The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL: SB 1346
INTRODUCER: Senator Brandes
SUBJECT: Felony Settlement Conferences
DATE: March 29, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Bond Cibula JU Favorable
2. Erickson Jones CJ Favorable
3. RC
I. Summary:
SB 1346 allows a circuit court to establish procedures for felony settlement conferences to
facilitate further negotiation of settlements between parties to a pending felony criminal case if
such parties have previously failed to reach a negotiated disposition. The bill also sets forth
requirements for the presiding judge of the settlement conference.
The bill takes effect July 1, 2021.
II. Present Situation:
Alternative dispute resolution (ADR) is an alternative to judicial resolution of disputes. ADR
generally describes the use of methods such as guided negotiation, mediation, or arbitration to
help the parties resolve a dispute before trial.1 According to the American Bar Association,
“[d]ispute resolution processes have several advantages. For instance, many dispute resolution
processes are cheaper and faster than the traditional legal process. Certain processes can provide
the parties involved with greater participation in reaching a solution, as well as more control over
the outcome of the dispute. In addition, dispute resolution processes are less formal and have
more flexible rules than the trial court.”2
While formal ADR appears to be uncommon in Florida’s criminal courts, informal negotiation
leading to a plea agreement or dismissal of the charges is prevalent. In the most recent year of
1
Alternative Dispute Resolution, Legal Information Institute, Cornell Law School, available at
https://www.law.cornell.edu/wex/alternative_dispute_resolution (last visited March 23, 2021).
2
Dispute Resolution Processes, American Bar Association, available at
https://www.americanbar.org/groups/dispute_resolution/resources/DisputeResolutionProcesses/ (last visited March 23,
2021).
BILL: SB 1346 Page 2
reporting, 97.7 percent of Florida felony cases were resolved before trial by negotiated plea
agreement or dismissal.3
According to information reported in a 2020 article, the Miami-Dade County circuit court
sponsored a pilot criminal mediation project between the state attorney’s office and the public
defender’s office. Four cases were resolved through this project.4
III. Effect of Proposed Changes:
The bill creates s. 26.58, F.S., regarding felony settlement conferences, which authorizes a circuit
court to establish procedures for felony settlement conferences to facilitate further negotiation of
settlements between parties to a pending felony criminal case if such parties have previously
failed to reach a negotiated disposition.
The bill requires that a settlement conference judge preside over the settlement conference to
assist the parties in reaching a negotiated disposition over the pending matter. The settlement
conference judge must be a retired judge or an attorney who had no involvement with the
pending matter outside of the felony settlement conference process. The trial judge presiding
over the pending matter may not preside over the felony settlement conference. A circuit court
using felony settlement conferences may adopt any other necessary procedures to administer the
new statute.
The bill takes effect July 1, 2021.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The bill does not require counties or municipalities to spend funds or limit their authority
to raise revenue or receive state-shared revenues as specified in Article VII, s. 18 of the
State Constitution.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
3
FY 2019-20 Statistical Reference Guide (Circuit Criminal Dispositions), p. 3-20, Office of the State Courts Administrator,
available at https://www.flcourts.org/content/download/720937/file/srg-ch-3-circuit-criminal-2019-20.pdf (last visited
March 23, 2021).
4
Miami-Dade Circuit Has Groundbreaking Pilot Project to Mediate Criminal Cases (Nov. 19, 2020), Daily Business
Review, available at https://www.law.com/dailybusinessreview/2020/11/19/miami-dade-circuit-has-groundbreaking-pilot-
project-to-mediate-criminal-cases/?slreturn=20210222132747#:~:text=Holt%2FCourtesy%20Photo)-
,Facing%20a%20daunting%20caseload%2C%20the%20criminal%20division%20of%20the%20Miami,that%20successfully
%20resolved%20four%20cases (last visited March 23, 2021).
 BILL: SB 1346 Page 3
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 26.58 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.