HB 1219

1	A bill to be entitled
2	An act relating to the Florida Arbitration Code; creating
3	s. 682.011, F.S.; providing definitions; creating s.
4	682.012, F.S.; providing application; creating s. 682.013,
5	F.S.; authorizing parties to an agreement to arbitrate to
6	waive or vary the effect of the requirements of certain
7	provisions; providing an exception; prohibiting a party
8	from narrowing the grounds for vacating certain awards;
9	providing that certain parties submitting a subject of
10	arbitration to a court have waived the right to arbitrate;
11	creating s. 682.031, F.S.; providing notice requirements;
12	creating s. 682.032, F.S.; providing for initiation of
13	arbitration; amending s. 682.04, F.S.; revising provisions
14	relating to the selection of arbitrators; prohibiting
15	certain persons from serving as arbitrators; creating s.
16	682.041, F.S.; authorizing a court to award provisional
17	remedies under certain circumstances; providing that a
18	motion for provisional remedies does not waive the right
19	to arbitration; creating s. 682.042, F.S.; requiring the
20	disclosure of specified information by a person requested
21	to serve as an arbitrator; requiring certain information
22	to be provided to the parties; providing grounds for
23	removal of the arbitrator under certain circumstances;
24	providing procedure for the expedited removal of an
25	arbitrator; requiring an arbitrator to sign an oath
26	attesting to certain information; creating s. 682.043,
27	F.S.; providing for consolidation of certain separate
28	arbitration proceedings; amending s. 682.05, F.S.;
29	requiring action by more than one arbitrator to be action
30	of a majority; requiring all of the arbitrators to conduct
31	the hearing; creating s. 682.052, F.S.; providing for the
32	arbitration process; providing requirements, powers, and
33	duties of the arbitrator; providing requirements of
34	parties; providing hearing requirements; amending s.
35	682.06, F.S.; providing hearing notice requirements;
36	providing certain hearing matters to be conducted in
37	accordance with the Florida Rules of Evidence and the
38	Florida Rules of Civil Procedure; providing for the
39	replacement of an arbitrator under certain circumstances;
40	amending s. 682.07, F.S.; requiring the parties to be
41	provided with information concerning institutions that
42	might offer assistance; amending s. 682.08, F.S.;
43	requiring the issuance of a subpoena to be included in the
44	record of the arbitration; providing requirements for
45	depositions; providing requirements relating to discovery
46	materials and procedures; providing for enforcement of
47	subpoenas and discovery-related orders; authorizing an
48	arbitrator to issue protective orders; providing for the
49	court enforcement of certain subpoenas and discovery-
50	related orders; requiring witnesses to be under oath
51	during testimony; creating s. 682.085, F.S.; providing for
52	judicial enforcement of preaward rulings; amending s.
53	682.09, F.S.; providing requirements for awards; amending
54	s. 682.11, F.S.; authorizing an arbitrator to award
55	punitive damages and other exemplary relief; authorizing
56	an arbitrator to award attorney fees and other expenses;
57	authorizing the court to order certain costs to be shared
58	between the parties; amending s. 682.12, F.S.; revising
59	procedure for the confirmation of an award by a court;
60	amending s. 682.13, F.S.; revising procedure for vacating
61	awards; authorizing the court to vacate an award for
62	specified reasons; authorizing parties to contract in the
63	arbitration agreement for judicial review of errors of law
64	in the arbitration award; providing the court certain
65	powers relating to time limitations of procedures in the
66	vacating of awards; revising certain circumstances when a
67	court may order a rehearing before the arbitrators or
68	umpire who made the award; amending s. 682.14, F.S.;
69	requiring the court to modify or correct an award under
70	certain circumstances; authoring a consumer to seek to
71	modify or vacate an award within a specified time;
72	amending s. 682.15, F.S.; providing for entering judgment;
73	amending s. 682.20, F.S.; providing for appeals in certain
74	circumstances; authorizing certain rules to be reviewed by
75	writ of certiorari; authorizing an appeal to be taken from
76	a circuit or county court to a court of appeals under
77	certain circumstances; creating s. 682.202, F.S.;
78	specifying relationship to certain federal electronic
79	signatures act; creating s. 682.203, F.S.; providing for
80	the regulation of arbitration service providers; requiring
81	arbitration organizations to make available certain
82	information in a specified manner; authoring the
83	arbitration organizations to charge a fee for the actual
84	cost of copying certain information; requiring all fees
85	and costs charged to or assessed against certain consumers
86	to be waived; providing waiver requirements; providing
87	notice requirements; prohibiting certain fee agreements;
88	prohibiting certain arbitration organizations from
89	administering an arbitration; authorizing certain persons
90	to request a court to enjoin an arbitration organization
91	from violating certain provisions of law; creating s.
92	682.204, F.S.; requiring disclosure of certain arbitration
93	costs; authorizing certain disclosures to be based on
94	reasonable, good-faith estimate; providing that failure to
95	comply with certain disclosure requirements constitutes a
96	deceptive act pursuant to the Florida Deceptive and Unfair
97	Trade Practices Act; authorizing certain persons to
98	request a court to enjoin an arbitration organization from
99	violating certain provisions of law; providing an
100	effective date.
101
102	Be It Enacted by the Legislature of the State of Florida:
103
104	Section 1.  Section 682.011, Florida Statutes, is created
105	to read:
106	682.011  Definitions.--
107	(1)  "Arbitration organization" means an association,
108	agency, board, commission, or other entity that is neutral and
109	initiates, sponsors, or administers an arbitration proceeding or
110	is involved in the appointment of an arbitrator.
