Chapter 17-5 Offers of Judgment and Proposals for Settlement

17-5 Offers of Judgment and Proposals for Settlement

17-5.1 Offer of Judgment and Demand for Judgment—Fla. Stat. § 768.79

Fla. Stat. § 768.79 is Florida's Offer of Judgment and Demand for Judgment statute, which provides that a party may be entitled to recover attorney's fees in "any civil action for damages" if an offer or demand for judgment is not accepted, and certain other conditions are met.¹²¹ For example, a defendant may file an offer of judgment, and if the offer is not accepted by the plaintiff within 30 days, and the judgment is one of no liability or the judgment obtained by the plaintiff is at least 25 percent less than the offer, the defendant is entitled to recover attorney's fees.¹²² Likewise, a plaintiff may make a demand for judgment, which if not accepted within 30 days, and the plaintiff recovers at least 25 percent more than the offer, he or she is entitled to recover reasonable attorney's fees incurred from the date of the filing of the demand.¹²³ The statute appears to have limited...