Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 2504

747022

CHAMBER ACTION

Senate

Comm: RCS

4/15/2008

House

The Committee on Regulated Industries (Dean) recommended the

following amendment to amendment (972338):

Senate Amendment (with title amendment)

Between line(s) 519 and 520

insert:

Section 10. Paragraph (d) of subsection (1) of section

34.01, Florida Statutes, is amended to read:

34.01 Jurisdiction of county court.--

(1) County courts shall have original jurisdiction:

(d) Of disputes occurring in the homeowners' associations

as described in part IV of chapter 720 s. 720.311(2)(a), which

shall be concurrent with jurisdiction of the circuit courts.

Section 11. Subsection (2) of section 720.302, Florida

Statutes, is amended to read:

720.302 Purposes, scope, and application.--

(2) The Legislature recognizes that it is not in the best

interest of homeowners' associations or the individual

association members thereof to create or impose a bureau or other

agency of state government to regulate the affairs of homeowners'

associations. However, in accordance with part IV of chapter 720

s. 720.311, the Legislature finds that homeowners' associations

and their individual members will benefit from an expedited

alternative process for resolution of election and recall

disputes and presuit mediation of other disputes involving

covenant enforcement in homeowner's associations and deed

restricted communities using the procedures provided in part IV

of and authorizes the department to hear, administer, and

determine these disputes as more fully set forth in this chapter.

Further, the Legislature recognizes that certain contract rights

have been created for the benefit of homeowners' associations and

members thereof as well as deed restricted communities before the

effective date of this act and that ch. 720 is ss. 720.301-

720.407 are not intended to impair such contract rights,

including, but not limited to, the rights of the developer to

complete the community as initially contemplated.

Section 12. Section 720.311, Florida Statutes, is repealed

for disputes subject to dispute resolution by the department

under this section which arise after the effective date of this

act.

Section 13. Part IV of chapter 720, Florida Statutes, to be

entitled "Dispute Resolution" consisting of sections 720.501,

720.502, 720.503, and 720.504, 720.505, 720.506, 720.507,

720.508, 720.509, and 720.510, is created to read:

720.501 Short title.--This part may be cited as the "Home

Court Advantage Dispute Resolution Act."

720.502 Legislative findings.--The Legislature finds that

alternative dispute resolution has made progress in reducing

court dockets and trials and in offering a more efficient, cost-

effective option to litigation.

720.503 Applicability of this part.--

(1) Unless otherwise provided in this part, before a

dispute described herein between a homeowners' association and

a parcel owner or owners, or a dispute between parcel owners

within the same homeowners association, may be filed in court the

dispute is subject to presuit mediation pursuant to s. 720.505 or

presuit arbitration pursuant to s.720.507, at the option of the

aggrieved party who initiates the first formal action of

alternative dispute resolution under this part. The parties may

mutually agree to participate in both presuit mediation and by

presuit arbitration prior to suit being filed by either party.

(2) Unless otherwise provided in this part, the mediation

and arbitration provisions of this part are limited to disputes

between an association and a parcel owner or owners or between

parcel owners regarding the use of or changes to the parcel or

the common areas under the governing documents and other disputes

involving violations of the recorded declaration of covenants or

other governing documents, disputes arising concerning

enforcement of the governing documents or any amendments thereto,

and disputes involving access to the official records of the

association. A dispute concerning title to any parcel or common

area, interpretation or enforcement of any warranty, the levy of

a fee or assessment, the collection of an assessment levied

against a party, the eviction or other removal of a tenant from a

parcel, alleged breaches of fiduciary duty by one or more

directors, or any action to collect mortgage indebtedness or to

foreclosure a mortgage shall not be subject to the provisions of

this part.

(3) All disputes arising after the effective date of this

part involving the election of the board of directors for an

association or the recall of any member of the board or officer

of the association shall not be eligible for presuit mediation

under s. 720.505, but shall be subject to the provisions

concerning presuit arbitration under s. 720.507.

(4) In any dispute subject to presuit mediation or presuit

arbitration under this part for which emergency relief is

required, a motion for temporary injunctive relief may be filed

with the court without first complying with the presuit mediation

or presuit arbitration requirements of this part. After any

issues regarding emergency or temporary relief are resolved, the

court may refer the parties to a mediation program administered

by the courts or require mediation or arbitration under this

part.

(5) The mailing of a statutory notice of presuit mediation

or presuit arbitration as provided in this part shall toll the

applicable statute of limitations during the pendency of the

mediation or arbitration and for a period of 30 days following

the conclusion of either proceeding. The 30 day period will start

upon the filing of the mediator's notice of impasse or the

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arbitrator's written arbitration award. If the parties mutually

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agree to participate in both presuit mediation and presuit

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arbitration under this part, then the tolling of the applicable

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statute of limitations for each such alternative dispute

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resolution proceeding shall be consecutive.

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720.504 Notice of violation.--Prior to giving the statutory

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notice to proceed under presuit medication or presuit arbitration

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under this part, the aggrieved association or parcel owner shall

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first provide written notice of the alleged violation to the

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alleged violator in the manner provided by this section.

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(1) The notice of violation shall be delivered to the

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alleged violator by certified mail, return receipt requested, or

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the notice of violation may be hand delivered and the person

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making delivery shall file with their notice of mediation either

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the proof of receipt of mailing or an affidavit stating the date

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and time of the delivery of the notice of violation. If the

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notice is delivered by certified mail, return receipt requested

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and the alleged violator fails or refuses to accept delivery,

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notice shall be considered properly delivered for purposes of

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this section on the date of the first attempted delivery.

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(2) The notice of violation shall state with specificity

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the nature of the alleged violation, including the date, time and

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location of each violation and the action requested to abate or

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otherwise correct the violation. The notice shall also include

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the text of any provision in the governing documents, including

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the rules and regulations, of the association that have allegedly

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been violated.

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(3) Unless the parties otherwise agree in writing to a

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longer time period for abatement, the party receiving the notice

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of violation shall have 10 days from the date of receipt of

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notice to correct the violation. If the alleged violation has

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not been abated within or otherwise corrected within the 10-day

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period, the party alleging the violation may proceed under this

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part at any time thereafter within the applicable statute of

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limitations.

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(4) A copy of the notice and the text of the provision in

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the governing documents or the rules and regulations of the

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association that has allegedly been violated, along with proof of

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service of the notice of violation and a copy of any written

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responses received from the alleged violator, shall be included

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as an exhibit to any demand for mediation or arbitration under

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this part.

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720.505 Presuit mediation.--

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(1) Disputes between an association and a parcel owner or

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owners and between parcel owners must be submitted to presuit

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mediation before the dispute may be filed in court, or at the

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election of the party initiating the presuit procedures such

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dispute may be submitted to presuit arbitration pursuant to s.

