Bill Text: FL S0530 | 2013 | Regular Session | Comm Sub
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-Comm_Sub.html
Bill Title: Dispute Resolution
Spectrum: Bipartisan Bill
Status: (Passed) 2013-07-01 - Chapter No. 2013-232 [S0530 Detail]
Download: Florida-2013-S0530-Comm_Sub.html
Florida Senate - 2013 CS for SB 530
By the Committee on Judiciary; and Senator Thrasher
590-01694-13 2013530c1
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 s. 731.401, F.S.; providing for
147 application of the act to an arbitration provision in
148 a will or trust; amending ss. 440.1926 and 489.1402,
149 F.S.; conforming cross-references; providing an
150 effective date.
151
152 Be It Enacted by the Legislature of the State of Florida:
153
154 Section 1. Section 682.01, Florida Statutes, is amended to
155 read:
156 682.01 Short title Florida Arbitration Code.—This chapter
157 Sections 682.01-682.22 may be cited as the “Revised Florida
158 Arbitration Code.”
159 Section 2. Section 682.011, Florida Statutes, is created to
160 read:
161 682.011 Definitions.—As used in this chapter, the term:
162 (1) “Arbitration organization” means an association,
163 agency, board, commission, or other entity that is neutral and
164 initiates, sponsors, or administers an arbitration proceeding or
165 is involved in the appointment of an arbitrator.
166 (2) “Arbitrator” means an individual appointed to render an
167 award, alone or with others, in a controversy that is subject to
168 an agreement to arbitrate.
169 (3) “Court” means a court of competent jurisdiction in this
170 state.
171 (4) “Knowledge” means actual knowledge.
172 (5) “Person” means an individual, corporation, business
173 trust, estate, trust, partnership, limited liability company,
174 association, joint venture, or government; governmental
175 subdivision, agency, or instrumentality; public corporation; or
176 any other legal or commercial entity.
177 (6) “Record” means information that is inscribed on a
178 tangible medium or that is stored in an electronic or other
179 medium and is retrievable in perceivable form.
180 Section 3. Section 682.012, Florida Statutes, is created to
181 read:
182 682.012 Notice.—
183 (1) Except as otherwise provided in this chapter, a person
184 gives notice to another person by taking action that is
185 reasonably necessary to inform the other person in ordinary
186 course, whether or not the other person acquires knowledge of
187 the notice.
188 (2) A person has notice if the person has knowledge of the
189 notice or has received notice.
190 (3) A person receives notice when it comes to the person’s
191 attention or the notice is delivered at the person’s place of
192 residence or place of business, or at another location held out
193 by the person as a place of delivery of such communications.
194 Section 4. Section 682.013, Florida Statutes, is created to
195 read:
196 682.013 Applicability of revised code.—
197 (1) The Revised Florida Arbitration Code governs an
198 agreement to arbitrate made on or after July 1, 2013.
199 (2) Until June 30, 2016, the Revised Florida Arbitration
200 Code governs an agreement to arbitrate made before July 1, 2013,
201 if all the parties to the agreement or to the arbitration
202 proceeding so agree in a record. Otherwise, such agreements
203 shall be governed by the applicable law existing at the time the
204 parties entered into the agreement.
205 (3) The Revised Florida Arbitration Code does not affect an
206 action or proceeding commenced or right accrued before July 1,
207 2013.
208 (4) Beginning July 1, 2016, an agreement to arbitrate shall
209 be subject to the Revised Florida Arbitration Code
210 Section 5. Section 682.014, Florida Statutes, is created to
211 read:
212 682.014 Effect of agreement to arbitrate; nonwaivable
213 provisions.—
214 (1) Except as otherwise provided in subsections (2) and
215 (3), a party to an agreement to arbitrate or to an arbitration
216 proceeding may waive, or the parties may vary the effect of, the
217 requirements of this chapter to the extent permitted by law.
218 (2) Before a controversy arises that is subject to an
219 agreement to arbitrate, a party to the agreement may not:
220 (a) Waive or agree to vary the effect of the requirements
221 of:
222 1. Commencing a petition for judicial relief under s.
