| 1 | A bill to be entitled |
| 2 | An act relating to offers of settlement; repealing s. |
| 3 | 45.061, F.S., relating to offers of settlement made before |
| 4 | 1990; amending ss. 44.102 and 766.209, F.S.; conforming |
| 5 | cross-references; providing an effective date. |
| 6 |
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| 7 | Be It Enacted by the Legislature of the State of Florida: |
| 8 |
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| 9 | Section 1. Section 45.061, Florida Statutes, is repealed. |
| 10 | Section 2. Subsection (5) of section 44.102, Florida |
| 11 | Statutes, is amended to read: |
| 12 | 44.102 Court-ordered mediation.- |
| 13 | (5)(a) When an action is referred to mediation by court |
| 14 | order, the time period periods for responding to an offer of |
| 15 | settlement pursuant to s. 45.061, or to an offer or demand for |
| 16 | judgment pursuant to s. 768.79, respectively, shall be tolled |
| 17 | until: |
| 18 | 1. An impasse has been declared by the mediator; or |
| 19 | 2. The mediator has reported to the court that no |
| 20 | agreement was reached. |
| 21 | (b) Section Sections 45.061 and 768.79 notwithstanding, an |
| 22 | offer of settlement or an offer or demand for judgment may be |
| 23 | made at any time after an impasse has been declared by the |
| 24 | mediator, or the mediator has reported that no agreement was |
| 25 | reached. An offer is deemed rejected as of commencement of |
| 26 | trial. |
| 27 | Section 3. Subsection (2) of section 766.209, Florida |
| 28 | Statutes, is amended to read: |
| 29 | 766.209 Effects of failure to offer or accept voluntary |
| 30 | binding arbitration.- |
| 31 | (2) If neither party requests or agrees to voluntary |
| 32 | binding arbitration, the claim shall proceed to trial or to any |
| 33 | available legal alternative such as offer of and demand for |
| 34 | judgment under s. 768.79 or offer of settlement under s. 45.061. |
| 35 | Section 4. This act shall take effect July 1, 2011. |