682.03
Proceedings to compel and to stay arbitration.
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682.03 Proceedings to compel and to stay arbitration.—
(1) On motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement:
(a) If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate.
(b) If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.
(2) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.
(3) If the court finds that there is no enforceable agreement to arbitrate, it may not order the parties to arbitrate pursuant to subsection (1) or subsection (2).
(4) The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.
(5) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be made in that court. Otherwise, a motion under this section may be made in any court as provided in s. 682.19.
(6) If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.
(7) If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.
History.—s. 2, ch. 57-402; s. 12, ch. 67-254; s. 8, ch. 2013-232.
Note.—Former s. 57.12.
Notes of Decisions
Cited in 189
cases (18 in the last 5 years), 1969–2026 · leading case: Roberto Basulto v. Hialeah Automotive, etc.
Roberto Basulto v. Hialeah Automotive, etc. (2014)
“2006) (“On appeal, ‘[t]he findings of a trial court are presumptively correct and must § 682.03, Fla. Stat. (2013). - 16 - stand unless clearly erroneous.”
US Fidelity & Guar. Co. v. Romay (1999)
“Marti submitted nothing until the day the trial judge granted his motion to compel appraisal; he then filed a sworn proof of loss. After receiving USF & G's response, the insureds all filed petitions to compel appraisal.”
Merrill Lynch Pierce Fenner & Smith, Inc. v. Melamed (1982)
“[4] Because state and federal arbitration procedures are virtually identical, compare § 682.03(1), Fla. Stat. (1981) with 9 U.S.”
O'Keefe Architects v. Ced Const. Partners (2006)
“" § 682.03(1), Fla. Stat. (2005). In ruling on a motion to compel arbitration of a dispute, the court must consider three issues: "(1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration was…”
Brandon, Jones, Sandall, Zeide, Kohn, Chalal & Musso, P.A. v. MedPartners, Inc. (2001)
“However, this section is "similar to section 2 of the Uniform Arbitration Act,” see Fla.Stat.Ann. § 682.03 (comment), which in turn is patterned on the Federal Act.”
Zac Smith & Co. v. MOONSPINNER CONDO. ASSOCIATION, INC. (1985)
“, and Lumbermens Mutual Casualty Company's, motion to stay and compel arbitration, pursuant to Section 682.03, Florida Statutes (1983), of the matters contained in the complaint of respondent, Moonspinner Condominium Association, Inc.”
Ronbeck Const. Co., Inc. v. Savanna Club Corp. (1992)
“Section 682.03, Florida Statutes (1989), contains several provisions establishing the separable nature of arbitration agreements.”
Raymond James Financial Services, Inc. v. Phillips (2013)
“” § 682.03(4), Fla. Stat. (2005) (emphasis added); see also § 682.”
Vic Potamkin Chevrolet, Inc. v. Bloom (1980)
“010 provides that these rules "shall take effect at 12:01 a.m. on March 1, 1978." [2] Prior to a court directing the parties to proceed with arbitration the court must be "satisfied that no substantial issue exists as to the making of the agreement or provision .”
North American Van Lines v. Collyer (1993)
“Section 682.03, Florida Statutes, provides in relevant part: A party to an agreement or provision for arbitration subject to this law claiming the neglect or refusal of another party thereto to comply therewith may make application to the court for an order directing the parties…”
Linden v. Auto Trend, Inc. (2006)
“Section 682.03(1), Florida Statutes (2005), governs proceedings to compel arbitration.”
Ibis Lakes Homeowners Ass'n v. Ibis Isle Homeowners Ass'n (2012)
“‘Where there is a dispute between the parties to a contract concerning the propriety of arbitration, the proper remedy is for a party to apply to the court for an order compelling or staying arbitration pursuant to section 682.03, Florida Statutes (1999).” Hospitality Ventures…”
— 682.03(1) — 57 cases
Roberto Basulto v. Hialeah Automotive, etc. (2014)
“2006) (“On appeal, ‘[t]he findings of a trial court are presumptively correct and must § 682.03, Fla. Stat. (2013). - 16 - stand unless clearly erroneous.”
Merrill Lynch Pierce Fenner & Smith, Inc. v. Melamed (1982)
“[4] Because state and federal arbitration procedures are virtually identical, compare § 682.03(1), Fla. Stat. (1981) with 9 U.S.”
O'Keefe Architects v. Ced Const. Partners (2006)
“" § 682.03(1), Fla. Stat. (2005). In ruling on a motion to compel arbitration of a dispute, the court must consider three issues: "(1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration was…”
Vic Potamkin Chevrolet, Inc. v. Bloom (1980)
“010 provides that these rules "shall take effect at 12:01 a.m. on March 1, 1978." [2] Prior to a court directing the parties to proceed with arbitration the court must be "satisfied that no substantial issue exists as to the making of the agreement or provision .”
Linden v. Auto Trend, Inc. (2006)
“Section 682.03(1), Florida Statutes (2005), governs proceedings to compel arbitration.”
— 682.03(1)(a) — 2 cases
Brickell Motors v. Torres (2018)
— 682.03(1)(b) — 8 cases
— 682.03(2) — 3 cases
McDaniel v. Berhalter (1981)
— 682.03(3) — 24 cases
Rittman v. Allstate Ins. Co. (1999)
— 682.03(4) — 26 cases
Raymond James Financial Services, Inc. v. Phillips (2013)
“” § 682.03(4), Fla. Stat. (2005) (emphasis added); see also § 682.”
Ronbeck Const. Co., Inc. v. Savanna Club Corp. (1992)
“Section 682.03, Florida Statutes (1989), contains several provisions establishing the separable nature of arbitration agreements.”
— 682.03(5) — 3 cases
— 682.03(6) — 3 cases
— 682.03(7) — 8 cases
— 682.03(a) — 1 case
— 682.03(l)(b) — 5 cases
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