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-77 - RESOLUTION GUIDELINES FOR COOPERATIVE DEVELOPERS › Section 61B-77.003 - Enforcement Resolution and Penalty Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) The division will seek compliance through
				an enforcement resolution for repeated minor violations, for the failure to
				correct or address a violation or provide unit owner redress as requested by
				the division, or for a major violation. If the division issues a notice to show
				cause, it will notify the developer of its right to a hearing under Chapter
				120, F.S. The guidelines in this rule chapter are based upon a single count
				violation of each provision listed. Multiple counts of the violated provision
				or a combination of the listed violations will be added together to determine
				an overall total penalty. Nothing in these rules shall limit the ability of the
				division to informally dispose of administrative actions or complaints by
				stipulation, settlement agreement, or consent order.
(2) General Provisions.
(a) Rule Not All-Inclusive. This rule chapter
				contains illustrative violations. It does not, and is not intended to,
				encompass all possible violations of statute or division rule that might be
				committed by a developer. The absence of any violation from this rule chapter
				shall in no way be construed to indicate that the violation does not cause
				substantial harm or is not subject to a penalty. In any instance where the
				violation is not listed in this rule chapter, the penalty will be determined by
				consideration of:
1. The closest analogous
				violation, if any, that is listed in this rule chapter; and
2. The mitigating or aggravating factors
				listed in this rule chapter.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-78 - ASSOCIATION FEE AND MAILING ADDRESS; COOPERATIVE RESOLUTION GUIDELINES FOR UNIT OWNER CONTROLLED ASSOCIATIONS › Section 61B-78.001 - Association Fee; Mailing Address; Retrofitting

Current through Reg. 50, No. 138; July 16, 2024
(1) The annual fee shall be paid as follows:
(a) The division shall provide to the
				association an annual fee statement. The failure to receive the annual fee
				statement shall not relieve the association of the obligation to pay the fee.
				Annual fees shall be paid online at
www.MyFloridaLicense.com
or by check or
				money order made payable to Division of Florida Condominiums, Timeshares, and
				Mobile Homes.
(b) If the documents
				are amended during the year to alter the number of units, the association shall
				pay the annual fee on the highest number of units during the
				year.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-78 - ASSOCIATION FEE AND MAILING ADDRESS; COOPERATIVE RESOLUTION GUIDELINES FOR UNIT OWNER CONTROLLED ASSOCIATIONS › Section 61B-78.002 - Definitions and Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions. For
				the purposes of this rule chapter, the following definitions shall apply:
(a) "Accepted complaint" means a complaint
				received by the division from someone with standing to file a complaint
				containing sufficient documentation and addressing a subject within the
				jurisdiction of the division, pursuant to Section
				719.501(1),
				F.S. A complaint that merely recites the statutes or is based on mere suspicion
				or speculation, without a plain statement of facts clearly describing what is
				alleged to have occurred, will not be accepted.
(b) "Affirmative or corrective action" means
				putting remedial procedures in place to ensure that the violation does not
				recur, making any injured person whole as to the harm suffered in relation to
				the violation, or taking any other appropriate measures to redress the harm
				caused.
(c) "Alleged repeated
				violation" means the same or substantially similar recurring conduct cited in
				an accepted complaint received by the division within two years from the
				resolution of a previous complaint, the issuance of a final arbitration order
				or court order, or the entering of a final order by the division regarding that
				conduct.
(d) "Association, " for
				purposes of these guidelines, shall have the same meaning as stated in Section
				719.103(2),
				F.S.
(e) "Bad check" means any
				worthless check, draft, or order of payment identified under Section
				68.065, F.S.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-78 - ASSOCIATION FEE AND MAILING ADDRESS; COOPERATIVE RESOLUTION GUIDELINES FOR UNIT OWNER CONTROLLED ASSOCIATIONS › Section 61B-78.004 - Enforcement Resolution and Civil Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) The division will seek compliance through
				an enforcement resolution for repeated minor or major violations, or for the
				failure to correct or address a violation or provide unit owner redress as
				requested by the division. If the division issues a notice to show cause, it
				will notify the association of its right to a hearing under Chapter 120, F.S.
				The guidelines in this rule section are based upon a single count violation of
				each provision listed. Multiple counts of the violated provision or a
				combination of the listed violations will be added together to determine an
				overall total penalty. Nothing in these rules shall limit the ability of the
				division to informally dispose of administrative actions or complaints by
				stipulation, settlement agreement, or consent order.
(2) General Provisions.
(a) Rule Not All-Inclusive. This rule section
				contains illustrative violations. It does not, and is not intended to,
				encompass all possible violations of statute or division rule that might be
				committed by an association. The absence of any violation from this rule
				section shall in no way be construed to indicate that the violation does not
				cause substantial harm or is not subject to a penalty. In any instance where
				the violation is not listed in this rule section, the penalty will be
				determined by consideration of:
1. The closest
				analogous violation, if any, that is listed in this rule section; and
2. The mitigating or aggravating factors
				listed in this rule section.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-79 - FILINGS › Section 61B-79.001 - Developer, Filing

