HB 963

1	A bill to be entitled
2	An act relating to dispute resolution; amending s.
3	682.01, F.S.; revising the short title of the "Florida
4	Arbitration Code" to the "Revised Florida Arbitration
5	Code"; creating s. 682.011, F.S.; providing
6	definitions; creating s. 682.012, F.S.; specifying how
7	a person gives notice to another person and how a
8	person receives notice; creating s. 682.013, F.S.;
9	specifying the applicability of the revised code;
10	creating s. 682.014, F.S.; providing that an agreement
11	may waive or vary the effect of statutory arbitration
12	provisions; providing exceptions; creating s. 682.015,
13	F.S.; providing for petitions for judicial relief;
14	providing for service of notice of an initial petition
15	for such relief; amending s. 682.02, F.S.; revising
16	provisions relating to the making of arbitration
17	agreements; requiring a court to decide whether an
18	agreement to arbitrate exists or a controversy is
19	subject to an agreement to arbitrate; providing for
20	determination of specified issues by an arbitrator;
21	providing for continuation of an arbitration
22	proceeding pending resolution of certain issues by a
23	court; revising provisions relating to applicability
24	of provisions to certain interlocal agreements;
25	amending s. 682.03, F.S.; revising provisions relating
26	to proceedings to compel and to stay arbitration;
27	creating s. 682.031, F.S.; providing for a court to
28	order provisional remedies before an arbitrator is
29	appointed and is authorized and able to act; providing
30	for orders for provisional remedies by an arbitrator;
31	providing that a party does not waive a right of
32	arbitration by seeking provisional remedies in court;
33	creating s. 682.032, F.S.; providing for initiation of
34	arbitration; providing that a person waives any
35	objection to lack of or insufficiency of notice by
36	appearing at the arbitration hearing; providing an
37	exception; creating s. 682.033, F.S.; providing for
38	consolidation of separate arbitration proceedings as
39	to all or some of the claims in certain circumstances;
40	prohibiting consolidation if the agreement prohibits
41	consolidation; amending s. 682.04, F.S.; revising
42	provisions relating to appointment of an arbitrator;
43	prohibiting an individual with an interest in the
44	outcome of an arbitration from serving as a neutral
45	arbitrator; creating s. 682.041, F.S.; requiring
46	certain disclosures of interests and relationships by
47	a person before accepting appointment as an
48	arbitrator; providing a continuing obligation to make
49	such disclosures; providing for objections to an
50	arbitrator based on information disclosed; providing
51	for vacation of an award if an arbitrator failed to
52	disclose a fact as required; providing that an
53	arbitrator appointed as a neutral arbitrator who does
54	not disclose certain interests or relationships is
55	presumed to act with partiality for specified
56	purposes; requiring parties to substantially comply
57	with agreed to procedures of an arbitration
58	organization or any other procedures for challenges to
59	arbitrators before an award is made in order to seek
60	vacation of an award on specified grounds; amending s.
61	682.05, F.S.; requiring that if there is more than one
62	arbitrator, the powers of an arbitrator must be
63	exercised by a majority of the arbitrators; requiring
64	all arbitrators to conduct the arbitration hearing;
65	creating s. 682.051, F.S.; providing immunity from
66	civil liability for an arbitrator or an arbitration
67	organization acting in the capacity of an arbitrator;
68	providing that this immunity is supplemental to any
69	immunity under other law; providing that failure to
70	make a required disclosure does not remove immunity;
71	providing that an arbitrator or representative of an
72	arbitration organization is not competent to testify
73	and may not be required to produce records concerning
74	the arbitration; providing exceptions; providing for
75	awarding an arbitrator, arbitration organization, or
76	representative of an arbitration organization with
77	reasonable attorney fees and expenses of litigation
78	under certain circumstances; amending s. 682.06, F.S.;
79	revising provisions relating to the conduct of
80	arbitration hearings; providing for summary
81	disposition, notice of hearings, adjournment, and
82	rights of a party to the arbitration proceeding;
83	requiring appointment of a replacement arbitrator in
84	certain circumstances; amending s. 682.07, F.S.;
85	providing that a party to an arbitration proceeding
86	may be represented by an attorney; amending s. 682.08,
87	F.S.; revising provisions relating to the issuance,
88	service, and enforcement of subpoenas; revising
89	provisions relating to depositions; authorizing an
90	arbitrator to permit discovery in certain
91	circumstances; authorizing an arbitrator to order
92	compliance with discovery; authorizing protective
93	orders by an arbitrator; providing for applicability
94	of laws compelling a person under subpoena to testify
95	and all fees for attending a judicial proceeding, a
96	deposition, or a discovery proceeding as a witness;
97	providing for court enforcement of a subpoena or
98	discovery-related order; providing for witness fees;
99	creating s. 682.081, F.S.; providing for judicial
100	enforcement of a preaward ruling by an arbitrator in
101	certain circumstances; amending s. 682.09, F.S.;
102	revising provisions relating to the record needed for
103	an award; revising provisions relating to the time
104	within which an award must be made; amending s.
105	682.10, F.S.; revising provisions relating to
106	requirements for a motion to modify or correct an
107	award; amending s. 682.11, F.S.; revising provisions
108	relating to fees and expenses of arbitration;
109	authorizing punitive damages and other exemplary
110	relief and remedies; amending s. 682.12, F.S.;
111	revising provisions relating to confirmation of an
112	award; amending s. 682.13, F.S.; revising provisions
113	relating to grounds for vacating an award; revising
114	provisions relating to a motion for vacating an award;
115	providing for a rehearing in certain circumstances;
116	amending s. 682.14, F.S.; revising provisions relating
117	to the time for moving to modify or correct an award;
118	deleting references to the term "umpire"; revising a
119	provision concerning confirmation of awards; amending
120	s. 682.15, F.S.; revising provisions relating to a
121	court order confirming, vacating without directing a
122	rehearing, modifying, or correcting an award;
123	providing for award of costs and attorney fees in
124	certain circumstances; repealing s. 682.16, F.S.,
125	relating to judgment roll and docketing of certain
126	orders; repealing s. 682.17, F.S., relating to
127	application to court; repealing s. 682.18, F.S.,
128	relating to the definition of the term "court" and
129	jurisdiction; creating s. 682.181, F.S.; providing for
130	jurisdiction relating to the revised code; amending s.
131	682.19, F.S.; revising provisions relating to venue
132	for actions relating to the code; amending s. 682.20,
133	F.S.; providing that an appeal may be taken from an
134	order denying confirmation of an award unless the
135	court has entered an order under specified provisions;
136	providing that all other orders denying confirmation
137	of an award are final orders; repealing s. 682.21,
138	F.S., relating to the previous code not applying
139	retroactively; repealing s. 682.22, F.S., relating to
140	conflict of laws; creating s. 682.23, F.S.; specifying
141	the relationship of the code to the Electronic
142	Signatures in Global and National Commerce Act;
143	creating s. 682.24, F.S.; specifying the effective
144	date of the revised code; providing for applicability;
145	creating s. 682.25, F.S.; providing that the revised
146	code does not apply to any dispute involving child
147	custody, visitation, or child support; amending s.
