Bill Text: FL S1458 | 2012 | Regular Session | Comm Sub
Bill Title: Dispute Resolution
Spectrum: Bipartisan Bill
Status: (Failed) 2012-03-09 - Died in Governmental Oversight and Accountability [S1458 Detail]
Download: Florida-2012-S1458-Comm_Sub.html
Florida Senate - 2012 CS for SB 1458 By the Committee on Judiciary; and Senator Diaz de la Portilla 590-02348-12 20121458c1 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; amending s. 682.09, F.S.; 102 revising provisions relating to the record needed for 103 an award; revising provisions relating to the time 104 within which an award must be made; amending s. 105 682.10, F.S.; revising provisions relating to 106 requirements for a motion to modify or correct an 107 award; amending s. 682.11, F.S.; revising provisions 108 relating to fees and expenses of arbitration; 109 authorizing punitive damages and other exemplary 110 relief and remedies; amending s. 682.12, F.S.; 111 revising provisions relating to confirmation of an 112 award; amending s. 682.13, F.S.; revising provisions 113 relating to grounds for vacating an award; revising 114 provisions relating to a motion for vacating an award; 115 providing for a rehearing in certain circumstances; 116 amending s. 682.14, F.S.; revising provisions relating 117 to the time for moving to modify or correct an award; 118 deleting references to the term “umpire”; revising a 119 provision concerning confirmation of awards; amending 120 s. 682.15, F.S.; revising provisions relating to a 121 court order confirming, vacating without directing a 122 rehearing, modifying, or correcting an award; 123 providing for award of costs and attorney fees in 124 certain circumstances; repealing s. 682.16, F.S., 125 relating to judgment roll and docketing of certain 126 orders; repealing s. 682.17, F.S., relating to 127 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. 44.104, F.S.; deleting references 147 to binding arbitration from provisions providing for 148 voluntary trial resolution; providing for temporary 149 relief; revising provisions relating to procedures in 150 voluntary trial resolution; providing that a judgment 151 is reviewable in the same manner as a judgment in a 152 civil action; deleting provisions relating to 153 applicability of the harmless error doctrine; 154 providing limitations on the jurisdiction of a trial 155 resolution judge; providing for the use of juries; 156 providing for the title of a trial resolution judge 157 and the use of judicial robes; amending s. 44.107, 158 F.S.; providing immunity for voluntary trial 159 resolution judges serving under specified provisions; 160 amending ss. 440.1926, 489.1402, and 731.401, F.S.; 161 conforming cross-references; providing a directive to 162 the Division of Statutory Revision to redesignate the 163 title of ch. 44, F.S., as “Alternative Dispute 164 Resolution”; providing an effective date. 165 166 Be It Enacted by the Legislature of the State of Florida: 167 168 Section 1. Section 682.01, Florida Statutes, is amended to 169 read: 170 682.01 Short titleFlorida Arbitration Code.—This chapter 171Sections682.01-682.22may be cited as the “Revised Florida 172 Arbitration Code.” 173 Section 2. Section 682.011, Florida Statutes, is created to 174 read: 175 682.011 Definitions.—As used in this chapter, the term: 176 (1) “Arbitration organization” means an association, 177 agency, board, commission, or other entity that is neutral and 178 initiates, sponsors, or administers an arbitration proceeding or 179 is involved in the appointment of an arbitrator. 180 (2) “Arbitrator” means an individual appointed to render an 181 award, alone or with others, in a controversy that is subject to 182 an agreement to arbitrate. 183 (3) “Court” means a court of competent jurisdiction in this 184 state. 185 (4) “Knowledge” means actual knowledge. 186 (5) “Person” means an individual, corporation, business 187 trust, estate, trust, partnership, limited liability company, 188 association, joint venture, or government; governmental 189 subdivision, agency, or instrumentality; public corporation; or 190 any other legal or commercial entity. 191 (6) “Record” means information that is inscribed on a 192 tangible medium or that is stored in an electronic or other 193 medium and is retrievable in perceivable form. 194 Section 3. Section 682.012, Florida Statutes, is created to 195 read: 196 682.012 Notice.— 197 (1) Except as otherwise provided in this chapter, a person 198 gives notice to another person by taking action that is 199 reasonably necessary to inform the other person in ordinary 200 course, whether or not the other person acquires knowledge of 201 the notice. 202 (2) A person has notice if the person has knowledge of the 203 notice or has received notice. 204 (3) A person receives notice when it comes to the person’s 205 attention or the notice is delivered at the person’s place of 206 residence or place of business, or at another location held out 207 by the person as a place of delivery of such communications. 208 Section 4. Section 682.013, Florida Statutes, is created to 209 read: 210 682.013 Applicability of revised code.— 211 (1) The Revised Florida Arbitration Code governs an 212 agreement to arbitrate made on or after July 1, 2012. 213 (2) The Revised Florida Arbitration Code governs an 214 agreement to arbitrate made before July 1, 2012, if all the 215 parties to the agreement or to the arbitration proceeding so 216 agree in a record. Otherwise, such agreements shall be governed 217 by the applicable law existing at the time the parties entered 218 into the agreement. 219 (3) The Revised Florida Arbitration Code does not affect an 220 action or proceeding commenced or right accrued before July 1, 221 2012. 222 (4) Beginning July 1, 2015, an agreement to arbitrate shall 223 be subject to the then applicable law governing agreements to 224 arbitrate. 225 Section 5. Section 682.014, Florida Statutes, is created to 226 read: 227 682.014 Effect of agreement to arbitrate; nonwaivable 228 provisions.— 229 (1) Except as otherwise provided in subsections (2) and 230 (3), a party to an agreement to arbitrate or to an arbitration 231 proceeding may waive, or the parties may vary the effect of, the 232 requirements of this chapter to the extent permitted by law. 233 (2) Before a controversy arises that is subject to an 234 agreement to arbitrate, a party to the agreement may not: 235 (a) Waive or agree to vary the effect of the requirements 236 of: 237 1. Commencing a petition for judicial relief under s. 238 682.015(1); 239 2. Making agreements to arbitrate valid, enforceable, and 240 irrevocable under s. 682.02(1); 241 3. Permitting provisional remedies under s. 682.031; 242 4. Conferring authority on arbitrators to issue subpoenas 243 and permit depositions under s. 682.08(1) or (2); 244 5. Conferring jurisdiction under s. 682.181; or 245 6. Stating the bases for appeal under s. 682.20; 246 (b) Agree to unreasonably restrict the right under s. 247 682.032 to notice of the initiation of an arbitration 248 proceeding; 249 (c) Agree to unreasonably restrict the right under s. 250 682.041 to disclosure of any facts by a neutral arbitrator; or 251 (d) Waive the right under s. 682.07 of a party to an 252 agreement to arbitrate to be represented by an attorney at any 253 proceeding or hearing under this chapter, but an employer and a 254 labor organization may waive the right to representation by an 255 attorney in a labor arbitration. 