Florida Statutes
Fla. Stat. § 44.104 (2025)
Voluntary binding arbitration and voluntary trial resolution.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
(c) Whether the decision reaches a result contrary to the Constitution of the United States or the State Constitution.
(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.
Note.—Former s. 44.304.
Notes of Decisions
Cited in 28
cases (5 in the last 5 years), 1995–2025 · leading case: Toiberman v. Tisera, 998 So. 2d 4 (Fla. 3d DCA 2008).
Toiberman v. Tisera, 998 So. 2d 4 (Fla. 3d DCA 2008). “The question before us is whether the language of the Agreement, wherein the parties opted to arbitrate all "issues" between them, contravenes section 44.104, Florida Statutes (2006), which specifically forbids arbitration of disputes involving child custody, visitation, or…”
Global Travel Mktg., Inc. v. Shea, 908 So. 2d 392 (Fla. 2005). “Thus, with the exception of disputes involving child custody, visitation, or child support, See § 44.104(14), Fla. Stat. (2004), the Legislature has not precluded voluntary binding arbitration of claims involving children.”
Gen. Star Indem. Co. v. W. Fla. Vill. Inn, Inc., 874 So. 2d 26 (Fla. 2d DCA 2004). “Following procedural maneuvering not relevant here, the parties submitted the matter to voluntary trial resolution in Hillsborough County pursuant to section 44.104, Florida Statutes (2001). Following a bench trial, the trial resolution judge found "patent ambiguity" in both the…”
Miele v. Prudential-Bache Sec., Inc., 656 So. 2d 470 (Fla. 1995). “820), or section 44.104, Florida Statutes (1993) ("Voluntary binding arbitration") (implemented by Florida Rule of Civil Procedure 1.”
Brasington v. EMC Corp., 855 So. 2d 1212 (Fla. 1st DCA 2003). “See § 44.104(10), Fla. Stat. (2003). In either event, the plaintiff will have an adequate remedy.”
Kaplan v. Epstein, 219 So. 3d 932 (Fla. 4th DCA 2017). “Elaine Kaplan appeals the court’s judgment affirming an arbitrator’s decision following voluntary binding arbitration conducted pursuant to section 44.104, Florida Statutes (2015). Because that statute provides for an appeal of the arbitrator’s decision to the circuit court and…”
Friendly Homes of the South Inc. v. Fontice, 932 So. 2d 634 (Fla. 2d DCA 2006). “103, and to order voluntary binding arbitration when opposing parties so agree in writing, § 44.104. The supreme court has adopted rules for these arbitrations.”
Deen v. Oster, 814 So. 2d 1065 (Fla. 4th DCA 2002). “He alleged that the arbitration proceedings were governed by section 44.104, Florida Statutes (2000), which required compliance with the Florida Evidence Code.”
Witt v. La Gorce Country Club, Inc., 35 So. 3d 1033 (Fla. 3d DCA 2010). “Pursuant to section 44.104, Florida Statutes (2006), the parties agreed to try the case before a trial resolution judge.”
Publix Supermarkets, Inc. v. Faith Conte, as Pers. Rep. of the Est. of Susan L. Moore, 169 So. 3d 1265 (Fla. 4th DCA 2015). “The parties in this case stipulated to voluntary binding arbitration pursuant to section 44.104, Florida Statutes. Under the terms of their stipulation, each party was to select an arbitrator, and the selected arbitrators would then choose a “third ‘neutral’ arbitrator.”
Marty v. Bainter, 709 So. 2d 185 (Fla. 1st DCA 1998). “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.”
Lee Cnty. v. Fort Myers Airways, Inc., 688 So. 2d 389 (Fla. 2d DCA 1997). “” Section 44.104(11), Florida Statutes (1995), authorizes the trial judge to enter such orders and judgments as are required to carry out the terms of the arbitrators’ decision.”
— 44.104(1) — 8 cases
Toiberman v. Tisera, 998 So. 2d 4 (Fla. 3d DCA 2008). “The question before us is whether the language of the Agreement, wherein the parties opted to arbitrate all "issues" between them, contravenes section 44.104, Florida Statutes (2006), which specifically forbids arbitration of disputes involving child custody, visitation, or…”
Martinez v. Kurt, 45 So. 3d 961 (Fla. 3d DCA 2010).
Schulberg v. Schulberg, 883 So. 2d 352 (Fla. 3d DCA 2004).
Jill Pardes, Etc. v. Andria Pardes (Fla. 3d DCA 2021).
Winter Green At Winter Park Homeowners Ass'n, Inc. v. Ware, 264 So. 3d 1143 (Fla. 5th DCA 2019).
