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-23 - THE ASSOCIATION › Section 61B-23.00215 - Ombudsman; Election Monitoring; Monitor's Role; Scope and Extent

Current through Reg. 50, No. 138; July 16, 2024
(1) Fifteen percent of the total voting
				interests entitled to vote at the annual meeting of unit owners for the
				election of directors, or the owners of six units entitled to vote at the
				annual meeting of unit owners for the election of directors, whichever number
				is greater, may petition the ombudsman for the appointment of an election
				monitor to attend the annual meeting of unit owners for the election of
				directors and conduct the election of directors. No monitor shall be appointed
				for a special election, an interim election, a runoff election, an election to
				fill vacancies caused by a recall of one or more board members, or any election
				other than the annual meeting of unit owners for the election of
				directors.
(2)
(a) Form of petition. In order to file a
				petition for the appointment of an election monitor, a unit owner must complete
				DBPR FORM CO 6000-9, PETITION FOR APPOINTMENT OF ELECTION MONITOR, incorporated
				by reference and effective 8-7-05, available by contacting the Department of
				Business and Professional Regulation, Division of Florida Condominiums,
				Timeshares, and Mobile Homes, 1400 West Commercial Blvd., Suite 185, Fort
				Lauderdale, FL 33309-3782, or shall use a substantial equivalent of the form
				which shall contain the following information. The form must, as applicable:
1. State that the purpose of the petition is
				to seek signatures for the appointment of an election monitor by the ombudsman
				for the annual meeting of unit owners for the election of directors;
2. Contain a signature space for authorized
				unit owners or voting interests to sign and must provide a space for those
				signing the petition to provide his or her name;
3. Identify his or her unit number;
4. Supply the date that each unit owner
				signed the petition;
5. Provide the
				name of an individual who is authorized to represent the unit owners
				petitioning for the appointment of an election monitor, along with the mailing
				address, telephone number, fax number, and email address of the
				representative;
6. Indicate that if
				a monitor is appointed, the association and all its members shall be obligated
				to pay the costs and fees of the monitor; and
7. State the total number of voting interests
				in the association.
8. Briefly
				state the basis for having an election monitor appointed (optional).
9. State the date, place, and time of the
				election.
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-23.0022 - Contracts for Bid: Employees

Current through Reg. 50, No. 138; July 16, 2024
In accordance with the provisions of Section
				  718.3026, Florida Statutes,
				  contracts with employees of the association shall not be subject to the
				  provisions of that section. For purposes of this rule, a worker shall be
				  considered an employee of an association where the association pays or deducts,
				  for or on behalf of the worker, social security tax, unemployment compensation
				  taxes, and federal withholding taxes.
Specific Authority
					 718.501(1)(f)
					 FS. Law Implemented 718.3026
					 FS.
New 4-1-92, Formerly
					 7D-23.0022.
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-23.0025 - Officer or Board Member Fines (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 718.501(1)(f)
					 FS. Law Implemented 718.501(1)(d)
					 FS.
New 4-1-92, Formerly 7D-23.0025, Repealed
					 11-14-95.
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-23.0026 - Right to Recall and Replace a Board Member; Developers; Other Unit Owners; Class Voting

Current through Reg. 50, No. 138; July 16, 2024
(1) Developer
				Representatives. When both a developer and other unit owners are entitled to
				representation on a board of administration pursuant to Section
				718.301, Florida Statutes, or
				Rule 61B-23.003, F.A.C., the
				following provisions apply to recall and replacement of board members elected
				or appointed by a developer:
(a) Only units
				owned by the developer shall be counted to establish a quorum for a meeting to
				recall and replace a board member who was elected or appointed by that
				developer.
(b) The percentage of
				voting interests required to recall a board member who was elected or appointed
				by a developer is a majority of the total units owned by that
				developer.
(c) A board member who
				is elected or appointed by a developer may be recalled only by that
				developer.
(d) Only the developer
				may vote, in person or by limited proxy, to fill a vacancy on the board
				previously occupied by a board member elected or appointed by that
				developer.
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-23.0027 - Recall of One or More Members of a Board of Administration at a Unit Owner Meeting; Filling Vacancies

