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Effective July 1, 2022, Rule 1.442 will no longer permit parties to include non-monetary terms in their Proposals for Settlement. This includes, but is not limited to terms and conditions such as confidentiality, indemnity or hold harmless language, and other conditions material to many settlements.
Florida Statutes Section 768.79 encourages settlement of claims by providing an attorney fee shifting mechanism in instances where the defendant makes an offer of judgment to the plaintiff, and the ultimate judgment is one of no liability or the plaintiff obtains a judgment that is at least 25% less than the amount of ...
(1) Unless a different time is prescribed in a statute of Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication.
A PFS Florida is good for 30 days once delivered to the opposing party. The offeree must accept the settlement within those 30 days, otherwise, the court considers the offer rejected. One party's rejection of a PFS does not preclude later PFSs being made afterward.
(1) A proposal shall be deemed rejected unless accepted by delivery of a written notice of acceptance within 30 days after service of the proposal.
Offers of judgment in Florida personal injury cases are a way of resolving a Florida civil claim. Either side may formally approach the other party, in writing, and state that they are willing to resolve the case on specified terms. The other side has 30 days to accept the proposal.