reglab/statecodes huggingface dataset:
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-13 - EXEMPTIONS › Section 61B-13.003 - Exemption Advisory Opinions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 498.007(1) FS.
					 Law Implemented 498.017(7),
					 498.025(5)
					 FS.
New 2-16-93, Formerly 7D-13.003, Amended 10-1-93, 5-18-98,
					 Repealed 10-28-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-13 - EXEMPTIONS › Section 61B-13.011 - Acceptable Permanent Road Maintenance (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 498.007(1) FS.
					 Law Implemented 498.025,
					 498.027
					 FS.
New 2-16-93, Formerly 7D-13.011, Amended 10-1-93, 5-18-98,
					 Repealed 10-28-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-13 - EXEMPTIONS › Section 61B-13.102 - Application for Reservation Program (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 498.007(1) FS.
					 Law Implemented 498.017,
					 498.024
					 FS.
New 2-16-93, Formerly 7D-13.102, Amended 10-1-93, 1-26-97,
					 5-18-98, Repealed 10-28-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-15 - FORMS AND DEFINITIONS › Section 61B-15.0012 - Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 718.501(1)(f),
					 718.502(1)(c),
					 718.621 FS. Law Implemented
					 718.403,
					 718.406,
					 718.502,
					 718.503,
					 718.504,
					 718.618(8)
					 FS.
New 12-23-02, Amended 8-26-04, 8-15-05, 10-16-13, Repealed
					 2-2-14.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-15 - FORMS AND DEFINITIONS › Section 61B-15.007 - Developer, Defined

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes of
				filing under Sections
				718.202,
				718.502,
				718.503,
				718.504 and
				718.505, F.S., and Rule
				61B-23.003, F.A.C., the term
				developer includes, subject to the exceptions provided in Section
				718.103(16),
				F.S., or these rules:
(a) A creating
				developer, which means any person who creates a condominium;
(b) A successor or subsequent developer,
				which means any person, other than the creating developer or concurrent
				developer, who offers condominium parcels for sale or lease for more than 5
				years in the ordinary course of business; and
(c) A concurrent developer, which means any
				person who acts concurrently with a developer in offering to sell or lease for
				more than 5 years condominium parcels in the ordinary course of business. As
				used in this rule, person includes natural persons, corporations, partnerships,
				limited liability companies, and any other legal entities.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-17 - FILINGS › Section 61B-17.001 - Developer, Filing; Electronic Filing Required

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a)
				Except in the case of a reservation program, a developer of a residential
				condominium shall file with the division one copy of each document required by
				Sections 718.502(5),
				718.503, and
				718.504, F.S. The filing shall
				occur prior to any offering of a condominium unit to the public. The developer
				shall submit with the filing a Developer/Condominium Filing Statement, DBPR
				Form CO 6000-2, incorporated herein by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-03414
,
				and effective 10-16-13. When each subsequent phase is filed, the developer
				shall submit DBPR Form CO 6000-3, Filing Statement for Subsequent Phases,
				incorporated herein by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-03405
,
				and effective 12-23-02. A copy of both of these forms may be obtained by
				contacting the Department of Business and Professional Regulation, Division of
				Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road,
				Tallahassee, Florida 32399-1030.
(b) In the case of a reservation program, a
				developer of a condominium shall file with the division one copy of each
				document required by Section
				718.502(2),
				F.S., and shall obtain approval of the division prior to any offering of a
				condominium unit to the public. In addition, a developer shall file, prior to
				offering, proof of the developer's ownership, contractual, or leasehold
				interest in the land upon which the condominium is to be developed. Such
				evidence must provide the address, or otherwise specify the location, of the
				land upon which the condominium is to be developed.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-17 - FILINGS › Section 61B-17.0012 - Declaration; Filing

Current through Reg. 50, No. 138; July 16, 2024
Any document required to be delivered to a prospective buyer
				  or lessee pursuant to Section
				  718.503 or
				  718.504, F.S., which describes
				  the developer's (or other person's) right to retain control of the association
				  shall recite the provisions of Sections
				  718.301(1)(a)-(g),
				  F.S., regarding turnover of control of the association. This disclosure
				  requirement shall not prohibit a developer from providing in the declaration
				  for turnover to the unit owners other than the developer at an earlier point
				  than the maximum time period set forth in these statutory
				  entitlements.
Rulemaking Authority
					 718.501 FS. Law Implemented
					 718.301,
					 718.503,
					 718.504
					 FS.
New 11-23-93, Amended
					 12-10-13.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-17 - FILINGS › Section 61B-17.005 - Examination of Documents

