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by Jacarri Walker (Ft. Lauderdale Office)

Recently, Florida lawmakers enacted amendments to the Florida Rules of Civil Procedure. Rule 1.280 addresses initial disclosures and now imposes stricter obligations on parties to timely exchange them. Effective January 1, 2025, the amended rule closely follows Federal Rule of Civil Procedure 26(a), signaling a major shift in the procedural landscape of Florida state court civil litigation.

For the first time, Florida state court litigants are now required to provide initial disclosures without awaiting a formal discovery request within sixty (60) days of service of the complaint. These disclosures include:

(a) contact information and subject of information for individuals “likely to have discoverable information” for party’s claims or defenses; (b) copies of documents in party’s possession, custody, or control, that party may use to support its claims or defenses; (c) computation of each category of damages and supporting documents; and (d) insurance policies that may be available.

Fla. R. Civ. P. 1.280(a)(1)(A)-(D).

These requirements reflect a clear policy directive: parties must meaningfully engage in discovery from the outset and can no longer delay the exchange of critical, non-privileged information.

Historically, Rule 1.280 contained no mandate for initial disclosures. Under the version effective from October 15, 2021, through December 31, 2024, parties could only obtain discovery through traditional devices, including depositions; interrogatories; requests for production; and request for inspection or entry upon land; without any obligation to initiate disclosure absent a request. Moreover, no time requirements governed the initial exchange of such discovery unless otherwise ordered by the court. See Fla. R. Civ. P. 1.280(a) and (f) (2021).

In a departure from this permissive structure, the Florida Supreme Court, acting sua sponte, adopted these amendments as part of a broader reform initiative aimed at enhancing case management, streamlining discovery, and promoting the just, speedy, and inexpensive determination of actions.

Most recently, on June 15, 2025, the Court enacted a further amendment to Rule 1.280(f), which provides that “[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 amendment codifies the courts’ expectation that parties must not only comply with disclosure obligations promptly but also refrain from initiating other forms of discovery until they have done so.

Taken together, these changes represent a shift in Florida’s approach to civil litigation. Trial courts are signaling with increasing clarity that the era of delayed discovery, tactical withholding of information, and pretextual “fishing expeditions” is coming to an end. The Florida judiciary is cracking down on litigation gamesmanship and requiring counsel to adhere to a more structured and transparent timeline, with sanctions available for noncompliance, including dismissal of actions and other severe remedies. Accordingly, attorneys practicing in Florida state courts must be prepared to meet these accelerated discovery obligations or risk significant procedural and substantive consequences.

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The opinions expressed are those of the authors and do not necessarily reflect the views of the firm or its clients. This article is for general information purposes and is not intended to be and should not be taken as legal advice.