256 (3) A party to an agreement to arbitrate or arbitration 257 proceeding may not waive, or the parties may not vary the effect 258 of, the requirements in this section or: 259 (a) The applicability of this chapter, the Revised Florida 260 Arbitration Code under s. 682.013(1) or (4); 261 (b) The availability of proceedings to compel or stay 262 arbitration under s. 682.03; 263 (c) The immunity conferred on arbitrators and arbitration 264 organizations under s. 682.051; 265 (d) A party’s right to seek judicial enforcement of an 266 arbitration preaward ruling under s. 682.081; 267 (e) The authority conferred on an arbitrator to change an 268 award under s. 682.10(4) or (5); 269 (f) The remedies provided under s. 682.12; 270 (g) The grounds for vacating an arbitration award under s. 271 682.13; 272 (h) The grounds for modifying an arbitration award under s. 273 682.14; 274 (i) The validity and enforceability of a judgment or decree 275 based on an award under s. 682.15(1) or (2); 276 (j) The validity of the Electronic Signatures in Global and 277 National Commerce Act under s. 682.23; or 278 (k) The excluded disputes involving child custody, 279 visitation, or child support under s. 682.25. 280 Section 6. Section 682.015, Florida Statutes, is created to 281 read: 282 682.015 Petition for judicial relief.— 283 (1) Except as otherwise provided in s. 682.20, a petition 284 for judicial relief under this chapter must be made to the court 285 and heard in the manner provided by law or rule of court for 286 making and hearing motions. 287 (2) Unless a civil action involving the agreement to 288 arbitrate is pending, notice of an initial petition to the court 289 under this chapter must be served in the manner provided by law 290 for the service of a summons in a civil action. Otherwise, 291 notice of the motion must be given in the manner provided by law 292 or rule of court for serving motions in pending cases. 293 Section 7. Section 682.02, Florida Statutes, is amended to 294 read: 295 682.02 Arbitration agreements made valid, irrevocable, and 296 enforceable; scope.— 297 (1) An agreement contained in a record to submit to 298 arbitration any existing or subsequent controversy arising 299 between the parties to the agreement is valid, enforceable, and 300 irrevocable except upon a ground that exists at law or in equity 301 for the revocation of a contract. 302 (2) The court shall decide whether an agreement to 303 arbitrate exists or a controversy is subject to an agreement to 304 arbitrate. 305 (3) An arbitrator shall decide whether a condition 306 precedent to arbitrability has been fulfilled and whether a 307 contract containing a valid agreement to arbitrate is 308 enforceable. 309 (4) If a party to a judicial proceeding challenges the 310 existence of, or claims that a controversy is not subject to, an 311 agreement to arbitrate, the arbitration proceeding may continue 312 pending final resolution of the issue by the court, unless the 313 court otherwise orders. 314 (5)Two or more parties may agree in writing to submit to315arbitration any controversy existing between them at the time of316the agreement, or they may include in a written contract a317provision for the settlement by arbitration of any controversy318thereafter arising between them relating to such contract or the319failure or refusal to perform the whole or any part thereof.320 This section also applies to written interlocal agreements under 321 ss. 163.01 and 373.713 in which two or more parties agree to 322 submit to arbitration any controversy between them concerning 323 water use permit motionsapplicationsand other matters, 324 regardless of whether or not the water management district with 325 jurisdiction over the subject motionapplicationis a party to 326 the interlocal agreement or a participant in the arbitration. 327Such agreement or provision shall be valid, enforceable, and328irrevocable without regard to the justiciable character of the329controversy; provided that this act shall not apply to any such330agreement or provision to arbitrate in which it is stipulated331that this law shall not apply or to any arbitration or award332thereunder.333 Section 8. Section 682.03, Florida Statutes, is amended to 334 read: 335 682.03 Proceedings to compel and to stay arbitration.— 336 (1) On motion of a person showing an agreement to arbitrate 337 and alleging another person’s refusal to arbitrate pursuant to 338 the agreement: 339 (a) If the refusing party does not appear or does not 340 oppose the motion, the court shall order the parties to 341 arbitrate. 342 (b) If the refusing party opposes the motion, the court 343 shall proceed summarily to decide the issue and order the 344 parties to arbitrate unless it finds that there is no 345 enforceable agreement to arbitrate.A party to an agreement or346provision for arbitration subject to this law claiming the347neglect or refusal of another party thereto to comply therewith348may make application to the court for an order directing the349parties to proceed with arbitration in accordance with the terms350thereof. If the court is satisfied that no substantial issue351exists as to the making of the agreement or provision, it shall352grant the application. If the court shall find that a353substantial issue is raised as to the making of the agreement or354provision, it shall summarily hear and determine the issue and,355according to its determination, shall grant or deny the356application.357 (2) On motion of a person alleging that an arbitration 358 proceeding has been initiated or threatened but that there is no 359 agreement to arbitrate, the court shall proceed summarily to 360 decide the issue. If the court finds that there is an 361 enforceable agreement to arbitrate, it shall order the parties 362 to arbitrate.If an issue referable to arbitration under an363agreement or provision for arbitration subject to this law364becomes involved in an action or proceeding pending in a court365having jurisdiction to hear an application under subsection (1),366such application shall be made in said court. Otherwise and367subject to s.682.19, such application may be made in any court368of competent jurisdiction.369 (3) If the court finds that there is no enforceable 370 agreement to arbitrate, it may not order the parties to 371 arbitrate pursuant to subsection (1) or subsection (2).Any372action or proceeding involving an issue subject to arbitration373under this law shall be stayed if an order for arbitration or an374application therefor has been made under this section or, if the375issue is severable, the stay may be with respect thereto only.376When the application is made in such action or proceeding, the377order for arbitration shall include such stay.378 (4) The court may not refuse to order arbitration because 379 the claim subject to arbitration lacks merit or grounds for the 380 claim have not been established.On application the court may381stay an arbitration proceeding commenced or about to be382commenced, if it shall find that no agreement or provision for383arbitration subject to this law exists between the party making384the application and the party causing the arbitration to be had.385The court shall summarily hear and determine the issue of the386making of the agreement or provision and, according to its387determination, shall grant or deny the application.388 (5) If a proceeding involving a claim referable to 389 arbitration under an alleged agreement to arbitrate is pending 390 in court, a motion under this section must be made in that 391 court. Otherwise, a motion under this section may be made in any 392 court as provided in s. 682.19.An order for arbitration shall393not be refused on the ground that the claim in issue lacks merit394or bona fides or because any fault or grounds for the claim395sought to be arbitrated have not been shown.396 (6) If a party makes a motion to the court to order 397 arbitration, the court on just terms shall stay any judicial 398 proceeding that involves a claim alleged to be subject to the 399 arbitration until the court renders a final decision under this 400 section. 