Florida Administrative Code

(1) Definitions. "Electronic transmission" means any form of communication, not directly involving the physical transmission or transfer of paper, that creates a record that may be retained, retrieved, and reviewed by the recipient and that may be directly reproduced in a compreh…

(1) When an association will operate more than one condominium, unit owners other than the developer are entitled to elect no less than one-third of the members of the board of administrators when they own fifteen percent of the units in any one condominium to be operated by the …

(1) "Cable television service," as used in Section 718.115(1)(d)2., F.S., shall mean the transmission of video programming by a duly franchised cable company, as provided in Section 166.046, F.S., or as that section may be subsequently renumbered, pursuant to a contract between t…

(1) "Tenant" means a party to a rental agreement in residential occupancy of a place rented for the purpose of maintaining a place of residence. The term "tenant" excludes a party to a rental agreement or other person in transient occupancy. (2) "Transient occupancy" means occupa…

(1) Prior to delivery to tenants, each developer of a conversion shall file with the division and receive acceptance of its notice of intended conversion. (a) After the division receives a proposed notice of intended conversion and the $100 filing fee it shall, within 20 days, in…

Rulemaking Authority 718.501(1)(f), 718.621 FS. Law Implemented 718.606 FS. History-New 7-2-81, Formerly 7D-24.03, 7D-24.003, Repealed 12-12-11.

(1)(a) Disclosure of building condition is required in order that prospective purchasers be informed as to the scope and magnitude of the financial responsibility that condominium ownership entails. Section 718.616, F.S. (Supp. 1980), sets forth the information that shall be disc…

(1) A developer may offer a unit to a tenant at more than one price provided that all prices are offered to the tenant during the full right of first refusal period. (2) A developer may not require a purchasing tenant to close on a purchase prior to the expiration of the tenant's…

Rulemaking Authority 718.501(1)(f), 718.614(2) FS. Law Implemented 718.501(1)(e), 718.614(2) FS. History-New 7-2-81, Formerly 7D-24.06, 7D-24.006, Amended 2-22-94, 7-14-08, Repealed 10-28-08.

(1)(a) The funding of roof reserve accounts is based on the square foot surface area of the roof. The term "roof" does not include sloped siding that is not a part of a roof structure, does not serve the purpose of a roof and the deterioration of which would not result in damage …

For purposes of Sections 718.501(1)(m) and 719.501(1)(n), F.S., the following definitions shall apply: (1) "Mediation" means a process whereby a neutral third person acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and no…

(1) The division will maintain lists of both volunteer and paid mediators who have met the requirements of Sections 718.501(1)(m) and 719.501(1)(n), F.S. and these rules. The lists will include the name, address, and telephone number of each applicant who has met the statutory an…

(1) A person who has met the requirements of Sections 718.501(1)(m) and 719.501(1)(n), F.S. and these rules, and who wishes to be placed on a list of volunteer mediators maintained by the division, shall submit a completed BPR Form 33-035, APPLICATION FOR VOLUNTEER MEDIATOR, inco…

(1) A person who has met the requirements of Sections 718.501(1)(m) and 719.501(l)(n), F.S., and these rules, and is certified by the Florida Supreme Court to mediate court cases in either county or circuit courts, and who wishes to be placed on a list of paid mediators maintaine…

For purposes of Rule Chapters 61B-30, 61B-31, 61B-32, 61B-33, and 61B-35, F.A.C., the definitions in this rule shall apply. (1) "Promoting" means the use of advertising material which describes any aspect of the mobile park or the terms of the lease used in connection with the sa…

Specific Authority 498.007(1) FS. Law Implemented 498.023, 498.024, 498.025, 498.027, 498.029, 498.031, 498.033, 498.039, 498.047 FS. History-New 2-16-93, Formerly 7D-3.0001, Amended 9-28-93, 1-26-97, 5-31-98, Repealed 10-28-08.

Specific Authority 498.007(1), 498.017 FS. Law Implemented 498.007(1), 498.011, 498.017, FS. History-New 10-8-68, Amended 12-9-69, Revised 12-17-71, Amended 12-19-74, 9-22-77, 12-24-80, 4-17-85, Formerly 7D-3.01, Amended 1-4-87, 2-16-93, Formerly 7D-3.001, Amended 9-28-93, 1-26-9…

Specific Authority 498.007(1) FS. Law Implemented 498.047(2) FS. History-New 2-16-93, Formerly 7D-3.008, Repealed 10-28-08.

