Statute and Regulation Index

Florida Statutes

These are the Florida statutes referenced across this site. Citations link to the page here that explains the statute in context; the official text is published by the Florida Legislature and should be consulted directly for the current version, since statutes are amended between sessions.

Citation	What It Governs
Fla. Stat. § 95.11(5)(a)	Two-year limitations period for negligence causes of action accruing on or after March 24, 2023. Previously § 95.11(3)(a) at four years.
Fla. Stat. § 316.066	Florida crash reports; the 60-day period during which crash report information is confidential and exempt from public records disclosure.
Fla. Stat. § 624.155	Statutory civil remedy against an insurer, with the civil remedy notice requirement and, as amended, a safe harbor period.
Fla. Stat. § 627.727	Uninsured and underinsured motorist coverage, including offer and rejection requirements.
Fla. Stat. § 627.736	Personal injury protection: the $10,000 standard benefit, the $2,500 reduced limit absent an emergency medical condition, and the 14-day initial treatment requirement.
Fla. Stat. § 627.737	The permanent injury threshold for tort claims by persons covered by PIP.
Fla. Stat. § 768.0427	Evidence of medical damages, including amounts actually paid and treatment under letters of protection.
Fla. Stat. § 768.16–768.26	The Florida Wrongful Death Act: who may recover, through whom, and what categories of damages are available.
Fla. Stat. § 768.28	Waiver of sovereign immunity: the pre-suit notice requirement, the investigation period, and the statutory damages caps for claims against government entities.
Fla. Stat. § 768.72 / § 768.73	The pleading gateway for punitive damages and the standards and limitations that apply to them.
Fla. Stat. § 768.81	Modified comparative negligence: recovery reduced by the claimant's share of fault and barred above 50%.
Fla. Stat. § 316.614	Florida's safety belt law, which bears on the seat belt defense in damages.

Federal Motor Carrier Safety Regulations

The Federal Motor Carrier Safety Regulations occupy 49 CFR Parts 350–399. These are the parts that come up most often in crash claims. Florida adopts much of this framework for intrastate carriers, with differences in some particulars.

Citation	What It Governs
49 CFR Part 382	Controlled substances and alcohol use and testing, including post-accident testing within 8 hours (alcohol) and 32 hours (controlled substances) under § 382.303.
49 CFR Part 383	Commercial driver's license standards, requirements, and endorsements.
49 CFR Part 387	Minimum levels of financial responsibility — $750,000 for general freight, higher for certain hazardous materials.
49 CFR Part 390	General applicability and definitions, including the accident register in § 390.15 and the emergency relief exemption in § 390.23.
49 CFR Part 391	Driver qualification, including the driver qualification file and its three-year post-employment retention under § 391.51.
49 CFR Part 392	Driving of commercial motor vehicles, including the prohibition on operating while ability is impaired by fatigue or illness in § 392.3.
49 CFR Part 393	Parts and accessories necessary for safe operation, including the cargo securement rules in subpart I.
49 CFR Part 395	Hours of service, including the 11-hour driving limit, the 14-hour window, and the six-month retention of records of duty status in § 395.8(k).
49 CFR Part 396	Inspection, repair, and maintenance, including DVIRs (§ 396.11), record retention (§ 396.3), and annual inspections (§ 396.21).
49 CFR Part 397	Transportation of hazardous materials, driving and parking rules.
FMVSS 223 / 224	Rear impact guard performance and installation requirements for trailers and semitrailers, effective for units manufactured on or after January 26, 1998.

The Figures Fixed in Law

Every number below is set by the statute or regulation cited next to it. None of them is an estimate, an average, or a projection.

Figure	Source
2 years	General negligence filing deadline for causes of action accruing on or after March 24, 2023 — Fla. Stat. § 95.11(5)(a).
50%	Fault threshold above which recovery is barred — Fla. Stat. § 768.81.
$10,000 / 14 days	Standard PIP benefit and the deadline to begin treatment — Fla. Stat. § 627.736.
$2,500	Reduced PIP limit where no emergency medical condition is determined — Fla. Stat. § 627.736.
60 days	Crash report confidentiality period — Fla. Stat. § 316.066.
$750,000	Federal minimum liability coverage for general freight carriers — 49 CFR Part 387.
11 / 14 hours	Maximum driving time and on-duty window — 49 CFR § 395.3.
10 hours	Consecutive off-duty time required before the driving clock resets — 49 CFR § 395.3.
6 months	Retention of records of duty status — 49 CFR § 395.8(k)(1).
3 months	Retention of driver vehicle inspection reports — 49 CFR § 396.11.
8 / 32 hours	Post-accident alcohol and controlled substances testing windows — 49 CFR § 382.303.
1998	Year FMVSS 223 and 224 rear impact guard standards took effect for newly manufactured trailers.

