Background
The Florida Bar’s Civil Procedure Rules Committee proposed amendments to Florida Rule of Civil Procedure 1.280, which governs discovery. The principal proposal revised the rule’s initial-disclosure requirements to align them more closely with Federal Rule of Civil Procedure 26(a)(1).
Both the Committee and the Florida Supreme Court published the proposed amendments for public comment. Neither publication drew any comments.
The Court’s Holding
The Florida Supreme Court adopted the Committee’s proposed amendments. Under amended rule 1.280(a)(1)(C), a party claiming damages must provide a computation for each category of damages other than noneconomic damages. The amendment does not require a computation of noneconomic damages and does not retain the former language requiring parties separately to identify noneconomic-damages categories and provide supporting documents.
A disclosing party is no longer required to furnish copies of the documents or other evidentiary materials supporting its damages computations with the initial disclosure. Instead, unless the materials are privileged or protected, the party must make them available for inspection and copying under rule 1.350. The amendments also replace “shall” with “must” in the apex-doctrine provision. They take effect January 1, 2027, at 12:01 a.m., and a rehearing motion will not alter that date.
Key Takeaways
- Initial disclosures must include computations for claimed damages categories other than noneconomic damages.
- Supporting materials need not accompany the disclosure but must be made available for inspection and copying under rule 1.350 unless privileged or protected.
- The amended rule takes effect January 1, 2027, at 12:01 a.m.
Why It Matters
The amendment changes how Florida litigants satisfy initial damages-disclosure obligations. Parties may provide the required computations without simultaneously delivering copies of all supporting materials, but they must preserve access to those materials through rule 1.350 procedures.
The revised text also clarifies that noneconomic damages are outside the computation requirement, bringing Florida’s initial-disclosure language closer to the corresponding federal rule.