Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 530
       
       
       
       
       
       
                                Barcode 398634                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/20/2013           .                                
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       The Committee on Judiciary (Thrasher) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 197 - 1098
    4  and insert:
    5         (2) Until June 30, 2016, the Revised Florida Arbitration
    6  Code governs an agreement to arbitrate made before July 1, 2013,
    7  if all the parties to the agreement or to the arbitration
    8  proceeding so agree in a record. Otherwise, such agreements
    9  shall be governed by the applicable law existing at the time the
   10  parties entered into the agreement.
   11         (3) The Revised Florida Arbitration Code does not affect an
   12  action or proceeding commenced or right accrued before July 1,
   13  2013.
   14         (4) Beginning July 1, 2016, an agreement to arbitrate shall
   15  be subject to the Revised Florida Arbitration Code
   16         Section 5. Section 682.014, Florida Statutes, is created to
   17  read:
   18         682.014 Effect of agreement to arbitrate; nonwaivable
   19  provisions.—
   20         (1) Except as otherwise provided in subsections (2) and
   21  (3), a party to an agreement to arbitrate or to an arbitration
   22  proceeding may waive, or the parties may vary the effect of, the
   23  requirements of this chapter to the extent permitted by law.
   24         (2) Before a controversy arises that is subject to an
   25  agreement to arbitrate, a party to the agreement may not:
   26         (a) Waive or agree to vary the effect of the requirements
   27  of:
   28         1. Commencing a petition for judicial relief under s.
   29  682.015(1);
   30         2. Making agreements to arbitrate valid, enforceable, and
   31  irrevocable under s. 682.02(1);
   32         3. Permitting provisional remedies under s. 682.031;
   33         4. Conferring authority on arbitrators to issue subpoenas
   34  and permit depositions under s. 682.08(1) or (2);
   35         5. Conferring jurisdiction under s. 682.181; or
   36         6. Stating the bases for appeal under s. 682.20;
   37         (b) Agree to unreasonably restrict the right under s.
   38  682.032 to notice of the initiation of an arbitration
   39  proceeding;
   40         (c) Agree to unreasonably restrict the right under s.
   41  682.041 to disclosure of any facts by a neutral arbitrator; or
   42         (d) Waive the right under s. 682.07 of a party to an
   43  agreement to arbitrate to be represented by an attorney at any
   44  proceeding or hearing under this chapter, but an employer and a
   45  labor organization may waive the right to representation by an
   46  attorney in a labor arbitration.
   47         (3) A party to an agreement to arbitrate or arbitration
   48  proceeding may not waive, or the parties may not vary the effect
   49  of, the requirements in this section or:
   50         (a) The applicability of this chapter, the Revised Florida
   51  Arbitration Code, under s. 682.013(1) or (4);
   52         (b) The availability of proceedings to compel or stay
   53  arbitration under s. 682.03;
   54         (c) The immunity conferred on arbitrators and arbitration
   55  organizations under s. 682.051;
   56         (d) A party’s right to seek judicial enforcement of an
   57  arbitration preaward ruling under s. 682.081;
   58         (e) The authority conferred on an arbitrator to change an
   59  award under s. 682.10(4) or (5);
   60         (f) The remedies provided under s. 682.12;
   61         (g) The grounds for vacating an arbitration award under s.
   62  682.13;
   63         (h) The grounds for modifying an arbitration award under s.
   64  682.14;
   65         (i) The validity and enforceability of a judgment or decree
   66  based on an award under s. 682.15(1) or (2);
   67         (j) The validity of the Electronic Signatures in Global and
   68  National Commerce Act under s. 682.23; or
   69         (k) The effect of excluding from arbitration under this
   70  chapter disputes involving child custody, visitation, or child
   71  support under s. 682.25.
   72         Section 6. Section 682.015, Florida Statutes, is created to
   73  read:
   74         682.015 Petition for judicial relief.—
   75         (1) Except as otherwise provided in s. 682.20, a petition
   76  for judicial relief under this chapter must be made to the court
   77  and heard in the manner provided by law or rule of court for
   78  making and hearing motions.
   79         (2) Unless a civil action involving the agreement to
   80  arbitrate is pending, notice of an initial petition to the court
   81  under this chapter must be served in the manner provided by law
   82  for the service of a summons in a civil action. Otherwise,
   83  notice of the motion must be given in the manner provided by law
   84  or rule of court for serving motions in pending cases.
   85         Section 7. Section 682.02, Florida Statutes, is amended to
   86  read:
   87         682.02 Arbitration agreements made valid, irrevocable, and
   88  enforceable; scope.—
   89         (1) An agreement contained in a record to submit to
   90  arbitration any existing or subsequent controversy arising
   91  between the parties to the agreement is valid, enforceable, and
   92  irrevocable except upon a ground that exists at law or in equity
   93  for the revocation of a contract.
   94         (2) The court shall decide whether an agreement to
   95  arbitrate exists or a controversy is subject to an agreement to
   96  arbitrate.
   97         (3) An arbitrator shall decide whether a condition
   98  precedent to arbitrability has been fulfilled and whether a
   99  contract containing a valid agreement to arbitrate is
  100  enforceable.
  101         (4) If a party to a judicial proceeding challenges the
  102  existence of, or claims that a controversy is not subject to, an
  103  agreement to arbitrate, the arbitration proceeding may continue
  104  pending final resolution of the issue by the court, unless the
  105  court otherwise orders.
  106         (5)Two or more parties may agree in writing to submit to
  107  arbitration any controversy existing between them at the time of
  108  the agreement, or they may include in a written contract a
  109  provision for the settlement by arbitration of any controversy
  110  thereafter arising between them relating to such contract or the
  111  failure or refusal to perform the whole or any part thereof.
