Florida Statute 46.015 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 46
PARTIES

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F.S. 46.015

46.015 Release of parties.—

(1) A written covenant not to sue or release of a person who is or may be jointly and severally liable with other persons for a claim shall not release or discharge the liability of any other person who may be liable for the balance of such claim.

(2) At trial, if any person shows the court that the plaintiff, or his or her legal representative, has delivered a written release or covenant not to sue to any person in partial satisfaction of the damages sued for, the court shall set off this amount from the amount of any judgment to which the plaintiff would be otherwise entitled at the time of rendering judgment.

(3) The fact that a written release or covenant not to sue exists or the fact that any person has been dismissed because of such release or covenant not to sue shall not be made known to the jury.

History.—ss. 1, 2, ch. 80-144; s. 265, ch. 95-147; s. 5, ch. 2000-336.

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Amendments to 46.015

Annotations, Discussions, Cases:

Cases Citing Statute 46.015

Total Results: 45

Wells v. Tallahassee Mem. Med. Center

659 So. 2d 249, 1995 WL 355306

Supreme Court of Florida | Filed: Jun 15, 1995 | Docket: 1241146

Cited 102 times | Published

which defendants are only severally liable. Section 46.015 provides, in pertinent part: (1) A written

Blasland, Bouck & Lee, Inc. v. City of North Miami

283 F.3d 1286, 32 Envtl. L. Rep. (Envtl. Law Inst.) 20486, 53 ERC (BNA) 2153, 2002 U.S. App. LEXIS 3328, 2002 WL 331961

Court of Appeals for the Eleventh Circuit | Filed: Mar 1, 2002 | Docket: 212813

Cited 64 times | Published

Blasland sought the setoff under Florida Statutes § 46.015(2), which allows for setoff in non-tort cases

State Farm Fire and Casualty Co. v. Higgins

788 So. 2d 992, 2001 WL 6187

District Court of Appeal of Florida | Filed: Jan 3, 2001 | Docket: 1286759

Cited 26 times | Published

similar form in section 46.015 of the statutes entitled `Release of parties.'" Section 46.015(3), Florida

Dzikowski v. Northern Trust Bank of Florida, N.A. (In Re Prudential of Florida Leasing, Inc.)

478 F.3d 1291, 57 Collier Bankr. Cas. 2d 684, 2007 U.S. App. LEXIS 3263, 47 Bankr. Ct. Dec. (CRR) 212, 2007 WL 445368

Court of Appeals for the Eleventh Circuit | Filed: Feb 13, 2007 | Docket: 226596

Cited 25 times | Published

same damages. See, e.g., Fla. Stat. § 46.015(2). Unlike the courts of other states, Florida

Centex-Rooney Const. Co., Inc. v. Martin County

706 So. 2d 20, 1997 WL 795198

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 1280440

Cited 23 times | Published

architect and masonry construction company. See § 46.015(2), Fla. Stat. (1995)(authorizing set-off of amounts

Gouty v. Schnepel

795 So. 2d 959, 26 Fla. L. Weekly Fed. S 586

Supreme Court of Florida | Filed: Sep 13, 2001 | Docket: 1252464

Cited 17 times | Published

rendering judgment and enter judgment accordingly. Section 46.015, Florida Statutes (2000), provides, in pertinent

Crown Cork & Seal Co., Inc. v. Vroom

480 So. 2d 108, 10 Fla. L. Weekly 2467

District Court of Appeal of Florida | Filed: Nov 1, 1985 | Docket: 1667407

Cited 13 times | Published

proposition is valid in this case. To the contrary, section 46.015(2), Florida Statutes (1983), provides: At trial

Acadia Partners, LP v. Tompkins

759 So. 2d 732, 2000 WL 678808

District Court of Appeal of Florida | Filed: May 26, 2000 | Docket: 1421534

Cited 12 times | Published

final judgment, the trial court determined that section 46.015(2) of the Florida Statutes required that the

Stephen Bodzo Realty, Inc. v. WILLITS INTERN. CORP.

428 So. 2d 225

Supreme Court of Florida | Filed: Jan 27, 1983 | Docket: 1375457

Cited 10 times | Published

for instruments executed after June 23, 1980. § 46.015, Fla. Stat. (Supp. 1980).[2] However, since the

Raben Builders, Inc. v. First American Bank and Trust Co.

