Florida Administrative Code

(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 party wishing to obtain a stenographic record shall make such arrangements directly with the court reporter for such services and shall notify the other parties of such arrangements in advance of the hearing. The requesting party or parties shall bear all the costs of obt…

(1) Hearings shall be open to the public. However, the arbitrator shall exclude any observer, witness or party who is disruptive to the conduct of the hearing. (2) Each party shall have the right to present evidence, cross examine the other party's witnesses, enter objections, an…

(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) All hearings shall be held in the state of Florida. Whenever possible, hearings shall be held in th…

(1) Unless waived, a final order shall be entered within 30 days after any final hearing, receipt by the arbitrator of the hearing transcript if one is timely filed, or receipt of any post-hearing memoranda, whichever is applicable. The final order shall be in writing and shall i…

(1) Any party may file a motion to correct any clerical mistake or error arising from oversight or omission in any final order entered by an arbitrator within 10 days of the date on which the order was entered. "Clerical corrections" shall be generally defined as computational co…

No party shall be entitled to recover its costs and attorney's fees in a recall proceeding initiated pursuant to Section 718.112(2)(j), 719.106(1)(f) or 723.078(2)(i), F.S. Rulemaking Authority 718.501(1)(f), 719.501(1)(f), 723.1255 FS. Law Implemented 718.112(2)(j), 719.106(1)(f…

Specific Authority 498.007(1) FS. Law Implemented 498.027, 498.039 FS. History-Revised 12-17-71, Amended 12-19-74, 4-14-76, 7-1-76, 9-22-77, 12-31-80, 6-9-82, Formerly 7D-6.01, Amended 8-20-86, 2-16-93, Formerly 7D-6.001, Amended 1-26-97, 6-9-98, Repealed 10-28-08.

Specific Authority 498.007(1) FS. Law Implemented 498.039(6),(7) FS. History-New 12-31-80, Amended 6-9-82, Formerly 7D-6.04, Amended 8-20-86, 2-16-93, Formerly 7D-6.004, Amended 1-26-97, 6-9-98, Repealed 10-28-08.

Specific Authority 498.007(1) FS. Law Implemented 498.027, 498.039 FS. History-New 6-9-82, Amended 4-17-85, Formerly 7D-6.06, Amended 8-20-86, 1-24-91, 2-16-93, Formerly 7D-6.006, Amended 9-28-93, 2-27-97, 6-9-98, Repealed 10-28-08.

Specific Authority 498.007(1) FS. Law Implemented 498.017(6), 498.039 FS. History-New 6-9-82, Amended 4-17-85, Formerly 7D-6.10, Amended 2-16-93, Formerly 7D-6.010, Amended 9-28-93, 1-26-97, 6-9-98, Repealed 10-28-08.

(1) For purposes of these rules, the following definitions apply: (a) "Branch Office" shall mean any and all secondary locations of a yacht and ship broker. (b) "Division" shall mean the Division of Florida Condominiums, Timeshares, and Mobile Homes, Department of Business and Pr…

(1) All forms referenced in these rules may be obtained by writing to, and when completed shall be filed with the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030. (2…

(1) Application for License. (a) All persons desiring to obtain a license to act as a broker or salesperson, shall apply for licensure by filing with the division a completed application on DBPR Form YS 6000-1, APPLICATION FOR A YACHT AND SHIP EMPLOYING BROKER, BROKER OR SALESPER…

(1) Applications for licensure as a broker or a salesperson shall be accompanied by a good and sufficient surety bond or irrevocable letter of credit. (2) Requirements of bonds and letters of credit. (a) All bonds and letters of credit: 1. Shall provide coverage during each licen…

Rulemaking Authority 326.003 FS. Law Implemented 326.004, 326.006 FS. History-New 2-13-90, Amended 11-25-90, 10-11-92, Formerly 7D-60.005, Amended 1-26-97, 3-13-02, Repealed 7-22-21.

(1) A broker holding the license of a salesperson shall sign the closing statement of any transaction brokered by the salesperson. (2) A broker holding the license of a salesperson shall make all escrow trust account deposits and withdrawals of monies involved in a transaction br…

(1) The license of a broker or salesperson, as applicable, shall be suspended or cancelled where: (a) Upon termination of a surety bond pursuant to section 326.004(11), F.S., the licensee fails to simultaneously file a new bond with the division; or (b) A salesperson withdraws fr…

Specific Authority 498.007(1) FS. Law Implemented 498.037 FS. History-New 12-17-71, Repromulgated 12-19-74, Amended 12-24-80, Formerly 7D-8.011, Amended 8-20-86, Formerly 7D-8.0011, 61B-8.0011, Amended 1-26-97, 5-8-98, Repealed 10-28-08.