  112  This section also applies to written interlocal agreements under
  113  ss. 163.01 and 373.713 in which two or more parties agree to
  114  submit to arbitration any controversy between them concerning
  115  water use permit applications and other matters, regardless of
  116  whether or not the water management district with jurisdiction
  117  over the subject application is a party to the interlocal
  118  agreement or a participant in the arbitration. Such agreement or
  119  provision shall be valid, enforceable, and irrevocable without
  120  regard to the justiciable character of the controversy; provided
  121  that this act shall not apply to any such agreement or provision
  122  to arbitrate in which it is stipulated that this law shall not
  123  apply or to any arbitration or award thereunder.
  124         Section 8. Section 682.03, Florida Statutes, is amended to
  125  read:
  126         682.03 Proceedings to compel and to stay arbitration.—
  127         (1) On motion of a person showing an agreement to arbitrate
  128  and alleging another person’s refusal to arbitrate pursuant to
  129  the agreement:
  130         (a) If the refusing party does not appear or does not
  131  oppose the motion, the court shall order the parties to
  132  arbitrate.
  133         (b) If the refusing party opposes the motion, the court
  134  shall proceed summarily to decide the issue and order the
  135  parties to arbitrate unless it finds that there is no
  136  enforceable agreement to arbitrate. A party to an agreement or
  137  provision for arbitration subject to this law claiming the
  138  neglect or refusal of another party thereto to comply therewith
  139  may make application to the court for an order directing the
  140  parties to proceed with arbitration in accordance with the terms
  141  thereof. If the court is satisfied that no substantial issue
  142  exists as to the making of the agreement or provision, it shall
  143  grant the application. If the court shall find that a
  144  substantial issue is raised as to the making of the agreement or
  145  provision, it shall summarily hear and determine the issue and,
  146  according to its determination, shall grant or deny the
  147  application.
  148         (2) On motion of a person alleging that an arbitration
  149  proceeding has been initiated or threatened but that there is no
  150  agreement to arbitrate, the court shall proceed summarily to
  151  decide the issue. If the court finds that there is an
  152  enforceable agreement to arbitrate, it shall order the parties
  153  to arbitrate. If an issue referable to arbitration under an
  154  agreement or provision for arbitration subject to this law
  155  becomes involved in an action or proceeding pending in a court
  156  having jurisdiction to hear an application under subsection (1),
  157  such application shall be made in said court. Otherwise and
  158  subject to s. 682.19, such application may be made in any court
  159  of competent jurisdiction.
  160         (3) If the court finds that there is no enforceable
  161  agreement to arbitrate, it may not order the parties to
  162  arbitrate pursuant to subsection (1) or subsection (2). Any
  163  action or proceeding involving an issue subject to arbitration
  164  under this law shall be stayed if an order for arbitration or an
  165  application therefor has been made under this section or, if the
  166  issue is severable, the stay may be with respect thereto only.
  167  When the application is made in such action or proceeding, the
  168  order for arbitration shall include such stay.
  169         (4) The court may not refuse to order arbitration because
  170  the claim subject to arbitration lacks merit or grounds for the
  171  claim have not been established. On application the court may
  172  stay an arbitration proceeding commenced or about to be
  173  commenced, if it shall find that no agreement or provision for
  174  arbitration subject to this law exists between the party making
  175  the application and the party causing the arbitration to be had.
  176  The court shall summarily hear and determine the issue of the
  177  making of the agreement or provision and, according to its
  178  determination, shall grant or deny the application.
  179         (5) If a proceeding involving a claim referable to
  180  arbitration under an alleged agreement to arbitrate is pending
  181  in court, a motion under this section must be made in that
  182  court. Otherwise, a motion under this section may be made in any
  183  court as provided in s. 682.19. An order for arbitration shall
  184  not be refused on the ground that the claim in issue lacks merit
  185  or bona fides or because any fault or grounds for the claim
  186  sought to be arbitrated have not been shown.
  187         (6) If a party makes a motion to the court to order
  188  arbitration, the court on just terms shall stay any judicial
  189  proceeding that involves a claim alleged to be subject to the
  190  arbitration until the court renders a final decision under this
  191  section.
  192         (7) If the court orders arbitration, the court on just
  193  terms shall stay any judicial proceeding that involves a claim
  194  subject to the arbitration. If a claim subject to the
  195  arbitration is severable, the court may limit the stay to that
  196  claim.
  197         Section 9. Section 682.031, Florida Statutes, is created to
  198  read:
  199         682.031 Provisional remedies.—
  200         (1) Before an arbitrator is appointed and is authorized and
  201  able to act, the court, upon motion of a party to an arbitration
  202  proceeding and for good cause shown, may enter an order for
  203  provisional remedies to protect the effectiveness of the
  204  arbitration proceeding to the same extent and under the same
  205  conditions as if the controversy were the subject of a civil
  206  action.
  207         (2) After an arbitrator is appointed and is authorized and
  208  able to act:
  209         (a) The arbitrator may issue such orders for provisional
  210  remedies, including interim awards, as the arbitrator finds
  211  necessary to protect the effectiveness of the arbitration
  212  proceeding and to promote the fair and expeditious resolution of
  213  the controversy, to the same extent and under the same
  214  conditions as if the controversy were the subject of a civil
  215  action.
  216         (b) A party to an arbitration proceeding may move the court
  217  for a provisional remedy only if the matter is urgent and the
  218  arbitrator is not able to act timely or the arbitrator cannot
  219  provide an adequate remedy.
  220         (3) A party does not waive a right of arbitration by making
  221  a motion under this section.
  222         (4) If an arbitrator awards a provisional remedy for
  223  injunctive or equitable relief, the arbitrator shall state in
  224  the award the factual findings and legal basis for the award.
  225         (5) A party may seek to confirm or vacate a provisional
  226  remedy award for injunctive or equitable relief under s.
  227  682.081.
  228         Section 10. Section 682.032, Florida Statutes, is created
  229  to read:
  230         682.032 Initiation of arbitration.—
  231         (1) A person initiates an arbitration proceeding by giving
  232  notice in a record to the other parties to the agreement to
  233  arbitrate in the agreed manner between the parties or, in the
  234  absence of agreement, by certified or registered mail, return
  235  receipt requested and obtained, or by service as authorized for
  236  the commencement of a civil action. The notice must describe the
  237  nature of the controversy and the remedy sought.
