The 2023 Florida Statutes (including Special Session C)
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. . . Section 682.03(1)(a), Florida Statutes, mandates that "[o]n motion of a person showing an agreement to . . . Arbitration when it is either properly noticed or briefed, consistent with the requirements of section 682.03 . . .
. . . compel arbitration 'unless it finds that there is no enforceable agreement to arbitrate.' ") (citing § 682.03 . . .
. . . .” § 682.03(7), Fla. Stat. (2016). . . .
. . . Pursuant to section 682.03 of the Florida Statutes, the imposition of a stay, not an order of dismissal . . . The statute reads, in pertinent part, as follows: 682.03. . . . . § 682.03(7), Fla. Stat. (2015). . . . remanded with instructions to send the matter to arbitration and to stay the litigation, citing to section 682.03 . . .
. . . See § 682.03(7), Fla. . . .
. . . Section 682.03(1), Florida Statutes (2005), author-fees an ‘application to the court’ to proceed with . . . Section 682.03 has been substantially revised. See ch. 2013-232, § 8, at 2751-52, Laws of Fla. . . .
. . . . § 682.03, Fla. Stat. (2014). . . .
. . . Section 682.03, Florida Statutes (2015), states that if one party files a motion “showing an agreement . . . order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.” § 682.03 . . . See § 682.03(7), Fla. Stat. . . .
. . . See § 682.03(l)(b), Fla. Stat. (2010); Linden v. . . .
. . . Section 682.03, Florida Statutes (2012), provides: (1) A party to an agreement or provision for arbitration . . . Specifically, under section 682.03, a trial court may consider only three issues: “(1) whether a valid . . . in this case, including filing a motion to compel arbitration in the trial court pursuant to section 682.03 . . .
. . . Section 682.03(1) of the pre-2013 Florida Statutes provides: A party to an agreement or provision for . . .
. . . .” § 682.03(l)(b), Fla. Stat. (2014). . . .
. . . On remand, the trial court stayed the cross-claims, pursuant to section 682.03, Florida Statutes (2013 . . .
. . . reasoning that because its jurisdiction had been invoked by Jursinski’s motion to compel under section 682.03 . . . longer exercise its right to file a voluntary dismissal in light of the mandatory provisions of section 682.03 . . . Section 682.03(6), in turn, provides that “[i]f a party makes a motion to the court to order arbitration . . .
. . . requests an order compelling arbitration and attendant relief pursuant to Florida Statutes section 682.03 . . .
. . . Section 682.03 addresses proceedings to compel and to stay arbitration. As previously noted, Dr. . . .
. . . . § 682.03(4), Fla. Stat. (2010). . . .
. . . See § 682.03, Fla. Stat. (2010) (delineating “[proceedings to compel and to stay arbitration”). . . .
. . . provision for arbitration subject to this law, unless the matter was determined in proceedings under s. 682.03 . . .
. . . requests an order compelling arbitration and attendant relief pursuant to Florida Statutes section 682.03 . . .
. . . See, e.g., §§ 682.03, .04, .06, .08-.10, .12-.14. . . .
. . . . § 682.03(1), Fla. Stat. (2004). . . . We also note that effective July 1, 2013, the Florida Legislature revised section 682.03. . . . arbitrate, it may not order the parties to arbitrate pursuant to subsection (1) or subsection (2).... § 682.03 . . .
. . . Seifert, 750 So.2d at 636; § 682.03, Fla. Stat. (2012). . . .
. . . Challenge filed a motion to compel mediation/arbitration and to dismiss the complaint pursuant to section 682.03 . . . and determine the issue and, according to its determination, shall grant or deny the application. § 682.03 . . . Even if section 682.03(1) applied to this determination, the trial court’s conclusion that no substantial . . . enforceable arbitration agreement exists the court shall proceed "summarily to decide the issue.” § 682.03 . . .
. . . . § 682.03(1), Fla. Stat. (2012) (emphasis added). . . . We have previously indicated that “[t]he clear wording of [section 682.03(1) ] requires the trial court . . . Accordingly, the lower court should have conducted an evidentiary hearing pursuant to section 682.03( . . . The plain language of section 682.03 no longer contains the term “hear.” Compare § 682.03(1), Fla. . . . Stat. (2012) ("[The court] shall summarily hear and determine the issue ....”), with § 682.03(l)(b), . . .
