Florida Senate - 2013                              CS for SB 530
       
       
       
       By the Committee on Judiciary; and Senator Thrasher
       
       
       
       
       590-01694-13                                           2013530c1
    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; providing exceptions; amending
  102         s. 682.09, F.S.; revising provisions relating to the
  103         record needed for an award; revising provisions
  104         relating to the time within which an award must be
  105         made; amending s. 682.10, F.S.; revising provisions
  106         relating to requirements for a motion to modify or
  107         correct an award; amending s. 682.11, F.S.; revising
  108         provisions relating to fees and expenses of
  109         arbitration; authorizing punitive damages and other
  110         exemplary relief and remedies; amending s. 682.12,
  111         F.S.; revising provisions relating to confirmation of
  112         an award; amending s. 682.13, F.S.; revising
  113         provisions relating to grounds for vacating an award;
  114         revising provisions relating to a motion for vacating
  115         an award; providing for a rehearing in certain
  116         circumstances; amending s. 682.14, F.S.; revising
  117         provisions relating to the time for moving to modify
  118         or correct an award; deleting references to the term
  119         “umpire”; revising a provision concerning confirmation
  120         of awards; amending s. 682.15, F.S.; revising
  121         provisions relating to a court order confirming,
  122         vacating without directing a rehearing, modifying, or
  123         correcting an award; providing for award of costs and
  124         attorney fees in certain circumstances; repealing s.
  125         682.16, F.S., relating to judgment roll and docketing
  126         of certain orders; repealing s. 682.17, F.S., relating
  127         to 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. 731.401, F.S.; providing for
  147         application of the act to an arbitration provision in
  148         a will or trust; amending ss. 440.1926 and 489.1402,
  149         F.S.; conforming cross-references; providing an
  150         effective date.
  151  
  152  Be It Enacted by the Legislature of the State of Florida:
  153  
  154         Section 1.  Section 682.01, Florida Statutes, is amended to
  155  read:
  156         682.01 Short title Florida Arbitration Code.—This chapter
  157  Sections 682.01-682.22 may be cited as the “Revised Florida
  158  Arbitration Code.”
  159         Section 2. Section 682.011, Florida Statutes, is created to
  160  read:
  161         682.011 Definitions.—As used in this chapter, the term:
  162         (1) “Arbitration organization” means an association,
  163  agency, board, commission, or other entity that is neutral and
  164  initiates, sponsors, or administers an arbitration proceeding or
  165  is involved in the appointment of an arbitrator.
  166         (2) “Arbitrator” means an individual appointed to render an
  167  award, alone or with others, in a controversy that is subject to
  168  an agreement to arbitrate.
  169         (3) “Court” means a court of competent jurisdiction in this
  170  state.
  171         (4) “Knowledge” means actual knowledge.
  172         (5) “Person” means an individual, corporation, business
  173  trust, estate, trust, partnership, limited liability company,
  174  association, joint venture, or government; governmental
  175  subdivision, agency, or instrumentality; public corporation; or
  176  any other legal or commercial entity.
  177         (6) “Record” means information that is inscribed on a
  178  tangible medium or that is stored in an electronic or other
  179  medium and is retrievable in perceivable form.
  180         Section 3. Section 682.012, Florida Statutes, is created to
  181  read:
  182         682.012 Notice.—
  183         (1) Except as otherwise provided in this chapter, a person
  184  gives notice to another person by taking action that is
  185  reasonably necessary to inform the other person in ordinary
  186  course, whether or not the other person acquires knowledge of
  187  the notice.
  188         (2) A person has notice if the person has knowledge of the
  189  notice or has received notice.
  190         (3) A person receives notice when it comes to the person’s
  191  attention or the notice is delivered at the person’s place of
  192  residence or place of business, or at another location held out
  193  by the person as a place of delivery of such communications.
  194         Section 4. Section 682.013, Florida Statutes, is created to
  195  read:
  196         682.013 Applicability of revised code.—
  197         (1) The Revised Florida Arbitration Code governs an
  198  agreement to arbitrate made on or after July 1, 2013.
  199         (2) Until June 30, 2016, the Revised Florida Arbitration
  200  Code governs an agreement to arbitrate made before July 1, 2013,
  201  if all the parties to the agreement or to the arbitration
  202  proceeding so agree in a record. Otherwise, such agreements
  203  shall be governed by the applicable law existing at the time the
  204  parties entered into the agreement.
  205         (3) The Revised Florida Arbitration Code does not affect an
  206  action or proceeding commenced or right accrued before July 1,
  207  2013.
  208         (4) Beginning July 1, 2016, an agreement to arbitrate shall
  209  be subject to the Revised Florida Arbitration Code
  210         Section 5. Section 682.014, Florida Statutes, is created to
  211  read:
  212         682.014 Effect of agreement to arbitrate; nonwaivable
  213  provisions.—
  214         (1) Except as otherwise provided in subsections (2) and
  215  (3), a party to an agreement to arbitrate or to an arbitration
  216  proceeding may waive, or the parties may vary the effect of, the
  217  requirements of this chapter to the extent permitted by law.
  218         (2) Before a controversy arises that is subject to an
  219  agreement to arbitrate, a party to the agreement may not:
  220         (a) Waive or agree to vary the effect of the requirements
  221  of:
  222         1. Commencing a petition for judicial relief under s.
