1

The Committee on Commerce (Justice) recommended the following

2

amendment:

3

4

     Senate Amendment (with title amendment)

5

     Delete everything after the enacting clause

6

and insert:

7

     Section 1.  Section 682.501, Florida Statutes, is created to

8

read:

9

     682.501 Florida Consumer Arbitration Act.--Sections

10

682.501-682.521 may be cited as the "Florida Consumer Arbitration

11

Act."

12

     Section 2.  Section 682.502, Florida Statutes, is created to

13

read:

14

     682.502 Definitions.--As used in ss. 682.501-682.521, the

15

term:

16

     (1) "Arbitration organization" means an association,

17

agency, board, commission, or other entity that is neutral and

18

initiates, sponsors, or administers an arbitration proceeding or

19

is involved in the appointment of an arbitrator.

20

     (2) "Arbitrator" means a neutral individual appointed to

21

render an award, alone or with others, in a controversy that is

22

subject to an agreement to arbitrate.

23

     (3) "Consumer" means a party to an arbitration agreement

24

who, in the context of that arbitration agreement, is an not a

25

business, but an individual who seeks or acquires, including by

26

lease, any goods or services primarily for personal, family, or

27

household purposes, including, but not limited to, transactions

28

involving banking, credit cards, home loans, and other financial

29

services, healthcare services, brokerage services, home

30

construction and improvements, insurance, communications,

31

purchases or leases of motor vehicles and other personal

32

property, and purchases or leases of real property. This

33

definition may not be construed to restrict the ability of

34

consumers to pursue arbitration on a group basis or render this

35

definition inapplicable to arbitrations involving multiple

36

consumer parties.

37

     (4) "Consumer arbitration agreement" means a standardized

38

contract between a party who is a consumer and a party who is

39

not a consumer, written by the party who is not a consumer,

40

which includes a provision requiring that disputes arising after

41

the contract is signed be submitted to binding arbitration.

42

     (5) "Court" means any court of competent jurisdiction of

43

this state. The making of an agreement or provision for

44

arbitration subject to this act and providing for arbitration in

45

this state shall, whether made within or outside this state,

46

confer jurisdiction on the court to enforce the agreement or

47

provision under this act, refuse to enforce the agreement, enter

48

judgment on an award duly rendered in an arbitration thereunder,

49

or vacate, modify, or correct an award rendered thereunder for

50

such cause and in the manner provided in this act.

51

     (6) "Evident partiality" means that a reasonable person

52

would conclude that the arbitrator was partial to one party to

53

the arbitration, or it may be reasonably inferred that the

54

arbitrator would tend to favor one of the parties to a dispute.

55

This definition does not require the party alleging such

56

partiality to prove that the arbitrator was actually prejudiced.

57

     (7) "Financial interest" means holding a position in a

58

business as officer, director, trustee, or partner, holding any

59

position in management, or owning more than 5 percent of the

60

total interest in a business.

61

     (8) "Knowledge" means actual knowledge.

62

     (9) "Person" means an individual, corporation, business

63

trust, estate, trust, partnership, public corporation, limited

64

liability company, association, joint venture, or a government,

65

governmental subdivision, agency, or instrumentality, or any

66

other legal or commercial entity.

67

     (10) "Record" means information inscribed on a tangible

68

medium or stored in an electronic or other medium and

69

retrievable in perceivable form.

70

     Section 3.  Section 682.503, Florida Statutes, is created to

71

read:

72

     682.503 Application in general.--

73

     (1) Except as otherwise provided in ss. 682.501-682.521,

74

the provisions of this act apply to consumer arbitration

75

agreements. Notwithstanding any provision of ss. 682.01-682.022

76

to the contrary, the provisions of ss. 682.01-682.022 do not

77

apply to any arbitration agreement to which ss. 682.501-682.521

78

apply.

79

     (2) Every provision in an insurance policy requiring

80

arbitration or restricting a party or beneficiary from enforcing

81

any right under the policy by usual legal proceedings or

82

limiting the time to do so is void and unenforceable.

