Florida Administrative Code

(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 shall create an online account with the division at https://www2.myfloridalicense.com/condominiums-and-cooperatives/create-online-account/. An association whose Declaration of Condominium is recorded in the official records of the county after October 1, 2025…

(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…

(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) If the mobile home park has a homeowners association, the homeowners committee must be designated by the homeowner association's board of directors. (2) If the mobile home park does not have a homeowners association, the homeowners committee must be designated by the by a maj…

(1) "Division" means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. (2) The park owner or subdivision developer shall make and maintain a written record of the reasons for the increase in lot rental am…

(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…