Florida Supreme Court Amends PFS Rule To Preclude Non-Monetary Conditions Other Than A Dismissal

Posted in Legal Alerts on May 26, 2022

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.:


(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]