401 (7) If the court orders arbitration, the court on just 402 terms shall stay any judicial proceeding that involves a claim 403 subject to the arbitration. If a claim subject to the 404 arbitration is severable, the court may limit the stay to that 405 claim. 406 Section 9. Section 682.031, Florida Statutes, is created to 407 read: 408 682.031 Provisional remedies.— 409 (1) Before an arbitrator is appointed and is authorized and 410 able to act, the court, upon motion of a party to an arbitration 411 proceeding and for good cause shown, may enter an order for 412 provisional remedies to protect the effectiveness of the 413 arbitration proceeding to the same extent and under the same 414 conditions as if the controversy were the subject of a civil 415 action. 416 (2) After an arbitrator is appointed and is authorized and 417 able to act: 418 (a) The arbitrator may issue such orders for provisional 419 remedies, including interim awards, as the arbitrator finds 420 necessary to protect the effectiveness of the arbitration 421 proceeding and to promote the fair and expeditious resolution of 422 the controversy, to the same extent and under the same 423 conditions as if the controversy were the subject of a civil 424 action. 425 (b) A party to an arbitration proceeding may move the court 426 for a provisional remedy only if the matter is urgent and the 427 arbitrator is not able to act timely or the arbitrator cannot 428 provide an adequate remedy. 429 (3) A party does not waive a right of arbitration by making 430 a motion under this section. 431 Section 10. Section 682.032, Florida Statutes, is created 432 to read: 433 682.032 Initiation of arbitration.— 434 (1) A person initiates an arbitration proceeding by giving 435 notice in a record to the other parties to the agreement to 436 arbitrate in the agreed manner between the parties or, in the 437 absence of agreement, by certified or registered mail, return 438 receipt requested and obtained, or by service as authorized for 439 the commencement of a civil action. The notice must describe the 440 nature of the controversy and the remedy sought. 441 (2) Unless a person objects for lack or insufficiency of 442 notice under s. 682.06(3) not later than the beginning of the 443 arbitration hearing, the person by appearing at the hearing 444 waives any objection to lack of or insufficiency of notice. 445 Section 11. Section 682.033, Florida Statutes, is created 446 to read: 447 682.033 Consolidation of separate arbitration proceedings.— 448 (1) Except as otherwise provided in subsection (3), upon 449 motion of a party to an agreement to arbitrate or to an 450 arbitration proceeding, the court may order consolidation of 451 separate arbitration proceedings as to all or some of the claims 452 if: 453 (a) There are separate agreements to arbitrate or separate 454 arbitration proceedings between the same persons or one of them 455 is a party to a separate agreement to arbitrate or a separate 456 arbitration proceeding with a third person; 457 (b) The claims subject to the agreements to arbitrate arise 458 in substantial part from the same transaction or series of 459 related transactions; 460 (c) The existence of a common issue of law or fact creates 461 the possibility of conflicting decisions in the separate 462 arbitration proceedings; and 463 (d) Prejudice resulting from a failure to consolidate is 464 not outweighed by the risk of undue delay or prejudice to the 465 rights of or hardship to parties opposing consolidation. 466 (2) The court may order consolidation of separate 467 arbitration proceedings as to some claims and allow other claims 468 to be resolved in separate arbitration proceedings. 469 (3) The court may not order consolidation of the claims of 470 a party to an agreement to arbitrate if the agreement prohibits 471 consolidation. 472 Section 12. Section 682.04, Florida Statutes, is amended to 473 read: 474 682.04 Appointment of arbitrators by court.— 475 (1) If the parties to an agreement to arbitrate agree onor476provision for arbitration subject to this law providesa method 477 for appointingthe appointment ofarbitratorsor an umpire, this 478 method mustshallbe followed, unless the method fails. 479 (2) The court, on application of a party to an arbitration 480 agreement, shall appoint one or more arbitrators, if: 481 (a) The parties have not agreed on a method; 482 (b) The agreed method fails; 483 (c) One or more of the parties failed to respond to the 484 demand for arbitration; or 485 (d) An arbitrator fails to act and a successor has not been 486 appointed. 487 (3)In the absence thereof, or if the agreed method fails488or for any reason cannot be followed, or if an arbitrator or489umpire who has been appointed fails to act and his or her490successor has not been duly appointed, the court, on application491of a party to such agreement or provision shall appoint one or492more arbitrators or an umpire.An arbitratoror umpireso 493 appointed has all theshall have likepowers of an arbitrator 494 designatedas if named or provided forin the agreement to 495 arbitrate appointed pursuant to the agreed methodor provision. 496 (4) An individual who has a known, direct, and material 497 interest in the outcome of the arbitration proceeding or a 498 known, existing, and substantial relationship with a party may 499 not serve as an arbitrator required by an agreement to be 500 neutral. 501 Section 13. Section 682.041, Florida Statutes, is created 502 to read: 503 682.041 Disclosure by arbitrator.— 504 (1) Before accepting appointment, an individual who is 505 requested to serve as an arbitrator, after making a reasonable 506 inquiry, shall disclose to all parties to the agreement to 507 arbitrate and arbitration proceeding and to any other 508 arbitrators any known facts that a reasonable person would 509 consider likely to affect the person’s impartiality as an 510 arbitrator in the arbitration proceeding, including: 511 (a) A financial or personal interest in the outcome of the 512 arbitration proceeding. 513 (b) An existing or past relationship with any of the 514 parties to the agreement to arbitrate or the arbitration 515 proceeding, their counsel or representative, a witness, or 516 another arbitrator. 517 (2) An arbitrator has a continuing obligation to disclose 518 to all parties to the agreement to arbitrate and arbitration 519 proceeding and to any other arbitrators any facts that the 520 arbitrator learns after accepting appointment that a reasonable 521 person would consider likely to affect the impartiality of the 522 arbitrator. 