Current through Reg. 50, No. 138; July 16, 2024
(1) In determining
				whether a developer has offered a contract for sale or lease pursuant to
				Section 719.502(2),
				F.S., it shall be relevant although not dispositive, whether and the extent to
				which the developer advertised, induced, solicited, or attempted to encourage
				any person to acquire an interest in a cooperative unit, either proposed or
				existing, if undertaken for gain or profit.
(2)
(a)
				Except in the case of a reservation program, a developer of a residential
				cooperative shall file with the division one copy of each document required by
				Sections 719.503 and
				719.504, F.S. The filing shall
				occur at the time the cooperative is created, or prior to any offering of a
				cooperative unit to the public, whichever occurs first. As to conversions from
				mobile home parks to cooperatives, the association must file with the division
				as provided in Section
				723.079(10),
				F.S.
(b) A developer shall file,
				prior to offering, either pursuant to a reservation agreement or contract for
				purchase, proof of the developer's ownership, contractual, or leasehold
				interest in the land upon which the cooperative is to be developed. For
				purposes of this rule, the division shall accept a signed written statement
				from the developer or the developer's attorney describing the developer's
				interest in the land upon which the cooperative is to be developed. The
				signature of the developer or the developer's attorney constitutes a
				certificate that they have read the statement and, to the best of their
				knowledge, information, and belief formed after reasonable inquiry, the
				statement accurately describes the developer's interest in the
				land.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-79 - FILINGS › Section 61B-79.002 - Procedure for Filing and Examination of Documents

Current through Reg. 50, No. 138; July 16, 2024
(1) Filing.
(a) Documents submitted to the division for
				filing shall be securely bound and fastened between firm covers. Documents
				which are too bulky for binding may be submitted with the filing
				unbound.
(b) Each filing shall
				contain in the forepart a Table of Contents which lists the documents in the
				filing, in the order in which they appear.
(c) Each document shall be tabbed and labeled
				on the right side. Each label shall identify the document by appropriate word,
				phrase or abbreviation.
(d) Each
				filing shall be submitted in an expandable file folder approximately 14 3/4''
				by 9 1/2'' in size. Filing Statements and the Filing Checklist referenced in
				this Rule shall be submitted with the documents and need not be submitted to
				purchasers.
(e) There shall be
				submitted with each filing a Filing Checklist which substantially conforms to
				DBPR Form CO 6000-33-029, FILING CHECKLIST, incorporated herein by reference
				and effective 1/98.
(f) A developer
				who contracts to sell a cooperative parcel when the construction, furnishing
				and landscaping of the cooperative property submitted to cooperative ownership
				have not been substantially completed or renovation of property converted to
				cooperative ownership has not been substantially completed in accordance with
				the plans, specifications or representations made by the developer, shall file
				with the division a copy of a fully executed escrow agreement for contract
				deposits pursuant to Section
				719.202, Florida Statutes. An
				escrow agreement is deemed to be fully executed by the inclusion of the dates
				of execution and the appropriate signatures. An escrow agreement is the
				agreement between the developer and the escrow agent establishing the escrow
				account.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-79 - FILINGS › Section 61B-79.003 - Filing and Examination of Amendments to Documents

