United States · Florida settlement proposals
When must a Florida party accept a settlement proposal in an alleged class action?
In a case alleging a class, Rule 1.442(f)(2) extends acceptance to thirty days after the order granting or denying certification is filed. The filed order supplies this event, rather than its later service or an earlier hearing. Establish the outstanding proposal and complete written acceptance under the applicable procedure.
- Period
- Thirty calendar days after actual certification-order filing
- Trigger
- Actual filing of the order granting or denying certification in the established outstanding-proposal branch
- Rule
- Florida Rule of Civil Procedure 1.442(f)(2)
Official civil compilation published October 1, 2026 and general practice compilation published July 1, 2026
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Which actual event starts this Florida civil period?
Establish that this case alleges a class and identify the actual outstanding proposal served before the order.
Preserve the actual filed order granting or denying certification and its filing timestamp.
Check withdrawal, written acceptance, applicable court records and any separate class-approval procedure.
Florida Rule of Civil Procedure 1.442(f)(2)How does Florida count this civil period?
- Establish that this case alleges a class and identify the actual outstanding proposal served before the order.
- 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.
- Check the observed statutory holidays, actual clerk calendar and chief-justice directions.
- 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.
Florida Rule of General Practice and Judicial Administration 2.514(a)What do the independently derived facts show?
Fictitious example
Fictitious facts. The valid identified proposal was served before the actual filed certification order and remains outstanding. The case alleges a class and the extension 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.
| Step | What is counted | Date |
|---|---|---|
| Established event | Actual filing of the order granting or denying certification in the established outstanding-proposal branch | August 2, 2027 |
| Applicable period | Thirty calendar days after actual certification-order filing | Wednesday, September 1, 2027 |
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.
Try these dates in the calculatorWhich Florida civil qualifications change the procedure?
- Grant and denial share the stated filing event
- Rule 1.442(f)(2) refers to filing of an order granting or denying certification. A hearing, announcement, proposed order or later service does not substitute for actual filing. Preserve the filed disposition.
- Establish the outstanding proposal before applying the extension
- Identify the proposal served before the actual certification order and establish that it remains outstanding. An effective withdrawal voids the proposal. This scoped computation does not determine acceptance treatment for a proposal first served after the certification order.
- 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.
- 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.
- 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.
What must be filed, served and preserved?
Questions about this Florida civil act
When must a Florida party accept a settlement proposal in an alleged class action?
Does the extension apply only when certification is granted?
Rule 1.442(f)(2) uses the filed order granting or denying certification. Identify the actual filed disposition in the case alleging a class.
Florida Rule of Civil Procedure 1.442(f)(2)Does later service of the certification order restart thirty days?
This branch uses actual order filing. Later service is a distinct event and does not substitute for the rule’s specified trigger.
Florida Rule of Civil Procedure 1.442(f)(2)Does this calculated date approve the class settlement?
The period concerns acceptance of the outstanding proposal under Rule 1.442. It does not establish completion of separate certification, approval or enforcement requirements.
Florida Rule of Civil Procedure 1.442(a),(f)(2)Official Florida sources and review
Provisions used (14)
| Provision | Purpose |
|---|---|
| Florida Rule of Civil Procedure 1.442(f)(2) | The responsible actor, actual event and stated procedural period |
| Florida Rule of Civil Procedure 1.442(f)(2) | Grant and denial share the stated filing event |
| Florida Rule of Civil Procedure 1.442(e),(f) | Establish the outstanding proposal before applying the extension |
| Florida Rule of Civil Procedure 1.442(f)(1),(j) | Acceptance excludes the mail-only additional time |
| Florida Rule of Civil Procedure 1.442(e),(f)(1) | Withdrawal and written acceptance have their own acts |
| Florida Rule of Civil Procedure 1.442(a),(d),(f)(1) | Written delivery and statutory court filing differ |
| Florida Rule of Civil Procedure 1.442(g),(h),(j),1.525 | Rejection does not establish fee entitlement |
| Florida Rule of Civil Procedure 1.080(a),(b) | Applicable computation, filing, service and proof |
| Florida Rule of Civil Procedure 1.090(a),(b) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.514(a)–(b) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.516(b),(f) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.525(b),(c),(e) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 110.117(1) | Observed statutory holidays and weekend substitutions |
| 2026 Florida Statutes section 768.79(1)–(9) | Separate statutory offer, acceptance, enforcement and fee conditions; the rule supersedes inconsistent procedural provisions |