Chapter 2015-90, Laws of Florida, amended Section 723.003 F.S., to provide additional definitions. The Division proposes this rule amendment to delete those definitions listed in Rule 61B-29.001, F.A.C., which were added to Section 723.003, F.S.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Florida Condominiums, Timeshares and Mobile Homes

RULE NO.:RULE TITLE:

61B-29.001Definitions

PURPOSE AND EFFECT: Chapter 2015-90, Laws of Florida, amended Section 723.003 F.S., to provide additional definitions. The Division proposes this rule amendment to delete those definitions listed in Rule 61B-29.001, F.A.C., which were added to Section 723.003, F.S.

SUMMARY: The amendment deletes definitions listed in Rule 61B-29.001, F.A.C., which were added to Section 723.03, F.S.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

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.

RULEMAKING AUTHORITY: 723.006(7) FS.

LAW IMPLEMENTED: 723.016 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rikki Anderson, Government Analyst I, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-1030, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61B-29.001 Definitions.

For purposes of Rule Chapters 61B-30, 61B-31, 61B-32, 61B-33, and 61B-35 61B-34, F.A.C., the definitions in this rule shall apply. The obligation of good faith set forth in Section 723.021, F.S., applies to the duties and responsibilities of the parties under these rules.

(1) “Homeowner” means a mobile homeowner or homeowner as defined by Section 723.003(5), F.S., or the owner of a lot in a mobile home subdivision as defined by Section 723.003(8), F.S.

(2) “Homeowners’ association” means a corporation for profit, or not for profit, which is formed in accordance with Section 723.075, F.S.; or in a subdivision, the homeowners' association authorized in the subdivision documents in which all homeowners must be members as a condition of ownership.

(3) “Homeowners’ committee” means a committee, not to exceed five persons in number, designated by a majority of the affected homeowners in a mobile home park or a subdivision; or, if a homeowners’ association has been formed, designated by the board of directors of the association, for the purpose of meeting with the park owner or park developer to discuss lot rental increases, decreases in services or utilities, or changes in rules and regulations.

(4)(a) “Mediation” means a process whereby a mediator appointed by the Division of Florida Condominiums, Timeshares, and Mobile Homes or mutually selected by the parties, acts to encourage and facilitate the resolution of a dispute. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable agreement.

(b) For purposes of mediation, under Section 723.037, F.S., and Section 723.038, F.S., the term “parties” means a park owner as defined by Section 723.003(7), F.S. and a homeowners’ committee selected pursuant to Section 723.037, F.S.

(5) “Mobile Home Lot” means a lot described by a park owner pursuant to the requirements of Section 723.012, F.S., or in a disclosure statement, pursuant to Section 723.013, F.S., as one intended for the placement of a mobile home. Any lot so described, and upon which a park trailer, as defined in Section 320.01(1)(b)7., F.S., is placed, shall be considered a mobile home lot for purposes of Chapter 723, F.S., and this definition.

(1)(6) “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 sale of a new mobile home or a lease of a mobile home lot. Descriptions which are limited to the name and address of a park shall not be deemed promoting.

(2)(7) “Offer” means any advertisement, inducement, solicitation or attempt to encourage any person to enter into a rental agreement or extend or renew an existing rental agreement for a mobile home lot, whether existing or proposed.

Rulemaking Specific Authority 723.006(7) FS. Law Implemented 723.002(2),(3), 723.003(5),(8), 723.016, 723.037, 723.038 FS. History–New 3-20-95, Amended 1-26-97,                 .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kevin Stanfield, Director, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-1030

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 2, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2015