. . . provision for arbitration subject to this law, unless the matter was determined in proceedings under s. 682.03 . . .
. . . the motion to compel arbitration without first holding an evidentiary hearing, as required by section 682.03 . . . and determine the issue and, according to its determination, shall grant or deny the application. § 682.03 . . . granted, but if, as here, there is a “substantial issue,” then at least a summary hearing is needed. § 682.03 . . . It was error to fail to hold the hearing required by section 682.03(1). . . .
. . . In particular, section 682.03(4) provides as follows: “On application the court may stay an arbitration . . . exists between the party making the application and the party causing the arbitration to be had.” § 682.03 . . .
. . . provision for arbitration subject to this law, unless the matter was determined in proceedings under s. 682.03 . . .
. . . We discern no such intention in section 682.03(4) or any other provision of the Florida Arbitration Code . . .
. . . for a party to apply to the court for an order compelling or staying arbitration pursuant to section 682.03 . . . and determine the issue and, according to its determination, shall grant or deny the application. § 682.03 . . .
. . . provision for arbitration subject to this law, unless the matter was determined in proceedings under s. 682.03 . . .
. . . provision for arbitration subject to this law, unless the matter was determined in proceedings under s. 682.03 . . .
. . . Section 682.03 provides that once a party has filed a motion to compel arbitration, If the court is satisfied . . . and determine the issue and, according to its determination, shall grant or deny the application. § 682.03 . . .
. . . See § 682.03(1), (3), Fla. Stat. (2010); Rittman v. Allstate Ins. . . .
. . . waiver of the right to arbitrate, the trial court should have followed the requirements of section 682.03 . . .
. . . eventually receded from that position and filed a petition to stay arbitration pursuant to section 682.03 . . .
. . . circuit court erred because it did not conduct an expedited evidentiary hearing pursuant to section 682.03 . . . Subsection 682.03(1) provides that a party to an arbitration agreement may apply to a court for an order . . .
. . . “Section 682.03(1), Florida Statutes [ (2008) ], furnishes a guide to the procedure that the trial court . . . and determine the issue and, according to its determination, shall grant or deny the application. § 682.03 . . .
. . . Section 682.03(1), Florida Statutes (2007), provides as follows: A party to an agreement or provision . . .
. . . Gencom filed an action in circuit court under subsection 682.03(4), Florida Statutes (2009), seeking . . . Stat. § 682.03(4) (2009). The trial court conducted a hearing. . . .
. . . non-final order, the trial court, without holding an evidentiary hearing as required under section 682.03 . . . Section 682.03(1) states: A party to an agreement or provision for arbitration subject to this law claiming . . . Healthcare of Boynton Beach L.L.C., 8 So.3d 449, 450-51 (Fla. 4th DCA 2009), this court, relying on section 682.03 . . . unconscionability challenge was “mandatory in nature,” as “Florida courts have determined that [section 682.03 . . . The trial court, under section 682.03(1), was therefore required to hold an evidentiary hearing on the . . .
. . . This is not a case where the trial court can enter an order compelling arbitration pursuant to section 682.03 . . .
. . . See §§ 682.03-.04, Fla. Stat. (2007). . . .
. . . Section 682.03 of the Florida Statutes governs proceedings to compel arbitration. . . . The statute reads, in pertinent part: 682.03. . . .
. . . provision for arbitration subject to this law, unless the matter was determined in proceedings under s. 682.03 . . .
. . . for rehearing and requested an expedited evidentiary hearing on its motion in accordance with section 682.03 . . .
. . . for arbitration subject to this law, unless the matter was determined in a proceeding under section 682.03 . . .
. . . . § 682.03, governing arbitration, to compel appraisals, and courts generally treat appraisal clauses . . .
. . . Because the trial court failed to conduct an evidentiary hearing pursuant to section 682.03(1), Florida . . . The trial judge did not hold an evidentiary hearing under section 682.03(1), Florida Statutes, to resolve . . . Section 682.03(1), Florida Statutes, states: A party to an agreement or provision for arbitration subject . . . and determine the issue and, according to its determination, shall grant or deny the application. § 682.03 . . .
. . . provision for arbitration subject to this law, unless the matter was determined in proceedings under s. 682.03 . . .
