reglab/statecodes huggingface dataset:
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.018 - Processing of Arbitration Petitions; Notification to Parties

Current through Reg. 50, No. 138; July 16, 2024
(1) If, upon receipt of a petition for
				arbitration, the filing fee required by Section
				718.1255, F.S., is not included,
				the division shall return the petition to the sender with an explanation for
				its return.
(2) After assignment of
				a petition for arbitration, the arbitrator shall make a preliminary
				determination on whether the controversy described in the petition falls within
				the jurisdiction of the division and whether the petition complies with Rule
				61B-45.017, F.A.C.
(3) If the controversy falls within the
				jurisdiction of the division and the petition complies with Rule
				61B-45.017, F.A.C., the
				arbitrator shall so notify the petitioner and shall proceed as set forth in
				subsection (5) below. The arbitrator shall reject a petition if it is
				determined to be outside the jurisdiction of the division.
(4) If the petition fails to comply with Rule
				61B-45.017, F.A.C., the
				arbitrator shall enter an order requiring petitioner to amend the petition to
				comply with Rule 61B-45.017, F.A.C. The
				arbitrator shall reject a petition for noncompliance with Rule
				61B-45.017, F.A.C.
(5) If the arbitrator preliminarily
				determines the dispute to fall within the jurisdiction of the division and
				determines that the petition complies with Rule
				61B-45.017, F.A.C., the
				arbitrator shall by United States certified mail or personal service provide
				the respondent with a copy of the petition and an order requiring respondent to
				file an answer.
(6) For petitions
				involving a plan of termination pursuant to Section
				718.117, F.S., after 90 days
				from the date the petition states that the challenged termination plan was
				recorded in the public records of the county in which the condominium is
				located, the arbitrator shall serve the respondent(s) with a copy of the
				petition and an order requiring respondent to file an
				answer.
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-45.018, Amended
					 9-21-94, 6-19-96, 2-17-98, 7-20-16.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.019 - Answer and Defenses

Current through Reg. 50, No. 138; July 16, 2024
(1) After a petition
				for arbitration is filed and assigned to an arbitrator, the respondent will be
				mailed a copy of the petition by the arbitrator, and will be given an
				opportunity to answer the petition. Unless a shorter time is ordered by the
				arbitrator in cases where the health, safety, or welfare of the resident(s) of
				a community is alleged to be endangered, a respondent shall file the answer
				with the arbitrator, and shall mail a copy to the petitioner, within 20 days
				after receipt of the petition. The answer shall include all defenses and
				objections, and shall be filed on DBPR form ARB96-003, ANSWER TO PETITION,
				incorporated in subsection
				61B-45.001(3),
				F.A.C. The answer shall not include a request for relief (counterclaim) against
				the petitioner. Any claim or request for relief must be filed as a new petition
				following the procedure provided in Rule
				61B-45.017, F.A.C.
(2) The service of any motion under these
				rules does not alter the period of time in which to file an answer, except that
				service of a motion in opposition to the petition postpones the time for filing
				of the answer until 20 days after the arbitrator's ruling on the motion. The
				following defenses shall be made by motion in opposition to the petition:
(a) Lack of jurisdiction over the subject
				matter,
(b) Lack of jurisdiction
				over the person,
(c) Insufficiency
				of process,
(d) Insufficiency of
				service of process,
(e) Failure to
				state a cause of action, and
(f)
				Failure to join indispensable parties.
A motion making any of these defenses shall be made before
				  the filing of the answer. The grounds on which any of the enumerated defenses
				  are based and the substantial matters of law intended to be argued shall be
				  stated specifically and with particularity in the responsive pleading or
				  motion. Any ground not stated in the motion shall be deemed to be waived except
				  any ground showing that the division lacks jurisdiction of the subject matter
				  may be made at any time.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.020 - Defaults and Final Orders on Default

Current through Reg. 50, No. 138; July 16, 2024
(1) When a party fails to file or serve any
				responsive document in the action or has failed to follow these rules or a
				lawful order of the arbitrator, the arbitrator shall enter a default against
				the party where the failure is deemed willful, intentional, or a result of
				neglect. No service need be made on parties against whom a default has been
				entered, except that pleadings asserting new or additional claims against them
				shall be served in the manner provided for service of the original petition for
				arbitration.
(2) Final Order. Final
				orders after default may be entered by the arbitrator at any time. The
				arbitrator shall receive affidavits as necessary to determine
				damages.
(3) Setting Aside Default.
				If a final order after default has been entered, the arbitrator may set it
				aside for reasons of excusable neglect, mistake, surprise, or inadvertence. A
				motion setting aside the final order after default must be made within a
				reasonable time not to exceed 1 year after the final order was
				entered.
Specific Authority
					 718.1255,
					 719.1255 FS. Law Implemented
					 718.1255,
					 719.1255
					 FS.
New 4-1-92, Amended 2-2-93, Formerly 7D-45.020, Amended
					 6-19-96, 12-10-96, 7-4-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.024 - Discovery

