Fla. R. Civ. P. 1.442

Proposals for Settlement

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RULE 1.442. 	PROPOSALS FOR SETTLEMENT
(a) 	Applicability. This rule applies to all proposals for
settlement authorized by Florida law, regardless of the terms used
to refer to such offers, demands, or proposals, and supersedes all
other provisions of the rules and statutes that may be inconsistent
with this rule.
(b) 	Service of Proposal. A proposal to a defendant may be
served no earlier than 90 days after service of process on that
defendant; a proposal to a plaintiff may be served no earlier than 90
days after the action has been commenced. No proposal may be
served later than 45 days before the date set for trial or the first day
of the docket on which the case is set for trial, whichever is earlier.
(c) 	Form and Content of Proposal for Settlement.
(1) 	A proposal must be in writing and must identify the
applicable Florida law under which it is being made.
(2) 	A proposal must:
(A) 	name the party or parties making the proposal
and the party or parties to whom the proposal is being made;

(B) 	state that the proposal resolves all damages
that would otherwise be awarded in a final judgment in the action
in which the proposal is served, subject to subdivision (c)(2)(F);
(C) 	exclude nonmonetary terms, with the
exceptions of a voluntary dismissal of all claims with prejudice and
any other nonmonetary terms permitted by statute;
(D) 	state the total amount of the proposal;
(E) 	state with particularity the amount proposed
to settle a claim for punitive damages, if any;
(F) 	state whether the proposal includes attorneys’
fees and whether attorneys’ fees are part of the legal claim; and
(G) 	include a certificate of service in the form
required by Florida Rule of General Practice and Judicial
Administration 2.516.
(3) 	A proposal may be made by or to any party or
parties and by or to any combination of parties properly identified
in the proposal. A joint proposal must state the amount and terms
attributable to each party.
(4) 	Notwithstanding subdivision (c)(3), when a party is
alleged to be solely vicariously, constructively, derivatively, or
technically liable, whether by operation of law or by contract, a joint
proposal made by or served on such a party need not state the
apportionment or contribution as to that party. Acceptance by any
party is without prejudice to rights of contribution or indemnity.
(d) 	Service and Filing. A proposal must be served on the
party or parties to whom it is made but must not be filed unless
necessary to enforce the provisions of this rule.
(e) 	Withdrawal. A proposal may be withdrawn in writing
provided the written withdrawal is delivered before a written
acceptance is delivered. Once withdrawn, a proposal is void.

(f) 	Acceptance and Rejection.
(1) 	A proposal is deemed rejected unless accepted by
delivery of a written notice of acceptance within 30 days after
service of the proposal. The provisions of Florida Rule of General
Practice and Judicial Administration 2.514(b) do not apply to this
subdivision. Oral communications will not be considered an
acceptance, rejection, or counteroffer under the provisions of this
rule.
(2) 	In any case in which the existence of a class is
alleged, the time for acceptance of a proposal for settlement is
extended to 30 days after the date the order granting or denying
certification is filed.
(g) 	Sanctions. Any party seeking sanctions under applicable
Florida law, based on the failure of the proposal’s recipient to
accept a proposal, must do so by serving a motion in accordance
with rule 1.525.
(h) 	Costs and Fees.
(1) 	If a party is entitled to costs and fees under
applicable Florida law, the court may, in its discretion, determine
that a proposal was not made in good faith. In such case, the court
may disallow an award of costs and attorneys’ fees.
(2) 	When determining the reasonableness of the
amount of an award of attorneys’ fees under this subdivision, the
court must consider, along with all other relevant criteria, the
following factors:
(A) 	the then-apparent merit or lack of merit in the
claim;
(B) 	the number and nature of proposals made by
the parties;
(C) 	the closeness of questions of fact and law at
issue;

(D) 	whether the party making the proposal had
unreasonably refused to furnish information necessary to evaluate
the reasonableness of the proposal;
(E) 	whether the suit was in the nature of a test
case presenting questions of far-reaching importance affecting
nonparties; and
(F) 	the amount of the additional delay cost and
expense that the party making the proposal reasonably would be
expected to incur if the litigation were to be prolonged.
(i) 	Evidence of Proposal. Evidence of a proposal or
acceptance of a proposal is admissible only in proceedings to
enforce an accepted proposal or to determine the imposition of
sanctions.
(j) 	Effect of Mediation. Mediation has no effect on the
dates during which parties are permitted to make or accept a
proposal for settlement under the terms of the rule.
Committee Notes
1996 Amendment. This rule was amended to reconcile, where
possible, sections 44.102(6) (formerly 44.102(5)(b)), 45.061, 73.032,
and 768.79, Florida Statutes, and the decisions of the Florida
Supreme Court in Knealing v. Puleo, 675 So. 2d 593 (Fla. 1996), TGI
Friday’s, Inc. v. Dvorak, 663 So. 2d 606 (Fla. 1995), and Timmons v.
Combs, 608 So. 2d 1 (Fla. 1992). This rule replaces former rule
1.442, which was repealed by the Timmons decision, and
supersedes those sections of the Florida Statutes and the prior
decisions of the court, where reconciliation is impossible, in order to
provide a workable structure for proposing settlements in civil
actions. The provision which requires that a joint proposal state the
amount and terms attributable to each party is in order to conform
with Fabre v. Marin, 623 So. 2d 1182 (Fla. 1993).
2000 Amendment. Subdivision (f)(2) was added to establish
the time for acceptance of proposals for settlement in class actions.

“Filing” is defined in rule 1.080(e). Subdivision (g) is amended to
conform with new rule 1.525.
2012 Amendment. Subdivision (c)(2)(G) is amended to reflect
the relocation of the service rule from rule 1.080 to Fla. R. Jud.
Admin. 2.516.
2013 Amendment. Subdivision (f)(1) was amended to reflect
the relocation of the rule regarding additional time after service by
mail or e-mail from rule 1.090(e) to Fla. R. Jud. Admin. 2.514(b).
2013 Amendment. Subdivision (c)(2)(B) is amended to clarify
that a proposal for settlement must resolve all claims between the
proponent and the party to whom the proposal is made except
claims for attorneys’ fees, which may or may not be resolved in the
proposal.

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