Current through Reg. 50, No. 138; July 16, 2024
(1) Calling
				a Recall Meeting. Regardless of any provision to the contrary in the
				condominium documents, 10 percent of the voting interests may call a meeting of
				the unit owners to recall one or more members of the board by the voting
				interests giving the notice specified in paragraphs (2)(a) and (b), below. As
				utilized in this rule, the phrase "condominium documents" means the recorded
				declaration of condominium and all recorded exhibits and amendments thereto,
				and the articles of incorporation and bylaws of the condominium association in
				effect, and any amendments to each which are in effect.
(2) Noticing a Recall Meeting.
(a) Signature List. Prior to noticing a unit
				owner meeting to recall one or more members of the board, a list shall be
				circulated for the purpose of obtaining signatures of not less than 10 percent
				of the voting interests. The signature list shall:
1. State that the purpose for obtaining
				signatures is to call a unit owner meeting to recall one or more members of the
				board;
2. State that replacement
				board members shall be elected at the meeting if a majority or more of the
				existing board members are successfully recalled at the meeting; and,
3. Contain lines for the voting
				interest to fill in his unit number, signature and date of
				signature.
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-23.0029 - Electronic Transmission of Notices

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Definitions. "Electronic transmission" means any form of communication, not
				directly involving the physical transmission or transfer of paper, that creates
				a record that may be retained, retrieved, and reviewed by the recipient and
				that may be directly reproduced in a comprehensible and legible paper form by
				the recipient through an automated process such as a printer or a copy machine.
				Examples of electronic transmission include, but are not limited to, telegrams,
				facsimile transmission of images, and text that is sent via electronic mail
				between computers. Electronic transmission does not include oral communication
				by telephone.
(2) Association
				Notices.
(a) Associations may opt to deliver
				meeting notices by electronic transmission by following these rules or by
				adopting bylaws that are consistent with these requirements.
(b) Associations that decide to stop delivery
				of notices by electronic transmission shall notify all owners by electronic
				transmission of the date on which electronic transmission of notices will
				cease. Associations must mail the notice to those owners whose consent has been
				revoked or was never given.
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-23.004 - Annual Budgets, Financial Reports and Statements and Reserves (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 718.501(1)(f)
					 FS. Law Implemented 718.111,
					 718.501(1)(j)
					 FS.
New 10-1-85, Formerly 7D-23.004, Amended 4-1-87, 7-10-88,
					 7-11-93, Formerly 7D-23.004, Repealed
					 11-14-95.
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-23.005 - Association Transfer Fees, Fines, Remedies, and Assessments (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 718.501(1)(f)
					 FS. Law Implemented 718.102,
					 718.103(7),
					 718.111(2),
					 718.112(2)(i),
					 718.115,
					 718.116,
					 718.303
					 FS.
New 10-1-85, Formerly 7D-23.05, Amended 1-27-87, 12-18-89,
					 7-17-91, Formerly 7D-23.005, Amended 11-23-93, 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-23 - THE ASSOCIATION › Section 61B-23.0051 - Cable Television Service

Current through Reg. 50, No. 138; July 16, 2024
(1) "Cable
				television service," as used in Section 718.115(1)(d)2., Florida Statutes,
				shall mean the transmission of video programming by a duly franchised cable
				company, as provided in Section
				166.046, Florida Statutes, or as
				that section may be subsequently renumbered, pursuant to a contract between the
				association and such duly franchised cable company. For the purposes of this
				rule, cable television service shall include any master antenna or community
				antenna television system.
(2)
				"Legally blind," as used in Section
				718.115(1)(b),
				Florida Statutes, shall mean having central visual acuity of 20/200 or less in
				the better eye with corrective glasses or a disqualifying field defect in which
				the peripheral field has contracted to such an extent that the widest diameter
				of visual field subtends an angular distance no greater than 20
				degrees.
(3) "Hearing impaired," as
				used in Section 718.115(1)(d)2., Florida Statutes, shall mean:
(a) An individual who has suffered a
				permanent hearing impairment and is not able to discriminate speech sounds in
				verbal communication, with or without the assistance of amplification devices;
				or
(b) An individual who has
				suffered a permanent hearing impairment which is severe enough to necessitate
				the use of amplification devices to discriminate speech sounds in verbal
				communication.
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-23.006 - Association Insurance (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 718.501(1)(f)
					 FS. Law Implemented 718.111(11)
					 FS.
New 10-1-85, Formerly 7D-23.06, 7D-23.006, 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-24 - CREATION OF CONDOMINIUM BY CONVERSION › Section 61B-24.001 - Definitions; Creation of Condominium by Conversion