Current through Reg. 50, No. 138; July 16, 2024
(1) It is intended that the discovery process
				shall be used sparingly and only for the discovery of those things which are
				necessary for the proper disposition of the petition. Parties may obtain
				discovery only upon the prior approval of the arbitrator. A motion to conduct
				discovery shall describe with specificity the subject matter of the discovery
				and the method(s) by which discovery will be sought. The arbitrator may issue
				appropriate orders to effectuate the purposes of discovery and to prevent
				delay.
(2) Except as may be
				modified herein, parties may obtain discovery through the means and in the
				manner provided in Rules 1.280 through 1.390, Florida Rules of Civil Procedure.
				However, a unit owner desiring to obtain copies of official association records
				for use in the proceeding shall utilize the owner's right of access to the
				official records as provided by Section
				718.111(12),
				F.S., in lieu of formal discovery.
(3) A party may seek enforcement of an order
				directing discovery by filing a petition for enforcement in the circuit court
				of the judicial circuit in which the person failing to comply with the order
				resides.
Specific Authority
					 718.1255,
					 719.1255 FS. Law Implemented
					 718.1255,
					 719.1255
					 FS.
New 4-1-92, Amended 2-2-93, Formerly 7D-45.024, Amended
					 9-21-94, 6-19-96, 7-4-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.025 - Subpoenas and Witnesses; Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				subpoena requiring the attendance of witnesses or the production of documents,
				whether for purposes of discovery or for purposes of a final hearing, may be
				served by any person authorized by law to serve process or by any person who is
				not a party and who is of majority age, as provided in Rule 1.410., Florida
				Rules of Civil Procedure, (1996), or as that rule may subsequently be
				renumbered. Proof of such service shall be made by affidavit of the person
				making service if not served by an officer authorized by law to do
				so.
(2) All witnesses, other than
				public employees subpoenaed to appear in their official capacity, appearing
				pursuant to a subpoena shall be paid such fees and mileage for their attendance
				as set forth in Section
				92.142, F.S., (1996), or as that
				statute may subsequently be renumbered. In the case of a public employee, such
				expenses shall be processed and paid in the manner provided for agency employee
				travel expense reimbursement; and, in the case of a witness who is not a public
				employee, payment of such fees and expenses shall accompany the
				subpoena.
Specific Authority
					 718.1255,
					 719.1255 FS. Law Implemented
					 718.1255,
					 719.1255
					 FS.
New 4-1-92, Amended 2-2-93, Formerly 7D-45.025, Amended
					 6-19-96.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.030 - Summary Disposition; Simplified Arbitration Procedure; No Disputed Issues of Material Fact

Current through Reg. 50, No. 138; July 16, 2024
(1) Any dispute
				which does not involve a disputed issue of material fact as shown by the
				answer, prehearing stipulation, or otherwise, shall be arbitrated as provided
				in this rule.
(2) At any time after
				the filing of the petition and answer, if any, and if no disputed issues of
				material fact exist, the arbitrator shall summarily enter a final order denying
				relief pursuant to the petition if the arbitrator finds that no preliminary
				basis for relief has been demonstrated in the petition.
(3) At any time after the filing of the
				answer, and if no disputed issues of material fact exist, the arbitrator shall
				summarily enter a final order awarding relief if the arbitrator finds that no
				meritorious defense exists, and that the petition is otherwise appropriate for
				relief.
(4) No formal evidentiary
				hearing as described by Rule
				61B-45.039, F.A.C., shall be
				conducted for arbitrations determined pursuant to this rule. The arbitrator
				shall decide the dispute solely upon the pleadings and evidence filed by the
				parties.
Specific Authority
					 718.1255,
					 719.1255 FS. Law Implemented
					 718.1255,
					 719.1255
					 FS.
New 4-1-92, Amended 2-2-93, Formerly 7D-45.030, Amended
					 6-19-96.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.033 - Notice of Final Hearing; Scheduling; Venue; Continuances

