The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 44
MEDIATION ALTERNATIVES TO JUDICIAL ACTION

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F.S. 44.107

44.107 Immunity for arbitrators, mediators, and mediator trainees.—

(1) Arbitrators serving under s. 44.103 or s. 44.104, mediators serving under s. 44.102, and trainees fulfilling the mentorship requirements for certification by the Supreme Court as a mediator shall have judicial immunity in the same manner and to the same extent as a judge.

(2) A person serving as a mediator in any noncourt-ordered mediation shall have immunity from liability arising from the performance of that person’s duties while acting within the scope of the mediation function if such mediation is:

(a) Required by statute or agency rule or order;

(b) Conducted under ss. 44.401-44.406 by express agreement of the mediation parties; or

(c) Facilitated by a mediator certified by the Supreme Court, unless the mediation parties expressly agree not to be bound by ss. 44.401-44.406.

The mediator does not have immunity if he or she acts in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

(3) A person serving under s. 44.106 to assist the Supreme Court in performing its disciplinary function shall have absolute immunity from liability arising from the performance of that person’s duties while acting within the scope of that person’s appointed function.

History.—s. 5, ch. 89-31; s. 7, ch. 90-188; s. 1, ch. 95-421; s. 2, ch. 2004-291.

Note.—Former s. 44.307.

F.S. 44.107 on Google Scholar

F.S. 44.107 on Casetext

Amendments to 44.107

Arrestable Offenses / Crimes under Fla. Stat. 44.107

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 44.107.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MARINE WHOLESALE WAREHOUSE CO. v. UNITED STATES, 315 F. Supp. 3d 498 (D.D.C. 2018)

. . . . § 44.107. . . . applicable regulations and statutes governing the Tobacco and Alcohol Permits, see 27 C.F.R. §§ 1.44, 44.107 . . . See 27 C.F.R. § 44.107 (stating that tobacco permits automatically terminate "[w]here the issuance, sale . . . stockholders exercising actual or legal control of the operations of the corporation." 27 C.F.R. § 44.107 . . . Thus, in addition to subjecting the plaintiff's permits to automatic termination under 27 C.F.R. § 44.107 . . .

GULF COAST MARITIME SUPPLY, INC. v. UNITED STATES, 867 F.3d 123 (D.C. Cir. 2017)

. . . . § 44.107 (tobacco permit). . . . One regulation relevant here is 27 C.F.R. § 44.107. . . . tobacco permit context, automatic termination is governed by its own regulatory provision. 27 C.F.R. § 44.107 . . . See 27 C.F.R. § 44.107. . . .

GULF COAST MARITIME SUPPLY, INC. v. UNITED STATES, 218 F. Supp. 3d 92 (D.D.C. 2016)

. . . . § 44.107 (emphasis added). . . .

VITAKIS- VALCHINE, v. L. VALCHINE,, 793 So. 2d 1094 (Fla. Dist. Ct. App. 2001)

. . . .” § 44.107, Fla. Stat. . . .