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-35 - MOBILE HOME MINOR VIOLATIONS › Section 61B-35.003 - Enforcement of Minor Violations

Current through Reg. 50, No. 138; July 16, 2024
For statutory or rule violations determined to be minor in
				  Rule 61B-35.002, F.A.C., the division
				  will take the following approach:
(1)
				If the division has reasonable cause to believe that a violation may have
				occurred, a Warning Letter will be sent to the alleged violator. The Warning
				Letter will give the alleged violator forty-five (45) days from the postmark
				date of the letter in which to address, correct, or dispute the violation. In
				its Warning Letter, the division shall recommend that the alleged violator
				review other mobile home parks owned by the alleged violator, if any, to
				determine whether a similar violation exists. To avoid any civil penalties in
				these other mobile home parks, the alleged violator must initiate corrective or
				mitigative action in response to the initial Warning Letter in those other
				mobile home parks. The corrective or mitigative action must be completed within
				90 days of the postmark of the Warning Letter. The Warning Letter will identify
				the alleged violation stating the relevant facts supporting the alleged
				violation, and provide a contact telephone number and an investigator's name so
				that the alleged violator may contact the division for information in obtaining
				compliance. However, it is solely the responsibility of the alleged violator to
				take action to achieve statutory or rule compliance and to provide proof of
				such compliance to the division. The division shall only issue a Warning Letter
				if the alleged violator has no prior Warning Letter, Notice to Show Cause,
				Final Order or Consent Order for the same violation. The Warning Letter shall
				not be considered final agency action. The agency will advise the complainant
				of the resolution of the complaint.
(2) If, as a result of the Warning Letter,
				the alleged violator corrects the statutory or rule violation within the 45-day
				time period referenced in subsection (1) above, no civil penalty shall be
				assessed for the violation.
(3) If
				the alleged violator fails to correct the minor statutory or rule violation
				within the time period specified in subsection (1) above, or if an alleged
				violator commits repeated violations of the same statutory or rule provisions,
				a civil penalty may be assessed of up to $250.00 per violation. For purposes of
				this rule, the prior issuance of a Warning Letter shall not be considered
				evidence of a prior rule or statutory violation.
Specific Authority
					 723.006(9) FS.
					 Law Implemented 723.006
					 FS.
New 12-3-98.
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-35.004 - Suggested Notice Forms

Current through Reg. 50, No. 138; July 16, 2024
(1) The division
				adopts the forms below as suggested forms for use by park owners and operators.
(a) "90-Day Notice of Lot Rental Amount
				Increase", DBPR Form MH 6000-8, incorporated herein by reference and effective
				12-3-98;
(b) "90-Day Notice of
				Reduction in Services or Utilities", DBPR Form MH 6000-9, incorporated herein
				by reference and effective 12-3-98;
(c) "90-Day Notice of Proposed Rules Change",
				DBPR Form MH 6000-10, incorporated herein by reference and effective 12-3-98;
				and
(d) "Notice of Increase in Lot
				Rental Amount Due to Pass-Through Charge", DBPR Form MH 6000-11, incorporated
				herein by reference and effective 12-3-98.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-37 - TIME-SHARE PLANS › Section 61B-37.002 - Advertising Material

Current through Reg. 50, No. 138; July 16, 2024
(1) In evaluating
				whether oral statements or advertising material, including prize and gift
				promotional offers, violate the terms of Section
				721.11 (4), Florida Statutes,
				the Division shall consider both explicit representations and reasonable
				inferences created by such materials or statements. To determine whether
				representations are misleading, the Division shall review the advertising
				materials in their totality.
(2)
				The developer of the timeshare plan must file all advertising material with the
				division, including prize and gift promotional offers, prior to use, and shall
				accompany such filing with DBPR Form TS 6000-12, Filing Statement for
				Advertising Material, incorporated herein and effective12-18-01, a copy of
				which may be obtained at the address reference in subsection
				61B-39.002(4),
				F.A.C. At the request of the developer, the division shall review the
				advertising material and notify the developer of any deficiencies within 10
				days after the filing advising the developer of specific deficiencies in the
				advertising material that must be corrected. Where additional or corrected
				material is submitted to modify previously filed advertising material,
				including advertising submitted in response to a deficiency notice from the
				division, such material must be filed with the division prior to use of the
				modified advertising material.
(3)
				Notwithstanding the provisions of subsection (2), a developer may use a piece
				of advertising material prior to filing that merely corrects material
				previously filed with the division if the correction is unrelated to any
				deficiency letter issued by the division. A piece of advertising material
				corrects previously filed material when it only cures typographical or printing
				errors that do not change the meaning of the previously filed material. Such
				material shall be filed with the division at the time of
				use.
Specific Authority 721.11,
					 721.111,
					 721.26(6) FS.
					 Law Implemented 721.11(4)
					 FS.
New 1-1-85, Formerly 7D-37.02, 7D-37.002, Amended 8-24-94,
					 2-13-97, 2-15-00, 12-18-01.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-37 - TIME-SHARE PLANS › Section 61B-37.004 - Prize and Gift Promotional Offers