223 682.015(1);
224 2. Making agreements to arbitrate valid, enforceable, and
225 irrevocable under s. 682.02(1);
226 3. Permitting provisional remedies under s. 682.031;
227 4. Conferring authority on arbitrators to issue subpoenas
228 and permit depositions under s. 682.08(1) or (2);
229 5. Conferring jurisdiction under s. 682.181; or
230 6. Stating the bases for appeal under s. 682.20;
231 (b) Agree to unreasonably restrict the right under s.
232 682.032 to notice of the initiation of an arbitration
233 proceeding;
234 (c) Agree to unreasonably restrict the right under s.
235 682.041 to disclosure of any facts by a neutral arbitrator; or
236 (d) Waive the right under s. 682.07 of a party to an
237 agreement to arbitrate to be represented by an attorney at any
238 proceeding or hearing under this chapter, but an employer and a
239 labor organization may waive the right to representation by an
240 attorney in a labor arbitration.
241 (3) A party to an agreement to arbitrate or arbitration
242 proceeding may not waive, or the parties may not vary the effect
243 of, the requirements in this section or:
244 (a) The applicability of this chapter, the Revised Florida
245 Arbitration Code, under s. 682.013(1) or (4);
246 (b) The availability of proceedings to compel or stay
247 arbitration under s. 682.03;
248 (c) The immunity conferred on arbitrators and arbitration
249 organizations under s. 682.051;
250 (d) A party’s right to seek judicial enforcement of an
251 arbitration preaward ruling under s. 682.081;
252 (e) The authority conferred on an arbitrator to change an
253 award under s. 682.10(4) or (5);
254 (f) The remedies provided under s. 682.12;
255 (g) The grounds for vacating an arbitration award under s.
256 682.13;
257 (h) The grounds for modifying an arbitration award under s.
258 682.14;
259 (i) The validity and enforceability of a judgment or decree
260 based on an award under s. 682.15(1) or (2);
261 (j) The validity of the Electronic Signatures in Global and
262 National Commerce Act under s. 682.23; or
263 (k) The effect of excluding from arbitration under this
264 chapter disputes involving child custody, visitation, or child
265 support under s. 682.25.
266 Section 6. Section 682.015, Florida Statutes, is created to
267 read:
268 682.015 Petition for judicial relief.—
269 (1) Except as otherwise provided in s. 682.20, a petition
270 for judicial relief under this chapter must be made to the court
271 and heard in the manner provided by law or rule of court for
272 making and hearing motions.
273 (2) Unless a civil action involving the agreement to
274 arbitrate is pending, notice of an initial petition to the court
275 under this chapter must be served in the manner provided by law
276 for the service of a summons in a civil action. Otherwise,
277 notice of the motion must be given in the manner provided by law
278 or rule of court for serving motions in pending cases.
279 Section 7. Section 682.02, Florida Statutes, is amended to
280 read:
281 682.02 Arbitration agreements made valid, irrevocable, and
282 enforceable; scope.—
283 (1) An agreement contained in a record to submit to
284 arbitration any existing or subsequent controversy arising
285 between the parties to the agreement is valid, enforceable, and
286 irrevocable except upon a ground that exists at law or in equity
287 for the revocation of a contract.
288 (2) The court shall decide whether an agreement to
289 arbitrate exists or a controversy is subject to an agreement to
290 arbitrate.
291 (3) An arbitrator shall decide whether a condition
292 precedent to arbitrability has been fulfilled and whether a
293 contract containing a valid agreement to arbitrate is
294 enforceable.
295 (4) If a party to a judicial proceeding challenges the
296 existence of, or claims that a controversy is not subject to, an
297 agreement to arbitrate, the arbitration proceeding may continue
298 pending final resolution of the issue by the court, unless the
299 court otherwise orders.
300 (5) Two or more parties may agree in writing to submit to
301 arbitration any controversy existing between them at the time of
302 the agreement, or they may include in a written contract a
303 provision for the settlement by arbitration of any controversy
304 thereafter arising between them relating to such contract or the
305 failure or refusal to perform the whole or any part thereof.
