Voluntary Trial Resolution

Florida Senate
-
2026

SB 1424

By
Senator Berman

26-00704A-26 20261424__
1 A bill to be entitled
2 An act relating to voluntary trial resolution;
3 amending s. 44.104, F.S.; defining the term “presiding
4 judge”; authorizing parties to civil cases, family law
5 cases, or probate cases to, by written agreement or
6 stipulation, agree to the appointment of a voluntary
7 trial resolution judge, subject to certain exceptions;
8 providing that an individual selected by the parties
9 to serve as a voluntary trial resolution judge must
10 meet a specified requirement to be eligible for
11 appointment; authorizing the parties to file such
12 written agreement or stipulation with the clerk of the
13 court any time after the action is filed and to file a
14 joint motion requesting such appointment; requiring
15 that the joint motion be accompanied by a certain
16 form; requiring the parties to promptly serve a copy
17 of the joint motion and form on the presiding judge;
18 requiring the presiding judge to enter a specified
19 order within a certain timeframe; requiring an
20 appointed voluntary trial resolution judge to take and
21 subscribe to a specified oath; providing an exception;
22 requiring a voluntary trial resolution judge to
23 adjudicate a case until a specified finality occurs in
24 the case; requiring that the case be returned to the
25 presiding judge under certain circumstances; requiring
26 immediate disclosure by a voluntary trial resolution
27 judge to the parties of circumstances requiring
28 disqualification; authorizing the parties to waive
29 disqualification by filing a written waiver with the
30 clerk of the court within a specified timeframe;
31 providing construction and applicability; providing
32 for compensation of a voluntary trial resolution judge
33 according to certain terms and conditions; requiring
34 that a contract for the services of a voluntary trial
35 resolution judge provide for payment of such
36 compensation; authorizing the presiding judge to
37 enforce the terms of a written agreement or
38 stipulation and retain jurisdiction in certain
39 circumstances; requiring the presiding judge to retain
40 jurisdiction for a specified purpose; requiring the
41 clerk of the court to treat cases referred to
42 voluntary trial resolution in a specified manner;
43 requiring the chief judge or his or her designee to
44 make available public facilities and personnel in
45 proceedings assigned to a voluntary trial judge in a
46 specified manner; requiring the chief judge and the
47 clerk to coordinate the provision of jurors with a
48 voluntary trial resolution judge for certain
49 proceedings; authorizing the parties to agree to use
50 certain facilities for specified matters; specifying
51 that the parties are responsible for certain costs;
52 providing the scope of judicial functions of a
53 voluntary trial resolution judge; providing an
54 exception; requiring the presiding judge to maintain
55 jurisdiction to perform specified judicial functions;
56 requiring a voluntary trial resolution judge to
57 conduct proceedings under specified rules of court;
58 providing that the Florida Evidence code applies to
59 proceedings governed by the act; requiring that
60 voluntary trial resolution proceedings be noticed and
61 open to the public; providing for judicial review;
62 providing that a specified doctrine applies in such
63 review; providing applicability; amending s. 44.107,
64 F.S.; conforming provisions to changes made by the
65 act; providing an effective date.
66
67 Be It Enacted by the Legislature of the State of Florida:
68
69 Section 1. Section 44.104, Florida Statutes, is amended to
70 read:
71
(Substantial rewording of section. See

72
s. 44.104, F.S., for present text.)

73
44.104

Voluntary trial resolution.—

74
(1)

As used in this section, the term “presiding judge”

75
means the judge assigned to the case.

76
(2)(a)

The parties to a civil case, a family law case, or a

77
probate case may by written agreement or stipulation agree to

78
the appointment of an individual to serve as a voluntary trial

79
resolution judge to adjudicate all of the remaining issues in

80
the case, subject to the exceptions set forth in subsection

81
(12).

82
(b)

To be eligible to be appointed to serve as a voluntary

83
trial resolution judge, the individual selected by the parties

84
must be a member of The Florida Bar in good standing for longer

85
than 5 years.

86
(c)

Any time after an action is filed, the parties may file

87
a written agreement or stipulation to appoint a voluntary trial

88
resolution judge with the clerk of the court in which the action

89
is pending and may file a joint motion requesting appointment of

90
a voluntary trial resolution judge, selecting the individual

91
whom the parties wish to have appointed. The joint motion must

92
be accompanied by a form signed by the selected voluntary trial

93
resolution judge consenting to the appointment. The parties

94
shall promptly serve a copy of the joint motion and form on the

95
presiding judge.

96
(d)

Within 10 days after the submission of the request for

97
appointment of a voluntary trial resolution judge, the presiding

98
judge shall enter an order appointing the voluntary trial

99
resolution judge selected by the parties. The order designating

100
the voluntary trial resolution judge must be signed by the

101
presiding judge, refer to the parties’ written agreement or

102
stipulation, and provide that the voluntary trial resolution

103
judge be compensated by the parties in accordance with the terms

104
of the parties’ agreement or stipulation.

105
(e)

A voluntary trial resolution judge appointed under this

106
subsection shall take and subscribe to an oath of office,

107
swearing or affirming that he or she has read and will conform

108
with Canons 1, 2A, and 3, and any other provisions of the

109
Florida Code of Judicial Conduct which might reasonably be

110
applicable depending on the nature of the judicial function

111
performed, except for provisions relating to disqualification

112
and recusal which are provided for in subsection (3).