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Contents of Filing. In addition to the general filing requirements of Sections
				721.11 and
				721.111(4),
				Florida Statutes, and other applicable Chapter 61B-37, F.A.C., rules, each
				filing with the division of a prize and gift promotional offer shall comply
				with the following specific requirements:
(a)
				In instances where a manufacturer's suggested retail price must be disclosed,
				this figure shall be evidenced by a letter from the manufacturer of the item
				stating its suggested retail price or by the manufacturer's printed price list.
				Where disclosure of a verifiable retail value is required, this value may be
				evidenced by providing the division with a page from a national or a regional
				retail catalog depicting the item, or a comparable item, properly used as a
				reference of retail value or by providing the division with copies of the
				actual purchase and invoice agreements governing the purchase of the
				item.
(b) In disclosing the terms
				and conditions and other information concerning the use of lodging or vacation
				certificates, and in providing reasonable assurances that the obligations
				thereunder will be met, the developer shall include the following information:
1. The name and address of the business
				entity or entities creating and distributing the lodging or vacation
				certificates;
2. A copy of the
				lodging or vacation certificate;
3.
				The name and location of the resort, hotel, motel, time-share project or other
				entity providing benefits under the vacation or lodging certificate.
4. A letter to the division from the
				developer verifying that a bona fide agreement exists, between the certificate
				supplier and the developer.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-39 - FILING REQUIREMENTS FOR PUBLIC OFFERING STATEMENTS › Section 61B-39.002 - Public Offering Statement and Purchase Agreement Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Each registered public offering statement
				shall:
(a) Be paginated numerically in
				consecutive order within each tabbed section;
(b) Wherever possible, be printed on both
				sides of each page in 10-point size and on 8 1/2'' x 11'' paper;
(c) Be securely bound along the left margin,
				fastened between firm removable covers, and submitted in an expandable file
				folder;
(d) Contain a divider with
				a labeled tab between each prescribed portion of the POS corresponding to BPR
				Form 503, Table of Contents to Multisite Public Offering Statement, effective
				6-12-96, or DBPR Form 6000-9, Table of Contents to Single-Site/ Component Site
				Public Offering Statement, effective 12-18-01, both incorporated herein by
				reference a copy of which may be obtained at the address referenced in
				subsection 61B-39.002(4),
				F.A.C.; and
(e) Not contain
				conspicuous type except where required by statute or rule, or as permitted by
				the division pursuant to Section
				721.07(5)(gg),
				F.S.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-39 - FILING REQUIREMENTS FOR PUBLIC OFFERING STATEMENTS › Section 61B-39.003 - Filing of Single-Site Timeshare Plans

Current through Reg. 50, No. 138; July 16, 2024
(1) Each developer of a single-site timeshare
				plan shall file a single-site registered POS with the division pursuant to
				Section 721.07(5),
				F.S., and these rules. The single-site registered POS shall:
(a) Include all of the information and
				disclosures required in Section
				721.07(5),
				F.S.;
(b) Follow the filing format
				and forms prescribed in this rule; and
(c) Disclose any additional information
				prescribed in this rule.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-39 - FILING REQUIREMENTS FOR PUBLIC OFFERING STATEMENTS › Section 61B-39.004 - Delivery of Single-Site Purchaser Public Offering Statements

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to Section 721.07(6), Florida
				Statutes, a developer of a single-site timeshare plan shall deliver to every
				purchaser of the single-site timeshare plan a single-site purchaser POS, which
				shall contain all of the following:
(a) A copy
				of the single-site registered public offering statement text as prescribed in
				Section 721.07(5),
				Florida Statutes, and Rule
				61B-39.003, F.A.C.;
(b) A copy of the exhibits prescribed in
				Sections 721.07(5)
				(ff)1., 2., 4., 5., 8., and 16., Florida Statutes, as applicable. Pursuant to
				Section 721.07(6) (b)
				and Section 721.07(5)(ff)19., Florida Statutes, if the single-site is one
				created as a tenancy-in-common, the purchaser shall receive the document or
				documents creating the tenancy-in-common, including at a minimum a Declaration
				of Covenants, Conditions and Restrictions; and
(c) Any other exhibit that the developer has
				filed with the division pursuant to Section 721.07(5), Florida Statutes, and
				Rule 61B-39.003, F.A.C., which the
				developer is not required but elects to include in the purchaser POS pursuant
				to Section 721.07(6) (d),
				Florida Statutes.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-39 - FILING REQUIREMENTS FOR PUBLIC OFFERING STATEMENTS › Section 61B-39.005 - Filing of Multisite Timeshare Plans