  223  682.015(1);
  224         2. Making agreements to arbitrate valid, enforceable, and
  225  irrevocable under s. 682.02(1);
  226         3. Permitting provisional remedies under s. 682.031;
  227         4. Conferring authority on arbitrators to issue subpoenas
  228  and permit depositions under s. 682.08(1) or (2);
  229         5. Conferring jurisdiction under s. 682.181; or
  230         6. Stating the bases for appeal under s. 682.20;
  231         (b) Agree to unreasonably restrict the right under s.
  232  682.032 to notice of the initiation of an arbitration
  233  proceeding;
  234         (c) Agree to unreasonably restrict the right under s.
  235  682.041 to disclosure of any facts by a neutral arbitrator; or
  236         (d) Waive the right under s. 682.07 of a party to an
  237  agreement to arbitrate to be represented by an attorney at any
  238  proceeding or hearing under this chapter, but an employer and a
  239  labor organization may waive the right to representation by an
  240  attorney in a labor arbitration.
  241         (3) A party to an agreement to arbitrate or arbitration
  242  proceeding may not waive, or the parties may not vary the effect
  243  of, the requirements in this section or:
  244         (a) The applicability of this chapter, the Revised Florida
  245  Arbitration Code, under s. 682.013(1) or (4);
  246         (b) The availability of proceedings to compel or stay
  247  arbitration under s. 682.03;
  248         (c) The immunity conferred on arbitrators and arbitration
  249  organizations under s. 682.051;
  250         (d) A party’s right to seek judicial enforcement of an
  251  arbitration preaward ruling under s. 682.081;
  252         (e) The authority conferred on an arbitrator to change an
  253  award under s. 682.10(4) or (5);
  254         (f) The remedies provided under s. 682.12;
  255         (g) The grounds for vacating an arbitration award under s.
  256  682.13;
  257         (h) The grounds for modifying an arbitration award under s.
  258  682.14;
  259         (i) The validity and enforceability of a judgment or decree
  260  based on an award under s. 682.15(1) or (2);
  261         (j) The validity of the Electronic Signatures in Global and
  262  National Commerce Act under s. 682.23; or
  263         (k) The effect of excluding from arbitration under this
  264  chapter disputes involving child custody, visitation, or child
  265  support under s. 682.25.
  266         Section 6. Section 682.015, Florida Statutes, is created to
  267  read:
  268         682.015 Petition for judicial relief.—
  269         (1) Except as otherwise provided in s. 682.20, a petition
  270  for judicial relief under this chapter must be made to the court
  271  and heard in the manner provided by law or rule of court for
  272  making and hearing motions.
  273         (2) Unless a civil action involving the agreement to
  274  arbitrate is pending, notice of an initial petition to the court
  275  under this chapter must be served in the manner provided by law
  276  for the service of a summons in a civil action. Otherwise,
  277  notice of the motion must be given in the manner provided by law
  278  or rule of court for serving motions in pending cases.
  279         Section 7. Section 682.02, Florida Statutes, is amended to
  280  read:
  281         682.02 Arbitration agreements made valid, irrevocable, and
  282  enforceable; scope.—
  283         (1) An agreement contained in a record to submit to
  284  arbitration any existing or subsequent controversy arising
  285  between the parties to the agreement is valid, enforceable, and
  286  irrevocable except upon a ground that exists at law or in equity
  287  for the revocation of a contract.
  288         (2) The court shall decide whether an agreement to
  289  arbitrate exists or a controversy is subject to an agreement to
  290  arbitrate.
  291         (3) An arbitrator shall decide whether a condition
  292  precedent to arbitrability has been fulfilled and whether a
  293  contract containing a valid agreement to arbitrate is
  294  enforceable.
  295         (4) If a party to a judicial proceeding challenges the
  296  existence of, or claims that a controversy is not subject to, an
  297  agreement to arbitrate, the arbitration proceeding may continue
  298  pending final resolution of the issue by the court, unless the
  299  court otherwise orders.
  300         (5)Two or more parties may agree in writing to submit to
  301  arbitration any controversy existing between them at the time of
  302  the agreement, or they may include in a written contract a
  303  provision for the settlement by arbitration of any controversy
  304  thereafter arising between them relating to such contract or the
  305  failure or refusal to perform the whole or any part thereof.
  306  This section also applies to written interlocal agreements under
  307  ss. 163.01 and 373.713 in which two or more parties agree to
  308  submit to arbitration any controversy between them concerning
  309  water use permit applications and other matters, regardless of
  310  whether or not the water management district with jurisdiction
  311  over the subject application is a party to the interlocal
  312  agreement or a participant in the arbitration. Such agreement or
  313  provision shall be valid, enforceable, and irrevocable without
  314  regard to the justiciable character of the controversy; provided
  315  that this act shall not apply to any such agreement or provision
  316  to arbitrate in which it is stipulated that this law shall not
  317  apply or to any arbitration or award thereunder.
  318         Section 8. Section 682.03, Florida Statutes, is amended to
  319  read:
  320         682.03 Proceedings to compel and to stay arbitration.—
  321         (1) On motion of a person showing an agreement to arbitrate
  322  and alleging another person’s refusal to arbitrate pursuant to
  323  the agreement:
  324         (a) If the refusing party does not appear or does not
  325  oppose the motion, the court shall order the parties to
  326  arbitrate.