306 This section also applies to written interlocal agreements under
307 ss. 163.01 and 373.713 in which two or more parties agree to
308 submit to arbitration any controversy between them concerning
309 water use permit applications and other matters, regardless of
310 whether or not the water management district with jurisdiction
311 over the subject application is a party to the interlocal
312 agreement or a participant in the arbitration. Such agreement or
313 provision shall be valid, enforceable, and irrevocable without
314 regard to the justiciable character of the controversy; provided
315 that this act shall not apply to any such agreement or provision
316 to arbitrate in which it is stipulated that this law shall not
317 apply or to any arbitration or award thereunder.
318 Section 8. Section 682.03, Florida Statutes, is amended to
319 read:
320 682.03 Proceedings to compel and to stay arbitration.—
321 (1) On motion of a person showing an agreement to arbitrate
322 and alleging another person’s refusal to arbitrate pursuant to
323 the agreement:
324 (a) If the refusing party does not appear or does not
325 oppose the motion, the court shall order the parties to
326 arbitrate.
327 (b) If the refusing party opposes the motion, the court
328 shall proceed summarily to decide the issue and order the
329 parties to arbitrate unless it finds that there is no
330 enforceable agreement to arbitrate. A party to an agreement or
331 provision for arbitration subject to this law claiming the
332 neglect or refusal of another party thereto to comply therewith
333 may make application to the court for an order directing the
334 parties to proceed with arbitration in accordance with the terms
335 thereof. If the court is satisfied that no substantial issue
336 exists as to the making of the agreement or provision, it shall
337 grant the application. If the court shall find that a
338 substantial issue is raised as to the making of the agreement or
339 provision, it shall summarily hear and determine the issue and,
340 according to its determination, shall grant or deny the
341 application.
342 (2) On motion of a person alleging that an arbitration
343 proceeding has been initiated or threatened but that there is no
344 agreement to arbitrate, the court shall proceed summarily to
345 decide the issue. If the court finds that there is an
346 enforceable agreement to arbitrate, it shall order the parties
347 to arbitrate. If an issue referable to arbitration under an
348 agreement or provision for arbitration subject to this law
349 becomes involved in an action or proceeding pending in a court
350 having jurisdiction to hear an application under subsection (1),
351 such application shall be made in said court. Otherwise and
352 subject to s. 682.19, such application may be made in any court
353 of competent jurisdiction.
354 (3) If the court finds that there is no enforceable
355 agreement to arbitrate, it may not order the parties to
356 arbitrate pursuant to subsection (1) or subsection (2). Any
357 action or proceeding involving an issue subject to arbitration
358 under this law shall be stayed if an order for arbitration or an
359 application therefor has been made under this section or, if the
360 issue is severable, the stay may be with respect thereto only.
361 When the application is made in such action or proceeding, the
362 order for arbitration shall include such stay.
363 (4) The court may not refuse to order arbitration because
364 the claim subject to arbitration lacks merit or grounds for the
365 claim have not been established. On application the court may
366 stay an arbitration proceeding commenced or about to be
367 commenced, if it shall find that no agreement or provision for
368 arbitration subject to this law exists between the party making
369 the application and the party causing the arbitration to be had.
370 The court shall summarily hear and determine the issue of the
371 making of the agreement or provision and, according to its
372 determination, shall grant or deny the application.
373 (5) If a proceeding involving a claim referable to
374 arbitration under an alleged agreement to arbitrate is pending
375 in court, a motion under this section must be made in that
376 court. Otherwise, a motion under this section may be made in any
377 court as provided in s. 682.19. An order for arbitration shall
378 not be refused on the ground that the claim in issue lacks merit
379 or bona fides or because any fault or grounds for the claim
380 sought to be arbitrated have not been shown.
381 (6) If a party makes a motion to the court to order
382 arbitration, the court on just terms shall stay any judicial
383 proceeding that involves a claim alleged to be subject to the
384 arbitration until the court renders a final decision under this
385 section.
