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)
2
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
40
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;