Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-17 - FILINGS › Section 61B-17.003 - Phase Condominium Filing

Current through Reg. 50, No. 138; July 16, 2024
(1) Every
				developer of a phase residential condominium shall file the initial phase with
				the division. Said initial filing shall be submitted as required by Rule
				61B-17.002, F.A.C.
(2) "Subsequent Phase" means any phase not
				submitted to the condominium form of ownership with the recording of the
				original declaration of condominium. Subsequent phase(s) shall be filed as set
				forth below prior to offering any unit therein for sale or lease when the lease
				period is more than five years. Amendments to the declaration providing for
				subsequent phases and supporting documentation may be filed at the same time as
				the initial filing, or at a later time, but at any time all requirements of
				this rule shall be observed.
(3) In
				addition to filing as mentioned above, upon recording an amendment to the
				declaration submitting a subsequent phase to the condominium form of ownership,
				the developer shall file the recording information in accordance with
				subsection 61B-17.001(4),
				F.A.C. Upon substantial completion of the construction of each subsequent
				phase, the developer shall file with the division a survey prepared by a
				surveyor authorized to practice in the State of Florida with the appropriate
				certificate of the surveyor. Said certificate shall state that the construction
				of the improvements is substantially complete and is an accurate representation
				of the location and dimensions of the improvements. There shall be no filing
				fee for the filings described in this paragraph.
(4) When subsequent phase(s) are filed, the
				developer shall submit all amendments and all additional information, as
				outlined in Chapter 718, F.S., and these rules that pertain to said phase.
				Documents previously filed with the initial phase and which also pertain to the
				subsequent phase being filed, may be incorporated into the filing of subsequent
				phase(s) by reference thereto in the Filing Statement for Subsequent
				Phase(s).
(5) Subsequent phases
				shall be filed using the amendment procedures provided by Rule
				61B-17.006, F.A.C. The filing
				fee due pursuant to Section
				718.502(3),
				F.S., for each residential unit being added in the subsequent phase, shall
				accompany the filing. Each filing of a subsequent phase shall be submitted with
				the Filing Statement for Subsequent Phase(s).
(6) Filing for each subsequent phase shall
				contain a Table of Contents identifying the contents of the filing and their
				page numbers. The developer shall prepare the Table of Contents indicating the
				order in which the documents appear in the subsequent filing in order to
				facilitate review by the division.
(7) The declaration for an initial phase
				shall include a description of each anticipated phase in the manner required by
				Section 718.403, F.S.
(a) The estimated operating budget filed with
				the division in a phase condominium shall include a budget for the condominium
				completed through the phase being filed and a budget for the condominium as it
				would be upon completion of all phases, using estimated expenses as of the date
				of filing.
(b) The description of
				the general size of units pursuant to Section
				718.403(2)(b),
				F.S., shall be stated in terms of approximate square footage per unit
				type.