523 (3) If an arbitrator discloses a fact required by 524 subsection (1) or subsection (2) to be disclosed and a party 525 timely objects to the appointment or continued service of the 526 arbitrator based upon the fact disclosed, the objection may be a 527 ground under s. 682.13(1)(b) for vacating an award made by the 528 arbitrator. 529 (4) If the arbitrator did not disclose a fact as required 530 by subsection (1) or subsection (2), upon timely objection by a 531 party, the court may vacate an award under s. 682.13(1)(b). 532 (5) An arbitrator appointed as a neutral arbitrator who 533 does not disclose a known, direct, and material interest in the 534 outcome of the arbitration proceeding or a known, existing, and 535 substantial relationship with a party is presumed to act with 536 evident partiality under s. 682.13(1)(b). 537 (6) If the parties to an arbitration proceeding agree to 538 the procedures of an arbitration organization or any other 539 procedures for challenges to arbitrators before an award is 540 made, substantial compliance with those procedures is a 541 condition precedent to a motion to vacate an award on that 542 ground under s. 682.13(1)(b). 543 Section 14. Section 682.05, Florida Statutes, is amended to 544 read: 545 682.05 Majority action by arbitrators.—If there is more 546 than one arbitrator, the powers of an arbitrator must be 547 exercised by a majority of the arbitrators, but all of the 548 arbitrators shall conduct the hearing under s. 682.06(3).The549powers of the arbitrators may be exercised by a majority of550their number unless otherwise provided in the agreement or551provision for arbitration.552 Section 15. Section 682.051, Florida Statutes, is created 553 to read: 554 682.051 Immunity of arbitrator; competency to testify; 555 attorney fees and costs.— 556 (1) An arbitrator or an arbitration organization acting in 557 that capacity is immune from civil liability to the same extent 558 as a judge of a court of this state acting in a judicial 559 capacity. 560 (2) The immunity afforded under this section supplements 561 any immunity under other law. 562 (3) The failure of an arbitrator to make a disclosure 563 required by s. 682.041 does not cause any loss of immunity under 564 this section. 565 (4) In a judicial, administrative, or similar proceeding, 566 an arbitrator or representative of an arbitration organization 567 is not competent to testify, and may not be required to produce 568 records as to any statement, conduct, decision, or ruling 569 occurring during the arbitration proceeding, to the same extent 570 as a judge of a court of this state acting in a judicial 571 capacity. This subsection does not apply: 572 (a) To the extent necessary to determine the claim of an 573 arbitrator, arbitration organization, or representative of the 574 arbitration organization against a party to the arbitration 575 proceeding; or 576 (b) To a hearing on a motion to vacate an award under s. 577 682.13(1)(a) or (b) if the movant establishes prima facie that a 578 ground for vacating the award exists. 579 (5) If a person commences a civil action against an 580 arbitrator, arbitration organization, or representative of an 581 arbitration organization arising from the services of the 582 arbitrator, organization, or representative or if a person seeks 583 to compel an arbitrator or a representative of an arbitration 584 organization to testify or produce records in violation of 585 subsection (4), and the court decides that the arbitrator, 586 arbitration organization, or representative of an arbitration 587 organization is immune from civil liability or that the 588 arbitrator or representative of the organization is not 589 competent to testify, the court shall award to the arbitrator, 590 organization, or representative reasonable attorney fees and 591 other reasonable expenses of litigation. 592 Section 16. Section 682.06, Florida Statutes, is amended to 593 read: 594 682.06 Hearing.— 595 (1) An arbitrator may conduct an arbitration in such manner 596 as the arbitrator considers appropriate for a fair and 597 expeditious disposition of the proceeding. The arbitrator’s 598 authority includes the power to hold conferences with the 599 parties to the arbitration proceeding before the hearing and, 600 among other matters, determine the admissibility, relevance, 601 materiality, and weight of any evidence.Unless otherwise602provided by the agreement or provision for arbitration:603(1)(a) The arbitrators shall appoint a time and place for604the hearing and cause notification to the parties to be served605personally or by registered or certified mail not less than 5606days before the hearing. Appearance at the hearing waives a607party’s right to such notice. The arbitrators may adjourn their608hearing from time to time upon their own motion and shall do so609upon the request of any party to the arbitration for good cause610shown, provided that no adjournment or postponement of their611hearing shall extend beyond the date fixed in the agreement or612provision for making the award unless the parties consent to a613later date. An umpire authorized to hear and decide the cause614upon failure of the arbitrators to agree upon an award shall, in615the course of his or her jurisdiction, have like powers and be616subject to like limitations thereon.617(b) The arbitrators, or umpire in the course of his or her618jurisdiction, may hear and decide the controversy upon the619evidence produced notwithstanding the failure or refusal of a620party duly notified of the time and place of the hearing to621appear. The court on application may direct the arbitrators, or622the umpire in the course of his or her jurisdiction, to proceed623promptly with the hearing and making of the award.624 (2) An arbitrator may decide a request for summary 625 disposition of a claim or particular issue: 626 (a) If all interested parties agree; or 627 (b) Upon request of one party to the arbitration 628 proceeding, if that party gives notice to all other parties to 629 the proceeding and the other parties have a reasonable 630 opportunity to respond.The parties are entitled to be heard, to631present evidence material to the controversy and to cross632examine witnesses appearing at the hearing.633 (3) If an arbitrator orders a hearing, the arbitrator shall 634 set a time and place and give notice of the hearing not less 635 than 5 days before the hearing begins. Unless a party to the 636 arbitration proceeding makes an objection to lack or 637 insufficiency of notice not later than the beginning of the 638 hearing, the party’s appearance at the hearing waives the 639 objection. Upon request of a party to the arbitration proceeding 640 and for good cause shown, or upon the arbitrator’s own 641 initiative, the arbitrator may adjourn the hearing from time to 642 time as necessary but may not postpone the hearing to a time 643 later than that fixed by the agreement to arbitrate for making 644 the award unless the parties to the arbitration proceeding 645 consent to a later date. The arbitrator may hear and decide the 646 controversy upon the evidence produced although a party who was 647 duly notified of the arbitration proceeding did not appear. The 648 court, on request, may direct the arbitrator to conduct the 649 hearing promptly and render a timely decision.The hearing shall650be conducted by all of the arbitrators but a majority may651determine any question and render a final award. An umpire652authorized to hear and decide the cause upon the failure of the653arbitrators to agree upon an award shall sit with the654arbitrators throughout their hearing but shall not be counted as655a part of their quorum or in the making of their award. If,656during the course of the hearing, an arbitrator for any reason657ceases to act, the remaining arbitrator, arbitrators or umpire658appointed to act as neutrals may continue with the hearing and659determination of the controversy.660 (4) At a hearing under subsection (3), a party to the 661 arbitration proceeding has a right to be heard, to present 662 evidence material to the controversy, and to cross-examine 663 witnesses appearing at the hearing. 