| 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 | 
 | 
| 7 | Be 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  Section 45.061, Florida Statutes, is repealed.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 | 
| 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 periodsfor responding to anoffer of  | 
| 15 | settlement pursuant to s. 45.061, or to anoffer 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 and768.79 notwithstanding, an | 
| 22 | offer of settlement or anoffer 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. |