Current through Reg. 50, No. 138; July 16, 2024
(1) "Initial
				Acceptance" means the division finds the filed documents that have been
				recorded acceptable as corrected, if any corrections are made following a
				notice of deficiency.
(2) "Final
				Acceptance" means:
(a) The division finds the
				non-recorded documents acceptable as corrected, if any corrections are made
				following a notice of deficiency, or
(b) The developer submitted recorded
				amendment(s) to previously recorded documents that incorporate corrections made
				after a notice of deficiency.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-17 - FILINGS › Section 61B-17.006 - Filing and Examination of Amendments to Documents

Current through Reg. 50, No. 138; July 16, 2024
(1) "Amendment" means:
(a) Any change to documents that have
				previously been filed with and accepted by the division, and
(b) Any change to a document(s) recorded in
				the public records, whether the change is technical or substantive, regardless
				of the procedure by which the change is made. Developers shall file such
				changes as amendments, regardless of the nature of the changes, except as
				provided in paragraph (6)(b).
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-17 - FILINGS › Section 61B-17.009 - Alternative Assurances

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule
				governs alternative assurances provided for in Section
				718.202, F.S. An alternative
				assurance must be approved by the Division Director prior to the use by a
				Developer of the sales deposits intended to be assured. Pending approval, sales
				deposit funds to be assured by the alternative assurance must be placed in
				escrow.
(2) Procedure for Filing. A
				proposed alternative assurance filing should be submitted under cover separate
				from any condominium filing. The alternative assurance filing must include:
(a) A cover letter explaining the details of
				the alternative assurance. The letter must include the name and address of the
				condominium for which the assurance is intended;
(b) A copy of the instrument evidencing the
				proposed alternative assurance; and
(c) A copy of the purchase deposit escrow
				agreement. The escrow agreement shall contain the following minimum provisions:
1. The developer and escrow agent must have
				the Division Director's written approval of the use of an assurance prior to
				its use by the developer.
2. The
				amount of any assurance plus the amount of any sales deposits in escrow must at
				all times equal or exceed the amount of sales deposits required to be assured
				by Section 718.202, F.S. It is the
				developer's duty to ensure that the assurances are adequate.
3. The developer shall provide the escrow
				agent with a monthly report of the amount of funds currently assured. The
				developer shall provide the division with a quarterly report of the amount of
				funds currently assured.
4. The
				developer shall ensure that the Division Director, escrow agent and the
				developer receive at least a 30-day notice prior to the cancellation of any
				assurance.
5. At least 15 days
				prior to the expiration of any assurance posted in lieu of the escrow
				requirements of Section
				718.202, F.S., the developer
				must place funds assured by the instrument into
				escrow.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-17 - FILINGS › Section 61B-17.011 - Delivery of Documents via Alternative Media

Current through Reg. 50, No. 138; July 16, 2024
(1) If the developer wishes to use
				alternative media (for example, CD-ROM) for delivery of documents to
				purchasers, the developer must give the purchaser the option of receiving paper
				documents or alternative media documents. The purchaser's choice of delivery
				method shall be set forth in writing on a form called the "alternative media
				disclosure statement." The form "alternative media disclosure statement" shall
				be filed with the divison for review and approval along with other required
				documents. The form shall:
(a) Be separate
				from other documents delivered;
(b)
				Disclose the system requirements (for example, operating system, memory, hard
				drive, processor speed, printer requirements, software) necessary to view the
				alternative media documents;
(c)
				State that the purchaser should not select alternative media unless the
				purchaser will have the means to read the documents before the expiration of
				the 15-day cancellation period. The alternative media disclosure statement
				shall be listed on the form receipt for documents in the manner prescribed in
				DBPR Form CO 6000-6, Receipt for Condominium Documents, incorporated herein by
				reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-03408
,
				and effective 8-26-04, and as required in subsection
				61B-18.004(3),
				F.A.C. A copy of this form can be obtained by contacting the Department of
				Business and Professional Regulation, Division of Florida Condominiums,
				Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida
				32399-1030. If a portion, but not all, of the documents are delivered through
				the use of alternative media, the developer shall identify in the prospectus
				table of contents and in the receipt for condominium documents which documents
				are being delivered via alternative media and which documents are being
				delivered in paper form.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-18 - DOCUMENTS › Section 61B-18.001 - Contracts (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 718.501(1)(f)
					 FS. Law Implemented 718.202,
					 718.502,
					 718.503
					 FS.
New 11-15-77, Amended 7-22-80, 10-1-85, Formerly 7D-18.01,
					 Amended 1-27-87, Formerly 7D-18.001, Amended 4-14-99, Repealed
					 7-22-21.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-18 - DOCUMENTS › Section 61B-18.002 - Plot Plans and Floor Plans

