Bill Text: FL S0686 | 2021 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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       Florida Senate - 2021                                     SB 686
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-01000A-21                                           2021686__
    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 exclusive
    4         offers of judgment; specifying that parties serving
    5         exclusive offers of judgment are not required to
    6         specify an amount being offered for attorney fees and
    7         costs; providing construction; authorizing certain
    8         offerings of judgment require both individuals to
    9         either accept or reject the offer; providing
   10         requirements relating to grounds for challenging the
   11         validity of offers; defining the term “judgment
   12         obtained” as it relates to exclusive offers of
   13         judgment; providing applicability; providing an
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Present subsections (3) through (8) of section
   19  768.79, Florida Statutes, are redesignated as subsections (5)
   20  through (10), respectively, new subsections (3) and (4) are
   21  added to that section, and subsection (2) and present
   22  subsections (3), (4), and (6) of that section are amended, to
   23  read:
   24         768.79 Offer of judgment and demand for judgment.—
   25         (2) The making of an offer of settlement which is not
   26  accepted does not preclude the making of a subsequent offer.
   27         (3) Parties may serve an exclusive offer of judgment
   28  identifying only the total amount of indemnity or damages and
   29  stipulating to entitlement to attorney fees and costs to be
   30  determined at a later time by the parties or the court. A party
   31  serving an exclusive offer of judgment is not required to
   32  specify an amount being offered for attorney fees and costs.
   33         (4) An offer must:
   34         (a) Be in writing and state that it is being made pursuant
   35  to this section.
   36         (b) Name the party making it and the party to whom it is
   37  being made.
   38         (c) State with particularity the amount offered to settle a
   39  claim for punitive damages, if any.
   40         (d) State its total amount.
   41  
   42  The offer shall be construed as including all damages which may
   43  be awarded in a final judgment unless it is an exclusive offer
   44  of judgment. An exclusive offer of judgment shall be construed
   45  as including all damages, if any, that may be awarded in a final
   46  judgment, not including any amount that may be awarded for
   47  attorney fees, costs, or interest.
   48         (5)(3) The offer shall be served upon the party to whom it
   49  is made, but it shall not be filed unless it is accepted or
   50  unless filing is necessary to enforce the provisions of this
   51  section. In an action relating to damages to real property that
   52  is jointly owned by two individuals who are insureds, an offer
   53  of judgment which is served on both insureds may require that
   54  both insureds either accept or reject the offer.
   55         (6)(4) An offer shall be accepted by filing a written
   56  acceptance with the court within 30 days after service. Upon
   57  filing of both the offer and acceptance, the court has full
   58  jurisdiction to enforce the settlement agreement. Within 30 days
   59  after service of an offer of judgment, the offeree must notify
   60  the offeror of any grounds for challenging the validity of the
   61  offer. The grounds for challenging the validity of the offer
   62  must be in writing and stated with specificity to enable the
   63  offeror to reevaluate the offer and make corrections, if
   64  warranted. If the offeree fails to timely notify the offeror in
   65  writing of the grounds for challenging the validity of the
   66  offer, the offeree waives the right to object to the validity of
   67  the offer.
   68         (8)(6) Upon motion made by the offeror within 30 days after
   69  the entry of judgment or after voluntary or involuntary
   70  dismissal, the court shall determine the following:
   71         (a) If a defendant serves an offer which is not accepted by
   72  the plaintiff, and if the judgment obtained by the plaintiff is
   73  at least 25 percent less than the amount of the offer, the
   74  defendant shall be awarded reasonable costs, including
   75  investigative expenses, and attorney’s fees, calculated in
   76  accordance with the guidelines promulgated by the Supreme Court,
   77  incurred from the date the offer was served, and the court shall
   78  set off such costs in attorney’s fees against the award. When
   79  such costs and attorney’s fees total more than the amount of the
   80  judgment, the court shall enter judgment for the defendant
   81  against the plaintiff for the amount of the costs and fees, less
   82  the amount of the award to the plaintiff.
   83         (b) If a plaintiff serves an offer which is not accepted by
   84  the defendant, and if the judgment obtained by the plaintiff is
   85  at least 25 percent more than the amount of the offer, the
   86  plaintiff shall be awarded reasonable costs, including
   87  investigative expenses, and attorney’s fees, calculated in
   88  accordance with the guidelines promulgated by the Supreme Court,
   89  incurred from the date the offer was served.
   90  
   91  For purposes of the determination required by paragraph (a), the
   92  term “judgment obtained” means the amount of the net judgment
   93  entered, plus any postoffer collateral source payments received
   94  or due as of the date of the judgment, plus any postoffer
   95  settlement amounts by which the verdict was reduced. For
   96  purposes of the determination required by paragraph (b), the
   97  term “judgment obtained” means the amount of the net judgment
   98  entered, plus any postoffer settlement amounts by which the
   99  verdict was reduced. However, for purposes of determinations
  100  required by paragraph (a) or paragraph (b), whenever the offer
  101  is an exclusive offer of judgment, the term “judgment obtained”
  102  means the total amount of damages recovered, if any, but does
  103  not include any amount awarded for attorney fees, costs, or
  104  interest.
  105         Section 2. This act applies to all offers of judgment
  106  served on or after July 1, 2021.
  107         Section 3. This act shall take effect July 1, 2021.