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Each developer of a multisite timeshare plan pursuant to Section 721.07,
				Florida Statutes, shall file a multisite registered POS pursuant to Section
				721.55, Florida Statutes, and
				these rules. The multisite registered POS shall:
(a) Include all of the information and
				disclosures required in Section
				721.55, Florida
				Statutes;
(b) Follow the filing
				format and forms prescribed in this rule; and
(c) Disclose any additional information
				prescribed in this rule.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-39 - FILING REQUIREMENTS FOR PUBLIC OFFERING STATEMENTS › Section 61B-39.006 - Delivery of Multisite Purchaser Public Offering Statements

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to Section 721.551(2), Florida
				Statutes, a developer of a multisite timeshare plan shall deliver to every
				purchaser of the multisite timeshare plan a multisite purchaser POS, which
				shall contain all of the following:
(a) A copy
				of the multisite registered public offering statement text as prescribed in
				Section 721.55(1)-(6),
				Florida Statutes, and Rule
				61B-39.005, F.A.C.;
(b) If the purchaser will receive a timeshare
				estate or specific timeshare license in a component site located or sold in
				this state, the single-site purchaser POS with content and format as required
				by Section 721.07(6)(a) and
				(b), Florida Statutes, and Rule
				61B-39.004, F.A.C.;
				and
(c) Any other exhibit that the
				developer has filed with the division pursuant to Section 721.55, Florida
				Statutes, and Rule 61B-39.005, F.A.C., which the
				developer elects to include pursuant to Section
				721.551(2)(d),
				Florida Statutes.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-39 - FILING REQUIREMENTS FOR PUBLIC OFFERING STATEMENTS › Section 61B-39.007 - Public Offering Statement Amendments

Current through Reg. 50, No. 138; July 16, 2024
(1) The developer shall file a proposed
				amendment with the division within 20 business days after any change to an
				approved filing, as defined in these rules. An amendment shall be deemed
				approved or effective upon written approval by the division unless other
				required parties, as defined in these rules, must also approve the amendment.
				In the latter case the amendment shall be deemed approved or effective upon
				both written approval by the division and appropriate approval by all other
				required parties.
(2) An amendment
				to the form of purchase agreement or the receipt for timeshare documents or any
				other document of which a fully executed copy must be given to the purchaser
				pursuant to Section 721.07(6) or
				721.551, Florida Statutes, and
				these rules, does not need to be given to a purchaser pursuant to Section
				721.07(3)(a)2., Florida Statutes, unless such purchaser is being required to
				re-execute such document(s).
(3)
				Every proposed amendment filed with the division must clearly delineate amended
				language by underlining added language and striking through language being
				deleted.
(4) In addition to the
				amendment filing fee, each filing of a proposed amendment shall be accompanied
				by a cover sheet containing the following information:
(a) Name and physical location of the
				timeshare plan to which the proposed amendment applies;
(b) Developer's name and mailing
				address;
(c) Division
				Identification Number;
(d)
				Identification of the document to which the amendment applies;
(e) Book, page number, and county where the
				documents creating the timeshare plan are recorded, if applicable;
				and
(f) A statement summarizing and
				explaining each proposed amendment including the page numbers and paragraphs of
				the POS being amended.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-40 - TIMESHARE ACCOUNTING AND FINANCIAL REPORTING REQUIREMENTS SCOPE; BOOKS AND FINANCIAL RECORDS; BUDGETS; GUARANTEES; RESERVES; FINANCIAL REPORTING › Section 61B-40.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For purposes of Chapter 721, F.S., and Chapter 61B-40,
				  F.A.C., the following definitions shall apply:
(1) "Books and financial records" as stated
				in Section 721.13(3)(d),
				F.S., means any records that identify, measure, record, or communicate
				financial information whether the records are maintained electronically or
				otherwise.
(2) "Capital
				contribution" means cash, property or services contributed to a timeshare plan
				by its developer or purchasers, which includes amounts contributed to
				replacement reserves.
(3) "Capital
				expenditure" means any expenditure of funds for:
(a) The purchase of an asset or capital
				reserve item whose useful life is greater than one year;
(b) The replacement of an asset or capital
				reserve item whose useful life is greater than one year; or
(c) The addition, major repair of or
				improvement to an asset or capital reserve item that extends the useful life of
				the previously existing asset for a period of greater than one year.
This definition shall not preclude the managing entity from
				  establishing its own capitalization policies.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-40 - TIMESHARE ACCOUNTING AND FINANCIAL REPORTING REQUIREMENTS SCOPE; BOOKS AND FINANCIAL RECORDS; BUDGETS; GUARANTEES; RESERVES; FINANCIAL REPORTING › Section 61B-40.002 - Scope