83

     (3) A provision for mandatory binding arbitration within

84

any arbitration agreement is void and unenforceable except to

85

the extent federal law provides for its enforceability.

86

     (4) This chapter does not apply to any arbitrator or any

87

arbitration organization in an arbitration proceeding governed by

88

rules adopted by a securities self-regulatory organization and

89

approved by the United States Securities and Exchange Commission

90

under the Securities and Exchange Act of 1934, 15 U.S.C. s. 78s.

91

     Section 4.  Section 682.504, Florida Statutes, is created to

92

read:

93

     682.504 Effect of agreement to arbitrate; nonwaivable

94

provisions.--

95

     (1) Except as otherwise provided in subsections (2) and

96

(3), a party to an agreement to arbitrate or to an arbitration

97

proceeding may waive, or the parties may vary the effect of, the

98

requirements of ss. 682.501-682.521 to the extent permitted by

99

law.

100

     (2) Before a controversy arises that is subject to an

101

agreement to arbitrate, a party to the agreement may not:

102

     (a) Waive or agree to vary the effect of the requirements

103

of s. 682.503, s. 682.506, , s. 682.508, s. 682.512(1) s.

104

682.514, or s. 682.518; or

105

     (b) Waive the right under s. 682.510 of a party to an

106

agreement to arbitrate to be represented by a lawyer at any

107

proceeding or hearing under ss. 682.501-682.521. However, an

108

employer and a labor organization may waive the right to

109

representation by a lawyer in a labor arbitration.

110

     (3) A party to an agreement to arbitrate or an arbitration

111

proceeding may not waive, or the parties may not vary the effect

112

of, the requirements of this section, s. 682.503(1) or (3), s.

113

682.505, s. 682.513, s. 682.516, , s. 682.515, , or s. 682.519,

114

except that, if there exists an agreement to arbitrate disputes

115

over insurance obligations by two or more people engaged in the

116

business of insurance, including, but not limited to,

117

reinsurers, self-insurers, or reinsurance intermediaries, or any

118

combination thereof, the parties to the agreement may waive the

119

right to vacate under s. 682.515.

120

     (4) A party to an agreement to arbitrate or to an

121

arbitration proceeding may not narrow the grounds for vacating

122

an award set forth in s. 682.515, except in a subsequent

123

agreement for consideration made after the controversy that is

124

at issue in the arbitration has arisen.

125

     (5) A party to an agreement that submits to having or

126

agrees to have a court decide an issue subject to arbitration has

127

waived his or her right to arbitrate. This includes, but is not

128

limited to, initiating a suit or responding to a suit in any

129

manner other than by a motion to compel arbitration.

130

     Section 5.  Section 682.505, Florida Statutes, is created to

131

read:

132

     682.505 Proceedings to compel and to stay arbitration.-- A

133

party to an agreement or provision for arbitration which is

134

subject to this act who claims the neglect or refusal of another

135

party to comply, or who claims that the agreement or provision

136

does not apply, may make application to the court for an order

137

determining applicability of the agreement or provision to the

138

case or controversy or the application of this act. The court

139

shall summarily hear and determine the issue. If the court is

140

satisfied that no substantial issue exists as to the making of

141

the agreement or provision, that an arbitratable issue exists,

142

that the arbitration agreement is not void as against public

143

policy, or that the right to arbitration has not been waived, it

144

shall grant the application.

145

     Section 6.  Section 682.506, Florida Statutes, is created to

146

read:

147

     682.506 Notice and initiation of arbitration.--

148

     (1) A person gives notice to another party by delivering

149

notice to the party's place of residence by certified or

150

registered mail, return receipt requested and obtained, or by

151

in-hand delivery, with notice of service of process.     

152

     (2) Unless initiated by a consumer, a person or entity

153

initiates an arbitration proceeding by giving notice in a record

154

to the other parties to the agreement to arbitrate by certified

155

or registered mail, return receipt requested and obtained, or by

156

service as authorized for the commencement of a civil action.