Current through Reg. 50, No. 138; July 16, 2024
(1) The arbitrator shall set the time and
				place for all final hearings. The arbitrator shall serve written notice of the
				final hearing by regular mail on all parties of record.
(2) Whenever possible, hearings shall be held
				by telephone conference call or at the place most convenient to all parties and
				witnesses as determined by the arbitrator.
(3) In the arbitrator's discretion, a
				continuance of a hearing may be granted for good cause shown. Requests for
				continuance shall be made in writing. Except in cases of emergency, requests
				for continuance must be made at least 10 days prior to the date noticed for the
				final hearing.
Specific Authority
					 718.1255,
					 719.1255 FS. Law Implemented
					 718.1255,
					 719.1255
					 FS.
New 4-1-92, Amended 2-2-93, Formerly 7D-45.033, Amended
					 6-19-96, 7-4-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.035 - Withdrawal or Voluntary Dismissal of Petition; Settlement

Current through Reg. 50, No. 138; July 16, 2024
(1) A petitioner may withdraw or voluntarily
				dismiss the petition for arbitration at any time. Such withdrawal or dismissal
				shall be in writing directed to the arbitrator and shall be without prejudice
				to refiling. No withdrawal or voluntary dismissal of a petition shall operate
				as an automatic withdrawal or dismissal of any other claim or petition pending
				in that case.
(2) Withdrawal or
				voluntary dismissal of the petition for arbitration shall not constitute
				exhaustion of administrative remedies or otherwise relieve the petitioner of
				the requirement of arbitration prior to resort to the courts as provided by
				Section 718.1255(4)(a)
				or 719.1255, F.S.
(3) The petitioner may request that the
				arbitration be dismissed based on a settlement of the dispute. Except as
				otherwise provided by subsection
				61B-45.048(8),
				F.A.C., or by the terms of a settlement agreement, the settlement of a dispute
				shall not preclude the filing of a petition for costs and attorney's fees
				pursuant to Rule 61B-45.048, F.A.C.
(4) Where a party undertakes corrective
				action in the case which ends the dispute between the parties, such as removing
				an unapproved pet or tenant, that party shall immediately notify the arbitrator
				of the action taken.
Specific Authority
					 718.1255,
					 719.1255 FS. Law Implemented
					 718.1255,
					 719.1255
					 FS.
New 4-1-92, Amended 2-2-93, Formerly 7D-45.035, Amended
					 9-21-94, 6-19-96, 7-4-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.036 - Conduct of Proceedings by Arbitrator

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The failure or refusal of a petitioner to comply with any lawful order of the
				arbitrator or with a provision of these rules shall result in a dismissal of
				the petition or individual claims or imposition of costs and attorney's fees,
				or both, as appropriate, where such failure is deemed willful, intentional, or
				a result of neglect. The dismissal of any petition pursuant to this rule shall
				not be considered a decision on the merits of the petition.
(2) The failure or refusal of a respondent to
				comply with any lawful order of the arbitrator or with a provision of these
				rules shall result in the striking of the answer or individual defenses or
				imposition of costs and attorney's fees, or both, as appropriate.
(3) The arbitrator may without the agreement
				of the parties, conduct any proceeding permitted under these rules, including a
				motion hearing, by telephone conference.
(4) At any time after a petition has been
				filed, with the division for arbitration, the arbitrator may direct the parties
				to confer for the purpose of clarifying and simplifying issues, discussing the
				possibility of settlement, examining documents and other exhibits, exchanging
				names and addresses of witnesses, resolving other procedural matters, and
				entering into a prehearing stipulation.
Specific Authority
					 718.1255,
					 719.1255 FS. Law Implemented
					 718.1255,
					 719.1255
					 FS.
New 4-1-92, Formerly 7D-45.036, Amended 6-19-96,
					 2-17-98.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.0365 - Non-Final Orders

Current through Reg. 50, No. 138; July 16, 2024
(1) The presiding
				arbitrator before whom a case is pending may issue any orders necessary to
				effectuate discovery, to prevent delay, and to promote the just, speedy, and
				inexpensive determination of all aspects of the case.
(2) When a case is placed in abeyance or
				abated by a non-final order, no filing fee is necessary to reopen the case or
				otherwise proceed with the matter.
Rulemaking Authority
					 718.1255(4),
					 718.1255(4)(i)
					 FS. Law Implemented 718.1255(3)(c),
					 718.1255(4)(i)
					 FS.
New 9-22-14.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.037 - Stenographic Record and Transcript

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Any party wishing a stenographic record shall make such arrangements directly
				with the court reporter and shall notify the other parties of such arrangements
				in advance of the hearing. The requesting party or parties shall pay the cost
				of such record.
(2) Any party may
				have a stenographic record and transcript made of the final hearing at the
				party's own expense. The record transcript may be used in subsequent legal
				proceedings subject to the applicable rules of evidence.
Specific Authority
					 718.1255,
					 719.1255 FS. Law Implemented
					 718.1255,
					 719.1255
					 FS.
New 4-1-92, Amended 2-2-93, Formerly
					 7D-45.037.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.039 - Conduct of Formal Hearing; Evidence

