Florida Senate - 2012                             CS for SB 1458
       
       
       
       By the Committee on Judiciary; and Senator Diaz de la Portilla
       
       
       
       
       590-02348-12                                          20121458c1
    1                        A bill to be entitled                      
    2         An act relating to dispute resolution; amending s.
    3         682.01, F.S.; revising the short title of the “Florida
    4         Arbitration Code” to the “Revised Florida Arbitration
    5         Code”; creating s. 682.011, F.S.; providing
    6         definitions; creating s. 682.012, F.S.; specifying how
    7         a person gives notice to another person and how a
    8         person receives notice; creating s. 682.013, F.S.;
    9         specifying the applicability of the revised code;
   10         creating s. 682.014, F.S.; providing that an agreement
   11         may waive or vary the effect of statutory arbitration
   12         provisions; providing exceptions; creating s. 682.015,
   13         F.S.; providing for petitions for judicial relief;
   14         providing for service of notice of an initial petition
   15         for such relief; amending s. 682.02, F.S.; revising
   16         provisions relating to the making of arbitration
   17         agreements; requiring a court to decide whether an
   18         agreement to arbitrate exists or a controversy is
   19         subject to an agreement to arbitrate; providing for
   20         determination of specified issues by an arbitrator;
   21         providing for continuation of an arbitration
   22         proceeding pending resolution of certain issues by a
   23         court; revising provisions relating to applicability
   24         of provisions to certain interlocal agreements;
   25         amending s. 682.03, F.S.; revising provisions relating
   26         to proceedings to compel and to stay arbitration;
   27         creating s. 682.031, F.S.; providing for a court to
   28         order provisional remedies before an arbitrator is
   29         appointed and is authorized and able to act; providing
   30         for orders for provisional remedies by an arbitrator;
   31         providing that a party does not waive a right of
   32         arbitration by seeking provisional remedies in court;
   33         creating s. 682.032, F.S.; providing for initiation of
   34         arbitration; providing that a person waives any
   35         objection to lack of or insufficiency of notice by
   36         appearing at the arbitration hearing; providing an
   37         exception; creating s. 682.033, F.S.; providing for
   38         consolidation of separate arbitration proceedings as
   39         to all or some of the claims in certain circumstances;
   40         prohibiting consolidation if the agreement prohibits
   41         consolidation; amending s. 682.04, F.S.; revising
   42         provisions relating to appointment of an arbitrator;
   43         prohibiting an individual who has an interest in the
   44         outcome of an arbitration from serving as a neutral
   45         arbitrator; creating s. 682.041, F.S.; requiring
   46         certain disclosures of interests and relationships by
   47         a person before accepting appointment as an
   48         arbitrator; providing a continuing obligation to make
   49         such disclosures; providing for objections to an
   50         arbitrator based on information disclosed; providing
   51         for vacation of an award if an arbitrator failed to
   52         disclose a fact as required; providing that an
   53         arbitrator appointed as a neutral arbitrator who does
   54         not disclose certain interests or relationships is
   55         presumed to act with partiality for specified
   56         purposes; requiring parties to substantially comply
   57         with agreed-to procedures of an arbitration
   58         organization or any other procedures for challenges to
   59         arbitrators before an award is made in order to seek
   60         vacation of an award on specified grounds; amending s.
   61         682.05, F.S.; requiring that if there is more than one
   62         arbitrator, the powers of an arbitrator must be
   63         exercised by a majority of the arbitrators; requiring
   64         all arbitrators to conduct the arbitration hearing;
   65         creating s. 682.051, F.S.; providing immunity from
   66         civil liability for an arbitrator or an arbitration
   67         organization acting in that capacity; providing that
   68         this immunity is supplemental to any immunity under
   69         other law; providing that failure to make a required
   70         disclosure does not remove immunity; providing that an
   71         arbitrator or representative of an arbitration
   72         organization is not competent to testify and may not
   73         be required to produce records concerning the
   74         arbitration; providing exceptions; providing for
   75         awarding an arbitrator, arbitration organization, or
   76         representative of an arbitration organization with
   77         reasonable attorney fees and expenses of litigation
   78         under certain circumstances; amending s. 682.06, F.S.;
   79         revising provisions relating to the conduct of
   80         arbitration hearings; providing for summary
   81         disposition, notice of hearings, adjournment, and
   82         rights of a party to the arbitration proceeding;
   83         requiring appointment of a replacement arbitrator in
   84         certain circumstances; amending s. 682.07, F.S.;
   85         providing that a party to an arbitration proceeding
   86         may be represented by an attorney; amending s. 682.08,
   87         F.S.; revising provisions relating to the issuance,
   88         service, and enforcement of subpoenas; revising
   89         provisions relating to depositions; authorizing an
   90         arbitrator to permit discovery in certain
   91         circumstances; authorizing an arbitrator to order
   92         compliance with discovery; authorizing protective
   93         orders by an arbitrator; providing for applicability
   94         of laws compelling a person under subpoena to testify
   95         and all fees for attending a judicial proceeding, a
   96         deposition, or a discovery proceeding as a witness;
   97         providing for court enforcement of a subpoena or
   98         discovery-related order; providing for witness fees;
   99         creating s. 682.081, F.S.; providing for judicial
  100         enforcement of a preaward ruling by an arbitrator in
  101         certain circumstances; amending s. 682.09, F.S.;
  102         revising provisions relating to the record needed for
  103         an award; revising provisions relating to the time
  104         within which an award must be made; amending s.
  105         682.10, F.S.; revising provisions relating to
  106         requirements for a motion to modify or correct an
  107         award; amending s. 682.11, F.S.; revising provisions
  108         relating to fees and expenses of arbitration;
  109         authorizing punitive damages and other exemplary
  110         relief and remedies; amending s. 682.12, F.S.;
  111         revising provisions relating to confirmation of an
  112         award; amending s. 682.13, F.S.; revising provisions
  113         relating to grounds for vacating an award; revising
  114         provisions relating to a motion for vacating an award;
  115         providing for a rehearing in certain circumstances;
  116         amending s. 682.14, F.S.; revising provisions relating
  117         to the time for moving to modify or correct an award;
  118         deleting references to the term “umpire”; revising a
  119         provision concerning confirmation of awards; amending
  120         s. 682.15, F.S.; revising provisions relating to a
  121         court order confirming, vacating without directing a
  122         rehearing, modifying, or correcting an award;
  123         providing for award of costs and attorney fees in
  124         certain circumstances; repealing s. 682.16, F.S.,
  125         relating to judgment roll and docketing of certain
  126         orders; repealing s. 682.17, F.S., relating to
  127         application to court; repealing s. 682.18, F.S.,
  128         relating to the definition of the term “court” and
  129         jurisdiction; creating s. 682.181, F.S.; providing for
  130         jurisdiction relating to the revised code; amending s.
  131         682.19, F.S.; revising provisions relating to venue
  132         for actions relating to the code; amending s. 682.20,
  133         F.S.; providing that an appeal may be taken from an
  134         order denying confirmation of an award unless the
  135         court has entered an order under specified provisions;
  136         providing that all other orders denying confirmation
  137         of an award are final orders; repealing s. 682.21,
  138         F.S., relating to the previous code not applying
  139         retroactively; repealing s. 682.22, F.S., relating to
  140         conflict of laws; creating s. 682.23, F.S.; specifying
  141         the relationship of the code to the Electronic
  142         Signatures in Global and National Commerce Act;
  143         providing for applicability; creating s. 682.25, F.S.;
  144         providing that the revised code does not apply to any
  145         dispute involving child custody, visitation, or child
  146         support; amending s. 44.104, F.S.; deleting references
  147         to binding arbitration from provisions providing for
  148         voluntary trial resolution; providing for temporary
  149         relief; revising provisions relating to procedures in
  150         voluntary trial resolution; providing that a judgment
  151         is reviewable in the same manner as a judgment in a
  152         civil action; deleting provisions relating to
  153         applicability of the harmless error doctrine;
  154         providing limitations on the jurisdiction of a trial
  155         resolution judge; providing for the use of juries;
  156         providing for the title of a trial resolution judge
  157         and the use of judicial robes; amending s. 44.107,
  158         F.S.; providing immunity for voluntary trial
  159         resolution judges serving under specified provisions;
  160         amending ss. 440.1926, 489.1402, and 731.401, F.S.;
  161         conforming cross-references; providing a directive to
  162         the Division of Statutory Revision to redesignate the
  163         title of ch. 44, F.S., as “Alternative Dispute
  164         Resolution”; providing an effective date.
  165  
  166  Be It Enacted by the Legislature of the State of Florida:
  167  
  168         Section 1. Section 682.01, Florida Statutes, is amended to
  169  read:
  170         682.01 Short title Florida Arbitration Code.—This chapter
  171  Sections 682.01-682.22 may be cited as the “Revised Florida
  172  Arbitration Code.”
  173         Section 2. Section 682.011, Florida Statutes, is created to
  174  read:
  175         682.011 Definitions.—As used in this chapter, the term:
  176         (1) “Arbitration organization” means an association,
  177  agency, board, commission, or other entity that is neutral and
  178  initiates, sponsors, or administers an arbitration proceeding or
  179  is involved in the appointment of an arbitrator.
