Florida Senate - 2013                                     SB 530
       
       
       
       By Senator Thrasher
       
       
       
       
       6-00240A-13                                            2013530__
    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 who has 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 that capacity; providing that
   68         this immunity is supplemental to any immunity under
   69         other law; providing that failure to make a required
   70         disclosure does not remove immunity; providing that an
   71         arbitrator or representative of an arbitration
   72         organization is not competent to testify and may not
   73         be required to produce records concerning the
   74         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; providing exceptions; amending
  102         s. 682.09, F.S.; revising provisions relating to the
  103         record needed for an award; revising provisions
  104         relating to the time within which an award must be
  105         made; amending s. 682.10, F.S.; revising provisions
  106         relating to requirements for a motion to modify or
  107         correct an award; amending s. 682.11, F.S.; revising
  108         provisions relating to fees and expenses of
  109         arbitration; authorizing punitive damages and other
  110         exemplary relief and remedies; amending s. 682.12,
  111         F.S.; revising provisions relating to confirmation of
  112         an award; amending s. 682.13, F.S.; revising
  113         provisions relating to grounds for vacating an award;
  114         revising provisions relating to a motion for vacating
  115         an award; providing for a rehearing in certain
  116         circumstances; amending s. 682.14, F.S.; revising
  117         provisions relating to the time for moving to modify
  118         or correct an award; deleting references to the term
  119         “umpire”; revising a provision concerning confirmation
  120         of awards; amending s. 682.15, F.S.; revising
  121         provisions relating to a court order confirming,
  122         vacating without directing a rehearing, modifying, or
  123         correcting an award; providing for award of costs and
  124         attorney fees in certain circumstances; repealing s.
  125         682.16, F.S., relating to judgment roll and docketing
  126         of certain orders; repealing s. 682.17, F.S., relating
  127         to 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         providing for applicability; creating s. 682.25, F.S.;
  144         providing that the revised code does not apply to any
  145         dispute involving child custody, visitation, or child
  146         support; amending ss. 440.1926, 489.1402, and 731.401,
  147         F.S.; conforming cross-references; providing an
  148         effective date.
  149  
  150  Be It Enacted by the Legislature of the State of Florida:
  151  
  152         Section 1.  Section 682.01, Florida Statutes, is amended to
  153  read:
  154         682.01 Short title Florida Arbitration Code.—This chapter
  155  Sections 682.01-682.22 may be cited as the “Revised Florida
  156  Arbitration Code.”
  157         Section 2. Section 682.011, Florida Statutes, is created to
  158  read:
  159         682.011 Definitions.—As used in this chapter, the term:
  160         (1) “Arbitration organization” means an association,
  161  agency, board, commission, or other entity that is neutral and
  162  initiates, sponsors, or administers an arbitration proceeding or
  163  is involved in the appointment of an arbitrator.
  164         (2) “Arbitrator” means an individual appointed to render an
  165  award, alone or with others, in a controversy that is subject to
  166  an agreement to arbitrate.
  167         (3) “Court” means a court of competent jurisdiction in this
  168  state.
  169         (4) “Knowledge” means actual knowledge.
  170         (5) “Person” means an individual, corporation, business
  171  trust, estate, trust, partnership, limited liability company,
  172  association, joint venture, or government; governmental
  173  subdivision, agency, or instrumentality; public corporation; or
  174  any other legal or commercial entity.
  175         (6) “Record” means information that is inscribed on a
  176  tangible medium or that is stored in an electronic or other
  177  medium and is retrievable in perceivable form.
  178         Section 3. Section 682.012, Florida Statutes, is created to
  179  read:
  180         682.012 Notice.—
  181         (1) Except as otherwise provided in this chapter, a person
  182  gives notice to another person by taking action that is
  183  reasonably necessary to inform the other person in ordinary
  184  course, whether or not the other person acquires knowledge of
  185  the notice.
  186         (2) A person has notice if the person has knowledge of the
  187  notice or has received notice.
  188         (3) A person receives notice when it comes to the person’s
  189  attention or the notice is delivered at the person’s place of
  190  residence or place of business, or at another location held out
  191  by the person as a place of delivery of such communications.
  192         Section 4. Section 682.013, Florida Statutes, is created to
  193  read:
  194         682.013 Applicability of revised code.—
  195         (1) The Revised Florida Arbitration Code governs an
  196  agreement to arbitrate made on or after July 1, 2013.
  197         (2) The Revised Florida Arbitration Code governs an
  198  agreement to arbitrate made before July 1, 2013, if all the
  199  parties to the agreement or to the arbitration proceeding so
  200  agree in a record. Otherwise, such agreements shall be governed
  201  by the applicable law existing at the time the parties entered
  202  into the agreement.
  203         (3) The Revised Florida Arbitration Code does not affect an
  204  action or proceeding commenced or right accrued before July 1,
  205  2013.
  206         (4) Beginning July 1, 2016, an agreement to arbitrate shall
  207  be subject to the then-applicable law governing agreements to
  208  arbitrate.
  209         Section 5. Section 682.014, Florida Statutes, is created to
  210  read:
  211         682.014 Effect of agreement to arbitrate; nonwaivable
  212  provisions.—
  213         (1) Except as otherwise provided in subsections (2) and
  214  (3), a party to an agreement to arbitrate or to an arbitration
  215  proceeding may waive, or the parties may vary the effect of, the
  216  requirements of this chapter to the extent permitted by law.
  217         (2) Before a controversy arises that is subject to an
  218  agreement to arbitrate, a party to the agreement may not:
  219         (a) Waive or agree to vary the effect of the requirements
  220  of:
  221         1. Commencing a petition for judicial relief under s.
  222  682.015(1);
  223         2. Making agreements to arbitrate valid, enforceable, and
  224  irrevocable under s. 682.02(1);
  225         3. Permitting provisional remedies under s. 682.031;
  226         4. Conferring authority on arbitrators to issue subpoenas
  227  and permit depositions under s. 682.08(1) or (2);
  228         5. Conferring jurisdiction under s. 682.181; or
  229         6. Stating the bases for appeal under s. 682.20;
  230         (b) Agree to unreasonably restrict the right under s.
  231  682.032 to notice of the initiation of an arbitration
  232  proceeding;
  233         (c) Agree to unreasonably restrict the right under s.
  234  682.041 to disclosure of any facts by a neutral arbitrator; or
  235         (d) Waive the right under s. 682.07 of a party to an
  236  agreement to arbitrate to be represented by an attorney at any
  237  proceeding or hearing under this chapter, but an employer and a
  238  labor organization may waive the right to representation by an
  239  attorney in a labor arbitration.