  327         (b) If the refusing party opposes the motion, the court
  328  shall proceed summarily to decide the issue and order the
  329  parties to arbitrate unless it finds that there is no
  330  enforceable agreement to arbitrate. A party to an agreement or
  331  provision for arbitration subject to this law claiming the
  332  neglect or refusal of another party thereto to comply therewith
  333  may make application to the court for an order directing the
  334  parties to proceed with arbitration in accordance with the terms
  335  thereof. If the court is satisfied that no substantial issue
  336  exists as to the making of the agreement or provision, it shall
  337  grant the application. If the court shall find that a
  338  substantial issue is raised as to the making of the agreement or
  339  provision, it shall summarily hear and determine the issue and,
  340  according to its determination, shall grant or deny the
  341  application.
  342         (2) On motion of a person alleging that an arbitration
  343  proceeding has been initiated or threatened but that there is no
  344  agreement to arbitrate, the court shall proceed summarily to
  345  decide the issue. If the court finds that there is an
  346  enforceable agreement to arbitrate, it shall order the parties
  347  to arbitrate. If an issue referable to arbitration under an
  348  agreement or provision for arbitration subject to this law
  349  becomes involved in an action or proceeding pending in a court
  350  having jurisdiction to hear an application under subsection (1),
  351  such application shall be made in said court. Otherwise and
  352  subject to s. 682.19, such application may be made in any court
  353  of competent jurisdiction.
  354         (3) If the court finds that there is no enforceable
  355  agreement to arbitrate, it may not order the parties to
  356  arbitrate pursuant to subsection (1) or subsection (2). Any
  357  action or proceeding involving an issue subject to arbitration
  358  under this law shall be stayed if an order for arbitration or an
  359  application therefor has been made under this section or, if the
  360  issue is severable, the stay may be with respect thereto only.
  361  When the application is made in such action or proceeding, the
  362  order for arbitration shall include such stay.
  363         (4) The court may not refuse to order arbitration because
  364  the claim subject to arbitration lacks merit or grounds for the
  365  claim have not been established. On application the court may
  366  stay an arbitration proceeding commenced or about to be
  367  commenced, if it shall find that no agreement or provision for
  368  arbitration subject to this law exists between the party making
  369  the application and the party causing the arbitration to be had.
  370  The court shall summarily hear and determine the issue of the
  371  making of the agreement or provision and, according to its
  372  determination, shall grant or deny the application.
  373         (5) If a proceeding involving a claim referable to
  374  arbitration under an alleged agreement to arbitrate is pending
  375  in court, a motion under this section must be made in that
  376  court. Otherwise, a motion under this section may be made in any
  377  court as provided in s. 682.19. An order for arbitration shall
  378  not be refused on the ground that the claim in issue lacks merit
  379  or bona fides or because any fault or grounds for the claim
  380  sought to be arbitrated have not been shown.
  381         (6) If a party makes a motion to the court to order
  382  arbitration, the court on just terms shall stay any judicial
  383  proceeding that involves a claim alleged to be subject to the
  384  arbitration until the court renders a final decision under this
  385  section.
  386         (7) If the court orders arbitration, the court on just
  387  terms shall stay any judicial proceeding that involves a claim
  388  subject to the arbitration. If a claim subject to the
  389  arbitration is severable, the court may limit the stay to that
  390  claim.
  391         Section 9. Section 682.031, Florida Statutes, is created to
  392  read:
  393         682.031 Provisional remedies.—
  394         (1) Before an arbitrator is appointed and is authorized and
  395  able to act, the court, upon motion of a party to an arbitration
  396  proceeding and for good cause shown, may enter an order for
  397  provisional remedies to protect the effectiveness of the
  398  arbitration proceeding to the same extent and under the same
  399  conditions as if the controversy were the subject of a civil
  400  action.
  401         (2) After an arbitrator is appointed and is authorized and
  402  able to act:
  403         (a) The arbitrator may issue such orders for provisional
  404  remedies, including interim awards, as the arbitrator finds
  405  necessary to protect the effectiveness of the arbitration
  406  proceeding and to promote the fair and expeditious resolution of
  407  the controversy, to the same extent and under the same
  408  conditions as if the controversy were the subject of a civil
  409  action.
  410         (b) A party to an arbitration proceeding may move the court
  411  for a provisional remedy only if the matter is urgent and the
  412  arbitrator is not able to act timely or the arbitrator cannot
  413  provide an adequate remedy.
  414         (3) A party does not waive a right of arbitration by making
  415  a motion under this section.
  416         (4) If an arbitrator awards a provisional remedy for
  417  injunctive or equitable relief, the arbitrator shall state in
  418  the award the factual findings and legal basis for the award.
  419         (5) A party may seek to confirm or vacate a provisional
  420  remedy award for injunctive or equitable relief under s.
  421  682.081.
  422         Section 10. Section 682.032, Florida Statutes, is created
  423  to read:
  424         682.032 Initiation of arbitration.—
  425         (1) A person initiates an arbitration proceeding by giving
  426  notice in a record to the other parties to the agreement to
  427  arbitrate in the agreed manner between the parties or, in the
  428  absence of agreement, by certified or registered mail, return
  429  receipt requested and obtained, or by service as authorized for
  430  the commencement of a civil action. The notice must describe the
  431  nature of the controversy and the remedy sought.
  432         (2) Unless a person objects for lack or insufficiency of
  433  notice under s. 682.06(3) not later than the beginning of the
  434  arbitration hearing, the person by appearing at the hearing
  435  waives any objection to lack of or insufficiency of notice.
