S 1424

Florida Senate - 2026  SB 1424
By Senator Berman
26-00704A-26  20261424__
1A bill to be entitled
2An act relating to voluntary trial resolution;
3amending s. 44.104, F.S.; defining the term “presiding
4judge”; authorizing parties to civil cases, family law
5cases, or probate cases to, by written agreement or
6stipulation, agree to the appointment of a voluntary
7trial resolution judge, subject to certain exceptions;
8providing that an individual selected by the parties
9to serve as a voluntary trial resolution judge must
10meet a specified requirement to be eligible for
11appointment; authorizing the parties to file such
12written agreement or stipulation with the clerk of the
13court any time after the action is filed and to file a
14joint motion requesting such appointment; requiring
15that the joint motion be accompanied by a certain
16form; requiring the parties to promptly serve a copy
17of the joint motion and form on the presiding judge;
18requiring the presiding judge to enter a specified
19order within a certain timeframe; requiring an
20appointed voluntary trial resolution judge to take and
21subscribe to a specified oath; providing an exception;
22requiring a voluntary trial resolution judge to
23adjudicate a case until a specified finality occurs in
24the case; requiring that the case be returned to the
25presiding judge under certain circumstances; requiring
26immediate disclosure by a voluntary trial resolution
27judge to the parties of circumstances requiring
28disqualification; authorizing the parties to waive
29disqualification by filing a written waiver with the
30clerk of the court within a specified timeframe;
31providing construction and applicability; providing
32for compensation of a voluntary trial resolution judge
33according to certain terms and conditions; requiring
34that a contract for the services of a voluntary trial
35resolution judge provide for payment of such
36compensation; authorizing the presiding judge to
37enforce the terms of a written agreement or
38stipulation and retain jurisdiction in certain
39circumstances; requiring the presiding judge to retain
40jurisdiction for a specified purpose; requiring the
41clerk of the court to treat cases referred to
42voluntary trial resolution in a specified manner;
43requiring the chief judge or his or her designee to
44make available public facilities and personnel in
45proceedings assigned to a voluntary trial judge in a
46specified manner; requiring the chief judge and the
47clerk to coordinate the provision of jurors with a
48voluntary trial resolution judge for certain
49proceedings; authorizing the parties to agree to use
50certain facilities for specified matters; specifying
51that the parties are responsible for certain costs;
52providing the scope of judicial functions of a
53voluntary trial resolution judge; providing an
54exception; requiring the presiding judge to maintain
55jurisdiction to perform specified judicial functions;
56requiring a voluntary trial resolution judge to
57conduct proceedings under specified rules of court;
58providing that the Florida Evidence code applies to
59proceedings governed by the act; requiring that
60voluntary trial resolution proceedings be noticed and
61open to the public; providing for judicial review;
62providing that a specified doctrine applies in such
63review; providing applicability; amending s. 44.107,
64F.S.; conforming provisions to changes made by the
65act; providing an effective date.
66
67Be It Enacted by the Legislature of the State of Florida:
68
69Section 1. Section 44.104, Florida Statutes, is amended to
70read:
71(Substantial rewording of section. See
72s. 44.104, F.S., for present text.)
7344.104Voluntary trial resolution.—
74(1)As used in this section, the term “presiding judge”
75means the judge assigned to the case.
76(2)(a)The parties to a civil case, a family law case, or a
77probate case may by written agreement or stipulation agree to
78the appointment of an individual to serve as a voluntary trial
79resolution judge to adjudicate all of the remaining issues in
80the case, subject to the exceptions set forth in subsection
81(12).
82(b)To be eligible to be appointed to serve as a voluntary
83trial resolution judge, the individual selected by the parties
84must be a member of The Florida Bar in good standing for longer
85than 5 years.
86(c)Any time after an action is filed, the parties may file
87a written agreement or stipulation to appoint a voluntary trial
88resolution judge with the clerk of the court in which the action
89is pending and may file a joint motion requesting appointment of
90a voluntary trial resolution judge, selecting the individual
91whom the parties wish to have appointed. The joint motion must
92be accompanied by a form signed by the selected voluntary trial
93resolution judge consenting to the appointment. The parties
94shall promptly serve a copy of the joint motion and form on the
95presiding judge.
96(d)Within 10 days after the submission of the request for
97appointment of a voluntary trial resolution judge, the presiding
98judge shall enter an order appointing the voluntary trial
99resolution judge selected by the parties. The order designating
100the voluntary trial resolution judge must be signed by the
101presiding judge, refer to the parties’ written agreement or
102stipulation, and provide that the voluntary trial resolution
103judge be compensated by the parties in accordance with the terms
104of the parties’ agreement or stipulation.
105(e)A voluntary trial resolution judge appointed under this
106subsection shall take and subscribe to an oath of office,
107swearing or affirming that he or she has read and will conform
108with Canons 1, 2A, and 3, and any other provisions of the
109Florida Code of Judicial Conduct which might reasonably be
110applicable depending on the nature of the judicial function
111performed, except for provisions relating to disqualification
112and recusal which are provided for in subsection (3).
