Bill Text: FL S1458 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Dispute Resolution
Spectrum: Bipartisan Bill
Status: (Failed) 2012-03-09 - Died in Governmental Oversight and Accountability [S1458 Detail]
Download: Florida-2012-S1458-Introduced.html
Bill Title: Dispute Resolution
Spectrum: Bipartisan Bill
Status: (Failed) 2012-03-09 - Died in Governmental Oversight and Accountability [S1458 Detail]
Download: Florida-2012-S1458-Introduced.html
Florida Senate - 2012 SB 1458 By Senator Diaz de la Portilla 36-01261-12 20121458__ 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 with 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 the capacity of an arbitrator; 68 providing that this immunity is supplemental to any 69 immunity under other law; providing that failure to 70 make a required disclosure does not remove immunity; 71 providing that an arbitrator or representative of an 72 arbitration organization is not competent to testify 73 and may not be required to produce records concerning 74 the 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 creating s. 682.24, F.S.; specifying the effective 144 date of the revised code; providing for applicability; 145 creating s. 682.25, F.S.; providing that the revised 146 code does not apply to any dispute involving child 147 custody, visitation, or child support; amending s. 148 44.104, F.S.; deleting references to binding 149 arbitration from provisions providing for voluntary 150 trial resolution; providing for temporary relief; 151 revising provisions relating to procedures in 152 voluntary trial resolution; providing that a judgment 153 is reviewable in the same manner as a judgment in a 154 civil action; deleting provisions relating to 155 applicability of the harmless error doctrine; 156 providing limitations on the jurisdiction of a trial 157 resolution judge; providing for the use of juries; 158 providing for the title of a trial resolution judge 159 and the use of judicial robes; amending s. 44.107, 160 F.S.; providing immunity for voluntary trial 161 resolution judges serving under specified provisions; 162 amending ss. 440.1926 and 489.1402, F.S.; conforming 163 cross-references; amending s. 731.401, F.S.; revising 164 a reference to binding arbitration under a specified 165 provision; providing directives to the Division of 166 Statutory Revision, including redesignating the title 167 of chapter 44, Florida Statutes, as “Alternative 168 Dispute Resolution”; providing an effective date. 169 170 Be It Enacted by the Legislature of the State of Florida: 171 172 Section 1. Section 682.01, Florida Statutes, is amended to 173 read: 174 682.01 Short titleFlorida Arbitration Code.—This chapter 175Sections682.01-682.22may be cited as the “Revised Florida 176 Arbitration Code.” 177 Section 2. Section 682.011, Florida Statutes, is created to 178 read: 179 682.011 Definitions.—As used in this chapter, the term: 180 (1) “Arbitration organization” means an association, 181 agency, board, commission, or other entity that is neutral and 182 initiates, sponsors, or administers an arbitration proceeding or 183 is involved in the appointment of an arbitrator. 184 (2) “Arbitrator” means an individual appointed to render an 185 award, alone or with others, in a controversy that is subject to 186 an agreement to arbitrate. 187 (3) “Court” means a court of competent jurisdiction in this 188 state. 189 (4) “Knowledge” means actual knowledge. 190 (5) “Person” means an individual, corporation, business 191 trust, estate, trust, partnership, limited liability company, 192 association, joint venture, or government; governmental 193 subdivision, agency, or instrumentality; public corporation; or 194 any other legal or commercial entity. 195 (6) “Record” means information that is inscribed on a 196 tangible medium or that is stored in an electronic or other 197 medium and is retrievable in perceivable form. 198 Section 3. Section 682.012, Florida Statutes, is created to 199 read: 200 682.012 Notice.— 201 (1) Except as otherwise provided in the Revised Florida 202 Arbitration Code, a person gives notice to another person by 203 taking action that is reasonably necessary to inform the other 204 person in ordinary course, whether or not the other person 205 acquires knowledge of the notice. 206 (2) A person has notice if the person has knowledge of the 207 notice or has received notice. 208 (3) A person receives notice when it comes to the person’s 209 attention or the notice is delivered at the person’s place of 210 residence or place of business, or at another location held out 211 by the person as a place of delivery of such communications. 212 Section 4. Section 682.013, Florida Statutes, is created to 213 read: 214 682.013 Applicability of revised code.— 215 (1) The Revised Florida Arbitration Code governs an 216 agreement to arbitrate made on or after the effective date of 217 this act. 218 (2) The Revised Florida Arbitration Code governs an 219 agreement to arbitrate made before the effective date of this 220 act if all the parties to the agreement or to the arbitration 221 proceeding so agree in a record. 222 (3) Beginning July 1, 2015, the Revised Florida Arbitration 223 Code governs an agreement to arbitrate whenever made. 224 Section 5. Section 682.014, Florida Statutes, is created to 225 read: 226 682.014 Effect of agreement to arbitrate; nonwaivable 227 provisions.— 228 (1) Except as otherwise provided in subsections (2) and 229 (3), a party to an agreement to arbitrate or to an arbitration 230 proceeding may waive, or the parties may vary the effect of, the 231 requirements of the Revised Florida Arbitration Code to the 232 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 s. 682.015(1), s. 682.02(1), s. 682.031, s. 682.08(1) or (2), 237 s. 682.181, or s. 682.20; 238 (b) Agree to unreasonably restrict the right under s. 239 682.032 to notice of the initiation of an arbitration 240 proceeding; 241 (c) Agree to unreasonably restrict the right under s. 242 682.041 to disclosure of any facts by a neutral arbitrator; or 243 (d) Waive the right under s. 682.07 of a party to an 244 agreement to arbitrate to be represented by an attorney at any 245 proceeding or hearing under the Revised Florida Arbitration 246 Code, but an employer and a labor organization may waive the 247 right to representation by an attorney in a labor arbitration. 248 (3) A party to an agreement to arbitrate or arbitration 249 proceeding may not waive, or the parties may not vary the effect 250 of, the requirements in this section or s. 682.013(1) or (3), s. 251 682.03, s. 682.051, s. 682.081, s. 682.10(4) or (5), s. 682.12, 252 s. 682.13, s. 682.14, s. 682.15(1) or (2), s. 682.23, s. 682.24, 253 or s. 682.25. 254 Section 6. Section 682.015, Florida Statutes, is created to 255 read: 256 682.015 Petition for judicial relief.— 257 (1) Except as otherwise provided in s. 682.20, a petition 258 for judicial relief under this chapter must be made to the court 259 and heard in the manner provided by law or rule of court for 260 making and hearing motions. 261 (2) Unless a civil action involving the agreement to 262 arbitrate is pending, notice of an initial petition to the court 263 under this chapter must be served in the manner provided by law 264 for the service of a summons in a civil action. Otherwise, 265 notice of the motion must be given in the manner provided by law 266 or rule of court for serving motions in pending cases. 267 Section 7. Section 682.02, Florida Statutes, is amended to 268 read: 269 682.02 Arbitration agreements made valid, irrevocable, and 270 enforceable; scope.— 271 (1) An agreement contained in a record to submit to 272 arbitration any existing or subsequent controversy arising 273 between the parties to the agreement is valid, enforceable, and 274 irrevocable except upon a ground that exists at law or in equity 275 for the revocation of a contract. 