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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 |
61B-45.030. Summary Disposition; Simplified Arbitration Procedure; No Disputed Issues of Material Fact
1(1) Any dispute which does not involve a disputed issue of material fact as shown by the answer, prehearing stipulation, or otherwise, shall be arbitrated as provided in this rule.
31(2) At any time after the filing of the petition and answer, if any, and if no disputed issues of material fact exist, the arbitrator shall summarily enter a final order denying relief pursuant to the petition if the arbitrator finds that no preliminary basis for relief has been demonstrated in the petition.
84(3) At any time after the filing of the answer, and if no disputed issues of material fact exist, the arbitrator shall summarily enter a final order awarding relief if the arbitrator finds that no meritorious defense exists, and that the petition is otherwise appropriate for relief.
131(4) No formal evidentiary hearing as described by Rule 14061B-45.039, 141F.A.C., shall be conducted for arbitrations determined pursuant to this rule. The arbitrator shall decide the dispute solely upon the pleadings and evidence filed by the parties.
168Specific Authority 170718.1255, 171719.1255 FS. 173Law Implemented 175718.1255, 176719.1255 FS. 178History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.030, Amended 6-19-96.