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720.507, before the dispute may be filed in court. An aggrieved

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party who elects to utilize the presuit mediation procedure under

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this section shall serve on the responding party a written notice

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of presuit mediation in substantially the following form:

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STATUTORY NOTICE OF PRESUIT MEDIATION

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THE ALLEGED AGGRIEVED PARTY, ____________________,

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HEREBY DEMANDS THAT ____________________, AS THE

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RESPONDING PARTY, ENGAGE IN MANDATORY PRESUIT MEDIATION

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IN CONNECTION WITH A DISPUTE(S) WITH YOU, WHICH BY

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STATUTE ARE OF A TYPE THAT ARE SUBJECT TO PRESUIT

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MEDIATION:

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ATTACHED IS A COPY OF THE PRIOR NOTICE OF VIOLATION

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WHICH DETAILS THE SPECIFIC NATURE OF THE DISPUTE(S)TO

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BE MEDIATED AND THE AUTHORITY SUPPORTING A FINDING OF A

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VIOLATION AS TO EACH DISPUTE, INCLUDING, BUT NOT

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LIMITED TO, THE APPLICABLE PROVISIONS OF THE GOVERNING

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DOCUMENTS OF THE ASSOCIATION BELIEVED TO APPLY TO THE

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DISPUTE BETWEEN THE PARTIES, AND A COPY OF THE NOTICE

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YOU RECEIVED OR REFUSED AND COPIES OF ANY WRITTEN

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RESPONSE(S) RECEIVED FROM YOU ABOUT THIS DISPUTE.

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PURSUANT TO PART IV OF CHAPTER 720, FLORIDA STATUTES,

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THIS DEMAND TO RESOLVE THE DISPUTE THROUGH PRESUIT

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MEDIATION IS REQUIRED BEFORE A LAWSUIT CAN BE FILED

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CONCERNING THE DISPUTE. PURSUANT TO FLORIDA STATUTES,

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THE PARTIES ARE REQUIRED TO ENGAGE IN PRESUIT MEDIATION

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WITH A NEUTRAL THIRD-PARTY MEDIATOR IN ORDER TO ATTEMPT

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TO RESOLVE THIS DISPUTE WITHOUT COURT ACTION, AND THE

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AGGRIEVED PARTY DEMANDS THAT YOU PARTICIPATE IN THIS

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PROCESS. UNLESS YOU RESPOND TO THIS NOTICE BY FILING

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WITH THE AGGRIEVED PARTY A NOTICE OF OPTING OUT AND

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DEMAND FOR ARBITRATION UNDER S. 720.506, YOUR FAILURE

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TO PARTICIPATE IN THE MEDIATION PROCESS MAY RESULT IN A

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LAWSUIT BEING FILED IN COURT AGAINST YOU WITHOUT

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FURTHER NOTICE.

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THE PROCESS OF MEDIATION INVOLVES A SUPERVISED

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NEGOTIATION PROCESS IN WHICH A TRAINED, NEUTRAL THIRD-

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PARTY MEDIATOR MEETS WITH BOTH PARTIES AND ASSISTS THEM

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IN EXPLORING POSSIBLE OPPORTUNITIES FOR RESOLVING PART

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OR ALL OF THE DISPUTE. BY AGREEING TO PARTICIPATE IN

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PRESUIT MEDIATION, YOU ARE NOT BOUND IN ANY WAY TO

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CHANGE YOUR POSITION. FURTHERMORE, THE MEDIATOR HAS NO

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AUTHORITY TO MAKE ANY DECISIONS IN THIS MATTER OR TO

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DETERMINE WHO IS RIGHT OR WRONG AND MERELY ACTS AS A

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FACILITATOR TO ENSURE THAT EACH PARTY UNDERSTANDS THE

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POSITION OF THE OTHER PARTY AND THAT ALL OPTIONS FOR

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REASONABLE SETTLEMENT ARE FULLY EXPLORED.

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IF AN AGREEMENT IS REACHED, IT SHALL BE REDUCED TO

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WRITING AND BECOME A BINDING AND ENFORCEABLE CONTRACT

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BETWEEN THE PARTIES. A RESOLUTION OF ONE OR MORE

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DISPUTES IN THIS FASHION AVOIDS THE NEED TO LITIGATE

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THESE ISSUES IN COURT. THE FAILURE TO REACH AN

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AGREEMENT, OR THE FAILURE OF A PARTY TO PARTICIPATE IN

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THE PROCESS, RESULTS IN THE MEDIATOR DECLARING AN

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IMPASSE IN THE MEDIATION, AFTER WHICH THE AGGRIEVED

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PARTY MAY PROCEED TO FILE A LAW SUIT ON ALL

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OUTSTANDING, UNSETTLED DISPUTES. IF YOU HAVE FAILED OR

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REFUSED TO PARTICIPATE IN THE ENTIRE MEDIATION PROCESS,

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YOU WILL NOT BE ENTITLED TO RECOVER ATTORNEY'S FEES IF

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YOU PREVAIL IN A SUBSEQUENT COURT PROCEEDING INVOLVING

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THE SAME DISPUTE.

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THE AGGRIEVED PARTY HAS SELECTED FROM A LIST OF

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ELIGIBLE QUALIFIED MEDIATORS AT LEAST FIVE CERTIFIED

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MEDIATORS WHO THE AGGRIEVED PARTY BELIEVES TO BE

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NEUTRAL AND QUALIFIED TO MEDIATE THE DISPUTE. YOU HAVE

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THE RIGHT TO SELECT ANY ONE OF THESE MEDIATORS. THE

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FACT THAT ONE PARTY MAY BE FAMILIAR WITH ONE OR MORE OF

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THE LISTED MEDIATORS DOES NOT MEAN THAT THE MEDIATOR

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CANNOT ACT AS A NEUTRAL AND IMPARTIAL FACILITATOR. THE

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NAMES OF THE MEDIATORS THAT THE AGGRIEVED PARTY HEREBY

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SUBMITS TO YOU FROM WHOM YOU MAY CHOOSE ONE, AND THEIR

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CURRENT ADDRESSES, TELEPHONE NUMBERS AND HOURLY RATES,

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ARE AS FOLLOWS:

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(LIST THE NAMES, ADDRESSES, TELEPHONE NUMBERS, AND

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HOURLY RATES OF THE MEDIATORS. OTHER PERTINENT

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INFORMATION ABOUT THE BACKGROUND OF THE MEDIATORS MAY

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BE INCLUDED AS AN ATTACHMENT.)