  180         (2) “Arbitrator” means an individual appointed to render an
  181  award, alone or with others, in a controversy that is subject to
  182  an agreement to arbitrate.
  183         (3) “Court” means a court of competent jurisdiction in this
  184  state.
  185         (4) “Knowledge” means actual knowledge.
  186         (5) “Person” means an individual, corporation, business
  187  trust, estate, trust, partnership, limited liability company,
  188  association, joint venture, or government; governmental
  189  subdivision, agency, or instrumentality; public corporation; or
  190  any other legal or commercial entity.
  191         (6) “Record” means information that is inscribed on a
  192  tangible medium or that is stored in an electronic or other
  193  medium and is retrievable in perceivable form.
  194         Section 3. Section 682.012, Florida Statutes, is created to
  195  read:
  196         682.012 Notice.—
  197         (1) Except as otherwise provided in this chapter, a person
  198  gives notice to another person by taking action that is
  199  reasonably necessary to inform the other person in ordinary
  200  course, whether or not the other person acquires knowledge of
  201  the notice.
  202         (2) A person has notice if the person has knowledge of the
  203  notice or has received notice.
  204         (3) A person receives notice when it comes to the person’s
  205  attention or the notice is delivered at the person’s place of
  206  residence or place of business, or at another location held out
  207  by the person as a place of delivery of such communications.
  208         Section 4. Section 682.013, Florida Statutes, is created to
  209  read:
  210         682.013 Applicability of revised code.—
  211         (1) The Revised Florida Arbitration Code governs an
  212  agreement to arbitrate made on or after July 1, 2012.
  213         (2) The Revised Florida Arbitration Code governs an
  214  agreement to arbitrate made before July 1, 2012, if all the
  215  parties to the agreement or to the arbitration proceeding so
  216  agree in a record. Otherwise, such agreements shall be governed
  217  by the applicable law existing at the time the parties entered
  218  into the agreement.
  219         (3) The Revised Florida Arbitration Code does not affect an
  220  action or proceeding commenced or right accrued before July 1,
  221  2012.
  222         (4) Beginning July 1, 2015, an agreement to arbitrate shall
  223  be subject to the then applicable law governing agreements to
  224  arbitrate.
  225         Section 5. Section 682.014, Florida Statutes, is created to
  226  read:
  227         682.014 Effect of agreement to arbitrate; nonwaivable
  228  provisions.—
  229         (1) Except as otherwise provided in subsections (2) and
  230  (3), a party to an agreement to arbitrate or to an arbitration
  231  proceeding may waive, or the parties may vary the effect of, the
  232  requirements of this chapter to the extent permitted by law.
  233         (2) Before a controversy arises that is subject to an
  234  agreement to arbitrate, a party to the agreement may not:
  235         (a) Waive or agree to vary the effect of the requirements
  236  of:
  237         1. Commencing a petition for judicial relief under s.
  238  682.015(1);
  239         2. Making agreements to arbitrate valid, enforceable, and
  240  irrevocable under s. 682.02(1);
  241         3. Permitting provisional remedies under s. 682.031;
  242         4. Conferring authority on arbitrators to issue subpoenas
  243  and permit depositions under s. 682.08(1) or (2);
  244         5. Conferring jurisdiction under s. 682.181; or
  245         6. Stating the bases for appeal under s. 682.20;
  246         (b) Agree to unreasonably restrict the right under s.
  247  682.032 to notice of the initiation of an arbitration
  248  proceeding;
  249         (c) Agree to unreasonably restrict the right under s.
  250  682.041 to disclosure of any facts by a neutral arbitrator; or
  251         (d) Waive the right under s. 682.07 of a party to an
  252  agreement to arbitrate to be represented by an attorney at any
  253  proceeding or hearing under this chapter, but an employer and a
  254  labor organization may waive the right to representation by an
  255  attorney in a labor arbitration.
  256         (3) A party to an agreement to arbitrate or arbitration
  257  proceeding may not waive, or the parties may not vary the effect
  258  of, the requirements in this section or:
  259         (a) The applicability of this chapter, the Revised Florida
  260  Arbitration Code under s. 682.013(1) or (4);
  261         (b) The availability of proceedings to compel or stay
  262  arbitration under s. 682.03;
  263         (c) The immunity conferred on arbitrators and arbitration
  264  organizations under s. 682.051;
  265         (d) A party’s right to seek judicial enforcement of an
  266  arbitration preaward ruling under s. 682.081;
  267         (e) The authority conferred on an arbitrator to change an
  268  award under s. 682.10(4) or (5);
  269         (f) The remedies provided under s. 682.12;
  270         (g) The grounds for vacating an arbitration award under s.
  271  682.13;
  272         (h)The grounds for modifying an arbitration award under s.
  273  682.14;
  274         (i) The validity and enforceability of a judgment or decree
  275  based on an award under s. 682.15(1) or (2);
  276         (j) The validity of the Electronic Signatures in Global and
  277  National Commerce Act under s. 682.23; or
  278         (k) The excluded disputes involving child custody,
  279  visitation, or child support under s. 682.25.
  280         Section 6. Section 682.015, Florida Statutes, is created to
  281  read:
  282         682.015 Petition for judicial relief.—
  283         (1) Except as otherwise provided in s. 682.20, a petition
  284  for judicial relief under this chapter must be made to the court
  285  and heard in the manner provided by law or rule of court for
  286  making and hearing motions.
  287         (2) Unless a civil action involving the agreement to
  288  arbitrate is pending, notice of an initial petition to the court
  289  under this chapter must be served in the manner provided by law
  290  for the service of a summons in a civil action. Otherwise,
  291  notice of the motion must be given in the manner provided by law
  292  or rule of court for serving motions in pending cases.
  293         Section 7. Section 682.02, Florida Statutes, is amended to
  294  read:
  295         682.02 Arbitration agreements made valid, irrevocable, and
  296  enforceable; scope.—
  297         (1) An agreement contained in a record to submit to
  298  arbitration any existing or subsequent controversy arising
  299  between the parties to the agreement is valid, enforceable, and
  300  irrevocable except upon a ground that exists at law or in equity
  301  for the revocation of a contract.
  302         (2) The court shall decide whether an agreement to
  303  arbitrate exists or a controversy is subject to an agreement to
  304  arbitrate.
  305         (3) An arbitrator shall decide whether a condition
  306  precedent to arbitrability has been fulfilled and whether a
  307  contract containing a valid agreement to arbitrate is
  308  enforceable.
  309         (4) If a party to a judicial proceeding challenges the
  310  existence of, or claims that a controversy is not subject to, an
  311  agreement to arbitrate, the arbitration proceeding may continue
  312  pending final resolution of the issue by the court, unless the
  313  court otherwise orders.
  314         (5)Two or more parties may agree in writing to submit to
  315  arbitration any controversy existing between them at the time of
  316  the agreement, or they may include in a written contract a
  317  provision for the settlement by arbitration of any controversy
  318  thereafter arising between them relating to such contract or the
  319  failure or refusal to perform the whole or any part thereof.
