Filing and Examination of Amendments to Documents

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Florida Condominiums, Timeshares and Mobile Homes

RULE NO.:RULE TITLE:

61B-17.006Filing and Examination of Amendments to Documents

NOTICE OF CORRECTION

Notice is hereby given that the following correction has been made to the proposed rule in Vol. 39, No. 193, October 3, 2013 issue of the Florida Administrative Register.

This Notice is for the purpose of correcting the section numbering of the proposed rule and correcting two typographical errors, as follows:

 

61B-17.006 Filing and Examination of Amendments to Documents.

(1) “Amendment” means:

(a) Any change to documents that have previously been filed with and accepted by the division, and

(b) Any change to a document(s) recorded in the public records, whether the change is technical or substantive, regardless of the procedure by which the change is made. Developers shall file such changes as amendments, regardless of the nature of the changes, except as provided in paragraph (6)(2)(b).

(2) “Initial Acceptance” means the division finds the filed documents that have been recorded acceptable as corrected, if any corrections are made following a notice of deficiency.

(3) “Final Acceptance” means

(a) The division finds the non-recorded documents acceptable as corrected, if any corrections are made following a notice of deficiency, or

(b) The developer submitted recorded amendment(s) to previously recorded documents that incorporate corrections made after a notice of deficiency.

(4) “Record” or recorded” means a document that has been recorded in the official records of the county where the condominium is located. The copy of the recorded document(s) provided to the division must bear the county clerk’s official stamp or seal with the recording date and location in the public records by book and page. A photocopy of the recorded document is acceptable as long as the recording information is clearly legible.

(5) “Withdrawn” means the filing has been withdrawn from the review process.

(6)(2)(a) Every developer of a condominium who holds a unit for sale in a condominium shall submit to the division Division any amendments in documents or items on file with the division Division and deliver to the purchaser pursuant to Rule 61B-18.001, F.A.C., all amendments prior to closing, but in no event, later than 10 days after the amendment is accepted by the division.

(b) through (d) No change.

(3) though (9) renumbered

(7) through (13) No change.

(14) If an amendment filing contains recorded documents that require corrections, a recorded amendment incorporating these corrections must be filed within 30 days of the division issuing an Initial Acceptance. If the recorded amendment is not submitted or if the filing has not been withdrawn within the 30-day period, the division will reject the filing under this rule, and no further offers may be made utilizing the rejected documents.

THE PERSON TO BE CONTACTED REGARDING THIS NOTICE OF CORRECTION IS: Sharon A. Malloy, Senior Management Analyst II, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-1030, [phone]