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Florida Administrative Code (Last Updated: April 18, 2024) |
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61. Department of Business and Professional Regulation |
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61B. Division of Florida Condominiums, Timeshares and Mobile Homes |
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61B-45. The Mandatory Non-Binding Arbitration Rules Of Procedure |
1(1) If, upon receipt of a petition for arbitration, the filing fee required by Section 16718.1255, F.S., 18is not included, the division shall return the petition to the sender with an explanation for its return.
36(2) After assignment of a petition for arbitration, the arbitrator shall make a preliminary determination on whether the controversy described in the petition falls within the jurisdiction of the division and whether the petition complies with Rule 7361B-45.017, 74F.A.C.
75(3) If the controversy falls within the jurisdiction of the division and the petition complies with Rule 9261B-45.017, 93F.A.C., the arbitrator shall so notify the petitioner and shall proceed as set forth in subsection (5) below. The arbitrator shall reject a petition if it is determined to be outside the jurisdiction of the division.
129(4) If the petition fails to comply with Rule 13861B-45.017, 139F.A.C., the arbitrator shall enter an order requiring petitioner to amend the petition to comply with Rule 15661B-45.017, 157F.A.C. The arbitrator shall reject a petition for noncompliance with Rule 16861B-45.017, 169F.A.C.
170(5) If the arbitrator preliminarily determines the dispute to fall within the jurisdiction of the division and determines that the petition complies with Rule 19461B-45.017, 195F.A.C., the arbitrator shall by United States certified mail or personal service provide the respondent with a copy of the petition and an order requiring respondent to file an answer.
225(6) For petitions involving a plan of termination pursuant to Section 236718.117, F.S., 238after 90 days from the date the petition states that the challenged termination plan was recorded in the public records of the county in which the condominium is located, the arbitrator shall serve the respondent(s) with a copy of the petition and an order requiring respondent to file an answer.
288Rulemaking Authority 290718.1255, 291719.1255 FS. 293Law Implemented 295718.117(16), 296718.1255, 297719.1255 FS. 299History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.018, Amended 9-21-94, 6-19-96, 2-17-98, 7-20-16.