148	44.104, F.S.; deleting references to binding
149	arbitration from provisions providing for voluntary
150	trial resolution; providing for temporary relief;
151	revising provisions relating to procedures in
152	voluntary trial resolution; providing that a judgment
153	is reviewable in the same manner as a judgment in a
154	civil action; deleting provisions relating to
155	applicability of the harmless error doctrine;
156	providing limitations on the jurisdiction of a trial
157	resolution judge; providing for the use of juries;
158	providing for the title of a trial resolution judge
159	and the use of judicial robes; amending s. 44.107,
160	F.S.; providing immunity for voluntary trial
161	resolution judges serving under specified provisions;
162	amending ss. 440.1926 and 489.1402, F.S.; conforming
163	cross-references; amending s. 731.401, F.S.; revising
164	a reference to binding arbitration under a specified
165	provision; providing directives to the Division of
166	Statutory Revision, including redesignating the title
167	of chapter 44, Florida Statutes, as "Alternative
168	Dispute Resolution"; providing an effective date.
169
170	Be It Enacted by the Legislature of the State of Florida:
171
172	Section 1.  Section 682.01, Florida Statutes, is amended to
173	read:
174	682.01  Short title Florida Arbitration Code.-This chapter
175	Sections 682.01-682.22 may be cited as the "Revised Florida
176	Arbitration Code."
177	Section 2.  Section 682.011, Florida Statutes, is created
178	to read:
179	682.011  Definitions.-As used in this chapter, the term:
180	(1)  "Arbitration organization" means an association,
181	agency, board, commission, or other entity that is neutral and
182	initiates, sponsors, or administers an arbitration proceeding or
183	is involved in the appointment of an arbitrator.
184	(2)  "Arbitrator" means an individual appointed to render
185	an award, alone or with others, in a controversy that is subject
186	to an agreement to arbitrate.
187	(3)  "Court" means a court of competent jurisdiction in
188	this state.
189	(4)  "Knowledge" means actual knowledge.
190	(5)  "Person" means an individual, corporation, business
191	trust, estate, trust, partnership, limited liability company,
192	association, joint venture, or government; governmental
193	subdivision, agency, or instrumentality; public corporation; or
194	any other legal or commercial entity.
195	(6)  "Record" means information that is inscribed on a
196	tangible medium or that is stored in an electronic or other
197	medium and is retrievable in perceivable form.
198	Section 3.  Section 682.012, Florida Statutes, is created
199	to read:
200	682.012  Notice.-
201	(1)  Except as otherwise provided in the Revised Florida
202	Arbitration Code, a person gives notice to another person by
203	taking action that is reasonably necessary to inform the other
204	person in ordinary course, whether or not the other person
205	acquires knowledge of the notice.
206	(2)  A person has notice if the person has knowledge of the
207	notice or has received notice.
208	(3)  A person receives notice when it comes to the person's
209	attention or the notice is delivered at the person's place of
210	residence or place of business, or at another location held out
211	by the person as a place of delivery of such communications.
212	Section 4.  Section 682.013, Florida Statutes, is created
213	to read:
214	682.013  Applicability of revised code.-
215	(1)  The Revised Florida Arbitration Code governs an
216	agreement to arbitrate made on or after the effective date of
217	this act.
218	(2)  The Revised Florida Arbitration Code governs an
219	agreement to arbitrate made before the effective date of this
220	act if all the parties to the agreement or to the arbitration
221	proceeding so agree in a record.
222	(3)  Beginning July 1, 2015, the Revised Florida
223	Arbitration Code governs an agreement to arbitrate whenever
224	made.
225	Section 5.  Section 682.014, Florida Statutes, is created
226	to read:
227	682.014  Effect of agreement to arbitrate; nonwaivable
228	provisions.-
229	(1)  Except as otherwise provided in subsections (2) and
230	(3), a party to an agreement to arbitrate or to an arbitration
231	proceeding may waive, or the parties may vary the effect of, the
232	requirements of the Revised Florida Arbitration Code to the
233	extent permitted by law.
234	(2)  Before a controversy arises that is subject to an
235	agreement to arbitrate, a party to the agreement may not:
236	(a)  Waive or agree to vary the effect of the requirements
237	of s. 682.015(1), s. 682.02(1), s. 682.031, s. 682.08(1) or (2),
238	s. 682.181, or s. 682.20;
239	(b)  Agree to unreasonably restrict the right under s.
240	682.032 to notice of the initiation of an arbitration
241	proceeding;
242	(c)  Agree to unreasonably restrict the right under s.
243	682.041 to disclosure of any facts by a neutral arbitrator; or
244	(d)  Waive the right under s. 682.07 of a party to an
245	agreement to arbitrate to be represented by an attorney at any
246	proceeding or hearing under the Revised Florida Arbitration
247	Code, but an employer and a labor organization may waive the
248	right to representation by an attorney in a labor arbitration.
249	(3)  A party to an agreement to arbitrate or arbitration
250	proceeding may not waive, or the parties may not vary the effect
251	of, the requirements in this section or s. 682.013(1) or (3), s.
252	682.03, s. 682.051, s. 682.081, s. 682.10(4) or (5), s. 682.12,
253	s. 682.13, s. 682.14, s. 682.15(1) or (2), s. 682.23, s. 682.24,
254	or s. 682.25.
255	Section 6.  Section 682.015, Florida Statutes, is created
256	to read:
257	682.015  Petition for judicial relief.-
258	(1)  Except as otherwise provided in s. 682.20, a petition
259	for judicial relief under this chapter must be made to the court
260	and heard in the manner provided by law or rule of court for
261	making and hearing motions.
262	(2)  Unless a civil action involving the agreement to
263	arbitrate is pending, notice of an initial petition to the court
264	under this chapter must be served in the manner provided by law
265	for the service of a summons in a civil action. Otherwise,
266	notice of the motion must be given in the manner provided by law
267	or rule of court for serving motions in pending cases.
268	Section 7.  Section 682.02, Florida Statutes, is amended to
269	read:
270	682.02  Arbitration agreements made valid, irrevocable, and
271	enforceable; scope.-
272	(1)  An agreement contained in a record to submit to
273	arbitration any existing or subsequent controversy arising
274	between the parties to the agreement is valid, enforceable, and
275	irrevocable except upon a ground that exists at law or in equity
276	for the revocation of a contract.
277	(2)  The court shall decide whether an agreement to
278	arbitrate exists or a controversy is subject to an agreement to
279	arbitrate.
280	(3)  An arbitrator shall decide whether a condition
281	precedent to arbitrability has been fulfilled and whether a
282	contract containing a valid agreement to arbitrate is
283	enforceable.
284	(4)  If a party to a judicial proceeding challenges the
285	existence of, or claims that a controversy is not subject to, an
286	agreement to arbitrate, the arbitration proceeding may continue
287	pending final resolution of the issue by the court, unless the
288	court otherwise orders.
289	(5)  Two or more parties may agree in writing to submit to
290	arbitration any controversy existing between them at the time of
291	the agreement, or they may include in a written contract a
292	provision for the settlement by arbitration of any controversy
293	thereafter arising between them relating to such contract or the
294	failure or refusal to perform the whole or any part thereof.
295	This section also applies to written interlocal agreements under
296	ss. 163.01 and 373.713 in which two or more parties agree to
297	submit to arbitration any controversy between them concerning
298	water use permit motions applications and other matters,
299	regardless of whether or not the water management district with
300	jurisdiction over the subject motion application is a party to
301	the interlocal agreement or a participant in the arbitration.
302	Such agreement or provision shall be valid, enforceable, and
303	irrevocable without regard to the justiciable character of the
304	controversy; provided that this act shall not apply to any such
305	agreement or provision to arbitrate in which it is stipulated
306	that this law shall not apply or to any arbitration or award
307	thereunder.
308	Section 8.  Section 682.03, Florida Statutes, is amended to
309	read:
310	682.03  Proceedings to compel and to stay arbitration.-
311	(1)  On motion of a person showing an agreement to
312	arbitrate and alleging another person's refusal to arbitrate
313	pursuant to the agreement:
314	(a)  If the refusing party does not appear or does not
315	oppose the motion, the court shall order the parties to
316	arbitrate.
