Florida Statute 44.104 - Full Text and Legal Analysis

The 2025 Florida Statutes

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 CourtListener

Amendments to 44.104

Annotations, Discussions, Cases:

Cases Citing Statute 44.104

Total Results: 29

Global Travel Marketing, Inc. v. Shea

908 So. 2d 392, 30 Fla. L. Weekly Supp. 511, 2005 Fla. LEXIS 1454, 2005 WL 1576244

Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1724821

Cited 44 times | Published

child custody, visitation, or child support, See § 44.104(14), Fla. Stat. (2004), the Legislature has not

General Star Indem. Co. v. W. Fla. Village Inn, Inc.

874 So. 2d 26, 2004 WL 912604

District Court of Appeal of Florida | Filed: Apr 30, 2004 | Docket: 1738250

Cited 34 times | Published

resolution in Hillsborough County pursuant to section 44.104, Florida Statutes (2001). Following a bench

Miele v. Prudential-Bache Securities, Inc.

656 So. 2d 470, 20 Fla. L. Weekly Supp. 260, 1995 Fla. LEXIS 954, 1995 WL 337998

Supreme Court of Florida | Filed: Jun 8, 1995 | Docket: 1283708

Cited 29 times | Published

Florida Rule of Civil Procedure 1.820), or section 44.104, Florida Statutes (1993) ("Voluntary binding

Brasington v. EMC Corp.

855 So. 2d 1212, 20 I.E.R. Cas. (BNA) 840, 2003 Fla. App. LEXIS 15268, 2003 WL 22326664

District Court of Appeal of Florida | Filed: Oct 13, 2003 | Docket: 1510898

Cited 13 times | Published

may appeal the ruling to the circuit court. See § 44.104(10), Fla. Stat. (2003). In either event, the plaintiff

Liberty Mut. Fire Ins. Co. v. Hernandez

735 So. 2d 587, 1999 WL 436575

District Court of Appeal of Florida | Filed: Jun 30, 1999 | Docket: 1431324

Cited 5 times | Published

" Fla. R. Arb. 11.030(b) (emphasis added); see § 44.104(8), Fla. Stat. ("The hearing shall be conducted

Witt v. La Gorce Country Club, Inc.

35 So. 3d 1033, 2010 Fla. App. LEXIS 8160, 2010 WL 2292104

District Court of Appeal of Florida | Filed: Jun 9, 2010 | Docket: 1144910

Cited 4 times | Published

of the GMWA Agreements by GMWA. Pursuant to section 44.104, Florida Statutes (2006), the parties agreed

Toiberman v. Tisera

998 So. 2d 4, 33 Fla. L. Weekly Fed. D 2373

District Court of Appeal of Florida | Filed: Oct 8, 2008 | Docket: 1701394

Cited 4 times | Published

arbitrate all "issues" between them, contravenes section 44.104, Florida Statutes (2006), which specifically

FRIENDLY HOMES OF THE SOUTH INC. v. Fontice

932 So. 2d 634, 2006 WL 1879000

District Court of Appeal of Florida | Filed: Jul 7, 2006 | Docket: 1285602

Cited 3 times | Published

arbitration when opposing parties so agree in writing, § 44.104. The supreme court has adopted rules for these

Publix Supermarkets, Inc. v. Faith Conte, as Personal Representative of the Estate of Susan L. Moore

169 So. 3d 1265, 2015 Fla. App. LEXIS 11399

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679158

Cited 2 times | Published

to voluntary binding arbitration pursuant to section 44.104, Florida Statutes. Under the terms of their

Marty v. Bainter

709 So. 2d 185, 1998 WL 161199

District Court of Appeal of Florida | Filed: Apr 9, 1998 | Docket: 2571262

Cited 2 times | Published

an order of the circuit court by which his section 44.104(10), Florida Statutes, appeal of an arbitration

Schulberg v. Schulberg

883 So. 2d 352, 2004 WL 2101991

District Court of Appeal of Florida | Filed: Sep 22, 2004 | Docket: 1370052

Cited 1 times | Published

arbitration of child support. She points to section 44.104, Florida Statutes (2003), which addresses voluntary

Andria Pardes, Etc. v. Jill Pardes, Etc.