  238         (2) Unless a person objects for lack or insufficiency of
  239  notice under s. 682.06(3) not later than the beginning of the
  240  arbitration hearing, the person by appearing at the hearing
  241  waives any objection to lack of or insufficiency of notice.
  242         Section 11. Section 682.033, Florida Statutes, is created
  243  to read:
  244         682.033 Consolidation of separate arbitration proceedings.—
  245         (1) Except as otherwise provided in subsection (3), upon
  246  motion of a party to an agreement to arbitrate or to an
  247  arbitration proceeding, the court may order consolidation of
  248  separate arbitration proceedings as to all or some of the claims
  249  if:
  250         (a) There are separate agreements to arbitrate or separate
  251  arbitration proceedings between the same persons or one of them
  252  is a party to a separate agreement to arbitrate or a separate
  253  arbitration proceeding with a third person;
  254         (b) The claims subject to the agreements to arbitrate arise
  255  in substantial part from the same transaction or series of
  256  related transactions;
  257         (c) The existence of a common issue of law or fact creates
  258  the possibility of conflicting decisions in the separate
  259  arbitration proceedings; and
  260         (d) Prejudice resulting from a failure to consolidate is
  261  not outweighed by the risk of undue delay or prejudice to the
  262  rights of or hardship to parties opposing consolidation.
  263         (2) The court may order consolidation of separate
  264  arbitration proceedings as to some claims and allow other claims
  265  to be resolved in separate arbitration proceedings.
  266         (3) The court may not order consolidation of the claims of
  267  a party to an agreement to arbitrate if the agreement prohibits
  268  consolidation.
  269         Section 12. Section 682.04, Florida Statutes, is amended to
  270  read:
  271         682.04 Appointment of arbitrators by court.—
  272         (1) If the parties to an agreement to arbitrate agree on or
  273  provision for arbitration subject to this law provides a method
  274  for appointing the appointment of arbitrators or an umpire, this
  275  method must shall be followed, unless the method fails.
  276         (2) The court, on motion of a party to an arbitration
  277  agreement, shall appoint one or more arbitrators, if:
  278         (a) The parties have not agreed on a method;
  279         (b) The agreed method fails;
  280         (c) One or more of the parties failed to respond to the
  281  demand for arbitration; or
  282         (d) An arbitrator fails to act and a successor has not been
  283  appointed.
  284         (3)In the absence thereof, or if the agreed method fails
  285  or for any reason cannot be followed, or if an arbitrator or
  286  umpire who has been appointed fails to act and his or her
  287  successor has not been duly appointed, the court, on application
  288  of a party to such agreement or provision shall appoint one or
  289  more arbitrators or an umpire. An arbitrator or umpire so
  290  appointed has all the shall have like powers of an arbitrator
  291  designated as if named or provided for in the agreement to
  292  arbitrate appointed pursuant to the agreed method or provision.
  293         (4) An individual who has a known, direct, and material
  294  interest in the outcome of the arbitration proceeding or a
  295  known, existing, and substantial relationship with a party may
  296  not serve as an arbitrator required by an agreement to be
  297  neutral.
  298         Section 13. Section 682.041, Florida Statutes, is created
  299  to read:
  300         682.041 Disclosure by arbitrator.—
  301         (1) Before accepting appointment, an individual who is
  302  requested to serve as an arbitrator, after making a reasonable
  303  inquiry, shall disclose to all parties to the agreement to
  304  arbitrate and arbitration proceeding and to any other
  305  arbitrators any known facts that a reasonable person would
  306  consider likely to affect the person’s impartiality as an
  307  arbitrator in the arbitration proceeding, including:
  308         (a) A financial or personal interest in the outcome of the
  309  arbitration proceeding.
  310         (b) An existing or past relationship with any of the
  311  parties to the agreement to arbitrate or the arbitration
  312  proceeding, their counsel or representative, a witness, or
  313  another arbitrator.
  314         (2) An arbitrator has a continuing obligation to disclose
  315  to all parties to the agreement to arbitrate and arbitration
  316  proceeding and to any other arbitrators any facts that the
  317  arbitrator learns after accepting appointment that a reasonable
  318  person would consider likely to affect the impartiality of the
  319  arbitrator.
  320         (3) If an arbitrator discloses a fact required by
  321  subsection (1) or subsection (2) to be disclosed and a party
  322  timely objects to the appointment or continued service of the
  323  arbitrator based upon the fact disclosed, the objection may be a
  324  ground under s. 682.13(1)(b) for vacating an award made by the
  325  arbitrator.
  326         (4) If the arbitrator did not disclose a fact as required
  327  by subsection (1) or subsection (2), upon timely objection by a
  328  party, the court may vacate an award under s. 682.13(1)(b).
  329         (5) An arbitrator appointed as a neutral arbitrator who
  330  does not disclose a known, direct, and material interest in the
  331  outcome of the arbitration proceeding or a known, existing, and
  332  substantial relationship with a party is presumed to act with
  333  evident partiality under s. 682.13(1)(b).
  334         (6) If the parties to an arbitration proceeding agree to
  335  the procedures of an arbitration organization or any other
  336  procedures for challenges to arbitrators before an award is
  337  made, substantial compliance with those procedures is a
  338  condition precedent to a motion to vacate an award on that
  339  ground under s. 682.13(1)(b).
  340         Section 14. Section 682.05, Florida Statutes, is amended to
  341  read:
  342         682.05 Majority action by arbitrators.—If there is more
  343  than one arbitrator, the powers of an arbitrator must be
  344  exercised by a majority of the arbitrators, but all of the
  345  arbitrators shall conduct the hearing under s. 682.06(3). The
  346  powers of the arbitrators may be exercised by a majority of
  347  their number unless otherwise provided in the agreement or
  348  provision for arbitration.
