Voluntary Trial Resolution

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A bill to be entitled 1
An act relating to voluntary trial resolution; 2
amending s. 44.104, F.S.; deleting provisions relating 3
to voluntary trial resolution; creating s. 44.1045, 4
F.S.; defining the term "presiding judge"; authorizing 5
parties to civil cases, family law cases, or probate 6
cases to agree to or stipulate the appointment of a 7
voluntary trial resolution judge; providing 8
eligibility requirements; authorizing the parties to 9
file such agreement or stipulation with the clerk of 10
the court and to file a joint motion requesting such 11
appointment; requiring the joint motion to be 12
accompanied by a certain form; requiring the parties 13
to promptly serve a copy of the joint motion and form 14
on the presiding judge; requiring the presiding judge 15
to enter a specified order within a certain time 16
period; requiring an appointed voluntary trial 17
resolution judge to take and subscribe to a specified 18
oath; providing an exception; requiring a voluntary 19
trial resolution judge to adjudicate a case until a 20
final determination of the case; requiring the case to 21
be returned to the presiding judge under certain 22
circumstances; requiring immediate disclosure by a 23
voluntary trial resolution judge to the parties of 24
circumstances requiring disqualification; authorizing 25

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waiver of disqualification; providing construction and 26
applicability; providing for compensation of a 27
voluntary trial resolution judge; requiring the 28
presiding judge to retain jurisdiction for a specified 29
purpose; requiring the clerk of the court to treat 30
cases referred to voluntary trial resolution in a 31
specified manner; requiring the chief judge or his or 32
her designee to make available public facilities and 33
personnel in proceedings assigned to a voluntary trial 34
resolution judge in a specified manner; requiring the 35
chief judge and the clerk to coordinate the provision 36
of jurors with a voluntary trial resolution judge for 37
certain actions; authorizing the parties to agree to 38
use certain facilities for other specified matters; 39
specifying that the parties are responsible for 40
certain costs; providing the scope of judicial 41
functions of a voluntary trial resolution judge; 42
requiring the presiding judge to maintain jurisdiction 43
to perform certain judicial functions; requiring a 44
voluntary trial resolution judge to conduct 45
proceedings under specified rules of court; requiring 46
voluntary trial resolution proceedings to be noticed 47
and open to the public; providing for judicial review; 48
providing applicability; amending s. 44.107, F.S.; 49
conforming provisions to changes made by the act; 50

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providing an effective date. 51
52
Be It Enacted by the Legislature of the State of Florida: 53
54
Section 1. Section 44.104, Florida Statutes, is amended to 55
read: 56
44.104 Voluntary binding arbitration and voluntary trial 57
resolution.— 58
(1) Two or more opposing parties who are involved in a 59
civil dispute may agree in writing to submit the controversy to 60
voluntary binding arbitration, or voluntary trial resolution, in 61
lieu of litigation of the issues involved before, prior to or 62
after a lawsuit has been filed, provided no constitutional issue 63
is involved. 64
(2) If the parties have entered into an agreement that 65
which provides in voluntary binding arbitration for a method for 66
appointing of one or more arbitrators, or which provides in 67
voluntary trial resolution a method for appointing a member of 68
The Florida Bar in good standing for more than 5 years to act as 69
trial resolution judge, the court shall proceed with the 70
appointment as prescribed. However, in voluntary binding 71
arbitration at least one of the arbitrators, who shall serve as 72
the chief arbitrator, shall meet the qualifications and training 73
requirements adopted pursuant to s. 44.106. In the absence of an 74
agreement, or if the agreement method fails or for any reason 75

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cannot be followed, the court, on application of a party, shall 76
appoint one or more qualified arbitrators, or the trial 77
resolution judge, as the case requires. 78
(3) The arbitrators must or trial resolution judge shall 79
be compensated by the parties according to their agreement. 80
(4) Within 10 days after the submission of the request for 81
binding arbitration, or voluntary trial resolution, the court 82
shall provide for the appointment of the arbitrator or 83
arbitrators, or trial resolution judge, as the case requires. 84
Once appointed, the arbitrators or trial resolution judge shall 85
notify the parties of the time and place for the hearing. 86
(5) Application for voluntary binding arbitration must or 87
voluntary trial resolution shall be filed and fees paid to the 88
clerk of court as if for complaints initiating civil actions. 89
The clerk of the court shall handle and account for these 90
matters in all respects as if they were civil actions, except 91
that the clerk of court shall keep separate the records of the 92
applications for voluntary binding arbitration and the records 93
of the applications for voluntary trial resolution from all 94
other civil actions. 95
(6) Filing of the application for binding arbitration 96
tolls or voluntary trial resolution will toll the running of the 97
applicable statutes of limitation. 98
(7) The chief arbitrator or trial resolution judge may 99
administer oaths or affirmations and conduct the proceedings as 100

