HB 965 — Voluntary Trial Resolution

The trial resolution judge may determine any question and render a final decision.

(9) The Florida Evidence Code applies shall apply to all proceedings under this section.

(10) An appeal of a voluntary binding arbitration decision shall be taken to the circuit court and shall be limited to review on the record and not de novo, of:

(a) Any alleged failure of the arbitrators to comply with the applicable rules of procedure or evidence.

(b) Any alleged partiality or misconduct by an arbitrator prejudicing the rights of any party.

(c) Whether the decision reaches a result contrary to the Constitution of the United States or the State Constitution.

(11) Any party may enforce a final decision rendered in a Page 5 of 13 CODING:

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hb965-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 965 2026 voluntary trial by filing a petition for final judgment in the circuit court in the circuit in which the voluntary trial took place.

Upon entry of final judgment by the circuit court, any party may appeal to the appropriate appellate court.

Factual findings determined in the voluntary trial are not subject to appeal.

(11)(12) The harmless error doctrine applies shall apply in all appeals.

No Further review is not shall be permitted unless a constitutional issue is raised.

(12)(13) If no appeal is taken within the time provided by rules promulgated by the Supreme Court, then the decision shall be referred to the presiding judge in the case, or if one has not been assigned, then to the chief judge of the circuit for assignment to a circuit judge, who shall enter such orders and judgments as are required to carry out the terms of the decision, which orders shall be enforceable by the contempt powers of the court and for which judgments execution shall issue on request of a party.

(13)(14) This section does shall not apply to any dispute involving child custody, visitation, or child support, or to any dispute that which involves the rights of a third party not a party to the arbitration or voluntary trial resolution when the third party would be an indispensable party if the dispute were resolved in court or when the third party notifies the chief arbitrator or the trial resolution judge that the third party Page 6 of 13 CODING:

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hb965-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 965 2026 would be a proper party if the dispute were resolved in court, that the third party intends to intervene in the action in court, and that the third party does not agree to proceed under this section.

Section 2.

Section 44.1045, Florida Statutes, is created to read:

44.1045 Voluntary trial resolution.— (1) As used in this section, the term "presiding judge" means the judge assigned to the case.

(2)(a) The parties to a civil case, a family law case, or a probate case may by written agreement or stipulation agree to the appointment of an individual to serve as a voluntary trial resolution judge to adjudicate all of the remaining issues in the case, subject to the exceptions set forth in subsection (12).

(b) To be eligible to be appointed to serve as a voluntary trial resolution judge, the individual selected by the parties must be a member of The Florida Bar in good standing for more than 5 years.

(c) Any time after an action is filed, the parties may file a written agreement or stipulation to appoint a voluntary trial resolution judge with the clerk of the court in which the action is pending and a joint motion requesting appointment of a voluntary trial resolution judge, selecting the individual whom the parties wish to have appointed.

The joint motion shall be Page 7 of 13 CODING:

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hb965-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 965 2026 accompanied by a form signed by the selected voluntary trial resolution judge consenting to the appointment.

(e) A voluntary trial resolution judge appointed under this subsection must take and subscribe to an oath of office, swearing or affirming that he or she has read and will conform with Canons 1, 2A, and 3, and any other provisions of the Florida Code of Judicial Conduct thatwhich might reasonably be applicable depending on the nature of the judicial function performed, except foras provisionsmodified relatingby tothis disqualificationsection. and recusal which is provided for in subsection (3).

(f) Upon appointment by the presiding judge, a voluntary trial resolution judge shall adjudicate the case until the case is finally determined by adjudication, including posttrial motions and requests for attorney fees, dismissal, or other final disposition, unless disqualification or recusal is Page 48 of 913 CODING:

hb965-00hb965-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 965 2026 motions and requests for attorney fees, dismissal, or other final disposition, unless disqualification or recusal is required pursuant to subsection (3).

The parties may waive the disqualification by filing a written waiver with the clerk of the court within 10 days ofafter such disclosure.

(4) A voluntary trial resolution judge shall be compensated by the parties in such amount, and subject to such Pageterms 5and ofconditions, 9as CODING:provided by the parties in a written agreement or stipulation.

A contract for the services of a Page 9 of 13 CODING:

hb965-00hb965-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 965 2026 termsvoluntary andtrial conditions,resolution asjudge providedmust provide for payment of compensation by the parties into athe writtenvoluntary agreementtrial orresolution stipulation.judge.

AThe contractpresiding forjudge may enforce the servicesterms of a voluntarywritten trialagreement judgeor muststipulation provideagainst forthe paymentparties ofand compensationshall byretain thejurisdiction parties to theenforce voluntarysuch trialagreement judge.or stipulation after entry of any judgment therefrom.

The presiding judge may enforce the terms of a written agreement or stipulation against the parties, and shall retain jurisdiction to enforce such agreement or stipulation after entry of any judgment therefrom.

The chief judge, or his or her designee, shall, upon request of the parties, make available public facilities and personnel in proceedings assigned to a voluntary trial resolution judge to the same extent as for other comparable matters not assigned to a voluntary trial resolution judge.

(6) A voluntary trial resolution judge shall perform all Page 610 of 913 CODING:

hb965-00hb965-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 965 2026 (6) A voluntary trial resolution judge shall perform all judicial functions from the time of appointment by the presiding judge until the case is finally determined by adjudication, including posttrial motions and requests for attorney fees, dismissal, or other final disposition, except for the disposition of a request that a party be held in contempt and the entry of an order with respect to any nonparty to the case.

The presiding judge shall haveenter exclusivethe jurisdictionfinal over enforcement of any judgment andprepared anyby proceedingsthe supplementaryvoluntary filedtrial inresolution thejudge. same action.

The presiding judge shall have exclusive jurisdiction over enforcement of any judgment and any supplementary proceedings filed in the same action.

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The harmless error doctrine applies in Page 7 of 9 CODING:

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AThe partyharmless mayerror notdoctrine seekapplies toin haveany ansuch orderreview. or ruling of a voluntary trial judge reviewed, modified, or overturned by the presiding judge during the voluntary trial resolution judge's appointment.

A party may not seek to have an order or ruling of a voluntary trial resolution judge reviewed, modified, or overturned by the presiding judge during the voluntary trial resolution judge's appointment.

Section 2.3.

44.103,44.103 voluntary trial resolution judges serving under or s.

44.104, mediatorsvoluntary trial resolution judges serving under s.

44.102,44.1045, and trainees fulfilling the mentorship Page 812 of 913 CODING:

hb965-00hb965-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 965 2026 requirementsmediators forserving certificationunder bys. the Supreme Court as a mediator shall have judicial immunity in the same manner and to the same extent as a judge.

Section44.102, 3.and trainees fulfilling the mentorship requirements for certification by the Supreme Court as a mediator shall have judicial immunity in the same manner and to the same extent as a judge.

Section 4.

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