  436         Section 11. Section 682.033, Florida Statutes, is created
  437  to read:
  438         682.033 Consolidation of separate arbitration proceedings.—
  439         (1) Except as otherwise provided in subsection (3), upon
  440  motion of a party to an agreement to arbitrate or to an
  441  arbitration proceeding, the court may order consolidation of
  442  separate arbitration proceedings as to all or some of the claims
  443  if:
  444         (a) There are separate agreements to arbitrate or separate
  445  arbitration proceedings between the same persons or one of them
  446  is a party to a separate agreement to arbitrate or a separate
  447  arbitration proceeding with a third person;
  448         (b) The claims subject to the agreements to arbitrate arise
  449  in substantial part from the same transaction or series of
  450  related transactions;
  451         (c) The existence of a common issue of law or fact creates
  452  the possibility of conflicting decisions in the separate
  453  arbitration proceedings; and
  454         (d) Prejudice resulting from a failure to consolidate is
  455  not outweighed by the risk of undue delay or prejudice to the
  456  rights of or hardship to parties opposing consolidation.
  457         (2) The court may order consolidation of separate
  458  arbitration proceedings as to some claims and allow other claims
  459  to be resolved in separate arbitration proceedings.
  460         (3) The court may not order consolidation of the claims of
  461  a party to an agreement to arbitrate if the agreement prohibits
  462  consolidation.
  463         Section 12. Section 682.04, Florida Statutes, is amended to
  464  read:
  465         682.04 Appointment of arbitrators by court.—
  466         (1) If the parties to an agreement to arbitrate agree on or
  467  provision for arbitration subject to this law provides a method
  468  for appointing the appointment of arbitrators or an umpire, this
  469  method must shall be followed, unless the method fails.
  470         (2) The court, on motion of a party to an arbitration
  471  agreement, shall appoint one or more arbitrators, if:
  472         (a) The parties have not agreed on a method;
  473         (b) The agreed method fails;
  474         (c) One or more of the parties failed to respond to the
  475  demand for arbitration; or
  476         (d) An arbitrator fails to act and a successor has not been
  477  appointed.
  478         (3)In the absence thereof, or if the agreed method fails
  479  or for any reason cannot be followed, or if an arbitrator or
  480  umpire who has been appointed fails to act and his or her
  481  successor has not been duly appointed, the court, on application
  482  of a party to such agreement or provision shall appoint one or
  483  more arbitrators or an umpire. An arbitrator or umpire so
  484  appointed has all the shall have like powers of an arbitrator
  485  designated as if named or provided for in the agreement to
  486  arbitrate appointed pursuant to the agreed method or provision.
  487         (4) An individual who has a known, direct, and material
  488  interest in the outcome of the arbitration proceeding or a
  489  known, existing, and substantial relationship with a party may
  490  not serve as an arbitrator required by an agreement to be
  491  neutral.
  492         Section 13. Section 682.041, Florida Statutes, is created
  493  to read:
  494         682.041 Disclosure by arbitrator.—
  495         (1) Before accepting appointment, an individual who is
  496  requested to serve as an arbitrator, after making a reasonable
  497  inquiry, shall disclose to all parties to the agreement to
  498  arbitrate and arbitration proceeding and to any other
  499  arbitrators any known facts that a reasonable person would
  500  consider likely to affect the person’s impartiality as an
  501  arbitrator in the arbitration proceeding, including:
  502         (a) A financial or personal interest in the outcome of the
  503  arbitration proceeding.
  504         (b) An existing or past relationship with any of the
  505  parties to the agreement to arbitrate or the arbitration
  506  proceeding, their counsel or representative, a witness, or
  507  another arbitrator.
  508         (2) An arbitrator has a continuing obligation to disclose
  509  to all parties to the agreement to arbitrate and arbitration
  510  proceeding and to any other arbitrators any facts that the
  511  arbitrator learns after accepting appointment that a reasonable
  512  person would consider likely to affect the impartiality of the
  513  arbitrator.
  514         (3) If an arbitrator discloses a fact required by
  515  subsection (1) or subsection (2) to be disclosed and a party
  516  timely objects to the appointment or continued service of the
  517  arbitrator based upon the fact disclosed, the objection may be a
  518  ground under s. 682.13(1)(b) for vacating an award made by the
  519  arbitrator.
  520         (4) If the arbitrator did not disclose a fact as required
  521  by subsection (1) or subsection (2), upon timely objection by a
  522  party, the court may vacate an award under s. 682.13(1)(b).
  523         (5) An arbitrator appointed as a neutral arbitrator who
  524  does not disclose a known, direct, and material interest in the
  525  outcome of the arbitration proceeding or a known, existing, and
  526  substantial relationship with a party is presumed to act with
  527  evident partiality under s. 682.13(1)(b).
  528         (6) If the parties to an arbitration proceeding agree to
  529  the procedures of an arbitration organization or any other
  530  procedures for challenges to arbitrators before an award is
  531  made, substantial compliance with those procedures is a
  532  condition precedent to a motion to vacate an award on that
  533  ground under s. 682.13(1)(b).
  534         Section 14. Section 682.05, Florida Statutes, is amended to
  535  read:
  536         682.05 Majority action by arbitrators.—If there is more
  537  than one arbitrator, the powers of an arbitrator must be
  538  exercised by a majority of the arbitrators, but all of the
  539  arbitrators shall conduct the hearing under s. 682.06(3). The
  540  powers of the arbitrators may be exercised by a majority of
  541  their number unless otherwise provided in the agreement or
  542  provision for arbitration.
