THE BILL ITSELF
CS/HB 965
Voluntary Trial Resolution
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A bill to be entitled
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An act relating to voluntary trial resolution;
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amending s. 44.104, F.S.; deleting provisions relating
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to voluntary trial resolution; creating s. 44.1045,
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F.S.; defining the term "presiding judge"; authorizing
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parties to civil cases, family law cases, or probate
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cases to agree to or stipulate the appointment of a
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voluntary trial resolution judge; providing
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eligibility requirements; authorizing the parties to
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file such agreement or stipulation with the clerk of
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the court and to file a joint motion requesting such
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appointment; requiring the joint motion to be
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accompanied by a certain form; requiring the parties
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to promptly serve a copy of the joint motion and form
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on the presiding judge; requiring the presiding judge
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to enter a specified order within a certain time
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period; requiring an appointed voluntary trial
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resolution judge to take and subscribe to a specified
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oath; providing an exception; requiring a voluntary
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trial resolution judge to adjudicate a case until a
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final determination of the case; requiring the case to
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be returned to the presiding judge under certain
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circumstances; requiring immediate disclosure by a
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voluntary trial resolution judge to the parties of
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circumstances requiring disqualification; authorizing
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waiver of disqualification; providing construction and
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applicability; providing for compensation of a
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voluntary trial resolution judge; requiring the
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presiding judge to retain jurisdiction for a specified
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purpose; requiring the clerk of the court to treat
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cases referred to voluntary trial resolution in a
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specified manner; requiring the chief judge or his or
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her designee to make available public facilities and
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personnel in proceedings assigned to a voluntary trial
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resolution judge in a specified manner; requiring the
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chief judge and the clerk to coordinate the provision
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of jurors with a voluntary trial resolution judge for
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certain actions; authorizing the parties to agree to
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use certain facilities for other specified matters;
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specifying that the parties are responsible for
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certain costs; providing the scope of judicial
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functions of a voluntary trial resolution judge;
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requiring the presiding judge to maintain jurisdiction
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to perform certain judicial functions; requiring a
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voluntary trial resolution judge to conduct
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proceedings under specified rules of court; requiring
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voluntary trial resolution proceedings to be noticed
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and open to the public; providing for judicial review;
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providing applicability; amending s. 44.107, F.S.;
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conforming provisions to changes made by the act;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida: Section 1. Section 44.104, Florida Statutes, is amended to
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read:
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44.104 Voluntary binding arbitration and voluntary trial
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resolution.—
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(1) Two or more opposing parties who are involved in a
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civil dispute may agree in writing to submit the controversy to
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voluntary binding arbitration, or voluntary trial resolution, in
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lieu of litigation of the issues involved before, prior to or
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after a lawsuit has been filed, provided no constitutional issue
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is involved.
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(2) If the parties have entered into an agreement that
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which provides in voluntary binding arbitration for a method for
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appointing of one or more arbitrators, or which provides in
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voluntary trial resolution a method for appointing a member of
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The Florida Bar in good standing for more than 5 years to act as
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trial resolution judge, the court shall proceed with the
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appointment as prescribed. However, in voluntary binding
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arbitration at least one of the arbitrators, who shall serve as
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the chief arbitrator, shall meet the qualifications and training
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requirements adopted pursuant to s. 44.106. In the absence of an
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agreement, or if the agreement method fails or for any reason
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cannot be followed, the court, on application of a party, shall
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appoint one or more qualified arbitrators, or the trial
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resolution judge, as the case requires.
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(3) The arbitrators must or trial resolution judge shall
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be compensated by the parties according to their agreement.
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(4) Within 10 days after the submission of the request for
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binding arbitration, or voluntary trial resolution, the court
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shall provide for the appointment of the arbitrator or
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arbitrators, or trial resolution judge, as the case requires.
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Once appointed, the arbitrators or trial resolution judge shall
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notify the parties of the time and place for the hearing.
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(5) Application for voluntary binding arbitration must or
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voluntary trial resolution shall be filed and fees paid to the
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clerk of court as if for complaints initiating civil actions.
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The clerk of the court shall handle and account for these
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matters in all respects as if they were civil actions, except
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that the clerk of court shall keep separate the records of the
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applications for voluntary binding arbitration and the records
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of the applications for voluntary trial resolution from all
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other civil actions.
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(6) Filing of the application for binding arbitration
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tolls or voluntary trial resolution will toll the running of the
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applicable statutes of limitation.
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(7) The chief arbitrator or trial resolution judge may
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administer oaths or affirmations and conduct the proceedings as
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the rules of court shall provide. At the request of any party,
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the chief arbitrator or trial resolution judge shall issue
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subpoenas for the attendance of witnesses and for the production
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of books, records, documents, and other evidence and may apply
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to the court for orders compelling attendance and production.
