Florida Statute 44.104 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 44
MEDIATION ALTERNATIVES TO JUDICIAL ACTION

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F.S. 44.104

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 Citing Statute 44.104

Total Results: 20

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

Court: Supreme Court of Florida | Date Filed: 2022-07-14

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

JILL PARDES, etc. v. ANDRIA PARDES

Court: District Court of Appeal of Florida | Date Filed: 2021-10-27

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

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

Court: District Court of Appeal of Florida | Date Filed: 2021-07-14

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2021-06-16

Snippet: 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

Court: Supreme Court of Florida | Date Filed: 2020-04-16

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

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

Court: District Court of Appeal of Florida | Date Filed: 2019-02-22

Citation: 264 So. 3d 1143

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2019-02-22

Citation: 264 So. 3d 1143

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 2019-02-13

Citation: 272 So. 3d 430

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 2019-02-13

Citation: 272 So. 3d 430

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2018-04-11

Citation: 245 So. 3d 778

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

Kaplan v. Epstein

Court: District Court of Appeal of Florida | Date Filed: 2017-05-03

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

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

State of Florida v. Christopher Markus

Court: Supreme Court of Florida | Date Filed: 2017-01-31

Citation: 211 So. 3d 894, 42 Fla. L. Weekly Supp. 98, 2017 WL 411335, 2017 Fla. LEXIS 233

Snippet: license pursuant to a Wisconsin statute. Id. at 743-44, 104 S.Ct. 2091. The trial court found that Welsh’s

Edward K. Henry v. Suzanne W. Henry

Court: District Court of Appeal of Florida | Date Filed: 2016-05-18

Citation: 191 So. 3d 995, 2016 WL 2897643, 2016 Fla. App. LEXIS 7659

Snippet: income that the trial court should have used was $44,104.32, as shown in her 2014 financial affidavit.

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

Court: District Court of Appeal of Florida | Date Filed: 2015-07-29

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

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

White v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-06-10

Citation: 170 So. 3d 77, 2015 Fla. App. LEXIS 8765, 2015 WL 3609816

Snippet: See Nix v. Williams, 467 U.S. 431, 441-44, 104 S.Ct. 2501, 81 L.Ed.2d 377 (1984) (holding that

Merritt v. OLMHP, LLC

Court: District Court of Appeal of Florida | Date Filed: 2013-04-10

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

Snippet: presided over a jury trial pursuant to section 44.104(1), Florida Statutes (2011), which provides as

Martinez v. Kurt

Court: District Court of Appeal of Florida | Date Filed: 2010-10-13

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

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

Witt v. La Gorce Country Club, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2010-06-09

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

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

Toiberman v. Tisera

Court: District Court of Appeal of Florida | Date Filed: 2008-10-08

Citation: 998 So. 2d 4

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

LEON MEDICAL CENTERS, INC. v. Martell

Court: District Court of Appeal of Florida | Date Filed: 2008-01-30

Citation: 972 So. 2d 1103, 2008 WL 239029

Snippet: court erred in compelling arbitration under section 44.104, Florida Statutes, and in ruling that section 766