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-50 - THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION › Section 61B-50.131 - Conduct of Formal Hearing; Evidence

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Hearings shall be open to the public. However, the arbitrator shall exclude any
				observer, witness or party who is disruptive to the conduct of the
				hearing.
(2) Each party shall have
				the right to present evidence, cross examine the other party's witnesses, enter
				objections, and to rebut the evidence presented against the party.
(3) The arbitrator is authorized to
				administer oaths. Oral testimony shall be taken only upon oath or
				affirmation.
(4) Unless otherwise
				ordered by the arbitrator, the petitioner shall present its evidence and
				witnesses. Thereafter, the respondent may present its evidence and
				witnesses.
(5) Evidence.
(a) An arbitration proceeding is less formal
				than a court proceeding. The arbitrator shall admit any relevant evidence if it
				is the kind of evidence on which reasonable, prudent persons rely in the
				conduct of their affairs. Reliable, relevant evidence may be presented by the
				parties. Facts are to be proven through the testimony of witnesses under oath
				at the final hearing and through documents admitted into evidence at the
				request of a party. Hearsay evidence (i.e., statements not made at the final
				hearing under oath, used to establish the truth of the matter asserted) may be
				used to supplement or explain other evidence, but is not sufficient to support
				a finding, unless the hearsay evidence would be admmissable in a court of law.
				The rules of privilege shall be effective to the same extent that they are
				recognized in civil actions. Irrelevant and unduly repetitious evidence shall
				not be admitted into evidence.
(b)
				All exhibits shall be identified as petitioner's exhibits, respondent's
				exhibits, or as joint exhibits. The exhibits shall be marked in the order that
				they are received and made a part of the record.
(c) Documentary evidence may be received in
				the form of a photocopy.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-50 - THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION › Section 61B-50.136 - Notice of Final Hearing; Scheduling; Venue; Continuances

Current through Reg. 50, No. 138; July 16, 2024
(1) The arbitrator shall set the time and
				place for all final hearings. The arbitrator shall serve written notice of the
				final hearing by regular mail on all parties of record.
(2) All hearings shall be held in the state
				of Florida. Whenever possible, hearings shall be held in the area of residence
				of the parties and witnesses or at the place most convenient to all parties as
				determined by the arbitrator.
(3)
				In the arbitrator's discretion, a continuance of a hearing shall be granted for
				good cause shown. Requests for continuance shall be made in writing. Except in
				cases of emergency, requests for continuance must be made at least 10 days
				prior to the date noticed for the final hearing.
Specific Authority
					 718.501(1)(f),
					 719.501(1)(f)
					 FS. Law Implemented 718.112(2)(j),
					 718.1255,
					 719.106(1)(f),
					 719.1255
					 FS.
New 7-1-82, Formerly 7D-50.24, 7D-50.024, Amended 1-17-93,
					 Formerly 7D-50.136, Amended 1-19-97,
					 6-24-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-50 - THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION › Section 61B-50.139 - Final Orders

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless waived,
				a final order shall be entered within 30 days after any final hearing, receipt
				by the arbitrator of the hearing transcript if one is timely filed, or receipt
				of any post-hearing memoranda, whichever is applicable. The final order shall
				be in writing and shall include a statement of whether or not the recall was
				certified. Failure to render a decision within such time period shall not
				invalidate the decision.
(2) The
				final order shall be mailed to the parties, if unrepresented, or to their
				counsel or other qualified representative of record by regular U.S. mail. The
				final order shall include a certificate of service which shall show the date of
				mailing of the final order to the parties.
(3) In reaching a decision, the arbitrator
				may take official notice of and find as true without proof, any fact which may
				be judicially noticed by the courts of this state, including any arbitration
				final order or any final order of the division involving a similar or related
				issue.
(4) A final order certifying
				the recall of one or more board members takes effect upon the mailing of the
				final order. As of the moment of mailing, those board members found to be
				recalled cease to be authorized board members and shall not exercise the
				authority of the association.
Specific Authority
					 718.501(1)(f),
					 719.501(1)(f)
					 FS. Law Implemented 718.112(2)(j),
					 718.1255,
					 719.106(1)(f),
					 719.1255
					 FS.
New 7-1-82, Formerly 7D-50.25, 7D-50.025, Amended 1-17-93,
					 Formerly 7D-50.139, Amended 1-19-97,
					 6-24-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-50 - THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION › Section 61B-50.140 - Technical Corrections; Rehearing

