CS for SB 530                                    First Engrossed
       
       
       
       
       
       
       
       
       2013530e1
       
    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; prescribing limitations of the section;
   42         amending s. 682.04, F.S.; revising provisions relating
   43         to appointment of an arbitrator; prohibiting an
   44         individual who has an interest in the outcome of an
   45         arbitration from serving as a neutral arbitrator;
   46         creating s. 682.041, F.S.; requiring certain
   47         disclosures of interests and relationships by a person
   48         before accepting appointment as an arbitrator;
   49         providing a continuing obligation to make such
   50         disclosures; providing for objections to an arbitrator
   51         based on information disclosed; providing for vacation
   52         of an award if an arbitrator failed to disclose a fact
   53         as required; providing that an arbitrator appointed as
   54         a neutral arbitrator who does not disclose certain
   55         interests or relationships is presumed to act with
   56         partiality for specified purposes; requiring parties
   57         to substantially comply with agreed-to procedures of
   58         an arbitration organization or any other procedures
   59         for challenges to arbitrators before an award is made
   60         in order to seek vacation of an award on specified
   61         grounds; amending s. 682.05, F.S.; requiring that if
   62         there is more than one arbitrator, the powers of an
   63         arbitrator must be exercised by a majority of the
   64         arbitrators; requiring all arbitrators to conduct the
   65         arbitration hearing; creating s. 682.051, F.S.;
   66         providing immunity from civil liability for an
   67         arbitrator or an arbitration organization acting in
   68         that capacity; providing that this immunity is
   69         supplemental to any immunity under other law;
   70         providing that failure to make a required disclosure
   71         does not remove immunity; providing that an arbitrator
   72         or representative of an arbitration organization is
   73         not competent to testify and may not be required to
   74         produce records concerning the arbitration; providing
   75         exceptions; providing for awarding an arbitrator,
   76         arbitration organization, or representative of an
   77         arbitration organization with reasonable attorney fees
   78         and expenses of litigation under certain
   79         circumstances; amending s. 682.06, F.S.; revising
   80         provisions relating to the conduct of arbitration
   81         hearings; providing for summary disposition, notice of
   82         hearings, adjournment, and rights of a party to the
   83         arbitration proceeding; requiring appointment of a
   84         replacement arbitrator in certain circumstances;
   85         amending s. 682.07, F.S.; providing that a party to an
   86         arbitration proceeding may be represented by an
   87         attorney; amending s. 682.08, F.S.; revising
   88         provisions relating to the issuance, service, and
   89         enforcement of subpoenas; revising provisions relating
   90         to depositions; authorizing an arbitrator to permit
   91         discovery in certain circumstances; authorizing an
   92         arbitrator to order compliance with discovery;
   93         authorizing protective orders by an arbitrator;
   94         providing for applicability of laws compelling a
   95         person under subpoena to testify and all fees for
   96         attending a judicial proceeding, a deposition, or a
   97         discovery proceeding as a witness; providing for court
   98         enforcement of a subpoena or discovery-related order;
   99         providing for witness fees; creating s. 682.081, F.S.;
  100         providing for judicial enforcement of a preaward
  101         ruling by an arbitrator in certain circumstances;
  102         providing exceptions; amending s. 682.09, F.S.;
  103         revising provisions relating to the record needed for
  104         an award; revising provisions relating to the time
  105         within which an award must be made; amending s.
  106         682.10, F.S.; revising provisions relating to
  107         requirements for a motion to modify or correct an
  108         award; amending s. 682.11, F.S.; revising provisions
  109         relating to fees and expenses of arbitration;
  110         authorizing punitive damages and other exemplary
  111         relief and remedies; amending s. 682.12, F.S.;
  112         revising provisions relating to confirmation of an
  113         award; amending s. 682.13, F.S.; revising provisions
  114         relating to grounds for vacating an award; revising
  115         provisions relating to a motion for vacating an award;
  116         providing for a rehearing in certain circumstances;
  117         amending s. 682.14, F.S.; revising provisions relating
  118         to the time for moving to modify or correct an award;
  119         deleting references to the term “umpire”; revising a
  120         provision concerning confirmation of awards; amending
  121         s. 682.15, F.S.; revising provisions relating to a
  122         court order confirming, vacating without directing a
  123         rehearing, modifying, or correcting an award;
  124         providing for award of costs and attorney fees in
  125         certain circumstances; repealing s. 682.16, F.S.,
  126         relating to judgment roll and docketing of certain
  127         orders; repealing s. 682.17, F.S., relating to
  128         application to court; repealing s. 682.18, F.S.,
  129         relating to the definition of the term “court” and
  130         jurisdiction; creating s. 682.181, F.S.; providing for
  131         jurisdiction relating to the revised code; amending s.
  132         682.19, F.S.; revising provisions relating to venue
  133         for actions relating to the code; amending s. 682.20,
  134         F.S.; providing that an appeal may be taken from an
  135         order denying confirmation of an award unless the
  136         court has entered an order under specified provisions;
  137         providing that all other orders denying confirmation
  138         of an award are final orders; repealing s. 682.21,
  139         F.S., relating to the previous code not applying
  140         retroactively; repealing s. 682.22, F.S., relating to
  141         conflict of laws; creating s. 682.23, F.S.; specifying
  142         the relationship of the code to the Electronic
  143         Signatures in Global and National Commerce Act;
  144         providing for applicability; creating s. 682.25, F.S.;
  145         providing that the revised code does not apply to any
  146         dispute involving child custody, visitation, or child
  147         support; amending s. 731.401, F.S.; providing for
  148         application of the act to an arbitration provision in
  149         a will or trust; amending ss. 440.1926 and 489.1402,
  150         F.S.; conforming cross-references; providing an
  151         effective date.
  152  
  153  Be It Enacted by the Legislature of the State of Florida:
  154  
  155         Section 1.  Section 682.01, Florida Statutes, is amended to
  156  read:
  157         682.01 Short title Florida Arbitration Code.—This chapter
  158  Sections 682.01-682.22 may be cited as the “Revised Florida
  159  Arbitration Code.”
  160         Section 2. Section 682.011, Florida Statutes, is created to
  161  read:
  162         682.011 Definitions.—As used in this chapter, the term:
  163         (1) “Arbitration organization” means an association,
  164  agency, board, commission, or other entity that is neutral and
  165  initiates, sponsors, or administers an arbitration proceeding or
  166  is involved in the appointment of an arbitrator.
  167         (2) “Arbitrator” means an individual appointed to render an
  168  award, alone or with others, in a controversy that is subject to
  169  an agreement to arbitrate.
  170         (3) “Court” means a court of competent jurisdiction in this
  171  state.
  172         (4) “Knowledge” means actual knowledge.
  173         (5) “Person” means an individual, corporation, business
  174  trust, estate, trust, partnership, limited liability company,
  175  association, joint venture, or government; governmental
  176  subdivision, agency, or instrumentality; public corporation; or
  177  any other legal or commercial entity.
