Fla. Std. Jury Instr. (Civ.) 503.1

a. First stage of bifurcated punitive damages procedure:

There is an additional claim in this case that you must decide. If you find for (claimant) and against (defendant(s)), you must decide whether, in addition to compensatory damages, punitive damages are warranted as punishment to [one or more of] (defendant(s)) and as a deterrent to others.

The trial of the punitive damages issue is divided into two parts. In this first part, you will decide whether the conduct of (defendant(s) or individual(s) whose conduct may warrant punitive damages) is such that punitive damages are warranted. If you decide that punitive damages are warranted, we will proceed to the second part of that issue during which the parties may present additional evidence and argument on the issue of punitive damages. I will then give you additional instructions, after which you will decide whether, in your discretion, punitive damages will be assessed and, if so, the amount.

b(1). Punitive damages for acts of an individual defendant:

(Claimant) claims that punitive damages should be awarded against (defendant) for [his] [her] [its] conduct in (describe the alleged punitive conduct). Punitive damages are warranted against (defendant) if you find by clear and convincing evidence that (defendant) was guilty of [intentional misconduct] [or] [gross negligence], which was a substantial cause of [loss] [injury] [or] [damage] to (claimant). Under those circumstances you may, in your discretion, award punitive damages against (defendant). If clear and convincing evidence does not show such conduct by (defendant), punitive damages are not warranted against (defendant).

[“Intentional misconduct” means that (defendant) had actual knowledge of the wrongfulness of the conduct and there was a high probability of injury or damage to (claimant) and, despite that knowledge, [he] [she] intentionally pursued that course of conduct, resulting in injury or damage.]

[“Gross negligence” means that (defendant’s) conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.]

“Clear and convincing evidence” differs from the “greater weight of the evidence” in that it is more compelling and persuasive. As I have already instructed you, “greater weight of the evidence” means the more persuasive and convincing force and effect of the entire evidence in the case. “Clear and convincing evidence” is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue.

b(2). Direct liability for acts of managing agent, primary owner, or certain others:

(Claimant) claims that punitive damages should be awarded against (defendant) for the acts of (managing agent, primary owner, or other person whose conduct may warrant punitive damages without proof of a superior’s fault) in (describe the alleged punitive conduct). Punitive damages are warranted against (defendant) if you find by clear and convincing evidence that (managing agent, primary owner, or other person whose conduct may warrant punitive damages without proof of a superior’s fault) [was] [were] personally guilty of [intentional misconduct] [or] [gross negligence], which was a substantial cause of [loss] [injury] [or] [damage] to (claimant). Under those circumstances you may, in your discretion, award punitive damages against (defendant corporation or partnership). If clear and convincing evidence does not show such conduct by (managing agent, primary owner, or other person whose conduct may warrant punitive damages without proof of a superior’s fault), punitive damages are not warranted against (defendant).

[“Intentional misconduct” means that (person whose conduct may warrant punitive damages) had actual knowledge of the wrongfulness of the conduct and there was a high probability of injury or damage to (claimant) and, despite that knowledge, [he] [she] intentionally pursued that course of conduct, resulting in injury or damage.]

[“Gross negligence” means that the conduct of (person whose conduct may warrant punitive damages) was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.]

[“Clear and convincing evidence” differs from the “greater weight of the evidence” in that it is more compelling and persuasive. As I have already instructed you, “greater weight of the evidence” means the more persuasive and convincing force and effect of the entire evidence in the case.] “Clear and convincing evidence” is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue.

b(3). Liability for acts of employee/agent who is party being sued for punitive damages:

(Claimant) claims that punitive damages should be awarded against (employee/agent) and (defendant employer) for (employee/agent’s) conduct in (describe the alleged punitive conduct). Punitive damages are warranted against (employee/agent) if you find by clear and convincing evidence that (employee/agent) was personally guilty of [intentional misconduct] [or] [gross negligence], which was a substantial cause of [loss] [injury] [or] [damage] to (claimant). Under those circumstances you may, in your discretion, award punitive damages against (employee/agent). If clear and convincing evidence does not show such conduct by (employee/agent), punitive damages are not warranted against either (employee/agent) or (defendant employer).

If you find that punitive damages are warranted against (employee/agent) you may also, in your discretion, award punitive damages against (defendant employer) if you find from clear and convincing evidence that:

(A). (defendant employer) actively and knowingly participated in such conduct of (employee/agent); or

(B). the [officers] [directors] [or] [managers] of (defendant employer) knowingly condoned, ratified, or consented to such conduct of (employee/agent); or

(C). (defendant employer) engaged in conduct that constituted gross negligence and that contributed to the [loss] [damage] [or] [injury] to (claimant).

If clear and convincing evidence does not show such conduct by (defendant employer) punitive damages are not warranted against (defendant employer).

[“Intentional misconduct” means that (person whose conduct may warrant punitive damages) had actual knowledge of the wrongfulness of the conduct and there was a high probability of injury or damage to (claimant) and, despite that knowledge, [he] [she] intentionally pursued that course of conduct, resulting in injury or damage.]

[“Gross negligence” means that the conduct of (person whose conduct may warrant punitive damages) was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.]

