MEMO TO OPINION FILE
RE Ability of a public body to enter into a
contract calling for arbitration of differences
under the contract.
CONCLUSION: A public body may enter into a contract providing
for arbitration of differences under the contract.
This opinion is based on two Florida cases that
involved arbitration under a contract by a public body. Treadway
et al., State Road Department vs Terrell, et al., 158 So 512.
This case involved jurisdiction of an arbitration board to award
interest on a contract with the State Road Department. The
contract in this case contained an arbitration clause.
Merritt-Chapman and Scott Corporation vs
State Road Department, 98 So 2d 85. This case also involved
arbitration under a contract with the State Road Department.
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FLORIDA ARBITRATION CODE
682.03 Proceedings to compel and to stay ar-
(1) A party to an agreement or provision for arbi-
tration subject to this law claiming the neglect or
refusal of another party thereto to comply therewith
may make application to I he court for an order di-
recting the parties to proceed with arbitration in
accordance with the sterns thereof. If the court is
satisfied that no substantial issue exists as to the
making of the agreement or provision, it shall grant
the application. Ifthe court shall find that a substan-
tial issue is raised as to the making of the agreement
or provision, it shall summarily hear and determine
682.05 Majority action by arbitrators.-The
powers of the arbitrators may be exercised by a ma-
jority of their number unless otherwise provided in
the agreement or provision for arbitration.
Ilistory.- 4. ci. 57 402;: 12. ri 1 7 7-25.1
Note.- -o'rni r s 57.14.
682.06 IIearing.--lUnless otherwise provided by
the agreement or provision for arbitration:
(1)(a) The arbitrators shall appoint a time and
place for the hearing and cause notification to the
parties to be served personally or by registered or
certified mail not less than 5 days before the hear-
0LOIDA ARBITRATION C"D
682.01 Florida arbitration code. the issue and, according to its determination, shall
682.02 Arbitration agreements made valid, irrevo- grant or deny the application.
cable, and enforceable: scope. (2) If an issue refeirable to arbitration under an
682.03 Proceedings to compel and to stay arbitra- agreement or provision for arbitration subject to this
tion. law becomes involved in an action or proceeding
682.04 Appointment of arbitrators by court. pending in a court having jurisdiction to hear an
682.05 Majority action by arbitrators, application under subsection (1), such application
682.06 Hearing. shall be made in said court. Otherwise and subject to
682.07 Representation by attorney. s. 682.19, such applicant ion may he made in any court
682.08 Witnesses, subpoenas, depositions. of competent jurisdiction.
682.09 Award. (3) Any action or proceeding involving an issue
682:10 Change of award by arbitrators or umpire, subject to arbitration under this law shall be stayed
682.11 Fees and expenses of arbitration. ifan order for arbitration or an application therefore
682.12 Confirmation of an award. has been made under this section or, if the issue is
682 13 Vacating an award. severable, the stay may be with respect thereto only.
682.11 Modification or correction of award. When the application is made in such action or pro-
682.15 Judgment or decree on award. ceeding, the order for arbitration shall include such
,682.16 Judgment roll, docketing. stay.
682.17 Application to court. (4) On application the court may stay an arbitra-
682.18 Court. jurisdiction, tion proceeding commenced or about to be com-
682.19) Venue. minced, if it shall find that no agreement or
682.20 Appeals. provision for arbitration subject to this law exists
682.21 Law not retroactive. between the party making the application and the
682 22 Severability. party causing the arbitration to be had. The court
shall summarily hear and determine the issue of the
682.01 Florida arbitration code.-Sections making ofthe agreement or provision and, according
682.01-682.22 may be cited as the "Florida Arbitra- to its determination, shall grant or deny the applica-
tion Code." tion.