386 (7) If the court orders arbitration, the court on just
387 terms shall stay any judicial proceeding that involves a claim
388 subject to the arbitration. If a claim subject to the
389 arbitration is severable, the court may limit the stay to that
390 claim.
391 Section 9. Section 682.031, Florida Statutes, is created to
392 read:
393 682.031 Provisional remedies.—
394 (1) Before an arbitrator is appointed and is authorized and
395 able to act, the court, upon motion of a party to an arbitration
396 proceeding and for good cause shown, may enter an order for
397 provisional remedies to protect the effectiveness of the
398 arbitration proceeding to the same extent and under the same
399 conditions as if the controversy were the subject of a civil
400 action.
401 (2) After an arbitrator is appointed and is authorized and
402 able to act:
403 (a) The arbitrator may issue such orders for provisional
404 remedies, including interim awards, as the arbitrator finds
405 necessary to protect the effectiveness of the arbitration
406 proceeding and to promote the fair and expeditious resolution of
407 the controversy, to the same extent and under the same
408 conditions as if the controversy were the subject of a civil
409 action.
410 (b) A party to an arbitration proceeding may move the court
411 for a provisional remedy only if the matter is urgent and the
412 arbitrator is not able to act timely or the arbitrator cannot
413 provide an adequate remedy.
414 (3) A party does not waive a right of arbitration by making
415 a motion under this section.
416 (4) If an arbitrator awards a provisional remedy for
417 injunctive or equitable relief, the arbitrator shall state in
418 the award the factual findings and legal basis for the award.
419 (5) A party may seek to confirm or vacate a provisional
420 remedy award for injunctive or equitable relief under s.
421 682.081.
422 Section 10. Section 682.032, Florida Statutes, is created
423 to read:
424 682.032 Initiation of arbitration.—
425 (1) A person initiates an arbitration proceeding by giving
426 notice in a record to the other parties to the agreement to
427 arbitrate in the agreed manner between the parties or, in the
428 absence of agreement, by certified or registered mail, return
429 receipt requested and obtained, or by service as authorized for
430 the commencement of a civil action. The notice must describe the
431 nature of the controversy and the remedy sought.
432 (2) Unless a person objects for lack or insufficiency of
433 notice under s. 682.06(3) not later than the beginning of the
434 arbitration hearing, the person by appearing at the hearing
435 waives any objection to lack of or insufficiency of notice.
436 Section 11. Section 682.033, Florida Statutes, is created
437 to read:
438 682.033 Consolidation of separate arbitration proceedings.—
439 (1) Except as otherwise provided in subsection (3), upon
440 motion of a party to an agreement to arbitrate or to an
441 arbitration proceeding, the court may order consolidation of
442 separate arbitration proceedings as to all or some of the claims
443 if:
444 (a) There are separate agreements to arbitrate or separate
445 arbitration proceedings between the same persons or one of them
446 is a party to a separate agreement to arbitrate or a separate
447 arbitration proceeding with a third person;
448 (b) The claims subject to the agreements to arbitrate arise
449 in substantial part from the same transaction or series of
450 related transactions;
451 (c) The existence of a common issue of law or fact creates
452 the possibility of conflicting decisions in the separate
453 arbitration proceedings; and
454 (d) Prejudice resulting from a failure to consolidate is
455 not outweighed by the risk of undue delay or prejudice to the
456 rights of or hardship to parties opposing consolidation.
457 (2) The court may order consolidation of separate
458 arbitration proceedings as to some claims and allow other claims
459 to be resolved in separate arbitration proceedings.
460 (3) The court may not order consolidation of the claims of
461 a party to an agreement to arbitrate if the agreement prohibits
462 consolidation.
463 Section 12. Section 682.04, Florida Statutes, is amended to
464 read:
465 682.04 Appointment of arbitrators by court.—
466 (1) If the parties to an agreement to arbitrate agree on or
467 provision for arbitration subject to this law provides a method
468 for appointing the appointment of arbitrators or an umpire, this
469 method must shall be followed, unless the method fails.