111	(2)  "Arbitrator" means a neutral individual appointed to
112	render an award, alone or with others, in a controversy that is
113	subject to an agreement to arbitrate.
114	(3)  "Consumer" means a party to an arbitration agreement
115	who, in the context of that arbitration agreement, is an
116	individual, not a business, who seeks or acquires, including by
117	lease, any goods or services primarily for personal, family, or
118	household purposes, including, but not limited to, transactions
119	involving banking, credit cards, home loans, and other financial
120	services; healthcare services; brokerage services; home
121	construction and improvements; insurance; communications; the
122	purchase and lease of motor vehicles and other personal
123	property; and the purchase and lease of real property. This
124	subsection shall not be construed to restrict the ability of
125	consumers to pursue arbitration on a group basis or render this
126	subsection inapplicable to arbitrations involving multiple
127	consumer parties.
128	(4)  "Consumer arbitration agreement" means a standardized
129	contract written by the nonconsumer party with a provision
130	requiring that disputes arising after the contract is signed
131	shall be submitted to binding arbitration, and the other party
132	is a consumer.
133	(5)  "Evident partiality" means that a reasonable person
134	would conclude that the arbitrator was partial to one party to
135	the arbitration, or that it reasonably looks as though the
136	arbitrator would tend to favor one of the parties. "Evident
137	partiality" does not require the party alleging such partiality
138	to prove that the arbitrator was actually prejudiced.
139	(6)  "Financial interest" means holding a position in a
140	business as officer, director, trustee, or partner or holding
141	any position in management, or owning more than 5 percent
142	interest in a business.
143	(7)  "Knowledge" means actual knowledge.
144	(8)  "Person" means an individual, corporation, business
145	trust, estate, trust, partnership, limited liability company,
146	association, or joint venture; government, governmental
147	subdivision, agency, or instrumentality; public corporation; or
148	any other legal or commercial entity.
149	(9)  "Record" means information that is inscribed on a
150	tangible medium or that is stored in an electronic or other
151	medium and is retrievable in perceivable form.
152	(10)  "Small business" means:
153	(a)1.  A sole proprietor of an unincorporated business,
154	including a professional practice, whose principal office is in
155	this state, who is domiciled in this state, and whose business
156	or professional practice has, at the time the action is
157	initiated by a state agency, not more than 25 full-time
158	employees or a net worth of not more than $2 million, including
159	both personal and business investments;
160	2.  A partnership or corporation, including a professional
161	practice, which has its principal office in this state and at
162	the time the action is initiated by a state agency has not more
163	than 25 full-time employees or a net worth of not more than $2
164	million; or
165	3.  An individual whose net worth did not exceed $2 million
166	at the time the action was initiated by a state agency when the
167	action is brought against that individual's license to engage in
168	the practice or operation of a business, profession, or trade;
169	or
170	(b)  Any small business party as provided for in paragraph
171	(a), without regard to the number of its employees or its net
172	worth, in any action under s. 72.011 or in any administrative
173	proceeding under that section to contest the legality of any
174	assessment of tax imposed for the sale or use of services as
175	provided in chapter 212, interest thereon, or penalty therefor.
176	Section 2.  Section 682.012, Florida Statutes, is created
177	to read:
178	682.012  Application in general.--
179	(1)  This chapter does not apply to insurance policies made
180	with a consumer or small business, and every provision in any
181	such policy requiring arbitration or restricting a party thereto
182	or beneficiary thereof from enforcing any right under it by
183	usual legal proceedings or limiting the time to do so is void
184	and unenforceable.
185	(2)  A provision for mandatory binding arbitration within
186	any arbitration agreement is void and unenforceable except to
187	the extent federal law provides for its enforceability.
188	(3)  This chapter does not apply to any arbitrator or any
189	arbitration organization in an arbitration proceeding governed
190	by rules adopted by a securities self-regulatory organization
191	and approved by the United States Securities and Exchange
192	Commission under the Securities and Exchange Act of 1934, 15
193	U.S.C. s. 78s.
194	Section 3.  Section 682.013, Florida Statutes, is created
195	to read:
196	682.013  Effect of agreement to arbitrate; nonwaivable
197	provisions.--
198	(1)  Except as otherwise provided in subsections (2) and
199	(3), a party to an agreement to arbitrate or to an arbitration
200	proceeding may waive, or the parties may vary the effect of, the
201	requirements of this chapter to the extent permitted by law.
202	(2)  Before a controversy arises that is subject to an
203	agreement to arbitrate, a party to the agreement may not:
204	(a)  Waive or agree to vary the effect of the requirements
205	of s. 682.012, s. 682.032, s. 682.041, s. 682.042, s. 682.08(1)
206	and (2), s. 682.11, or s. 682.20; or
207	(b)  Waive the right under s. 682.07 of a party to an
208	agreement to arbitrate to be represented by a lawyer at any
209	proceeding or hearing under this chapter, but an employer and a
210	labor organization may waive the right to representation by a
211	lawyer in a labor arbitration.
212	(3)  A party to an agreement to arbitrate or an arbitration
213	proceeding may not waive, or the parties may not vary the effect
214	of, the requirements of this section, s. 682.012(1) or (3), s.
215	682.03, s. 682.085, s. 682.10, s. 682.12, s. 682.13, s. 682.14,
216	s. 682.15, or s. 682.202, except that, if there is an agreement
217	to arbitrate disputes over insurance obligations by two or more
218	people engaged in the business of insurance, including, but not
219	limited to, reinsurers, self-insurers, or reinsurance
220	intermediaries, or any combination thereof, the parties to the
221	agreement may waive the right to vacate under s. 682.13.