276 (2) The court shall decide whether an agreement to 277 arbitrate exists or a controversy is subject to an agreement to 278 arbitrate. 279 (3) An arbitrator shall decide whether a condition 280 precedent to arbitrability has been fulfilled and whether a 281 contract containing a valid agreement to arbitrate is 282 enforceable. 283 (4) If a party to a judicial proceeding challenges the 284 existence of, or claims that a controversy is not subject to, an 285 agreement to arbitrate, the arbitration proceeding may continue 286 pending final resolution of the issue by the court, unless the 287 court otherwise orders. 288 (5)Two or more parties may agree in writing to submit to289arbitration any controversy existing between them at the time of290the agreement, or they may include in a written contract a291provision for the settlement by arbitration of any controversy292thereafter arising between them relating to such contract or the293failure or refusal to perform the whole or any part thereof.294 This section also applies to written interlocal agreements under 295 ss. 163.01 and 373.713 in which two or more parties agree to 296 submit to arbitration any controversy between them concerning 297 water use permit motionsapplicationsand other matters, 298 regardless of whether or not the water management district with 299 jurisdiction over the subject motionapplicationis a party to 300 the interlocal agreement or a participant in the arbitration. 301Such agreement or provision shall be valid, enforceable, and302irrevocable without regard to the justiciable character of the303controversy; provided that this act shall not apply to any such304agreement or provision to arbitrate in which it is stipulated305that this law shall not apply or to any arbitration or award306thereunder.307 Section 8. Section 682.03, Florida Statutes, is amended to 308 read: 309 682.03 Proceedings to compel and to stay arbitration.— 310 (1) On motion of a person showing an agreement to arbitrate 311 and alleging another person’s refusal to arbitrate pursuant to 312 the agreement: 313 (a) If the refusing party does not appear or does not 314 oppose the motion, the court shall order the parties to 315 arbitrate. 316 (b) If the refusing party opposes the motion, the court 317 shall proceed summarily to decide the issue and order the 318 parties to arbitrate unless it finds that there is no 319 enforceable agreement to arbitrate.A party to an agreement or320provision for arbitration subject to this law claiming the321neglect or refusal of another party thereto to comply therewith322may make application to the court for an order directing the323parties to proceed with arbitration in accordance with the terms324thereof. If the court is satisfied that no substantial issue325exists as to the making of the agreement or provision, it shall326grant the application. If the court shall find that a327substantial issue is raised as to the making of the agreement or328provision, it shall summarily hear and determine the issue and,329according to its determination, shall grant or deny the330application.331 (2) On motion of a person alleging that an arbitration 332 proceeding has been initiated or threatened but that there is no 333 agreement to arbitrate, the court shall proceed summarily to 334 decide the issue. If the court finds that there is an 335 enforceable agreement to arbitrate, it shall order the parties 336 to arbitrate.If an issue referable to arbitration under an337agreement or provision for arbitration subject to this law338becomes involved in an action or proceeding pending in a court339having jurisdiction to hear an application under subsection (1),340such application shall be made in said court. Otherwise and341subject to s.682.19, such application may be made in any court342of competent jurisdiction.343 (3) If the court finds that there is no enforceable 344 agreement to arbitrate, it may not order the parties to 345 arbitrate pursuant to subsection (1) or subsection (2).Any346action or proceeding involving an issue subject to arbitration347under this law shall be stayed if an order for arbitration or an348application therefor has been made under this section or, if the349issue is severable, the stay may be with respect thereto only.350When the application is made in such action or proceeding, the351order for arbitration shall include such stay.352 (4) The court may not refuse to order arbitration because 353 the claim subject to arbitration lacks merit or grounds for the 354 claim have not been established.On application the court may355stay an arbitration proceeding commenced or about to be356commenced, if it shall find that no agreement or provision for357arbitration subject to this law exists between the party making358the application and the party causing the arbitration to be had.359The court shall summarily hear and determine the issue of the360making of the agreement or provision and, according to its361determination, shall grant or deny the application.362 (5) If a proceeding involving a claim referable to 363 arbitration under an alleged agreement to arbitrate is pending 364 in court, a motion under this section must be made in that 365 court. Otherwise, a motion under this section may be made in any 366 court as provided in s. 682.19.An order for arbitration shall367not be refused on the ground that the claim in issue lacks merit368or bona fides or because any fault or grounds for the claim369sought to be arbitrated have not been shown.370 (6) If a party makes a motion to the court to order 371 arbitration, the court on just terms shall stay any judicial 372 proceeding that involves a claim alleged to be subject to the 373 arbitration until the court renders a final decision under this 374 section. 375 (7) If the court orders arbitration, the court on just 376 terms shall stay any judicial proceeding that involves a claim 377 subject to the arbitration. If a claim subject to the 378 arbitration is severable, the court may limit the stay to that 379 claim. 380 Section 9. Section 682.031, Florida Statutes, is created to 381 read: 382 682.031 Provisional remedies.— 383 (1) Before an arbitrator is appointed and is authorized and 384 able to act, the court, upon motion of a party to an arbitration 385 proceeding and for good cause shown, may enter an order for 386 provisional remedies to protect the effectiveness of the 387 arbitration proceeding to the same extent and under the same 388 conditions as if the controversy were the subject of a civil 389 action. 390 (2) After an arbitrator is appointed and is authorized and 391 able to act: 392 (a) The arbitrator may issue such orders for provisional 393 remedies, including interim awards, as the arbitrator finds 394 necessary to protect the effectiveness of the arbitration 395 proceeding and to promote the fair and expeditious resolution of 396 the controversy, to the same extent and under the same 397 conditions as if the controversy were the subject of a civil 398 action. 399 (b) A party to an arbitration proceeding may move the court 400 for a provisional remedy only if the matter is urgent and the 401 arbitrator is not able to act timely or the arbitrator cannot 402 provide an adequate remedy. 403 (3) A party does not waive a right of arbitration by making 404 a motion under this section. 405 Section 10. Section 682.032, Florida Statutes, is created 406 to read: 407 682.032 Initiation of arbitration.— 408 (1) A person initiates an arbitration proceeding by giving 409 notice in a record to the other parties to the agreement to 410 arbitrate in the agreed manner between the parties or, in the 411 absence of agreement, by certified or registered mail, return 412 receipt requested and obtained, or by service as authorized for 413 the commencement of a civil action. The notice must describe the 414 nature of the controversy and the remedy sought. 