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YOU MAY CONTACT THE OFFICES OF THESE MEDIATORS TO

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CONFIRM THAT EACH OF THE ABOVE LISTED MEDIATORS WILL BE

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NEUTRAL AND WILL NOT SHOW ANY FAVORITISM TOWARD EITHER

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PARTY. UNLESS OTHERWISE AGREED TO BY THE PARTIES, PART

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IV OF CHAPTER 720, FLORIDA STATUTES, REQUIRES THAT THE

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PARTIES SHARE THE COSTS OF PRESUIT MEDIATION EQUALLY,

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INCLUDING THE FEE CHARGED BY THE MEDIATOR. AN AVERAGE

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MEDIATION MAY REQUIRE 3 TO 4 HOURS OF THE MEDIATOR'S

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TIME, INCLUDING SOME PREPARATION TIME, AND THE PARTIES

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WOULD NEED TO EQUALLY SHARE THE MEDIATOR'S FEES AS WELL

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AS BE RESPONSIBLE FOR ALL OF THEIR OWN ATTORNEY'S FEES

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IF THEY CHOOSE TO EMPLOY AN ATTORNEY IN CONNECTION WITH

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THE MEDIATION. HOWEVER, USE OF AN ATTORNEY IS NOT

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REQUIRED AND IS AT THE OPTION OF EACH PARTY. THE

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MEDIATORS MAY REQUIRE THE ADVANCE PAYMENT OF SOME OR

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ALL OF THE ANTICIPATED FEES. THE AGGRIEVED PARTY HEREBY

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AGREES TO PAY OR PREPAY ONE-HALF OF THE SELECTED

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MEDIATOR'S ESTIMATED FEES AND TO FORWARD THIS AMOUNT OR

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SUCH OTHER REASONABLE ADVANCE DEPOSITS AS THE MEDIATOR

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REQUIRES FOR THIS PURPOSE UPON THE SELECTION OF THE

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MEDIATOR. ANY FUNDS DEPOSITED WILL BE RETURNED TO YOU

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IF THESE FUNDS ARE IN EXCESS OF YOUR SHARE OF THE

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MEDIATOR FEES INCURRED.

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TO BEGIN YOUR PARTICIPATION IN PRESUIT MEDIATION TO TRY

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TO RESOLVE THE DISPUTE WITH YOU AND AVOID FURTHER LEGAL

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ACTION, PLEASE SIGN BELOW AND CLEARLY INDICATE WHICH

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MEDIATOR IS ACCEPTABLE TO YOU FROM THE FIVE MEDIATORS

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LISTED BY THE AGGRIEVED PARTY ABOVE.

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YOU MUST RESPOND IN WRITING TO THIS STATUTORY NOTICE OF

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PRESUIT MEDIATION WITHIN 20 DAYS. IN YOUR RESPONSE YOU

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MUST PROVIDE A LISTING OF AT LEAST THREE DATES AND

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TIMES IN WHICH YOU ARE AVAILABLE TO PARTICIPATE IN THE

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MEDIATION THAT ARE WITHIN 90 DAYS AFTER THE POSTMARKED

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DATE OF THE MAILING OF THIS NOTICE OF PRESUIT MEDIATION

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OR WITHIN 90 DAYS AFTER THE DATE YOU WERE SERVED WITH A

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COPY OF THIS NOTICE. THE AGGRIEVED PARTY WILL THEN ASK

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THE MEDIATOR TO SCHEDULE A MUTUALLY CONVENIENT TIME AND

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PLACE FOR THE MEDIATION CONFERENCE TO BE HELD. IF YOU

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DO NOT PROVIDE A LIST OF AVAILABLE DATES AND TIMES, THE

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MEDIATOR IS AUTHORIZED TO SCHEDULE A MEDIATION

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CONFERENCE WITHOUT TAKING YOUR SCHEDULE AND CONVENIENCE

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INTO CONSIDERATION. IN NO EVENT SHALL THE MEDIATION

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CONFERENCE BE LATER THAN 90 DAYS AFTER THE NOTICE OF

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PRESUIT MEDIATION WAS FIRST SERVED UNLESS ALL PARTIES

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MUTUALLY AGREE OTHERWISE. IN THE EVENT THAT YOU FAIL

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TO RESPOND WITHIN 20 DAYS AFTER THE DATE OF THIS

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NOTICE, FAIL TO PROVIDE THE MEDIATOR WITH DATES AND

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TIMES IN WHICH YOU ARE AVAILABLE FOR THE MEDIATION

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CONFERENCE, FAIL TO AGREE TO AT LEAST ONE OF THE

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MEDIATORS THAT THE AGGRIEVED PARTY HAS LISTED, FAIL TO

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PAY OR PREPAY TO THE MEDIATOR ONE-HALF OF THE COSTS

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INVOLVED, OR FAIL TO APPEAR AND PARTICIPATE AT THE

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SCHEDULED MEDIATION, THE AGGRIEVED PARTY WILL BE

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AUTHORIZED TO PROCEED WITH THE FILING OF A LAWSUIT

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AGAINST YOU WITHOUT FURTHER NOTICE. IN ANY SUBSEQUENT

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COURT ACTION, THE AGGRIEVED PARTY MAY SEEK AN AWARD OF

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REASONABLE ATTORNEY'S FEES AND COSTS INCURRED IN

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ATTEMPTING TO OBTAIN MEDIATION.

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PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION. BY

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LAW, YOUR RESPONSE MUST BE MAILED BY CERTIFIED, FIRST-

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CLASS MAIL, RETURN RECEIPT REQUESTED, TO THE AGGRIEVED

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PARTY LISTED ABOVE AT THE ADDRESS SHOWN ON THIS NOTICE

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AND POSTMARKED NO MORE THAN 20 DAYS AFTER THE DATE OF

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THE POSTMARKED DATE FOR THIS NOTICE OR WITHIN 20 DAYS

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AFTER THE DATE UPON WHICH YOU WERE SERVED WITH A COPY

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OF THIS NOTICE.

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________________________

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SIGNATURE OF AGGRIEVED PARTY

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______________________

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PRINTED NAME OF AGGRIEVED PARTY

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RESPONDING PARTY: YOUR SIGNATURE BELOW INDICATES YOUR

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ACCEPTANCE OF THE AGREEMENT TO MEDIATE.

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AGREEMENT TO MEDIATE

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THE UNDERSIGNED HEREBY AGREES TO PARTICIPATE IN PRESUIT

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MEDIATION AND AGREES TO ATTEND A MEDIATION CONDUCTED BY

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THE FOLLOWING MEDIATOR(S) LISTED BELOW AS ACCEPTABLE

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TO MEDIATE THIS DISPUTE:

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(LIST ONE ACCEPTABLE MEDIATOR FROM THOSE LISTED BY THE

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AGGRIEVED PARTY.)