Current through Reg. 50, No. 138; July 16, 2024
(1) "Tenant" means a party to a rental
				agreement in residential occupancy of a place rented for the purpose of
				maintaining a place of residence. The term "tenant" excludes a party to a
				rental agreement or other person in transient occupancy.
(2) "Transient occupancy" means occupancy
				when it is the intention of the parties that the occupancy will be temporary.
				There is a rebuttable presumption that, when the dwelling unit occupied is the
				sole residence of the guest, the occupancy is non-transient. There is a
				rebuttable presumption that, when the dwelling unit occupied is not the sole
				residence of the guest, the occupancy is transient.
(3) Section
				718.402, Florida Statutes,
				states that a developer creating a condominium by conversion must comply with
				Parts I and VI of the Condominium Act in order to create a condominium. The
				creation of the real property condominium ownership form is achieved when the
				developer complies with Part I of the Condominium Act.
Specific Authority
					 718.501(1)(f)
					 FS. Law Implemented 718.104,
					 718.402,
					 718.606,
					 718.608
					 FS.
New 7-2-81, Formerly 7D-24.01,
					 7D-24.001.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-24 - CREATION OF CONDOMINIUM BY CONVERSION › Section 61B-24.002 - Notices of Intended Conversion

Current through Reg. 50, No. 138; July 16, 2024
(1) Prior
				to delivery to tenants, each developer of a conversion shall file with the
				division and receive acceptance of its notice of intended conversion.
(a) After the division receives a proposed
				notice of intended conversion and the $100 filing fee it shall, within 20 days,
				inform the developer by mail that the division has accepted the notice or
				reviewed the notice and determined specific deficiencies.
(b) The developer shall have 20 days from the
				date of the division's notification of deficiencies in the notice to correct
				such deficiencies.
(c) The division
				shall notify the developer within 20 days from receipt of a corrected notice
				whether the corrected notice remains deficient or whether the corrected notice
				is accepted.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-24 - CREATION OF CONDOMINIUM BY CONVERSION › Section 61B-24.003 - Rental Agreement Extensions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 718.501(1)(f),
					 718.621 FS. Law Implemented
					 718.606
					 FS.
New 7-2-81, Formerly 7D-24.03, 7D-24.003, Repealed
					 12-12-11.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-24 - CREATION OF CONDOMINIUM BY CONVERSION › Section 61B-24.004 - Disclosure of Building Condition

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) Disclosure of building condition is
				required in order that prospective purchasers be informed as to the scope and
				magnitude of the financial responsibility that condominium ownership entails.
				Section 718.616, F.S. (Supp. 1980), sets
				forth the information that shall be disclosed and components for which
				disclosure of condition is made. Disclosure of condition is required for all
				property and each of the components listed by the statute to the extent that
				the improvements include any of the components.
(b) Disclosure of condition is required for
				all condominium property, in particular condominium property intended for use
				in connection with the condominium. The disclosure of condition requirement
				applies to property owned by an association, and applies to property owned by a
				master property owners' association when the repair, replacement or maintenance
				of such property constitutes a common expense or when such property is
				condominium property.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-24 - CREATION OF CONDOMINIUM BY CONVERSION › Section 61B-24.005 - Right of First Refusal

Current through Reg. 50, No. 138; July 16, 2024
(1) A developer
				may offer a unit to a tenant at more than one price provided that all prices
				are offered to the tenant during the full right of first refusal
				period.
(2) A developer may not
				require a purchasing tenant to close on a purchase prior to the expiration of
				the tenant's rental agreement or any rental agreement extension period,
				provided, a developer may establish a higher price for the unit when a tenant
				elects a later closing. Time of closing shall be determined by developer and
				tenant negotiation.
(3) A tenant
				bringing an action for specific performance to enforce a right of first refusal
				may record a lis pendens prior to the closing on the sale of the unit to a
				third party.
(4) The right of first
				refusal exists to provide tenants the opportunity to continue their residence.
				Any restrictive covenant that would prevent a purchasing tenant from continuing
				residence in a unit purchased under the right of first refusal is unenforceable
				against such tenant.
Specific Authority
					 718.501(1)(f),
					 718.621 FS. Law Implemented
					 718.612
					 FS.
Amended 9-6-81, Formerly 7D-24.05,
					 7D-24.005.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-24 - CREATION OF CONDOMINIUM BY CONVERSION › Section 61B-24.006 - Economic Information (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 718.501(1)(f),
					 718.614(2) FS.
					 Law Implemented 718.501(1)(e),
					 718.614(2)
					 FS.
New 7-2-81, Formerly 7D-24.06, 7D-24.006, Amended 2-22-94,
					 7-14-08, 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-24 - CREATION OF CONDOMINIUM BY CONVERSION › Section 61B-24.007 - Converter Reserve Accounts; Warranties; Disclosures