  178         (6) “Record” means information that is inscribed on a
  179  tangible medium or that is stored in an electronic or other
  180  medium and is retrievable in perceivable form.
  181         Section 3. Section 682.012, Florida Statutes, is created to
  182  read:
  183         682.012 Notice.—
  184         (1) Except as otherwise provided in this chapter, a person
  185  gives notice to another person by taking action that is
  186  reasonably necessary to inform the other person in ordinary
  187  course, whether or not the other person acquires knowledge of
  188  the notice.
  189         (2) A person has notice if the person has knowledge of the
  190  notice or has received notice.
  191         (3) A person receives notice when it comes to the person’s
  192  attention or the notice is delivered at the person’s place of
  193  residence or place of business, or at another location held out
  194  by the person as a place of delivery of such communications.
  195         Section 4. Section 682.013, Florida Statutes, is created to
  196  read:
  197         682.013 Applicability of revised code.—
  198         (1) The Revised Florida Arbitration Code governs an
  199  agreement to arbitrate made on or after July 1, 2013.
  200         (2) Until June 30, 2016, the Revised Florida Arbitration
  201  Code governs an agreement to arbitrate made before July 1, 2013,
  202  if all the parties to the agreement or to the arbitration
  203  proceeding so agree in a record. Otherwise, such agreements
  204  shall be governed by the applicable law existing at the time the
  205  parties entered into the agreement.
  206         (3) The Revised Florida Arbitration Code does not affect an
  207  action or proceeding commenced or right accrued before July 1,
  208  2013.
  209         (4) Beginning July 1, 2016, an agreement to arbitrate shall
  210  be subject to the Revised Florida Arbitration Code
  211         Section 5. Section 682.014, Florida Statutes, is created to
  212  read:
  213         682.014 Effect of agreement to arbitrate; nonwaivable
  214  provisions.—
  215         (1) Except as otherwise provided in subsections (2) and
  216  (3), a party to an agreement to arbitrate or to an arbitration
  217  proceeding may waive, or the parties may vary the effect of, the
  218  requirements of this chapter to the extent permitted by law.
  219         (2) Before a controversy arises that is subject to an
  220  agreement to arbitrate, a party to the agreement may not:
  221         (a) Waive or agree to vary the effect of the requirements
  222  of:
  223         1. Commencing a petition for judicial relief under s.
  224  682.015(1);
  225         2. Making agreements to arbitrate valid, enforceable, and
  226  irrevocable under s. 682.02(1);
  227         3. Permitting provisional remedies under s. 682.031;
  228         4. Conferring authority on arbitrators to issue subpoenas
  229  and permit depositions under s. 682.08(1) or (2);
  230         5. Conferring jurisdiction under s. 682.181; or
  231         6. Stating the bases for appeal under s. 682.20;
  232         (b) Agree to unreasonably restrict the right under s.
  233  682.032 to notice of the initiation of an arbitration
  234  proceeding;
  235         (c) Agree to unreasonably restrict the right under s.
  236  682.041 to disclosure of any facts by a neutral arbitrator; or
  237         (d) Waive the right under s. 682.07 of a party to an
  238  agreement to arbitrate to be represented by an attorney at any
  239  proceeding or hearing under this chapter, but an employer and a
  240  labor organization may waive the right to representation by an
  241  attorney in a labor arbitration.
  242         (3) A party to an agreement to arbitrate or arbitration
  243  proceeding may not waive, or the parties may not vary the effect
  244  of, the requirements in this section or:
  245         (a) The applicability of this chapter, the Revised Florida
  246  Arbitration Code, under s. 682.013(1) or (4);
  247         (b) The availability of proceedings to compel or stay
  248  arbitration under s. 682.03;
  249         (c) The immunity conferred on arbitrators and arbitration
  250  organizations under s. 682.051;
  251         (d) A party’s right to seek judicial enforcement of an
  252  arbitration preaward ruling under s. 682.081;
  253         (e) The authority conferred on an arbitrator to change an
  254  award under s. 682.10(4) or (5);
  255         (f) The remedies provided under s. 682.12;
  256         (g) The grounds for vacating an arbitration award under s.
  257  682.13;
  258         (h) The grounds for modifying an arbitration award under s.
  259  682.14;
  260         (i) The validity and enforceability of a judgment or decree
  261  based on an award under s. 682.15(1) or (2);
  262         (j) The validity of the Electronic Signatures in Global and
  263  National Commerce Act under s. 682.23; or
  264         (k) The effect of excluding from arbitration under this
  265  chapter disputes involving child custody, visitation, or child
  266  support under s. 682.25.
  267         Section 6. Section 682.015, Florida Statutes, is created to
  268  read:
  269         682.015 Petition for judicial relief.—
  270         (1) Except as otherwise provided in s. 682.20, a petition
  271  for judicial relief under this chapter must be made to the court
  272  and heard in the manner provided by law or rule of court for
  273  making and hearing motions.
  274         (2) Unless a civil action involving the agreement to
  275  arbitrate is pending, notice of an initial petition to the court
  276  under this chapter must be served in the manner provided by law
  277  for the service of a summons in a civil action. Otherwise,
  278  notice of the motion must be given in the manner provided by law
  279  or rule of court for serving motions in pending cases.
  280         Section 7. Section 682.02, Florida Statutes, is amended to
  281  read:
  282         682.02 Arbitration agreements made valid, irrevocable, and
  283  enforceable; scope.—
  284         (1) An agreement contained in a record to submit to
  285  arbitration any existing or subsequent controversy arising
  286  between the parties to the agreement is valid, enforceable, and
  287  irrevocable except upon a ground that exists at law or in equity
  288  for the revocation of a contract.
  289         (2) The court shall decide whether an agreement to
  290  arbitrate exists or a controversy is subject to an agreement to
  291  arbitrate.
  292         (3) An arbitrator shall decide whether a condition
  293  precedent to arbitrability has been fulfilled and whether a
  294  contract containing a valid agreement to arbitrate is
  295  enforceable.
  296         (4) If a party to a judicial proceeding challenges the
  297  existence of, or claims that a controversy is not subject to, an
  298  agreement to arbitrate, the arbitration proceeding may continue
  299  pending final resolution of the issue by the court, unless the
  300  court otherwise orders.
  301         (5)Two or more parties may agree in writing to submit to
  302  arbitration any controversy existing between them at the time of
  303  the agreement, or they may include in a written contract a
  304  provision for the settlement by arbitration of any controversy
  305  thereafter arising between them relating to such contract or the
  306  failure or refusal to perform the whole or any part thereof.
  307  This section also applies to written interlocal agreements under
  308  ss. 163.01 and 373.713 in which two or more parties agree to
  309  submit to arbitration any controversy between them concerning
  310  water use permit applications and other matters, regardless of
  311  whether or not the water management district with jurisdiction
  312  over the subject application is a party to the interlocal
  313  agreement or a participant in the arbitration. Such agreement or
  314  provision shall be valid, enforceable, and irrevocable without
  315  regard to the justiciable character of the controversy; provided
  316  that this act shall not apply to any such agreement or provision
  317  to arbitrate in which it is stipulated that this law shall not
  318  apply or to any arbitration or award thereunder.