415 (2) Unless a person objects for lack or insufficiency of 416 notice under s. 682.06(3) not later than the beginning of the 417 arbitration hearing, the person by appearing at the hearing 418 waives any objection to lack of or insufficiency of notice. 419 Section 11. Section 682.033, Florida Statutes, is created 420 to read: 421 682.033 Consolidation of separate arbitration proceedings.— 422 (1) Except as otherwise provided in subsection (3), upon 423 motion of a party to an agreement to arbitrate or to an 424 arbitration proceeding, the court may order consolidation of 425 separate arbitration proceedings as to all or some of the claims 426 if: 427 (a) There are separate agreements to arbitrate or separate 428 arbitration proceedings between the same persons or one of them 429 is a party to a separate agreement to arbitrate or a separate 430 arbitration proceeding with a third person; 431 (b) The claims subject to the agreements to arbitrate arise 432 in substantial part from the same transaction or series of 433 related transactions; 434 (c) The existence of a common issue of law or fact creates 435 the possibility of conflicting decisions in the separate 436 arbitration proceedings; and 437 (d) Prejudice resulting from a failure to consolidate is 438 not outweighed by the risk of undue delay or prejudice to the 439 rights of or hardship to parties opposing consolidation. 440 (2) The court may order consolidation of separate 441 arbitration proceedings as to some claims and allow other claims 442 to be resolved in separate arbitration proceedings. 443 (3) The court may not order consolidation of the claims of 444 a party to an agreement to arbitrate if the agreement prohibits 445 consolidation. 446 Section 12. Section 682.04, Florida Statutes, is amended to 447 read: 448 682.04 Appointment of arbitrators by court.— 449 (1) If the parties to an agreement to arbitrate agree onor450provision for arbitration subject to this law providesa method 451 for appointingthe appointment ofarbitratorsor an umpire, this 452 method mustshallbe followed, unless the method fails. 453 (2) The court, on application of a party to an arbitration 454 agreement, shall appoint one or more arbitrators, if: 455 (a) The parties have not agreed on a method; 456 (b) The agreed method fails; 457 (c) One or more of the parties failed to respond to the 458 demand for arbitration; or 459 (d) An arbitrator fails to act and a successor has not been 460 appointed. 461 (3)In the absence thereof, or if the agreed method fails462or for any reason cannot be followed, or if an arbitrator or463umpire who has been appointed fails to act and his or her464successor has not been duly appointed, the court, on application465of a party to such agreement or provision shall appoint one or466more arbitrators or an umpire.An arbitratoror umpireso 467 appointed has all theshall have likepowers of an arbitrator 468 designatedas if named or provided forin the agreement to 469 arbitrate appointed pursuant to the agreed methodor provision. 470 (4) An individual who has a known, direct, and material 471 interest in the outcome of the arbitration proceeding or a 472 known, existing, and substantial relationship with a party may 473 not serve as an arbitrator required by an agreement to be 474 neutral. 475 Section 13. Section 682.041, Florida Statutes, is created 476 to read: 477 682.041 Disclosure by arbitrator.— 478 (1) Before accepting appointment, an individual who is 479 requested to serve as an arbitrator, after making a reasonable 480 inquiry, shall disclose to all parties to the agreement to 481 arbitrate and arbitration proceeding and to any other 482 arbitrators any known facts that a reasonable person would 483 consider likely to affect the person’s impartiality as an 484 arbitrator in the arbitration proceeding, including: 485 (a) A financial or personal interest in the outcome of the 486 arbitration proceeding. 487 (b) An existing or past relationship with any of the 488 parties to the agreement to arbitrate or the arbitration 489 proceeding, their counsel or representative, a witness, or 490 another arbitrator. 491 (2) An arbitrator has a continuing obligation to disclose 492 to all parties to the agreement to arbitrate and arbitration 493 proceeding and to any other arbitrators any facts that the 494 arbitrator learns after accepting appointment that a reasonable 495 person would consider likely to affect the impartiality of the 496 arbitrator. 497 (3) If an arbitrator discloses a fact required by 498 subsection (1) or subsection (2) to be disclosed and a party 499 timely objects to the appointment or continued service of the 500 arbitrator based upon the fact disclosed, the objection may be a 501 ground under s. 682.13(1)(b) for vacating an award made by the 502 arbitrator. 503 (4) If the arbitrator did not disclose a fact as required 504 by subsection (1) or subsection (2), upon timely objection by a 505 party, the court may vacate an award under s. 682.13(1)(b). 506 (5) An arbitrator appointed as a neutral arbitrator who 507 does not disclose a known, direct, and material interest in the 508 outcome of the arbitration proceeding or a known, existing, and 509 substantial relationship with a party is presumed to act with 510 evident partiality under s. 682.13(1)(b). 511 (6) If the parties to an arbitration proceeding agree to 512 the procedures of an arbitration organization or any other 513 procedures for challenges to arbitrators before an award is 514 made, substantial compliance with those procedures is a 515 condition precedent to a motion to vacate an award on that 516 ground under s. 682.13(1)(b). 517 Section 14. Section 682.05, Florida Statutes, is amended to 518 read: 519 682.05 Majority action by arbitrators.—If there is more 520 than one arbitrator, the powers of an arbitrator must be 521 exercised by a majority of the arbitrators, but all of the 522 arbitrators shall conduct the hearing under s. 682.06(3).The523powers of the arbitrators may be exercised by a majority of524their number unless otherwise provided in the agreement or525provision for arbitration.526 Section 15. Section 682.051, Florida Statutes, is created 527 to read: 528 682.051 Immunity of arbitrator; competency to testify; 529 attorney fees and costs.— 530 (1) An arbitrator or an arbitration organization acting in 531 the capacity of an arbitrator is immune from civil liability to 532 the same extent as a judge of a court of this state acting in a 533 judicial capacity. 534 (2) The immunity afforded under this section supplements 535 any immunity under other law. 536 (3) The failure of an arbitrator to make a disclosure 537 required by s. 682.041 does not cause any loss of immunity under 538 this section. 539 (4) In a judicial, administrative, or similar proceeding, 540 an arbitrator or representative of an arbitration organization 541 is not competent to testify, and may not be required to produce 542 records as to any statement, conduct, decision, or ruling 543 occurring during the arbitration proceeding, to the same extent 544 as a judge of a court of this state acting in a judicial 545 capacity. This subsection does not apply: 546 (a) To the extent necessary to determine the claim of an 547 arbitrator, arbitration organization, or representative of the 548 arbitration organization against a party to the arbitration 549 proceeding; or 550 (b) To a hearing on a motion to vacate an award under s. 551 682.13(1)(a) or (b) if the movant establishes prima facie that a 552 ground for vacating the award exists. 