Florida Rule 1.820 Nonbinding Arbitration Changes Took Effect November 12, 2026

On November 12, 2026, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.820, which sets hearing procedures for court-ordered nonbinding arbitration, in case No. SC2026-0040. The amendments took effect immediately on the date of the opinion. They change how an arbitration decision reaches the court file and what a party must file to reject the decision and go to trial.

The Court adopted the proposal of The Florida Bar's Civil Procedure Rules Committee with some minor modifications. The proposal was published for comment in The Florida Bar News, drew four comments and was the subject of oral argument.

Arbitration Decisions Are No Longer Sealed and Filed by the Arbitrator

Under the prior version of Rule 1.820(g)(3), the arbitrator's decision and the originals of any transcripts were sealed and filed with the clerk when the parties were notified of the decision. The amended rule removes that requirement.

The arbitrator must still notify the parties of the decision in writing within 10 days after the final adjournment of the hearing. The arbitrator now files a notice of service stating that the decision has been served on the parties, instead of filing the decision itself.

Filing a Request for Trial De Novo to Reject a Decision

The Court amended newly numbered subdivision (h)(1) to align more closely with section 44.103(5), Florida Statutes. Under the amended rule, a party needs only to file a timely request for trial de novo to reject an arbitration decision and proceed to trial. No other action or inaction by a party counts as a rejection.

The deadline remains 20 days after service of the arbitrator's written decision. When one party files a timely request, a party with a third-party claim at issue at the time of arbitration may file its own request within 10 days after service of the first one.

The Court declined to add language requiring that a timely request for trial de novo be "construed so as to do substantial justice." The opinion states that this language could create needless uncertainty and additional litigation.

New Deadlines for Filing the Arbitration Decision

Because the arbitrator no longer files the decision, the amended rule assigns that step to the parties. If no request for trial de novo is made within 20 days of service, a party entitled to judgment must file the arbitration decision. The presiding judge then enters the orders and judgments needed to carry out the decision under section 44.103(5).

New subdivision (i) covers cases that go to trial. When a timely request for trial de novo is filed, the arbitration decision must not be filed until it is needed to enforce section 44.103 after the entry of judgment. Within 30 days after the entry of judgment, any party entitled to a judgment must file and serve the arbitration decision so the judge can enter any orders and final judgments.

Effective Date for Parties and Arbitrators

The opinion states that the filing of a motion for rehearing will not alter the effective date of the amendments. All seven justices concurred.

The amended procedures govern court-ordered nonbinding arbitration in civil cases across Florida as of November 12, 2026, including cases in the 18th Judicial Circuit, which serves Brevard and Seminole counties.