The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 44
MEDIATION ALTERNATIVES TO JUDICIAL ACTION

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F.S. 44.104

44.104 Voluntary binding arbitration and voluntary trial resolution.—

(1) Two or more opposing parties who are involved in a civil dispute may agree in writing to submit the controversy to voluntary binding arbitration, or voluntary trial resolution, in lieu of litigation of the issues involved, prior to or after a lawsuit has been filed, provided no constitutional issue is involved.

(2) If the parties have entered into an agreement which provides in voluntary binding arbitration for a method for appointing of one or more arbitrators, or which provides in voluntary trial resolution a method for appointing a member of The Florida Bar in good standing for more than 5 years to act as trial resolution judge, the court shall proceed with the appointment as prescribed. However, in voluntary binding arbitration at least one of the arbitrators, who shall serve as the chief arbitrator, shall meet the qualifications and training requirements adopted pursuant to s. 44.106. In the absence of an agreement, or if the agreement method fails or for any reason cannot be followed, the court, on application of a party, shall appoint one or more qualified arbitrators, or the trial resolution judge, as the case requires.

(3) The arbitrators or trial resolution judge shall be compensated by the parties according to their agreement.

(4) Within 10 days after the submission of the request for binding arbitration, or voluntary trial resolution, the court shall provide for the appointment of the arbitrator or arbitrators, or trial resolution judge, as the case requires. Once appointed, the arbitrators or trial resolution judge shall notify the parties of the time and place for the hearing.

(5) Application for voluntary binding arbitration or voluntary trial resolution shall be filed and fees paid to the clerk of court as if for complaints initiating civil actions. The clerk of the court shall handle and account for these matters in all respects as if they were civil actions, except that the clerk of court shall keep separate the records of the applications for voluntary binding arbitration and the records of the applications for voluntary trial resolution from all other civil actions.

(6) Filing of the application for binding arbitration or voluntary trial resolution will toll the running of the applicable statutes of limitation.

(7) The chief arbitrator or trial resolution judge may administer oaths or affirmations and conduct the proceedings as the rules of court shall provide. At the request of any party, the chief arbitrator or trial resolution judge shall issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence and may apply to the court for orders compelling attendance and production. Subpoenas shall be served and shall be enforceable in the manner provided by law.

(8) A voluntary binding arbitration hearing shall be conducted by all of the arbitrators, but a majority may determine any question and render a final decision. A trial resolution judge shall conduct a voluntary trial resolution hearing. The trial resolution judge may determine any question and render a final decision.

(9) The Florida Evidence Code 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.

(11) Any party may enforce a final decision rendered in a 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.

(12) The harmless error doctrine shall apply in all appeals. No further review shall be permitted unless a constitutional issue is raised.

(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.

(14) This section shall not apply to any dispute involving child custody, visitation, or child support, or to any dispute 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 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.

History.—s. 4, ch. 87-173; s. 4, ch. 89-31; s. 4, ch. 90-188; s. 3, ch. 99-225.

Note.—Former s. 44.304.

F.S. 44.104 on Google Scholar

F.S. 44.104 on Casetext

Amendments to 44.104

Arrestable Offenses / Crimes under Fla. Stat. 44.104

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 44.104.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WINTER GREEN AT WINTER PARK HOMEOWNERS ASSOCIATION, INC. v. WARE, 264 So. 3d 1143 (Fla. App. Ct. 2019)

. . . ."); § 44.104(1), Fla. . . .

MUNILLA CONSTRUCTION MANAGEMENT, LLC, d b a MCM, v. SOUTHEASTERN ENGINEERING CONTRACTORS, INC., 272 So. 3d 430 (Fla. App. Ct. 2019)

. . . (citing § 44.104(11), Fla. . . .

BLOOM, v. IRONHORSE PROPERTY OWNERS ASSOCIATION INC. a, 245 So. 3d 778 (Fla. App. Ct. 2018)

. . . not raise a constitutional issue, we dismiss the appeal for lack of jurisdiction pursuant to section 44.104 . . . No further review shall be permitted unless a constitutional issue is raised. § 44.104(10), (12), Fla . . . Epstein , 219 So.3d 932, 933 (Fla. 4th DCA 2017) ("Pursuant to section 44.104, when parties agree to . . .

BUCHWALD CAPITAL ADVISORS, LLC, FOR GREEKTOWN LITIGATION TRUST, v. SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS In LLC, LLC, v., 584 B.R. 706 (E.D. Mich. 2018)

. . . . § 44.104.) . . .

