In Perlmutter v. Federal Insurance Company, No. SC2024-0058 (Fla. June 11, 2026), the Florida Supreme Court clarified—and seemingly lowered—the pleading requirements for punitive damages. In its interpretation of Florida Statute 768.72(1), it held that a trial court should only consider evidence put forward by the claimant (and not any counter-evidence offered by the opponent). Also, the trial court should not apply the clear and convincing evidence standard in evaluating the sufficiency of the evidence during the pleading stage. Rather, it should simply determine whether a reasonable person could conclude the defendant committed either intentional misconduct or gross negligence based on the evidence provided in the pleadings or proffer. The clear and convincing evidence standard applies to the evidentiary burden plaintiff must satisfy at trial.

For more information, read the full opinion here: https://flcourts-media.flcourts.gov/content/download/2489938/opinion/Opinion_SC2024-0058.pdf.