Bill Text: FL S0530 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Dispute Resolution
Spectrum: Bipartisan Bill
Status: (Passed) 2013-07-01 - Chapter No. 2013-232 [S0530 Detail]
Download: Florida-2013-S0530-Introduced.html
Bill Title: Dispute Resolution
Spectrum: Bipartisan Bill
Status: (Passed) 2013-07-01 - Chapter No. 2013-232 [S0530 Detail]
Download: Florida-2013-S0530-Introduced.html
Florida Senate - 2013 SB 530
By Senator Thrasher
6-00240A-13 2013530__
1 A bill to be entitled
2 An act relating to dispute resolution; amending s.
3 682.01, F.S.; revising the short title of the “Florida
4 Arbitration Code” to the “Revised Florida Arbitration
5 Code”; creating s. 682.011, F.S.; providing
6 definitions; creating s. 682.012, F.S.; specifying how
7 a person gives notice to another person and how a
8 person receives notice; creating s. 682.013, F.S.;
9 specifying the applicability of the revised code;
10 creating s. 682.014, F.S.; providing that an agreement
11 may waive or vary the effect of statutory arbitration
12 provisions; providing exceptions; creating s. 682.015,
13 F.S.; providing for petitions for judicial relief;
14 providing for service of notice of an initial petition
15 for such relief; amending s. 682.02, F.S.; revising
16 provisions relating to the making of arbitration
17 agreements; requiring a court to decide whether an
18 agreement to arbitrate exists or a controversy is
19 subject to an agreement to arbitrate; providing for
20 determination of specified issues by an arbitrator;
21 providing for continuation of an arbitration
22 proceeding pending resolution of certain issues by a
23 court; revising provisions relating to applicability
24 of provisions to certain interlocal agreements;
25 amending s. 682.03, F.S.; revising provisions relating
26 to proceedings to compel and to stay arbitration;
27 creating s. 682.031, F.S.; providing for a court to
28 order provisional remedies before an arbitrator is
29 appointed and is authorized and able to act; providing
30 for orders for provisional remedies by an arbitrator;
31 providing that a party does not waive a right of
32 arbitration by seeking provisional remedies in court;
33 creating s. 682.032, F.S.; providing for initiation of
34 arbitration; providing that a person waives any
35 objection to lack of or insufficiency of notice by
36 appearing at the arbitration hearing; providing an
37 exception; creating s. 682.033, F.S.; providing for
38 consolidation of separate arbitration proceedings as
39 to all or some of the claims in certain circumstances;
40 prohibiting consolidation if the agreement prohibits
41 consolidation; amending s. 682.04, F.S.; revising
42 provisions relating to appointment of an arbitrator;
43 prohibiting an individual who has an interest in the
44 outcome of an arbitration from serving as a neutral
45 arbitrator; creating s. 682.041, F.S.; requiring
46 certain disclosures of interests and relationships by
47 a person before accepting appointment as an
48 arbitrator; providing a continuing obligation to make
49 such disclosures; providing for objections to an
50 arbitrator based on information disclosed; providing
51 for vacation of an award if an arbitrator failed to
52 disclose a fact as required; providing that an
53 arbitrator appointed as a neutral arbitrator who does
54 not disclose certain interests or relationships is
55 presumed to act with partiality for specified
56 purposes; requiring parties to substantially comply
57 with agreed-to procedures of an arbitration
58 organization or any other procedures for challenges to
59 arbitrators before an award is made in order to seek
60 vacation of an award on specified grounds; amending s.
61 682.05, F.S.; requiring that if there is more than one
62 arbitrator, the powers of an arbitrator must be
63 exercised by a majority of the arbitrators; requiring
64 all arbitrators to conduct the arbitration hearing;
65 creating s. 682.051, F.S.; providing immunity from
66 civil liability for an arbitrator or an arbitration
67 organization acting in that capacity; providing that
68 this immunity is supplemental to any immunity under
69 other law; providing that failure to make a required
70 disclosure does not remove immunity; providing that an
71 arbitrator or representative of an arbitration
72 organization is not competent to testify and may not
73 be required to produce records concerning the
74 arbitration; providing exceptions; providing for
75 awarding an arbitrator, arbitration organization, or
76 representative of an arbitration organization with
77 reasonable attorney fees and expenses of litigation
78 under certain circumstances; amending s. 682.06, F.S.;
79 revising provisions relating to the conduct of
80 arbitration hearings; providing for summary
81 disposition, notice of hearings, adjournment, and
82 rights of a party to the arbitration proceeding;
83 requiring appointment of a replacement arbitrator in
84 certain circumstances; amending s. 682.07, F.S.;
85 providing that a party to an arbitration proceeding
86 may be represented by an attorney; amending s. 682.08,
87 F.S.; revising provisions relating to the issuance,
88 service, and enforcement of subpoenas; revising
89 provisions relating to depositions; authorizing an
90 arbitrator to permit discovery in certain
91 circumstances; authorizing an arbitrator to order
92 compliance with discovery; authorizing protective
93 orders by an arbitrator; providing for applicability
94 of laws compelling a person under subpoena to testify
95 and all fees for attending a judicial proceeding, a
96 deposition, or a discovery proceeding as a witness;
97 providing for court enforcement of a subpoena or
98 discovery-related order; providing for witness fees;
99 creating s. 682.081, F.S.; providing for judicial
100 enforcement of a preaward ruling by an arbitrator in
101 certain circumstances; providing exceptions; amending
102 s. 682.09, F.S.; revising provisions relating to the
103 record needed for an award; revising provisions
104 relating to the time within which an award must be
105 made; amending s. 682.10, F.S.; revising provisions
106 relating to requirements for a motion to modify or
107 correct an award; amending s. 682.11, F.S.; revising
108 provisions relating to fees and expenses of
109 arbitration; authorizing punitive damages and other
110 exemplary relief and remedies; amending s. 682.12,
111 F.S.; revising provisions relating to confirmation of
112 an award; amending s. 682.13, F.S.; revising
113 provisions relating to grounds for vacating an award;
114 revising provisions relating to a motion for vacating
115 an award; providing for a rehearing in certain
116 circumstances; amending s. 682.14, F.S.; revising
117 provisions relating to the time for moving to modify
118 or correct an award; deleting references to the term
119 “umpire”; revising a provision concerning confirmation
120 of awards; amending s. 682.15, F.S.; revising
121 provisions relating to a court order confirming,
122 vacating without directing a rehearing, modifying, or
123 correcting an award; providing for award of costs and
124 attorney fees in certain circumstances; repealing s.
125 682.16, F.S., relating to judgment roll and docketing
126 of certain orders; repealing s. 682.17, F.S., relating
127 to application to court; repealing s. 682.18, F.S.,
128 relating to the definition of the term “court” and
129 jurisdiction; creating s. 682.181, F.S.; providing for
130 jurisdiction relating to the revised code; amending s.