KAPLAN, v. EPSTEIN,, 219 So. 3d 932 (Fla. Dist. Ct. App. 2017)

. . . affirming an arbitrator’s decision following voluntary binding arbitration conducted pursuant to section 44.104 . . . See id. § 44.104(12). . . . Pursuant to section 44.104, when parties agree to submit to voluntary binding arbitration, their appeal . . . We note, however, that subsection (c)(3) references section 44.104(11), Florida Statutes. . . . in 1999, and the creation of new subdivisions at that time, Rule 1.830(c)(3) should refer to section 44.104 . . .

PUBLIX SUPERMARKETS, INC. v. CONTE, L., 169 So. 3d 1265 (Fla. Dist. Ct. App. 2015)

. . . The parties in this case stipulated to voluntary binding arbitration pursuant to section 44.104, Florida . . .

MERRITT v. OLMHP, LLC, a, 112 So. 3d 559 (Fla. Dist. Ct. App. 2013)

. . . See § 44.104(2), Fla. Stat. (2011). . . . dimension that currently stand as an impediment to broader use of the mechanism provided in section 44.104 . . . Whether section 44.104 contemplates trial by jury in a state-provided courtroom and whether actual jurors . . . The voluntary trial resolution judge presided over a jury trial pursuant to section 44.104(1), Florida . . . Particularly pertinent to our analysis is section 44.104(11): (11) Any party may enforce a final decision . . . The trial court thereafter entered an amended final judgment pursuant to section 44.104(11). . . . See § 44.104(11). We are not convinced that our review involves a reassessment of the facts. . . . We previously allowed an appeal from a section 44.104 order in an insurance coverage case. See W. . . .

MARTINEZ, v. KURT,, 45 So. 3d 961 (Fla. Dist. Ct. App. 2010)

. . . That case interpreted section 44.104, Florida Statutes (2006), as excluding from arbitration “all lawsuits . . . The Toiberman decision held that: the term “dispute” in section 44.104(1) and (14), Florida Statutes . . . Thus, by specifying that section 44.104 “shall not apply to any dispute involving child custody, visitation . . .

M. WITT, v. LA GORCE COUNTRY CLUB, INC. La v. ITT, 35 So. 3d 1033 (Fla. Dist. Ct. App. 2010)

. . . Pursuant to section 44.104, Florida Statutes (2006), the parties agreed to try the case before a trial . . . See section 44.104(11), Florida Statutes (2008) (“Factual findings determined in the voluntary trial . . . Pursuant to section 44.104(11), Florida Statutes, we are bound by the factual findings of the trial resolution . . .

A. TOIBERMAN, v. J. TISERA,, 998 So. 2d 4 (Fla. Dist. Ct. App. 2008)

. . . Section 44.104, Florida Statutes (2006), provides, in pertinent part: (1) Two or more opposing parties . . . Section 44.104(1), (14), Florida Statutes (2006) (emphasis added). . . . The plain language of section 44.104(14) prohibits binding arbitration of child custody, visitation, . . . This determination depends on the meaning of “dispute” within section 44.104. . . . See section 44.104(14), Florida Statutes (2006) (emphasis added). . . . 883 So.2d 352, 356 n. 4 (Fla. 3d DCA 2004), “[w]hile this language would preclude the use of section 44.104 . . . for such a dispute, it leaves open the question whether an arbitration clause excluded from 44.104 might . . . In this case, the former husband is making the argument that section 44.104(14) is jurisdictional. . . . Assuming, without deciding, that section 44.104(14) is a jurisdictional statute, the former husband is . . . Schulberg, we pointed out that although some arbitration agreements may be subject to both section 44.104 . . .

LEON MEDICAL CENTERS, INC. d b a a Dr. F. M. D. F. M. D. P. A. v. MARTELL,, 972 So. 2d 1103 (Fla. Dist. Ct. App. 2008)

. . . It follows that the trial court erred in compelling arbitration under section 44.104, Florida Statutes . . .

FRIENDLY HOMES OF THE SOUTH INC. a v. FONTICE, 932 So. 2d 634 (Fla. Dist. Ct. App. 2006)

. . . , § 44.103, and to order voluntary binding arbitration when opposing parties so agree in writing, § 44.104 . . . arbitration decision when no timely motion for trial de novo has been made after nonbinding arbitration); § 44.104 . . . limited grounds for party to raise in challenging decision rendered in voluntary binding arbitration); § 44.104 . . .

