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Common Elements is not a law firm and does not provide legal services. Plain-English summaries, topic guides, and synced statutory text help you find the right citation faster. Always confirm the current official version on the official leg.state.fl.us (statutes) or flrules.org (administrative rules) before relying on any citation.
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Fla. Stat. § 768.31
Common Elements summary — Section 768.31 (the Uniform Contribution Among Tortfeasors Act) lets a defendant who has paid more than its proportionate share of a joint tort judgment seek contribution from co-tortfeasors. The right to contribution is established as a matter of substantive law and can be enforced either as a counterclaim in the original suit or as a separate action after payment. For HOA and COA boards this is the statutory basis for impleading vendors, contractors, and management companies into a tort claim. When a slip-and-fall lawsuit lands on the association, the association's first move is typically to bring in the landscaping vendor, the elevator company, the pool service — whoever else shares fault — under 768.31. The pre-Tiger Woods view that contribution was disfavored has been replaced by Florida's comparative-fault regime (see 768.81), but 768.31 still controls when comparative fault doesn't apply (intentional torts, certain insurer-subrogation contexts). Board liability shifts substantially when the association's contribution claim is pleaded crisply and early.
Not legal advice. Statute reference is for education only. Confirm citations on official sources and consult a Florida attorney for your situation.
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Reference only. Not legal advice. Verify current text at the official state legislature website before citing. Printed from Common Elements (October 12, 2026).
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