Current through Reg. 50, No. 138; July 16, 2024
(1) "Amendment" means any change to
				documents, whether technical or substantive, regardless of the procedure by
				which the change is made.
(2)
(a) Every developer of a cooperative who
				holds a unit for sale in a cooperative shall submit to the division any
				amendments to documents or items on file with the division and deliver to the
				purchaser pursuant to Rule
				61B-79.004, Florida
				Administrative Code, all amendments prior to closing, but in no event, later
				than 10 days after the amendment.
(b) Upon filing an amendment to documents or
				items which have been accepted by the division, the developer shall pay to the
				division a filing fee of $100 per filing. A developer may include within each
				filing, multiple amendments relating to a single cooperative in which case a
				filing fee of only $100 shall be charged. However, there shall be no charge for
				filing a Certificate of Incorporation.
(c) Payment of fees shall be by check or
				money order made payable to Division of Florida Condominiums, Timeshares, and
				Mobile Homes.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-79 - FILINGS › Section 61B-79.005 - Plot and Floor Plans

Current through Reg. 50, No. 138; July 16, 2024
(1) Every plot plan
				shall be a legible, scaled drafted map and shall indicate the following:
(a) Name of the cooperative;
(b) Scale, date and north arrow;
(c) Ingress and egress;
(d) The use and approximate size, location,
				and height of all existing and/or proposed buildings and other
				structures;
(e) Common
				areas;
(f) Limited common
				areas;
(g) Easements;
(h) Parking areas;
(i) The party who prepared the
				map.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.103 - Filing for Election Dispute Arbitration

Current through Reg. 50, No. 138; July 16, 2024
(1) An election arbitration is commenced upon
				the filing of a petition for mandatory binding arbitration pursuant to Sections
				720.306 and
				720.311, F.S., and conforming to
				the requirements of this rule. The term "petition" as used in this rule
				includes any application or other document that expresses a request for
				arbitration of an election dispute. The petition shall comply with the
				provisions of this rule, and be printed, typewritten or otherwise duplicated in
				legible form on one side of the paper only with lines double-spaced. A party
				filing a petition for election arbitration shall utilize DBPR FORM HOA 6000-3,
				MANDATORY BINDING ARBITRATION FORM PETITION-ELECTION DISPUTE and shall include
				a $200 filing fee, incorporated in subsection
				61B-80.101(3),
				F.A.C.
(2) Election disputes
				include a controversy relating to the conduct of a regular, special, or runoff
				election; the qualification of candidates for the board; the filling of a
				vacancy caused by any reason other than the recall of one or more directors of
				the board; and other disputes regarding an association
				election.
Specific Authority 718.1255(4)(i), 718.112(2)(j)5.,
					 720.303(10)(d),
					 720.306(9),
					 720.311(1) FS.
					 Law Implemented 720.303(10),
					 720.306(9),
					 720.311(1)
					 FS.
New 2-3-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.104 - Expedited Procedure for Determination of Jurisdiction

Current through Reg. 50, No. 138; July 16, 2024
(1) Any party who is in doubt as to whether a
				controversy falls within the jurisdiction of the division may file with the
				division a request for expedited determination of jurisdiction by filing a
				completed DBPR FORM HOA 6000-7, REQUEST FOR EXPEDITED DETERMINATION OF
				JURISDICTION, incorporated in subsection
				61B-80.101(3),
				F.A.C. A request for expedited determination of jurisdiction shall be
				accompanied by a completed DBPR FORM HOA 6000-3, MANDATORY NON-BINDING
				ARBITRATION PETITION FORM, incorporated in subsection
				61B-80.101(3),
				F.A.C., which shall include the $200.00 filing fee provided by Section
				720.311, F.S.
(2) If the determination of jurisdiction is
				subject to reasonable dispute, within 10 days of the assignment of a request
				for relief pursuant to this rule, the arbitrator shall deliver by United States
				mail to all other persons involved with the dispute, a copy of the request for
				expedited determination of jurisdiction, and shall provide such persons an
				opportunity to serve a response on the issue of whether the dispute falls
				within the jurisdiction of the division.
Specific Authority 718.1255(4)(i), 718.112(2)(j)5.,
					 720.303(10)(d),
					 720.306(9),
					 720.311(1) FS.
					 Law Implemented 720.303(10),
					 720.306(9),
					 720.311(1)
					 FS.
New 2-3-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.105 - Computation of Time

