Florida Rules of Civil Procedure – Part 13
The Florida Rules of Civil Procedure are the rules that govern how civil litigation in conducted in Florida’s state courts. The purpose of civil litigation is to resolve disputes, usually concerning money, by enforcing obligations and duties between parties to the action. The term “civil” is used in contrast to “criminal” actions, which have their own rules of procedure.
Procedural rules govern only the process through which substantive interests are maintained or redressed. Florida adopted the Rules of Civil Procedure in 1967 and they have been revised many times since then. The Rules were most recently amended in June 2022.
Florida’s Rules of Civil Procedure are generally organized in the order in which a case would progress through the various stages of litigation. This is the first in a series of articles providing a brief overview of some of the more important rules.
Rule 1.010 to Rule 1.090 deal with general matters related to litigation. Rule 1.100 to Rule 1.130 deal with requirements related to pleadings and motions. Rule 1.140 to Rule 1.190 deal with requirements related to defenses, counterclaims, crossclaims, and third party practice.
Rule 1.100 to Rule 1.270 deal with requirements related to pre-trial matters and parties. Rule 1.280 to Rule 1.410 deal with the procedures related to discovery. Rule 1.420 to Rule 1.481 deal with the procedures related to trials.
Rule 1.490 to Rule 1.491 deals with the procedures related to magistrates. Rule 1.500 deals with the procedures related to defaults and default judgments. Rule 1.510 deals with the procedures related summary judgment.
Rule 1.525 to Rule 1.540 deal with the procedures related to post-trial motions. Rules 1.550 to Rule 1.600 deal with the procedures related the enforcement of judgments. Rule 1.700 to Rule 1.830 deal with the procedures related to mediation and arbitration.
Mediation and Arbitration
As noted, Rule 1.700 to Rule 1.830, the focus of this article, deals with the procedures related to mediation and arbitration.
Rule 1.700 – Rules Common to Mediation and Arbitration
Referral by Presiding Judge or Stipulation
“Except as hereinafter provided or as otherwise prohibited by law, the presiding judge may enter an order referring all or any part of a contested civil matter to mediation or arbitration. The parties to any contested civil matter may file a written stipulation to mediate or arbitrate any issue between them at any time. Such stipulation shall be incorporated into the order of referral.” Fla. R. Civ. P. 1.700(a).
Conference or Hearing Date
“Unless otherwise ordered by the court, the first mediation conference or arbitration hearing shall be held within 60 days of the order of referral.” Fla. R. Civ. P. 1.700(a)(1).
Notice
“Within 15 days after the designation of the mediator or the arbitrator, the court or its designee, who may be the mediator or the chief arbitrator, shall notify the parties in writing of the date, time, and place of the conference or hearing unless the order of referral specifies the date, time, and place.” Fla. R. Civ. P. 1.700(a)(2).
Motion to Dispense with Mediation or Arbitration
“A party may move, within 15 days after the order of referral, to dispense with mediation or arbitration, if: (1) the issue to be considered has been previously mediated or arbitrated between the same parties pursuant to Florida law; (2) the issue presents a question of law only; (3) the order violates rule 1.710(b) or rule 1.800; or (4) other good cause is shown.” Fla. R. Civ. P. 1.700(b)(1)–(4).
Motion to Defer Mediation or Arbitration
“Within 15 days of the order of referral, any party may file a motion with the court to defer the proceeding. The movant shall set the motion to defer for hearing prior to the scheduled date for mediation or arbitration.” Fla. R. Civ. P. 1.700(c).
“Notice of the hearing shall be provided to all interested parties, including any mediator or arbitrator who has been appointed. The motion shall set forth, in detail, the facts and circumstances supporting the motion. Mediation or arbitration shall be tolled until disposition of the motion.” Fla. R. Civ. P. 1.700(c).
Disqualification of a Mediator or Arbitrator
“Any party may move to enter an order disqualifying a mediator or an arbitrator for good cause. If the court rules that a mediator or arbitrator is disqualified from hearing a case, an order shall be entered setting forth the name of a qualified replacement.” Fla. R. Civ. P. 1.700(d).
“Nothing in this provision shall preclude mediators or arbitrators from disqualifying themselves or refusing any assignment. The time for mediation or arbitration shall be tolled during any periods in which a motion to disqualify is pending.” Fla. R. Civ. P. 1.700(d).