131 682.19, F.S.; revising provisions relating to venue
132 for actions relating to the code; amending s. 682.20,
133 F.S.; providing that an appeal may be taken from an
134 order denying confirmation of an award unless the
135 court has entered an order under specified provisions;
136 providing that all other orders denying confirmation
137 of an award are final orders; repealing s. 682.21,
138 F.S., relating to the previous code not applying
139 retroactively; repealing s. 682.22, F.S., relating to
140 conflict of laws; creating s. 682.23, F.S.; specifying
141 the relationship of the code to the Electronic
142 Signatures in Global and National Commerce Act;
143 providing for applicability; creating s. 682.25, F.S.;
144 providing that the revised code does not apply to any
145 dispute involving child custody, visitation, or child
146 support; amending ss. 440.1926, 489.1402, and 731.401,
147 F.S.; conforming cross-references; providing an
148 effective date.
149
150 Be It Enacted by the Legislature of the State of Florida:
151
152 Section 1. Section 682.01, Florida Statutes, is amended to
153 read:
154 682.01 Short title Florida Arbitration Code.—This chapter
155 Sections 682.01-682.22 may be cited as the “Revised Florida
156 Arbitration Code.”
157 Section 2. Section 682.011, Florida Statutes, is created to
158 read:
159 682.011 Definitions.—As used in this chapter, the term:
160 (1) “Arbitration organization” means an association,
161 agency, board, commission, or other entity that is neutral and
162 initiates, sponsors, or administers an arbitration proceeding or
163 is involved in the appointment of an arbitrator.
164 (2) “Arbitrator” means an individual appointed to render an
165 award, alone or with others, in a controversy that is subject to
166 an agreement to arbitrate.
167 (3) “Court” means a court of competent jurisdiction in this
168 state.
169 (4) “Knowledge” means actual knowledge.
170 (5) “Person” means an individual, corporation, business
171 trust, estate, trust, partnership, limited liability company,
172 association, joint venture, or government; governmental
173 subdivision, agency, or instrumentality; public corporation; or
174 any other legal or commercial entity.
175 (6) “Record” means information that is inscribed on a
176 tangible medium or that is stored in an electronic or other
177 medium and is retrievable in perceivable form.
178 Section 3. Section 682.012, Florida Statutes, is created to
179 read:
180 682.012 Notice.—
181 (1) Except as otherwise provided in this chapter, a person
182 gives notice to another person by taking action that is
183 reasonably necessary to inform the other person in ordinary
184 course, whether or not the other person acquires knowledge of
185 the notice.
186 (2) A person has notice if the person has knowledge of the
187 notice or has received notice.
188 (3) A person receives notice when it comes to the person’s
189 attention or the notice is delivered at the person’s place of
190 residence or place of business, or at another location held out
191 by the person as a place of delivery of such communications.
192 Section 4. Section 682.013, Florida Statutes, is created to
193 read:
194 682.013 Applicability of revised code.—
195 (1) The Revised Florida Arbitration Code governs an
196 agreement to arbitrate made on or after July 1, 2013.
197 (2) The Revised Florida Arbitration Code governs an
198 agreement to arbitrate made before July 1, 2013, if all the
199 parties to the agreement or to the arbitration proceeding so
200 agree in a record. Otherwise, such agreements shall be governed
201 by the applicable law existing at the time the parties entered
202 into the agreement.
203 (3) The Revised Florida Arbitration Code does not affect an
204 action or proceeding commenced or right accrued before July 1,
205 2013.
206 (4) Beginning July 1, 2016, an agreement to arbitrate shall
207 be subject to the then-applicable law governing agreements to
208 arbitrate.
209 Section 5. Section 682.014, Florida Statutes, is created to
210 read:
211 682.014 Effect of agreement to arbitrate; nonwaivable
212 provisions.—
213 (1) Except as otherwise provided in subsections (2) and
214 (3), a party to an agreement to arbitrate or to an arbitration
215 proceeding may waive, or the parties may vary the effect of, the
216 requirements of this chapter to the extent permitted by law.
217 (2) Before a controversy arises that is subject to an
218 agreement to arbitrate, a party to the agreement may not:
219 (a) Waive or agree to vary the effect of the requirements
220 of:
221 1. Commencing a petition for judicial relief under s.
222 682.015(1);
223 2. Making agreements to arbitrate valid, enforceable, and
224 irrevocable under s. 682.02(1);
225 3. Permitting provisional remedies under s. 682.031;
226 4. Conferring authority on arbitrators to issue subpoenas
227 and permit depositions under s. 682.08(1) or (2);
228 5. Conferring jurisdiction under s. 682.181; or
229 6. Stating the bases for appeal under s. 682.20;
230 (b) Agree to unreasonably restrict the right under s.
231 682.032 to notice of the initiation of an arbitration
232 proceeding;
233 (c) Agree to unreasonably restrict the right under s.
234 682.041 to disclosure of any facts by a neutral arbitrator; or
235 (d) Waive the right under s. 682.07 of a party to an
236 agreement to arbitrate to be represented by an attorney at any
237 proceeding or hearing under this chapter, but an employer and a
238 labor organization may waive the right to representation by an
239 attorney in a labor arbitration.
240 (3) A party to an agreement to arbitrate or arbitration
241 proceeding may not waive, or the parties may not vary the effect
242 of, the requirements in this section or:
243 (a) The applicability of this chapter, the Revised Florida
244 Arbitration Code, under s. 682.013(1) or (4);
245 (b) The availability of proceedings to compel or stay
246 arbitration under s. 682.03;
247 (c) The immunity conferred on arbitrators and arbitration
248 organizations under s. 682.051;
249 (d) A party’s right to seek judicial enforcement of an
250 arbitration preaward ruling under s. 682.081;
251 (e) The authority conferred on an arbitrator to change an
252 award under s. 682.10(4) or (5);
253 (f) The remedies provided under s. 682.12;
254 (g) The grounds for vacating an arbitration award under s.
255 682.13;
256 (h) The grounds for modifying an arbitration award under s.
257 682.14;
258 (i) The validity and enforceability of a judgment or decree
259 based on an award under s. 682.15(1) or (2);
260 (j) The validity of the Electronic Signatures in Global and
261 National Commerce Act under s. 682.23; or
262 (k) The excluded disputes involving child custody,
263 visitation, or child support under s. 682.25.
264 Section 6. Section 682.015, Florida Statutes, is created to
265 read:
266 682.015 Petition for judicial relief.—
267 (1) Except as otherwise provided in s. 682.20, a petition
268 for judicial relief under this chapter must be made to the court
269 and heard in the manner provided by law or rule of court for
270 making and hearing motions.
271 (2) Unless a civil action involving the agreement to
272 arbitrate is pending, notice of an initial petition to the court
273 under this chapter must be served in the manner provided by law
274 for the service of a summons in a civil action. Otherwise,
275 notice of the motion must be given in the manner provided by law
276 or rule of court for serving motions in pending cases.