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Any party may file a motion to correct any clerical mistake or error arising
				from oversight or omission in any final order entered by an arbitrator within
				10 days of the date on which the order was entered. "Clerical corrections"
				shall be generally defined as computational corrections, correction of clerical
				mistake or typographical error or other minor corrections of error arising from
				oversight or omission; or an evident miscalculation of figures or an evident
				mistake in the description of any thing, person, or property referred to in the
				order; or an award by the arbitrator upon a matter not submitted. The order may
				be corrected without affecting the merits of the decision upon the issues
				submitted. Such correction shall be achieved by the entry of a corrected order.
				The substance of the order itself may not be modified.
(2) The arbitrator may on his or her own
				motion initiate entry of a corrected order as described by subsection (1) above
				within 60 days of the entry of the final order.
(3) No motion for rehearing of a final order
				certifying the recall shall be filed.
Specific Authority
					 718.501(1)(f),
					 719.501(1)(f)
					 FS. Law Implemented 718.112(2)(j),
					 718.1255,
					 719.106,
					 719.1255
					 FS.
New 1-17-93, Formerly 7D-50.140, Amended 1-19-97,
					 6-24-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-50 - THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION › Section 61B-50.1405 - Motions for Attorney's Fees and Costs

Current through Reg. 50, No. 138; July 16, 2024
No party shall be entitled to recover its costs and
				  attorney's fees in a recall proceeding initiated pursuant to Section
				  718.112(2)(j),
				  719.106(1)(f)
				  or 723.078(2)(i),
				  F.S.
Rulemaking Authority
					 718.501(1)(f),
					 719.501(1)(f),
					 723.1255 FS. Law Implemented
					 718.112(2)(j),
					 719.106(1)(f),
					 723.078(2)(i)
					 FS.
New 6-24-04, Amended
					 3-2-16.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-60 - YACHT AND SHIP BROKERS › Section 61B-60.002 - General Provisions; Forms and Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) All forms referenced in these rules may
				be obtained by writing to, and when completed shall be filed with the
				Department of Business and Professional Regulation, Division of Condominiums,
				Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida
				32399-1030.
(2) All license
				applications, including initial applications, renewal applications, and branch
				office applications, must be accompanied by the appropriate fee. License
				application fees and renewal application fees shall be non-refundable upon
				completion by the division of its review for form and moral character. Branch
				office application fees and branch office license renewal fees shall be
				non-refundable upon issuance of the branch office license.
(3) Payment of fees shall be by check or
				money order made payable to Division of Florida Condominiums, Timeshares, and
				Mobile Homes.
(4) Fees shall be
				$500 for application relating to an initial license and $500 for biennial
				renewal of a license. The fee for national fingerprint processing shall be $51
				and shall apply to the initial application process. The fee for each broker's
				branch office license and renewal thereof shall be $100, based upon an
				effective period of 2 years. The fee for reinstating a license that has been
				suspended due to termination of the surety, surrendered due to a termination of
				business at a licensed office address, or cancelled due to a change in
				affiliation shall be $100.
(5)
(a) Computation of Time. In computing any
				period of time prescribed or allowed by these rules, or by any applicable
				statute, 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 designated in Section
				110.117, F.S., in which event
				the period shall run until the end of the next day which is not a Saturday,
				Sunday or legal holiday.
(b)
				Additional Time After Service by Mail. When a person has the right or is
				required to do some act within a prescribed period after the service of a
				notice or other paper upon him and the notice or paper is served upon him by
				mail, five days shall be added to the prescribed period.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-60 - YACHT AND SHIP BROKERS › Section 61B-60.003 - Application for and Renewal of Broker or Salesperson License