Current through Reg. 50, No. 138; July 16, 2024
(1) Every plot
				plan shall be a legible, scaled drafted map and shall indicate the following:
(a) Name of the condominium;
(b) Scale, date, and north arrow;
(c) Ingress and egress;
(d) The use and approximate size, location,
				and height of all existing and/or proposed buildings and other
				structures;
(e) Common areas and
				elements;
(f) Limited common
				elements;
(g) Easements;
(h) Parking areas;
(i) The party who prepared the
				map.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-18 - DOCUMENTS › Section 61B-18.004 - Receipt for Condominium Documents

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Every developer who enters into a contract for the sale of a residential
				condominium unit or for the lease of a residential condominium unit for a lease
				period of more than five years shall obtain from the purchaser or lessee a
				receipt acknowledging that he has been provided the required documents by the
				developer.
(2) The developer shall
				itemize all items which are applicable and are to be delivered to the
				purchaser. Those items to be delivered shall be those documents required by the
				Division for filing during the examination period.
(3) Said receipt shall be in substantially
				the form prescribed by DBPR Form CO 6000-6, Receipt for Condominium Documents,
				as referenced in rule
				61B-17.011, F.A.C., and shall
				include but not be limited to the items listed. A copy of the receipt form
				shall be submitted to the Division at the time of filing. The developer shall
				provide the purchaser or lessee with a copy of the signed receipt, upon
				request.
(4) The developer should
				retain a copy of the signed receipt for a period of five years after the date
				of closing of the transaction. Said receipt should be maintained in the
				official business records of the developer.
Rulemaking Authority
					 718.501(1)(f),
					 718.502(1)(c)
					 FS. Law Implemented 718.502,
					 718.503,
					 718.504
					 FS.
New 11-15-77, Amended 7-22-80, 10-1-85, Formerly 7D-18.04,
					 7D-18.004, Amended 12-23-02.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-18 - DOCUMENTS › Section 61B-18.0051 - Declarations

Current through Reg. 50, No. 138; July 16, 2024
A declaration of condominium in which percentage of ownership
				  is not based upon an equal fractional basis shall include the square footage
				  within each unit or unit type based on the perimetrical boundaries ascribed to
				  each unit or unit type or the dimensions of each unit as elsewhere provided in
				  the declaration of condominium or the survey or graphical description, as well
				  as the total square footage of all units combined.
Rulemaking Authority
					 718.501(1)(f)
					 FS. Law Implemented 718.104(4)(f),
					 (g)
					 FS.
New 2-7-06.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-18 - DOCUMENTS › Section 61B-18.007 - Developer Exemptions Under Condominium Documents

Current through Reg. 50, No. 138; July 16, 2024
Unless otherwise expressly authorized by Chapter 718, Florida
				  Statutes, no provision in any declaration, articles of incorporation or bylaws
				  recorded in the public records subsequent to the effective date of this rule
				  shall partially or totally exempt the developer, transferees or designees of
				  the developer, or units owned by the developer or its designees from the
				  requirements of any such document which apply to all other owners or units and
				  which pertain to any of the following:
(1) Requirements that leases or lessees be
				approved by the association;
(2)
				Restrictions on the presence of pets;
(3) Restrictions on occupancy of units based
				on age;
(4) Restrictions on the
				type of vehicles allowed to park on condominium property or association
				property; however, the developer and its designees shall have the right to be
				exempt from any such parking restriction if the vehicle is engaged in any
				activity relating to construction, maintenance, or marketing of units, if such
				exemption is provided in the condominium documents.
Rulemaking Authority
					 718.501(1)(f)
					 FS. Law Implemented 718.302(4)
					 FS.
New 1-27-87, Formerly
					 7D-18.007.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-18 - DOCUMENTS › Section 61B-18.008 - Disclosure of Developer's Rental Program

Current through Reg. 50, No. 138; July 16, 2024
(1) In determining whether a developer's plan
				includes a program of leasing, and thus requires disclosure pursuant to Section
				718.504(10),
				F.S., it shall be relevant, although not dispositive, whether and the extent to
				which:
(a) The developer has advertised the
				availability of its units for rent;
(b) The developer has listed any of its units
				for rent with a broker or salesman;
(c) The developer has designated on internal
				marketing charts, memoranda or lists certain units as for sale and other units
				as for rent; and,
(d) The
				developer-owned units are available for rent but not for
				purchase.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-19 - EDUCATIONAL AND TRAINING PROGRAMS › Section 61B-19.001 - Provider Filing and Curriculum for Educational and Training Programs

