Florida Administrative Code

When either the petitioner or respondent is able to demonstrate aggravating or mitigating circumstances to the division by clear and convincing evidence, the division shall be entitled to impose adjusted penalties within the guidelines. Based upon the following factors, the divis…

The following procedures shall be followed by division personnel when investigating complaints and notifying alleged violators. (1) Upon receipt of a complaint of a violation of Chapter 386, F.S., the division shall determine if the premises is designated as a stand-alone bar. If…

(1) This rule sets forth the penalties which shall be imposed upon licensees who are supervised by the Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation. Enforcement supervisors and bureau chiefs are authorized to accept settlement of…

When either the petitioner or respondent demonstrates aggravating or mitigating circumstances by clear and convincing evidence, the division may adjust penalties within statutory guidelines. Rulemaking Authority 561.695(8) FS. Law Implemented 561.695(7) FS. History-New 6-14-05.

The procedure for appeal under Chapter 61A-7, F.A.C., shall be as provided in Section 120.68, F.S. Rulemaking Authority 386.207(1), 386.2125, 561.695(8) FS. Law Implemented 561.695 FS. History-New 6-14-05.

Specific Authority 498.007(1) FS. Law Implemented 498.017(7), 498.025(5) FS. History-New 2-16-93, Formerly 7D-13.003, Amended 10-1-93, 5-18-98, Repealed 10-28-08.

Specific Authority 498.007(1) FS. Law Implemented 498.025, 498.027 FS. History-New 2-16-93, Formerly 7D-13.011, Amended 10-1-93, 5-18-98, Repealed 10-28-08.

Specific Authority 498.007(1) FS. Law Implemented 498.017, 498.024 FS. History-New 2-16-93, Formerly 7D-13.102, Amended 10-1-93, 1-26-97, 5-18-98, Repealed 10-28-08.

For purposes of these rules and Sections 718.502, 718.503 and 718.504, F.S., the following definitions shall apply: (1) "Documents" means any or all of the documents comprising the "filing" as that term is defined in these rules. (2) "Days" means calendar days and, in computing a…

Rulemaking Authority 718.501(1)(f), 718.502(1)(c), 718.621 FS. Law Implemented 718.403, 718.406, 718.502, 718.503, 718.504, 718.618(8) FS. History-New 12-23-02, Amended 8-26-04, 8-15-05, 10-16-13, Repealed 2-2-14.

(1) For purposes of filing under Sections 718.202, 718.502, 718.503, 718.504 and 718.505, F.S., and Rule 61B-23.003, F.A.C., the term developer includes, subject to the exceptions provided in Section 718.103(16), F.S., or these rules: (a) A creating developer, which means any per…

(1)(a) Except in the case of a reservation program, a developer of a residential condominium shall file with the division one copy of each document required by Sections 718.502(5), 718.503, and 718.504, F.S. The filing shall occur prior to any offering of a condominium unit to th…

Any document required to be delivered to a prospective buyer or lessee pursuant to Section 718.503 or 718.504, F.S., which describes the developer's (or other person's) right to retain control of the association shall recite the provisions of Sections 718.301(1)(a)-(g), F.S., reg…

(1) Each filing shall contain in the forepart a Table of Contents which lists the documents in the filing, in the order in which they appear. (2) Each document shall be tabbed and labeled on the right side. Each label shall identify the document by appropriate word, phrase or abb…

(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 …

(1) "Initial Acceptance" means the division finds the filed documents that have been recorded acceptable as corrected, if any corrections are made following a notice of deficiency. (2) "Final Acceptance" means: (a) The division finds the non-recorded documents acceptable as corre…

(1) "Amendment" means: (a) Any change to documents that have previously been filed with and accepted by the division, and (b) Any change to a document(s) recorded in the public records, whether the change is technical or substantive, regardless of the procedure by which the chang…

(1) This rule governs alternative assurances provided for in Section 718.202, F.S. An alternative assurance must be approved by the Division Director prior to the use by a Developer of the sales deposits intended to be assured. Pending approval, sales deposit funds to be assured …

(1) If the developer wishes to use alternative media (for example, CD-ROM) for delivery of documents to purchasers, the developer must give the purchaser the option of receiving paper documents or alternative media documents. The purchaser's choice of delivery method shall be set…

Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.202, 718.502, 718.503 FS. History-New 11-15-77, Amended 7-22-80, 10-1-85, Formerly 7D-18.01, Amended 1-27-87, Formerly 7D-18.001, Amended 4-14-99, Repealed 7-22-21.

(1) Every plot plan shall be a legible, scaled drafted map and shall indicate the following: (a) Name of the condominium; (b) Scale, date, and north arrow; (c) Ingress and egress; (d) The use and approximate size, location, and height of all existing and/or proposed buildings and…

(1) Every developer who enters into a contract for the sale of a residential condominium unit or for the lease of a residential condominium unit for a lease period of more than five years shall obtain from the purchaser or lessee a receipt acknowledging that he has been provided …

A declaration of condominium in which percentage of ownership is not based upon an equal fractional basis shall include the square footage within each unit or unit type based on the perimetrical boundaries ascribed to each unit or unit type or the dimensions of each unit as elsew…

Unless otherwise expressly authorized by chapter 718, Florida Statutes, no provision in any declaration, articles of incorporation or bylaws recorded in the public records subsequent to the effective date of this rule shall partially or totally exempt the developer, transferees o…

(1) In determining whether a developer's plan includes a program of leasing, and thus requires disclosure pursuant to section 718.504(10), F.S., it shall be relevant, although not dispositive, whether and the extent to which: (a) The developer has advertised the availability of i…

(1) Anyone seeking to be a division approved condominium education provider shall file with the division the educational materials used in the condominium education program. The following information shall be included regarding the education program: (a) A price list for the prog…

Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.501(1)(j) FS. History-New 12-10-09, Repealed 1-19-15.