  320  This section also applies to written interlocal agreements under
  321  ss. 163.01 and 373.713 in which two or more parties agree to
  322  submit to arbitration any controversy between them concerning
  323  water use permit motions applications and other matters,
  324  regardless of whether or not the water management district with
  325  jurisdiction over the subject motion application is a party to
  326  the interlocal agreement or a participant in the arbitration.
  327  Such agreement or provision shall be valid, enforceable, and
  328  irrevocable without regard to the justiciable character of the
  329  controversy; provided that this act shall not apply to any such
  330  agreement or provision to arbitrate in which it is stipulated
  331  that this law shall not apply or to any arbitration or award
  332  thereunder.
  333         Section 8. Section 682.03, Florida Statutes, is amended to
  334  read:
  335         682.03 Proceedings to compel and to stay arbitration.—
  336         (1) On motion of a person showing an agreement to arbitrate
  337  and alleging another person’s refusal to arbitrate pursuant to
  338  the agreement:
  339         (a) If the refusing party does not appear or does not
  340  oppose the motion, the court shall order the parties to
  341  arbitrate.
  342         (b) If the refusing party opposes the motion, the court
  343  shall proceed summarily to decide the issue and order the
  344  parties to arbitrate unless it finds that there is no
  345  enforceable agreement to arbitrate. A party to an agreement or
  346  provision for arbitration subject to this law claiming the
  347  neglect or refusal of another party thereto to comply therewith
  348  may make application to the court for an order directing the
  349  parties to proceed with arbitration in accordance with the terms
  350  thereof. If the court is satisfied that no substantial issue
  351  exists as to the making of the agreement or provision, it shall
  352  grant the application. If the court shall find that a
  353  substantial issue is raised as to the making of the agreement or
  354  provision, it shall summarily hear and determine the issue and,
  355  according to its determination, shall grant or deny the
  356  application.
  357         (2) On motion of a person alleging that an arbitration
  358  proceeding has been initiated or threatened but that there is no
  359  agreement to arbitrate, the court shall proceed summarily to
  360  decide the issue. If the court finds that there is an
  361  enforceable agreement to arbitrate, it shall order the parties
  362  to arbitrate. If an issue referable to arbitration under an
  363  agreement or provision for arbitration subject to this law
  364  becomes involved in an action or proceeding pending in a court
  365  having jurisdiction to hear an application under subsection (1),
  366  such application shall be made in said court. Otherwise and
  367  subject to s. 682.19, such application may be made in any court
  368  of competent jurisdiction.
  369         (3) If the court finds that there is no enforceable
  370  agreement to arbitrate, it may not order the parties to
  371  arbitrate pursuant to subsection (1) or subsection (2). Any
  372  action or proceeding involving an issue subject to arbitration
  373  under this law shall be stayed if an order for arbitration or an
  374  application therefor has been made under this section or, if the
  375  issue is severable, the stay may be with respect thereto only.
  376  When the application is made in such action or proceeding, the
  377  order for arbitration shall include such stay.
  378         (4) The court may not refuse to order arbitration because
  379  the claim subject to arbitration lacks merit or grounds for the
  380  claim have not been established. On application the court may
  381  stay an arbitration proceeding commenced or about to be
  382  commenced, if it shall find that no agreement or provision for
  383  arbitration subject to this law exists between the party making
  384  the application and the party causing the arbitration to be had.
  385  The court shall summarily hear and determine the issue of the
  386  making of the agreement or provision and, according to its
  387  determination, shall grant or deny the application.
  388         (5) If a proceeding involving a claim referable to
  389  arbitration under an alleged agreement to arbitrate is pending
  390  in court, a motion under this section must be made in that
  391  court. Otherwise, a motion under this section may be made in any
  392  court as provided in s. 682.19. An order for arbitration shall
  393  not be refused on the ground that the claim in issue lacks merit
  394  or bona fides or because any fault or grounds for the claim
  395  sought to be arbitrated have not been shown.
  396         (6) If a party makes a motion to the court to order
  397  arbitration, the court on just terms shall stay any judicial
  398  proceeding that involves a claim alleged to be subject to the
  399  arbitration until the court renders a final decision under this
  400  section.
  401         (7) If the court orders arbitration, the court on just
  402  terms shall stay any judicial proceeding that involves a claim
  403  subject to the arbitration. If a claim subject to the
  404  arbitration is severable, the court may limit the stay to that
  405  claim.
  406         Section 9. Section 682.031, Florida Statutes, is created to
  407  read:
  408         682.031 Provisional remedies.—
  409         (1) Before an arbitrator is appointed and is authorized and
  410  able to act, the court, upon motion of a party to an arbitration
  411  proceeding and for good cause shown, may enter an order for
  412  provisional remedies to protect the effectiveness of the
  413  arbitration proceeding to the same extent and under the same
  414  conditions as if the controversy were the subject of a civil
  415  action.
  416         (2) After an arbitrator is appointed and is authorized and
  417  able to act:
  418         (a) The arbitrator may issue such orders for provisional
  419  remedies, including interim awards, as the arbitrator finds
  420  necessary to protect the effectiveness of the arbitration
  421  proceeding and to promote the fair and expeditious resolution of
  422  the controversy, to the same extent and under the same
  423  conditions as if the controversy were the subject of a civil
  424  action.
  425         (b) A party to an arbitration proceeding may move the court
  426  for a provisional remedy only if the matter is urgent and the
  427  arbitrator is not able to act timely or the arbitrator cannot
  428  provide an adequate remedy.
  429         (3) A party does not waive a right of arbitration by making
  430  a motion under this section.
  431         Section 10. Section 682.032, Florida Statutes, is created
  432  to read:
  433         682.032 Initiation of arbitration.—
  434         (1) A person initiates an arbitration proceeding by giving
  435  notice in a record to the other parties to the agreement to
  436  arbitrate in the agreed manner between the parties or, in the
  437  absence of agreement, by certified or registered mail, return
  438  receipt requested and obtained, or by service as authorized for
  439  the commencement of a civil action. The notice must describe the
  440  nature of the controversy and the remedy sought.
  441         (2) Unless a person objects for lack or insufficiency of
  442  notice under s. 682.06(3) not later than the beginning of the
  443  arbitration hearing, the person by appearing at the hearing
  444  waives any objection to lack of or insufficiency of notice.
  445         Section 11. Section 682.033, Florida Statutes, is created
  446  to read:
  447         682.033 Consolidation of separate arbitration proceedings.—
  448         (1) Except as otherwise provided in subsection (3), upon
  449  motion of a party to an agreement to arbitrate or to an
  450  arbitration proceeding, the court may order consolidation of
  451  separate arbitration proceedings as to all or some of the claims
  452  if:
  453         (a) There are separate agreements to arbitrate or separate
  454  arbitration proceedings between the same persons or one of them
  455  is a party to a separate agreement to arbitrate or a separate
  456  arbitration proceeding with a third person;
  457         (b) The claims subject to the agreements to arbitrate arise
  458  in substantial part from the same transaction or series of
  459  related transactions;
  460         (c) The existence of a common issue of law or fact creates
  461  the possibility of conflicting decisions in the separate
  462  arbitration proceedings; and
  463         (d) Prejudice resulting from a failure to consolidate is
  464  not outweighed by the risk of undue delay or prejudice to the
  465  rights of or hardship to parties opposing consolidation.
  466         (2) The court may order consolidation of separate
  467  arbitration proceedings as to some claims and allow other claims
  468  to be resolved in separate arbitration proceedings.
  469         (3) The court may not order consolidation of the claims of
  470  a party to an agreement to arbitrate if the agreement prohibits
  471  consolidation.
  472         Section 12. Section 682.04, Florida Statutes, is amended to
  473  read:
  474         682.04 Appointment of arbitrators by court.—
  475         (1) If the parties to an agreement to arbitrate agree on or
  476  provision for arbitration subject to this law provides a method
  477  for appointing the appointment of arbitrators or an umpire, this
  478  method must shall be followed, unless the method fails.
  479         (2) The court, on application of a party to an arbitration
  480  agreement, shall appoint one or more arbitrators, if:
  481         (a) The parties have not agreed on a method;
  482         (b) The agreed method fails;
  483         (c) One or more of the parties failed to respond to the
  484  demand for arbitration; or
  485         (d) An arbitrator fails to act and a successor has not been
  486  appointed.