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) The
				funding of roof reserve accounts is based on the square foot surface area of
				the roof. The term "roof" does not include sloped siding that is not a part of
				a roof structure, does not serve the purpose of a roof and the deterioration of
				which would not result in damage to the interior of the improvements.
(b) The age of any component or structure,
				for which the developer is funding a reserve account, shall be measured -
1. Beginning with the later of:
a. The date when the component or structure
				was replaced or substantially renewed, if the replacement or renewal of the
				component at least met the requirements of the then applicable building code;
				or
b. The date when the
				installation or construction of the existing component or structure was
				completed; and
2. Ending
				with the date when the first unit is sold.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-25 - VOLUNTEER AND PAID MEDIATION RULES › Section 61B-25.001 - Mediation Definitions

Current through Reg. 50, No. 138; July 16, 2024
For purposes of Sections
				  718.501(1)(l)
				  and 719.501(1)(n),
				  F.S., the following definitions shall apply:
(1) "Mediation" means a process whereby a
				neutral third person acts to encourage and facilitate the resolution of a
				dispute between two or more parties. It is an informal and nonadversarial
				process with the objective of helping the disputing parties reach a mutually
				acceptable and voluntary agreement. In mediation, decision making authority
				rests with the parties. The role of the mediator includes, for example,
				assisting the parties in identifying issues, fostering joint problem-solving,
				and exploring settlement alternatives.
(2) The phrase "mediated a dispute" means
				that the person as neutral third party assisted parties to a dispute with the
				goal of reaching a mutually acceptable and voluntary agreement through
				mediation as described in subsection (1) of this rule. The following shall not
				be considered as having "mediated a dispute":
(a) Having served as counsel or adviser to a
				party to a mediation;
(b) Having
				been a party to a mediation; or
(c)
				Having participated in mediation as part of training or
				mentoring.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-25 - VOLUNTEER AND PAID MEDIATION RULES › Section 61B-25.002 - Volunteer and Paid Mediator Lists

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The division will maintain lists of both volunteer and paid mediators who have
				met the requirements of Sections
				718.501(1)(l)
				and 719.501(1)(n),
				F.S., and these rules. The lists will include the name, address, and telephone
				number of each applicant who has met the statutory and rule requirements for
				appearing on the lists. Names shall be removed from the lists as provided in
				this rule.
(2) The division will
				update the list of volunteer mediators on July 1 of each year by sending a
				letter to each individual on the list, requesting that the individual advise
				the division within 30 days if the individual wishes to remain on the list. The
				division will remove the name of any individual who fails to notify the
				division in writing within 30 days from the date of the notice that the
				individual wishes to remain on the list. The removed name will be added to the
				list again upon written request of the person whose name was removed.
(3)
(a) The
				division will remove from the list of volunteer mediators the name of any
				person who accepts any compensation or reimbursement for the mediation of a
				condominium dispute when the mediator was selected from the list or who submits
				false information in the application or documentation required by Rule
				61B-25.003, Florida
				Administrative Code.
(b) The
				division will remove from the list of paid mediators the name of any person who
				submits false information in the application or documentation required by Rule
				61B-25.003, Florida
				Administrative Code.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-25 - VOLUNTEER AND PAID MEDIATION RULES › Section 61B-25.003 - Procedure for Applying; Volunteer Mediators