277 Section 7. Section 682.02, Florida Statutes, is amended to
278 read:
279 682.02 Arbitration agreements made valid, irrevocable, and
280 enforceable; scope.—
281 (1) An agreement contained in a record to submit to
282 arbitration any existing or subsequent controversy arising
283 between the parties to the agreement is valid, enforceable, and
284 irrevocable except upon a ground that exists at law or in equity
285 for the revocation of a contract.
286 (2) The court shall decide whether an agreement to
287 arbitrate exists or a controversy is subject to an agreement to
288 arbitrate.
289 (3) An arbitrator shall decide whether a condition
290 precedent to arbitrability has been fulfilled and whether a
291 contract containing a valid agreement to arbitrate is
292 enforceable.
293 (4) If a party to a judicial proceeding challenges the
294 existence of, or claims that a controversy is not subject to, an
295 agreement to arbitrate, the arbitration proceeding may continue
296 pending final resolution of the issue by the court, unless the
297 court otherwise orders.
298 (5) Two or more parties may agree in writing to submit to
299 arbitration any controversy existing between them at the time of
300 the agreement, or they may include in a written contract a
301 provision for the settlement by arbitration of any controversy
302 thereafter arising between them relating to such contract or the
303 failure or refusal to perform the whole or any part thereof.
304 This section also applies to written interlocal agreements under
305 ss. 163.01 and 373.713 in which two or more parties agree to
306 submit to arbitration any controversy between them concerning
307 water use permit motions applications and other matters,
308 regardless of whether or not the water management district with
309 jurisdiction over the subject motion application is a party to
310 the interlocal agreement or a participant in the arbitration.
311 Such agreement or provision shall be valid, enforceable, and
312 irrevocable without regard to the justiciable character of the
313 controversy; provided that this act shall not apply to any such
314 agreement or provision to arbitrate in which it is stipulated
315 that this law shall not apply or to any arbitration or award
316 thereunder.
317 Section 8. Section 682.03, Florida Statutes, is amended to
318 read:
319 682.03 Proceedings to compel and to stay arbitration.—
320 (1) On motion of a person showing an agreement to arbitrate
321 and alleging another person’s refusal to arbitrate pursuant to
322 the agreement:
323 (a) If the refusing party does not appear or does not
324 oppose the motion, the court shall order the parties to
325 arbitrate.
326 (b) If the refusing party opposes the motion, the court
327 shall proceed summarily to decide the issue and order the
328 parties to arbitrate unless it finds that there is no
329 enforceable agreement to arbitrate. A party to an agreement or
330 provision for arbitration subject to this law claiming the
331 neglect or refusal of another party thereto to comply therewith
332 may make application to the court for an order directing the
333 parties to proceed with arbitration in accordance with the terms
334 thereof. If the court is satisfied that no substantial issue
335 exists as to the making of the agreement or provision, it shall
336 grant the application. If the court shall find that a
337 substantial issue is raised as to the making of the agreement or
338 provision, it shall summarily hear and determine the issue and,
339 according to its determination, shall grant or deny the
340 application.
341 (2) On motion of a person alleging that an arbitration
342 proceeding has been initiated or threatened but that there is no
343 agreement to arbitrate, the court shall proceed summarily to
344 decide the issue. If the court finds that there is an
345 enforceable agreement to arbitrate, it shall order the parties
346 to arbitrate. If an issue referable to arbitration under an
347 agreement or provision for arbitration subject to this law
348 becomes involved in an action or proceeding pending in a court
349 having jurisdiction to hear an application under subsection (1),
350 such application shall be made in said court. Otherwise and
351 subject to s. 682.19, such application may be made in any court
352 of competent jurisdiction.
353 (3) If the court finds that there is no enforceable
354 agreement to arbitrate, it may not order the parties to
355 arbitrate pursuant to subsection (1) or subsection (2). Any
356 action or proceeding involving an issue subject to arbitration
357 under this law shall be stayed if an order for arbitration or an
358 application therefor has been made under this section or, if the
359 issue is severable, the stay may be with respect thereto only.
360 When the application is made in such action or proceeding, the
361 order for arbitration shall include such stay.
362 (4) The court may not refuse to order arbitration because
363 the claim subject to arbitration lacks merit or grounds for the
364 claim have not been established. On application the court may
365 stay an arbitration proceeding commenced or about to be
366 commenced, if it shall find that no agreement or provision for
367 arbitration subject to this law exists between the party making
368 the application and the party causing the arbitration to be had.
369 The court shall summarily hear and determine the issue of the
370 making of the agreement or provision and, according to its
371 determination, shall grant or deny the application.
372 (5) If a proceeding involving a claim referable to
373 arbitration under an alleged agreement to arbitrate is pending
374 in court, a motion under this section must be made in that
375 court. Otherwise, a motion under this section may be made in any
376 court as provided in s. 682.19. An order for arbitration shall
377 not be refused on the ground that the claim in issue lacks merit
378 or bona fides or because any fault or grounds for the claim
379 sought to be arbitrated have not been shown.
380 (6) If a party makes a motion to the court to order
381 arbitration, the court on just terms shall stay any judicial
382 proceeding that involves a claim alleged to be subject to the
383 arbitration until the court renders a final decision under this
384 section.
385 (7) If the court orders arbitration, the court on just
386 terms shall stay any judicial proceeding that involves a claim
387 subject to the arbitration. If a claim subject to the
388 arbitration is severable, the court may limit the stay to that
389 claim.
390 Section 9. Section 682.031, Florida Statutes, is created to
391 read:
392 682.031 Provisional remedies.—
393 (1) Before an arbitrator is appointed and is authorized and
394 able to act, the court, upon motion of a party to an arbitration
395 proceeding and for good cause shown, may enter an order for
396 provisional remedies to protect the effectiveness of the
397 arbitration proceeding to the same extent and under the same
398 conditions as if the controversy were the subject of a civil
399 action.
400 (2) After an arbitrator is appointed and is authorized and
401 able to act:
402 (a) The arbitrator may issue such orders for provisional
403 remedies, including interim awards, as the arbitrator finds
404 necessary to protect the effectiveness of the arbitration
405 proceeding and to promote the fair and expeditious resolution of
406 the controversy, to the same extent and under the same
407 conditions as if the controversy were the subject of a civil
408 action.
409 (b) A party to an arbitration proceeding may move the court
410 for a provisional remedy only if the matter is urgent and the
411 arbitrator is not able to act timely or the arbitrator cannot
412 provide an adequate remedy.
413 (3) A party does not waive a right of arbitration by making
414 a motion under this section.
415 (4) If an arbitrator awards a provisional remedy for
416 injunctive or equitable relief, the arbitrator shall state in
417 the award the factual findings and legal basis for the award.
418 (5) A party may seek to confirm or vacate a provisional
419 remedy award for injunctive or equitable relief under s.
