Opinion
No. 3D22-0165.
11-10-2022
The DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI, Appellant, v. DOWNTOWN 56, LLC, Appellee.
PER CURIAM .
Affirmed. Airbnb, Inc. v. Doe, 336 So.3d 698, 705 (Fla. 2022) (explaining that "because Airbnb's Terms of Service incorporate by reference the AAA Rules that expressly delegate arbitrability determinations to an arbitrator, the agreement clearly and unmistakably evidences the parties' intent to empower an arbitrator, rather than a court, to resolve questions of arbitrability"); see also Seifert v. U.S. Home Corp., 750 So.2d 633, 636 (Fla. 1999) (recognizing three elements for courts to consider when ruling on a motion to compel arbitration: 1) whether a valid written agreement to arbitrate exists; 2) whether an arbitrable issue exists; and 3) whether the right to arbitration has been waived).