The 2023 Florida Statutes (including Special Session C)
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. . . expressly waive the statutory right to have the court determine entitlement to fees expressed in section 682.11 . . .
. . . expressly waive his statutory right to have a court hear attorney’s fees issues pursuant to section 682.11 . . . Section 682.11 provides that “[u]nless otherwise provided in the agreement or provision for arbitration . . . The Florida Supreme Court has held that under section 682.11, an arbitrator “has no authority to award . . .
. . . .” § 682.11, Fla. Stat. (2009). . . .
. . . Further, Section 682.11, Florida Statutes, states that “[ujnless otherwise provided in the agreement . . . As interpreted by the Florida Supreme Court, Section 682.11 prevents an arbitrator from awarding attorneys . . . Stated positively, Section 682.11 permits an arbitrator to award attorneys’ fees if “the parties by agreement . . . The Fund argues that the Federal Arbitration Act preempts Section 682.11, Florida Statutes, in disputes . . . The Fund's statement notwithstanding, Section 682.11, Florida Statutes, permits an arbitrator to award . . .
. . . The Fifth District concluded that under section 682.11, Florida Statutes (2005), arbitrators are prohibited . . .
. . . . § 682.11, arbitrator’s have no authority to award attorneys’ fees. . . . Stat. § 682.11; Turnberry Assocs. v. . . . Section 682.11 states: Unless otherwise provided in the agreement or provision for arbitration, the arbitrators . . .
. . . Section 682.11, Florida Statutes, is part of the Florida Arbitration Code and provides that “[ujnless . . . counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.” § 682.11 . . .
. . . See § 682.11, Fla. . . . Station Aid, Inc., 651 So.2d 1173 (Fla.1995) (holding section 682.11, Florida Statutes, prohibits arbitrators . . . authority to award attorney’s fees absent an express waiver of the limitation contained in section 682.11 . . .
. . . Section 682.11, Florida Statutes (1997), provides: “Unless otherwise provided in the agreement or provision . . .
. . . Under section 682.11, as previously construed by this Court, the parties continue to have the right to . . . The supreme court has held that under section 682.11, Florida Statutes (2004), an arbitrator “has no . . .
. . . Pursuant to section 682.11, Florida Statutes (2002), the trial court was not authorized to award costs . . .
. . . authority to award attorney’s fees absent an express waiver of the limitation contained in section 682.11 . . . counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.” § 682.11 . . .
. . . . § 682.11, Fla. Stat. (2002). . . . vacating or modifying the award relies primarily on the Florida Arbitration Code, Florida Statutes Section 682.11 . . . Florida Statutes Section 682.11 has been construed to limit arbitrators’ ability to award attorney fees . . . fees are not sufficient actions to constitute an express waiver of the limitation contained in Section 682.11 . . . West's F.S.A. § 682.11 . . . .
. . . Id., § 682.11, Fla. Stat. . . .
. . . The Florida Arbitration Code, § 682.11, Fla. . . . Barron Chase Sec., Inc., 783 So.2d 231, 232-233 (Fla.2001) (stating that section 682.11 “has been construed . . .
. . . Florida Statutes section 682.11 provides: Unless otherwise provided in the agreement or provision for . . . counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. § 682.11 . . . why the parties may not also voluntarily agree to waive the statutory limitation set forth in section 682.11 . . .
. . . . §§ 517.211(6) and 682.11. . . .
. . . Section 682.11, Florida Statutes (2000), provides: Unless otherwise provided in the agreement or provision . . .
. . . the general rule appears to be that parties must explicitly waive the limitation set forth in section 682.11 . . . has no authority to award attorneys’ fees absent an express waiver of the limitation set forth in § 682.11 . . . Section 682.11, titled “Fees and expenses of arbitration,” provides as follows: Unless otherwise provided . . .
. . . party or the other, “[u]n-less otherwise provided in the agreement or provision for arbitration^]” § 682.11 . . .
. . . Acousti Engineering Co. of Florida, 579 So.2d 77 (Fla.1991), held that Section 682.11 precluded arbitrators . . .
. . . Section 682.11, Florida Statutes (1997), provides: “Unless otherwise provided in the agreement or provision . . .
. . . Thus, section 682.11 provides that, unless otherwise agreed, the arbitrators’ expenses and fees “together . . .
. . . Section 682.11, Florida Statutes (1993), is part of the Florida Arbitration Code and provides that “[ . . . First, Cassedy argues that the Federal Arbitration Act (FAA) preempts section 682.11. . . . In Lee, the Second District considered and rejected the argument that the FAA preempted section 682.11 . . . Further, under section 682.11, “the parties continue to have the right to have the issue of attorney’ . . . We also do not believe that section 682.11 requires this. . . .
. . . . § 682.11, Fla..Stat. (1997). . . . As Sandridge suggests, perhaps section 682.11 should be revised to allow arbitrators to decide entitlement . . .
. . . Service Station Aid, Inc., 651 So.2d 1173 (Fla.1995) (section 682.11, Florida Statutes, prohibits arbitrators . . .
