No. CS/HB 965
Filed under Legal.
Voluntary Trial Resolution; Removes provisions relating to voluntary trial resolution; authorizes parties to civil cases, family law cases, or probate cases to agree to or stipulate appointment of voluntary trial resolution judge; requires parties to promptly serve copy of joint motion & form on presiding judge; requires presiding judge to enter specified order within certain time period; requires appointed voluntary trial resolution judge to take & subscribe to specified oath; provides exception; requires voluntary trial resolution judge to adjudicate case until final determination of case; requires case to be returned to presiding judge; requires immediate disclosure by voluntary trial resolution judge to parties of circumstances requiring disqualification; authorizes waiver of disqualification; provides for compensation of voluntary trial resolution judge; requires presiding judge to retain jurisdiction for specified purpose; requires clerk of court to treat cases referred to voluntary trial resolution in specified manner; requires chief judge or his or her designee to make available public facilities & personnel in proceedings assigned to voluntary trial resolution judge in specified manner; requires chief judge & clerk to coordinate provision of jurors with voluntary trial resolution judge for certain actions; authorizes parties to agree to use certain facilities for other specified matters; specifies that parties are responsible for certain costs; provides scope of judicial functions of voluntary trial resolution judge; requires presiding judge to maintain jurisdiction to perform certain judicial functions; requires voluntary trial resolution judge to conduct proceedings under specified rules of court; requires voluntary trial resolution proceedings to be noticed & open to public.
Plain English Summary
AI-GENERATEDParties to a civil, family law, or probate case can agree in writing to appoint a Florida Bar member of more than 5 years' standing as a voluntary trial resolution judge who takes over the whole remaining case, largely replacing the assigned judge.
This splits trial resolution out of the existing combined arbitration statute into its own new section, leaving voluntary binding arbitration itself untouched. The two processes no longer share one statute.
Compared to current law, appeals of a voluntary trial outcome get real teeth: the current rule that factual findings are not appealable is dropped, so appeals proceed the same way as an appeal from an ordinary judge's decision.
New requirements not found in current law include a judicial oath of office, standard judicial disqualification procedures, and a requirement that proceedings stay open to the public.
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.
AICurrent law says factual findings from a voluntary trial are not subject to appeal at all. This bill drops that limit; the new section instead lets a party appeal to the appropriate appellate court the same way as any other case, subject only to the harmless error doctrine.
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.
AICurrent law does not require a trial resolution judge to take a personal oath of office. This bill adds that requirement: the appointed judge must swear or affirm that they have read and will conform with specific canons of the Florida Code of Judicial Conduct.
AIInstead of a party having to file a petition for final judgment in circuit court to enforce a voluntary trial outcome, as current law requires, the presiding judge directly enters the final judgment the appointed judge prepares.
AIThe combined statute covering both voluntary binding arbitration and voluntary trial resolution is split apart. Trial resolution moves to a new section with its own rules, while the arbitration provisions stay in place under the original section, now covering arbitration alone.
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, a requirement not stated in current law's sparser trial-resolution provisions.
AICurrent law says filing for voluntary trial resolution, like filing for arbitration, tolls the running of the statute of limitations. That specific tolling language for trial resolution is removed and is not restated in the new section.