  240         (3) A party to an agreement to arbitrate or arbitration
  241  proceeding may not waive, or the parties may not vary the effect
  242  of, the requirements in this section or:
  243         (a) The applicability of this chapter, the Revised Florida
  244  Arbitration Code, under s. 682.013(1) or (4);
  245         (b) The availability of proceedings to compel or stay
  246  arbitration under s. 682.03;
  247         (c) The immunity conferred on arbitrators and arbitration
  248  organizations under s. 682.051;
  249         (d) A party’s right to seek judicial enforcement of an
  250  arbitration preaward ruling under s. 682.081;
  251         (e) The authority conferred on an arbitrator to change an
  252  award under s. 682.10(4) or (5);
  253         (f) The remedies provided under s. 682.12;
  254         (g) The grounds for vacating an arbitration award under s.
  255  682.13;
  256         (h) The grounds for modifying an arbitration award under s.
  257  682.14;
  258         (i) The validity and enforceability of a judgment or decree
  259  based on an award under s. 682.15(1) or (2);
  260         (j) The validity of the Electronic Signatures in Global and
  261  National Commerce Act under s. 682.23; or
  262         (k) The excluded disputes involving child custody,
  263  visitation, or child support under s. 682.25.
  264         Section 6. Section 682.015, Florida Statutes, is created to
  265  read:
  266         682.015 Petition for judicial relief.—
  267         (1) Except as otherwise provided in s. 682.20, a petition
  268  for judicial relief under this chapter must be made to the court
  269  and heard in the manner provided by law or rule of court for
  270  making and hearing motions.
  271         (2) Unless a civil action involving the agreement to
  272  arbitrate is pending, notice of an initial petition to the court
  273  under this chapter must be served in the manner provided by law
  274  for the service of a summons in a civil action. Otherwise,
  275  notice of the motion must be given in the manner provided by law
  276  or rule of court for serving motions in pending cases.
  277         Section 7. Section 682.02, Florida Statutes, is amended to
  278  read:
  279         682.02 Arbitration agreements made valid, irrevocable, and
  280  enforceable; scope.—
  281         (1) An agreement contained in a record to submit to
  282  arbitration any existing or subsequent controversy arising
  283  between the parties to the agreement is valid, enforceable, and
  284  irrevocable except upon a ground that exists at law or in equity
  285  for the revocation of a contract.
  286         (2) The court shall decide whether an agreement to
  287  arbitrate exists or a controversy is subject to an agreement to
  288  arbitrate.
  289         (3) An arbitrator shall decide whether a condition
  290  precedent to arbitrability has been fulfilled and whether a
  291  contract containing a valid agreement to arbitrate is
  292  enforceable.
  293         (4) If a party to a judicial proceeding challenges the
  294  existence of, or claims that a controversy is not subject to, an
  295  agreement to arbitrate, the arbitration proceeding may continue
  296  pending final resolution of the issue by the court, unless the
  297  court otherwise orders.
  298         (5)Two or more parties may agree in writing to submit to
  299  arbitration any controversy existing between them at the time of
  300  the agreement, or they may include in a written contract a
  301  provision for the settlement by arbitration of any controversy
  302  thereafter arising between them relating to such contract or the
  303  failure or refusal to perform the whole or any part thereof.
  304  This section also applies to written interlocal agreements under
  305  ss. 163.01 and 373.713 in which two or more parties agree to
  306  submit to arbitration any controversy between them concerning
  307  water use permit motions applications and other matters,
  308  regardless of whether or not the water management district with
  309  jurisdiction over the subject motion application is a party to
  310  the interlocal agreement or a participant in the arbitration.
  311  Such agreement or provision shall be valid, enforceable, and
  312  irrevocable without regard to the justiciable character of the
  313  controversy; provided that this act shall not apply to any such
  314  agreement or provision to arbitrate in which it is stipulated
  315  that this law shall not apply or to any arbitration or award
  316  thereunder.
  317         Section 8. Section 682.03, Florida Statutes, is amended to
  318  read:
  319         682.03 Proceedings to compel and to stay arbitration.—
  320         (1) On motion of a person showing an agreement to arbitrate
  321  and alleging another person’s refusal to arbitrate pursuant to
  322  the agreement:
  323         (a) If the refusing party does not appear or does not
  324  oppose the motion, the court shall order the parties to
  325  arbitrate.
  326         (b) If the refusing party opposes the motion, the court
  327  shall proceed summarily to decide the issue and order the
  328  parties to arbitrate unless it finds that there is no
  329  enforceable agreement to arbitrate. A party to an agreement or
  330  provision for arbitration subject to this law claiming the
  331  neglect or refusal of another party thereto to comply therewith
  332  may make application to the court for an order directing the
  333  parties to proceed with arbitration in accordance with the terms
  334  thereof. If the court is satisfied that no substantial issue
  335  exists as to the making of the agreement or provision, it shall
  336  grant the application. If the court shall find that a
  337  substantial issue is raised as to the making of the agreement or
  338  provision, it shall summarily hear and determine the issue and,
  339  according to its determination, shall grant or deny the
  340  application.
  341         (2) On motion of a person alleging that an arbitration
  342  proceeding has been initiated or threatened but that there is no
  343  agreement to arbitrate, the court shall proceed summarily to
  344  decide the issue. If the court finds that there is an
  345  enforceable agreement to arbitrate, it shall order the parties
  346  to arbitrate. If an issue referable to arbitration under an
  347  agreement or provision for arbitration subject to this law
  348  becomes involved in an action or proceeding pending in a court
  349  having jurisdiction to hear an application under subsection (1),
  350  such application shall be made in said court. Otherwise and
  351  subject to s. 682.19, such application may be made in any court
  352  of competent jurisdiction.
  353         (3) If the court finds that there is no enforceable
  354  agreement to arbitrate, it may not order the parties to
  355  arbitrate pursuant to subsection (1) or subsection (2). Any
  356  action or proceeding involving an issue subject to arbitration
  357  under this law shall be stayed if an order for arbitration or an
  358  application therefor has been made under this section or, if the
  359  issue is severable, the stay may be with respect thereto only.
  360  When the application is made in such action or proceeding, the
  361  order for arbitration shall include such stay.
