Florida Administrative Code

(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…

(1) Required elements for estimated operating budgets. The proposed and adopted budget for each timeshare plan shall: (a) Be stated on an annual basis; (b) Disclose the fiscal year for which the budget will be in effect; (c) Show the total assessment for each use availability per…

(1) Establishment of the guarantee. If a guarantee is not established in the timeshare documents any agreement establishing a guarantee shall be effective only upon the approval of a majority of the non-developer timeshare purchasers. Such approval shall be documented in the book…

(1) Reserves required by statute. The proposed annual budget shall include the reserves required by Section 721.07(5)(t)3., F.S., for capital expenditures and deferred maintenance, including roofing, painting, paving, unit furnishings, and any other building components having a u…

(1) Timely funding. Reserves included in the adopted budget shall be considered common expenses and must be fully funded. Reserves shall be funded in the amounts stated in the adopted budget within 30 calendar days from the date the assessments are collected and not later than 18…

For condominium timeshare plans any vote to waive or reduce the funding of reserves required by Section 718.112(2)(f)2. or 721.07(5)(t), F.S., shall be effective for only one annual budget. In a multi-condominium association no waiver or reduction of the funding of reserves shall…

(1) Financial statements. The financial statements required by Sections 718.301(4)(c) and 721.13(3)(e), F.S., shall at a minimum include the following: (a) Auditor's Report; (b) Balance Sheet; (c) Statement of Revenues and Expenses; (d) Statement of Changes in Fund Balances; (e) …

For the purposes of this chapter, the following definitions shall apply: (1) "Bad check" means any worthless check, draft, or order of payment identified under Section 68.065, F.S. (2) "Corrective activities" means putting remedial procedures in place to ensure that the violation…

(1) Purpose. The purpose of this rule chapter is to notify regulated parties of the guidelines and aggravating and mitigating factors that will be utilized by the division to determine penalties for specified violations of Chapter 721, F.S., and where applicable, in the context o…

The following penalty guidelines are established for each violation: STATUTE/RULE GENERAL DESCRIPTION PENALTY per violation (Priors) PART I VACATION PLANS AND TIMESHARING Section 721.056, F.S.; Rule Chapters 61B-37; 61B-39; 61B-40, F.A.C. Developer's supervisory duties 2,500(0), …

(1) This chapter shall be entitled "The Mandatory Non-Binding Arbitration Rules of Procedure" and shall be construed to secure the just, speedy and inexpensive determination of every proceeding. Specifically, this chapter applies to all proceedings for mandatory non-binding arbit…

(1) Any person who appears before any arbitrator has the right, at that person's own expense, to be accompanied, represented and advised by a member of the Florida Bar or by a qualified representative who does not need to be an attorney, but who shall demonstrate his or her famil…

(1) While a case is pending and within 15 days of entry of a final order, no party or other person directly or indirectly interested in an arbitration proceeding nor anyone authorized to act on behalf of a party or other interested person shall communicate verbally or in writing …

(1) In computing any period of time prescribed or allowed for the filing or service (i.e., mailing) of any document, 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 Saturd…

(1) Filing. Unless specifically ordered, every pleading or other paper filed in the proceedings, except the initial petition, shall also be served on each party. A pleading or other paper is considered "filed" when it is received by the division. (2) Method and Proof of Service. …

(1) An application to the arbitrator for an order shall be made by motion which shall be made in writing, unless made during a hearing, shall state in detail the grounds for the relief requested and shall set forth the relief or order sought. The arbitrator shall conduct such pro…

(1) A "dispute" under Section 718.1255, F.S., includes a disagreement that involves use of a unit or the appurtenances thereto, including use of the common elements. (2) Except for disputes involving the termination of a condominium, no controversy shall be accepted for arbitrati…

(1) Parties in proceedings before the arbitrator are unit owners, associations, and tenants to the extent provided in subsection 61B-45.013(5), F.A.C. If the dispute involves a tenant, the tenant and the unit owner shall be named as party respondents. If the petition may directly…

(1) Any party who is in doubt as to whether a controversy falls within the jurisdiction of the division may file with the division a completed DBPR Form ARB 6000-004, REQUEST FOR EXPEDITED DETERMINATION OF JURISDICTION, incorporated in subsection 61B-45.001(7), F.A.C. A request f…

(1) Initiation of arbitration proceedings shall be made by a unit owner or association filing the original petition for arbitration and one copy for each named respondent with the Division of Florida Condominiums, Timeshares, and Mobile Homes. All petitions shall be submitted on …

(1) If, upon receipt of a petition for arbitration, the filing fee required by Section 718.1255, F.S., is not included, the division shall return the petition to the sender with an explanation for its return. (2) After assignment of a petition for arbitration, the arbitrator shal…

(1) After a petition for arbitration is filed and assigned to an arbitrator, the respondent will be mailed a copy of the petition by the arbitrator, and will be given an opportunity to answer the petition. Unless a shorter time is ordered by the arbitrator in cases where the heal…

(1) When a party fails to file or serve any responsive document in the action or has failed to follow these rules or a lawful order of the arbitrator, the arbitrator shall enter a default against the party where the failure is deemed willful, intentional, or a result of neglect. …

(1) It is intended that the discovery process shall be used sparingly and only for the discovery of those things which are necessary for the proper disposition of the petition. Parties may obtain discovery only upon the prior approval of the arbitrator. A motion to conduct discov…

(1) A subpoena requiring the attendance of witnesses or the production of documents, whether for purposes of discovery or for purposes of a final hearing, may be served by any person authorized by law to serve process or by any person who is not a party and who is of majority age…

(1) Any dispute which does not involve a disputed issue of material fact as shown by the answer, prehearing stipulation, or otherwise, shall be arbitrated as provided in this rule. (2) At any time after the filing of the petition and answer, if any, and if no disputed issues of m…

(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) Whenever possible, hearings shall be held by telephone conference call or at the place most conveni…

(1) A petitioner may withdraw or voluntarily dismiss the petition for arbitration at any time. Such withdrawal or dismissal shall be in writing directed to the arbitrator and shall be without prejudice to refiling. No withdrawal or voluntary dismissal of a petition shall operate …

(1) The failure or refusal of a petitioner to comply with any lawful order of the arbitrator or with a provision of these rules shall result in a dismissal of the petition or individual claims or imposition of costs and attorney's fees, or both, as appropriate, where such failure…

(1) The presiding arbitrator before whom a case is pending may issue any orders necessary to effectuate discovery, to prevent delay, and to promote the just, speedy, and inexpensive determination of all aspects of the case. (2) When a case is placed in abeyance or abated by a non…

(1) Any party wishing a stenographic record shall make such arrangements directly with the court reporter and shall notify the other parties of such arrangements in advance of the hearing. The requesting party or parties shall pay the cost of such record. (2) Any party may have a…