. . . See § 682.03, Fla. Stat. (2007). . . .
. . . We reject appellants’ argument that section 682.03(3), Florida Statutes (2006), mandates that a stay . . . See § 682.03(1), Fla. . . . an appeal may be taken from “[a]n order denying an application to compel arbitration made under s. 682.03 . . . To read section 682.03(3) as broadly as appellants urge would be to nullify the legislative direction . . .
. . . WHETHER A VALID AGREEMENT TO ARBITRATE EXISTS Section 682.03(1), Florida Statutes (2006), states: “If . . .
. . . complaint in circuit court seeking a stay of the arbitration proceeding in accordance with section 682.03 . . .
. . . Florida Arbitration Code that corresponds with section 4 of the Federal Arbitration Act is section 682.03 . . . The comparability of section 4 of the Federal Arbitration Act and section 682.03(1), Florida Statutes . . . Fairways Plaza Assocs., 412 So.2d 871 (Fla. 3d DCA 1982), held that the operative language of section 682.03 . . .
. . . provision for arbitration subject to this law, unless the matter was determined in proceedings under s. 682.03 . . .
. . . Section 682.03(1), Florida Statutes (2005), authorizes an ‘application to the court’ to proceed with . . .
. . . .” § 682.03(1), Fla. Stat. (2005). . . . See § 682.03(1), Fla. . . .
. . . See § 682.03(1), Fla. . . .
. . . issue because, for purposes of this appeal, the relevant provisions of the two acts (i.e., section 682.03 . . . Section 682.03(1) of the Florida Arbitration Code reads: A party to an agreement or provision for arbitration . . . It is clear that, pursuant to section 682.03(1) of the Florida Arbitration Code, when a factual dispute . . .
. . . provision for arbitration subject to this law, unless the matter was determined in proceedings under s. 682.03 . . .
. . . Section 682.03(1), Florida Statutes (2005), governs proceedings to compel arbitration. . . . require the filing of a pleading before the court makes this preliminary determination; rather section 682.03 . . . Because “[sjpeedy resolution of disputes is the raison d’etre of arbitration,” section 682.03(1) contemplates . . . court that a disputed issue exists “as to the making of the agreement” within the meaning of section 682.03 . . .
. . . Section 682.03(1), Florida Statutes (2005), authorizes an “application to the court” to proceed with . . .
. . . Section 682.03(1), Florida Statutes provides: A party to an agreement or provision for arbitration subject . . . latter requirement contemplates an expedited ev-identiary hearing.” 425 So.2d at 129 (quoting section 682.03 . . .
. . . Section 682.03(1), Florida Statutes (2003), furnishes a guide to the procedure that the trial court must . . . The trial court in Proper was able to comply with Section 682.03(1) by summarily hearing the issue and . . .
. . . . also penalizes the Buyers for exercising their rights under the Florida Arbitration Code, section 682.03 . . .
. . . Epstein’s complaint sought only a stay of the arbitration proceedings pursuant to section 682.03(4), . . . agreement or provision and, according to its determination, shall grant or deny the application. § 682.03 . . .
. . . See § 682.03(1), Fla. Stat. (2000); Riverwalk Apts., L.P. v. RTM Gen. . . .
. . . Section 682.03(3), Florida Statutes (2003) provides that any action involving an issue subject to arbitration . . . would apply in every ease, and staying the arbitration for that reason would be contrary to section 682.03 . . .
. . . provision also penalizes the Buyers for exercising their rights under the Florida Arbitration Code, section 682.03 . . .
. . . Savanna Club Corp., 592 So.2d 344, 347 (Fla. 4th DCA 1992) (discussing “separability” pursuant to section 682.03 . . .
. . . N.C.J. also could have, but did not, seek relief when Avatar joined it to the arbitration: section 682.03 . . . N.C.J. argues that sections 682.13(l)(e) and 682.03(4) presuppose an arbitration agreement between the . . .
. . . For example, Florida courts have repeatedly utilized Florida Statutes § 682.03 as a basis to compel appraisals . . .
. . . In language similar to that used in the FAA, § 682.03(1) of the Florida Arbitration Code states: “If . . . Section 682.03, Florida Statutes (1989), contains several provisions establishing the separable nature . . . See also Section 682.03(4), Florida Statutes (1989). . . .