Current through Reg. 50, No. 138; July 16, 2024
These rules apply to all condominium and non-condominium
				  timeshare plans and to all units in any timeshare condominium. Chapter 61B-22,
				  F.A.C., shall not apply to timeshare condominiums.
Specific Authority
					 718.501(1)(f),
					 721.03(2),
					 721.26(6) FS.
					 Law Implemented 721.03(2)
					 FS.
New 2-5-96, Amended
					 12-18-01.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-40 - TIMESHARE ACCOUNTING AND FINANCIAL REPORTING REQUIREMENTS SCOPE; BOOKS AND FINANCIAL RECORDS; BUDGETS; GUARANTEES; RESERVES; FINANCIAL REPORTING › Section 61B-40.003 - Books and Financial Records; Fiscal Year

Current through Reg. 50, No. 138; July 16, 2024
(1) Maintenance of books and financial
				records. The books and financial records of every timeshare plan shall be
				maintained in sufficient detail to permit determination of the revenues and
				expenses attributable to separate component sites, condominiums, associations,
				categories of funds such as operating, reserve or property tax, and other
				revenue generating activities within a timeshare plan.
(2) Separate books and financial records
				required. Every managing entity shall maintain separate books and financial
				records as follows:
(a) If the common expenses
				of a component site are not common expenses of the multisite timeshare plan,
				the managing entity shall maintain books and financial records for such
				component site separately from the books and financial records of the multisite
				timeshare plan;
(b) The managing
				entity of a multicondominium timeshare plan shall maintain separate accounting
				records for the multicondominium association and for each condominium operated
				by the association. Multicondominium associations created prior to July 1,
				2000, that do not create separate owership interests of the common surplus of
				the association for each unit, as provided in Sections
				718.104(4)(h)
				and 718.110(12),
				F.S., 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 respective
				declaration;
(c) For timeshare
				plans engaged in activities that generate nonassessment revenues, the managing
				entity shall maintain accounting records in sufficient detail to permit the
				determination of the revenues and expenses of each such revenue generating
				activity.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-40 - TIMESHARE ACCOUNTING AND FINANCIAL REPORTING REQUIREMENTS SCOPE; BOOKS AND FINANCIAL RECORDS; BUDGETS; GUARANTEES; RESERVES; FINANCIAL REPORTING › Section 61B-40.004 - Budgets

Current through Reg. 50, No. 138; July 16, 2024
(1) Required elements for estimated operating
				budgets. The proposed and adopted budget for each timeshare plan shall:
(a) Be stated on an annual basis;
(b) Disclose the fiscal year for which the
				budget will be in effect;
(c) Show
				the total assessment for each use availability period or ownership interest
				according to its proportionate share of ownership or as allocated by the
				timeshare instrument, as applicable;
(d) Include a good faith estimate of all
				revenues of the timeshare plan. Revenue classifications, such as interest,
				assessments, and other categories shall be shown separately. If applicable, the
				following items shall be included in the estimated revenues section of the
				budget:
1. Estimated non-assessment revenues;
				and
2. Estimated common surplus as
				of the beginning of the period for which the budget will be in
				effect.
(e) Include a
				good faith estimate of all common expenses or expenditures of the timeshare
				plan including the categories set forth in Section 721.07(5)(t)3., F.S. The
				following minimum reserve disclosures for proposed budgets are required:
1. Reserves for capital expenditures and
				deferred maintenance as required by Section 721.07(5)(u)3., F.S., shall be
				included in the proposed annual budget, or as a separate reserve budget,
				stating each such reserve category for capital expenditures and deferred
				maintenance as a separate line item and with the following minimum disclosures:
a. The total estimated useful life of the
				asset;
b. The estimated remaining
				useful life of the asset;
c. The
				estimated replacement cost or deferred maintenance expense of the
				asset;
d. The estimated fund
				balance of the asset as of the beginning of the period for which the budget
				will be in effect; and
e. The
				developer's total funding obligation, as if all timeshare periods are sold, for
				each converter reserve account established pursuant to Section
				721.03(3)(e),
				F.S., if applicable.
2.
				Categories of expense that are restricted as to use shall be stated in the
				reserve portion of the budget. Categories of expense that are not restricted as
				to use shall be stated in the operating portion of the
				budget.
(f) Include
				estimated common deficits as of the beginning of the period for which the
				budget will be in effect as a separate line item of the
				budget.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-40 - TIMESHARE ACCOUNTING AND FINANCIAL REPORTING REQUIREMENTS SCOPE; BOOKS AND FINANCIAL RECORDS; BUDGETS; GUARANTEES; RESERVES; FINANCIAL REPORTING › Section 61B-40.005 - Guarantee of Common Expenses Under Sections 718.116(9) and 721.15(2), Florida Statutes

