Florida Statutes
Fla. Stat. § 45.061 (2025)
Offers of settlement.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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45.061 Offers of settlement.—
(1) At any time more than 60 days after the service of a summons and complaint on a party but not less than 60 days (or 45 days if it is a counteroffer) before trial, any party may serve upon an adverse party a written offer, which offer shall not be filed with the court and shall be denominated as an offer under this section, to settle a claim for the money, property, or relief specified in the offer and to enter into a stipulation dismissing the claim or to allow judgment to be entered accordingly. The offer shall remain open for 45 days unless withdrawn sooner by a writing served on the offeree prior to acceptance by the offeree. An offer that is neither withdrawn nor accepted within 45 days shall be deemed rejected. The fact that an offer is made but not accepted does not preclude the making of a subsequent offer. Evidence of an offer is not admissible except in proceedings to enforce a settlement or to determine sanctions under this section.
(2) If, upon a motion by the offeror within 30 days after the entry of judgment, the court determines that an offer was rejected unreasonably, resulting in unnecessary delay and needless increase in the cost of litigation, it may impose an appropriate sanction upon the offeree. In making this determination the court shall consider all of the relevant circumstances at the time of the rejection, including:
(a) Whether, upon specific request by the offeree, the offeror had unreasonably refused to furnish information which was necessary to evaluate the reasonableness of the offer.
(b) Whether the suit was in the nature of a “test case,” presenting questions of far-reaching importance affecting nonparties.
An offer shall be presumed to have been unreasonably rejected by a defendant if the judgment entered is at least 25 percent greater than the offer rejected, and an offer shall be presumed to have been unreasonably rejected by a plaintiff if the judgment entered is at least 25 percent less than the offer rejected. For the purposes of this section, the amount of the judgment shall be the total amount of money damages awarded plus the amount of costs and expenses reasonably incurred by the plaintiff or counter-plaintiff prior to the making of the offer for which recovery is provided by operation of other provisions of Florida law.
(3) In determining the amount of any sanction to be imposed under this section, the court shall award:
(a) The amount of the parties’ costs and expenses, including reasonable attorneys’ fees, investigative expenses, expert witness fees, and other expenses which relate to the preparation for trial, incurred after the making of the offer of settlement; and
(b) The statutory rate of interest that could have been earned at the prevailing statutory rate on the amount that a claimant offered to accept to the extent that the interest is not otherwise included in the judgment.
The amount of any sanction imposed under this section against a plaintiff shall be set off against any award to the plaintiff, and if such sanction is in an amount in excess of the award to the plaintiff, judgment shall be entered in favor of the defendant and against the plaintiff in the amount of the excess.
(4) This section shall not apply to any class action or shareholder derivative suit or to matters relating to dissolution of marriage, alimony, nonsupport, eminent domain, or child custody.
(5) Sanctions authorized under this section may be imposed notwithstanding any limitation on recovery of costs or expenses which may be provided by contract or in other provisions of Florida law. This section shall not be construed to waive the limits of sovereign immunity set forth in s. 768.28.
(6) This section does not apply to causes of action that accrue after the effective date of this act.
Notes of Decisions
Cited in 102
cases (3 in the last 5 years), 1987–2025 · leading case: Sarkis v. Allstate Ins. Co., 863 So. 2d 210 (Fla. 2003).
Sarkis v. Allstate Ins. Co., 863 So. 2d 210 (Fla. 2003). “79, and in 1987, the Legislature enacted section 45.061, Florida Statutes (1987). [6] In 1988, we requested the Civil Procedure Rules Committee to examine any conflict between sections 45.”
Timmons v. Combs, 608 So. 2d 1 (Fla. 1992). “061 where no judgment was rendered in favor of the plaintiff.”
TGI Friday's, Inc. v. Dvorak, 663 So. 2d 606 (Fla. 1995). “Section 45.061 reads as follows: (1) At any time more than 60 days after the service of a summons and complaint on a party but not less than 60 days (or 45 days if it is a counteroffer) before trial, any party may serve upon an adverse party a written offer, which offer shall…”
White v. Steak & Ale of Florida, Inc., 816 So. 2d 546 (Fla. 2002). “For example, Section 45.061, Florida Statutes (1997), which applies to causes of action accruing on or before October 1, 1990, and Section 627.”
Leapai v. Milton, 595 So. 2d 12 (Fla. 1992). “5th DCA 1990), in which that court held section 45.061, Florida Statutes (1987), concerning offers of settlement and providing for attorney fees, unconstitutional because it infringes on the exclusive rule-making authority of the Supreme Court of Florida.”
Milton v. Leapai, 562 So. 2d 804 (Fla. 5th DCA 1990). “James Milton, individually and on behalf of State Farm Mutual Automobile Insurance Company, appeals a final judgment finding no liability on the part of Denise Leapai for an automobile accident and awarding her attorney's fees pursuant to section 45.061, Florida Statutes (1987).…”
Gross v. Albertson's, Inc., 591 So. 2d 311 (Fla. 4th DCA 1991). “This is an appeal from a final judgment awarding attorney's fees to a victorious defendant under section 45.061, Florida Statutes (1989). We affirm.”