222	(4)  A party to an agreement to arbitrate or an arbitration
223	proceeding may not narrow the grounds for vacating an award set
224	forth in s. 682.13, except in a subsequent agreement for
225	consideration made after the controversy that is at issue in the
226	arbitration has arisen.
227	(5)  A party to an agreement that submits to having, or
228	agrees to have, a court decide an issue subject to arbitration
229	has waived his or her right to arbitrate. This includes, but is
230	not limited to, initiating a suit or responding to a suit in any
231	manner other than by a motion to compel arbitration.
232	Section 4.  Section 682.031, Florida Statutes, is created
233	to read:
234	682.031  Notice.--
235	(1)  Except as otherwise provided in this chapter, a person
236	gives notice to another party by delivering notice to the
237	party's place of residence by certified or registered mail,
238	return receipt requested and obtained, or by in-hand delivery
239	with notice of service of process.
240	(2)  A person has notice if the person has knowledge of the
241	notice or has received actual notice.
242	Section 5.  Section 682.032, Florida Statutes, is created
243	to read:
244	682.032  Initiation of arbitration.--A person initiates an
245	arbitration proceeding by giving notice in a record to the other
246	parties to the agreement to arbitrate by certified or registered
247	mail, return receipt requested and obtained, or by service as
248	authorized for the commencement of a civil action. The notice
249	must describe the nature of the controversy and the remedy
250	sought.
251	Section 6.  Section 682.04, Florida Statutes, is amended to
252	read:
253	682.04  Appointment of arbitrators by court.--
254	(1)  The parties shall select the arbitrator after the
255	arbitration has been initiated. In the event that the parties
256	are unable to come to an agreement, the court If an agreement or
257	provision for arbitration subject to this law provides a method
258	for the appointment of arbitrators or an umpire, this method
259	shall be followed. In the absence thereof, or if the agreed
260	method fails or for any reason cannot be followed, or if an
261	arbitrator or umpire who has been appointed fails to act and his
262	or her successor has not been duly appointed, the court, on
263	application of a party to such agreement or provision shall
264	appoint one or more arbitrators or an umpire deemed by both
265	parties to be acceptable. An arbitrator or umpire so appointed
266	shall have like powers as if named or provided for in the
267	agreement or provision.
268	(2)  An individual may not serve as an arbitrator if the
269	individual has, either at the time of arbitration or at some
270	time in the past, a direct and material interest in the outcome
271	of the arbitration proceeding, an existing relationship with a
272	party, or any other interest more than a de minimis interest
273	that could be affected by the proceeding.
274	(3)  An individual may not serve as an arbitrator if the
275	arbitration service through which the individual has been
276	contracted has an interest, either direct or indirect, in the
277	outcome of the arbitration.
278	Section 7.  Section 682.041, Florida Statutes, is created
279	to read:
280	682.041  Provisional remedies.--The court, upon motion of a
281	party to an arbitration proceeding and for good cause shown, may
282	enter an order for provisional remedies to protect the
283	effectiveness of the arbitration proceeding to the same extent
284	and under the same conditions as if the controversy were the
285	subject of a civil action. A party does not waive a right of
286	arbitration by making a motion pursuant to this section.
287	Section 8.  Section 682.042, Florida Statutes, is created
288	to read:
289	682.042  Disclosure by arbitrator.--
290	(1)  Before accepting appointment, an individual who is
291	requested to serve as an arbitrator, after making a reasonable
292	inquiry, shall disclose to all parties to the agreement to
293	arbitrate and the arbitration proceeding and to any other
294	arbitrators involved in the proceedings any facts that might
295	affect, or appear to affect, the impartiality of the arbitrator
296	in the arbitration proceeding, including:
297	(a)  Any financial or personal interest in the outcome of
298	the arbitration proceeding.
299	(b)  Any existing or past relationship with any of the
300	parties to the agreement to arbitrate or the arbitration
301	proceeding, their counsel or representatives, a witness, or
302	other arbitrators, including the number of past arbitrations
303	conducted involving either party, the outcomes of those past
304	arbitrations, and the dates of decision.
305	(2)  The parties must be informed that information
306	concerning the arbitration service provider's past cases is
307	available, either in a hard copy or on the provider's website.
308	(3)  An arbitrator has a continuing obligation to disclose
309	to all parties to the agreement to arbitrate and the arbitration
310	proceeding and to any other arbitrators involved in the
311	proceeding any facts that the arbitrator learns after accepting
312	appointment which might affect, or appear to affect, the
313	impartiality of the arbitrator, including, but not limited to,
314	the information or facts required to be disclosed under
315	subsection (1).
316	(4)  If an arbitrator discloses a fact as required by
317	subsection (1) or subsection (3) and a party timely objects to
318	the appointment or continued service of the arbitrator based
319	upon the fact disclosed, the objection may be grounds for
320	removal of the arbitrator or for vacating an award made by the
321	arbitrator under s. 682.13.
322	(5)  If the arbitrator did not disclose a fact as required
323	by subsection (1) or subsection (3), upon timely objection by a
324	party, the party may make a motion to the court for an expedited
325	order to remove the arbitrator and appoint a successor. Failure
326	of an arbitrator to make such disclosure is cause for the court
327	to vacate an award under s. 682.13.
328	(6)  An arbitrator appointed as a neutral arbitrator who
329	fails to comply with any of the disclosure requirements of this
330	section is presumed to have acted with evident partiality under
331	s. 682.13(1)(b).
332	(7)  If no circumstances exist that would affect the
333	impartiality of any designated arbitrator, such arbitrator shall
334	sign an oath provided by the court affirming the absence of such
335	present or preexisting ties.