420 682.081.
421 Section 10. Section 682.032, Florida Statutes, is created
422 to read:
423 682.032 Initiation of arbitration.—
424 (1) A person initiates an arbitration proceeding by giving
425 notice in a record to the other parties to the agreement to
426 arbitrate in the agreed manner between the parties or, in the
427 absence of agreement, by certified or registered mail, return
428 receipt requested and obtained, or by service as authorized for
429 the commencement of a civil action. The notice must describe the
430 nature of the controversy and the remedy sought.
431 (2) Unless a person objects for lack or insufficiency of
432 notice under s. 682.06(3) not later than the beginning of the
433 arbitration hearing, the person by appearing at the hearing
434 waives any objection to lack of or insufficiency of notice.
435 Section 11. Section 682.033, Florida Statutes, is created
436 to read:
437 682.033 Consolidation of separate arbitration proceedings.—
438 (1) Except as otherwise provided in subsection (3), upon
439 motion of a party to an agreement to arbitrate or to an
440 arbitration proceeding, the court may order consolidation of
441 separate arbitration proceedings as to all or some of the claims
442 if:
443 (a) There are separate agreements to arbitrate or separate
444 arbitration proceedings between the same persons or one of them
445 is a party to a separate agreement to arbitrate or a separate
446 arbitration proceeding with a third person;
447 (b) The claims subject to the agreements to arbitrate arise
448 in substantial part from the same transaction or series of
449 related transactions;
450 (c) The existence of a common issue of law or fact creates
451 the possibility of conflicting decisions in the separate
452 arbitration proceedings; and
453 (d) Prejudice resulting from a failure to consolidate is
454 not outweighed by the risk of undue delay or prejudice to the
455 rights of or hardship to parties opposing consolidation.
456 (2) The court may order consolidation of separate
457 arbitration proceedings as to some claims and allow other claims
458 to be resolved in separate arbitration proceedings.
459 (3) The court may not order consolidation of the claims of
460 a party to an agreement to arbitrate if the agreement prohibits
461 consolidation.
462 Section 12. Section 682.04, Florida Statutes, is amended to
463 read:
464 682.04 Appointment of arbitrators by court.—
465 (1) If the parties to an agreement to arbitrate agree on or
466 provision for arbitration subject to this law provides a method
467 for appointing the appointment of arbitrators or an umpire, this
468 method must shall be followed, unless the method fails.
469 (2) The court, on application of a party to an arbitration
470 agreement, shall appoint one or more arbitrators, if:
471 (a) The parties have not agreed on a method;
472 (b) The agreed method fails;
473 (c) One or more of the parties failed to respond to the
474 demand for arbitration; or
475 (d) An arbitrator fails to act and a successor has not been
476 appointed.
477 (3) In the absence thereof, or if the agreed method fails
478 or for any reason cannot be followed, or if an arbitrator or
479 umpire who has been appointed fails to act and his or her
480 successor has not been duly appointed, the court, on application
481 of a party to such agreement or provision shall appoint one or
482 more arbitrators or an umpire. An arbitrator or umpire so
483 appointed has all the shall have like powers of an arbitrator
484 designated as if named or provided for in the agreement to
485 arbitrate appointed pursuant to the agreed method or provision.
486 (4) An individual who has a known, direct, and material
487 interest in the outcome of the arbitration proceeding or a
488 known, existing, and substantial relationship with a party may
489 not serve as an arbitrator required by an agreement to be
490 neutral.
491 Section 13. Section 682.041, Florida Statutes, is created
492 to read:
493 682.041 Disclosure by arbitrator.—
494 (1) Before accepting appointment, an individual who is
495 requested to serve as an arbitrator, after making a reasonable
496 inquiry, shall disclose to all parties to the agreement to
497 arbitrate and arbitration proceeding and to any other
498 arbitrators any known facts that a reasonable person would
499 consider likely to affect the person’s impartiality as an
500 arbitrator in the arbitration proceeding, including:
501 (a) A financial or personal interest in the outcome of the
502 arbitration proceeding.
503 (b) An existing or past relationship with any of the
504 parties to the agreement to arbitrate or the arbitration
505 proceeding, their counsel or representative, a witness, or
506 another arbitrator.
507 (2) An arbitrator has a continuing obligation to disclose
508 to all parties to the agreement to arbitrate and arbitration
509 proceeding and to any other arbitrators any facts that the
510 arbitrator learns after accepting appointment that a reasonable
511 person would consider likely to affect the impartiality of the
512 arbitrator.
513 (3) If an arbitrator discloses a fact required by
514 subsection (1) or subsection (2) to be disclosed and a party
515 timely objects to the appointment or continued service of the
516 arbitrator based upon the fact disclosed, the objection may be a
517 ground under s. 682.13(1)(b) for vacating an award made by the
518 arbitrator.
519 (4) If the arbitrator did not disclose a fact as required
520 by subsection (1) or subsection (2), upon timely objection by a
521 party, the court may vacate an award under s. 682.13(1)(b).
522 (5) An arbitrator appointed as a neutral arbitrator who
523 does not disclose a known, direct, and material interest in the
524 outcome of the arbitration proceeding or a known, existing, and
525 substantial relationship with a party is presumed to act with
526 evident partiality under s. 682.13(1)(b).
527 (6) If the parties to an arbitration proceeding agree to
528 the procedures of an arbitration organization or any other
529 procedures for challenges to arbitrators before an award is
530 made, substantial compliance with those procedures is a
531 condition precedent to a motion to vacate an award on that
532 ground under s. 682.13(1)(b).
533 Section 14. Section 682.05, Florida Statutes, is amended to
534 read:
535 682.05 Majority action by arbitrators.—If there is more
536 than one arbitrator, the powers of an arbitrator must be
537 exercised by a majority of the arbitrators, but all of the
538 arbitrators shall conduct the hearing under s. 682.06(3). The
539 powers of the arbitrators may be exercised by a majority of
540 their number unless otherwise provided in the agreement or
541 provision for arbitration.
542 Section 15. Section 682.051, Florida Statutes, is created
543 to read:
544 682.051 Immunity of arbitrator; competency to testify;
545 attorney fees and costs.—
546 (1) An arbitrator or an arbitration organization acting in
547 that capacity is immune from civil liability to the same extent
548 as a judge of a court of this state acting in a judicial
549 capacity.
550 (2) The immunity afforded under this section supplements
551 any immunity under other law.
552 (3) The failure of an arbitrator to make a disclosure
553 required by s. 682.041 does not cause any loss of immunity under
554 this section.
555 (4) In a judicial, administrative, or similar proceeding,
556 an arbitrator or representative of an arbitration organization
557 is not competent to testify, and may not be required to produce
558 records as to any statement, conduct, decision, or ruling
559 occurring during the arbitration proceeding, to the same extent
560 as a judge of a court of this state acting in a judicial
561 capacity. This subsection does not apply:
562 (a) To the extent necessary to determine the claim of an
563 arbitrator, arbitration organization, or representative of the
564 arbitration organization against a party to the arbitration
565 proceeding; or
566 (b) To a hearing on a motion to vacate an award under s.