Current through Reg. 50, No. 138; July 16, 2024
(1) Establishment of
				the guarantee. If a guarantee is not established in the timeshare documents any
				agreement establishing a guarantee shall be effective only upon the approval of
				a majority of the non-developer timeshare purchasers. Such approval shall be
				documented in the books and financial records of the timeshare plan.
(2) Guarantee period. The guarantee period
				shall be indicated by a specific beginning and ending date. The guarantee may
				provide for different dollar amounts for different fiscal years within a
				guarantee period.
(a) The ending date shall
				be the same for all of the purchasers including the purchasers in different
				phases of phase condominiums; and
(b) The guarantee may provide for more than
				one fiscal year with different dollar amounts for each such fiscal
				year.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-40 - TIMESHARE ACCOUNTING AND FINANCIAL REPORTING REQUIREMENTS SCOPE; BOOKS AND FINANCIAL RECORDS; BUDGETS; GUARANTEES; RESERVES; FINANCIAL REPORTING › Section 61B-40.006 - Reserves

Current through Reg. 50, No. 138; July 16, 2024
(1) Reserves required by statute. The
				proposed annual budget shall include the reserves required by Section
				721.07(5)(t)3., F.S., for capital expenditures and deferred maintenance,
				including roofing, painting, paving, unit furnishings, and any other building
				components having a useful life that is less than that of the overall
				structure.
(2) Calculating reserves
				required by statute. Reserves for deferred maintenance and capital expenditures
				required by Section 721.07(5)(t)3., F.S., 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, over the remaining
				useful life of the asset. The amount of the current year funding for each
				reserve category shall be the sum of the following two calculations:
(a) If the fund balance of the reserve
				category is less than zero, the total estimated amount necessary to bring such
				negative reserve category balance to zero; and
(b) The total estimated deferred maintenance
				expense or total estimated replacement cost of the asset less the estimated
				balance of the reserve category as of the beginning of the period for which the
				budget will be in effect, the remainder of which shall be divided by the
				estimated remaining useful life of the asset. The formula may consider factors
				such as inflation and earnings on invested funds and may be adjusted each year
				for changes in estimates and deferred maintenance performed during the
				year.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-40 - TIMESHARE ACCOUNTING AND FINANCIAL REPORTING REQUIREMENTS SCOPE; BOOKS AND FINANCIAL RECORDS; BUDGETS; GUARANTEES; RESERVES; FINANCIAL REPORTING › Section 61B-40.0061 - Funding Requirements and Restrictions on Use

Current through Reg. 50, No. 138; July 16, 2024
(1) Timely funding. Reserves included in the
				adopted budget shall be considered common expenses and must be fully funded.
				Reserves shall be funded in the amounts stated in the adopted budget within 30
				calendar days from the date the assessments are collected and not later than
				180 days from the date such assessments are due. This rule shall not preclude
				the managing entity from fully funding the reserves prior to receiving all of
				the assessments due from purchasers.
(2) Reserve restrictions for timeshare plans.
				Neither reserve funds nor any interest earned on reserve funds shall be used
				for the payment of operating expenses unless approved in advance by a majority
				of the purchasers. Interest earned on reserve funds shall be allocated to the
				individual reserve category balances by the managing entity. Reserve funds and
				interest earned on reserve funds may be reallocated between the reserve
				categories by the board of administration at a duly called meeting of the
				board, by amending the current budget or through the next annual budgeting
				process.
Specific Authority
					 721.03(2),
					 721.26(6) FS.
					 Law Implemented 721.03(3), 721.07(5)(u), 721.13(3)(c)2.
					 FS.
New 2-5-96.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-40 - TIMESHARE ACCOUNTING AND FINANCIAL REPORTING REQUIREMENTS SCOPE; BOOKS AND FINANCIAL RECORDS; BUDGETS; GUARANTEES; RESERVES; FINANCIAL REPORTING › Section 61B-40.0062 - Waiver of Reserves