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THE UNDERSIGNED HEREBY REPRESENTS THAT HE OR SHE CAN

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ATTEND AND PARTICIPATE IN THE PRESUIT MEDIATION AT THE

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FOLLOWING DATES AND TIMES:

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(LIST AT LEAST THREE AVAILABLE DATES AND TIMES WITHIN

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THE 90-DAY TIME LIMIT DESCRIBED ABOVE.)

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I/WE FURTHER AGREE TO PAY OR PREPAY ONE-HALF OF THE

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MEDIATOR'S FEES AND TO FORWARD SUCH ADVANCE DEPOSITS AS

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THE MEDIATOR MAY REQUIRE FOR THIS PURPOSE.

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______________________________

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SIGNATURE OF RESPONDING PARTY #1

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______________________________

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TELEPHONE CONTACT INFORMATION

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______________________________

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SIGNATURE AND TELEPHONE CONTACT INFORMATION OF

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RESPONDING PARTY #2, IF APPLICABLE. IF THE PROPERTY IS

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OWNED BY MORE THAN ONE PERSON, ALL PARCEL OWNERS OR

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UNIT OWNERS WHO ARE SUBJECT OF THE DISPUTE MUST SIGN OR

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HAVE A PERSON ACTING UNDER AUTHORITY OF A POWER OF

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ATTORNEY SIGN.

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(2)(a) Service of the notice of presuit mediation shall be

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effected either by personal service, as provided in chapter 48,

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or by certified mail, return receipt requested, in a letter in

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substantial conformity with the form provided in subsection (1),

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with an additional copy being sent by regular first-class mail,

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to the address of the responding party as it last appears on the

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books and records of the association or if not available, then as

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it last appears in the official records of the county property

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appraiser where the parcel in dispute is located. The responding

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party has either 20 days after the postmarked date of the mailing

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of the statutory notice or 20 days after the date the responding

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party is served with a copy of the notice to serve a written

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response to the aggrieved party. The response shall be served by

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certified mail, return receipt requested, with an additional copy

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being sent by regular first-class mail, to the address shown on

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the statutory notice. The date of the postmark on the envelope

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for the response shall constitute the date that the response is

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served. Once the parties have agreed on a mediator, the mediator

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may schedule or reschedule the mediation for a date and time

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mutually convenient to the parties within 90 days after the date

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of service of the statutory notice. After such 90-day period, the

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mediator may reschedule the mediation only upon the mutual

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written agreement of all the parties.

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(b) The parties shall share the costs of presuit mediation

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equally, including the fee charged by the mediator, if any,

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unless the parties agree otherwise, and the mediator may require

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advance payment of his or her reasonable fees and costs. Each

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party shall be responsible for their own attorney's fees if a

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party chooses to be represented by an attorney at the mediation.

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provide a notice of opting out under s. 720.506, and demand

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arbitration, or the responding party shall sign the agreement to

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mediate included in the notice of presuit mediation and clearly

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indicate the name of the mediator who is acceptable from the five

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names provided by the aggrieved party; and the responding party

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must provide in their response a list of dates and times in which

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the responding party is available to participate in the mediation

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within 90 days after the date the responding party was served,

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either by process server or by certified mail, with the statutory

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notice of presuit mediation.

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(d) The mediator who has been selected and agreed to

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mediate must schedule the mediation conference at a mutually

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convenient time and place within that 90-day period, but if the

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responding party does not provide a list of available dates and

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times, the mediator is authorized to schedule a mediation

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conference without taking the responding party's schedule and

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convenience into consideration. Within 10 days after the

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designation of the mediator, the mediator shall coordinate with

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the parties and notify the parties in writing of the date, time,

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and place of the mediation conference.

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(e) The mediation conference must be held on the scheduled

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date and may be rescheduled if a rescheduled date is approved by

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the mediator. However, in no event shall the mediation be held

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later than 90 days after the notice of presuit mediation was

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first served, unless all parties mutually agree in writing

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otherwise. If the presuit mediation is not completed within the

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required time limits the mediator shall declare an impasse unless

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the mediation date is extended by mutual written agreement by all

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parties and approved by the mediator.

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(f) If the responding party fails to respond within 30 days

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after the date of service of the statutory notice of presuit

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mediation, fails to agree either to at least one of the mediators

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listed by the aggrieved party in the notice, fails to pay or

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prepay to the mediator one-half of the costs of the mediator, or

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fails to appear and participate at the scheduled mediation, the

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aggrieved party shall be authorized to proceed with the filing of

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a lawsuit without further notice.

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(g)1. The failure of any party to respond to the statutory

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notice of presuit mediation within 20 days, the failure to agree

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upon a mediator, the failure to provide a listing of dates and

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times in which the responding party is available to participate

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in the mediation within 90 days after the date the responding

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party was served with the statutory notice of presuit mediation,

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the failure to make payment of fees and costs within the time

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established by the mediator, or the failure to appear for a

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scheduled mediation session without the approval of the mediator,

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shall in each instance constitute a failure or refusal to

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participate in the mediation process and shall operate as an

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impasse in the presuit mediation by such party, entitling the

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other party to file a lawsuit in court and to seek an award of

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the costs and attorney's fees associated with the mediation.

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2. Persons who fail or refuse to participate in the entire

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mediation process may not recover attorney's fees and costs in

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subsequent litigation relating to the same dispute between the

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same parties. If any presuit mediation session cannot be

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scheduled and conducted within 90 days after the offer to

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participate in mediation was filed, through no fault of either

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party, then an impasse shall be deemed to have occurred unless

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the parties mutually agree in writing to extend this deadline. In

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the event of such impasse, each party will be responsible for its

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own costs and attorney's fees and one-half of any mediator fees

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and filing fees, and either party may file a lawsuit in court

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regarding the dispute.

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720.506 Opt-out of presuit mediation. - A party served with

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a notice of presuit mediation under s. 720.505, may opt out of

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presuit mediation and demand that the dispute proceed under non-

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binding arbitration in the following manner provided in this

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section:

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(1) In lieu of a response to the notice of presuit

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mediation as required under s. 720.505, the responding party may

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serve upon the aggrieved party in the same manner as the response

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to a notice for presuit mediation under s. 720.505, a notice of

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opting out of mediation and demand that the dispute instead

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proceed to presuit arbitration under s. 720.507.

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(2) The aggrieved party shall be relieved from having to

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satisfy the requirements of s. 720.504 as a condition precedent

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to filing the demand for presuit arbitration.

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(3) Except as otherwise provided in this part, the choice

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of which presuit alternative dispute resolution procedure is

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utilized shall be at the election of the aggrieved party who

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first initiated such proceeding after complying with the

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provisions of s. 720.504.

