Florida Administrative Code

(1) Parties in any proceeding conducted in accordance with Section 720.303, 720.306, or 720.311, F.S., are petitioners or respondents. (2) The petitioner in a recall arbitration proceeding may be the association, where the board seeks to challenge a recall effort of the homeowner…

(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 is not a member of the Florida Bar, but who shall demonstrate his or her fa…

(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) A petitioner may withdraw or dismiss the petition in writing at any time prior to the entry of a final order. Such withdrawal or dismissal shall be without prejudice to re-filing the petition at a later date. Upon the filing of a dismissal or withdrawal, the arbitrator shall …

(1) Filing. Unless specifically ordered by the arbitrator or provided for by these rules, every pleading or other paper filed in the proceedings, except an initial petition for arbitration, shall also be served on each party. (2) Method and Proof of Service. (a) When service is t…

(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) During the course of a pending arbitration proceeding, a request to the arbitrator for an order granting some relief or request 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 f…

(1) Any dispute that does not involve a disputed issue of material fact shall be arbitrated as provided in this rule. Where there are no disputed issues of material fact, no formal evidentiary hearing shall be conducted. The arbitrator shall decide the dispute based solely upon t…

(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 for rehearing or a motion to correct any clerical mistake or error arising from oversight or omission in any final order entered by an arbitrator within 15 days of the date on which the order was entered. "Clerical corrections" shall be generally d…

(1) The prevailing party in a proceeding brought pursuant to Section 720.311, F.S., is entitled to an award of reasonable costs and attorney's fees. A prevailing party is a party that obtained a benefit from the proceeding and includes a party where the opposing party has volunta…

(1) The department fee will be an amount adequate to cover all costs and expenses incurred by the department in conducting an arbitration proceeding pursuant to Section 720.311, F.S. (2) The fee shall be the sum of the following costs: (a) The sum of the "Labor Cost" for all empl…

(1) For purposes of these rules, "homeowner" is the "member" or "parcel owner" who has the "voting interest" as those terms are defined by Section 720.301, F.S. (2) Developer Representatives. When both a developer and other homeowners are entitled to representation on a board of …

(1) Calling a Recall Meeting. If the governing documents specifically allow recall at a homeowners' meeting, 10 percent of the voting interests may call a meeting of the homeowners to recall one or more directors of the board by the voting interests giving the notice specified in…

(1) Form of Written Agreement. All written agreements used for the purpose of recalling one or more directors shall: (a) List by name each director sought to be recalled; (b) Provide spaces by the name of each director sought to be recalled so that the person executing the agreem…

Specific Authority 720.311(1) FS. Law Implemented 720.311(2) FS. History-New 2-3-05, Repealed 9-18-07.

Specific Authority 720.311(1) FS. Law Implemented 720.311(2) FS. History-New 2-3-05, Repealed 9-18-07.

Specific Authority 720.311(1) FS. Law Implemented 720.311(2) FS. History-New 2-3-05, Repealed 9-18-07.

Specific Authority 720.311(1) FS. Law Implemented 720.311(2) FS. History-New 2-3-0, Repealed 9-18-07.

Specific Authority 720.311(1) FS. Law Implemented 720.311(2) FS. History-New 2-3-0, Repealed 9-18-07.

Specific Authority 720.311(1) FS. Law Implemented 720.311(2) FS. History-New 2-3-05, Repealed 9-18-07.

Specific Authority 720.311(1) FS. Law Implemented 720.311(2)(c) FS. History-New 12-20-04, Repealed 9-18-07.

Specific Authority 720.311(1) FS. Law Implemented 718.1255(4), 720.311(2)(c) FS. History-New 12-20-04, Repealed 9-18-07.

Specific Authority 720.311(1) FS. Law Implemented 720.311(2)(c) FS. History-New 12-20-04, Repealed 9-18-07.

Specific Authority 720.311(1) FS. Law Implemented 720.311(2)(c) FS. History-New 12-20-04, Repealed 9-18-07.

