Florida/Georgia Personal Injury & Workers Compensation

...a contract which contained an arbitration provision, the language of which provides no indication that tort claims arising under the common law were contemplated or included, would clearly be unjust. We do not think that the legislature in enacting section 682.02, Florida Statutes (1999), nor the courts in adopting any general policy favoring arbitration, intended such a result....

...g arbitration. That is not the case here. The parties specifically declined to be bound by any award exceeding the specified limit. Moreover, rather than offending public policy, Florida law specifically authorizes the parties to agree as they have. Section 682.02, Florida Statutes (1987), provides in pertinent part that an agreement to arbitrate shall be valid, enforceable, and irrevocable without regard to the justiciable character of the controversy; provided that this act shall not apply to...

...es an objective indication of the value of larger claims, making the settlement process easier. Roe, 515 So.2d at 1372. For the foregoing reasons, we find that the arbitration provision at issue here complies both with the intent and requirements of section 682.02, Florida Statutes (1987), and offends no public policy....

...This Court's earlier Order * * * is rescinded due to allegations of alleged criminal activity set forth in Plaintiffs' Second Amended Complaint. 3. This case is specially set for a non-jury trial for the week of July 9, 1991. It is that non-final order which Ronbeck asks us to review under rule 9.130(a)(3)(C)(v). Section 682.02, Florida Statutes (1989), provides: Two or more parties may agree in writing to submit to arbitration any controversy existing between them at the time of the agreement, or they may include in a written contract a provision for the set...

...an entire chapter of the Florida Statutes. See Ch. 682, Fla. Stat. (2004) ("Florida Arbitration Code"). It provides that arbitration provisions are "valid, enforceable, and irrevocable without regard to the justiciable character of the controversy." § 682.02, Fla....

...h the courts had previously been hostile. [15] Wielding the remedial canon to settle the conflict leaves us in hopeless stalemate. *307 Both codes start on equal footing; neither suggests one is superior. No supreme court case holds that in spite of section 682.02 the courts can refuse arbitration as against public policy simply because arbitration would not enforce other statutory remedies as a court would....

...Contracts are not revocable merely because they incorporate the law of a state other than the forum. However, under Florida law and the Florida Arbitration Code an otherwise valid arbitration agreement is not enforceable if it incorporates the law of another state. [2] See § 682.02, Fla....

...to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. 9 U.S.C. § 2. [2] Section 682.02 of the Florida Arbitration Code provides as follows: Two or more parties may agree in writing to submit to arbitration any controversy existing between them at the time of the agreement, or they may include in a written contract a prov...

...Such agreement or provision shall be valid, enforceable, and irrevocable without regard to the justiciable character of the controversy; provided that this law shall not apply to any such agreement or provision to arbitrate in which it is stipulated that this law shall not apply or to any arbitration or award thereunder. § 682.02, Fla....

...Such an issue is for the arbitrators." Gersh v. Concept House, Inc., supra, at 259. Second, though it is true that if the arbitration clause of the contract calls for arbitration to take place in a foreign jurisdiction, Florida courts cannot, over objection, compel arbitration, § 682.02, Fla....

...81-2473 seeking review of the trial court's order denying arbitration was filed out of concern that non-action might be deemed a waiver of arbitration. Given this, we dismiss Post Tensioned's petition for writ of certiorari. [2] The plain language of Sections 682.02, .03 and .04, Florida Statutes (1981), refers to "an agreement or provision to arbitrate," not to the contract in its entirety....

...Had Fairways' complaint asserted that it was fraudulently induced by Commercial into agreeing to arbitrate by Commercial's promise to compel its subcontractors to arbitrate an issue cognizable by the court would have been presented. [3] We read Sections 682.02, .03 and .04 as treating the arbitration provision of a contract as a separate contract as a matter of law....

...e court, and under the second of these views, the court must additionally decide the issue of separability. [4] "[An agreement to arbitrate] shall be valid, enforceable and irrevocable without regard to the justiciable character of the controversy." § 682.02, Fla....

...the insurance policy and its status as a third party beneficiary of the policy. See Orion, 696 So.2d at 478. Once made, an assignment of the insured's interest in personal injury protection benefits to a medical services provider is irrevocable. See § 682.02, Fla.Stat....