336	Section 9.  Section 682.043, Florida Statutes, is created
337	to read:
338	682.043  Consolidation of separate arbitration
339	proceedings.--
340	(1)  Except as otherwise provided in subsection (2), upon
341	motion of a party to an agreement to arbitrate or to an
342	arbitration proceeding, the court shall order consolidation of
343	separate arbitration proceedings as to all or some of the claims
344	if:
345	(a)  There are separate agreements to arbitrate or separate
346	arbitration proceedings between the same persons or one of them
347	is a party to a separate agreement to arbitrate or a separate
348	arbitration proceeding with a third person.
349	(b)  The claims subject to the agreements to arbitrate
350	arise in substantial part from the same transaction or series of
351	related transactions.
352	(c)  The existence of a common issue of law or fact creates
353	the possibility of conflicting decisions in the separate
354	arbitration proceedings.
355	(d)  Prejudice resulting from a failure to consolidate is
356	not outweighed by the risk of undue delay or prejudice to the
357	rights of or hardship to parties opposing consolidation.
358	(2)  The court may order consolidation of separate
359	arbitration proceedings as to some claims and allow other claims
360	to be resolved in separate arbitration proceedings.
361	(3)  Nothing in this section is intended to prevent a
362	party's participation in a class-action lawsuit.
363	Section 10.  Section 682.05, Florida Statutes, is amended
364	to read:
365	682.05  Majority action by arbitrators.--The powers of the
366	arbitrators shall may be exercised by a majority of their
367	number, but all of them shall conduct the hearing under s.
368	682.052 unless otherwise provided in the agreement or provision
369	for arbitration.
370	Section 11.  Section 682.052, Florida Statutes, is created
371	to read:
372	682.052  Arbitration process.--
373	(1)  An arbitrator must conduct an arbitration in a manner
374	that is fundamentally fair. "Fundamental fairness" includes
375	notice, an opportunity to be heard, an opportunity to present
376	relevant and material evidence, an opportunity for argument
377	before the decisionmakers, and an unbiased decisionmaker.
378	(2)  The authority conferred upon the arbitrator includes
379	the power to hold conferences with the parties to the
380	arbitration proceeding before the hearing and, among other
381	matters, determine the admissibility, relevance, materiality,
382	and weight of any evidence in accordance with the Florida Rules
383	of Evidence and the Florida Rules of Civil Procedure.
384	(3)  Unless after a dispute arises both parties settle the
385	dispute or in cases of extreme hardship, both parties or their
386	attorneys must be physically present at all hearings and
387	conferences with the arbitrator.
388	(4)  An arbitrator may decide a request for summary
389	disposition of a claim or particular issue:
390	(a)  If all interested parties agree to permit summary
391	disposition of the issue; or
392	(b)  Upon request of one party to the arbitration
393	proceeding if that party gives actual, written notice to all
394	other parties to the proceeding in the manner provided in s.
395	682.031, and the other parties have been given 30 days to
396	respond after receiving such notice.
397	Section 12.  Section 682.06, Florida Statutes, is amended
398	to read:
399	682.06  Hearing.--Unless otherwise provided by the
400	agreement or provision for arbitration:
401	(1)(a)  The arbitrators shall appoint a time and place for
402	the hearing and cause notification to the parties to be served
403	personally or by registered or certified mail not less than 5
404	days before the hearing. Notice shall include a statement that a
405	party is entitled to representation. Appearance at the hearing
406	does not waive waives a party's right to object to the
407	proceeding on the basis of insufficient notice or lack of such
408	notice. The arbitrators may adjourn their hearing from time to
409	time upon their own motion and shall do so upon the request of
410	any party to the arbitration for good cause shown, provided that
411	no adjournment or postponement of their hearing shall extend
412	beyond the date fixed in the agreement or provision for making
413	the award unless the parties consent to a later date. An umpire
414	authorized to hear and decide the cause upon failure of the
415	arbitrators to agree upon an award shall, in the course of his
416	or her jurisdiction, have like powers and be subject to like
417	limitations thereon.
418	(b)  The arbitrators, or umpire in the course of his or her
419	jurisdiction, may hear and decide the controversy upon the
420	evidence produced notwithstanding the failure or refusal of a
421	party duly notified of the time and place of the hearing to
422	appear. The court on application may direct the arbitrators, or
423	the umpire in the course of his or her jurisdiction, to proceed
424	promptly with the hearing and making of the award.
425	(2)  The parties are entitled to be heard, to present
426	evidence material to the controversy and to cross-examine
427	witnesses appearing at the hearing in accordance with the
428	Florida Rules of Evidence and the Florida Rules of Civil
429	Procedure.
430	(3)  The hearing shall be conducted by all of the
431	arbitrators but a majority may determine any question and render
432	a final award. An umpire authorized to hear and decide the cause
433	upon the failure of the arbitrators to agree upon an award shall
434	sit with the arbitrators throughout their hearing but shall not
435	be counted as a part of their quorum or in the making of their
436	award. If, during the course of the hearing, an arbitrator for
437	any reason ceases to act, a replacement arbitrator must be
438	appointed in accordance with s. 682.04 to continue the
439	proceeding and to resolve the controversy the remaining
440	arbitrator, arbitrators or umpire appointed to act as neutrals
441	may continue with the hearing and determination of the
442	controversy.
443	Section 13.  Section 682.07, Florida Statutes, is amended
444	to read:
445	682.07  Representation by attorney.--A party has the right
446	to be represented by an attorney at any arbitration proceeding
447	or hearing under this law. A waiver thereof prior to the
448	proceeding or hearing is ineffective. The parties to an
449	arbitration must be provided with information concerning
450	institutions that might offer assistance, such as bar
451	associations, legal service associations, civil rights
452	organizations, and trade unions.
