Senate Bill sb1726

    Florida Senate - 2007                                  SB 1726

    By Senator Baker





    20-1033-07

  1                      A bill to be entitled

  2         An act relating to offers of settlement in

  3         civil actions; amending s. 768.79, F.S.;

  4         providing that separate offers of settlement

  5         may not be made to an allegedly negligent

  6         defendant and a defendant alleged to be

  7         vicariously liable for the negligent defendant

  8         if both defendants are sued in the same case;

  9         requiring plaintiffs who make offers of

10         settlement to serve one offer of settlement on

11         both such defendants having a single sum

12         applicable to both defendants; authorizing such

13         defendants to make an offer of settlement for a

14         single sum offered jointly by the defendants;

15         providing an effective date.

16  

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

18  

19         Section 1.  Subsection (2) of section 768.79, Florida

20  Statutes, is amended to read:

21         768.79  Offer of judgment and demand for judgment.--

22         (2)  The making of an offer of settlement which is not

23  accepted does not preclude the making of a subsequent offer.

24  An offer must:

25         (a)  Be in writing and state that it is being made

26  pursuant to this section.

27         (b)  Name the party making it and the party to whom it

28  is being made. If an alleged actively negligent defendant and

29  a defendant alleged to be vicariously, constructively,

30  derivatively, or technically liable for the actively negligent

31  defendant are sued in the same case:

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






    Florida Senate - 2007                                  SB 1726
    20-1033-07




 1  

 2  The offer shall be construed as including all damages which

 3  may be awarded in a final judgment.

 4         1.  A separate offer may not be made to each such

 5  defendant, but the plaintiff shall serve one offer of

 6  settlement to such defendants having a single sum that is

 7  applicable to both defendants. The single sum shall be

 8  considered the total amount as specified in subsection (d).

 9         2.  An offer of settlement made by such defendants may

10  be for a single sum that is offered jointly by such

11  defendants. This single sum shall be considered the total

12  amount as specified in subsection (d).

13         (c)  State with particularity the amount offered to

14  settle a claim for punitive damages, if any.

15         (d)  State its total amount.

16  

17  The offer shall be construed as including all damages which

18  may be awarded in a final judgment.

19         Section 2.  This act shall take effect July 1, 2007.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Provides that separate offers of settlement may not be
      made to an allegedly negligent defendant and a defendant
24    alleged to be vicariously liable for the negligent
      defendant when both defendants are sued in the same case.
25    Requires plaintiffs who make offers of settlement to
      serve one offer of settlement on both such defendants
26    having a single sum applicable to both defendants. Allows
      such defendants to make an offer of settlement for a
27    single sum offered jointly by the defendants.

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29  

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31  

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