Current through Reg. 50, No. 138; July 16, 2024
(1) Application for License.
(a) All persons desiring to obtain a license
				to act as a broker or salesperson, shall apply for licensure by filing with the
				division a completed application on DBPR Form YS 6000-1, APPLICATION FOR A
				YACHT AND SHIP EMPLOYING BROKER, BROKER OR SALESPERSON LICENSE, incorporated
				herein by reference and effective 11-3-03, a copy of which may be obtained at
				the address referenced in subsection
				61B-60.002(1),
				F.A.C., accompanied by the $500 application fee, the $51 fingerprint processing
				fee, a complete set of fingerprints which comply with the form provided in the
				application materials, and by the bond or irrevocable letter of credit as
				provided by Rule 61B-60.004, F.A.C.
(b) No application for licensure shall be
				deemed acceptable for purposes of filing unless all of the aforementioned
				components are tendered therewith. Furthermore, no application for licensure
				shall be deemed acceptable unless funds are available upon deposit for any
				negotiable instrument tendered to the division in order to satisfy the
				respective application and fingerprint processing fee requirement.
(c) Except as to time frames relating to
				review for form provisions as described within subsection
				61B-60.003(2),
				F.A.C., no operative time-frame within which the division would otherwise be
				required to act shall be commenced until an acceptable filing has been received
				by the division.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-60 - YACHT AND SHIP BROKERS › Section 61B-60.004 - Bond and Irrevocable Letter of Credit

Current through Reg. 50, No. 138; July 16, 2024
(1) Applications for licensure as a broker or
				a salesperson shall be accompanied by a good and sufficient surety bond or
				irrevocable letter of credit.
(2)
				Requirements of bonds and letters of credit.
(a) All bonds and letters of credit:
1. Shall provide coverage during each
				licensing period of 2 years. Upon renewal of a license, a new bond or letter of
				credit or a proper continuation certificate corresponding to the licensing
				period shall be delivered to the division.
2. Shall remain on deposit 1 year beyond the
				2 year coverage period. In the event that a broker or salesperson ceases to be
				licensed, the bond or letter of credit shall remain on deposit with the
				division for a period of 1 year after the license expires or is terminated and
				will remain subject to claims arising out of conduct occurring during the
				period of licensure.
3. Shall
				reference by name the broker or salesperson, and shall indicate the complete
				business address of the broker's principal place of business.
4. Shall be written for the aggregate amount
				of $25, 000 for a broker and $10, 000 for a salesperson.
5. Shall be conditioned upon compliance by
				the broker with the conditions of any written contract made by such broker or
				salesperson in connection with the sale or exchange of any yacht or
				ship.
6. Shall be in favor of any
				person in a transaction who suffers any loss as a result of any violation of
				the provisions of Chapter 326, F.S.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-60 - YACHT AND SHIP BROKERS › Section 61B-60.005 - Principal Place of Business; Broker's Branch Office License Application and Branch Office License Renewal (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 326.003 FS. Law Implemented
					 326.004,
					 326.006
					 FS.
New 2-13-90, Amended 11-25-90, 10-11-92, Formerly
					 7D-60.005, Amended 1-26-97, 3-13-02, Repealed
					 7-22-21.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-60 - YACHT AND SHIP BROKERS › Section 61B-60.006 - Escrow Trust Depository; Closing Transactions

