Florida Statute 682.13 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 682
ARBITRATION CODE

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F.S. 682.13

682.13 Vacating an award.—

(1) Upon motion of a party to an arbitration proceeding, the court shall vacate an arbitration award if:

(a) The award was procured by corruption, fraud, or other undue means;

(b) There was:

1. Evident partiality by an arbitrator appointed as a neutral arbitrator;

2. Corruption by an arbitrator; or

3. Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;

(c) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to hear evidence material to the controversy, or otherwise conducted the hearing contrary to s. 682.06, so as to prejudice substantially the rights of a party to the arbitration proceeding;

(d) An arbitrator exceeded the arbitrator’s powers;

(e) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under s. 682.06(3) not later than the beginning of the arbitration hearing; or

(f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in s. 682.032 so as to prejudice substantially the rights of a party to the arbitration proceeding.

(2) A motion under this section must be filed within 90 days after the movant receives notice of the award pursuant to s. 682.09 or within 90 days after the movant receives notice of a modified or corrected award pursuant to s. 682.10, unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion must be made within 90 days after the ground is known or by the exercise of reasonable care would have been known by the movant.

(3) If the court vacates an award on a ground other than that set forth in paragraph (1)(e), it may order a rehearing. If the award is vacated on a ground stated in paragraph (1)(a) or paragraph (1)(b), the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in paragraph (1)(c), paragraph (1)(d), or paragraph (1)(f), the rehearing may be before the arbitrator who made the award or the arbitrator’s successor. The arbitrator must render the decision in the rehearing within the same time as that provided in s. 682.09(2) for an award.

(4) If a motion to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.

History.—s. 12, ch. 57-402; s. 12, ch. 67-254; s. 729, ch. 97-102; s. 24, ch. 2013-232.

Note.—Former s. 57.22.

F.S. 682.13 on Google Scholar

F.S. 682.13 on Casetext

Amendments to 682.13

Arrestable Offenses / Crimes under Fla. Stat. 682.13

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 682.13.

Annotations, Discussions, Cases:

Cases Citing Statute 682.13

Total Results: 20

Norman J. Martinez v. Ring-Central, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-08-07

Snippet: by corruption, fraud, or other undue means[.]” § 682.13(2), Fla. Stat. (2022). If one of these statutory

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

Court: District Court of Appeal of Florida | Date Filed: 2024-06-12

Snippet: of the party to the arbitration proceeding.” § 682.13(1)(b)3., Fla. Stat. “Although an arbitrator need

BOG TWELVE ZAHAV FL, LLC, ZAHAV FLORIDA, LLC v. WHITE HAWK ASSET MANAGEMENT, INC.

Court: District Court of Appeal of Florida | Date Filed: 2024-04-17

Snippet: modification, or correction of the award. See §§ 682.13, .14. However, as held by the Florida Supreme Court

The School Board of Broward County, Florida v. Gregory Smith

Court: District Court of Appeal of Florida | Date Filed: 2024-02-21

Snippet: the Board moved to vacate the award under section 682.13, Florida Statutes (2022), and argued the ordered

Michael Fisten v. Julie Brown

Court: District Court of Appeal of Florida | Date Filed: 2024-02-21

Snippet: 682.10 or s. 682.14 or is vacated pursuant to s. 682.13.” § 682.12, Fla. Stat. (2022). Barring allegations

F.R. ALEMAN & ASSOCIATES, INC. v. EAC CONSULTING, INC.

