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-50.108 - Who May Appear; Criteria for Other Qualified Representatives

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person who appears before an
				arbitrator has the right, at that person's own expense, to be accompanied,
				represented and advised by a member of the Florida Bar or by a qualified
				representative who is not a member of the Florida Bar, but who shall
				demonstrate his or her familiarity with and understanding of the arbitration
				rules of procedure, and with any relevant portions of Chapter 718, 719 or 723,
				F.S., and the rules promulgated by the Division.
(2) If a person wishes to be represented by a
				qualified non-attorney representative, the arbitrator shall make diligent
				inquiry of the prospective representative during a non-adversarial proceeding,
				under oath, to assure that the prospective representative is qualified to
				appear in the arbitration proceedings and is capable of representing the rights
				and interests of the person. In lieu of the above, the arbitrator may consider
				the prospective representative's sworn affidavit setting forth the
				representative's qualifications.
(3) If the arbitrator is satisfied that the
				prospective non-attorney representative has the necessary qualifications to
				render competent and responsible representation of the unit owner's or member's
				interest in a manner that will not impair the fairness of the proceedings or
				the correctness of the action to be taken, the arbitrator shall authorize the
				prospective non-attorney representative to appear in the pending
				arbitration.
(4) The arbitrator
				shall make a determination of the qualifications of the prospective
				non-attorney representative in light of the nature, scope and extent of the
				proceedings, the proposed representation, the applicable federal and state
				laws, rules and regulations, and the factual and legal issues to be presented
				during the arbitration proceeding. (The prospective non-attorney representative
				shall not, however, be required to disclose facts and legal theories to the
				prejudice of his client.) In determining the qualifications of a prospective
				non-attorney representative, the arbitrator shall consider the following
				criteria to the extent they are relevant, material, and applicable to the
				proceeding:
(a) The prospective
				representative's knowledge of jurisdiction and supportive legal authority to
				file the initial petition;
(b) The
				knowledge or experience of the prospective representative regarding Chapter
				61B-50, F.A.C., The Rules of Procedure Governing Recall Arbitration, Section
				718.112(2)(j),
				719.106(1)(f)
				or 723.078(2)(i),
				F.S., and the scope and remedies of the arbitration process;
(c) The knowledge or experience of the
				prospective representative regarding the application and interpretation of the
				Florida Rules of Civil Procedure as they relate to discovery in an arbitration
				proceeding;
(d) The knowledge or
				experience of the prospective representative regarding the rules of evidence,
				including the concept of hearsay and its use in an arbitration
				proceeding;
(e) The knowledge or
				experience of the prospective representative regarding the statutes of rules
				which may be at issue;
(f) The
				educational background, training or work experience of the prospective
				representative relevant to the subject matter involved in the
				proceeding;
(g) The relationship of
				the prospective representative to the person, and the need of the person to
				have a representative speak on the person's behalf; and
(h) Any other matters which are deemed
				relevant and material by the arbitrator.