Spring has sprung in Tallahassee and along with it the 2006 Legislative Session has begun. There is lots of activity on the ADR front this year. Because things happen so quickly during Session, what I write today will be out of date by the time you read this.
Thus, I am providing you with the House and Senate Bill Numbers with links to the House and Senate web pages. This way you will be able to see the latest version and the current status on each bill you are interested in.

In previous issues of the newsletter, I reported that the Supreme Court Committee on ADR Rules and Policy Committee had recommended that Chapter 44 be amended to align mediation terminology with the Supreme Court’s Unified Family Court concept. The bills which were filed to effectuate these changes are:
HB 7019 started as PCB (proposed committee bill) by the Civil Justice Committee and Chairman, Representative Mahon and Senate companion bill SB 2188 filed by Senator Campbell. As of today, the bills are both moving but are not identical. We will be working to correct that. The effective date for the bills would be July 1, 2006 were they to be enacted.

Another set of bills were filed which would effect the arbitration sections of Chapter 44, Florida Statutes (44.103 and 44.104):
SB 2498 filed by Senator Aronberg would revise the provisions in court-ordered nonbinding arbitration relating to the presentation of testimony and evidence and the award of the costs of a trial de novo following arbitration against the party requesting the trial when the trial judgment differs from the arbitration award.
HB 549 and SB 1482 Relating to Mobile Home Park Lot Tenancies both contain provisions authorizing the court to order arbitration although the language is not the same. Other ADR bills:
HB 391 (filed by Representative Domino) and SB 2530 (filed by Senator Posey) relate to community associations and includes amendments to Chapter 720, Florida Statutes. Section 720.311 is entitled Dispute Resolution and currently contains provisions for arbitration and mediation. The proposed amendments would clarify and strengthen the provisions for presuit mediation. The bill also deletes the provisions relating to “department mediators” and instead refers to mediators or arbitrators who are “certified as circuit civil mediator[s] … by the Florida Supreme Court.”

Another Senate bill, SB 546, filed by Senator Fassano, would repeal section 720.311 in its entirety and amend the jurisdiction of the county courts to create original jurisdiction for Homeowner Association disputes with the county courts. HB 837 filed by Representative Hays and SB 1598 filed by Senator Baker authorizes insurers to issue life insurance policies containing a mandatory binding arbitration provision (not under chapter 44, Florida Statutes). HB 1227 filed by Garcia and SB 2570 contain technical amendments to the dispute resolution provisions relating to mediation and arbitration of Community Association disputes under the Department of Business and Professional Regulation, Florida Land Sales, Condominiums, and Mobile Home Division. HB 1441 filed by Representative Ambler would establish a pilot program in the 6th and 13th circuits for the purpose of resolving deed restriction and covenant disputes in deed-restricted communities. At the current time there is no Senate companion.

In other news, Judge Shawn Briese, chair of the Florida Supreme Court Committee on Alternative Dispute Resolution Rules and Policy presented the Committee’s petition to amend the Rules for Certified and Court-Appointed Mediators on February 8(05-998). You can watch the Oral Argument or read the transcript. The Supreme Court has not yet issued its opinion. Opinions are released on Thursdays at 11 am and you can check on-line to see the Opinions. We will, of course, post it prominently on our website too.

Finally, it is with great sadness that I report the passing of two exceptional mediators and colleagues. Douglas Lawless who served as a member of the Mediator Qualifications Board in the Southern Division and was always quick with a smile lost a lengthy battle with leukemia. G. Tiny Geiger, participated in one of the first mediation training programs conducted by the Florida Supreme Court and thus, was one of the first mediators I met. Far from tiny in stature, Tiny was one of a kind. There is no doubt that the Florida mediation community is better for Doug and Tiny’s contributions and they will be missed by us all. Because of the great joy that both Doug and Tiny exuded every day, I know they would not want me to end this on a sad note. So, let me end instead by reminding everyone that 2006 is a big year in Florida. It is the 20th anniversary of the founding of the Dispute Resolution Center. I hope you will join our celebration in August at the annual DRC Conference. Brochures and registration material will be sent to the address we have on file and will also be available on line at www.flcourts.org. I look forward to seeing you at the conference! Sharon