...The FAC provides that "[t]wo or more parties . . . may include in a written contract a provision for the settlement by arbitration of any controversy thereafter arising between them relating to such contract or the failure or refusal to perform the whole or any part thereof." § 682.02, Fla....

...rejected by the parties by reason of their agreement to arbitrate in New York City, New York. We hold the provision that arbitration was to take place in New York constituted a stipulation *82 that the Florida Arbitration Code should not apply. See Section 682.02, Florida Statutes (1973)....

...of a dispute between them as to the book value of the stock of the corporation, is binding on the appellee. The agreement for the arbitration was clear and definite. The designated arbitrator, Haskins & Sells, is a well known public accounting firm. Section 682.02 Fla....

...shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise... ." These provisions for arbitration are not contrary to the public policy of this state (see Section 682.02, F.S....

...empt to oust the court's jurisdiction. Respectfully, we decline to apply the rationale of those opinions to the present case because in our view the aforementioned opinions do not give effect to the intention of the legislature as expressed in F.S., Section 682.02, F.S.A....

...and. Defendants make several arguments in opposition. First, Defendants claim that under Section 2 of the Federal Arbitration Act, Plaintiff must produce a written contract to arbitrate before that procedure can be compelled. Defendants also cite to Section 682.02, Florida Statutes, as requiring a written contract for arbitration....

...its full limits. Since the limits of appellee's policies exceed those of the tort-feasor, appellee demanded that appellant, as his insurer, submit to arbitration. Upon appellant's refusal appellee filed a complaint to compel arbitration pursuant to § 682.02 F.S....

...ll not duplicate the benefits available under the tort-feasor's automobile liability coverage. After the entry of the April 8th order, the trial court, upon appropriate motion, entered an order awarding appellees attorney's fees and the costs of the § 682.02 proceeding....

...to compel arbitration unless an agreement to arbitrate complies with the Florida Arbitration Code. Knight v. H.S. Equities, Inc., 280 So.2d 456, 459 (Fla. 4th DCA 1973). Orlando Marketplace argues that the arbitration provision fails to comply with section 682.02, Florida Statutes (1999), because both parties did not agree to arbitrate. We disagree. Section 682.02, Florida Statutes, states in pertinent part: Two or more parties may agree in writing to submit to arbitration any controversy existing between them at the time of the agreement, or they may include in a written contract a provision fo...

...he purchaser had signed the contract containing the arbitration provision, the arbitration provision unlawfully restricted the purchaser's access to the courts and lacked mutuality of obligation...." Id. at 861. The district court reversed and held: Section 682.02, Florida Statutes, provides that parties may agree in a written contract to settle by arbitration any controversy thereafter arising between them relating to such contract or the failure or refusal to perform the whole, or any part thereof....

...The issue of arbitrability is a question for the court to be determined by the contract entered into by the parties. Drake Bakeries v. Bakery Workers, 370 U.S. 254, 82 S.Ct. 1346, 8 L.Ed.2d 474 (1962). In order for a dispute to be arbitrable, a written contract must show the parties' intent to submit to arbitration. § 682.02, Fla....

...The applicability of the Federal Act comes into play because, as both parties agree, under Florida law and the Florida Arbitration Code, an otherwise valid arbitration agreement is not enforceable if it incorporates the law of another state. [1] See § 682.02, Fla....

...On the other hand, appellees argue that, even if the arbitrators did not have the authority to determine attorney's fees in the first instance, if the parties stipulate that a fee may be awarded by the arbitrators, they may do so. 371 So.2d at 112. This court's view of the controlling law at that time was: In this case Section 682.02, Florida Statutes (1975), provides for the submission of any controversy to arbitration; but that broad grant of authority is subsequently limited by Section 682.11, wherein the arbitrators are expressly authorized (unless the agreemen...

...However, the jurisdiction of the courts cannot be invoked to specifically enforce or compel arbitration unless an agreement to arbitrate complies with the Florida Arbitration Code. This conclusion is reinforced by the judicial decisions heretofore cited and the language contained in Sections 682.02 and 682.18(1), set forth as follows: "682.02 Arbitration agreements made valid, irrevocable and enforceable; scope....

