682.02

Arbitration agreements made valid, irrevocable, and enforceable; scope.

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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 to arbitrate 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.
(4) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.
(5) This section also applies to written interlocal agreements under ss. 163.01 and 373.713 in which two or more parties agree to submit to arbitration any controversy between them concerning water use permit applications and other matters, regardless of whether or not the water management district with jurisdiction over the subject application is a party to the interlocal agreement or a participant in the arbitration.
History.s. 1, ch. 57-402; s. 12, ch. 67-254; s. 3, ch. 98-402; s. 26, ch. 2010-205; s. 7, ch. 2013-232.
Note.Former s. 57.11.
Notes of Decisions
Cited in 93 cases (12 in the last 5 years), 1969–2026 · leading case: Blankfeld v. Richmond Health Care, Inc.
Blankfeld v. Richmond Health Care, Inc. (2005) fladistctapp · cites it 3× “" § 682.02, Fla. Stat. (2004). Our supreme court has even said that arbitration is a "favored" means of dispute resolution.”
Roe v. Amica Mut. Ins. Co. (1988) fla · cites it 4× “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 any such agreement or…”
MERRILL LYNCH PIERCE, ETC. v. Melamed (1981) fladistctapp · cites it 5× “[2] See § 682.02, Fla. Stat. (1979); Damora v. Stresscon International, Inc.”
Avid Engineering, Inc. v. Orlando Marketplace Ltd. (2001) fladistctapp · cites it 4× “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.”
Seifert v. US Home Corp. (1999) fla · cites it 2× “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.”
POST TENSIONED ENG'G. CORP. v. Fairways Plaza Assoc. (1982) fladistctapp · cites it 4× “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.”
O'Keefe Architects v. Ced Const. Partners (2006) fla · cites it 2× “" § 682.02, Fla. Stat. (2005) (emphasis supplied).”
Ibis Lakes Homeowners Ass'n v. Ibis Isle Homeowners Ass'n (2012) fladistctapp · cites it 3× “” § 682.02, Fla. Stat. (2011). Such arbitration provisions “shall be valid, enforceable, and irrevocable without regard to the justiciable character of the controversy.”
Elbadramany v. Stanley (1986) fladistctapp · cites it 6× “Stanley's position ignores the opening paragraph of Article VI(k), supra, which requires that disputes between Realtor members shall be settled through arbitration.”
RBF Management Co. v. Sunshine Towers Apartment Residences Association, Inc. (1977) fladistctapp · cites it 5× “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…”
Default Proof Credit Card Systems, Inc. v. Friedland (2008) fladistctapp · cites it 4× “Even though the Agreement's choice of law provision is valid and enforceable, the next issue is whether Florida courts have the authority to enforce the arbitration provision of the Agreement where the provision states that any controversy arising out of the Agreement shall be…”
Ronbeck Const. Co., Inc. v. Savanna Club Corp. (1992) fladistctapp · cites it 2× “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 settlement by arbitration of any…”
— 682.02(1) — 2 cases
— 682.02(2) — 6 cases
Sherwood v. Slazinski (2015) fladistctapp
PATTERSON AND WALTER v. CLARKE (2024) fladistctapp
— 682.02(3) — 4 cases
Sherwood v. Slazinski (2015) fladistctapp
PATTERSON AND WALTER v. CLARKE (2024) fladistctapp
— 682.02(4) — 1 case
Sherwood v. Slazinski (2015) fladistctapp
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