  319         Section 8. Section 682.03, Florida Statutes, is amended to
  320  read:
  321         682.03 Proceedings to compel and to stay arbitration.—
  322         (1) On motion of a person showing an agreement to arbitrate
  323  and alleging another person’s refusal to arbitrate pursuant to
  324  the agreement:
  325         (a) If the refusing party does not appear or does not
  326  oppose the motion, the court shall order the parties to
  327  arbitrate.
  328         (b) If the refusing party opposes the motion, the court
  329  shall proceed summarily to decide the issue and order the
  330  parties to arbitrate unless it finds that there is no
  331  enforceable agreement to arbitrate. A party to an agreement or
  332  provision for arbitration subject to this law claiming the
  333  neglect or refusal of another party thereto to comply therewith
  334  may make application to the court for an order directing the
  335  parties to proceed with arbitration in accordance with the terms
  336  thereof. If the court is satisfied that no substantial issue
  337  exists as to the making of the agreement or provision, it shall
  338  grant the application. If the court shall find that a
  339  substantial issue is raised as to the making of the agreement or
  340  provision, it shall summarily hear and determine the issue and,
  341  according to its determination, shall grant or deny the
  342  application.
  343         (2) On motion of a person alleging that an arbitration
  344  proceeding has been initiated or threatened but that there is no
  345  agreement to arbitrate, the court shall proceed summarily to
  346  decide the issue. If the court finds that there is an
  347  enforceable agreement to arbitrate, it shall order the parties
  348  to arbitrate. If an issue referable to arbitration under an
  349  agreement or provision for arbitration subject to this law
  350  becomes involved in an action or proceeding pending in a court
  351  having jurisdiction to hear an application under subsection (1),
  352  such application shall be made in said court. Otherwise and
  353  subject to s. 682.19, such application may be made in any court
  354  of competent jurisdiction.
  355         (3) If the court finds that there is no enforceable
  356  agreement to arbitrate, it may not order the parties to
  357  arbitrate pursuant to subsection (1) or subsection (2). Any
  358  action or proceeding involving an issue subject to arbitration
  359  under this law shall be stayed if an order for arbitration or an
  360  application therefor has been made under this section or, if the
  361  issue is severable, the stay may be with respect thereto only.
  362  When the application is made in such action or proceeding, the
  363  order for arbitration shall include such stay.
  364         (4) The court may not refuse to order arbitration because
  365  the claim subject to arbitration lacks merit or grounds for the
  366  claim have not been established. On application the court may
  367  stay an arbitration proceeding commenced or about to be
  368  commenced, if it shall find that no agreement or provision for
  369  arbitration subject to this law exists between the party making
  370  the application and the party causing the arbitration to be had.
  371  The court shall summarily hear and determine the issue of the
  372  making of the agreement or provision and, according to its
  373  determination, shall grant or deny the application.
  374         (5) If a proceeding involving a claim referable to
  375  arbitration under an alleged agreement to arbitrate is pending
  376  in court, a motion under this section must be made in that
  377  court. Otherwise, a motion under this section may be made in any
  378  court as provided in s. 682.19. An order for arbitration shall
  379  not be refused on the ground that the claim in issue lacks merit
  380  or bona fides or because any fault or grounds for the claim
  381  sought to be arbitrated have not been shown.
  382         (6) If a party makes a motion to the court to order
  383  arbitration, the court on just terms shall stay any judicial
  384  proceeding that involves a claim alleged to be subject to the
  385  arbitration until the court renders a final decision under this
  386  section.
  387         (7) If the court orders arbitration, the court on just
  388  terms shall stay any judicial proceeding that involves a claim
  389  subject to the arbitration. If a claim subject to the
  390  arbitration is severable, the court may limit the stay to that
  391  claim.
  392         Section 9. Section 682.031, Florida Statutes, is created to
  393  read:
  394         682.031 Provisional remedies.—
  395         (1) Before an arbitrator is appointed and is authorized and
  396  able to act, the court, upon motion of a party to an arbitration
  397  proceeding and for good cause shown, may enter an order for
  398  provisional remedies to protect the effectiveness of the
  399  arbitration proceeding to the same extent and under the same
  400  conditions as if the controversy were the subject of a civil
  401  action.
  402         (2) After an arbitrator is appointed and is authorized and
  403  able to act:
  404         (a) The arbitrator may issue such orders for provisional
  405  remedies, including interim awards, as the arbitrator finds
  406  necessary to protect the effectiveness of the arbitration
  407  proceeding and to promote the fair and expeditious resolution of
  408  the controversy, to the same extent and under the same
  409  conditions as if the controversy were the subject of a civil
  410  action.
  411         (b) A party to an arbitration proceeding may move the court
  412  for a provisional remedy only if the matter is urgent and the
  413  arbitrator is not able to act timely or the arbitrator cannot
  414  provide an adequate remedy.
  415         (3) A party does not waive a right of arbitration by making
  416  a motion under this section.
  417         (4) If an arbitrator awards a provisional remedy for
  418  injunctive or equitable relief, the arbitrator shall state in
  419  the award the factual findings and legal basis for the award.
  420         (5) A party may seek to confirm or vacate a provisional
  421  remedy award for injunctive or equitable relief under s.
  422  682.081.
  423         Section 10. Section 682.032, Florida Statutes, is created
  424  to read:
  425         682.032 Initiation of arbitration.—
  426         (1) A person initiates an arbitration proceeding by giving
  427  notice in a record to the other parties to the agreement to
  428  arbitrate in the agreed manner between the parties or, in the
  429  absence of agreement, by certified or registered mail, return
  430  receipt requested and obtained, or by service as authorized for
  431  the commencement of a civil action. The notice must describe the
  432  nature of the controversy and the remedy sought.
  433         (2) Unless a person objects for lack or insufficiency of
  434  notice under s. 682.06(3) not later than the beginning of the
  435  arbitration hearing, the person by appearing at the hearing
  436  waives any objection to lack of or insufficiency of notice.
  437         Section 11. Section 682.033, Florida Statutes, is created
  438  to read:
  439         682.033 Consolidation of separate arbitration proceedings.—
  440         (1) Except as otherwise provided in subsection (3), upon
  441  motion of a party to an agreement to arbitrate or to an
  442  arbitration proceeding, the court may order consolidation of
  443  separate arbitration proceedings as to all or some of the claims
  444  if:
  445         (a) There are separate agreements to arbitrate or separate
  446  arbitration proceedings between the same persons or one of them
  447  is a party to a separate agreement to arbitrate or a separate
  448  arbitration proceeding with a third person;
  449         (b) The claims subject to the agreements to arbitrate arise
  450  in substantial part from the same transaction or series of
  451  related transactions;
  452         (c) The existence of a common issue of law or fact creates
  453  the possibility of conflicting decisions in the separate
  454  arbitration proceedings; and
  455         (d) Prejudice resulting from a failure to consolidate is
  456  not outweighed by the risk of undue delay or prejudice to the
  457  rights of or hardship to parties opposing consolidation.
