LRBa1744/2
PJH:kjf:jf
September 2011 Special Session
2011 - 2012 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE BILL 12
October 25, 2011 - Offered by Senator Zipperer.
SB12-SA1,1,3
3"
Section 1d. 807.015 of the statutes is created to read:
SB12-SA1,1,6
4807.015 Settlement offers; fee shifting cases. (1) This section applies to
5any action brought pursuant to a statute that permits or requires a court to award
6attorney fees to a prevailing party.
SB12-SA1,2,5
7(2) After issue is joined but at least 20 days before the trial, the defendant may
8serve upon the plaintiff a written offer to allow judgment to be taken against the
9defendant for the sum, or property, or to the effect therein specified, with costs. If
10the plaintiff accepts the offer and serves notice thereof in writing, before trial and
11within 10 days after receipt of the offer, the plaintiff may file the offer, with proof of
12service of the notice of acceptance, and the clerk must thereupon enter judgment
13accordingly. If notice of acceptance is not given, the offer cannot be given as evidence
1nor mentioned on the trial. If the offer of judgment is not accepted and the plaintiff
2fails to recover a more favorable judgment, including prejudgment interest and costs
3incurred by the plaintiff up to the date the offer was made, the plaintiff shall not
4recover costs but defendant shall recover costs as would be payable to a prevailing
5plaintiff.
SB12-SA1,2,14
6(3) After issue is joined but at least 20 days before trial, the defendant may
7serve upon the plaintiff a written offer that if the defendant fails in the defense the
8damages be assessed at a specified sum. If the plaintiff accepts the offer and serves
9notice thereof in writing before trial and within 10 days after receipt of the offer and
10prevails upon the trial, either party may file proof of service of the offer and
11acceptance and the damages will be assessed accordingly. If notice of acceptance is
12not given, the offer cannot be given as evidence nor mentioned on the trial. If the offer
13is not accepted and if damages assessed in favor of the plaintiff do not exceed the
14damages offered, neither party shall recover costs.
SB12-SA1,2,23
15(4) After issue is joined but at least 20 days before trial, the plaintiff may serve
16upon the defendant a written offer of settlement for the sum, or property, or to the
17effect therein specified, with costs. If the defendant accepts the offer and serves
18notice thereof in writing, before trial and within 10 days after receipt of the offer, the
19defendant may file the offer, with proof of service of the notice of acceptance, with the
20clerk of court. If notice of acceptance is not given, the offer cannot be given as
21evidence nor mentioned on the trial. If the offer of settlement is not accepted and the
22plaintiff recovers a more favorable judgment, the plaintiff shall recover double the
23amount of the taxable costs.
SB12-SA1,3,10
24(5) If there is an offer of settlement by a party under this section which is not
25accepted and the party recovers a judgment, less prejudgment interest and costs
1accrued after the date of the offer of settlement, which is greater than or equal to the
2amount specified in the offer of settlement, the party is entitled to interest at the
3annual rate of 12 percent on the amount recovered from the date of the offer of
4settlement until the amount is paid to the appropriate party or to the court as
5security for the judgment pending disposition and any appeal. Interest under this
6section is in addition to any other compensation allowed by law or contract, but in
7lieu of interest computed under ss. 814.04 (4) and 815.05 (8). Taxable costs under this
8section include attorney fees awarded by statute, contract, or common law. In any
9offer made under this section, the offerer may include a provision that the costs
10specified in the offer may be determined by the court after acceptance of the offer.
SB12-SA1,3,12
11(6) Subsections (2) to (5) apply to offers which may be made by any party to any
12other party who demands a judgment or setoff against the offering party.".