Current through Reg. 50, No. 138; July 16, 2024
(1) A broker holding the license of a
				salesperson shall sign the closing statement of any transaction brokered by the
				salesperson.
(2) A broker holding
				the license of a salesperson shall make all escrow trust account deposits and
				withdrawals of monies involved in a transaction brokered by the salesperson.
				Any salesperson who receives any deposit shall immediately deliver the same to
				the broker under whom he is licensed as a salesperson.
(3) Within 3 working days of receipt of
				funds, all funds received by a broker or salesperson in connection with the
				sale, exchange, or purchase of a yacht shall be deposited in the broker's trust
				account and shall remain in the account until the funds are disbursed pursuant
				to an agreement of the parties to the transaction or controlling statute.
				"Escrow trust account" shall mean a segregated account as required by Section
				326.005, F.S., in which only
				funds received pursuant to the sale, exchange, or purchase of a yacht as
				regulated by Chapter 326, F.S., shall be deposited. No personal or operating
				funds shall be deposited or intermingled with any funds held in an escrow trust
				account, and monies deposited into the account shall not be used to pay
				operating expenses.
(4) A broker
				shall maintain books and records of receipts, deposits and withdrawals of
				escrow trust account funds in accordance with generally accepted accounting
				principles.
Specific Authority
					 326.003 FS. Law Implemented
					 326.004,
					 326.005
					 FS.
New 2-13-90, Amended 11-25-90, Formerly 7D-60.006, Amended
					 3-13-02, 5-15-03.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-60 - YACHT AND SHIP BROKERS › Section 61B-60.008 - Standards of Conduct; Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The license of a broker or salesperson, as applicable, shall be suspended or
				cancelled where:
(a) Upon termination of a
				surety bond pursuant to Section
				326.004(11),
				F.S., the licensee fails to simultaneously file a new bond with the division;
				or
(b) A salesperson withdraws from
				the employment of a broker. In such a case, the broker shall immediately return
				the salesperson's license to the division; or
(c) A broker severs his or her professional
				relationship with a business entity so that the remaining salespersons are no
				longer employed by a broker licensed as required pursuant to Chapter 326, F.S.
				In such a case, the broker shall immediately notify the division and the
				salesperson shall immediately return his or her license to the division pending
				installation of a new broker at the respective business
				entity.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-75 - COOPERATIVES › Section 61B-75.002 - Electronic Transmission of Notices

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Definition. "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 a 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-75 - COOPERATIVES › Section 61B-75.004 - Audio or Video Recording of Cooperative Meetings

Current through Reg. 50, No. 138; July 16, 2024
Any unit owner is entitled to tape record or videotape
				  meetings of the board of administration, committee meetings, or unit owner
				  meetings, subject to the following restrictions:
(1) Rules: Associations may adopt rules,
				which are consistent with this rule, regarding the placement and use of audio
				and video equipment by unit owners who exercise their rights to tape
				association meetings. Association rules for this purpose must be adopted in
				accordance with the procedures for adopting association rules established by
				the cooperative documents.
(2)
				Placement: Audio and video equipment shall be assembled and placed in position
				in advance of the commencement of the meeting.
(3) Use: Anyone videotaping or recording a
				meeting shall not be permitted to move about the meeting room in order to
				facilitate the recording.
Specific Authority 719.106(1)(c), (d)5. FS. Law Implemented
					 719.106(1)(c), (d)5. FS.
New 8-3-06.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-75 - COOPERATIVES › Section 61B-75.005 - Regular Elections; Vacancies Caused by Expiration of Term, Resignations, Death

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) Unless otherwise provided herein, the
				provisions of this rule apply to all regular and runoff elections conducted by
				a cooperative association, regardless of any provision to the contrary
				contained in the cooperative documents.
(b) Except as otherwise provided by Rules
				61B-75.007 and
				61B-75.008, F.A.C., the
				provisions of this rule do not apply to vacancies created by the recall of a
				board member or members. The method of removing board members by recall and the
				procedures for filling such vacancies are set forth in Rules
				61B-75.006 through
				61B-75.008, F.A.C.
(c) In order to adopt different voting and
				election procedures in its bylaws pursuant to Section
				719.106(1)(d),
				F.S., an association must obtain the affirmative vote of a majority of the
				total voting interests even if different amendatory procedures are contained in
				an association's bylaws. Such vote must be taken on or after June 14, 1995. The
				phrase "different voting and election procedures" as used in this rule and as
				used in Section 719.106(1)(d)
				6., F.S., refers to procedures used only for the election of board
				members.
(d) Balloting is not
				necessary to fill any vacancy unless there are two or more eligible candidates
				for that vacancy. In such a case, not later than the date of the scheduled
				election:
1. For a regular election the
				association shall call and hold a meeting of the membership to announce the
				names of the new board members, or shall notify the unit owners of the names of
				the new board members or that one or more board positions remain unfilled, as
				appropriate under the circumstances. In the alternative, the announcement may
				be made at the annual meeting.
2.
				For an election pursuant to Section 719.106(1)(d)6., F.S., to fill a vacancy,
				the association shall call and hold a meeting of the membership to announce the
				names of the new board members or, in the alternative, shall notify the unit
				owners of the names of the new board members or that one or more board
				positions remain unfilled, as appropriate under the
				circumstances.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-75 - COOPERATIVES › Section 61B-75.0050 - Electronic Voting