  458         (2) The court may order consolidation of separate
  459  arbitration proceedings as to some claims and allow other claims
  460  to be resolved in separate arbitration proceedings.
  461         (3)The court may not order consolidation of the claims of
  462  a party to an agreement to arbitrate if the agreement prohibits
  463  consolidation. Nothing in this section is intended or shall be
  464  construed to affect commencing, maintaining, or certifying a
  465  claim or defense on behalf of a class or as a class action.
  466         Section 12. Section 682.04, Florida Statutes, is amended to
  467  read:
  468         682.04 Appointment of arbitrators by court.—
  469         (1) If the parties to an agreement to arbitrate agree on or
  470  provision for arbitration subject to this law provides a method
  471  for appointing the appointment of arbitrators or an umpire, this
  472  method must shall be followed, unless the method fails.
  473         (2) The court, on motion of a party to an arbitration
  474  agreement, shall appoint one or more arbitrators, if:
  475         (a) The parties have not agreed on a method;
  476         (b) The agreed method fails;
  477         (c) One or more of the parties failed to respond to the
  478  demand for arbitration; or
  479         (d) An arbitrator fails to act and a successor has not been
  480  appointed.
  481         (3)In the absence thereof, or if the agreed method fails
  482  or for any reason cannot be followed, or if an arbitrator or
  483  umpire who has been appointed fails to act and his or her
  484  successor has not been duly appointed, the court, on application
  485  of a party to such agreement or provision shall appoint one or
  486  more arbitrators or an umpire. An arbitrator or umpire so
  487  appointed has all the shall have like powers of an arbitrator
  488  designated as if named or provided for in the agreement to
  489  arbitrate appointed pursuant to the agreed method or provision.
  490         (4) An individual who has a known, direct, and material
  491  interest in the outcome of the arbitration proceeding or a
  492  known, existing, and substantial relationship with a party may
  493  not serve as an arbitrator required by an agreement to be
  494  neutral.
  495         Section 13. Section 682.041, Florida Statutes, is created
  496  to read:
  497         682.041 Disclosure by arbitrator.—
  498         (1) Before accepting appointment, an individual who is
  499  requested to serve as an arbitrator, after making a reasonable
  500  inquiry, shall disclose to all parties to the agreement to
  501  arbitrate and arbitration proceeding and to any other
  502  arbitrators any known facts that a reasonable person would
  503  consider likely to affect the person’s impartiality as an
  504  arbitrator in the arbitration proceeding, including:
  505         (a) A financial or personal interest in the outcome of the
  506  arbitration proceeding.
  507         (b) An existing or past relationship with any of the
  508  parties to the agreement to arbitrate or the arbitration
  509  proceeding, their counsel or representative, a witness, or
  510  another arbitrator.
  511         (2) An arbitrator has a continuing obligation to disclose
  512  to all parties to the agreement to arbitrate and arbitration
  513  proceeding and to any other arbitrators any facts that the
  514  arbitrator learns after accepting appointment that a reasonable
  515  person would consider likely to affect the impartiality of the
  516  arbitrator.
  517         (3) If an arbitrator discloses a fact required by
  518  subsection (1) or subsection (2) to be disclosed and a party
  519  timely objects to the appointment or continued service of the
  520  arbitrator based upon the fact disclosed, the objection may be a
  521  ground under s. 682.13(1)(b) for vacating an award made by the
  522  arbitrator.
  523         (4) If the arbitrator did not disclose a fact as required
  524  by subsection (1) or subsection (2), upon timely objection by a
  525  party, the court may vacate an award under s. 682.13(1)(b).
  526         (5) An arbitrator appointed as a neutral arbitrator who
  527  does not disclose a known, direct, and material interest in the
  528  outcome of the arbitration proceeding or a known, existing, and
  529  substantial relationship with a party is presumed to act with
  530  evident partiality under s. 682.13(1)(b).
  531         (6) If the parties to an arbitration proceeding agree to
  532  the procedures of an arbitration organization or any other
  533  procedures for challenges to arbitrators before an award is
  534  made, substantial compliance with those procedures is a
  535  condition precedent to a motion to vacate an award on that
  536  ground under s. 682.13(1)(b).
  537         Section 14. Section 682.05, Florida Statutes, is amended to
  538  read:
  539         682.05 Majority action by arbitrators.—If there is more
  540  than one arbitrator, the powers of an arbitrator must be
  541  exercised by a majority of the arbitrators, but all of the
  542  arbitrators shall conduct the hearing under s. 682.06(3). The
  543  powers of the arbitrators may be exercised by a majority of
  544  their number unless otherwise provided in the agreement or
  545  provision for arbitration.
  546         Section 15. Section 682.051, Florida Statutes, is created
  547  to read:
  548         682.051 Immunity of arbitrator; competency to testify;
  549  attorney fees and costs.—
  550         (1) An arbitrator or an arbitration organization acting in
  551  that capacity is immune from civil liability to the same extent
  552  as a judge of a court of this state acting in a judicial
  553  capacity.
  554         (2) The immunity afforded under this section supplements
  555  any immunity under other law.
  556         (3) The failure of an arbitrator to make a disclosure
  557  required by s. 682.041 does not cause any loss of immunity under
  558  this section.
  559         (4) In a judicial, administrative, or similar proceeding,
  560  an arbitrator or representative of an arbitration organization
  561  is not competent to testify, and may not be required to produce
  562  records as to any statement, conduct, decision, or ruling
  563  occurring during the arbitration proceeding, to the same extent
  564  as a judge of a court of this state acting in a judicial
  565  capacity. This subsection does not apply:
  566         (a) To the extent necessary to determine the claim of an
  567  arbitrator, arbitration organization, or representative of the
  568  arbitration organization against a party to the arbitration
  569  proceeding; or
  570         (b) To a hearing on a motion to vacate an award under s.
  571  682.13(1)(a) or (b) if the movant establishes prima facie that a
  572  ground for vacating the award exists.
  573         (5) If a person commences a civil action against an
  574  arbitrator, arbitration organization, or representative of an
  575  arbitration organization arising from the services of the
  576  arbitrator, organization, or representative or if a person seeks
  577  to compel an arbitrator or a representative of an arbitration
  578  organization to testify or produce records in violation of
  579  subsection (4), and the court decides that the arbitrator,
  580  arbitration organization, or representative of an arbitration
  581  organization is immune from civil liability or that the
  582  arbitrator or representative of the organization is not
  583  competent to testify, the court shall award to the arbitrator,
  584  organization, or representative reasonable attorney fees and
  585  other reasonable expenses of litigation.