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Subpoenas shall be served and shall be enforceable in the manner
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provided by law.
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(8) A voluntary binding arbitration hearing shall be
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conducted by all of the arbitrators, but a majority may
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determine any question and render a final decision. A trial
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resolution judge shall conduct a voluntary trial resolution
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hearing. The trial resolution judge may determine any question
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and render a final decision.
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(9) The Florida Evidence Code applies shall apply to all
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proceedings under this section.
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(10) An appeal of a voluntary binding arbitration decision
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shall be taken to the circuit court and shall be limited to
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review on the record and not de novo, of:
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(a) Any alleged failure of the arbitrators to comply with
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the applicable rules of procedure or evidence.
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(b) Any alleged partiality or misconduct by an arbitrator
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prejudicing the rights of any party.
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(c) Whether the decision reaches a result contrary to the
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Constitution of the United States or the State Constitution.
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(11) Any party may enforce a final decision rendered in a
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voluntary trial by filing a petition for final judgment in the
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circuit court in the circuit in which the voluntary trial took
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place. Upon entry of final judgment by the circuit court, any
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party may appeal to the appropriate appellate court. Factual
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findings determined in the voluntary trial are not subject to
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appeal.
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(11)(12) The harmless error doctrine applies shall apply
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in all appeals. No Further review is not shall be permitted
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unless a constitutional issue is raised.
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(12)(13) If no appeal is taken within the time provided by
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rules promulgated by the Supreme Court, then the decision shall
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be referred to the presiding judge in the case, or if one has
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not been assigned, then to the chief judge of the circuit for
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assignment to a circuit judge, who shall enter such orders and
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judgments as are required to carry out the terms of the
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decision, which orders shall be enforceable by the contempt
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powers of the court and for which judgments execution shall
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issue on request of a party.
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(13)(14) This section does shall not apply to any dispute
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involving child custody, visitation, or child support, or to any
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dispute that which involves the rights of a third party not a
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party to the arbitration or voluntary trial resolution when the
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third party would be an indispensable party if the dispute were
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resolved in court or when the third party notifies the chief
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arbitrator or the trial resolution judge that the third party
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would be a proper party if the dispute were resolved in court,
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that the third party intends to intervene in the action in
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court, and that the third party does not agree to proceed under
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this section. Section 2. Section 44.1045, Florida Statutes, is created
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to read:
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44.1045 Voluntary trial resolution.—
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(1) As used in this section, the term "presiding judge"
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means the judge assigned to the case.
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(2)(a) The parties to a civil case, a family law case, or
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a probate case may by written agreement or stipulation agree to
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the appointment of an individual to serve as a voluntary trial
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resolution judge to adjudicate all of the remaining issues in
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the case, subject to the exceptions set forth in subsection
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(12).
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(b) To be eligible to be appointed to serve as a voluntary
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trial resolution judge, the individual selected by the parties
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must be a member of The Florida Bar in good standing for more
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than 5 years.
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(c) Any time after an action is filed, the parties may
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file a written agreement or stipulation to appoint a voluntary
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trial resolution judge with the clerk of the court in which the
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action is pending and a joint motion requesting appointment of a
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voluntary trial resolution judge, selecting the individual whom
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the parties wish to have appointed. The joint motion shall be
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accompanied by a form signed by the selected voluntary trial
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resolution judge consenting to the appointment. The parties
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shall promptly serve a copy of the joint motion and form on the
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presiding judge.
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(d) Within 10 days after the submission of the request for
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appointment of a voluntary trial resolution judge, the presiding
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judge shall enter an order appointing the voluntary trial
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resolution judge selected by the parties. The order designating
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the voluntary trial resolution judge shall be signed by the
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presiding judge, refer to the parties' written agreement or
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stipulation, and provide that the voluntary trial resolution
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judge shall be compensated by the parties in accordance with the
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terms of the parties' agreement or stipulation.
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(e) A voluntary trial resolution judge appointed under
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this subsection must take and subscribe to an oath of office,
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swearing or affirming that he or she has read and will conform
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with Canons 1, 2A, and 3, and any other provisions of the
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Florida Code of Judicial Conduct which might reasonably be
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applicable depending on the nature of the judicial function
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performed, except as modified by this section.
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(f) Upon appointment by the presiding judge, a voluntary
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trial resolution judge shall adjudicate the case until the case
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is finally determined by adjudication, including posttrial
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motions and requests for attorney fees, dismissal, or other
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final disposition, unless disqualification or recusal is
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required pursuant to subsection (3).
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(g) If a voluntary trial resolution judge appointed under
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this subsection cannot serve in that capacity for any reason,
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absent further agreement or stipulation by the parties to
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appoint another individual to serve as voluntary trial
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resolution judge, the case shall be returned to the presiding
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judge.