Current through Reg. 50, No. 138; July 16, 2024
(1) "Election
				Officials, " as used in Section
				719.129, F.S., includes the
				division.
(2) "Consent, in writing,
				" as used in Section 719.129, F.S., may be made via
				email. The email address of the unit owner consenting is not considered an
				official record, unless the unit owner has previously consented to receive
				notices via email.
(3) The board
				resolution required by Section
				719.129(4),
				F.S., must provide that all unit owners receive notice of the opportunity to
				vote through an online voting system when the association utilizes online
				voting. The opportunity to vote online must be included in the notice of the
				meeting requiring the vote.
(4) The
				electronic voting system must provide the unit owner with a receipt of their
				vote, which must include the specific vote cast, the date and time of
				submission, and the user identification.
(5) The electronic voting system must produce
				an official record that the association must maintain, which identifies the
				specific votes cast on each ballot and the date and time of receipt of each
				electronically submitted ballot.
(6) For elections, electronic votes shall not
				be accessible to the association prior to the scheduled election. Failure to
				comply with this subsection will void the election and the association must
				renotice the election following the procedures as set forth in subsection
				61B-75.005(8),
				F.A.C.
Rulemaking Authority 719.106(1)(d)1.,
					 719.501(1)(f)
					 FS. Law Implemented 719.129
					 FS.
New 3-21-16.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-75 - COOPERATIVES › Section 61B-75.0051 - Provider Filing and Curriculum for Educational Training Programs

Current through Reg. 50, No. 138; July 16, 2024
(1) Anyone seeking to be a division approved
				cooperative education provider shall file with the division the educational
				materials used in the cooperative education program. The following information
				shall be included regarding the education program:
(a) A price list for the program and a copy
				of all materials, including any information that will be provided to
				participants.
(b) The physical
				locations where programs will be available, if not web-based.
(c) Dates when programs will be
				offered.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-75 - COOPERATIVES › Section 61B-75.006 - 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
				719.301, Florida Statutes, 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-75 - COOPERATIVES › Section 61B-75.007 - Recall of One or More Members of a Board of Administration at a Unit Owner Meeting; Board Certification; 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 cooperative 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
				"cooperative documents" means the recorded articles of incorporation and bylaws
				of the association, and any amendments to each which are in effect, and any
				other documents establishing the cooperative.
(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 ten percent
				of the voting interests. The signature list shall:
1. State that the purpose for obtaining
				signatures is to call a special 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-75 - COOPERATIVES › Section 61B-75.008 - 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
				members of the board of administration shall:
(a) List by name each board member sought to
				be recalled;
(b) Provide spaces by
				the name of each board member sought to be recalled so that the person
				executing the agreement may indicate whether that individual board member
				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 board members as there are board
				members subject to recall, in those cases where a majority or more of the board
				is sought to be recalled. Candidates for replacement board members 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 board members sought to be recalled. A
				space shall be provided and designated for write-in votes;
(d) Provide a space for the person executing
				the written agreement to state his name, identify his unit, 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 is authorized in the manner
				required by the cooperative documents to cast the vote for that unit;
(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 voting
				interests executing the written agreement;
(g) The written agreement or a copy shall be
				served on the board by certified mail or by personal service. Personal service
				shall be effected in accordance with the procedures set out in Chapter 48,
				Florida Statutes, and the procedures for service of subpoenas as set out in
				Rule 1.410(c), Florida Rules of Civil Procedure; and,
(h) Become an official record of the
				association upon service upon the board.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-76 - ACCOUNTING AND FINANCIAL REPORTING REQUIREMENTS; BUDGETS, GUARANTEES, AND RESERVES; FINANCIAL STATEMENTS AND REPORTS › Section 61B-76.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of this chapter the following definitions
				  shall apply:
(1) "Accounting records"
				include all of the books and records identified in Section 719.104(2)(a)9.,
				Florida Statutes, and any other records that identify, measure, record, and/or
				communicate financial information whether the records are maintained
				electronically or otherwise.
(2)
				"Capital expenditure" means any expenditure of funds for:
(a) The purchase of an asset whose useful
				life is greater than one year in length;
(b) The replacement of an asset whose useful
				life is greater than one year in length; or
(c) The addition to an asset that extends the
				useful life of the previously existing asset for a period greater than one year
				in length.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-76 - ACCOUNTING AND FINANCIAL REPORTING REQUIREMENTS; BUDGETS, GUARANTEES, AND RESERVES; FINANCIAL STATEMENTS AND REPORTS › Section 61B-76.003 - Budgets