Current through Reg. 50, No. 138; July 16, 2024
(1) A person who has met the requirements of
				Sections 718.501(1)(1)
				and 719.501(1)(n),
				F.S., and these rules, and who wishes to be placed on a list of volunteer
				mediators maintained by the division, shall submit a completed BPR Form 33-035,
				APPLICATION FOR VOLUNTEER MEDIATOR, incorporated herein by reference and
				effective 3-18-93, and supporting documentation of training or experience to
				the Department of Business and Professional Regulation, Division of Florida
				Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee,
				Florida 32399-1030. A copy of BPR form 33-035, may be obtained by writing to
				the Division of Florida Condominiums, Timeshares, and Mobile Homes at the
				address stated in this paragraph.
(2) The supporting documentation which shall
				be submitted with BPR form 33-035, Application for Volunteer Mediator, shall
				consist of the following:
(a) Verification of
				the completion of 20 hours of training in mediation techniques. Verification
				shall consist of a certificate of completion from a training program or a
				notarized statement from an instructor or entity providing the training which
				verifies completion of 20 hours of training in mediation techniques or other
				verifiable evidence of completion of the training requirement; or
(b) Verification of having mediated 20
				disputes. Verification shall consist of either of the following:
1. Documentation of having mediated at least
				20 disputes in a mediation program such as a County Citizen Dispute Settlement
				Program; or,
2. An affidavit from
				the applicant attesting to having mediated at least 20 disputes. If an
				affidavit is provided, it shall be supplemented with notarized statements
				attesting to the mediations from all parties of at least five disputes mediated
				by the applicant.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-25 - VOLUNTEER AND PAID MEDIATION RULES › Section 61B-25.004 - Procedure for Applying; Paid Mediators

Current through Reg. 50, No. 138; July 16, 2024
(1) A person who has met the requirements of
				Sections 718.501(1)(l)
				and 719.501(l)(n),
				F.S., and these rules, and is certified by the Florida Supreme Court to mediate
				court cases in either county or circuit courts, and who wishes to be placed on
				a list of paid mediators maintained by the division, shall submit a completed
				DBPR Form CO 6000-33-042, APPLICATION FOR PAID MEDIATOR, incorporated herein by
				reference and effective 12-2-97, and supporting documentation to the Department
				of Business and Professional Regulation, Division of Florida Condominiums,
				Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida
				32399-1030. A copy of DBPR Form CO 6000-33-042, may be obtained by writing to
				the Division of Florida Condominiums, Timeshares, and Mobile Homes at the
				address stated in this paragraph.
(2) The supporting documentation which shall
				be submitted with DBPR Form CO 6000-33-042, is an acknowledgment from the
				Florida Supreme Court that the applicant is currently certified by the Florida
				Supreme Court to mediate cases in either circuit or county courts.
(3) Based upon the application and
				documentation submitted by the applicant, the division will determine if the
				applicant meets the requirements to be included on the list of paid mediators
				to be maintained by the division. If it is determined by the division that the
				applicant does not meet the minimum requirements, the division will notify the
				applicant by letter. The applicant's name will not be placed on the list unless
				the applicant demonstrates that the minimum requirements have been met. If a
				person certified as a paid mediator by the division is no longer certified by
				the Florida Supreme Court to mediate court cases in either circuit or county
				courts, the person shall immediately so notify the division and the person's
				name shall be automatically deleted from the list of paid
				mediators.
Rulemaking Authority
					 718.501,
					 719.501 FS. Law Implemented
					 718.501(1)(l),
					 719.501(1)(n)
					 FS.
New 12-2-97, Amended
					 2-25-07.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-29 - MOBILE HOME RULES DEFINITIONS › Section 61B-29.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For purposes of Rule Chapters 61B-30, 61B-31, 61B-32, 61B-33,
				  and 61B-35, F.A.C., the definitions in this rule shall apply.
(1) "Promoting" means the use of advertising
				material which describes any aspect of the mobile park or the terms of the
				lease used in connection with the sale of a new mobile home or a lease of a
				mobile home lot. Descriptions which are limited to the name and address of a
				park shall not be deemed promoting.
(2) "Offer" means any advertisement,
				inducement, solicitation or attempt to encourage any person to enter into a
				rental agreement or extend or renew an existing rental agreement for a mobile
				home lot, whether existing or proposed.
Rulemaking Authority
					 723.006(7) FS.
					 Law Implemented 723.016
					 FS.
New 3-20-95, Amended 1-26-97,
					 7-10-16.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-30 - FEES, FILINGS, AND ADVERTISING › Section 61B-30.001 - Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) 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.
(2)
				Annual fee - If the number of mobile home lots in the park changes during the
				year, the fee shall be paid for the maximum number of mobile home lots owned by
				the park owner during the year.
(3)
				Prospectus filing fee - Upon filing the prospectus required by Section
				723.011, F.S., the park owner
				shall pay a prospectus filing fee for each prospectus filed as follows:
(a) If any of the mobile home lots were
				covered under a Department of Health (DOH) mobile home park permit prior to
				June 4, 1984, the fee described in Section 723.011(1)(c)2., F.S., shall be
				based upon the number of mobile home lots required to be covered under a DOH
				permit at the time of the prospectus filing, unless the park owner files a
				prospectus for a greater number of mobile home lots than were covered under the
				permit. In that event, the fee shall be based upon the number of lots for which
				the prospectus is filed.
(b) For
				parks which obtain a permit on or after June 4, 1984, the filing shall be
				accompanied by a fee of $10 for each mobile home lot covered under the permit
				offered for lease with the prospectus; provided that the fee shall not be less
				than $100. If the park owner wishes to file a prospectus for a greater number
				of mobile home lots than are covered under the permit, the fee shall be based
				upon the number of mobile home lots for which the prospectus is filed; provided
				that the fee shall not be less than $100.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-30 - FEES, FILINGS, AND ADVERTISING › Section 61B-30.002 - Filing and Examination of a Prospectus