— 44.104(10) — 5 cases
Brasington v. EMC Corp., 855 So. 2d 1212 (Fla. 1st DCA 2003). “See § 44.104(10), Fla. Stat. (2003). In either event, the plaintiff will have an adequate remedy.”
Marty v. Bainter, 709 So. 2d 185 (Fla. 1st DCA 1998). “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.”
Friendly Homes of the South Inc. v. Fontice, 932 So. 2d 634 (Fla. 2d DCA 2006). “103, and to order voluntary binding arbitration when opposing parties so agree in writing, § 44.104. The supreme court has adopted rules for these arbitrations.”
Kaplan v. Epstein, 219 So. 3d 932 (Fla. 4th DCA 2017). “Elaine Kaplan appeals the court’s judgment affirming an arbitrator’s decision following voluntary binding arbitration conducted pursuant to section 44.104, Florida Statutes (2015). Because that statute provides for an appeal of the arbitrator’s decision to the circuit court and…”
Audrie Bloom v. Ironhorse Prop. Owners Ass'n, Inc, 245 So. 3d 778 (Fla. 4th DCA 2018).
— 44.104(11) — 10 cases
Gen. Star Indem. Co. v. W. Fla. Vill. Inn, Inc., 874 So. 2d 26 (Fla. 2d DCA 2004). “Following procedural maneuvering not relevant here, the parties submitted the matter to voluntary trial resolution in Hillsborough County pursuant to section 44.104, Florida Statutes (2001). Following a bench trial, the trial resolution judge found "patent ambiguity" in both the…”
Lee Cnty. v. Fort Myers Airways, Inc., 688 So. 2d 389 (Fla. 2d DCA 1997). “” Section 44.104(11), Florida Statutes (1995), authorizes the trial judge to enter such orders and judgments as are required to carry out the terms of the arbitrators’ decision.”
Witt v. La Gorce Country Club, Inc., 35 So. 3d 1033 (Fla. 3d DCA 2010). “Pursuant to section 44.104, Florida Statutes (2006), the parties agreed to try the case before a trial resolution judge.”
Marty v. Bainter, 709 So. 2d 185 (Fla. 1st DCA 1998). “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.”
Jill Pardes, Etc. v. Andria Pardes (Fla. 3d DCA 2021).
— 44.104(12) — 1 case
Kaplan v. Epstein, 219 So. 3d 932 (Fla. 4th DCA 2017). “Elaine Kaplan appeals the court’s judgment affirming an arbitrator’s decision following voluntary binding arbitration conducted pursuant to section 44.104, Florida Statutes (2015). Because that statute provides for an appeal of the arbitrator’s decision to the circuit court and…”
— 44.104(13) — 2 cases
Friendly Homes of the South Inc. v. Fontice, 932 So. 2d 634 (Fla. 2d DCA 2006). “103, and to order voluntary binding arbitration when opposing parties so agree in writing, § 44.104. The supreme court has adopted rules for these arbitrations.”
Kaplan v. Epstein, 219 So. 3d 932 (Fla. 4th DCA 2017). “Elaine Kaplan appeals the court’s judgment affirming an arbitrator’s decision following voluntary binding arbitration conducted pursuant to section 44.104, Florida Statutes (2015). Because that statute provides for an appeal of the arbitrator’s decision to the circuit court and…”
— 44.104(14) — 3 cases
Global Travel Mktg., Inc. v. Shea, 908 So. 2d 392 (Fla. 2005). “Thus, with the exception of disputes involving child custody, visitation, or child support, See § 44.104(14), Fla. Stat. (2004), the Legislature has not precluded voluntary binding arbitration of claims involving children.”
Toiberman v. Tisera, 998 So. 2d 4 (Fla. 3d DCA 2008). “The question before us is whether the language of the Agreement, wherein the parties opted to arbitrate all "issues" between them, contravenes section 44.104, Florida Statutes (2006), which specifically forbids arbitration of disputes involving child custody, visitation, or…”
Schulberg v. Schulberg, 883 So. 2d 352 (Fla. 3d DCA 2004).
— 44.104(2) — 1 case
Merritt v. OLMHP, LLC, 112 So. 3d 559 (Fla. 2d DCA 2013).
— 44.104(4) — 1 case
Cmty./condotte/de Moya Jv v. Circuit Court Judge (Fla. 3d DCA 2021).
— 44.104(8) — 1 case
Liberty Mut. Fire Ins. Co. v. Hernandez, 735 So. 2d 587 (Fla. 3d DCA 1999).
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