Florida Statute 44.103 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 44
MEDIATION ALTERNATIVES TO JUDICIAL ACTION

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F.S. 44.103

44.103 Court-ordered, nonbinding arbitration.—

(1) Court-ordered, nonbinding arbitration shall be conducted according to the rules of practice and procedure adopted by the Supreme Court.

(2) A court, pursuant to rules adopted by the Supreme Court, may refer any contested civil action filed in a circuit or county court to nonbinding arbitration.

(3) Arbitrators shall be selected and compensated in accordance with rules adopted by the Supreme Court. Arbitrators shall be compensated by the parties, or, upon a finding by the court that a party is indigent, an arbitrator may be partially or fully compensated from state funds according to the party’s present ability to pay. At no time may an arbitrator charge more than $1,500 per diem, unless the parties agree otherwise. Prior to approving the use of state funds to reimburse an arbitrator, the court must ensure that the party reimburses the portion of the total cost that the party is immediately able to pay and that the party has agreed to a payment plan established by the clerk of the court that will fully reimburse the state for the balance of all state costs for both the arbitrator and any costs of administering the payment plan and any collection efforts that may be necessary in the future. Whenever possible, qualified individuals who have volunteered their time to serve as arbitrators shall be appointed. If an arbitration program is funded pursuant to s. 44.108, volunteer arbitrators shall be entitled to be reimbursed pursuant to s. 112.061 for all actual expenses necessitated by service as an arbitrator.

(4) An arbitrator or, in the case of a panel, the chief arbitrator, shall have such power to administer oaths or affirmations and to conduct the proceedings as the rules of court shall provide. The hearing shall be conducted informally. Presentation of testimony and evidence shall be kept to a minimum, and matters shall be presented to the arbitrators primarily through the statements and arguments of counsel. Any party to the arbitration may petition the court in the underlying action, for good cause shown, to authorize the arbitrator to issue subpoenas for the attendance of witnesses and the production of books, records, documents, and other evidence at the arbitration and may petition the court for orders compelling such attendance and production at the arbitration. Subpoenas shall be served and shall be enforceable in the manner provided by law.

(5) The arbitration decision shall be presented to the parties in writing. An arbitration decision shall be final if a request for a trial de novo is not filed within the time provided by rules promulgated by the Supreme Court. The decision shall not be made known to the judge who may preside over the case unless no request for trial de novo is made as herein provided or unless otherwise provided by law. If no request for trial de novo is made within the time provided, the decision shall be referred to the presiding judge in the case 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.

(6) Upon motion made by either party within 30 days after entry of judgment, the court may assess costs against the party requesting a trial de novo, including arbitration costs, court costs, reasonable attorney’s fees, and other reasonable costs such as investigation expenses and expenses for expert or other testimony which were incurred after the arbitration hearing and continuing through the trial of the case in accordance with the guidelines for taxation of costs as adopted by the Supreme Court. Such costs may be assessed if:

(a) The plaintiff, having filed for a trial de novo, obtains a judgment at trial which is at least 25 percent less than the arbitration award. In such instance, the costs and attorney’s fees pursuant to this section shall be set off against the award. When the costs and attorney’s fees pursuant to this section total more than the amount of the judgment, the court shall enter judgment for the defendant against the plaintiff for the amount of the costs and attorney’s fees, less the amount of the award to the plaintiff. For purposes of a determination under this paragraph, the term “judgment” means the amount of the net judgment entered, plus all taxable costs pursuant to the guidelines for taxation of costs as adopted by the Supreme Court, plus any postarbitration collateral source payments received or due as of the date of the judgment, and plus any postarbitration settlement amounts by which the verdict was reduced; or

(b) The defendant, having filed for a trial de novo, has a judgment entered against the defendant which is at least 25 percent more than the arbitration award. For purposes of a determination under this paragraph, the term “judgment” means the amount of the net judgment entered, plus any postarbitration settlement amounts by which the verdict was reduced.

History.—s. 3, ch. 87-173; s. 3, ch. 89-31; s. 3, ch. 90-188; s. 3, ch. 93-161; s. 43, ch. 2004-265; s. 32, ch. 2005-236; s. 1, ch. 2007-206.

Note.—Former s. 44.303.

F.S. 44.103 on Google Scholar

F.S. 44.103 on Casetext

Amendments to 44.103

Arrestable Offenses / Crimes under Fla. Stat. 44.103

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 44.103.