664 (5) If an arbitrator ceases or is unable to act during the 665 arbitration proceeding, a replacement arbitrator must be 666 appointed in accordance with s. 682.04 to continue the 667 proceeding and to resolve the controversy. 668 Section 17. Section 682.07, Florida Statutes, is amended to 669 read: 670 682.07 Representation by attorney.—A party to an 671 arbitration proceeding mayhas the right tobe represented by an 672 attorneyat any arbitration proceeding or hearing under this673law.A waiver thereof prior to the proceeding or hearing is674ineffective.675 Section 18. Section 682.08, Florida Statutes, is amended to 676 read: 677 682.08 Witnesses, subpoenas, depositions.— 678 (1) An arbitrator may issue a subpoena for the attendance 679 of a witness and for the production of records and other 680 evidence at any hearing and may administer oaths. A subpoena 681 must be served in the manner for service of subpoenas in a civil 682 action and, upon motion to the court by a party to the 683 arbitration proceeding or the arbitrator, enforced in the manner 684 for enforcement of subpoenas in a civil action.Arbitrators, or685an umpire authorized to hear and decide the cause upon failure686of the arbitrators to agree upon an award, in the course of her687or his jurisdiction, may issue subpoenas for the attendance of688witnesses and for the production of books, records, documents689and other evidence, and shall have the power to administer690oaths. Subpoenas so issued shall be served, and upon application691to the court by a party to the arbitration or the arbitrators,692or the umpire, enforced in the manner provided by law for the693service and enforcement of subpoenas in a civil action.694 (2) In order to make the proceedings fair, expeditious, and 695 cost effective, upon request of a party to, or a witness in, an 696 arbitration proceeding, an arbitrator may permit a deposition of 697 any witness to be taken for use as evidence at the hearing, 698 including a witness who cannot be subpoenaed for or is unable to 699 attend a hearing. The arbitrator shall determine the conditions 700 under which the deposition is taken.On application of a party701to the arbitration and for use as evidence, the arbitrators, or702the umpire in the course of her or his jurisdiction, may permit703a deposition to be taken, in the manner and upon the terms704designated by them or her or him of a witness who cannot be705subpoenaed or is unable to attend the hearing.706 (3) An arbitrator may permit such discovery as the 707 arbitrator decides is appropriate in the circumstances, taking 708 into account the needs of the parties to the arbitration 709 proceeding and other affected persons and the desirability of 710 making the proceeding fair, expeditious, and cost effective.All711provisions of law compelling a person under subpoena to testify712are applicable.713 (4) If an arbitrator permits discovery under subsection 714 (3), the arbitrator may order a party to the arbitration 715 proceeding to comply with the arbitrator’s discovery-related 716 orders, issue subpoenas for the attendance of a witness and for 717 the production of records and other evidence at a discovery 718 proceeding, and take action against a noncomplying party to the 719 extent a court could if the controversy were the subject of a 720 civil action in this state. 721 (5) An arbitrator may issue a protective order to prevent 722 the disclosure of privileged information, confidential 723 information, trade secrets, and other information protected from 724 disclosure to the extent a court could if the controversy were 725 the subject of a civil action in this state. 726 (6) All laws compelling a person under subpoena to testify 727 and all fees for attending a judicial proceeding, a deposition, 728 or a discovery proceeding as a witness apply to an arbitration 729 proceeding as if the controversy were the subject of a civil 730 action in this state. 731 (7) The court may enforce a subpoena or discovery-related 732 order for the attendance of a witness within this state and for 733 the production of records and other evidence issued by an 734 arbitrator in connection with an arbitration proceeding in 735 another state upon conditions determined by the court so as to 736 make the arbitration proceeding fair, expeditious, and cost 737 effective. A subpoena or discovery-related order issued by an 738 arbitrator in another state must be served in the manner 739 provided by law for service of subpoenas in a civil action in 740 this state and, upon motion to the court by a party to the 741 arbitration proceeding or the arbitrator, enforced in the manner 742 provided by law for enforcement of subpoenas in a civil action 743 in this state. 744 (8)(4)Fees for attendance as a witness shall be the same 745 as for a witness in the circuit court. 746 Section 19. Section 682.081, Florida Statutes, is created 747 to read: 748 682.081 Judicial enforcement of preaward ruling by 749 arbitrator.—If an arbitrator makes a preaward ruling in favor of 750 a party to the arbitration proceeding, the party may request 751 that the arbitrator incorporate the ruling into an award under 752 s. 682.12. A prevailing party may make a motion to the court for 753 an expedited order to confirm the award under s. 682.12, in 754 which case the court shall summarily decide the motion. The 755 court shall issue an order to confirm the award unless the court 756 vacates, modifies, or corrects the award under s. 682.13 or s. 757 682.14. 