Current through Reg. 50, No. 138; July 16, 2024
(1) Anyone seeking to be a division approved
				condominium education provider shall file with the division the educational
				materials used in the condominium education program. The following information
				shall be included regarding the education program:
(a) A price list for the program and a copy
				of all materials, including any information that will be provided to
				participants.
(b) The physical
				locations where programs will be available, if not web-based.
(c) Dates when programs will be
				offered.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-19 - EDUCATIONAL AND TRAINING PROGRAMS › Section 61B-19.0015 - Required Information (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 718.501(1)(f)
					 FS. Law Implemented 718.501(1)(j)
					 FS.
New 12-10-09, Repealed
					 1-19-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-20 - DEVELOPER OBLIGATIONS AND RESOLUTION GUIDELINES FOR CONDOMINIUM DEVELOPERS › Section 61B-20.002 - Warranties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 718.501(1)(f)
					 FS. Law Implemented 718.203
					 FS.
New 2-25-79, Formerly 7D-20.02, 7D-20.002, Amended
					 11-14-95, Repealed 1-19-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-20 - DEVELOPER OBLIGATIONS AND RESOLUTION GUIDELINES FOR CONDOMINIUM DEVELOPERS › Section 61B-20.003 - Escrow Agents and Escrow Agreements

Current through Reg. 50, No. 138; July 16, 2024
(1) In determining whether an escrow agent,
				identified in an escrow agreement filed with the division, is independent of a
				condominium developer, the division, when it has reason to question the
				independence of the escrow agent, shall consider and require reasonable
				disclosure of factors, including any familial relationship or common financial
				interest between the developer and the escrow agent, which reasonably relate to
				the developer's ability to directly or indirectly control or influence the
				escrow agent in the performance of his statutory duties. Additionally, when the
				division has reason to question the independence of the escrow agent, the
				division shall require a statement from the escrow agent attesting to the
				agent's independence and affirming that there is no conflict between the
				agent's duties as escrow agent and in any other capacity in which the agent
				serves. One who is otherwise qualified to serve as escrow agent, however, will
				not be precluded from serving in such a capacity solely because:
(a) The escrow agent performs routine banking
				or financial services for the developer; or
(b) A non-employee attorney-client
				relationship exists between the developer and the escrow agent, including
				representation of the developer in legal matters relating to the condominium
				for which he serves as escrow agent, unless and until the obligations as
				attorney and as escrow agent result in a conflict of interest or require a
				violation of the respective legal duties attendant to such positions; or,
(c) The escrow agent provides
				brokerage services on behalf of the developer, except that such an escrow agent
				is not independent of the developer with respect to any deposits or payments
				received by the escrow agent pursuant to any sales, rental or lease agreements
				for which the escrow agent has also served as the developer's sales, rental, or
				leasing agent.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-20 - DEVELOPER OBLIGATIONS AND RESOLUTION GUIDELINES FOR CONDOMINIUM DEVELOPERS › Section 61B-20.004 - Definitions and Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions. For
				the purposes of rules
				61B-20.004,
				61B-20.005 and 62B-20.006,
				F.A.C., the following definitions shall apply:
(a) "Accepted Complaint" means a complaint
				received by the division containing sufficient documentation and addressing a
				subject within the jurisdiction of the division, pursuant to section
				718.501(1),
				F.S.
(b) "Affirmative or corrective
				action" means putting remedial procedures in place to ensure that the violation
				does not recur, making any injured person whole as to the harm suffered in
				relation to the violation, or taking any other appropriate measures to redress
				the harm caused.
(c) "Bad check"
				means any worthless check, draft, or order of payment identified under section
				68.065, F.S.
(d) "Developer," for purposes of these
				guidelines, shall have the same meaning as stated in section
				718.103(16),
				F.S.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-20 - DEVELOPER OBLIGATIONS AND RESOLUTION GUIDELINES FOR CONDOMINIUM DEVELOPERS › Section 61B-20.005 - Educational Resolution

