CHAPTER 61B-45 THE MANDATORY NON …

1 CHAPTER 61B-45 THE MANDATORY NON- binding arbitration rules OF , Organization, Forms, Purpose, and and Procedure. (Repealed) May Appear; Criteria for Other Qualified Representatives; Standards of of Conduct for arbitration Proceedings. (Repealed) with (Repealed) of Time; Service by ; Service of Papers; ; Temporary or Interim Injunctive or Emergency (Repealed) Eligible or Ineligible for ; Appearances; Substitution and Withdrawal of Procedure for Determination of of arbitration Proceedings; Content of of arbitration Petitions; Notification to and and Final Orders on in Opposition to Petitions. (Repealed) (Repealed) and Witnesses; Recognition of Facts. (Repealed) Hearings or Proceedings by Telephone. (Repealed) Disposition by Arbitrator. (Repealed) Disposition; Simplified arbitration Procedure; No Disputed Issues of Material arbitration ; Waiver of Formal Hearing. (Repealed) Conference; Prehearing Stipulation. (Repealed) of Final Hearing; Scheduling; Venue; ; Effect of Continuances.

2 (Repealed) or Voluntary Dismissal of Petition; of Proceedings by Record and of Formal Hearing; (Repealed) Memorandum. (Repealed) Orders; Appeals; for of Final Order; Complaint for Trial de Novo. (Repealed) with Final Order. (Repealed) for Costs and Attorney s Scope, Organization, Forms, Purpose, and Title.(1) This CHAPTER shall be entitled The MANDATORY Non- binding arbitration rules of Procedure and shall be construed tosecure the just, speedy and inexpensive determination of every proceeding. Specifically, this CHAPTER applies to all proceedings formandatory non- binding arbitration held pursuant to Section , (1991) and Section , (1992 Supp.). Thischapter does not apply to recall arbitrations commenced pursuant to Section (2)(k) or (1)(f), (1992 Supp.);recall arbitrations shall be governed by CHAPTER 61B-50, (2) All petitions and other papers filed with the division shall be filed at the official headquarters of the Division of FloridaLand Sales, Condominiums and Mobile Homes, Attention: arbitration Program, Northwood Centre, 1940 North Monroe Street,Tallahassee, Florida 32399-1030.

3 A subject-matter index of arbitration orders may be requested by writing to the arbitration Clerkat this address.(3) In order to file a petition for arbitration , a petitioner must use DBPR form ARB 6000-001, MANDATORY NON- binding PETITION FORM, incorporated herein by reference and effective 7-4-04. In order for someone who is not a memberof the Florida Bar to represent a party in a proceeding, the person must file a completed DBPR form ARB 6000-002, QUALIFIEDREPRESENTATIVE APPLICATION, incorporated herein by reference and effective 7-4-04. An answer to a petition forarbitration must be filed using DBPR form ARB 6000-003, ANSWER TO PETITION, incorporated herein by reference andeffective 2-17-98, and revised April 30, 1998. A request for an expedited determination of whether jurisdiction exists to hear aparticular dispute shall be filed on DBPR form ARB 6000-004, REQUEST FOR EXPEDITED DETERMINATION OFJURISDICTION, incorporated herein by reference and effective 7-4-04.

4 Copies of the forms referenced in these rules may beobtained by writing: Department of Business and Professional Regulation, Division of Florida Land Sales, Condominiums andMobile Homes, arbitration Section, Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida 32399-1030. All formsmay be obtained online at Authority , FS. Law Implemented , FS. History-New 4-1-92, Amended 2-2-93, Formerly , Amended 6-19-96, 12-10-96, 2-17-98, Who May Appear; Criteria for Other Qualified Representatives; Standards of Conduct.(1) Any person who appears before any arbitrator has the right, at that person s own expense, to be accompanied, representedand advised by a member of the Florida Bar or by a qualified representative who does not need to be an attorney, but who shalldemonstrate his or her familiarity with and understanding of the arbitration rules of procedure, and with any relevant portions ofChapter 718 or 719, , and the rules promulgated by the Division.