Current through Reg. 50, No. 138; July 16, 2024
For condominium timeshare plans any vote to waive or reduce
				  the funding of reserves required by Section 718.112(2)(f)2. or
				  721.07(5)(t),
				  F.S., shall be effective for only one annual budget. In a multi-condominium
				  association no waiver or reduction of the funding of reserves shall be
				  effective as to a particular condominium unless:
(1) Conducted at a duly called meeting of the
				association;
(2) The same
				percentage of voting interests of the condominium as is otherwise required for
				a quorum of the association is present, or represented by proxy; and
(3) A majority of those voting interests in
				that condominium that are present, or represented by proxy, vote to waive or
				reduce the funding of reserves.
Rulemaking Authority
					 718.501(1)(f),
					 721.03(2),
					 721.26(6) FS.
					 Law Implemented 718.112(2)(f),
					 721.03(3),
					 721.07(5)(t)
					 FS.
New 2-5-96, Amended 12-18-01,
					 1-12-10.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-40 - TIMESHARE ACCOUNTING AND FINANCIAL REPORTING REQUIREMENTS SCOPE; BOOKS AND FINANCIAL RECORDS; BUDGETS; GUARANTEES; RESERVES; FINANCIAL REPORTING › Section 61B-40.007 - Financial Reporting Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Financial statements. The financial statements required by Sections
				718.301(4)(c)
				and 721.13(3)(e),
				F.S., shall at a minimum include the following:
(a) 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.
Items (a) through (f) shall be referred to within this rule
				  as financial statement components.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-41 - TIMESHARE PENALTIES › Section 61B-41.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of this chapter, the following definitions
				  shall apply:
(1) "Bad check" means any
				worthless check, draft, or order of payment identified under section
				68.065, F.S.
(2) "Corrective activities" 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.
(3) "Financial hardship"
				means that the size of the penalty has a disproportionately adverse impact on
				the regulated party, purchaser or timeshare plan in relation to the purpose for
				the discipline being imposed under this rule chapter. Having to special assess
				to pay the penalty does not constitute financial hardship.
(4) "Prior" or "prior violation" means,
				within the context of a violation of chapter 721, F.S., any violation of
				chapters 718, 719, and 721, or part VIII of chapter 468, F.S., and the
				administrative rules promulgated pursuant to those statutes, that has been
				cited by the Division and resulted in final agency action being taken against a
				regulated party. This definition applies regardless of the chronological
				relationship of the violations and regardless of whether the violations are of
				the same or different subsections of these statutes.
(5) "Regulated party" carries the same
				meaning as defined in section
				721.26(5)(a),
				F.S., which includes timeshare solicitors licensed under section
				721.20, F.S.
(6) "Small business" means any regulated
				party that also meets the definition of a small business as defined in section
				288.703,
				F.S.
Rulemaking Authority
					 721.26(6) FS.
					 Law Implemented 721.26(5)(e)
					 FS.
New 2-4-98.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-41 - TIMESHARE PENALTIES › Section 61B-41.002 - Purpose; General Provisions

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Purpose. The purpose of this rule chapter is to notify regulated parties of the
				guidelines and aggravating and mitigating factors that will be utilized by the
				division to determine penalties for specified violations of chapter 721, F.S.,
				and where applicable, in the context of a violation of chapters 721, 468, 718
				and 719, F.S., and the administrative rules promulgated pursuant to those
				chapters. No aggravating factor will be applied to increase a penalty for a
				single violation above the statutory maximum of $10, 000. The guidelines in
				rule 61B-41.003, F.A.C., are based
				upon a single count violation of each provision listed. Multiple counts of the
				violated provisions or a combination of the violations will be added together
				in determining an overall total penalty. The purpose of imposing penalties is
				to discipline the regulated party for violations of the statutes and to deter
				the regulated party from future violations; to offer opportunities for
				rehabilitation when appropriate; and to deter other regulated parties from
				violating chapters 718, 719, 721, and part VIII, chapter 468, F.S. Nothing in
				this rule chapter shall limit the authority of the division to informally
				dispose of administrative actions or complaints by stipulation or settlement
				agreement, or consent order.
(2)
				General Provisions.
(a) Violations Not
				All-Inclusive. Rule 61B-41.003, F.A.C., contains
				illustrative violations. This rule does not, and is not intended to, encompass
				all possible violations of statute or division rule that might be committed by
				regulated parties. The absence of any violation from this rule shall in no way
				be construed to indicate that the violation is not subject to a penalty. In any
				instance where the violation is not listed in this rule, the penalty will be
				determined by consideration of:
1. The
				penalty guidelines and aggravating and mitigating factors specified in this
				rule; and
2. The closest analogous
				violation, if any, that is listed in this rule chapter.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.007 - Communication with Arbitrator

Current through Reg. 50, No. 138; July 16, 2024
(1) While a case
				is pending and within 15 days of entry of a final order, no party or other
				person directly or indirectly interested in an arbitration proceeding nor
				anyone authorized to act on behalf of a party or other interested person shall
				communicate verbally or in writing in the absence of all parties with an
				arbitrator or with the Department of Business and Professional Regulation
				relative to the merits of the arbitration proceeding, threaten an arbitrator,
				or offer an arbitrator any reward.
(2) An arbitrator who has received a
				communication prohibited by this rule, or who has received a threat or offer of
				reward by any person with respect to the conduct or outcome of a proceeding,
				shall place upon the record all written communications received, all written
				responses to such communications and a memorandum stating the substance of all
				oral communications received and all oral responses made, simultaneously
				serving all parties.
Specific Authority
					 718.1255,
					 719.1255 FS. Law Implemented
					 718.1255,
					 719.1255
					 FS.
New 4-1-92, Amended 2-2-93, Formerly 7D-45.007, Amended
					 6-19-96, 7-4-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.009 - Computation of Time; Service by Mail