Current through Reg. 50, No. 138; July 16, 2024
(1) Required elements for estimated operating
				budgets. The budget for each association shall:
(a) State the estimated common expenses or
				expenditures on at least an annual basis;
(b) Disclose the beginning and ending dates
				of the period covered by the budget;
(c) Show the total assessment for each unit
				type in the proportions or percentages of sharing common expenses provided in
				the cooperative documents on a monthly basis, or for any other period for which
				assessments will be due;
(d)
				Include all estimated common expenses or expenditures of the association
				including the categories set forth in Section
				719.504(20)(c),
				Florida Statutes. If the estimated common expense for any category set forth in
				the statute is not applicable, the category shall be listed followed by an
				indication that the expense is not applicable;
(e) Unless the association maintains a pooled
				account for reserves required by Section
				719.106(1)(j),
				F.S., the association shall include a schedule stating each reserve account for
				capital expenditures and deferred maintenance as a separate line item with the
				following minimum disclosures:
1. The total
				estimated useful life of the asset;
2. The estimated remaining useful life of the
				asset;
3. The estimated replacement
				cost or deferred maintenance expense of the asset;
4. The estimated fund balance as of the
				beginning of the period for which the budget will be in effect; and
5. The developer's total funding obligation,
				when all units are sold, for each converter reserve account established
				pursuant to Section 719.618, F.S., if
				applicable.
(f) If the
				association maintains a pooled account for reserves required by Section
				719.106(1)(j),
				F.S., the association shall include a separate schedule of any pooled reserves
				with the following minimum disclosures:
1.
				The total estimated useful life of each asset within the pooled
				analysis;
2. The estimated
				remaining useful life of each asset within the pooled analysis;
3. The estimated replacement cost or deferred
				maintenance expense of each asset within the pooled analysis; and
4. The estimated fund balance of the pooled
				reserve account as of the beginning of the period for which the budget will be
				in effect.
(g) Include a
				separate schedule of any other reserve funds to be restricted by the
				association as a separate line item with the following minimum disclosures:
1. The intended use of the restricted funds;
				and
2. The estimated fund balance
				of the item as of the beginning of the period for which the budget will be in
				effect.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-76 - ACCOUNTING AND FINANCIAL REPORTING REQUIREMENTS; BUDGETS, GUARANTEES, AND RESERVES; FINANCIAL STATEMENTS AND REPORTS › Section 61B-76.004 - Guarantees of Common Expenses Under Section 719.108(8)(a)2., F.S

Current through Reg. 50, No. 138; July 16, 2024
(1) Establishment of the guarantee. If a
				guarantee is not included in the purchase contracts, cooperative documents, or
				prospectus, any agreement establishing a guarantee shall be effective only upon
				the approval of a majority of the voting interests of the unit owners other
				than the developer. Approval shall be expressed at a meeting of the unit
				owners, voting in person or by limited proxy; or by agreement in writing
				without a meeting if provided in the bylaws. Such guarantee shall meet the
				requirements of this rule.
(2)
				Guarantee period. The period of time for the guarantee shall be indicated by a
				specific beginning and ending date or event.
(a) The ending date or event shall be the
				same for all of the unit owners of a cooperative including the unit owners in
				different phases of phase cooperatives;
(b) The guarantee may provide for different
				intervals of time during a guarantee period with different dollar amounts for
				each such interval; and
(c) The
				guarantee may provide that after the initial stated period, the developer has
				an option to extend the guarantee for one or more additional stated periods.
				The extension of a guarantee is limited to extending the ending date or event;
				therefore, the developer does not have the option of changing the level of
				assessments guaranteed.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-76 - ACCOUNTING AND FINANCIAL REPORTING REQUIREMENTS; BUDGETS, GUARANTEES, AND RESERVES; FINANCIAL STATEMENTS AND REPORTS › Section 61B-76.005 - Reserves

