News & Events

On May 26, 2022, the Florida Supreme Court amended Rule 1.442 of the Rules of Civil Procedure to remove any reference to non-monetary conditions in a Proposal for Settlement. In short, any Proposal for Settlement served after July 1, 2022 can no longer include conditions, such as the execution of a release, as a condition of the settlement. The only exception to this amended rule is that Proposals may be conditioned on the requirement that the Plaintiff dismiss his/her complaint against the defendant.

Here is the text of the Amended Rule.:

RULE 1.442. PROPOSALS FOR SETTLEMENT

(a)-(b) [No Change]

(c) Form and Content of Proposal for Settlement.

(1) [No Change]

(2) A proposal shall:

(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 (F);

(C) state with particularity any relevant conditions 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 and state with particularity all nonmonetary terms 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’ fee 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)-(4) [No Change]

(d)-(j) [No Change]

Committee Notes 
[No Change]