561 So. 2d 1229, 1990 WL 58562

District Court of Appeal of Florida | Filed: May 9, 1990 | Docket: 2517709

Cited 9 times | Published

is supported by the law of setoff and that section 46.015(2) Fla. Stat. (1987)[1] provides authority

Ades v. Bank of Montreal

542 So. 2d 1013, 1989 WL 24034

District Court of Appeal of Florida | Filed: Mar 21, 1989 | Docket: 1515826

Cited 7 times | Published

, 236 So.2d 460 (Fla. 1st DCA 1970). See also § 46.015, Fla. Stat. (1987) (release of one guarantor does

Felgenhauer v. Bonds

891 So. 2d 1043, 2004 WL 2008272

District Court of Appeal of Florida | Filed: Sep 10, 2004 | Docket: 1349893

Cited 6 times | Published

court shall not be made known to the jury. Section 46.015 contains almost identical language. Under sections

Cornerstone SMR, Inc. v. Bank of America, N.A.

163 So. 3d 565, 2015 Fla. App. LEXIS 5106, 2015 WL 1545006

District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 2679416

Cited 5 times | Published

Stat. (2012) (emphasis added); accord § 46.015(2), Fla. Stat. (2012) (containing materially identical

St. Martin's Episcopal Church v. PRUDENTIAL-BACHE SECURITIES, INC.

613 So. 2d 108, 1993 Fla. App. LEXIS 597, 1993 WL 13420

District Court of Appeal of Florida | Filed: Jan 27, 1993 | Docket: 128698

Cited 5 times | Published

makes no contention on this appeal that either section 46.015 or 768.041, Florida Statutes (1991), prevent

Nationsbank, Na v. Kpmg Peat Marwick LLP

813 So. 2d 964, 2002 Fla. App. LEXIS 1782, 2002 WL 237760

District Court of Appeal of Florida | Filed: Feb 20, 2002 | Docket: 1402932

Cited 4 times | Published

judgment and enter judgment accordingly."); see also § 46.015(2), Fla. Stat. (2000) ("At trial, if any person

prod.liab.rep.(cch)p 12,820 Timothy Williams and Lori Williams v. Arai Hirotake, Ltd. And Arai Helmet (u.s.a.), Ltd.

931 F.2d 755, 1991 U.S. App. LEXIS 9791, 1991 WL 66358

Court of Appeals for the Eleventh Circuit | Filed: May 16, 1991 | Docket: 1002532

Cited 4 times | Published

of tort-feasors. The first statute, Fla.Stat. § 46.015(1), effective June 23, 1980, governs the release

Stephen Bodzo Rlty., Inc. v. Willits Intern. Corp.

405 So. 2d 269

District Court of Appeal of Florida | Filed: Oct 28, 1981 | Docket: 1703948

Cited 4 times | Published

intention that the rule be changed by enacting Section 46.015, Florida Statutes (1980)) and because we consider

Addison Constr. Corp. v. Leo A. Vecellio, Jr., Kathryn C. Vecellio, Dean Desantis, Laura Desantis, Deerfield Builders Supply Co.

240 So. 3d 757

District Court of Appeal of Florida | Filed: Mar 21, 2018 | Docket: 64675901

Cited 3 times | Published

contain nearly identical language, however, section 46.015 is located in the civil practice and procedure

Gary McCalla and Dianne McCalla v. E. C. Kenyon Construction Company, etc.

183 So. 3d 1192

District Court of Appeal of Florida | Filed: Jan 14, 2016 | Docket: 3028644

Cited 3 times | Published

2003) (footnotes omitted). Pertinent here is section 46.015(2), which provides: At trial, if any person

Schnepel v. Gouty

766 So. 2d 418, 2000 WL 1205447

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 1330106

Cited 3 times | Published

partial satisfaction of the damages sued for. Section 46.015(2), Florida Statutes (1997), provides: At trial

Stoever v. Vedder Homes, Inc.

697 So. 2d 1247, 1997 WL 400339

District Court of Appeal of Florida | Filed: Jul 18, 1997 | Docket: 1766892

Cited 3 times | Published

DAUKSCH and PETERSON, JJ., concur. NOTES [1] Section 46.015(3) provides: The fact that a written release

US Home Acceptance Corp. v. Kelly Park Hills, Inc.

