The Florida Supreme Court recently adopted a number of significant changes to the discovery process, effective January 1, 2025. While designed to improve efficiency and expedite resolution, the updates present new challenges for practitioners and carriers alike. Presuit investigations may now be discoverable, making early involvement of counsel essential to protect work product privilege.

These rules force both insurers and claimants to be more proactive, transparent, and organized early in the claims process to avoid potential penalties. By addressing discovery during the presuit phase, we position ourselves for a clear advantage if litigation follows.

Florida Rule of Civil Procedure 1.280

The most notable change is the requirement that parties provide initial disclosures within sixty (60) days of service of the complaint or joinder of all defendants. In aligning Florida’s rules with the Federal Rules of Civil Procedure, amended Rule 1.280 now mirrors Rule 26(a), imposing stricter obligations to exchange information without waiting for formal discovery requests.

The new disclosures must include:

(A) The name and, if known, the address, telephone number, and e-mail address of each individual likely to have discoverable information—along with the subjects of that information—that the disclosing party may use to support its claims or defenses (unless solely for impeachment).

(B) A copy—or a description by category and location—of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control (or, if not in the disclosing party’s possession, a description by category and location of such information) that may be used to support its claims or defenses (unless solely for impeachment).

(C) A computation for each category of damages claimed, with supporting documents or evidentiary material, unless privileged. Parties need not provide computations for noneconomic damages, but must identify categories of damages claimed and produce supporting documents.

(D) A copy of any insurance policy or agreement under

which an insurer may be liable to satisfy all or part of a judgment, or to indemnify or reimburse payments made to satisfy the judgment.

Florida Rule of Civil Procedure 1.280(a)(1)(A)-(D). Parties

must make the above disclosures based on information

“reasonably available” to them, and they are not excused from compliance because an investigation is incomplete or because they dispute the sufficiency of the other side’s disclosure. Early decisions must be made about whether presuit experts will serve as consulting experts or testifying experts. Failure to disclose may result in sanctions, including attorney’s fees and costs.

Similarly, decisions about presuit surveillance or witness statements must be addressed up front. Undisclosed investigations may later be barred from use. For example, if an EDR download is obtained presuit but not disclosed to counsel, it could be excluded from use at trial if omitted from the Defendant’s Initial Disclosure or Privilege Log.

The amended rule emphasizes proportionality, further aligning Florida’s discovery with federal standards. A commentary to Rule 1.280 confirms that the Court adopted nearly all of the text of Federal Rule 26(b)(1), and that the rule is “to be construed and applied in accordance with the federal proportionality standard.”

This requires parties to request discovery that is proportional to the needs of the case, considering factors such as the amount in controversy, the parties’ relative access to relevant information and the importance of the discovery in resolving the issues. The rule removes language permitting discovery of matters “reasonably calculated to lead to the discovery of admissible evidence,” requiring parties to more narrowly tailor their discovery requests specific to the facts of each individual case. Doubling down on the Court’s efforts to expedite discovery, on June 15, 2025, the Court amended Rule 1.280(f), to state:

“A party may not seek discovery from any source before that party’s initial disclosures are served on the other party, except when authorized by stipulation or court order.” Fla. R. Civ. P. 1.280(f).

This means discovery cannot begin until a party serves its Initial Disclosure, regardless of the adequacy of the other side’s disclosures. In practice, plaintiffs often file a barebones Notice of Initial Disclosure with the Complaint, which is sufficient to trigger discovery. If disclosures are incomplete, they must be addressed under Rule 1.380(d) (“Failure to Disclose or Supplement an Earlier Response”), but defendants must still respond timely to discovery requests.

Previously, Rule 1.280 had no disclosure requirements; parties relied on depositions, document requests, and interrogatories without any baseline obligation to disclose information. The amended rule seeks to streamline discovery and accelerate case resolution.

Early Preparation in the Presuit Phase Is Key

Working up a case in the presuit phase is now more important than ever. Given the realities of the Florida Supreme Court’s new focus on streamlining the discovery process and expediting matters to trial within eighteen (18) months, we must work in tandem between claims professionals and counsel. Coordinating with counsel to compile discovery, identify witnesses and engage experts with an eye towards the above disclosure requirements will not only provide a better outcome in most presuit cases, it will place us in a more advantageous position should the case proceed to litigation, as we can ensure that any/all privileges are maintained.

In conclusion, the amendments to Rule 1.280 represent a major shift in Florida’s discovery rules requiring parties to adhere to a more structured timeline. To meet these obligations, presuit claims must be treated as though trial is inevitable.

As the saying goes, “Hope for the best, but prepare for the worst.”