Current through Reg. 50, No. 138; July 16, 2024
(1) "Filing" occurs when all of the following
				have been received by the division:
(a) All
				forms and documents, completed, tabbed, labeled and assembled in accordance
				with these rules;
(b) The completed
				Park Owner Prospectus Filing Statement, BPR Form 402, incorporated herein by
				reference and effective 8-31-94, and which may be obtained by writing to the
				Department of Business and Professional Regulation, Division of Condominiums,
				Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida
				32399-1030; and,
https://www.flrules.org/Gateway/reference.asp?No=Ref-06507
.
(c) The correct filing fees as required by
				Section 723.011,
				F.S.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-30 - FEES, FILINGS, AND ADVERTISING › Section 61B-30.008 - 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
				mobile home education provider shall file with the division the educational
				materials required by Section
				723.006(14)(a),
				F.S.
(2) All materials must be
				submitted to the division via e-mail to
				CTMH.BdMbrCertProviders@myfloridalicense.com, by providing access to web-based
				training programs, or in either printed form or CD ROM format to the following
				address:
Department of Business and Professional Regulation
Division of Florida Condominiums, Timeshares, and Mobile
				  Homes
2601 Blair Stone Road
Tallahassee, FL 32399-1030
(3) Programs shall cover at least four of the
				following topics in order to meet the requirements of an educational curriculum
				for a mobile home education program as provided in Section
				723.006(14),
				F.S.:
(a) Homeowners' Association statutory
				rights and regulatory responsibilities to the association and the mobile home
				owners.
(b) Elections.
(c) Financial reporting.
(d) Association operations.
(e) Records maintenance, including mobile
				home owner access to records.
(f)
				Dispute resolution.
(g) Homeowners'
				Association Formation.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-32 - MOBILE HOME MEDIATION RULES › Section 61B-32.002 - Notice of Lot Rental Increase; Reduction in Services or Utilities; or Change in Rules and Regulations

Current through Reg. 50, No. 138; July 16, 2024
(1) The provisions
				of section 723.037, F.S., apply to mobile
				home subdivisions, except for increases in maintenance fees.
(2) A copy of the notice shall be retained by
				the park owner or subdivision developer with a dated written statement signed
				by the park owner or subdivision developer certifying the date the notice was
				given to all affected homeowners in the park or subdivision and the board of
				directors of the homeowners' association if one has been established. If all
				notices are mailed, the park owner or developer may retain a post office
				certificate of mailing in lieu of the written statement.
Rulemaking Authority
					 723.006(7) FS.
					 Law Implemented 723.037
					 FS.
New 2-6-85, Formerly 7D-32.02, Amended 8-2-87, 10-13-87,
					 Formerly 7D-32.002, Amended 8-31-94, 11-15-95,
					 1-19-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-32 - MOBILE HOME MEDIATION RULES › Section 61B-32.003 - Designation of Homeowners' Committee

