Florida Supreme Court Amends Rule 1.442: What Counsel Should Know About Proposals for Settlement and Mediation Timing

On November 13, 2025, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.442 (Proposals for Settlement), along with form 1.902 (Summons) and form 1.938 (Forcible Entry and Detention) ¹. The amendments take effect January 1, 2026, at 12:01 a.m. ¹. Because proposals for settlement so often shape what happens at mediation, the opinion deserves attention from trial counsel, claims professionals and mediators alike.

How the Amendments Came About

The Florida Bar’s Civil Procedure Rules Committee filed the proposal, and both the Committee and the Court published it for comment ¹. The Florida Bar News carried the publication notice in April 2025 ². The Court received one comment, the Committee revised its proposal in response, and the Court adopted the revised version ¹. Many of the changes conform the rule to the Court’s guidelines for rules submissions in Administrative Order AOSC22-78 ¹, which is why the familiar “shall” now reads “may” or “must” throughout the rule ¹.

Those edits are largely stylistic, but rule language is where proposal disputes are won and lost, so practitioners should work from the amended text as of January 1.

The Timing Rules Still Control

The core deadlines are unchanged in substance. A proposal directed to a defendant cannot be served until 90 days have passed since that defendant was served with process, and one directed to a plaintiff cannot be served until 90 days after the case was commenced ¹. The window closes 45 days before the trial date or the opening of the trial docket, whichever falls first ¹.

Acceptance is equally strict. Unless the receiving party delivers a written notice of acceptance within 30 days of being served, the proposal is treated as rejected, and the additional-time provision of Florida Rule of General Practice and Judicial Administration 2.514(b) does not apply ¹. Under the amended wording, oral communications will not be considered an acceptance, rejection or counteroffer ¹.

Mediation Does Not Stop the Clock

For mediation practice, the most important sentence in the rule may be its last. The rule states that mediation has “no effect on the dates during which parties are permitted to make or accept a proposal for settlement” ¹. A proposal served two weeks before a scheduled mediation keeps running through the session, and an impasse does not extend the 30-day acceptance window.

That has practical consequences:

• Calendar the acceptance deadline before the session. Counsel and adjusters should know exactly how many days remain on any outstanding proposal when they arrive at mediation.
• Get authority in writing. Because oral communications do not count as acceptance ¹, a verbal “yes” at the table does not accept a pending proposal. Any acceptance should be delivered in writing within the deadline.
• Address fees expressly. A proposal must state whether it includes attorneys’ fees and whether fees are part of the legal claim, and the amended rule ties the requirement that a proposal resolve all damages to that fee provision ¹. Settlement terms negotiated at mediation should be equally clear about fees and costs.
• Keep the proposal and the mediation separate on the record. A court may receive a proposal or its acceptance into evidence only when enforcing an accepted proposal or deciding sanctions ¹, and a party seeking sanctions must serve a motion under rule 1.525 ¹.

Summons and possession forms. The Court also revised form 1.902 to make clear that a defendant answering a summons in writing can file either with the clerk or through the Florida Courts E-filing Portal, and must list an e-mail address for service unless the clerk has granted an exemption from electronic service ¹. The revised summons refers defendants seeking help to The Florida Bar’s Lawyer Referral Service or local legal aid programs ¹. Form 1.938 now requires the plaintiff to disclose the property’s legal description and address if available, how the defendant obtained possession, and whether the plaintiff owns the property or is otherwise entitled to possession ¹.

None of these amendments changes the strategic role a well-timed proposal plays in moving a case toward resolution. They do reinforce that the proposal process runs on its own track, independent of mediation. Parties who coordinate the two, rather than treating them as one, tend to arrive at the table with a clearer view of risk.

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