Current through Reg. 50, No. 138; July 16, 2024
An initial accepted complaint, directed at a developer and
				  involving a possible violation identified as minor in these guidelines, will be
				  resolved as follows:
If based on the complaint, the division has reasonable cause
				  to believe that a statutory or rule violation may have occurred, a Warning
				  Letter will be sent to the developer. The Warning Letter will give the
				  developer 15 business days in which to address, correct, or dispute the
				  violation. The Warning Letter will identify the violation, and provide a
				  contact telephone number and an investigator's name so that the developer may
				  contact the division for educational assistance or an educational conference in
				  obtaining compliance. However, it is solely the responsibility of the developer
				  to take action, when applicable, to achieve statutory or rule compliance.
				  Failure to respond to a Warning Letter, or take affirmative or corrective
				  action as requested by the division, will lead to further investigation. The
				  Warning Letter shall not be considered final agency action. The division will
				  notify the complainant of the educational resolution.
Rulemaking Authority 718.501(1)(d)6., (f) FS. Law
					 Implemented 718.501(1)(d)6., (k) FS.
New 6-4-98.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-20 - DEVELOPER OBLIGATIONS AND RESOLUTION GUIDELINES FOR CONDOMINIUM DEVELOPERS › Section 61B-20.006 - Enforcement Resolution, Costs and Civil Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) The division will seek compliance through
				an enforcement resolution for repeated minor violations, for the failure to
				correct or address a violation or provide unit owner redress as requested by
				the division, or for a major violation. These guidelines list aggravating and
				mitigating factors that will reduce or increase the penalty amounts within the
				specified range and those circumstances that justify a departure from range. No
				aggravating factors will be applied to increase a penalty for a single
				violation above the statutory maximum of $5, 000. The guidelines in this rule
				section are based upon a single count violation of each provision listed.
				Multiple counts of the violated provision or a combination of the listed
				violations will be added together to determine an overall total penalty.
				Nothing in these rules shall limit the ability of the division to informally
				dispose of administrative actions or complaints by stipulation, settlement
				agreement, or consent order.
(2)
				General Provisions.
(a) Rule Not
				All-Inclusive. This rule section contains illustrative violations. It does not,
				and is not intended to, encompass all possible violations of statute or
				division rule that might be committed by a developer. The absence of any
				violation from this rule section shall in no way be construed to indicate that
				the violation does not cause substantial harm or is not subject to a penalty.
				In any instance where the violation is not listed in this rule section, the
				penalty will be determined by consideration of:
1. The closest analogous violation, if any,
				that is listed in this rule section; and
2. The mitigating or aggravating factors
				listed in this rule section.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-21 - CONDOMINIUM RESOLUTION GUIDELINES FOR UNIT OWNER CONTROLLED ASSOCIATIONS › Section 61B-21.001 - Definitions and Purpose

Current through Reg. 50, No. 138; July 16, 2024
Definitions. For the purposes of this rule chapter, the
				  following definitions shall apply:
(1)
				"Affirmative or corrective action" means putting remedial procedures in place
				to ensure that the violation does not reoccur, making any injured person whole
				as to the harm suffered in relation to the violation, or taking any other
				appropriate measures to redress the harm caused.
(2) "Association" shall have the same meaning
				as stated in section 718.103(2),
				F.S.
(3) "Minor violation" is a
				violation in which the division will issue a Notice of Noncompliance as a first
				response to a violation of a rule pursuant to rule
				61B-21.002, F.A.C., due to the
				violation's lower potential for public harm. Failure to timely comply with the
				Notice of Noncompliance may result in further sanctions and
				enforcement.
Rulemaking Authority 120.695, 718.501(1)(d)6., (f) FS. Law
					 Implemented 718.501(1)(d)6. FS.
New 6-4-98, Amended
					 10-23-18.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-22 - FINANCIAL AND ACCOUNTING REQUIREMENTS; BUDGETS, RESERVES, AND GUARANTEES › Section 61B-22.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of this chapter the following definitions
				  shall apply:
(1) "Accounting records"
				include all of the books and records identified in Section 718.111(12)(a)11.,
				Florida Statutes, and any other records that identify, measure, record, or
				communicate financial information whether the records are maintained
				electronically or otherwise, including, all payroll and personnel records of
				the association, all invoices for purchases made by the association, and all
				invoices for services provided to the association.
(2) "Capital expenditure" means any
				expenditure of funds for:
(a) The purchase of
				an asset whose useful life is greater than one year in length;
(b) The replacement of an asset whose useful
				life is greater than one year in length; or
(c) The addition to an asset that extends the
				useful life of the previously existing asset for a period greater than one year
				in length.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-22 - FINANCIAL AND ACCOUNTING REQUIREMENTS; BUDGETS, RESERVES, AND GUARANTEES › Section 61B-22.002 - Accounting Records