Current through Reg. 50, No. 138; July 16, 2024
(1) Recall Time
				Calculation. In computing the five full business days prescribed by subsections
				720.303(10)(b)2., 720.303(10)(c)2., and
				720.303(10)(d),
				F.S., and these rules, in which the board is required to duly notice and hold a
				board meeting and file for recall arbitration with the division, the day that
				the board is served with notice of the recall and the day of the board meeting
				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. For example, if a
				recall petition is served on the board on June 1, 2004, a Tuesday, the board
				must duly notice and hold a board meeting to determine whether to contest the
				recall not later than Monday, June 7, 2004. Likewise, if the board meeting on
				whether to certify the recall is held on Monday, June 7, 2004, the board shall
				file its petition for recall arbitration not later than the close of business
				on Monday, June 14, 2004.
(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 an order or pleading upon that party,
				and the order or pleading is served by regular United States mail, five days
				shall be added to the prescribed period. No additional time shall be added to
				the prescribed period if service is made by hand, facsimile transmission, or
				other electronic transmission. This provision does not apply to the filing of
				the petition for recall arbitration which must be filed by the board within 5
				business days of the board meeting on whether to certify the recall. In
				addition, no additional time is added by operation of this rule for a motion
				for rehearing that must be filed (e.g., received) by the division within 15
				days of entry of a final order. No additional time is added by operation of
				this rule for the filing of a motion for costs and attorney's fees that must be
				filed (e.g., received) by the division within 30 days of entry of a final order
				or final order on motion for rehearing.
Specific Authority 718.1255(4)(i), 718.112(2)(j)5.,
					 720.303(10)(d),
					 720.306(9),
					 720.311(1) FS.
					 Law Implemented 720.303(10),
					 720.306(9),
					 720.311(1)
					 FS.
New 2-3-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.106 - Parties; Appearances; Substitution and Withdrawal of Counsel

Current through Reg. 50, No. 138; July 16, 2024
(1) Parties in any proceeding conducted in
				accordance with Section
				720.303,
				720.306, or
				720.311, F.S., are petitioners
				or respondents.
(2) The petitioner
				in a recall arbitration proceeding may be the association, where the board
				seeks to challenge a recall effort of the homeowners, or may be the homeowners
				voting in favor of recall where the association fails to timely file a petition
				for recall arbitration. Where the association through the board timely files
				for recall arbitration, the respondents shall be the group of homeowners who
				voted at a meeting, or who executed a written agreement, to recall one or more
				directors of the board. Every homeowner who voted in favor of recall and who
				did not revoke his or her vote prior to service on the board of the recall
				agreements shall be deemed to be a party in the recall arbitration proceeding.
				Where the homeowners voting in favor of recall file the petition for recall
				arbitration, the respondent shall be the association.
(3) Parties in an election dispute shall be
				involved homeowners and the association.
(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-80.108, F.A.C.
(5) An attorney or qualified representative
				who has filed a petition or has otherwise become the attorney or representative
				of record for a party to a proceeding shall be permitted to withdraw from
				representation only upon the filing of a suitable motion with the arbitrator,
				which motion shall provide a correct mailing address for the client. Only
				attorneys licensed to practice law in Florida shall be permitted to appear as
				counsel of record, except that an attorney licensed out of state may apply to
				the arbitrator for permission to appear in an individual
				proceeding.
Specific Authority 718.1255(4)(i), 718.112(2)(j)5.,
					 720.303(10)(d),
					 720.306(9),
					 720.311(1) FS.
					 Law Implemented 720.303(10),
					 720.306(9),
					 720.311(1)
					 FS.
New 2-3-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.108 - Communication with an Arbitrator

Current through Reg. 50, No. 138; July 16, 2024
(1) While a
				case is pending and within 15 days of entry of a final order, 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. No party or other interested person shall attempt to telephone or
				otherwise contact the arbitrator unless all parties are joined in the telephone
				call or otherwise included in the communication.
(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 718.1255(4)(i), 718.112(2)(j)5.,
					 720.303(10)(d),
					 720.306(9),
					 720.311(1) FS.
					 Law Implemented 720.303(10),
					 720.306(9),
					 720.311(1)
					 FS.
New 2-3-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.109 - Withdrawal or Dismissal of Petition; Settlement