  362         (4) The court may not refuse to order arbitration because
  363  the claim subject to arbitration lacks merit or grounds for the
  364  claim have not been established. On application the court may
  365  stay an arbitration proceeding commenced or about to be
  366  commenced, if it shall find that no agreement or provision for
  367  arbitration subject to this law exists between the party making
  368  the application and the party causing the arbitration to be had.
  369  The court shall summarily hear and determine the issue of the
  370  making of the agreement or provision and, according to its
  371  determination, shall grant or deny the application.
  372         (5) If a proceeding involving a claim referable to
  373  arbitration under an alleged agreement to arbitrate is pending
  374  in court, a motion under this section must be made in that
  375  court. Otherwise, a motion under this section may be made in any
  376  court as provided in s. 682.19. An order for arbitration shall
  377  not be refused on the ground that the claim in issue lacks merit
  378  or bona fides or because any fault or grounds for the claim
  379  sought to be arbitrated have not been shown.
  380         (6) If a party makes a motion to the court to order
  381  arbitration, the court on just terms shall stay any judicial
  382  proceeding that involves a claim alleged to be subject to the
  383  arbitration until the court renders a final decision under this
  384  section.
  385         (7) If the court orders arbitration, the court on just
  386  terms shall stay any judicial proceeding that involves a claim
  387  subject to the arbitration. If a claim subject to the
  388  arbitration is severable, the court may limit the stay to that
  389  claim.
  390         Section 9. Section 682.031, Florida Statutes, is created to
  391  read:
  392         682.031 Provisional remedies.—
  393         (1) Before an arbitrator is appointed and is authorized and
  394  able to act, the court, upon motion of a party to an arbitration
  395  proceeding and for good cause shown, may enter an order for
  396  provisional remedies to protect the effectiveness of the
  397  arbitration proceeding to the same extent and under the same
  398  conditions as if the controversy were the subject of a civil
  399  action.
  400         (2) After an arbitrator is appointed and is authorized and
  401  able to act:
  402         (a) The arbitrator may issue such orders for provisional
  403  remedies, including interim awards, as the arbitrator finds
  404  necessary to protect the effectiveness of the arbitration
  405  proceeding and to promote the fair and expeditious resolution of
  406  the controversy, to the same extent and under the same
  407  conditions as if the controversy were the subject of a civil
  408  action.
  409         (b) A party to an arbitration proceeding may move the court
  410  for a provisional remedy only if the matter is urgent and the
  411  arbitrator is not able to act timely or the arbitrator cannot
  412  provide an adequate remedy.
  413         (3) A party does not waive a right of arbitration by making
  414  a motion under this section.
  415         (4) If an arbitrator awards a provisional remedy for
  416  injunctive or equitable relief, the arbitrator shall state in
  417  the award the factual findings and legal basis for the award.
  418         (5) A party may seek to confirm or vacate a provisional
  419  remedy award for injunctive or equitable relief under s.
  420  682.081.
  421         Section 10. Section 682.032, Florida Statutes, is created
  422  to read:
  423         682.032 Initiation of arbitration.—
  424         (1) A person initiates an arbitration proceeding by giving
  425  notice in a record to the other parties to the agreement to
  426  arbitrate in the agreed manner between the parties or, in the
  427  absence of agreement, by certified or registered mail, return
  428  receipt requested and obtained, or by service as authorized for
  429  the commencement of a civil action. The notice must describe the
  430  nature of the controversy and the remedy sought.
  431         (2) Unless a person objects for lack or insufficiency of
  432  notice under s. 682.06(3) not later than the beginning of the
  433  arbitration hearing, the person by appearing at the hearing
  434  waives any objection to lack of or insufficiency of notice.
  435         Section 11. Section 682.033, Florida Statutes, is created
  436  to read:
  437         682.033 Consolidation of separate arbitration proceedings.—
  438         (1) Except as otherwise provided in subsection (3), upon
  439  motion of a party to an agreement to arbitrate or to an
  440  arbitration proceeding, the court may order consolidation of
  441  separate arbitration proceedings as to all or some of the claims
  442  if:
  443         (a) There are separate agreements to arbitrate or separate
  444  arbitration proceedings between the same persons or one of them
  445  is a party to a separate agreement to arbitrate or a separate
  446  arbitration proceeding with a third person;
  447         (b) The claims subject to the agreements to arbitrate arise
  448  in substantial part from the same transaction or series of
  449  related transactions;
  450         (c) The existence of a common issue of law or fact creates
  451  the possibility of conflicting decisions in the separate
  452  arbitration proceedings; and
  453         (d) Prejudice resulting from a failure to consolidate is
  454  not outweighed by the risk of undue delay or prejudice to the
  455  rights of or hardship to parties opposing consolidation.
  456         (2) The court may order consolidation of separate
  457  arbitration proceedings as to some claims and allow other claims
  458  to be resolved in separate arbitration proceedings.
  459         (3) The court may not order consolidation of the claims of
  460  a party to an agreement to arbitrate if the agreement prohibits
  461  consolidation.
  462         Section 12. Section 682.04, Florida Statutes, is amended to
  463  read:
  464         682.04 Appointment of arbitrators by court.—
  465         (1) If the parties to an agreement to arbitrate agree on or
  466  provision for arbitration subject to this law provides a method
  467  for appointing the appointment of arbitrators or an umpire, this
  468  method must shall be followed, unless the method fails.
  469         (2) The court, on application of a party to an arbitration
  470  agreement, shall appoint one or more arbitrators, if:
  471         (a) The parties have not agreed on a method;
  472         (b) The agreed method fails;
  473         (c) One or more of the parties failed to respond to the
  474  demand for arbitration; or
  475         (d) An arbitrator fails to act and a successor has not been
  476  appointed.
  477         (3)In the absence thereof, or if the agreed method fails
  478  or for any reason cannot be followed, or if an arbitrator or
  479  umpire who has been appointed fails to act and his or her
  480  successor has not been duly appointed, the court, on application
  481  of a party to such agreement or provision shall appoint one or
  482  more arbitrators or an umpire. An arbitrator or umpire so
  483  appointed has all the shall have like powers of an arbitrator
  484  designated as if named or provided for in the agreement to
  485  arbitrate appointed pursuant to the agreed method or provision.
  486         (4) An individual who has a known, direct, and material
  487  interest in the outcome of the arbitration proceeding or a
  488  known, existing, and substantial relationship with a party may
  489  not serve as an arbitrator required by an agreement to be
  490  neutral.