  586         Section 16. Section 682.06, Florida Statutes, is amended to
  587  read:
  588         682.06 Hearing.—
  589         (1) An arbitrator may conduct an arbitration in such manner
  590  as the arbitrator considers appropriate for a fair and
  591  expeditious disposition of the proceeding. The arbitrator’s
  592  authority includes the power to hold conferences with the
  593  parties to the arbitration proceeding before the hearing and,
  594  among other matters, determine the admissibility, relevance,
  595  materiality, and weight of any evidence. Unless otherwise
  596  provided by the agreement or provision for arbitration:
  597         (1)(a) The arbitrators shall appoint a time and place for
  598  the hearing and cause notification to the parties to be served
  599  personally or by registered or certified mail not less than 5
  600  days before the hearing. Appearance at the hearing waives a
  601  party’s right to such notice. The arbitrators may adjourn their
  602  hearing from time to time upon their own motion and shall do so
  603  upon the request of any party to the arbitration for good cause
  604  shown, provided that no adjournment or postponement of their
  605  hearing shall extend beyond the date fixed in the agreement or
  606  provision for making the award unless the parties consent to a
  607  later date. An umpire authorized to hear and decide the cause
  608  upon failure of the arbitrators to agree upon an award shall, in
  609  the course of his or her jurisdiction, have like powers and be
  610  subject to like limitations thereon.
  611         (b) The arbitrators, or umpire in the course of his or her
  612  jurisdiction, may hear and decide the controversy upon the
  613  evidence produced notwithstanding the failure or refusal of a
  614  party duly notified of the time and place of the hearing to
  615  appear. The court on application may direct the arbitrators, or
  616  the umpire in the course of his or her jurisdiction, to proceed
  617  promptly with the hearing and making of the award.
  618         (2) An arbitrator may decide a request for summary
  619  disposition of a claim or particular issue:
  620         (a) If all interested parties agree; or
  621         (b) Upon request of one party to the arbitration
  622  proceeding, if that party gives notice to all other parties to
  623  the proceeding and the other parties have a reasonable
  624  opportunity to respond. The parties are entitled to be heard, to
  625  present evidence material to the controversy and to cross
  626  examine witnesses appearing at the hearing.
  627         (3) If an arbitrator orders a hearing, the arbitrator shall
  628  set a time and place and give notice of the hearing not less
  629  than 5 days before the hearing begins. Unless a party to the
  630  arbitration proceeding makes an objection to lack or
  631  insufficiency of notice not later than the beginning of the
  632  hearing, the party’s appearance at the hearing waives the
  633  objection. Upon request of a party to the arbitration proceeding
  634  and for good cause shown, or upon the arbitrator’s own
  635  initiative, the arbitrator may adjourn the hearing from time to
  636  time as necessary, but may not postpone the hearing to a time
  637  later than that fixed by the agreement to arbitrate for making
  638  the award unless the parties to the arbitration proceeding
  639  consent to a later date. The arbitrator may hear and decide the
  640  controversy upon the evidence produced although a party who was
  641  duly notified of the arbitration proceeding did not appear. The
  642  court, on request, may direct the arbitrator to conduct the
  643  hearing promptly and render a timely decision. The hearing shall
  644  be conducted by all of the arbitrators but a majority may
  645  determine any question and render a final award. An umpire
  646  authorized to hear and decide the cause upon the failure of the
  647  arbitrators to agree upon an award shall sit with the
  648  arbitrators throughout their hearing but shall not be counted as
  649  a part of their quorum or in the making of their award. If,
  650  during the course of the hearing, an arbitrator for any reason
  651  ceases to act, the remaining arbitrator, arbitrators or umpire
  652  appointed to act as neutrals may continue with the hearing and
  653  determination of the controversy.
  654         (4) At a hearing under subsection (3), a party to the
  655  arbitration proceeding has a right to be heard, to present
  656  evidence material to the controversy, and to cross-examine
  657  witnesses appearing at the hearing.
  658         (5) If an arbitrator ceases or is unable to act during the
  659  arbitration proceeding, a replacement arbitrator must be
  660  appointed in accordance with s. 682.04 to continue the
  661  proceeding and to resolve the controversy.
  662         Section 17. Section 682.07, Florida Statutes, is amended to
  663  read:
  664         682.07 Representation by attorney.—A party has the right to
  665  be represented by an attorney at any arbitration proceeding or
  666  hearing under this law. A waiver thereof prior to the proceeding
  667  or hearing is ineffective.
  668         Section 18. Section 682.08, Florida Statutes, is amended to
  669  read:
  670         682.08 Witnesses, subpoenas, depositions.—
  671         (1) An arbitrator may issue a subpoena for the attendance
  672  of a witness and for the production of records and other
  673  evidence at any hearing and may administer oaths. A subpoena
  674  must be served in the manner for service of subpoenas in a civil
  675  action and, upon motion to the court by a party to the
  676  arbitration proceeding or the arbitrator, enforced in the manner
  677  for enforcement of subpoenas in a civil action. Arbitrators, or
  678  an umpire authorized to hear and decide the cause upon failure
  679  of the arbitrators to agree upon an award, in the course of her
  680  or his jurisdiction, may issue subpoenas for the attendance of
  681  witnesses and for the production of books, records, documents
  682  and other evidence, and shall have the power to administer
  683  oaths. Subpoenas so issued shall be served, and upon application
  684  to the court by a party to the arbitration or the arbitrators,
  685  or the umpire, enforced in the manner provided by law for the
  686  service and enforcement of subpoenas in a civil action.
  687         (2) In order to make the proceedings fair, expeditious, and
  688  cost effective, upon request of a party to, or a witness in, an
  689  arbitration proceeding, an arbitrator may permit a deposition of
  690  any witness to be taken for use as evidence at the hearing,
  691  including a witness who cannot be subpoenaed for or is unable to
  692  attend a hearing. The arbitrator shall determine the conditions
  693  under which the deposition is taken. On application of a party
  694  to the arbitration and for use as evidence, the arbitrators, or
  695  the umpire in the course of her or his jurisdiction, may permit
  696  a deposition to be taken, in the manner and upon the terms
  697  designated by them or her or him of a witness who cannot be
  698  subpoenaed or is unable to attend the hearing.
  699         (3) An arbitrator may permit such discovery as the
  700  arbitrator decides is appropriate in the circumstances, taking
  701  into account the needs of the parties to the arbitration
  702  proceeding and other affected persons and the desirability of
  703  making the proceeding fair, expeditious, and cost effective. All
  704  provisions of law compelling a person under subpoena to testify
  705  are applicable.
  706         (4) If an arbitrator permits discovery under subsection
  707  (3), the arbitrator may order a party to the arbitration
  708  proceeding to comply with the arbitrator’s discovery-related
  709  orders, issue subpoenas for the attendance of a witness and for
  710  the production of records and other evidence at a discovery
  711  proceeding, and take action against a noncomplying party to the
  712  extent a court could if the controversy were the subject of a
  713  civil action in this state.