  349         Section 15. Section 682.051, Florida Statutes, is created
  350  to read:
  351         682.051 Immunity of arbitrator; competency to testify;
  352  attorney fees and costs.—
  353         (1) An arbitrator or an arbitration organization acting in
  354  that capacity is immune from civil liability to the same extent
  355  as a judge of a court of this state acting in a judicial
  356  capacity.
  357         (2) The immunity afforded under this section supplements
  358  any immunity under other law.
  359         (3) The failure of an arbitrator to make a disclosure
  360  required by s. 682.041 does not cause any loss of immunity under
  361  this section.
  362         (4) In a judicial, administrative, or similar proceeding,
  363  an arbitrator or representative of an arbitration organization
  364  is not competent to testify, and may not be required to produce
  365  records as to any statement, conduct, decision, or ruling
  366  occurring during the arbitration proceeding, to the same extent
  367  as a judge of a court of this state acting in a judicial
  368  capacity. This subsection does not apply:
  369         (a) To the extent necessary to determine the claim of an
  370  arbitrator, arbitration organization, or representative of the
  371  arbitration organization against a party to the arbitration
  372  proceeding; or
  373         (b) To a hearing on a motion to vacate an award under s.
  374  682.13(1)(a) or (b) if the movant establishes prima facie that a
  375  ground for vacating the award exists.
  376         (5) If a person commences a civil action against an
  377  arbitrator, arbitration organization, or representative of an
  378  arbitration organization arising from the services of the
  379  arbitrator, organization, or representative or if a person seeks
  380  to compel an arbitrator or a representative of an arbitration
  381  organization to testify or produce records in violation of
  382  subsection (4), and the court decides that the arbitrator,
  383  arbitration organization, or representative of an arbitration
  384  organization is immune from civil liability or that the
  385  arbitrator or representative of the organization is not
  386  competent to testify, the court shall award to the arbitrator,
  387  organization, or representative reasonable attorney fees and
  388  other reasonable expenses of litigation.
  389         Section 16. Section 682.06, Florida Statutes, is amended to
  390  read:
  391         682.06 Hearing.—
  392         (1) An arbitrator may conduct an arbitration in such manner
  393  as the arbitrator considers appropriate for a fair and
  394  expeditious disposition of the proceeding. The arbitrator’s
  395  authority includes the power to hold conferences with the
  396  parties to the arbitration proceeding before the hearing and,
  397  among other matters, determine the admissibility, relevance,
  398  materiality, and weight of any evidence. Unless otherwise
  399  provided by the agreement or provision for arbitration:
  400         (1)(a) The arbitrators shall appoint a time and place for
  401  the hearing and cause notification to the parties to be served
  402  personally or by registered or certified mail not less than 5
  403  days before the hearing. Appearance at the hearing waives a
  404  party’s right to such notice. The arbitrators may adjourn their
  405  hearing from time to time upon their own motion and shall do so
  406  upon the request of any party to the arbitration for good cause
  407  shown, provided that no adjournment or postponement of their
  408  hearing shall extend beyond the date fixed in the agreement or
  409  provision for making the award unless the parties consent to a
  410  later date. An umpire authorized to hear and decide the cause
  411  upon failure of the arbitrators to agree upon an award shall, in
  412  the course of his or her jurisdiction, have like powers and be
  413  subject to like limitations thereon.
  414         (b) The arbitrators, or umpire in the course of his or her
  415  jurisdiction, may hear and decide the controversy upon the
  416  evidence produced notwithstanding the failure or refusal of a
  417  party duly notified of the time and place of the hearing to
  418  appear. The court on application may direct the arbitrators, or
  419  the umpire in the course of his or her jurisdiction, to proceed
  420  promptly with the hearing and making of the award.
  421         (2) An arbitrator may decide a request for summary
  422  disposition of a claim or particular issue:
  423         (a) If all interested parties agree; or
  424         (b) Upon request of one party to the arbitration
  425  proceeding, if that party gives notice to all other parties to
  426  the proceeding and the other parties have a reasonable
  427  opportunity to respond. The parties are entitled to be heard, to
  428  present evidence material to the controversy and to cross
  429  examine witnesses appearing at the hearing.
  430         (3) If an arbitrator orders a hearing, the arbitrator shall
  431  set a time and place and give notice of the hearing not less
  432  than 5 days before the hearing begins. Unless a party to the
  433  arbitration proceeding makes an objection to lack or
  434  insufficiency of notice not later than the beginning of the
  435  hearing, the party’s appearance at the hearing waives the
  436  objection. Upon request of a party to the arbitration proceeding
  437  and for good cause shown, or upon the arbitrator’s own
  438  initiative, the arbitrator may adjourn the hearing from time to
  439  time as necessary, but may not postpone the hearing to a time
  440  later than that fixed by the agreement to arbitrate for making
  441  the award unless the parties to the arbitration proceeding
  442  consent to a later date. The arbitrator may hear and decide the
  443  controversy upon the evidence produced although a party who was
  444  duly notified of the arbitration proceeding did not appear. The
  445  court, on request, may direct the arbitrator to conduct the
  446  hearing promptly and render a timely decision. The hearing shall
  447  be conducted by all of the arbitrators but a majority may
  448  determine any question and render a final award. An umpire
  449  authorized to hear and decide the cause upon the failure of the
  450  arbitrators to agree upon an award shall sit with the
  451  arbitrators throughout their hearing but shall not be counted as
  452  a part of their quorum or in the making of their award. If,
  453  during the course of the hearing, an arbitrator for any reason
  454  ceases to act, the remaining arbitrator, arbitrators or umpire
  455  appointed to act as neutrals may continue with the hearing and
  456  determination of the controversy.
  457         (4) At a hearing under subsection (3), a party to the
  458  arbitration proceeding has a right to be heard, to present
  459  evidence material to the controversy, and to cross-examine
  460  witnesses appearing at the hearing.
  461         (5) If an arbitrator ceases or is unable to act during the
  462  arbitration proceeding, a replacement arbitrator must be
  463  appointed in accordance with s. 682.04 to continue the
  464  proceeding and to resolve the controversy.