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 by767the arbitrators joining in the award or by the umpire in the768course of his or her jurisdiction. They or he or she shall769deliver a copy to each party to the arbitration either770personally or by registered or certified mail, or as provided in771the 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 by781the agreement or provision for arbitration or, if not so fixed,782within such time as the court may order on application of a783party to the arbitration. The parties may, by written agreement,784extend the time either before or after the expiration thereof.785Any objection that an award was not made within the time786required is waived unless the objecting party notifies the787arbitrators or umpire in writing of his or her objection prior788to 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 arbitratorsor 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.On815application of a party to the arbitration, or if an application816to the court is pending under s.682.12, s.682.13or s.682.14,817on submission to the arbitrators, or to the umpire in the case818of an umpire’s award, by the court under such conditions as the819court may order, the arbitrators or umpire may modify or correct820the award upon the grounds stated in s.682.14(1)(a) and (c) or821for the purpose of clarifying the award. The application shall822be made within 20 days after delivery of the award to the823applicant. Written notice thereof shall be given forthwith to824the other party to the arbitration, stating that he or she must825serve his or her objections thereto, if any, within 10 days from826the notice. The award so modified or corrected is subject to the827provisions 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 otherwise855provided in the agreement or provision for arbitration, the856arbitrators’ and umpire’s expenses and fees, together with other857expenses, not including counsel fees, incurred in the conduct of858the 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 of867a party to the arbitration, the court shall confirm an award,868unless within the time limits hereinafter imposed grounds are869urged for vacating or modifying or correcting the award, in870which case the court shall proceed as provided in ss.682.13and871682.14.872 Section 24. Section 682.13, Florida Statutes, is amended to 873 read: 874 682.13 Vacating an award.— 875 (1) Upon motionapplicationof a party to an arbitration 876 proceeding, the court shall vacate an arbitration award ifwhen: 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 the885arbitrators or umpire or misconduct prejudicing the rights of886any party.887 (c) An arbitrator refused to postpone the hearing upon 888 showing of sufficient cause for postponement, refused to 889 consider evidence material to the controversy, or otherwise 890 conducted the hearing contrary to s. 682.06, so as to prejudice 891 substantially the rights of a party to the arbitration 892 proceeding;The arbitrators or the umpire in the course of her893or his jurisdiction exceeded their powers.894 (d) An arbitrator exceeded the arbitrator’s powers;The895arbitrators or the umpire in the course of her or his896jurisdiction refused to postpone the hearing upon sufficient897cause being shown therefor or refused to hear evidence material898to the controversy or otherwise so conducted the hearing,899contrary to the provisions of s.682.06, as to prejudice900substantially 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; orThere was no agreement or provision for905arbitration subject to this law, unless the matter was906determined in proceedings under s.682.03and unless the party907participated in the arbitration hearing without raising the908objection.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 914But the fact that the relief was such that it could not or would915not be granted by a court of law or equity is not ground for916vacating or refusing to confirm the award.917 (2) A motion under this section must be filed within 90 918 days after the movant receives notice of the award pursuant to 919 s. 682.09 or within 90 days after the movant receives notice of 920 a modified or corrected award pursuant to s. 682.10, unless the 921 movant alleges that the award was procured by corruption, fraud, 922 or other undue means, in which case the motion must be made 923 within 90 days after the ground is known or by the exercise of 924 reasonable care would have been known by the movant.An925application under this section shall be made within 90 days926after delivery of a copy of the award to the applicant, except927that, if predicated upon corruption, fraud or other undue means,928it shall be made within 90 days after such grounds are known or929should have been known.930 (3) If the court vacates an award on a ground other than 931 that set forth in paragraph (1)(e), it may order a rehearing. If 932 the award is vacated on a ground stated in paragraph (1)(a) or 933 paragraph (1)(b), the rehearing must be before a new arbitrator. 934 If the award is vacated on a ground stated in paragraph (1)(c), 935 paragraph (1)(d), or paragraph (1)(f), the rehearing may be 936 before the arbitrator who made the award or the arbitrator’s 937 successor. The arbitrator must render the decision in the 938 rehearing within the same time as that provided in s. 682.09(2) 939 for an award.In vacating the award on grounds other than those940stated in paragraph (1)(e), the court may order a rehearing941before new arbitrators chosen as provided in the agreement or942provision for arbitration or by the court in accordance with s.943682.04, or, if the award is vacated on grounds set forth in944paragraphs (1)(c) and (d), the court may order a rehearing945before the arbitrators or umpire who made the award or their946successors appointed in accordance with s.682.04. The time947within which the agreement or provision for arbitration requires948the award to be made is applicable to the rehearing and949commences from the date of the order therefor.950 (4) If a motionthe applicationto vacate is denied and no 951 motion to modify or correct the award is pending, the court 952 shall confirm the award. 953 Section 25. Section 682.14, Florida Statutes, is amended to 954 read: 955 682.14 Modification or correction of award.— 956 (1) Upon motion made within 90 days after the movant 957 receives notice of the award pursuant to s. 682.09 or within 90 958 days after the movant receives notice of a modified or corrected 959 award pursuant to s. 682.10, the court shall modify or correct 960 the award ifUpon application made within 90 days after delivery961of a copy of the award to the applicant, the court shall modify962or correct the award when: 963 (a) There is an evident miscalculation of figures or an 964 evident mistake in the description of any person, thing, or 965 property referred to in the award. 966 (b) The arbitratorsor umpirehave awarded upon a matter 967 not submitted in the arbitrationto them or him or herand the 968 award may be corrected without affecting the merits of the 969 decision upon the issues submitted. 970 (c) The award is imperfect as a matter of form, not 971 affecting the merits of the controversy. 972 (2) If the application is granted, the court shall modify 973 and correct the awardso as to effect its intentandshall974 confirm the award as so modified and corrected. Otherwise, 975 unless a motion to vacate the award under s. 682.13 is pending, 976 the court shall confirm the award as made. 977 (3) An application to modify or correct an award may be 978 joined in the alternative with an application to vacate the 979 award under s. 682.13. 980 Section 26. Section 682.15, Florida Statutes, is amended to 981 read: 982 682.15 Judgment or decree on award.— 983 (1) Upon granting an order confirming, vacating without 984 directing a rehearing, modifying, or correcting an award, the 985 court shall enter a judgment in conformity therewith. The 986 judgment may be recorded, docketed, and enforced as any other 987 judgment in a civil action. 988 (2) A court may allow reasonable costs of the motion and 989 subsequent judicial proceedings. 