567 682.13(1)(a) or (b) if the movant establishes prima facie that a
568 ground for vacating the award exists.
569 (5) If a person commences a civil action against an
570 arbitrator, arbitration organization, or representative of an
571 arbitration organization arising from the services of the
572 arbitrator, organization, or representative or if a person seeks
573 to compel an arbitrator or a representative of an arbitration
574 organization to testify or produce records in violation of
575 subsection (4), and the court decides that the arbitrator,
576 arbitration organization, or representative of an arbitration
577 organization is immune from civil liability or that the
578 arbitrator or representative of the organization is not
579 competent to testify, the court shall award to the arbitrator,
580 organization, or representative reasonable attorney fees and
581 other reasonable expenses of litigation.
582 Section 16. Section 682.06, Florida Statutes, is amended to
583 read:
584 682.06 Hearing.—
585 (1) An arbitrator may conduct an arbitration in such manner
586 as the arbitrator considers appropriate for a fair and
587 expeditious disposition of the proceeding. The arbitrator’s
588 authority includes the power to hold conferences with the
589 parties to the arbitration proceeding before the hearing and,
590 among other matters, determine the admissibility, relevance,
591 materiality, and weight of any evidence. Unless otherwise
592 provided by the agreement or provision for arbitration:
593 (1)(a) The arbitrators shall appoint a time and place for
594 the hearing and cause notification to the parties to be served
595 personally or by registered or certified mail not less than 5
596 days before the hearing. Appearance at the hearing waives a
597 party’s right to such notice. The arbitrators may adjourn their
598 hearing from time to time upon their own motion and shall do so
599 upon the request of any party to the arbitration for good cause
600 shown, provided that no adjournment or postponement of their
601 hearing shall extend beyond the date fixed in the agreement or
602 provision for making the award unless the parties consent to a
603 later date. An umpire authorized to hear and decide the cause
604 upon failure of the arbitrators to agree upon an award shall, in
605 the course of his or her jurisdiction, have like powers and be
606 subject to like limitations thereon.
607 (b) The arbitrators, or umpire in the course of his or her
608 jurisdiction, may hear and decide the controversy upon the
609 evidence produced notwithstanding the failure or refusal of a
610 party duly notified of the time and place of the hearing to
611 appear. The court on application may direct the arbitrators, or
612 the umpire in the course of his or her jurisdiction, to proceed
613 promptly with the hearing and making of the award.
614 (2) An arbitrator may decide a request for summary
615 disposition of a claim or particular issue:
616 (a) If all interested parties agree; or
617 (b) Upon request of one party to the arbitration
618 proceeding, if that party gives notice to all other parties to
619 the proceeding and the other parties have a reasonable
620 opportunity to respond. The parties are entitled to be heard, to
621 present evidence material to the controversy and to cross
622 examine witnesses appearing at the hearing.
623 (3) If an arbitrator orders a hearing, the arbitrator shall
624 set a time and place and give notice of the hearing not less
625 than 5 days before the hearing begins. Unless a party to the
626 arbitration proceeding makes an objection to lack or
627 insufficiency of notice not later than the beginning of the
628 hearing, the party’s appearance at the hearing waives the
629 objection. Upon request of a party to the arbitration proceeding
630 and for good cause shown, or upon the arbitrator’s own
631 initiative, the arbitrator may adjourn the hearing from time to
632 time as necessary, but may not postpone the hearing to a time
633 later than that fixed by the agreement to arbitrate for making
634 the award unless the parties to the arbitration proceeding
635 consent to a later date. The arbitrator may hear and decide the
636 controversy upon the evidence produced although a party who was
637 duly notified of the arbitration proceeding did not appear. The
638 court, on request, may direct the arbitrator to conduct the
639 hearing promptly and render a timely decision. The hearing shall
640 be conducted by all of the arbitrators but a majority may
641 determine any question and render a final award. An umpire
642 authorized to hear and decide the cause upon the failure of the
643 arbitrators to agree upon an award shall sit with the
644 arbitrators throughout their hearing but shall not be counted as
645 a part of their quorum or in the making of their award. If,
646 during the course of the hearing, an arbitrator for any reason
647 ceases to act, the remaining arbitrator, arbitrators or umpire
648 appointed to act as neutrals may continue with the hearing and
649 determination of the controversy.
650 (4) At a hearing under subsection (3), a party to the
651 arbitration proceeding has a right to be heard, to present
652 evidence material to the controversy, and to cross-examine
653 witnesses appearing at the hearing.
654 (5) If an arbitrator ceases or is unable to act during the
655 arbitration proceeding, a replacement arbitrator must be
656 appointed in accordance with s. 682.04 to continue the
657 proceeding and to resolve the controversy.
658 Section 17. Section 682.07, Florida Statutes, is amended to
659 read:
660 682.07 Representation by attorney.—A party to an
661 arbitration proceeding may has the right to be represented by an
662 attorney at any arbitration proceeding or hearing under this
663 law. A waiver thereof prior to the proceeding or hearing is
664 ineffective.
665 Section 18. Section 682.08, Florida Statutes, is amended to
666 read:
667 682.08 Witnesses, subpoenas, depositions.—
668 (1) An arbitrator may issue a subpoena for the attendance
669 of a witness and for the production of records and other
670 evidence at any hearing and may administer oaths. A subpoena
671 must be served in the manner for service of subpoenas in a civil
672 action and, upon motion to the court by a party to the
673 arbitration proceeding or the arbitrator, enforced in the manner
674 for enforcement of subpoenas in a civil action. Arbitrators, or
675 an umpire authorized to hear and decide the cause upon failure
676 of the arbitrators to agree upon an award, in the course of her
677 or his jurisdiction, may issue subpoenas for the attendance of
678 witnesses and for the production of books, records, documents
679 and other evidence, and shall have the power to administer
680 oaths. Subpoenas so issued shall be served, and upon application
681 to the court by a party to the arbitration or the arbitrators,
682 or the umpire, enforced in the manner provided by law for the
683 service and enforcement of subpoenas in a civil action.
684 (2) In order to make the proceedings fair, expeditious, and
685 cost effective, upon request of a party to, or a witness in, an
686 arbitration proceeding, an arbitrator may permit a deposition of
687 any witness to be taken for use as evidence at the hearing,
688 including a witness who cannot be subpoenaed for or is unable to
689 attend a hearing. The arbitrator shall determine the conditions
690 under which the deposition is taken. On application of a party
691 to the arbitration and for use as evidence, the arbitrators, or
692 the umpire in the course of her or his jurisdiction, may permit
693 a deposition to be taken, in the manner and upon the terms
694 designated by them or her or him of a witness who cannot be
695 subpoenaed or is unable to attend the hearing.
