Florida Regulations 61B-45.016: Expedited Procedure for Determination of Jurisdiction
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(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 for expedited determination of jurisdiction shall be accompanied by 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, incorporated in subsections 61B-45.001(3) and (4), F.A.C., which shall include the $50 filing fee provided by Florida Statutes § 718.1255
(2) If the determination of jurisdiction is subject to reasonable dispute, within 10 days of the assignment of a request for relief pursuant to this rule, the arbitrator shall deliver by U.S. mail to all other persons involved with the dispute, a copy of the request for relief, and shall provide such persons an opportunity to serve a response on the issue of whether the dispute falls within the jurisdiction of the division.
(3) The arbitrator, within 20 days of receipt of the responses permitted by subsection (2) above, shall make a determination of whether the controversy falls within the jurisdiction of the division, and shall enter an appropriate order.
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, 7-20-16.
Terms Used In Florida Regulations 61B-45.016
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(3) The arbitrator, within 20 days of receipt of the responses permitted by subsection (2) above, shall make a determination of whether the controversy falls within the jurisdiction of the division, and shall enter an appropriate order.
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, 7-20-16.