Rule 1.710 – Mediation Rules
Completion of Mediation
“Mediation shall be completed within 45 days of the first mediation conference unless extended by order of the court or by stipulation of the parties.” Fla R. Civ. P. 1.710(a).
Exclusions from Mediation
“A civil action shall be ordered to mediation or mediation in conjunction with arbitration upon stipulation of the parties. A civil action may be ordered to mediation or mediation in conjunction with arbitration upon motion of any party or by the court, if the judge determines the action to be of such a nature that mediation could be of benefit to the litigants or the court.” Fla R. Civ. P. 1.710(b).
“Under no circumstances may the following categories of actions be referred to mediation: (1) Bond estreatures; (2) Habeas corpus and extraordinary writs; (3) Bond validations; (4) Civil or criminal contempt; (5) Other matters as may be specified by administrative order of the chief judge in the circuit.” Fla R. Civ. P. 1.710(b)(1)–(5).
Discovery
“Unless stipulated by the parties or ordered by the court, the mediation process shall not suspend discovery.” Fla R. Civ. P. 1.710(c).
Rule 1.720 – Mediation Procedures
Interim or Emergency Relief
“A party may apply to the court for interim or emergency relief at any time. Mediation shall continue while such a motion is pending absent a contrary order of the court, or a decision of the mediator to adjourn pending disposition of the motion. Time for completing mediation shall be tolled during any periods when mediation is interrupted pending resolution of such a motion.” Fla R. Civ. P. 1.720(a).
Appearance at Mediation
“Unless otherwise permitted by court order or stipulated by the parties in writing, a party is deemed to appear at a mediation conference if the following persons are physically present: (1) The party or a party representative having full authority to settle without further consultation; and (2) The party’s counsel of record, if any; and (3) A representative of the insurance carrier for any insured party who is not such carrier’s outside counsel and who has full authority to settle in an amount up to the amount of the plaintiff’s last demand or policy limits, whichever is less, without further consultation.” Fla R. Civ. P. 1.720(b)(1)–(3).
Party Representative Having Full Authority to Settle
“A ‘party representative having full authority to settle’ shall mean the final decision maker with respect to all issues presented by the case who has the legal capacity to execute a binding settlement agreement on behalf of the party. Nothing herein shall be deemed to require any party or party representative who appears at a mediation conference in compliance with this rule to enter into a settlement agreement.” Fla R. Civ. P. 1.720(c).
Certification of Authority
“Unless otherwise stipulated by the parties, each party, 10 days prior to appearing at a mediation conference, shall file with the court and serve all parties a written notice identifying the person or persons who will be attending the mediation conference as a party representative or as an insurance carrier representative, and confirming that those persons have the authority required by subdivision (b).” Fla R. Civ. P. 1.720(e).
Sanctions for Failure to Appear
“If a party fails to appear at a duly noticed mediation conference without good cause, the court, upon motion, shall impose sanctions, including award of mediation fees, attorneys’ fees, and costs, against the party failing to appear. The failure to file a confirmation of authority required under subdivision (e) above, or failure of the persons actually identified in the confirmation to appear at the mediation conference, shall create a rebuttable presumption of a failure to appear.” Fla R. Civ. P. 1.720(f).
Adjournments
“The mediator may adjourn the mediation conference at any time and may set times for reconvening the adjourned conference notwithstanding rule 1.710(a). No further notification is required for parties present at the adjourned conference.” Fla R. Civ. P. 1.720(g).
Counsel
“The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator and with the agreement of the parties, mediation may proceed in the absence of counsel unless otherwise ordered by the court.” Fla R. Civ. P. 1.720(h).
Communication with Parties or Counsel
“The mediator may meet and consult privately with any party or parties or their counsel.” Fla R. Civ. P. 1.720(i).
Appointment of the Mediator
“Within 10 days of the order of referral, the parties may agree upon a stipulation with the court designating: (A) a certified mediator, other than a senior judge presiding over civil cases as a judge in that circuit; or (B) a mediator, other than a senior judge, who is not certified as a mediator but who, in the opinion of the parties and upon review by the presiding judge, is otherwise qualified by training or experience to mediate all or some of the issues in the particular case.” Fla R. Civ. P. 1.720(j)(1)(A)–(B).
