Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1458
       
       
       
       
       
       
                                Barcode 625720                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Governmental Oversight and Accountability
       (Bogdanoff) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 472 - 500
    4  and insert:
    5         Section 12. Section 682.04, Florida Statutes, is amended to
    6  read
    7         682.04 Appointment of arbitrators by court.—
    8         (1)(a) If the parties to an agreement to arbitrate agree on
    9  or provision for arbitration subject to this law provides a
   10  method for appointing the appointment of arbitrators or an
   11  umpire, this method must shall be followed, unless the method
   12  fails.
   13         (b) As applied to a consumer arbitration agreement, the
   14  parties shall select the arbitrator or arbitrators after the
   15  arbitration has been initiated. If the parties cannot agree on
   16  the selection of the arbitrators, the court shall appoint one or
   17  more arbitrators deemed by both parties to be acceptable.
   18         (c) As used in this section, the term “consumer arbitration
   19  agreement” means a standardized contract written by the
   20  nonconsumer party containing a provision requiring that disputes
   21  between the parties arising after the contract is signed be
   22  submitted to binding arbitration.
   23         (2) A person may not serve as an arbitrator if:
   24         (a) The person has, at the time of arbitration or at some
   25  time in the past, a direct and material interest in the outcome
   26  of the arbitration proceeding, an existing relationship with a
   27  party, or any other interest more than a de minimis interest
   28  which could be affected by the proceeding.
   29         (b) The arbitration service through which the person has
   30  been contracted has an interest, direct or indirect, including a
   31  financial interest in the outcome of the arbitration.
   32         (3) The court, upon an application by a party to the
   33  arbitration agreement, shall appoint one or more arbitrators,
   34  if:
   35         (a) The parties have not agreed on a method for appointing
   36  arbitrators;
   37         (b) The agreed method of appointment fails;
   38         (c) One or more of the parties fails to respond to the
   39  demand for arbitration; or
   40         (d) An arbitrator fails to act and a successor has not been
   41  appointed. In the absence thereof, or if the agreed method fails
   42  or for any reason cannot be followed, or if an arbitrator or
   43  umpire who has been appointed fails to act and his or her
   44  successor has not been duly appointed, the court, on application
   45  of a party to such agreement or provision shall appoint one or
   46  more arbitrators or an umpire.
   47         (4) An arbitrator or umpire so appointed has all the shall
   48  have like powers of an arbitrator designated as if named or
   49  provided for in the agreement to arbitrate and appointed
   50  pursuant to the agreed method or provision.