...ded.) As was heretofore noted, the customer's agreement contained a specific stipulation that the laws of the State of New York shall govern the enforcement of the agreement. Such a proviso, we feel, falls within the emphasized language appearing in Section 682.02, supra, rendering arbitration provisions unenforceable in Florida....

...misbehavior as will vitiate an award, irrespective of the fact that there may have been no corrupt intention on the part of the arbitrators. Id. at 106. Here, the appraisal provision neither excludes application of the Florida Arbitration Code, see, section 682.02, Florida Statutes (1995); Sun City Diner of Boca Raton, Inc....

...as flows therefrom. Various motions, hearings and amendments finally resulted in settling the pleadings and thereupon a motion was made by the appellant to compel arbitration pursuant to the arbitration clause of the contracts and the provisions of Section 682.02 and 682.03, Florida Statutes (1975)....

...ion provision contained in the management agreements, notwithstanding the fact that the defendant has properly invoked this Court's jurisdiction to compel arbitration pursuant to Section 682.03, Florida Statutes and notwithstanding the provisions of Section 682.02, Florida Statutes, which provides, inter alia, that an agreement or provision in a contract requiring arbitration shall be valid, enforceable, and irrevocable without regard to the justiciable character of the controversy....

...agreement between the parties was null and void because the architect Hancock was not registered and therefore the drawings were not true architectural drawings. Rice filed a motion to dismiss Merkle's complaint on the ground that it conflicted with Section 682.02, Florida Statutes [the "arbitration is irrevocable" statute] in that Rice was attempting to litigate a matter already pending between the parties in the prior proceedings....

...A), 15 U.S.C. §§ 1632, 1638. Holt's individual complaint included two additional counts alleging fraud and deceptive trade practices based on facts specific to his transaction. O'Brien Imports filed a motion to dismiss and compel arbitration under section 682.02, Florida Statutes (2000)....

...g the arbitration provision, the arbitration provision unlawfully restricted the purchaser's access to the courts and lacked mutuality of obligation, and that the seller was not entitled to arbitration as to the issues in the law action. We reverse. Section 682.02, Florida Statutes, provides that parties may agree in a written contract to settle by arbitration any controversy thereafter arising between them relating to such contract or the failure or refusal to perform the whole, or any part thereof....

...Therefrom it is clear the parties contracted to arbitrate disputes concerning the workmanlike quality, adequacy or sufficiency of the several specified repairs, which the settlement contract provided were to be made by Pacemaker. We hold it was error to order that the arbitration order include other disputes or claims. Section 682.02, Florida Statutes (1975) provides that parties may agree in writing to submit to arbitration any controversy existing between them at the time of the agreement, or (as here) that they may include in the written contract a provision for...

...§ 2 (1970), supersedes inconsistent provisions of the Florida Arbitration Code, § 682, Fla. Stat. (1983). We hold that it does and that state courts must apply the Federal Arbitration Act to contracts involving interstate commerce. Under the Florida Arbitration Code, § 682.02, Fla....

...at 11, 104 S.Ct. at 858, 79 L.Ed.2d at 12. The supremacy clause, U.S. Const. art. VI, cl. 2, mandates that federal statutes enacted pursuant to the United States Constitution supersede inconsistent state law; accordingly, any inconsistency between section 682.02 and the Federal Arbitration Act must be resolved in favor of federal law....

...Because the contract in question involves interstate commerce, see Riverfront Properties, Ltd. v. Max Factor III, 460 So.2d 948, 954 (Fla. 2d DCA 1984), we affirm the trial court's Order Granting Motion to Stay. Affirmed. NOTES [*] Judge Pearson did not participate in oral argument. [1] Section 682.02, Fla....

...aph g. Butcher & Singer basically assert that a contract requiring arbitration pursuant to the laws of a foreign jurisdiction is not enforceable in Florida if either party objects prior to an arbitration award. This is a correct general premise. See Section 682.02, Florida Statutes (1981), Damora v....