542 So. 2d 463, 14 Fla. L. Weekly 1094, 1989 Fla. App. LEXIS 2373, 1989 WL 43796

District Court of Appeal of Florida | Filed: May 4, 1989 | Docket: 468875

Cited 3 times | Published

all. This common law rule has been abrogated by § 46.015, Florida Statutes (1983)[1] for documents executed

US Home Acceptance Corp. v. Kelly Park Hills, Inc.

542 So. 2d 463, 14 Fla. L. Weekly 1094, 1989 Fla. App. LEXIS 2373, 1989 WL 43796

District Court of Appeal of Florida | Filed: May 4, 1989 | Docket: 468875

Cited 3 times | Published

all. This common law rule has been abrogated by § 46.015, Florida Statutes (1983)[1] for documents executed

Baudo v. BON SECOURS HOSPITAL/VILLA

684 So. 2d 211

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 1740816

Cited 2 times | Published

judgment and enter judgment accordingly. See also § 46.015, Fla. Stat. (1991) (expanding concept to non-tort

Williams v. Arai Hirotake, Ltd.

731 F. Supp. 1557, 1990 U.S. Dist. LEXIS 2591, 1990 WL 26140

District Court, S.D. Florida | Filed: Feb 16, 1990 | Docket: 1743756

Cited 2 times | Published

tortfeasors who are jointly and severally liable, section 46.015(1) of the Florida Statutes provides: A written

Panama City-Bay County Airport & Industrial District v. Kellogg Brown & Root Services, Inc.

140 So. 3d 1112, 2014 WL 2772646, 2014 Fla. App. LEXIS 9238

District Court of Appeal of Florida | Filed: Jun 18, 2014 | Docket: 60241368

Cited 1 times | Published

not to sue shall not be made known to the jury.” § 46.015(3), Fla. Stat. (2012) (emphasis added); see also

TALLAHASSEE MEMORIAL MED. CTR. v. Wells

634 So. 2d 655

District Court of Appeal of Florida | Filed: Mar 14, 1994 | Docket: 474337

Cited 1 times | Published

subtracted, the total becomes $508,467.70. [4] Section 46.015(2), Florida Statutes (1991), reads: (2) At

Zanzi Asset Management, Inc., and Fabio Cragnotti v. 2G Food, Inc.

District Court of Appeal of Florida | Filed: Nov 13, 2024 | Docket: 69369906

Published

settlement involving these co-defendants. See § 46.015, Fla. Stat. (2023); § 768.041, Fla. Stat. (2023);

YSC Florida, LLC v. Jeanne S. Siegel

District Court of Appeal of Florida | Filed: Aug 7, 2024 | Docket: 68490733

Published

received in pretrial settlements, pursuant to section 46.015(2), Florida Statutes). “[W]hen making

Close Construction, LLC v. City of Riviera Beach Utility Special District, C-Solutions, Inc., and Mark Drummond

District Court of Appeal of Florida | Filed: Jun 5, 2024 | Docket: 68451990

Published

precluded Close from claiming a setoff; (2) section 46.015(2), Florida Statutes (2022), did not apply

BUREK, INC., D/B/A PINCH A PENNY A/K/A SOUTH TAMPA POOL & SERVICES, AND JOHN L. BUREK, JR v. THE ESTATE OF GEORGE WILLIAMS GAGE, I I I

District Court of Appeal of Florida | Filed: Sep 29, 2023 | Docket: 67840483

Published

these amounts from the final judgment."). See § 46.015(2), Fla. Stat. (2022) ("At trial, if any

BUREK, INC. D/B/A PINCH A PENNY A/K/A SOUTH TAMPA POOL & SERVICES JOHN L. BUREK, JR. v. THE ESTATE OF GEORGE WILLIAMS GAGE, I I I, BY AND THROUGH SUSAN L. GAGE PERSONAL REPRESENTATIVE

District Court of Appeal of Florida | Filed: Sep 29, 2023 | Docket: 67840484

Published

these amounts from the final judgment."). See § 46.015(2), Fla. Stat. (2022) ("At trial, if any