453	Section 14.  Section 682.08, Florida Statutes, is amended
454	to read:
455	682.08  Witnesses, subpoenas, depositions, discovery.--
456	(1)  Arbitrators, or an umpire authorized to hear and
457	decide the cause upon failure of the arbitrators to agree upon
458	an award, in the course of her or his or her jurisdiction, may
459	issue subpoenas for the attendance of witnesses and for the
460	production of books, records, documents and other evidence, and
461	shall have the power to administer oaths. Subpoenas so issued
462	shall be served, and upon application to the court by a party to
463	the arbitration or the arbitrators, or the umpire, enforced in
464	the manner provided by law for the service and enforcement of
465	subpoenas in a civil action. The issuance of a subpoena must be
466	included in the record of the arbitration.
467	(2)  On application of a party to the arbitration and for
468	use as evidence, the arbitrators, or the umpire in the course of
469	her or his or her jurisdiction, may permit a deposition to be
470	taken, in the manner and upon the terms designated by them or
471	her or him or her of a witness who cannot be subpoenaed or is
472	unable to attend the hearing. Any deposition must be conducted
473	in the manner provided by the Florida Rules of Civil Procedure.
474	A copy of every deposition given by a witness called to testify
475	during the arbitration must be filed and included in the record
476	of the arbitration.
477	(3)  A party must, without awaiting a discovery request
478	from the arbitrator, provide to the arbitrator and the other
479	parties:
480	(a)  The name and, if known, the address and telephone
481	number of each individual likely to have discoverable
482	information, along with the subjects of that information that
483	the disclosing party seeks authorization to use in support of
484	its claims or defenses.
485	(b)  A copy, or a description by category and location, of
486	all documents, electronically stored information, and tangible
487	evidence that the disclosing party has in its possession,
488	custody, or control and may use to support its claims or
489	defenses.
490
491	All information furnished under this subsection shall be entered
492	into the record of the arbitration.
493	(4)  Discovery shall be conducted in a manner consistent
494	with the Florida Rules of Civil Procedure and general law.
495	(5)  A party to an arbitration may petition an arbitrator
496	to permit additional discovery, as provided by the Florida Rules
497	of Civil Procedure and consistent with general law, as the
498	arbitrator decides is appropriate in the circumstances, taking
499	into account the needs of the parties to the arbitration
500	proceeding and other affected persons and the desirability of
501	making the proceeding fair, expeditious, and cost effective.
502	(6)  The arbitrator may order a party to the arbitration
503	proceeding to comply with the arbitrator's discovery-related
504	orders, issue subpoenas for the attendance of a witness and for
505	the production of records and other evidence at a discovery
506	proceeding, and take action against a noncomplying party to the
507	extent a court could if the controversy were the subject of a
508	civil action in this state.
509	(7)  An arbitrator may only issue a protective order to
510	prevent the disclosure of privileged information, confidential
511	information, and trade secrets only under circumstances in which
512	a court could issue a protective order if the arbitrator makes a
513	finding on the record that any public interest in disclosure of
514	information relevant to the protection of public health and
515	safety is outweighed by a specific and substantial harm that
516	would result from disclosure.
517	(8)(3)  All provisions of law compelling a person under
518	subpoena to testify are applicable.
519	(9)  The court may enforce a subpoena or discovery-related
520	order for the attendance of a witness within the state and for
521	the production of records and other evidence issued by an
522	arbitrator considered by an arbitrator in connection with an
523	arbitration proceeding in another state and consistent with the
524	laws of the jurisdiction. A subpoena or discovery-related order
525	issued by an arbitrator in another state must be served in the
526	manner provided by law for service of subpoenas in a civil
527	action in the state and, upon motion to the court by a party to
528	the arbitration proceeding or the arbitrator, enforced in the
529	manner provided by law for enforcement of subpoenas in a civil
530	action in the state.
531	(10)  All witnesses must be under oath during testimony,
532	including testimony given during a deposition.
533	(11)(4)  Fees for attendance as a witness shall be the same
534	as for a witness in the circuit court.
535	Section 15.  Section 682.085, Florida Statutes, is created
536	to read:
537	682.085  Judicial enforcement of preaward ruling.--A party
538	may request the arbitrator to incorporate any preaward ruling in
539	favor of a party to the arbitration proceeding into an award
540	made pursuant to s. 682.09. The court shall issue an order to
541	confirm the award unless the court vacates, modifies, or
542	corrects the award under ss. 682.13 and 682.14.
543	Section 16.  Section 682.09, Florida Statutes, is amended
544	to read:
545	682.09  Award.--
546	(1)  The award shall be in writing and shall contain a
547	summary of the issues considered, the arbitrator's findings on
548	the issues, their reasons, the damages and any other relief
549	requested and awarded, a statement of any other issues resolved,
550	the discovery list required under s. 682.08, and a statement
551	regarding the disposition of any statutory claims. The award
552	shall be signed by the arbitrators joining in the award or by
553	the umpire in the course of his or her jurisdiction. A copy of
554	the award shall be delivered They or he or she shall deliver a
555	copy to each party to the arbitration either personally or by
556	registered or certified mail, or as provided in the agreement or
557	provision.
558	(2)  An award shall be made within the time fixed therefor
559	by the agreement or provision for arbitration or, if not so
560	fixed, within such time as the court may order on application of
561	a party to the arbitration. The parties may, by written
562	agreement, extend the time either before or after the expiration
563	thereof. Any objection that an award was not made within the
564	time required is waived unless the objecting party notifies the
565	arbitrators or umpire in writing of his or her objection prior
566	to the delivery of the award to him or her.