Current through Reg. 50, No. 138; July 16, 2024
(1) Reserves required by statute. Reserves,
				required by Section 719.106(1)(j),
				F.S., for capital expenditures and deferred maintenance including roofing,
				painting, paving, and any other item for which the deferred maintenance expense
				or replacement cost exceeds $10, 000, shall be included in the budget. For the
				purpose of determining whether the deferred maintenance expense or replacement
				cost of an item exceeds $10, 000, the association may consider each asset of
				the association separately. Alternatively, the association may group similar or
				related assets together. For example, an association responsible for the
				maintenance of two swimming pools, each of which will separately require $6,
				000 of total deferred maintenance, may establish a pool reserve, but is not
				required to do so.
(2) Commingling
				operating and reserve funds. Associations that collect operating and reserve
				assessments as a single payment shall not be considered to have commingled the
				funds provided the reserve portion of the payment is transferred to a separate
				reserve account, or accounts, within 30 calendar days from the date such funds
				were deposited.
(3) Calculating
				reserves required by statute. Reserves for deferred maintenance and capital
				expenditures required by Section
				719.106(1)(j),
				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 or group of assets over the remaining useful life of the
				asset or group of assets. Funding formulas for reserves required by Section
				719.106(1)(j),
				F.S., shall be based on either a separate analysis of each of the required
				assets or a pooled analysis of two or more of the required assets.
(a) If the association maintains separate
				reserve accounts for each of the required assets, the amount of the current
				year contribution to each reserve component shall be the sum of the following
				calculation:
1. The total amount necessary, if
				any, to bring a negative account balance to zero; and
2. The total estimated deferred maintenance
				expense or total estimated replacement cost of the reserve asset less the
				estimated balance of the reserve account as of the beginning of the period for
				which the budget will be in effect. The remainder, if greater than zero, shall
				be divided by the estimated remaining useful life of the asset. The formula may
				be adjusted each year for changes in estimates and deferred maintenance
				performed during the year and may consider factors such as inflation and
				earnings on invested funds.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-76 - ACCOUNTING AND FINANCIAL REPORTING REQUIREMENTS; BUDGETS, GUARANTEES, AND RESERVES; FINANCIAL STATEMENTS AND REPORTS › Section 61B-76.006 - Financial Reporting Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Basis of accounting. The financial statements required by Sections
				719.104(4)(b)
				and 719.301(4),
				F.S., as well as financial statements voluntarily prepared in lieu of a
				financial report as provided in Section
				719.104(4),
				F.S., shall be prepared on the accrual basis using fund accounting in
				accordance with generally accepted accounting principles. Reviewed financial
				statements shall be reviewed in accordance with standards for accounting and
				review services and audited financial statements shall be audited in accordance
				with generally accepted auditing standards. Reviews and audits of an
				association's financial statements shall be performed by an independent
				certified public accountant licensed by the Florida Board of Accountancy. As
				used in this rule the terms "generally accepted accounting principles",
				"standards for accounting and review services", and "generally accepted
				auditing standards" shall have the same meaning as set forth in Chapter
				61H1-20, F.A.C.
(2) Components. The
				financial statements required by Sections
				719.104(4)(b)
				and 719.301(4)(c),
				F.S., shall at a minimum include the following components:
(a) Accountant's or Auditor's
				Report;
(b) Balance
				Sheet;
(c) Statement of Revenues
				and Expenses;
(d) Statement of
				Changes in Fund Balances;
(e)
				Statement of Cash Flows, direct method; and
(f) Notes to Financial
				Statements.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-76 - ACCOUNTING AND FINANCIAL REPORTING REQUIREMENTS; BUDGETS, GUARANTEES, AND RESERVES; FINANCIAL STATEMENTS AND REPORTS › Section 61B-76.0062 - Transition Financial Statements; Turnover Audit

