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: Fla. | Date Filed: 2022-08-25T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2020-09-09T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2020-06-10T00:53:00-07:00

Snippet: legislature’s enactment of section 44.405 in 2004, but interpreted section 44.405’s predecessor, section 44.102…legislature enacted section 44.405(4)(a)5. That is, after initially stating in section 44.405(1) that “all mediation… term “Settlement Sum” referred. Section 44.405, Florida Statutes (2018), states, in pertinent …agreement reached during a mediation …. …. § 44.405, Fla. Stat. (2018) (emphasis added). No reported…review of a trial court’s decision under section 44.405(4)(a)5., regarding whether a confidentiality or

MAGGY HURCHALLA v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-18T00:53:00-07:00

Snippet: Sections 44.102(3) and 44.405(1) The trial court relied on sections 44.405(1) and 44.102(3) as the…relied upon section 44.102(3), as well as section 44.405(1), Florida Statutes, in denying the relief sought…Shade Meeting transcript from disclosure. Section 44.405(1) states: “(1) Except as provided in this section…mediation participant or a participant’s counsel.” § 44.405(1), Fla. Stat. (2017) (emphasis added). Section…the meaning of sections 44.403(1), 44.102(3), and 44.405(1). The Trial Court Properly Harmonized Statutory

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

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-30T00:00:00-07:00

Citation: 226 So. 3d 920

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

Anderson v. McDonough

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-08T00:00:00-07:00

Citation: 189 So. 3d 265

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: Fla. Dist. Ct. App. | Date Filed: 2012-06-13T00:00:00-07:00

Citation: 95 So. 3d 262

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

Trytek v. Gale Industries, Inc.

Court: Fla. | Date Filed: 2009-02-26T00:00:00-08:00

Citation: 3 So. 3d 1194

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

Trytek v. Gale Industries, Inc.

Court: Fla. | Date Filed: 2008-12-10T23:53:00-08:00

Citation: 997 So. 2d 365

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

Florida Hosp. Waterman, Inc. v. Buster

Court: Fla. | Date Filed: 2008-03-06T00:00:00-08:00

Citation: 984 So. 2d 478

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

Williams v. Williams

Court: Fla. Dist. Ct. App. | Date Filed: 2006-10-20T00:53:00-07:00

Citation: 939 So. 2d 1154

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: Fla. | Date Filed: 2006-05-11T00:53:00-07:00

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…rule amendments by August 9, 2006. [12] Section 44.405(4)(a), Florida Statutes (2005), provides: Notwithstanding

In re Amendments to the Florida Family Law Rules of Procedure

Court: Fla. | Date Filed: 2005-06-02T00:00:00-07:00

Citation: 905 So. 2d 865

Snippet: violation of a confidentiality provision under section 44.405, Florida Statutes, must be knowing and willful …violates any confidentiality provision under section 44,405, Florida Statutes, the court upon motion shall