157

The notice must describe the nature of the controversy and the

158

remedy sought.

159

     Section 7.  Section 682.507, Florida Statutes, is created to

160

read:

161

     682.507 Appointment of arbitrators by court.--

162

     (1) The parties shall select the arbitrator or arbitrators

163

after the arbitration has been initiated. If the parties are

164

unable to come to an agreement, the court shall appoint one or

165

more arbitrators or an umpire deemed by both parties to be

166

acceptable.

167

     (2) An individual may not serve as an arbitrator if the

168

individual has, at the time of arbitration or at some time in

169

the past, a direct and material interest in the outcome of the

170

arbitration proceeding, an existing relationship with a party,

171

or any other interest more than a de minimis interest which

172

could be affected by the proceeding.

173

     (3) An individual may not serve as an arbitrator if the

174

arbitration service through which the individual has been

175

contracted has an interest, direct or indirect, including a

176

financial interest in the outcome of the arbitration.

177

     Section 8.  Section 682.508, Florida Statutes, is created to

178

read:

179

     682.508 Disclosure by arbitrator.--

180

     (1) Before accepting appointment, an individual or

181

arbitration organization who is requested to serve as an

182

arbitrator shall disclose to all parties to the agreement to

183

arbitrate, the arbitration proceeding, and to any other

184

arbitrators involved in the proceedings any facts that might

185

affect, or appear to affect, the impartiality of the arbitrator

186

in the arbitration proceeding, including:

187

     (a) Any personal or financial interest in the outcome of

188

the arbitration proceeding.

189

     (b) Any existing or past relationship with any of the

190

parties to the agreement to arbitrate or the arbitration

191

proceeding, their counsel or representatives, a witness, or

192

other arbitrators, including the number of past arbitrations

193

conducted involving either party, the outcomes of those past

194

arbitrations, and the dates of decision.

195

     (2) The parties must be informed that information

196

concerning the arbitration service provider's past cases is

197

available in a hard copy or on the provider's website.

198

     (3) An arbitrator has a continuing obligation to disclose

199

to all parties to the agreement to arbitrate and the arbitration

200

proceeding and to any other arbitrators involved in the

201

proceeding any facts that the arbitrator learns after accepting

202

appointment which might affect, or appear to affect, the

203

impartiality of the arbitrator, including, but not limited to,

204

the information or facts required to be disclosed under

205

subsection (1).

206

     (4) If an arbitrator fails to comply with subsection (1)

207

or subsection (3), or if an arbitrator reveals facts that could

208

affect the impartiality of the arbitrator, the party may make a

209

motion to the court for an expedited order to remove the

210

arbitrator and appoint a successor.

211

     (5) If circumstances do not exist which would affect the

212

impartiality of any designated arbitrator, such arbitrator shall

213

sign an oath provided by the court affirming the absence of such

214

present or preexisting ties.

215

     Section 9.  Section 682.509, Florida Statutes, is created to

216

read:

217

     682.509 Majority action by arbitrators.--The powers of the

218

arbitrators shall be exercised by a majority of their number, but

219

all of them shall conduct the hearing under s. 682.510 and

220

682.511.

221

     Section 10.  Section 682.510, Florida Statutes, is created

222

to read:

223

     682.510 Arbitration process.--

224

     (1) An arbitrator must conduct an arbitration in a manner

225

that is fundamentally fair. "Fundamental fairness" includes

226

notice, an opportunity to be heard, an opportunity to present

227

relevant and material evidence, an opportunity for argument

228

before the decisionmakers, and an unbiased decisionmaker. A

229

party has the right to be represented by an attorney at any

230

arbitration proceeding or hearing subject to this act. A waiver

231

made before the proceeding or hearing has no effect. Any

232

consumer who is a party to an arbitration agreement must be

233

provided with information concerning institutions which might

234

offer assistance in an arbitration proceeding, such as bar

235

associations, legal service associations, civil rights

236

organizations, and trade unions.

237

     (2) After the court has made determinations under s.