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Hearings shall be open to the public. However, the arbitrator shall exclude any
				observer, witness or party who is disruptive to the conduct of the
				hearing.
(2) Each party shall have
				the right to present evidence, cross-examine the other party's witnesses, enter
				objections, and to rebut the evidence presented against the party.
(3) The arbitrator is authorized to
				administer oaths. Oral testimony shall be taken only upon oath or
				affirmation.
(4) Unless otherwise
				ordered by the arbitrator, the petitioner shall present its evidence and
				witnesses, then the respondent shall present its evidence and
				witnesses.
(5) Evidence.
(a) An arbitration proceeding is less formal
				than a court proceeding, and the formal rules of evidence applicable to court
				proceedings do not generally apply. Any relevant evidence shall be admitted if
				it is the kind of evidence on which reasonable, prudent persons rely in the
				conduct of their affairs. Reliable, relevant evidence may be presented by the
				parties. Facts are to be proved through the testimony of witnesses under oath
				at the final hearing and through documents admitted into evidence at the
				request of a party. Hearsay evidence (i.e., statements not made at the final
				hearing under oath) may be used to supplement or explain other evidence, but
				shall not be sufficient in itself to support a finding, unless the hearsay
				evidence would be admissible over objection in a civil action. The rules of
				privilege shall be effective to the same extent that they are recognized in
				civil actions. Irrelevant and unduly repetitious evidence shall be
				excluded.
(b) All exhibits shall be
				identified as petitioner's exhibits, respondent's exhibits, or as joint
				exhibits and shall be so marked in the order received and made a part of the
				record.
(c) Documentary evidence
				may be received in the form of a photocopy.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.044 - Motions for Rehearing

Current through Reg. 50, No. 138; July 16, 2024
(1) A motion for
				rehearing may be filed within 15 days after the date of entry of the final
				order. The motion shall state with particularity the points of law or fact that
				the arbitrator has overlooked or misapprehended and shall not reargue the
				merits of the final order. Any response to the motion must be filed within 10
				days of service of the motion.
(2)
				The arbitrator shall not modify the substance of the final order except upon a
				showing that the decision is based on a clear error of law or fact. A motion
				that is timely filed pursuant to this rule shall suspend the operation of the
				final order, and the time for filing a complaint for trial de novo, a motion
				seeking to recover prevailing party costs and attorney's fees, or a petition
				for enforcement under Sections
				718.1255 and
				719.1255, F.S., shall not
				commence until the arbitrator either denies the motion or enters an amended
				final order. An untimely filed motion for rehearing does not toll or otherwise
				stop the time provided for the filing of a motion for prevailing party costs
				and attorney's fees or the time provided for the filing of a petition for trial
				de novo in the courts.
Specific Authority
					 718.1255,
					 719.1255 FS. Law Implemented
					 718.1255,
					 719.1255
					 FS.
New 4-1-92, Amended 2-2-93, Formerly 7D-45.044, Amended
					 9-21-94, 6-19-96, 7-4-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.048 - Claim for Costs and Attorney's Fees

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Any party seeking an award of costs and attorney's fees must request the award
				in writing prior to the rendition of the final order.
(2) A prevailing party seeking an award of
				costs and attorney's fees shall file a motion seeking the award not later than
				45 days after rendition of the final order, except that if an appeal by trial
				de novo has been timely filed in the courts, a motion seeking prevailing party
				costs and attorney's fees must be filed within 45 days following the conclusion
				of that appeal and any subsequent appeal. The motion is considered "filed" when
				it is received by the division. The motion shall:
(a) State the basis for the petition and the
				total attorney's fees and costs that are claimed;
(b) Specify the hourly rate
				claimed;
(c) Include an affidavit
				by the attorney who performed the work that:
1. States the number of years in which the
				attorney has been practicing law,
2. Indicates each activity for which
				compensation is sought, and
3.
				States the time spent on each activity.
In a case involving multiple issues which are separate and
				  distinct from each other, the affidavit shall identify the specific issue for
				  which each activity was performed.
(d) If an award of costs is sought, attach
				receipts or other documents that provide evidence of the costs claimed. The
				arbitrators shall follow Florida case law and the Statewide Uniform Guidelines
				for Taxation of Costs in Civil Actions in awarding costs. The cost of personal
				service by an authorized process server is only a recoverable cost if such
				personal service is either authorized or required by the arbitrator. The cost
				of attending a hearing by a court reporter is a recoverable cost; the cost of
				preparing a transcript of the hearing is only a recoverable cost if the
				transcript, or a portion thereof, is filed with the arbitrator prior to
				rendition of the final order.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-50 - THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION › Section 61B-50.101 - Scope, Organization, Procedure, and Title