(1) In determining whether an escrow agent, identified in an escrow agreement filed with the division, is independent of a condominium developer, the division, when it has reason to question the independence of the escrow agent, shall consider and require reasonable disclosure of…

(1) Definitions. For the purposes of Rules 61B-20.004, 61B-20.005 and 62B-20.006, F.A.C., the following definitions shall apply: (a) "Accepted Complaint" means a complaint received by the division containing sufficient documentation and addressing a subject within the jurisdictio…

An initial accepted complaint, directed at a developer and involving a possible violation identified as minor in these guidelines, will be resolved as follows: If based on the complaint, the division has reasonable cause to believe that a statutory or rule violation may have occu…

(1) The division will seek compliance through an enforcement resolution for repeated minor violations, for the failure to correct or address a violation or provide unit owner redress as requested by the division, or for a major violation. These guidelines list aggravating and mit…

Definitions. For the purposes of this rule chapter, the following definitions shall apply: (1) "Affirmative or corrective action" means putting remedial procedures in place to ensure that the violation does not reoccur, making any injured person whole as to the harm suffered in r…

(1) The minor violation process, as detailed in this rule chapter, is only applicable to unit owner controlled associations. (2) If the division has reasonable cause to believe that a minor violation has occurred, a Notice of Noncompliance will be sent to the association. The Not…

(1) Pursuant to Section 718.501(1)(d)6., F.S., the division sets forth below disciplinary guidelines from which disciplinary penalties will be imposed upon affected parties guilty of violating Chapter 718, F.S., and the rules promulgated thereunder. The purpose of the disciplinar…

For the purposes of this chapter the following definitions shall apply: (1) "Accounting records" include all of the books and records identified in Section 718.111(12)(a)11., Florida Statutes, and any other records that identify, measure, record, or communicate financial informat…

All associations shall maintain accounting records in sufficient detail to permit determination of the revenues and expenses or receipts and disbursements attributable to separate condominiums and operating and reserve funds. Multicondominium associations shall maintain separate …

(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 a…

(1) Establishment of the guarantee. If a guarantee is not included in the purchase contracts, declaration, or prospectus, any agreement establishing a guarantee shall be effective only upon the approval of a majority of the voting interests of the unit owners other than the devel…

(1) Reserves required by statute. Reserves required by Section 718.112(2)(f), Florida Statutes, for capital expenditures and deferred maintenance including roofing, painting, paving, and any other item for which the deferred maintenance expense or replacement cost exceeds $10,000…

(1) Basis of accounting. The financial statements required by Sections 718.111(13) and 718.301(4), F.S., shall be prepared on the accrual basis using fund accounting in accordance with generally accepted accounting principles. Reviewed financial statements shall be reviewed in ac…

(1) Period covered. The audit required by Section 718.301(4)(c), Florida Statutes, applies to all transfers of association control from developers to unit owners pursuant to Section 718.301(4), Florida Statutes, occurring on or after April 1, 1992. The audit shall cover a period …

(1)(a) "Meeting of the board of administration" means any gathering of the members of the board of directors, at which a quorum of the members is present, for the purpose of conducting association business. (b) "Committee meeting" means any gathering of a group of board members, …

(1) Each association which operates more than 2 units shall pay an annual fee of $4 for each unit in a residential condominium operated by the association. If the declaration is amended during the year to alter the number of units or to add additional phases containing units, the…

(1)(a) Unless otherwise provided herein, the provisions of this rule apply to all regular and run-off elections conducted by a condominium association, regardless of any provision to the contrary contained in the declaration, articles of incorporation, or bylaws of the associatio…

(1) "Election Officials," as used in Section 718.128, F.S., includes the division, the ombudsman, and election monitors appointed by the ombudsman. (2) "Consent, in writing," as used in Section 718.128, F.S., may be made via email; the email address of the unit owner consenting i…

(1) Fifteen percent of the total voting interests entitled to vote at the annual meeting of unit owners for the election of directors, or the owners of six units entitled to vote at the annual meeting of unit owners for the election of directors, whichever number is greater, may …

In accordance with the provisions of Section 718.3026, F.S., contracts with employees of the association shall not be subject to the provisions of that section. For purposes of this rule, a worker shall be considered an employee of an association where the association pays or ded…

(1) Developer Representatives. When both a developer and other unit owners are entitled to representation on a board of administration pursuant to Section 718.301, F.S., or Rule 61B-23.003, F.A.C., the following provisions apply to recall and replacement of board members elected …

(1) Calling a Recall Meeting. Regardless of any provision to the contrary in the condominium documents, 10 percent of the voting interests may call a meeting of the unit owners to recall one or more members of the board by the voting interests giving the notice specified in parag…

(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…