Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2188
Barcode 091720
CHAMBER ACTION
Senate House
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03/22/2006 04:47 PM .
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11 The Committee on Judiciary (Campbell) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 7, between lines 5 and 6,
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17 insert:
18 Section 4. Section 44.104, Florida Statutes, is
19 amended to read:
20 44.104 Voluntary binding arbitration and voluntary
21 trial resolution.--
22 (1) Two or more opposing parties who are involved in a
23 civil dispute may agree in writing to submit the controversy
24 to voluntary binding arbitration, or voluntary trial
25 resolution, in lieu of litigation of the issues involved,
26 prior to or after a lawsuit has been filed, provided no
27 constitutional issue is involved.
28 (2) If the parties have entered into an agreement
29 which provides in voluntary binding arbitration for a method
30 for appointing of one or more arbitrators, or which provides
31 in voluntary trial resolution a method for appointing a member
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2188
Barcode 091720
1 of The Florida Bar in good standing for more than 5 years to
2 act as trial resolution judge, the court shall proceed with
3 the appointment as prescribed. However, in voluntary binding
4 arbitration at least one of the arbitrators, who shall serve
5 as the chief arbitrator, shall meet the qualifications and
6 training requirements adopted pursuant to s. 44.106. In the
7 absence of an agreement, or if the agreement method fails or
8 for any reason cannot be followed, the court, on application
9 of a party, shall appoint one or more qualified arbitrators,
10 or the trial resolution judge, as the case requires.
11 (3) The arbitrators or trial resolution judge shall be
12 compensated by the parties according to their agreement.
13 (4) Within 10 days after the submission of the request
14 for binding arbitration, or voluntary trial resolution, the
15 court shall provide for the appointment of the arbitrator or
16 arbitrators, or trial resolution judge, as the case requires.
17 Once appointed, the arbitrators or trial resolution judge
18 shall notify the parties of the time and place for the
19 hearing.
20 (5) Application for voluntary binding arbitration or
21 voluntary trial resolution shall be filed and fees paid to the
22 clerk of the court as if for complaints initiating civil
23 actions. The clerk of the court shall handle and account for
24 these matters in all respects as if they were civil actions,
25 except that the clerk of court shall keep separate the records
26 of the applications for voluntary binding arbitration and the
27 records of the applications for voluntary trial resolution
28 from all other civil actions.
29 (6) Filing of the application for binding arbitration
30 or voluntary trial resolution will toll the running of the
31 applicable statutes of limitation.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2188
Barcode 091720
1 (7) The chief arbitrator or trial resolution judge may
2 administer oaths or affirmations and conduct the proceedings
3 as the rules of court shall provide. At the request of any
4 party, the chief arbitrator or trial resolution judge shall
5 issue 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 A voluntary binding arbitration hearing shall
11 be conducted by all of the arbitrators, but a majority may
12 determine any question and render a final decision. A trial
13 resolution judge shall conduct a voluntary trial resolution
14 hearing. The trial resolution judge may determine any question
15 and render a final decision.
16 (9) The Florida Evidence Code shall apply to all
17 proceedings under this section.
18 (10) An appeal of a voluntary binding arbitration
19 decision shall be taken to the circuit court and shall be
20 limited to review on the record and not de novo, of:
21 (a) Any alleged failure of the arbitrators to comply
22 with the applicable rules of procedure or evidence.
23 (b) Any alleged partiality or misconduct by an
24 arbitrator prejudicing the rights of any party.
25 (c) Whether the decision reaches a result contrary to
26 the Constitution of the United States or of the State of
27 Florida.
28 (11) Any party may enforce a final decision rendered
29 in a voluntary trial by filing a petition for final judgment
30 in the circuit court in the circuit in which the voluntary
31 trial took place. Upon entry of final judgment by the circuit
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2188
Barcode 091720
1 court, any party may appeal to the appropriate appellate
2 court. Factual findings determined in the voluntary trial are
3 not subject to appeal.
4 (12) The harmless error doctrine shall apply in all
5 appeals. No further review shall be permitted unless a
6 constitutional issue is raised.
7 (12)(13) If no appeal is taken within the time
8 provided by rules promulgated by the Supreme Court, then the
9 decision shall be referred to the presiding judge in the case,
10 or if one has not been assigned, then to the chief judge of
11 the circuit for assignment to a circuit judge, who shall enter
12 such orders and judgments as are required to carry out the
13 terms of the decision, which orders shall be enforceable by
14 the contempt powers of the court and for which judgments
15 execution shall issue on request of a party.