317	(b)  If the refusing party opposes the motion, the court
318	shall proceed summarily to decide the issue and order the
319	parties to arbitrate unless it finds that there is no
320	enforceable agreement to arbitrate A party to an agreement or
321	provision for arbitration subject to this law claiming the
322	neglect or refusal of another party thereto to comply therewith
323	may make application to the court for an order directing the
324	parties to proceed with arbitration in accordance with the terms
325	thereof. If the court is satisfied that no substantial issue
326	exists as to the making of the agreement or provision, it shall
327	grant the application. If the court shall find that a
328	substantial issue is raised as to the making of the agreement or
329	provision, it shall summarily hear and determine the issue and,
330	according to its determination, shall grant or deny the
331	application.
332	(2)  On motion of a person alleging that an arbitration
333	proceeding has been initiated or threatened but that there is no
334	agreement to arbitrate, the court shall proceed summarily to
335	decide the issue. If the court finds that there is an
336	enforceable agreement to arbitrate, it shall order the parties
337	to arbitrate If an issue referable to arbitration under an
338	agreement or provision for arbitration subject to this law
339	becomes involved in an action or proceeding pending in a court
340	having jurisdiction to hear an application under subsection (1),
341	such application shall be made in said court. Otherwise and
342	subject to s. 682.19, such application may be made in any court
343	of competent jurisdiction.
344	(3)  If the court finds that there is no enforceable
345	agreement to arbitrate, it may not order the parties to
346	arbitrate pursuant to subsection (1) or subsection (2) Any
347	action or proceeding involving an issue subject to arbitration
348	under this law shall be stayed if an order for arbitration or an
349	application therefor has been made under this section or, if the
350	issue is severable, the stay may be with respect thereto only.
351	When the application is made in such action or proceeding, the
352	order for arbitration shall include such stay.
353	(4)  The court may not refuse to order arbitration because
354	the claim subject to arbitration lacks merit or grounds for the
355	claim have not been established On application the court may
356	stay an arbitration proceeding commenced or about to be
357	commenced, if it shall find that no agreement or provision for
358	arbitration subject to this law exists between the party making
359	the application and the party causing the arbitration to be had.
360	The court shall summarily hear and determine the issue of the
361	making of the agreement or provision and, according to its
362	determination, shall grant or deny the application.
363	(5)  If a proceeding involving a claim referable to
364	arbitration under an alleged agreement to arbitrate is pending
365	in court, a motion under this section must be made in that
366	court. Otherwise, a motion under this section may be made in any
367	court as provided in s. 682.19 An order for arbitration shall
368	not be refused on the ground that the claim in issue lacks merit
369	or bona fides or because any fault or grounds for the claim
370	sought to be arbitrated have not been shown.
371	(6)  If a party makes a motion to the court to order
372	arbitration, the court on just terms shall stay any judicial
373	proceeding that involves a claim alleged to be subject to the
374	arbitration until the court renders a final decision under this
375	section.
376	(7)  If the court orders arbitration, the court on just
377	terms shall stay any judicial proceeding that involves a claim
378	subject to the arbitration. If a claim subject to the
379	arbitration is severable, the court may limit the stay to that
380	claim.
381	Section 9.  Section 682.031, Florida Statutes, is created
382	to read:
383	682.031  Provisional remedies.-
384	(1)  Before an arbitrator is appointed and is authorized
385	and able to act, the court, upon motion of a party to an
386	arbitration proceeding and for good cause shown, may enter an
387	order for provisional remedies to protect the effectiveness of
388	the arbitration proceeding to the same extent and under the same
389	conditions as if the controversy were the subject of a civil
390	action.
391	(2)  After an arbitrator is appointed and is authorized and
392	able to act:
393	(a)  The arbitrator may issue such orders for provisional
394	remedies, including interim awards, as the arbitrator finds
395	necessary to protect the effectiveness of the arbitration
396	proceeding and to promote the fair and expeditious resolution of
397	the controversy, to the same extent and under the same
398	conditions as if the controversy were the subject of a civil
399	action.
400	(b)  A party to an arbitration proceeding may move the
401	court for a provisional remedy only if the matter is urgent and
402	the arbitrator is not able to act timely or the arbitrator
403	cannot provide an adequate remedy.
404	(3)  A party does not waive a right of arbitration by
405	making a motion under this section.
406	Section 10.  Section 682.032, Florida Statutes, is created
407	to read:
408	682.032  Initiation of arbitration.-
409	(1)  A person initiates an arbitration proceeding by giving
410	notice in a record to the other parties to the agreement to
411	arbitrate in the agreed manner between the parties or, in the
412	absence of agreement, by certified or registered mail, return
413	receipt requested and obtained, or by service as authorized for
414	the commencement of a civil action. The notice must describe the
415	nature of the controversy and the remedy sought.
416	(2)  Unless a person objects for lack or insufficiency of
417	notice under s. 682.06(3) not later than the beginning of the
418	arbitration hearing, the person by appearing at the hearing
419	waives any objection to lack of or insufficiency of notice.
420	Section 11.  Section 682.033, Florida Statutes, is created
421	to read:
422	682.033  Consolidation of separate arbitration
423	proceedings.-
424	(1)  Except as otherwise provided in subsection (3), upon
425	motion of a party to an agreement to arbitrate or to an
426	arbitration proceeding, the court may order consolidation of
427	separate arbitration proceedings as to all or some of the claims
428	if:
429	(a)  There are separate agreements to arbitrate or separate
430	arbitration proceedings between the same persons or one of them
431	is a party to a separate agreement to arbitrate or a separate
432	arbitration proceeding with a third person;
433	(b)  The claims subject to the agreements to arbitrate
434	arise in substantial part from the same transaction or series of
435	related transactions;
436	(c)  The existence of a common issue of law or fact creates
437	the possibility of conflicting decisions in the separate
438	arbitration proceedings; and
439	(d)  Prejudice resulting from a failure to consolidate is
440	not outweighed by the risk of undue delay or prejudice to the
441	rights of or hardship to parties opposing consolidation.
442	(2)  The court may order consolidation of separate
443	arbitration proceedings as to some claims and allow other claims
444	to be resolved in separate arbitration proceedings.
445	(3)  The court may not order consolidation of the claims of
446	a party to an agreement to arbitrate if the agreement prohibits
447	consolidation.
448	Section 12.  Section 682.04, Florida Statutes, is amended
449	to read:
450	682.04  Appointment of arbitrators by court.-
451	(1)  If the parties to an agreement to arbitrate agree on
452	or provision for arbitration subject to this law provides a
453	method for appointing the appointment of arbitrators or an
454	umpire, this method must shall be followed, unless the method
455	fails.
456	(2)  The court, on application of a party to an arbitration
457	agreement, shall appoint one or more arbitrators, if:
458	(a)  The parties have not agreed on a method;
459	(b)  The agreed method fails;
460	(c)  One or more of the parties failed to respond to the
461	demand for arbitration; or
462	(d)  An arbitrator fails to act and a successor has not
463	been appointed.
464	(3)  In the absence thereof, or if the agreed method fails
465	or for any reason cannot be followed, or if an arbitrator or
466	umpire who has been appointed fails to act and his or her
467	successor has not been duly appointed, the court, on application
468	of a party to such agreement or provision shall appoint one or
469	more arbitrators or an umpire. An arbitrator or umpire so
470	appointed has all the shall have like powers of an arbitrator
471	designated as if named or provided for in the agreement to
472	arbitrate appointed pursuant to the agreed method or provision.
473	(4)  An individual who has a known, direct, and material
474	interest in the outcome of the arbitration proceeding or a
475	known, existing, and substantial relationship with a party may
476	not serve as an arbitrator required by an agreement to be
477	neutral.