696 (3) An arbitrator may permit such discovery as the
697 arbitrator decides is appropriate in the circumstances, taking
698 into account the needs of the parties to the arbitration
699 proceeding and other affected persons and the desirability of
700 making the proceeding fair, expeditious, and cost effective. All
701 provisions of law compelling a person under subpoena to testify
702 are applicable.
703 (4) If an arbitrator permits discovery under subsection
704 (3), the arbitrator may order a party to the arbitration
705 proceeding to comply with the arbitrator’s discovery-related
706 orders, issue subpoenas for the attendance of a witness and for
707 the production of records and other evidence at a discovery
708 proceeding, and take action against a noncomplying party to the
709 extent a court could if the controversy were the subject of a
710 civil action in this state.
711 (5) An arbitrator may issue a protective order to prevent
712 the disclosure of privileged information, confidential
713 information, trade secrets, and other information protected from
714 disclosure to the extent a court could if the controversy were
715 the subject of a civil action in this state.
716 (6) All laws compelling a person under subpoena to testify
717 and all fees for attending a judicial proceeding, a deposition,
718 or a discovery proceeding as a witness apply to an arbitration
719 proceeding as if the controversy were the subject of a civil
720 action in this state.
721 (7) The court may enforce a subpoena or discovery-related
722 order for the attendance of a witness within this state and for
723 the production of records and other evidence issued by an
724 arbitrator in connection with an arbitration proceeding in
725 another state upon conditions determined by the court so as to
726 make the arbitration proceeding fair, expeditious, and cost
727 effective. A subpoena or discovery-related order issued by an
728 arbitrator in another state must be served in the manner
729 provided by law for service of subpoenas in a civil action in
730 this state and, upon motion to the court by a party to the
731 arbitration proceeding or the arbitrator, enforced in the manner
732 provided by law for enforcement of subpoenas in a civil action
733 in this state.
734 (8)(4) Fees for attendance as a witness shall be the same
735 as for a witness in the circuit court.
736 Section 19. Section 682.081, Florida Statutes, is created
737 to read:
738 682.081 Judicial enforcement of preaward ruling by
739 arbitrator.—
740 (1) Except as provided in subsection (2), if an arbitrator
741 makes a preaward ruling in favor of a party to the arbitration
742 proceeding, the party may request that the arbitrator
743 incorporate the ruling into an award under s. 682.12. A
744 prevailing party may make a motion to the court for an expedited
745 order to confirm the award under s. 682.12, in which case the
746 court shall summarily decide the motion. The court shall issue
747 an order to confirm the award unless the court vacates,
748 modifies, or corrects the award under s. 682.13 or s. 682.14.
749 (2) A party to a provisional remedy award for injunctive or
750 equitable relief may make a motion to the court seeking to
751 confirm or vacate the provisional remedy award.
752 (a) The court shall confirm a provisional remedy award for
753 injunctive or equitable relief if the award satisfies the legal
754 standards for awarding a party injunctive or equitable relief.
755 (b) The court shall vacate a provisional remedy award for
756 injunctive or equitable relief which fails to satisfy the legal
757 standards for awarding a party injunctive or equitable relief.
758 Section 20. Section 682.09, Florida Statutes, is amended to
759 read:
760 682.09 Award.—
761 (1) An arbitrator shall make a record of an award. The
762 record must be signed or otherwise authenticated by any
763 arbitrator who concurs with the award. The arbitrator or the
764 arbitration organization shall give notice of the award,
765 including a copy of the award, to each party to the arbitration
766 proceeding. The award shall be in writing and shall be signed by
767 the arbitrators joining in the award or by the umpire in the
768 course of his or her jurisdiction. They or he or she shall
769 deliver a copy to each party to the arbitration either
770 personally or by registered or certified mail, or as provided in
771 the agreement or provision.
772 (2) An award must be made within the time specified by the
773 agreement to arbitrate or, if not specified therein, within the
774 time ordered by the court. The court may extend, or the parties
775 to the arbitration proceeding may agree in a record to extend,
776 the time. The court or the parties may do so within or after the
777 time specified or ordered. A party waives any objection that an
778 award was not timely made unless the party gives notice of the
779 objection to the arbitrator before receiving notice of the
780 award. An award shall be made within the time fixed therefor by
781 the agreement or provision for arbitration or, if not so fixed,
782 within such time as the court may order on application of a
783 party to the arbitration. The parties may, by written agreement,
784 extend the time either before or after the expiration thereof.
785 Any objection that an award was not made within the time
786 required is waived unless the objecting party notifies the
787 arbitrators or umpire in writing of his or her objection prior
788 to the delivery of the award to him or her.
789 Section 21. Section 682.10, Florida Statutes, is amended to
790 read:
791 682.10 Change of award by arbitrators or umpire.—
792 (1) On motion to an arbitrator by a party to an arbitration
793 proceeding, the arbitrator may modify or correct an award:
794 (a) Upon a ground stated in s. 682.14(1)(a) or (c);
795 (b) Because the arbitrator has not made a final and
796 definite award upon a claim submitted by the parties to the
797 arbitration proceeding; or
798 (c) To clarify the award.
799 (2) A motion under subsection (1) must be made and notice
800 given to all parties within 20 days after the movant receives
801 notice of the award.
802 (3) A party to the arbitration proceeding must give notice
803 of any objection to the motion within 10 days after receipt of
804 the notice.
805 (4) If a motion to the court is pending under s. 682.12, s.
806 682.13, or s. 682.14, the court may submit the claim to the
807 arbitrator to consider whether to modify or correct the award:
808 (a) Upon a ground stated in s. 682.14(1)(a) or (c);
809 (b) Because the arbitrator has not made a final and
810 definite award upon a claim submitted by the parties to the
811 arbitration proceeding; or
812 (c) To clarify the award.
813 (5) An award modified or corrected pursuant to this section
814 is subject to ss. 682.09(1), 682.12, 682.13, and 682.14. On
815 application of a party to the arbitration, or if an application
816 to the court is pending under s. 682.12, s. 682.13 or s. 682.14,
817 on submission to the arbitrators, or to the umpire in the case
818 of an umpire’s award, by the court under such conditions as the
819 court may order, the arbitrators or umpire may modify or correct
820 the award upon the grounds stated in s. 682.14(1)(a) and (c) or
821 for the purpose of clarifying the award. The application shall
822 be made within 20 days after delivery of the award to the
823 applicant. Written notice thereof shall be given forthwith to
824 the other party to the arbitration, stating that he or she must
825 serve his or her objections thereto, if any, within 10 days from
826 the notice. The award so modified or corrected is subject to the
827 provisions of ss. 682.12-682.14.
