Florida Administrative Code

(1) Required elements for estimated operating budgets. The proposed and adopted budget for each timeshare plan shall: (a) Be stated on an annual basis; (b) Disclose the fiscal year for which the budget will be in effect; (c) Show the total assessment for each use availability per…

(1) Establishment of the guarantee. If a guarantee is not established in the timeshare documents any agreement establishing a guarantee shall be effective only upon the approval of a majority of the non-developer timeshare purchasers. Such approval shall be documented in the book…

(1) Reserves required by statute. The proposed annual budget shall include the reserves required by Section 721.07(5)(t)3., F.S., for capital expenditures and deferred maintenance, including roofing, painting, paving, unit furnishings, and any other building components having a u…

(1) Timely funding. Reserves included in the adopted budget shall be considered common expenses and must be fully funded. Reserves shall be funded in the amounts stated in the adopted budget within 30 calendar days from the date the assessments are collected and not later than 18…

For condominium timeshare plans any vote to waive or reduce the funding of reserves required by Section 718.112(2)(f)2. or 721.07(5)(t), F.S., shall be effective for only one annual budget. In a multi-condominium association no waiver or reduction of the funding of reserves shall…

(1) Financial statements. The financial statements required by Sections 718.301(4)(c) and 721.13(3)(e), F.S., shall at a minimum include the following: (a) Auditor's Report; (b) Balance Sheet; (c) Statement of Revenues and Expenses; (d) Statement of Changes in Fund Balances; (e) …

For the purposes of this chapter, the following definitions shall apply: (1) "Bad check" means any worthless check, draft, or order of payment identified under Section 68.065, F.S. (2) "Corrective activities" means putting remedial procedures in place to ensure that the violation…

(1) Purpose. The purpose of this rule chapter is to notify regulated parties of the guidelines and aggravating and mitigating factors that will be utilized by the division to determine penalties for specified violations of Chapter 721, F.S., and where applicable, in the context o…

The following penalty guidelines are established for each violation: STATUTE/RULE GENERAL DESCRIPTION PENALTY per violation (Priors) PART I VACATION PLANS AND TIMESHARING Section 721.056, F.S.; Rule Chapters 61B-37; 61B-39; 61B-40, F.A.C. Developer's supervisory duties 2,500(0), …

(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 arbit…

(1) Any person who appears before any arbitrator has the right, at that person's own expense, to be accompanied, represented and advised by a member of the Florida Bar or by a qualified representative who does not need to be an attorney, but who shall demonstrate his or her famil…

(1) While a case is pending and within 15 days of entry of a final order, no party or other person directly or indirectly interested in an arbitration proceeding nor anyone authorized to act on behalf of a party or other interested person shall communicate verbally or in writing …

(1) In computing any period of time prescribed or allowed for the filing or service (i.e., mailing) of any document, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period shall be included unless it is a Saturd…

(1) Filing. Unless specifically ordered, every pleading or other paper filed in the proceedings, except the initial petition, shall also be served on each party. A pleading or other paper is considered "filed" when it is received by the division. (2) Method and Proof of Service. …

(1) An application to the arbitrator for an order shall be made by motion which shall be made in writing, unless made during a hearing, shall state in detail the grounds for the relief requested and shall set forth the relief or order sought. The arbitrator shall conduct such pro…

(1) A "dispute" under Section 718.1255, F.S., includes a disagreement that involves use of a unit or the appurtenances thereto, including use of the common elements. (2) Except for disputes involving the termination of a condominium, no controversy shall be accepted for arbitrati…

(1) Parties in proceedings before the arbitrator are unit owners, associations, and tenants to the extent provided in subsection 61B-45.013(5), F.A.C. If the dispute involves a tenant, the tenant and the unit owner shall be named as party respondents. If the petition may directly…

(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 completed DBPR Form ARB 6000-004, REQUEST FOR EXPEDITED DETERMINATION OF JURISDICTION, incorporated in subsection 61B-45.001(7), F.A.C. A request f…

(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 …

(1) If, upon receipt of a petition for arbitration, the filing fee required by Section 718.1255, F.S., is not included, the division shall return the petition to the sender with an explanation for its return. (2) After assignment of a petition for arbitration, the arbitrator shal…

(1) After a petition for arbitration is filed and assigned to an arbitrator, the respondent will be mailed a copy of the petition by the arbitrator, and will be given an opportunity to answer the petition. Unless a shorter time is ordered by the arbitrator in cases where the heal…

(1) When a party fails to file or serve any responsive document in the action or has failed to follow these rules or a lawful order of the arbitrator, the arbitrator shall enter a default against the party where the failure is deemed willful, intentional, or a result of neglect. …

(1) It is intended that the discovery process shall be used sparingly and only for the discovery of those things which are necessary for the proper disposition of the petition. Parties may obtain discovery only upon the prior approval of the arbitrator. A motion to conduct discov…

(1) A subpoena requiring the attendance of witnesses or the production of documents, whether for purposes of discovery or for purposes of a final hearing, may be served by any person authorized by law to serve process or by any person who is not a party and who is of majority age…

(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. (2) At any time after the filing of the petition and answer, if any, and if no disputed issues of m…

(1) The arbitrator shall set the time and place for all final hearings. The arbitrator shall serve written notice of the final hearing by regular mail on all parties of record. (2) Whenever possible, hearings shall be held by telephone conference call or at the place most conveni…

(1) A petitioner may withdraw or voluntarily dismiss the petition for arbitration at any time. Such withdrawal or dismissal shall be in writing directed to the arbitrator and shall be without prejudice to refiling. No withdrawal or voluntary dismissal of a petition shall operate …

