Statute 768.79 & Rule 1.442, Proposal for Settlement Florida

Proposal for Settlement Florida

In Florida, civil litigation can be a drawn-out procedure with many unclear and unanswered issues about how a case will be resolved. Florida parties can use settlement proposals to influence a civil case’s outcome, evading the court’s final ruling. Our guide outlines the standards and other crucial factors for employing joint proposal for settlement in Florida, as well as the statute and how they operate in Florida.

What Is a Proposal for Settlement in Florida?

In Florida, the procedure through which a party to a civil action makes an offer to settle the matter before a final judgment is known as a proposal for settlement (PFS). The guidelines for settlement offers are found in Fla. Stat. 768.79 and Florida Rules of Civil Procedure 1.442.

During the trial court process, you’ll likely learn about PFS legal terms and other aspects of a Florida settlement offer. Legal guidelines aim to structure lawsuit settlements and encourage parties to settle before trial. The incentive aims to discourage parties from making genuine settlement offers and promote efficient use of court resources.

How Do Settlement Proposals Work in Florida?

Due to its numerous legal procedures, submitting a settlement proposal in Florida can be a somewhat complicated process. These requirements center on the terms of the settlement offer and different aspects of timing concerning the other components of a civil action (such as trial and serving of process).

Generally, a settlement proposal may be served to the other party by either (i.e., the plaintiffs or the defendants). After that, the proposal is open for acceptance or rejection by the other side. If approved, the matter is settled. However, the case’s overall net judgment may be impacted if one or both parties reject a proposed settlement.

The Structure of a Settlement Proposal Under Florida Statute 768.79

According to Florida Statutes 768.79, a party who declines a settlement offer when the verdict of the jury or court falls within a specific range is responsible for paying the other party’s legal expenses and attorney fees.

When a Plaintiff Turns Down a Judgment Offer by FS 768.79

Under Florida Statute 768.79, if a plaintiff declines a defendant’s settlement proposal, the plaintiff runs the danger of having the defendant’s legal fees and other costs offset by the court’s decision. The plaintiff’s award must be at least 25% less than the defendant’s settlement offer for FS 768.79 to be applicable.

If the judgment is for no culpability (or if the defendant’s attorney’s costs exceed the plaintiff’s award), the court may also record a judgment against the plaintiff for the defendant’s award of legal expenses.

The Danger of a Defendant’s Refusal to Accept Under the Florida Settlement Proposal Statute

On the other hand, if a defendant turns down a plaintiff’s offer of settlement, they can be responsible for paying all reasonable costs and legal fees spent by the plaintiff starting on the date of the demand. The plaintiff must get a judgment award that is at least 25% higher than the defendant’s offer for this rule to be applicable.

Under FS 768.79, What Are Reasonable Costs and Attorney’s Fees?

The Florida Supreme Court creates rules to assist parties and trial courts in figuring out how much attorney fees (such as filing fees and investigation costs) are appropriate. According to Florida statute 768.79, among other things, a court may take the following criteria into account when determining an award:

  • The claim’s apparent merit or lack thereof
  • The quantity of offers, as well as the content of those offers, that the parties to a case make
  • How closely related factual and legal issues were (i.e., how baseless the assertions were)
  • Whether the offeror’s refusal to give the offeree the information required to evaluate the settlement offer was unreasonable

Additional Rules under Florida Statute 768.79 for Settlement Offers

The court must accept a settlement proposal within thirty days before using Florida Statute 768.79 for its final ruling. Additionally, when presenting a settlement offer to a rival party, offerors need to be aware of the following requirements:

  • The written offer must specify how it applies to FS 768.79.
  • Both the offeror’s and offeree’s names must be on the written offer.
  • Give specific details on the sum offered to resolve a claim for punitive damages.
  • Indicate the entire sum being given as a settlement.

Florida allows parties to submit new settlement bids after rejecting an original offer to encourage further settlement attempts. The offeror can withdraw the offer if the offeree is notified in advance of the offer’s acceptance.

Proposal for Settlement Florida: Example

Let us use the following scenario to demonstrate Florida’s proposed settlement framework: Christiana filed a personal injury claim against John, who offered her a $50,000 settlement. Christiana rejected it, believing her claim was worth more. The case went to trial, and Christiana was awarded $25,000. However, her final judgment was 25% less than John’s, making her liable for John’s attorney’s fees and other costs.

Joint Proposal for Settlement Florida

On December 16, 2022, Florida’s governor signed Senate Bill 2A into law, altering the legal environment surrounding insurance claims. Property insurers may now jointly offer judgments or settlements in breach of contract cases, subject to the mutual approval of all joint offerees, according to a change to Florida Statutes Section 768.79. The difficulty of validity in serving combined offers—which were previously deemed invalid and unenforceable—is addressed by this modification. Joint offers of judgment under Section 768.79 of the Florida Statutes and joint settlement proposals referencing the Florida Rule of Civil Procedure are required as of December 16, 2022.


What are the settlement offers from Florida?

Section 45.061 – Offers of Settlement (1) Any party may serve a written offer to an adverse party at any time after the service of a summons and complaint on a party, but no later than 60 days (or 45 days if it is a counteroffer) before trial. The offer need not be filed with the court.

How does Florida’s PFS operate?

Any party to a lawsuit may file what is known as a “Proposal for Settlement,” or “PFS,” and it may be addressed to some or all of the other parties. The proposal explicitly states the amount the filer is willing to pay to settle all claims and defenses.

In Florida, how long does it take to receive a settlement?

How long does it take in Florida to receive a check for a personal injury settlement? The process of receiving a personal injury settlement check typically takes four to six weeks after signing the settlement agreement. In rare instances, the check arrives in less than four weeks, but other times it takes longer.


Higher courts regularly review settlement offers, which are a controversial component of legal disputes. This case serves as an example of how courts must attempt to strike a balance between the requirements and policy of the offer of judgment/settlement laws and the fundamental concepts of contract law. The case sheds much-needed light on the matter of how indemnity-eligible co-defendants might legitimately submit combined settlement proposals.

Section 768.79(1) provides the following information in pertinent part: “In any civil action for damages brought in the courts of this state, if a defendant files an offer of judgment which is not accepted by the plaintiff… from the date of filing of the offer, if the judgment is one of no liability or the plaintiff’s judgment is at least twenty-five percent less than such offer, the defendant shall be entitled to recover reasonable costs and attorney’s fees incurred by her or him… Should a plaintiff submit a request for judgment that the defendant does not accept? and the plaintiff is awarded a judgment that is at least 25% higher than the offer, she or he will also be entitled to reimbursement for reasonable legal fees from the time the demand was filed.

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