PHILIP MORRIS USA INC. v. ROBERT A. GORE, SR., Individually and as Personal Representative of the ESTATE OF GLORIA H. GORE

District Court of Appeal of Florida | Filed: Aug 10, 2022 | Docket: 64881548

Published

statutory interpretation determining that neither section 46.015, Fla. Stat. (2020), nor section 768.041, Fla

PHILIP MORRIS USA INC. v. ROBERT A. GORE, SR., Individually and as Personal Representative of the ESTATE OF GLORIA H. GORE

District Court of Appeal of Florida | Filed: Apr 13, 2022 | Docket: 63232488

Published

654 So. 2d 643, 644 (Fla. 4th DCA 1995)). Section 46.015 provides in relevant part: (1) A written

AMERICAN PRIME TITLE SERVICES, LLC v. ZHI WANG

District Court of Appeal of Florida | Filed: Feb 3, 2021 | Docket: 59056698

Published

setoff is statutorily circumscribed. See § 46.015(2), Fla. Stat. (2020); see also §768.041(2),

DEAN DESANTIS and LAURA DESANTIS v. LEO A. VECELLIO, JR.

District Court of Appeal of Florida | Filed: Mar 21, 2018 | Docket: 6340899

Published

contain nearly identical language, however, section 46.015 is located in the civil practice and procedure

Escadote I Corp. v. Ocean Three Limited Partnership

211 So. 3d 1059, 2016 WL 7403660, 2016 Fla. App. LEXIS 18677

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555836

Published

rendering judgment and enter judgment accordingly.” Section 46.015(2), Florida Statutes (2010), includes a nearly-identical

Allen v. State Farm Florida Insurance Company

198 So. 3d 871, 2016 WL 3201304, 2016 Fla. App. LEXIS 8941

District Court of Appeal of Florida | Filed: Jun 10, 2016 | Docket: 3077256

Published

trial court after the verdict. See § 46.015(2), Fla. Stat. (2014). The statute prohibits informing

Youngblood v. Villanueva

141 So. 3d 600, 2014 WL 2117874, 2014 Fla. App. LEXIS 7688

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60241959

Published

award pursuant to sections 46.015 and 768.041. Section 46.015(2) states the following: At trial, if any person

Brook v. Chase Bank (USA), N.A. (In re Acosta-Garriga)

506 B.R. 149

District Court, M.D. Florida | Filed: Jul 1, 2013 | Docket: 65516739

Published

Florida legislature can say so.9 See Fla. Stat. § 46.015 (governing setoff for a covenant not to sue);

PALM SPRINGS GENERAL HOSP., INC. v. Valdes

784 So. 2d 1151, 2001 Fla. App. LEXIS 2489, 2001 WL 219264

District Court of Appeal of Florida | Filed: Mar 7, 2001 | Docket: 1744174

Published

suffered the same damages, i.e., his lost wages. Section 46.015, Florida Statutes, directs that a court set

Baudo v. Bon Secours Hospital/Villa Maria Nursing Center

684 So. 2d 211, 1996 Fla. App. LEXIS 11906, 1996 WL 661740

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 64769525

Published

judgment and enter judgment accordingly. See also § 46.015, Fla. Stat. (1991) (expanding concept to non-tort

Rowe v. Leichter

561 So. 2d 647, 1990 Fla. App. LEXIS 3109, 1990 WL 58555

District Court of Appeal of Florida | Filed: May 9, 1990 | Docket: 64650741

Published

similar form in section 46.015 of the statutes entitled “Release of parties”. Section 46.015(3) provides:

McNair v. Megabank, Inc.

547 So. 2d 207, 14 Fla. L. Weekly 1632, 1989 Fla. App. LEXIS 3726, 1989 WL 73165

District Court of Appeal of Florida | Filed: Jul 5, 1989 | Docket: 64644154

Published

Appellants, while acknowledging the existence of section 46.015, Florida Statutes (1987), and Stephen Bodzo

Gerard v. Department of Transportation

455 So. 2d 500, 9 Fla. L. Weekly 1784, 1984 Fla. App. LEXIS 14749

District Court of Appeal of Florida | Filed: Aug 15, 1984 | Docket: 64606679

Published

be liable for the balance of the claim. See Section 46.015, Florida Statutes (Supp.1980), and Stephen