470 (2) The court, on motion of a party to an arbitration
471 agreement, shall appoint one or more arbitrators, if:
472 (a) The parties have not agreed on a method;
473 (b) The agreed method fails;
474 (c) One or more of the parties failed to respond to the
475 demand for arbitration; or
476 (d) An arbitrator fails to act and a successor has not been
477 appointed.
478 (3) In the absence thereof, or if the agreed method fails
479 or for any reason cannot be followed, or if an arbitrator or
480 umpire who has been appointed fails to act and his or her
481 successor has not been duly appointed, the court, on application
482 of a party to such agreement or provision shall appoint one or
483 more arbitrators or an umpire. An arbitrator or umpire so
484 appointed has all the shall have like powers of an arbitrator
485 designated as if named or provided for in the agreement to
486 arbitrate appointed pursuant to the agreed method or provision.
487 (4) An individual who has a known, direct, and material
488 interest in the outcome of the arbitration proceeding or a
489 known, existing, and substantial relationship with a party may
490 not serve as an arbitrator required by an agreement to be
491 neutral.
492 Section 13. Section 682.041, Florida Statutes, is created
493 to read:
494 682.041 Disclosure by arbitrator.—
495 (1) Before accepting appointment, an individual who is
496 requested to serve as an arbitrator, after making a reasonable
497 inquiry, shall disclose to all parties to the agreement to
498 arbitrate and arbitration proceeding and to any other
499 arbitrators any known facts that a reasonable person would
500 consider likely to affect the person’s impartiality as an
501 arbitrator in the arbitration proceeding, including:
502 (a) A financial or personal interest in the outcome of the
503 arbitration proceeding.
504 (b) An existing or past relationship with any of the
505 parties to the agreement to arbitrate or the arbitration
506 proceeding, their counsel or representative, a witness, or
507 another arbitrator.
508 (2) An arbitrator has a continuing obligation to disclose
509 to all parties to the agreement to arbitrate and arbitration
510 proceeding and to any other arbitrators any facts that the
511 arbitrator learns after accepting appointment that a reasonable
512 person would consider likely to affect the impartiality of the
513 arbitrator.
514 (3) If an arbitrator discloses a fact required by
515 subsection (1) or subsection (2) to be disclosed and a party
516 timely objects to the appointment or continued service of the
517 arbitrator based upon the fact disclosed, the objection may be a
518 ground under s. 682.13(1)(b) for vacating an award made by the
519 arbitrator.
520 (4) If the arbitrator did not disclose a fact as required
521 by subsection (1) or subsection (2), upon timely objection by a
522 party, the court may vacate an award under s. 682.13(1)(b).
523 (5) An arbitrator appointed as a neutral arbitrator who
524 does not disclose a known, direct, and material interest in the
525 outcome of the arbitration proceeding or a known, existing, and
526 substantial relationship with a party is presumed to act with
527 evident partiality under s. 682.13(1)(b).
528 (6) If the parties to an arbitration proceeding agree to
529 the procedures of an arbitration organization or any other
530 procedures for challenges to arbitrators before an award is
531 made, substantial compliance with those procedures is a
532 condition precedent to a motion to vacate an award on that
533 ground under s. 682.13(1)(b).
534 Section 14. Section 682.05, Florida Statutes, is amended to
535 read:
536 682.05 Majority action by arbitrators.—If there is more
537 than one arbitrator, the powers of an arbitrator must be
538 exercised by a majority of the arbitrators, but all of the
539 arbitrators shall conduct the hearing under s. 682.06(3). The
540 powers of the arbitrators may be exercised by a majority of
541 their number unless otherwise provided in the agreement or
542 provision for arbitration.
543 Section 15. Section 682.051, Florida Statutes, is created
544 to read:
545 682.051 Immunity of arbitrator; competency to testify;
546 attorney fees and costs.—
547 (1) An arbitrator or an arbitration organization acting in
548 that capacity is immune from civil liability to the same extent
549 as a judge of a court of this state acting in a judicial
550 capacity.
