summary
Introduced
01/08/2026
01/08/2026
In Committee
01/16/2026
01/16/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
An act relating to voluntary trial resolution; amending s. 44.104, F.S.; defining the term “presiding judge”; authorizing parties to civil cases, family law cases, or probate cases to, by written agreement or stipulation, agree to the appointment of a voluntary trial resolution judge, subject to certain exceptions; providing that an individual selected by the parties to serve as a voluntary trial resolution judge must meet a specified requirement to be eligible for appointment; authorizing the parties to file such written agreement or stipulation with the clerk of the court any time after the action is filed and to file a joint motion requesting such appointment; requiring that the joint motion be accompanied by a certain form; requiring the parties to promptly serve a copy of the joint motion and form on the presiding judge; requiring the presiding judge to enter a specified order within a certain timeframe; requiring an appointed voluntary trial resolution judge to take and subscribe to a specified oath; providing an exception; requiring a voluntary trial resolution judge to adjudicate a case until a specified finality occurs in the case; requiring that the case be returned to the presiding judge under certain circumstances; requiring immediate disclosure by a voluntary trial resolution judge to the parties of circumstances requiring disqualification; authorizing the parties to waive disqualification by filing a written waiver with the clerk of the court within a specified timeframe; providing construction and applicability; providing for compensation of a voluntary trial resolution judge according to certain terms and conditions; requiring that a contract for the services of a voluntary trial resolution judge provide for payment of such compensation; authorizing the presiding judge to enforce the terms of a written agreement or stipulation and retain jurisdiction in certain circumstances; requiring the presiding judge to retain jurisdiction for a specified purpose; requiring the clerk of the court to treat cases referred to voluntary trial resolution in a specified manner; requiring the chief judge or his or her designee to make available public facilities and personnel in proceedings assigned to a voluntary trial judge in a specified manner; requiring the chief judge and the clerk to coordinate the provision of jurors with a voluntary trial resolution judge for certain proceedings; authorizing the parties to agree to use certain facilities for specified matters; specifying that the parties are responsible for certain costs; providing the scope of judicial functions of a voluntary trial resolution judge; providing an exception; requiring the presiding judge to maintain jurisdiction to perform specified judicial functions; requiring a voluntary trial resolution judge to conduct proceedings under specified rules of court; providing that the Florida Evidence code applies to proceedings governed by the act; requiring that voluntary trial resolution proceedings be noticed and open to the public; providing for judicial review; providing that a specified doctrine applies in such review; providing applicability; amending s. 44.107, F.S.; conforming provisions to changes made by the act; providing an effective date.
AI Summary
This bill establishes a voluntary trial resolution process for civil, family law, and probate cases in Florida, allowing parties to agree in writing to appoint a "voluntary trial resolution judge" to handle their case from appointment until final resolution, provided the chosen individual has been a member of The Florida Bar for over five years. The presiding judge, meaning the judge initially assigned to the case, must appoint this voluntary judge within 10 days of the parties filing a joint motion and a consent form, and this appointed judge will be compensated by the parties as agreed. The voluntary judge must take an oath and adhere to judicial conduct rules, with specific provisions for disqualification and recusal, and if they cannot serve, the case returns to the presiding judge. The presiding judge retains jurisdiction for certain matters like contempt and enforcing judgments, while the voluntary judge handles all other judicial functions, with proceedings generally open to the public and subject to the Florida Evidence Code. This process is not applicable to cases involving the constitutionality of a statute, child custody or support, or certain disputes with third parties who do not agree to the process. Additionally, the bill grants judicial immunity to these voluntary trial resolution judges, similar to other dispute resolution professionals, and will take effect on July 1, 2026.
Sponsors (1)
Last Action
Introduced (on 01/22/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.flsenate.gov/Session/Bill/2026/1424 |
| BillText | https://www.flsenate.gov/Session/Bill/2026/1424/BillText/Filed/HTML |
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