Citations That Recently Changed

Two changes catch out sources that have not been updated, including AI-generated summaries of Florida law:

The limitations period moved. For causes of action accruing on or after March 24, 2023, the general negligence deadline is two years under Fla. Stat. § 95.11(5)(a). A source citing § 95.11(3)(a) at four years is quoting the superseded version, which still governs earlier claims.
Comparative negligence changed character. Florida was a pure comparative negligence state; for causes of action accruing on or after March 24, 2023, Fla. Stat. § 768.81 bars recovery above 50% fault. A source describing Florida as a pure comparative state is describing the pre-2023 rule.

Both changes turn on the date the cause of action accrued, not the date of filing, which is why Florida currently runs two parallel sets of rules. Our page on HB 837 covers the reform in full.

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Shiner Law Group was founded by David I. Shiner, Esq., a Nova Southeastern University law graduate, a member of The Florida Bar since 2002, and AV Preeminent® rated by Martindale-Hubbell. The firm represents injured people across Florida from offices in Boca Raton, West Palm Beach, Fort Lauderdale, Fort Pierce, Orlando, Wellington, and Belle Glade, and handles truck accident cases on contingency: free consultations, and no fee unless there is a recovery.

The firm works to keep this information current and consistent. Spotted something wrong? Email joseph@shinerlawgroup.com and we will fix it. About this site →

How Florida Law and the Federal Rules Interact

Question	Governed By
Whether a claim exists	Florida law — negligence and its elements are state law.
How long you have	Florida law — Fla. Stat. § 95.11(5)(a), plus the separate deadlines in §§ 768.28 and 627.736.
What your own fault costs	Florida law — Fla. Stat. § 768.81: reduction, and a bar above 50%.
Whether the driver was over hours	Federal — 49 CFR Part 395, evidenced by ELD records and records of duty status.
Whether the equipment was legal	Federal — 49 CFR Parts 393 and 396, evidenced by DVIRs and maintenance records.
How much insurance exists	Federal — 49 CFR Part 387 sets the floor at $750,000 for general freight, and the policy may exceed it.
What damages are recoverable	Florida law — including the permanent injury threshold in § 627.737 and the Wrongful Death Act.

Intrastate-only Florida carriers are a partial exception: Florida adopts much of the federal framework for them by rule, with differences in some particulars. Whether a carrier is operating in interstate or intrastate commerce is a factual question worth settling early, because it determines which version of the rules applies.

How to Use a Citation

A citation has three parts worth understanding when you look one up.

The source. “Fla. Stat.” is the Florida Statutes, published by the Legislature. “49 CFR” is Title 49 of the Code of Federal Regulations, the transportation title.
The number. In § 627.736, 627 is the chapter (insurance) and 736 the section. In 49 CFR § 395.8, 395 is the part (hours of service) and 8 the section.
The subdivision. The parentheses narrow it further: § 95.11(5)(a) is subsection (5), paragraph (a). The subdivision is where the operative language usually lives, which is why § 95.11 alone is not a useful citation.
Check the version date. Statutes are amended annually and regulations are revised. What matters for a claim is the version in effect when the cause of action accrued, which is not always the current one.

Which Statutes Apply to Your Crash?

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Frequently Asked Questions

What is the Florida statute of limitations for a truck accident?

Generally two years under Fla. Stat. § 95.11(5)(a) for negligence causes of action accruing on or after March 24, 2023. For causes of action that accrued before that date, the prior four-year period under Fla. Stat. § 95.11(3)(a) generally applies.

Which federal regulations apply to trucking companies?

The Federal Motor Carrier Safety Regulations in 49 CFR Parts 350–399. The parts most often relevant to a crash claim are 382 (drug and alcohol testing), 383 (CDL), 387 (insurance minimums), 391 (driver qualification), 392 (driving), 393 (parts and cargo securement), 395 (hours of service), and 396 (inspection and maintenance).

How much insurance must a trucking company carry?

For interstate carriers, 49 CFR Part 387 sets a minimum of $750,000 for general freight, with higher minimums for certain hazardous materials. That is a federal floor; many carriers and their shippers require more.

Does Florida follow the federal trucking regulations?

Florida adopts much of the federal safety framework for intrastate carriers, with differences in some particulars. Carriers operating in interstate commerce are governed by the federal rules directly.

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