Senate Bill 0750

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                   SB 750

    By Senator Grant





    13-314-00

  1                      A bill to be entitled

  2         An act relating to offers of judgment; amending

  3         s. 768.79, F.S., providing for the

  4         applicability of offers of judgment and demands

  5         for judgment in cases involving multiple

  6         plaintiffs and defendants; providing that

  7         subsequent offers void previous offers;

  8         providing that prior to awarding costs and fees

  9         the court must determine whether the offer was

10         reasonable; providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Subsections (3), (5), and (7) of section

15  768.79, Florida Statutes, are amended to read:

16         768.79  Offer of judgment and demand for judgment.--

17         (3)  The offer shall be served upon the party to whom

18  it is made, but it shall not be filed unless it is accepted or

19  unless filing is necessary to enforce the provisions of this

20  section. In any case involving multiple party plaintiffs or

21  multiple party defendants, an offer must specify its

22  applicability to each party and may specify any conditions

23  thereof. Each individual party may accept or reject the offer

24  as the offer applies to such party.

25         (5)  An offer may be withdrawn in writing which is

26  served before the date a written acceptance is filed.  Once

27  withdrawn, an offer is void. A subsequent offer to a party

28  voids any previous offer to that party.

29         (7)(a)  Before awarding costs and fees under this

30  section, the court must determine whether the offer was

31  reasonable under the circumstances known at the time the offer

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 750
    13-314-00




  1  was made. If a party is entitled to costs and fees pursuant to

  2  the provisions of this section, the court may, in its

  3  discretion, determine that an offer was not made in good

  4  faith.  In such case, the court may disallow an award of costs

  5  and attorney's fees.

  6         (b)  When determining the reasonableness of an award of

  7  attorney's fees pursuant to this section, the court shall

  8  consider, along with all other relevant criteria, the

  9  following additional factors:

10         1.  The then apparent merit or lack of merit in the

11  claim.

12         2.  The number and nature of offers made by the

13  parties.

14         3.  The closeness of questions of fact and law at

15  issue.

16         4.  Whether the person making the offer had

17  unreasonably refused to furnish information necessary to

18  evaluate the reasonableness of such offer.

19         5.  Whether the suit was in the nature of a test case

20  presenting questions of far-reaching importance affecting

21  nonparties.

22         6.  The amount of the additional delay cost and expense

23  that the person making the offer reasonably would be expected

24  to incur if the litigation should be prolonged.

25         Section 2.  This act shall take effect October 1, 2000.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 750
    13-314-00




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  2                          SENATE SUMMARY

  3    Provides that in any case involving multiple party
      plaintiffs or multiple party defendants, an offer of
  4    judgment must specify its applicability to each party and
      may specify any conditions thereof. Each individual party
  5    may accept or reject the offer as the offer applies to
      such party. Provides that a subsequent offer to a party
  6    voids any previous offer to that party. Requires the
      court, before awarding costs and attorney's fees, to
  7    determine whether the offer was reasonable under the
      circumstances known at the time the offer was made.
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