  491         Section 13. Section 682.041, Florida Statutes, is created
  492  to read:
  493         682.041 Disclosure by arbitrator.—
  494         (1) Before accepting appointment, an individual who is
  495  requested to serve as an arbitrator, after making a reasonable
  496  inquiry, shall disclose to all parties to the agreement to
  497  arbitrate and arbitration proceeding and to any other
  498  arbitrators any known facts that a reasonable person would
  499  consider likely to affect the person’s impartiality as an
  500  arbitrator in the arbitration proceeding, including:
  501         (a) A financial or personal interest in the outcome of the
  502  arbitration proceeding.
  503         (b) An existing or past relationship with any of the
  504  parties to the agreement to arbitrate or the arbitration
  505  proceeding, their counsel or representative, a witness, or
  506  another arbitrator.
  507         (2) An arbitrator has a continuing obligation to disclose
  508  to all parties to the agreement to arbitrate and arbitration
  509  proceeding and to any other arbitrators any facts that the
  510  arbitrator learns after accepting appointment that a reasonable
  511  person would consider likely to affect the impartiality of the
  512  arbitrator.
  513         (3) If an arbitrator discloses a fact required by
  514  subsection (1) or subsection (2) to be disclosed and a party
  515  timely objects to the appointment or continued service of the
  516  arbitrator based upon the fact disclosed, the objection may be a
  517  ground under s. 682.13(1)(b) for vacating an award made by the
  518  arbitrator.
  519         (4) If the arbitrator did not disclose a fact as required
  520  by subsection (1) or subsection (2), upon timely objection by a
  521  party, the court may vacate an award under s. 682.13(1)(b).
  522         (5) An arbitrator appointed as a neutral arbitrator who
  523  does not disclose a known, direct, and material interest in the
  524  outcome of the arbitration proceeding or a known, existing, and
  525  substantial relationship with a party is presumed to act with
  526  evident partiality under s. 682.13(1)(b).
  527         (6) If the parties to an arbitration proceeding agree to
  528  the procedures of an arbitration organization or any other
  529  procedures for challenges to arbitrators before an award is
  530  made, substantial compliance with those procedures is a
  531  condition precedent to a motion to vacate an award on that
  532  ground under s. 682.13(1)(b).
  533         Section 14. Section 682.05, Florida Statutes, is amended to
  534  read:
  535         682.05 Majority action by arbitrators.—If there is more
  536  than one arbitrator, the powers of an arbitrator must be
  537  exercised by a majority of the arbitrators, but all of the
  538  arbitrators shall conduct the hearing under s. 682.06(3). The
  539  powers of the arbitrators may be exercised by a majority of
  540  their number unless otherwise provided in the agreement or
  541  provision for arbitration.
  542         Section 15. Section 682.051, Florida Statutes, is created
  543  to read:
  544         682.051 Immunity of arbitrator; competency to testify;
  545  attorney fees and costs.—
  546         (1) An arbitrator or an arbitration organization acting in
  547  that capacity is immune from civil liability to the same extent
  548  as a judge of a court of this state acting in a judicial
  549  capacity.
  550         (2) The immunity afforded under this section supplements
  551  any immunity under other law.
  552         (3) The failure of an arbitrator to make a disclosure
  553  required by s. 682.041 does not cause any loss of immunity under
  554  this section.
  555         (4) In a judicial, administrative, or similar proceeding,
  556  an arbitrator or representative of an arbitration organization
  557  is not competent to testify, and may not be required to produce
  558  records as to any statement, conduct, decision, or ruling
  559  occurring during the arbitration proceeding, to the same extent
  560  as a judge of a court of this state acting in a judicial
  561  capacity. This subsection does not apply:
  562         (a) To the extent necessary to determine the claim of an
  563  arbitrator, arbitration organization, or representative of the
  564  arbitration organization against a party to the arbitration
  565  proceeding; or
  566         (b) To a hearing on a motion to vacate an award under s.
  567  682.13(1)(a) or (b) if the movant establishes prima facie that a
  568  ground for vacating the award exists.
  569         (5) If a person commences a civil action against an
  570  arbitrator, arbitration organization, or representative of an
  571  arbitration organization arising from the services of the
  572  arbitrator, organization, or representative or if a person seeks
  573  to compel an arbitrator or a representative of an arbitration
  574  organization to testify or produce records in violation of
  575  subsection (4), and the court decides that the arbitrator,
  576  arbitration organization, or representative of an arbitration
  577  organization is immune from civil liability or that the
  578  arbitrator or representative of the organization is not
  579  competent to testify, the court shall award to the arbitrator,
  580  organization, or representative reasonable attorney fees and
  581  other reasonable expenses of litigation.
  582         Section 16. Section 682.06, Florida Statutes, is amended to
  583  read:
  584         682.06 Hearing.—
  585         (1) An arbitrator may conduct an arbitration in such manner
  586  as the arbitrator considers appropriate for a fair and
  587  expeditious disposition of the proceeding. The arbitrator’s
  588  authority includes the power to hold conferences with the
  589  parties to the arbitration proceeding before the hearing and,
  590  among other matters, determine the admissibility, relevance,
  591  materiality, and weight of any evidence. Unless otherwise
  592  provided by the agreement or provision for arbitration:
  593         (1)(a) The arbitrators shall appoint a time and place for
  594  the hearing and cause notification to the parties to be served
  595  personally or by registered or certified mail not less than 5
  596  days before the hearing. Appearance at the hearing waives a
  597  party’s right to such notice. The arbitrators may adjourn their
  598  hearing from time to time upon their own motion and shall do so
  599  upon the request of any party to the arbitration for good cause
  600  shown, provided that no adjournment or postponement of their
  601  hearing shall extend beyond the date fixed in the agreement or
  602  provision for making the award unless the parties consent to a
  603  later date. An umpire authorized to hear and decide the cause
  604  upon failure of the arbitrators to agree upon an award shall, in
  605  the course of his or her jurisdiction, have like powers and be
  606  subject to like limitations thereon.
  607         (b) The arbitrators, or umpire in the course of his or her
  608  jurisdiction, may hear and decide the controversy upon the
  609  evidence produced notwithstanding the failure or refusal of a
  610  party duly notified of the time and place of the hearing to
  611  appear. The court on application may direct the arbitrators, or
  612  the umpire in the course of his or her jurisdiction, to proceed
  613  promptly with the hearing and making of the award.