567	(3)  The written opinion, including all evidence required
568	to be filed under this chapter and the opinion and award, shall
569	be entered into the public record by filing with the clerk of
570	the court of the proper jurisdiction over the arbitration.
571	Section 17.  Section 682.11, Florida Statutes, is amended
572	to read:
573	682.11  Remedies; fees and expenses of arbitration.--
574	(1)  An arbitrator may award punitive damages or other
575	exemplary relief to the extent that he or she would be
576	authorized by law in a civil action involving the same claim and
577	the evidence produced at the hearing justifies the award under
578	the legal standards otherwise applicable to the claim.
579	(2)  Unless otherwise agreed to by the parties to the
580	arbitration, the circuit court shall establish the amount of
581	compensation, if any, that each arbitrator or umpire shall
582	receive for services rendered in each case. Unless otherwise
583	provided in the agreement or provision for arbitration, The
584	arbitrators' and umpire's expenses and fees, together with other
585	expenses, not including counsel fees, incurred in the conduct of
586	the arbitration, shall be paid as provided in the award. All
587	fees must be itemized in the award. Expenses and fees may not
588	exceed the limits of court fees awarded in a civil action
589	involving the same claim.
590	(3)  An arbitrator shall award reasonable attorney's fees
591	and other reasonable expenses of arbitration to the extent that
592	they are authorized by law in a civil action involving the same
593	claim or by the agreement of the parties to the arbitration
594	proceeding.
595	(4)  Upon a showing by the consumer, evidenced by an
596	affidavit that includes a statement of financial resources
597	possessed by the consumer, that the consumer is unable to pay
598	the costs of arbitration, the court may order such costs to be
599	shared between the two parties in an equitable manner. A
600	nonconsumer may be ordered to pay the entire cost of an
601	arbitration when continuing the arbitration proceeding would
602	create a financial hardship due to a consumer's lack of
603	financial resources.
604	(5)  If an arbitrator awards punitive damages or other
605	exemplary relief under subsection (1), the arbitrator shall
606	specify in the award the basis in fact justifying and the basis
607	in law authorizing the award and state separately the amount of
608	the punitive damages or other exemplary relief.
609	Section 18.  Section 682.12, Florida Statutes, is amended
610	to read:
611	682.12  Confirmation of an award.--After a party to an
612	arbitration proceeding receives notice of an award and upon
613	application of a party to the arbitration, the court shall
614	confirm an award, unless within the time limits hereinafter
615	imposed grounds are urged for vacating or modifying or
616	correcting the award, in which case the court shall proceed as
617	provided in ss. 682.13 and 682.14.
618	Section 19.  Section 682.13, Florida Statutes, is amended
619	to read:
620	682.13  Vacating an award.--
621	(1)  Upon application of a party, the court shall vacate an
622	award when:
623	(a)  The award was procured by corruption, fraud, or other
624	undue means.
625	(b)  There was evident partiality by an arbitrator
626	appointed as a neutral or corruption in any of the arbitrators
627	or umpire or misconduct prejudicing the rights of any party.
628	(c)  The arbitrators or the umpire in the course of her or
629	his or her jurisdiction exceeded their powers. Partiality may be
630	demonstrated by the appearance of bias, provided that bias is
631	apparent based upon established facts. Such facts are not
632	limited to those facts disclosed by the arbitrator or arising
633	during the course of the arbitration. The mere nondisclosure of
634	facts that demonstrate potential arbitrator bias creates a
635	presumption of partiality.
636	(d)  The arbitrators or the umpire in the course of her or
637	his or her jurisdiction refused to postpone the hearing upon
638	sufficient cause being shown therefor or refused to hear
639	evidence material to the controversy or otherwise so conducted
640	the hearing, contrary to the provisions of s. 682.06, as to
641	prejudice substantially the rights of a party.
642	(e)  There was no agreement or provision for arbitration
643	subject to this law, unless the matter was determined in
644	proceedings under s. 682.03 and unless the party participated in
645	the arbitration hearing without raising the objection.
646	(f)  The arbitration was conducted without proper notice of
647	the initiation of any stage of arbitration as required pursuant
648	to s. 682.043 so as to prejudice substantially the rights of a
649	party to the arbitration proceeding.
650	(g)  The arbitration award is inconsistent with applicable
651	law.
652	(h)  The arbitration award violates public policy.
653	(i)  The arbitration award is arbitrary and capricious or
654	lacks a rational basis.
655	(j)  The arbitration award is not supported by substantial
656	evidence on the record as a whole.
657
658	But the fact that the relief was such that it could not or would
659	not be granted by a court of law or equity is not ground for
660	vacating or refusing to confirm the award.
661	(2)  In addition to the grounds to vacate an award under
662	subsection (1), the parties may contract in the arbitration
663	agreement for judicial review of errors of law in the
664	arbitration award. If they have so contracted, the court shall
665	vacate the award if the arbitrator has committed an error of law
666	substantially prejudicing the rights of a party.
667	(3)(2)  An application under this section shall be made
668	within 90 days after delivery of a copy of the award to the
669	applicant, except that, if predicated upon corruption, fraud, or
670	other undue means, it shall be made within 90 days after such
671	grounds are known or should have been known. A court may extend
672	any time limitation in this subsection upon a showing of good
673	cause.
674	(4)(3)  In vacating the award on grounds other than those
675	stated in paragraph (1)(e), the court may order a rehearing
676	before new arbitrators chosen as provided in the agreement or
677	provision for arbitration or by the court in accordance with s.