Current through Reg. 50, No. 138; July 16, 2024
(1) This chapter shall be entitled "The Rules
				of Procedure Governing Recall Arbitration" and shall govern the arbitration of
				a recall of one or more members of a board of administration of a condominium,
				cooperative, or mobile home homeowners' association. These rules shall be
				construed to secure the just, speedy and inexpensive determination of every
				proceeding. Specifically, this chapter applies to all proceedings held pursuant
				to Section 718.112(2)(j),
				719.106(1)(f)
				or 723.078(2)(i),
				F.S. The provisions of Chapter 682, F.S., and Chapter 61B-45, F.A.C., do not
				apply.
(2) All petitions and other
				papers filed with the division for recall arbitration pursuant to Sections
				718.112(2)(j),
				719.106(1)(f)
				and 723.078(2)(i),
				F.S., and these rules, shall be filed at the official headquarters of the
				Department of Business and Professional Regulation, Division of Florida
				Condominiums, Timeshares, and Mobile Homes, Attention: Arbitration Division,
				2601 Blair Stone Road, Tallahassee, Florida 32399-1030.
Rulemaking Authority
					 718.501(1)(f),
					 719.501(1)(f),
					 723.1255 FS. Law Implemented
					 718.112(2)(j),
					 718.1255,
					 719.106(1)(f),
					 719.1255,
					 723.078(2)(i)
					 FS.
New 7-1-82, Formerly 7D-50.01, Amended 7-27-88, Formerly
					 7D-50.001, Amended 1-17-93, Formerly 7D-50.101, Amended 1-19-97, 6-24-04,
					 3-2-16.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-50 - THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION › Section 61B-50.105 - Initiation of Recall Arbitration

Current through Reg. 50, No. 138; July 16, 2024
(1)
				When one or more members of a board of administration of a condominium,
				cooperative, or mobile homeowners' association have been recalled, the board of
				administration may initiate a recall arbitration by filing a petition for
				recall arbitration with the division, as follows:
(a) Recall at a Unit Owner or Member Meeting.
				Where the unit owners or members attempt to recall one or more members of a
				board at a unit owner or member meeting, and the board does not certify the
				recall, the board shall file a petition for arbitration with the division
				within five full business days after adjournment of the board meeting at which
				the board determined not to certify the recall.
(b) Recall by Written Agreement. Where the
				unit owners or members attempt to recall one or more members of a board by
				written agreement of a majority of the voting interests, and the board does not
				certify the written agreement to recall, the board shall file a petition for
				arbitration with the division within five full business days after adjournment
				of the board meeting at which the board determined not to certify the written
				agreement to recall.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-50 - THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION › Section 61B-50.106 - Computation of Time

Current through Reg. 50, No. 138; July 16, 2024
(1) In computing
				the five full business days prescribed by Sections
				718.112(2)(j),
				719.106(1)(f)
				and 723.078(2)(i),
				F.S., and these rules, the day of the act from which the period of time begins
				to run shall not be included. The last day of the period shall be included
				unless it is a Saturday, Sunday or legal holiday as prescribed by Section
				110.117, F.S., in which event
				the period shall run until the end of the next business day.
(2) Additional Time After Service By Mail.
				Unless otherwise ordered by the arbitrator, during the pendency of a case, when
				a party is required or permitted by these rules or by order of the arbitrator
				to do an act within a prescribed period after the service of a paper upon that
				party and the paper is served by regular United States mail, five days shall be
				added to the prescribed period. This provision does not apply to the filing of
				the petition for recall arbitration. No additional time shall be added to the
				prescribed period if service is made by hand, facsimile transmission, or other
				electronic transmission.
Rulemaking Authority
					 718.501(1)(f),
					 719.501(1)(f),
					 723.1255 FS. Law Implemented
					 718.112(2)(j),
					 719.106(1)(f),
					 723.078(2)(i)
					 FS.
New 7-1-82, Formerly 7D-50.02, 7D-50.002, Amended 1-17-93,
					 Formerly 7D-50.106, Amended 11-15-95, 6-24-04,
					 3-2-16.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-50 - THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION › Section 61B-50.107 - Parties