  614         (2) An arbitrator may decide a request for summary
  615  disposition of a claim or particular issue:
  616         (a) If all interested parties agree; or
  617         (b) Upon request of one party to the arbitration
  618  proceeding, if that party gives notice to all other parties to
  619  the proceeding and the other parties have a reasonable
  620  opportunity to respond. The parties are entitled to be heard, to
  621  present evidence material to the controversy and to cross
  622  examine witnesses appearing at the hearing.
  623         (3) If an arbitrator orders a hearing, the arbitrator shall
  624  set a time and place and give notice of the hearing not less
  625  than 5 days before the hearing begins. Unless a party to the
  626  arbitration proceeding makes an objection to lack or
  627  insufficiency of notice not later than the beginning of the
  628  hearing, the party’s appearance at the hearing waives the
  629  objection. Upon request of a party to the arbitration proceeding
  630  and for good cause shown, or upon the arbitrator’s own
  631  initiative, the arbitrator may adjourn the hearing from time to
  632  time as necessary, but may not postpone the hearing to a time
  633  later than that fixed by the agreement to arbitrate for making
  634  the award unless the parties to the arbitration proceeding
  635  consent to a later date. The arbitrator may hear and decide the
  636  controversy upon the evidence produced although a party who was
  637  duly notified of the arbitration proceeding did not appear. The
  638  court, on request, may direct the arbitrator to conduct the
  639  hearing promptly and render a timely decision. The hearing shall
  640  be conducted by all of the arbitrators but a majority may
  641  determine any question and render a final award. An umpire
  642  authorized to hear and decide the cause upon the failure of the
  643  arbitrators to agree upon an award shall sit with the
  644  arbitrators throughout their hearing but shall not be counted as
  645  a part of their quorum or in the making of their award. If,
  646  during the course of the hearing, an arbitrator for any reason
  647  ceases to act, the remaining arbitrator, arbitrators or umpire
  648  appointed to act as neutrals may continue with the hearing and
  649  determination of the controversy.
  650         (4) At a hearing under subsection (3), a party to the
  651  arbitration proceeding has a right to be heard, to present
  652  evidence material to the controversy, and to cross-examine
  653  witnesses appearing at the hearing.
  654         (5) If an arbitrator ceases or is unable to act during the
  655  arbitration proceeding, a replacement arbitrator must be
  656  appointed in accordance with s. 682.04 to continue the
  657  proceeding and to resolve the controversy.
  658         Section 17. Section 682.07, Florida Statutes, is amended to
  659  read:
  660         682.07 Representation by attorney.—A party to an
  661  arbitration proceeding may has the right to be represented by an
  662  attorney at any arbitration proceeding or hearing under this
  663  law. A waiver thereof prior to the proceeding or hearing is
  664  ineffective.
  665         Section 18. Section 682.08, Florida Statutes, is amended to
  666  read:
  667         682.08 Witnesses, subpoenas, depositions.—
  668         (1) An arbitrator may issue a subpoena for the attendance
  669  of a witness and for the production of records and other
  670  evidence at any hearing and may administer oaths. A subpoena
  671  must be served in the manner for service of subpoenas in a civil
  672  action and, upon motion to the court by a party to the
  673  arbitration proceeding or the arbitrator, enforced in the manner
  674  for enforcement of subpoenas in a civil action. Arbitrators, or
  675  an umpire authorized to hear and decide the cause upon failure
  676  of the arbitrators to agree upon an award, in the course of her
  677  or his jurisdiction, may issue subpoenas for the attendance of
  678  witnesses and for the production of books, records, documents
  679  and other evidence, and shall have the power to administer
  680  oaths. Subpoenas so issued shall be served, and upon application
  681  to the court by a party to the arbitration or the arbitrators,
  682  or the umpire, enforced in the manner provided by law for the
  683  service and enforcement of subpoenas in a civil action.
  684         (2) In order to make the proceedings fair, expeditious, and
  685  cost effective, upon request of a party to, or a witness in, an
  686  arbitration proceeding, an arbitrator may permit a deposition of
  687  any witness to be taken for use as evidence at the hearing,
  688  including a witness who cannot be subpoenaed for or is unable to
  689  attend a hearing. The arbitrator shall determine the conditions
  690  under which the deposition is taken. On application of a party
  691  to the arbitration and for use as evidence, the arbitrators, or
  692  the umpire in the course of her or his jurisdiction, may permit
  693  a deposition to be taken, in the manner and upon the terms
  694  designated by them or her or him of a witness who cannot be
  695  subpoenaed or is unable to attend the hearing.
  696         (3) An arbitrator may permit such discovery as the
  697  arbitrator decides is appropriate in the circumstances, taking
  698  into account the needs of the parties to the arbitration
  699  proceeding and other affected persons and the desirability of
  700  making the proceeding fair, expeditious, and cost effective. All
  701  provisions of law compelling a person under subpoena to testify
  702  are applicable.
  703         (4) If an arbitrator permits discovery under subsection
  704  (3), the arbitrator may order a party to the arbitration
  705  proceeding to comply with the arbitrator’s discovery-related
  706  orders, issue subpoenas for the attendance of a witness and for
  707  the production of records and other evidence at a discovery
  708  proceeding, and take action against a noncomplying party to the
  709  extent a court could if the controversy were the subject of a
  710  civil action in this state.
  711         (5) An arbitrator may issue a protective order to prevent
  712  the disclosure of privileged information, confidential
  713  information, trade secrets, and other information protected from
  714  disclosure to the extent a court could if the controversy were
  715  the subject of a civil action in this state.
  716         (6) All laws compelling a person under subpoena to testify
  717  and all fees for attending a judicial proceeding, a deposition,
  718  or a discovery proceeding as a witness apply to an arbitration
  719  proceeding as if the controversy were the subject of a civil
  720  action in this state.
  721         (7) The court may enforce a subpoena or discovery-related
  722  order for the attendance of a witness within this state and for
  723  the production of records and other evidence issued by an
  724  arbitrator in connection with an arbitration proceeding in
  725  another state upon conditions determined by the court so as to
  726  make the arbitration proceeding fair, expeditious, and cost
  727  effective. A subpoena or discovery-related order issued by an
  728  arbitrator in another state must be served in the manner
  729  provided by law for service of subpoenas in a civil action in
  730  this state and, upon motion to the court by a party to the
  731  arbitration proceeding or the arbitrator, enforced in the manner
  732  provided by law for enforcement of subpoenas in a civil action
  733  in this state.
  734         (8)(4) Fees for attendance as a witness shall be the same
  735  as for a witness in the circuit court.