  714         (5) An arbitrator may issue a protective order to prevent
  715  the disclosure of privileged information, confidential
  716  information, trade secrets, and other information protected from
  717  disclosure to the extent a court could if the controversy were
  718  the subject of a civil action in this state.
  719         (6) All laws compelling a person under subpoena to testify
  720  and all fees for attending a judicial proceeding, a deposition,
  721  or a discovery proceeding as a witness apply to an arbitration
  722  proceeding as if the controversy were the subject of a civil
  723  action in this state.
  724         (7) The court may enforce a subpoena or discovery-related
  725  order for the attendance of a witness within this state and for
  726  the production of records and other evidence issued by an
  727  arbitrator in connection with an arbitration proceeding in
  728  another state upon conditions determined by the court so as to
  729  make the arbitration proceeding fair, expeditious, and cost
  730  effective. A subpoena or discovery-related order issued by an
  731  arbitrator in another state must be served in the manner
  732  provided by law for service of subpoenas in a civil action in
  733  this state and, upon motion to the court by a party to the
  734  arbitration proceeding or the arbitrator, enforced in the manner
  735  provided by law for enforcement of subpoenas in a civil action
  736  in this state.
  737         (8)(4) Fees for attendance as a witness shall be the same
  738  as for a witness in the circuit court.
  739         Section 19. Section 682.081, Florida Statutes, is created
  740  to read:
  741         682.081 Judicial enforcement of preaward ruling by
  742  arbitrator.—
  743         (1) Except as provided in subsection (2), if an arbitrator
  744  makes a preaward ruling in favor of a party to the arbitration
  745  proceeding, the party may request that the arbitrator
  746  incorporate the ruling into an award under s. 682.12. A
  747  prevailing party may make a motion to the court for an expedited
  748  order to confirm the award under s. 682.12, in which case the
  749  court shall summarily decide the motion. The court shall issue
  750  an order to confirm the award unless the court vacates,
  751  modifies, or corrects the award under s. 682.13 or s. 682.14.
  752         (2) A party to a provisional remedy award for injunctive or
  753  equitable relief may make a motion to the court seeking to
  754  confirm or vacate the provisional remedy award.
  755         (a) The court shall confirm a provisional remedy award for
  756  injunctive or equitable relief if the award satisfies the legal
  757  standards for awarding a party injunctive or equitable relief.
  758         (b) The court shall vacate a provisional remedy award for
  759  injunctive or equitable relief which fails to satisfy the legal
  760  standards for awarding a party injunctive or equitable relief.
  761         Section 20. Section 682.09, Florida Statutes, is amended to
  762  read:
  763         682.09 Award.—
  764         (1) An arbitrator shall make a record of an award. The
  765  record must be signed or otherwise authenticated by any
  766  arbitrator who concurs with the award. The arbitrator or the
  767  arbitration organization shall give notice of the award,
  768  including a copy of the award, to each party to the arbitration
  769  proceeding. The award shall be in writing and shall be signed by
  770  the arbitrators joining in the award or by the umpire in the
  771  course of his or her jurisdiction. They or he or she shall
  772  deliver a copy to each party to the arbitration either
  773  personally or by registered or certified mail, or as provided in
  774  the agreement or provision.
  775         (2) An award must be made within the time specified by the
  776  agreement to arbitrate or, if not specified therein, within the
  777  time ordered by the court. The court may extend, or the parties
  778  to the arbitration proceeding may agree in a record to extend,
  779  the time. The court or the parties may do so within or after the
  780  time specified or ordered. A party waives any objection that an
  781  award was not timely made unless the party gives notice of the
  782  objection to the arbitrator before receiving notice of the
  783  award. An award shall be made within the time fixed therefor by
  784  the agreement or provision for arbitration or, if not so fixed,
  785  within such time as the court may order on application of a
  786  party to the arbitration. The parties may, by written agreement,
  787  extend the time either before or after the expiration thereof.
  788  Any objection that an award was not made within the time
  789  required is waived unless the objecting party notifies the
  790  arbitrators or umpire in writing of his or her objection prior
  791  to the delivery of the award to him or her.
  792         Section 21. Section 682.10, Florida Statutes, is amended to
  793  read:
  794         682.10 Change of award by arbitrators or umpire.—
  795         (1) On motion to an arbitrator by a party to an arbitration
  796  proceeding, the arbitrator may modify or correct an award:
  797         (a) Upon a ground stated in s. 682.14(1)(a) or (c);
  798         (b) Because the arbitrator has not made a final and
  799  definite award upon a claim submitted by the parties to the
  800  arbitration proceeding; or
  801         (c) To clarify the award.
  802         (2) A motion under subsection (1) must be made and notice
  803  given to all parties within 20 days after the movant receives
  804  notice of the award.
  805         (3) A party to the arbitration proceeding must give notice
  806  of any objection to the motion within 10 days after receipt of
  807  the notice.
  808         (4) If a motion to the court is pending under s. 682.12, s.
  809  682.13, or s. 682.14, the court may submit the claim to the
  810  arbitrator to consider whether to modify or correct the award:
  811         (a) Upon a ground stated in s. 682.14(1)(a) or (c);
  812         (b) Because the arbitrator has not made a final and
  813  definite award upon a claim submitted by the parties to the
  814  arbitration proceeding; or
  815         (c) To clarify the award.
  816         (5) An award modified or corrected pursuant to this section
  817  is subject to ss. 682.09(1), 682.12, 682.13, and 682.14. On
  818  application of a party to the arbitration, or if an application
  819  to the court is pending under s. 682.12, s. 682.13 or s. 682.14,
  820  on submission to the arbitrators, or to the umpire in the case
  821  of an umpire’s award, by the court under such conditions as the
  822  court may order, the arbitrators or umpire may modify or correct
  823  the award upon the grounds stated in s. 682.14(1)(a) and (c) or
  824  for the purpose of clarifying the award. The application shall
  825  be made within 20 days after delivery of the award to the
  826  applicant. Written notice thereof shall be given forthwith to
  827  the other party to the arbitration, stating that he or she must
  828  serve his or her objections thereto, if any, within 10 days from
  829  the notice. The award so modified or corrected is subject to the
  830  provisions of ss. 682.12-682.14.
  831         Section 22. Section 682.11, Florida Statutes, is amended to
  832  read:
  833         682.11 Remedies; fees and expenses of arbitration
  834  proceeding.—
  835         (1) An arbitrator may award punitive damages or other
  836  exemplary relief if such an award is authorized by law in a
  837  civil action involving the same claim and the evidence produced
  838  at the hearing justifies the award under the legal standards
  839  otherwise applicable to the claim.
  840         (2) An arbitrator may award reasonable attorney fees and
  841  other reasonable expenses of arbitration if such an award is
  842  authorized by law in a civil action involving the same claim or
  843  by the agreement of the parties to the arbitration proceeding.
  844         (3) As to all remedies other than those authorized by
  845  subsections (1) and (2), an arbitrator may order such remedies
  846  as the arbitrator considers just and appropriate under the
  847  circumstances of the arbitration proceeding. The fact that such
  848  a remedy could not or would not be granted by the court is not a
  849  ground for refusing to confirm an award under s. 682.12 or for
  850  vacating an award under s. 682.13.