553 (5) If a person commences a civil action against an 554 arbitrator, arbitration organization, or representative of an 555 arbitration organization arising from the services of the 556 arbitrator, organization, or representative or if a person seeks 557 to compel an arbitrator or a representative of an arbitration 558 organization to testify or produce records in violation of 559 subsection (4), and the court decides that the arbitrator, 560 arbitration organization, or representative of an arbitration 561 organization is immune from civil liability or that the 562 arbitrator or representative of the organization is not 563 competent to testify, the court shall award to the arbitrator, 564 organization, or representative reasonable attorney fees and 565 other reasonable expenses of litigation. 566 Section 16. Section 682.06, Florida Statutes, is amended to 567 read: 568 682.06 Hearing.— 569 (1) An arbitrator may conduct an arbitration in such manner 570 as the arbitrator considers appropriate for a fair and 571 expeditious disposition of the proceeding. The arbitrator’s 572 authority includes the power to hold conferences with the 573 parties to the arbitration proceeding before the hearing and, 574 among other matters, determine the admissibility, relevance, 575 materiality, and weight of any evidence.Unless otherwise576provided by the agreement or provision for arbitration:577(1)(a) The arbitrators shall appoint a time and place for578the hearing and cause notification to the parties to be served579personally or by registered or certified mail not less than 5580days before the hearing. Appearance at the hearing waives a581party’s right to such notice. The arbitrators may adjourn their582hearing from time to time upon their own motion and shall do so583upon the request of any party to the arbitration for good cause584shown, provided that no adjournment or postponement of their585hearing shall extend beyond the date fixed in the agreement or586provision for making the award unless the parties consent to a587later date. An umpire authorized to hear and decide the cause588upon failure of the arbitrators to agree upon an award shall, in589the course of his or her jurisdiction, have like powers and be590subject to like limitations thereon.591(b) The arbitrators, or umpire in the course of his or her592jurisdiction, may hear and decide the controversy upon the593evidence produced notwithstanding the failure or refusal of a594party duly notified of the time and place of the hearing to595appear. The court on application may direct the arbitrators, or596the umpire in the course of his or her jurisdiction, to proceed597promptly with the hearing and making of the award.598 (2) An arbitrator may decide a request for summary 599 disposition of a claim or particular issue: 600 (a) If all interested parties agree; or 601 (b) Upon request of one party to the arbitration 602 proceeding, if that party gives notice to all other parties to 603 the proceeding and the other parties have a reasonable 604 opportunity to respond.The parties are entitled to be heard, to605present evidence material to the controversy and to cross606examine witnesses appearing at the hearing.607 (3) If an arbitrator orders a hearing, the arbitrator shall 608 set a time and place and give notice of the hearing not less 609 than 5 days before the hearing begins. Unless a party to the 610 arbitration proceeding makes an objection to lack or 611 insufficiency of notice not later than the beginning of the 612 hearing, the party’s appearance at the hearing waives the 613 objection. Upon request of a party to the arbitration proceeding 614 and for good cause shown, or upon the arbitrator’s own 615 initiative, the arbitrator may adjourn the hearing from time to 616 time as necessary but may not postpone the hearing to a time 617 later than that fixed by the agreement to arbitrate for making 618 the award unless the parties to the arbitration proceeding 619 consent to a later date. The arbitrator may hear and decide the 620 controversy upon the evidence produced although a party who was 621 duly notified of the arbitration proceeding did not appear. The 622 court, on request, may direct the arbitrator to conduct the 623 hearing promptly and render a timely decision.The hearing shall624be conducted by all of the arbitrators but a majority may625determine any question and render a final award. An umpire626authorized to hear and decide the cause upon the failure of the627arbitrators to agree upon an award shall sit with the628arbitrators throughout their hearing but shall not be counted as629a part of their quorum or in the making of their award. If,630during the course of the hearing, an arbitrator for any reason631ceases to act, the remaining arbitrator, arbitrators or umpire632appointed to act as neutrals may continue with the hearing and633determination of the controversy.634 (4) At a hearing under subsection (3), a party to the 635 arbitration proceeding has a right to be heard, to present 636 evidence material to the controversy, and to cross-examine 637 witnesses appearing at the hearing. 638 (5) If an arbitrator ceases or is unable to act during the 639 arbitration proceeding, a replacement arbitrator must be 640 appointed in accordance with s. 682.04 to continue the 641 proceeding and to resolve the controversy. 642 Section 17. Section 682.07, Florida Statutes, is amended to 643 read: 644 682.07 Representation by attorney.—A party to an 645 arbitration proceeding mayhas the right tobe represented by an 646 attorneyat any arbitration proceeding or hearing under this647law.A waiver thereof prior to the proceeding or hearing is648ineffective.649 Section 18. Section 682.08, Florida Statutes, is amended to 650 read: 651 682.08 Witnesses, subpoenas, depositions.— 652 (1) An arbitrator may issue a subpoena for the attendance 653 of a witness and for the production of records and other 654 evidence at any hearing and may administer oaths. A subpoena 655 must be served in the manner for service of subpoenas in a civil 656 action and, upon motion to the court by a party to the 657 arbitration proceeding or the arbitrator, enforced in the manner 658 for enforcement of subpoenas in a civil action.Arbitrators, or659an umpire authorized to hear and decide the cause upon failure660of the arbitrators to agree upon an award, in the course of her661or his jurisdiction, may issue subpoenas for the attendance of662witnesses and for the production of books, records, documents663and other evidence, and shall have the power to administer664oaths. Subpoenas so issued shall be served, and upon application665to the court by a party to the arbitration or the arbitrators,666or the umpire, enforced in the manner provided by law for the667service and enforcement of subpoenas in a civil action.668 (2) In order to make the proceedings fair, expeditious, and 669 cost effective, upon request of a party to, or a witness in, an 670 arbitration proceeding, an arbitrator may permit a deposition of 671 any witness to be taken for use as evidence at the hearing, 672 including a witness who cannot be subpoenaed for or is unable to 673 attend a hearing. The arbitrator shall determine the conditions 674 under which the deposition is taken.On application of a party675to the arbitration and for use as evidence, the arbitrators, or676the umpire in the course of her or his jurisdiction, may permit677a deposition to be taken, in the manner and upon the terms678designated by them or her or him of a witness who cannot be679subpoenaed or is unable to attend the hearing.680 (3) An arbitrator may permit such discovery as the 681 arbitrator decides is appropriate in the circumstances, taking 682 into account the needs of the parties to the arbitration 683 proceeding and other affected persons and the desirability of 684 making the proceeding fair, expeditious, and cost effective.All685provisions of law compelling a person under subpoena to testify686are applicable.687 (4) If an arbitrator permits discovery under subsection 688 (3), the arbitrator may order a party to the arbitration 689 proceeding to comply with the arbitrator’s discovery-related 690 orders, issue subpoenas for the attendance of a witness and for 691 the production of records and other evidence at a discovery 692 proceeding, and take action against a noncomplying party to the 693 extent a court could if the controversy were the subject of a 694 civil action in this state. 