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ARTICLE · 14 JULY 2022

Changes To Florida's Proposal For Settlement

Wilson Elser Moskowitz Edelman & Dicker LLP
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For many years, Florida's defense practitioners have used a Proposal for Settlement (PFS) as a tool to demand certain nonmonetary terms, such as the execution of a settlement release...

United StatesLitigation, Mediation & Arbitration
Noelle K. Sheehan
Noelle K. Sheehan
Erin McGrath
Erin McGrath
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For many years, Florida's defense practitioners have used a Proposal for Settlement (PFS) as a tool to demand certain nonmonetary terms, such as the execution of a settlement release, as a condition to a plaintiff's acceptance of a PFS. Effective July 1, 2022, however, the Florida Supreme Court has amended Florida Rule of Civil Procedure 1.442, which governs the procedural requirements for a PFS.

Provisions
The stated purpose of the Court's Amendment is to "align rule 1.442 with the substantive elements of Florida's settlement proposal statutes." Under the Amendment, however, parties are precluded from serving a PFS containing "nonmonetary terms, with the exceptions of a voluntary dismissal of all claims with prejudice and any other nonmonetary terms permitted by statute." (For example, section 70.001(4)(c), Florida Statutes, lists the nonmonetary terms that a governmental entity may include in a settlement offer when the government action inordinately burdens

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