238

682.505, the authority conferred upon the arbitrator includes

239

the power to hold conferences with the parties to the

240

arbitration proceeding before the hearing and, among other

241

matters, determine the admissibility, relevance, materiality,

242

and weight of any evidence. The scope of discovery and the

243

procedure for any hearings and trials shall be governed by Rule

244

7.020, Florida Small Claims Rules. The parties to an arbitration

245

proceeding may, after the arbitration has been instituted,

246

stipulate in writing to apply arbitration, discovery, or

247

evidentiary rules that vary from this part.

248

     (3) Unless after a dispute arises both parties settle the

249

dispute or in cases of extreme hardship, both parties or their

250

attorneys must be physically present at all hearings and

251

conferences with the arbitrator.

252

     Section 11.  Section 682.511, Florida Statutes, is created

253

to read:

254

     682.511 Hearing.--:

255

     (1)(a) The arbitrator shall give notice as to the a time

256

and place for the hearing not less than 30 days before the date

257

of the initial hearing, and not less than 10 days before the

258

date of any subsequent hearings. Notice shall include a

259

statement that a party is entitled to representation. Appearance

260

at the hearing does not waive a party's right to object to the

261

proceeding on the basis of insufficient notice or lack of

262

notice. The hearing shall be conducted by all of the arbitrators

263

and an umpire, if applicable. If, during the course of the

264

hearing, an arbitrator ceases to act for any reason, a

265

replacement arbitrator must be appointed in accordance with s.

266

682.507 for the purpose of continuing the proceeding and

267

resolving the controversy. The arbitrators may adjourn the

268

hearing from time to time upon their own motion and shall do so

269

upon the request of any party to the arbitration for good cause

270

shown. An umpire authorized to hear and decide the cause upon

271

failure of the arbitrators to agree upon an award shall, in the

272

course of his or her jurisdiction, have like powers and be

273

subject to like limitations thereon.

274

     (2) The parties are entitled to be heard, present evidence

275

material to the controversy, and cross-examine witnesses

276

appearing at the hearing, unless otherwise stipulated by the

277

parties after the cause of action has arisen and the arbitration

278

proceeding has been instituted.

279

     Section 12.  Section 682.512, Florida Statutes, is created

280

to read:

281

     682.512 Witnesses, subpoenas, depositions, discovery.--

282

     (1) An arbitrator, or an umpire authorized to hear and

283

decide the cause upon failure of the arbitrators to agree upon

284

an award, in the course of his or her jurisdiction, may issue

285

subpoenas for the attendance of witnesses and for the production

286

of books, records, documents, and other evidence, and shall have

287

the power to administer oaths. Subpoenas so issued shall be

288

served and, upon application to the court by a party to the

289

arbitration, the arbitrators, or the umpire, enforced in the

290

manner provided by law for the service and enforcement of

291

subpoenas in a civil action. The issuance of a subpoena must be

292

included in the record of the arbitration.

293

     (2) The arbitrator may order a party to the arbitration

294

proceeding to comply with the arbitrator's discovery-related

295

orders, issue subpoenas for the attendance of a witness and for

296

the production of records and other evidence at a discovery

297

proceeding, and take action against a noncomplying party to the

298

extent a court could if the controversy were the subject of a

299

civil action in this state.

300

     (3) An arbitrator may issue a protective order to prevent

301

the disclosure of privileged information, confidential

302

information, and trade secrets only under circumstances in which

303

a court could issue a protective order, and only if the

304

arbitrator makes a finding on the record that any public

305

interest in disclosure of information relevant to the protection

306

of public health and physical or economic safety is outweighed

307

by a specific and substantial harm that would result from

308

disclosure.

309

     (4) All provisions of law compelling a person under

310

subpoena to testify apply.

311

     (5) All witnesses must be under oath during testimony,

312

including testimony given during a deposition.

313

     (6) Fees for attendance as a witness shall be the same as

314

for a witness in the circuit court.