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Any homeowner or group of homeowners may obtain the approval of the required
				homeowners to the designation of a homeowners' committee either at a meeting,
				by agreement in writing, or a combination thereof.
(2) If a mobile home or subdivision lot is
				owned jointly, the owners of that mobile home or subdivision lot shall be
				counted as one for the purpose of determining the number of votes required for
				a majority. Only one vote per mobile home or subdivision lot shall be counted.
				A majority shall constitute any number greater than 50 percent of the
				total.
(3) The homeowners'
				association or committee shall retain records to verify the selection of the
				committee by a majority of the affected homeowners or the board of directors of
				the association. The records shall be retained until the dispute is resolved or
				the mediation process described in section
				723.037, F.S., has been
				completed, or, in the case of a homeowners' association, for not less than 7
				years.
Rulemaking Authority
					 723.006(7) FS.
					 Law Implemented 723.037
					 FS.
New 2-6-85, Formerly 7D-32.03, Amended 8-2-87, 10-2-90,
					 Formerly 7D-32.003, Amended 11-15-95.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-32 - MOBILE HOME MEDIATION RULES › Section 61B-32.0056 - Appointment of a Mediator and Mediation Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) In order to be appointed by the division,
				a mediator meeting the requirements of Section
				723.038(2),
				F.S., must file an application with the division. The application must be
				submitted on BPR form 34-003, APPLICATION FOR MEDIATORS, incorporated herein by
				reference and effective 1-19-97. The form may be obtained by writing to the
				Department of Business and Professional Regulation, Division of Condominiums,
				Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida
				32399-1030.
(2) If a mediator in
				the circuit in which the mobile home park is located is unavailable from both a
				list of circuit court mediators in the judicial circuit and from the Florida
				Growth Management Conflict Resolution Consortium list, the division will
				appoint a mediator from outside the circuit, beginning with circuits which are
				located in the same geographic region.
(3) The division will select a mediator from
				the following lists using an alphabetical rotation:
(a) An alphabetical list of circuit court
				mediators by judicial circuit consisting of meditators willing to mediate in
				that judicial circuit.
(b) An
				alphabetical list of mediators maintained by the Florida Growth Management
				Conflict Resolution Consortium.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-33 - MOBILE HOME RULES FOR RECALLS IN HOMEOWNERS' ASSOCIATIONS › Section 61B-33.001 - Class Voting

Current through Reg. 50, No. 138; July 16, 2024
When the governing documents provide that a specific class of
				  members of a homeowners' association created pursuant to Section
				  723.075, F.S., is entitled to
				  elect a director or directors to the board, the class of homeowners electing
				  such director or directors to the board shall constitute all the voting
				  interests that may recall or remove such director or
				  directors.
Rulemaking Authority
					 723.1255 FS. Law Implemented
					 723.078(2)(i)
					 FS.
New 2-24-16.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-33 - MOBILE HOME RULES FOR RECALLS IN HOMEOWNERS' ASSOCIATIONS › Section 61B-33.0015 - Absentee Ballot

Current through Reg. 50, No. 138; July 16, 2024
"Absentee ballot," as provided by Section 723.078(2)(b)2.,
				  F.S., means a ballot completed and delivered in advance of a member meeting, in
				  accordance with the homeowners' association's bylaws, by a member who is not
				  present at the time the vote is taken.
Rulemaking Authority 723.078(2)(b)2. FS. Law Implemented
					 723.078(2)(b)2. FS.
New 4-24-17.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-33 - MOBILE HOME RULES FOR RECALLS IN HOMEOWNERS' ASSOCIATIONS › Section 61B-33.002 - Recall of One or More Directors of a Board of Administration at a Member Meeting; Board Certification; Filling Vacancies

Current through Reg. 50, No. 138; July 16, 2024
(1) Calling a Recall Meeting. Ten percent of
				the voting interests of a homeowners' association created pursuant to Section
				723.075, F.S., may call a
				meeting of the members to recall one or more directors of the association's
				board by giving notice as specified in subsection (2) below.
(2) Noticing a Recall Meeting.
(a) Signature List. Prior to noticing a
				members' meeting to recall one or more directors of the board, a list shall be
				circulated for the purpose of obtaining signatures of not less than 10 percent
				of the voting interests. The signature list shall:
1. State that the purpose for obtaining
				signatures is to call a meeting of the members to recall one or more directors
				of the board;
2. State that
				replacement directors shall be elected at the meeting, if a majority or more of
				the existing directors are successfully recalled at the meeting; and,
3. Contain lines for the voting interest to
				fill in his or her mobile home lot number, signature and date of
				signature.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-33 - MOBILE HOME RULES FOR RECALLS IN HOMEOWNERS' ASSOCIATIONS › Section 61B-33.003 - Recall by Written Agreement of the Voting Interests; Board Certification; Filling Vacancies