...tial evidence standard.” Id. at 146 (quoting BDO Seidman, LLP v. Bee, 970 So.2d 869, 873-74 (Fla. 4th DCA 2007)). The Agreement’s Paragraph 20 is Enforceable Chapter 682, Florida Statutes (2011), governs arbitration in commercial contract cases. Section 682.02 permits parties to “include in a written contract a provision for the settlement by arbitration of any controversy ... arising between them relating to such contract.” § 682.02, Fla....

...ovided for by Chapter 681 of the Florida Statutes, known as the "Lemon Law". The arbitration specified in this clause is intended to provide an arbitral forum instead of judicial forum for the resolution of disputes, as authorized by Florida Statute 682.02....

...1238, 84 L.Ed.2d 158 (1985); KFC Nat'l Mgmt. Co. v. Beauregard, 739 So.2d 630 (Fla. 5th DCA 1999); Gale Group, Inc. v. Westinghouse Elec. Corp., 683 So.2d 661, 663 (Fla. 5th DCA 1996); North American Van Lines v. Collyer, 616 So.2d 177 (Fla. 5th DCA 1993); 9 U.S.C. § 2; § 682.02, Fla....

...her state (Delaware). Furthermore, he argues that the agreement is not enforceable under the Federal Arbitration Act. While we agree that the arbitration agreement between Jensen and the Miami Tropics is unenforceable and voidable under Florida law, § 682.02, Florida Statutes (2001); Damora v....

...North American Soccer League, of which both Washington and Lipton are members, and the NASL Players Association, as bargaining agent. Though chapter 682 may not be applicable because the collective bargaining agreement incorporates New York law, see section 682.02, the obligation to arbitrate persists through federal law, 9 U.S.C....

...not to compete and an agreement that "any and all other disputes arising out of, under, or in connection with or relating to this agreement shall be settled by arbitration in Broward County, Florida, in accordance with the Florida Arbitration Code." Section 682.02, Florida Statutes (1989), provides: Two or more parties may agree in writing to submit to arbitration any controversy existing between them at the time of the agreement, or they may include in a written contract a provision for the set...

...g enforcement of an arbitration clause. Florida Keys Elec. Coop. Ass'n. v. A & G Blaton of Fla., Inc., 574 So.2d 1225 (Fla. 3d DCA 1991). We think, however, the better view is to treat the motion as a motion to stay and grant it pursuant to sections 682.02 and 682.03....

...spositive of this appeal. This is the fact that the contract between the parties provided affirmatively for arbitration in case of dispute between them, and the Florida Statutes recognize the legal medium of arbitration to settle such disputes. F.S. § 682.02 F.S.A. is as follows: "682.02 Arbitration agreements made valid, irrevocable and enforceable; scope Two or more parties may agree in writing to submit to arbitration any controversy existing between them at the time of the agreement, or they may include in a written contra...

...Co., 533 So.2d 279 (Fla. 1988); Florida Select Ins. Co. v. Keelean, 727 So.2d 1131 (Fla. 2d DCA 1999). The Florida Arbitration Code, sections 682.01-682.22, Florida Statutes (1999), is designed "to encourage arbitration of disputes." Roe, 533 So.2d at 281. Section 682.02 states that an "agreement or provision [for arbitration] shall be valid, enforceable, and irrevocable without regard to the justiciable character of the controversy; provided that this act shall not apply to any such agreement or provi...

...tes bad faith and should not have been sanctioned by the trial court. The Indianapolis forum selection clause is a nullity; the arbitration clause is governed by the Florida Arbitration Code; and the agreement is valid, enforceable, and irrevocable. § 682.02, Fla....

...n that the Florida Arbitration Code shall not apply. Post Tensioned Engineering Corp. v. Fairways Plaza Associates, 412 So.2d at 874, citing Hall v. Nationwide Mutual Insurance Co., 189 So.2d 224 (Fla. 4th DCA 1966). [7] See Florida Arbitration Code § 682.02, Fla....

...protection laws of the state in which Members reside. Spirit says the choice of “the laws of the State of Florida” incorporates the Florida Arbitration Code. And Florida’s Arbitration Code reserves questions of arbitrability for courts. See Fla. Stat. § 682.02(2)....