District Court of Appeal of Florida | Filed: Jan 2, 2025 | Docket: 69512415

Published

resolution of various matters pursuant to section 44.104, Florida Statutes. Jill Pardes, as personal

In Re: Amendments to Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, and Florida Rules of Appellate Procedure

Supreme Court of Florida | Filed: Jul 14, 2022 | Docket: 63591315

Published

Hearing Procedures. Subject to these rules and section 44.104, Florida Statutes, the parties may, by written

In Re: Amendments to Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, and Florida Rules of Appellate Procedure

Supreme Court of Florida | Filed: Jul 14, 2022 | Docket: 63591315

Published

Hearing Procedures. Subject to these rules and section 44.104, Florida Statutes, the parties may, by written

JILL PARDES, etc. v. ANDRIA PARDES

District Court of Appeal of Florida | Filed: Oct 27, 2021 | Docket: 60677187

Published

provided no constitutional issue is involved.” § 44.104(1), Fla. Stat. (2019) (entitled “Voluntary binding

COMMUNITY/CONDOTTE/DE MOYA JV v. CIRCUIT COURT JUDGE

District Court of Appeal of Florida | Filed: Jul 14, 2021 | Docket: 60056689

Published

appointment of a trial resolution judge pursuant to section 44.104, Florida Statutes, (2020). We grant the petition

TUTOR PERINI BUILDING CORP. v. AMERICAN EDUCATIONAL ENTERPRISES, LLC

District Court of Appeal of Florida | Filed: Jun 16, 2021 | Docket: 59988811

Published

GORDO, JJ. PER CURIAM. Affirmed. See § 44.104(11), Fla. Stat. (2020) (“Factual findings determined

In Re: Amendments to the Florida Rules of Civil Procedure - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Apr 16, 2020 | Docket: 17073632

Published

the terms of the decision as provided under section 44.104(11), Florida Statutes.

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

264 So. 3d 1143

District Court of Appeal of Florida | Filed: Feb 22, 2019 | Docket: 64705123

Published

or county court to nonbinding arbitration."); § 44.104(1), Fla. Stat. (2017) ("Two or more opposing parties

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

264 So. 3d 1143

District Court of Appeal of Florida | Filed: Feb 22, 2019 | Docket: 64705122

Published

or county court to nonbinding arbitration."); § 44.104(1), Fla. Stat. (2017) ("Two or more opposing parties

Munilla Constr. Mgmt., LLC v. Se. Eng'g Contractors, Inc.

272 So. 3d 430

District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 64714675

Published

of fact are not reviewable on appeal." (citing § 44.104(11), Fla. Stat. (2008) ("Factual findings determined

Munilla Constr. Mgmt., LLC v. Se. Eng'g Contractors, Inc.

272 So. 3d 430

District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 64714676

Published

of fact are not reviewable on appeal." (citing § 44.104(11), Fla. Stat. (2008) ("Factual findings determined

AUDRIE BLOOM v. IRONHORSE PROPERTY OWNERS ASSOCIATION, INC

245 So. 3d 778

District Court of Appeal of Florida | Filed: Apr 11, 2018 | Docket: 6360303

Published

appeal for lack of jurisdiction pursuant to section 44.104, Florida Statutes (2016): (10) An appeal

Kaplan v. Epstein

219 So. 3d 932, 2017 WL 1718817, 2017 Fla. App. LEXIS 6182

District Court of Appeal of Florida | Filed: May 3, 2017 | Docket: 60266977

Published

voluntary binding arbitration conducted pursuant to section 44.104, Florida Statutes (2015). Because that statute

Merritt v. OLMHP, LLC

112 So. 3d 559, 2013 WL 1442167, 2013 Fla. App. LEXIS 5737

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60231151

Published

experience can serve as such a voluntary judge. See § 44.104(2), Fla. Stat. (2011). The issues raised in footnote

Martinez v. Kurt

45 So. 3d 961, 2010 Fla. App. LEXIS 15558, 2010 WL 3984798

District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 2396740

Published

opinion in Toiberman. That case interpreted section 44.104, Florida Statutes (2006), as excluding from

LEON MEDICAL CENTERS, INC. v. Martell

972 So. 2d 1103, 2008 WL 239029

District Court of Appeal of Florida | Filed: Jan 30, 2008 | Docket: 1159170

Published

court erred in compelling arbitration under section 44.104, Florida Statutes, and in ruling that section

Deen v. Oster

814 So. 2d 1065, 2001 WL 1577073

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 1717804

Published

the arbitration proceedings were governed by section 44.104, Florida Statutes (2000), which required compliance

Lee County v. Fort Myers Airways, Inc.

688 So. 2d 389, 1997 Fla. App. LEXIS 931, 1997 WL 47568

District Court of Appeal of Florida | Filed: Feb 7, 1997 | Docket: 64771231

Published

arbitrators as to Lee County’s breach. I believe section 44.104(11) gives the trial court sufficient authority