Florida’s Offer of Judgments and Demand for Judgments

Florida Statute § 768.79 states that in any civil action for damages a defendant may file an offer of judgment. If the plaintiff accepts, the parties have most likely reached their resolution. If the plaintiff does not accept within 30 days of the offer, the defendant shall be entitled to recover reasonable costs and fees if the judgment is one of no liability or the judgment is at least 25% less than the offer. The recent Supreme Court of Florida decision in S.E. Floating Docks, Inc. v. Auto-Owners Ins. Co., 82 So.3d 73 (Fla. 2012) held that this statute is substantive in nature both for constitutional and conflict of law purposes.