  487         (3)In the absence thereof, or if the agreed method fails
  488  or for any reason cannot be followed, or if an arbitrator or
  489  umpire who has been appointed fails to act and his or her
  490  successor has not been duly appointed, the court, on application
  491  of a party to such agreement or provision shall appoint one or
  492  more arbitrators or an umpire. An arbitrator or umpire so
  493  appointed has all the shall have like powers of an arbitrator
  494  designated as if named or provided for in the agreement to
  495  arbitrate appointed pursuant to the agreed method or provision.
  496         (4) An individual who has a known, direct, and material
  497  interest in the outcome of the arbitration proceeding or a
  498  known, existing, and substantial relationship with a party may
  499  not serve as an arbitrator required by an agreement to be
  500  neutral.
  501         Section 13. Section 682.041, Florida Statutes, is created
  502  to read:
  503         682.041 Disclosure by arbitrator.—
  504         (1) Before accepting appointment, an individual who is
  505  requested to serve as an arbitrator, after making a reasonable
  506  inquiry, shall disclose to all parties to the agreement to
  507  arbitrate and arbitration proceeding and to any other
  508  arbitrators any known facts that a reasonable person would
  509  consider likely to affect the person’s impartiality as an
  510  arbitrator in the arbitration proceeding, including:
  511         (a) A financial or personal interest in the outcome of the
  512  arbitration proceeding.
  513         (b) An existing or past relationship with any of the
  514  parties to the agreement to arbitrate or the arbitration
  515  proceeding, their counsel or representative, a witness, or
  516  another arbitrator.
  517         (2) An arbitrator has a continuing obligation to disclose
  518  to all parties to the agreement to arbitrate and arbitration
  519  proceeding and to any other arbitrators any facts that the
  520  arbitrator learns after accepting appointment that a reasonable
  521  person would consider likely to affect the impartiality of the
  522  arbitrator.
  523         (3) If an arbitrator discloses a fact required by
  524  subsection (1) or subsection (2) to be disclosed and a party
  525  timely objects to the appointment or continued service of the
  526  arbitrator based upon the fact disclosed, the objection may be a
  527  ground under s. 682.13(1)(b) for vacating an award made by the
  528  arbitrator.
  529         (4) If the arbitrator did not disclose a fact as required
  530  by subsection (1) or subsection (2), upon timely objection by a
  531  party, the court may vacate an award under s. 682.13(1)(b).
  532         (5) An arbitrator appointed as a neutral arbitrator who
  533  does not disclose a known, direct, and material interest in the
  534  outcome of the arbitration proceeding or a known, existing, and
  535  substantial relationship with a party is presumed to act with
  536  evident partiality under s. 682.13(1)(b).
  537         (6) If the parties to an arbitration proceeding agree to
  538  the procedures of an arbitration organization or any other
  539  procedures for challenges to arbitrators before an award is
  540  made, substantial compliance with those procedures is a
  541  condition precedent to a motion to vacate an award on that
  542  ground under s. 682.13(1)(b).
  543         Section 14. Section 682.05, Florida Statutes, is amended to
  544  read:
  545         682.05 Majority action by arbitrators.—If there is more
  546  than one arbitrator, the powers of an arbitrator must be
  547  exercised by a majority of the arbitrators, but all of the
  548  arbitrators shall conduct the hearing under s. 682.06(3). The
  549  powers of the arbitrators may be exercised by a majority of
  550  their number unless otherwise provided in the agreement or
  551  provision for arbitration.
  552         Section 15. Section 682.051, Florida Statutes, is created
  553  to read:
  554         682.051 Immunity of arbitrator; competency to testify;
  555  attorney fees and costs.—
  556         (1) An arbitrator or an arbitration organization acting in
  557  that capacity is immune from civil liability to the same extent
  558  as a judge of a court of this state acting in a judicial
  559  capacity.
  560         (2) The immunity afforded under this section supplements
  561  any immunity under other law.
  562         (3) The failure of an arbitrator to make a disclosure
  563  required by s. 682.041 does not cause any loss of immunity under
  564  this section.
  565         (4) In a judicial, administrative, or similar proceeding,
  566  an arbitrator or representative of an arbitration organization
  567  is not competent to testify, and may not be required to produce
  568  records as to any statement, conduct, decision, or ruling
  569  occurring during the arbitration proceeding, to the same extent
  570  as a judge of a court of this state acting in a judicial
  571  capacity. This subsection does not apply:
  572         (a) To the extent necessary to determine the claim of an
  573  arbitrator, arbitration organization, or representative of the
  574  arbitration organization against a party to the arbitration
  575  proceeding; or
  576         (b) To a hearing on a motion to vacate an award under s.
  577  682.13(1)(a) or (b) if the movant establishes prima facie that a
  578  ground for vacating the award exists.
  579         (5) If a person commences a civil action against an
  580  arbitrator, arbitration organization, or representative of an
  581  arbitration organization arising from the services of the
  582  arbitrator, organization, or representative or if a person seeks
  583  to compel an arbitrator or a representative of an arbitration
  584  organization to testify or produce records in violation of
  585  subsection (4), and the court decides that the arbitrator,
  586  arbitration organization, or representative of an arbitration
  587  organization is immune from civil liability or that the
  588  arbitrator or representative of the organization is not
  589  competent to testify, the court shall award to the arbitrator,
  590  organization, or representative reasonable attorney fees and
  591  other reasonable expenses of litigation.
  592         Section 16. Section 682.06, Florida Statutes, is amended to
  593  read:
  594         682.06 Hearing.—
  595         (1) An arbitrator may conduct an arbitration in such manner
  596  as the arbitrator considers appropriate for a fair and
  597  expeditious disposition of the proceeding. The arbitrator’s
  598  authority includes the power to hold conferences with the
  599  parties to the arbitration proceeding before the hearing and,
  600  among other matters, determine the admissibility, relevance,
  601  materiality, and weight of any evidence. Unless otherwise
  602  provided by the agreement or provision for arbitration:
  603         (1)(a) The arbitrators shall appoint a time and place for
  604  the hearing and cause notification to the parties to be served
  605  personally or by registered or certified mail not less than 5
  606  days before the hearing. Appearance at the hearing waives a
  607  party’s right to such notice. The arbitrators may adjourn their
  608  hearing from time to time upon their own motion and shall do so
  609  upon the request of any party to the arbitration for good cause
  610  shown, provided that no adjournment or postponement of their
  611  hearing shall extend beyond the date fixed in the agreement or
  612  provision for making the award unless the parties consent to a
  613  later date. An umpire authorized to hear and decide the cause
  614  upon failure of the arbitrators to agree upon an award shall, in
  615  the course of his or her jurisdiction, have like powers and be
  616  subject to like limitations thereon.
  617         (b) The arbitrators, or umpire in the course of his or her
  618  jurisdiction, may hear and decide the controversy upon the
  619  evidence produced notwithstanding the failure or refusal of a
  620  party duly notified of the time and place of the hearing to
  621  appear. The court on application may direct the arbitrators, or
  622  the umpire in the course of his or her jurisdiction, to proceed
  623  promptly with the hearing and making of the award.
  624         (2) An arbitrator may decide a request for summary
  625  disposition of a claim or particular issue:
  626         (a) If all interested parties agree; or
  627         (b) Upon request of one party to the arbitration
  628  proceeding, if that party gives notice to all other parties to
  629  the proceeding and the other parties have a reasonable
  630  opportunity to respond. The parties are entitled to be heard, to
  631  present evidence material to the controversy and to cross
  632  examine witnesses appearing at the hearing.