...bitrated pursuant to Illinois law and in Chicago, Illinois. The answer to this question is that Florida courts do not have the authority to require arbitration where the arbitration agreement requires the application of the law of another state. See § 682.02, Fla....

...inois through a summary, low-cost procedure in which we will jointly appoint a qualified arbitrator who specializes in such matters to promptly resolve any disputes through arbitration, whose decision shall be final and binding upon the parties. [4] Section 682.02, Florida Statutes (2007) provides: Two or more parties may agree in writing to submit to arbitration any controversy existing between them at the time of the agreement, or they may include in a written contract a provision for the sett...

...4th DCA 2008) (noting that Florida Arbitration Act does not require a written arbitration agreement to be signed *336 to be enforceable). Unlike documents that fall within the statute of frauds, section 725.01, Florida Statutes (2011), the Florida Arbitration Act, section 682.02, Florida Statutes (2012), does not require the party to be charged to sign an arbitration agreement....

...f limitations defense. Chapter 682, Florida Statutes (1993), recognizes and gives effect to arbitration agreements. Arbitration agreements "shall be valid, enforceable, and irrevocable without regard to the justiciable character of the controversy." § 682.02....

...utes between Realtor members shall be settled through arbitration. The language of the by-laws is clear and unambiguous. The question remains then, whether there was an agreement between the parties to arbitrate future disputes within the meaning of section 682.02, Florida Statutes (1985)....

...We hold, therefore, that a provision in the constitution, charter or by-laws of a voluntary association which requires that disputes between members be submitted to arbitration constitutes a binding agreement between such members to submit future disputes to arbitration within the meaning of section 682.02, Florida Statutes (1985), and that such an agreement existed between the parties here....

...committee and waived any right of appeal to the Board of Directors. Thus, the effect of Stanley's refusal to sign the form was to preserve his right to appeal the committee's decision to the Board of Directors, and this right was granted to him. [2] Section 682.02, Florida Statutes (1985) provides, in pertinent part: Two or more parties may agree in writing to submit to arbitration any controversy existing between them at the time of the agreement, or they may include in a written contract a pro...

...Dean Witter Reynolds, Inc. v. Byrd, 470 U.S. 213, 218, 105 S.Ct. 1238, 84 L.Ed.2d 158 (1985); Gale Group, Inc. v. Westinghouse Elec. Corp., 683 So.2d 661, 663 (Fla. 5th DCA 1996); North American Van Lines v. Collyer, 616 So.2d 177 (Fla. 5th DCA 1993); 9 U.S.C. § 2; § 682.02, Fla....

refusal to perform the whole or any part thereof. § 682.02, Fla. Stat. (2012) (emphasis added). This broadly

...exists or a controversy is subject to an agreement to arbitrate. (3) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable. § 682.02, Fla....

...he Rules of the American Arbitration Association. The foregoing procedure for arbitration shall likewise be available to BROKER AND DEVELOPER if OWNER alleges any default under this Agreement." A reading of Paragraph 38 of the agreement, in light of Section 682.02, Florida Statutes (1975) (Florida Arbitration Code) and the facts of this case, leads us to the conclusion that the trial court properly granted plaintiffs' motion compelling arbitration between the parties and staying further proceedings in the cause in the trial court....

...Appellees contend further that the mandatory binding arbitration procedure in section 627.736(5) is unconstitutional because they were not a party to the agreements compelling arbitration. Section 627.736(5) provides that the provisions of chapter 682 are applicable. Section 682.02, Florida Statutes (1995) provides in part: 682.02 Arbitration agreements made valid, irrevocable, and enforceable; scope.—Two or more parties may agree in writing to submit to arbitration any controversy existing between them at the time of *325 the agreement, or they may include in a written contract a provision for the settlement by arbitration of any controversy thereafter arising between them relating to such contract or the failure or refusal to perform the whole or any part thereof.... Appellees contend that section 682.02 is inapplicable because it does not provide that the parties may agree to binding arbitration of a third party assignee's contractual rights....

...The identity of the owner of the claim is therefore the sole basis for granting or denying access to a court to resolve the identical dispute. There is no valid reason to single out medical providers and to deny them court access in this manner. Other parties enjoy the privilege of agreeing to arbitrate voluntarily. See § 682.02....

