Florida Statute 682.6 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 682
ARBITRATION CODE

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F.S. 682.06

682.06 Hearing.—

(1) An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The arbitrator’s authority includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality, and weight of any evidence.

(2) An arbitrator may decide a request for summary disposition of a claim or particular issue:

(a) If all interested parties agree; or

(b) Upon request of one party to the arbitration proceeding, if that party gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond.

(3) If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than 5 days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party’s appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator’s own initiative, the arbitrator may adjourn the hearing from time to time as necessary, but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.

(4) At a hearing under subsection (3), a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.

(5) If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator must be appointed in accordance with s. 682.04 to continue the proceeding and to resolve the controversy.

History.—s. 5, ch. 57-402; s. 12, ch. 67-254; s. 725, ch. 97-102; s. 16, ch. 2013-232.

Note.—Former s. 57.15.

F.S. 682.06 on Google Scholar

F.S. 682.06 on CourtListener

Amendments to 682.06

Annotations, Discussions, Cases:

Cases Citing Statute 682.06

Total Results: 21

Allstate Ins. Co. v. Suarez

833 So. 2d 762, 2002 WL 31769266

Supreme Court of Florida | Filed: Dec 12, 2002 | Docket: 1675432

Cited 17 times | Published

not a formal arbitration hearing pursuant to section 682.06, Florida Statutes (1999), was intended and

Citizens Property Insurance v. Mango Hill 6 Condominium Ass'n

117 So. 3d 1226, 2013 WL 3455604, 2013 Fla. App. LEXIS 10974

District Court of Appeal of Florida | Filed: Jul 10, 2013 | Docket: 60232590

Cited 15 times | Published

such right is waived by agreement or conduct. § 682.06, Fla. Stat. (2012); Cassara, 55 So.2d at 106.

Von Enginerring Co. v. Rw Roberts Const.

457 So. 2d 1080

District Court of Appeal of Florida | Filed: Sep 13, 1984 | Docket: 2199670

Cited 12 times | Published

Tassinari v. Loyer, 189 So.2d 651 (Fla. 2d DCA 1966); § 682.06 Fla. Stat. (1983). However, this same principle

Affiliated Marketing, Inc. v. Dyco Chem. & Coatings, Inc.

340 So. 2d 1240

District Court of Appeal of Florida | Filed: Dec 17, 1976 | Docket: 1299621

Cited 10 times | Published

conducted the hearing, contrary to the provisions of § 682.06, as to prejudice substantially the rights of a

Zac Smith & Co. v. Moonspinner Condo. Ass'n, Inc.

534 So. 2d 739, 1988 WL 115379

District Court of Appeal of Florida | Filed: Nov 2, 1988 | Docket: 1707675

Cited 9 times | Published

provisions of section 682.06, as to prejudice substantially the rights of the party." Section 682.06(2) provides

Allstate Ins. Co. v. Suarez

786 So. 2d 645, 2001 WL 609205

District Court of Appeal of Florida | Filed: Jun 6, 2001 | Docket: 1681984

Cited 6 times | Published

cross-examine witnesses appearing at the hearing." See § 682.06, Fla. Stat. (1999). The neutral appraisal umpire

Dairyland Insurance Company v. Hudnall

279 So. 2d 905, 1973 Fla. App. LEXIS 8034

District Court of Appeal of Florida | Filed: Jun 26, 1973 | Docket: 1522187

Cited 6 times | Published

conducted the hearing, contrary to the provisions of § 682.06, as to prejudice substantially the rights of a

Carter v. State Farm Mutual Automobile Ins. Co.

224 So. 2d 802

District Court of Appeal of Florida | Filed: Jul 1, 1969 | Docket: 1248023

Cited 6 times | Published

the statute renders the award void ab initio. Section 682.06(3) provides: "The hearing shall be conducted

Delta Cas. Co. v. Pinnacle Medical, Inc.