Rulemaking Authority 720.303(13)(f) FS. Law Implemented 720.303(13) FS. History-New 11-13-13, Repealed 3-5-26.

Specific Authority 498.007(1) FS. Law Implemented 498.035 FS. History-New 12-17-71, Repromulgated 12-19-74, Formerly 7D-9.01, Amended 9-22-77, 12-31-80, Formerly 7D-9.011, 7D-9.0011, Amended 5-18-98, Repealed 10-28-08.

Specific Authority 498.007(1) FS. Law Implemented 498.035(1) FS. History-New 12-17-71, Repromulgated 12-19-74, Amended 12-31-80, 4-17-85, Formerly 7D-9.03, Amended 8-20-86, 2-16-93, Formerly 7D-9.003, Amended 1-26-97, 5-18-98, Repealed 10-28-08.

Specific Authority 498.007(1) FS. Law Implemented 498.007, 498.024(1)(b), 498.035 FS. History-New 12-17-71, Amended 12-19-74, 12-31-80, Formerly 7D-9.32, 7D-9.032, Amended 1-26-97, 5-18-98, Repealed 10-28-08.

Specific Authority 498.007(1) FS. Law Implemented 498.035(2) FS. History-New 12-19-74, Amended 12-31-80, Formerly 7D-9.36, 7D-9.036, Amended 5-18-98, Repealed 10-28-08.

Except when otherwise defined in this rule, the definitions provided in s. 1-201.10(B), Food Code, 2017 Recommendations of the United States Public Health Service/Food and Drug Administration; shall apply to Chapters 61C-1, 61C-3 and 61C-4, F.A.C. In addition, the following defin…

(1) The current license from the division shall be conspicuously displayed in the office or lobby of the licensed establishment. If no office or lobby is present on the premises of the licensed establishment, the license must be readily available for inspection upon request. (2) …

Rulemaking Authority 509.032, 509.032(2)(d) FS. Law Implemented 509.091, 509.261 FS. History-New 3-31-94, Amended 10-9-95, 9-25-96, Repealed 12-8-11.

The following general requirements and standards shall be met by all public lodging and public food service establishments. (1) Water, plumbing and waste. (a) Except as specifically provided in these rules, standards for water, plumbing and waste shall be governed by Chapter 5, F…

(1) This rule sets out the disciplinary guidelines for imposing penalties upon public lodging establishments and public food service establishments under the jurisdiction of the Division of Hotels and Restaurants (division) in administrative actions. The purpose of this rule is t…

(1) Application Fees. Upon making initial application or an application for change of ownership, each public lodging and food service establishment applicant shall pay to the division a fee of $50 in addition to any other fees required by law or rule. Temporary food service event…

(1) As referenced in Sections 509.096(1) and 509.211(5), F.S., and in this rule, the term "employee" means a person who is directly employed by a public lodging establishment and works at the licensed premises. The term excludes independent contractors and persons employed by a t…

The following requirements and standards shall be met by all public lodging establishments. (1) Glassware, tableware, and utensils. (a) The handling, cleaning, and sanitizing of glassware, tableware, and utensils in public lodging establishments shall be subject to the provisions…

The division shall consider it an unethical business practice for any establishment to engage in, or knowingly permit anyone on the licensed premises to engage in, any illegal, unfair or deceptive act. Such acts include imposition of a charge separate and apart from, or in additi…

(1) Food Supplies and Food Protection - Except as specifically provided in this rule, public food service establishments shall be subject to the provisions of Chapter 3, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. (a)1. Public food service establishment operators…

(1) Public food service establishments or food vendors at temporary food service events shall comply with all applicable sanitary requirements of this rule chapter and Rule 61C-1.004, F.A.C., unless otherwise provided in this section. (2) Facilities. (a) Specific requirements for…

(1) Except as otherwise specified in this rule, mobile food dispensing vehicles, temporary commercial kitchens and theme park food carts shall comply with applicable requirements of Rules 61C-4.010 and 61C-4.023, F.A.C. (2) Mobile food dispensing vehicles and temporary commercial…