Court: District Court of Appeal of Florida | Date Filed: 2023-04-05

Snippet: the parties to the arbitration proceeding.”); § 682.13(1)(d), Fla. Stat. (2021) (“Upon motion of a party

DAVID C. METALONIS v. BOIES SCHILLER FLEXNER LLP

Court: District Court of Appeal of Florida | Date Filed: 2022-11-10

Snippet: arbitrator exceeded the arbitrator’s powers[.]” § 682.13(1)(d), Fla. Stat. (2022). Florida courts interpret

METRO DADE FIREFIGHTERS, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1403 v. MIAMI-DADE COUNTY

Court: District Court of Appeal of Florida | Date Filed: 2022-09-30

Snippet: and questions of law de novo. Id. Section 682.13(1), Florida Statutes, sets forth the only grounds

ANTHONY PERERA v. BOBBY GENOVESE

Court: District Court of Appeal of Florida | Date Filed: 2022-07-20

Snippet: arbitrator exceeded his powers. Because section 682.13, Florida Statutes (2019), requires a court upon

LYNNE A. LARKIN v. JAY GRUTMAN

Court: District Court of Appeal of Florida | Date Filed: 2021-02-10

Snippet: focuses on the Florida Arbitration Code, sections 682.13(1)(a)-(e), Florida Statutes (2020), but that authority

Amalgamated Transit Union, Local 1579 v. City of Gainesville

Court: District Court of Appeal of Florida | Date Filed: 2019-02-15

Citation: 264 So. 3d 375

Snippet: a party to the arbitration proceeding. § 682.13(1)(a)-(f), Fla. Stat. In the absence of one

CAROL F. JOHNSON v. HEARTLAND OF FORT MYERS, FL, LLC

Court: District Court of Appeal of Florida | Date Filed: 2018-11-07

Citation: 257 So. 3d 634

Snippet: however, would not be wholly unreviewable. See § 682.13, Fla. Stat. (2016) (setting forth grounds for vacating

NATIONAL MILLWORK, INC. v. ANF GROUP, INC. and LIBERTY MUTUAL INSURANCE COMPANY

Court: District Court of Appeal of Florida | Date Filed: 2018-09-26

Citation: 253 So. 3d 1261

Snippet: limited and specifically enumerated situations. § 682.13, Fla. Stat. Those situations include an arbitration

City of Miami v. Fraternal Order of Police Lodge 20

Court: District Court of Appeal of Florida | Date Filed: 2018-06-06

Citation: 248 So. 3d 273

Snippet: vacate in the circuit court pursuant to section 682.13(1)(d), Florida Statutes, claiming the Arbitrator

Lake City Fire & Rescue Association, etc. v. City of Lake City, Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-03-08

Citation: 240 So. 3d 128

Snippet: is limited to the grounds set forth in section 682.13(1), Florida Statutes. Schnurmacher Holding, Inc

Florida Capital Group, Inc. v. Bishop

Court: District Court of Appeal of Florida | Date Filed: 2018-02-28

Citation: 240 So. 3d 108

Snippet: 2 section 682.13, Florida Statutes, see § 682.12, Fla. Stat. (2016)

BOARDWALK PROPERTIES MNGMNT. INC. v. EMERALD CLINTON, LLC, etc. and EMERALD PALMS GP, LLC, etc.

Court: District Court of Appeal of Florida | Date Filed: 2017-10-18

Snippet: arbitration award can be vacated is governed by section 682.13(1)(d), Florida Statutes (2016), 1 which states

Managed Care Insurance Consultants, Inc. v. United Healthcare Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2017-10-04

Citation: 228 So. 3d 588, 2017 WL 4417735

Snippet: one of the statutory grounds listed in section 682.13(1), Florida Statutes (2015), must be present. One

MANAGED CARE INS. CONSULTANTS v. UNITED HEALTHCARE INS. CO.

Court: District Court of Appeal of Florida | Date Filed: 2017-07-19

Snippet: one of the statutory grounds listed in section 682.13(1), Florida Statutes (2015), must be present. One

Israel v. Costanzo

Court: District Court of Appeal of Florida | Date Filed: 2017-04-12

Citation: 216 So. 3d 644, 2017 WL 1363955, 2017 Fla. App. LEXIS 5063

Snippet: Noriega, 542 So.2d 1327, 1328 (Fla. 1989) (“Section 682.13(1) sets forth the only grounds upon which an award