Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for SB 530
                                Barcode 574288                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             04/03/2013 12:39 PM       .                                

       Senator Diaz de la Portilla moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 466 - 487
    4  and insert:
    5         (1) A clause in a consumer arbitration agreement which
    6  establishes a method for appointing arbitrators is valid only if
    7  the agreement is entered into while a controversy subject to
    8  arbitration exists or a subsequent controversy subject to
    9  arbitration arises. For purposes of this subsection, the term
   10  “consumer arbitration agreement” means a standardized contract
   11  between a consumer and a nonconsumer which:
   12         (a) Is drafted by the nonconsumer party; and
   13         (b) Includes a provision requiring that disputes arising
   14  after the contract is signed be submitted to binding
   15  arbitration.
   16         (2) If the parties to an agreement to arbitrate agree on or
   17  provision for arbitration subject to this law provides a method
   18  for appointing an arbitrator the appointment of arbitrators or
   19  an umpire, this method must shall be followed, unless the method
   20  fails.
   21         (3) The court, on motion of a party to an arbitration
   22  agreement, shall appoint one or more arbitrators, if:
   23         (a) The parties have not agreed on a method;
   24         (b) The agreed method fails;
   25         (c) One or more of the parties failed to respond to the
   26  demand for arbitration; or
   27         (d) An arbitrator fails to act and a successor has not been
   28  appointed.
   29         (4)In the absence thereof, or if the agreed method fails
   30  or for any reason cannot be followed, or if an arbitrator or
   31  umpire who has been appointed fails to act and his or her
   32  successor has not been duly appointed, the court, on application
   33  of a party to such agreement or provision shall appoint one or
   34  more arbitrators or an umpire. An arbitrator or umpire so
   35  appointed under subsection (3) has the same shall have like
   36  powers as an arbitrator designated as if named or provided for
   37  in the agreement to arbitrate appointed pursuant to the agreed
   38  method or provision.
   39         (5) An individual who has a known, direct, and material
   41  ================= T I T L E  A M E N D M E N T ================
   42         And the title is amended as follows:
   43         Between lines 42 and 43
   44  insert:
   45         establishing that a controversy subject to arbitration
   46         must exist before a method for appointing arbitrators
   47         can be agreed upon; defining a consumer arbitration
   48         agreement;