. . . authority to award attorney’s fees absent an express waiver of the limitation contained in section 682.11 . . . See § 682.11, Fla. Stat. (1997). In Turnberry Associates v. . . . Under section 682.11, as previously construed by this Court, the parties continue to have the right to . . . arbitrator to decide the attorney’s fee issue, the arbitrator exceeded his scope of authority under section 682.11 . . . Relying upon section 682.11 and Turnberry, appellant argued that entitlement to attorney’s fees must . . .
. . . 625 (Fla. 4th DCA 1992), we held that a statute comparable to FPA section 620.715(1), namely section 682.11 . . .
. . . has no authority to award attorneys’ fees absent an express waiver of the limitation set forth in § 682.11 . . . In addition, § 682.11, Florida Statutes permits arbitrators to determine a parties entitlement to costs . . .
. . . authority to award attorney’s fees absent an express waiver of the limitation contained in section 682.11 . . . policy of broad construction in favor of arbitration, such a narrow and restrictive reading [of section 682.11 . . . We do not read section 682.11 as such a clear directive. . . . Under section 682.11, as previously construed by this Court, the parties continue to have the right to . . . Section 682.11, Florida Statutes (1993) provides: Unless otherwise provided in the agreement or provision . . .
. . . GCA argues that the parties have a statutory right, pursuant to the Florida Arbitration Code, section 682.11 . . . Section 682.11 reads as follows: Fees and expenses of arbitration. — Unless otherwise provided in the . . . . 3d DCA 1993), the Florida Supreme Court agreed with the Fourth District’s construction of section 682.11 . . . in Pierce and concluded that “[ujnder section 682.11, ... the parties continue to have the right to . . .
. . . . § 682.11, Fla. Stat. (1995). . . .
. . . absence of such a stipulation, the arbitrators exceeded the scope of their authority under section 682.11 . . .
. . . . § 682.11, Fla. Stat. (1993). . . .
. . . agree to waive their entitlement to have the circuit court decide the issue of attorney’s fees under s. 682.11 . . . Hence, under section 682.11, the trial judge had the authority to determine the attorney’s fees issue . . .
. . . . § 682.11 (West 1990); Loxahatchee River Environmental Control District v. . . .
. . . . § 682.11, Fla.Stat. (1993) (emphasis added). The Second District in Fewox v. . . . In that decision, we were asked whether “section 682.11, Florida Statutes (1987), prohibits] an award . . . We agreed with the Fewox Court that section 682.11“does not proscribe the award of attorney’s fees incurred . . . We now agree with the construction given to section 682.11 by the Fourth District Court in Pierce, and . . . Under section 682.11, as previously construed by this Court, the parties continue to have the right to . . .
. . . Florida Statute § 682.11, as cited by Defendant, does not allow arbitrators to award attorneys’ fees. . . . Stat. § 682.11), “merely indicates that arbitrator may not include attorney fees in award of expenses . . .
. . . Florida Statute, Section 682.11 grants arbitrators the authority to make allocations of fees and costs . . . Fla.Stat. § 682.11 (1990). . . . Acousti Engineering Co. of Florida, 579 So.2d 77 (Fla.1991), held that Section 682.11 precluded arbitrators . . . Florida Statute, Section 682.11 states: Unless otherwise provided in the agreement or provision for arbitration . . .
. . . See § 682.11, Fla.Stat. (1989). The Lees rely upon Todd Shipyards Corp. v. . . . recoverable but only in the trial court upon a motion for confirmation or enforcement of the award. § 682.11 . . . , 281 (Fla.1988), but we have found scant authority inconsistent with the construction that section 682.11 . . .
. . . Florida Statutes, Section 682.11 provides that parties must pay the fees and expenses of arbitration, . . .
. . . any controversy to arbitration; but that broad grant of authority is subsequently limited by Section 682.11 . . . FAC section 682.11 provides: 682.11 Fees and expenses of arbitration. — Unless otherwise provided in . . . Hence, appropriately read, FAC section 682.11 precludes the arbitrators from awarding fees, but not when . . . Fewox, in turn, decides only that nothing in FAC section 682.11 precludes awards of fees under section . . . One might be tempted to observe that the construction we placed on FAC section 682.11 in 1978 has been . . .
. . . A collateral issue is whether attorney’s fees in this context are prohibited by section 682.11, Florida . . . We also reject appellant’s fail-back position that section 682.11, Florida Statutes (1991), prohibits . . .
. . . We, however, believe that the language of section 682.11, Florida Statutes (1989) and this court’s holding . . .
. . . jurisdiction for attorneys fees if appropriate and for costs in behalf of Plaintiff, including as to Section 682.11 . . .
. . . Section 682.11 provides: Unless otherwise provided in the agreement or provision for arbitration, the . . . counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. § 682.11 . . .
. . . (1987), authorize an award of attorney’s fees [incurred during arbitration] notwithstanding section 682.11 . . . Potamkin Dodge, Inc., 455 So.2d 398 (Fla. 3d DCA 1984) (stating that section 682.11 prohibits an award . . . court went on to certify the following questions as being of great public importance: DOES SECTION 682.11 . . . As to the first question certified, we agree that section 682.11 does not proscribe the award of attorney . . . Section 682.11, Florida Statutes (1987), provides: Fees and expenses of arbitration. — Unless otherwise . . .