(1) Fees shall be paid online at www.MyFloridaLicense.com or by check or money order made payable to Division of Florida Condominiums, Timeshares, and Mobile Homes. (2) Annual fee - If the number of mobile home lots in the park changes during the year, the fee shall be paid for t…

(1) "Filing" occurs when all of the following have been received by the division: (a) All forms and documents, completed, tabbed, labeled and assembled in accordance with these rules; (b) The completed Park Owner Prospectus Filing Statement, BPR Form 402, incorporated herein by r…

(1) All advertising, including scripts for radio, telephone and television, used in promoting a mobile home park under the jurisdiction of the division must be filed pursuant to the requirements of Section 723.016, F.S. (2) "Filed with the division" means that advertising materia…

(1) Anyone seeking to be a division approved mobile home education provider shall file with the division the educational materials required by Section 723.006(14)(a), F.S. (2) All materials must be submitted to the division via e-mail to CTMH.BdMbrCertProviders@myfloridalicense.c…

(1) The prospectus shall clearly describe all matters required by chapter 723, Florida Statutes, and shall not contain other information except as permitted by the Division to fully and fairly disclose all aspects of the park and the offer. (2) Subject to the provisions of sectio…

(1) The provisions of section 723.037, F.S., apply to mobile home subdivisions, except for increases in maintenance fees. (2) A copy of the notice shall be retained by the park owner or subdivision developer with a dated written statement signed by the park owner or subdivision d…

(1) Any homeowner or group of homeowners may obtain the approval of the required homeowners to the designation of a homeowners' committee either at a meeting, by agreement in writing, or a combination thereof. (2) If a mobile home or subdivision lot is owned jointly, the owners o…

(1) The park owner or subdivision developer shall make and maintain a written record of the reasons for the increase in lot rental amount or reduction in services or utilities or changes to rules and regulations as applicable, which shall be as specific as the explanation require…

(1) In order to be appointed by the division, a mediator meeting the requirements of section 723.038(2), F.S., must file an application with the division. The application must be submitted on BPR form 34-003, APPLICATION FOR MEDIATORS, incorporated herein by reference and effecti…

When the governing documents provide that a specific class of members of a homeowners' association created pursuant to Section 723.075, F.S., is entitled to elect a director or directors to the board, the class of homeowners electing such director or directors to the board shall …

"Absentee ballot," as provided by Section 723.078(2)(b)2., F.S., means a ballot completed and delivered in advance of a member meeting, in accordance with the homeowners' association's bylaws, by a member who is not present at the time the vote is taken. Rulemaking Authority 723.…

(1) Calling a Recall Meeting. Ten percent of the voting interests of a homeowners' association created pursuant to Section 723.075, F.S., may call a meeting of the members to recall one or more directors of the association's board by giving notice as specified in subsection (2) b…

(1) Form of Written Agreement. All written agreements used for the purpose of recalling one or more directors of a homeowners' association created pursuant to Section 723.075, F.S., shall: (a) List by name each director sought to be recalled; (b) Provide spaces by the name of eac…

Excluding meetings between the board of directors or its appointed homeowners' committee and the park owner, any member of the homeowners' association may tape record or videotape meetings of the board of directors of the homeowners' association and its committees, subject to the…

Rulemaking Authority 723.006(9) FS. Law Implemented 723.006 FS. History-New 12-3-98, Repealed 7-14-19.

(1) Pursuant to section 723.006, F.S., the following items are designated as minor violations of chapter 723, F.S.: (a) Failure to provide a prospectus to a mobile home owner that incorporates the 1988 legislative amendments to the prospectus pursuant to section 723.011, F.S. (b)…

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 Wa…

(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 Utilitie…

For purposes of Sections 721.075, 721.11 and 721.111, Florida Statutes, and these rules, the following definitions apply: (1) "Additional material" means any material except material whose primary effect is to create a new prize and gift promotional offer, substantially different…

(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 …

(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 spec…

For purposes of Sections 721.07, 721.55, and 721.551, F.S., and these rules, the following definitions apply: (1) "Alternative media" means any visually or audibly perceptible and legible display format which may require the use of a device or a machine to be viewed, including CD…

(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'' × 11'' paper; (c) Be securely bound along the left margi…

(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…

(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 publ…

(1) Each developer of a multisite timeshare plan pursuant to Section 721.07, F.S., shall file a multisite registered POS pursuant to Section 721.55, F.S., and these rules. The multisite registered POS shall: (a) Include all of the information and disclosures required in Section 7…

(1) Pursuant to Section 721.551(2), F.S., 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 stateme…

(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, a…

(1) Developers may provide purchasers with the option of receiving all or any portion of a single-site or multi-site purchaser POS through alternative media in lieu of receiving the written materials in the format prescribed in Rule 61B-39.004 or 61B-39.006, F.A.C., as applicable…

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 reco…

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. Rulemaking Authority 718.501(1)(g), 721.03(2), 721.26(6) FS. Law Implemented 721.03(2) FS. Hi…

(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 o…