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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-80. The Arbitration Rules Of Procedure Governing Recall And Election Disputes In Homeowners' Associations |
161B-80.124 2Department Fee.
4(1) The department fee will be an amount adequate to cover all costs and expenses incurred by the department in conducting an arbitration proceeding pursuant to 30S31ection 32720.311, F.S.
34(2) 35The fee shall be the sum of the following costs:
45(a) 46The sum of the “Labor Cost” for all employees 55who perform work on the case. 61The “Labor Cost” for an employee s68hall be calculated as follows: [(P x 1.35)/W] x H. 78Where P = the biweekly pay of the lowest pay grade for the employee’s position title; 1.35 is a multiplier that takes into account the cost of pay and benefits for an employee; W = the biweekly contract hours for the employee; and H = hours directly related to the arbitration proceeding worked by the employee.
134(b) The cost a contractor charges the department for any work directly related to the arbitration proceeding.
151(c) Other proceeding costs direc156tly related to the proceeding. 161For example direct costs include, but are not limited to, travel, long distance charges and photocopy expenses.
178(3) If the arbitration proceeding involves an election dispute, petitioner and respondent shall be charged an equal 195share of the department’s fee. 200Where the arbitration dispute involves a recall dispute, only the association shall be charged the department’s fee.
217(4) 218The department will send the party or parties an inv228oice for the department’s fee. 233The petitioner and respondent shall pay the fee within thirty da244ys of the date of the invoice. 251The department’s acceptance of less than full payment by a party shall not be considered a waiver of its right 271to the full amount of the fee. 278The department’s acceptance of the payment by one party does not relieve the other party or parties from payment of their share of the fee.
303(5) The department shall have the right to collect any unpaid fee to the fullest extent permitted by the laws of this state.
326Rulemaking Authority 328720.311(1) FS. 330Law Implemented 332720.311(1) FS. 334History335–336New 33712-10-09338.