Current through Reg. 50, No. 138; July 16, 2024
(1) Form of Written
				Agreement. All written agreements used for the purpose of recalling one or more
				directors of a homeowners' association created pursuant to Section
				723.075, F.S., shall:
(a) List by name each director sought to be
				recalled;
(b) Provide spaces by the
				name of each director sought to be recalled so that the person executing the
				agreement may indicate whether that individual director should be recalled or
				retained;
(c) List, in the form of
				a ballot, at least as many eligible persons who are willing to be candidates
				for replacement directors as there are directors subject to recall, in those
				cases where a majority or more of the board is sought to be recalled.
				Candidates for replacement directors shall not be listed when a minority of the
				board is sought to be recalled, as the remaining board may appoint
				replacements. A space shall be provided by the name of each candidate so that
				the person executing the agreement may vote for as many replacement candidates
				as there are directors sought to be recalled. A space shall be provided and
				designated for write-in votes. The failure to comply with the requirements of
				this subsection shall not effect the validity of the recall of a director or
				directors;
(d) Provide a space for
				the person signing the written agreement to state his or her name, identify his
				mobile home lot number, and indicate the date the written agreement is
				signed;
(e) Provide a signature
				line for the person executing the written agreement to affirm that he or she is
				authorized in the manner required by the governing documents to cast the vote
				for that mobile home lot; and,
(f)
				Designate a representative who shall open the written agreements, tally the
				votes, serve copies on the board and, in the event the board does not certify
				the recall by written agreement and files a petition for arbitration, receive
				pleadings (e.g., copies of a petition for recall arbitration, motions),
				notices, or other papers on behalf of the persons executing the written
				agreement.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-33 - MOBILE HOME RULES FOR RECALLS IN HOMEOWNERS' ASSOCIATIONS › Section 61B-33.004 - Operation of the Homeowners' Association

Current through Reg. 50, No. 138; July 16, 2024
Excluding meetings between the board of directors or its
				  appointed homeowners' committee and the park owner, any member of the
				  homeowners' association may tape record or videotape meetings of the board of
				  directors of the homeowners' association and its committees, subject to the
				  following:
(1) Mobile home owners are
				authorized to utilize at any such meeting audio and video equipment and devices
				which do not produce distracting sound or light emissions.
(2) If adopted in advance by the board or
				mobile home owners as a written rule, advance notice must be given to the board
				by any mobile home owner desiring to utilize any audio or video recording
				equipment at a meeting.
(3) If
				adopted in advance by the board or mobile home owners as a written rule, audio
				and video equipment must be assembled and placed in position in advance of the
				commencement of the meeting.
(4) If
				adopted in advance by the board or mobile home owners as a written rule, anyone
				using audio or video recording equipment at a meeting is not permitted to move
				about the meeting room in order to facilitate the
				recording.
Rulemaking Authority 723.078(2)(c)4. FS. Law Implemented
					 723.078(2)(c)4. FS.
New 7-10-16.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-35 - MOBILE HOME MINOR VIOLATIONS › Section 61B-35.001 - Purpose and Effect (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 723.006(9) FS.
					 Law Implemented 723.006
					 FS.
New 12-3-98, Repealed
					 7-14-19.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-35 - MOBILE HOME MINOR VIOLATIONS › Section 61B-35.002 - Minor Violations Categories

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Pursuant to Section 723.006, Florida Statutes, the
				following items are designated as minor violations of Chapter 723, Florida
				Statutes:
(a) Failure to provide a prospectus
				to a mobile home owner that incorporates the 1988 legislative amendments to the
				prospectus pursuant to Section
				723.011, Florida
				Statutes.
(b) Failure to file
				copies of advertising required by Section
				723.016(1),
				Florida Statutes.
(c) Failure to
				post park rules and regulations required by Section
				723.035(1),
				Florida Statutes.
(d) Failure to
				file copies of lot rental increases with the agency required by Section
				723.037(3), Florida Statutes.
(e)
				Failure to meet to discuss a notice of change as required by Section
				723.037(4),
				Florida Statutes, if there is mutual written agreement between the homeowners'
				committee and the park owner to meet at a time beyond the 30-day requirement,
				if a meeting is requested by either party.
(f) Failure to file rule changes with the
				division no later than 10 days after the effective date of the changes as
				provided in the notice of rules change.