16 (13)(14) This section shall not apply to any dispute
17 involving child custody, visitation, or child support, or to
18 any dispute which involves the rights of a third party not a
19 party to the arbitration or voluntary trial resolution when
20 the third party would be an indispensable party if the dispute
21 were resolved in court or when the third party notifies the
22 chief arbitrator or the trial resolution judge that the third
23 party would be a proper party if the dispute were resolved in
24 court, that the third party intends to intervene in the action
25 in court, and that the third party does not agree to proceed
26 under this section.
27 Section 5. Section 44.1041, Florida Statutes, is
28 created to read:
29 44.1041 Voluntary trial resolution.--
30 (1) Two or more opposing parties who are involved in a
31 civil dispute may agree in writing to submit the controversy
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2188
Barcode 091720
1 to voluntary trial resolution in lieu of litigation of the
2 issues involved, before or after a lawsuit has been filed, if
3 no constitutional issue is involved.
4 (2) If application for voluntary trial resolution is
5 made before a lawsuit is filed, such application shall be
6 filed and fees paid to the clerk of the court as if for
7 complaints initiating civil actions. The clerk of the court
8 shall handle and account for these matters in all respects as
9 if they were civil actions, except that the clerk of the court
10 shall keep separate the records of the applications for
11 voluntary trial resolution from all other civil actions. If
12 application for voluntary trial resolution is made after a
13 lawsuit has been filed, such application shall be filed in the
14 corresponding civil action.
15 (3) The filing of a presuit application for voluntary
16 trial resolution tolls the running of the applicable statutes
17 of limitation.
18 (4) If the parties have entered into an agreement that
19 provides a method for appointing a member of The Florida Bar
20 in good standing for more than 5 years to act as
21 trial-resolution judge, the court shall proceed with the
22 appointment as prescribed. In the absence of an agreement, or
23 if the agreement method fails or for any reason cannot be
24 followed, the court, on application of a party, shall appoint
25 the trial-resolution judge.
26 (5) The trial-resolution judge shall be compensated by
27 the parties according to their agreement.
28 (6) Once appointed, the trial-resolution judge shall
29 notify the parties of the time and place for any hearings.
30 (7) The trial-resolution judge may administer oaths or
31 affirmations and conduct the proceedings as the rules of court
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2188
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1 provides. At the request of any party, the trial-resolution
2 judge shall issue subpoenas for the attendance of witnesses
3 and for the production of books, records, documents, and other
4 evidence and may apply to the court for orders compelling
5 attendance and production. Subpoenas are served and are
6 enforceable in the manner provided by law.
7 (8) A trial-resolution judge shall conduct the
8 voluntary trial-resolution hearing. The trial-resolution judge
9 may determine any question and render a final decision.
10 (9) The Florida Evidence Code applies to all
11 proceedings under this section.
12 (10) Any party may enforce a final decision rendered
13 in a voluntary trial by filing a petition for final judgment
14 in the circuit court in the circuit in which the voluntary
15 trial took place. Upon entry of final judgment by the circuit
16 court, any party may appeal to the appropriate appellate court
17 any factual findings and rulings on questions of law made by
18 the trial-resolution judge.
19 (11) The harmless-error doctrine applies in all
20 appeals.
21 (12) If a final decision rendered in a voluntary trial
22 has not been incorporated into a final judgment, the decision
23 shall be referred to the presiding judge in the case, or if
24 one has not been assigned, the decision shall be referred to
25 the chief judge of the circuit for assignment to a circuit
26 judge who shall enter such orders and judgments as are
27 required to carry out the terms of the decision. Any orders
28 issued are enforceable by the contempt powers of the court and
29 for which judgments of execution shall issue upon the request
30 of a party.
31 (13) This section does not apply to any dispute
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2188
Barcode 091720
1 involving child custody, visitation, or child support, or to
2 any dispute that involves the rights of a third party who is
3 not a party to the voluntary trial resolution when the third
4 party would be an indispensable party if the dispute were
5 resolved in court, or if the third party notifies the
6 trial-resolution judge that the third party would be a proper
7 party if the dispute were resolved in court, that the third
8 party intends to intervene in the action in court, and that
9 the third party does not agree to proceed under this section.
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11 (Redesignate subsequent sections.)
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14 ================ T I T L E A M E N D M E N T ===============
15 And the title is amended as follows:
16 On page 1, line 12, after the first semicolon,
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18 insert:
19 amending s. 44.104, F.S.; deleting all
20 references to voluntary trial resolution;
21 creating s. 44.1041, F.S.; providing for
22 voluntary trial resolution upon agreement of
23 the parties to a civil dispute; providing for
24 the appointment and compensation of a
25 trial-resolution judge; providing guidelines
26 for conducting a voluntary trial-resolution
27 hearing; providing for enforcement and appeal;
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