  633         (3) If an arbitrator orders a hearing, the arbitrator shall
  634  set a time and place and give notice of the hearing not less
  635  than 5 days before the hearing begins. Unless a party to the
  636  arbitration proceeding makes an objection to lack or
  637  insufficiency of notice not later than the beginning of the
  638  hearing, the party’s appearance at the hearing waives the
  639  objection. Upon request of a party to the arbitration proceeding
  640  and for good cause shown, or upon the arbitrator’s own
  641  initiative, the arbitrator may adjourn the hearing from time to
  642  time as necessary but may not postpone the hearing to a time
  643  later than that fixed by the agreement to arbitrate for making
  644  the award unless the parties to the arbitration proceeding
  645  consent to a later date. The arbitrator may hear and decide the
  646  controversy upon the evidence produced although a party who was
  647  duly notified of the arbitration proceeding did not appear. The
  648  court, on request, may direct the arbitrator to conduct the
  649  hearing promptly and render a timely decision. The hearing shall
  650  be conducted by all of the arbitrators but a majority may
  651  determine any question and render a final award. An umpire
  652  authorized to hear and decide the cause upon the failure of the
  653  arbitrators to agree upon an award shall sit with the
  654  arbitrators throughout their hearing but shall not be counted as
  655  a part of their quorum or in the making of their award. If,
  656  during the course of the hearing, an arbitrator for any reason
  657  ceases to act, the remaining arbitrator, arbitrators or umpire
  658  appointed to act as neutrals may continue with the hearing and
  659  determination of the controversy.
  660         (4) At a hearing under subsection (3), a party to the
  661  arbitration proceeding has a right to be heard, to present
  662  evidence material to the controversy, and to cross-examine
  663  witnesses appearing at the hearing.
  664         (5) If an arbitrator ceases or is unable to act during the
  665  arbitration proceeding, a replacement arbitrator must be
  666  appointed in accordance with s. 682.04 to continue the
  667  proceeding and to resolve the controversy.
  668         Section 17. Section 682.07, Florida Statutes, is amended to
  669  read:
  670         682.07 Representation by attorney.—A party to an
  671  arbitration proceeding may has the right to be represented by an
  672  attorney at any arbitration proceeding or hearing under this
  673  law. A waiver thereof prior to the proceeding or hearing is
  674  ineffective.
  675         Section 18. Section 682.08, Florida Statutes, is amended to
  676  read:
  677         682.08 Witnesses, subpoenas, depositions.—
  678         (1) An arbitrator may issue a subpoena for the attendance
  679  of a witness and for the production of records and other
  680  evidence at any hearing and may administer oaths. A subpoena
  681  must be served in the manner for service of subpoenas in a civil
  682  action and, upon motion to the court by a party to the
  683  arbitration proceeding or the arbitrator, enforced in the manner
  684  for enforcement of subpoenas in a civil action. Arbitrators, or
  685  an umpire authorized to hear and decide the cause upon failure
  686  of the arbitrators to agree upon an award, in the course of her
  687  or his jurisdiction, may issue subpoenas for the attendance of
  688  witnesses and for the production of books, records, documents
  689  and other evidence, and shall have the power to administer
  690  oaths. Subpoenas so issued shall be served, and upon application
  691  to the court by a party to the arbitration or the arbitrators,
  692  or the umpire, enforced in the manner provided by law for the
  693  service and enforcement of subpoenas in a civil action.
  694         (2) In order to make the proceedings fair, expeditious, and
  695  cost effective, upon request of a party to, or a witness in, an
  696  arbitration proceeding, an arbitrator may permit a deposition of
  697  any witness to be taken for use as evidence at the hearing,
  698  including a witness who cannot be subpoenaed for or is unable to
  699  attend a hearing. The arbitrator shall determine the conditions
  700  under which the deposition is taken. On application of a party
  701  to the arbitration and for use as evidence, the arbitrators, or
  702  the umpire in the course of her or his jurisdiction, may permit
  703  a deposition to be taken, in the manner and upon the terms
  704  designated by them or her or him of a witness who cannot be
  705  subpoenaed or is unable to attend the hearing.
  706         (3) An arbitrator may permit such discovery as the
  707  arbitrator decides is appropriate in the circumstances, taking
  708  into account the needs of the parties to the arbitration
  709  proceeding and other affected persons and the desirability of
  710  making the proceeding fair, expeditious, and cost effective. All
  711  provisions of law compelling a person under subpoena to testify
  712  are applicable.
  713         (4) If an arbitrator permits discovery under subsection
  714  (3), the arbitrator may order a party to the arbitration
  715  proceeding to comply with the arbitrator’s discovery-related
  716  orders, issue subpoenas for the attendance of a witness and for
  717  the production of records and other evidence at a discovery
  718  proceeding, and take action against a noncomplying party to the
  719  extent a court could if the controversy were the subject of a
  720  civil action in this state.
  721         (5) An arbitrator may issue a protective order to prevent
  722  the disclosure of privileged information, confidential
  723  information, trade secrets, and other information protected from
  724  disclosure to the extent a court could if the controversy were
  725  the subject of a civil action in this state.
  726         (6) All laws compelling a person under subpoena to testify
  727  and all fees for attending a judicial proceeding, a deposition,
  728  or a discovery proceeding as a witness apply to an arbitration
  729  proceeding as if the controversy were the subject of a civil
  730  action in this state.
  731         (7) The court may enforce a subpoena or discovery-related
  732  order for the attendance of a witness within this state and for
  733  the production of records and other evidence issued by an
  734  arbitrator in connection with an arbitration proceeding in
  735  another state upon conditions determined by the court so as to
  736  make the arbitration proceeding fair, expeditious, and cost
  737  effective. A subpoena or discovery-related order issued by an
  738  arbitrator in another state must be served in the manner
  739  provided by law for service of subpoenas in a civil action in
  740  this state and, upon motion to the court by a party to the
  741  arbitration proceeding or the arbitrator, enforced in the manner
  742  provided by law for enforcement of subpoenas in a civil action
  743  in this state.
  744         (8)(4) Fees for attendance as a witness shall be the same
  745  as for a witness in the circuit court.
  746         Section 19. Section 682.081, Florida Statutes, is created
  747  to read:
  748         682.081 Judicial enforcement of preaward ruling by
  749  arbitrator.—If an arbitrator makes a preaward ruling in favor of
  750  a party to the arbitration proceeding, the party may request
  751  that the arbitrator incorporate the ruling into an award under
  752  s. 682.12. A prevailing party may make a motion to the court for
  753  an expedited order to confirm the award under s. 682.12, in
  754  which case the court shall summarily decide the motion. The
  755  court shall issue an order to confirm the award unless the court
  756  vacates, modifies, or corrects the award under s. 682.13 or s.
  757  682.14.
  758         Section 20. Section 682.09, Florida Statutes, is amended to
  759  read:
  760         682.09 Award.—
  761         (1) An arbitrator shall make a record of an award. The
  762  record must be signed or otherwise authenticated by any
  763  arbitrator who concurs with the award. The arbitrator or the
  764  arbitration organization shall give notice of the award,
  765  including a copy of the award, to each party to the arbitration
  766  proceeding. The award shall be in writing and shall be signed by
  767  the arbitrators joining in the award or by the umpire in the
  768  course of his or her jurisdiction. They or he or she shall
  769  deliver a copy to each party to the arbitration either
  770  personally or by registered or certified mail, or as provided in
  771  the agreement or provision.
  772         (2) An award must be made within the time specified by the
  773  agreement to arbitrate or, if not specified therein, within the
  774  time ordered by the court. The court may extend, or the parties
  775  to the arbitration proceeding may agree in a record to extend,
  776  the time. The court or the parties may do so within or after the
  777  time specified or ordered. A party waives any objection that an
  778  award was not timely made unless the party gives notice of the
  779  objection to the arbitrator before receiving notice of the
  780  award. An award shall be made within the time fixed therefor by
  781  the agreement or provision for arbitration or, if not so fixed,
  782  within such time as the court may order on application of a
  783  party to the arbitration. The parties may, by written agreement,
  784  extend the time either before or after the expiration thereof.
  785  Any objection that an award was not made within the time
  786  required is waived unless the objecting party notifies the
  787  arbitrators or umpire in writing of his or her objection prior
  788  to the delivery of the award to him or her.