990 (3) On motion of a prevailing party to a contested judicial 991 proceeding under s. 682.12, s. 682.13, or s. 682.14, the court 992 may add reasonable attorney fees and other reasonable expenses 993 of litigation incurred in a judicial proceeding after the award 994 is made to a judgment confirming, vacating without directing a 995 rehearing, modifying, or correcting an award.Upon the granting996of an order confirming, modifying or correcting an award,997judgment or decree shall be entered in conformity therewith and998be enforced as any other judgment or decree. Costs of the999application and of the proceedings subsequent thereto, and1000disbursements may be awarded by the court.1001 Section 27. Section 682.16, Florida Statutes, is repealed. 1002 Section 28. Section 682.17, Florida Statutes, is repealed. 1003 Section 29. Section 682.18, Florida Statutes, is repealed. 1004 Section 30. Section 682.181, Florida Statutes, is created 1005 to read: 1006 682.181 Jurisdiction.— 1007 (1) A court of this state having jurisdiction over the 1008 controversy and the parties may enforce an agreement to 1009 arbitrate. 1010 (2) An agreement to arbitrate providing for arbitration in 1011 this state confers exclusive jurisdiction on the court to enter 1012 judgment on an award under this chapter. 1013 Section 31. Section 682.19, Florida Statutes, is amended to 1014 read: 1015 682.19 Venue.—A petition pursuant to s. 682.015 must be 1016 filed in the court of the county in which the agreement to 1017 arbitrate specifies the arbitration hearing is to be held or, if 1018 the hearing has been held, in the court of the county in which 1019 it was held. Otherwise, the petition may be made in the court of 1020 any county in which an adverse party resides or has a place of 1021 business or, if no adverse party has a residence or place of 1022 business in this state, in the court of any county in this 1023 state. All subsequent petitions must be made in the court 1024 hearing the initial petition unless the court otherwise directs. 1025Any application under this law may be made to the court of the1026county in which the other party to the agreement or provision1027for arbitration resides or has a place of business, or, if she1028or he has no residence or place of business in this state, then1029to the court of any county. All applications under this law1030subsequent to an initial application shall be made to the court1031hearing the initial application unless it shall order otherwise.1032 Section 32. Section 682.20, Florida Statutes, is amended to 1033 read: 1034 682.20 Appeals.— 1035 (1) An appeal may be taken from: 1036 (a) An order denying an application to compel arbitration 1037 made under s. 682.03. 1038 (b) An order granting a motionan applicationto stay 1039 arbitration pursuant tomade unders. 682.03(2)-(4). 1040 (c) An order confirmingor denying confirmation ofan 1041 award. 1042 (d) An order denying confirmation of an award unless the 1043 court has entered an order under s. 682.10(4) or s. 682.13. All 1044 other orders denying confirmation of an award are final orders. 1045 (e)(d)An order modifying or correcting an award. 1046 (f)(e)An order vacating an award without directing a 1047 rehearing. 1048 (g)(f)A judgment or decree entered pursuant to this 1049 chapterthe provisions of this law. 1050 (2) The appeal shall be taken in the manner and to the same 1051 extent as from orders or judgments in a civil action. 1052 Section 33. Section 682.21, Florida Statutes, is repealed. 1053 Section 34. Section 682.22, Florida Statutes, is repealed. 1054 Section 35. Section 682.23, Florida Statutes, is created to 1055 read: 1056 682.23 Relationship to Electronic Signatures in Global and 1057 National Commerce Act.—The provisions of this chapter governing 1058 the legal effect, validity, and enforceability of electronic 1059 records or electronic signatures and of contracts performed with 1060 the use of such records or signatures conform to the 1061 requirements of s. 102 of the Electronic Signatures in Global 1062 and National Commerce Act, 15 U.S.C. s. 7002. 1063 Section 36. Section 682.25, Florida Statutes, is created to 1064 read: 1065 682.25 Disputes excluded.—This chapter does not apply to 1066 any dispute involving child custody, visitation, or child 1067 support. 1068 Section 37. Section 44.104, Florida Statutes, is amended to 1069 read: 1070 44.104 Voluntarybinding arbitration and voluntarytrial 1071 resolution.— 1072 (1) Two or more opposing parties who are involved in a 1073 civil dispute may agree in writing to submit the controversy to 1074voluntary binding arbitration, orvoluntary trial resolution, in 1075 lieu of judicial litigation of the issues involved, prior to or 1076 after a lawsuit has been filed, provided no constitutional issue1077is involved. 1078 (2) If the parties have entered into such an agreement and 1079 the agreementwhich provides in voluntary binding arbitration1080for a method for appointing of one or more arbitrators, or which1081 providesin voluntary trial resolutiona method for appointing 1082 thea member of The Florida Bar in good standing for more than 51083years to act astrial resolution judge, that method shall be 1084 followedthe court shall proceed with the appointment as1085prescribed.However, in voluntary binding arbitration at least1086one of the arbitrators, who shall serve as the chief arbitrator,1087shall meet the qualifications and training requirements adopted1088pursuant to s.44.106.In the absence of an agreement on a 1089 method for appointing the trial resolution judge, or if the 1090 agreement method fails or for any reason cannot be followed, and 1091 the parties fail to agree on the person to serve as the trial 1092 resolution judge, the court, on application of a party, shall 1093 appointone or more qualified arbitrators, orthe trial 1094 resolution judge, as the case requires. A trial resolution judge 1095 must be a member of The Florida Bar in good standing for 5 years 1096 or more who has agreed to serve. 1097 (3) Thearbitrators ortrial resolution judge shall be 1098 compensated by the parties according to their agreement with the 1099 trial resolution judge. 1100 (4) Within 10 days after the submission of the request for 1101binding arbitration, orvoluntary trial resolution, the court 1102 shall provide for the appointment of thearbitrator or1103arbitrators, ortrial resolution judge, as the case requires. 1104 Once appointed, thearbitrators ortrial resolution judge shall 1105 notify the parties of the time and place for the hearing. 1106 (5) Application forvoluntary binding arbitration or1107 voluntary trial resolution shall be filed and fees paid to the 1108 clerk of court as if for complaints initiating civil actions. 1109 The clerk of the court shall handle and account for these 1110 matters in all respects as if they were civil actions, except 1111 that the clerk of court shall keep separatethe records of the1112applications for voluntary binding arbitration andthe records 1113 of the applications for voluntary trial resolution from all 1114 other civil actions. 1115 (6) Filing of the application forbinding arbitration or1116 voluntary trial resolution tollswill tollthe running of the 1117 applicable statutes of limitation. 