...5th DCA 1996)). Florida law provides for the validity, enforceability, and irrevocability of provisions included in a written contract "for the settlement by arbitration of any controversy thereafter arising between [the parties] relating to such contract." § 682.02, Fla....

...section 627.736(5) and the policy provision requiring arbitration no longer apply. We reject the Gonnellas' argument. The legislative intent is clear. Section 627.736(5) requires arbitration to resolve disputes involving medical benefits. Moreover, section 682.02, Florida Statutes (1995), provides that a written agreement to submit a controversy to arbitration is "valid, enforceable, and irrevocable"....

...was rejected by the parties by reason of their agreement to arbitrate in New York City, New York. We hold the provision that arbitration was to take place in New York constituted a stipulation that the Florida Arbitration Code should not apply. See Section 682.02, Florida Statutes (1973)....

...), because he has now aligned himself with the adversary. We conclude that an arbitrable issue exists in the unfettered access to the LLC's records and sole asset, the motion picture itself, and therefore is "related to" the operating agreement. See § 682.02, Fla....

...hat the Act which created the right to treble damages also provided for the award of attorney's fees and limited that determination to the courts — so even though the parties agreed to the submission to arbitration, it was ineffective. In this case Section 682.02, Florida Statutes (1975), provides for the submission of any controversy to arbitration; but that broad grant of authority is subsequently limited by Section 682.11, wherein the arbitrators are expressly authorized (unless the agreemen...

...include in a written contract a provision for the settlement by arbitration of any controversy thereafter arising between them relating to such contract or the failure or refusal to perform the whole or any part thereof.... Such agreement or provision shall be valid, enforceable, and irrevocable.... § 682.02, Fla....

...udgment of dismissal, was a mere passing reference to "the already agreed to resolution via arbitration." See id. at 365. The stipulation was silent as to what the parties agreed to submit to arbitration, and did not contain the language mandated by section 682.02, i.e., provide "for the settlement by arbitration of any controversy thereafter arising between [the parties] relating to such contract or the failure or refusal to perform the whole or any part thereof." Here, in contrast, the arbitra...

...edly made regarding the property. The court below stayed the lawsuit, based on an arbitration provision in the warranty provided with the home. The Florida Arbitration Code provides that arbitration agreements are valid, irrevocable and enforceable. § 682.02, Fla....

...require it to have raised this issue any earlier. Bruno. REVERSED. ORFINGER and COBB, JJ., concur. NOTES [1] Prior to the confirmation proceeding Lumbermens paid the other one-half of the three arbitrators' fees. [2] Ch. 682, Fla. Stat. (1979). [3] § 682.02, Fla....

...contract, seeks damages for its breach. Since no substantial issue existed as to the making of the agreement or provision, the trial court was obligated to send the matter to arbitration regardless of "the justiciable character of the controversy." § 682.02, Fla....

...The trial court's role when considering motions to compel arbitration is limited to determining whether a valid written agreement exists, whether an arbitrable issue exists, and whether the right to arbitration was waived. Piercy v. School Board, 576 So.2d 806 (Fla. 1st DCA 1991). Section 682.02, Florida Statutes, provides that when parties agree in writing to submit to arbitration any controversy existing between them at the time of the agreement, or include in a written contract a provision for settlement by arbitration of a...

...against appellant, Hank Williams, Jr., who breached a contract to perform at an outdoor concert. The contract in question contained a provision for arbitration in New York according to New York law. Generally, arbitration provisions are validated by section 682.02, Florida Statutes, but this statute does not apply "to such agreement or provision to arbitrate in which it is stipulated that this law shall not apply or to any arbitration or award thereunder." See Damora v....

...Therefore, the trial court erred in denying Lake Plumbing's motion. Besides the contract, our review of the Florida Arbitration Code, sections 682.01-682.22, *1102 Florida Statutes (1985), leaves the distinct impression that the legislature intended to encourage arbitration of disputes. See § 682.02, Fla....

...t the transfer of shares in AMC and thereby prohibit a transfer of part of the Payne Interest in AMC to the appellants) was arbitrable. Arbitration is designed to settle disputes arising between contracting parties which relate to such contract. See § 682.02, Fla....

