provides: (d) Service and Filing. A proposal shall be served on the party or parties to whom it is made but shall not be filed unless necessary to enforce the provisions of this rule. Fla. R. Civ. P. 1.442(d) (emphasis added). Section 768.79(3) provides: (3) The offer shall be served upon the party to whom it is made, but it shall not be filed unless it is accepted or unless filing is necessary to enforce the provisions of this section. § 768.79(3), Fla. Stat. (2004) (emphasis added). The offer of judgment statute and rule are in derogation of the common law rule that each party pay its own fees and are, therefore, strictly construed. Willis Shaw Exp., Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 277 (Fla.2003); see Major League Baseball v. Morsani, 790 So.2d 1071, 1077-78 (Fla.2001) (<HOLDING>); Dade County v. Pena, 664 So.2d 959, 960
holding that in presence of any doubt a penal statute is to be strictly construed holding that sjection 76879 and rule 1442 are strictly construed because they are in derogation of the common law rule that each party pay their own fees  holding that a statute enacted in derogation of the common law must be strictly construed   holding that if a statute is in derogation of a common law right it must be strictly construed and not extended in application beyond clear legislative intent holding  2513 to be jurisdictional and therefore must be strictly construed