The Division proposes this rule amendment to provide the option of paying mobile home annual fees online through the department’s web site and to reflect statutory changes. Additionally, reference to the annual fee statement as “BPR form 327” will ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Florida Condominiums, Timeshares and Mobile Homes

RULE NO:RULE TITLE:

61B-30.001Fees

PURPOSE AND EFFECT: The Division proposes this rule amendment to provide the option of paying mobile home annual fees online through the department’s web site and to reflect statutory changes. Additionally, reference to the annual fee statement as “BPR form 327” will be deleted. The annual fee statement is not a “form”.

SUMMARY: The amendment provides an option to pay mobile home annual fees online and reflects statutory changes.

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.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted 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: 723.007, 723.011(1)(a), (c) 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: Debbie Miller, 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:

 

CHAPTER 61B-30

FEES, FILINGS, AND MOBILE HOME ADVERTISING PROSPECTUS RULE

61B-30.001 Fees.

(1) Payment of Ffees shall be paid online at www.MyFloridaLicense.com or by check or money order made payable to Division of Florida Condominiums, Timeshares, and Mobile Homes.

(2) Annual filing fee – Each owner of a mobile home park subject to Chapter 723, F.S. which contains 10 or more mobile home lots shall pay an annual fee of $4 plus a surcharge of $1, if applicable pursuant to Section 723.007(2), F.S., for each mobile home lot owned by the park owner which is required to be permitted by the Department of Health (DOH) and Rehabilitative Services (HRS) pursuant to Section 513.02, F.S. The Cashier’s check or money order for the fee shall be accompanied by BPR form 327, ANNUAL FEE STATEMENT, incorporated herein by reference and effective 8-31-94. This form may be obtained by writing to the Division of Florida Condominiums, Timeshares, and Mobile Homes, Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida 32399-1030. Failure of the park owner to obtain a permit from DOH HRS shall not relieve the park owner of the obligation to pay the required fees to the division annual fee of $4 for each owned mobile home lot. If the number of lots permitted by DOH HRS changes during the year, the fee shall be paid for the maximum number of permitted lots owned during the year.

(3) Prospectus filing fee – Upon filing the prospectus required by Section 723.011, F.S., the park owner shall pay a prospectus filing fee for each prospectus filed as follows:

(a) If any of the mobile home lots were permitted by DOH HRS prior to June 4, 1984, the fee described in Section 723.011(1)(c)2., F.S., shall be based upon the number of mobile home lots required to be permitted by DOH HRS at the time of the prospectus filing, unless the park owner files a prospectus for a greater number of mobile home lots than those for which a permit has been obtained. In that event, the fee shall be based upon the number of lots for which the prospectus is filed.

(b) No change.

(4) If subsequent to the initial filing described in subsection (3) of this rule, additional mobile home lots are permitted by the Department of Health and Rehabilitative Services, which were not previously included in the prospectus filing, the fee shall be $10 for each additional mobile home lot permitted.

(5) The provisions of Chapter 212, F.S., shall apply to any person responsible for any fees, penalties or fines pursuant to Chapter 723, F.S. Successors or assigns of a mobile home park may be responsible for payment of any delinquent or due fees, penalties or fines. However, the provisions of Section 212.12(1), F.S., do not apply to this rule.

Rulemaking Specific Authority 723.006(7) FS. Law Implemented 723.007, 723.008, 723.011(1)(a),(c) FS. History–New 1-10-85, Formerly 7D-30.01, Amended 8-2-87, 3-28-89, Formerly 7D-30.001, Amended 8-31-94, 11-15-95, 1-19-97,________.

 

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: April 14, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 17, 2015