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the rules of court shall provide. At the request of any party, 101
the chief arbitrator or trial resolution judge shall issue 102
subpoenas for the attendance of witnesses and for the production 103
of books, records, documents, and other evidence and may apply 104
to the court for orders compelling attendance and production. 105
Subpoenas shall be served and shall be enforceable in the manner 106
provided by law. 107
(8) A voluntary binding arbitration hearing shall be 108
conducted by all of the arbitrators, but a majority may 109
determine any question and render a final decision. A trial 110
resolution judge shall conduct a voluntary trial resolution 111
hearing. The trial resolution judge may determine any question 112
and render a final decision. 113
(9) The Florida Evidence Code applies shall apply to all 114
proceedings under this section. 115
(10) An appeal of a voluntary binding arbitration decision 116
shall be taken to the circuit court and shall be limited to 117
review on the record and not de novo, of: 118
(a) Any alleged failure of the arbitrators to comply with 119
the applicable rules of procedure or evidence. 120
(b) Any alleged partiality or misconduct by an arbitrator 121
prejudicing the rights of any party. 122
(c) Whether the decision reaches a result contrary to the 123
Constitution of the United States or the State Constitution. 124
(11) Any party may enforce a final decision rendered in a 125

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voluntary trial by filing a petition for final judgment in the 126
circuit court in the circuit in which the voluntary trial took 127
place. Upon entry of final judgment by the circuit court, any 128
party may appeal to the appropriate appellate court. Factual 129
findings determined in the voluntary trial are not subject to 130
appeal. 131
(11)(12) The harmless error doctrine applies shall apply 132
in all appeals. No Further review is not shall be permitted 133
unless a constitutional issue is raised. 134
(12)(13) If no appeal is taken within the time provided by 135
rules promulgated by the Supreme Court, then the decision shall 136
be referred to the presiding judge in the case, or if one has 137
not been assigned, then to the chief judge of the circuit for 138
assignment to a circuit judge, who shall enter such orders and 139
judgments as are required to carry out the terms of the 140
decision, which orders shall be enforceable by the contempt 141
powers of the court and for which judgments execution shall 142
issue on request of a party. 143
(13)(14) This section does shall not apply to any dispute 144
involving child custody, visitation, or child support, or to any 145
dispute that which involves the rights of a third party not a 146
party to the arbitration or voluntary trial resolution when the 147
third party would be an indispensable party if the dispute were 148
resolved in court or when the third party notifies the chief 149
arbitrator or the trial resolution judge that the third party 150

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would be a proper party if the dispute were resolved in court, 151
that the third party intends to intervene in the action in 152
court, and that the third party does not agree to proceed under 153
this section. 154
Section 2. Section 44.1045, Florida Statutes, is created 155
to read: 156
44.1045 Voluntary trial resolution.— 157
(1) As used in this section, the term "presiding judge" 158
means the judge assigned to the case. 159
(2)(a) The parties to a civil case, a family law case, or 160
a probate case may by written agreement or stipulation agree to 161
the appointment of an individual to serve as a voluntary trial 162
resolution judge to adjudicate all of the remaining issues in 163
the case, subject to the exceptions set forth in subsection 164
(12). 165
(b) To be eligible to be appointed to serve as a voluntary 166
trial resolution judge, the individual selected by the parties 167
must be a member of The Florida Bar in good standing for more 168
than 5 years. 169
(c) Any time after an action is filed, the parties may 170
file a written agreement or stipulation to appoint a voluntary 171
trial resolution judge with the clerk of the court in which the 172
action is pending and a joint motion requesting appointment of a 173
voluntary trial resolution judge, selecting the individual whom 174
the parties wish to have appointed. The joint motion shall be 175

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accompanied by a form signed by the selected voluntary trial 176
resolution judge consenting to the appointment. The parties 177
shall promptly serve a copy of the joint motion and form on the 178
presiding judge. 179
(d) Within 10 days after the submission of the request for 180
appointment of a voluntary trial resolution judge, the presiding 181
judge shall enter an order appointing the voluntary trial 182
resolution judge selected by the parties. The order designating 183
the voluntary trial resolution judge shall be signed by the 184
presiding judge, refer to the parties' written agreement or 185
stipulation, and provide that the voluntary trial resolution 186
judge shall be compensated by the parties in accordance with the 187
terms of the parties' agreement or stipulation. 188
(e) A voluntary trial resolution judge appointed under 189
this subsection must take and subscribe to an oath of office, 190
swearing or affirming that he or she has read and will conform 191
with Canons 1, 2A, and 3, and any other provisions of the 192
Florida Code of Judicial Conduct which might reasonably be 193
applicable depending on the nature of the judicial function 194
performed, except as modified by this section. 195
(f) Upon appointment by the presiding judge, a voluntary 196
trial resolution judge shall adjudicate the case until the case 197
is finally determined by adjudication, including posttrial 198
motions and requests for attorney fees, dismissal, or other 199
final disposition, unless disqualification or recusal is 200