551 (2) The immunity afforded under this section supplements
552 any immunity under other law.
553 (3) The failure of an arbitrator to make a disclosure
554 required by s. 682.041 does not cause any loss of immunity under
555 this section.
556 (4) In a judicial, administrative, or similar proceeding,
557 an arbitrator or representative of an arbitration organization
558 is not competent to testify, and may not be required to produce
559 records as to any statement, conduct, decision, or ruling
560 occurring during the arbitration proceeding, to the same extent
561 as a judge of a court of this state acting in a judicial
562 capacity. This subsection does not apply:
563 (a) To the extent necessary to determine the claim of an
564 arbitrator, arbitration organization, or representative of the
565 arbitration organization against a party to the arbitration
566 proceeding; or
567 (b) To a hearing on a motion to vacate an award under s.
568 682.13(1)(a) or (b) if the movant establishes prima facie that a
569 ground for vacating the award exists.
570 (5) If a person commences a civil action against an
571 arbitrator, arbitration organization, or representative of an
572 arbitration organization arising from the services of the
573 arbitrator, organization, or representative or if a person seeks
574 to compel an arbitrator or a representative of an arbitration
575 organization to testify or produce records in violation of
576 subsection (4), and the court decides that the arbitrator,
577 arbitration organization, or representative of an arbitration
578 organization is immune from civil liability or that the
579 arbitrator or representative of the organization is not
580 competent to testify, the court shall award to the arbitrator,
581 organization, or representative reasonable attorney fees and
582 other reasonable expenses of litigation.
583 Section 16. Section 682.06, Florida Statutes, is amended to
584 read:
585 682.06 Hearing.—
586 (1) An arbitrator may conduct an arbitration in such manner
587 as the arbitrator considers appropriate for a fair and
588 expeditious disposition of the proceeding. The arbitrator’s
589 authority includes the power to hold conferences with the
590 parties to the arbitration proceeding before the hearing and,
591 among other matters, determine the admissibility, relevance,
592 materiality, and weight of any evidence. Unless otherwise
593 provided by the agreement or provision for arbitration:
594 (1)(a) The arbitrators shall appoint a time and place for
595 the hearing and cause notification to the parties to be served
596 personally or by registered or certified mail not less than 5
597 days before the hearing. Appearance at the hearing waives a
598 party’s right to such notice. The arbitrators may adjourn their
599 hearing from time to time upon their own motion and shall do so
600 upon the request of any party to the arbitration for good cause
601 shown, provided that no adjournment or postponement of their
602 hearing shall extend beyond the date fixed in the agreement or
603 provision for making the award unless the parties consent to a
604 later date. An umpire authorized to hear and decide the cause
605 upon failure of the arbitrators to agree upon an award shall, in
606 the course of his or her jurisdiction, have like powers and be
607 subject to like limitations thereon.
608 (b) The arbitrators, or umpire in the course of his or her
609 jurisdiction, may hear and decide the controversy upon the
610 evidence produced notwithstanding the failure or refusal of a
611 party duly notified of the time and place of the hearing to
612 appear. The court on application may direct the arbitrators, or
613 the umpire in the course of his or her jurisdiction, to proceed
614 promptly with the hearing and making of the award.
615 (2) An arbitrator may decide a request for summary
616 disposition of a claim or particular issue:
617 (a) If all interested parties agree; or
618 (b) Upon request of one party to the arbitration
619 proceeding, if that party gives notice to all other parties to
620 the proceeding and the other parties have a reasonable
621 opportunity to respond. The parties are entitled to be heard, to
622 present evidence material to the controversy and to cross
623 examine witnesses appearing at the hearing.
