Florida Statutes

Fla. Stat. § 682.11 (2025)

Remedies; fees and expenses of arbitration proceeding.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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682.11 Remedies; fees and expenses of arbitration proceeding.—

(1) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.

(2) An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.

(3) As to all remedies other than those authorized by subsections (1) and (2), an arbitrator may order such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under s. 682.12 or for vacating an award under s. 682.13.

(4) An arbitrator’s expenses and fees, together with other expenses, must be paid as provided in the award.

(5) If an arbitrator awards punitive damages or other exemplary relief under subsection (1), the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief.

History.—s. 10, ch. 57-402; s. 12, ch. 67-254; s. 22, ch. 2013-232.

Note.—Former s. 57.20.

Notes of Decisions

Cited in 76 cases (3 in the last 5 years), 1969–2026 · leading case: Fewox v. McMerit Const. Co., 556 So. 2d 419 (Fla. 2d DCA 1989).

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Fewox v. McMerit Const. Co., 556 So. 2d 419 (Fla. 2d DCA 1989). · cites it 17× “*421 They cite section 682.11, Florida Statutes (1987), which states: Unless otherwise provided in the agreement or provision for arbitration, the arbitrator's and umpire's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of…”

Cassedy v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 751 So. 2d 143 (Fla. 1st DCA 2000). · cites it 21× “08 did not apply to arbitration and, as set forth in the brief to this court, "consistently took the position that the issue of attorney *146 fees was not properly before the arbitration panel and specifically cited to the arbitration panel § 682.11, Fla. Stat., which expressly…”

Turnberry Assocs. v. Serv. STATION, 651 So. 2d 1173 (Fla. 1995). · cites it 10× “*1175 § 682.11, Fla. Stat. (1993) (emphasis added).”

Orkin Exterminating Co., Inc. v. Petsch, 872 So. 2d 259 (Fla. 2d DCA 2004). · cites it 3× “The Florida Arbitration Code, § 682.11, Fla. Stat. (2001), states that "[u]nless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses and fees, together with other expenses, not including counsel's fees, incurred in the conduct…”

Charbonneau v. Morse Operations, Inc., 727 So. 2d 1017 (Fla. 4th DCA 1999). · cites it 8× “" See § 682.11, Fla. Stat. (1997). In Turnberry Associates v.”

DH Blair & Co., Inc. v. Johnson, 697 So. 2d 912 (Fla. 4th DCA 1997). · cites it 7× “1995), the supreme court held that an arbitrator has no authority to award attorney's fees absent an express *914 waiver of the limitation contained in section 682.11, Florida Statutes (1993). The court stated: As the Fourth District points out, "Under the current policy of…”

Ins. Co. of N. Am. v. ACOUSTI ENG. CO., 579 So. 2d 77 (Fla. 1991). · cites it 5× “[2] Section 682.11, Florida Statutes (1987), provides: Fees and expenses of arbitration.”

Pierce v. Jw Charles-bush Sec., 603 So. 2d 625 (Fla. 4th DCA 1992). · cites it 5× “02, Florida Statutes (1975), provides for the submission of any controversy to arbitration; but that broad grant of authority is subsequently limited by Section 682.11, wherein the arbitrators are expressly authorized (unless the agreement provides otherwise) to determine the…”

Martin Daytona v. Strickland Const. Serv., 941 So. 2d 1220 (Fla. 5th DCA 2006). · cites it 6× “[4] See § 682.11, Fla. Stat. (2005) ("Unless otherwise provided in the agreement or provision for arbitration, the arbitrators' and umpire's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as…”

Beach Resorts Intern. v. Clarmac Marine Const., 339 So. 2d 689 (Fla. 2d DCA 1976). · cites it 4× “§ 682.11, Fla. Stat. (1975). Nor can the request be construed as an application for vacating, modifying, or correcting the award as per §§ 682.”

Moser v. Barron Chase Sec., Inc., 783 So. 2d 231 (Fla. 2001). · cites it 2× “RELEVANT STATUTORY PROVISIONS Florida statutory and case law authorize and endorse the resolution of disputes through arbitration. However, there has been substantial confusion as to the procedure and appropriate forum for recovering attorney's fees incident to arbitration…”

A-1 Duran Roofing, Inc. v. Select Contracting, Inc., 865 So. 2d 601 (Fla. 3d DCA 2004). · cites it 4× “§ 682.11, Fla. Stat. (2000)(emphasis added).”

Show all 76 citing cases →

— 682.11(2) — 3 cases

Yechiel Baron v. L.P. Evans Motors Wpb, Inc., Etc. (Fla. 3d DCA 2022).

F.R. Aleman & Assocs., Inc. v. Eac Consulting, Inc. (Fla. 3d DCA 2023).

Material Handling Sys., Inc. v. United Granite Penna, LLC (Fla. 4th DCA 2026).

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