Current through Reg. 50, No. 138; July 16, 2024
All associations shall maintain accounting records in
				  sufficient detail to permit determination of the revenues and expenses or
				  receipts and disbursements attributable to separate condominiums and operating
				  and reserve funds. Multicondominium associations shall maintain separate
				  accounting records for the association and for each condominium operated by the
				  association. Multicondominium associations created prior to July 1, 2000, that
				  do not create separate ownership interests of the common surplus of the
				  association for each unit, as provided in Sections
				  718.104(4)(h)
				  and 718.110(12),
				  Florida Statutes, shall not maintain separate fund balances for the
				  association, and shall allocate all association revenues and expenses to each
				  condominium operated by the association pursuant to the provisions of each
				  condominium's declaration.
Specific Authority
					 718.501(1)(f)
					 FS. Law Implemented 718.111(12)(a)11., (14),
					 718.501
					 FS.
New 7-11-93, Formerly 7D-22.002, Amended 12-20-95,
					 12-18-01.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-22 - FINANCIAL AND ACCOUNTING REQUIREMENTS; BUDGETS, RESERVES, AND GUARANTEES › Section 61B-22.004 - Guarantees of Common Expenses Under Section 718.116(9)(a)2., Florida Statutes

Current through Reg. 50, No. 138; July 16, 2024
(1) Establishment of
				the guarantee. If a guarantee is not included in the purchase contracts,
				declaration, or prospectus, any agreement establishing a guarantee shall be
				effective only upon the approval of a majority of the voting interests of the
				unit owners other than the developer. Approval shall be expressed at a meeting
				of the unit owners, voting in person or by limited proxy; or by agreement in
				writing without a meeting if provided in the bylaws. Such guarantee shall meet
				the requirements of this rule.
(2)
				Guarantee period. The period of time for the guarantee shall be indicated by a
				specific beginning and ending date or event.
(a) The ending date or event shall be the
				same for all of the unit owners of a condominium, including unit owners in
				different phases of phase condominiums, but may vary for each condominium
				operated by a multicondominium association.
(b) The guarantee may provide for different
				intervals of time during a guarantee period with different dollar amounts for
				each such interval.
(c) The
				guarantee may provide that after the initial stated period, the developer has
				an option to extend the guarantee for one or more additional stated periods.
				The extension of a guarantee is limited to extending the ending date or event;
				therefore, the developer does not have the option of changing the level of
				assessments guaranteed.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-22 - FINANCIAL AND ACCOUNTING REQUIREMENTS; BUDGETS, RESERVES, AND GUARANTEES › Section 61B-22.005 - Reserves

Current through Reg. 50, No. 138; July 16, 2024
(1) Reserves required by statute. Reserves
				required by Section 718.112(2)(f),
				Florida Statutes, for capital expenditures and deferred maintenance including
				roofing, painting, paving, and any other item for which the deferred
				maintenance expense or replacement cost exceeds $10, 000 shall be included in
				the budget. For the purpose of determining whether the deferred maintenance
				expense or replacement cost of an item exceeds $10, 000, the association may
				consider each asset of the association separately. Alternatively, the
				association may group similar or related assets together. For example, an
				association responsible for the maintenance of two swimming pools, each of
				which will separately require $6, 000 of total deferred maintenance, may
				establish a pool reserve, but is not required to do so.
(2) Commingling operating and reserve funds.
				Associations that collect operating and reserve assessments as a single payment
				shall not be considered to have commingled the funds provided the reserve
				portion of the payment is transferred to a separate reserve account, or
				accounts, within 30 calendar days from the date such funds were
				deposited.
(3) Calculating reserves
				required by statute. Reserves for deferred maintenance and capital expenditures
				required by Section 718.112(2)(f),
				Florida Statutes, shall be calculated using a formula that will provide funds
				equal to the total estimated deferred maintenance expense or total estimated
				replacement cost for an asset or group of assets over the remaining useful life
				of the asset or group of assets. Funding formulas for reserves required by
				Section 718.112(2)(f), Florida Statutes, shall be based on either a separate
				analysis of each of the required assets or a pooled analysis of two or more of
				the required assets.
(a) If the association
				maintains separate reserve accounts for each of the required assets, the amount
				of the current year contribution to each reserve account shall be the sum of
				the following two calculations:
1. The total
				amount necessary, if any, to bring a negative account balance to zero;
				and
2. The total estimated deferred
				maintenance expense or estimated replacement cost of the reserve asset less the
				estimated balance of the reserve account as of the beginning of the period for
				which the budget will be in effect. The remainder, if greater than zero, shall
				be divided by the estimated remaining useful life of the asset. The formula may
				be adjusted each year for changes in estimates and deferred maintenance
				performed during the year and may consider factors such as inflation and
				earnings on invested funds.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-22 - FINANCIAL AND ACCOUNTING REQUIREMENTS; BUDGETS, RESERVES, AND GUARANTEES › Section 61B-22.006 - Financial Reporting Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Basis of accounting. The financial statements required by Sections
				718.111(13) and
				718.301(4),
				F.S., shall be prepared on the accrual basis using fund accounting in
				accordance with generally accepted accounting principles. Reviewed financial
				statements shall be reviewed in accordance with standards for accounting and
				review services and audited financial statements shall be audited in accordance
				with generally accepted auditing standards. Reviews and audits of an
				association's financial statements shall be performed by an independent
				certified public accountant licensed by the Florida Board of Accountancy. As
				used in this rule the terms "generally accepted accounting principles,"
				"standards for accounting and review services," and "generally accepted
				auditing standards" shall have the same meaning as set forth in Chapter
				61H1-20, F.A.C.
(2) Components. The
				financial statements required by Sections
				718.111(13) and
				718.301(4),
				F.S., shall at a minimum include the following components:
(a) Accountant's or Auditor's
				Report;
(b) Balance
				Sheet;
(c) Statement of Revenues
				and Expenses;
(d) Statement of
				Changes in Fund Balances;
(e)
				Statement of Cash Flows; and
(f)
				Notes to financial statements.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-22 - FINANCIAL AND ACCOUNTING REQUIREMENTS; BUDGETS, RESERVES, AND GUARANTEES › Section 61B-22.0062 - Transition Financial Statements; Turnover Audit

