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-45.043 - Final Orders; Appeals; Stays

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Unless waived, a final order shall be entered within 45 days after the hearing,
				receipt by the arbitrator of the hearing transcript if one is timely filed, or
				receipt of any post-hearing memoranda, whichever is applicable. The final order
				shall be in writing and shall include a statement of any award or remedy.
				Failure to render a decision within such time period shall not invalidate the
				decision.
(2) The final order shall
				be mailed to the parties, if unrepresented, or to their counsel or other
				qualified representative of record by regular U.S. mail. The final order shall
				include a certificate of service which shall show the date of mailing of the
				final order to the parties. The date of mailing of the final order shall be the
				date used to calculate the deadline for appeal by trial de novo.
(3) The final order shall include notice of
				the right to initiate judicial proceedings under Section
				718.1255 or
				719.1255, F.S.
(4) The decision shall be final and binding
				upon the parties, unless judicial proceedings are initiated pursuant to Section
				718.1255 or
				719.1255, F.S.
(5) The arbitrator in the final order may
				grant mandatory or prohibitory relief, monetary damages, declaratory relief, or
				any other remedy or relief which is deemed just and equitable. However, no
				final order may include the imposition of a civil penalty pursuant to Section
				718.501 or
				719.501, F.S.
(6) In reaching a decision, the arbitrator
				may take official notice of and find as true without proof, any fact which may
				be judicially noticed by the courts of this state, including any arbitration
				final order or any final order of the division involving a similar or related
				issue.
(7) A final order of the
				arbitrator does not constitute final agency action and therefore is not
				appealable to the district courts of appeal as otherwise provided by Section
				120.68, F.S., and Rule 9.110,
				Florida Rules of Appellate Procedure. Appeals, if taken, shall be by trial de
				novo as described in subsection (4) above.
(8) The arbitrator, the division, and the
				Department of Business and Professional Regulation are not necessary parties in
				judicial proceedings relating to the arbitration, including appeals by trial de
				novo and actions seeking enforcement of final orders.
(9) A final or nonfinal order is effective
				upon its issuance unless a stay has been issued. A party who appeals from an
				order seeking to stay a final or nonfinal order may, within 30 days of issuance
				of a final or nonfinal order from which an appeal is sought, file a motion to
				stay with the arbitrator who shall have continuing jurisdiction to grant,
				modify, or deny such request for relief.
Specific Authority
					 718.1255,
					 719.1255 FS. Law Implemented
					 718.1255,
					 719.1255
					 FS.
New 4-1-92, Amended 2-2-93, Formerly 7D-45.043, Amended
					 9-21-94, 12-20-95, 6-19-96, 12-10-96,
					 7-4-04.