The Division proposes this rule amendment to provide the option of paying annual fees online through the department’s web site. Additionally, reference to the annual fee statement as “BPR form 30-005” will be deleted. The annual fee statement is ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Florida Condominiums, Timeshares and Mobile Homes

RULE NO.:RULE TITLE:

61B-23.002Operation of the Association

PURPOSE AND EFFECT: The Division proposes this rule amendment to provide the option of paying annual fees online through the department’s web site. Additionally, reference to the annual fee statement as “BPR form 30-005” will be deleted. The annual fee statement is not a “form”.

SUMMARY: The amendment provides an option to pay condominium annual fees online.

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: 718.112(2)(b)2., (c), (d)8., 718.501(1)(f) FS.

LAW IMPLEMENTED: 718.1085, 718.111(12), 718.112(2)(b)1., 2., 3., (c), (d)8., (f)4., (l), 718.501(2)(a), 718.504 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:

 

61B-23.002 Operation of the Association.

(1) Each association which operates more than 2 units shall pay an annual fee of $4 for each unit in a residential condominium operated by the association. If the declaration is amended during the year to alter the number of units or to add additional phases containing units, the association shall pay the annual fee on the highest number of declared units during the year. The fee shall be paid as follows:

(a) The division shall provide mail to the association an annual fee statement. The fee statement is BPR form 30-005, incorporated herein by reference and effective 2-20-97. The form may be obtained by writing the Division of Florida Condominiums, Timeshares, and Mobile Homes, Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida 32399-1033. 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.MyFloridaLicense.com or by check or money order made payable to Division of Florida Condominiums, Timeshares, and Mobile Homes.

(b) through (c) No change.

(d) The check or money order in payment of the annual fees shall be accompanied by the annual fee statement.

(e) The postmark date shall constitute the date of payment.

(2) through (10) No change.

Rulemaking Authority 718.112(2)(b)2., (c), (d)8., 718.501(1)(f) FS. Law Implemented 718.1085, 718.111(12), 718.112(2)(b)1., 2., 3., (c), (d)8., (f)4., (l), 718.501(2)(a), 718.504 FS. History–New 7-22-80, Amended 8-31-83, 10-1-85, Formerly 7D-23.02, Amended 1-27-87, 7-10-88, 3-21-89, 2-18-92, Formerly 7D-23.002, Amended 11-23-93, 2-20-97, 4-14-99, 12-23-02, 1-28-04, 11-30-04, 6-23-09, 2-22-15,_________.

 

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: May 19, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 24, 2015