Florida Administrative Code

(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12-24-80, Amended 4-17-85, Formerly 7D-5.022, Amended 8-20-86, 2-16-93, Formerly 7D-5.0022, Amended 1-26-97, 5-31-98, Repealed 10-28-08.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Amended 4-17-85, Formerly 7D-5.026, Amended 8-20-86, 2-16-93, Formerly 7D-5.0026, Amended 9-28-93, 2-27-97. 5-31-98, Repealed 10-28-08.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 History-New 12-31-80, Formerly 7D-5.03, Amended 2-16-93, Formerly 7D-5.003, Amended 5-31-98, Repealed 10-28-08.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…

(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 party wishing to obtain a stenographic record shall make such arrangements directly with the court reporter for such services and shall notify the other parties of such arrangements in advance of the hearing. The requesting party or parties shall bear all the costs of obt…

(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) 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) All hearings shall be held in the state of Florida. Whenever possible, hearings shall be held in th…

(1) Unless waived, a final order shall be entered within 30 days after any final 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 i…

(1) Any party may file a motion to correct any clerical mistake or error arising from oversight or omission in any final order entered by an arbitrator within 10 days of the date on which the order was entered. "Clerical corrections" shall be generally defined as computational co…

No party shall be entitled to recover its costs and attorney's fees in a recall proceeding initiated pursuant to Section 718.112(2)(j), 719.106(1)(f) or 723.078(2)(i), F.S. Rulemaking Authority 718.501(1)(f), 719.501(1)(f), 723.1255 FS. Law Implemented 718.112(2)(j), 719.106(1)(f…

Specific Authority 498.007(1) FS. Law Implemented 498.027, 498.039 FS. History-Revised 12-17-71, Amended 12-19-74, 4-14-76, 7-1-76, 9-22-77, 12-31-80, 6-9-82, Formerly 7D-6.01, Amended 8-20-86, 2-16-93, Formerly 7D-6.001, Amended 1-26-97, 6-9-98, Repealed 10-28-08.

Specific Authority 498.007(1) FS. Law Implemented 498.039(6),(7) FS. History-New 12-31-80, Amended 6-9-82, Formerly 7D-6.04, Amended 8-20-86, 2-16-93, Formerly 7D-6.004, Amended 1-26-97, 6-9-98, Repealed 10-28-08.

Specific Authority 498.007(1) FS. Law Implemented 498.027, 498.039 FS. History-New 6-9-82, Amended 4-17-85, Formerly 7D-6.06, Amended 8-20-86, 1-24-91, 2-16-93, Formerly 7D-6.006, Amended 9-28-93, 2-27-97, 6-9-98, Repealed 10-28-08.

Specific Authority 498.007(1) FS. Law Implemented 498.017(6), 498.039 FS. History-New 6-9-82, Amended 4-17-85, Formerly 7D-6.10, Amended 2-16-93, Formerly 7D-6.010, Amended 9-28-93, 1-26-97, 6-9-98, Repealed 10-28-08.

(1) For purposes of these rules, the following definitions apply: (a) "Branch Office" shall mean any and all secondary locations of a yacht and ship broker. (b) "Division" shall mean the Division of Florida Condominiums, Timeshares, and Mobile Homes, Department of Business and Pr…

(1) All forms referenced in these rules may be obtained by writing to, and when completed shall be filed with the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030. (2…

(1) Application for License. (a) All persons desiring to obtain a license to act as a broker or salesperson, shall apply for licensure by filing with the division a completed application on DBPR Form YS 6000-1, APPLICATION FOR A YACHT AND SHIP EMPLOYING BROKER, BROKER OR SALESPER…

(1) Applications for licensure as a broker or a salesperson shall be accompanied by a good and sufficient surety bond or irrevocable letter of credit. (2) Requirements of bonds and letters of credit. (a) All bonds and letters of credit: 1. Shall provide coverage during each licen…

Rulemaking Authority 326.003 FS. Law Implemented 326.004, 326.006 FS. History-New 2-13-90, Amended 11-25-90, 10-11-92, Formerly 7D-60.005, Amended 1-26-97, 3-13-02, Repealed 7-22-21.

(1) A broker holding the license of a salesperson shall sign the closing statement of any transaction brokered by the salesperson. (2) A broker holding the license of a salesperson shall make all escrow trust account deposits and withdrawals of monies involved in a transaction br…

(1) The license of a broker or salesperson, as applicable, shall be suspended or cancelled where: (a) Upon termination of a surety bond pursuant to section 326.004(11), F.S., the licensee fails to simultaneously file a new bond with the division; or (b) A salesperson withdraws fr…

Specific Authority 498.007(1) FS. Law Implemented 498.037 FS. History-New 12-17-71, Repromulgated 12-19-74, Amended 12-24-80, Formerly 7D-8.011, Amended 8-20-86, Formerly 7D-8.0011, 61B-8.0011, Amended 1-26-97, 5-8-98, Repealed 10-28-08.

(1) Definition. "Electronic transmission" means any form of communication, not directly involving the physical transmission or transfer of paper, that creates a record that may be retained, retrieved, and reviewed by a recipient and that may be directly reproduced in a comprehens…

Any unit owner is entitled to tape record or videotape meetings of the board of administration, committee meetings, or unit owner meetings, subject to the following restrictions: (1) Rules: Associations may adopt rules, which are consistent with this rule, regarding the placement…

(1)(a) Unless otherwise provided herein, the provisions of this rule apply to all regular and runoff elections conducted by a cooperative association, regardless of any provision to the contrary contained in the cooperative documents. (b) Except as otherwise provided by Rules 61B…

(1) "Election Officials," as used in Section 719.129, F.S., includes the division. (2) "Consent, in writing," as used in Section 719.129, F.S., may be made via email. The email address of the unit owner consenting is not considered an official record, unless the unit owner has pr…

(1) Anyone seeking to be a division approved cooperative education provider shall file with the division the educational materials used in the cooperative education program. The following information shall be included regarding the education program: (a) A price list for the prog…

(1) Developer Representatives. When both a developer and other unit owners are entitled to representation on a board of administration pursuant to Section 719.301, F.S., the following provisions apply to recall and replacement of board members elected or appointed by a developer:…

(1) Calling a Recall Meeting. Regardless of any provision to the contrary in the cooperative documents, 10 percent of the voting interests may call a meeting of the unit owners to recall one or more members of the board by the voting interests giving the notice specified in parag…

(1) Form of Written Agreement. All written agreements used for the purpose of recalling one or more members of the board of administration shall: (a) List by name each board member sought to be recalled; (b) Provide spaces by the name of each board member sought to be recalled so…

For the purposes of this chapter the following definitions shall apply: (1) "Accounting records" include all of the books and records identified in Section 719.104(2)(a)9., F.S., and any other records that identify, measure, record, and/or communicate financial information whethe…

(1) Required elements for estimated operating budgets. The budget for each association shall: (a) State the estimated common expenses or expenditures on at least an annual basis; (b) Disclose the beginning and ending dates of the period covered by the budget; (c) Show the total a…

(1) Establishment of the guarantee. If a guarantee is not included in the purchase contracts, cooperative documents, or prospectus, any agreement establishing a guarantee shall be effective only upon the approval of a majority of the voting interests of the unit owners other than…