Florida SB 1424: Voluntary Trial Resolution

Bill Text

1424 
Voluntary Trial Resolution 
2026-01-08T05:53:39Z 
Authorizing parties to civil cases, family law cases, or probate cases to, by written agreement or stipulation, agree to the appointment of a voluntary trial resolution judge, subject to certain exceptions; authorizing the parties to file such written agreement or stipulation with the clerk of the court any time after the action is filed and to file a joint motion requesting such appointment; requiring an appointed voluntary trial resolution judge to take and subscribe to a specified oath; requiring a voluntary trial resolution judge to adjudicate a case until a specified finality occurs in the case, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1424 

 By Senator Berman 

 26-00704A-26 20261424__ 
 1 A bill to be entitled 
 2 An act relating to voluntary trial resolution; 
 3 amending s. 44.104, F.S.; defining the term “presiding 
 4 judge”; authorizing parties to civil cases, family law 
 5 cases, or probate cases to, by written agreement or 
 6 stipulation, agree to the appointment of a voluntary 
 7 trial resolution judge, subject to certain exceptions; 
 8 providing that an individual selected by the parties 
 9 to serve as a voluntary trial resolution judge must 
 10 meet a specified requirement to be eligible for 
 11 appointment; authorizing the parties to file such 
 12 written agreement or stipulation with the clerk of the 
 13 court any time after the action is filed and to file a 
 14 joint motion requesting such appointment; requiring 
 15 that the joint motion be accompanied by a certain 
 16 form; requiring the parties to promptly serve a copy 
 17 of the joint motion and form on the presiding judge; 
 18 requiring the presiding judge to enter a specified 
 19 order within a certain timeframe; requiring an 
 20 appointed voluntary trial resolution judge to take and 
 21 subscribe to a specified oath; providing an exception; 
 22 requiring a voluntary trial resolution judge to 
 23 adjudicate a case until a specified finality occurs in 
 24 the case; requiring that the case be returned to the 
 25 presiding judge under certain circumstances; requiring 
 26 immediate disclosure by a voluntary trial resolution 
 27 judge to the parties of circumstances requiring 
 28 disqualification; authorizing the parties to waive 
 29 disqualification by filing a written waiver with the 
 30 clerk of the court within a specified timeframe; 
 31 providing construction and applicability; providing 
 32 for compensation of a voluntary trial resolution judge 
 33 according to certain terms and conditions; requiring 
 34 that a contract for the services of a voluntary trial 
 35 resolution judge provide for payment of such 
 36 compensation; authorizing the presiding judge to 
 37 enforce the terms of a written agreement or 
 38 stipulation and retain jurisdiction in certain 
 39 circumstances; requiring the presiding judge to retain 
 40 jurisdiction for a specified purpose; requiring the 
 41 clerk of the court to treat cases referred to 
 42 voluntary trial resolution in a specified manner; 
 43 requiring the chief judge or his or her designee to 
 44 make available public facilities and personnel in 
 45 proceedings assigned to a voluntary trial judge in a 
 46 specified manner; requiring the chief judge and the 
 47 clerk to coordinate the provision of jurors with a 
 48 voluntary trial resolution judge for certain 
 49 proceedings; authorizing the parties to agree to use 
 50 certain facilities for specified matters; specifying 
 51 that the parties are responsible for certain costs; 
 52 providing the scope of judicial functions of a 
 53 voluntary trial resolution judge; providing an 
 54 exception; requiring the presiding judge to maintain 
 55 jurisdiction to perform specified judicial functions; 
 56 requiring a voluntary trial resolution judge to 
 57 conduct proceedings under specified rules of court; 
 58 providing that the Florida Evidence code applies to 
 59 proceedings governed by the act; requiring that 
 60 voluntary trial resolution proceedings be noticed and 
 61 open to the public; providing for judicial review; 
 62 providing that a specified doctrine applies in such 
 63 review; providing applicability; amending s. 44.107, 
 64 F.S.; conforming provisions to changes made by the 
 65 act; providing an effective date. 
 66 
 67 Be It Enacted by the Legislature of the State of Florida: 
 68 
 69 Section 1. Section 44.104, Florida Statutes, is amended to 
 70 read: 
 71 (Substantial rewording of section. See 
 72 s. 44.104, F.S., for present text.) 
 73 44.104 Voluntary trial resolution.— 
 74 (1) As used in this section, the term “presiding judge” 
 75 means the judge assigned to the case. 
 76 (2)(a) The parties to a civil case, a family law case, or a 
 77 probate case may by written agreement or stipulation agree to 
 78 the appointment of an individual to serve as a vol