Fla. Stat. § 682.01
Short title
This chapter may be cited as the “Revised Florida Arbitration Code.”
Florida Statutes Chapter 682 — ARBITRATION CODE
Florida · statute · Fla. Stat. ch. 682 · 31 active provisions
Fla. Stat. § 682.011
Definitions
As used in this chapter, the term:(1) “Arbitration organization” means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator.(2) “Arbitrator” means an individual appointed to render…
Fla. Stat. § 682.012
Notice
(1) Except as otherwise provided in this chapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.(2) A person has notice if the person has knowledge of the notice or has…
Fla. Stat. § 682.013
Applicability of revised code
(1) The Revised Florida Arbitration Code governs an agreement to arbitrate made on or after July 1, 2013.(2) Until June 30, 2016, the Revised Florida Arbitration Code governs an agreement to arbitrate made before July 1, 2013, if all the parties to the agreement or to the arbitration proceeding so agree in a record. Ot…
Fla. Stat. § 682.014
Effect of agreement to arbitrate; nonwaivable provisions
(1) Except as otherwise provided in subsections (2) and (3), a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of this chapter to the extent permitted by law.(2) Before a controversy arises that is subject to an agreement to arbitrate…
Fla. Stat. § 682.015
Petition for judicial relief
(1) Except as otherwise provided in s. 682.20, a petition for judicial relief under this chapter must be made to the court and heard in the manner provided by law or rule of court for making and hearing motions.(2) Unless a civil action involving the agreement to arbitrate is pending, notice of an initial petition to t…
Fla. Stat. § 682.02
Arbitration agreements made valid, irrevocable, and enforceable; scope
(1) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.(2) The court shall decide whether an agreement…
Fla. Stat. § 682.03
Proceedings to compel and to stay arbitration
(1) On motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement:(a) If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate.(b) If the refusing party opposes the motion, the court shall p…
Fla. Stat. § 682.031
Provisional remedies
(1) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if…
Fla. Stat. § 682.032
Initiation of arbitration
(1) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencem…
Fla. Stat. § 682.033
Consolidation of separate arbitration proceedings
(1) Except as otherwise provided in subsection (3), upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if:(a) There are separate agreements to arbitrate or separate arbitration proceed…
Fla. Stat. § 682.04
Appointment of arbitrators by court
(1) If the parties to an agreement to arbitrate agree on a method for appointing arbitrators, this method must be followed, unless the method fails.(2) The court, on motion of a party to an arbitration agreement, shall appoint one or more arbitrators, if:(a) The parties have not agreed on a method;(b) The agreed method…
Fla. Stat. § 682.041
Disclosure by arbitrator
(1) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the…
Fla. Stat. § 682.05
Majority action by arbitrators
If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of the arbitrators shall conduct the hearing under s. 682.06(3).
Fla. Stat. § 682.051
Immunity of arbitrator; competency to testify; attorney fees and costs
(1) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.(2) The immunity afforded under this section supplements any immunity under other law.(3) The failure of an arbitrator to make a di…
Fla. Stat. § 682.06
Hearing
(1) An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The arbitrator’s authority includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, dete…
Fla. Stat. § 682.07
Representation by attorney
A party has the right to be represented by an attorney at any arbitration proceeding or hearing under this law.
Fla. Stat. § 682.08
Witnesses, subpoenas, depositions
(1) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitration proceeding o…
Fla. Stat. § 682.081
Judicial enforcement of preaward ruling by arbitrator
(1) Except as provided in subsection (2), if an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request that the arbitrator incorporate the ruling into an award under s. 682.12. A prevailing party may make a motion to the court for an expedited order to confirm the aw…
Fla. Stat. § 682.09
Award
(1) An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.(2) An award mus…
Fla. Stat. § 682.10
Change of award by arbitrators
(1) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:(a) Upon a ground stated in s. 682.14(1)(a) or (c);(b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or(c) To clarif…
Fla. Stat. § 682.11
Remedies; fees and expenses of arbitration proceeding
(1) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.(2) An arbitrator may award reasonable attorney…
Fla. Stat. § 682.12
Confirmation of an award
After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to s. 682.10 or s. 682.14 or is vacated pursuant to s. 682.13.
Fla. Stat. § 682.13
Vacating an award
(1) Upon motion of a party to an arbitration proceeding, the court shall vacate an arbitration award if:(a) The award was procured by corruption, fraud, or other undue means;(b) There was:1. Evident partiality by an arbitrator appointed as a neutral arbitrator;2. Corruption by an arbitrator; or3. Misconduct by an arbit…
Fla. Stat. § 682.14
Modification or correction of award
(1) Upon motion made within 90 days after the movant receives notice of the award pursuant to s. 682.09 or within 90 days after the movant receives notice of a modified or corrected award pursuant to s. 682.10, the court shall modify or correct the award if:(a) There is an evident miscalculation of figures or an eviden…
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