Current through Reg. 50, No. 138; July 16, 2024
(1) Period covered. The audit required by
				Section 719.301(4)(c),
				Florida Statutes, applies to all transfers of association control from
				developers to unit owners pursuant to Section
				719.301(4),
				Florida Statutes. The audit shall cover a period beginning with the date of
				incorporation of the association, or from the end of the fiscal period covered
				by the last audit if all fiscal periods have been audited, and ending with the
				date of the transfer of association control to unit owners other than the
				developer. Nothing herein precludes the developer from exceeding the
				requirements of this rule by engaging a certified public accountant to audit
				the entire period of developer control rather than from the period covered by
				the last audit.
(2) Additional
				disclosure requirements for turnover audits. The financial statements, notes,
				or supplementary information shall present the revenues and expenses separately
				for each fiscal year and any interim periods included in the audit. The notes
				to the financial statements shall contain the following disclosures:
(a) A statement that the financial statements
				were prepared pursuant to Section
				719.301(4)(c),
				Florida Statutes;
(b) A statement
				of total cash payments made by the developer to the association;
(c) If the developer claims to have paid
				common expenses of the association that do not appear on the books and records
				of the association, the amount and purpose of each such expenditure shall be
				identified separately; and
(d) If a
				guarantee pursuant to Section
				719.108(8),
				Florida Statutes, existed at any time during the period covered by the audit,
				the financial statements shall disclose the following:
1. The period of time covered by the
				guarantee;
2. The amount of common
				expenses incurred during the guarantee period;
3. The amount of assessments charged to the
				non-developer unit owners during the guarantee period;
4. The amount of the developer's payments
				pursuant to the guarantee; and
5.
				Any financial obligation due to or from the developer resulting from the
				guarantee.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-77 - RESOLUTION GUIDELINES FOR COOPERATIVE DEVELOPERS › Section 61B-77.001 - Definitions and Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions. For
				the purposes of this rule chapter, the following definitions shall apply:
(a) "Accepted Complaint" means a complaint
				received by the division from someone with standing to file a complaint
				containing sufficient documentation and addressing a subject within the
				jurisdiction of the division, pursuant to Section
				719.501(1),
				F.S. A complaint that merely recites the statutes or is based on mere suspicion
				or speculation, without a plain statement of facts clearly describing what is
				alleged to have occurred, will not be accepted.
(b) "Affirmative or corrective action" means
				putting remedial procedures in place to ensure that the violation does not
				recur, making any injured person whole as to the harm suffered in relation to
				the violation, or taking any other appropriate measures to redress the harm
				caused.
(c) "Alleged repeated
				violation" means the same or substantially similar recurring conduct cited in
				an accepted complaint received by the division within two years from the
				resolution of a previous complaint, the issuance of a final arbitration order
				or court order, or the entering of a final order by the division regarding that
				conduct.
(d) "Bad check" means any
				worthless check, draft, or order of payment identified under Section
				68.065, F.S.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-77 - RESOLUTION GUIDELINES FOR COOPERATIVE DEVELOPERS › Section 61B-77.002 - Educational Resolution

Current through Reg. 50, No. 138; July 16, 2024
An initial accepted complaint that is directed at a developer
				  and involving a possible violation identified as minor in these guidelines will
				  be resolved as follows:
If the division has reasonable cause to believe that a
				  statutory or rule violation may have occurred, a Warning Letter will be sent to
				  the developer. The Warning Letter will give the developer 14 calendar days in
				  which to address, correct, or dispute the violation. The Warning Letter will
				  identify the violation, and provide a contact telephone number and an
				  investigator's name so that the developer may contact the division for
				  educational assistance or an educational conference in obtaining compliance.
				  However, it is solely the responsibility of the developer to take action, when
				  applicable, to achieve statutory or rule compliance. Failure to respond to a
				  Warning Letter, or take affirmative or corrective action as requested by the
				  division, will result in the division proceeding with an enforcement
				  resolution. The Warning Letter shall not be considered final agency action. The
				  division will notify the complainant of the resolution of the complaint, or if
				  applicable, alternative dispute resolution options.
Rulemaking Authority
					 719.501(1)(f)
					 FS. Law Implemented 719.301(5),
					 719.501(1)
					 FS.
New 6-4-98, Amended
					 6-15-15.