| 1 | A bill to be entitled |
| 2 | An act relating to offers of settlement; amending s. |
| 3 | 768.79, F.S.; providing for offers of settlement when an |
| 4 | alleged actively negligent defendant and a defendant |
| 5 | alleged to be vicariously, constructively, derivatively, |
| 6 | or technically liable for the actively negligent defendant |
| 7 | are sued in the same case; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
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| 11 | Section 1. Paragraph (b) of subsection (2) of section |
| 12 | 768.79, Florida Statutes, is amended to read: |
| 13 | 768.79 Offer of judgment and demand for judgment.-- |
| 14 | (2) The making of an offer of settlement which is not |
| 15 | accepted does not preclude the making of a subsequent offer. An |
| 16 | offer must: |
| 17 | (b) Name the party making it and the party to whom it is |
| 18 | being made. Where an alleged actively negligent defendant and a |
| 19 | defendant alleged to be vicariously, constructively, |
| 20 | derivatively, or technically liable for the alleged actively |
| 21 | negligent defendant are sued in the same case: |
| 22 | 1. There shall be no separate offers made to such |
| 23 | defendants, and the plaintiff shall serve one offer of |
| 24 | settlement to such defendants with a single sum applicable to |
| 25 | both. This single sum shall be considered the total amount for |
| 26 | purposes of paragraph (d). |
| 27 | 2. An offer of settlement made by such defendants may be |
| 28 | for a single sum offered jointly by such defendants. This single |
| 29 | sum shall be considered the total amount for purposes of |
| 30 | paragraph (d). |
| 31 |
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| 32 | The offer shall be construed as including all damages which may |
| 33 | be awarded in a final judgment. |
| 34 | Section 2. This act shall take effect July 1, 2007. |