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720.507 Presuit arbitration.--

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(1) Disputes between an association and a parcel owner or

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owners and disputes between parcel owners are subject to a demand

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for presuit arbitration pursuant to s. 720.507, before the

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dispute may be filed in court. A party who elects to utilize the

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presuit arbitration procedure under this part shall serve on the

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responding party a written notice of presuit arbitration in

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substantially the following form:

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STATUTORY NOTICE OF PRESUIT ARBITRATION

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THE ALLEGED AGGRIEVED PARTY, ____________________,

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HEREBY DEMANDS THAT ____________________, AS THE

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RESPONDING PARTY, ENGAGE IN MANDATORY PRESUIT

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ARBITRATION IN CONNECTION WITH THE FOLLOWING DISPUTE(S)

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WITH YOU, WHICH BY STATUTE ARE OF A TYPE THAT ARE

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SUBJECT TO PRESUIT ARBITRATION:

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(LIST SPECIFIC NATURE OF THE DISPUTE OR DISPUTES TO BE

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ARBITRATED AND THE AUTHORITY SUPPORTING A FINDING OF A

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VIOLATION AS TO EACH DISPUTE, INCLUDING, BUT NOT

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LIMITED TO, ALL APPLICABLE PROVISIONS OF THE GOVERNING

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DOCUMENTS BELIEVED TO APPLY TO THE DISPUTE BETWEEN THE

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PARTIES.)

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PURSUANT TO PART IV OF CHAPTER 720, FLORIDA STATUTES,

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THIS DEMAND TO RESOLVE THE DISPUTE THROUGH PRESUIT

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ARBITRATION IS REQUIRED BEFORE A LAWSUIT CAN BE FILED

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CONCERNING THE DISPUTE. PURSUANT TO FLORIDA STATUTES,

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THE PARTIES ARE REQUIRED TO ENGAGE IN PRESUIT

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ARBITRATION WITH A NEUTRAL THIRD-PARTY ARBITRATOR IN

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ORDER TO ATTEMPT TO RESOLVE THIS DISPUTE WITHOUT COURT

487

ACTION, AND THE AGGRIEVED PARTY DEMANDS THAT YOU

488

PARTICIPATE IN THIS PROCESS. IF YOU FAIL TO PARTICIPATE

489

IN THE ARBITRATION PROCESS, A LAWSUIT MAY BE BROUGHT

490

AGAINST YOU IN COURT WITHOUT FURTHER WARNING.

491

492

THE PROCESS OF ARBITRATION INVOLVES A NEUTRAL THIRD

493

PERSON WHO CONSIDERS THE LAW AND FACTS PRESENTED BY THE

494

PARTIES AND RENDERS A WRITTEN DECISION CALLED AN

495

"ARBITRATION AWARD" . PURSUANT TO S. 720.507, FLORIDA

496

STATUTES, THE ARBITRATION AWARD SHALL BE FINAL UNLESS A

497

LAWSUIT IS FILED IN A COURT OF COMPETENT JURISDICTION

498

FOR THE JUDICIAL CIRCUIT IN WHICH THE PARCEL(S)

499

GOVERNED BY THE HOMEOWNERS' ASSOCIATION IS/ARE LOCATED

500

WITHIN 30 DAYS AFTER THE DATE THAT THE ARBITRATION

501

AWARD.

502

503

IF A SETTLEMENT AGREEMENT IS REACHED BEFORE THE

504

ARBITRATION AWARD, IT SHALL BE REDUCED TO WRITING AND

505

BECOME A BINDING AND ENFORCEABLE CONTRACT OF THE

506

PARTIES. A RESOLUTION OF ONE OR MORE DISPUTES IN THIS

507

FASHION AVOIDS THE NEED TO ARBITRATE THESE ISSUES OR TO

508

LITIGATE THESE ISSUES IN COURT AND SHALL BE THE SAME AS

509

A SETTLEMENT AGREEMENT REACHED BETWEEN THE PARTIES

510

UNDER S. 720.505, FLORIDA STATUTES. THE FAILURE OF A

511

PARTY TO PARTICIPATE IN THE ARBITRATION PROCESS MAY

512

RESULT IN THE ARBITRATOR ISSUING AN ARBITRATION AWARD

513

BY DEFAULT IN THE ARBITRATION. IF YOU HAVE FAILED OR

514

REFUSED TO PARTICIPATE IN THE ENTIRE ARBITRATION

515

PROCESS, YOU WILL NOT BE ENTITLED TO RECOVER ATTORNEY'S

516

FEES, EVEN IF YOU PREVAIL IN A SUBSEQUENT COURT

517

PROCEEDING INVOLVING THE SAME DISPUTE BETWEEN THE SAME

518

PARTIES.

519

520

THE AGGRIEVED PARTY HAS SELECTED AT LEAST FIVE

521

ARBITRATORS WHO THE AGGRIEVED PARTY BELIEVES TO BE

522

NEUTRAL AND QUALIFIED TO ARBITRATE THE DISPUTE. YOU

523

HAVE THE RIGHT TO SELECT ANY ONE OF THE ARBITRATORS.

524

THE FACT THAT ONE PARTY MAY BE FAMILIAR WITH ONE OR

525

MORE OF THE LISTED ARBITRATORS DOES NOT MEAN THAT THE

526

ARBITRATOR CANNOT ACT AS A NEUTRAL AND IMPARTIAL

527

ARBITRATOR. ANY ARBITRATOR WHO CANNOT ACT IN THIS

528

CAPACITY IS REQUIRED ETHICALLY TO DECLINE TO ACCEPT

529

ENGAGEMENT. THE NAMES OF THE FIVE ARBITRATORS THAT THE

530

AGGRIEVED PARTY HAS CHOSEN FROM WHICH YOU MAY SELECT

531

ONE, AND THEIR CURRENT ADDRESSES, TELEPHONE NUMBERS AND

532

HOURLY RATES, ARE AS FOLLOWS:

533

534

(LIST THE NAMES, ADDRESSES, TELEPHONE NUMBERS, AND

535

HOURLY RATES OF AT LEAST FIVE ARBITRATORS.

536

537

YOU MAY CONTACT THE OFFICES OF THESE ARBITRATORS TO

538

CONFIRM THAT THE LISTED ARBITRATORS WILL BE NEUTRAL AND

539

WILL NOT SHOW ANY FAVORITISM TOWARD EITHER PARTY.