478	Section 13.  Section 682.041, Florida Statutes, is created
479	to read:
480	682.041  Disclosure by arbitrator.-
481	(1)  Before accepting appointment, an individual who is
482	requested to serve as an arbitrator, after making a reasonable
483	inquiry, shall disclose to all parties to the agreement to
484	arbitrate and arbitration proceeding and to any other
485	arbitrators any known facts that a reasonable person would
486	consider likely to affect the person's impartiality as an
487	arbitrator in the arbitration proceeding, including:
488	(a)  A financial or personal interest in the outcome of the
489	arbitration proceeding.
490	(b)  An existing or past relationship with any of the
491	parties to the agreement to arbitrate or the arbitration
492	proceeding, their counsel or representative, a witness, or
493	another arbitrator.
494	(2)  An arbitrator has a continuing obligation to disclose
495	to all parties to the agreement to arbitrate and arbitration
496	proceeding and to any other arbitrators any facts that the
497	arbitrator learns after accepting appointment that a reasonable
498	person would consider likely to affect the impartiality of the
499	arbitrator.
500	(3)  If an arbitrator discloses a fact required by
501	subsection (1) or subsection (2) to be disclosed and a party
502	timely objects to the appointment or continued service of the
503	arbitrator based upon the fact disclosed, the objection may be a
504	ground under s. 682.13(1)(b) for vacating an award made by the
505	arbitrator.
506	(4)  If the arbitrator did not disclose a fact as required
507	by subsection (1) or subsection (2), upon timely objection by a
508	party, the court may vacate an award under s. 682.13(1)(b).
509	(5)  An arbitrator appointed as a neutral arbitrator who
510	does not disclose a known, direct, and material interest in the
511	outcome of the arbitration proceeding or a known, existing, and
512	substantial relationship with a party is presumed to act with
513	evident partiality under s. 682.13(1)(b).
514	(6)  If the parties to an arbitration proceeding agree to
515	the procedures of an arbitration organization or any other
516	procedures for challenges to arbitrators before an award is
517	made, substantial compliance with those procedures is a
518	condition precedent to a motion to vacate an award on that
519	ground under s. 682.13(1)(b).
520	Section 14.  Section 682.05, Florida Statutes, is amended
521	to read:
522	682.05  Majority action by arbitrators.-If there is more
523	than one arbitrator, the powers of an arbitrator must be
524	exercised by a majority of the arbitrators, but all of the
525	arbitrators shall conduct the hearing under s. 682.06(3) The
526	powers of the arbitrators may be exercised by a majority of
527	their number unless otherwise provided in the agreement or
528	provision for arbitration.
529	Section 15.  Section 682.051, Florida Statutes, is created
530	to read:
531	682.051  Immunity of arbitrator; competency to testify;
532	attorney fees and costs.-
533	(1)  An arbitrator or an arbitration organization acting in
534	the capacity of an arbitrator is immune from civil liability to
535	the same extent as a judge of a court of this state acting in a
536	judicial capacity.
537	(2)  The immunity afforded under this section supplements
538	any immunity under other law.
539	(3)  The failure of an arbitrator to make a disclosure
540	required by s. 682.041 does not cause any loss of immunity under
541	this section.
542	(4)  In a judicial, administrative, or similar proceeding,
543	an arbitrator or representative of an arbitration organization
544	is not competent to testify, and may not be required to produce
545	records as to any statement, conduct, decision, or ruling
546	occurring during the arbitration proceeding, to the same extent
547	as a judge of a court of this state acting in a judicial
548	capacity. This subsection does not apply:
549	(a)  To the extent necessary to determine the claim of an
550	arbitrator, arbitration organization, or representative of the
551	arbitration organization against a party to the arbitration
552	proceeding; or
553	(b)  To a hearing on a motion to vacate an award under s.
554	682.13(1)(a) or (b) if the movant establishes prima facie that a
555	ground for vacating the award exists.
556	(5)  If a person commences a civil action against an
557	arbitrator, arbitration organization, or representative of an
558	arbitration organization arising from the services of the
559	arbitrator, organization, or representative or if a person seeks
560	to compel an arbitrator or a representative of an arbitration
561	organization to testify or produce records in violation of
562	subsection (4), and the court decides that the arbitrator,
563	arbitration organization, or representative of an arbitration
564	organization is immune from civil liability or that the
565	arbitrator or representative of the organization is not
566	competent to testify, the court shall award to the arbitrator,
567	organization, or representative reasonable attorney fees and
568	other reasonable expenses of litigation.
569	Section 16.  Section 682.06, Florida Statutes, is amended
570	to read:
571	682.06  Hearing.-
572	(1)  An arbitrator may conduct an arbitration in such
573	manner as the arbitrator considers appropriate for a fair and
574	expeditious disposition of the proceeding. The arbitrator's
575	authority includes the power to hold conferences with the
576	parties to the arbitration proceeding before the hearing and,
577	among other matters, determine the admissibility, relevance,
578	materiality, and weight of any evidence Unless otherwise
579	provided by the agreement or provision for arbitration:
580	(1)(a)  The arbitrators shall appoint a time and place for
581	the hearing and cause notification to the parties to be served
582	personally or by registered or certified mail not less than 5
583	days before the hearing. Appearance at the hearing waives a
584	party's right to such notice. The arbitrators may adjourn their
585	hearing from time to time upon their own motion and shall do so
586	upon the request of any party to the arbitration for good cause
587	shown, provided that no adjournment or postponement of their
588	hearing shall extend beyond the date fixed in the agreement or
589	provision for making the award unless the parties consent to a
590	later date. An umpire authorized to hear and decide the cause
591	upon failure of the arbitrators to agree upon an award shall, in
592	the course of his or her jurisdiction, have like powers and be
593	subject to like limitations thereon.
594	(b)  The arbitrators, or umpire in the course of his or her
595	jurisdiction, may hear and decide the controversy upon the
596	evidence produced notwithstanding the failure or refusal of a
597	party duly notified of the time and place of the hearing to
598	appear. The court on application may direct the arbitrators, or
599	the umpire in the course of his or her jurisdiction, to proceed
600	promptly with the hearing and making of the award.
601	(2)  An arbitrator may decide a request for summary
602	disposition of a claim or particular issue:
603	(a)  If all interested parties agree; or
604	(b)  Upon request of one party to the arbitration
605	proceeding, if that party gives notice to all other parties to
606	the proceeding and the other parties have a reasonable
607	opportunity to respond The parties are entitled to be heard, to
608	present evidence material to the controversy and to cross-
609	examine witnesses appearing at the hearing.
610	(3)  If an arbitrator orders a hearing, the arbitrator
611	shall set a time and place and give notice of the hearing not
612	less than 5 days before the hearing begins. Unless a party to
613	the arbitration proceeding makes an objection to lack or
614	insufficiency of notice not later than the beginning of the
615	hearing, the party's appearance at the hearing waives the
616	objection. Upon request of a party to the arbitration proceeding
617	and for good cause shown, or upon the arbitrator's own
618	initiative, the arbitrator may adjourn the hearing from time to
619	time as necessary but may not postpone the hearing to a time
620	later than that fixed by the agreement to arbitrate for making
621	the award unless the parties to the arbitration proceeding
622	consent to a later date. The arbitrator may hear and decide the
623	controversy upon the evidence produced although a party who was
624	duly notified of the arbitration proceeding did not appear. The
625	court, on request, may direct the arbitrator to conduct the
626	hearing promptly and render a timely decision The hearing shall
627	be conducted by all of the arbitrators but a majority may
628	determine any question and render a final award. An umpire
629	authorized to hear and decide the cause upon the failure of the
630	arbitrators to agree upon an award shall sit with the
631	arbitrators throughout their hearing but shall not be counted as
632	a part of their quorum or in the making of their award. If,
633	during the course of the hearing, an arbitrator for any reason
634	ceases to act, the remaining arbitrator, arbitrators or umpire
635	appointed to act as neutrals may continue with the hearing and
636	determination of the controversy.