  543         Section 15. Section 682.051, Florida Statutes, is created
  544  to read:
  545         682.051 Immunity of arbitrator; competency to testify;
  546  attorney fees and costs.—
  547         (1) An arbitrator or an arbitration organization acting in
  548  that capacity is immune from civil liability to the same extent
  549  as a judge of a court of this state acting in a judicial
  550  capacity.
  551         (2) The immunity afforded under this section supplements
  552  any immunity under other law.
  553         (3) The failure of an arbitrator to make a disclosure
  554  required by s. 682.041 does not cause any loss of immunity under
  555  this section.
  556         (4) In a judicial, administrative, or similar proceeding,
  557  an arbitrator or representative of an arbitration organization
  558  is not competent to testify, and may not be required to produce
  559  records as to any statement, conduct, decision, or ruling
  560  occurring during the arbitration proceeding, to the same extent
  561  as a judge of a court of this state acting in a judicial
  562  capacity. This subsection does not apply:
  563         (a) To the extent necessary to determine the claim of an
  564  arbitrator, arbitration organization, or representative of the
  565  arbitration organization against a party to the arbitration
  566  proceeding; or
  567         (b) To a hearing on a motion to vacate an award under s.
  568  682.13(1)(a) or (b) if the movant establishes prima facie that a
  569  ground for vacating the award exists.
  570         (5) If a person commences a civil action against an
  571  arbitrator, arbitration organization, or representative of an
  572  arbitration organization arising from the services of the
  573  arbitrator, organization, or representative or if a person seeks
  574  to compel an arbitrator or a representative of an arbitration
  575  organization to testify or produce records in violation of
  576  subsection (4), and the court decides that the arbitrator,
  577  arbitration organization, or representative of an arbitration
  578  organization is immune from civil liability or that the
  579  arbitrator or representative of the organization is not
  580  competent to testify, the court shall award to the arbitrator,
  581  organization, or representative reasonable attorney fees and
  582  other reasonable expenses of litigation.
  583         Section 16. Section 682.06, Florida Statutes, is amended to
  584  read:
  585         682.06 Hearing.—
  586         (1) An arbitrator may conduct an arbitration in such manner
  587  as the arbitrator considers appropriate for a fair and
  588  expeditious disposition of the proceeding. The arbitrator’s
  589  authority includes the power to hold conferences with the
  590  parties to the arbitration proceeding before the hearing and,
  591  among other matters, determine the admissibility, relevance,
  592  materiality, and weight of any evidence. Unless otherwise
  593  provided by the agreement or provision for arbitration:
  594         (1)(a) The arbitrators shall appoint a time and place for
  595  the hearing and cause notification to the parties to be served
  596  personally or by registered or certified mail not less than 5
  597  days before the hearing. Appearance at the hearing waives a
  598  party’s right to such notice. The arbitrators may adjourn their
  599  hearing from time to time upon their own motion and shall do so
  600  upon the request of any party to the arbitration for good cause
  601  shown, provided that no adjournment or postponement of their
  602  hearing shall extend beyond the date fixed in the agreement or
  603  provision for making the award unless the parties consent to a
  604  later date. An umpire authorized to hear and decide the cause
  605  upon failure of the arbitrators to agree upon an award shall, in
  606  the course of his or her jurisdiction, have like powers and be
  607  subject to like limitations thereon.
  608         (b) The arbitrators, or umpire in the course of his or her
  609  jurisdiction, may hear and decide the controversy upon the
  610  evidence produced notwithstanding the failure or refusal of a
  611  party duly notified of the time and place of the hearing to
  612  appear. The court on application may direct the arbitrators, or
  613  the umpire in the course of his or her jurisdiction, to proceed
  614  promptly with the hearing and making of the award.
  615         (2) An arbitrator may decide a request for summary
  616  disposition of a claim or particular issue:
  617         (a) If all interested parties agree; or
  618         (b) Upon request of one party to the arbitration
  619  proceeding, if that party gives notice to all other parties to
  620  the proceeding and the other parties have a reasonable
  621  opportunity to respond. The parties are entitled to be heard, to
  622  present evidence material to the controversy and to cross
  623  examine witnesses appearing at the hearing.
  624         (3) If an arbitrator orders a hearing, the arbitrator shall
  625  set a time and place and give notice of the hearing not less
  626  than 5 days before the hearing begins. Unless a party to the
  627  arbitration proceeding makes an objection to lack or
  628  insufficiency of notice not later than the beginning of the
  629  hearing, the party’s appearance at the hearing waives the
  630  objection. Upon request of a party to the arbitration proceeding
  631  and for good cause shown, or upon the arbitrator’s own
  632  initiative, the arbitrator may adjourn the hearing from time to
  633  time as necessary, but may not postpone the hearing to a time
  634  later than that fixed by the agreement to arbitrate for making
  635  the award unless the parties to the arbitration proceeding
  636  consent to a later date. The arbitrator may hear and decide the
  637  controversy upon the evidence produced although a party who was
  638  duly notified of the arbitration proceeding did not appear. The
  639  court, on request, may direct the arbitrator to conduct the
  640  hearing promptly and render a timely decision. The hearing shall
  641  be conducted by all of the arbitrators but a majority may
  642  determine any question and render a final award. An umpire
  643  authorized to hear and decide the cause upon the failure of the
  644  arbitrators to agree upon an award shall sit with the
  645  arbitrators throughout their hearing but shall not be counted as
  646  a part of their quorum or in the making of their award. If,
  647  during the course of the hearing, an arbitrator for any reason
  648  ceases to act, the remaining arbitrator, arbitrators or umpire
  649  appointed to act as neutrals may continue with the hearing and
  650  determination of the controversy.