828 Section 22. Section 682.11, Florida Statutes, is amended to
829 read:
830 682.11 Remedies; fees and expenses of arbitration
831 proceeding.—
832 (1) An arbitrator may award punitive damages or other
833 exemplary relief if such an award is authorized by law in a
834 civil action involving the same claim and the evidence produced
835 at the hearing justifies the award under the legal standards
836 otherwise applicable to the claim.
837 (2) An arbitrator may award reasonable attorney fees and
838 other reasonable expenses of arbitration if such an award is
839 authorized by law in a civil action involving the same claim or
840 by the agreement of the parties to the arbitration proceeding.
841 (3) As to all remedies other than those authorized by
842 subsections (1) and (2), an arbitrator may order such remedies
843 as the arbitrator considers just and appropriate under the
844 circumstances of the arbitration proceeding. The fact that such
845 a remedy could not or would not be granted by the court is not a
846 ground for refusing to confirm an award under s. 682.12 or for
847 vacating an award under s. 682.13.
848 (4) An arbitrator’s expenses and fees, together with other
849 expenses, must be paid as provided in the award.
850 (5) If an arbitrator awards punitive damages or other
851 exemplary relief under subsection (1), the arbitrator shall
852 specify in the award the basis in fact justifying and the basis
853 in law authorizing the award and state separately the amount of
854 the punitive damages or other exemplary relief. Unless otherwise
855 provided in the agreement or provision for arbitration, the
856 arbitrators’ and umpire’s expenses and fees, together with other
857 expenses, not including counsel fees, incurred in the conduct of
858 the arbitration, shall be paid as provided in the award.
859 Section 23. Section 682.12, Florida Statutes, is amended to
860 read:
861 682.12 Confirmation of an award.—After a party to an
862 arbitration proceeding receives notice of an award, the party
863 may make a motion to the court for an order confirming the award
864 at which time the court shall issue a confirming order unless
865 the award is modified or corrected pursuant to s. 682.10 or s.
866 682.14 or is vacated pursuant to s. 682.13. Upon application of
867 a party to the arbitration, the court shall confirm an award,
868 unless within the time limits hereinafter imposed grounds are
869 urged for vacating or modifying or correcting the award, in
870 which case the court shall proceed as provided in ss. 682.13 and
871 682.14.
872 Section 24. Section 682.13, Florida Statutes, is amended to
873 read:
874 682.13 Vacating an award.—
875 (1) Upon motion application of a party to an arbitration
876 proceeding, the court shall vacate an arbitration award if when:
877 (a) The award was procured by corruption, fraud, or other
878 undue means;.
879 (b) There was:
880 1. Evident partiality by an arbitrator appointed as a
881 neutral arbitrator;
882 2. Corruption by an arbitrator; or
883 3. Misconduct by an arbitrator prejudicing the rights of a
884 party to the arbitration proceeding; or corruption in any of the
885 arbitrators or umpire or misconduct prejudicing the rights of
886 any party.
887 (c) An arbitrator refused to postpone the hearing upon
888 showing of sufficient cause for postponement, refused to hear
889 evidence material to the controversy, or otherwise conducted the
890 hearing contrary to s. 682.06, so as to prejudice substantially
891 the rights of a party to the arbitration proceeding; The
892 arbitrators or the umpire in the course of her or his
893 jurisdiction exceeded their powers.
894 (d) An arbitrator exceeded the arbitrator’s powers; The
895 arbitrators or the umpire in the course of her or his
896 jurisdiction refused to postpone the hearing upon sufficient
897 cause being shown therefor or refused to hear evidence material
898 to the controversy or otherwise so conducted the hearing,
899 contrary to the provisions of s. 682.06, as to prejudice
900 substantially the rights of a party.
901 (e) There was no agreement to arbitrate, unless the person
902 participated in the arbitration proceeding without raising the
903 objection under s. 682.06(3) not later than the beginning of the
904 arbitration hearing; or There was no agreement or provision for
905 arbitration subject to this law, unless the matter was
906 determined in proceedings under s. 682.03 and unless the party
907 participated in the arbitration hearing without raising the
908 objection.
909 (f) The arbitration was conducted without proper notice of
910 the initiation of an arbitration as required in s. 682.032 so as
911 to prejudice substantially the rights of a party to the
912 arbitration proceeding.
913 But the fact that the relief was such that it could not or would
914 not be granted by a court of law or equity is not ground for
915 vacating or refusing to confirm the award.
916 (2) A motion under this section must be filed within 90
917 days after the movant receives notice of the award pursuant to
918 s. 682.09 or within 90 days after the movant receives notice of
919 a modified or corrected award pursuant to s. 682.10, unless the
920 movant alleges that the award was procured by corruption, fraud,
921 or other undue means, in which case the motion must be made
922 within 90 days after the ground is known or by the exercise of
923 reasonable care would have been known by the movant. An
924 application under this section shall be made within 90 days
925 after delivery of a copy of the award to the applicant, except
926 that, if predicated upon corruption, fraud or other undue means,
927 it shall be made within 90 days after such grounds are known or
928 should have been known.
929 (3) If the court vacates an award on a ground other than
930 that set forth in paragraph (1)(e), it may order a rehearing. If
931 the award is vacated on a ground stated in paragraph (1)(a) or
932 paragraph (1)(b), the rehearing must be before a new arbitrator.
933 If the award is vacated on a ground stated in paragraph (1)(c),
934 paragraph (1)(d), or paragraph (1)(f), the rehearing may be
935 before the arbitrator who made the award or the arbitrator’s
936 successor. The arbitrator must render the decision in the
937 rehearing within the same time as that provided in s. 682.09(2)
938 for an award. In vacating the award on grounds other than those
939 stated in paragraph (1)(e), the court may order a rehearing
940 before new arbitrators chosen as provided in the agreement or
941 provision for arbitration or by the court in accordance with s.
942 682.04, or, if the award is vacated on grounds set forth in
943 paragraphs (1)(c) and (d), the court may order a rehearing
944 before the arbitrators or umpire who made the award or their
945 successors appointed in accordance with s. 682.04. The time
946 within which the agreement or provision for arbitration requires
947 the award to be made is applicable to the rehearing and
948 commences from the date of the order therefor.
949 (4) If a motion the application to vacate is denied and no
950 motion to modify or correct the award is pending, the court
951 shall confirm the award.
952 Section 25. Section 682.14, Florida Statutes, is amended to
953 read:
954 682.14 Modification or correction of award.—
955 (1) Upon motion made within 90 days after the movant
956 receives notice of the award pursuant to s. 682.09 or within 90
957 days after the movant receives notice of a modified or corrected
958 award pursuant to s. 682.10, the court shall modify or correct
959 the award if Upon application made within 90 days after delivery
960 of a copy of the award to the applicant, the court shall modify
961 or correct the award when:
962 (a) There is an evident miscalculation of figures or an
963 evident mistake in the description of any person, thing, or
964 property referred to in the award.