5 (2) If a person wishes to be represented by a qualified non-attorney representative, he or she shall file with the arbitrator acompleted DBPR form ARB96-002, QUALIFIED REPRESENTATIVE APPLICATION, incorporated in subsection (3), Florida Administration Code. Based on the information provided on the completed form, and based on the responses toany inquiries made by the arbitrator concerning the applicant s familiarity and understanding of the statute and rules applicable tothe proceeding, the arbitrator shall determine whether the prospective representative is authorized and qualified to appear in thearbitration proceedings and capable of representing the rights and interests of the person.(3) Members of The Florida Bar and certified law students are bound by a broad code of ethics. For other qualifiedrepresentatives, the following standards have been written. These standards of conduct are adopted as a MANDATORY guide for allrepresentatives appearing in any arbitration proceeding, except counsel subject to the disciplinary procedures of The Florida Bar.

6 (4) Standards of Conduct.(a) A representative shall exercise due diligence in the filing and argument of any motion or pleading to ensure that the motionor pleading is filed and argued in good faith.(b) The signature of a representative upon any motion or pleading shall constitute a certificate that the representative has readthe motion or pleading, that to the best of the representative s knowledge it is supported by good grounds and that it has not beenpresented solely for delay.(c) A representative shall advise the client to observe and to obey the law.(d) A representative shall not:1. Engage in conduct involving dishonesty, fraud, deceit or misrepresentation; or engage in conduct that is prejudicial to theadministration of the arbitration process;2. File a pleading, assert a position, conduct a defense, delay an arbitration proceeding or take other action on behalf of theclient when such action would serve merely to harass or maliciously injure another;3.

7 Handle a legal or factual matter which the representative knows or should know that the representative is not competent tohandle without associating an attorney or another qualified representative; or handle a legal or factual matter without adequatepreparation;4. State or imply that he or she is able to improperly influence the arbitrator or any agency or public official;5. Communicate or cause another to communicate with an adverse party regarding matters at issue in the arbitrationproceeding where the representative knows that the adverse party is represented by an attorney or other qualified representative;6. Disregard or advise the client to disregard a rule or statute of an agency or a ruling of an arbitrator made in the course of anarbitration proceeding;7. Conceal or knowingly fail to disclose that which one is bound to reveal by law;8. Knowingly use perjured testimony or false evidence, or suppress any evidence that the representative or the client shouldproduce;9.

8 Knowingly make a false statement of law or fact;10. Advise or cause a person to secrete himself or leave the jurisdiction of any agency for the purpose of making the personunavailable as a witness therein; pay, offer to pay or acquiesce in the payment of compensation to a witness contingent upon thecontent of the witness testimony or the outcome of the case; counsel or advise a witness to provide other than honest Authority , FS. Law Implemented , FS. History-New 4-1-92, Amended 2-2-93, Formerly , Amended Communication with Arbitrator.(1) While a case is pending and within 15 days of entry of a final order, no party or other person directly or indirectlyinterested in an arbitration proceeding nor anyone authorized to act on behalf of a party or other interested person shallcommunicate verbally or in writing in the absence of all parties with an arbitrator or with the Department of Business andProfessional Regulation relative to the merits of the arbitration proceeding, threaten an arbitrator, or offer an arbitrator any reward.

9 (2) An arbitrator who has received a communication prohibited by this rule, or who has received a threat or offer of reward byany person with respect to the conduct or outcome of a proceeding, shall place upon the record all written communicationsreceived, all written responses to such communications and a memorandum stating the substance of all oral communicationsreceived and all oral responses made, simultaneously serving all Authority , FS. Law Implemented , FS. History-New 4-1-92, Amended 2-2-93, Formerly , Amended 6-19-96, Computation of Time; Service by Mail.(1) In computing any period of time prescribed or allowed for the filing or service ( , mailing) of any document, the day ofthe act from which the designated period of time begins to run shall not be included. The last day of the period shall be includedunless it is a Saturday, Sunday or legal holiday as prescribed by Section , , in which event the period shall run until theend of the next business day.

10 When the period of time allowed is 7 days or less, intermediate Saturdays, Sundays, and legalholidays shall be excluded in the computation.(2) Additional Time After Service By Mail. Unless otherwise ordered by the arbitrator, during the pendency of a case, when aparty is required or permitted by these rules or by order of the arbitrator to do an act within a prescribed period after the service ofa document and that document is served by regular mail, five days shall be added to the prescribed period. No additional timeshall be added to the prescribed period if service is made by hand, facsimile transmission, or other electronic transmission. Noadditional time is added for filing a motion for rehearing that must be filed ( , received by the agency) within 15 days of entry ofa final order, or a motion for costs and attorney s fees that must be filed within 45 days of entry of the final order as required byRule , , unless an appeal for trial de novo has been timely filed in the courts.