Metro. Dade Cnty. v. Jones Boatyard, Inc., 611 So. 2d 512 (Fla. 1993). “79 should be applied and interpreted in the same manner as offers of settlement under section 45.061, Florida Statutes (1989). Second, Metro Dade argues that if we find section 768.”
Richard DeLisle v. Crane Co., 258 So. 3d 1219 (Fla. 2018). “1992) (holding that section 45.061, Florida Statutes (1987), was not unconstitutional to the extent it did not conflict with Florida Rule of Civil Procedure 1.”
Gulliver Academy, Inc. v. Bodek, 694 So. 2d 675 (Fla. 1997). “NOTES [1] The legislature repealed section 45.061 with respect to causes of actions accruing after October 1, 1990.”
Richardson v. Honda Motor Co., Ltd., 686 F. Supp. 303 (M.D. Fla. 1988). “Accordingly, it is ORDERED that the motion to determine the applicability of Section 45.061, Florida Statutes, is granted, in that this Court finds that § 45.”
Buchanan v. Allstate Ins. Co., 629 So. 2d 991 (Fla. 1st DCA 1993). “1992), wherein the supreme court approved the Second District's interpretation of section 45.061 in A.G. Edwards & Sons, Inc.”
— 45.061(1) — 3 cases
Wright v. Caruana, 640 So. 2d 197 (Fla. 3d DCA 1994).
Robert Sakowitz v. Waterside Townhomes Cmty. Ass'n, Inc. (Fla. 3d DCA 2022).
Olson v. State Farm Mut. Auto. Ins., 32 Fla. Supp. 2d 16 (Fla. Cir. Ct. 1988).
— 45.061(2) — 22 cases
Gulliver Academy, Inc. v. Bodek, 694 So. 2d 675 (Fla. 1997). “NOTES [1] The legislature repealed section 45.061 with respect to causes of actions accruing after October 1, 1990.”
Fisher v. John Carter & Assocs., Inc., 864 So. 2d 493 (Fla. 4th DCA 2004).
Schmidt v. Fortner, 629 So. 2d 1036 (Fla. 4th DCA 1993).
Gray v. Bradbury, 668 So. 2d 296 (Fla. 1st DCA 1996).
Gross v. Albertson's, Inc., 591 So. 2d 311 (Fla. 4th DCA 1991). “This is an appeal from a final judgment awarding attorney's fees to a victorious defendant under section 45.061, Florida Statutes (1989). We affirm.”
— 45.061(2)(b) — 7 cases
White v. Steak & Ale of Florida, Inc., 816 So. 2d 546 (Fla. 2002). “For example, Section 45.061, Florida Statutes (1997), which applies to causes of action accruing on or before October 1, 1990, and Section 627.”
Mem'l Sales, Inc. v. Pike, 579 So. 2d 778 (Fla. 3d DCA 1991).
Perez v. Circuit City Stores, Inc., 721 So. 2d 409 (Fla. 3d DCA 1998).
Lennar Corp. v. Muskat, 595 So. 2d 968 (Fla. 3d DCA 1992).
— 45.061(3) — 2 cases
Lennar Corp. v. Muskat, 595 So. 2d 968 (Fla. 3d DCA 1992).
AG Edwards & Sons, Inc. v. Davis, 559 So. 2d 235 (Fla. 2d DCA 1990).
— 45.061(3)(a) — 5 cases
Liberty Mut. Fire Ins. Co. v. Ramos, 565 So. 2d 798 (Fla. 4th DCA 1990).
Boardman Petro. v. Tropic Tint of Jupiter, 668 So. 2d 308 (Fla. 4th DCA 1996).
Bd. of Cnty. Comm'rs v. Sawyer, 620 So. 2d 757 (Fla. 1993).
Aspen v. Bayless, 552 So. 2d 298 (Fla. 2d DCA 1989).
State Farm Mut. Auto. Ins. Co. v. Malmberg, 623 So. 2d 755 (Fla. 5th DCA 1993).
— 45.061(4) — 3 cases
Hallac v. Hallac, 88 So. 3d 253 (Fla. 4th DCA 2012).
Aue v. Aue, 685 So. 2d 1388 (Fla. 1st DCA 1997).
Nancy Palmer, n/k/a Nancy Walgis v. Danny Palmer, 206 So. 3d 74 (Fla. 1st DCA 2016).
— 45.061(5) — 1 case
Florida Carry, Inc. v. Univ. of Florida, 180 So. 3d 137 (Fla. 1st DCA 2015).
— 45.061(6) — 1 case
State Farm Mut. Auto. Ins. Co. v. Malmberg, 623 So. 2d 755 (Fla. 5th DCA 1993).
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