  465         Section 17. Section 682.07, Florida Statutes, is amended to
  466  read:
  467         682.07 Representation by attorney.—A party has the right to
  468  be represented by an attorney at any arbitration proceeding or
  469  hearing under this law. A waiver thereof prior to the proceeding
  470  or hearing is ineffective.
  471         Section 18. Section 682.08, Florida Statutes, is amended to
  472  read:
  473         682.08 Witnesses, subpoenas, depositions.—
  474         (1) An arbitrator may issue a subpoena for the attendance
  475  of a witness and for the production of records and other
  476  evidence at any hearing and may administer oaths. A subpoena
  477  must be served in the manner for service of subpoenas in a civil
  478  action and, upon motion to the court by a party to the
  479  arbitration proceeding or the arbitrator, enforced in the manner
  480  for enforcement of subpoenas in a civil action. Arbitrators, or
  481  an umpire authorized to hear and decide the cause upon failure
  482  of the arbitrators to agree upon an award, in the course of her
  483  or his jurisdiction, may issue subpoenas for the attendance of
  484  witnesses and for the production of books, records, documents
  485  and other evidence, and shall have the power to administer
  486  oaths. Subpoenas so issued shall be served, and upon application
  487  to the court by a party to the arbitration or the arbitrators,
  488  or the umpire, enforced in the manner provided by law for the
  489  service and enforcement of subpoenas in a civil action.
  490         (2) In order to make the proceedings fair, expeditious, and
  491  cost effective, upon request of a party to, or a witness in, an
  492  arbitration proceeding, an arbitrator may permit a deposition of
  493  any witness to be taken for use as evidence at the hearing,
  494  including a witness who cannot be subpoenaed for or is unable to
  495  attend a hearing. The arbitrator shall determine the conditions
  496  under which the deposition is taken. On application of a party
  497  to the arbitration and for use as evidence, the arbitrators, or
  498  the umpire in the course of her or his jurisdiction, may permit
  499  a deposition to be taken, in the manner and upon the terms
  500  designated by them or her or him of a witness who cannot be
  501  subpoenaed or is unable to attend the hearing.
  502         (3) An arbitrator may permit such discovery as the
  503  arbitrator decides is appropriate in the circumstances, taking
  504  into account the needs of the parties to the arbitration
  505  proceeding and other affected persons and the desirability of
  506  making the proceeding fair, expeditious, and cost effective. All
  507  provisions of law compelling a person under subpoena to testify
  508  are applicable.
  509         (4) If an arbitrator permits discovery under subsection
  510  (3), the arbitrator may order a party to the arbitration
  511  proceeding to comply with the arbitrator’s discovery-related
  512  orders, issue subpoenas for the attendance of a witness and for
  513  the production of records and other evidence at a discovery
  514  proceeding, and take action against a noncomplying party to the
  515  extent a court could if the controversy were the subject of a
  516  civil action in this state.
  517         (5) An arbitrator may issue a protective order to prevent
  518  the disclosure of privileged information, confidential
  519  information, trade secrets, and other information protected from
  520  disclosure to the extent a court could if the controversy were
  521  the subject of a civil action in this state.
  522         (6) All laws compelling a person under subpoena to testify
  523  and all fees for attending a judicial proceeding, a deposition,
  524  or a discovery proceeding as a witness apply to an arbitration
  525  proceeding as if the controversy were the subject of a civil
  526  action in this state.
  527         (7) The court may enforce a subpoena or discovery-related
  528  order for the attendance of a witness within this state and for
  529  the production of records and other evidence issued by an
  530  arbitrator in connection with an arbitration proceeding in
  531  another state upon conditions determined by the court so as to
  532  make the arbitration proceeding fair, expeditious, and cost
  533  effective. A subpoena or discovery-related order issued by an
  534  arbitrator in another state must be served in the manner
  535  provided by law for service of subpoenas in a civil action in
  536  this state and, upon motion to the court by a party to the
  537  arbitration proceeding or the arbitrator, enforced in the manner
  538  provided by law for enforcement of subpoenas in a civil action
  539  in this state.
  540         (8)(4) Fees for attendance as a witness shall be the same
  541  as for a witness in the circuit court.
  542         Section 19. Section 682.081, Florida Statutes, is created
  543  to read:
  544         682.081 Judicial enforcement of preaward ruling by
  545  arbitrator.—
  546         (1) Except as provided in subsection (2), if an arbitrator
  547  makes a preaward ruling in favor of a party to the arbitration
  548  proceeding, the party may request that the arbitrator
  549  incorporate the ruling into an award under s. 682.12. A
  550  prevailing party may make a motion to the court for an expedited
  551  order to confirm the award under s. 682.12, in which case the
  552  court shall summarily decide the motion. The court shall issue
  553  an order to confirm the award unless the court vacates,
  554  modifies, or corrects the award under s. 682.13 or s. 682.14.
  555         (2) A party to a provisional remedy award for injunctive or
  556  equitable relief may make a motion to the court seeking to
  557  confirm or vacate the provisional remedy award.
  558         (a) The court shall confirm a provisional remedy award for
  559  injunctive or equitable relief if the award satisfies the legal
  560  standards for awarding a party injunctive or equitable relief.
  561         (b) The court shall vacate a provisional remedy award for
  562  injunctive or equitable relief which fails to satisfy the legal
  563  standards for awarding a party injunctive or equitable relief.
  564         Section 20. Section 682.09, Florida Statutes, is amended to
  565  read:
  566         682.09 Award.—
  567         (1) An arbitrator shall make a record of an award. The
  568  record must be signed or otherwise authenticated by any
  569  arbitrator who concurs with the award. The arbitrator or the
  570  arbitration organization shall give notice of the award,
  571  including a copy of the award, to each party to the arbitration
  572  proceeding. The award shall be in writing and shall be signed by
  573  the arbitrators joining in the award or by the umpire in the
  574  course of his or her jurisdiction. They or he or she shall
  575  deliver a copy to each party to the arbitration either
  576  personally or by registered or certified mail, or as provided in
  577  the agreement or provision.
