Chapter 2015-175, Laws of Florida, amended Section 718.117(16), Florida Statutes, to require disputes involving condominium termination plans to be submitted to arbitration before the Division, pursuant to Section 718.1255, Florida Statutes. The ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Florida Condominiums, Timeshares and Mobile Homes

RULE NOS.:RULE TITLES:

61B-45.001Scope, Organization, Forms, Purpose, and Title

61B-45.013Matters Eligible or Ineligible for Arbitration

61B-45.016Expedited Procedure for Determination of Jurisdiction

61B-45.017Initiation of Arbitration Proceedings; Content of Petition

61B-45.018Processing of Arbitration Petitions; Notification to Parties

PURPOSE AND EFFECT: Chapter 2015-175, Laws of Florida, amended Section 718.117(16), Florida Statutes, to require disputes involving condominium termination plans to be submitted to arbitration before the Division, pursuant to Section 718.1255, Florida Statutes. The Division proposes this rule amendment to apply the arbitration procedures in Rule Chapter 61B-45, F.A.C., to arbitration hearings of condominium termination disputes.

SUMMARY: Arbitration procedures for condominium termination disputes.

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:

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, 719.1255 FS.

LAW IMPLEMENTED: 718.117(16), 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: Rikki Anderson, 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-45.001 Scope, Organization, Forms, Purpose, and Title.

(1) This chapter shall be entitled “The Mandatory Non-Binding Arbitration Rules of Procedure” and shall be construed to secure the just, speedy and inexpensive determination of every proceeding. Specifically, this chapter applies to all proceedings for mandatory non-binding arbitration held pursuant to Sections Section 718.1255, F.S. (1991) and Section 719.1255, and 718.117, F.S. (1992 Supp.). This chapter does not apply to recall arbitrations commenced pursuant to Section 718.112(2)(j) (k) or 719.106(1)(f), F.S. (1992 Supp.); recall arbitrations shall be governed by Chapter 61B-50, F.A.C.

(2) All petitions and other papers filed with the division shall be filed at the official headquarters of the Division of Florida Condominiums, Timeshares, and Mobile Homes, Attention: Arbitration Program, Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida 32399-1029. A subject-matter index of Aarbitration orders may be obtained by accessing our online database at http://www.myfloridalicense.com/dbpr/lsc/ARB/LSCMHArbitrationResearch.html requested by writing to the Arbitration Clerk at this address.

(3) In order to file a petition for arbitration of a dispute involving a plan of termination pursuant to Section 718.117, F.S., a petitioner must use DBPR Form ARB 6000-013, MANDATORY NONBINDING PETITION FORM FOR A TERMINATION DISPUTE, adopted and incorporated herein by reference and  available at https://www.flrules.org/Gateway/reference.asp?No=Ref-06657  effective TBD.

(4)(3) In order to file a petition for arbitration involving any dispute governed by this chapter, other than a dispute involving a plan of termination pursuant to Section 718.117, F.S., a petitioner must use DBPR Fform ARB 6000-001, MANDATORY NON-BINDING PETITION FORM, incorporated herein by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-06660 effective 7-4-04.

(5) In order for someone who is not a member of the Florida Bar to represent a party in a proceeding, the person must file a completed DBPR Fform ARB 6000-002, QUALIFIED REPRESENTATIVE APPLICATION, incorporated herein by reference and available at  https://www.flrules.org/Gateway/reference.asp?No=Ref-06661 effective 7-4-04.

(6) An answer to a petition for arbitration must be filed using DBPR Fform ARB 6000-003, ANSWER TO PETITION, incorporated herein by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-06662 effective 04-30-98 2-17-98, and revised April 30, 1998.

(7) A request for an expedited determination of whether jurisdiction exists to hear a particular dispute shall be filed using on DBPR Fform ARB 6000-004, REQUEST FOR EXPEDITED DETERMINATION OF JURISDICTION, incorporated herein by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-06663 effective 7-4-04.

(8) Copies of the forms referenced in these rules may be obtained online at http://www.myfloridalicense.com/dbpr/lsc/ARB/LSCMHArbitrationEducation.html or by writing to: Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, Attention: Arbitration Section, Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida 32399-1029. All forms may be obtained online at http://www.state.fl.us/dbpr/lsc/arbitration/index.shtml.

Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.117(16), 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.001, Amended 6-19-96, 12-10-96, 2-17-98, 7-4-04,             .

 

61B-45.013 Matters Eligible or Ineligible for Arbitration.

(1) No change.

(2) Except for disputes involving the termination of a condominium, nNo controversy shall be accepted for arbitration under these rules where the controversy is between or among unit owners, or between or among a unit owner or unit owners and tenants, except where the association is a party and the dispute is otherwise eligible for arbitration. Except for disputes involving the termination of a condominium, tThe only disputes eligible for arbitration are those existing between a unit owner or owners and the association or its board of administration; however, pursuant to Rule 61B-45.015, F.A.C., a tenant shall be named as a party respondent where the subject matter of the dispute concerns a tenant. In addition, other unit owners having a particular interest in the proceeding shall be named as parties.

(3) through (8) No change.

Rulemaking Authority 718.1255(4), 719.1255 FS. Law Implemented 718.117(16), 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, 2-22-15,             .

 

61B-45.016 Expedited Procedure for Determination of Jurisdiction.

(1) Any party who is in doubt as to whether a controversy falls within the jurisdiction of the division may file with the division a request for expedited determination of jurisdiction by filing a completed DBPR Fform ARB 6000-004, REQUEST FOR EXPEDITED DETERMINATION OF JURISDICTION, incorporated in subsection 61B-45.001(7) (3), F.A.C. A request for expedited determination of jurisdiction shall be accompanied by either a completed DBPR Fform ARB 6000-001, MANDATORY NON-BINDING PETITION FORM or DBPR Form ARB 6000-013, MANDATORY NONBINDING PETITION FORM FOR A TERMINATION DISPUTE, incorporated in subsections subsection 61B-45.001(3) and (4) 61B-45.002(3), F.A.C., which shall include the $50 filing fee provided by Section 718.1255, F.S.

(2) through (3) No change.

Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.117(16), 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.016, Amended 9-21-94, 6-19-96, 7-4-04,            .

 

61B-45.017 Initiation of Arbitration Proceedings; Content of Petition.

(1) Initiation of arbitration proceedings shall be made by a unit owner or association filing the original petition for arbitration and one copy for each named respondent with the Division of Florida Condominiums, Timeshares, and Mobile Homes. All petitions shall be submitted on either a completed DBPR Form ARB 6000-001, MANDATORY NON-BINDING PETITION FORM, or DBPR Form ARB 6000-013, MANDATORY NONBINDING PETITION FORM FOR A TERMINATION DISPUTE, as applicable and incorporated in subsections subsection 61B-45.001(3) and (4), F.A.C. A fee of $50.00 shall be included with each petition for arbitration. A petition which is not accompanied by this fee shall not be processed. Once a petition, and including the filing fee, is received by the division for filing, the fee cannot be refunded.

(2) If a person other than an attorney files a petition or other pleading as a representative of a party, that person shall simultaneously file a completed DBPR Form ARB 6000-002 ARB96-002, QUALIFIED REPRESENTATIVE APPLICATION, incorporated in subsection 61B-45.001(5) (3), F.A.C.

Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.117(16), 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.017, Amended 9-21-94, 12-20-95, 6-19-96, 2-17-98,                      .

 

61B-45.018 Processing of Arbitration Petitions; Notification to Parties.

(1) through (2) No change.

(3) If the controversy falls within the jurisdiction of the division, and the petition complies with Rule 61B-45.017, F.A.C., the arbitrator shall so notify the petitioner and shall proceed as set forth in subsection (5) (4) below. The arbitrator shall reject a petition if it is determined to be outside the jurisdiction of the division.

(4) No change.

(5) If the arbitrator preliminarily determines the dispute to fall within the jurisdiction of the division and determines that the petition complies with Rule 61B-45.017, F.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.

(6) For petitions involving a plan of termination pursuant to Section 718.117, F.S., after 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.

Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.117(16), 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.018, Amended 9-21-94, 6-19-96, 2-17-98,           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kevin Stanfield, 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: March 23, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 27, 2015