The Florida Senate

44.104  Voluntary binding arbitration.--

(1)  Two or more parties who are involved in a civil dispute may agree in writing to submit the controversy to voluntary binding arbitration, 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 for a method for the appointment of one or more arbitrators, the court shall proceed with the appointment as prescribed, except that 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.

(3)  The arbitrators shall be compensated by the parties according to their agreement, but not at an amount less than $75 per day.

(4)  Within 10 days of the submission of the request for binding arbitration, the court shall provide for the appointment of the arbitrator or arbitrators. Once appointed, the arbitrators shall notify the parties of the time and place for the hearing.

(5)  Application for voluntary binding arbitration 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 from all other civil actions.

(6)  Filing of the application for binding arbitration will toll the running of the applicable statutes of limitation.

(7)  The chief arbitrator shall have such power to administer oaths or affirmation and to conduct the proceedings as the rules of court shall provide. At the request of any party, the chief arbitrator 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)  The hearing shall be conducted by all of the arbitrators, but a majority 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 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 of the State of Florida.

The harmless error doctrine shall apply in all appeals. No further review shall be permitted unless a constitutional issue is raised.

(11)  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.

(12)  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.

History.--s. 4, ch. 87-173; s. 4, ch. 89-31; s. 4, ch. 90-188.

Note.--Former s. 44.304.