695 (5) An arbitrator may issue a protective order to prevent 696 the disclosure of privileged information, confidential 697 information, trade secrets, and other information protected from 698 disclosure to the extent a court could if the controversy were 699 the subject of a civil action in this state. 700 (6) All laws compelling a person under subpoena to testify 701 and all fees for attending a judicial proceeding, a deposition, 702 or a discovery proceeding as a witness apply to an arbitration 703 proceeding as if the controversy were the subject of a civil 704 action in this state. 705 (7) The court may enforce a subpoena or discovery-related 706 order for the attendance of a witness within this state and for 707 the production of records and other evidence issued by an 708 arbitrator in connection with an arbitration proceeding in 709 another state upon conditions determined by the court so as to 710 make the arbitration proceeding fair, expeditious, and cost 711 effective. A subpoena or discovery-related order issued by an 712 arbitrator in another state must be served in the manner 713 provided by law for service of subpoenas in a civil action in 714 this state and, upon motion to the court by a party to the 715 arbitration proceeding or the arbitrator, enforced in the manner 716 provided by law for enforcement of subpoenas in a civil action 717 in this state. 718 (8)(4)Fees for attendance as a witness shall be the same 719 as for a witness in the circuit court. 720 Section 19. Section 682.081, Florida Statutes, is created 721 to read: 722 682.081 Judicial enforcement of preaward ruling by 723 arbitrator.—If an arbitrator makes a preaward ruling in favor of 724 a party to the arbitration proceeding, the party may request 725 that the arbitrator incorporate the ruling into an award under 726 s. 682.12. A prevailing party may make a motion to the court for 727 an expedited order to confirm the award under s. 682.12, in 728 which case the court shall summarily decide the motion. The 729 court shall issue an order to confirm the award unless the court 730 vacates, modifies, or corrects the award under s. 682.13 or s. 731 682.14. 732 Section 20. Section 682.09, Florida Statutes, is amended to 733 read: 734 682.09 Award.— 735 (1) An arbitrator shall make a record of an award. The 736 record must be signed or otherwise authenticated by any 737 arbitrator who concurs with the award. The arbitrator or the 738 arbitration organization shall give notice of the award, 739 including a copy of the award, to each party to the arbitration 740 proceeding.The award shall be in writing and shall be signed by741the arbitrators joining in the award or by the umpire in the742course of his or her jurisdiction. They or he or she shall743deliver a copy to each party to the arbitration either744personally or by registered or certified mail, or as provided in745the agreement or provision.746 (2) An award must be made within the time specified by the 747 agreement to arbitrate or, if not specified therein, within the 748 time ordered by the court. The court may extend, or the parties 749 to the arbitration proceeding may agree in a record to extend, 750 the time. The court or the parties may do so within or after the 751 time specified or ordered. A party waives any objection that an 752 award was not timely made unless the party gives notice of the 753 objection to the arbitrator before receiving notice of the 754 award.An award shall be made within the time fixed therefor by755the agreement or provision for arbitration or, if not so fixed,756within such time as the court may order on application of a757party to the arbitration. The parties may, by written agreement,758extend the time either before or after the expiration thereof.759Any objection that an award was not made within the time760required is waived unless the objecting party notifies the761arbitrators or umpire in writing of his or her objection prior762to the delivery of the award to him or her.763 Section 21. Section 682.10, Florida Statutes, is amended to 764 read: 765 682.10 Change of award by arbitratorsor umpire.— 766 (1) On motion to an arbitrator by a party to an arbitration 767 proceeding, the arbitrator may modify or correct an award: 768 (a) Upon a ground stated in s. 682.14(1)(a) or (c); 769 (b) Because the arbitrator has not made a final and 770 definite award upon a claim submitted by the parties to the 771 arbitration proceeding; or 772 (c) To clarify the award. 773 (2) A motion under subsection (1) must be made and notice 774 given to all parties within 20 days after the movant receives 775 notice of the award. 776 (3) A party to the arbitration proceeding must give notice 777 of any objection to the motion within 10 days after receipt of 778 the notice. 779 (4) If a motion to the court is pending under s. 682.12, s. 780 682.13, or s. 682.14, the court may submit the claim to the 781 arbitrator to consider whether to modify or correct the award: 782 (a) Upon a ground stated in s. 682.14(1)(a) or (c); 783 (b) Because the arbitrator has not made a final and 784 definite award upon a claim submitted by the parties to the 785 arbitration proceeding; or 786 (c) To clarify the award. 787 (5) An award modified or corrected pursuant to this section 788 is subject to ss. 682.09(1), 682.12, 682.13, and 682.14.On789application of a party to the arbitration, or if an application790to the court is pending under s.682.12, s.682.13or s.682.14,791on submission to the arbitrators, or to the umpire in the case792of an umpire’s award, by the court under such conditions as the793court may order, the arbitrators or umpire may modify or correct794the award upon the grounds stated in s.682.14(1)(a) and (c) or795for the purpose of clarifying the award. The application shall796be made within 20 days after delivery of the award to the797applicant. Written notice thereof shall be given forthwith to798the other party to the arbitration, stating that he or she must799serve his or her objections thereto, if any, within 10 days from800the notice. The award so modified or corrected is subject to the801provisions of ss.682.12-682.14.802 Section 22. Section 682.11, Florida Statutes, is amended to 803 read: 804 682.11 Remedies; fees and expenses of arbitration 805 proceeding.— 806 (1) An arbitrator may award punitive damages or other 807 exemplary relief if such an award is authorized by law in a 808 civil action involving the same claim and the evidence produced 809 at the hearing justifies the award under the legal standards 810 otherwise applicable to the claim. 811 (2) An arbitrator may award reasonable attorney fees and 812 other reasonable expenses of arbitration if such an award is 813 authorized by law in a civil action involving the same claim or 814 by the agreement of the parties to the arbitration proceeding. 815 (3) As to all remedies other than those authorized by 816 subsections (1) and (2), an arbitrator may order such remedies 817 as the arbitrator considers just and appropriate under the 818 circumstances of the arbitration proceeding. The fact that such 819 a remedy could not or would not be granted by the court is not a 820 ground for refusing to confirm an award under s. 682.12 or for 821 vacating an award under s. 682.13. 