1118 (7) Thechief arbitrator ortrial resolution judge may 1119 administer oaths or affirmations and conduct the proceedings as 1120 the rules of court shall provide. At the request of any party, 1121 thechief arbitrator ortrial resolution judge shall issue 1122 subpoenas for the attendance of witnesses and for the production 1123 of books, records, documents, and other evidence and may apply 1124 to the court for orders compelling attendance and production. 1125 Subpoenas shall be served and shall be enforceable in the manner 1126 provided by law. The trial resolution judge may order temporary 1127 relief in the same manner, and to the same extent, as in civil 1128 actions generally. Any party may enforce such an order by filing 1129 a petition in the court. Orders entered by the court are 1130 reviewable by the appellate court in the same manner, and to the 1131 same extent, as orders in civil actions generally. 1132 (8)A voluntary binding arbitration hearing shall be1133conducted by all of the arbitrators, but a majority may1134determine any question and render a final decision.A trial 1135 resolution judge shall conduct a voluntary trial resolution 1136 hearing. The trial resolution judge may determine any question 1137 and render a final decision. 1138 (9) The Florida Evidence Code and Florida Rules of Civil 1139 Procedureshallapply to all proceedings under this section, 1140 except that voluntary trial resolution is not governed by 1141 procedural rules regulating general and special magistrates, and 1142 rulings of the trial resolution judge are not reviewable by 1143 filing exceptions with the court. 1144(10) An appeal of a voluntary binding arbitration decision1145shall be taken to the circuit court and shall be limited to1146review on the record and not de novo, of:1147(a) Any alleged failure of the arbitrators to comply with1148the applicable rules of procedure or evidence.1149(b) Any alleged partiality or misconduct by an arbitrator1150prejudicing the rights of any party.1151(c) Whether the decision reaches a result contrary to the1152Constitution of the United States or of the State of Florida.1153 (10)(11)Any party may enforce a final decision rendered in 1154 a voluntary trial by filing a petition for final judgment in the 1155 circuit court in the circuit in which the voluntary trial took 1156 place. Upon entry of final judgment by the circuit court, any 1157 party may appeal to the appropriate appellate court. The 1158 judgment is reviewable by the appellate court in the same 1159 manner, and to the same extent, as a judgment in a civil action. 1160Factual findings determined in the voluntary trial are not1161subject to appeal.1162(12) The harmless error doctrine shall apply in all1163appeals. No further review shall be permitted unless a1164constitutional issue is raised.1165 (11)(13)If no appeal is taken within the time provided by 1166 rules promulgated by the Supreme Court,thenthe decision shall 1167 be referred to the presiding judge in the case, or if one has 1168 not been assigned, then to the chief judge of the circuit for 1169 assignment to a circuit judge, who shall enter such orders and 1170 judgments as are required to carry out the terms of the 1171 decision. Equitable remedies are, which orders shall be1172 enforceable by the contempt powers of the court to the same 1173 extent as in civil actions generally. When a judgment provides 1174 for execution,and for which judgmentsexecution shall issue on 1175 request of a party. 1176 (12)(14)This section doesshallnot applyto any dispute1177involving child custody, visitation, or child support, orto any 1178 dispute thatwhichinvolves the rights of a third party not a 1179 party to thearbitration orvoluntary trial resolution when the 1180 third party would be an indispensable party if the dispute were 1181 resolved in court or when the third party notifiesthe chief1182arbitrator orthe trial resolution judge that the third party 1183 would be a proper party if the dispute were resolved in court, 1184 that the third party intends to intervene in the action in 1185 court, and that the third party does not agree to proceed under 1186 this section. 1187 (13) A trial resolution judge does not have jurisdiction to 1188 declare unconstitutional a statute, ordinance, or provision of a 1189 constitution. If any such claim is made in the voluntary trial 1190 resolution proceeding, that claim shall be severed and 1191 adjudicated by a judge of the court. 1192 (14)(a) The parties may agree to a trial by a privately 1193 selected jury. The court’s jury pool may not be used for this 1194 purpose. In all other cases, the trial resolution judge shall 1195 conduct a bench trial. 1196 (b) The trial resolution judge may wear a judicial robe and 1197 use the title “Trial Resolution Judge” when acting in that 1198 capacity. 1199 Section 38. Subsection (1) of section 44.107, Florida 1200 Statutes, is amended to read: 1201 44.107 Immunity for arbitrators, voluntary trial resolution 1202 judges, mediators, and mediator trainees.— 1203 (1) Arbitrators serving under s. 44.103, voluntary trial 1204 resolution judges serving underors. 44.104, mediators serving 1205 under s. 44.102, and trainees fulfilling the mentorship 1206 requirements for certification by the Supreme Court as a 1207 mediatorshallhave judicial immunity in the same manner and to 1208 the same extent as a judge and are entitled to the same immunity 1209 and remedies provided in s. 682.051. 1210 Section 39. Section 440.1926, Florida Statutes, is amended 1211 to read: 1212 440.1926 Alternate dispute resolution; claim arbitration. 1213 Notwithstanding any other provision of this chapter, the 1214 employer, carrier, and employee may mutually agree to seek 1215 consent from a judge of compensation claims to enter into 1216 binding claim arbitration in lieu of any other remedy provided 1217 for in this chapter to resolve all issues in dispute regarding 1218 an injury. Arbitrations agreed to pursuant to this section shall 1219 be governed by chapter 682, the Revised Florida Arbitration 1220 Code, except that, notwithstanding any provision in chapter 682, 1221 the term “court” shall mean a judge of compensation claims. An 1222 arbitration award in accordance with this section isshall be1223 enforceable in the same manner and with the same powers as any 1224 final compensation order. 1225 Section 40. Paragraph (a) of subsection (1) of section 1226 489.1402, Florida Statutes, is amended to read: 1227 489.1402 Homeowners’ Construction Recovery Fund; 1228 definitions.— 1229 (1) The following definitions apply to ss. 489.140-489.144: 1230 (a) “Arbitration” means alternative dispute resolution 1231 entered into between a claimant and a contractor either pursuant 1232 to a construction contract that contains a mandatory arbitration 1233 clause or through any binding arbitration under chapter 682, the 1234 Revised Florida Arbitration Code. 1235 Section 41. Subsection (2) of section 731.401, Florida 1236 Statutes, is amended to read: 1237 731.401 Arbitration of disputes.— 1238 (2) Unless otherwise specified in the will or trust, a will 1239 or trust provision requiring arbitration shall be presumed to 1240 require binding arbitration under chapter 682, the Revised 1241 Florida Arbitration Codes.44.104. 1242 Section 42. The Division of Statutory Revision is directed 1243 to redesignate the title of chapter 44, Florida Statutes, as 1244 “Alternative Dispute Resolution.” 1245 Section 43. This act shall take effect July 1, 2012.