Florida Statutes

Fla. Stat. § 682.04 (2025)

Appointment of arbitrators by court.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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682.04 Appointment of arbitrators by court.—

(1) If the parties to an agreement to arbitrate agree on a method for appointing arbitrators, this method must be followed, unless the method fails.

(2) The court, on motion of a party to an arbitration agreement, shall appoint one or more arbitrators, if:

(a) The parties have not agreed on a method;

(b) The agreed method fails;

(d) An arbitrator fails to act and a successor has not been appointed.

(3) An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate appointed pursuant to the agreed method.

(4) An individual who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party may not serve as an arbitrator required by an agreement to be neutral.

History.—s. 3, ch. 57-402; s. 12, ch. 67-254; s. 724, ch. 97-102; s. 12, ch. 2013-232.

Note.—Former s. 57.13.

Notes of Decisions

Cited in 20 cases, 1972–2018 · leading case: Spring Lake NC, LLC v. Figueroa, 104 So. 3d 1211 (Fla. 2d DCA 2012).

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Spring Lake NC, LLC v. Figueroa, 104 So. 3d 1211 (Fla. 2d DCA 2012). · cites it 5× “3d at 1087 ; see § 682.04, Fla. Stat. (2010); see generally S.”

Fonte v. AT&T Wireless Servs., Inc., 903 So. 2d 1019 (Fla. 4th DCA 2005). · cites it 2× “§ 682.04, Fla. Stat. (2001). We find the void provision prohibiting any award of attorney's fees can be severed without affecting the intent of the parties to arbitrate.”

BallenIsles Country Club, Inc. v. Dexter Realty, 24 So. 3d 649 (Fla. 4th DCA 2009). · cites it 4× “In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or if an arbitrator or umpire who has been appointed fails to act and his or her successor has not been duly appointed, the court, on application of a party to such agreement or provision…”

Voicestream Wireless v. US Commc'ns, 912 So. 2d 34 (Fla. 4th DCA 2005). · cites it 2× “(citing § 682.04, Fla. Stat. (2001)). Having found two provisions of the contract unenforceable and severable, this analysis continues to determine if absent these two provisions, the arbitration agreement included in the dealer agreement is enforceable.”

Lindsay Owens v. Katherine Lee Corrigan & Klc Law, P.A., 252 So. 3d 747 (Fla. 4th DCA 2018). · cites it 2× “2d DCA 2009) (citing § 682.04, Fla. Stat.); see also Betts v. FastFunding The Co.”

Premier Real Est. Holdings, LLC v. Butch, 24 So. 3d 708 (Fla. 4th DCA 2009). · cites it 2× “For example, section 682.04 provides: If an agreement or provision for arbitration subject to this law provides a method for the appointment of arbitrators or an umpire, this method shall be followed.”

Est. of Perez v. Life Care Centers of Am., Inc., 23 So. 3d 741 (Fla. 5th DCA 2009). · cites it 3× “Upon motion of either party, the trial court is authorized to appoint one or more arbitrators or an umpire as provided by section 682.04, Florida Statutes (2008). AFFIRMED.”

Florida Power Corp. v. City of Casselberry, 793 So. 2d 1174 (Fla. 5th DCA 2001). “Section 682.04 provides for appointment of arbitrator(s) as stated in the agreement and if no selection method is provided in the agreement, or the parties cannot agree on an arbitrator(s), then the court "shall appoint one or more arbitrators.”

New Port Richey Med. Investors, LLC v. Stern ex rel. Petscher, 14 So. 3d 1084 (Fla. 2d DCA 2009). · cites it 3× “Because section 682.04, Florida Statutes (2007), provides that the court shall appoint one or more arbitrators if the method for appointment of arbitrators agreed on in the parties’ agreement fails or for any reason cannot be followed, we hold that the arbitration agreement is…”

Crewe v. Rich Dad Educ., LLC, 884 F. Supp. 2d 60 (S.D.N.Y. 2012). “, Fla. Stat. § 682.04 (2012); N.Y. C.P.L.R.”

Air Conditioning Equip., Inc. v. Rogers, 551 So. 2d 554 (Fla. 4th DCA 1989). · cites it 2× “Rather, the court should have granted the request for the appointment of a successor arbitrator pursuant to section 682.04, Florida Statutes. Therefore the order confirming arbitration is reversed.”

Montalvo v. Travelers Indem. Co., 643 So. 2d 648 (Fla. 5th DCA 1994). · cites it 2× “[2] See § 682.04, Fla. Stat. (1991). [3] See §§ 682.”

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