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47 verbatim mandatory provisions from 23-40-b.
Eighteenth Judicial Circuit. Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
• The Administrative Judge of the Circuit Civil Division shall create for Court Administration a list of persons who are qualified to serve as arbitrators. 2. • To be qualified as an arbitrator, one must comply with the qualifications and training requirements set forth in Florida Rules of Arbitration 11.010, 11.020, and 11.110. • The list of qualified arbitrators shall be designated as the 18th Judicial Circuit’s List of Qualified Arbitrators. 3. • Arbitration shall be conducted in accordance with the rules of practice and procedure adopted by the Supreme Court of Florida, as well as with all orders and directives as may be approved by the Chief Judge. • The time and place of the arbitration hearing shall be scheduled by the arbitrator(s) after consulting with the parties and their attorneys. • The arbitration hearing shall be conducted within Brevard County, Florida, unless the parties otherwise agree to the use of communication technology, as that term is defined in the Florida Rules of Judicial Administration. • Any agreement to use communication technology in lieu of a live appearance, shall be subject to approval by the Chief Arbitrator. 4. • An Order of Referral, or a substantially similar order, shall be used by the presiding Judge on all cases referred to arbitration. • Arbitrators in this Circuit, conducting court ordered non-binding arbitration, shall be compensated at an hourly rate not to exceed three hundred dollars ($300.00) per hour. • The Arbitrator’s minimum fee shall be paid at least seven (7) days prior to the commencement of said hearing, with any remaining fee to be paid within fifteen (15) days after completion of the hearing. • Fees shall be equally divided between parties, subject to the Court’s authority to subsequently assess those fees against a party as court costs. 7. • Unless otherwise agreed to, the parties shall submit any affidavits, expert witness reports, court record excerpts, case law, and any other documents they wish the arbitrator to consider at least seven (7) days before the commencement of the arbitration hearing. • The Clerk of the Court shall designate an employee(s) to accept the arbitrator’s written decision and shall seal such filing in accordance with Fla. • Section 44.103, Florida Statutes; and Rules 11.010 and 11.020, Florida Rules Court-Appointed Arbitrators; the parties are hereby referred to non-binding arbitration, which shall be conducted according to the aforementioned authorities and rules of practice and procedure adopted by the Supreme Court of Florida. • If the parties choose to select the arbitrator(s), they shall do so from the approved arbitrator list maintained by Court Administration. • If the parties choose to select a three-member arbitration panel, the plaintiff(s) and the defendant(s) shall each select one arbitrator, and those two arbitrators shall select the third arbitrator who shall serve as the Chief Arbitrator of the panel. • If the parties select an arbitrator(s) other than those named above, notice of such selection shall be given to the Court by the parties designating their selected arbitrator(s) on the attached Arbitration Acknowledgement Form, setting forth the name(s), address(es) and telephone number(s) of the selected arbitrator(s). • The said form shall be filed by plaintiff’s counsel (or by defendant’s counsel if the plaintiff is appearing pro-se) no later than twenty (20) days after the date of this order. • If the Arbitration Acknowledgement Form is not timely filed, the parties shall be deemed to have waived the option to select the arbitrator(s), and the arbitrator(s) named in this order shall hear and decide the arbitration proceedings. • The first arbitration hearing shall be held within sixty (60) days of this Order. • The arbitrator(s) shall attempt to coordinate the dates and times for arbitration with the parties/attorneys. • Within thirty (30) days of this Order, the Chief Arbitrator shall notify the parties of the date, time and place of the arbitration hearing. • The actual Notice of Arbitration is attached to, and incorporated into this Order, and shall be completed by the Chief Arbitrator and forwarded to the attorneys for each party and all pro se litigants. • If there is a lack of cooperation and/or a failure to meet the time limits imposed by this Order, the arbitrator shall file a Notice of Non-Compliance and shall supply the assigned judge a copy of same. • The parties/attorneys shall follow the arbitration procedures detailed in the Notice of Arbitration. • Defendant. ______________________________/ ARBITRATION ACKNOWLEDGEMENT FORM This form shall be filed by counsel for Plaintiff or, if Plaintiff is pro se, by counsel for the Defendant. • Second Arbitrator’s Name: _______________________________________ Address: _______________________________________ Telephone Number: _______________________________________ Third Arbitrator’s Name: _______________________________________ Address: _______________________________________ Telephone Number: _______________________________________ The arbitration conference will be held on____________________________. _____________________________________________ __________________________________ Signature of