540

541

UNLESS OTHERWISE AGREED TO BY THE PARTIES, PART IV OF

542

CHAPTER 720, FLORIDA STATUTES, REQUIRES THAT THE

543

PARTIES SHARE THE COSTS OF PRESUIT ARBITRATION EQUALLY,

544

INCLUDING THE FEE CHARGED BY THE ARBITRATOR. THE

545

PARTIES SHALL BE RESPONSIBLE FOR THEIR OWN ATTORNEY'S

546

FEES IF THEY CHOOSE TO EMPLOY AN ATTORNEY IN CONNECTION

547

WITH THE ARBITRATION. HOWEVER, USE OF AN ATTORNEY TO

548

REPRESENT YOU FOR THE ARBITRATION IS NOT REQUIRED. THE

549

ARBITRATOR SELECTED MAY REQUIRE THE ADVANCE PAYMENT OF

550

SOME OR ALL OF THE ANTICIPATED FEES. THE AGGRIEVED

551

PARTY HEREBY AGREES TO PAY OR PREPAY ONE-HALF OF THE

552

SELECTED ARBITRATOR'S ESTIMATED FEES AND TO FORWARD

553

THIS AMOUNT OR SUCH OTHER REASONABLE ADVANCE DEPOSITS

554

AS THE ARBITRATOR WHO IS SELECTED REQUIRES FOR THIS

555

PURPOSE. ANY FUNDS DEPOSITED WILL BE RETURNED TO YOU IF

556

THESE FUNDS ARE IN EXCESS OF YOUR SHARE OF THE FEES

557

INCURRED.

558

559

PLEASE SIGN THE AGREEMENT TO ARBITRATE BELOW AND

560

CLEARLY INDICATE THE NAME OF THE ARBITRATOR WHO IS

561

ACCEPTABLE TO YOU FROM THE NAMES LISTED BY THE

562

AGGRIEVED PARTY.

563

564

YOU MUST RESPOND IN WRITING TO THIS STATUTORY NOTICE

565

WITHIN 20 DAYS AFTER THE DATE THAT THE NOTICE OF

566

PRESUIT ARBITRATION WAS EITHER PERSONALLY SERVED ON YOU

567

OR 20 DAYS AFTER THE POSTMARKED DATE THAT THIS NOTICE

568

OF PRESUIT ARBITRATION WAS SENT TO YOU BY CERTIFIED

569

MAIL. YOU MUST ALSO PROVIDE A LIST OF AT LEAST THREE

570

DATES AND TIMES IN WHICH YOU ARE AVAILABLE TO

571

PARTICIPATE IN THE ARBITRATION THAT ARE WITHIN 90 DAYS

572

AFTER EITHER THE DATE YOU WERE PERSONALLY SERVED OR 90

573

DAYS AFTER THE POSTMARKED DATE OF THE CERTIFIED MAILING

574

OF THIS STATUTORY NOTICE OF PRESUIT ARBITRATION. A COPY

575

OF THIS NOTICE AND YOUR RESPONSE WILL BE PROVIDED BY

576

THE AGGRIEVED PARTY TO THE ARBITRATOR SELECTED AND THE

577

ARBITRATOR WILL SCHEDULE A MUTUALLY CONVENIENT TIME AND

578

PLACE FOR THE ARBITRATION CONFERENCE TO BE HELD. IF YOU

579

DO NOT PROVIDE A LIST OF AVAILABLE DATES AND TIMES, THE

580

ARBITRATOR IS AUTHORIZED TO SCHEDULE AN ARBITRATION

581

CONFERENCE WITHOUT TAKING YOUR SCHEDULE AND CONVENIENCE

582

INTO CONSIDERATION. THE ARBITRATION CONFERENCE MUST BE

583

HELD ON THE SCHEDULED DATE, OR ANY RESCHEUDLED DATE

584

APPROVED BY THE ARBITRATOR. IN NO EVENT SHALL THE

585

ARBITRATION CONFERENCE BE LATER THAN 90 DAYS AFTER

586

NOTICE OF THE PRESUIT ARBITRATION WAS FIRST SERVED,

587

UNLESS ALL PARTIES MUTUALLY AGREE IN WRITING OTHERWISE.

588

IF THE ARBITRATION IS NOT COMPLETED WITHIN THE

589

REQUIRED TIME LIMITS, THE ARBITRATOR SHALL ISSUE AN

590

ARBITRATION AWARD, UNLESS THE HEARING IS EXTENDED BY

591

MUTUAL WRITTEN AGREEMENT OF THE PARTIES AND APPROVED BY

592

THE ARBITRATOR. IN THE EVENT THAT YOU FAIL TO RESPOND

593

WITHIN 20 DAYS AFTER THE DATE YOU WERE SERVED WITH A

594

COPY OF THIS NOTICE, FAIL TO PROVIDE THE ARBITRATOR

595

WITH DATES AND TIMES IN WHICH YOU ARE AVAILABLE FOR THE

596

ARBITRATION CONFERENCE, FAIL TO AGREE EITHER TO ONE OF

597

THE ARBITRATORS THAT THE AGGRIEVED PARTY HAS NAMED,

598

FAIL TO PAY OR PREPAY TO THE ARBITRATOR ONE-HALF OF THE

599

COSTS INVOLVED AS REQUIRED, OR FAIL TO APPEAR AND

600

PARTICIPATE AT THE SCHEDULED ARBITRATION CONFERENCE,

601

THE AGGRIEVED PARTY MAY REQUEST THE ARBITRATOR TO ISSUE

602

AN ARBITRATION AWARD. IN THE SUBSEQUENT COURT ACTION,

603

THE AGGRIEVED PARTY SHALL BE ENTITLED TO RECOVER AN

604

AWARD OF REASONABLE ATTORNEY'S FEES AND COSTS,

605

INCLUDING ANY FEES PAID TO THE ARBITRATOR, INCURRED IN

606

OBTAINING AN ARBITRATION AWARD PURSUANT TO S. 720.507,

607

FLORIDA STATUTES.

608

609

PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION. BY

610

LAW, YOUR RESPONSE MUST BE POSTMARKED AND MAILED BY

611

CERTIFIED, FIRST-CLASS MAIL, RETURN RECEIPT REQUESTED,

612

TO THE ADDRESS SHOWN ON THIS NOTICE OF PRESUIT

613

ARBITRATION.

614

615

_________________________

616

Signature of aggrieved party

617

618

______________________

619

PRINTED NAME OF AGGRIEVED PARTY

620

621

RESPONDING PARTY: YOUR SIGNATURE BELOW INDICATES YOUR

622

ACCEPTANCE OF THE AGREEMENT TO ARTITRATE.

