When must a Florida party accept a settlement proposal in writing?

Preserve the actual proposal and prescribed service on the accepting recipient.

Establish the ordinary nonclass branch and whether written withdrawal was delivered before acceptance.

Prepare the written acceptance, required recipients and applicable filing or enforcement records.

1. Preserve the actual proposal and prescribed service on the accepting recipient.
2. Rule 1.090(a) incorporates Rule 2.514(a). Exclude the established event. For seven days or longer, begin with the next day that is not Saturday, Sunday or a legal holiday. Count intermediate calendar days. For fewer than seven days, omit intermediate Saturdays, Sundays and legal holidays. Do not treat a seven-day period as seven business days.
3. Check the observed statutory holidays, actual clerk calendar and chief-justice directions.
4. Complete the required act with the proper court or recipient.

Apply the observed New Year’s Day, Martin Luther King Jr. birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day holidays. Section 110.117 observes Saturday holidays on the preceding Friday and Sunday holidays on the following Monday. Rule 2.514 also includes clerk-observed holidays and days designated by the chief justice or chief judge. An ineligible final day moves in the counting direction. The bundled Florida calendar covers 2026 through 2028. Verify additional closures and chief-justice extensions separately.

Fictitious example

Fictitious facts. A valid outstanding nonclass proposal is actually served on this recipient. Written acceptance must be delivered and no withdrawal applies. The established event occurs August 2, 2027. No withdrawal, further clerk closure or different controlling procedure is assumed. The rule supplies no mail-only five-day addition.

Fictitious facts. Establish the valid outstanding proposal, actual event and applicable acceptance branch separately. No withdrawal, additional clerk holiday or different controlling procedure is assumed. Rule 1.442(f)(1) excludes the mail-only addition.

Acceptance excludes the mail-only additional time

Rule 1.442(f)(1) expressly disapplies Rule 2.514(b). Do not add five days to written acceptance merely because the proposal was served only by mail. Rule 2.514(a) still supplies event exclusion, next eligible first-day counting, intermediate calendar days and final-day closure treatment. Mediation does not extend acceptance.

Withdrawal and written acceptance have their own acts

Rule 1.442(e) permits written withdrawal delivered before written acceptance is delivered. A withdrawn proposal is void. Paragraph (f)(1) requires delivery of written acceptance; oral communications do not constitute acceptance, rejection or a counteroffer under the rule. Preserve the actual documents, recipients and delivery evidence.

An alleged class requires another event

Rule 1.442(f)(2) extends acceptance in a case alleging a class to thirty days after filing the order granting or denying certification. Do not use the ordinary service event to replace that specified order-filing branch.

Written delivery and statutory court filing differ

Rule 1.442(f)(1) uses delivery of a written notice of acceptance. Section 768.79(4) uses filing of written acceptance and addresses enforcement after the offer and acceptance are filed. Rule 1.442(a) supersedes inconsistent procedural provisions. Establish the applicable law and required court records. Do not substitute an oral agreement or assume delivery alone resolves every filing and enforcement question.

A date does not establish a valid proposal

Rule 1.442(c) requires a written proposal identifying the applicable Florida law, each party, the total amount, the prescribed damages scope, punitive amount, fee treatment and service certificate. Nonmonetary terms are excluded except dismissal of all claims with prejudice and other terms permitted by statute. Joint proposals ordinarily allocate each party’s amount and terms. The stated solely vicarious or derivative liability exception requires its actual facts. Section 768.79(6) separately permits a property insurer in a breach-of-contract action to make a joint offer conditioned on mutual acceptance by all joint offerees. Establish that specific statutory branch instead of assuming every joint proposal permits such a condition.

Rejection does not establish fee entitlement

Rule 1.442(g) requires a sanctions motion served under Rule 1.525. Paragraph (h) addresses applicable-law entitlement, good faith and reasonableness. The amount, judgment comparison, applicable statute and actual court decision require separate review. Mediation has no effect on proposal service or acceptance dates under paragraph (j).

• This page does not establish an enforceable settlement, proper allocation, fee entitlement, class approval or an actual permissible proposal-service window.
• Check the applicable Florida law, actual proposal, recipients, delivery, court dates and any withdrawal.

• Preserve the actual proposal and prescribed service on the accepting recipient.
• Establish the ordinary nonclass branch and whether written withdrawal was delivered before acceptance.
• Prepare the written acceptance, required recipients and applicable filing or enforcement records.
• Rule 1.442(f)(1) expressly disapplies Rule 2.514(b). Do not add five days to written acceptance merely because the proposal was served only by mail. Rule 2.514(a) still supplies event exclusion, next eligible first-day counting, intermediate calendar days and final-day closure treatment. Mediation does not extend acceptance.
• Rule 1.442(e) permits written withdrawal delivered before written acceptance is delivered. A withdrawn proposal is void. Paragraph (f)(1) requires delivery of written acceptance; oral communications do not constitute acceptance, rejection or a counteroffer under the rule. Preserve the actual documents, recipients and delivery evidence.
• Rule 1.442(f)(2) extends acceptance in a case alleging a class to thirty days after filing the order granting or denying certification. Do not use the ordinary service event to replace that specified order-filing branch.
• Rule 1.442(f)(1) uses delivery of a written notice of acceptance. Section 768.79(4) uses filing of written acceptance and addresses enforcement after the offer and acceptance are filed. Rule 1.442(a) supersedes inconsistent procedural provisions. Establish the applicable law and required court records. Do not substitute an oral agreement or assume delivery alone resolves every filing and enforcement question.
• Rule 1.442(c) requires a written proposal identifying the applicable Florida law, each party, the total amount, the prescribed damages scope, punitive amount, fee treatment and service certificate. Nonmonetary terms are excluded except dismissal of all claims with prejudice and other terms permitted by statute. Joint proposals ordinarily allocate each party’s amount and terms. The stated solely vicarious or derivative liability exception requires its actual facts. Section 768.79(6) separately permits a property insurer in a breach-of-contract action to make a joint offer conditioned on mutual acceptance by all joint offerees. Establish that specific statutory branch instead of assuming every joint proposal permits such a condition.
• Rule 1.442(g) requires a sanctions motion served under Rule 1.525. Paragraph (h) addresses applicable-law entitlement, good faith and reasonableness. The amount, judgment comparison, applicable statute and actual court decision require separate review. Mediation has no effect on proposal service or acceptance dates under paragraph (j).
• Deliver the written notice of acceptance within the applicable period and preserve actual delivery evidence. Read the applicable Florida law and its required court records. Section 768.79(4) separately uses acceptance-filing language and addresses enforcement after filing the offer and acceptance. Rule 1.442(a) addresses inconsistent procedural provisions. A calculated date proves neither delivery, successful filing nor an enforceable settlement.