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(3) Where circumstances exist that require
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disqualification of a judge under Canon 3E of the Florida Code
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of Judicial Conduct, a voluntary trial resolution judge shall
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immediately disclose to the parties on the record the grounds
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for disqualification. The parties may waive the disqualification
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by filing a written waiver with the clerk of the court within 10
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days after such disclosure. This subsection does not limit the
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authority of a voluntary trial resolution judge to enter an
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order of recusal. Sections 38.02 and 38.10 and Florida Rules of
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General Practice and Judicial Administration 2.330 apply to any
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motion to disqualify a voluntary trial resolution judge. In the
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event of recusal, or if a motion to disqualify a voluntary trial
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resolution judge is granted, the case shall be returned to the
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presiding judge.
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(4) A voluntary trial resolution judge shall be
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compensated by the parties in such amount, and subject to such
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terms and conditions, as provided by the parties in a written
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agreement or stipulation. A contract for the services of a
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voluntary trial resolution judge must provide for payment of
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compensation by the parties to the voluntary trial resolution
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judge. The presiding judge may enforce the terms of a written
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agreement or stipulation against the parties and shall retain
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jurisdiction to enforce such agreement or stipulation after
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entry of any judgment therefrom.
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(5) The clerk of the court shall treat cases referred to
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voluntary trial resolution the same as any other comparable
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action, except that the clerk of court shall keep separate the
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records of the applications for voluntary trial resolution from
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all other comparable actions. The chief judge, or his or her
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designee, shall, upon request of the parties, make available
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public facilities and personnel in proceedings assigned to a
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voluntary trial resolution judge to the same extent as for other
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comparable matters not assigned to a voluntary trial resolution
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judge. For jury matters, the chief judge and the clerk of the
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court shall coordinate the provision of jurors with the
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voluntary trial resolution judge. For all other matters, the
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parties may agree to use facilities other than facilities for
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circuit and county courts. The parties are responsible for any
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compensation to personnel and any costs in relation to the case,
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including, but not limited to, the costs associated with the use
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of such facilities and any materials that are not provided by
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the court.
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(6) A voluntary trial resolution judge shall perform all
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judicial functions from the time of appointment by the presiding
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judge until the case is finally determined by adjudication,
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including posttrial motions and requests for attorney fees,
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dismissal, or other final disposition, except for the
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disposition of a request that a party be held in contempt and
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the entry of an order with respect to any nonparty to the case.
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The presiding judge shall maintain jurisdiction to exercise
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contempt power and to enforce a subpoena issued to any nonparty
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to the case. The presiding judge shall enter the final judgment
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prepared by the voluntary trial resolution judge. The presiding
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judge shall have exclusive jurisdiction over enforcement of any
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judgment and any supplementary proceedings filed in the same
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action.
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(7) A voluntary trial resolution judge shall conduct
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proceedings under this section pursuant to the Florida Rules of
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Civil Procedure, the Family Law Rules of Procedure, or the
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Probate Rules, as applicable.
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(8) The Florida Evidence Code applies to all proceedings
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under this section.
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(9) Voluntary trial resolution proceedings shall be
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noticed and open to the public to the same extent as if such
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proceedings were before the presiding judge.
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(10) Upon entry of final judgment by the presiding judge,
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a party may appeal to the appropriate appellate court in the
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same manner and to the same extent as any other proceeding
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before the court. The harmless error doctrine applies in any
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such review. A party may not seek to have an order or ruling of
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a voluntary trial resolution judge reviewed, modified, or
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overturned by the presiding judge during the voluntary trial
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resolution judge's appointment.
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(11) Except as provided in subsection (12), voluntary
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trial resolution is available in all civil, family, and probate
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cases.
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(12) This section does not apply to any dispute involving
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the constitutionality of a statute, child custody, visitation,
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or child support, or to any dispute involving the rights of a
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third party who is not a party to the voluntary trial resolution
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proceedings when the third party would be an indispensable party
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if the dispute were resolved in court or when the third party
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notifies the voluntary trial resolution judge that the third
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party would be a proper party if the dispute were resolved in
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court, that the third party intends to intervene in the action,
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and that the third party does not agree to proceed under this
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section.
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Section 3. Subsection (1) of section 44.107, Florida
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Statutes, is amended to read:
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44.107 Immunity for arbitrators, voluntary trial
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resolution judges, mediators, and mediator trainees.—
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(1) Arbitrators serving under s. 44.103 or s. 44.104,
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voluntary trial resolution judges serving under s. 44.1045,
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mediators serving under s. 44.102, and trainees fulfilling the
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mentorship requirements for certification by the Supreme Court
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as a mediator shall have judicial immunity in the same manner
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and to the same extent as a judge.
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This act shall take effect July 1, 2026. Section 4.