Florida Administrative Code › 2 - DEPARTMENT OF LEGAL AFFAIRS › 2 - Departmental › Chapter 2-41 - RV MEDIATION AND ARBITRATION PROGRAM › Section 2-41.001 - RV Mediation and Arbitration Program; Qualification, Reporting, Disqualification, Manufacturer Conduct

Current through Reg. 50, No. 138; July 16, 2024
For the purpose of implementation and application of sections
				  681.1096 and
				  681.1097, F.S., the following
				  shall apply:
(1) An informal dispute
				resolution program seeking to become qualified under section
				681.1096, F.S., and if
				qualified, to retain such qualification, shall, at a minimum, provide or
				demonstrate to the department the following:
(a) At least one established office, located
				in the state of Florida, where a full-time program administrator and other
				support staff as may be necessary to carry out all program functions shall be
				situated, and the records of the program shall be maintained and be available
				to the department for review upon request.
(b) The program must be reachable by
				toll-free telephone number, and must provide a mailing address and facsimile
				number for the receipt of all claims and correspondence. The program may also
				offer a website and an email address as additional modes of
				communication.
(c) A copy of the
				proposed or executed contract between the program and sponsoring
				manufacturer(s) evidencing the means by which the program will be
				funded.
(d) The program shall
				develop and provide to the department for review all forms, publications,
				filing systems and databases it intends to utilize to carry out its eligibility
				screening, administrative/recordkeeping, mediation and arbitration functions
				under sections 681.1096 and
				681.1097, F.S. Program forms
				should be clear, understandable and designed to obtain or communicate all
				information necessary to a full and fair consideration of the
				dispute.
(e) The program shall
				publish its rules and procedures and shall provide such publication to
				consumers and manufacturers participating in the program each time a consumer
				claim is determined to be eligible. Such publication should be written in a
				manner that explains the program's procedures in plain language so as to assist
				all parties in understanding and following the procedures. The publication may
				be made available to the general public upon request, or may be posted on a
				program website.
(f) The program
				shall insure that the program administrator and staff have access to
				independent legal advice.
(g)
				Program employees and the independent legal advisor cannot be employed by or be
				a contractor for any manufacturer or its subsidiary, distributor, authorized
				service agent or trade association, except as provided by applicable
				statute.
(h) A list of all program
				mediators and arbitrators, including verification by the program that each
				meets the certification and training requirements of section
				681.1096, F.S., and the date
				each commenced service in the program. An updated list shall be provided by the
				program each time a mediator or arbitrator is discontinued from or added to the
				program.
(i) The program shall
				provide to all participating mediators and arbitrators copies of the following:
1. The rules and procedures of the
				program;
2. Chapter 681, F.S.
				(2005) and rules promulgated thereunder by the department, and as
				amended;
3. The Model Standards of
				Conduct for Mediators issued by the American Arbitration Association, the
				Dispute Resolution Section of the American Bar Association and the Association
				for Conflict Resolution, formerly known as the Society of Professionals in
				Dispute Resolution;
4. The Code of
				Ethics for Arbitrators in Commercial Disputes published by the American
				Arbitration Association and the American Bar Association in 1977 and as
				amended.
(j) The program
				shall supply the department with advance notice of the dates and locations of
				any scheduled trainings, along with a copy of the training program and
				materials and a list of all attending mediators and arbitrators.
(k) The program shall provide to the
				department its plan for monitoring the performance of the mediators and
				arbitrators as required by section
				681.1096(3)(j),
				F.S.
(l) The program shall maintain
				a record of locations throughout the state for the holding of mediation
				conferences and arbitration hearings in locations reasonably convenient for
				consumers. The program shall insure that the arbitration hearings are conducted
				in locations that are normally open and accessible to the public. Mediation
				conferences and arbitration hearings shall not be conducted at dealerships or
				other locations under the direct or indirect control of the manufacturers or
				their authorized service agents. A consumer shall not be required to travel
				more than 120 miles from a point of origin within this state to attend a
				mediation conference or an arbitration hearing. If the consumer is a resident
				of this state, the point of origin shall be the consumer's Florida residence.
				If the consumer is not a resident of this state, the point of origin shall be
				the city in Florida where the recreation vehicle was purchased.
(m) The program shall provide or demonstrate
				to the department its plan or procedure for complying with the document
				gathering and dissemination requirements set forth in section
				681.1096(3)(k),
				F.S.