  651         (4) At a hearing under subsection (3), a party to the
  652  arbitration proceeding has a right to be heard, to present
  653  evidence material to the controversy, and to cross-examine
  654  witnesses appearing at the hearing.
  655         (5) If an arbitrator ceases or is unable to act during the
  656  arbitration proceeding, a replacement arbitrator must be
  657  appointed in accordance with s. 682.04 to continue the
  658  proceeding and to resolve the controversy.
  659         Section 17. Section 682.07, Florida Statutes, is amended to
  660  read:
  661         682.07 Representation by attorney.—A party has the right to
  662  be represented by an attorney at any arbitration proceeding or
  663  hearing under this law. A waiver thereof prior to the proceeding
  664  or hearing is ineffective.
  665         Section 18. Section 682.08, Florida Statutes, is amended to
  666  read:
  667         682.08 Witnesses, subpoenas, depositions.—
  668         (1) An arbitrator may issue a subpoena for the attendance
  669  of a witness and for the production of records and other
  670  evidence at any hearing and may administer oaths. A subpoena
  671  must be served in the manner for service of subpoenas in a civil
  672  action and, upon motion to the court by a party to the
  673  arbitration proceeding or the arbitrator, enforced in the manner
  674  for enforcement of subpoenas in a civil action. Arbitrators, or
  675  an umpire authorized to hear and decide the cause upon failure
  676  of the arbitrators to agree upon an award, in the course of her
  677  or his jurisdiction, may issue subpoenas for the attendance of
  678  witnesses and for the production of books, records, documents
  679  and other evidence, and shall have the power to administer
  680  oaths. Subpoenas so issued shall be served, and upon application
  681  to the court by a party to the arbitration or the arbitrators,
  682  or the umpire, enforced in the manner provided by law for the
  683  service and enforcement of subpoenas in a civil action.
  684         (2) In order to make the proceedings fair, expeditious, and
  685  cost effective, upon request of a party to, or a witness in, an
  686  arbitration proceeding, an arbitrator may permit a deposition of
  687  any witness to be taken for use as evidence at the hearing,
  688  including a witness who cannot be subpoenaed for or is unable to
  689  attend a hearing. The arbitrator shall determine the conditions
  690  under which the deposition is taken. On application of a party
  691  to the arbitration and for use as evidence, the arbitrators, or
  692  the umpire in the course of her or his jurisdiction, may permit
  693  a deposition to be taken, in the manner and upon the terms
  694  designated by them or her or him of a witness who cannot be
  695  subpoenaed or is unable to attend the hearing.
  696         (3) An arbitrator may permit such discovery as the
  697  arbitrator decides is appropriate in the circumstances, taking
  698  into account the needs of the parties to the arbitration
  699  proceeding and other affected persons and the desirability of
  700  making the proceeding fair, expeditious, and cost effective. All
  701  provisions of law compelling a person under subpoena to testify
  702  are applicable.
  703         (4) If an arbitrator permits discovery under subsection
  704  (3), the arbitrator may order a party to the arbitration
  705  proceeding to comply with the arbitrator’s discovery-related
  706  orders, issue subpoenas for the attendance of a witness and for
  707  the production of records and other evidence at a discovery
  708  proceeding, and take action against a noncomplying party to the
  709  extent a court could if the controversy were the subject of a
  710  civil action in this state.
  711         (5) An arbitrator may issue a protective order to prevent
  712  the disclosure of privileged information, confidential
  713  information, trade secrets, and other information protected from
  714  disclosure to the extent a court could if the controversy were
  715  the subject of a civil action in this state.
  716         (6) All laws compelling a person under subpoena to testify
  717  and all fees for attending a judicial proceeding, a deposition,
  718  or a discovery proceeding as a witness apply to an arbitration
  719  proceeding as if the controversy were the subject of a civil
  720  action in this state.
  721         (7) The court may enforce a subpoena or discovery-related
  722  order for the attendance of a witness within this state and for
  723  the production of records and other evidence issued by an
  724  arbitrator in connection with an arbitration proceeding in
  725  another state upon conditions determined by the court so as to
  726  make the arbitration proceeding fair, expeditious, and cost
  727  effective. A subpoena or discovery-related order issued by an
  728  arbitrator in another state must be served in the manner
  729  provided by law for service of subpoenas in a civil action in
  730  this state and, upon motion to the court by a party to the
  731  arbitration proceeding or the arbitrator, enforced in the manner
  732  provided by law for enforcement of subpoenas in a civil action
  733  in this state.
  734         (8)(4) Fees for attendance as a witness shall be the same
  735  as for a witness in the circuit court.
  736         Section 19. Section 682.081, Florida Statutes, is created
  737  to read:
  738         682.081 Judicial enforcement of preaward ruling by
  739  arbitrator.—
  740         (1) Except as provided in subsection (2), if an arbitrator
  741  makes a preaward ruling in favor of a party to the arbitration
  742  proceeding, the party may request that the arbitrator
  743  incorporate the ruling into an award under s. 682.12. A
  744  prevailing party may make a motion to the court for an expedited
  745  order to confirm the award under s. 682.12, in which case the
  746  court shall summarily decide the motion. The court shall issue
  747  an order to confirm the award unless the court vacates,
  748  modifies, or corrects the award under s. 682.13 or s. 682.14.
  749         (2) A party to a provisional remedy award for injunctive or
  750  equitable relief may make a motion to the court seeking to
  751  confirm or vacate the provisional remedy award.