  851         (4) An arbitrator’s expenses and fees, together with other
  852  expenses, must be paid as provided in the award.
  853         (5) If an arbitrator awards punitive damages or other
  854  exemplary relief under subsection (1), the arbitrator shall
  855  specify in the award the basis in fact justifying and the basis
  856  in law authorizing the award and state separately the amount of
  857  the punitive damages or other exemplary relief. Unless otherwise
  858  provided in the agreement or provision for arbitration, the
  859  arbitrators’ and umpire’s expenses and fees, together with other
  860  expenses, not including counsel fees, incurred in the conduct of
  861  the arbitration, shall be paid as provided in the award.
  862         Section 23. Section 682.12, Florida Statutes, is amended to
  863  read:
  864         682.12 Confirmation of an award.—After a party to an
  865  arbitration proceeding receives notice of an award, the party
  866  may make a motion to the court for an order confirming the award
  867  at which time the court shall issue a confirming order unless
  868  the award is modified or corrected pursuant to s. 682.10 or s.
  869  682.14 or is vacated pursuant to s. 682.13. Upon application of
  870  a party to the arbitration, the court shall confirm an award,
  871  unless within the time limits hereinafter imposed grounds are
  872  urged for vacating or modifying or correcting the award, in
  873  which case the court shall proceed as provided in ss. 682.13 and
  874  682.14.
  875         Section 24. Section 682.13, Florida Statutes, is amended to
  876  read:
  877         682.13 Vacating an award.—
  878         (1) Upon motion application of a party to an arbitration
  879  proceeding, the court shall vacate an arbitration award if when:
  880         (a) The award was procured by corruption, fraud, or other
  881  undue means;.
  882         (b) There was:
  883         1. Evident partiality by an arbitrator appointed as a
  884  neutral arbitrator;
  885         2. Corruption by an arbitrator; or
  886         3. Misconduct by an arbitrator prejudicing the rights of a
  887  party to the arbitration proceeding; or corruption in any of the
  888  arbitrators or umpire or misconduct prejudicing the rights of
  889  any party.
  890         (c) An arbitrator refused to postpone the hearing upon
  891  showing of sufficient cause for postponement, refused to hear
  892  evidence material to the controversy, or otherwise conducted the
  893  hearing contrary to s. 682.06, so as to prejudice substantially
  894  the rights of a party to the arbitration proceeding; The
  895  arbitrators or the umpire in the course of her or his
  896  jurisdiction exceeded their powers.
  897         (d) An arbitrator exceeded the arbitrator’s powers; The
  898  arbitrators or the umpire in the course of her or his
  899  jurisdiction refused to postpone the hearing upon sufficient
  900  cause being shown therefor or refused to hear evidence material
  901  to the controversy or otherwise so conducted the hearing,
  902  contrary to the provisions of s. 682.06, as to prejudice
  903  substantially the rights of a party.
  904         (e) There was no agreement to arbitrate, unless the person
  905  participated in the arbitration proceeding without raising the
  906  objection under s. 682.06(3) not later than the beginning of the
  907  arbitration hearing; or There was no agreement or provision for
  908  arbitration subject to this law, unless the matter was
  909  determined in proceedings under s. 682.03 and unless the party
  910  participated in the arbitration hearing without raising the
  911  objection.
  912         (f) The arbitration was conducted without proper notice of
  913  the initiation of an arbitration as required in s. 682.032 so as
  914  to prejudice substantially the rights of a party to the
  915  arbitration proceeding.
  916  But the fact that the relief was such that it could not or would
  917  not be granted by a court of law or equity is not ground for
  918  vacating or refusing to confirm the award.
  919         (2) A motion under this section must be filed within 90
  920  days after the movant receives notice of the award pursuant to
  921  s. 682.09 or within 90 days after the movant receives notice of
  922  a modified or corrected award pursuant to s. 682.10, unless the
  923  movant alleges that the award was procured by corruption, fraud,
  924  or other undue means, in which case the motion must be made
  925  within 90 days after the ground is known or by the exercise of
  926  reasonable care would have been known by the movant. An
  927  application under this section shall be made within 90 days
  928  after delivery of a copy of the award to the applicant, except
  929  that, if predicated upon corruption, fraud or other undue means,
  930  it shall be made within 90 days after such grounds are known or
  931  should have been known.
  932         (3) If the court vacates an award on a ground other than
  933  that set forth in paragraph (1)(e), it may order a rehearing. If
  934  the award is vacated on a ground stated in paragraph (1)(a) or
  935  paragraph (1)(b), the rehearing must be before a new arbitrator.
  936  If the award is vacated on a ground stated in paragraph (1)(c),
  937  paragraph (1)(d), or paragraph (1)(f), the rehearing may be
  938  before the arbitrator who made the award or the arbitrator’s
  939  successor. The arbitrator must render the decision in the
  940  rehearing within the same time as that provided in s. 682.09(2)
  941  for an award. In vacating the award on grounds other than those
  942  stated in paragraph (1)(e), the court may order a rehearing
  943  before new arbitrators chosen as provided in the agreement or
  944  provision for arbitration or by the court in accordance with s.
  945  682.04, or, if the award is vacated on grounds set forth in
  946  paragraphs (1)(c) and (d), the court may order a rehearing
  947  before the arbitrators or umpire who made the award or their
  948  successors appointed in accordance with s. 682.04. The time
  949  within which the agreement or provision for arbitration requires
  950  the award to be made is applicable to the rehearing and
  951  commences from the date of the order therefor.
  952         (4) If a motion the application to vacate is denied and no
  953  motion to modify or correct the award is pending, the court
  954  shall confirm the award.
  955         Section 25. Section 682.14, Florida Statutes, is amended to
  956  read:
  957         682.14 Modification or correction of award.—
  958         (1) Upon motion made within 90 days after the movant
  959  receives notice of the award pursuant to s. 682.09 or within 90
  960  days after the movant receives notice of a modified or corrected
  961  award pursuant to s. 682.10, the court shall modify or correct
  962  the award if Upon application made within 90 days after delivery
  963  of a copy of the award to the applicant, the court shall modify
  964  or correct the award when:
  965         (a) There is an evident miscalculation of figures or an
  966  evident mistake in the description of any person, thing, or
  967  property referred to in the award.
  968         (b) The arbitrators or umpire have awarded upon a matter
  969  not submitted in the arbitration to them or him or her and the
  970  award may be corrected without affecting the merits of the
  971  decision upon the issues submitted.
  972         (c) The award is imperfect as a matter of form, not
  973  affecting the merits of the controversy.
  974         (2) If the motion application is granted, the court shall
  975  modify and correct the award so as to effect its intent and
  976  shall confirm the award as so modified and corrected. Otherwise,
  977  unless a motion to vacate the award under s. 682.13 is pending,
  978  the court shall confirm the award as made.
