HB 7121

1
A bill to be entitled
2An act relating to offers of settlement; repealing s.
345.061, F.S., relating to offers of settlement made before
41990; amending ss. 44.102 and 766.209, F.S.; conforming
5cross-references; providing an effective date.
6
7Be It Enacted by the Legislature of the State of Florida:
8
9     Section 1.  Section 45.061, Florida Statutes, is repealed.
10     Section 2.  Subsection (5) of section 44.102, Florida
11Statutes, is amended to read:
12     44.102  Court-ordered mediation.-
13     (5)(a)  When an action is referred to mediation by court
14order, the time period periods for responding to an offer of
15settlement pursuant to s. 45.061, or to an offer or demand for
16judgment pursuant to s. 768.79, respectively, shall be tolled
17until:
18     1.  An impasse has been declared by the mediator; or
19     2.  The mediator has reported to the court that no
20agreement was reached.
21     (b)  Section Sections 45.061 and 768.79 notwithstanding, an
22offer of settlement or an offer or demand for judgment may be
23made at any time after an impasse has been declared by the
24mediator, or the mediator has reported that no agreement was
25reached. An offer is deemed rejected as of commencement of
26trial.
27     Section 3.  Subsection (2) of section 766.209, Florida
28Statutes, is amended to read:
29     766.209  Effects of failure to offer or accept voluntary
30binding arbitration.-
31     (2)  If neither party requests or agrees to voluntary
32binding arbitration, the claim shall proceed to trial or to any
33available legal alternative such as offer of and demand for
34judgment under s. 768.79 or offer of settlement under s. 45.061.
35     Section 4.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.