  752         (a) The court shall confirm a provisional remedy award for
  753  injunctive or equitable relief if the award satisfies the legal
  754  standards for awarding a party injunctive or equitable relief.
  755         (b) The court shall vacate a provisional remedy award for
  756  injunctive or equitable relief which fails to satisfy the legal
  757  standards for awarding a party injunctive or equitable relief.
  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 hear
  889  evidence material to the controversy, or otherwise conducted the
  890  hearing contrary to s. 682.06, so as to prejudice substantially
  891  the rights of a party to the arbitration proceeding; The
  892  arbitrators or the umpire in the course of her or his
  893  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  But the fact that the relief was such that it could not or would
  914  not be granted by a court of law or equity is not ground for
  915  vacating or refusing to confirm the award.
  916         (2) A motion under this section must be filed within 90
  917  days after the movant receives notice of the award pursuant to
  918  s. 682.09 or within 90 days after the movant receives notice of
  919  a modified or corrected award pursuant to s. 682.10, unless the
  920  movant alleges that the award was procured by corruption, fraud,
  921  or other undue means, in which case the motion must be made
  922  within 90 days after the ground is known or by the exercise of
  923  reasonable care would have been known by the movant. An
  924  application under this section shall be made within 90 days
  925  after delivery of a copy of the award to the applicant, except
  926  that, if predicated upon corruption, fraud or other undue means,
  927  it shall be made within 90 days after such grounds are known or
  928  should have been known.
  929         (3) If the court vacates an award on a ground other than
  930  that set forth in paragraph (1)(e), it may order a rehearing. If
  931  the award is vacated on a ground stated in paragraph (1)(a) or
  932  paragraph (1)(b), the rehearing must be before a new arbitrator.
  933  If the award is vacated on a ground stated in paragraph (1)(c),
  934  paragraph (1)(d), or paragraph (1)(f), the rehearing may be
  935  before the arbitrator who made the award or the arbitrator’s
  936  successor. The arbitrator must render the decision in the
  937  rehearing within the same time as that provided in s. 682.09(2)
  938  for an award. In vacating the award on grounds other than those
  939  stated in paragraph (1)(e), the court may order a rehearing
  940  before new arbitrators chosen as provided in the agreement or
  941  provision for arbitration or by the court in accordance with s.
  942  682.04, or, if the award is vacated on grounds set forth in
  943  paragraphs (1)(c) and (d), the court may order a rehearing
  944  before the arbitrators or umpire who made the award or their
  945  successors appointed in accordance with s. 682.04. The time
  946  within which the agreement or provision for arbitration requires
  947  the award to be made is applicable to the rehearing and
  948  commences from the date of the order therefor.
  949         (4) If a motion the application to vacate is denied and no
  950  motion to modify or correct the award is pending, the court
  951  shall confirm the award.
  952         Section 25. Section 682.14, Florida Statutes, is amended to
  953  read:
  954         682.14 Modification or correction of award.—
  955         (1) Upon motion made within 90 days after the movant
  956  receives notice of the award pursuant to s. 682.09 or within 90
  957  days after the movant receives notice of a modified or corrected
  958  award pursuant to s. 682.10, the court shall modify or correct
  959  the award if Upon application made within 90 days after delivery
  960  of a copy of the award to the applicant, the court shall modify
  961  or correct the award when:
  962         (a) There is an evident miscalculation of figures or an
  963  evident mistake in the description of any person, thing, or
  964  property referred to in the award.
  965         (b) The arbitrators or umpire have awarded upon a matter
  966  not submitted in the arbitration to them or him or her and the
  967  award may be corrected without affecting the merits of the
  968  decision upon the issues submitted.
  969         (c) The award is imperfect as a matter of form, not
  970  affecting the merits of the controversy.
  971         (2) If the motion application is granted, the court shall
  972  modify and correct the award so as to effect its intent and
  973  shall confirm the award as so modified and corrected. Otherwise,
  974  unless a motion to vacate the award under s. 682.13 is pending,
  975  the court shall confirm the award as made.
  976         (3) A motion An application to modify or correct an award
  977  may be joined in the alternative with a motion an application to
  978  vacate the award under s. 682.13.
  979         Section 26. Section 682.15, Florida Statutes, is amended to
  980  read:
  981         682.15 Judgment or decree on award.—
  982         (1) Upon granting an order confirming, vacating without
  983  directing a rehearing, modifying, or correcting an award, the
  984  court shall enter a judgment in conformity therewith. The
  985  judgment may be recorded, docketed, and enforced as any other
  986  judgment in a civil action.
  987         (2) A court may allow reasonable costs of the motion and
  988  subsequent judicial proceedings.
  989         (3) On motion of a prevailing party to a contested judicial
  990  proceeding under s. 682.12, s. 682.13, or s. 682.14, the court
  991  may add reasonable attorney fees and other reasonable expenses
  992  of litigation incurred in a judicial proceeding after the award
  993  is made to a judgment confirming, vacating without directing a
  994  rehearing, modifying, or correcting an award. Upon the granting
  995  of an order confirming, modifying or correcting an award,
  996  judgment or decree shall be entered in conformity therewith and
  997  be enforced as any other judgment or decree. Costs of the
  998  application and of the proceedings subsequent thereto, and
  999  disbursements may be awarded by the court.
