Chapter 2014-74, Laws of Florida, amended section 718.1255, Florida Statutes, to permit a nonresidential condominium to participate in the division’s arbitration program, provided that the declaration provides for arbitration pursuant to section 718....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Florida Condominiums, Timeshares and Mobile Homes

RULE NO.:RULE TITLE:

61B-45.013Matters Eligible or Ineligible for Arbitration

PURPOSE AND EFFECT: Chapter 2014-74, Laws of Florida, amended Section 718.1255, Florida Statutes, to permit a nonresidential condominium to participate in the division’s arbitration program, provided that the declaration provides for arbitration pursuant to Section 718.1255, Florida Statutes. Rule 61B-45.013, Florida Administrative Code, is being amended to include petitions for arbitration which arise in such nonresidential condominiums.

SUMMARY: The rule is being amended to include petitions for arbitration which arise in certain nonresidential condominiums.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted by the agency.

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.

RULEMAKING AUTHORITY: 718.1255(4) FS.

LAW IMPLEMENTED: 718.1255, 719.1255 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Debbie Miller, Government Analyst I, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-1030, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61B-45.013 Matters Eligible or Ineligible for Arbitration.

(1) through (7) No change.

(8) No petition shall be accepted for arbitration under these rules unless it arises in a residential cooperative or condominium, as defined by Section 719.103 or 718.103, F.S., and involves a residential unit or units; however, a petition will be accepted which arises in a nonresidential condominium, if the declaration provides for arbitration pursuant to Section 718.1255, F.S.

Rutlemaking Specific Authority 718.1255(4), 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.013, Amended 9-21-94, 6-19-96,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kevin Stanfield, Acting Director, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-1030

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 24, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 10, 2014