637	(4)  At a hearing under subsection (3), a party to the
638	arbitration proceeding has a right to be heard, to present
639	evidence material to the controversy, and to cross-examine
640	witnesses appearing at the hearing.
641	(5)  If an arbitrator ceases or is unable to act during the
642	arbitration proceeding, a replacement arbitrator must be
643	appointed in accordance with s. 682.04 to continue the
644	proceeding and to resolve the controversy.
645	Section 17.  Section 682.07, Florida Statutes, is amended
646	to read:
647	682.07  Representation by attorney.-A party to an
648	arbitration proceeding may has the right to be represented by an
649	attorney at any arbitration proceeding or hearing under this
650	law. A waiver thereof prior to the proceeding or hearing is
651	ineffective.
652	Section 18.  Section 682.08, Florida Statutes, is amended
653	to read:
654	682.08  Witnesses, subpoenas, depositions.-
655	(1)  An arbitrator may issue a subpoena for the attendance
656	of a witness and for the production of records and other
657	evidence at any hearing and may administer oaths. A subpoena
658	must be served in the manner for service of subpoenas in a civil
659	action and, upon motion to the court by a party to the
660	arbitration proceeding or the arbitrator, enforced in the manner
661	for enforcement of subpoenas in a civil action Arbitrators, or
662	an umpire authorized to hear and decide the cause upon failure
663	of the arbitrators to agree upon an award, in the course of her
664	or his jurisdiction, may issue subpoenas for the attendance of
665	witnesses and for the production of books, records, documents
666	and other evidence, and shall have the power to administer
667	oaths. Subpoenas so issued shall be served, and upon application
668	to the court by a party to the arbitration or the arbitrators,
669	or the umpire, enforced in the manner provided by law for the
670	service and enforcement of subpoenas in a civil action.
671	(2)  In order to make the proceedings fair, expeditious,
672	and cost effective, upon request of a party to, or a witness in,
673	an arbitration proceeding, an arbitrator may permit a deposition
674	of any witness to be taken for use as evidence at the hearing,
675	including a witness who cannot be subpoenaed for or is unable to
676	attend a hearing. The arbitrator shall determine the conditions
677	under which the deposition is taken On application of a party to
678	the arbitration and for use as evidence, the arbitrators, or the
679	umpire in the course of her or his jurisdiction, may permit a
680	deposition to be taken, in the manner and upon the terms
681	designated by them or her or him of a witness who cannot be
682	subpoenaed or is unable to attend the hearing.
683	(3)  An arbitrator may permit such discovery as the
684	arbitrator decides is appropriate in the circumstances, taking
685	into account the needs of the parties to the arbitration
686	proceeding and other affected persons and the desirability of
687	making the proceeding fair, expeditious, and cost effective All
688	provisions of law compelling a person under subpoena to testify
689	are applicable.
690	(4)  If an arbitrator permits discovery under subsection
691	(3), the arbitrator may order a party to the arbitration
692	proceeding to comply with the arbitrator's discovery-related
693	orders, issue subpoenas for the attendance of a witness and for
694	the production of records and other evidence at a discovery
695	proceeding, and take action against a noncomplying party to the
696	extent a court could if the controversy were the subject of a
697	civil action in this state.
698	(5)  An arbitrator may issue a protective order to prevent
699	the disclosure of privileged information, confidential
700	information, trade secrets, and other information protected from
701	disclosure to the extent a court could if the controversy were
702	the subject of a civil action in this state.
703	(6)  All laws compelling a person under subpoena to testify
704	and all fees for attending a judicial proceeding, a deposition,
705	or a discovery proceeding as a witness apply to an arbitration
706	proceeding as if the controversy were the subject of a civil
707	action in this state.
708	(7)  The court may enforce a subpoena or discovery-related
709	order for the attendance of a witness within this state and for
710	the production of records and other evidence issued by an
711	arbitrator in connection with an arbitration proceeding in
712	another state upon conditions determined by the court so as to
713	make the arbitration proceeding fair, expeditious, and cost
714	effective. A subpoena or discovery-related order issued by an
715	arbitrator in another state must be served in the manner
716	provided by law for service of subpoenas in a civil action in
717	this state and, upon motion to the court by a party to the
718	arbitration proceeding or the arbitrator, enforced in the manner
719	provided by law for enforcement of subpoenas in a civil action
720	in this state.
721	(8)(4)  Fees for attendance as a witness shall be the same
722	as for a witness in the circuit court.
723	Section 19.  Section 682.081, Florida Statutes, is created
724	to read:
725	682.081  Judicial enforcement of preaward ruling by
726	arbitrator.-If an arbitrator makes a preaward ruling in favor of
727	a party to the arbitration proceeding, the party may request
728	that the arbitrator incorporate the ruling into an award under
729	s. 682.12. A prevailing party may make a motion to the court for
730	an expedited order to confirm the award under s. 682.12, in
731	which case the court shall summarily decide the motion. The
732	court shall issue an order to confirm the award unless the court
733	vacates, modifies, or corrects the award under s. 682.13 or s.
734	682.14.
735	Section 20.  Section 682.09, Florida Statutes, is amended
736	to read:
737	682.09  Award.-
738	(1)  An arbitrator shall make a record of an award. The
739	record must be signed or otherwise authenticated by any
740	arbitrator who concurs with the award. The arbitrator or the
741	arbitration organization shall give notice of the award,
742	including a copy of the award, to each party to the arbitration
743	proceeding The award shall be in writing and shall be signed by
744	the arbitrators joining in the award or by the umpire in the
745	course of his or her jurisdiction. They or he or she shall
746	deliver a copy to each party to the arbitration either
747	personally or by registered or certified mail, or as provided in
748	the agreement or provision.
749	(2)  An award must be made within the time specified by the
750	agreement to arbitrate or, if not specified therein, within the
751	time ordered by the court. The court may extend, or the parties
752	to the arbitration proceeding may agree in a record to extend,
753	the time. The court or the parties may do so within or after the
754	time specified or ordered. A party waives any objection that an
755	award was not timely made unless the party gives notice of the
756	objection to the arbitrator before receiving notice of the award
757	An award shall be made within the time fixed therefor by the
758	agreement or provision for arbitration or, if not so fixed,
759	within such time as the court may order on application of a
760	party to the arbitration. The parties may, by written agreement,
761	extend the time either before or after the expiration thereof.
762	Any objection that an award was not made within the time
763	required is waived unless the objecting party notifies the
764	arbitrators or umpire in writing of his or her objection prior
765	to the delivery of the award to him or her.
766	Section 21.  Section 682.10, Florida Statutes, is amended
767	to read:
768	682.10  Change of award by arbitrators or umpire.-
769	(1)  On motion to an arbitrator by a party to an
770	arbitration proceeding, the arbitrator may modify or correct an
771	award:
772	(a)  Upon a ground stated in s. 682.14(1)(a) or (c);
773	(b)  Because the arbitrator has not made a final and
774	definite award upon a claim submitted by the parties to the
775	arbitration proceeding; or
776	(c)  To clarify the award.
777	(2)  A motion under subsection (1) must be made and notice
778	given to all parties within 20 days after the movant receives
779	notice of the award.
780	(3)  A party to the arbitration proceeding must give notice
781	of any objection to the motion within 10 days after receipt of
782	the notice.
783	(4)  If a motion to the court is pending under s. 682.12,
784	s. 682.13, or s. 682.14, the court may submit the claim to the
785	arbitrator to consider whether to modify or correct the award:
786	(a)  Upon a ground stated in s. 682.14(1)(a) or (c);
787	(b)  Because the arbitrator has not made a final and
788	definite award upon a claim submitted by the parties to the
789	arbitration proceeding; or
790	(c)  To clarify the award.