  979         (3) A motion An application to modify or correct an award
  980  may be joined in the alternative with a motion an application to
  981  vacate the award under s. 682.13.
  982         Section 26. Section 682.15, Florida Statutes, is amended to
  983  read:
  984         682.15 Judgment or decree on award.—
  985         (1) Upon granting an order confirming, vacating without
  986  directing a rehearing, modifying, or correcting an award, the
  987  court shall enter a judgment in conformity therewith. The
  988  judgment may be recorded, docketed, and enforced as any other
  989  judgment in a civil action.
  990         (2) A court may allow reasonable costs of the motion and
  991  subsequent judicial proceedings.
  992         (3) On motion of a prevailing party to a contested judicial
  993  proceeding under s. 682.12, s. 682.13, or s. 682.14, the court
  994  may add reasonable attorney fees and other reasonable expenses
  995  of litigation incurred in a judicial proceeding after the award
  996  is made to a judgment confirming, vacating without directing a
  997  rehearing, modifying, or correcting an award. Upon the granting
  998  of an order confirming, modifying or correcting an award,
  999  judgment or decree shall be entered in conformity therewith and
 1000  be enforced as any other judgment or decree. Costs of the
 1001  application and of the proceedings subsequent thereto, and
 1002  disbursements may be awarded by the court.
 1003         Section 27. Section 682.16, Florida Statutes, is repealed.
 1004         Section 28. Section 682.17, Florida Statutes, is repealed.
 1005         Section 29. Section 682.18, Florida Statutes, is repealed.
 1006         Section 30. Section 682.181, Florida Statutes, is created
 1007  to read:
 1008         682.181 Jurisdiction.—
 1009         (1) A court of this state having jurisdiction over the
 1010  controversy and the parties may enforce an agreement to
 1011  arbitrate.
 1012         (2) An agreement to arbitrate providing for arbitration in
 1013  this state confers exclusive jurisdiction on the court to enter
 1014  judgment on an award under this chapter.
 1015         Section 31. Section 682.19, Florida Statutes, is amended to
 1016  read:
 1017         682.19 Venue.—A petition pursuant to s. 682.015 must be
 1018  filed in the court of the county in which the agreement to
 1019  arbitrate specifies the arbitration hearing is to be held or, if
 1020  the hearing has been held, in the court of the county in which
 1021  it was held. Otherwise, the petition may be made in the court of
 1022  any county in which an adverse party resides or has a place of
 1023  business or, if no adverse party has a residence or place of
 1024  business in this state, in the court of any county in this
 1025  state. All subsequent petitions must be made in the court
 1026  hearing the initial petition unless the court otherwise directs.
 1027  Any application under this law may be made to the court of the
 1028  county in which the other party to the agreement or provision
 1029  for arbitration resides or has a place of business, or, if she
 1030  or he has no residence or place of business in this state, then
 1031  to the court of any county. All applications under this law
 1032  subsequent to an initial application shall be made to the court
 1033  hearing the initial application unless it shall order otherwise.
 1034         Section 32. Section 682.20, Florida Statutes, is amended to
 1035  read:
 1036         682.20 Appeals.—
 1037         (1) An appeal may be taken from:
 1038         (a) An order denying a motion an application to compel
 1039  arbitration made under s. 682.03.
 1040         (b) An order granting a motion an application to stay
 1041  arbitration pursuant to made under s. 682.03(2)-(4).
 1042         (c) An order confirming or denying confirmation of an
 1043  award.
 1044         (d) An order denying confirmation of an award unless the
 1045  court has entered an order under s. 682.10(4) or s. 682.13. All
 1046  other orders denying confirmation of an award are final orders.
 1047         (e)(d) An order modifying or correcting an award.
 1048         (f)(e) An order vacating an award without directing a
 1049  rehearing.
 1050         (g)(f) A judgment or decree entered pursuant to this
 1051  chapter the provisions of this law.
 1052         (2) The appeal shall be taken in the manner and to the same
 1053  extent as from orders or judgments in a civil action.
 1054         Section 33. Section 682.21, Florida Statutes, is repealed.
 1055         Section 34. Section 682.22, Florida Statutes, is repealed.
 1056         Section 35. Section 682.23, Florida Statutes, is created to
 1057  read:
 1058         682.23 Relationship to Electronic Signatures in Global and
 1059  National Commerce Act.—The provisions of this chapter governing
 1060  the legal effect, validity, and enforceability of electronic
 1061  records or electronic signatures and of contracts performed with
 1062  the use of such records or signatures conform to the
 1063  requirements of s. 102 of the Electronic Signatures in Global
 1064  and National Commerce Act, 15 U.S.C. s. 7002.
 1065         Section 36. Section 682.25, Florida Statutes, is created to
 1066  read:
 1067         682.25 Disputes excluded.—This chapter does not apply to
 1068  any dispute involving child custody, visitation, or child
 1069  support.
 1070         Section 37. Subsection (2) of section 731.401, Florida
 1071  Statutes, is amended to read:
 1072         731.401 Arbitration of disputes.—
 1073         (2) Unless otherwise specified in the will or trust, a will
 1074  or trust provision requiring arbitration shall be presumed to
 1075  require binding arbitration under chapter 682, the Revised
 1076  Florida Arbitration Code. If an arbitration enforceable under
 1077  this section is governed under chapter 682, the arbitration
 1078  provision in the will or trust shall be treated as an agreement
 1079  for the purposes of applying chapter 682 s. 44.104.
 1080         Section 38. Section 440.1926, Florida Statutes, is amended
 1081  to read:
 1082         440.1926 Alternate dispute resolution; claim arbitration.
 1083  Notwithstanding any other provision of this chapter, the
 1084  employer, carrier, and employee may mutually agree to seek
 1085  consent from a judge of compensation claims to enter into
 1086  binding claim arbitration in lieu of any other remedy provided
 1087  for in this chapter to resolve all issues in dispute regarding
 1088  an injury. Arbitrations agreed to pursuant to this section shall
 1089  be governed by chapter 682, the Revised Florida Arbitration
 1090  Code, except that, notwithstanding any provision in chapter 682,
 1091  the term “court” shall mean a judge of compensation claims. An
 1092  arbitration award in accordance with this section is shall be
 1093  enforceable in the same manner and with the same powers as any
 1094  final compensation order.
 1095         Section 39. Paragraph (a) of subsection (1) of section
 1096  489.1402, Florida Statutes, is amended to read:
 1097         489.1402 Homeowners’ Construction Recovery Fund;
 1098  definitions.—
 1099         (1) The following definitions apply to ss. 489.140-489.144:
 1100         (a) “Arbitration” means alternative dispute resolution
 1101  entered into between a claimant and a contractor either pursuant
 1102  to a construction contract that contains a mandatory arbitration
 1103  clause or through any binding arbitration under chapter 682, the
 1104  Revised Florida Arbitration Code.
 1105         Section 40. This act shall take effect July 1, 2013.