Fla. Admin. Code Ann. R. 61B-45.001 - Scope, Organization, Forms, Purpose, and Title

(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 Division of Florida Condominiums, Timeshares, and Mobile Homes, Attention: Arbitration Program, 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.

Notes

Fla. Admin. Code Ann. R. 61B-45.001

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, Amended by Florida Register Volume 42, Number 130, July 6, 2016 effective 7/20/2016.

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