...9.130(a)(3)(C)(iv). The former employees first argue that a provision in the constitution, charter or bylaws of a voluntary organization that requires disputes between members to be submitted to arbitration constitutes a binding agreement within the meaning of section 682.02, Florida Statutes (2001)....

...tract fits within those words."), or that the parties failed to limit the arbitrators' authority in determining the damage issue. Roe v. Amica Mut. Ins. Co., 533 So.2d 279 (Fla. 1988) (parties may submit damage issue to arbitrators with limitation); § 682.02, Fla....

...The evidence of such a course of dealing supports the trial court's finding that the parties "agreed to be bound to the written but unsigned agreement containing an arbitration clause." The trial court's enforcement of the arbitration agreement in the written contract did not violate section 682.02, Florida Statutes (2000), which provides that [t]wo or more parties may agree in writing to submit to arbitration any controversy existing between them at the time of the agreement, or they may include in a written contract a provision...

...ion of any controversy thereafter arising between them relating to such contract or the failure or refusal to perform the whole or any part thereof. The provision requires only that an arbitration clause be in writing, not that both parties sign it. Section 682.02 is unlike the statute of frauds, section 725.01, Florida Statutes (2000), which requires that certain agreements or promises, or "some note or memorandum thereof," be "in writing and signed by the party to be charged therewith." (Italics supplied)....

...nd the majority of one of the children in June 2004. [2] The former wife also received the marital home free and clear and $140,000 in lump sum alimony. [3] The arbitration clause appears to fall within the scope of the Florida Arbitration Code. See § 682.02, Fla....

...under chapter 682, Florida Statutes. Second, while section 44.104 and chapter 682 are similar, there are some differences. It appears that some arbitration agreements may be subject to both statutes. Compare § 44.104(1), Florida Statutes, with id. § 682.02; see also id....

.... Because the parties executed both agreements on July 31, 2013, the Revised Florida Arbitration Code, effective July 1, 2013, applies. §§ 682.01, .013(1), Fla. Stat. (2013). A court decides the gateway issues of whether an agreement to arbitrate exists or a controversy is subject to arbitration. § 682.02(2). An arbitrator decides the satisfaction of conditions precedent to arbitrability and whether an arbitration agreement is enforceable. § 682.02(3)....

...If a party to a judicial proceeding challenges the existence of, or claims that, a controversy is not subject to arbitration, a pending arbitration may proceed pending final resolution of the issue by the court, unless the court orders otherwise. § 682.02(4)....

...public policy as expressed in judicial opinions." We disagree. First, we do not find that the parties agreed to binding arbitration. The contract clearly states that any award in excess of $10,000 will not be binding if either party demands a trial. Section 682.02, Florida Statutes (1985) provides that parties may include in contracts [A] provision for the settlement by arbitration of any controversy thereafter arising between them relating to such contract or the failure or refusal to perform the whole or any part thereof....

...The trial court granted the motion, ordering that the parties shall arbitrate in New York pursuant to the Lease Agreement. On appeal, Eastern Funding argues that because the arbitration was to take place in a foreign forum, the arbitration clause is not enforceable if one party objects prior to an arbitration award. See § 682.02, Fla....

PER CURIAM. Affirmed on authority of Section 682.02, Florida Statutes, F.S.A.; Page v....

that Damora interpreted the 1973 version of section 682.02, which provided in pertinent part that:

Arbitration Code, Chapter 682, Florida Statutes (1975). § 682.02 thereof provides as follows: “Arbitration agreements

precedent to arbitrability has been fulfilled," § 682.02(3), Fla. Stat. (2023); see also Sherwood v. Slazinski

...2d 633 (Fla. 1999), a court must determine whether a movant has established three prerequisites before compelling arbitration: “(1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration was waived.” Id. at 636; see also § 682.02, Fla....

its petition to compel arbitration, filed under § 682.02 of the Florida Arbitration Code, Chapter 682 Fla

...3d DCA 2012) (citation omitted). 3 This preference is codified in the Revised Florida Arbitration Code, which provides that an arbitration clause “is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.” § 682.02(1), Fla....