. . . provision for arbitration subject to this law, unless the matter was determined in proceedings under s. 682.03 . . .
. . . . § 4 and Section 682.03(1) of the Florida Statutes. . . . .2d 159, 160 (Fla. 4th DCA 2000) (noting that “[t]he only proper parties to a lawsuit under section 682.03 . . . claims for “fraud” and “breach of contract” are subject to arbitration under 9 U.S.C. § 3 and section 682.03 . . . MedPartners disputes this authority by claiming that the Hospitality Ventures case applies only to section 682.03 . . . However, this section is "similar to section 2 of the Uniform Arbitration Act,” see Fla.Stat.Ann. § 682.03 . . .
. . . See § 682.03(1), (4), Fla. Stat. (1999). . . .
. . . See Section 682.03(1), Florida Statutes (1999)(If the court shall find that a substantial issue is raised . . .
. . . .” § 682.03. . . . arbitration in Indianapolis under certain conditions, is not enforceable by a trial court pursuant to section 682.03 . . .
. . . for a party to apply to the court for an order compelling or staying arbitration pursuant to section 682.03 . . . The only proper parties to a lawsuit under section 682.03 to determine the propriety of arbitration are . . .
. . . any factual issue other than the making of the agreement or provision for arbitration); see section 682.03 . . . Section 682.03(4) Florida Statutes (1997) provides: “On application the court may stay an arbitration . . .
. . . An appeal may be taken from: (a) An order denying an application to compel arbitration made under s. 682.03 . . . (b) An order granting an application to stay arbitration made under s. 682.03(2)-(4). . . .
. . . action did not expressly describe itself as an application to stay arbitration pursuant to section 682.03 . . .
. . . See Florida Arbitration Code, § 682.03, Fla. Stat. (1995). . . . See § 682.03, Fla. Stat. (1995); Phillips v. General Accident Ins. . . . Co. of Am., 685 So.2d 27, 29 (Fla. 3d DCA 1996) (interpreting the Florida Arbitration Code, § 682.03, . . .
. . . but better view is to treat motion as a motion to stay and grant it pursuant to sections 682.02 and 682.03 . . .
. . . . § 1 et seq., § 682.03(4) Florida Statutes, and the federal Declaratory Judgment Statute, 28 U.S.C. . . .
. . . See § 682.03(1), (4), Fla. Stat. (1995). . . . When faced with a motion to compel arbitration under section 682.03, a trial court is limited to considering . . .
. . . See § 682.03(3), Fla.Stat. (1995); Okeelanta Corp. v. . . . Section 682.03(3), Fla.Stat., provides: (3) Any action or proceeding involving an issue subject to arbitration . . .
. . . provision for arbitration subject to this law, unless the matter was determined in proceedings under s. 682.03 . . .
. . . Under the Florida Arbitration Code, section 682.03(1), Florida Statutes (1997), when the party opposing . . .
. . . better view is to treat the motion as a motion to stay and grant it pursuant to sections 682.02 and 682.03 . . . Section 682.03(3) is part of the Florida Arbitration Code and provides that: “Any action or proceeding . . . application is made in such action or proceeding, the order for arbitration shall include such stay.” § 682.03 . . . light of these provisions in section 718.1255 and the absence of a stay provision comparable to section 682.03 . . .
. . . Section 682.03(3), Florida Statutes (1997), requires the court to stay “[a]ny action or proceeding involving . . .
. . . Mason, 677 So.2d 105, 107 (Fla. 4th DCA 1996); § 682.03(3) Fla. Stat. (1995). . . .
. . . See §§ 489.128, 682.02, 682.03, Fla.Stat.; Castro v. . . .
. . . In considering motions to compel arbitration pursuant to section 682.03, Florida Statutes (1993), the . . .
. . . main issues: “The trial court’s role when considering applications to compel arbitration under Section 682.03 . . .
. . . Turning now to the issue of a dismissal versus a stay, we initially note that section 682.03(3), Florida . . . better view is to treat the motion as a motion to stay and grant it pursuant to sections 682.02 and 682.03 . . .
. . . filed a motion in circuit court to stay arbitration and for permanent injunction, pursuant to section 682.03 . . .
. . . Section 682.03(3), Florida Statutes (1995), provides as follows: (3) Any action or proceeding involving . . .