Current through Reg. 50, No. 138; July 16, 2024
(1) Period covered. The audit required by
				Section 718.301(4)(c),
				Florida Statutes, applies to all transfers of association control from
				developers to unit owners pursuant to Section
				718.301(4),
				Florida Statutes, occurring on or after April 1, 1992. The audit shall cover a
				period beginning with the date of incorporation of the association, or from the
				end of the fiscal period covered by the last audit if all fiscal periods have
				been audited, and ending with the date of the transfer of association control
				to unit owners other than the developer. Nothing herein precludes the developer
				from exceeding the requirements of this rule by engaging a certified public
				accountant to audit the entire period of developer control rather than from the
				period covered by the last audit.
(2) Additional disclosure requirements for
				turnover audits. The financial statements, notes, or supplementary information
				shall present the revenues and expenses separately for each fiscal year and any
				interim periods included in the audit. The notes to the financial statements
				shall contain the following disclosures:
(a) A
				statement that the financial statements were prepared pursuant to Section
				718.301(4)(c),
				Florida Statutes;
(b) A statement
				of total cash payments made by the developer to the association;
(c) If the developer claims to have paid
				common expenses of the association which do no appear on the books and records
				of the association, the amount and purpose of each such expenditure shall be
				identified separately; and,
(d) If
				a guarantee pursuant to Section
				718.116(9),
				Florida Statutes, existed at any time during the period covered by the audit
				the financial statements shall disclose the following:
1. The period of time covered by the
				guarantee;
2. The amount of common
				expenses incurred during the guarantee period;
3. The amount of assessments charged to the
				non-developer unit owners during the guarantee period;
4. The amount of non-assessment revenues
				earned by the association, with each non-assessment revenue generating activity
				disclosed separately, during the guarantee period;
5. The amount of expenses incurred by the
				association in the production of non-assessment revenues, with each
				non-assessment revenue generating activity disclosed separately, during the
				guarantee period;
6. The amount of
				the developer's payments pursuant to the guarantee; and
7. Any financial obligation due to or from
				the developer resulting from the
				guarantee.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-23 - THE ASSOCIATION › Section 61B-23.001 - Board of Administration and Committees; Fiduciary Duty

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a)
				"Meeting of the board of administration" means any gathering of the members of
				the board of directors, at which a quorum of the members is present, for the
				purpose of conducting association business.
(b) "Committee meeting" means any gathering
				of a group of board members, unit owners, or board members and unit owners
				appointed by the board or a member of the board to make recommendations to the
				board regarding the association budget or take action on behalf of the board at
				which a quorum of the members of that committee is present. For example, a
				meeting of an executive committee, as defined in section
				617.0825, F.S., or as that
				section may subsequently be renumbered, would be included in this definition as
				would a meeting of a group charged with developing a proposed
				budget.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-23 - THE ASSOCIATION › Section 61B-23.002 - Operation of the Association

