HB 1343

1	A bill to be entitled
2	An act relating to arbitration; amending ss. 682.02,
3	682.03, and 682.18, F.S.; revising provisions relating to
4	the enforcement of arbitration agreements; providing for
5	enforceability of arbitration agreements made under the
6	Federal Arbitration Act; revising provisions relating to
7	grounds for refusing an order for arbitration; prohibiting
8	a court from refusing to enforce an arbitration agreement
9	or provision on specified grounds; providing an effective
10	date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Section 682.02, Florida Statutes, is amended to
15	read:
16	682.02  Arbitration agreements made valid, irrevocable, and
17	enforceable; scope.--Two or more parties may agree in writing to
18	submit to arbitration any controversy existing between them at
19	the time of the agreement, or they may include in a written
20	contract a provision for the settlement by arbitration of any
21	controversy thereafter arising between them relating to such
22	contract or the failure or refusal to perform the whole or any
23	part thereof. This section also applies to written interlocal
24	agreements under ss. 163.01 and 373.1962 in which two or more
25	parties agree to submit to arbitration any controversy between
26	them concerning water use permit applications and other matters,
27	regardless of whether or not the water management district with
28	jurisdiction over the subject application is a party to the
29	interlocal agreement or a participant in the arbitration. Such
30	arbitration agreement or provision made under this act, the
31	Federal Arbitration Act, 9 U.S.C. ss. 1 et seq., or the laws of
32	any other state, territory, commonwealth, or foreign country
33	shall be valid, enforceable, and irrevocable without regard to
34	the justiciable character of the controversy or the legality of
35	the contract; provided that, except as otherwise provided
36	herein, this act shall not apply to any such agreement or
37	provision to arbitrate in which it is stipulated that this law
38	shall not apply or to any arbitration or award thereunder.
39	Section 2.  Subsections (1) and (5) of section 682.03,
40	Florida Statutes, are amended to read:
41	682.03  Proceedings to compel and to stay arbitration.--
42	(1)  A party to an agreement or provision for arbitration
43	subject to this law claiming the neglect or refusal of another
44	party thereto to comply therewith may make application to the
45	court for an order directing the parties to proceed with
46	arbitration in accordance with the terms thereof. If the court
47	is satisfied that no substantial issue exists as to the making
48	of the arbitration agreement or provision, it shall grant the
49	application. If the court shall find that a substantial issue is
50	raised as to the making of the arbitration agreement or
51	provision, it shall summarily hear and determine the issue and,
52	according to its determination, shall grant or deny the
53	application.
54	(5)  An order for arbitration shall not be refused on the
55	ground that the claim in issue lacks merit or bona fides,
56	alleges the contract is voidable, illegal, or void ab initio, or
57	because any fault or grounds for the claim sought to be
58	arbitrated have not been shown.
59	Section 3.  Subsection (3) is added to section 682.18,
60	Florida Statutes, to read:
61	682.18  Court defined; definition; jurisdiction;
62	limitations.--
63	(3)  No court shall refuse to enforce an otherwise valid
64	agreement or provision for arbitration made under this act, the
65	Federal Arbitration Act, 9 U.S.C. ss. 1 et seq., or the laws of
66	any other state, territory, commonwealth, or foreign country on
67	the ground that a contract to which the agreement or the
68	provision relates may be or is voidable, illegal, or void ab
69	initio.
70	Section 4.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.