624 (3) If an arbitrator orders a hearing, the arbitrator shall
625 set a time and place and give notice of the hearing not less
626 than 5 days before the hearing begins. Unless a party to the
627 arbitration proceeding makes an objection to lack or
628 insufficiency of notice not later than the beginning of the
629 hearing, the party’s appearance at the hearing waives the
630 objection. Upon request of a party to the arbitration proceeding
631 and for good cause shown, or upon the arbitrator’s own
632 initiative, the arbitrator may adjourn the hearing from time to
633 time as necessary, but may not postpone the hearing to a time
634 later than that fixed by the agreement to arbitrate for making
635 the award unless the parties to the arbitration proceeding
636 consent to a later date. The arbitrator may hear and decide the
637 controversy upon the evidence produced although a party who was
638 duly notified of the arbitration proceeding did not appear. The
639 court, on request, may direct the arbitrator to conduct the
640 hearing promptly and render a timely decision. The hearing shall
641 be conducted by all of the arbitrators but a majority may
642 determine any question and render a final award. An umpire
643 authorized to hear and decide the cause upon the failure of the
644 arbitrators to agree upon an award shall sit with the
645 arbitrators throughout their hearing but shall not be counted as
646 a part of their quorum or in the making of their award. If,
647 during the course of the hearing, an arbitrator for any reason
648 ceases to act, the remaining arbitrator, arbitrators or umpire
649 appointed to act as neutrals may continue with the hearing and
650 determination of the controversy.
651 (4) At a hearing under subsection (3), a party to the
652 arbitration proceeding has a right to be heard, to present
653 evidence material to the controversy, and to cross-examine
654 witnesses appearing at the hearing.
655 (5) If an arbitrator ceases or is unable to act during the
656 arbitration proceeding, a replacement arbitrator must be
657 appointed in accordance with s. 682.04 to continue the
658 proceeding and to resolve the controversy.
659 Section 17. Section 682.07, Florida Statutes, is amended to
660 read:
661 682.07 Representation by attorney.—A party has the right to
662 be represented by an attorney at any arbitration proceeding or
663 hearing under this law. A waiver thereof prior to the proceeding
664 or hearing is 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 motion application is granted, the court shall
972 modify and correct the award so as to effect its intent and
973 shall 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) A motion An application to modify or correct an award
977 may be joined in the alternative with a motion an application to
978 vacate the 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 a motion an application to compel
1036 arbitration 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. Subsection (2) of section 731.401, Florida
1068 Statutes, is amended to read:
1069 731.401 Arbitration of disputes.—
1070 (2) Unless otherwise specified in the will or trust, a will
1071 or trust provision requiring arbitration shall be presumed to
1072 require binding arbitration under chapter 682, the Revised
1073 Florida Arbitration Code. If an arbitration enforceable under
1074 this section is governed under chapter 682, the arbitration
1075 provision in the will or trust shall be treated as an agreement
1076 for the purposes of applying chapter 682 s. 44.104.
1077 Section 38. Section 440.1926, Florida Statutes, is amended
1078 to read:
1079 440.1926 Alternate dispute resolution; claim arbitration.
1080 Notwithstanding any other provision of this chapter, the
1081 employer, carrier, and employee may mutually agree to seek
1082 consent from a judge of compensation claims to enter into
1083 binding claim arbitration in lieu of any other remedy provided
1084 for in this chapter to resolve all issues in dispute regarding
1085 an injury. Arbitrations agreed to pursuant to this section shall
1086 be governed by chapter 682, the Revised Florida Arbitration
1087 Code, except that, notwithstanding any provision in chapter 682,
1088 the term “court” shall mean a judge of compensation claims. An
1089 arbitration award in accordance with this section is shall be
1090 enforceable in the same manner and with the same powers as any
1091 final compensation order.
1092 Section 39. Paragraph (a) of subsection (1) of section
1093 489.1402, Florida Statutes, is amended to read:
1094 489.1402 Homeowners’ Construction Recovery Fund;
1095 definitions.—
1096 (1) The following definitions apply to ss. 489.140-489.144:
1097 (a) “Arbitration” means alternative dispute resolution
1098 entered into between a claimant and a contractor either pursuant
1099 to a construction contract that contains a mandatory arbitration
1100 clause or through any binding arbitration under chapter 682, the
1101 Revised Florida Arbitration Code.
1102 Section 40. This act shall take effect July 1, 2013.
