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Florida Supreme Court amends Florida Rules of Civil Procedure to prohibit nonmonetary terms in proposals for settlement

On May 26, 1960, the Florida Supreme Court approved an amendment to Fla. R. Civ. P. 1.442, which addressed proposals for settlement. Effective July 1, 2022, subdivisions (c)(2)(C) and (c)(2)(D) of rule 1.442 are amended to prohibit nonmonetary terms from a proposal for settlement, with the exceptions of a voluntary dismissal of all claims with prejudice and any other nonmonetary terms permitted by statute. The amendment aligns rule 1.442 with Fla. Stat. § 768.79, which does not provide for the inclusion of nonmonetary terms in a proposal for settlement. Regarding nonmonetary terms “permitted by statute,” the Florida Supreme Court noted that Fla. Stat. § 70.001(4)(c) contains a list of nonmonetary terms that governmental entities are permitted to include in proposals for settlement when government action inordinately burdens private property rights, such as “[t]he transfer of development rights” and “[l]and swaps or exchanges.”

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