. . . Section 682.11 of the Florida Statutes disallows the assessment of attorney fees in arbitration proceedings . . . Fla.Stat. § 682.11 (1990) provides: "Unless otherwise provided in the agreement or provision for arbitration . . .
. . . 111 (Fla. 4th DCA 1978), cert. denied, 378 So.2d 346 (Fla.1979) in which the court found that section 682.11 . . . counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. § 682.11 . . . In Fewox, the court certified the following question: DOES SECTION 682.11, FLORIDA STATUTES (1987), PROHIBIT . . . The text of the statute relied on in Tassinari is identical to the text of section 682.11, Florida Statutes . . .
. . . . § 682.11, Fla.Stat. (1987); Fewox v. . . .
. . . and 627.756, Florida Statutes (1987), authorize an award of attorney’s fees notwithstanding section 682.11 . . . following question as involving inter-district conflict and being of great public importance: DOES SECTION 682.11 . . .
. . . . § 682.11, Fla.Stat. (1983); Buena Vista Construction Company; Cuevas v. . . .
. . . Because the tortfeasor was totally uninsured, Sections 627.727(6) and 682.11, Florida Statutes (1987) . . .
. . . Appellees also contend that, even if section 682.11 does not prohibit an award of attorney’s fees in . . . Thus, three issues are presented for our review: (1) Does section 682.11 prohibit an award of attorney . . . Does Section 682.11 Prohibit Arbitration Attorney’s Fees? . . . The “not including counsel fees” clause in section 682.11 merely indicates that an arbitrator may not . . . Other courts have also misconstrued Beach Resorts International to hold that section 682.11 prohibits . . .
. . . B & H responds that under section 682.11 of the Florida Arbitration Code, the arbitration panel had the . . . Under section 682.11, an arbitration panel is authorized to award all fees and costs, except attorney . . .
. . . Appellees distinguish Buena Vista on the basis that section 682.11, Florida Statutes, specifically excludes . . .
. . . .” § 682.11, Fla.Stat. (1987) (emphasis supplied). See also Beach Resorts International v. . . .
. . . ATTORNEY FEES Section 682.11 provides: “Unless otherwise provided in the agreement or provision for arbitration . . . We accept appellee’s interpretation of section 682.11 as the more logical and as consistent with our . . .
. . . In Meade, the court considered in the light of section 682.11, Florida Statutes, a similar policy provision . . . Section 682.11, Fla.Stat. (1987), unchanged since Meade was decided, provides: Unless otherwise provided . . .
. . . Attorney’s fees for arbitration proceedings are expressly excluded by section 682.11, Florida Statutes . . .
. . . With reference to fees and expenses incurred in an arbitration proceeding, section 682.11, Florida Statutes . . .
. . . The Florida Arbitration Code, Section 682.11, Florida Statutes, has never provided for — indeed, has . . .
. . . . §§ 682.11, 682.15, Fla.Stat. (Supp.1984). . . .
. . . does not itself provide for fees, which are excluded by the governing Florida arbitration code, Sec. 682.11 . . .
. . . Automobile Insurance Co., 195 So.2d 221 (Fla. 3d DCA), aff'd., 199 So.2d 705 (Fla.1967); see also section 682.11 . . .
. . . interest anywhere in the agreement, although the parties could have expressly so provided pursuant to § 682.11 . . .
. . . equally” amounts to the arbitration agreement’s “providing otherwise” within the meaning of section 682.11 . . .
. . . Moreover, Section 682.11, Florida Statutes (1979) governing fees and expenses of arbitration, specifically . . .
. . . Section 682.11, Florida Statutes (1979) (emphasis added). . . .
. . . . § 682.11, Fla. Stat. (1979). . . . Lang, 387 So.2d 976 (Fla. 2d DCA 1980). . § 682.11, Fla. Stat. (1979). . Rutkin v. State Farm Mut. . . .
. . . Hence, the purpose for including this phrase ‘not including counsel fees [in Section 57.20, now Section 682.11 . . . any controversy to arbitration; but that broad grant of authority is subsequently limited by Section 682.11 . . .
. . . The relevant portion of the Arbitration Code, Section 682.11, Florida Statutes (1975) specifically provides . . . fees cannot be considered an application for confirmation since attorney fees are not recoverable. § 682.11 . . .
. . . S. 682.11 (1973), states as follows: “. . . . . . S. 682.11, did not allow for court costs but only for arbitration fees and expenses. . . . S. 682.11 allows for an award of “court costs.” . . .
. . . . § 682.11, F.S.1973. . . .
. . . Order also includes the total unpaid balance (amount financed) at $2481.69 and a finance charge of $682.11 . . .
. . . See, §§ 682.11, .13 & .14, Fla.Stat.1971, F.S.A. . . .
. . . shipment 1560, plaintiff billed defendant for, and was paid, a transportation charge in the amount of $682.11 . . .
. . . . § 682.11, F.S.A. . . . .