  578         (2) An award must be made within the time specified by the
  579  agreement to arbitrate or, if not specified therein, within the
  580  time ordered by the court. The court may extend, or the parties
  581  to the arbitration proceeding may agree in a record to extend,
  582  the time. The court or the parties may do so within or after the
  583  time specified or ordered. A party waives any objection that an
  584  award was not timely made unless the party gives notice of the
  585  objection to the arbitrator before receiving notice of the
  586  award. An award shall be made within the time fixed therefor by
  587  the agreement or provision for arbitration or, if not so fixed,
  588  within such time as the court may order on application of a
  589  party to the arbitration. The parties may, by written agreement,
  590  extend the time either before or after the expiration thereof.
  591  Any objection that an award was not made within the time
  592  required is waived unless the objecting party notifies the
  593  arbitrators or umpire in writing of his or her objection prior
  594  to the delivery of the award to him or her.
  595         Section 21. Section 682.10, Florida Statutes, is amended to
  596  read:
  597         682.10 Change of award by arbitrators or umpire.—
  598         (1) On motion to an arbitrator by a party to an arbitration
  599  proceeding, the arbitrator may modify or correct an award:
  600         (a) Upon a ground stated in s. 682.14(1)(a) or (c);
  601         (b) Because the arbitrator has not made a final and
  602  definite award upon a claim submitted by the parties to the
  603  arbitration proceeding; or
  604         (c) To clarify the award.
  605         (2) A motion under subsection (1) must be made and notice
  606  given to all parties within 20 days after the movant receives
  607  notice of the award.
  608         (3) A party to the arbitration proceeding must give notice
  609  of any objection to the motion within 10 days after receipt of
  610  the notice.
  611         (4) If a motion to the court is pending under s. 682.12, s.
  612  682.13, or s. 682.14, the court may submit the claim to the
  613  arbitrator to consider whether to modify or correct the award:
  614         (a) Upon a ground stated in s. 682.14(1)(a) or (c);
  615         (b) Because the arbitrator has not made a final and
  616  definite award upon a claim submitted by the parties to the
  617  arbitration proceeding; or
  618         (c) To clarify the award.
  619         (5) An award modified or corrected pursuant to this section
  620  is subject to ss. 682.09(1), 682.12, 682.13, and 682.14. On
  621  application of a party to the arbitration, or if an application
  622  to the court is pending under s. 682.12, s. 682.13 or s. 682.14,
  623  on submission to the arbitrators, or to the umpire in the case
  624  of an umpire’s award, by the court under such conditions as the
  625  court may order, the arbitrators or umpire may modify or correct
  626  the award upon the grounds stated in s. 682.14(1)(a) and (c) or
  627  for the purpose of clarifying the award. The application shall
  628  be made within 20 days after delivery of the award to the
  629  applicant. Written notice thereof shall be given forthwith to
  630  the other party to the arbitration, stating that he or she must
  631  serve his or her objections thereto, if any, within 10 days from
  632  the notice. The award so modified or corrected is subject to the
  633  provisions of ss. 682.12-682.14.
  634         Section 22. Section 682.11, Florida Statutes, is amended to
  635  read:
  636         682.11 Remedies; fees and expenses of arbitration
  637  proceeding.—
  638         (1) An arbitrator may award punitive damages or other
  639  exemplary relief if such an award is authorized by law in a
  640  civil action involving the same claim and the evidence produced
  641  at the hearing justifies the award under the legal standards
  642  otherwise applicable to the claim.
  643         (2) An arbitrator may award reasonable attorney fees and
  644  other reasonable expenses of arbitration if such an award is
  645  authorized by law in a civil action involving the same claim or
  646  by the agreement of the parties to the arbitration proceeding.
  647         (3) As to all remedies other than those authorized by
  648  subsections (1) and (2), an arbitrator may order such remedies
  649  as the arbitrator considers just and appropriate under the
  650  circumstances of the arbitration proceeding. The fact that such
  651  a remedy could not or would not be granted by the court is not a
  652  ground for refusing to confirm an award under s. 682.12 or for
  653  vacating an award under s. 682.13.
  654         (4) An arbitrator’s expenses and fees, together with other
  655  expenses, must be paid as provided in the award.
  656         (5) If an arbitrator awards punitive damages or other
  657  exemplary relief under subsection (1), the arbitrator shall
  658  specify in the award the basis in fact justifying and the basis
  659  in law authorizing the award and state separately the amount of
  660  the punitive damages or other exemplary relief. Unless otherwise
  661  provided in the agreement or provision for arbitration, the
  662  arbitrators’ and umpire’s expenses and fees, together with other
  663  expenses, not including counsel fees, incurred in the conduct of
  664  the arbitration, shall be paid as provided in the award.
  665         Section 23. Section 682.12, Florida Statutes, is amended to
  666  read:
  667         682.12 Confirmation of an award.—After a party to an
  668  arbitration proceeding receives notice of an award, the party
  669  may make a motion to the court for an order confirming the award
  670  at which time the court shall issue a confirming order unless
  671  the award is modified or corrected pursuant to s. 682.10 or s.
  672  682.14 or is vacated pursuant to s. 682.13. Upon application of
  673  a party to the arbitration, the court shall confirm an award,
  674  unless within the time limits hereinafter imposed grounds are
  675  urged for vacating or modifying or correcting the award, in
  676  which case the court shall proceed as provided in ss. 682.13 and
  677  682.14.
  678         Section 24. Section 682.13, Florida Statutes, is amended to
  679  read:
  680         682.13 Vacating an award.—
  681         (1) Upon motion application of a party to an arbitration
  682  proceeding, the court shall vacate an arbitration award if when:
  683         (a) The award was procured by corruption, fraud, or other
  684  undue means;.