791	(5)  An award modified or corrected pursuant to this
792	section is subject to ss. 682.09(1), 682.12, 682.13, and 682.14
793	On application of a party to the arbitration, or if an
794	application to the court is pending under s. 682.12, s. 682.13
795	or s. 682.14, on submission to the arbitrators, or to the umpire
796	in the case of an umpire's award, by the court under such
797	conditions as the court may order, the arbitrators or umpire may
798	modify or correct the award upon the grounds stated in s.
799	682.14(1)(a) and (c) or for the purpose of clarifying the award.
800	The application shall be made within 20 days after delivery of
801	the award to the applicant. Written notice thereof shall be
802	given forthwith to the other party to the arbitration, stating
803	that he or she must serve his or her objections thereto, if any,
804	within 10 days from the notice. The award so modified or
805	corrected is subject to the provisions of ss. 682.12-682.14.
806	Section 22.  Section 682.11, Florida Statutes, is amended
807	to read:
808	682.11  Remedies; fees and expenses of arbitration
809	proceeding.-
810	(1)  An arbitrator may award punitive damages or other
811	exemplary relief if such an award is authorized by law in a
812	civil action involving the same claim and the evidence produced
813	at the hearing justifies the award under the legal standards
814	otherwise applicable to the claim.
815	(2)  An arbitrator may award reasonable attorney fees and
816	other reasonable expenses of arbitration if such an award is
817	authorized by law in a civil action involving the same claim or
818	by the agreement of the parties to the arbitration proceeding.
819	(3)  As to all remedies other than those authorized by
820	subsections (1) and (2), an arbitrator may order such remedies
821	as the arbitrator considers just and appropriate under the
822	circumstances of the arbitration proceeding. The fact that such
823	a remedy could not or would not be granted by the court is not a
824	ground for refusing to confirm an award under s. 682.12 or for
825	vacating an award under s. 682.13.
826	(4)  An arbitrator's expenses and fees, together with other
827	expenses, must be paid as provided in the award.
828	(5)  If an arbitrator awards punitive damages or other
829	exemplary relief under subsection (1), the arbitrator shall
830	specify in the award the basis in fact justifying and the basis
831	in law authorizing the award and state separately the amount of
832	the punitive damages or other exemplary relief Unless otherwise
833	provided in the agreement or provision for arbitration, the
834	arbitrators' and umpire's expenses and fees, together with other
835	expenses, not including counsel fees, incurred in the conduct of
836	the arbitration, shall be paid as provided in the award.
837	Section 23.  Section 682.12, Florida Statutes, is amended
838	to read:
839	682.12  Confirmation of an award.-After a party to an
840	arbitration proceeding receives notice of an award, the party
841	may make a motion to the court for an order confirming the award
842	at which time the court shall issue a confirming order unless
843	the award is modified or corrected pursuant to s. 682.10 or s.
844	682.14 or is vacated pursuant to s. 682.13 Upon application of a
845	party to the arbitration, the court shall confirm an award,
846	unless within the time limits hereinafter imposed grounds are
847	urged for vacating or modifying or correcting the award, in
848	which case the court shall proceed as provided in ss. 682.13 and
849	682.14.
850	Section 24.  Section 682.13, Florida Statutes, is amended
851	to read:
852	682.13  Vacating an award.-
853	(1)  Upon motion application of a party to an arbitration
854	proceeding, the court shall vacate an arbitration award if when:
855	(a)  The award was procured by corruption, fraud, or other
856	undue means;.
857	(b)  There was:
858	1.  Evident partiality by an arbitrator appointed as a
859	neutral arbitrator;
860	2.  Corruption by an arbitrator; or
861	3.  Misconduct by an arbitrator prejudicing the rights of a
862	party to the arbitration proceeding; or corruption in any of the
863	arbitrators or umpire or misconduct prejudicing the rights of
864	any party.
865	(c)  An arbitrator refused to postpone the hearing upon
866	showing of sufficient cause for postponement, refused to
867	consider evidence material to the controversy, or otherwise
868	conducted the hearing contrary to s. 682.06, so as to prejudice
869	substantially the rights of a party to the arbitration
870	proceeding; The arbitrators or the umpire in the course of her
871	or his jurisdiction exceeded their powers.
872	(d)  An arbitrator exceeded the arbitrator's powers; The
873	arbitrators or the umpire in the course of her or his
874	jurisdiction refused to postpone the hearing upon sufficient
875	cause being shown therefor or refused to hear evidence material
876	to the controversy or otherwise so conducted the hearing,
877	contrary to the provisions of s. 682.06, as to prejudice
878	substantially the rights of a party.
879	(e)  There was no agreement to arbitrate, unless the person
880	participated in the arbitration proceeding without raising the
881	objection under s. 682.06(3) not later than the beginning of the
882	arbitration hearing; or There was no agreement or provision for
883	arbitration subject to this law, unless the matter was
884	determined in proceedings under s. 682.03 and unless the party
885	participated in the arbitration hearing without raising the
886	objection.
887	(f)  The arbitration was conducted without proper notice of
888	the initiation of an arbitration as required in s. 682.032 so as
889	to prejudice substantially the rights of a party to the
890	arbitration proceeding
891
892	But the fact that the relief was such that it could not or would
893	not be granted by a court of law or equity is not ground for
894	vacating or refusing to confirm the award.
895	(2)  A motion under this section must be filed within 90
896	days after the movant receives notice of the award pursuant to
897	s. 682.09 or within 90 days after the movant receives notice of
898	a modified or corrected award pursuant to s. 682.10, unless the
899	movant alleges that the award was procured by corruption, fraud,
900	or other undue means, in which case the motion must be made
901	within 90 days after the ground is known or by the exercise of
902	reasonable care would have been known by the movant An
903	application under this section shall be made within 90 days
904	after delivery of a copy of the award to the applicant, except
905	that, if predicated upon corruption, fraud or other undue means,
906	it shall be made within 90 days after such grounds are known or
907	should have been known.
908	(3)  If the court vacates an award on a ground other than
909	that set forth in paragraph (1)(e), it may order a rehearing. If
910	the award is vacated on a ground stated in paragraph (1)(a) or
911	paragraph (1)(b), the rehearing must be before a new arbitrator.
912	If the award is vacated on a ground stated in paragraph (1)(c),
913	paragraph (1)(d), or paragraph (1)(f), the rehearing may be
914	before the arbitrator who made the award or the arbitrator's
915	successor. The arbitrator must render the decision in the
916	rehearing within the same time as that provided in s. 682.09(2)
917	for an award In vacating the award on grounds other than those
918	stated in paragraph (1)(e), the court may order a rehearing
919	before new arbitrators chosen as provided in the agreement or
920	provision for arbitration or by the court in accordance with s.
921	682.04, or, if the award is vacated on grounds set forth in
922	paragraphs (1)(c) and (d), the court may order a rehearing
923	before the arbitrators or umpire who made the award or their
924	successors appointed in accordance with s. 682.04. The time
925	within which the agreement or provision for arbitration requires
926	the award to be made is applicable to the rehearing and
927	commences from the date of the order therefor.
928	(4)  If a motion the application to vacate is denied and no
929	motion to modify or correct the award is pending, the court
930	shall confirm the award.
931	Section 25.  Section 682.14, Florida Statutes, is amended
932	to read:
933	682.14  Modification or correction of award.-
934	(1)  Upon motion made within 90 days after the movant
935	receives notice of the award pursuant to s. 682.09 or within 90
936	days after the movant receives notice of a modified or corrected
937	award pursuant to s. 682.10, the court shall modify or correct
938	the award if Upon application made within 90 days after delivery
939	of a copy of the award to the applicant, the court shall modify
940	or correct the award when:
941	(a)  There is an evident miscalculation of figures or an
942	evident mistake in the description of any person, thing, or
943	property referred to in the award.
