61B-15.007: Developer, Defined
PURPOSE AND EFFECT: This rule amendment changes the definition of developer for filing purposes to conform the rule to Sections 718.502(1)(a), 718.503, and 718.504, Florida Statutes. The change clarifies that offering condominium parcels for lease has to be for leases more than 5 years before a legal entity may be considered a developer.
SUMMARY: This rule amendment addresses the definition of developer for filing purposes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 718.501(1)(f) FS.
LAW IMPLEMENTED: 718.502(1)(c) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: February 16, 2009, 2:00 p.m.
PLACE: The Northwood Centre, Suite 16, Conference Room, 1940 N. Monroe Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Sharon A. Malloy, Senior Management Analyst II at (850)488-1631. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sharon A. Malloy, Senior Management Analyst II, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32311-1030, (850)488-1631
THE FULL TEXT OF THE PROPOSED RULE IS:
61B-15.007 Developer, Defined.
(1) For purposes of filing under Sections 718.202, 718.502, 718.503, 718.504, and 718.505, Florida Statutes, and Rule 61B-23.003, Florida Administrative Code, the term developer includes, subject to the exceptions provided in Section 718.103(16), Florida Statutes, or these rules:
(a) A creating developer, which means any person who creates a condominium;
(b) A successor or subsequent developer, which means any person, other than the creating developer or concurrent developer, who offers condominium parcels for sale or lease for more than 5 years in the ordinary course of business; and or
(c) A concurrent developer, which means any person who acts concurrently with a developer in offering to sell selling or lease for more than 5 years leasing condominium parcels in the ordinary course of business. As used in this rule, person includes natural persons, corporations, partnerships, limited liability companies, and any other legal entities.
(2) through (3) No change.
(4) For purposes of filing with the division, as defined by subsection 61B-15.0011(4), Florida Administrative Code, one is not offering condominium parcels for sale or lease for more than 5 years in the ordinary course of business where that person offers parcels in a condominium that consists of 7 or fewer residential units including all residential units planned in a phase condominium and all residential units planned within a multi-condominium. However, this shall not relieve the developer of the duty to file a notice of recording information and pay annual fees as required by Sections 718.104(2), 718.403(8), and 718.501(2)(a), Florida Statutes, and subsection 61B-17.001(3), Florida Administrative Code.
(5) No change.
Specific Authority 718.501 FS. Law Implemented 718.103(11), (12), (16), (23), 718.104(2), 718.106, 718.403(8), 718.502-.505 FS. HistoryNew 10-1-85, Formerly 7D-15.07, Amended 1-27-87, 7-10-88, 3-21-89, 6-13-89, Formerly 7D-15.007, Amended 11-14-95, 12-23-02, 3-7-06,_______.
