Fla. R. Civ. P. 1.442

(a) Applicability. This rule applies to all proposals for

settlement authorized by Florida law, regardless of the terms used

to refer to such offers, demands, or proposals, and supersedes all

other provisions of the rules and statutes that may be inconsistent

with this rule.

(b) Service of Proposal. A proposal to a defendant may be

served no earlier than 90 days after service of process on that

defendant; a proposal to a plaintiff may be served no earlier than 90

days after the action has been commenced. No proposal may be

served later than 45 days before the date set for trial or the first day

of the docket on which the case is set for trial, whichever is earlier.

(c) Form and Content of Proposal for Settlement.

(1) A proposal must be in writing and must identify the

applicable Florida law under which it is being made.

(2) A proposal must:

(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 (c)(2)(F);

(C) 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;

(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’ fees 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) A proposal may be made by or to any party or

parties and by or to any combination of parties properly identified

in the proposal. A joint proposal must state the amount and terms

attributable to each party.

(4) Notwithstanding subdivision (c)(3), when a party is

alleged to be solely vicariously, constructively, derivatively, or

technically liable, whether by operation of law or by contract, a joint

proposal made by or served on such a party need not state the

apportionment or contribution as to that party. Acceptance by any

party is without prejudice to rights of contribution or indemnity.

(d) Service and Filing. A proposal must be served on the

party or parties to whom it is made but must not be filed unless

necessary to enforce the provisions of this rule.

(e) Withdrawal. A proposal may be withdrawn in writing

provided the written withdrawal is delivered before a written

acceptance is delivered. Once withdrawn, a proposal is void.

(f) Acceptance and Rejection.

(1) A proposal is deemed rejected unless accepted by

delivery of a written notice of acceptance within 30 days after

service of the proposal. The provisions of Florida Rule of General

Practice and Judicial Administration 2.514(b) do not apply to this

subdivision. Oral communications will not be considered an

acceptance, rejection, or counteroffer under the provisions of this

rule.

(2) In any case in which the existence of a class is

alleged, the time for acceptance of a proposal for settlement is

extended to 30 days after the date the order granting or denying

certification is filed.

(g) Sanctions. Any party seeking sanctions under applicable

Florida law, based on the failure of the proposal’s recipient to

accept a proposal, must do so by serving a motion in accordance

with rule 1.525.

(h) Costs and Fees.

(1) If a party is entitled to costs and fees under

applicable Florida law, the court may, in its discretion, determine

that a proposal was not made in good faith. In such case, the court

may disallow an award of costs and attorneys’ fees.

(2) When determining the reasonableness of the

amount of an award of attorneys’ fees under this subdivision, the

court must consider, along with all other relevant criteria, the

following factors:

(A) the then-apparent merit or lack of merit in the

claim;

(B) the number and nature of proposals made by

the parties;

(C) the closeness of questions of fact and law at

issue;

(D) whether the party making the proposal had

unreasonably refused to furnish information necessary to evaluate

the reasonableness of the proposal;

(E) whether the suit was in the nature of a test

case presenting questions of far-reaching importance affecting

nonparties; and

(F) the amount of the additional delay cost and

expense that the party making the proposal reasonably would be

expected to incur if the litigation were to be prolonged.

(i) Evidence of Proposal. Evidence of a proposal or

acceptance of a proposal is admissible only in proceedings to

enforce an accepted proposal or to determine the imposition of

sanctions.

(j) Effect of Mediation. Mediation has no effect on the

dates during which parties are permitted to make or accept a

proposal for settlement under the terms of the rule.