The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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(2) Hearing Procedures. Subject to these rules and section 44.104, Florida Statutes, the parties may, by written agreement before the hearing, establish the hearing procedures for voluntary binding arbitration , including the use of communication technology as that term is defined in Florida Rule of General Practice and Judicial Administration 2.530. In the absence of such agreement, the court shall establish the hearing procedures. (b)-(c) [No Change]There is no overlap between an order compelling arbitration of a claim pursuant to section 682.03, Florida Statutes ; and a referral to mediation or arbitration under rules of civil procedure like 1.700. The statutory provisions of chapter 682 effectuate a policy that courts uphold and enforce contractual agreements to arbitrate. The mediation and arbitration rules are adjunct to the Legislature's separate policy in favor of voluntary dispute resolution, as set out in chapter 44, Florida Statutes. See, e.g. , § 44.102(1), Fla. Stat. (providing for court-ordered mediation in accordance with "rules of practice and procedure adopted by the Supreme Court"); § 44.103(1) (providing for court-ordered, nonbinding arbitration in accordance with "rules of practice and procedure adopted by the Supreme Court"); cf. § 44.104, Fla. Stat. (providing for "voluntary binding arbitration" by written agreement, "in lieu of litigation," after a "civil dispute" has arisen). The two processes are mutually exclusive, so the trial court's referral to arbitration under rule 1.700 was in direct contravention of this court's mandate affirming its earlier order compelling arbitration and staying… This case, however, is atypical in one important respect: It was tried before a voluntary trial resolution judge, pursuant to section 44.104, Florida Statutes. As such, the parties are bound by the provisions of that law, including section 44.104(11), which provides:Section 44.104, titled "Mediation Alternatives to Judicial Action," provides, in pertinent part:Affirmed. See § 44.104(11), Fla. Stat. (2020) ("Factual findings determined in the voluntary trial are not subject to appeal.").PER CURIAM. Affirmed. See Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933, 935 (Fla. 3d DCA 2019) (holding "we find no abuse of discretion in the trial court's denial of the insureds' motion for rehearing premised upon new evidence."); Coffman Realty, Inc. v. Tosohatchee Game Pres., Inc., 381 So. 2d 1164, 1167 (Fla. 5th DCA 1980) ("it is not an abuse of discretion for a trial judge to hold that an affidavit filed with a petition for rehearing is too late"), opinion approved of, 413 So. 2d 1 (Fla. 1982) ; see also § 44.104(11), Fla. Stat. ("Factual findings determined in the voluntary trial are not subject to appeal.").(3) If no appeal is filed within the time period set out in subdivision (2) of this rule, the decision shall be referred to the presiding judge who shall enter such orders and judgments as required to carry out the terms of the decision as provided under section 44.104 (11), Florida Statutes.Additionally, the trial court erred in ordering the parties to participate in any other form of binding arbitration. In the absence of a contract or other agreement between the parties calling for arbitration, Florida's trial courts have the authority to order parties to participate only in nonbinding arbitration, although the parties can voluntarily stipulate to binding arbitration. See § 44.103(2), Fla. Stat. (2017) ("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."); § 44.104( 1), Fla. Stat. (2017) ("Two or more opposing parties who are involved in a civil dispute may agree in writing to submit the controversy to voluntary binding arbitration ...."). Here, the trial court's order required binding arbitration as opposed to nonbinding, and, by the very nature of the appeal, it is quite clear that the parties did not stipulate to binding arbitration. As a "party may not be forced to submit a dispute to arbitration that the party did not intend and agree to arbitrate," Toca v. Olivares , 882 So.2d 465, 466 (Fla. 3d DCA 2004), the lower court erred by ordering the… Affirmed. See Witt v. La Gorce Country Club, Inc., 35 So. 3d 1033 (Fla. 3d DCA 2010) ("The trial resolution judge's findings of fact are not reviewable on appeal." (citing § 44.104(11), Fla. Stat. (2008) ("Factual findings determined in the voluntary trial are not subject to appeal."))).§ 44.104(10), (12), Fla. Stat. (2016) (emphasis added). See also Kaplan v. Epstein , 219 So.3d 932, 933 (Fla. 4th DCA 2017) ("Pursuant to section 44.104, when parties agree to submit to voluntary binding arbitration, their appeal is to the circuit court, and no further review is permitted unless a constitutional issue is raised.").. . . ."); § 44.104(1), Fla. . . .
. . . (citing § 44.104(11), Fla. . . .
. . . 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 . . .
. . . . § 44.104.) . . .
. . . 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 . . .
. . . The parties in this case stipulated to voluntary binding arbitration pursuant to section 44.104, Florida . . .
. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . It follows that the trial court erred in compelling arbitration under section 44.104, Florida Statutes . . .
. . . , § 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 . . .
. . . Thus, with the exception of disputes involving child custody, visitation, or child support, See § 44.104 . . . See § 44.104(14), Fla. Stat. (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)©. . . .
. . . 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. . . .
. . . See § 44.104(10), Fla. Stat. (2003). In either event, the plaintiff will have an adequate remedy. . . .
. . . 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 . . .
. . . Arb. 11.030(b) (emphasis added); see § 44.104(8), Fla. Stat. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . Municipal Corporations § 2048, p. 769; McQuillin, Municipal Corporations, Vol. 16, Sec. 44.104; Hunt . . .