Current through Reg. 50, No. 138; July 16, 2024
(1) In
				computing any period of time prescribed or allowed for the filing or service
				(i.e., mailing) of any document, the day of the act from which the designated
				period of time begins to run shall not be included. The last day of the period
				shall be included unless it is a Saturday, Sunday or legal holiday as
				prescribed by Section
				110.117, F.S., in which event
				the period shall run until the end of the next business day. When the period of
				time allowed is 7 days or less, intermediate Saturdays, Sundays, and legal
				holidays shall be excluded in the computation.
(2) Additional Time After Service By Mail.
				Unless otherwise ordered by the arbitrator, during the pendency of a case, when
				a party is required or permitted by these rules or by order of the arbitrator
				to do an act within a prescribed period after the service of a document and
				that document is served by regular U.S. mail, five days shall be added to the
				prescribed period. No additional time shall be added to the prescribed period
				if service is made by hand, facsimile transmission, or other electronic
				transmission. No additional time is added for filing a motion for rehearing
				that must be filed (e.g., received by the agency) within 15 days of entry of a
				final order, or a motion for costs and attorney's fees that must be filed
				within 45 days of entry of the final order as required by Rule
				61B-45.048, F.A.C., unless an
				appeal for trial de novo has been timely filed in the courts. Also, no
				additional time is added by operation of this rule for the filing of a
				complaint for trial de novo which must be filed in the courts within 30 days of
				the date of rendition of a final arbitration order as required by Section
				718.1255(4)(k),
				F.S.
Specific Authority
					 718.1255,
					 719.1255 FS. Law Implemented
					 718.1255,
					 719.1255
					 FS.
New 4-1-92, Amended 2-2-93, Formerly 7D-45.009, Amended
					 6-19-96, 7-4-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.010 - Filing; Service of Papers; Signing

Current through Reg. 50, No. 138; July 16, 2024
(1) Filing. Unless specifically ordered,
				every pleading or other paper filed in the proceedings, except the initial
				petition, shall also be served on each party. A pleading or other paper is
				considered "filed" when it is received by the division.
(2) Method and Proof of Service.
(a) When service is to be made upon a party
				represented by an attorney or by a qualified representative, service shall be
				made upon the attorney or representative unless service upon the party is
				ordered by the arbitrator. Service shall be made by delivering or mailing, by
				United States mail postage prepaid, a copy of the document to the attorney,
				representative, or party at that person's last known address.
(b) Certificate of Service. When any
				attorney, representative, or unrepresented party signs a certificate of service
				such as the following, the certificate of service shall be taken as evidence of
				service in compliance with these rules:
"I certify that a copy hereof has been furnished to (here
				  insert name or names and address or addresses) by U.S. mail this ____ day of
				  ____, 19__."
_________________________
Signature
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.011 - Motions; Temporary or Interim Injunctive or Emergency Relief

Current through Reg. 50, No. 138; July 16, 2024
(1) An application to the arbitrator for an
				order shall be made by motion which shall be made in writing, unless made
				during a hearing, shall state in detail the grounds for the relief requested
				and shall set forth the relief or order sought. The arbitrator shall conduct
				such proceedings and make such orders as are deemed necessary to dispose of
				issues raised by motion. Other parties may, within 7 days of service of a
				written motion, file a written response in opposition to the motion.
(2) A party may, either with the original
				petition for arbitration, or any time before entry of a final order, file a
				motion for emergency relief or temporary injunction, which motion or
				accompanying argument shall demonstrate a clear legal right to the relief
				requested, that irreparable harm or injury exists or will result, that no
				adequate remedy at law exists, and that the relief or injunction would not be
				adverse to the public interest. An evidentiary hearing on a motion for
				emergency relief shall be scheduled and held as soon as possible after the
				filing of the motion and supporting petition for arbitration. The hearing will
				be held upon due notice after the petition for arbitration and motion are
				served on the opposing party and may be held prior to the filing of the
				answer.
(3) No temporary injunction
				shall be entered unless a bond is given by the movant in an amount the
				arbitrator upon testimony taken deems sufficient, conditioned for the payment
				of costs and damages sustained by the adverse party if the adverse party is
				wrongfully enjoined.
Specific Authority
					 718.1255,
					 719.1255 FS. Law Implemented
					 718.1255,
					 719.1255
					 FS.
New 4-1-92, Formerly 7D-45.011, Amended 6-19-96, 12-10-96,
					 7-4-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.015 - Parties; Appearances; Substitution and Withdrawal of Counsel