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				association which operates more than 2 units shall pay an annual fee of $4 for
				each unit in a residential condominium operated by the association. If the
				declaration is amended during the year to alter the number of units or to add
				additional phases containing units, the association shall pay the annual fee on
				the highest number of declared units during the year. The fee shall be paid as
				follows:
(a) The division shall provide to the
				association an annual fee statement. The failure to receive the Annual Fee
				Statement shall not relieve the association of the obligation to pay the fee.
				Annual fees shall be paid online at
www.MyFloridaLicense.com
or by check or
				money order made payable to Division of Florida Condominiums, Timeshares, and
				Mobile Homes.
(b) The initial
				annual fees are due for the year in which a declaration of condominium is
				recorded. Payment shall be made within 30 days of recordation of the
				declaration or amendments creating subsequent phases. Payment shall be
				submitted to the division along with the notice of recordation required by
				subsection 61B-17.001(4),
				F.A.C.
(c) Subsequent annual fees
				are due on or before January 1 of each year.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-23 - THE ASSOCIATION › Section 61B-23.0021 - Regular Elections; Vacancies Caused by Expiration of Term, Resignations, Death; Election Monitors

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) Unless otherwise provided herein, the
				provisions of this rule apply to all regular and run-off elections conducted by
				a condominium association, regardless of any provision to the contrary
				contained in the declaration, articles of incorporation, or bylaws of the
				association.
(b) Except as
				otherwise provided by Rules
				61B-23.0027 and
				61B-23.0028, F.A.C., the
				provisions of this rule do not apply to vacancies created by the recall of a
				board member or members. The method of removing board members by recall and the
				procedures for filling such vacancies are set forth in Rules
				61B-23.0026 through
				61B-23.0028, F.A.C.
(c) In order to adopt different voting and
				election procedures in its bylaws pursuant to Section
				718.112(2)(d),
				F.S., an association must obtain the affirmative vote of a majority of the
				total voting interests even if different amendatory procedures are contained in
				an association's bylaws. Such vote must be taken on or after June 14, 1995. The
				phrase "different voting and election procedures" as used in this rule and as
				used in Section 718.112(2)(d),
				F.S., refers to procedures used only for the election of board
				members.
(d) Balloting is not
				necessary to fill any vacancy unless there are two or more eligible candidates
				for that vacancy. In such a case, not later than the date of the scheduled
				election:
1. For a regular election the
				association shall call and hold a meeting of the membership to announce the
				names of the new board members, or shall notify the unit owners of the names of
				the new board members or that one or more board positions remain unfilled, as
				appropriate under the circumstances. In the alternative, the announcement may
				be made at the annual meeting.
2.
				For an election pursuant to Section
				718.112(2)(d)
				9., F.S., to fill a vacancy, the association shall call and hold a meeting of
				the membership to announce the names of the new board members or, in the
				alternative, shall notify the unit owners of the names of the new board members
				or that one or more board positions remain unfilled, as appropriate under the
				circumstances.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-23 - THE ASSOCIATION › Section 61B-23.00211 - Electronic Voting

Current through Reg. 50, No. 138; July 16, 2024
(1) "Election
				Officials," as used in Section
				718.128, F.S., includes the
				division, the ombudsman, and election monitors appointed by the
				ombudsman.
(2) "Consent, in
				writing," as used in Section
				718.128, F.S., may be made via
				email; the email address of the unit owner consenting is not considered an
				official record, however, unless the unit owner has previously consented to
				receive notices via email.
(3) The
				board resolution required by Section
				718.128(4),
				F.S., must provide that all unit owners receive notice of the opportunity to
				vote through an online voting system when the association utilizes online
				voting. The opportunity to vote online must be included in the notice of the
				meeting requiring the vote.
(4) The
				electronic voting system must provide the unit owner with a receipt of their
				vote, which must include the specific vote cast, the date and time of
				submission, and the user identification.
(5) The electronic voting system must produce
				an official record that the association must maintain, which identifies the
				specific votes cast on each ballot and the date and time of receipt of the
				electronically submitted ballot.
(6) For elections, electronic votes shall not
				be accessible to the association prior to the scheduled election. Failure to
				comply with this subsection will void the election and the association must
				renotice the election following the procedures as set forth in subsection
				61B-23.0021(8),
				F.A.C.
Rulemaking Authority 718.112(2)(d)4.,
					 718.501(1)(f)
					 FS. Law Implemented 718.128
					 FS.
New 3-21-16.