Annotations, Discussions, Cases:

Cases Citing Statute 44.103

Total Results: 20

Melissa Beth Epps, and B.M., by and Through Melissa Beth Epps, as Parent and Natural Guardian v. Tricia Marie Maro Robin John Maro

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-01T00:00:00-07:00

Snippet: 2 pursuant to section 44.103, Florida Statutes (2023). The trial court must

THE CITY OF NAPLES v. HEIDI WOLFF AND JOSEPH WOLFF

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-12T00:00:00-07:00

Snippet: parties to nonbinding arbitration pursuant to section 44.103, Florida Statutes (2022), and Florida Rule of …Civil Procedure 1.090.1 We reverse. Section 44.103(5) provides that a nonbinding arbitration decision…nonbinding arbitration, the legislature, in section 44.103(5), expressly deferred to the rules promulgated… which interact with rule 1.820(h) and section 44.103(5), as the movant in that case had not raised any

Lawnwood Medical Center, Inc., d/b/a Lawnwood Healthcare Specialists, LLC v. Gwendolyn Rouse, as Personal Representative of the Estate of Marleana Rouse

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-03T00:00:00-07:00

Snippet: section 44.103, Florida Statutes (2021), and Florida Rule of Civil Procedure 1.820. Section 44.103 pertinently…GERBER, J. In this appeal, we enforce section 44.103(5), Florida Statutes (2021), which provides: “An…the [arbitration] decision as provided by section 44.103(5), Florida Statutes.” We issue this opinion…. That precedent clearly conflicts with section 44.103(5) and rule 1.820(h), and no valid reliance interest…carry out the terms of the decision …. § 44.103(2), (5), Fla. Stat. (2021) (emphases added).

Mindy Lee v. Animal Aid, Inc. and Rhoda Mann

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-12T00:00:00-07:00

Snippet: provided by section 44.103(5), Florida Statutes.” Fla. R. Civ. P. 1.820(h); § 44.103(5), Fla. Stat. (2018

In Re: Amendments to the Florida Rules of Civil Procedure

Court: Fla. | Date Filed: 2024-06-06T00:00:00-07:00

Snippet: the existing procedures 2. Under section 44.103(5), Florida Statutes (2023), an arbitrator’s “decision…other such duties as are prescribed byunder section 44.103, Florida Statutes. The chief arbitrator shalldoes…the terms of the decision as provided by section 44.103(5), Florida Statutes.

Mindy Lee v. Animal Aid, Inc. and Rhoda Mann

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-28T00:00:00-08:00

Snippet: provided by section 44.103(5), Florida Statutes.” Fla. R. Civ. P. 1.820(h); § 44.103(5), Fla. Stat. (2018

VITESSE, INC. and MONOCLE MANAGEMENT LIMITED, INC. v. MAPL ASSOCIATES LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-22T00:53:00-07:00

Snippet: appropriately request trial de novo pursuant to section 44.103(5), Florida Statutes (2020), and Florida Rule of… refer civil cases to nonbinding arbitration. § 44.103(2), Fla. Stat. (2020). Once referred, the arbitration…provided by rules promulgated by the Supreme Court.” § 44.103(5), Fla. Stat. (2020). Rule 1.820(h) provides that… for trial.” Id. at 324. The purpose of section 44.103 is fulfilled when a party is placed on reasonable… timely and substantially complied with section 44.103 and rule 1.820(h). See id. We reverse and remand

AMERICAN PLATINUM PROPERTY AND CASUALTY INSURANCE COMPANY vs DAVID SWANK

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-19T00:00:00-07:00

Snippet: referred the matter to non-binding arbitration. See § 44.103, Fla. Stat. (2020); Fla. R. Civ. P. 1.820. American…trial de novo, the decision becomes binding. See § 44.103(5); Fla. R. Civ. P. 1.820(h). In a multi-party

QUATERA SHENEQUA GOULD n/k/a NASSIA BIANCA QUATERA ARENAS v. FAIRWINDS MOTEL, INC. d/b/a AMERICA'S BEST INN & SUITES

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-13T00:53:00-07:00

Snippet: to request a trial de novo, pursuant to section 44.103(5), Florida Statutes, and Florida Rule of Civil

JOHN DE ACOSTA AND CARMEN DE ACOSTA v. NAPLES COMMUNITY HOSPITAL INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-25T00:53:00-07:00

Snippet: the decision as provided by section 44.103(5)." Section 44.103(5), in turn, provides in relevant …trial de novo within the time required by section 44.103(5), Florida Statutes (2017), and rule 1.820(h)…its favor pursuant to rule 1.820(h) and section 44.103(5). Such conduct appears to be in the nature of…respectfully dissent because the language of section 44.103(5), Florida Statutes (2017), and Florida Rule …rules promulgated by the Supreme Court." § 44.103(5) (emphasis added). "If no request for trial