(1) Definition. "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 a recipient and that may be directly reproduced in a comprehens…

Any unit owner is entitled to tape record or videotape meetings of the board of administration, committee meetings, or unit owner meetings, subject to the following restrictions: (1) Rules: Associations may adopt rules, which are consistent with this rule, regarding the placement…

(1)(a) Unless otherwise provided herein, the provisions of this rule apply to all regular and runoff elections conducted by a cooperative association, regardless of any provision to the contrary contained in the cooperative documents. (b) Except as otherwise provided by Rules 61B…

(1) "Election Officials," as used in Section 719.129, F.S., includes the division. (2) "Consent, in writing," as used in Section 719.129, F.S., may be made via email. The email address of the unit owner consenting is not considered an official record, unless the unit owner has pr…

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

(1) Developer Representatives. When both a developer and other unit owners are entitled to representation on a board of administration pursuant to Section 719.301, F.S., the following provisions apply to recall and replacement of board members elected or appointed by a developer:…

(1) Calling a Recall Meeting. Regardless of any provision to the contrary in the cooperative 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…

For the purposes of this chapter the following definitions shall apply: (1) "Accounting records" include all of the books and records identified in Section 719.104(2)(a)9., F.S., and any other records that identify, measure, record, and/or communicate financial information whethe…

(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, cooperative documents, 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…

(1) Reserves required by statute. Reserves, required by Section 719.106(1)(j), F.S., 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, shall be …

(1) Basis of accounting. The financial statements required by Sections 719.104(4)(b) and 719.301(4), F.S., as well as financial statements voluntarily prepared in lieu of a financial report as provided in Section 719.104(4), F.S., shall be prepared on the accrual basis using fund…

(1) Period covered. The audit required by Section 719.301(4)(c), F.S., applies to all transfers of association control from developers to unit owners pursuant to Section 719.301(4), F.S. The audit shall cover a period beginning with the date of incorporation of the association, o…

(1) Definitions. For the purposes of this rule chapter, the following definitions shall apply: (a) "Accepted Complaint" means a complaint received by the division from someone with standing to file a complaint containing sufficient documentation and addressing a subject within th…

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

(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. If the division issues a notice to show c…

(1) The annual fee shall be paid as follows: (a) The division shall provide to the association an annual fee statement. The failure to receive the annual fee statement shall not relieve the association of the obligation to pay the fee. Annual fees shall be paid online at www.MyFl…

(1) Definitions. For the purposes of this rule chapter, the following definitions shall apply: (a) "Accepted complaint" means a complaint received by the division from someone with standing to file a complaint containing sufficient documentation and addressing a subject within th…

(1) The educational resolution process, as detailed in these rules, is only applicable to unit owner controlled associations. (2) Alleged Initial Violation. An initial accepted complaint, directed at an association and involving a possible violation identified as minor in these g…

(1) The division will seek compliance through an enforcement resolution for repeated minor or major violations, or for the failure to correct or address a violation or provide unit owner redress as requested by the division. If the division issues a notice to show cause, it will …

(1) In determining whether a developer has offered a contract for sale or lease pursuant to Section 719.502(2), F.S., it shall be relevant although not dispositive, whether and the extent to which the developer advertised, induced, solicited, or attempted to encourage any person …

(1) Filing. (a) Documents submitted to the division for filing shall be securely bound and fastened between firm covers. Documents which are too bulky for binding may be submitted with the filing unbound. (b) Each filing shall contain in the forepart a Table of Contents which lis…

(1) "Amendment" means any change to documents, whether technical or substantive, regardless of the procedure by which the change is made. (2)(a) Every developer of a cooperative who holds a unit for sale in a cooperative shall submit to the division any amendments to documents or…

(1) In determining whether a developer has closed on a contract for sale or lease for purposes of this rule, it shall be relevant although not dispositive, whether and the extent to which the developer delivered to the purchaser evidence of ownership in the association and a leas…

(1) Every plot plan shall be a legible, scaled drafted map and shall indicate the following: (a) Name of the cooperative; (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) This chapter shall be entitled "The Arbitration Rules of Procedure Governing Recall and Election Disputes in Homeowners' Associations" and shall govern the arbitration of election disputes and recall disputes arising in a homeowners' associations governed by Chapter 720, F.S.…

(1) Where the homeowners attempt to recall one or more directors of a board of a homeowners' association by written agreement, ballot, or vote taken at a meeting, the board of directors shall initiate a recall arbitration by filing a petition for recall arbitration with the divis…

(1) An election arbitration is commenced upon the filing of a petition for mandatory binding arbitration pursuant to Sections 720.306 and 720.311, F.S., and conforming to the requirements of this rule. The term "petition" as used in this rule includes any application or other doc…

(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 request for expedited determination of jurisdiction by filing a completed DBPR FORM HOA 6000-7, REQUEST FOR EXPEDITED DETERMINATION OF JURISDICTION…

(1) Recall Time Calculation. In computing the five full business days prescribed by Sections 720.303(10)(b)2., 720.303(10)(c)2., and 720.303(10)(d), F.S., and these rules, in which the board is required to duly notice and hold a board meeting and file for recall arbitration with …