  789         Section 21. Section 682.10, Florida Statutes, is amended to
  790  read:
  791         682.10 Change of award by arbitrators or umpire.—
  792         (1) On motion to an arbitrator by a party to an arbitration
  793  proceeding, the arbitrator may modify or correct an award:
  794         (a) Upon a ground stated in s. 682.14(1)(a) or (c);
  795         (b) Because the arbitrator has not made a final and
  796  definite award upon a claim submitted by the parties to the
  797  arbitration proceeding; or
  798         (c) To clarify the award.
  799         (2) A motion under subsection (1) must be made and notice
  800  given to all parties within 20 days after the movant receives
  801  notice of the award.
  802         (3) A party to the arbitration proceeding must give notice
  803  of any objection to the motion within 10 days after receipt of
  804  the notice.
  805         (4) If a motion to the court is pending under s. 682.12, s.
  806  682.13, or s. 682.14, the court may submit the claim to the
  807  arbitrator to consider whether to modify or correct the award:
  808         (a) Upon a ground stated in s. 682.14(1)(a) or (c);
  809         (b) Because the arbitrator has not made a final and
  810  definite award upon a claim submitted by the parties to the
  811  arbitration proceeding; or
  812         (c) To clarify the award.
  813         (5) An award modified or corrected pursuant to this section
  814  is subject to ss. 682.09(1), 682.12, 682.13, and 682.14. On
  815  application of a party to the arbitration, or if an application
  816  to the court is pending under s. 682.12, s. 682.13 or s. 682.14,
  817  on submission to the arbitrators, or to the umpire in the case
  818  of an umpire’s award, by the court under such conditions as the
  819  court may order, the arbitrators or umpire may modify or correct
  820  the award upon the grounds stated in s. 682.14(1)(a) and (c) or
  821  for the purpose of clarifying the award. The application shall
  822  be made within 20 days after delivery of the award to the
  823  applicant. Written notice thereof shall be given forthwith to
  824  the other party to the arbitration, stating that he or she must
  825  serve his or her objections thereto, if any, within 10 days from
  826  the notice. The award so modified or corrected is subject to the
  827  provisions of ss. 682.12-682.14.
  828         Section 22. Section 682.11, Florida Statutes, is amended to
  829  read:
  830         682.11 Remedies; fees and expenses of arbitration
  831  proceeding.—
  832         (1) An arbitrator may award punitive damages or other
  833  exemplary relief if such an award is authorized by law in a
  834  civil action involving the same claim and the evidence produced
  835  at the hearing justifies the award under the legal standards
  836  otherwise applicable to the claim.
  837         (2) An arbitrator may award reasonable attorney fees and
  838  other reasonable expenses of arbitration if such an award is
  839  authorized by law in a civil action involving the same claim or
  840  by the agreement of the parties to the arbitration proceeding.
  841         (3) As to all remedies other than those authorized by
  842  subsections (1) and (2), an arbitrator may order such remedies
  843  as the arbitrator considers just and appropriate under the
  844  circumstances of the arbitration proceeding. The fact that such
  845  a remedy could not or would not be granted by the court is not a
  846  ground for refusing to confirm an award under s. 682.12 or for
  847  vacating an award under s. 682.13.
  848         (4) An arbitrator’s expenses and fees, together with other
  849  expenses, must be paid as provided in the award.
  850         (5) If an arbitrator awards punitive damages or other
  851  exemplary relief under subsection (1), the arbitrator shall
  852  specify in the award the basis in fact justifying and the basis
  853  in law authorizing the award and state separately the amount of
  854  the punitive damages or other exemplary relief. Unless otherwise
  855  provided in the agreement or provision for arbitration, the
  856  arbitrators’ and umpire’s expenses and fees, together with other
  857  expenses, not including counsel fees, incurred in the conduct of
  858  the arbitration, shall be paid as provided in the award.
  859         Section 23. Section 682.12, Florida Statutes, is amended to
  860  read:
  861         682.12 Confirmation of an award.—After a party to an
  862  arbitration proceeding receives notice of an award, the party
  863  may make a motion to the court for an order confirming the award
  864  at which time the court shall issue a confirming order unless
  865  the award is modified or corrected pursuant to s. 682.10 or s.
  866  682.14 or is vacated pursuant to s. 682.13. Upon application of
  867  a party to the arbitration, the court shall confirm an award,
  868  unless within the time limits hereinafter imposed grounds are
  869  urged for vacating or modifying or correcting the award, in
  870  which case the court shall proceed as provided in ss. 682.13 and
  871  682.14.
  872         Section 24. Section 682.13, Florida Statutes, is amended to
  873  read:
  874         682.13 Vacating an award.—
  875         (1) Upon motion application of a party to an arbitration
  876  proceeding, the court shall vacate an arbitration award if when:
  877         (a) The award was procured by corruption, fraud, or other
  878  undue means;.
  879         (b) There was:
  880         1. Evident partiality by an arbitrator appointed as a
  881  neutral arbitrator;
  882         2. Corruption by an arbitrator; or
  883         3. Misconduct by an arbitrator prejudicing the rights of a
  884  party to the arbitration proceeding; or corruption in any of the
  885  arbitrators or umpire or misconduct prejudicing the rights of
  886  any party.
  887         (c) An arbitrator refused to postpone the hearing upon
  888  showing of sufficient cause for postponement, refused to
  889  consider evidence material to the controversy, or otherwise
  890  conducted the hearing contrary to s. 682.06, so as to prejudice
  891  substantially the rights of a party to the arbitration
  892  proceeding; The arbitrators or the umpire in the course of her
  893  or his jurisdiction exceeded their powers.
  894         (d) An arbitrator exceeded the arbitrator’s powers; The
  895  arbitrators or the umpire in the course of her or his
  896  jurisdiction refused to postpone the hearing upon sufficient
  897  cause being shown therefor or refused to hear evidence material
  898  to the controversy or otherwise so conducted the hearing,
  899  contrary to the provisions of s. 682.06, as to prejudice
  900  substantially the rights of a party.
  901         (e) There was no agreement to arbitrate, unless the person
  902  participated in the arbitration proceeding without raising the
  903  objection under s. 682.06(3) not later than the beginning of the
  904  arbitration hearing; or There was no agreement or provision for
  905  arbitration subject to this law, unless the matter was
  906  determined in proceedings under s. 682.03 and unless the party
  907  participated in the arbitration hearing without raising the
  908  objection.
  909         (f) The arbitration was conducted without proper notice of
  910  the initiation of an arbitration as required in s. 682.032 so as
  911  to prejudice substantially the rights of a party to the
  912  arbitration proceeding.
  913  
  914  But the fact that the relief was such that it could not or would
  915  not be granted by a court of law or equity is not ground for
  916  vacating or refusing to confirm the award.
  917         (2) A motion under this section must be filed within 90
  918  days after the movant receives notice of the award pursuant to
  919  s. 682.09 or within 90 days after the movant receives notice of
  920  a modified or corrected award pursuant to s. 682.10, unless the
  921  movant alleges that the award was procured by corruption, fraud,
  922  or other undue means, in which case the motion must be made
  923  within 90 days after the ground is known or by the exercise of
  924  reasonable care would have been known by the movant. An
  925  application under this section shall be made within 90 days
  926  after delivery of a copy of the award to the applicant, except
  927  that, if predicated upon corruption, fraud or other undue means,
  928  it shall be made within 90 days after such grounds are known or
  929  should have been known.
  930         (3) If the court vacates an award on a ground other than
  931  that set forth in paragraph (1)(e), it may order a rehearing. If
  932  the award is vacated on a ground stated in paragraph (1)(a) or
  933  paragraph (1)(b), the rehearing must be before a new arbitrator.
  934  If the award is vacated on a ground stated in paragraph (1)(c),
  935  paragraph (1)(d), or paragraph (1)(f), the rehearing may be
  936  before the arbitrator who made the award or the arbitrator’s
  937  successor. The arbitrator must render the decision in the
  938  rehearing within the same time as that provided in s. 682.09(2)
  939  for an award. In vacating the award on grounds other than those
  940  stated in paragraph (1)(e), the court may order a rehearing
  941  before new arbitrators chosen as provided in the agreement or
  942  provision for arbitration or by the court in accordance with s.