Hislory.--. 22. cih r,7..12:.. 12. 7.6r25, (5) An order for arbit ration shall not be refused
Note.-- Vorn m 7 on the ground that the claim in issue lacks merit or
bona tides or because any fhult or grounds for the
682.02 Arbitration agreements made valid, claim sought to he arbitrated have not been shown.
irrevocable, and enforceable; scope.-T'wo or iiistory.-s. 2. rh 57/.02; s 12. hi 17.254
more parties may agree in writing to submit to arbi- Note.--IorImei 57.12.
traction any controversy existing between them at
the time of the agreement, or they may include in a 682.04 Appointment of arbitrators by court.
S written contract a provision for the settlement by If an agreement or provision for arbitration sub-
arbitration ofany controversy thereafter arising be- ct to this law provides a method for the appoint-
tween them relating to such contract or the failure ient of arbitrators or an umpire, this method shall
or refusal to perform the whole or any part thereof. e followed. In the absence thereof, or if the agreed
Such agreement or provision shall be valid, enforcea- method fails or fbr any reason cannot be followed, or
ble, and irrevocable without regard to the justiciable f an arbitrator or umpire who has been appointed
character of the controversy; provided that this act ails to act and his successor has not been duly ap-
shall not apply to any such agreement or provision pointed the court, on application of a party to such
to arbitrate in which it is stipulated that this law agreement or provision shall.appoint one or more
shall not apply or to any arbitration or award there- arbitrators or an umpire. An arbitrator or umpire so
under. appointed shall have like powers as if named or pro-
Iistorv .-. 1. cih 57-402: s. 12 c 7. -254 idled lbr in the agreement or provision.
Note.-Formrir % 57 11. Ilistory.-- r. : h. 57.4 1 2. 7.25.1
I = Nol,.- l'oirnr m. 57.1:3.
c4a**lrrr~-~n~cl--*--- ------ -------.,------- ---- ,---~-~--I-- --------,----,--
; Ch. 682 FLORIDA ARB RATION CODE h. 682
ry, the Commonwealth of Puerto Rico or foreign (0) A judgment or decree entered pursuant to the
country shall he enforceable by application as pro- provisions of this law.
vided in s. 682.17 and regardless of the time when (2) The appeal shall be taken in the manner and
said award may have been made. to the same extent as from orders or judgments in a
Note.-Former .. 57 27.
'iH lislory.- -. I.). lh. 57-402; a 12, (h ii7-254
Nol ct.--l'ornmcr .. 57.2!.
682.19 Venue.-Any application under this law
may be made to the court of the county in which the 682.21 Law not retroactive.-This law applies
other party to the agreement or provision for arbi- only to agreements and provisions for arbitration
tration resides or has a place ofbusiness, or, ifhe has made subsequent to tlhe taking eflict of this law.
no residence or place of business in this state, then listory.-. 20. ll. 57-102; s. 12. ch. 67.251.
'I to the court of any county. All applications under Noit.-vormer r 57:,3R
this law subsequent to an initial application shall be
made to the court hearing the initial application 682.22 Scverability.-If any provision of this
:1 unless it shall order otherwise, chapter or the application thereof to any person or
:11stery.-.. 1, ch. 57-402; s. 12. ch 67.254. circumstance is held invalid, that invalidity shall
Note.-Former s 57.28.
^ not aflect other provisions or applications of this
S682.20 Appeals.-- chapter. In any action or proceeding in any state or
(1) An appeal may be taken from: territory ofthe United States, the Commonwealth of
(a) An order denying an application to compel Puerto Rico, or any foreign country, this chapter and
arbitration made under s. 682.03. any agreement or provision to arbitrate made there-
(b) An order granting an application to stay arbi- under shall be classified as substantive within the
tration made under s. 682.03(2)-(4). meaning of that term in the conflict of laws; provid-
(c) An order confirming or denying confirmation ed, however, that such substantive classification
of an award. shall never be intended to derogate the public policy
(d) An order modifying or correcting an award. of such other jurisdiction.
(e) An order vacating an award without directing nistilory.-. 21, cl. 7s. 2,7.1 12. c., ,7.25.
a rehearing. Note:-Iormcr i. 57.31.