  685         (b) There was:
  686         1. Evident partiality by an arbitrator appointed as a
  687  neutral arbitrator;
  688         2. Corruption by an arbitrator; or
  689         3. Misconduct by an arbitrator prejudicing the rights of a
  690  party to the arbitration proceeding; or corruption in any of the
  691  arbitrators or umpire or misconduct prejudicing the rights of
  692  any party.
  693         (c) An arbitrator refused to postpone the hearing upon
  694  showing of sufficient cause for postponement, refused to hear
  695  evidence material to the controversy, or otherwise conducted the
  696  hearing contrary to s. 682.06, so as to prejudice substantially
  697  the rights of a party to the arbitration proceeding; The
  698  arbitrators or the umpire in the course of her or his
  699  jurisdiction exceeded their powers.
  700         (d) An arbitrator exceeded the arbitrator’s powers; The
  701  arbitrators or the umpire in the course of her or his
  702  jurisdiction refused to postpone the hearing upon sufficient
  703  cause being shown therefor or refused to hear evidence material
  704  to the controversy or otherwise so conducted the hearing,
  705  contrary to the provisions of s. 682.06, as to prejudice
  706  substantially the rights of a party.
  707         (e) There was no agreement to arbitrate, unless the person
  708  participated in the arbitration proceeding without raising the
  709  objection under s. 682.06(3) not later than the beginning of the
  710  arbitration hearing; or There was no agreement or provision for
  711  arbitration subject to this law, unless the matter was
  712  determined in proceedings under s. 682.03 and unless the party
  713  participated in the arbitration hearing without raising the
  714  objection.
  715         (f) The arbitration was conducted without proper notice of
  716  the initiation of an arbitration as required in s. 682.032 so as
  717  to prejudice substantially the rights of a party to the
  718  arbitration proceeding.
  719  But the fact that the relief was such that it could not or would
  720  not be granted by a court of law or equity is not ground for
  721  vacating or refusing to confirm the award.
  722         (2) A motion under this section must be filed within 90
  723  days after the movant receives notice of the award pursuant to
  724  s. 682.09 or within 90 days after the movant receives notice of
  725  a modified or corrected award pursuant to s. 682.10, unless the
  726  movant alleges that the award was procured by corruption, fraud,
  727  or other undue means, in which case the motion must be made
  728  within 90 days after the ground is known or by the exercise of
  729  reasonable care would have been known by the movant. An
  730  application under this section shall be made within 90 days
  731  after delivery of a copy of the award to the applicant, except
  732  that, if predicated upon corruption, fraud or other undue means,
  733  it shall be made within 90 days after such grounds are known or
  734  should have been known.
  735         (3) If the court vacates an award on a ground other than
  736  that set forth in paragraph (1)(e), it may order a rehearing. If
  737  the award is vacated on a ground stated in paragraph (1)(a) or
  738  paragraph (1)(b), the rehearing must be before a new arbitrator.
  739  If the award is vacated on a ground stated in paragraph (1)(c),
  740  paragraph (1)(d), or paragraph (1)(f), the rehearing may be
  741  before the arbitrator who made the award or the arbitrator’s
  742  successor. The arbitrator must render the decision in the
  743  rehearing within the same time as that provided in s. 682.09(2)
  744  for an award. In vacating the award on grounds other than those
  745  stated in paragraph (1)(e), the court may order a rehearing
  746  before new arbitrators chosen as provided in the agreement or
  747  provision for arbitration or by the court in accordance with s.
  748  682.04, or, if the award is vacated on grounds set forth in
  749  paragraphs (1)(c) and (d), the court may order a rehearing
  750  before the arbitrators or umpire who made the award or their
  751  successors appointed in accordance with s. 682.04. The time
  752  within which the agreement or provision for arbitration requires
  753  the award to be made is applicable to the rehearing and
  754  commences from the date of the order therefor.
  755         (4) If a motion the application to vacate is denied and no
  756  motion to modify or correct the award is pending, the court
  757  shall confirm the award.
  758         Section 25. Section 682.14, Florida Statutes, is amended to
  759  read:
  760         682.14 Modification or correction of award.—
  761         (1) Upon motion made within 90 days after the movant
  762  receives notice of the award pursuant to s. 682.09 or within 90
  763  days after the movant receives notice of a modified or corrected
  764  award pursuant to s. 682.10, the court shall modify or correct
  765  the award if Upon application made within 90 days after delivery
  766  of a copy of the award to the applicant, the court shall modify
  767  or correct the award when:
  768         (a) There is an evident miscalculation of figures or an
  769  evident mistake in the description of any person, thing, or
  770  property referred to in the award.
  771         (b) The arbitrators or umpire have awarded upon a matter
  772  not submitted in the arbitration to them or him or her and the
  773  award may be corrected without affecting the merits of the
  774  decision upon the issues submitted.
  775         (c) The award is imperfect as a matter of form, not
  776  affecting the merits of the controversy.
  777         (2) If the motion application is granted, the court shall
  778  modify and correct the award so as to effect its intent and
  779  shall confirm the award as so modified and corrected. Otherwise,
  780  unless a motion to vacate the award under s. 682.13 is pending,
  781  the court shall confirm the award as made.
  782         (3) A motion An application to modify or correct an award
  783  may be joined in the alternative with a motion an application to
  784  vacate the award under s. 682.13.
  785         Section 26. Section 682.15, Florida Statutes, is amended to
  786  read:
  787         682.15 Judgment or decree on award.—
  788         (1) Upon granting an order confirming, vacating without
  789  directing a rehearing, modifying, or correcting an award, the
  790  court shall enter a judgment in conformity therewith. The
  791  judgment may be recorded, docketed, and enforced as any other
  792  judgment in a civil action.
  793         (2) A court may allow reasonable costs of the motion and
  794  subsequent judicial proceedings.