...d, unless otherwise agreed by the parties or specified by law, no later than thirty days from the date of closing the hearings, or, if oral hearings have been waived, from the date of transmitting the final statements and proofs to the arbitrator. . Section 682.02 of the Florida Arbitration Code, Ch....

...2d 633, 636 (Fla. 1999). Generally, the court, rather than the arbitrator, determines whether a valid arbitration agreement exists between the parties and whether their 6 dispute is within the scope of the agreement. See § 682.02(2), Fla....

...ough home rule to govern themselves. The Court concluded that unless the Legislature has preempted a particular subject relating to county government, a county's governing body has full authority to act through the exercise of its home rule power. 4 Section 682.02 , Florida Statutes, states: Two or more parties may agree in writing to submit to arbitration any controversy existing between them at the time of the agreement, or they may include in a written contract a provision for the settlement...

briefs by the parties in this case, we note that section 682.02, Florida Statutes (2018), contains “gatekeeper”

...The facts of Moser suggest that the arbitration in that case was voluntary and binding. Moser, 783 So.2d at 232 . For this reason, Florida's Supreme Court interpreted applicable arbitration code provisions in reaching its decision in Moser. Id. at 233-37 . Section 682.02 of Florida Statutes indicates that the code only governs voluntary arbitrations....

...egal representation. The City refused to accept appellee’s written request.  The trial court correctly concluded that the validity and timeliness of the request was a “prerequisite to arbitrability” that is for the arbitrator to decide. See § 682.02(3), Fla....

...DeSantis, 816 So. 2d 1198, 1200 (Fla. 4th DCA 2002), we held that the union could not delegate its exclusive authority to pursue arbitration under the CBA to the employee. 2  But, at the time we decided these cases, section 682.02(3) did not exist. The legislature enacted this provision in 2013 as part of the Revised Florida Arbitration Code. Ch. 2013-232, § 7, Laws of Fla. DeSantis and the other cases cited by the City did not determine a dispute over “who decides” conditions precedent under the revised code. Section 682.02(3) now directly addresses this issue and, as we held in Cox, the arbitrator decides whether the procedural steps to properly invoke arbitration under the CBA have been followed....

agreements are valid, irrevocable and enforceable. § 682.02, Fla. Stat. (1999). However, arbitration is required

...arbitration agreement, which must be resolved by the court, and challenges to the continuing validity or scope of such an agreement, which are arbitrable. Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 444, 126 S. Ct. 1204, 1208, 163 L. Ed. 2d 1038 (2006); see also § 682.02(2), Fla. Stat.; Specht v....

...charged with determining the “existence of a legally enforceable assent to submit to arbitration.” Alan Scott Rau, Everything You Really Need to Know About “Separability” in Seventeen Simple Propositions, 14 Am. Rev. Int'l Arb. 1, 17 (2003); see also § 682.02, Fla....

324 So.2d 80 (Fla.1975). Damora relied on section 682.02 of Florida’s arbitration code, authorizing

...1999). This dispute implicates only the first element. “Because arbitration agreements are contracts, ordinary state law principles of contract formation apply.” Massage Envy Franchising, LLC v. Doe, 339 So. 3d 481, 484 (Fla. 5th DCA 2022); see also § 682.02(1), Fla. Stat....

...ntroversy is subject to an agreement to arbitrate,” but “[a]n arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.” § 682.02(2), (3), Fla....

is affirmed. Florida Arbitration Code, F.S. Section 682.02, F.S.A.; 5 Am.Jur.2d 564, Arbitration and Award

...he suit. We have reviewed the record and briefs and find that the trial court correctly denied both the motion to dismiss and its *417 motion for reconsideration. The other points argued appear to be without sufficient merit to warrant reversal. See § 682.02, Fla.Stat., F.S.A.; Pacific Mills v....

...7 foreign state." (citing Default Proof Credit Card Sys., Inc. v. Friedland, 992 So. 2d 442, 444 (Fla. 3d DCA 2008))). Second, even under the Florida Arbitration Code, that part of the Damora opinion is no longer apt because section 682.02, the section Damora was construing, was substantially amended in 2013....