822 (4) An arbitrator’s expenses and fees, together with other 823 expenses, must be paid as provided in the award. 824 (5) If an arbitrator awards punitive damages or other 825 exemplary relief under subsection (1), the arbitrator shall 826 specify in the award the basis in fact justifying and the basis 827 in law authorizing the award and state separately the amount of 828 the punitive damages or other exemplary relief.Unless otherwise829provided in the agreement or provision for arbitration, the830arbitrators’ and umpire’s expenses and fees, together with other831expenses, not including counsel fees, incurred in the conduct of832the arbitration, shall be paid as provided in the award.833 Section 23. Section 682.12, Florida Statutes, is amended to 834 read: 835 682.12 Confirmation of an award.—After a party to an 836 arbitration proceeding receives notice of an award, the party 837 may make a motion to the court for an order confirming the award 838 at which time the court shall issue a confirming order unless 839 the award is modified or corrected pursuant to s. 682.10 or s. 840 682.14 or is vacated pursuant to s. 682.13.Upon application of841a party to the arbitration, the court shall confirm an award,842unless within the time limits hereinafter imposed grounds are843urged for vacating or modifying or correcting the award, in844which case the court shall proceed as provided in ss.682.13and845682.14.846 Section 24. Section 682.13, Florida Statutes, is amended to 847 read: 848 682.13 Vacating an award.— 849 (1) Upon motionapplicationof a party to an arbitration 850 proceeding, the court shall vacate an arbitration award ifwhen: 851 (a) The award was procured by corruption, fraud, or other 852 undue means;.853 (b) There was: 854 1. Evident partiality by an arbitrator appointed as a 855 neutral arbitrator; 856 2. Corruption by an arbitrator; or 857 3. Misconduct by an arbitrator prejudicing the rights of a 858 party to the arbitration proceeding;or corruption in any of the859arbitrators or umpire or misconduct prejudicing the rights of860any party.861 (c) An arbitrator refused to postpone the hearing upon 862 showing of sufficient cause for postponement, refused to 863 consider evidence material to the controversy, or otherwise 864 conducted the hearing contrary to s. 682.06, so as to prejudice 865 substantially the rights of a party to the arbitration 866 proceeding;The arbitrators or the umpire in the course of her867or his jurisdiction exceeded their powers.868 (d) An arbitrator exceeded the arbitrator’s powers;The869arbitrators or the umpire in the course of her or his870jurisdiction refused to postpone the hearing upon sufficient871cause being shown therefor or refused to hear evidence material872to the controversy or otherwise so conducted the hearing,873contrary to the provisions of s.682.06, as to prejudice874substantially the rights of a party.875 (e) There was no agreement to arbitrate, unless the person 876 participated in the arbitration proceeding without raising the 877 objection under s. 682.06(3) not later than the beginning of the 878 arbitration hearing; orThere was no agreement or provision for879arbitration subject to this law, unless the matter was880determined in proceedings under s.682.03and unless the party881participated in the arbitration hearing without raising the882objection.883 (f) The arbitration was conducted without proper notice of 884 the initiation of an arbitration as required in s. 682.032 so as 885 to prejudice substantially the rights of a party to the 886 arbitration proceeding. 887 888But the fact that the relief was such that it could not or would889not be granted by a court of law or equity is not ground for890vacating or refusing to confirm the award.891 (2) A motion under this section must be filed within 90 892 days after the movant receives notice of the award pursuant to 893 s. 682.09 or within 90 days after the movant receives notice of 894 a modified or corrected award pursuant to s. 682.10, unless the 895 movant alleges that the award was procured by corruption, fraud, 896 or other undue means, in which case the motion must be made 897 within 90 days after the ground is known or by the exercise of 898 reasonable care would have been known by the movant.An899application under this section shall be made within 90 days900after delivery of a copy of the award to the applicant, except901that, if predicated upon corruption, fraud or other undue means,902it shall be made within 90 days after such grounds are known or903should have been known.904 (3) If the court vacates an award on a ground other than 905 that set forth in paragraph (1)(e), it may order a rehearing. If 906 the award is vacated on a ground stated in paragraph (1)(a) or 907 paragraph (1)(b), the rehearing must be before a new arbitrator. 908 If the award is vacated on a ground stated in paragraph (1)(c), 909 paragraph (1)(d), or paragraph (1)(f), the rehearing may be 910 before the arbitrator who made the award or the arbitrator’s 911 successor. The arbitrator must render the decision in the 912 rehearing within the same time as that provided in s. 682.09(2) 913 for an award.In vacating the award on grounds other than those914stated in paragraph (1)(e), the court may order a rehearing915before new arbitrators chosen as provided in the agreement or916provision for arbitration or by the court in accordance with s.917682.04, or, if the award is vacated on grounds set forth in918paragraphs (1)(c) and (d), the court may order a rehearing919before the arbitrators or umpire who made the award or their920successors appointed in accordance with s.682.04. The time921within which the agreement or provision for arbitration requires922the award to be made is applicable to the rehearing and923commences from the date of the order therefor.924 (4) If a motionthe applicationto vacate is denied and no 925 motion to modify or correct the award is pending, the court 926 shall confirm the award. 927 Section 25. Section 682.14, Florida Statutes, is amended to 928 read: 929 682.14 Modification or correction of award.— 930 (1) Upon motion made within 90 days after the movant 931 receives notice of the award pursuant to s. 682.09 or within 90 932 days after the movant receives notice of a modified or corrected 933 award pursuant to s. 682.10, the court shall modify or correct 934 the award ifUpon application made within 90 days after delivery935of a copy of the award to the applicant, the court shall modify936or correct the award when: 937 (a) There is an evident miscalculation of figures or an 938 evident mistake in the description of any person, thing, or 939 property referred to in the award. 940 (b) The arbitratorsor umpirehave awarded upon a matter 941 not submitted in the arbitrationto them or him or herand the 942 award may be corrected without affecting the merits of the 943 decision upon the issues submitted. 944 (c) The award is imperfect as a matter of form, not 945 affecting the merits of the controversy. 946 (2) If the application is granted, the court shall modify 947 and correct the awardso as to effect its intentandshall948 confirm the award as so modified and corrected. Otherwise, 949 unless a motion to vacate the award under s. 682.13 is pending, 950 the court shall confirm the award as made. 951 (3) An application to modify or correct an award may be 952 joined in the alternative with an application to vacate the 953 award under s. 682.13. 954 Section 26. Section 682.15, Florida Statutes, is amended to 955 read: 956 682.15 Judgment or decree on award.— 957 (1) Upon granting an order confirming, vacating without 958 directing a rehearing, modifying, or correcting an award, the 959 court shall enter a judgment in conformity therewith. The 960 judgment may be recorded, docketed, and enforced as any other 961 judgment in a civil action. 