Current through Reg. 50, No. 138; July 16, 2024
(1) Parties in any proceeding conducted in
				accordance with Section
				718.112(2)(j),
				719.106(1)(f)
				or 723.078(2)(i),
				F.S., are petitioners or respondents.
(2) The petitioner shall be the board of
				administration of an association that files a petition for binding arbitration
				of a recall of one or more members of the board.
(3) The respondent shall be the group of
				members of an association who voted at a meeting, or who executed a written
				agreement, to recall one or more members of the board.
(4) All parties shall receive copies of all
				pleadings, motions, notices, orders, and other matters filed in arbitration
				proceedings in the manner provided by Rule
				61B-50.115,
				F.A.C.
Rulemaking Authority
					 718.501(1)(f),
					 719.501(1)(f),
					 723.1255 FS. Law Implemented
					 718.112(2)(j),
					 719.106(1)(f),
					 723.078(2)(i)
					 FS.
New 7-1-82, Formerly 7D-50.03, Amended 7-27-88, Formerly
					 7D-50.003, Amended 1-17-93, Formerly 7D-50.107, Amended 6-24-04,
					 3-2-16.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-50 - THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION › Section 61B-50.110 - Communication with an Arbitrator

Current through Reg. 50, No. 138; July 16, 2024
(1) While a
				case is pending, no party or other person directly or indirectly interested in
				an arbitration proceeding nor anyone authorized to act on behalf of a party or
				other interested person shall communicate verbally or in writing in the absence
				of all parties with an arbitrator or with the Department of Business and
				Professional Regulation concerning the merits of the arbitration proceeding,
				threaten an arbitrator, or offer an arbitrator any reward with respect to the
				conduct or outcome of a proceeding.
(2) An arbitrator who has received a
				communication prohibited by this rule, or who has received a threat or offer of
				reward by any person with respect to the conduct or outcome of a proceeding,
				shall place upon the record all written communications received, all written
				responses to such communications and a memorandum stating the substance of all
				oral communications received and all oral responses made, simultaneously
				serving all parties.
Specific Authority
					 718.501(1)(f),
					 719.501(1)(f)
					 FS. Law Implemented 718.112(2)(j),
					 718.1255,
					 719.106(1)(f),
					 719.1255
					 FS.
New 1-17-93, Formerly 7D-50.110, Amended 1-19-97,
					 6-24-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-50 - THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION › Section 61B-50.112 - Withdrawal of Petition

Current through Reg. 50, No. 138; July 16, 2024
(1) A petition for
				arbitration of a recall may be withdrawn at any time prior to the commencement
				of the scheduled final hearing. Such withdrawal shall be in writing and
				directed to the arbitrator. Withdrawal may be made by telephone, but must be
				subsequently confirmed in writing, or by an order certifying the recall entered
				by the arbitrator if the petitioner fails to file written notice.
(2) Withdrawal of a petition for arbitration
				of a recall shall be with prejudice. If the board withdraws the petition, the
				recall shall be deemed certified and the board members recalled. The board
				member or members recalled shall turn over all association records in his or
				their possession within five full business days after the withdrawal is filed
				(i.e., received by the division).
Specific Authority
					 718.501(1)(f),
					 719.501(1)(f)
					 FS. Law Implemented 718.112(2)(j),
					 718.1255,
					 719.106(1)(f),
					 718.1255,
					 719.1255
					 FS.
New 1-17-93, Formerly 7D-50.112, Amended 11-15-95,
					 6-24-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-50 - THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION › Section 61B-50.115 - Filing; Service of Papers; Signing

Current through Reg. 50, No. 138; July 16, 2024
(1) Filing. Unless specifically ordered,
				every pleading or other paper filed in the proceedings, including the initial
				petition, shall also be served on each party. A pleading or other paper is
				considered "filed" when it is received by the division.
(2) Method and Proof of Service.
(a) When service is to be made upon a party
				represented by an attorney or by a qualified representative, service shall be
				made upon the attorney or representative unless service upon the party is
				ordered by the arbitrator. Service shall be made by delivering or mailing, by
				United States mail postage prepaid, a copy of the document to the attorney,
				representative, or party at that person's last known address.
(b) When the unit owners or members have not
				designated a unit owner or member representative to represent their interest in
				a recall proceeding or when the unit owner or member representative cannot be
				ascertained, the arbitrator shall require that the association post a copy of
				the petition for recall arbitration and the order allowing answer on the
				condominium, cooperative, or mobile home park property in a conspicuous
				location as a means of notifying the unit owners or members of the recall
				arbitration.
(c) Certificate of
				Service. When any attorney, representative, or unrepresented party signs a
				certificate of service such as the following, the certificate of service shall
				be taken as evidence of service in compliance with these rules:
"I certify that a copy hereof has been furnished
to (here insert name or names and address or addresses) by
				  U.S. mail this ___ day of ___, 20__.
___________________
Signature"
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-50 - THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION › Section 61B-50.117 - Motions