  943  682.04, or, if the award is vacated on grounds set forth in
  944  paragraphs (1)(c) and (d), the court may order a rehearing
  945  before the arbitrators or umpire who made the award or their
  946  successors appointed in accordance with s. 682.04. The time
  947  within which the agreement or provision for arbitration requires
  948  the award to be made is applicable to the rehearing and
  949  commences from the date of the order therefor.
  950         (4) If a motion the application to vacate is denied and no
  951  motion to modify or correct the award is pending, the court
  952  shall confirm the award.
  953         Section 25. Section 682.14, Florida Statutes, is amended to
  954  read:
  955         682.14 Modification or correction of award.—
  956         (1) Upon motion made within 90 days after the movant
  957  receives notice of the award pursuant to s. 682.09 or within 90
  958  days after the movant receives notice of a modified or corrected
  959  award pursuant to s. 682.10, the court shall modify or correct
  960  the award if Upon application made within 90 days after delivery
  961  of a copy of the award to the applicant, the court shall modify
  962  or correct the award when:
  963         (a) There is an evident miscalculation of figures or an
  964  evident mistake in the description of any person, thing, or
  965  property referred to in the award.
  966         (b) The arbitrators or umpire have awarded upon a matter
  967  not submitted in the arbitration to them or him or her and the
  968  award may be corrected without affecting the merits of the
  969  decision upon the issues submitted.
  970         (c) The award is imperfect as a matter of form, not
  971  affecting the merits of the controversy.
  972         (2) If the application is granted, the court shall modify
  973  and correct the award so as to effect its intent and shall
  974  confirm the award as so modified and corrected. Otherwise,
  975  unless a motion to vacate the award under s. 682.13 is pending,
  976  the court shall confirm the award as made.
  977         (3) An application to modify or correct an award may be
  978  joined in the alternative with an application to vacate the
  979  award under s. 682.13.
  980         Section 26. Section 682.15, Florida Statutes, is amended to
  981  read:
  982         682.15 Judgment or decree on award.—
  983         (1) Upon granting an order confirming, vacating without
  984  directing a rehearing, modifying, or correcting an award, the
  985  court shall enter a judgment in conformity therewith. The
  986  judgment may be recorded, docketed, and enforced as any other
  987  judgment in a civil action.
  988         (2) A court may allow reasonable costs of the motion and
  989  subsequent judicial proceedings.
  990         (3) On motion of a prevailing party to a contested judicial
  991  proceeding under s. 682.12, s. 682.13, or s. 682.14, the court
  992  may add reasonable attorney fees and other reasonable expenses
  993  of litigation incurred in a judicial proceeding after the award
  994  is made to a judgment confirming, vacating without directing a
  995  rehearing, modifying, or correcting an award. Upon the granting
  996  of an order confirming, modifying or correcting an award,
  997  judgment or decree shall be entered in conformity therewith and
  998  be enforced as any other judgment or decree. Costs of the
  999  application and of the proceedings subsequent thereto, and
 1000  disbursements may be awarded by the court.
 1001         Section 27. Section 682.16, Florida Statutes, is repealed.
 1002         Section 28. Section 682.17, Florida Statutes, is repealed.
 1003         Section 29. Section 682.18, Florida Statutes, is repealed.
 1004         Section 30. Section 682.181, Florida Statutes, is created
 1005  to read:
 1006         682.181 Jurisdiction.—
 1007         (1) A court of this state having jurisdiction over the
 1008  controversy and the parties may enforce an agreement to
 1009  arbitrate.
 1010         (2) An agreement to arbitrate providing for arbitration in
 1011  this state confers exclusive jurisdiction on the court to enter
 1012  judgment on an award under this chapter.
 1013         Section 31. Section 682.19, Florida Statutes, is amended to
 1014  read:
 1015         682.19 Venue.—A petition pursuant to s. 682.015 must be
 1016  filed in the court of the county in which the agreement to
 1017  arbitrate specifies the arbitration hearing is to be held or, if
 1018  the hearing has been held, in the court of the county in which
 1019  it was held. Otherwise, the petition may be made in the court of
 1020  any county in which an adverse party resides or has a place of
 1021  business or, if no adverse party has a residence or place of
 1022  business in this state, in the court of any county in this
 1023  state. All subsequent petitions must be made in the court
 1024  hearing the initial petition unless the court otherwise directs.
 1025  Any application under this law may be made to the court of the
 1026  county in which the other party to the agreement or provision
 1027  for arbitration resides or has a place of business, or, if she
 1028  or he has no residence or place of business in this state, then
 1029  to the court of any county. All applications under this law
 1030  subsequent to an initial application shall be made to the court
 1031  hearing the initial application unless it shall order otherwise.
 1032         Section 32. Section 682.20, Florida Statutes, is amended to
 1033  read:
 1034         682.20 Appeals.—
 1035         (1) An appeal may be taken from:
 1036         (a) An order denying an application to compel arbitration
 1037  made under s. 682.03.
 1038         (b) An order granting a motion an application to stay
 1039  arbitration pursuant to made under s. 682.03(2)-(4).
 1040         (c) An order confirming or denying confirmation of an
 1041  award.
 1042         (d) An order denying confirmation of an award unless the
 1043  court has entered an order under s. 682.10(4) or s. 682.13. All
 1044  other orders denying confirmation of an award are final orders.
 1045         (e)(d) An order modifying or correcting an award.
 1046         (f)(e) An order vacating an award without directing a
 1047  rehearing.
 1048         (g)(f) A judgment or decree entered pursuant to this
 1049  chapter the provisions of this law.
 1050         (2) The appeal shall be taken in the manner and to the same
 1051  extent as from orders or judgments in a civil action.
 1052         Section 33. Section 682.21, Florida Statutes, is repealed.
 1053         Section 34. Section 682.22, Florida Statutes, is repealed.
 1054         Section 35. Section 682.23, Florida Statutes, is created to
 1055  read:
 1056         682.23 Relationship to Electronic Signatures in Global and
 1057  National Commerce Act.—The provisions of this chapter governing
 1058  the legal effect, validity, and enforceability of electronic
 1059  records or electronic signatures and of contracts performed with
 1060  the use of such records or signatures conform to the
 1061  requirements of s. 102 of the Electronic Signatures in Global
 1062  and National Commerce Act, 15 U.S.C. s. 7002.
 1063         Section 36. Section 682.25, Florida Statutes, is created to
 1064  read:
 1065         682.25 Disputes excluded.—This chapter does not apply to
 1066  any dispute involving child custody, visitation, or child
 1067  support.
 1068         Section 37. Section 44.104, Florida Statutes, is amended to
 1069  read:
 1070         44.104 Voluntary binding arbitration and voluntary trial
 1071  resolution.—
 1072         (1) Two or more opposing parties who are involved in a
 1073  civil dispute may agree in writing to submit the controversy to
 1074  voluntary binding arbitration, or voluntary trial resolution, in
 1075  lieu of judicial litigation of the issues involved, prior to or
 1076  after a lawsuit has been filed, provided no constitutional issue
 1077  is involved.
 1078         (2) If the parties have entered into such an agreement and
 1079  the agreement which provides in voluntary binding arbitration
 1080  for a method for appointing of one or more arbitrators, or which
 1081  provides in voluntary trial resolution a method for appointing
 1082  the a member of The Florida Bar in good standing for more than 5
 1083  years to act as trial resolution judge, that method shall be
 1084  followed the court shall proceed with the appointment as
 1085  prescribed. However, in voluntary binding arbitration at least
 1086  one of the arbitrators, who shall serve as the chief arbitrator,
 1087  shall meet the qualifications and training requirements adopted
 1088  pursuant to s. 44.106. In the absence of an agreement on a
 1089  method for appointing the trial resolution judge, or if the
 1090  agreement method fails or for any reason cannot be followed, and
 1091  the parties fail to agree on the person to serve as the trial
 1092  resolution judge, the court, on application of a party, shall
 1093  appoint one or more qualified arbitrators, or the trial
 1094  resolution judge, as the case requires. A trial resolution judge
 1095  must be a member of The Florida Bar in good standing for 5 years
 1096  or more who has agreed to serve.
 1097         (3) The arbitrators or trial resolution judge shall be
 1098  compensated by the parties according to their agreement with the
 1099  trial resolution judge.