965 (b) The arbitrators or umpire have awarded upon a matter
966 not submitted in the arbitration to them or him or her and the
967 award may be corrected without affecting the merits of the
968 decision upon the issues submitted.
969 (c) The award is imperfect as a matter of form, not
970 affecting the merits of the controversy.
971 (2) If the application is granted, the court shall modify
972 and correct the award so as to effect its intent and shall
973 confirm the award as so modified and corrected. Otherwise,
974 unless a motion to vacate the award under s. 682.13 is pending,
975 the court shall confirm the award as made.
976 (3) An application to modify or correct an award may be
977 joined in the alternative with an application to vacate the
978 award under s. 682.13.
979 Section 26. Section 682.15, Florida Statutes, is amended to
980 read:
981 682.15 Judgment or decree on award.—
982 (1) Upon granting an order confirming, vacating without
983 directing a rehearing, modifying, or correcting an award, the
984 court shall enter a judgment in conformity therewith. The
985 judgment may be recorded, docketed, and enforced as any other
986 judgment in a civil action.
987 (2) A court may allow reasonable costs of the motion and
988 subsequent judicial proceedings.
989 (3) On motion of a prevailing party to a contested judicial
990 proceeding under s. 682.12, s. 682.13, or s. 682.14, the court
991 may add reasonable attorney fees and other reasonable expenses
992 of litigation incurred in a judicial proceeding after the award
993 is made to a judgment confirming, vacating without directing a
994 rehearing, modifying, or correcting an award. Upon the granting
995 of an order confirming, modifying or correcting an award,
996 judgment or decree shall be entered in conformity therewith and
997 be enforced as any other judgment or decree. Costs of the
998 application and of the proceedings subsequent thereto, and
999 disbursements may be awarded by the court.
1000 Section 27. Section 682.16, Florida Statutes, is repealed.
1001 Section 28. Section 682.17, Florida Statutes, is repealed.
1002 Section 29. Section 682.18, Florida Statutes, is repealed.
1003 Section 30. Section 682.181, Florida Statutes, is created
1004 to read:
1005 682.181 Jurisdiction.—
1006 (1) A court of this state having jurisdiction over the
1007 controversy and the parties may enforce an agreement to
1008 arbitrate.
1009 (2) An agreement to arbitrate providing for arbitration in
1010 this state confers exclusive jurisdiction on the court to enter
1011 judgment on an award under this chapter.
1012 Section 31. Section 682.19, Florida Statutes, is amended to
1013 read:
1014 682.19 Venue.—A petition pursuant to s. 682.015 must be
1015 filed in the court of the county in which the agreement to
1016 arbitrate specifies the arbitration hearing is to be held or, if
1017 the hearing has been held, in the court of the county in which
1018 it was held. Otherwise, the petition may be made in the court of
1019 any county in which an adverse party resides or has a place of
1020 business or, if no adverse party has a residence or place of
1021 business in this state, in the court of any county in this
1022 state. All subsequent petitions must be made in the court
1023 hearing the initial petition unless the court otherwise directs.
1024 Any application under this law may be made to the court of the
1025 county in which the other party to the agreement or provision
1026 for arbitration resides or has a place of business, or, if she
1027 or he has no residence or place of business in this state, then
1028 to the court of any county. All applications under this law
1029 subsequent to an initial application shall be made to the court
1030 hearing the initial application unless it shall order otherwise.
1031 Section 32. Section 682.20, Florida Statutes, is amended to
1032 read:
1033 682.20 Appeals.—
1034 (1) An appeal may be taken from:
1035 (a) An order denying an application to compel arbitration
1036 made under s. 682.03.
1037 (b) An order granting a motion an application to stay
1038 arbitration pursuant to made under s. 682.03(2)-(4).
1039 (c) An order confirming or denying confirmation of an
1040 award.
1041 (d) An order denying confirmation of an award unless the
1042 court has entered an order under s. 682.10(4) or s. 682.13. All
1043 other orders denying confirmation of an award are final orders.
1044 (e)(d) An order modifying or correcting an award.
1045 (f)(e) An order vacating an award without directing a
1046 rehearing.
1047 (g)(f) A judgment or decree entered pursuant to this
1048 chapter the provisions of this law.
1049 (2) The appeal shall be taken in the manner and to the same
1050 extent as from orders or judgments in a civil action.
1051 Section 33. Section 682.21, Florida Statutes, is repealed.
1052 Section 34. Section 682.22, Florida Statutes, is repealed.
1053 Section 35. Section 682.23, Florida Statutes, is created to
1054 read:
1055 682.23 Relationship to Electronic Signatures in Global and
1056 National Commerce Act.—The provisions of this chapter governing
1057 the legal effect, validity, and enforceability of electronic
1058 records or electronic signatures and of contracts performed with
1059 the use of such records or signatures conform to the
1060 requirements of s. 102 of the Electronic Signatures in Global
1061 and National Commerce Act, 15 U.S.C. s. 7002.
1062 Section 36. Section 682.25, Florida Statutes, is created to
1063 read:
1064 682.25 Disputes excluded.—This chapter does not apply to
1065 any dispute involving child custody, visitation, or child
1066 support.
1067 Section 37. Section 440.1926, Florida Statutes, is amended
1068 to read:
1069 440.1926 Alternate dispute resolution; claim arbitration.
1070 Notwithstanding any other provision of this chapter, the
1071 employer, carrier, and employee may mutually agree to seek
1072 consent from a judge of compensation claims to enter into
1073 binding claim arbitration in lieu of any other remedy provided
1074 for in this chapter to resolve all issues in dispute regarding
1075 an injury. Arbitrations agreed to pursuant to this section shall
1076 be governed by chapter 682, the Revised Florida Arbitration
1077 Code, except that, notwithstanding any provision in chapter 682,
1078 the term “court” shall mean a judge of compensation claims. An
1079 arbitration award in accordance with this section is shall be
1080 enforceable in the same manner and with the same powers as any
1081 final compensation order.
1082 Section 38. Paragraph (a) of subsection (1) of section
1083 489.1402, Florida Statutes, is amended to read:
1084 489.1402 Homeowners’ Construction Recovery Fund;
1085 definitions.—
1086 (1) The following definitions apply to ss. 489.140-489.144:
1087 (a) “Arbitration” means alternative dispute resolution
1088 entered into between a claimant and a contractor either pursuant
1089 to a construction contract that contains a mandatory arbitration
1090 clause or through any binding arbitration under chapter 682, the
1091 Revised Florida Arbitration Code.
1092 Section 39. Subsection (2) of section 731.401, Florida
1093 Statutes, is amended to read:
1094 731.401 Arbitration of disputes.—
1095 (2) Unless otherwise specified in the will or trust, a will
1096 or trust provision requiring arbitration shall be presumed to
1097 require binding arbitration under chapter 682, the Revised
1098 Florida Arbitration Code s. 44.104.
1099 Section 40. This act shall take effect July 1, 2013.