678	682.04, or, if the award is vacated on grounds other than those
679	provided set forth in paragraphs (1)(a)(c) and (e)(d), the court
680	may order a rehearing before the arbitrators or umpire who made
681	the award or their successors appointed in accordance with s.
682	682.04. The time within which the agreement or provision for
683	arbitration requires the award to be made is applicable to the
684	rehearing and commences from the date of the order therefor.
685	(5)(4)  If the application to vacate is denied and no
686	motion to modify or correct the award is pending, the court
687	shall confirm the award.
688	Section 20.  Section 682.14, Florida Statutes, is amended
689	to read:
690	682.14  Modification or correction of award.--
691	(1)  Upon application made within 90 days after delivery of
692	a copy of the award to the applicant, the court shall modify or
693	correct the award when:
694	(a)  There is an evident miscalculation of figures or an
695	evident mistake in the description of any person, thing, or
696	property referred to in the award.
697	(b)  The arbitrators or umpire have awarded upon a matter
698	not submitted to them or him or her and the award may be
699	corrected without affecting the merits of the decision upon the
700	issues submitted.
701	(c)  The award is imperfect as a matter of form, not
702	affecting the merits of the controversy, including cases where
703	fees awarded exceed the amount that would be assessed in a
704	comparable civil claim in state court.
705	(2)  If the application is granted, the court shall modify
706	and correct the award so as to effect its intent and shall
707	confirm the award as so modified and corrected. Otherwise, the
708	court shall confirm the award as made.
709	(3)  An application to modify or correct an award may be
710	joined in the alternative with an application to vacate the
711	award.
712	(4)  Irrespective of the time periods established under
713	this section and s. 682.13, a consumer may also seek to modify
714	or vacate an award issued pursuant to a consumer arbitration
715	agreement within 30 days after receiving notice of a motion to
716	confirm the award.
717	Section 21.  Section 682.15, Florida Statutes, is amended
718	to read:
719	682.15  Judgment or decree on award.--Upon the granting of
720	an order confirming, vacating without directing a rehearing,
721	modifying, or correcting an award, judgment or decree shall be
722	entered in conformity therewith and be enforced as any other
723	judgment or decree. The judgment may be recorded, docketed, and
724	enforced as any other judgment in a civil action. Costs of the
725	application and of the proceedings subsequent thereto, and
726	disbursements may be awarded by the court.
727	Section 22.  Section 682.20, Florida Statutes, is amended
728	to read:
729	682.20  Appeals.--
730	(1)  An appeal may be taken from the arbitration to a court
731	with proper jurisdiction upon:
732	(a)  An order denying or granting an application to compel
733	arbitration made under s. 682.03.
734	(b)  An order granting an application to stay arbitration
735	made under s. 682.03(2)-(4).
736	(c)  A decision regarding the impartiality or lack of
737	conflict on the part of the arbitrator.
738	(d)  An evidentiary ruling, except as provided in paragraph
739	(2)(a), after final award or decision.
740	(2)  The following rules may be reviewed by writ of
741	certiorari:
742	(a)  A ruling concerning evidentiary privileges or
743	confidentiality rights of the parties.
744	(b)  A grant of a protective order preventing the
745	disclosure of privileged information, confidential information,
746	or trade secrets under s. 682.08.
747	(3)  An appeal may be taken from a circuit or county court
748	to a court of appeals on the basis of any decision made in
749	subsection (1) or subsection (2) and upon:
750	(a)(c)  An order confirming or denying confirmation of an
751	award;.
752	(b)(d)  An order modifying or correcting an award;.
753	(c)(e)  An order vacating an award without directing a
754	rehearing; or.
755	(d)(f)  A judgment or decree entered pursuant to the
756	provisions of this law.
757	(4)(2)  The appeal or petition for certiorari shall be
758	taken in the manner and to the same extent as from orders or
759	judgments in a civil action.
760	Section 23.  Section 682.202, Florida Statutes, is created
761	to read:
762	682.202  Relationship to Electronic Signatures in Global
763	and National Commerce Act.--This chapter modifies, limits, and
764	supersedes the federal Electronic Signatures in Global and
765	National Commerce Act, 15 U.S.C. ss. 7001 et. seq., but does not
766	modify, limit, or supersede s. 101(c) of that act, or authorize
767	electronic delivery of any of the notices described in s. 103(b)
768	of that act.
769	Section 24.  Section 682.203, Florida Statutes, is created
770	to read:
771	682.203  Regulation of arbitration service providers.--
772	(1)  Any arbitration organization that administers or is
773	otherwise involved in 10 or more consumer arbitrations a year
774	shall collect, publish at least quarterly, and make available to
775	the public in a computer searchable, sortable, and downloadable
776	database that permits searching with multiple search terms in
777	the same search all of the information in paragraphs (a)-(i)
778	regarding each consumer arbitration within the preceding 5
779	years. Such information shall be prominently displayed,
780	accessible, and easily comprehensible to an ordinary user with
781	ordinary knowledge of computer databases, at the Internet
782	website of the private arbitration organization, and on paper
783	upon request:
784	(a)  The name of any corporation or other business entity
785	that is party to the arbitration.
786	(b)  The type and subject matter of the transaction that
787	gave rise to the dispute involved, including, but not limited
788	to, goods, banking, insurance, health care, debt collection,
789	employment, and, if it involves employment, the amount of the
790	employee's annual wage divided into the following ranges:
791	1.  Less than $100,000.
792	2.  From $100,000 to $250,000, inclusive.
793	3.  More than $250,000.
794	(c)  The name of the prevailing party.
795	(d)  The number of occasions, if any, a corporation or
796	business entity that is a party to an arbitration has previously
797	been a party in an arbitration or mediation administered by the
798	arbitration organization.
