768.737
Punitive damages; application in arbitration.
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768.737 Punitive damages; application in arbitration.—Where punitive damages are available as a remedy in an arbitration proceeding, ss. 768.72, 768.725, and 768.73 apply. When an award of punitive damages is made in an arbitration proceeding, the arbitrator who renders the award must issue a written opinion setting forth the conduct which gave rise to the award and how the arbitrator applied the standards in s. 768.72 to such conduct.
History.—s. 26, ch. 99-225.
Notes of Decisions
Cited in 3
cases, 2004–2011 · leading case: Martin Daytona v. Strickland Const. Serv.
Martin Daytona v. Strickland Const. Serv. (2006)
“Subsequent to the decision in Miele , the Legislature enacted section 768.737 Florida Statutes (1999), which provides that sections 768.”
Raymond James Financial Services, Inc. v. Phillips (2011)
“The Fifth District reasoned that the legislature’s 1999 enactment of section 768.737, subsequent to the Miele decision, made clear its intent that section 768.”
In Re the Arbitration Between Rollins, Inc. & Orkin Inc. (2004)
“The Panel does not mention those claims and instead cites to Florida Statutes § 768.737, which requires an arbitrator to provide her basis for the granting of punitive damages.”
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