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United States · Florida settlement proposals

What limits the latest service of a Florida settlement proposal?

Rule 1.442(b) bars proposal service later than forty-five days before the date set for trial or the first day of the docket on which the case is set, whichever is earlier. The recipient’s ninety-day earliest threshold also applies. Selecting a later actual hearing or ignoring the first docket day can shorten the required lead time.

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Read why no date is calculated
Period
At least forty-five days before the earlier trial or docket anchor, with the separate earliest threshold
Trigger
The earlier actual trial date or first day of the docket on which this case is set
Rule
Florida Rule of Civil Procedure 1.442(b)
Florida proposals for settlement, written acceptance and service-window comparisons

Official civil compilation published October 1, 2026 and general practice compilation published July 1, 2026

Source guide · No automated date

Establish the complete Florida civil procedure

Two possible court anchors and a separate recipient-specific earliest threshold require comparison. The single backward preset does not establish the actual permissible service window or automatically resolve a closed-day endpoint.

Florida Rule of Civil Procedure 1.442(b)

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Which actual event starts this Florida civil period?

Read the actual trial setting and identify the first day of the docket on which this case is set.

Use the earlier established anchor rather than the later anticipated actual trial day.

Compare the recipient’s ninety-day earliest threshold and all actual court directions before serving.

Florida Rule of Civil Procedure 1.442(b)

How does Florida count this civil period?

  1. Read the actual trial setting and identify the first day of the docket on which this case is set.
  2. Rule 1.090(a) incorporates Rule 2.514(a). Paragraph (a)(5) determines counting direction for a period measured before an event. Preserve the forty-five-day lead time against the earlier actual court anchor. Establish applicable closed-day treatment and the full window separately; this guide does not roll an isolated backward result forward or invent a later service date.
  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.

Florida Rule of General Practice and Judicial Administration 2.514(a)

Why does this procedure need a separate comparison?

Two possible court anchors and a separate recipient-specific earliest threshold require comparison. The single backward preset does not establish the actual permissible service window or automatically resolve a closed-day endpoint.

Which Florida civil qualifications change the procedure?

Both limits must permit the actual service date
Rule 1.442(b) permits a proposal to a defendant no earlier than ninety days after process service on that defendant. A proposal to a plaintiff uses ninety days after commencement. Neither may be served later than forty-five days before the earlier trial date or first docket day. An isolated earliest or latest threshold does not establish a valid service window.
The earlier anchor controls
Rule 1.442(b) expressly compares the trial date with the first day of the docket on which the case is set. A scheduled later trial day does not eliminate an earlier docket anchor. Preserve both actual court records.
A changed setting requires another complete comparison
Read the operative trial and docket setting before relying on a prior window. This guide does not establish the effect of a changed setting on an earlier proposal or infer a new permissible window without the actual records.
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).
Florida Rule of Civil Procedure 1.442(b)
  • 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

What limits the latest service of a Florida settlement proposal?

Can I count from the later trial day within the docket?

Rule 1.442(b) uses the earlier trial date or first docket day. Preserve both actual anchors before selecting the event.

Florida Rule of Civil Procedure 1.442(b)

Does the forty-five-day limit replace the ninety-day threshold?

Both limits apply. Establish the recipient-specific process or commencement event as well as the earlier trial or docket date.

Florida Rule of Civil Procedure 1.442(b)

Does mediation suspend this latest-service limit?

Rule 1.442(j) states that mediation does not affect the dates for making or accepting a proposal.

Florida Rule of Civil Procedure 1.442(j)

Official Florida sources and review

Provisions used (13)
Provisions used in this guide
ProvisionPurpose
Florida Rule of Civil Procedure 1.442(b)The responsible actor, actual event and stated procedural period
Florida Rule of Civil Procedure 1.442(b)Both limits must permit the actual service date
Florida Rule of Civil Procedure 1.442(b)The earlier anchor controls
Florida Rule of Civil Procedure 1.442(b)A changed setting requires another complete comparison
Florida Rule of Civil Procedure 1.442(a),(c)A date does not establish a valid proposal
Florida Rule of Civil Procedure 1.442(g),(h),(j),1.525Rejection 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
Read the current official Florida court rules

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