962 (2) A court may allow reasonable costs of the motion and 963 subsequent judicial proceedings. 964 (3) On motion of a prevailing party to a contested judicial 965 proceeding under s. 682.12, s. 682.13, or s. 682.14, the court 966 may add reasonable attorney fees and other reasonable expenses 967 of litigation incurred in a judicial proceeding after the award 968 is made to a judgment confirming, vacating without directing a 969 rehearing, modifying, or correcting an award.Upon the granting970of an order confirming, modifying or correcting an award,971judgment or decree shall be entered in conformity therewith and972be enforced as any other judgment or decree. Costs of the973application and of the proceedings subsequent thereto, and974disbursements may be awarded by the court.975 Section 27. Section 682.16, Florida Statutes, is repealed. 976 Section 28. Section 682.17, Florida Statutes, is repealed. 977 Section 29. Section 682.18, Florida Statutes, is repealed. 978 Section 30. Section 682.181, Florida Statutes, is created 979 to read: 980 682.181 Jurisdiction.— 981 (1) A court of this state having jurisdiction over the 982 controversy and the parties may enforce an agreement to 983 arbitrate. 984 (2) An agreement to arbitrate providing for arbitration in 985 this state confers exclusive jurisdiction on the court to enter 986 judgment on an award under the Revised Florida Arbitration Code. 987 Section 31. Section 682.19, Florida Statutes, is amended to 988 read: 989 682.19 Venue.—A petition pursuant to s. 682.015 must be 990 filed in the court of the county in which the agreement to 991 arbitrate specifies the arbitration hearing is to be held or, if 992 the hearing has been held, in the court of the county in which 993 it was held. Otherwise, the petition may be made in the court of 994 any county in which an adverse party resides or has a place of 995 business or, if no adverse party has a residence or place of 996 business in this state, in the court of any county in this 997 state. All subsequent petitions must be made in the court 998 hearing the initial petition unless the court otherwise directs. 999Any application under this law may be made to the court of the1000county in which the other party to the agreement or provision1001for arbitration resides or has a place of business, or, if she1002or he has no residence or place of business in this state, then1003to the court of any county. All applications under this law1004subsequent to an initial application shall be made to the court1005hearing the initial application unless it shall order otherwise.1006 Section 32. Section 682.20, Florida Statutes, is amended to 1007 read: 1008 682.20 Appeals.— 1009 (1) An appeal may be taken from: 1010 (a) An order denying an application to compel arbitration 1011 made under s. 682.03. 1012 (b) An order granting a motionan applicationto stay 1013 arbitration pursuant tomade unders. 682.03(2)-(4). 1014 (c) An order confirmingor denying confirmation ofan 1015 award. 1016 (d) An order denying confirmation of an award unless the 1017 court has entered an order under s. 682.10(4) or s. 682.13. All 1018 other orders denying confirmation of an award are final orders. 1019 (e)(d)An order modifying or correcting an award. 1020 (f)(e)An order vacating an award without directing a 1021 rehearing. 1022 (g)(f)A judgment or decree entered pursuant to this 1023 chapterthe provisions of this law. 1024 (2) The appeal shall be taken in the manner and to the same 1025 extent as from orders or judgments in a civil action. 1026 Section 33. Section 682.21, Florida Statutes, is repealed. 1027 Section 34. Section 682.22, Florida Statutes, is repealed. 1028 Section 35. Section 682.23, Florida Statutes, is created to 1029 read: 1030 682.23 Relationship to Electronic Signatures in Global and 1031 National Commerce Act.—The provisions of this chapter governing 1032 the legal effect, validity, and enforceability of electronic 1033 records or electronic signatures and of contracts performed with 1034 the use of such records or signatures conform to the 1035 requirements of s. 102 of the Electronic Signatures in Global 1036 and National Commerce Act, 15 U.S.C. s. 7002. 1037 Section 36. Section 682.24, Florida Statutes, is created to 1038 read: 1039 682.24 Effective date; applicability.— 1040 (1) The Revised Florida Arbitration Code takes effect on 1041 July 1, 2012. 1042 (2) The Revised Florida Arbitration Code does not affect an 1043 action or proceeding commenced or right accrued before the 1044 Revised Florida Arbitration Code takes effect. Subject to s. 1045 682.013, an arbitration agreement made before July 1, 2012, is 1046 governed by the former Florida Arbitration Code. 1047 Section 37. Section 682.25, Florida Statutes, is created to 1048 read: 1049 682.25 Disputes excluded.—The Revised Florida Arbitration 1050 Code does not apply to any dispute involving child custody, 1051 visitation, or child support. 1052 Section 38. Section 44.104, Florida Statutes, is amended to 1053 read: 1054 44.104 Voluntarybinding arbitration and voluntarytrial 1055 resolution.— 1056 (1) Two or more opposing parties who are involved in a 1057 civil dispute may agree in writing to submit the controversy to 1058voluntary binding arbitration, orvoluntary trial resolution, in 1059 lieu of judicial litigation of the issues involved, prior to or 1060 after a lawsuit has been filed, provided no constitutional issue1061is involved. 1062 (2) If the parties have entered into such an agreement and 1063 the agreementwhich provides in voluntary binding arbitration1064for a method for appointing of one or more arbitrators, or which1065 providesin voluntary trial resolutiona method for appointing 1066 thea member of The Florida Bar in good standing for more than 51067years to act astrial resolution judge, that method shall be 1068 followedthe court shall proceed with the appointment as1069prescribed.However, in voluntary binding arbitration at least1070one of the arbitrators, who shall serve as the chief arbitrator,1071shall meet the qualifications and training requirements adopted1072pursuant to s.44.106.In the absence of an agreement on a 1073 method for appointing the trial resolution judge, or if the 1074 agreement method fails or for any reason cannot be followed, and 1075 the parties fail to agree on the person to serve as the trial 1076 resolution judge, the court, on application of a party, shall 1077 appointone or more qualified arbitrators, orthe trial 1078 resolution judge, as the case requires. A trial resolution judge 1079 must be a member of The Florida Bar in good standing for 5 years 1080 or more who has agreed to serve. 1081 (3) Thearbitrators ortrial resolution judge shall be 1082 compensated by the parties according to their agreement with the 1083 trial resolution judge. 1084 (4) Within 10 days after the submission of the request for 1085binding arbitration, orvoluntary trial resolution, the court 1086 shall provide for the appointment of thearbitrator or1087arbitrators, ortrial resolution judge, as the case requires. 1088 Once appointed, thearbitrators ortrial resolution judge shall 1089 notify the parties of the time and place for the hearing. 1090 (5) Application forvoluntary binding arbitration or1091 voluntary trial resolution shall be filed and fees paid to the 1092 clerk of court as if for complaints initiating civil actions. 1093 The clerk of the court shall handle and account for these 1094 matters in all respects as if they were civil actions, except 1095 that the clerk of court shall keep separatethe records of the1096applications for voluntary binding arbitration andthe records 1097 of the applications for voluntary trial resolution from all 1098 other civil actions. 