“If the parties cannot agree upon a mediator within 10 days of the order of referral, the plaintiff or petitioner shall so notify the court within 10 days of the expiration of the period to agree on a mediator, and the court shall appoint a certified mediator selected by rotation or by such other procedures as may be adopted by administrative order of the chief judge in the circuit in which the action is pending. At the request of either party, the court shall appoint a certified circuit court mediator who is a member of The Florida Bar.” Fla R. Civ. P. 1.720(j)(2).
“If a mediator agreed upon by the parties or appointed by a court cannot serve, a substitute mediator can be agreed upon or appointed in the same manner as the original mediator. A mediator shall not mediate a case assigned to another mediator without the agreement of the parties or approval of the court. A substitute mediator shall have the same qualifications as the original mediator.” Fla R. Civ. P. 1.720(j)(3).
Compensation of Mediator
“The mediator may be compensated or uncompensated. When the mediator is compensated in whole or part by the parties, the presiding judge may determine the reasonableness of the fees charged by the mediator.” Fla R. Civ. P. 1.720(k).
“Where appropriate, each party shall pay a proportionate share of the total charges of the mediator. Parties may object to the rate of the mediator’s compensation within 15 days of the order of referral by serving an objection on all other parties and the mediator.” Fla R. Civ. P. 1.720(k).
Rule 1.730 – Completion of Mediation
No Agreement
“If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the court without comment or recommendation.” Fla. R. Civ. P. 1.730(a).
“With the consent of the parties, the mediator’s report may also identify any pending motions or outstanding legal issues, discovery process, or other action by any party which, if resolved or completed, would facilitate the possibility of a settlement.” Fla R. Civ. P. 1.730(a).
Agreement
“If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. The agreement shall be filed when required by law or with the parties’ consent. A report of the agreement shall be submitted to the court or a stipulation of dismissal shall be filed.” Fla R. Civ. P. 1.730(b). “No agreement under this rule shall be reported to the court except as provided herein.” Fla R. Civ. P. 1.730(b).
Imposition of Sanctions
“In the event of any breach or failure to perform under the agreement, the court upon motion may impose sanctions, including costs, attorneys’ fees, or other appropriate remedies including entry of judgment on the agreement.” Fla R. Civ. P. 1.730(c).
Rule 1.750 – County Court Actions
Applicability
Rule 1.750 “applies to the mediation of county court matters and issues only and controls over conflicting provisions in rules 1.700, 1.710, 1.720, and 1.730.” Fla. R. Civ. P. 1.750(a).
Limitation on Referral to Mediation
“When a mediation program utilizing volunteer mediators is unavailable or otherwise inappropriate, county court matters may be referred to a mediator or mediation program which charges a fee.” Fla. R. Civ. P. 1.750(b).
“Such order of referral shall advise the parties that they may object to mediation on grounds of financial hardship or on any ground set forth in Rule 1.700(b). If a party objects, mediation shall not be conducted until the court rules on the objection. The court may consider the amount in controversy, the objecting party’s ability to pay, and any other pertinent information in determining the propriety of the referral. When appropriate, the court shall apportion mediation fees between the parties.” Fla. R. Civ. P. 1.750(b).
Scheduling
“In small claims actions, the mediator shall be appointed and the mediation conference held during or immediately after the pretrial conference unless otherwise ordered by the court.” Fla. R. Civ. P. 1.750(c). “In no event shall the mediation conference be held more than 14 days after the pretrial conference.” Fla. R. Civ. P. 1.750(c).
Appointment of Mediator
“In county court actions not subject to the Florida Small Claims Rules, rule 1.720(f) shall apply unless the case is sent to a mediation program provided at no cost to the parties.” Fla. R. Civ. P. 1.750(d).
Appearance at Mediation
“In small claims actions, an attorney may appear on behalf of a party at mediation provided that the attorney has full authority to settle without further consultation.” Fla. R. Civ. P. 1.750(e).
“Unless otherwise ordered by the court, a nonlawyer representative may appear on behalf of a party to a small claims mediation if the representative has the party’s signed written authority to appear and has full authority to settle without further consultation.” Fla. R. Civ. P. 1.750(e).
“In either event, the party need not appear in person. In any other county court action, a party will be deemed to appear if the persons set forth in rule 1.720(b) are physically present.” Fla. R. Civ. P. 1.750(e).
Agreement
“Any agreements reached as a result of small claims mediation shall be written in the form of a stipulation. The stipulation may be entered as an order of the court.” Fla. R. Civ. P. 1.750(f).