Senate Bill 0942

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                   SB 942

    By Senator Campbell





    33-334-98

  1                      A bill to be entitled

  2         An act relating to voluntary trial resolution;

  3         creating s. 44.1051, F.S.; permitting the

  4         written agreement by two or more parties in a

  5         civil dispute to submit the controversy to

  6         binding voluntary trial resolution in lieu of

  7         litigation when no constitutional issue is

  8         involved; providing duties of the clerk of the

  9         court and guidelines relating to application

10         for voluntary trial resolution; providing for

11         fees; providing for tolling of statutory

12         limitations period; providing for court

13         appointment of a member of The Florida Bar to

14         act as trial resolution judge; providing

15         qualifications and authority of trial

16         resolution judge; providing for subpoenas and

17         court orders compelling attendance and

18         production of certain evidence; providing for

19         hearing and appeal; providing for applicability

20         of the Florida Evidence Code; providing for

21         issuance and enforcement through contempt

22         powers of court orders carrying out the trial

23         resolution judge's decision; providing for

24         nonapplicability of voluntary trial resolution

25         to certain disputes involving child custody,

26         visitation, or support or rights of third

27         parties not participating in voluntary trial

28         resolution; providing an effective date.

29

30  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 1998                                   SB 942
    33-334-98




  1         Section 1.  Section 44.1051, Florida Statutes, is

  2  created to read:

  3         44.1051  Voluntary trial resolution.--

  4         (1)  Two or more parties who are involved in a civil

  5  dispute may agree in writing to submit the controversy to

  6  voluntary trial resolution in lieu of litigation of the issues

  7  involved, prior to or after a lawsuit has been filed, provided

  8  no constitutional issue is involved.

  9         (2)  If the parties have entered into an agreement that

10  provides for a method for appointment of a member of The

11  Florida Bar in good standing for more than 5 years to act as

12  trial resolution judge, the court shall proceed with the

13  appointment as prescribed.

14         (3)  The trial resolution judge shall be compensated by

15  the parties according to their agreement.

16         (4)  Within 10 days of the submission of the request

17  for binding voluntary trial resolution, the court shall

18  provide for the appointment of the trial resolution judge.

19  Once appointed, the trial resolution judge shall notify the

20  parties of the time and place for the hearing.

21         (5)  Application for voluntary trial resolution shall

22  be filed and fees paid to the clerk of the court as if for

23  complaints initiating civil actions.  The clerk of the court

24  shall handle and account for these matters in all respects as

25  if they were civil actions except that the clerk of the court

26  shall keep separate the records of the applications for

27  voluntary binding trial resolution from all other civil

28  actions.

29         (6)  Filing of the application for binding voluntary

30  trial resolution will toll the running of the applicable

31  statutes of limitation.

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    Florida Senate - 1998                                   SB 942
    33-334-98




  1         (7)  The appointed trial resolution judge shall have

  2  such power to administer oaths or affirmation and to conduct

  3  the proceedings as the rules of court shall provide.  At the

  4  request of any party, the trial resolution judge shall issue

  5  subpoenas for the attendance of witnesses and for the

  6  production of books, records, documents, and other evidence

  7  and may apply to the court for orders compelling attendance

  8  and production.  Subpoenas shall be served and shall be

  9  enforceable in the manner provided by law.

10         (8)  The hearing shall be conducted by the trial

11  resolution judge, who may determine any question and render a

12  final decision.

13         (9)  The Florida Evidence Code shall apply to all

14  proceedings under this section.

15         (10)  An appeal may be taken to the appropriate

16  appellate court.  The harmless error doctrine shall apply in

17  all appeals.  No further review shall be permitted unless a

18  constitutional issue is raised.

19         (11)  If no appeal is taken within the time provided by

20  rules promulgated by the Supreme Court, then the decision

21  shall be referred to the presiding court judge in the case, or

22  if one has not been assigned, then to the chief judge of the

23  circuit for assignment to a circuit judge, who shall enter

24  such orders and judgments as are required to carry out the

25  terms of decision, which orders shall be enforceable by the

26  contempt powers of the court and for which judgments

27  executions shall issue on request of a party.

28         (12)  This section shall not apply to any dispute

29  involving child custody, visitation, or child support, or to

30  any dispute that involves the rights of a third party not a

31  party to the voluntary trial resolution.

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    Florida Senate - 1998                                   SB 942
    33-334-98




  1         Section 2.  This act shall take effect October 1, 1998.

  2

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  4                          SENATE SUMMARY

  5
      Permits written agreement by two or more parties in a
  6    civil dispute to submit the controversy to binding
      voluntary trial resolution in lieu of litigation when no
  7    constitutional issue is involved.  Provides duties of the
      clerk of the court and guidelines relating to application
  8    for voluntary trial resolution, and provides for
      application fees.  Provides for tolling of statutory
  9    limitations period.  Provides for court appointment of a
      member of The Florida Bar to act as trial resolution
10    judge.  Prescribes qualifications and authority of trial
      resolution judge.  Provides for subpoenas and court
11    orders compelling attendance and production of certain
      evidence.  Provides for hearing and appeal.  Provides for
12    applicability of the Florida Evidence Code.  Provides for
      issuance and enforcement through contempt powers of court
13    orders carrying out the trial resolution judge's
      decision.  Provides for nonapplicability of voluntary
14    trial resolution to certain disputes involving child
      custody, visitation, or support or rights of third
15    parties not participating in voluntary trial resolution.

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