[“Clear and convincing evidence” differs from the “greater weight of the evidence” in that it is more compelling and persuasive. As I have already instructed you, “greater weight of the evidence” means the more persuasive and convincing force and effect of the entire evidence in the case.] “Clear and convincing evidence” is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue.

b(4). Liability for acts of employee where employee/agent where employee/agent is not a party or is not being sued for punitive damages:

(Claimant) claims that punitive damages should be awarded against (defendant employer) for (employee/agent’s) conduct in (describe the alleged punitive conduct). Punitive damages are warranted if you find by clear and convincing evidence that (employee/agent) was personally guilty of [intentional misconduct] [or] [gross negligence], which was a substantial cause of [loss] [injury] [or] [damage] to (claimant) and that:

(A). (defendant employer) actively and knowingly participated in such conduct of (employee/agent); or

(B). the [officers] [directors] [or] [managers] of (defendant employer) knowingly condoned, ratified, or consented to such conduct of (employee/agent); or

(C). (defendant employer) engaged in conduct that constituted gross negligence and that contributed to the [loss] [damage] [or] [injury] to (claimant).

Under those circumstances you may, in your discretion, award punitive damages against (defendant employer). If clear and convincing evidence does not show such conduct by (employee/agent), punitive damages are not warranted against (defendant employer).

[“Intentional misconduct” means that (person whose conduct may warrant punitive damages) had actual knowledge of the wrongfulness of the conduct and there was a high probability of injury or damage to (claimant) and, despite that knowledge, [he] [she] intentionally pursued that course of conduct, resulting in injury or damage.]

[“Gross negligence” means that the conduct of (person whose conduct may warrant punitive damages) was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.]

[“Clear and convincing evidence” differs from the “greater weight of the evidence” in that it is more compelling and persuasive. As I have already instructed you, “greater weight of the evidence” means the more persuasive and convincing force and effect of the entire evidence in the case.] “Clear and convincing evidence” is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue.

b(5). When evidence admitted of harms caused to nonparties:

[In deciding the issue of punitive damages, you may consider any harm (defendant’s) conduct caused (claimant/decedent).

You have also heard evidence of harms (defendant’s) conduct [allegedly] caused to persons other than (claimant/decedent).

You may consider harms that (defendant’s) conduct caused to persons other than (claimant/decedent) in deciding the [reprehensibility] [or] [wrongfulness] of (defendant’s) conduct only if the harms suffered by those other persons were caused by the same or similar conduct of (defendant) that harmed (claimant/decedent).

However, you may not punish (defendant) for any harms suffered by persons other than (claimant/decedent).

*Refer to Note on Use 8.

(Proceed to 601.01 et seq. and balance of instructions for the completion of the jury instructions.)

c. Second stage of bifurcated punitive damage procedure:

c(1). Opening instruction, second stage:

Members of the jury, I am now going to tell you about the rules of law that apply to determining whether punitive damages should be assessed and, if so, in what amount. When I finish with these instructions, the parties will present additional evidence. You should consider this additional evidence along with the evidence presented, and you should decide any disputed factual issues by the greater weight of the evidence. “Greater weight of the evidence” means the more persuasive and convincing force and effect of the entire evidence in the case.

c(2). Punitive damages — determination of amount:

You are to decide the amount of punitive damages, if any, to be assessed as punishment against (defendant(s)) and as a deterrent to others. This amount would be in addition to the compensatory damages you have previously awarded. In making this determination, you should consider the following:

(A). the nature, extent and degree of misconduct and the related circumstances, including the following:

i. whether the wrongful conduct was motivated solely by unreasonable financial gain;

ii. whether the unreasonably dangerous nature of the conduct, together with the high likelihood of injury resulting from the conduct, was actually known by [(defendant)] [(the managing agent, director, officer, or other person responsible for making policy decisions on behalf of the defendant)];

iii. whether, at the time of [loss] [injury] [or] [damage], [(defendant)] [(the managing agent, director, officer, or other person responsible for making policy decisions on behalf of the defendant)] had a specific intent to harm (claimant) and the conduct of [(defendant)] [(the managing agent, director, officer, or other person responsible for making policy decisions on behalf of the defendant)] did in fact harm (claimant), [and]

[(B). [the financial resources of (defendant(s)); and]*

*Refer to Note on Use 5.

[(C). (Identify any other circumstance that the jury may consider in determining the amount of punitive damages.)]*

*Refer to Note on Use 6.

[However, you may not award an amount that would financially destroy (defendant(s)).]*

*Refer to Note on Use 7.

[(D). When evidence admitted of harms caused to nonparties:

In deciding the issue of punitive damages, you may consider any harm (defendant’s) conduct caused (claimant/decedent).

You have also heard evidence of harms (defendant’s) conduct [allegedly] caused to persons other than (claimant/decedent).

You may consider harms that (defendant’s) conduct caused to persons other than (claimant/decedent) in deciding the [reprehensibility] [or] [wrongfulness] of (defendant’s) conduct only if the harms suffered by those other persons were caused by the same or similar conduct of (defendant) that harmed (claimant/decedent).

However, you may not punish (defendant) for any harms suffered by persons other than (claimant/decedent).

*Refer to Note on Use 8.

You may in your discretion decline to assess punitive damages. [You may assess punitive damages against one defendant and not the other[s] or against more than one defendant. Punitive damages may be assessed against different defendants in different amounts.]

d. Closing instruction, second stage:

Members of the jury, you have now heard and received all of the evidence on the issue of punitive damages. Your verdict on the issues raised by the punitive damages claim of (claimant) against (defendant(s)) must be based on the evidence that has been received during the trial of the first phase of this case and on the evidence that has been received in these proceedings and the law on which I have instructed you. In reaching your verdict, you are not to be swayed from the performance of your duty by prejudice or sympathy for or against any party.

Your verdict must be unanimous, that is, your verdict must be agreed to by each of you.

You will be given a form of verdict, which I shall now read to you:

When you have agreed on your verdict, the foreperson, acting for the jury, should date and sign the verdict. You may now retire to consider your verdict.