H 965

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    CS/HB 965  2026
1A bill to be entitled
2An act relating to voluntary trial resolution;
3amending s. 44.104, F.S.; deleting provisions relating
4to voluntary trial resolution; creating s. 44.1045,
5F.S.; defining the term "presiding judge"; authorizing
6parties to civil cases, family law cases, or probate
7cases to agree to or stipulate the appointment of a
8voluntary trial resolution judge; providing
9eligibility requirements; authorizing the parties to
10file such agreement or stipulation with the clerk of
11the court and to file a joint motion requesting such
12appointment; requiring the joint motion to be
13accompanied by a certain form; requiring the parties
14to promptly serve a copy of the joint motion and form
15on the presiding judge; requiring the presiding judge
16to enter a specified order within a certain time
17period; requiring an appointed voluntary trial
18resolution judge to take and subscribe to a specified
19oath; providing an exception; requiring a voluntary
20trial resolution judge to adjudicate a case until a
21final determination of the case; requiring the case to
22be returned to the presiding judge under certain
23circumstances; requiring immediate disclosure by a
24voluntary trial resolution judge to the parties of
25circumstances requiring disqualification; authorizing
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26waiver of disqualification; providing construction and
27applicability; providing for compensation of a
28voluntary trial resolution judge; requiring the
29presiding judge to retain jurisdiction for a specified
30purpose; requiring the clerk of the court to treat
31cases referred to voluntary trial resolution in a
32specified manner; requiring the chief judge or his or
33her designee to make available public facilities and
34personnel in proceedings assigned to a voluntary trial
35resolution judge in a specified manner; requiring the
36chief judge and the clerk to coordinate the provision
37of jurors with a voluntary trial resolution judge for
38certain actions; authorizing the parties to agree to
39use certain facilities for other specified matters;
40specifying that the parties are responsible for
41certain costs; providing the scope of judicial
42functions of a voluntary trial resolution judge;
43requiring the presiding judge to maintain jurisdiction
44to perform certain judicial functions; requiring a
45voluntary trial resolution judge to conduct
46proceedings under specified rules of court; requiring
47voluntary trial resolution proceedings to be noticed
48and open to the public; providing for judicial review;
49providing applicability; amending s. 44.107, F.S.;
50conforming provisions to changes made by the act;
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51providing an effective date.
52
53    Be It Enacted by the Legislature of the State of Florida:
54
55Section 1.  Section 44.104, Florida Statutes, is amended to
56    read:
5744.104       Voluntary binding arbitration and voluntary trial
58    resolution.—
59(1)     Two or more opposing parties who are involved in a
60    civil dispute may agree in writing to submit the controversy to
61    voluntary binding arbitration, or voluntary trial resolution, in
62    lieu of litigation of the issues involved before, prior to or
63    after a lawsuit has been filed, provided no constitutional issue
64    is involved.
65(2)     If the parties have entered into an agreement that
66    which provides in voluntary binding arbitration for a method for
67    appointing of one or more arbitrators, or which provides in
68    voluntary trial resolution a method for appointing a member of
69    The Florida Bar in good standing for more than 5 years to act as
70    trial resolution judge, the court shall proceed with the
71    appointment as prescribed. However, in voluntary binding
72    arbitration at least one of the arbitrators, who shall serve as
73    the chief arbitrator, shall meet the qualifications and training
74    requirements adopted pursuant to s. 44.106. In the absence of an
75    agreement, or if the agreement method fails or for any reason
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76     cannot be followed, the court, on application of a party, shall
77     appoint one or more qualified arbitrators, or the trial
78     resolution judge, as the case requires.
79(3)     The arbitrators must or trial resolution judge shall
80     be compensated by the parties according to their agreement.
81(4)     Within 10 days after the submission of the request for
82     binding arbitration, or voluntary trial resolution, the court
83     shall provide for the appointment of the arbitrator or
84     arbitrators, or trial resolution judge, as the case requires.
85     Once appointed, the arbitrators or trial resolution judge shall
86     notify the parties of the time and place for the hearing.
87(5)     Application for voluntary binding arbitration must or
88     voluntary trial resolution shall be filed and fees paid to the
89     clerk of court as if for complaints initiating civil actions.
90     The clerk of the court shall handle and account for these
91     matters in all respects as if they were civil actions, except
92     that the clerk of court shall keep separate the records of the
93     applications for voluntary binding arbitration and the records
94     of the applications for voluntary trial resolution from all
95     other civil actions.
96(6)     Filing of the application for binding arbitration
97     tolls or voluntary trial resolution will toll the running of the
98     applicable statutes of limitation.
99(7)     The chief arbitrator or trial resolution judge may
100    administer oaths or affirmations and conduct the proceedings as
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101    the rules of court shall provide. At the request of any party,
102    the chief arbitrator or trial resolution judge shall issue
103    subpoenas for the attendance of witnesses and for the production
104    of books, records, documents, and other evidence and may apply
105    to the court for orders compelling attendance and production.
