Bill Text: FL S0686 | 2021 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Offers of Judgment
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2021-04-30 - Died in Rules [S0686 Detail]
Download: Florida-2021-S0686-Comm_Sub.html
Bill Title: Offers of Judgment
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2021-04-30 - Died in Rules [S0686 Detail]
Download: Florida-2021-S0686-Comm_Sub.html
Florida Senate - 2021 CS for SB 686 By the Committee on Judiciary; and Senator Brandes 590-02141-21 2021686c1 1 A bill to be entitled 2 An act relating to offers of judgment; amending s. 3 768.79, F.S.; authorizing parties to serve offers of 4 judgment that make certain stipulations relating to 5 attorney fees and costs; authorizing certain offerings 6 of judgment relating to jointly owned property to 7 require both individuals to either accept or reject 8 the offer; providing requirements relating to grounds 9 for challenging the validity of offers; defining the 10 term “judgment obtained” as it relates to certain 11 offers of judgment; providing applicability; providing 12 an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Present subsections (3) through (8) of section 17 768.79, Florida Statutes, are redesignated as subsections (5) 18 through (10), respectively, new subsections (3) and (4) are 19 added to that section, and subsection (2) and present 20 subsections (3), (4), and (6) of that section are amended, to 21 read: 22 768.79 Offer of judgment and demand for judgment.— 23 (2) The making of an offer of settlement which is not 24 accepted does not preclude the making of a subsequent offer. 25 (3) A party may make an offer of judgment that identifies 26 only the total amount of indemnity or damages and stipulates 27 that entitlement to attorney fees and costs will be established 28 at a later time by the parties or the court. An offer of 29 judgment is not required to specify an amount for attorney fees 30 and costs. 31 (4) An offer must: 32 (a) Be in writing and state that it is being made pursuant 33 to this section. 34 (b) Name the party making it and the party to whom it is 35 being made. 36 (c) State with particularity the amount offered to settle a 37 claim for punitive damages, if any. 38 (d) State its total amount. 39 40 The offer shall be construed as including all damages which may 41 be awarded in a final judgment unless it is an offer of judgment 42 that stipulates that entitlement to attorney fees and costs will 43 be established at a later time by the parties or the court. 44 (5)(3)AnTheoffer shall be served upon the party to whom 45 it is made, but it mayshallnot be filed unless it is accepted 46 or unless filing is necessary to enforce the provisions of this 47 section. In an action relating to damages to real property that 48 is jointly owned by two individuals who are insureds, an offer 49 of judgment which is served on both insureds may require that 50 both insureds either accept or reject the offer. 51 (6)(4)An offer shall be accepted by filing a written 52 acceptance with the court within 30 days after service. Upon 53 filing of both the offer and acceptance, the court has full 54 jurisdiction to enforce the settlement agreement. Within 30 days 55 after an offer is served, the offeree must notify the offeror of 56 any grounds for challenging the validity of the offer. The 57 grounds for challenging the validity of the offer must be in 58 writing and stated with specificity to enable the offeror to 59 reevaluate the offer and make corrections, if warranted. If the 60 offeree fails to timely notify the offeror in writing of the 61 grounds for challenging the validity of the offer, the offeree 62 waives the right to object to the validity of the offer. 63 (8)(6)Upon motion made by the offeror within 30 days after 64 the entry of judgment or after voluntary or involuntary 65 dismissal, the court shall determine the following: 66 (a) If a defendant serves an offer which is not accepted by 67 the plaintiff, and if the judgment obtained by the plaintiff is 68 at least 25 percent less than the amount of the offer, the 69 defendant shall be awarded reasonable costs, including 70 investigative expenses, and attorneyattorney’sfees, calculated 71 in accordance with the guidelines promulgated by the Supreme 72 Court, incurred from the date the offer was served, and the 73 court shall set off such costs in attorneyattorney’sfees 74 against the award. When such costs and attorneyattorney’sfees 75 total more than the amount of the judgment, the court shall 76 enter judgment for the defendant against the plaintiff for the 77 amount of the costs and fees, less the amount of the award to 78 the plaintiff. 79 (b) If a plaintiff serves an offer which is not accepted by 80 the defendant, and if the judgment obtained by the plaintiff is 81 at least 25 percent more than the amount of the offer, the 82 plaintiff shall be awarded reasonable costs, including 83 investigative expenses, and attorneyattorney’sfees, calculated 84 in accordance with the guidelines promulgated by the Supreme 85 Court, incurred from the date the offer was served. 86 87 For purposes of the determination required by paragraph (a), the 88 term “judgment obtained” means the amount of the net judgment 89 entered, plus any postoffer collateral source payments received 90 or due as of the date of the judgment, plus any postoffer 91 settlement amounts by which the verdict was reduced. For 92 purposes of the determination required by paragraph (b), the 93 term “judgment obtained” means the amount of the net judgment 94 entered, plus any postoffer settlement amounts by which the 95 verdict was reduced. For purposes of the determination required 96 by paragraph (a) for an offer of judgment that stipulates that 97 entitlement to attorney fees and costs will be established at a 98 later time by the parties or the court, the term “judgment 99 obtained” means the total amount of damages, if any, but does 100 not include any amount awarded for attorney fees and costs. 101 Section 2. This act applies to all offers of judgment 102 served on or after July 1, 2021. 103 Section 3. This act shall take effect July 1, 2021.