Current through Reg. 50, No. 138; July 16, 2024
An application to the arbitrator for an order shall be made
				  by written motion, unless made during a hearing. The motion shall state in
				  detail the grounds for the relief requested and shall set forth the relief or
				  order sought. The arbitrator shall conduct such proceedings and render such
				  orders as are deemed necessary to dispose of issues raised by motion. Other
				  parties may, within 7 business days of service of a written motion, file a
				  written response in opposition to the motion.
Specific Authority
					 718.501(1)(f),
					 719.501(1)(f)
					 FS. Law Implemented 718.112(2)(j, )
					 718.1255,
					 719.106,
					 719.1255
					 FS.
New 7-1-82, Formerly 7D-50.12, 7D-50.012, Amended 1-17-93,
					 Formerly 7D-50.117, Amended 1-19-97,
					 6-24-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-50 - THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION › Section 61B-50.119 - Summary Disposition; Simplified Arbitration Procedure; No Disputed Issues of Material Fact

Current through Reg. 50, No. 138; July 16, 2024
(1) Any dispute
				which does not involve a disputed issue of material fact shall be arbitrated as
				hereinafter provided.
(2) At any
				time after the filing of the petition, if no disputed issues of material fact
				exist, the arbitrator shall summarily enter a final order denying relief and
				certifying the recall if the arbitrator finds that no preliminary basis for
				relief has been demonstrated in the petition.
(3) At any time after the filing of the
				petition, if no disputed issues of material fact exist, the arbitrator shall
				summarily enter a final order awarding relief and failing to certify the recall
				if the arbitrator finds that no meritorious defense exists or if substantial
				compliance with the requirements of the rules and statutes relating to recall
				has not been demonstrated, and the petition is otherwise appropriate for
				relief.
(4) No formal evidentiary
				hearing as described by Rule
				61B-50.131, Florida
				Administrative Code, shall be conducted for arbitrations determined pursuant to
				this rule. The arbitrator shall decide the dispute based solely upon the
				pleadings and evidence filed by the parties.
(5) Any party may move for summary final
				order whenever there are no disputed issues of material fact. The motion shall
				be accompanied by supporting affidavits if necessary. All other parties may,
				within 7 days of service of the motion, file a response in opposition, with or
				without supporting affidavits.
Specific Authority
					 718.501(1)(f),
					 719.501(1)(f)
					 FS. Law Implemented 718.112(2)(j),
					 718.1255,
					 719.106,
					 719.1255
					 FS.
New 1-17-93, Formerly 7D-50.119, Amended 2-13-97,
					 6-24-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-50 - THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION › Section 61B-50.124 - Discovery

Current through Reg. 50, No. 138; July 16, 2024
(1) The discovery process shall be used
				sparingly and only for the discovery of those things that are necessary for the
				proper disposition of the petition. Parties may obtain discovery only upon the
				prior approval of the arbitrator. A motion to conduct discovery shall describe
				with specificity the subject matter of the discovery and the method(s) by which
				discovery will be sought. The arbitrator may issue appropriate orders to
				effectuate the purposes of discovery and to prevent delay.
(2) Except as otherwise specified herein,
				parties may obtain discovery through the means and in the manner provided in
				Rules 1.280 through 1.390, Florida Rules of Civil Procedure. However, a unit
				owner or member desiring to obtain copies of official association records for
				use in the proceeding shall utilize the owner's right of access to the official
				records as provided by Sections
				718.111(12),
				719.104(2) and
				723.079(4),
				F.S., in lieu of formal discovery.
(3) A party may seek enforcement of an order
				directing discovery by filing a petition for enforcement in the circuit court
				of the judicial circuit in which the person failing to comply with the order
				resides.
(4) At any time after the
				filing of the petition for arbitration, the arbitrator may enter an order
				requiring the parties to submit supplemental information, evidence or
				affidavits in support of or refuting the reason(s) listed in the petition as
				grounds for failing to certify the recall.
Rulemaking Authority
					 718.501(1)(f),
					 719.501(1)(f),
					 723.1255 FS. Law Implemented
					 718.112(2)(j),
					 718.1255,
					 719.106(1)(f),
					 719.1255,
					 723.078(2)(i)
					 FS.
New 7-1-82, Formerly 7D-50.15, 7D-50.015, Amended 1-17-93,
					 Formerly 7D-50.124, Amended 1-19-97, 6-24-04,
					 3-2-16.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-50 - THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION › Section 61B-50.126 - Conduct of Proceeding by Arbitrator

