Sections 768.725 and 768.73 do not apply to any defendant who, at the time of the act or omission for which punitive damages are sought, was under the influence of any alcoholic beverage or drug to the extent that the defendant’s normal faculties were impaired, or who had a blood or breath alcohol level of 0.08 percent or higher.
Fla. Stat. § 768.736
Punitive damages; exceptions for intoxication
Known as the Florida Wrongful Death Act
The act spans §§ 768.041 to 768.81 (79 sections).
History.--s. 25, ch. 99-225.
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.