315

     (7) All materials produced, generated, considered, or in

316

any way referenced as part of an arbitration proceeding shall be

317

maintained by the arbitration company and accessible by any

318

consumer seeking information as to the arbitration company for 10

319

years after the arbitration proceeding has been fully and finally

320

concluded, including the expiration of all appeals, if any.

321

     Section 13.  Section 682.513, Florida Statutes, is created

322

to read:

323

     682.513 Award, Opinion, and Judgment.--

324

     (1) An arbitrator or umpires award or opinion shall be in

325

writing and contain a summary and findings of the issues raised

326

and the damages awarded, if any. The award or opinion shall be

327

issued within a reasonable time after the final hearing but not

328

more than 60 days after the date of the final hearing, unless an

329

extension is granted by the court upon a demonstration of good

330

cause. The parties may, by written agreement, extend the

331

deadline. The award shall be signed by the arbitrators joining

332

in the award or by the umpire in the course of his or her

333

jurisdiction. A copy of the award shall be delivered to each

334

party to the arbitration personally or by registered or

335

certified mail.

336

     (2) The written award or opinion, and the agreement or

337

provision for arbitration, shall be entered into the court record

338

by filing with the clerk of the court having jurisdiction over

339

the arbitration at such time as entry of judgment is sought. If a

340

court file has not been previously opened, the party seeking

341

entry of judgment shall pay the applicable filing fee and file

342

the documents specified in this section before a judgment is

343

entered.

344

     (3) After a party to an arbitration proceeding receives

345

notice of the filing of the arbitration opinion as required by

346

subsection (2), the court shall confirm the opinion or award

347

unless the court modifies or vacates an award as provided in ss.

348

682.515 or 682.516.

349

     (4) Upon the granting of an order directing a rehearing or

350

confirming, vacating, modifying, or correcting an award, the

351

judgment or decree shall be entered in conformity therewith and

352

be enforced as any other judgment or decree.

353

     (5) The judgment shall be recorded, docketed, and enforced

354

as any other judgment in a civil action.

355

     Section 14.  Section 682.514, Florida Statutes, is created

356

to read:

357

     682.514 Remedies; fees and expenses of arbitration.--

358

     (1) An arbitrator may award any relief or damages allowed

359

by law and otherwise awardable under the legal standards that

360

would apply to the same claim if brought in a court of law.

361

     (2) Unless otherwise agreed by the parties to the

362

arbitration after the dispute has arisen and the arbitration

363

proceeding instituted, the circuit court shall establish the

364

amount of compensation, if any, that each arbitrator or umpire

365

shall receive for services rendered in each case. Such expenses

366

and fees, together with other expenses incurred in the conduct

367

of the arbitration, shall be reasonable and paid as provided in

368

the award.

369

     (3) An arbitrator shall award reasonable attorney's fees

370

and other reasonable expenses of arbitration to the extent

371

authorized by law in a civil action involving the same claim.

372

     (4) Upon a showing by the consumer, evidenced by an

373

affidavit including a statement of financial resources possessed

374

by the consumer, that the consumer is unable to pay the costs of

375

arbitration, the court may order such costs to be shared between

376

the two parties in an equitable manner. A nonconsumer may be

377

ordered to pay the entire cost of an arbitration if continuing

378

the arbitration proceeding would create a financial hardship due

379

to a consumer's lack of financial resources. This subsection

380

does not apply to any voluntary arbitration proceeding begun by

381

joint stipulation of the parties after a lawsuit has been

382

instituted or conducted pursuant to s. 44.104.

383

     Section 15.  Section 682.515, Florida Statutes, is created

384

to read:

385

     682.515 Vacating an award.--

386

     (1) Upon application of a party, the court shall vacate an

387

award if:

388

     (a) The award was procured by corruption, fraud, or other

389

undue or unjust means.

390

     (b) There exists evident partiality by an arbitrator or

391

umpire, corruption in or by any of the arbitrators or umpire, or

392

misconduct prejudicing the rights of any party. Partiality may

393

be demonstrated by the appearance of bias if bias is apparent

394

based upon established facts, or by facts disclosed pursuant to

395

s. 682.508. Such facts are not limited to those facts disclosed

396

by the arbitrator or arising during the course of the

397

arbitration. The mere nondisclosure of facts that demonstrate

398

potential arbitrator bias creates a presumption of partiality.

