Florida Regulations 61B-45.018: Processing of Arbitration Petitions; Notification to Parties
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(1) If, upon receipt of a petition for arbitration, the filing fee required by Florida Statutes § 718.1255, 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 shall make a preliminary determination on whether the controversy described in the petition falls within the jurisdiction of the division and whether the petition complies with Fl. Admin. Code R. 61B-45.017
(3) If the controversy falls within the jurisdiction of the division and the petition complies with Fl. Admin. Code R. 61B-45.017, the arbitrator shall so notify the petitioner and shall proceed as set forth in subsection (5) below. The arbitrator shall reject a petition if it is determined to be outside the jurisdiction of the division.
(4) If the petition fails to comply with Fl. Admin. Code R. 61B-45.017, the arbitrator shall enter an order requiring petitioner to amend the petition to comply with Fl. Admin. Code R. 61B-45.017 The arbitrator shall reject a petition for noncompliance with Fl. Admin. Code R. 61B-45.017
(5) If the arbitrator preliminarily determines the dispute to fall within the jurisdiction of the division and determines that the petition complies with Fl. Admin. Code R. 61B-45.017, 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 Florida Statutes § 718.117, 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, 7-20-16.
Terms Used In Florida Regulations 61B-45.018
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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) If the controversy falls within the jurisdiction of the division and the petition complies with Fl. Admin. Code R. 61B-45.017, the arbitrator shall so notify the petitioner and shall proceed as set forth in subsection (5) below. The arbitrator shall reject a petition if it is determined to be outside the jurisdiction of the division.
(4) If the petition fails to comply with Fl. Admin. Code R. 61B-45.017, the arbitrator shall enter an order requiring petitioner to amend the petition to comply with Fl. Admin. Code R. 61B-45.017 The arbitrator shall reject a petition for noncompliance with Fl. Admin. Code R. 61B-45.017
(5) If the arbitrator preliminarily determines the dispute to fall within the jurisdiction of the division and determines that the petition complies with Fl. Admin. Code R. 61B-45.017, 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 Florida Statutes § 718.117, 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, 7-20-16.