THE BILL ITSELF
SB 1424
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.
67
Be It Enacted by the Legislature of the State of Florida:
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.