GLOBAL TRAVEL MARKETING, INC. v. R. SHEA,, 908 So. 2d 392 (Fla. 2005)

. . . Thus, with the exception of disputes involving child custody, visitation, or child support, See § 44.104 . . . See § 44.104(14), Fla. Stat. (2004). . . .

SCHULBERG, v. SCHULBERG,, 883 So. 2d 352 (Fla. Dist. Ct. App. 2004)

. . . Subsection 44.104(14) provides, “This section [44.104] shall not apply to any dispute involving child . . . with, and not prohibited by, subsection 44.104(14). . . . First, as presently written, subsection 44.104(14) indicates, "This section [44.104] shall not apply . . . Second, while section 44.104 and chapter 682 are similar, there are some differences. . . . Compare § 44.104(1), Florida Statutes, with id. § 682.02; see also id. § 718.401(1)©. . . .

GENERAL STAR INDEMNITY COMPANY, v. WEST FLORIDA VILLAGE INN, INC. d b a, 874 So. 2d 26 (Fla. Dist. Ct. App. 2004)

. . . parties submitted the matter to voluntary trial resolution in Hillsborough County pursuant to section 44.104 . . . See § 44.104(11). General principles of Florida insurance law guide our resolution of this appeal. . . .

BRASINGTON, v. EMC CORPORATION,, 855 So. 2d 1212 (Fla. Dist. Ct. App. 2003)

. . . See § 44.104(10), Fla. Stat. (2003). In either event, the plaintiff will have an adequate remedy. . . .

DEEN, v. OSTER,, 814 So. 2d 1065 (Fla. Dist. Ct. App. 2001)

. . . He alleged that the arbitration proceedings were governed by section 44.104, Florida Statutes (2000), . . . Section 44.104 which allows for arbitration requires the application of Florida Evidence Code, while . . .

LIBERTY MUTUAL FIRE INSURANCE COMPANY, v. HERNANDEZ, 735 So. 2d 587 (Fla. Dist. Ct. App. 1999)

. . . Arb. 11.030(b) (emphasis added); see § 44.104(8), Fla. Stat. . . .

E. MARTY, v. J. BAINTER,, 709 So. 2d 185 (Fla. Dist. Ct. App. 1998)

. . . Marty appeals both an order of the circuit court by which his section 44.104(10), Florida Statutes, appeal . . . of an arbitration award was dismissed and the consequent section 44.104(11), Florida Statutes, orders . . .

LEE COUNTY, v. FORT MYERS AIRWAYS, INC., 688 So. 2d 389 (Fla. Dist. Ct. App. 1997)

. . . I believe section 44.104(11) gives the trial court sufficient authority to order specific performance . . . There is no case law interpreting section 44.104(11) to the contrary. . . . Section 44.104(11), Florida Statutes (1995), authorizes the trial judge to enter such orders and judgments . . .

MIELE, v. PRUDENTIAL- BACHE SECURITIES, INC., 656 So. 2d 470 (Fla. 1995)

. . . Court-ordered, nonbinding arbitration”) (implemented by Florida Rule of Civil Procedure 1.820), or section 44.104 . . . See, e.g., §§ 44.103, 44.104, Fla.Stat. (1993); Fla. R.Civ.P. 1.700, et seq., 1.800, et seq. . . .

In FLORIDA RULES OF CIVIL PROCEDURE, FLORIDA RULES FOR CERTIFIED AND COURT- APPOINTED MEDIATORS, AND PROPOSED FLORIDA RULES FOR COURT- APPOINTED ARBITRATORS, 641 So. 2d 343 (Fla. 1994)

. . . the court shall determine the amount of compensation subject to the provisions of section 44.304(3) 44.104 . . . Subject to these rules and section 44.304 44.104, Florida Statutes, the parties may, by written agreement . . . Appeal is limited to the grounds specified in section 44.304(10) 44.104(10), Florida Statutes (1987). . . . judgments as required to carry out the terms of the decision as provided under section 44tSQ4(4-1-) 44.104 . . .

H. BENTLEY H. J. v. W. KIRBO, 169 F. Supp. 38 (D. Alaska 1958)

. . . Municipal Corporations § 2048, p. 769; McQuillin, Municipal Corporations, Vol. 16, Sec. 44.104; Hunt . . .