399

     (c) The arbitrator or umpire, in the course of his or her

400

jurisdiction, exceeded his or her powers.

401

     (d) The arbitrator or umpire in the course of his or her

402

jurisdiction refused to postpone the hearing upon sufficient

403

cause shown for such postponement, refused to hear evidence

404

material to the controversy, or otherwise so conducted the

405

hearing contrary to the provisions of this act.

406

     (e) No agreement or provision for arbitration subject to

407

this act exists.

408

     (f) The arbitration was conducted without proper notice of

409

the initiation of any stage of arbitration as required by this

410

act.

411

     (g) The arbitration award is inconsistent with applicable

412

law, violates public policy, is arbitrary or capricious or lacks

413

a rational basis, or is not supported by substantial evidence as

414

reflected in the record.

415

     (2) An application under this section shall be made within

416

90 days after date of delivery of a copy of the award to the

417

applicant, except that, if predicated upon corruption, fraud, or

418

other undue means, it shall be made within 90 days after such

419

grounds become known or should have become known. A court may

420

extend any time limitation in this subsection upon a showing of

421

good cause.

422

     (3) In vacating the award on grounds other than those

423

stated in paragraph (1)(e), the court may order a rehearing

424

before new arbitrators chosen as provided in the agreement or

425

provision for arbitration or by the court in accordance with s.

426

682.507, or, if the award is vacated on grounds other than those

427

provided in paragraph (1)(a) or paragraph (1)(e), the court may

428

order a rehearing before the arbitrator or umpire issuing the

429

award or his or her successors appointed in accordance with s.

430

682.507.

431

     Section 16.  Section 682.516, Florida Statutes, is created

432

to read:

433

     682.516 Modification or correction of award.--

434

     (1) Upon application made within 90 days after the date of

435

delivery of a copy of the award to the applicant, the court

436

shall modify or correct the award if:

437

     (a) There is an evident miscalculation of figures or an

438

evident mistake in the description of any person, thing, or

439

property referenced in the award.

440

     (b) The arbitrator or umpire has made an award upon a

441

matter not submitted to him or her, and the award may be

442

corrected without affecting the merits of the decision upon the

443

issues actually submitted.

444

     (c) The award is imperfect as a matter of form, not

445

affecting the merits of the controversy.

446

     (2) If the application is granted, the court shall modify

447

and correct the award so as to effect its intent and shall

448

confirm the award as modified and corrected. Otherwise, the

449

court shall confirm the award as made.

450

     (3) An application to modify or correct an award may be

451

joined in the alternative with an application to vacate the

452

award.

453

     (4) The filing of a motion to modify or correct an award

454

shall toll the time for taking any other action under this act

455

as to the award or opinion.

456

     Section 17.  Section 682.517, Florida Statutes, is created

457

to read:

458

     682.517 Venue.--Any application under this act may be made

459

to the court of the county in which the other party to the

460

agreement or provision for arbitration resides or has a place of

461

business, or, if she or he has no residence or place of business

462

in this state, to the court of any county. All applications under

463

this act subsequent to an initial application shall be made to

464

the court hearing the initial application unless the court orders

465

otherwise.

466

     Section 18.  Section 682.518, Florida Statutes, is created

467

to read:

468

     682.518 Appeals.--

469

     (1) A final appeal, or an interlocutory appeal if

470

appropriate, may be taken from a circuit or county court to the

471

appropriate court of appeals as a result of:

472

     (a) An order denying or granting an application to compel

473

arbitration made under s. 682.505, pursuant to Rule 9.130,

474

Florida Rules of Appellate Procedure;

475

     (b) An order denying or granting an application to stay

476

arbitration made under s. 682.505 pursuant to Rule 9.130,

477

Florida Rules of Appellate Procedure;

478

     (c) A decision regarding the impartiality or lack of

479

conflict on the part of the arbitrator;

480

     (d) An evidentiary ruling, except as provided in paragraph

481

(2)(a), after final award or decision;

482

     (e) An order confirming or denying confirmation of an

483

award;

484

     (f) An order modifying or correcting an award;

485

     (g) An order on a motion to vacate an award; or

486

     (h) A judgment or decree entered pursuant to ss. 682.501-

487

682.521.

