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-45.001 - Scope, Organization, Forms, Purpose, and Title

Current through Reg. 50, No. 138; July 16, 2024
(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.
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,
					 7-20-16.