Fla. Admin. Code R. 61B-45.001

Current through Reg. 50, No. 222; November 13, 2024

Section 61B-45.001 - Scope, Organization, Forms, Purpose, and Title

(1) This chapter shall be entitled "The Mandatory Non-Binding Arbitration Rules of Procedure" and shall be construed to secure the just, speedy and inexpensive determination of every proceeding. Specifically, this chapter applies to all proceedings for mandatory non-binding arbitration held pursuant to Sections 718.1255, 719.1255, and 718.117, F.S. This chapter does not apply to recall arbitrations commenced pursuant to Section 718.112(2)(j) or 719.106(1)(f), F.S.; recall arbitrations shall be governed by Chapter 61B-50, F.A.C.

(2) All petitions and other papers filed with the division shall be filed at the official headquarters of the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030. Arbitration orders may be obtained by accessing our online database at http://www.myfloridalicense.com/dbpr/lsc/ARB/LSCMHArbitrationResearch.html.

(3) In order to file a petition for arbitration of a dispute involving a plan of termination pursuant to Section 718.117, F.S., a petitioner must use DBPR Form ARB 6000-013, MANDATORY NONBINDING PETITION FORM FOR A TERMINATION DISPUTE, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-06657 and effective 5-16.

(4) In order to file a petition for arbitration involving any dispute governed by this chapter, other than a dispute involving a plan of termination pursuant to Section 718.117, F.S., a petitioner must use DBPR Form ARB 6000-001, MANDATORY NON-BINDING PETITION FORM, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-06660 and effective 7-4-04.

(5) In order for someone who is not a member of the Florida Bar to represent a party in a proceeding, the person must file a completed DBPR Form ARB 6000-002, QUALIFIED REPRESENTATIVE APPLICATION, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-06661 and effective 7-4-04.

(6) An answer to a petition for arbitration must be filed using DBPR Form ARB 6000-003, ANSWER TO PETITION, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-06662 and effective 4-30-98.

(7) A request for an expedited determination of whether jurisdiction exists to hear a particular dispute shall be filed using DBPR Form ARB 6000-004, REQUEST FOR EXPEDITED DETERMINATION OF JURISDICTION, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-07170 and effective 7-4-04.

(8) Copies of the forms referenced in these rules may be obtained online at http://www.myfloridalicense.com/dbpr/lsc/ARB/LSCMHArbitrationEducation.html or by writing to: Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, Attention: Arbitration Section, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030.

Fla. Admin. Code Ann. R. 61B-45.001

Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.117(16), 718.1255, 719.1255 FS.

New 4-1-92, Amended 2-2-93, Formerly 7D-45.001, Amended 6-19-96, 12-10-96, 2-17-98, 7-4-04, Amended by Florida Register Volume 42, Number 130, July 6, 2016 effective 7/20/2016.

New 4-1-92, Amended 2-2-93, Formerly 7D-45.001, Amended 6-19-96, 12-10-96, 2-17-98, 7-4-04, 7-20-16.