944	(b)  The arbitrators or umpire have awarded upon a matter
945	not submitted in the arbitration to them or him or her and the
946	award may be corrected without affecting the merits of the
947	decision upon the issues submitted.
948	(c)  The award is imperfect as a matter of form, not
949	affecting the merits of the controversy.
950	(2)  If the application is granted, the court shall modify
951	and correct the award so as to effect its intent and shall
952	confirm the award as so modified and corrected. Otherwise,
953	unless a motion to vacate the award under s. 682.13 is pending,
954	the court shall confirm the award as made.
955	(3)  An application to modify or correct an award may be
956	joined in the alternative with an application to vacate the
957	award under s. 682.13.
958	Section 26.  Section 682.15, Florida Statutes, is amended
959	to read:
960	682.15  Judgment or decree on award.-
961	(1)  Upon granting an order confirming, vacating without
962	directing a rehearing, modifying, or correcting an award, the
963	court shall enter a judgment in conformity therewith. The
964	judgment may be recorded, docketed, and enforced as any other
965	judgment in a civil action.
966	(2)  A court may allow reasonable costs of the motion and
967	subsequent judicial proceedings.
968	(3)  On motion of a prevailing party to a contested
969	judicial proceeding under s. 682.12, s. 682.13, or s. 682.14,
970	the court may add reasonable attorney fees and other reasonable
971	expenses of litigation incurred in a judicial proceeding after
972	the award is made to a judgment confirming, vacating without
973	directing a rehearing, modifying, or correcting an award Upon
974	the granting of an order confirming, modifying or correcting an
975	award, judgment or decree shall be entered in conformity
976	therewith and be enforced as any other judgment or decree. Costs
977	of the application and of the proceedings subsequent thereto,
978	and disbursements may be awarded by the court.
979	Section 27.  Section 682.16, Florida Statutes, is repealed.
980	Section 28.  Section 682.17, Florida Statutes, is repealed.
981	Section 29.  Section 682.18, Florida Statutes, is repealed.
982	Section 30.  Section 682.181, Florida Statutes, is created
983	to read:
984	682.181  Jurisdiction.-
985	(1)  A court of this state having jurisdiction over the
986	controversy and the parties may enforce an agreement to
987	arbitrate.
988	(2)  An agreement to arbitrate providing for arbitration in
989	this state confers exclusive jurisdiction on the court to enter
990	judgment on an award under the Revised Florida Arbitration Code.
991	Section 31.  Section 682.19, Florida Statutes, is amended
992	to read:
993	682.19  Venue.-A petition pursuant to s. 682.015 must be
994	filed in the court of the county in which the agreement to
995	arbitrate specifies the arbitration hearing is to be held or, if
996	the hearing has been held, in the court of the county in which
997	it was held. Otherwise, the petition may be made in the court of
998	any county in which an adverse party resides or has a place of
999	business or, if no adverse party has a residence or place of
1000	business in this state, in the court of any county in this
1001	state. All subsequent petitions must be made in the court
1002	hearing the initial petition unless the court otherwise directs
1003	Any application under this law may be made to the court of the
1004	county in which the other party to the agreement or provision
1005	for arbitration resides or has a place of business, or, if she
1006	or he has no residence or place of business in this state, then
1007	to the court of any county. All applications under this law
1008	subsequent to an initial application shall be made to the court
1009	hearing the initial application unless it shall order otherwise.
1010	Section 32.  Section 682.20, Florida Statutes, is amended
1011	to read:
1012	682.20  Appeals.-
1013	(1)  An appeal may be taken from:
1014	(a)  An order denying an application to compel arbitration
1015	made under s. 682.03.
1016	(b)  An order granting a motion an application to stay
1017	arbitration pursuant to made under s. 682.03(2)-(4).
1018	(c)  An order confirming or denying confirmation of an
1019	award.
1020	(d)  An order denying confirmation of an award unless the
1021	court has entered an order under s. 682.10(4) or s. 682.13. All
1022	other orders denying confirmation of an award are final orders.
1023	(e)(d)  An order modifying or correcting an award.
1024	(f)(e)  An order vacating an award without directing a
1025	rehearing.
1026	(g)(f)  A judgment or decree entered pursuant to this
1027	chapter the provisions of this law.
1028	(2)  The appeal shall be taken in the manner and to the
1029	same extent as from orders or judgments in a civil action.
1030	Section 33.  Section 682.21, Florida Statutes, is repealed.
1031	Section 34.  Section 682.22, Florida Statutes, is repealed.
1032	Section 35.  Section 682.23, Florida Statutes, is created
1033	to read:
1034	682.23  Relationship to Electronic Signatures in Global and
1035	National Commerce Act.-The provisions of this chapter governing
1036	the legal effect, validity, and enforceability of electronic
1037	records or electronic signatures and of contracts performed with
1038	the use of such records or signatures conform to the
1039	requirements of s. 102 of the Electronic Signatures in Global
1040	and National Commerce Act, 15 U.S.C. s. 7002.
1041	Section 36.  Section 682.24, Florida Statutes, is created
1042	to read:
1043	682.24  Effective date; applicability.-
1044	(1)  The Revised Florida Arbitration Code takes effect on
1045	July 1, 2012.
1046	(2)  The Revised Florida Arbitration Code does not affect
1047	an action or proceeding commenced or right accrued before the
1048	Revised Florida Arbitration Code takes effect. Subject to s.
1049	682.013, an arbitration agreement made before July 1, 2012, is
1050	governed by the former Florida Arbitration Code.
1051	Section 37.  Section 682.25, Florida Statutes, is created
1052	to read:
1053	682.25  Disputes excluded.-The Revised Florida Arbitration
1054	Code does not apply to any dispute involving child custody,
1055	visitation, or child support.
1056	Section 38.  Section 44.104, Florida Statutes, is amended
1057	to read:
1058	44.104  Voluntary binding arbitration and voluntary trial
1059	resolution.-
1060	(1)  Two or more opposing parties who are involved in a
1061	civil dispute may agree in writing to submit the controversy to
1062	voluntary binding arbitration, or voluntary trial resolution, in
1063	lieu of judicial litigation of the issues involved, prior to or
1064	after a lawsuit has been filed, provided no constitutional issue
1065	is involved.
1066	(2)  If the parties have entered into an such an agreement
1067	and the agreement which provides in voluntary binding
1068	arbitration for a method for appointing of one or more
1069	arbitrators, or which provides in voluntary trial resolution a
1070	method for appointing the a member of The Florida Bar in good
1071	standing for more than 5 years to act as trial resolution judge,
1072	that method shall be followed the court shall proceed with the
1073	appointment as prescribed. However, in voluntary binding
1074	arbitration at least one of the arbitrators, who shall serve as
1075	the chief arbitrator, shall meet the qualifications and training
1076	requirements adopted pursuant to s. 44.106. In the absence of an
1077	agreement on a method for appointing the trial resolution judge,
1078	or if the agreement method fails or for any reason cannot be
1079	followed, and the parties fail to agree on the person to serve
1080	as the trial resolution judge, the court, on application of a
1081	party, shall appoint one or more qualified arbitrators, or the
1082	trial resolution judge, as the case requires. A trial resolution
1083	judge must be a member of The Florida Bar in good standing for 5
1084	years or more who has agreed to serve.
1085	(3)  The arbitrators or trial resolution judge shall be
1086	compensated by the parties according to their agreement with the
1087	trial resolution judge.
1088	(4)  Within 10 days after the submission of the request for
1089	binding arbitration, or voluntary trial resolution, the court
1090	shall provide for the appointment of the arbitrator or
1091	arbitrators, or trial resolution judge, as the case requires.
