Florida Statutes
Fla. Stat. § 682.06 (2025)
Hearing.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Note.—Former s. 57.15.
Notes of Decisions
Cited in 22
cases (1 in the last 5 years), 1969–2024 · leading case: Citizens Prop. Ins. v. Mango Hill 6 Condo. Ass'n, 117 So. 3d 1226 (Fla. 3d DCA 2013).
Citizens Prop. Ins. v. Mango Hill 6 Condo. Ass'n, 117 So. 3d 1226 (Fla. 3d DCA 2013). “§ 682.06, Fla. Stat. (2012); Cassara, 55 So.”
Spungin v. Genspring Fam. Offices, LLC, 883 F. Supp. 2d 1193 (S.D. Fla. 2012). “itioners provide four reasons why the Award must be vacated: (1) the Arbitrator exceeded his powers pursuant to section 10(a)(4) of the Federal Arbitration Act (“FAA”); (2) the Arbitrator refused to hear evidence pertinent and material to the controversy as required by section…”
Allstate Ins. Co. v. Suarez, 833 So. 2d 762 (Fla. 2002). “It is clear from a plain reading of the clause that an informal appraisal proceeding, not a formal arbitration hearing pursuant to section 682.06, Florida Statutes (1999), was intended and agreed upon by the parties in agreeing to the appraisal provisions of the policy.”
Allstate Ins. Co. v. Suarez, 786 So. 2d 645 (Fla. 3d DCA 2001). “" See § 682.06, Fla. Stat. (1999). The neutral appraisal umpire determined that the Florida Arbitration Code did not apply and that the hearing should be conducted informally.”
Talel Corp. v. Shimonovitch, 84 So. 3d 1192 (Fla. 4th DCA 2012). “(2008), where “[t]he parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing,” see § 682.06(2), Fla. Stat. (2008). Although an arbitrator need not follow all the niceties observed in court…”
Von Enginerring Co. v. Rw Roberts Const., 457 So. 2d 1080 (Fla. 5th DCA 1984). “2d DCA 1966); § 682.06 Fla. Stat. (1983). However, this same principle of due process applies in all judicial proceedings.”
Zac Smith & Co. v. Moonspinner Condo. Ass'n, Inc., 534 So. 2d 739 (Fla. 1st DCA 1988). “13(1)(d), Florida Statutes, provides that the court may vacate an arbitration award when the arbitrators "refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 682.06, as to prejudice substantially the…”
AFSCME Florida Council 79 v. State, Dep't of Corr., 23 So. 3d 748 (Fla. 1st DCA 2009). “On appeal, DMS argues similarly that the final arbitration award should not be confirmed because DMS/DSGI was not provided notice or an opportunity to participate in the arbitration proceedings, in purported violation of section 682.06(1)(a) Florida Statutes (2007), which…”
Delta Cas. Co. v. Pinnacle Med., Inc., 721 So. 2d 321 (Fla. 5th DCA 1998). “Although the fact that the award is not supported by substantial evidence is not specifically listed as an appropriate ground for vacating an award, the fact that the arbitrator conducted the hearing contrary to the provisions of section 682.06 and prejudiced the rights of a…”
Regalado v. Cabezas, 959 So. 2d 282 (Fla. 3d DCA 2007). “After reviewing the record, we find that the hearings were held in accordance with section 682.06 and the Defendants' rights were not substantially prejudiced.”
State Farm Florida Ins. v. Gonzalez, 76 So. 3d 34 (Fla. 3d DCA 2011). “2002) (holding that appraisal provision in homeowner’s policy, which is materially similar to appraisal clause in the instant ease, required an “informal appraisal proceeding, not a formal arbitration hearing pursuant to section 682.06, Florida Statutes” of the Arbitration Code,…”
Affiliated Mktg., Inc. v. Dyco Chem. & Coatings, Inc., 340 So. 2d 1240 (Fla. 2d DCA 1976). “rights of any party; (c) The arbitrators or the umpire in the course of his jurisdiction exceeded their powers; (d) The arbitrators or the umpire in the course of his jurisdiction refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear…”
— 682.06(1) — 1 case
The Ferraro Law Firm, P.A., etc. v. Royal Merch. Holdings, LLC, etc. (Fla. 3d DCA 2024).
— 682.06(1)(a) — 1 case
AFSCME Florida Council 79 v. State, Dep't of Corr., 23 So. 3d 748 (Fla. 1st DCA 2009). “On appeal, DMS argues similarly that the final arbitration award should not be confirmed because DMS/DSGI was not provided notice or an opportunity to participate in the arbitration proceedings, in purported violation of section 682.06(1)(a) Florida Statutes (2007), which…”
— 682.06(2) — 4 cases
Spungin v. Genspring Fam. Offices, LLC, 883 F. Supp. 2d 1193 (S.D. Fla. 2012). “itioners provide four reasons why the Award must be vacated: (1) the Arbitrator exceeded his powers pursuant to section 10(a)(4) of the Federal Arbitration Act (“FAA”); (2) the Arbitrator refused to hear evidence pertinent and material to the controversy as required by section…”
Talel Corp. v. Shimonovitch, 84 So. 3d 1192 (Fla. 4th DCA 2012). “(2008), where “[t]he parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing,” see § 682.06(2), Fla. Stat. (2008). Although an arbitrator need not follow all the niceties observed in court…”
Zac Smith & Co. v. Moonspinner Condo. Ass'n, Inc., 534 So. 2d 739 (Fla. 1st DCA 1988). “13(1)(d), Florida Statutes, provides that the court may vacate an arbitration award when the arbitrators "refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 682.06, as to prejudice substantially the…”
Regalado v. Cabezas, 959 So. 2d 282 (Fla. 3d DCA 2007). “After reviewing the record, we find that the hearings were held in accordance with section 682.06 and the Defendants' rights were not substantially prejudiced.”
— 682.06(3) — 2 cases
Carter v. State Farm Mut. Auto. Ins. Co., 224 So. 2d 802 (Fla. 1st DCA 1969).
Finkelstein v. Smith, 326 So. 2d 39 (Fla. 1st DCA 1976).
— 682.06(l)(a) — 2 cases
Talel Corp. v. Shimonovitch, 84 So. 3d 1192 (Fla. 4th DCA 2012). “(2008), where “[t]he parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing,” see § 682.06(2), Fla. Stat. (2008). Although an arbitrator need not follow all the niceties observed in court…”
AFSCME Florida Council 79 v. State, Dep't of Corr., 23 So. 3d 748 (Fla. 1st DCA 2009). “On appeal, DMS argues similarly that the final arbitration award should not be confirmed because DMS/DSGI was not provided notice or an opportunity to participate in the arbitration proceedings, in purported violation of section 682.06(1)(a) Florida Statutes (2007), which…”
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