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Florida Statute 44.406 | Lawyer Caselaw & Research
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The 2024 Florida Statutes (including 2025 Special Session C)

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 Casetext

Amendments to 44.406


Arrestable Offenses / Crimes under Fla. Stat. 44.406
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 44.406.



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