Florida Statutes
Fla. Stat. § 44.406 (2025)
Confidentiality; civil remedies.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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44.406 Confidentiality; civil remedies.—
(1) Any mediation participant who knowingly and willfully discloses a mediation communication in violation of s. 44.405 shall, upon application by any party to a court of competent jurisdiction, be subject to remedies, including:
(a) Equitable relief.
(b) Compensatory damages.
(c) Attorney’s fees, mediator’s fees, and costs incurred in the mediation proceeding.
(d) Reasonable attorney’s fees and costs incurred in the application for remedies under this section.
(2) Notwithstanding any other law, an application for relief filed under this section may not be commenced later than 2 years after the date on which the party had a reasonable opportunity to discover the breach of confidentiality, but in no case more than 4 years after the date of the breach.
(3) A mediation participant shall not be subject to a civil action under this section for lawful compliance with the provisions of s. 119.07.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 2005–2022 · leading case: Rodriguez v. Marble Care Int'l, Inc., 863 F. Supp. 2d 1168 (S.D. Fla. 2012).
Rodriguez v. Marble Care Int'l, Inc., 863 F. Supp. 2d 1168 (S.D. Fla. 2012). “Florida Statute § 44.406 provides remedies for a mediation participant who knowingly and willfully discloses a mediation communication in violation of § 44.”
In re Amendments to the Florida Fam. Law Rules of Procedure, 905 So. 2d 865 (Fla. 2005). “741, Mediation Rules, to recognize the family court’s authority under section 44.406, Florida Statutes, to order sanctions for violations of mediation confidentiality provisions.”
Rayonier Performance Fibers, LLC v. Amerisure Ins. Co. (M.D. Fla. 2021). “Further, in § 44.406, there is no requirement that the Court select any of the listed sanctions, or any sanction at all for that matter.”
Mintz Truppman, P.A., etc. v. Cozen O'Connor, PLC (Fla. 2022). “Cozen argued that Mintz was not a “party” to the Query- Lexington mediation, so it did not have access to the remedies that section 44.406 offers “part[ies]” for breaches of mediation confidentiality.”
Bahrakis v. Zimmerman (M.D. Fla. 2020). “Fla. Stat. § 44.406 (1). Inclusion of mediation statements in public court filings is a violation of the Mediation Act.”
Bahrakis v. Zimmerman (M.D. Fla. 2020). “§ 44.406 (1). Inclusion of mediation statements in public court filings is a violation of the Mediation Act.”
— 44.406(1) — 3 cases
Mintz Truppman, P.A., etc. v. Cozen O'Connor, PLC (Fla. 2022). “Cozen argued that Mintz was not a “party” to the Query- Lexington mediation, so it did not have access to the remedies that section 44.406 offers “part[ies]” for breaches of mediation confidentiality.”
Bahrakis v. Zimmerman (M.D. Fla. 2020). “Fla. Stat. § 44.406 (1). Inclusion of mediation statements in public court filings is a violation of the Mediation Act.”
Rayonier Performance Fibers, LLC v. Amerisure Ins. Co. (M.D. Fla. 2021). “Further, in § 44.406, there is no requirement that the Court select any of the listed sanctions, or any sanction at all for that matter.”
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