Florida Statute 44.406 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 44
MEDIATION ALTERNATIVES TO JUDICIAL ACTION

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F.S. 44.406

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.

(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

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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.

Annotations, Discussions, Cases:

Cases Citing Statute 44.406

Total Results: 7

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

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

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

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: section may be remedied as provided by s. 44.406. If the mediation is court ordered, a violation

In Re AMENDMENTS TO the FLORIDA RULES FOR CERTIFIED AND COURT-APPOINTED MEDIATORS

Court: Supreme Court of Florida | Date Filed: 2016-10-27

Citation: 202 So. 3d 795, 41 Fla. L. Weekly Supp. 477, 2016 Fla. LEXIS 2362

Snippet: Confidentiality and Privilege Act, sections 44.401-44.406, Florida Statutes, renders the first paragraph

Essex v. Davis

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

Citation: 116 So. 3d 445, 2012 WL 2015419, 2012 Fla. App. LEXIS 9073

Snippet: proceeding. . We recognize that sections 44.401-44.406, Florida Statutes, provide that mediation communications

Amendments to Fl. Rules for Cert. Mediators

Court: Supreme Court of Florida | Date Filed: 2008-10-16

Citation: 993 So. 2d 505, 2008 WL 4587210

Snippet: Confidentiality and Privilege Act, sections 44.401-44.406, Florida Statutes, renders the first paragraph

In Re Petition of Dispute Resolution Rules

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

Citation: 931 So. 2d 877

Snippet: Confidentiality and Privilege Act, sections 44.401-44.406, Florida Statutes (2005). See ch. 2004-291, § 4

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