Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 686
       
       
       
       
       
       
                                Ì139882KÎ139882                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/16/2021           .                                
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       The Committee on Judiciary (Brandes) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 27 - 104
    4  and insert:
    5         (3) A party may make an offer of judgment that identifies
    6  only the total amount of indemnity or damages and stipulates
    7  that entitlement to attorney fees and costs will be established
    8  at a later time by the parties or the court. An offer of
    9  judgment is not required to specify an amount for attorney fees
   10  and costs.
   11         (4) An offer must:
   12         (a) Be in writing and state that it is being made pursuant
   13  to this section.
   14         (b) Name the party making it and the party to whom it is
   15  being made.
   16         (c) State with particularity the amount offered to settle a
   17  claim for punitive damages, if any.
   18         (d) State its total amount.
   19  
   20  The offer shall be construed as including all damages which may
   21  be awarded in a final judgment unless it is an offer of judgment
   22  that stipulates that entitlement to attorney fees and costs will
   23  be established at a later time by the parties or the court.
   24         (5)(3)An The offer shall be served upon the party to whom
   25  it is made, but it may shall not be filed unless it is accepted
   26  or unless filing is necessary to enforce the provisions of this
   27  section. In an action relating to damages to real property that
   28  is jointly owned by two individuals who are insureds, an offer
   29  of judgment which is served on both insureds may require that
   30  both insureds either accept or reject the offer.
   31         (6)(4) An offer shall be accepted by filing a written
   32  acceptance with the court within 30 days after service. Upon
   33  filing of both the offer and acceptance, the court has full
   34  jurisdiction to enforce the settlement agreement. Within 30 days
   35  after an offer is served, the offeree must notify the offeror of
   36  any grounds for challenging the validity of the offer. The
   37  grounds for challenging the validity of the offer must be in
   38  writing and stated with specificity to enable the offeror to
   39  reevaluate the offer and make corrections, if warranted. If the
   40  offeree fails to timely notify the offeror in writing of the
   41  grounds for challenging the validity of the offer, the offeree
   42  waives the right to object to the validity of the offer.
   43         (8)(6) Upon motion made by the offeror within 30 days after
   44  the entry of judgment or after voluntary or involuntary
   45  dismissal, the court shall determine the following:
   46         (a) If a defendant serves an offer which is not accepted by
   47  the plaintiff, and if the judgment obtained by the plaintiff is
   48  at least 25 percent less than the amount of the offer, the
   49  defendant shall be awarded reasonable costs, including
   50  investigative expenses, and attorney attorney’s fees, calculated
   51  in accordance with the guidelines promulgated by the Supreme
   52  Court, incurred from the date the offer was served, and the
   53  court shall set off such costs in attorney attorney’s fees
   54  against the award. When such costs and attorney attorney’s fees
   55  total more than the amount of the judgment, the court shall
   56  enter judgment for the defendant against the plaintiff for the
   57  amount of the costs and fees, less the amount of the award to
   58  the plaintiff.
   59         (b) If a plaintiff serves an offer which is not accepted by
   60  the defendant, and if the judgment obtained by the plaintiff is
   61  at least 25 percent more than the amount of the offer, the
   62  plaintiff shall be awarded reasonable costs, including
   63  investigative expenses, and attorney attorney’s fees, calculated
   64  in accordance with the guidelines promulgated by the Supreme
   65  Court, incurred from the date the offer was served.
   66  
   67  For purposes of the determination required by paragraph (a), the
   68  term “judgment obtained” means the amount of the net judgment
   69  entered, plus any postoffer collateral source payments received
   70  or due as of the date of the judgment, plus any postoffer
   71  settlement amounts by which the verdict was reduced. For
   72  purposes of the determination required by paragraph (b), the
   73  term “judgment obtained” means the amount of the net judgment
   74  entered, plus any postoffer settlement amounts by which the
   75  verdict was reduced. For purposes of the determination required
   76  by paragraph (a) for an offer of judgment that stipulates that
   77  entitlement to attorney fees and costs will be established at a
   78  later time by the parties or the court, the term “judgment
   79  obtained” means the total amount of damages, if any, but does
   80  not include any amount awarded for attorney fees and costs.
   81  
   82  ================= T I T L E  A M E N D M E N T ================
   83  And the title is amended as follows:
   84         Delete lines 3 - 12
   85  and insert:
   86         768.79, F.S.; authorizing parties to serve offers of
   87         judgment that make certain stipulations relating to
   88         attorney fees and costs; authorizing certain offerings
   89         of judgment relating to jointly owned property to
   90         require both individuals to either accept or reject
   91         the offer; providing requirements relating to grounds
   92         for challenging the validity of offers; defining the
   93         term “judgment obtained” as it relates to certain
   94         offers of