1092	Once appointed, the arbitrators or trial resolution judge shall
1093	notify the parties of the time and place for the hearing.
1094	(5)  Application for voluntary binding arbitration or
1095	voluntary trial resolution shall be filed and fees paid to the
1096	clerk of court as if for complaints initiating civil actions.
1097	The clerk of the court shall handle and account for these
1098	matters in all respects as if they were civil actions, except
1099	that the clerk of court shall keep separate the records of the
1100	applications for voluntary binding arbitration and the records
1101	of the applications for voluntary trial resolution from all
1102	other civil actions.
1103	(6)  Filing of the application for binding arbitration or
1104	voluntary trial resolution tolls will toll the running of the
1105	applicable statutes of limitation.
1106	(7)  The chief arbitrator or trial resolution judge may
1107	administer oaths or affirmations and conduct the proceedings as
1108	the rules of court shall provide. At the request of any party,
1109	the chief arbitrator or trial resolution judge shall issue
1110	subpoenas for the attendance of witnesses and for the production
1111	of books, records, documents, and other evidence and may apply
1112	to the court for orders compelling attendance and production.
1113	Subpoenas shall be served and shall be enforceable in the manner
1114	provided by law. The trial resolution judge may order temporary
1115	relief in the same manner, and to the same extent, as in civil
1116	actions generally. Any party may enforce such an order by filing
1117	a petition in the court. Orders entered by the court are
1118	reviewable by the appellate court in the same manner, and to the
1119	same extent, as orders in civil actions generally.
1120	(8)  A voluntary binding arbitration hearing shall be
1121	conducted by all of the arbitrators, but a majority may
1122	determine any question and render a final decision. A trial
1123	resolution judge shall conduct a voluntary trial resolution
1124	hearing. The trial resolution judge may determine any question
1125	and render a final decision.
1126	(9)  The Florida Evidence Code and Florida Rules of Civil
1127	Procedure shall apply to all proceedings under this section,
1128	except that voluntary trial resolution is not governed by
1129	procedural rules regulating general and special magistrates, and
1130	rulings of the trial resolution judge are not reviewable by
1131	filing exceptions with the court.
1132	(10)  An appeal of a voluntary binding arbitration decision
1133	shall be taken to the circuit court and shall be limited to
1134	review on the record and not de novo, of:
1135	(a)  Any alleged failure of the arbitrators to comply with
1136	the applicable rules of procedure or evidence.
1137	(b)  Any alleged partiality or misconduct by an arbitrator
1138	prejudicing the rights of any party.
1139	(c)  Whether the decision reaches a result contrary to the
1140	Constitution of the United States or of the State of Florida.
1141	(10)(11)  Any party may enforce a final decision rendered
1142	in a voluntary trial by filing a petition for final judgment in
1143	the circuit court in the circuit in which the voluntary trial
1144	took place. Upon entry of final judgment by the circuit court,
1145	any party may appeal to the appropriate appellate court. The
1146	judgment is reviewable by the appellate court in the same
1147	manner, and to the same extent, as a judgment in a civil action
1148	Factual findings determined in the voluntary trial are not
1149	subject to appeal.
1150	(12)  The harmless error doctrine shall apply in all
1151	appeals. No further review shall be permitted unless a
1152	constitutional issue is raised.
1153	(11)(13)  If no appeal is taken within the time provided by
1154	rules promulgated by the Supreme Court, then the decision shall
1155	be referred to the presiding judge in the case, or if one has
1156	not been assigned, then to the chief judge of the circuit for
1157	assignment to a circuit judge, who shall enter such orders and
1158	judgments as are required to carry out the terms of the
1159	decision. Equitable remedies are, which orders shall be
1160	enforceable by the contempt powers of the court to the same
1161	extent as in civil actions generally. When a judgment provides
1162	for execution, and for which judgments execution shall issue on
1163	request of a party.
1164	(12)(14)  This section does shall not apply to any dispute
1165	involving child custody, visitation, or child support, or to any
1166	dispute that which involves the rights of a third party not a
1167	party to the arbitration or voluntary trial resolution when the
1168	third party would be an indispensable party if the dispute were
1169	resolved in court or when the third party notifies the chief
1170	arbitrator or the trial resolution judge that the third party
1171	would be a proper party if the dispute were resolved in court,
1172	that the third party intends to intervene in the action in
1173	court, and that the third party does not agree to proceed under
1174	this section.
1175	(13)  A trial resolution judge does not have jurisdiction
1176	to declare unconstitutional a statute, ordinance, or provision
1177	of a constitution. If any such claim is made in the voluntary
1178	trial resolution proceeding, that claim shall be severed and
1179	adjudicated by a judge of the court.
1180	(14)(a)  The parties may agree to a trial by a privately
1181	selected jury. The court's jury pool may not be used for this
1182	purpose. In all other cases, the trial resolution judge shall
1183	conduct a bench trial.
1184	(b)  The trial resolution judge may wear a judicial robe
1185	and use the title "Trial Resolution Judge" when acting in that
1186	capacity.
1187	Section 39.  Subsection (1) of section 44.107, Florida
1188	Statutes, is amended to read:
1189	44.107  Immunity for arbitrators, voluntary trial
1190	resolution judges, mediators, and mediator trainees.-
1191	(1)  Arbitrators serving under s. 44.103, voluntary trial
1192	resolution judges serving under or s. 44.104, mediators serving
1193	under s. 44.102, and trainees fulfilling the mentorship
1194	requirements for certification by the Supreme Court as a
1195	mediator shall have judicial immunity in the same manner and to
1196	the same extent as a judge and are entitled to the same immunity
1197	and remedies provided in s. 682.051.
1198	Section 40.  Section 440.1926, Florida Statutes, is amended
1199	to read:
1200	440.1926  Alternate dispute resolution; claim arbitration.-
1201	Notwithstanding any other provision of this chapter, the
1202	employer, carrier, and employee may mutually agree to seek
1203	consent from a judge of compensation claims to enter into
1204	binding claim arbitration in lieu of any other remedy provided
1205	for in this chapter to resolve all issues in dispute regarding
1206	an injury. Arbitrations agreed to pursuant to this section shall
1207	be governed by chapter 682, the Revised Florida Arbitration
1208	Code, except that, notwithstanding any provision in chapter 682,
1209	the term "court" shall mean a judge of compensation claims. An
1210	arbitration award in accordance with this section is shall be
1211	enforceable in the same manner and with the same powers as any
1212	final compensation order.
1213	Section 41.  Paragraph (a) of subsection (1) of section
1214	489.1402, Florida Statutes, is amended to read:
1215	489.1402  Homeowners' Construction Recovery Fund;
1216	definitions.-
1217	(1)  The following definitions apply to ss. 489.140-
1218	489.144:
1219	(a)  "Arbitration" means alternative dispute resolution
1220	entered into between a claimant and a contractor either pursuant
1221	to a construction contract that contains a mandatory arbitration
1222	clause or through any binding arbitration under the Revised
1223	Florida Arbitration Code.
1224	Section 42.  Subsection (2) of section 731.401, Florida
1225	Statutes, is amended to read:
1226	731.401  Arbitration of disputes.-
1227	(2)  Unless otherwise specified in the will or trust, a
1228	will or trust provision requiring arbitration shall be presumed
1229	to require voluntary trial resolution binding arbitration under
1230	s. 44.104.
1231	Section 43.  The Division of Statutory Revision is directed
1232	to redesignate the title of chapter 44, Florida Statutes, as
1233	"Alternative Dispute Resolution."
1234	Section 44.  The Division of Statutory Revision is directed
1235	to replace the phrase "the effective date of this act" wherever
1236	it occurs in this act with the date this act becomes a law.
1237	Section 45.  This act shall take effect July 1, 2012.

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