623

624

AGREEMENT TO ARBITRATE

625

626

THE UNDERSIGNED HEREBY AGREES TO PARTICIPATE IN PRESUIT

627

ARBITRATION AND AGREES TO ATTEND AN ARBITRATION

628

CONDUCTED BY THE FOLLOWING ARBITRATOR LISTED BELOW AS

629

SOMEONE WHO WOULD BE ACCEPTABLE TO ARBITRATE THIS

630

DISPUTE:

631

632

(IN YOUR RESPONSE EITHER SELECT THE NAME OF ONE

633

ARBITRATOR THAT IS ACCEPTABLE TO YOU FROM THOSE

634

ARBITRATORS LISTED BY THE AGGRIEVED PARTY.)

635

636

THE UNDERSIGNED HEREBY REPRESENTS THAT HE OR SHE IS

637

AVAILABLE AND ABLE TO ATTEND AND PARTICIPATE IN THE

638

PRESUIT ARBITRATION CONFERENCE AT THE FOLLOWING DATES

639

AND TIMES:

640

641

(LIST ALL AVAILABLE DATES AND TIMES, OF WHICH THERE

642

MUST BE AT LEAST THREE, WITHIN 90 DAYS AFTER THE DATE

643

ON WHICH YOU WERE SERVED, EITHER BY PROCESS SERVER OR

644

BY CERTIFIED MAIL, WITH THE NOTICE OF PRESUIT

645

ARBITRATION.)

646

647

I/WE FURTHER AGREE TO PAY OR PREPAY ONE-HALF OF THE

648

ARBITRATOR'S FEES AND TO FORWARD SUCH ADVANCE DEPOSITS

649

AS THE ARBITRATOR MAY REQUIRE FOR THIS PURPOSE.

650

651

______________________________

652

SIGNATURE OF RESPONDING PARTY #1

653

______________________________

654

TELEPHONE CONTACT INFORMATION

655

______________________________

656

SIGNATURE AND TELEPHONE CONTACT INFORMATION OF

657

RESPONDING PARTY #2, IF APPLICABLE. IF THE PROPERTY IS

658

OWNED BY MORE THAN ONE PERSON, ALL OWNERS MUST SIGN, OR

659

A PERSON MAY SIGN WHO IS ACTING UNDER AUTHORITY OF A

660

VALID POWER OF ATTORNEY GRANTED BY AN OWNER.

661

662

(2)(a) Service of the statutory notice of presuit

663

arbitration shall be effected either by personal service, as

664

provided in chapter 48, or by certified mail, return receipt

665

requested, in a letter in substantial conformity with the form

666

provided in subsection (1), with an additional copy being sent by

667

regular first-class mail, to the address of the responding party

668

as it last appears on the books and records of the association,

669

or if not available, the last address as it appears on the

670

official records of the county property appraiser for the county

671

in which the property is situated that is subject to the

672

association documents. The responding party has 20 days after the

673

postmarked date of the certified mailing of the statutory notice

674

of presuit arbitration or 20 days after the date the responding

675

party is personally served with the statutory notice of presuit

676

arbitration by to serve a written response to the aggrieved

677

party. The response shall be served by certified mail, return

678

receipt requested, with an additional copy being sent by regular

679

first-class mail, to the address shown on the statutory notice of

680

presuit arbitration. The postmarked date on the envelope of the

681

response shall constitute the date the response was served.

682

(b) The parties shall share the costs of presuit

683

arbitration equally, including the fee charged by the arbitrator,

684

if any, unless the parties agree otherwise, and the arbitrator

685

may require advance payment of his or her reasonable fees and

686

costs. Each party shall be responsible for all of their own

687

attorney's fees if a party chooses to be represented by an

688

attorney for the arbitration proceedings.

689

690

the agreement to arbitrate included in the notice of presuit

691

arbitration and clearly indicate the name of the arbitrator who

692

is acceptable of those arbitrators listed by the aggrieved party.

693

The responding party must provide a list of at least three dates

694

and times in which the responding party is available to

695

participate in the arbitration conference within 90 days after

696

the date the responding party was served with the statutory

697

notice of presuit arbitration.

698

2. The arbitrator must schedule the arbitration conference

699

at a mutually convenient time and place, but if the responding

700

party does not provide a list of available dates and times, the

701

arbitrator is authorized to schedule an arbitration conference

702

without taking the responding party's schedule and convenience

703

into consideration. Within 10 days after the designation of the

704

arbitrator, the arbitrator shall notify the parties in writing of

705

the date, time, and place of the arbitration conference.

706

3. The arbitration conference must be held on the scheduled

707

date and may be rescheduled if approved by the arbitrator.

708

However, in no event shall the arbitration hearing be later than

709

90 days after the notice of presuit arbitration was first served,

710

unless all parties mutually agree in writing otherwise. If the

711

arbitration hearing is not completed within the required time

712

limits, the arbitrator may issue an arbitration award unless the

713

time for the hearing is extended as provided herein. If the

714

responding party fails to respond within 20 days after the date

715

of statutory notice of presuit arbitration, fails to agree to at

716

least one of the arbitrators that have been listed by the

717

aggrieved party in the presuit notice of arbitration, fails to

718

pay or prepay to the arbitrator one-half of the costs involved,

719

or fails to appear and participate at the scheduled arbitration,

720

the aggrieved party is authorized to proceed with a request that

721

the arbitrator issue an arbitration award.

722

(d)1. The failure of any party to respond to the statutory

723

notice of presuit arbitration within 20 days, the failure to

724

either select one of the five arbitrators listed by the aggrieved

725

party, the failure to provide a listing of dates and times in

726

which the responding party is available to participate in the

727

arbitration conference within 90 days after the date of the

728

responding party being served with the statutory notice of

729

presuit arbitration, the failure to make payment of fees and

730

costs as required within the time established by the arbitrator,

731

or the failure to appear for an arbitration conference without

732

the approval of the arbitrator, shall entitle the other party to

733

request the arbitrator to enter an arbitration award including an

734

award of the reasonable costs and attorney's fees associated with

735

the arbitration.

736

2. Persons who fail or refuse to participate in the entire

737

arbitration process may not recover attorney's fees and costs in

738

any subsequent litigation proceeding relating to the same dispute

739

involving the same parties.

740

(3)(a) In an arbitration proceeding, the arbitrator may

741

not consider any unsuccessful mediation of the dispute.

742

(b) An arbitrator in a proceeding initiated pursuant to the

743

provisions of this part may shorten the time for discovery or

744

otherwise limit discovery in a manner consistent with the policy

745

goals of this part to reduce the time and expense of litigating

746

homeowners' association disputes initiated pursuant to this

747

chapter and promoting an expeditious alternative dispute

748

resolution procedure for parties to such actions.