113(f)Upon appointment by the presiding judge, a voluntary
114trial resolution judge shall adjudicate the case until the case
115is finally determined by adjudication, including posttrial
116motions and requests for attorney fees, dismissal, or other
117final disposition, unless disqualification or recusal is
118required pursuant to subsection (3).
119(g)If a voluntary trial resolution judge appointed under
120this subsection cannot serve in that capacity for any reason,
121absent further agreement or stipulation by the parties to
122appoint another individual to serve as voluntary trial
123resolution judge, the case must be returned to the presiding
124judge.
125(3)Where circumstances exist that require disqualification
126of a judge under Canon 3E of the Florida Code of Judicial
127Conduct, a voluntary trial resolution judge must immediately
128disclose, on the record, to the parties the grounds for
129disqualification. The parties may waive the disqualification by
130filing a written waiver with the clerk of the court within 10
131days after such disclosure. This subsection does not limit the
132authority of a voluntary trial resolution judge to enter an
133order of recusal. Sections 38.02 and 38.10 and Florida Rules of
134General Practice and Judicial Administration 2.330 apply to any
135motion to disqualify a voluntary trial resolution judge. In the
136event of recusal, or if a motion to disqualify a voluntary trial
137resolution judge is granted, the case must be returned to the
138presiding judge.
139(4)A voluntary trial resolution judge shall be compensated
140by the parties in such amount, and subject to such terms and
141conditions, as provided by the parties in a written agreement or
142stipulation. A contract for the services of a voluntary trial
143resolution judge must provide for payment of compensation by the
144parties to the voluntary trial judge. The presiding judge may
145enforce the terms of a written agreement or stipulation against
146the parties, and shall retain jurisdiction to enforce such
147agreement or stipulation after entry of any judgment therefrom.
148(5)The clerk of the court shall treat cases referred to
149voluntary trial resolution the same as any other comparable
150action, except that the clerk of court shall keep separate the
151records of the applications for voluntary trial resolution from
152all other comparable actions. The chief judge or his or her
153designee shall, upon request of the parties, make available
154public facilities and personnel in proceedings assigned to a
155voluntary trial judge to the same extent as for other comparable
156matters not assigned to a voluntary trial judge. For proceedings
157requiring a jury to be empaneled, the chief judge and the clerk
158of the court shall coordinate the provision of jurors with the
159voluntary trial resolution judge. For all other proceedings, the
160parties may agree to use facilities other than circuit or county
161court facilities. The parties are responsible for any
162compensation to personnel and any costs in relation to the case,
163including, but not limited to, the costs associated with the use
164of such facilities and any materials that are not provided by
165the court.
166(6)A voluntary trial resolution judge shall perform all
167judicial functions from the time of appointment by the presiding
168judge until the case is finally determined by adjudication,
169including posttrial motions and requests for attorney fees,
170dismissal, or other final disposition, except for the
171disposition of a request that a party be held in contempt and
172the entry of an order with respect to any nonparty to the case.
173The presiding judge shall maintain jurisdiction to exercise
174contempt power and to enforce a subpoena issued to any nonparty
175to the case. The presiding judge shall have exclusive
176jurisdiction over enforcement of any judgment and any
177supplementary proceedings filed in the same action.
178(7)A voluntary trial resolution judge shall conduct
179proceedings under this section pursuant to the Florida Rules of
180Civil Procedure, the Family Law Rules of Procedure, or the
181Probate Rules, as applicable.
182(8)The Florida Evidence Code applies to all proceedings
183under this section.
184(9)Voluntary trial resolution proceedings shall be noticed
185and open to the public to the same extent as if such proceedings
186were before the presiding judge.
187(10)A party may seek review of a nonfinal order or a final
188judgment rendered by a voluntary trial resolution judge in the
189same manner as a nonfinal order or a final judgment rendered by
190the presiding judge. The harmless error doctrine applies in any
191such review. A party may not seek to have an order or ruling of
192a voluntary trial judge reviewed, modified, or overturned by the
193presiding judge during the voluntary trial resolution judge’s
194appointment.
195(11)Except as provided in subsection (12), voluntary trial
196resolution is available in all civil, family, and probate cases.
197(12)This section does not apply to any dispute involving
198the constitutionality of a statute; child custody, visitation,
199or child support; or to any dispute involving the rights of a
200third party who is not a party to the voluntary trial resolution
201proceedings when the third party would be an indispensable party
202if the dispute were resolved in court or when the third party
203notifies the voluntary trial resolution judge that the third
204party would be a proper party if the dispute were resolved in
205court, that the third party intends to intervene in the action,
206and that the third party does not agree to proceed under this
207section.
208Section 2. Subsection (1) of section 44.107, Florida
209Statutes, is amended to read:
21044.107 Immunity for arbitrators, voluntary trial resolution
211judges, mediators, and mediator trainees.—
212(1) Arbitrators serving under s. 44.103, voluntary trial
213resolution judges serving under [or] s. 44.104, mediators serving
214under s. 44.102, and trainees fulfilling the mentorship
215requirements for certification by the Supreme Court as a
216mediator shall have judicial immunity in the same manner and to
217the same extent as a judge.
218Section 3. This act shall take effect July 1, 2026.