Fla. R. Civ. P. 1.285

(a) Assertion of Privilege as to Inadvertently Disclosed

Materials. Any party, person, or entity, after inadvertent disclosure

of any materials pursuant to these rules, may thereafter assert any

privilege recognized by law as to those materials. This right exists

without regard to whether the disclosure was made pursuant to

formal demand or informal request. In order to assert the privilege,

the party, person, or entity, shall, within 10 days of actually

discovering the inadvertent disclosure, serve written notice of the

assertion of privilege on the party to whom the materials were

disclosed. The notice shall specify with particularity the materials

as to which the privilege is asserted, the nature of the privilege

asserted, and the date on which the inadvertent disclosure was

actually discovered.

(b) Duty of the Party Receiving Notice of an Assertion of

Privilege. A party receiving notice of an assertion of privilege under

subdivision (a) shall promptly return, sequester, or destroy the

materials specified in the notice, as well as any copies of the

material. The party receiving the notice shall also promptly notify

any other party, person, or entity to whom it has disclosed the

materials of the fact that the notice has been served and of the

effect of this rule. That party shall also take reasonable steps to

retrieve the materials disclosed. Nothing herein affects any

obligation pursuant to R. Regulating Fla. Bar 4-4.4(b).

(c) Right to Challenge Assertion of Privilege. Any party

receiving a notice made under subdivision (a) has the right to

challenge the assertion of privilege. The grounds for the challenge

may include, but are not limited to, the following:

(1) The materials in question are not privileged.

(2) The disclosing party, person, or entity lacks

standing to assert the privilege.

(3) The disclosing party, person, or entity has failed to

serve timely notice under this rule.

(4) The circumstances surrounding the production or

disclosure of the materials warrant a finding that the disclosing

party, person, or entity has waived its assertion that the material is

protected by a privilege.

Any party seeking to challenge the assertion of privilege shall do so

by serving notice of its challenge on the party, person, or entity

asserting the privilege. Notice of the challenge shall be served within

20 days of service of the original notice given by the disclosing

party, person, or entity. The notice of the recipient’s challenge shall

specify the grounds for the challenge. Failure to serve timely notice

of challenge is a waiver of the right to challenge.

(d) Effect of Determination that Privilege Applies. When

an order is entered determining that materials are privileged or that

the right to challenge the privilege has been waived, the court shall

direct what shall be done with the materials and any copies so as to

preserve all rights of appellate review. The recipient of the materials

shall also give prompt notice of the court’s determination to any

other party, person, or entity to whom it had disclosed the

materials.