 1100         (4) Within 10 days after the submission of the request for
 1101  binding arbitration, or voluntary trial resolution, the court
 1102  shall provide for the appointment of the arbitrator or
 1103  arbitrators, or trial resolution judge, as the case requires.
 1104  Once appointed, the arbitrators or trial resolution judge shall
 1105  notify the parties of the time and place for the hearing.
 1106         (5) Application for voluntary binding arbitration or
 1107  voluntary trial resolution shall be filed and fees paid to the
 1108  clerk of court as if for complaints initiating civil actions.
 1109  The clerk of the court shall handle and account for these
 1110  matters in all respects as if they were civil actions, except
 1111  that the clerk of court shall keep separate the records of the
 1112  applications for voluntary binding arbitration and the records
 1113  of the applications for voluntary trial resolution from all
 1114  other civil actions.
 1115         (6) Filing of the application for binding arbitration or
 1116  voluntary trial resolution tolls will toll the running of the
 1117  applicable statutes of limitation.
 1118         (7) The chief arbitrator or trial resolution judge may
 1119  administer oaths or affirmations and conduct the proceedings as
 1120  the rules of court shall provide. At the request of any party,
 1121  the chief arbitrator or trial resolution judge shall issue
 1122  subpoenas for the attendance of witnesses and for the production
 1123  of books, records, documents, and other evidence and may apply
 1124  to the court for orders compelling attendance and production.
 1125  Subpoenas shall be served and shall be enforceable in the manner
 1126  provided by law. The trial resolution judge may order temporary
 1127  relief in the same manner, and to the same extent, as in civil
 1128  actions generally. Any party may enforce such an order by filing
 1129  a petition in the court. Orders entered by the court are
 1130  reviewable by the appellate court in the same manner, and to the
 1131  same extent, as orders in civil actions generally.
 1132         (8) A voluntary binding arbitration hearing shall be
 1133  conducted by all of the arbitrators, but a majority may
 1134  determine any question and render a final decision. A trial
 1135  resolution judge shall conduct a voluntary trial resolution
 1136  hearing. The trial resolution judge may determine any question
 1137  and render a final decision.
 1138         (9) The Florida Evidence Code and Florida Rules of Civil
 1139  Procedure shall apply to all proceedings under this section,
 1140  except that voluntary trial resolution is not governed by
 1141  procedural rules regulating general and special magistrates, and
 1142  rulings of the trial resolution judge are not reviewable by
 1143  filing exceptions with the court.
 1144         (10) An appeal of a voluntary binding arbitration decision
 1145  shall be taken to the circuit court and shall be limited to
 1146  review on the record and not de novo, of:
 1147         (a) Any alleged failure of the arbitrators to comply with
 1148  the applicable rules of procedure or evidence.
 1149         (b) Any alleged partiality or misconduct by an arbitrator
 1150  prejudicing the rights of any party.
 1151         (c) Whether the decision reaches a result contrary to the
 1152  Constitution of the United States or of the State of Florida.
 1153         (10)(11) Any party may enforce a final decision rendered in
 1154  a voluntary trial by filing a petition for final judgment in the
 1155  circuit court in the circuit in which the voluntary trial took
 1156  place. Upon entry of final judgment by the circuit court, any
 1157  party may appeal to the appropriate appellate court. The
 1158  judgment is reviewable by the appellate court in the same
 1159  manner, and to the same extent, as a judgment in a civil action.
 1160  Factual findings determined in the voluntary trial are not
 1161  subject to appeal.
 1162         (12) The harmless error doctrine shall apply in all
 1163  appeals. No further review shall be permitted unless a
 1164  constitutional issue is raised.
 1165         (11)(13) If no appeal is taken within the time provided by
 1166  rules promulgated by the Supreme Court, then the decision shall
 1167  be referred to the presiding judge in the case, or if one has
 1168  not been assigned, then to the chief judge of the circuit for
 1169  assignment to a circuit judge, who shall enter such orders and
 1170  judgments as are required to carry out the terms of the
 1171  decision. Equitable remedies are, which orders shall be
 1172  enforceable by the contempt powers of the court to the same
 1173  extent as in civil actions generally. When a judgment provides
 1174  for execution, and for which judgments execution shall issue on
 1175  request of a party.
 1176         (12)(14) This section does shall not apply to any dispute
 1177  involving child custody, visitation, or child support, or to any
 1178  dispute that which involves the rights of a third party not a
 1179  party to the arbitration or voluntary trial resolution when the
 1180  third party would be an indispensable party if the dispute were
 1181  resolved in court or when the third party notifies the chief
 1182  arbitrator or the trial resolution judge that the third party
 1183  would be a proper party if the dispute were resolved in court,
 1184  that the third party intends to intervene in the action in
 1185  court, and that the third party does not agree to proceed under
 1186  this section.
 1187         (13) A trial resolution judge does not have jurisdiction to
 1188  declare unconstitutional a statute, ordinance, or provision of a
 1189  constitution. If any such claim is made in the voluntary trial
 1190  resolution proceeding, that claim shall be severed and
 1191  adjudicated by a judge of the court.
 1192         (14)(a) The parties may agree to a trial by a privately
 1193  selected jury. The court’s jury pool may not be used for this
 1194  purpose. In all other cases, the trial resolution judge shall
 1195  conduct a bench trial.
 1196         (b) The trial resolution judge may wear a judicial robe and
 1197  use the title “Trial Resolution Judge” when acting in that
 1198  capacity.
 1199         Section 38. Subsection (1) of section 44.107, Florida
 1200  Statutes, is amended to read:
 1201         44.107 Immunity for arbitrators, voluntary trial resolution
 1202  judges, mediators, and mediator trainees.—
 1203         (1) Arbitrators serving under s. 44.103, voluntary trial
 1204  resolution judges serving under or s. 44.104, mediators serving
 1205  under s. 44.102, and trainees fulfilling the mentorship
 1206  requirements for certification by the Supreme Court as a
 1207  mediator shall have judicial immunity in the same manner and to
 1208  the same extent as a judge and are entitled to the same immunity
 1209  and remedies provided in s. 682.051.
 1210         Section 39. Section 440.1926, Florida Statutes, is amended
 1211  to read:
 1212         440.1926 Alternate dispute resolution; claim arbitration.
 1213  Notwithstanding any other provision of this chapter, the
 1214  employer, carrier, and employee may mutually agree to seek
 1215  consent from a judge of compensation claims to enter into
 1216  binding claim arbitration in lieu of any other remedy provided
 1217  for in this chapter to resolve all issues in dispute regarding
 1218  an injury. Arbitrations agreed to pursuant to this section shall
 1219  be governed by chapter 682, the Revised Florida Arbitration
 1220  Code, except that, notwithstanding any provision in chapter 682,
 1221  the term “court” shall mean a judge of compensation claims. An
 1222  arbitration award in accordance with this section is shall be
 1223  enforceable in the same manner and with the same powers as any
 1224  final compensation order.
 1225         Section 40. Paragraph (a) of subsection (1) of section
 1226  489.1402, Florida Statutes, is amended to read:
 1227         489.1402 Homeowners’ Construction Recovery Fund;
 1228  definitions.—
 1229         (1) The following definitions apply to ss. 489.140-489.144:
 1230         (a) “Arbitration” means alternative dispute resolution
 1231  entered into between a claimant and a contractor either pursuant
 1232  to a construction contract that contains a mandatory arbitration
 1233  clause or through any binding arbitration under chapter 682, the
 1234  Revised Florida Arbitration Code.
 1235         Section 41. Subsection (2) of section 731.401, Florida
 1236  Statutes, is amended to read:
 1237         731.401 Arbitration of disputes.—
 1238         (2) Unless otherwise specified in the will or trust, a will
 1239  or trust provision requiring arbitration shall be presumed to
 1240  require binding arbitration under chapter 682, the Revised
 1241  Florida Arbitration Code s. 44.104.
 1242         Section 42. The Division of Statutory Revision is directed
 1243  to redesignate the title of chapter 44, Florida Statutes, as
 1244  “Alternative Dispute Resolution.”
 1245         Section 43. This act shall take effect July 1, 2012.