No. SB 1424
Filed under Legal.
Voluntary Trial Resolution; Authorizing parties to civil cases, family law cases, or probate cases to, by written agreement or stipulation, agree to the appointment of a voluntary trial resolution judge, subject to certain exceptions; authorizing the parties to file such written agreement or stipulation with the clerk of the court any time after the action is filed and to file a joint motion requesting such appointment; requiring an appointed voluntary trial resolution judge to take and subscribe to a specified oath; requiring a voluntary trial resolution judge to adjudicate a case until a specified finality occurs in the case, etc.
Plain English Summary
AI-GENERATEDParties to a civil, family law, or probate case can agree in writing to appoint a private attorney as a 'voluntary trial resolution judge' who adjudicates every remaining issue in the case, largely replacing the assigned judge.
The parties pick and pay this judge directly under their own agreement. The regular presiding judge keeps only contempt power, authority over nonparties, and final say over enforcing judgments.
Proceedings must stay open to the public and follow the same evidence and procedural rules as ordinary court, and rulings can be appealed the same way a judge's rulings can.
The replacement text for the underlying section covers only trial resolution, with no trace of the current section's separate voluntary-binding-arbitration provisions, and a companion immunity-statute change is consistent with arbitration no longer living there at all.
AIParties to a civil, family law, or probate case can agree in writing to appoint an individual to serve as a voluntary trial resolution judge who takes over all remaining issues in the case, not just a single hearing or motion.
AIThe appointed judge takes over the case from the point of appointment through trial, posttrial motions, attorney-fee requests, dismissal, or other final disposition, unless disqualified or recused.
AIThe regular presiding judge retains jurisdiction only to hold a party in contempt, to enter orders affecting anyone who is not a party to the case, and to enforce the eventual judgment. Every other judicial function shifts to the appointed judge.
AIThe parties themselves compensate the appointed judge on whatever terms they agree to in writing, rather than the judge being funded by the state, and the presiding judge can enforce those payment terms against the parties.
AIThe entire replacement text for s. 44.104 covers only voluntary trial resolution; none of the current section's arbitration-specific provisions (arbitrator qualifications, hearing conduct, record-only appeal of an arbitration award) appear in it or anywhere else in this act. A companion change to the immunity statute stops describing 'Arbitrators' as serving under s. 44.104 at all, tying that cross-reference to voluntary trial resolution judges instead, which is only consistent with arbitration no longer being governed by this section. Voluntary trial resolution judges are added to the same immunity list, covered by the same judicial immunity as a judge.
AIA party may appeal a nonfinal order or final judgment from the appointed judge the same way it would appeal the presiding judge's rulings, but cannot ask the presiding judge to review, modify, or overturn a ruling while the appointment lasts.
AIThe only stated qualification for serving as a voluntary trial resolution judge is having been a member of The Florida Bar in good standing for longer than 5 years.
AIVoluntary trial resolution proceedings must be noticed and open to the public to the same extent as if they were held before the regular presiding judge, preserving public access despite the private appointment.