721 So. 2d 321

District Court of Appeal of Florida | Filed: Oct 2, 1998 | Docket: 1323285

Cited 5 times | Published

provisions of section 682.06 and prejudiced the rights of a party is specifically listed. Section 682.06 provides

Finkelstein v. Smith

326 So. 2d 39

District Court of Appeal of Florida | Filed: Feb 3, 1976 | Docket: 1729170

Cited 4 times | Published

appointed as a neutral" [§ 682.13(1)(b), see also § 682.06(3), F.S. 1973], implies a similar expectation

Travelers Insurance Co. v. Luckett

279 So. 2d 885, 1973 Fla. App. LEXIS 8021

District Court of Appeal of Florida | Filed: Jun 19, 1973 | Docket: 1522165

Cited 4 times | Published

conducted the hearing, contrary to the provisions of § 682.06, as to prejudice substantially the rights of a

Talel Corp. v. Shimonovitch

84 So. 3d 1192, 2012 WL 1108437, 2012 Fla. App. LEXIS 5185

District Court of Appeal of Florida | Filed: Apr 4, 2012 | Docket: 60306621

Cited 2 times | Published

appoint a time and place for the hearing, *1194see § 682.06(l)(a), Fla. Stat. (2008), where “[t]he parties

State Farm Florida Insurance v. Gonzalez

76 So. 3d 34, 2011 Fla. App. LEXIS 19530, 2011 WL 6057875

District Court of Appeal of Florida | Filed: Dec 7, 2011 | Docket: 60304492

Cited 1 times | Published

not a formal arbitration hearing pursuant to section 682.06, Florida Statutes” of the Arbitration Code

Felger v. Mock

65 So. 3d 625, 2011 Fla. App. LEXIS 11572, 2011 WL 3055397

District Court of Appeal of Florida | Filed: Jul 26, 2011 | Docket: 60301757

Cited 1 times | Published

conducted the hearing contrary to the provisions of section 682.06 (regarding notice and entitlement to present

Regalado v. Cabezas

959 So. 2d 282, 2007 Fla. App. LEXIS 5312, 2007 WL 1062974

District Court of Appeal of Florida | Filed: Apr 11, 2007 | Docket: 64851251

Cited 1 times | Published

arbitrator conducted the hearing in contravention of section 682.06(2), Florida Statutes (2005), which requires

The Ferraro Law Firm, P.A., etc. v. Royal Merchant Holdings, LLC, etc.

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68848625

Published

and expeditious disposition of the proceeding,” § 682.06(1), Fla. Stat., we find that the trial court

Spungin v. Genspring Family Offices, LLC

883 F. Supp. 2d 1193, 2012 WL 3236506, 2012 U.S. Dist. LEXIS 113962

District Court, S.D. Florida | Filed: May 25, 2012 | Docket: 65984034

Published

capricious; and (4) the Florida Arbitration Code, F.S.A. § 682.06(2) requires that the parties be afforded a full

AFSCME Florida Council 79 v. State, Department of Corrections

23 So. 3d 748, 2009 Fla. App. LEXIS 16874, 2009 WL 3786537

District Court of Appeal of Florida | Filed: Nov 13, 2009 | Docket: 1657420

Published

arbitration proceedings, in purported violation of section 682.06(l)(a) Florida Statutes (2007), which requires

Commercial Interiors Corp. of Boca Raton v. Pinkerton & Laws, Inc.

19 So. 3d 1062, 2009 Fla. App. LEXIS 14718, 2009 WL 3149098

District Court of Appeal of Florida | Filed: Oct 2, 2009 | Docket: 60254560

Published

the hearing, contrary to the provisions of section 682.06, as to prejudice substantially the rights of

Hall v. Metropolitan Life Insurance Co.

454 So. 2d 711, 9 Fla. L. Weekly 1802, 1984 Fla. App. LEXIS 14499

District Court of Appeal of Florida | Filed: Aug 14, 1984 | Docket: 64606457

Published

amounting to a waiver _” Id. at 106. Moreover, Section 682.06, Florida Statutes, prescribing the arbitration

Yanakakis v. Pacre Corp. (In re Pacre Corp.)

21 B.R. 759, 1982 Bankr. LEXIS 3902

United States Bankruptcy Court, S.D. Florida. | Filed: Jun 17, 1982 | Docket: 65778214

Published

conducted the hearing, contrary to the provisions of § 682.06, as to prejudice substantially the rights of a