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required pursuant to subsection (3). 201
(g) If a voluntary trial resolution judge appointed under 202
this subsection cannot serve in that capacity for any reason, 203
absent further agreement or stipulation by the parties to 204
appoint another individual to serve as voluntary trial 205
resolution judge, the case shall be returned to the presiding 206
judge. 207
(3) Where circumstances exist that require 208
disqualification of a judge under Canon 3E of the Florida Code 209
of Judicial Conduct, a voluntary trial resolution judge shall 210
immediately disclose to the parties on the record the grounds 211
for disqualification. The parties may waive the disqualification 212
by filing a written waiver with the clerk of the court within 10 213
days after such disclosure. This subsection does not limit the 214
authority of a voluntary trial resolution judge to enter an 215
order of recusal. Sections 38.02 and 38.10 and Florida Rules of 216
General Practice and Judicial Administration 2.330 apply to any 217
motion to disqualify a voluntary trial resolution judge. In the 218
event of recusal, or if a motion to disqualify a voluntary trial 219
resolution judge is granted, the case shall be returned to the 220
presiding judge. 221
(4) A voluntary trial resolution judge shall be 222
compensated by the parties in such amount, and subject to such 223
terms and conditions, as provided by the parties in a written 224
agreement or stipulation. A contract for the services of a 225

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voluntary trial resolution judge must provide for payment of 226
compensation by the parties to the voluntary trial resolution 227
judge. The presiding judge may enforce the terms of a written 228
agreement or stipulation against the parties and shall retain 229
jurisdiction to enforce such agreement or stipulation after 230
entry of any judgment therefrom. 231
(5) The clerk of the court shall treat cases referred to 232
voluntary trial resolution the same as any other comparable 233
action, except that the clerk of court shall keep separate the 234
records of the applications for voluntary trial resolution from 235
all other comparable actions. The chief judge, or his or her 236
designee, shall, upon request of the parties, make available 237
public facilities and personnel in proceedings assigned to a 238
voluntary trial resolution judge to the same extent as for other 239
comparable matters not assigned to a voluntary trial resolution 240
judge. For jury matters, the chief judge and the clerk of the 241
court shall coordinate the provision of jurors with the 242
voluntary trial resolution judge. For all other matters, the 243
parties may agree to use facilities other than facilities for 244
circuit and county courts. The parties are responsible for any 245
compensation to personnel and any costs in relation to the case, 246
including, but not limited to, the costs associated with the use 247
of such facilities and any materials that are not provided by 248
the court. 249
(6) A voluntary trial resolution judge shall perform all 250

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judicial functions from the time of appointment by the presiding 251
judge until the case is finally determined by adjudication, 252
including posttrial motions and requests for attorney fees, 253
dismissal, or other final disposition, except for the 254
disposition of a request that a party be held in contempt and 255
the entry of an order with respect to any nonparty to the case. 256
The presiding judge shall maintain jurisdiction to exercise 257
contempt power and to enforce a subpoena issued to any nonparty 258
to the case. The presiding judge shall enter the final judgment 259
prepared by the voluntary trial resolution judge. The presiding 260
judge shall have exclusive jurisdiction over enforcement of any 261
judgment and any supplementary proceedings filed in the same 262
action. 263
(7) A voluntary trial resolution judge shall conduct 264
proceedings under this section pursuant to the Florida Rules of 265
Civil Procedure, the Family Law Rules of Procedure, or the 266
Probate Rules, as applicable. 267
(8) The Florida Evidence Code applies to all proceedings 268
under this section. 269
(9) Voluntary trial resolution proceedings shall be 270
noticed and open to the public to the same extent as if such 271
proceedings were before the presiding judge. 272
(10) Upon entry of final judgment by the presiding judge, 273
a party may appeal to the appropriate appellate court in the 274
same manner and to the same extent as any other proceeding 275

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before the court. The harmless error doctrine applies in any 276
such review. A party may not seek to have an order or ruling of 277
a voluntary trial resolution judge reviewed, modified, or 278
overturned by the presiding judge during the voluntary trial 279
resolution judge's appointment. 280
(11) Except as provided in subsection (12), voluntary 281
trial resolution is available in all civil, family, and probate 282
cases. 283
(12) This section does not apply to any dispute involving 284
the constitutionality of a statute, child custody, visitation, 285
or child support, or to any dispute involving the rights of a 286
third party who is not a party to the voluntary trial resolution 287
proceedings when the third party would be an indispensable party 288
if the dispute were resolved in court or when the third party 289
notifies the voluntary trial resolution judge that the third 290
party would be a proper party if the dispute were resolved in 291
court, that the third party intends to intervene in the action, 292
and that the third party does not agree to proceed under this 293
section. 294
Section 3. Subsection (1) of section 44.107, Florida 295
Statutes, is amended to read: 296
44.107 Immunity for arbitrators, voluntary trial 297
resolution judges, mediators, and mediator trainees.— 298
(1) Arbitrators serving under s. 44.103 or s. 44.104, 299
voluntary trial resolution judges serving under s. 44.1045, 300

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mediators serving under s. 44.102, and trainees fulfilling the 301
mentorship requirements for certification by the Supreme Court 302
as a mediator shall have judicial immunity in the same manner 303
and to the same extent as a judge. 304
Section 4. This act shall take effect July 1, 2026. 305