Current through Reg. 50, No. 138; July 16, 2024
(1) A petitioner may withdraw or dismiss the
				petition in writing at any time prior to the entry of a final order. Such
				withdrawal or dismissal shall be without prejudice to re-filing the petition at
				a later date. Upon the filing of a dismissal or withdrawal, the arbitrator
				shall enter an order closing the case file. The filing of a dismissal or
				withdrawal shall not preclude an award of prevailing party costs and attorney's
				fees. Where a petitioner voluntarily dismisses the petition, such dismissal
				shall not relieve the petitioner of the requirement of mandatory binding
				arbitration for resolution of the dispute; the dispute shall not be filed in
				the courts but may be re-filed for binding arbitration at a later
				date.
(2) The petitioner or the
				parties may request dismissal of the case based on settlement of the dispute.
				The settlement of a dispute shall not preclude a later award of prevailing
				party costs and attorney's fees.
(3) Withdrawal of a petition for arbitration
				of a recall shall be with prejudice; that is, the recall petition can never be
				re-filed with reference to that recall effort. If the board withdraws the
				petition, unless otherwise provided in the final order, 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).
(4) Where a
				respondent undertakes corrective action that ends the dispute between the
				parties, the respondent shall immediately so notify the
				arbitrator.
Specific Authority 718.1255(4)(i), 718.112(2)(j)5.,
					 720.303(10)(d),
					 720.306(9),
					 720.311(1) FS.
					 Law Implemented 720.303(10),
					 720.306(9),
					 720.311(1)
					 FS.
New 2-3-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.110 - Filing; Service of Papers; Signing

Current through Reg. 50, No. 138; July 16, 2024
(1) Filing. Unless specifically ordered by
				the arbitrator or provided for by these rules, every pleading or other paper
				filed in the proceedings, except an initial petition for arbitration, shall
				also be served on each party.
(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) In a recall
				arbitration proceeding, when the homeowners have not designated a homeowner
				representative to represent their interests or when the homeowner
				representative cannot be ascertained, the arbitrator shall require that the
				association post a copy of the petition for recall arbitration, the order
				allowing answer, or other pleading or order on the association property in the
				same location as it posts notices of meetings in accordance with subparagraph
				720.303(2)(c)1., F.S.
(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 United States (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-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.111 - 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 in an election dispute
				shall file the answer with the arbitrator, and shall mail a copy to the
				petitioner, within 20 days after receipt of the petition. In a recall dispute,
				the respondent shall have 10 days in which to file an answer. The answer shall
				include all defenses and objections, and shall be filed on DBPR FORM HOA
				6000-9, ANSWER TO PETITION, incorporated in Rule
				61B-80.101, 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 subsection
				61B-80.101(3),
				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 in an
				election dispute 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.
In the case of election arbitration proceedings, 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. In a
				  recall proceeding, these enumerated defenses shall not be raised by motion but
				  shall be included in the answer.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.112 - 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 orders on
				default may be entered at any time after the entry of a default. The arbitrator
				shall require affidavits as necessary to determine damages. The arbitrator may,
				within a reasonable time following entry of the final order on default, not to
				exceed one year, set aside a final order on default for reasons of excusable
				neglect, mistake, surprise, or inadvertence.
Specific Authority 718.1255(4)(i), 718.112(2)(j)5.,
					 720.303(10)(d),
					 720.306(9),
					 720.311(1) FS.
					 Law Implemented 720.303(10),
					 720.306(9),
					 720.311(1)
					 FS.
New 2-3-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.113 - Motions; Motions for Temporary Injunctive Relief

Current through Reg. 50, No. 138; July 16, 2024
(1) During the course of a pending
				arbitration proceeding, a request to the arbitrator for an order granting some
				relief or request 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 days of service of a
				written motion or other time as provided by the arbitrator, file a written
				response in opposition to the motion.
(2) A party may, either with the original
				petition for arbitration, or any time before entry of a final order, file a
				motion for emergency relief or temporary injunction, which motion or
				accompanying argument shall demonstrate a clear legal right to the relief
				requested, that irreparable harm or injury exists or will result, that no
				adequate remedy at law exists, and that the relief or injunction would not be
				adverse to the public interest. An evidentiary hearing on a motion for
				emergency relief shall be scheduled and held as soon as possible after the
				filing of the motion and supporting petition for arbitration. The hearing will
				be held upon due notice after the petition for arbitration and motion are
				served on the opposing party and may be held prior to the filing of the
				answer.
(3) No temporary injunction
				shall be entered unless a bond is given by the movant in an amount the
				arbitrator upon testimony taken deems sufficient, conditioned for the payment
				of costs and damages sustained by the adverse party if the adverse party is
				wrongfully enjoined.
Specific Authority 718.1255(4)(i), 718.112(2)(j)5.,
					 720.303(10)(d),
					 720.306(9),
					 720.311(1) FS.
					 Law Implemented 720.303(10),
					 720.306(9),
					 720.311(1)
					 FS.
New 2-3-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.114 - Summary Disposition; Simplified Arbitration Procedure; No Disputed Issues of Material Fact