  736         Section 19. Section 682.081, Florida Statutes, is created
  737  to read:
  738         682.081 Judicial enforcement of preaward ruling by
  739  arbitrator.—
  740         (1) Except as provided in subsection (2), if an arbitrator
  741  makes a preaward ruling in favor of a party to the arbitration
  742  proceeding, the party may request that the arbitrator
  743  incorporate the ruling into an award under s. 682.12. A
  744  prevailing party may make a motion to the court for an expedited
  745  order to confirm the award under s. 682.12, in which case the
  746  court shall summarily decide the motion. The court shall issue
  747  an order to confirm the award unless the court vacates,
  748  modifies, or corrects the award under s. 682.13 or s. 682.14.
  749         (2) A party to a provisional remedy award for injunctive or
  750  equitable relief may make a motion to the court seeking to
  751  confirm or vacate the provisional remedy award.
  752         (a) The court shall confirm a provisional remedy award for
  753  injunctive or equitable relief if the award satisfies the legal
  754  standards for awarding a party injunctive or equitable relief.
  755         (b) The court shall vacate a provisional remedy award for
  756  injunctive or equitable relief which fails to satisfy the legal
  757  standards for awarding a party injunctive or equitable relief.
  758         Section 20. Section 682.09, Florida Statutes, is amended to
  759  read:
  760         682.09 Award.—
  761         (1) An arbitrator shall make a record of an award. The
  762  record must be signed or otherwise authenticated by any
  763  arbitrator who concurs with the award. The arbitrator or the
  764  arbitration organization shall give notice of the award,
  765  including a copy of the award, to each party to the arbitration
  766  proceeding. The award shall be in writing and shall be signed by
  767  the arbitrators joining in the award or by the umpire in the
  768  course of his or her jurisdiction. They or he or she shall
  769  deliver a copy to each party to the arbitration either
  770  personally or by registered or certified mail, or as provided in
  771  the agreement or provision.
  772         (2) An award must be made within the time specified by the
  773  agreement to arbitrate or, if not specified therein, within the
  774  time ordered by the court. The court may extend, or the parties
  775  to the arbitration proceeding may agree in a record to extend,
  776  the time. The court or the parties may do so within or after the
  777  time specified or ordered. A party waives any objection that an
  778  award was not timely made unless the party gives notice of the
  779  objection to the arbitrator before receiving notice of the
  780  award. An award shall be made within the time fixed therefor by
  781  the agreement or provision for arbitration or, if not so fixed,
  782  within such time as the court may order on application of a
  783  party to the arbitration. The parties may, by written agreement,
  784  extend the time either before or after the expiration thereof.
  785  Any objection that an award was not made within the time
  786  required is waived unless the objecting party notifies the
  787  arbitrators or umpire in writing of his or her objection prior
  788  to the delivery of the award to him or her.
  789         Section 21. Section 682.10, Florida Statutes, is amended to
  790  read:
  791         682.10 Change of award by arbitrators or umpire.—
  792         (1) On motion to an arbitrator by a party to an arbitration
  793  proceeding, the arbitrator may modify or correct an award:
  794         (a) Upon a ground stated in s. 682.14(1)(a) or (c);
  795         (b) Because the arbitrator has not made a final and
  796  definite award upon a claim submitted by the parties to the
  797  arbitration proceeding; or
  798         (c) To clarify the award.
  799         (2) A motion under subsection (1) must be made and notice
  800  given to all parties within 20 days after the movant receives
  801  notice of the award.
  802         (3) A party to the arbitration proceeding must give notice
  803  of any objection to the motion within 10 days after receipt of
  804  the notice.
  805         (4) If a motion to the court is pending under s. 682.12, s.
  806  682.13, or s. 682.14, the court may submit the claim to the
  807  arbitrator to consider whether to modify or correct the award:
  808         (a) Upon a ground stated in s. 682.14(1)(a) or (c);
  809         (b) Because the arbitrator has not made a final and
  810  definite award upon a claim submitted by the parties to the
  811  arbitration proceeding; or
  812         (c) To clarify the award.
  813         (5) An award modified or corrected pursuant to this section
  814  is subject to ss. 682.09(1), 682.12, 682.13, and 682.14. On
  815  application of a party to the arbitration, or if an application
  816  to the court is pending under s. 682.12, s. 682.13 or s. 682.14,
  817  on submission to the arbitrators, or to the umpire in the case
  818  of an umpire’s award, by the court under such conditions as the
  819  court may order, the arbitrators or umpire may modify or correct
  820  the award upon the grounds stated in s. 682.14(1)(a) and (c) or
  821  for the purpose of clarifying the award. The application shall
  822  be made within 20 days after delivery of the award to the
  823  applicant. Written notice thereof shall be given forthwith to
  824  the other party to the arbitration, stating that he or she must
  825  serve his or her objections thereto, if any, within 10 days from
  826  the notice. The award so modified or corrected is subject to the
  827  provisions of ss. 682.12-682.14.
  828         Section 22. Section 682.11, Florida Statutes, is amended to
  829  read:
  830         682.11 Remedies; fees and expenses of arbitration
  831  proceeding.—
  832         (1) An arbitrator may award punitive damages or other
  833  exemplary relief if such an award is authorized by law in a
  834  civil action involving the same claim and the evidence produced
  835  at the hearing justifies the award under the legal standards
  836  otherwise applicable to the claim.
  837         (2) An arbitrator may award reasonable attorney fees and
  838  other reasonable expenses of arbitration if such an award is
  839  authorized by law in a civil action involving the same claim or
  840  by the agreement of the parties to the arbitration proceeding.
  841         (3) As to all remedies other than those authorized by
  842  subsections (1) and (2), an arbitrator may order such remedies
  843  as the arbitrator considers just and appropriate under the
  844  circumstances of the arbitration proceeding. The fact that such
  845  a remedy could not or would not be granted by the court is not a
  846  ground for refusing to confirm an award under s. 682.12 or for
  847  vacating an award under s. 682.13.
  848         (4) An arbitrator’s expenses and fees, together with other
  849  expenses, must be paid as provided in the award.
  850         (5) If an arbitrator awards punitive damages or other
  851  exemplary relief under subsection (1), the arbitrator shall
  852  specify in the award the basis in fact justifying and the basis
  853  in law authorizing the award and state separately the amount of
  854  the punitive damages or other exemplary relief. Unless otherwise
  855  provided in the agreement or provision for arbitration, the
  856  arbitrators’ and umpire’s expenses and fees, together with other
  857  expenses, not including counsel fees, incurred in the conduct of
  858  the arbitration, shall be paid as provided in the award.
