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Florida Statute 44.406 | Lawyer Caselaw & Research
F.S. 44.406 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 44.406

The 2023 Florida Statutes (including Special Session C)
Title V
JUDICIAL BRANCH
Chapter 44
MEDIATION ALTERNATIVES TO JUDICIAL ACTION
View Entire Chapter
F.S. 44.406
44.406 Confidentiality; civil remedies.—
(1) Any mediation participant who knowingly and willfully discloses a mediation communication in violation of s. 44.405 shall, upon application by any party to a court of competent jurisdiction, be subject to remedies, including:
(a) Equitable relief.
(b) Compensatory damages.
(c) Attorney’s fees, mediator’s fees, and costs incurred in the mediation proceeding.
(d) Reasonable attorney’s fees and costs incurred in the application for remedies under this section.
(2) Notwithstanding any other law, an application for relief filed under this section may not be commenced later than 2 years after the date on which the party had a reasonable opportunity to discover the breach of confidentiality, but in no case more than 4 years after the date of the breach.
(3) A mediation participant shall not be subject to a civil action under this section for lawful compliance with the provisions of s. 119.07.
History.—s. 4, ch. 2004-291.

F.S. 44.406 on Google Scholar

F.S. 44.406 on Casetext

Amendments to 44.406


Arrestable Offenses / Crimes under Fla. Stat. 44.406
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 44.406.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In AMENDMENTS TO FLORIDA RULES FOR CERTIFIED AND COURT- APPOINTED MEDIATORS, 202 So. 3d 795 (Fla. 2016)

. . . The recent adoption of the Florida Mediation Confidentiality and Privilege Act, sections 44.401-44.406 . . .

ESSEX, v. B. DAVIS, a k a Al-, 116 So. 3d 445 (Fla. Dist. Ct. App. 2012)

. . . We recognize that sections 44.401-44.406, Florida Statutes, provide that mediation communications are . . .

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

. . . A violation of this section may be remedied as provided by s. 44.406. . . . Florida Statute § 44.406 provides remedies for a mediation participant who knowingly and willfully discloses . . .

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)

. . . response to the 2004 adoption of the Mediation Confidentiality and Privilege Act, sections 44.401— 44.406 . . .

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

. . . Finally, we amend rule 12.741, Mediation Rules, to recognize the family court’s authority under section 44.406 . . . the 2004 Legislature’s creation of the Mediation Confidentiality and Privilege Act, sections 44.401-44.406 . . .