488

     (2) The following may be reviewed by writ of certiorari:

489

     (a) A ruling concerning evidentiary privileges or

490

confidentiality rights of the parties; or

491

     (b) The granting of a protective order preventing the

492

disclosure of privileged information, confidential information,

493

or trade secrets under s. 682.512.

494

     (3) The appeal or petition for certiorari shall be taken

495

in the manner and to the same extent as from orders or judgments

496

in a civil action.

497

     Section 19.  Section 682.519, Florida Statutes, is created

498

to read:

499

     682.519 Relationship to Electronic Signatures in Global and

500

National Commerce Act.--Sections 682.501-682.521 modify, limit,

501

and supersede the federal Electronic Signatures in Global and

502

National Commerce Act, 15 U.S.C. s. 7001, et. seq., but do not

503

modify, limit, or supersede s. 101(c) of that act or authorize

504

electronic delivery of any of the notices described in s. 103(b)

505

of that act.

506

     Section 20.  Section 682.520, Florida Statutes, is created

507

to read:

508

     682.520 Regulation of arbitration service providers.--

509

     (1) Any arbitration organization that administers or is

510

otherwise involved in 10 or more consumer arbitrations per year

511

shall collect, publish at least quarterly, and make available to

512

the public in a searchable, sortable, and downloadable computer

513

database which permits searches using multiple search terms in

514

the same search, all of the information in paragraphs (a)-(i)

515

regarding each consumer arbitration occurring within the

516

immediately preceding 5 years. Such information shall be

517

prominently displayed, accessible, and easily comprehensible to

518

an ordinary user who has ordinary knowledge of computer

519

databases, at the Internet website of the arbitration

520

organization, and on paper upon request:

521

     (a) The name of any corporation or other business entity

522

that is a party to the arbitration.

523

     (b) The type and subject matter of the transaction giving

524

rise to the dispute involved, including, but not limited to,

525

goods, banking, insurance, health care, debt collection,

526

employment, and, if the dispute involves employment, the amount

527

of the employee's annual wage divided into the following ranges:

528

     1. Less than $100,000.

529

     2. From $100,000 to $250,000, inclusive.

530

     3. More than $250,000.

531

     (c) The name of the prevailing party.

532

     (d) The number of occasions, if any, that a corporation or

533

business entity that is a party to an arbitration has previously

534

been a party in an arbitration or mediation administered by the

535

arbitration organization.

536

     (e) Whether or not the consumer in each prior arbitration

537

was represented by an attorney and, if so, the identifying

538

information for that attorney, including the attorney's name,

539

law firm affiliation, business telephone number, and the address

540

of the attorney's law firm.

541

     (f) The date the arbitration organization received the

542

demand for arbitration, the date the arbitrator was appointed,

543

and the date of disposition by the arbitrator or arbitration

544

organization.

545

     (g) The type of disposition of the dispute, if known,

546

including withdrawal, abandonment, settlement, award after

547

hearing, award without hearing, default, or dismissal without

548

hearing.

549

     (h) The amount of the claim, the amount of the award, and

550

any other relief granted.

551

     (i) The name of the arbitrator, his or her fee for the

552

case, and the percentage of the arbitrator's fee allocated to

553

each party.

554

     (2) For information provided by the arbitration

555

organization in a computer-searchable format at the company's

556

Internet website and which may be downloaded without any fee,

557

the company may charge the actual cost of copying to any person

558

requesting the information on paper.