  795         (3) On motion of a prevailing party to a contested judicial
  796  proceeding under s. 682.12, s. 682.13, or s. 682.14, the court
  797  may add reasonable attorney fees and other reasonable expenses
  798  of litigation incurred in a judicial proceeding after the award
  799  is made to a judgment confirming, vacating without directing a
  800  rehearing, modifying, or correcting an award. Upon the granting
  801  of an order confirming, modifying or correcting an award,
  802  judgment or decree shall be entered in conformity therewith and
  803  be enforced as any other judgment or decree. Costs of the
  804  application and of the proceedings subsequent thereto, and
  805  disbursements may be awarded by the court.
  806         Section 27. Section 682.16, Florida Statutes, is repealed.
  807         Section 28. Section 682.17, Florida Statutes, is repealed.
  808         Section 29. Section 682.18, Florida Statutes, is repealed.
  809         Section 30. Section 682.181, Florida Statutes, is created
  810  to read:
  811         682.181 Jurisdiction.—
  812         (1) A court of this state having jurisdiction over the
  813  controversy and the parties may enforce an agreement to
  814  arbitrate.
  815         (2) An agreement to arbitrate providing for arbitration in
  816  this state confers exclusive jurisdiction on the court to enter
  817  judgment on an award under this chapter.
  818         Section 31. Section 682.19, Florida Statutes, is amended to
  819  read:
  820         682.19 Venue.—A petition pursuant to s. 682.015 must be
  821  filed in the court of the county in which the agreement to
  822  arbitrate specifies the arbitration hearing is to be held or, if
  823  the hearing has been held, in the court of the county in which
  824  it was held. Otherwise, the petition may be made in the court of
  825  any county in which an adverse party resides or has a place of
  826  business or, if no adverse party has a residence or place of
  827  business in this state, in the court of any county in this
  828  state. All subsequent petitions must be made in the court
  829  hearing the initial petition unless the court otherwise directs.
  830  Any application under this law may be made to the court of the
  831  county in which the other party to the agreement or provision
  832  for arbitration resides or has a place of business, or, if she
  833  or he has no residence or place of business in this state, then
  834  to the court of any county. All applications under this law
  835  subsequent to an initial application shall be made to the court
  836  hearing the initial application unless it shall order otherwise.
  837         Section 32. Section 682.20, Florida Statutes, is amended to
  838  read:
  839         682.20 Appeals.—
  840         (1) An appeal may be taken from:
  841         (a) An order denying a motion an application to compel
  842  arbitration made under s. 682.03.
  843         (b) An order granting a motion an application to stay
  844  arbitration pursuant to made under s. 682.03(2)-(4).
  845         (c) An order confirming or denying confirmation of an
  846  award.
  847         (d) An order denying confirmation of an award unless the
  848  court has entered an order under s. 682.10(4) or s. 682.13. All
  849  other orders denying confirmation of an award are final orders.
  850         (e)(d) An order modifying or correcting an award.
  851         (f)(e) An order vacating an award without directing a
  852  rehearing.
  853         (g)(f) A judgment or decree entered pursuant to this
  854  chapter the provisions of this law.
  855         (2) The appeal shall be taken in the manner and to the same
  856  extent as from orders or judgments in a civil action.
  857         Section 33. Section 682.21, Florida Statutes, is repealed.
  858         Section 34. Section 682.22, Florida Statutes, is repealed.
  859         Section 35. Section 682.23, Florida Statutes, is created to
  860  read:
  861         682.23 Relationship to Electronic Signatures in Global and
  862  National Commerce Act.—The provisions of this chapter governing
  863  the legal effect, validity, and enforceability of electronic
  864  records or electronic signatures and of contracts performed with
  865  the use of such records or signatures conform to the
  866  requirements of s. 102 of the Electronic Signatures in Global
  867  and National Commerce Act, 15 U.S.C. s. 7002.
  868         Section 36. Section 682.25, Florida Statutes, is created to
  869  read:
  870         682.25 Disputes excluded.—This chapter does not apply to
  871  any dispute involving child custody, visitation, or child
  872  support.
  873         Section 37. Subsection (2) of section 731.401, Florida
  874  Statutes, is amended to read:
  875         731.401 Arbitration of disputes.—
  876         (2) Unless otherwise specified in the will or trust, a will
  877  or trust provision requiring arbitration shall be presumed to
  878  require binding arbitration under chapter 682, the Revised
  879  Florida Arbitration Code. If an arbitration enforceable under
  880  this section is governed under chapter 682, the arbitration
  881  provision in the will or trust shall be treated as an agreement
  882  for the purposes of applying chapter 682 s. 44.104.
  883         Section 38. Section 440.1926, Florida Statutes, is amended
  884  to read:
  885         440.1926 Alternate dispute resolution; claim arbitration.
  886  Notwithstanding any other provision of this chapter, the
  887  employer, carrier, and employee may mutually agree to seek
  888  consent from a judge of compensation claims to enter into
  889  binding claim arbitration in lieu of any other remedy provided
  890  for in this chapter to resolve all issues in dispute regarding
  891  an injury. Arbitrations agreed to pursuant to this section shall
  892  be governed by chapter 682, the Revised Florida Arbitration
  893  Code, except that, notwithstanding any provision in chapter 682,
  894  the term “court” shall mean a judge of compensation claims. An
  895  arbitration award in accordance with this section is shall be
  896  enforceable in the same manner and with the same powers as any
  897  final compensation order.
  898         Section 39. Paragraph (a) of subsection (1) of section
  899  489.1402, Florida Statutes, is amended to read:
  900         489.1402 Homeowners’ Construction Recovery Fund;
  901  definitions.—
  902         (1) The following definitions apply to ss. 489.140-489.144:
  903         (a) “Arbitration” means alternative dispute resolution
  904  entered into between a claimant and a contractor either pursuant
  905  to a construction contract that contains a mandatory arbitration
  906  clause or through any binding arbitration under chapter 682, the
  907  Revised Florida Arbitration Code.
  908  ================= T I T L E  A M E N D M E N T ================
  909         And the title is amended as follows:
  910         Delete line 146
  911  and insert:
  912         support; amending s. 731, 401, F.S.; providing for
  913         application of the act to an arbitration provision in
  914         a will or trust; amending ss. 440.1926 and 489.1402,