61B-80.124: Department Fee.
PURPOSE AND EFFECT: This rule provides for the recovery of division fees and costs incurred in the implementation of the homeowners’ association arbitration program.
SUMMARY: This rule addresses the alternative dispute resolution program administered by the Division of Florida Condominiums, Timeshares, and Mobile Homes for homeowner association election and recall disputes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 720.311 FS.
LAW IMPLEMENTED: 720.311 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 21, 2009, 9:00 a.m.
PLACE: The Northwood Centre, Suite 16, Conference Room, 1940 N. Monroe Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Sharon A. Malloy, Senior Management Analyst II at (850)488-1631. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sharon A. Malloy, Senior Management Analyst II, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32311-1030, (850)488-1631
THE FULL TEXT OF THE PROPOSED RULE IS:
61B-80.124 Department Fee.
(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 employees who perform work on the case. The “Labor Cost” for an employee shall be calculated as follows: [(P x 1.35)/W] x H. Where P = the biweekly pay of the lowest pay grade for the employee’s position title; 1.35 is a multiplier that takes into account the cost of pay and benefits for an employee; W = the biweekly contract hours for the employee; and H = hours directly related to the arbitration proceeding worked by the employee.
(b) The cost a contractor charges the department for any work directly related to the arbitration proceeding.
(c) Other proceeding costs directly related to the proceeding. For example direct costs include, but are not limited to, travel, long distance charges and photocopy expenses.
(3) If the arbitration proceeding involves an election dispute, petitioner and respondent shall be charged an equal share of the department’s fee. Where the arbitration dispute involves a recall dispute, only the association shall be charged the department’s fee.
(4) The department will send the party or parties an invoice for the department’s fee. The petitioner and respondent shall pay the fee within thirty days of the date of the invoice. The department’s acceptance of less than full payment by a party shall not be considered a waiver of its right to the full amount of the fee. The department’s acceptance of the payment by one party does not relieve the other party or parties from payment of their share of the fee.
(5) The department shall have the right to collect any unpaid fee to the fullest extent permitted by the laws of this state.
Rulemaking Authority 720.311(1) FS. Law Implemented 720.311(1) FS. History–New________.