Florida Regulations 60Q-6.125: SANCTIONS
Current as of: 2024 | Check for updates
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(1) Generally. Failure to comply with the provisions of these rules or any order of the judge may subject a party or attorney to one or more of the following sanctions: striking of claims, petitions, defenses, or pleadings; imposition of costs or attorney’s fees; or such other sanctions as the judge may deem appropriate.
(2) Determination of Violation. If, after notice and a reasonable opportunity to respond, the judge determines that subsection (1) has been violated, the judge may impose an appropriate sanction.
(3) How Initiated.
(a) A motion for sanctions under this rule or under the provisions of Florida Statutes § 440.32, shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subsection (1) or the provisions of Florida Statutes § 440.32 Any Motion regarding subsection (1) shall be served but shall not be filed unless the alleged failure is not appropriately remedied within 21 days after service of the motion. If warranted, the judge may award to the party prevailing on the motion the cost of the proceeding and attorney’s fees incurred in presenting or opposing the motion.
(b) On his or her own initiative, the judge may enter an order describing the specific conduct that appears to violate subsection (1) or the provisions of Florida Statutes § 440.32 and directing an attorney or party to show cause why sanctions should not be imposed.
(4) Nature of Sanctions. A sanction imposed for violation of these rules shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Penalties, fees, and costs awarded under this provision may not be recouped from the party unless the party has committed the violation.
(5) Order. Any order imposing sanctions shall describe the conduct determined to constitute a violation of the rule or statute and explain the basis for the sanction imposed.
Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.32, 440.33(1), (2), 440.45(1)(a), (4) FS. History-New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 2-14-22.
Terms Used In Florida Regulations 60Q-6.125
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Statute: A law passed by a legislature.
(3) How Initiated.
(a) A motion for sanctions under this rule or under the provisions of Florida Statutes § 440.32, shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subsection (1) or the provisions of Florida Statutes § 440.32 Any Motion regarding subsection (1) shall be served but shall not be filed unless the alleged failure is not appropriately remedied within 21 days after service of the motion. If warranted, the judge may award to the party prevailing on the motion the cost of the proceeding and attorney’s fees incurred in presenting or opposing the motion.
(b) On his or her own initiative, the judge may enter an order describing the specific conduct that appears to violate subsection (1) or the provisions of Florida Statutes § 440.32 and directing an attorney or party to show cause why sanctions should not be imposed.
(4) Nature of Sanctions. A sanction imposed for violation of these rules shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Penalties, fees, and costs awarded under this provision may not be recouped from the party unless the party has committed the violation.
(5) Order. Any order imposing sanctions shall describe the conduct determined to constitute a violation of the rule or statute and explain the basis for the sanction imposed.
Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.32, 440.33(1), (2), 440.45(1)(a), (4) FS. History-New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 2-14-22.