106    Subpoenas shall be served and shall be enforceable in the manner
107    provided by law.
108(8)     A voluntary binding arbitration hearing shall be
109    conducted by all of the arbitrators, but a majority may
110    determine any question and render a final decision. A trial
111    resolution judge shall conduct a voluntary trial resolution
112    hearing. The trial resolution judge may determine any question
113    and render a final decision.
114(9)     The Florida Evidence Code applies shall apply to all
115    proceedings under this section.
116(10)        An appeal of a voluntary binding arbitration decision
117    shall be taken to the circuit court and shall be limited to
118    review on the record and not de novo, of:
119(a)     Any alleged failure of the arbitrators to comply with
120    the applicable rules of procedure or evidence.
121(b)     Any alleged partiality or misconduct by an arbitrator
122    prejudicing the rights of any party.
123(c)     Whether the decision reaches a result contrary to the
124    Constitution of the United States or the State Constitution.
125(11)        Any party may enforce a final decision rendered in a
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126    voluntary trial by filing a petition for final judgment in the
127    circuit court in the circuit in which the voluntary trial took
128    place. Upon entry of final judgment by the circuit court, any
129    party may appeal to the appropriate appellate court. Factual
130    findings determined in the voluntary trial are not subject to
131    appeal.
132(11)(12)  The harmless error doctrine applies shall apply
133    in all appeals. No Further review is not shall be permitted
134    unless a constitutional issue is raised.
135(12)(13)  If no appeal is taken within the time provided by
136    rules promulgated by the Supreme Court, then the decision shall
137    be referred to the presiding judge in the case, or if one has
138    not been assigned, then to the chief judge of the circuit for
139    assignment to a circuit judge, who shall enter such orders and
140    judgments as are required to carry out the terms of the
141    decision, which orders shall be enforceable by the contempt
142    powers of the court and for which judgments execution shall
143    issue on request of a party.
144(13)(14)  This section does shall not apply to any dispute
145    involving child custody, visitation, or child support, or to any
146    dispute that which involves the rights of a third party not a
147    party to the arbitration or voluntary trial resolution when the
148    third party would be an indispensable party if the dispute were
149    resolved in court or when the third party notifies the chief
150    arbitrator or the trial resolution judge that the third party
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151    would be a proper party if the dispute were resolved in court,
152    that the third party intends to intervene in the action in
153    court, and that the third party does not agree to proceed under
154    this section.
155Section 2.  Section 44.1045, Florida Statutes, is created
156    to read:
15744.1045       Voluntary trial resolution.—
158(1)     As used in this section, the term "presiding judge"
159    means the judge assigned to the case.
160(2)(a)       The parties to a civil case, a family law case, or
161    a probate case may by written agreement or stipulation agree to
162    the appointment of an individual to serve as a voluntary trial
163    resolution judge to adjudicate all of the remaining issues in
164    the case, subject to the exceptions set forth in subsection
165    (12).
166(b)     To be eligible to be appointed to serve as a voluntary
167    trial resolution judge, the individual selected by the parties
168    must be a member of The Florida Bar in good standing for more
169    than 5 years.
170(c)     Any time after an action is filed, the parties may
171    file a written agreement or stipulation to appoint a voluntary
172    trial resolution judge with the clerk of the court in which the
173    action is pending and a joint motion requesting appointment of a
174    voluntary trial resolution judge, selecting the individual whom
175    the parties wish to have appointed. The joint motion shall be
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176    accompanied by a form signed by the selected voluntary trial
177    resolution judge consenting to the appointment. The parties
178    shall promptly serve a copy of the joint motion and form on the
179    presiding judge.
180(d)     Within 10 days after the submission of the request for
181    appointment of a voluntary trial resolution judge, the presiding
182    judge shall enter an order appointing the voluntary trial
183    resolution judge selected by the parties. The order designating
184    the voluntary trial resolution judge shall be signed by the
185    presiding judge, refer to the parties' written agreement or
186    stipulation, and provide that the voluntary trial resolution
187    judge shall be compensated by the parties in accordance with the
188    terms of the parties' agreement or stipulation.
189(e)     A voluntary trial resolution judge appointed under
190    this subsection must take and subscribe to an oath of office,
191    swearing or affirming that he or she has read and will conform
192    with Canons 1, 2A, and 3, and any other provisions of the
193    Florida Code of Judicial Conduct which might reasonably be
194    applicable depending on the nature of the judicial function
195    performed, except as modified by this section.
196(f)     Upon appointment by the presiding judge, a voluntary
197    trial resolution judge shall adjudicate the case until the case
198    is finally determined by adjudication, including posttrial
199    motions and requests for attorney fees, dismissal, or other
200    final disposition, unless disqualification or recusal is
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201    required pursuant to subsection (3).
202(g)     If a voluntary trial resolution judge appointed under
203    this subsection cannot serve in that capacity for any reason,
204    absent further agreement or stipulation by the parties to
205    appoint another individual to serve as voluntary trial
206    resolution judge, the case shall be returned to the presiding
207    judge.
