§ 44.406, Fla. Stat. · Chapter 44. MEDIATION ALTERNATIVES TO JUDICIAL ACTION
Confidentiality; civil remedies.
Text — 2026 Florida Statutes
(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.
Notes and commentary — not statutory text
History
s. 4, ch. 2004-291.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0044/0044.html
- Text hash
- sha256 b3091681e0444bf51cfa76b2f7f3b8ffccebbcf8f945b717f9bcf4fcf776da66
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 5 provisions
Provisions in this library whose text cites § 44.406, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 44.107, Fla. Stat.Immunity for arbitrators, mediators, and mediator trainees.Printed as ss. 44.401-44.406
- § 44.402, Fla. Stat.Scope.Printed as s. 44.406; ss. 44.401-44.406
- § 44.403, Fla. Stat.Mediation Confidentiality and Privilege Act; definitions.Printed as ss. 44.401-44.406
- § 44.405, Fla. Stat.Confidentiality; privilege; exceptions.Printed as s. 44.406
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.