1099 (6) Filing of the application forbinding arbitration or1100 voluntary trial resolution tollswill tollthe running of the 1101 applicable statutes of limitation. 1102 (7) Thechief arbitrator ortrial resolution judge may 1103 administer oaths or affirmations and conduct the proceedings as 1104 the rules of court shall provide. At the request of any party, 1105 thechief arbitrator ortrial resolution judge shall issue 1106 subpoenas for the attendance of witnesses and for the production 1107 of books, records, documents, and other evidence and may apply 1108 to the court for orders compelling attendance and production. 1109 Subpoenas shall be served and shall be enforceable in the manner 1110 provided by law. The trial resolution judge may order temporary 1111 relief in the same manner, and to the same extent, as in civil 1112 actions generally. Any party may enforce such an order by filing 1113 a petition in the court. Orders entered by the court are 1114 reviewable by the appellate court in the same manner, and to the 1115 same extent, as orders in civil actions generally. 1116 (8)A voluntary binding arbitration hearing shall be1117conducted by all of the arbitrators, but a majority may1118determine any question and render a final decision.A trial 1119 resolution judge shall conduct a voluntary trial resolution 1120 hearing. The trial resolution judge may determine any question 1121 and render a final decision. 1122 (9) The Florida Evidence Code and Florida Rules of Civil 1123 Procedureshallapply to all proceedings under this section, 1124 except that voluntary trial resolution is not governed by 1125 procedural rules regulating general and special magistrates, and 1126 rulings of the trial resolution judge are not reviewable by 1127 filing exceptions with the court. 1128(10) An appeal of a voluntary binding arbitration decision1129shall be taken to the circuit court and shall be limited to1130review on the record and not de novo, of:1131(a) Any alleged failure of the arbitrators to comply with1132the applicable rules of procedure or evidence.1133(b) Any alleged partiality or misconduct by an arbitrator1134prejudicing the rights of any party.1135(c) Whether the decision reaches a result contrary to the1136Constitution of the United States or of the State of Florida.1137 (10)(11)Any party may enforce a final decision rendered in 1138 a voluntary trial by filing a petition for final judgment in the 1139 circuit court in the circuit in which the voluntary trial took 1140 place. Upon entry of final judgment by the circuit court, any 1141 party may appeal to the appropriate appellate court. The 1142 judgment is reviewable by the appellate court in the same 1143 manner, and to the same extent, as a judgment in a civil action. 1144Factual findings determined in the voluntary trial are not1145subject to appeal.1146(12) The harmless error doctrine shall apply in all1147appeals. No further review shall be permitted unless a1148constitutional issue is raised.1149 (11)(13)If no appeal is taken within the time provided by 1150 rules promulgated by the Supreme Court,thenthe decision shall 1151 be referred to the presiding judge in the case, or if one has 1152 not been assigned, then to the chief judge of the circuit for 1153 assignment to a circuit judge, who shall enter such orders and 1154 judgments as are required to carry out the terms of the 1155 decision. Equitable remedies are, which orders shall be1156 enforceable by the contempt powers of the court to the same 1157 extent as in civil actions generally. When a judgment provides 1158 for execution,and for which judgmentsexecution shall issue on 1159 request of a party. 1160 (12)(14)This section doesshallnot applyto any dispute1161involving child custody, visitation, or child support, orto any 1162 dispute thatwhichinvolves the rights of a third party not a 1163 party to thearbitration orvoluntary trial resolution when the 1164 third party would be an indispensable party if the dispute were 1165 resolved in court or when the third party notifiesthe chief1166arbitrator orthe trial resolution judge that the third party 1167 would be a proper party if the dispute were resolved in court, 1168 that the third party intends to intervene in the action in 1169 court, and that the third party does not agree to proceed under 1170 this section. 1171 (13) A trial resolution judge does not have jurisdiction to 1172 declare unconstitutional a statute, ordinance, or provision of a 1173 constitution. If any such claim is made in the voluntary trial 1174 resolution proceeding, that claim shall be severed and 1175 adjudicated by a judge of the court. 1176 (14)(a) The parties may agree to a trial by a privately 1177 selected jury. The court’s jury pool may not be used for this 1178 purpose. In all other cases, the trial resolution judge shall 1179 conduct a bench trial. 1180 (b) The trial resolution judge may wear a judicial robe and 1181 use the title “Trial Resolution Judge” when acting in that 1182 capacity. 1183 Section 39. Subsection (1) of section 44.107, Florida 1184 Statutes, is amended to read: 1185 44.107 Immunity for arbitrators, voluntary trial resolution 1186 judges, mediators, and mediator trainees.— 1187 (1) Arbitrators serving under s. 44.103, voluntary trial 1188 resolution judges serving underors. 44.104, mediators serving 1189 under s. 44.102, and trainees fulfilling the mentorship 1190 requirements for certification by the Supreme Court as a 1191 mediatorshallhave judicial immunity in the same manner and to 1192 the same extent as a judge and are entitled to the same immunity 1193 and remedies provided in s. 682.051. 1194 Section 40. Section 440.1926, Florida Statutes, is amended 1195 to read: 1196 440.1926 Alternate dispute resolution; claim arbitration. 1197 Notwithstanding any other provision of this chapter, the 1198 employer, carrier, and employee may mutually agree to seek 1199 consent from a judge of compensation claims to enter into 1200 binding claim arbitration in lieu of any other remedy provided 1201 for in this chapter to resolve all issues in dispute regarding 1202 an injury. Arbitrations agreed to pursuant to this section shall 1203 be governed by chapter 682, the Revised Florida Arbitration 1204 Code, except that, notwithstanding any provision in chapter 682, 1205 the term “court” shall mean a judge of compensation claims. An 1206 arbitration award in accordance with this section isshall be1207 enforceable in the same manner and with the same powers as any 1208 final compensation order. 1209 Section 41. Paragraph (a) of subsection (1) of section 1210 489.1402, Florida Statutes, is amended to read: 1211 489.1402 Homeowners’ Construction Recovery Fund; 1212 definitions.— 1213 (1) The following definitions apply to ss. 489.140-489.144: 1214 (a) “Arbitration” means alternative dispute resolution 1215 entered into between a claimant and a contractor either pursuant 1216 to a construction contract that contains a mandatory arbitration 1217 clause or through any binding arbitration under the Revised 1218 Florida Arbitration Code. 1219 Section 42. Subsection (2) of section 731.401, Florida 1220 Statutes, is amended to read: 1221 731.401 Arbitration of disputes.— 1222 (2) Unless otherwise specified in the will or trust, a will 1223 or trust provision requiring arbitration shall be presumed to 1224 require voluntary trial resolutionbinding arbitrationunder s. 1225 44.104. 1226 Section 43. The Division of Statutory Revision is directed 1227 to redesignate the title of chapter 44, Florida Statutes, as 1228 “Alternative Dispute Resolution.” 1229 Section 44. The Division of Statutory Revision is directed 1230 to replace the phrase “the effective date of this act” wherever 1231 it occurs in this act with the date this act becomes a law. 1232 Section 45. This act shall take effect July 1, 2012.