Fla. Stat. § 768.72
Punitive Damages
Punitive damages punish especially bad conduct — but Florida sets a high bar and a cap. Here is when they apply and how far they can go.
Attorney-Reviewed Statute Resource
Reviewed by Christopher Walsh, Personal Injury Trial Attorney (Fla. Bar #127459).
Last reviewed: June 2026
A High Bar
Most injury cases award compensatory damages — to make you whole. Punitive damages are different: they punish and deter especially bad conduct. Under § 768.72, they require clear and convincing evidence of intentional misconduct or gross negligence, and a court must first permit the claim to be added.
The Governing Statute
Fla. Stat. § 768.72 — Punitive Damages
"A defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence."
Read the full statute on Online Sunshine →
The Caps
Punitive Damages — General Caps
General limit: The greater of 3 times compensatory damages or $500,000.
Higher limits apply where the conduct was motivated by financial gain, and the cap can be removed entirely for specific intent to harm.
Higher limits apply where the conduct was motivated by financial gain, and the cap can be removed entirely for specific intent to harm.
Because of the high bar and the gatekeeping step, punitive damages are the exception, not the rule — reserved for the worst conduct, like drunk driving or willful corporate misconduct.
Frequently Asked Questions
When can you get punitive damages in Florida?
Only with clear and convincing evidence of intentional misconduct or gross negligence under § 768.72, and only after a court permits the claim. They are reserved for especially egregious conduct, such as drunk driving or willful wrongdoing — not ordinary negligence.
Is there a cap on punitive damages in Florida?
Generally yes — the greater of three times compensatory damages or $500,000. Higher limits apply when the conduct was motivated by financial gain, and the cap can be lifted entirely where there was specific intent to harm.
Charged Under This Statute?
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This page summarizes Fla. Stat. § 768.72 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.