On February 5, 2020, in Cohen v. H.E.C. Cleaning, LLC, No. 4D19-1070, the Florida Fourth DCA reversed a trial court ruling striking a motion for sanctions filed by one of the parties under Fla. Stat. § 57.105 because the safe harbor notice and proposed motion were not sent to the opposing party in a manner which complied with the e-mail service requirements under Fla. R. Civ. P. 2.516. The Fourth DCA cited the Florida Supreme Court’s decision in Wheaton v. Wheaton, 261 So. 2d 1236 (Fla. 2019), in which the Florida Supreme Court held that the e-mail service requirements do not apply to proposals for settlement under Fla. Stat. § 768.79. The Fourth DCA concluded that the Wheaton exception applied in this case as well because proposals for settlement under Fla. Stat. § 768.79 and safe harbor notices under Fla. Stat. § 57.105 are both not filed with the court.
