61B-25.001: Mediation Definitions
61B-25.002: Volunteer and Paid Mediator Lists
61B-25.003: Procedure for Applying; Volunteer Mediators
61B-25.004: Procedure for Applying; Paid Mediators
PURPOSE AND EFFECT: To make the certification of mediator provisions established under Chapter 718, Florida Statutes, applicable to cooperatives under paragraph 719.501(1)(n), Florida Statutes, and to correctly refer to the appropriate section of Chapter 718, Florida Statutes.
SUMMARY: The Condominium Act (Chapter 718, Florida Statutes) and the Cooperative Act (Chapter 719, Florida Statutes) each contain provisions for mediation of certain disputes. The Legislature gave the Division of Florida Land Sales, Condominiums and Mobile Homes authority to adopt rules specifying additional factors for certification of mediators for condominium disputes under paragraph 718.501(1)(l), Florida Statutes, and for cooperative disputes under paragraph 719.501(1)(n), Florida Statutes. The proposed amendments to these rules would correct the reference to the applicable section of Chapter 718, Florida Statutes, and add the appropriate reference to Chapter 719, Florida Statutes to make the same provisions applicable to mediation of cooperative disputes.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 718.501, 719.501 FS.
LAW IMPLEMENTED: 718.501(1)(l), 719.501(1)(n) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: December 26, 2006, 11:00 a.m.
PLACE: The Northwood Centre, Suite 16, Conference Room, 1940 N. Monroe Street, Tallahassee, Florida
THOSE PERSONS WHO CANNOT ATTEND IN PERSON MAY SUBMIT THEIR COMMENTS IN WRITING TO SHARON A. MALLOY, SENIOR MANAGEMENT ANALYST II, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES, 1940 NORTH MONROE STREET, TALLAHASSEE, FLORIDA 32399-1030, WITHIN 21 DAYS OF THIS NOTICE. WRITTEN COMMENTS RECEIVED AFTER THE HEARING MAY NOT BE CONSIDERED.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/hearing/meeting is asked to advise the agency at least 48 hours before the workshop/hearing/meeting by contacting Sharon A. Malloy, Senior Management Analyst II at (850)488-1631. If you are hearing or speech impaired, please contact the agency by calling 1(800)955-8771.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sharon A. Malloy, Senior Management Analyst II, Division of Florida Land Sales, Condominiums and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32311-1030, (850)488-1631
THE FULL TEXT OF THE PROPOSED RULE IS:
61B-25.001 Mediation Definitions.
For purposes of Sections 718.501(1)(l)(m) and 719.501(1)(n), Florida Statutes, the following definitions shall apply:
(1) through (2) No change.
Specific Authority 718.501, 719.501 FS. Law Implemented 718.501(1)(l)(m), 719.501(1)(n) FS. HistoryNew 3-18-93, Formerly 7D-25.001, Amended 12-2-97,________.
61B-25.002 Volunteer and Paid Mediator Lists.
(1) The division will maintain lists of both volunteer and paid mediators who have met the requirements of Sections 718.501(1)(l)(m) and 719.501(1)(n), Florida Statutes, and these rules. The lists will include the name, address, and telephone number of each applicant who has met the statutory and rule requirements for appearing on the lists. Names shall be removed from the lists as provided in this rule.
(2) through (4) No change.
Specific Authority 718.501, 719.501 FS. Law Implemented 718.501(1)(l)(m), 719.501(1)(n) FS. HistoryNew 3-18-93, Formerly 7D-25.002, Amended 12-2-97,________.
61B-25.003 Procedure for Applying; Volunteer Mediators.
(1) A person who has met the requirements of Sections 718.501(1)(l)(m) and 719.501(1)(n), Florida Statutes, and these rules, and who wishes to be placed on a list of volunteer mediators maintained by the division, shall submit a completed BPR Form 33-035, APPLICATION FOR VOLUNTEER MEDIATOR, incorporated herein by reference and effective 3-18-93, and supporting documentation of training or experience to the Division of Florida Land Sales, Condominiums and Mobile Homes, Bureau of Condominiums, Northwood Centre, 1940 North Monroe Street, Tallahassee, FL 32399-1033. A copy of BPR Form 33-035, may be obtained by writing to the Division of Florida Land Sales, Condominiums and Mobile Homes at the address stated in this paragraph.
(2) through (3) No change.
Specific Authority 718.501, 719.501 FS. Law Implemented 718.501(1)(l)(m), 719.501(1)(n) FS. HistoryNew 3-18-93, Formerly 7D-25.003, Amended 12-2-97,________.
61B-25.004 Procedure for Applying; Paid Mediators.
(1) A person who has met the requirements of Sections 718.501(1)(l)(m) and 719.501(1)(n), Florida Statutes (1997), and these rules, and is certified by the Florida Supreme Court to mediate court cases in either county or circuit courts, and who wishes to be placed on a list of paid mediators maintained by the division, shall submit a completed DBPR Form CO 6000-33-042, APPLICATION FOR PAID MEDIATOR, incorporated herein by reference and effective 12-2-97, and supporting documentation to the Division of Florida Land Sales, Condominiums and Mobile Homes, Bureau of Condominiums, Northwood Centre, 1940 North Monroe Street, Tallahassee, FL 32399-1033. A copy of DBPR Form CO 6000-33-042, may be obtained by writing to the Division of Florida Land Sales, Condominiums and Mobile Homes at the address stated in this paragraph.
(2) through (3) No change.
Specific Authority 718.501, 719.501 FS. Law Implemented 718.501(1)(l)(m), 719.501(1)(n) FS. HistoryNew 3-18-93, Formerly 7D-25.004, Amended 12-2-97,________.
