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25 (5) An offer may be withdrawn in writing which is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27 withdrawn, an offer is void.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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