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Florida Statute 44.406 - Full Text and Legal Analysis
Florida Statute 44.406 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 44.406 Case Law from Google Scholar Google Search for Amendments to 44.406

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 44
MEDIATION ALTERNATIVES TO JUDICIAL ACTION
View Entire Chapter
F.S. 44.406
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.
History.—s. 4, ch. 2004-291.

F.S. 44.406 on Google Scholar

F.S. 44.406 on CourtListener

Amendments to 44.406


Annotations, Discussions, Cases:

Cases Citing Statute 44.406

Total Results: 3

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

Supreme Court of Florida | Filed: Aug 25, 2022 | Docket: 64921096

Published

remedies that section 44.406 offers “part[ies]” for breaches of mediation confidentiality. § 44.406(1), Fla

Rodriguez v. Marble Care Int'l, Inc.

863 F. Supp. 2d 1168, 2012 U.S. Dist. LEXIS 160053, 2012 WL 1949360

District Court, S.D. Florida | Filed: Mar 5, 2012 | Docket: 65981549

Published

mediator’s fees.” (emphasis added). Florida Statute § 44.406 provides remedies for a mediation participant

In re Amendments to the Florida Family Law Rules of Procedure

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

Supreme Court of Florida | Filed: Jun 2, 2005 | Docket: 64839429

Published

recognize the family court’s authority under section 44.406, Florida Statutes, to order sanctions for violations