Party/Party’s Attorney Date _____________________________________ Printed Name of Party/Party’s Attorney IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA CASE NO: __________________ Petitioner/Plaintiff, vs Respondent/Defendant _______________________________/ NOTICE OF COURT ORDERED NON-BINDING ARBITRATION You are hereby notified that the Court-ordered arbitration in this matter shall take place as follows: • NAME OF CHIEF ARBITRATOR: ___________________________________ PLACE OF ARBITRATION: ___________________________________ ___________________________________ DATE OF ARBITRATION: ___________________________________ TIME OF ARBITRATION: ___________________________________ Prior to the arbitration proceedings, please familiarize yourself with the following: • The Arbitrator’s fee shall be paid at least seven (7) days prior to the commencement of said hearing, with any remaining fee to be paid within fifteen (15) days after completion of the hearing. • Fees shall be equally divided between parties, subject to the Court’s authority to subsequently assess those fees against a party as court costs. 3. • An arbitrator shall have the power to administer oaths or affirmations, conduct the arbitration proceedings, issue subpoenas for the attendance of witnesses and the production of books, records, documents, and other evidence, and apply to the Court for orders compelling such attendance and production. 4. • Subpoenas shall be served and shall be enforceable in the manner provided by law. 5. • Arbitration proceedings are quasi-judicial proceedings and, as such, are to have the same procedural safeguards as judicial proceedings, even though they are not meant to be conducted with formality of court; each party must have a full hearing in the presence of the other party, unless such right is waived by agreement or conduct. 6. • Any agreement to use communication technology in lieu of a live appearance, shall be subject to approval by the Chief Arbitrator. 7. • Presentation of testimony shall be kept to a minimum; matters shall be presented to the arbitrator(s) primarily through statements and arguments of counsel. 10. • When a party fails to appear at a hearing, the arbitrator(s) may proceed with the hearing and shall render a decision, based upon the facts and circumstances, as presented by the parties present. 13. • Arbitration shall be completed within thirty (30) days of the first arbitration hearing, unless extended by order of the court on motion of the arbitrator or of a party. • No extension of time shall be for a period exceeding sixty (60) days from the date of the first arbitration hearing. 15. • Within ten (10) days of the final adjournment of the arbitration hearing, the arbitrator(s) shall notify the parties, in writing, of the decision. • The arbitrator(s) shall indicate in the decision which party prevailed on each claim/counter-claim. • The arbitrator’s decision and the originals of any transcripts shall be sealed and filed with the Clerk of the Circuit Court at the time the parties are notified of the decision. • Any objection that an award was not made within the time required is waived, unless the objecting party notifies the arbitrators in writing of his/her objection prior to the delivery of the award to him/her. 16. • An arbitration decision shall be final if a request for a trial de novo is not filed within twenty (20) days of the filing of the sealed decision. 17. • If a motion for trial de novo is not made within twenty (20) days of filing of the sealed decision, the decision shall be referred to the presiding judge, who shall enter such orders and judgments as may be required to carry out the terms of the decision, as provided by Section 44.103(4), Florida Statutes. • Such orders shall be enforceable by the contempt powers of the court and execution on such judgments shall issue on request of a party. 18. • The arbitrator shall complete the Arbitrator Statistical Summary Form twenty (20) days after the written decision has been served to all parties and return the form to Court Administration. • A trial de novo was requested within 20 days of the serving of the written decision of the Arbitrator.
The Administrative Judge of the Circuit Civil Division shall create for Court Administration a list of persons who are qualified to serve as arbitrators. 2.
Reviewer note: Document sha256: 3b323a437619328b6fb31f9b939dbfcf4dc67c5828d41b3b7bf6c8149c54f293 (266191 bytes). BenchPath harvested this circuit itself because no research corpus existed for it. Extraction is conservative: mandatory-language sentences only, so this rule is a faithful subset of the order, never a summary of it. | Scope corrected 2026-08-03: the 18th numbers county-specific orders with -b (Brevard) and -s (Seminole); unsuffixed orders are circuit-wide. This rule was bulk-tagged to one county at harvest; the court's own numbering convention now controls. Text layer cleaned 2026-09-08 (Phase 3a): page markers removed; wording untouched. Verbatim from the order's own text layer, harvested 2026-07-24; whitespace normalised only. No OCR was used. Only sentences containing mandatory language (shall, must, may not, no later than, within N) are reproduced — the full document is in custody and is the controlling text. [moved from the text 2026-09-14]
4 verbatim requirements on hearings.
2 verbatim requirements on hearing time in LAUREN N. PEFFER's division.