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The failure or refusal of a respondent to comply with a provision of these
				rules or any lawful order of the arbitrator shall result in the striking of the
				answer including any defenses or pending claims where such failure is deemed
				willful, intentional, or a result of neglect.
(2) The failure or refusal of an association
				to comply with any lawful order of the arbitrator or with a provision of these
				rules shall result in a dismissal of the petition where such failure is deemed
				willful, intentional, or a result of neglect.
(3) In order to expedite the case, the
				arbitrator may, without the agreement of the parties, conduct any proceeding
				permitted under these rules, including a motion hearing or final hearing, by
				telephone or video conference.
(4)
				At any time after a petition has been filed with the division for arbitration,
				the arbitrator may direct the parties to confer for the purpose of clarifying
				and simplifying issues, discussing the possibility of settlement, examining
				documents and other exhibits, exchanging names and addresses of witnesses,
				resolving other procedural matters, and entering into a prehearing
				stipulation.
Specific Authority
					 718.501(1)(f),
					 719.501(1)(f)
					 FS. Law Implemented 718.112(2)(k),
					 (l),
					 718.1255,
					 719.106(1)(f)
					 FS.
New 1-17-93, Formerly 7D-50.126, Amended
					 1-19-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-50 - THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION › Section 61B-50.1265 - Non-Final Orders

Current through Reg. 50, No. 138; July 16, 2024
(1) The presiding
				arbitrator before whom a case is pending may issue any orders necessary to
				effectuate discovery, to prevent delay, and to promote the just, speedy, and
				inexpensive determination of all aspects of the case.
(2) When a case is placed in abeyance or
				abated by a non-final order, no filing fee is necessary to reopen the case or
				otherwise proceed with the matter.
Rulemaking Authority
					 718.1255(4) FS.
					 Law Implemented 718.1255(3)(c),
					 718.1255(4)
					 FS.
New 9-22-14.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-50 - THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION › Section 61B-50.127 - Subpoenas and Witnesses; Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				subpoena requiring the attendance of witnesses or the production of documents,
				whether for purposes of discovery or for purposes of a final hearing, may be
				served by any person authorized by law to serve process or by any person who is
				not a party and who is of majority age, as provided in Rule 1.410, Florida
				Rules of Civil Procedure, or as that rule may subsequently be renumbered. Proof
				of such service shall be made by affidavit of the person making service if not
				served by an officer authorized by law to do so.
(2) All witnesses, other than public
				employees subpoenaed to appear in their official capacity, appearing pursuant
				to a subpoena shall be paid such fees and mileage for their attendance as set
				forth in Section 92.142, Florida Statutes, or as
				that statute may subsequently be renumbered. In the case of a public employee,
				such expenses shall be processed and paid in the manner provided for agency
				employee travel expense reimbursement; and, in the case of a witness who is not
				a public employee, payment of such fees and expenses shall accompany the
				subpoena.
(3) Any party or any
				person upon whom a subpoena is served or to whom a subpoena is directed may
				file a motion to quash or for protective order.
(4) Subpoenas shall be issued from the
				arbitrator in blank except for the case style, the case number, the name,
				address and telephone number of the attorney or party requesting issuance of
				the subpoena and the signature of the arbitrator assigned. Subpoenas shall be
				completed and served by the party requesting issuance of the
				subpoenas.
Specific Authority
					 718.501(1)(f),
					 719.501(1)(f)
					 FS. Law Implemented 718.112(2)(j),
					 718.1255,
					 719.106(1)(f),
					 719.1255
					 FS.
New 7-1-82, Formerly 7D-50.19, 7D-50.019, Amended 1-17-93,
					 Formerly 7D-50.127, Amended 1-19-97,
					 6-24-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-50 - THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION › Section 61B-50.130 - Stenographic Record and Transcript

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Any party wishing to obtain a stenographic record shall make such arrangements
				directly with the court reporter for such services and shall notify the other
				parties of such arrangements in advance of the hearing. The requesting party or
				parties shall bear all the costs of obtaining such a record.
(2) Any party may have a stenographic record
				and transcript made of the final hearing at the party's own expense. The record
				transcript may be used in subsequent legal proceedings subject to the
				applicable rules of evidence.
Specific Authority
					 718.501(1)(f),
					 719.501(1)(f)
					 FS. Law Implemented 718.112(2)(j),
					 718.1255,
					 719.106,
					 719.1255
					 FS.
New 1-17-93, Formerly 7D-50.130, Amended 1-19-97,
					 6-24-04.