Florida Statute 45.061 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 45
CIVIL PROCEDURE: GENERAL PROVISIONS

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F.S. 45.061

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 The offer shall remain open for 45 days unless withdrawn sooner by a writing served on the offeree prior to acceptance by the offeree. An offer that is neither withdrawn nor accepted within 45 days shall be deemed rejected.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.

History.—s. 1, ch. 87-249; s. 22, ch. 90-119.

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Amendments to 45.061

Arrestable Offenses / Crimes under Fla. Stat. 45.061

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 45.061.

Annotations, Discussions, Cases:

Cases Citing Statute 45.061

Total Results: 20

ROBERT SAKOWITZ v. WATERSIDE TOWNHOMES COMMUNITY ASSOCIATION, INC.

Court: District Court of Appeal of Florida | Date Filed: 2022-03-09

Snippet: formed a binding contract. Sakowitz cites section 45.061, Florida Statutes, for the proposition that Florida

CCM Condominium Association, Inc., etc. v. Petri Positive Pest Control, Inc., etc.

Court: Supreme Court of Florida | Date Filed: 2021-09-09

Snippet: statute containing a very similar provision. Section 45.061, Florida Statutes (2020), which applies to offers

Richard DeLisle v. Crane Co.

Court: Supreme Court of Florida | Date Filed: 2018-10-15

Citation: 258 So. 3d 1219

Snippet: So.2d 12, 14 (Fla. 1992) (holding that section 45.061, Florida Statutes (1987), was not unconstitutional

Inquiry Concerning a Judge No. 14-488 Re: Kimberly Michele Shepard

Court: Supreme Court of Florida | Date Filed: 2017-05-04

Citation: 217 So. 3d 71, 42 Fla. L. Weekly Supp. 528, 2017 WL 1739233, 2017 Fla. LEXIS 982

Snippet: or an opponent. See Brown v. Hartlage, 456 U.S. 45, 61, 102 S.Ct. 1523, 71 L.Ed.2d 732 (1982) (“The chilling

Nancy Palmer, n/k/a Nancy Walgis v. Danny Palmer

Court: District Court of Appeal of Florida | Date Filed: 2016-08-09

Citation: 206 So. 3d 74, 2016 Fla. App. LEXIS 12056

Snippet: admissibility issue. 2 . Neither section 45.061(4), Florida Statutes, the statute entitled "Offers

Florida Carry, Inc. v. University of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-10-30

Citation: 180 So. 3d 137, 2015 Fla. App. LEXIS 16115, 2015 WL 6567665

Snippet: be subject to the provisions of s. 768.28.’); § 45.061(5), Fla. Stat. (2004) (‘This section shall not

Franks v. Bowers

Court: Supreme Court of Florida | Date Filed: 2013-06-20

Citation: 116 So. 3d 1240, 38 Fla. L. Weekly Supp. 416, 2013 WL 3064807, 2013 Fla. LEXIS 1222

Snippet: under *1245s.768.79 or offer of settlement under s. 45.061. (8) If the defendant refuses a claimant’s offer

Hallac v. Hallac

Court: District Court of Appeal of Florida | Date Filed: 2012-02-29

Citation: 88 So. 3d 253, 2012 Fla. App. LEXIS 3248, 2012 WL 635111

Snippet: ” Id. The court noted that “[i]n fact, section 45.061(4), Florida Statutes, specifically exempts dissolution

Tierra Holdings, Ltd. v. Mercantile Bank

Court: District Court of Appeal of Florida | Date Filed: 2011-05-18

Citation: 78 So. 3d 558, 2011 Fla. App. LEXIS 7152, 2011 WL 1879200

Snippet: major components of section 768.79 and section 45.061.[4]Sarkis, 863 So.2d at 219-20. In 1990, the Legislature

Emg Holdings, Inc. v. Autumn Partnership, LLP

Court: District Court of Appeal of Florida | Date Filed: 2011-04-27

Citation: 61 So. 3d 1185, 2011 Fla. App. LEXIS 6188, 2011 WL 1563959

Snippet: PER CURIAM. Affirmed. See § 45.061(2), Fla. Stat. (2010); In re Jet 1 Ctr. Inc., 335 B.R. 771, 772 (Bankr

Bifulco v. Patient Business & Financial Services, Inc.

Court: Supreme Court of Florida | Date Filed: 2010-06-24

Citation: 39 So. 3d 1255, 30 I.E.R. Cas. (BNA) 1689, 35 Fla. L. Weekly Supp. 368, 2010 Fla. LEXIS 989, 2010 WL 2518200

Snippet: be subject to the provisions of s. 768.28."); § 45.061(5), Fla. Stat. (2004) ("This section shall not

Parham v. FLORIDA HEALTH SCIENCES CENTER, INC.

Court: District Court of Appeal of Florida | Date Filed: 2010-03-31

Citation: 35 So. 3d 920, 2010 Fla. App. LEXIS 4183, 2010 WL 1222925

Snippet: under s. 768.79 or offer of settlement under s. 45.061. (3) If the defendant refuses a claimant's offer

Raphael v. Shecter

Court: District Court of Appeal of Florida | Date Filed: 2009-09-23

Citation: 18 So. 3d 1152, 2009 Fla. App. LEXIS 14084, 2009 WL 3018157

Snippet: under s. 768.79 or offer of settlement under s. 45.061." The statute went on to further state that the

Massey v. David

Court: Supreme Court of Florida | Date Filed: 2008-04-03

Citation: 979 So. 2d 931, 2008 WL 878488

Snippet: Combs, 608 So.2d 1 (Fla.1992), [W]e found sections 45.061, Florida Statutes (1987), and 768.79, Florida Statutes

In Re Amendments to Rules of Civ. Procedure

Court: Supreme Court of Florida | Date Filed: 2007-09-27

Citation: 966 So. 2d 943, 32 Fla. L. Weekly Supp. 606, 2007 Fla. LEXIS 1788, 2007 WL 2790745

Snippet: 1.442 concerning offers of judgment and section 45.061, Florida Statutes (1985), concerning offers of

Hart v. City of Groveland

Court: District Court of Appeal of Florida | Date Filed: 2006-01-27

Citation: 919 So. 2d 665, 2006 WL 192524

Snippet: rules and statutes such as Rule 1.442 and sections 45.061 and 768.79, Florida Statutes, when an insurance

Jones v. Double D Properties, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2005-04-27

Citation: 901 So. 2d 929, 2005 WL 957063

Snippet: Rules of Civil Procedure, and sections 768.79 and 45.061, Florida Statutes. Appellants filed a response

Hall v. Lexington Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 2005-02-16

Citation: 895 So. 2d 1161, 2005 WL 356956

Snippet: counsel, and pursuant to Florida Statutes 768.79, 45.061, and pursuant to Rule 1.442, Florida Rules of Civil

Hammell v. Tad Properties, L.L.C.

Court: District Court of Appeal of Florida | Date Filed: 2004-11-17

Citation: 886 So. 2d 433, 2004 Fla. App. LEXIS 17318, 2004 WL 2600431

Snippet: Florida Rule of Civil Procedure 1.442, and sections 45.061 and 768.79, Florida Statutes. We must reverse because

Wight v. Wight

Court: District Court of Appeal of Florida | Date Filed: 2004-04-28

Citation: 880 So. 2d 692, 2004 WL 895854

Snippet: litigating amount of fees sought pursuant to § 45.061, Fla. Stat. (1987), in an action involving breach