559

     (3) All fees and costs charged to or assessed in the state

560

against a consumer by an arbitration organization in a consumer

561

arbitration shall be waived for any person having a gross

562

monthly income that is less than 500 percent of the poverty line

563

as defined in 42 U.S.C. s. 9902(2).

564

     (4) Before requesting or obtaining any fee, an arbitration

565

organization shall provide written notice of the right to obtain

566

a waiver of fees in a manner calculated to bring the matter to

567

the attention of a reasonable consumer, including, but not

568

limited to, prominently placing a notice in its first written

569

communication to a consumer and in any invoice, bill, submission

570

form, fee schedule, rules, or code of procedure.

571

     (5) Any person requesting a waiver of fees or costs may

572

establish eligibility by making a declaration under oath on a

573

form provided by the arbitration organization indicating the

574

person's monthly income and the number of persons living in the

575

household. An arbitration organization may not require a

576

consumer to provide any further statement or evidence of

577

indigence. The form and the information contained therein is

578

confidential and may not be disclosed to any adverse party or

579

any nonparty to the arbitration.

580

     (6) An arbitration organization may not keep confidential

581

the number of waiver requests received or granted, or the total

582

amount of fees waived, and must disclose all fees charged.

583

     (7) An arbitrator or arbitration organization may not

584

administer an arbitration under any agreement or rule requiring

585

that a consumer who is a party to the arbitration pay the fees

586

and costs incurred by any opposing party if the consumer does

587

not prevail in the arbitration, including, but not limited to,

588

the fees and costs of the arbitrator, provider organization,

589

attorney, or witnesses.

590

     (8) An arbitration organization may not administer a

591

consumer arbitration involving any consumer who resides in this

592

state, or provide any other services related to such a consumer

593

arbitration, if:

594

     (a) The arbitration organization has, or within the

595

preceding year has had, a financial interest in any party or

596

attorney for a party involved in the arbitration; or

597

     (b) Any party or attorney for a party in the arbitration

598

has, or within the preceding year has had, any type of financial

599

interest in the arbitration organization.

600

     (9) Any affected person or entity, including the Office of

601

the Attorney General, may request a court to enjoin an

602

arbitration organization from violating the provisions of this

603

section and order such restitution as appropriate. The

604

arbitration organization is liable for such person's or entity's

605

reasonable attorney's fees and costs if the person or entity

606

prevails.

607

     Section 21.  Section 682.521, Florida Statutes, is created

608

to read:

609

     682.521 Disclosure of arbitration costs.--

610

     (1) A party drafting an arbitration agreement shall

611

clearly and conspicuously disclose in the arbitration agreement

612

the following:

613

     (a) The filing fee.

614

     (b) The average daily cost for an arbitrator and hearing

615

room if the consumer elects to appear in person.

616

     (c) Other charges that the arbitrator or arbitration

617

service provider will assess in conjunction with an arbitration

618

when the consumer appears in person.

619

     (d) The proportion of these costs which each party bears

620

if the consumer prevails or if the consumer does not prevail.

621

     (2) Failure to provide disclosures pursuant to subsection

622

(1) constitutes a deceptive act pursuant to the Florida

623

Deceptive and Unfair Trade Practices Act. Further, the

624

information provided in the disclosure may be considered in a

625

determination of whether an arbitration agreement is

626

unconscionable or is otherwise not enforceable under applicable

627

law.

628

     (3) Any person or entity, including the Office of the

629

Attorney General, may request a court to enjoin the drafting

630

party from violating the provisions of this section as to

631

agreements into which it enters in the future. The drafting party

632

is liable to the person or entity bringing such an action for

633

that person or entity's reasonable attorney's fees and costs if

634

the court issues an injunction or if, after the action is

635

commenced, the drafting party voluntarily complies with the

636

Florida Deceptive and Unfair Trade Practices Act.

637

     Section 22.  This act shall take effect July 1, 2008.

638

639

================ T I T L E  A M E N D M E N T ================

640

And the title is amended as follows:

641

     Delete everything before the enacting clause

642

and insert:

643

A bill to be entitled

4/2/2008  11:42:00 AM     16-06405A-08