CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 3148, 2015 WL 965668
...1 The Seventh Circuit’s mandatory form referral order and form notice provide comprehensive information and advice about nonbinding arbitration. The form order advises the parties that the referral to nonbinding arbitration is made pursuant to Florida Rules of Civil Procedure 1.700, 1.800, 1.810, and 1.820 together with section 44.108, Florida Statutes. The form notice encourages the participants to become familiar, prior to the arbitration hearing, with Administrative Order CV-2009-19-SC; Florida Rules of Civil Procedure 1.700, 1.800, 1.810, and 1.820; section 44.108, Florida Statutes; and Rules 11.010 through 11.130, Florida Rules for Court-Appointed Arbitrators....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
...ief Judge of the Fifth Judicial Circuit, you ask substantially the following question: If the chief judge of a judicial circuit establishes a citizens dispute settlement center pursuant to s.
44.201 , F.S., and a service charge is levied pursuant to s.
44.108 (1), F.S., to support mediation and arbitration services, must one dollar of said charge be remitted to the Office of the State Courts Administrator? In sum, I am of the opinion: One dollar of the service charge levied by the board of county commissioners pursuant to s.
44.108 (1), F.S., must be forwarded to the Office of the State Courts Administrator for deposit in a state mediation and arbitration trust fund....
...The center shall be administered by a council composed of at least seven members with the chief judge of the circuit serving as the chairman of the council. 1 You have advised this office that as chief judge of the circuit, you have established a citizen's dispute resolution center pursuant to s.
44.201 , F.S. Section
44.108 , F.S., provides for funding of mediation and arbitration. Recognizing that mediation should be accessible to all parties regardless of financial status, s.
44.108 (1) states that each board of county commissioners may support mediation and arbitration services by appropriating moneys from county revenues and by levying a service charge of not more than five dollars on any circuit court proceeding. Such charge is in addition to other service charges imposed by law and is to be deposited in the court's mediation-arbitration account fund under the supervision of the chief judge of the circuit in which the county is located. 2 Section
44.108 (4), F.S., provides: If a board of county commissioners levies the service charge authorized in subsection (1), ....
...ed. Such fund shall be used by the Supreme Court to carry out its responsibilities set forth in s.
44.106 . You state that the State Courts Administrator's Office has advised you that their office receives the first dollar of any monies levied under s.
44.108 , F.S. You question whether one dollar must still be forwarded to the State Courts Administrator if the service charge imposed pursuant to s.
44.108 (1), F.S., is less than five dollars, or whether only a pro rata portion of the amount levied is required to be sent to the State Courts Administrator....
...is levied. The board of county commissioners, in determining what amount to levy, should be cognizant of this requirement. Accordingly, I am of the opinion that one dollar of the service charge levied by the board of county commissioners pursuant to s. 44.108 (1), F.S., must be forwarded to the Office of the State Courts Administrator for deposit in a state mediation and arbitration trust fund....
...riff, a county judge, and each board of county commissioners within the geographical jurisdiction of the center. In addition, two members of the general public who are not representatives of such officers or boards must be included on the council. 2 Section 44.108 (1), F.S. Section 44.108 (2) and (3), F.S., authorize a board of county commissioners to levy an additional service charge not to exceed 5 on any county court proceeding which charge shall be deposited in the county's mediation-arbitration account to fund coun...
CopyPublished | Supreme Court of Florida
...ermined
that the parties have the financial ability to pay such a fee. This
determination may be based upon the parties’ financial affidavits or
other financial information available to the court. When the
mediator’s fee is not established under section 44.108, Florida
Statutes, or when there is no written agreement providing for the
mediator’s compensation, the mediator shallmust be compensated
at an hourly rate set by the presiding judge in the referral order.
The presiding judge may also determine the reasonableness of the
fees charged by the mediator....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 408, 2005 Fla. LEXIS 1216, 2005 WL 1298100
...and sexual violence to the causes of action for which an individual may seek an injunction for protection under the statute. See ch.2002-55, § 21, Laws of Fla.; ch.2003-117, § 2, Laws of Fla. 1 We amend rule 12.740, Family Mediation, to reference section 44.108, Florida Statutes, which was amended in 2004 to provide a fee schedule for court-ordered mediation services....
...— In the absence of a written agreement providing for the mediator’s compensation-, — the mediator shall be compensated-at — the hourly-rate set by the presiding judge in the-referral-order. When the mediator’s fee is not established under section 44.108, Florida Statutes, or when there is no written agreement providing for the mediator’s compensation, the mediator shall be compensated at an hourly rate set by the presiding judge in the referral order....
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
...Under the Rules of Family Law, circuit court judges are permitted to appoint general masters to assist the court. 1 It is necessary, however, to identify funding for these positions. You state that there are monies available in the mediation/ alternative dispute resolution account established pursuant to section 44.108 , Florida Statutes....
...The question raised is whether monies in this account may be used to fund the salary of a part- time general master to conduct judicial reviews on juvenile dependency cases. The Nineteenth Judicial Circuit has implemented a mediation program pursuant to section 44.108 , Florida Statutes....
...ds received from the $3 assessment be deposited into an account specifically for the operation and administration of the teen court and does not authorize application of the funds to other programs or to the county's general revenue fund. Similarly, section 44.108 , Florida Statutes, recognizes that the service charges authorized thereunder are to be used to fund mediation and arbitration services....
...f a parent is in compliance with the court-ordered case plan may well provide an effective and efficient manner of providing such reviews and conserve judicial resources, it does not fall within the authorized uses of the funds collected pursuant to section 44.108 ....
...masters from among the members of The Florida Bar in the circuit as the judges find necessary, and the general masters shall continue in office until removed by the court." 2 If a board of county commissioners levies the service charge set forth in s. 44.108 (1), (2) or (3), s. 44.108 (4), Fla....