113
(f)

Upon appointment by the presiding judge, a voluntary

114
trial resolution judge shall adjudicate the case until the case

115
is finally determined by adjudication, including posttrial

116
motions and requests for attorney fees, dismissal, or other

117
final disposition, unless disqualification or recusal is

118
required pursuant to subsection (3).

119
(g)

If a voluntary trial resolution judge appointed under

120
this subsection cannot serve in that capacity for any reason,

121
absent further agreement or stipulation by the parties to

122
appoint another individual to serve as voluntary trial

123
resolution judge, the case must be returned to the presiding

124
judge.

125
(3)

Where circumstances exist that require disqualification

126
of a judge under Canon 3E of the Florida Code of Judicial

127
Conduct, a voluntary trial resolution judge must immediately

128
disclose, on the record, to the parties the grounds for

129
disqualification. The parties may waive the disqualification by

130
filing a written waiver with the clerk of the court within 10

131
days after such disclosure. This subsection does not limit the

132
authority of a voluntary trial resolution judge to enter an

133
order of recusal. Sections 38.02 and 38.10 and Florida Rules of

134
General Practice and Judicial Administration 2.330 apply to any

135
motion to disqualify a voluntary trial resolution judge. In the

136
event of recusal, or if a motion to disqualify a voluntary trial

137
resolution judge is granted, the case must be returned to the

138
presiding judge.

139
(4)

A voluntary trial resolution judge shall be compensated

140
by the parties in such amount, and subject to such terms and

141
conditions, as provided by the parties in a written agreement or

142
stipulation. A contract for the services of a voluntary trial

143
resolution judge must provide for payment of compensation by the

144
parties to the voluntary trial judge. The presiding judge may

145
enforce the terms of a written agreement or stipulation against

146
the parties, and shall retain jurisdiction to enforce such

147
agreement or stipulation after entry of any judgment therefrom.

148
(5)

The clerk of the court shall treat cases referred to

149
voluntary trial resolution the same as any other comparable

150
action, except that the clerk of court shall keep separate the

151
records of the applications for voluntary trial resolution from

152
all other comparable actions. The chief judge or his or her

153
designee shall, upon request of the parties, make available

154
public facilities and personnel in proceedings assigned to a

155
voluntary trial judge to the same extent as for other comparable

156
matters not assigned to a voluntary trial judge. For proceedings

157
requiring a jury to be empaneled, the chief judge and the clerk

158
of the court shall coordinate the provision of jurors with the

159
voluntary trial resolution judge. For all other proceedings, the

160
parties may agree to use facilities other than circuit or county

161
court facilities. The parties are responsible for any

162
compensation to personnel and any costs in relation to the case,

163
including, but not limited to, the costs associated with the use

164
of such facilities and any materials that are not provided by

165
the court.

166
(6)

A voluntary trial resolution judge shall perform all

167
judicial functions from the time of appointment by the presiding

168
judge until the case is finally determined by adjudication,

169
including posttrial motions and requests for attorney fees,

170
dismissal, or other final disposition, except for the

171
disposition of a request that a party be held in contempt and

172
the entry of an order with respect to any nonparty to the case.

173
The presiding judge shall maintain jurisdiction to exercise

174
contempt power and to enforce a subpoena issued to any nonparty

175
to the case. The presiding judge shall have exclusive

176
jurisdiction over enforcement of any judgment and any

177
supplementary proceedings filed in the same action.

178
(7)

A voluntary trial resolution judge shall conduct

179
proceedings under this section pursuant to the Florida Rules of

180
Civil Procedure, the Family Law Rules of Procedure, or the

181
Probate Rules, as applicable.

182
(8)

The Florida Evidence Code applies to all proceedings

183
under this section.

184
(9)

Voluntary trial resolution proceedings shall be noticed

185
and open to the public to the same extent as if such proceedings

186
were before the presiding judge.

187
(10)

A party may seek review of a nonfinal order or a final

188
judgment rendered by a voluntary trial resolution judge in the

189
same manner as a nonfinal order or a final judgment rendered by

190
the presiding judge. The harmless error doctrine applies in any

191
such review. A party may not seek to have an order or ruling of

192
a voluntary trial judge reviewed, modified, or overturned by the

193
presiding judge during the voluntary trial resolution judge’s

194
appointment.

195
(11)

Except as provided in subsection (12), voluntary trial

196
resolution is available in all civil, family, and probate cases.

197
(12)

This section does not apply to any dispute involving

198
the constitutionality of a statute; child custody, visitation,

199
or child support; or to any dispute involving the rights of a

200
third party who is not a party to the voluntary trial resolution

201
proceedings when the third party would be an indispensable party

202
if the dispute were resolved in court or when the third party

203
notifies the voluntary trial resolution judge that the third

204
party would be a proper party if the dispute were resolved in

205
court, that the third party intends to intervene in the action,

206
and that the third party does not agree to proceed under this

207
section.

208 Section 2. Subsection (1) of section 44.107, Florida
209 Statutes, is amended to read:
210 44.107 Immunity for arbitrators,
voluntary trial resolution

211
judges,
mediators, and mediator trainees.—
212 (1) Arbitrators serving under s. 44.103
, voluntary trial

213
resolution judges serving under

or
s. 44.104, mediators serving
214 under s. 44.102, and trainees fulfilling the mentorship
215 requirements for certification by the Supreme Court as a
216 mediator shall have judicial immunity in the same manner and to
217 the same extent as a judge.
218 Section 3. This act shall take effect July 1, 2026.