749

(4) At the request of any party to the arbitration, the

750

arbitrator may issue subpoenas for the attendance of witnesses

751

and the production of books, records, documents, and other

752

evidence, and any party on whose behalf a subpoena is issued may

753

apply to the court for orders compelling such attendance and

754

production. Subpoenas shall be served and are enforceable in the

755

manner provided by the Florida Rules of Civil Procedure.

756

Discovery may, at the discretion of the arbitrator, be permitted

757

in the manner provided by the Florida Rules of Civil Procedure.

758

(5) The final arbitration award shall be sent to the

759

parties in writing no later than 30 days after the date of the

760

arbitration hearing, absent extraordinary circumstances

761

necessitating a later filing the reasons for which shall be

762

stated in the final award if filed more than 30 days after the

763

date of the final session of the arbitration conference. An

764

agreed arbitration award is final in those disputes in which the

765

parties have mutually agreed to be bound. An arbitration award

766

decided by the arbitrator is final unless a lawsuit seeking a

767

trial de novo is filed in a court of competent jurisdiction

768

within 30 days after the date of the arbitration award. The

769

right to file for a trial de novo entitles the parties to file a

770

complaint in the appropriate trial court for a judicial

771

resolution of the dispute. The prevailing party in an

772

arbitration proceeding shall be awarded the costs of the

773

arbitration and reasonable attorney's fees in an amount

774

determined by the arbitrator.

775

(6) The party filing a motion for a trial de novo shall be

776

assessed the other party's arbitration costs, court costs, and

777

other reasonable costs, including attorney's fees, investigation

778

expenses, and expenses for expert or other testimony or evidence

779

incurred after the arbitration hearing if the judgment upon the

780

trial de novo is not more favorable than the final arbitration

781

award.

782

720.508 Rules of procedure.--

783

(1) Presuit mediation and presuit arbitration proceedings

784

under this part must be conducted in accordance with the

785

applicable Florida Rules of Civil Procedure and rules governing

786

mediations and arbitrations under Ch 44, Florida Statutes, except

787

this part shall be controlling to the extent of any conflict with

788

other applicable rules or statutes. The arbitrator can shorten

789

any applicable time period and otherwise limit the scope of

790

discovery on request of the parties or within the discretion of

791

the arbitrator exercised consistent with the purpose and

792

objective of reducing the expense and expeditiously concluding

793

proceedings under this part.

794

(2) Presuit mediation proceedings under s. 720.505 are

795

privileged and confidential to the same extent as court-ordered

796

mediation under ch. 44. An arbitrator or judge may not consider

797

any information or evidence arising from the presuit mediation

798

proceeding except in a proceeding to impose sanctions for failure

799

to attend a presuit mediation session or to enforce a mediated

800

settlement agreement.

801

(3) Persons who are not parties to the dispute may not

802

attend the presuit mediation conference without consent of all

803

parties, with the exception of counsel for the parties and a

804

corporate representative designated by the association. Presuit

805

mediations under this part are not a board meeting for purposes

806

of notice and participation set forth in this chapter.

807

(4) Attendance at a mediation conference by the board of

808

directors shall not require notice or participation by non-board

809

members as otherwise required by this chapter for meetings of the

810

board.

811

(5) Settlement agreements resulting from a mediation or

812

arbitration proceeding do not have precedential value in

813

proceedings involving parties other than those participating in

814

the mediation or arbitration.

815

(6) Arbitration awards by an arbitrator shall have

816

precedential value in other proceedings involving the same

817

association or with respect to the same parcel owner.

818

720.509 Mediators and arbitrators; qualifications and

819

registration.--A person is authorized to conduct mediation or

820

arbitration under this part if he or she has been certified as a

821

circuit court civil mediator pursuant to the requirements adopted

822

pursuant to s. 44.106, is a member in good standing with The

823

Florida Bar, and otherwise meets all other requirements imposed

824

by ch. 44.

825

720.510 Enforcement of mediation agreement or arbitration

826

award.--

827

(1) A mediation settlement may be enforced through the

828

county or circuit court, as applicable, and any costs and

829

attorney's fees incurred in the enforcement of a settlement

830

agreement reached at mediation shall be awarded to the prevailing

831

party in any enforcement action.

832

(2) Any party to an arbitration proceeding may enforce an

833

arbitration award by filing a petition in a court of competent

834

jurisdiction in which the homeowners' association is located.

835

The prevailing party in such proceeding shall be awarded

836

reasonable attorney's fees and costs incurred in such proceeding.

837

(3) If a complaint is filed seeking a trial de novo, the

838

arbitration award shall be stayed and a petition to enforce the

839

award may not be granted. Such award, however, shall be

840

admissible in the court proceeding seeking a trial de novo.

841

842

Renumber Subsequent Section

843

844

================ T I T L E A M E N D M E N T ================

845

And the title is amended as follows:

846

On line(s) 559 after the semicolon

847

insert:

848

amending s. 34.01, F.S.; correcting a cross-reference to

849

conform; amending s. 720.302, F.S.; correcting a cross-

850

reference to conform; establishing legislative intent;

851

repealing s. 720.311, F.S.; repealing provision for

852

dispute resolution in homeowners associations; providing

853

that dispute resolution cases pending on the date of

854

repeal will continue under the repealed provisions;

855

creating part IV of ch. 720, F.S.; creating s. 720.501,

856

F.S.; creating a short title; creating s. 720.502, F.S.;

857

creating legislative findings; creating s. 720.503, F.S.;

858

setting applicability of provisions for mediation and

859

arbitration applicable to disputes in homeowners

860

associations; creating exceptions; proving applicability;

861

tolling applicable statutes of limitations; creating s.

862

720.504, F.S; requiring notice of violation before

863

referral to mediation; creating s. 720.505, F.S.; creating

864

a statutory notice form for referral to mediation;

865

requiring delivery by certified mail or personal delivery;

866

setting deadlines; requiring parties to share costs;

867

requiring the selection of a mediator and times to meet;

868

providing penalties for failure to mediate; creating s.

869

720.506, F.S.; creating an opt-out provision; creating s.

870

720.507, F.S.; creating a statutory notice form for

871

referral to arbitration; requiring delivery by certified

872

mail or personal delivery; setting deadlines; requiring

873

parties to share costs; requiring the selection of an

874

arbitrator and times to meet; providing penalties for

875

failure to arbitrate; creating s. 720.508, F.S.; providing

876

for rules of procedure; providing for confidentiality;

877

creating s. 720.509, F.S.; setting qualifications for

878

mediators and arbitrators; creating s. 720.510, F.S.;

879

providing for enforcement of mediation agreements and

880

arbitration awards;

4/14/2008 2:19:00 PM RI.RI.07477

CODING: Words stricken are deletions; words underlined are additions.