  859         Section 23. Section 682.12, Florida Statutes, is amended to
  860  read:
  861         682.12 Confirmation of an award.—After a party to an
  862  arbitration proceeding receives notice of an award, the party
  863  may make a motion to the court for an order confirming the award
  864  at which time the court shall issue a confirming order unless
  865  the award is modified or corrected pursuant to s. 682.10 or s.
  866  682.14 or is vacated pursuant to s. 682.13. Upon application of
  867  a party to the arbitration, the court shall confirm an award,
  868  unless within the time limits hereinafter imposed grounds are
  869  urged for vacating or modifying or correcting the award, in
  870  which case the court shall proceed as provided in ss. 682.13 and
  871  682.14.
  872         Section 24. Section 682.13, Florida Statutes, is amended to
  873  read:
  874         682.13 Vacating an award.—
  875         (1) Upon motion application of a party to an arbitration
  876  proceeding, the court shall vacate an arbitration award if when:
  877         (a) The award was procured by corruption, fraud, or other
  878  undue means;.
  879         (b) There was:
  880         1. Evident partiality by an arbitrator appointed as a
  881  neutral arbitrator;
  882         2. Corruption by an arbitrator; or
  883         3. Misconduct by an arbitrator prejudicing the rights of a
  884  party to the arbitration proceeding; or corruption in any of the
  885  arbitrators or umpire or misconduct prejudicing the rights of
  886  any party.
  887         (c) An arbitrator refused to postpone the hearing upon
  888  showing of sufficient cause for postponement, refused to hear
  889  evidence material to the controversy, or otherwise conducted the
  890  hearing contrary to s. 682.06, so as to prejudice substantially
  891  the rights of a party to the arbitration proceeding; The
  892  arbitrators or the umpire in the course of her or his
  893  jurisdiction exceeded their powers.
  894         (d) An arbitrator exceeded the arbitrator’s powers; The
  895  arbitrators or the umpire in the course of her or his
  896  jurisdiction refused to postpone the hearing upon sufficient
  897  cause being shown therefor or refused to hear evidence material
  898  to the controversy or otherwise so conducted the hearing,
  899  contrary to the provisions of s. 682.06, as to prejudice
  900  substantially the rights of a party.
  901         (e) There was no agreement to arbitrate, unless the person
  902  participated in the arbitration proceeding without raising the
  903  objection under s. 682.06(3) not later than the beginning of the
  904  arbitration hearing; or There was no agreement or provision for
  905  arbitration subject to this law, unless the matter was
  906  determined in proceedings under s. 682.03 and unless the party
  907  participated in the arbitration hearing without raising the
  908  objection.
  909         (f) The arbitration was conducted without proper notice of
  910  the initiation of an arbitration as required in s. 682.032 so as
  911  to prejudice substantially the rights of a party to the
  912  arbitration proceeding.
  913  But the fact that the relief was such that it could not or would
  914  not be granted by a court of law or equity is not ground for
  915  vacating or refusing to confirm the award.
  916         (2) A motion under this section must be filed within 90
  917  days after the movant receives notice of the award pursuant to
  918  s. 682.09 or within 90 days after the movant receives notice of
  919  a modified or corrected award pursuant to s. 682.10, unless the
  920  movant alleges that the award was procured by corruption, fraud,
  921  or other undue means, in which case the motion must be made
  922  within 90 days after the ground is known or by the exercise of
  923  reasonable care would have been known by the movant. An
  924  application under this section shall be made within 90 days
  925  after delivery of a copy of the award to the applicant, except
  926  that, if predicated upon corruption, fraud or other undue means,
  927  it shall be made within 90 days after such grounds are known or
  928  should have been known.
  929         (3) If the court vacates an award on a ground other than
  930  that set forth in paragraph (1)(e), it may order a rehearing. If
  931  the award is vacated on a ground stated in paragraph (1)(a) or
  932  paragraph (1)(b), the rehearing must be before a new arbitrator.
  933  If the award is vacated on a ground stated in paragraph (1)(c),
  934  paragraph (1)(d), or paragraph (1)(f), the rehearing may be
  935  before the arbitrator who made the award or the arbitrator’s
  936  successor. The arbitrator must render the decision in the
  937  rehearing within the same time as that provided in s. 682.09(2)
  938  for an award. In vacating the award on grounds other than those
  939  stated in paragraph (1)(e), the court may order a rehearing
  940  before new arbitrators chosen as provided in the agreement or
  941  provision for arbitration or by the court in accordance with s.
  942  682.04, or, if the award is vacated on grounds set forth in
  943  paragraphs (1)(c) and (d), the court may order a rehearing
  944  before the arbitrators or umpire who made the award or their
  945  successors appointed in accordance with s. 682.04. The time
  946  within which the agreement or provision for arbitration requires
  947  the award to be made is applicable to the rehearing and
  948  commences from the date of the order therefor.
  949         (4) If a motion the application to vacate is denied and no
  950  motion to modify or correct the award is pending, the court
  951  shall confirm the award.
  952         Section 25. Section 682.14, Florida Statutes, is amended to
  953  read:
  954         682.14 Modification or correction of award.—
  955         (1) Upon motion made within 90 days after the movant
  956  receives notice of the award pursuant to s. 682.09 or within 90
  957  days after the movant receives notice of a modified or corrected
  958  award pursuant to s. 682.10, the court shall modify or correct
  959  the award if Upon application made within 90 days after delivery
  960  of a copy of the award to the applicant, the court shall modify
  961  or correct the award when:
  962         (a) There is an evident miscalculation of figures or an
  963  evident mistake in the description of any person, thing, or
  964  property referred to in the award.
  965         (b) The arbitrators or umpire have awarded upon a matter
  966  not submitted in the arbitration to them or him or her and the
  967  award may be corrected without affecting the merits of the
  968  decision upon the issues submitted.
  969         (c) The award is imperfect as a matter of form, not
  970  affecting the merits of the controversy.
  971         (2) If the application is granted, the court shall modify
  972  and correct the award so as to effect its intent and shall
  973  confirm the award as so modified and corrected. Otherwise,
  974  unless a motion to vacate the award under s. 682.13 is pending,
  975  the court shall confirm the award as made.
  976         (3) An application to modify or correct an award may be
  977  joined in the alternative with an application to vacate the
  978  award under s. 682.13.