Current through Reg. 50, No. 138; July 16, 2024
(1) Any dispute
				that does not involve a disputed issue of material fact shall be arbitrated as
				provided in this rule. Where there are no disputed issues of material fact, no
				formal evidentiary hearing shall be conducted. The arbitrator shall decide the
				dispute based solely upon the pleadings and evidence filed by the
				parties.
(2) At any time after the
				filing of the petition, if the parties do not dispute the important facts in a
				case, the arbitrator shall summarily enter a final order denying relief
				requested in 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
				petition, if the parties do not dispute the important facts, 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) 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 718.1255(4)(i), 718.112(2)(j)5.,
					 720.303(10)(d),
					 720.306(9),
					 720.311(1) FS.
					 Law Implemented 720.303(10),
					 720.306(9),
					 720.311(1)
					 FS.
New 2-3-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.115 - 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) Where discovery is permitted by order of
				the arbitrator, the 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 homeowner 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
				720.303, 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 or either party to submit supplemental information, evidence or
				affidavits in support of, supplementing, explaining, or refuting any legal or
				factual assertion contained in a petition, answer, affirmative defense, or
				motion or other pleading.
Specific Authority 718.1255(4)(i), 718.112(2)(j)5.,
					 720.303(10)(d),
					 720.306(9),
					 720.311(1) FS.
					 Law Implemented 720.303(10),
					 720.306(9),
					 720.311(1)
					 FS.
New 2-3-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.116 - 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 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 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 conference.
(4) At any
				time after a petition for arbitration has been filed with the division, 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(4)(i), 718.112(2)(j)5.,
					 720.303(10)(d),
					 720.306(9),
					 720.311(1) FS.
					 Law Implemented 720.303(10),
					 720.306(9),
					 720.311(1)
					 FS.
New 2-3-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.1165 - 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)(i),
					 720.311(1),
					 720.311(2)(c)
					 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-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.117 - 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, F.S., 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 718.1255(4)(i), 718.112(2)(j)5.,
					 720.303(10)(d),
					 720.306(9),
					 720.311(1) FS.
					 Law Implemented 720.303(10),
					 720.306(9),
					 720.311(1)
					 FS.
New 2-3-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.118 - 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 718.1255(4)(i), 718.112(2)(j)5.,
					 720.303(10)(d),
					 720.306(9),
					 720.311(1) FS.
					 Law Implemented 720.303(10),
					 720.306(9),
					 720.311(1)
					 FS.
New 2-3-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.119 - 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. Thereafter, the respondent may present its evidence and
				witnesses.
(5) Evidence.
(a) An arbitration proceeding is less formal
				than a court proceeding. The arbitrator shall admit any relevant evidence 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 proven 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, used to establish the truth of the matter asserted) may be
				used to supplement or explain other evidence, but is not sufficient to support
				a finding, unless the hearsay evidence would be admissible in a court of law.
				The rules of privilege shall be effective to the same extent that they are
				recognized in civil actions. Irrelevant and unduly repetitious evidence shall
				not be admitted into evidence.
(b)
				All exhibits shall be identified as petitioner's exhibits, respondent's
				exhibits, or as joint exhibits. The exhibits shall be marked in the order that
				they are 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-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.120 - 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) All hearings shall be held in the state
				of Florida. Whenever possible, hearings shall be held in the area of residence
				of the parties and witnesses or at the place most convenient to all parties as
				determined by the arbitrator.
(3)
				In the arbitrator's discretion, a duly scheduled hearing may be delayed or
				continued for good cause shown. Requests for a 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(4)(i), 718.112(2)(j)5.,
					 720.303(10)(d),
					 720.306(9),
					 720.311(1) FS.
					 Law Implemented 720.303(10),
					 720.306(9),
					 720.311(1)
					 FS.
New 2-3-05.