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Florida Statute 44.405 | Lawyer Caselaw & Research
F.S. 44.405 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 44.405

The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH
Chapter 44
MEDIATION ALTERNATIVES TO JUDICIAL ACTION
View Entire Chapter
F.S. 44.405
44.405 Confidentiality; privilege; exceptions.
(1) Except as provided in this section, all mediation communications shall be confidential. A mediation participant shall not disclose a mediation communication to a person other than another mediation participant or a participant’s counsel. A violation of this section may be remedied as provided by s. 44.406. If the mediation is court ordered, a violation of this section may also subject the mediation participant to sanctions by the court, including, but not limited to, costs, attorney’s fees, and mediator’s fees.
(2) A mediation party has a privilege to refuse to testify and to prevent any other person from testifying in a subsequent proceeding regarding mediation communications.
(3) If, in a mediation involving more than two parties, a party gives written notice to the other parties that the party is terminating its participation in the mediation, the party giving notice shall have a privilege to refuse to testify and to prevent any other person from testifying in a subsequent proceeding regarding only those mediation communications that occurred prior to the delivery of the written notice of termination of mediation to the other parties.
(4)(a) Notwithstanding subsections (1) and (2), there is no confidentiality or privilege attached to a signed written agreement reached during a mediation, unless the parties agree otherwise, or for any mediation communication:
1. For which the confidentiality or privilege against disclosure has been waived by all parties;
2. That is willfully used to plan a crime, commit or attempt to commit a crime, conceal ongoing criminal activity, or threaten violence;
3. That requires a mandatory report pursuant to chapter 39 or chapter 415 solely for the purpose of making the mandatory report to the entity requiring the report;
4. Offered to report, prove, or disprove professional malpractice occurring during the mediation, solely for the purpose of the professional malpractice proceeding;
5. Offered for the limited purpose of establishing or refuting legally recognized grounds for voiding or reforming a settlement agreement reached during a mediation; or
6. Offered to report, prove, or disprove professional misconduct occurring during the mediation, solely for the internal use of the body conducting the investigation of the conduct.
(b) A mediation communication disclosed under any provision of subparagraph (a)3., subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6. remains confidential and is not discoverable or admissible for any other purpose, unless otherwise permitted by this section.
(5) Information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery by reason of its disclosure or use in mediation.
(6) A party that discloses or makes a representation about a privileged mediation communication waives that privilege, but only to the extent necessary for the other party to respond to the disclosure or representation.
History.s. 4, ch. 2004-291.

F.S. 44.405 on Google Scholar

F.S. 44.405 on Casetext

Amendments to 44.405


Arrestable Offenses / Crimes under Fla. Stat. 44.405
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 44.405.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ABRAMS- JACKSON, v. AVOSSA,, 282 F. Supp. 3d 1268 (S.D. Fla. 2017)

. . . Plaintiff's counsel's willful and intentional violations of Local Rule 16.2(g)(2) and Florida Statute § 44.405 . . . mediation statement and apologizing for filing it in violation of Local Rule 16(g)(2) and Florida Statute § 44.405 . . . confidential and are privileged in all respects as provided under federal law and Florida Statutes § 44.405 . . . Stat. § 44.405(1). . . .

WELLS FARGO BANK, N. A. v. M. RICHARDS, 226 So. 3d 920 (Fla. Dist. Ct. App. 2017)

. . . ." § 44.405(2), Fla. Stat. (2016). . . .

TRAVELERS INDEMNITY COMPANY OF CONNECTICUT St. v. ATTORNEY S TITLE INSURANCE FUND, INC. Co. LLP, LLC,, 194 F. Supp. 3d 1224 (M.D. Fla. 2016)

. . . . § 44.405. . . .

ANDERSON, v. McDONOUGH, E., 189 So. 3d 265 (Fla. Dist. Ct. App. 2016)

. . . See § 44.405(1), Fla. Stat. (2012). . . .

BRADFIELD v. MID- CONTINENT CASUALTY COMPANY,, 15 F. Supp. 3d 1253 (M.D. Fla. 2014)

. . . attempted to identify each of the documents included on Milgrim's list. .Pursuant to Florida Statute § 44.405 . . .

CARLES CONSTRUCTION, INC. a C. v. TRAVELERS CASUALTY SURETY COMPANY OF AMERICA, a a v. a C., 56 F. Supp. 3d 1259 (S.D. Fla. 2014)

. . . . § 44.405. Motions to strike are properly directed at pleadings, Fed. . . . Stat. § 44.405(1). . . . confidential and are privileged in all respects as provided under federal law and Florida Statutes § 44.405 . . . Stat. § 44.405(4)(a)(5). . . . .

MAPLEWOOD PARTNERS, L. P. L. P. LLC, v. INDIAN HARBOR INSURANCE COMPANY,, 295 F.R.D. 550 (S.D. Fla. 2013)

. . . . § 44.405. . . . Stat. § 44.405(1). Defendant and its counsel attended the Shashy mediation. . . .

SUN HARBOR HOMEOWNERS ASSOCIATION, INC. v. BONURA,, 95 So. 3d 262 (Fla. Dist. Ct. App. 2012)

. . . See § 44.405(1), Fla. . . .

RODRIGUEZ, v. MARBLE CARE INT L, INC., 863 F. Supp. 2d 1168 (S.D. Fla. 2012)

. . . confidential and are privileged in all respects as provided under federal law and Florida Statutes § 44.405 . . . Neither the Local Rule nor Florida Statutes § 44.405 has an express exception authorizing disclosure . . . mediation participant who knowingly and willfully discloses a mediation communication in violation of § 44.405 . . .

ALLIED WORLD ASSURANCE COMPANY U. S. INC. v. LINCOLN GENERAL INSURANCE COMPANY,, 280 F.R.D. 197 (M.D. Pa. 2012)

. . . Section 44.405 of the Mediation and Privilege Act provides that “[a] mediation participant shall not . . . Stat. § 44.405(1). . . .

FIDELITY GUARANTY INSURANCE COMPANY, v. FORD MOTOR COMPANY,, 707 F. Supp. 2d 1300 (M.D. Fla. 2010)

. . . . § 44.405(4). . . .

J. TRYTEK, v. GALE INDUSTRIES, INC., 3 So. 3d 1194 (Fla. 2009)

. . . See, e.g., § 44.405(1), Fla. . . .

FLORIDA HOSPITAL WATERMAN, INC. v. M. BUSTER, v., 984 So. 2d 478 (Fla. 2008)

. . . See, e.g., § 44.405, Fla. . . .

WILLIAMS, v. WILLIAMS, Jr., 939 So. 2d 1154 (Fla. Dist. Ct. App. 2006)

. . . See § 44.405, Fla. Stat. (2005). . . . .

In PETITION OF THE ALTERNATIVE DISPUTE RESOLUTION RULES AND POLICY COMMITTEE ON AMENDMENTS TO FLORIDA RULES FOR CERTIFIED AND COURT- APPOINTED MEDIATORS, 931 So. 2d 877 (Fla. 2006)

. . . Section 44.405(4)(a) of the Act enumerates exceptions to the confidentiality and privilege provisions . . . Section 44.405(4)(a), Florida Statutes (2005), provides: Notwithstanding subsections (1) [confidentiality . . .

In AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 905 So. 2d 865 (Fla. 2005)

. . . rule is further amended to provide that any violation of a confidentiality provision under section 44.405 . . .