 1000         Section 27. Section 682.16, Florida Statutes, is repealed.
 1001         Section 28. Section 682.17, Florida Statutes, is repealed.
 1002         Section 29. Section 682.18, Florida Statutes, is repealed.
 1003         Section 30. Section 682.181, Florida Statutes, is created
 1004  to read:
 1005         682.181 Jurisdiction.—
 1006         (1) A court of this state having jurisdiction over the
 1007  controversy and the parties may enforce an agreement to
 1008  arbitrate.
 1009         (2) An agreement to arbitrate providing for arbitration in
 1010  this state confers exclusive jurisdiction on the court to enter
 1011  judgment on an award under this chapter.
 1012         Section 31. Section 682.19, Florida Statutes, is amended to
 1013  read:
 1014         682.19 Venue.—A petition pursuant to s. 682.015 must be
 1015  filed in the court of the county in which the agreement to
 1016  arbitrate specifies the arbitration hearing is to be held or, if
 1017  the hearing has been held, in the court of the county in which
 1018  it was held. Otherwise, the petition may be made in the court of
 1019  any county in which an adverse party resides or has a place of
 1020  business or, if no adverse party has a residence or place of
 1021  business in this state, in the court of any county in this
 1022  state. All subsequent petitions must be made in the court
 1023  hearing the initial petition unless the court otherwise directs.
 1024  Any application under this law may be made to the court of the
 1025  county in which the other party to the agreement or provision
 1026  for arbitration resides or has a place of business, or, if she
 1027  or he has no residence or place of business in this state, then
 1028  to the court of any county. All applications under this law
 1029  subsequent to an initial application shall be made to the court
 1030  hearing the initial application unless it shall order otherwise.
 1031         Section 32. Section 682.20, Florida Statutes, is amended to
 1032  read:
 1033         682.20 Appeals.—
 1034         (1) An appeal may be taken from:
 1035         (a) An order denying a motion an application to compel
 1036  arbitration made under s. 682.03.
 1037         (b) An order granting a motion an application to stay
 1038  arbitration pursuant to made under s. 682.03(2)-(4).
 1039         (c) An order confirming or denying confirmation of an
 1040  award.
 1041         (d) An order denying confirmation of an award unless the
 1042  court has entered an order under s. 682.10(4) or s. 682.13. All
 1043  other orders denying confirmation of an award are final orders.
 1044         (e)(d) An order modifying or correcting an award.
 1045         (f)(e) An order vacating an award without directing a
 1046  rehearing.
 1047         (g)(f) A judgment or decree entered pursuant to this
 1048  chapter the provisions of this law.
 1049         (2) The appeal shall be taken in the manner and to the same
 1050  extent as from orders or judgments in a civil action.
 1051         Section 33. Section 682.21, Florida Statutes, is repealed.
 1052         Section 34. Section 682.22, Florida Statutes, is repealed.
 1053         Section 35. Section 682.23, Florida Statutes, is created to
 1054  read:
 1055         682.23 Relationship to Electronic Signatures in Global and
 1056  National Commerce Act.—The provisions of this chapter governing
 1057  the legal effect, validity, and enforceability of electronic
 1058  records or electronic signatures and of contracts performed with
 1059  the use of such records or signatures conform to the
 1060  requirements of s. 102 of the Electronic Signatures in Global
 1061  and National Commerce Act, 15 U.S.C. s. 7002.
 1062         Section 36. Section 682.25, Florida Statutes, is created to
 1063  read:
 1064         682.25 Disputes excluded.—This chapter does not apply to
 1065  any dispute involving child custody, visitation, or child
 1066  support.
 1067         Section 37. Subsection (2) of section 731.401, Florida
 1068  Statutes, is amended to read:
 1069         731.401 Arbitration of disputes.—
 1070         (2) Unless otherwise specified in the will or trust, a will
 1071  or trust provision requiring arbitration shall be presumed to
 1072  require binding arbitration under chapter 682, the Revised
 1073  Florida Arbitration Code. If an arbitration enforceable under
 1074  this section is governed under chapter 682, the arbitration
 1075  provision in the will or trust shall be treated as an agreement
 1076  for the purposes of applying chapter 682 s. 44.104.
 1077         Section 38. Section 440.1926, Florida Statutes, is amended
 1078  to read:
 1079         440.1926 Alternate dispute resolution; claim arbitration.
 1080  Notwithstanding any other provision of this chapter, the
 1081  employer, carrier, and employee may mutually agree to seek
 1082  consent from a judge of compensation claims to enter into
 1083  binding claim arbitration in lieu of any other remedy provided
 1084  for in this chapter to resolve all issues in dispute regarding
 1085  an injury. Arbitrations agreed to pursuant to this section shall
 1086  be governed by chapter 682, the Revised Florida Arbitration
 1087  Code, except that, notwithstanding any provision in chapter 682,
 1088  the term “court” shall mean a judge of compensation claims. An
 1089  arbitration award in accordance with this section is shall be
 1090  enforceable in the same manner and with the same powers as any
 1091  final compensation order.
 1092         Section 39. Paragraph (a) of subsection (1) of section
 1093  489.1402, Florida Statutes, is amended to read:
 1094         489.1402 Homeowners’ Construction Recovery Fund;
 1095  definitions.—
 1096         (1) The following definitions apply to ss. 489.140-489.144:
 1097         (a) “Arbitration” means alternative dispute resolution
 1098  entered into between a claimant and a contractor either pursuant
 1099  to a construction contract that contains a mandatory arbitration
 1100  clause or through any binding arbitration under chapter 682, the
 1101  Revised Florida Arbitration Code.
 1102         Section 40. This act shall take effect July 1, 2013.