Current through Reg. 50, No. 138; July 16, 2024
(1) Parties in proceedings before the
				arbitrator are unit owners, associations, and tenants to the extent provided in
				subsection 61B-45.013(5),
				F.A.C. If the dispute involves a tenant, the tenant and the unit owner shall be
				named as party respondents. If the petition may directly affect the particular
				interests of a non-party unit owner, the unit owner shall be made a party to
				the proceeding. Parties shall be entitled to receive copies of all pleadings,
				motions, notices, orders and other matters filed in a proceeding. The party who
				files a petition shall be designated as the petitioner. The party who files an
				answer shall be designated as the respondent.
(2) Withdrawal of Counsel or Representative.
				An attorney or qualified representative who has filed a petition or has
				otherwise become an attorney or representative of record for any party to a
				proceeding under these rules shall remain attorney or representative of record
				in said cause and shall be permitted to withdraw from the cause only upon
				filing a notice with the arbitrator, which notice shall provide a correct
				mailing address for the client.
Specific Authority
					 718.1255,
					 719.1255 FS. Law Implemented
					 718.1255,
					 719.1255
					 FS.
New 4-1-92, Amended 2-2-93, Formerly 7D-45.015, Amended
					 9-21-94, 6-19-96.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.016 - Expedited Procedure for Determination of Jurisdiction

Current through Reg. 50, No. 138; July 16, 2024
(1) Any party who is in doubt as to whether a
				controversy falls within the jurisdiction of the division may file with the
				division a completed DBPR Form ARB 6000-004, REQUEST FOR EXPEDITED
				DETERMINATION OF JURISDICTION, incorporated in subsection
				61B-45.001(7),
				F.A.C. A request for expedited determination of jurisdiction shall be
				accompanied by either a completed DBPR Form ARB 6000-001, MANDATORY NON-BINDING
				PETITION FORM or DBPR Form ARB 6000-013, MANDATORY NONBINDING PETITION FORM FOR
				A TERMINATION DISPUTE, incorporated in subsections
				61B-45.001(3) and
				(4), F.A.C., which shall include the $50
				filing fee provided by Section
				718.1255, F.S.
(2) If the determination of jurisdiction is
				subject to reasonable dispute, within 10 days of the assignment of a request
				for relief pursuant to this rule, the arbitrator shall deliver by U.S. mail to
				all other persons involved with the dispute, a copy of the request for relief,
				and shall provide such persons an opportunity to serve a response on the issue
				of whether the dispute falls within the jurisdiction of the division.
(3) The arbitrator, within 20 days of receipt
				of the responses permitted by subsection (2) above, shall make a determination
				of whether the controversy falls within the jurisdiction of the division, and
				shall enter an appropriate order.
Rulemaking Authority
					 718.1255,
					 719.1255 FS. Law Implemented
					 718.117(16),
					 718.1255,
					 719.1255
					 FS.
New 4-1-92, Amended 2-2-93, Formerly 7D-45.016, Amended
					 9-21-94, 6-19-96, 7-4-04, 7-20-16.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-45 - THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE › Section 61B-45.017 - Initiation of Arbitration Proceedings; Content of Petition

Current through Reg. 50, No. 138; July 16, 2024
(1) Initiation of arbitration proceedings
				shall be made by a unit owner or association filing the original petition for
				arbitration and one copy for each named respondent with the Division of Florida
				Condominiums, Timeshares, and Mobile Homes. All petitions shall be submitted on
				either a completed DBPR Form ARB 6000-001, MANDATORY NON-BINDING PETITION FORM
				or DBPR Form ARB 6000-013, MANDATORY NONBINDING PETITION FORM FOR A TERMINATION
				DISPUTE, as applicable and incorporated in subsections
				61B-45.001(3) and
				(4), F.A.C. A fee of $50.00 shall be included
				with each petition for arbitration. A petition which is not accompanied by this
				fee shall not be processed. Once a petition and the filing fee is received by
				the division for filing, the fee cannot be refunded.
(2) If a person other than an attorney files
				a petition or other pleading as a representative of a party, that person shall
				simultaneously file a completed DBPR Form ARB 6000-002, QUALIFIED
				REPRESENTATIVE APPLICATION, incorporated in subsection
				61B-45.001(5),
				F.A.C.
Rulemaking Authority
					 718.1255,
					 719.1255 FS. Law Implemented
					 718.117(16),
					 718.1255,
					 719.1255
					 FS.
New 4-1-92, Amended 2-2-93, Formerly 7D-45.017, Amended
					 9-21-94, 12-20-95, 6-19-96, 2-17-98,
					 7-20-16.