799	(e)  Whether or not the consumer in each prior arbitration
800	was represented by an attorney and, if so, the identifying
801	information for that attorney, including the attorney's name,
802	law firm affiliation, business telephone number, and the address
803	of the attorney's law firm.
804	(f)  The date the arbitration organization received the
805	demand for arbitration, the date the arbitrator was appointed,
806	and the date of disposition by the arbitrator or arbitration
807	organization.
808	(g)  The type of disposition of the dispute, if known,
809	including withdrawal, abandonment, settlement, award after
810	hearing, award without hearing, default, or dismissal without
811	hearing.
812	(h)  The amount of the claim, the amount of the award, and
813	any other relief granted.
814	(i)  The name of the arbitrator, his or her fee for the
815	case, and the percentage of the arbitrator's fee allocated to
816	each party.
817	(2)  If the required information is provided by the
818	arbitration organization in a computer-searchable format at the
819	company's Internet website and may be downloaded without any
820	fee, the company may charge the actual cost of copying to any
821	person who requests the information on paper. If the information
822	required is not accessible by the Internet, the company shall
823	provide that information without charge to any person who
824	requests the information on paper.
825	(3)  All fees and costs charged to or assessed in the state
826	against a consumer by an arbitration organization in a consumer
827	arbitration shall be waived for any person having a gross
828	monthly income that is less than 500 percent of the poverty line
829	as defined in 42 U.S.C. s. 9902(2).
830	(4)  Prior to requesting or obtaining any fee, an
831	arbitration organization shall provide written notice of the
832	right to obtain a waiver of fees in a manner calculated to bring
833	the matter to the attention of a reasonable consumer, including,
834	but not limited to, prominently placing a notice in its first
835	written communication to a consumer and in any invoice, bill,
836	submission form, fee schedule, rules, or code of procedure.
837	(5)  Any person requesting a waiver of fees or costs may
838	establish eligibility by making a declaration under oath on a
839	form provided by the arbitration organization indicating the
840	person's monthly income and the number of persons living in the
841	household. No arbitration organization may require a consumer to
842	provide any further statement or evidence of indigence. The form
843	and the information contained therein shall be confidential and
844	shall not be disclosed to any adverse party or any nonparty to
845	the arbitration.
846	(6)  An arbitration organization shall not keep
847	confidential the number of waiver requests received or granted,
848	or the total amount of fees waived, and must disclose all fees
849	charged.
850	(7)  An arbitrator or arbitration organization may not
851	administer an arbitration under any agreement or rule requiring
852	that a consumer who is a party to the arbitration pay the fees
853	and costs incurred by any opposing party if the consumer does
854	not prevail in the arbitration, including, but not limited to,
855	the fees and costs of the arbitrator, provider organization,
856	attorney, or witnesses.
857	(8)  An arbitration organization may not administer a
858	consumer arbitration to be conducted in the state, or provide
859	any other services related to such a consumer arbitration, if:
860	(a)  The arbitration organization has, or within the
861	preceding year has had, a financial interest in any party or
862	attorney for a party involved in the arbitration; or
863	(b)  Any party or attorney for a party in the arbitration
864	has, or within the preceding year has had, any type of financial
865	interest in the arbitration organization.
866	(9)  Any affected person or entity, including the Office of
867	the Attorney General, can request a court to enjoin an
868	arbitration organization from violating the provisions of this
869	section and order such restitution as appropriate. The
870	arbitration organization shall be liable for that person's or
871	entity's reasonable attorney's fees and costs when that person
872	or entity prevails or when, after the action is commenced, the
873	arbitration organization voluntarily complies with the section.
874	Section 25.  Section 682.204, Florida Statutes, is created
875	to read:
876	682.204  Disclosure of arbitration costs.--
877	(1)  A party drafting an arbitration agreement shall
878	clearly and conspicuously disclose in regard to any arbitration:
879	(a)  The filing fee.
880	(b)  The average daily cost for an arbitrator and hearing
881	room if the consumer elects to appear in person.
882	(c)  Other charges that the arbitrator or arbitration
883	service provider will assess in conjunction with an arbitration
884	when the consumer appears in person.
885	(d)  The proportion of these costs which each party bears
886	in the event that the consumer prevails and in the event that
887	the consumer does not prevail.
888	(2)  The costs specified in subsection (1) need not include
889	attorney's fees and, to the extent that, with regard to the
890	disclosures required by subsection (1), a precise amount is not
891	known, the disclosures may be based on reasonable, good-faith
892	estimate. A party providing a reasonable, good-faith cost
893	estimate shall not be liable if the actual costs of a particular
894	arbitration varies within reason from the estimate provided.
895	(3)  Failure to comply with the provisions of this section
896	constitutes a deceptive act pursuant to the Florida Deceptive
897	and Unfair Trade Practices Act. Further, the information
898	provided in the disclosure can be considered in a determination
899	of whether an arbitration agreement is unconscionable or is
900	otherwise not enforceable under other law.
901	(4)  Any person or entity, including the Office of the
902	Attorney General, can request a court to enjoin the drafting
903	party from violating the provisions of this section as to
904	agreements it enters into in the future. The drafting party
905	shall be liable to the person or entity bringing such an action
906	for that person or entity's reasonable attorney's fees and costs
907	where the court issues an injunction or where, after the action
908	is commenced, the drafting party voluntarily complies with the
909	Florida Deceptive and Unfair Trade Practices Act.
910	Section 26.  This act shall take effect July 1, 2008, and
911	shall apply to agreements and provisions for arbitration made
912	subsequent to the effect date of this act.

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