Florida Statute 44.405 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 44
MEDIATION ALTERNATIVES TO JUDICIAL ACTION

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F.S. 44.405

44.405 Confidentiality; privilege; exceptions.—

(1) Except as provided in this section, all mediation communications shall be confidential. A mediation participant shall not disclose a mediation communication to a person other than another mediation participant or a participant’s counsel. A violation of this section may be remedied as provided by s. 44.406. If the mediation is court ordered, a violation of this section may also subject the mediation participant to sanctions by the court, including, but not limited to, costs, attorney’s fees, and mediator’s fees.

(2) A mediation party has a privilege to refuse to testify and to prevent any other person from testifying in a subsequent proceeding regarding mediation communications.

(3) If, in a mediation involving more than two parties, a party gives written notice to the other parties that the party is terminating its participation in the mediation, the party giving notice shall have a privilege to refuse to testify and to prevent any other person from testifying in a subsequent proceeding regarding only those mediation communications that occurred prior to the delivery of the written notice of termination of mediation to the other parties.

(4)(a) Notwithstanding subsections (1) and (2), there is no confidentiality or privilege attached to a signed written agreement reached during a mediation, unless the parties agree otherwise, or for any mediation communication:

1. For which the confidentiality or privilege against disclosure has been waived by all parties;

2. That is willfully used to plan a crime, commit or attempt to commit a crime, conceal ongoing criminal activity, or threaten violence;

3. That requires a mandatory report pursuant to chapter 39 or chapter 415 solely for the purpose of making the mandatory report to the entity requiring the report;

4. Offered to report, prove, or disprove professional malpractice occurring during the mediation, solely for the purpose of the professional malpractice proceeding;

5. Offered for the limited purpose of establishing or refuting legally recognized grounds for voiding or reforming a settlement agreement reached during a mediation; or

6. Offered to report, prove, or disprove professional misconduct occurring during the mediation, solely for the internal use of the body conducting the investigation of the conduct.

(b) A mediation communication disclosed under any provision of subparagraph (a)3., subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6. remains confidential and is not discoverable or admissible for any other purpose, unless otherwise permitted by this section.

(5) Information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery by reason of its disclosure or use in mediation.

(6) A party that discloses or makes a representation about a privileged mediation communication waives that privilege, but only to the extent necessary for the other party to respond to the disclosure or representation.

History.—s. 4, ch. 2004-291.

F.S. 44.405 on Google Scholar

F.S. 44.405 on Casetext

Amendments to 44.405

Arrestable Offenses / Crimes under Fla. Stat. 44.405

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 44.405.

Annotations, Discussions, Cases:

Cases Citing Statute 44.405

Total Results: 13

Mintz Truppman, P.A., etc. v. Cozen O'Connor, PLC

Court: Supreme Court of Florida | Date Filed: 2022-08-25

Snippet: discloses a mediation communication in violation of s. 44.405 shall, upon application by any party to a court

PATRICIA GUY MOULTROP v. GEICO GENERAL INSURANCE COMPANY

Court: District Court of Appeal of Florida | Date Filed: 2020-09-09

Snippet: privileged mediation communication pursuant to section 44.405, Florida Statutes (2019). The statute provides

BRICKELL FINANCIAL SERVICES - MOTOR CLUB, INC. d/b/a ROAD AMERICA MOTOR CLUB and ROAD AMERICA MOTOR CLUB, INC. v. ROAD TRANSPORTATION, LLC d/b/a RoadsideMasters.com

Court: District Court of Appeal of Florida | Date Filed: 2020-06-10

Snippet: term “Settlement Sum” referred. Section 44.405, Florida Statutes (2018), states, in pertinent

MAGGY HURCHALLA v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT

Court: District Court of Appeal of Florida | Date Filed: 2019-09-18

Snippet: relied upon section 44.102(3), as well as section 44.405(1), Florida Statutes, in denying the relief sought

WELLS FARGO BANK, N.A. v. LARRY M. RICHARDS

Court: District Court of Appeal of Florida | Date Filed: 2017-08-30

Citation: 226 So. 3d 920, 2017 Fla. App. LEXIS 12465, 2017 WL 3727048

Snippet: proceeding regarding mediation communications." § 44.405(2), Fla. Stat. (2016). The attorneys bringing this

Anderson v. McDonough

Court: District Court of Appeal of Florida | Date Filed: 2016-04-08

Citation: 189 So. 3d 265, 2016 WL 1386091, 2016 Fla. App. LEXIS 5393

Snippet: communications that occur during mediation. See § 44.405(1), Fla. Stat. (2012). As Anderson argues, the

Sun Harbor Homeowners' Ass'n v. Bonura

Court: District Court of Appeal of Florida | Date Filed: 2012-06-13

Citation: 95 So. 3d 262, 2012 WL 2120923, 2012 Fla. App. LEXIS 9572

Snippet: took place during mediation into evidence. See § 44.405(1), Fla. Stat. (2009) (“[A]ll mediation communications

Trytek v. Gale Industries, Inc.

Court: Supreme Court of Florida | Date Filed: 2009-02-26

Citation: 3 So. 3d 1194, 34 Fla. L. Weekly Supp. 247, 2009 Fla. LEXIS 257, 2009 WL 465808

Snippet: confidential either by agreement or statute. See, e.g., § 44.405(1), Fla. Stat. (2008) ("Except as provided in this

Trytek v. Gale Industries, Inc.

Court: Supreme Court of Florida | Date Filed: 2008-12-11

Citation: 997 So. 2d 365, 33 Fla. L. Weekly Supp. 945, 2008 Fla. LEXIS 2379, 2008 WL 5170586

Snippet: confidential either by agreement or statute. See, e.g., § 44.405(1), Fla. Stat. (2008) ("Except as provided in this

Florida Hosp. Waterman, Inc. v. Buster

Court: Supreme Court of Florida | Date Filed: 2008-03-06

Citation: 984 So. 2d 478, 2008 WL 596700

Snippet: (creating section 90.509). [13] See, e.g., § 44.405, Fla. Stat. (2006) (providing a privilege for all

Williams v. Williams

Court: District Court of Appeal of Florida | Date Filed: 2006-10-20

Citation: 939 So. 2d 1154, 2006 WL 2987113

Snippet: confidentiality as to the mediation communications. See § 44.405, Fla. Stat. (2005). [3] The Husband waived the

In Re Petition of Dispute Resolution Rules

Court: Supreme Court of Florida | Date Filed: 2006-05-11

Citation: 931 So. 2d 877

Snippet: (2005). See ch. 2004-291, § 4, Laws of Fla. Section 44.405(4)(a) of the Act enumerates exceptions to the confidentiality

In re Amendments to the Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2005-06-02

Citation: 905 So. 2d 865, 30 Fla. L. Weekly Supp. 408, 2005 Fla. LEXIS 1216, 2005 WL 1298100

Snippet: violation of a confidentiality provision under section 44.405, Florida Statutes, must be knowing and willful