208(3)     Where circumstances exist that require
209    disqualification of a judge under Canon 3E of the Florida Code
210    of Judicial Conduct, a voluntary trial resolution judge shall
211    immediately disclose to the parties on the record the grounds
212    for disqualification. The parties may waive the disqualification
213    by filing a written waiver with the clerk of the court within 10
214    days after such disclosure. This subsection does not limit the
215    authority of a voluntary trial resolution judge to enter an
216    order of recusal. Sections 38.02 and 38.10 and Florida Rules of
217    General Practice and Judicial Administration 2.330 apply to any
218    motion to disqualify a voluntary trial resolution judge. In the
219    event of recusal, or if a motion to disqualify a voluntary trial
220    resolution judge is granted, the case shall be returned to the
221    presiding judge.
222(4)     A voluntary trial resolution judge shall be
223    compensated by the parties in such amount, and subject to such
224    terms and conditions, as provided by the parties in a written
225    agreement or stipulation. A contract for the services of a
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226    voluntary trial resolution judge must provide for payment of
227    compensation by the parties to the voluntary trial resolution
228    judge. The presiding judge may enforce the terms of a written
229    agreement or stipulation against the parties and shall retain
230    jurisdiction to enforce such agreement or stipulation after
231    entry of any judgment therefrom.
232(5)     The clerk of the court shall treat cases referred to
233    voluntary trial resolution the same as any other comparable
234    action, except that the clerk of court shall keep separate the
235    records of the applications for voluntary trial resolution from
236    all other comparable actions. The chief judge, or his or her
237    designee, shall, upon request of the parties, make available
238    public facilities and personnel in proceedings assigned to a
239    voluntary trial resolution judge to the same extent as for other
240    comparable matters not assigned to a voluntary trial resolution
241    judge. For jury matters, the chief judge and the clerk of the
242    court shall coordinate the provision of jurors with the
243    voluntary trial resolution judge. For all other matters, the
244    parties may agree to use facilities other than facilities for
245    circuit and county courts. The parties are responsible for any
246    compensation to personnel and any costs in relation to the case,
247    including, but not limited to, the costs associated with the use
248    of such facilities and any materials that are not provided by
249    the court.
250(6)     A voluntary trial resolution judge shall perform all
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251    judicial functions from the time of appointment by the presiding
252    judge until the case is finally determined by adjudication,
253    including posttrial motions and requests for attorney fees,
254    dismissal, or other final disposition, except for the
255    disposition of a request that a party be held in contempt and
256    the entry of an order with respect to any nonparty to the case.
257    The presiding judge shall maintain jurisdiction to exercise
258    contempt power and to enforce a subpoena issued to any nonparty
259    to the case. The presiding judge shall enter the final judgment
260    prepared by the voluntary trial resolution judge. The presiding
261    judge shall have exclusive jurisdiction over enforcement of any
262    judgment and any supplementary proceedings filed in the same
263    action.
264(7)     A voluntary trial resolution judge shall conduct
265    proceedings under this section pursuant to the Florida Rules of
266    Civil Procedure, the Family Law Rules of Procedure, or the
267    Probate Rules, as applicable.
268(8)     The Florida Evidence Code applies to all proceedings
269    under this section.
270(9)     Voluntary trial resolution proceedings shall be
271    noticed and open to the public to the same extent as if such
272    proceedings were before the presiding judge.
273(10)        Upon entry of final judgment by the presiding judge,
274    a party may appeal to the appropriate appellate court in the
275    same manner and to the same extent as any other proceeding
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276    before the court. The harmless error doctrine applies in any
277    such review. A party may not seek to have an order or ruling of
278    a voluntary trial resolution judge reviewed, modified, or
279    overturned by the presiding judge during the voluntary trial
280    resolution judge's appointment.
281(11)        Except as provided in subsection (12), voluntary
282    trial resolution is available in all civil, family, and probate
283    cases.
284(12)        This section does not apply to any dispute involving
285    the constitutionality of a statute, child custody, visitation,
286    or child support, or to any dispute involving the rights of a
287    third party who is not a party to the voluntary trial resolution
288    proceedings when the third party would be an indispensable party
289    if the dispute were resolved in court or when the third party
290    notifies the voluntary trial resolution judge that the third
291    party would be a proper party if the dispute were resolved in
292    court, that the third party intends to intervene in the action,
293    and that the third party does not agree to proceed under this
294    section.
295Section 3.  Subsection (1) of section 44.107, Florida
296    Statutes, is amended to read:
29744.107        Immunity for arbitrators, voluntary trial
298    resolution judges, mediators, and mediator trainees.—
299(1)     Arbitrators serving under s. 44.103 or s. 44.104,
300    voluntary trial resolution judges serving under s. 44.1045,
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301    mediators serving under s. 44.102, and trainees fulfilling the
302    mentorship requirements for certification by the Supreme Court
303    as a mediator shall have judicial immunity in the same manner
304    and to the same extent as a judge.
305Section 4.  This act shall take effect July 1, 2026.
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