  979         Section 26. Section 682.15, Florida Statutes, is amended to
  980  read:
  981         682.15 Judgment or decree on award.—
  982         (1) Upon granting an order confirming, vacating without
  983  directing a rehearing, modifying, or correcting an award, the
  984  court shall enter a judgment in conformity therewith. The
  985  judgment may be recorded, docketed, and enforced as any other
  986  judgment in a civil action.
  987         (2) A court may allow reasonable costs of the motion and
  988  subsequent judicial proceedings.
  989         (3) On motion of a prevailing party to a contested judicial
  990  proceeding under s. 682.12, s. 682.13, or s. 682.14, the court
  991  may add reasonable attorney fees and other reasonable expenses
  992  of litigation incurred in a judicial proceeding after the award
  993  is made to a judgment confirming, vacating without directing a
  994  rehearing, modifying, or correcting an award. Upon the granting
  995  of an order confirming, modifying or correcting an award,
  996  judgment or decree shall be entered in conformity therewith and
  997  be enforced as any other judgment or decree. Costs of the
  998  application and of the proceedings subsequent thereto, and
  999  disbursements may be awarded by the court.
 1000         Section 27. Section 682.16, Florida Statutes, is repealed.
 1001         Section 28. Section 682.17, Florida Statutes, is repealed.
 1002         Section 29. Section 682.18, Florida Statutes, is repealed.
 1003         Section 30. Section 682.181, Florida Statutes, is created
 1004  to read:
 1005         682.181 Jurisdiction.—
 1006         (1) A court of this state having jurisdiction over the
 1007  controversy and the parties may enforce an agreement to
 1008  arbitrate.
 1009         (2) An agreement to arbitrate providing for arbitration in
 1010  this state confers exclusive jurisdiction on the court to enter
 1011  judgment on an award under this chapter.
 1012         Section 31. Section 682.19, Florida Statutes, is amended to
 1013  read:
 1014         682.19 Venue.—A petition pursuant to s. 682.015 must be
 1015  filed in the court of the county in which the agreement to
 1016  arbitrate specifies the arbitration hearing is to be held or, if
 1017  the hearing has been held, in the court of the county in which
 1018  it was held. Otherwise, the petition may be made in the court of
 1019  any county in which an adverse party resides or has a place of
 1020  business or, if no adverse party has a residence or place of
 1021  business in this state, in the court of any county in this
 1022  state. All subsequent petitions must be made in the court
 1023  hearing the initial petition unless the court otherwise directs.
 1024  Any application under this law may be made to the court of the
 1025  county in which the other party to the agreement or provision
 1026  for arbitration resides or has a place of business, or, if she
 1027  or he has no residence or place of business in this state, then
 1028  to the court of any county. All applications under this law
 1029  subsequent to an initial application shall be made to the court
 1030  hearing the initial application unless it shall order otherwise.
 1031         Section 32. Section 682.20, Florida Statutes, is amended to
 1032  read:
 1033         682.20 Appeals.—
 1034         (1) An appeal may be taken from:
 1035         (a) An order denying an application to compel arbitration
 1036  made under s. 682.03.
 1037         (b) An order granting a motion an application to stay
 1038  arbitration pursuant to made under s. 682.03(2)-(4).
 1039         (c) An order confirming or denying confirmation of an
 1040  award.
 1041         (d) An order denying confirmation of an award unless the
 1042  court has entered an order under s. 682.10(4) or s. 682.13. All
 1043  other orders denying confirmation of an award are final orders.
 1044         (e)(d) An order modifying or correcting an award.
 1045         (f)(e) An order vacating an award without directing a
 1046  rehearing.
 1047         (g)(f) A judgment or decree entered pursuant to this
 1048  chapter the provisions of this law.
 1049         (2) The appeal shall be taken in the manner and to the same
 1050  extent as from orders or judgments in a civil action.
 1051         Section 33. Section 682.21, Florida Statutes, is repealed.
 1052         Section 34. Section 682.22, Florida Statutes, is repealed.
 1053         Section 35. Section 682.23, Florida Statutes, is created to
 1054  read:
 1055         682.23 Relationship to Electronic Signatures in Global and
 1056  National Commerce Act.—The provisions of this chapter governing
 1057  the legal effect, validity, and enforceability of electronic
 1058  records or electronic signatures and of contracts performed with
 1059  the use of such records or signatures conform to the
 1060  requirements of s. 102 of the Electronic Signatures in Global
 1061  and National Commerce Act, 15 U.S.C. s. 7002.
 1062         Section 36. Section 682.25, Florida Statutes, is created to
 1063  read:
 1064         682.25 Disputes excluded.—This chapter does not apply to
 1065  any dispute involving child custody, visitation, or child
 1066  support.
 1067         Section 37. Section 440.1926, Florida Statutes, is amended
 1068  to read:
 1069         440.1926 Alternate dispute resolution; claim arbitration.
 1070  Notwithstanding any other provision of this chapter, the
 1071  employer, carrier, and employee may mutually agree to seek
 1072  consent from a judge of compensation claims to enter into
 1073  binding claim arbitration in lieu of any other remedy provided
 1074  for in this chapter to resolve all issues in dispute regarding
 1075  an injury. Arbitrations agreed to pursuant to this section shall
 1076  be governed by chapter 682, the Revised Florida Arbitration
 1077  Code, except that, notwithstanding any provision in chapter 682,
 1078  the term “court” shall mean a judge of compensation claims. An
 1079  arbitration award in accordance with this section is shall be
 1080  enforceable in the same manner and with the same powers as any
 1081  final compensation order.
 1082         Section 38. Paragraph (a) of subsection (1) of section
 1083  489.1402, Florida Statutes, is amended to read:
 1084         489.1402 Homeowners’ Construction Recovery Fund;
 1085  definitions.—
 1086         (1) The following definitions apply to ss. 489.140-489.144:
 1087         (a) “Arbitration” means alternative dispute resolution
 1088  entered into between a claimant and a contractor either pursuant
 1089  to a construction contract that contains a mandatory arbitration
 1090  clause or through any binding arbitration under chapter 682, the
 1091  Revised Florida Arbitration Code.
 1092         Section 39. Subsection (2) of section 731.401, Florida
 1093  Statutes, is amended to read:
 1094         731.401 Arbitration of disputes.—
 1095         (2) Unless otherwise specified in the will or trust, a will
 1096  or trust provision requiring arbitration shall be presumed to
 1097  require binding arbitration under chapter 682, the Revised
 1098  Florida Arbitration Code s. 44.104.
 1099         Section 40. This act shall take effect July 1, 2013.