(1) The failure or refusal of a petitioner to comply with any lawful order of the arbitrator or with a provision of these rules shall result in a dismissal of the petition or individual claims or imposition of costs and attorney's fees, or both, as appropriate, where such failure…

(1) The presiding arbitrator before whom a case is pending may issue any orders necessary to effectuate discovery, to prevent delay, and to promote the just, speedy, and inexpensive determination of all aspects of the case. (2) When a case is placed in abeyance or abated by a non…

(1) Any party wishing a stenographic record shall make such arrangements directly with the court reporter and shall notify the other parties of such arrangements in advance of the hearing. The requesting party or parties shall pay the cost of such record. (2) Any party may have a…

(1) Hearings shall be open to the public. However, the arbitrator shall exclude any observer, witness or party who is disruptive to the conduct of the hearing. (2) Each party shall have the right to present evidence, cross-examine the other party's witnesses, enter objections, an…

(1) Unless waived, a final order shall be entered within 45 days after the hearing, receipt by the arbitrator of the hearing transcript if one is timely filed, or receipt of any post-hearing memoranda, whichever is applicable. The final order shall be in writing and shall include…

(1) A motion for rehearing may be filed within 15 days after the date of entry of the final order. The motion shall state with particularity the points of law or fact that the arbitrator has overlooked or misapprehended and shall not reargue the merits of the final order. Any res…

(1) Any party seeking an award of costs and attorney's fees must request the award in writing prior to the rendition of the final order. (2) A prevailing party seeking an award of costs and attorney's fees shall file a motion seeking the award not later than 45 days after renditi…

Specific Authority 498.007(1) FS. Law Implemented 498.027, 498.029(1), 498.031, 498.033, 498.037, 498.039(1), 498.041 FS. History-New 12-24-80, Amended 4-17-85, Formerly 7D-5.022, Amended 8-20-86, 2-16-93, Formerly 7D-5.0022, Amended 1-26-97, 5-31-98, Repealed 10-28-08.

Specific Authority 498.007(1) FS. Law Implemented 498.017(5), 498.033, 498.039, 498.041, 498.047 FS. History-New 12-31-80, Amended 4-17-85, Formerly 7D-5.026, Amended 8-20-86, 2-16-93, Formerly 7D-5.0026, Amended 9-28-93, 2-27-97. 5-31-98, Repealed 10-28-08.

Specific Authority 498.007(1) FS. Law Implemented 498.033, 498.007 FS. History-New 12-31-80, Formerly 7D-5.03, Amended 2-16-93, Formerly 7D-5.003, Amended 5-31-98, Repealed 10-28-08.

(1) This chapter shall be entitled "The Rules of Procedure Governing Recall Arbitration" and shall govern the arbitration of a recall of one or more members of a board of administration of a condominium, cooperative, or mobile home homeowners' association. These rules shall be co…

(1) When one or more members of a board of administration of a condominium, cooperative, or mobile homeowners' association have been recalled, the board of administration may initiate a recall arbitration by filing a petition for recall arbitration with the division, as follows: …

(1) In computing the five full business days prescribed by Sections 718.112(2)(j), 719.106(1)(f) and 723.078(2)(i), F.S., and these rules, the day of the act from which the period of time begins to run shall not be included. The last day of the period shall be included unless it …

(1) Parties in any proceeding conducted in accordance with Section 718.112(2)(j), 719.106(1)(f) or 723.078(2)(i), F.S., are petitioners or respondents. (2) The petitioner shall be the board of administration of an association that files a petition for binding arbitration of a rec…

(1) Any person who appears before an arbitrator has the right, at that person's own expense, to be accompanied, represented and advised by a member of the Florida Bar or by a qualified representative who is not a member of the Florida Bar, but who shall demonstrate his or her fam…

(1) While a case is pending, no party or other person directly or indirectly interested in an arbitration proceeding nor anyone authorized to act on behalf of a party or other interested person shall communicate verbally or in writing in the absence of all parties with an arbitra…

(1) A petition for arbitration of a recall may be withdrawn at any time prior to the commencement of the scheduled final hearing. Such withdrawal shall be in writing and directed to the arbitrator. Withdrawal may be made by telephone, but must be subsequently confirmed in writing…

(1) Filing. Unless specifically ordered, every pleading or other paper filed in the proceedings, including the initial petition, shall also be served on each party. A pleading or other paper is considered "filed" when it is received by the division. (2) Method and Proof of Servic…

An application to the arbitrator for an order shall be made by written motion, unless made during a hearing. The motion shall state in detail the grounds for the relief requested and shall set forth the relief or order sought. The arbitrator shall conduct such proceedings and ren…

(1) Any dispute which does not involve a disputed issue of material fact shall be arbitrated as hereinafter provided. (2) At any time after the filing of the petition, if no disputed issues of material fact exist, the arbitrator shall summarily enter a final order denying relief …

(1) The discovery process shall be used sparingly and only for the discovery of those things that are necessary for the proper disposition of the petition. Parties may obtain discovery only upon the prior approval of the arbitrator. A motion to conduct discovery shall describe wi…

(1) The failure or refusal of a respondent to comply with a provision of these rules or any lawful order of the arbitrator shall result in the striking of the answer including any defenses or pending claims where such failure is deemed willful, intentional, or a result of neglect…

(1) The presiding arbitrator before whom a case is pending may issue any orders necessary to effectuate discovery, to prevent delay, and to promote the just, speedy, and inexpensive determination of all aspects of the case. (2) When a case is placed in abeyance or abated by a non…