FOUNTAINBLEAU, L L C v. HIRE US, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-07T00:53:00-07:00

Snippet: parties to nonbinding arbitration pursuant to section 44.103, Florida Statutes (2018), the court did not reference…during the hearing or in the order on review. See § 44.103(2) ("A court, pursuant to rules adopted by…invoke the nonbinding arbitration statute, section 44.103, Florida Statutes (2018), and refer the action

Fountainbleau, LLC v. Hire US, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-07T00:00:00-07:00

Citation: 273 So. 3d 1152

Snippet: invoke the nonbinding arbitration statute, section 44.103, Florida Statutes (2018), and refer the action …parties to nonbinding arbitration pursuant to section 44.103, Florida Statutes (2018), the court did not reference…during the hearing or in the order on review. See § 44.103(2) ("A court, pursuant to rules adopted by

Fountainbleau, LLC v. Hire US, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-07T00:00:00-07:00

Citation: 273 So. 3d 1152

Winter Green At Winter Park Homeowners Ass'n, Inc. v. Ware

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-22T00:00:00-08:00

Citation: 264 So. 3d 1143

Snippet: voluntarily stipulate to binding arbitration. See § 44.103(2), Fla. Stat. (2017) ("A court, pursuant

Winter Green At Winter Park Homeowners Ass'n, Inc. v. Ware

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-22T00:00:00-08:00

Citation: 264 So. 3d 1143

Snippet: voluntarily stipulate to binding arbitration. See § 44.103(2), Fla. Stat. (2017) ("A court, pursuant

LeShannon Jerome Shelly v. State of Florida

Court: Fla. | Date Filed: 2018-12-13T00:00:00-08:00

Citation: 262 So. 3d 1

Snippet: communication. Compare Bradshaw , 462 U.S. at 1043-44, 103 S.Ct. 2830 (holding that suspect's unprompted

Harold v. Sanders

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-11T00:00:00-07:00

Citation: 159 So. 3d 338, 2015 Fla. App. LEXIS 3394, 2015 WL 1034621

Snippet: were timely under section 44.103 and rules 1.820(h) and 1.090(e). Section 44.103 sets forth the process …decision as provided by section 44.103(5), Florida Statutes. Thus, section 44.103(5) and rule 1.820(h) provide… SILBERMAN, Judge. Section 44.103, Florida Statutes (2012), and Florida Rule of Civil Procedure…1.090(e) contravenes the express intent of section 44.103(5) and rule 1.820(h) that a party’s *340right to…persuaded by these arguments because neither section 44.103(5) nor rule 1.820(h) provides that rule 1.090(e

Alexander v. Quail Pointe II Condominium

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-06T00:00:00-08:00

Citation: 170 So. 3d 817, 2015 Fla. App. LEXIS 3148, 2015 WL 965668

Snippet: Florida Rule of Civil Procedure 1.820 and section 44.103, Florida Statutes (2011), mandate entry of a confirmatory…arbitration is governed substantively by section 44.103, Florida Statutes, and procedurally by rule 1.820…filed after the arbitration decision is served. § 44.103(5), Fla. Stat. (2011). Nonbinding arbitration has

Chastain v. Chastain

Court: Fla. Dist. Ct. App. | Date Filed: 2013-08-23T00:00:00-07:00

Citation: 119 So. 3d 547, 2013 WL 4488692, 2013 Fla. App. LEXIS 13480

Snippet: proposal for settlement which was rejected and section 44.103(6), Florida Statutes, based upon Appellants/Cross-Appellees…entitled to attorney’s fees under sections 768.79 and 44.103. Following an evidentia-ry hearing, the trial court…Cross-Appellants were also entitled to fees under section 44.103, which is a finding that has not been challenged…Appellees/Cross-Appel-lants pursuant to section 44.103. As for Appellants/Cross-Appellees, the trial court

Saltzman v. Hadlock

Court: Fla. Dist. Ct. App. | Date Filed: 2013-05-17T00:00:00-07:00

Citation: 112 So. 3d 772, 2013 WL 2113799, 2013 Fla. App. LEXIS 7971

Snippet: Had-lock. On appeal, Dr. Saltzman argues that section 44.103(6), Florida Statutes (2002), requires the trial…requested a jury trial de novo pursuant to section 44.103(5), Florida Statutes (2002), and Florida Rule of…motion *774for attorney’s fees pursuant to section 44.103(6), which the trial court denied. This appeal ensued… 66 So.3d 336, 340 (Fla. 5th DCA 2011). Section 44.103(6), Florida Statutes (2002), provides that “[t]…suggests that such an interpretation of section 44.103(6) effectuates the statute’s purpose — to discourage