This rule amendment is for the purpose of updating these rules to conform to Chapter 2013-122, LOF, which changes the starting point of developer action trigger points from the recording of the declaration of condominium to recording the certificate ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Florida Condominiums, Timeshares and Mobile Homes

RULE NOS.: RULE TITLES:

61B-17.001 Developer, Filing; Electronic Filing Required

61B-17.0012 Declaration; Filing

61B-17.002Procedure for Filing

61B-17.003Phase Condominium Filing

61B-17.005Examination of Documents

61B-17.006Filing and Examination of Amendments to Documents

61B-17.011Delivery of Documents via Alternative Media

PURPOSE AND EFFECT: This rule amendment is for the purpose of updating these rules to conform to Chapter 2013-122, LOF, which changes the starting point of developer action trigger points from the recording of the declaration of condominium to recording the certificate of a surveyor and mapper, or the recording of an instrument that transfers title to a unit in the condominium which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit. The rule amendment also allows a developer to seek approval to extend the time to complete a phased condominium project from 7 to 10 years. These rules will accommodate the filing of recorded documents for division review. The rule amendment also incorporates division forms into various sections of this rule chapter.

SUMMARY: This rule amendment addresses the filing and examination of documents by the division and incorporates division forms.

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: 718.501(1), 718.502(1)(c) FS.

LAW IMPLEMENTED: 718.103(14), 718.104(4)(i), (f), 718.202, 718.301, 718.403, 718.502, 718.503, 718.504, 718.505 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: Sharon A. Malloy, Senior Management Analyst II, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-1030

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61B-17.001 Developer, Filing; Electronic Filing Required.

(1)(a) Except in the case of a reservation program, a developer of a residential condominium shall file with the Division one copy of each document required by Sections 718.502(5), 718.503, and 718.504, Florida Statutes. The filing shall occur prior to any offering of a condominium unit to the public. The developer shall submit with the filing a Developer/Condominium Filing Statement, DBPR Form CO 6000-2, incorporated herein by reference and effective 10-16-13 referenced in Rule 61B-15.0012, F.A.C. When each subsequent phase is filed, the developer shall submit DBPR Form CO 6000-3, Filing Statement for Subsequent Phases, incorporated herein by reference and effective 12-23-02 as referenced in Rule 61B-15.0012, F.A.C. A copy of both of these forms may be obtained by contacting the Division of Florida Condominiums, Timeshares, and Mobile Homes, Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida 32399-1030.

(b) No change.

(2) No change.

(3) Upon recording the declaration of condominium pursuant to Section 718.104(2), Florida Statutes, or amendments adding phases pursuant to Section 718.403, Florida Statutes, the developer shall file the recording information with the Division within 120 working days on DBPR Form CO 6000-1, NOTICE OF CONDOMINIUM RECORDING INFORMATION, incorporated herein by reference and effective 8-15-05 as referenced in Rule 61B-15.0012, F.A.C. A copy of this form may be obtained by contacting the Division of Florida Condominiums, Timeshares, and Mobile Homes, Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida 32399-1030. If the recorded documents have not already been filed, reviewed, and approved by the Division in accordance with subsection (1) of this rule and Sections 718.502(5), 718.503, and 718.504, Florida Statutes, prior to recording, then a complete copy of the recorded documents must be submitted with DBPR Form CO 6000-1, NOTICE OF CONDOMINIUM RECORDING INFORMATION. If the recorded documents have been previously filed, reviewed, and approved by the Division, then only the form need be filed.

(4) Frequently Asked Questions and Answers Sheet. Each developer shall submit with its filing a completed Frequently Asked Questions and Answers Sheet substantially conforming to DBPR Form CO 6000-4, FREQUENTLY ASKED QUESTIONS AND ANSWERS SHEET, incorporated herein by reference and effective 12-23-02 as referenced in Rule 61B-15.0012, F.A.C. A copy of this form may be obtained by contacting the Division of Florida Condominiums, Timeshares, and Mobile Homes, Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida 32399-1030. The answers to the questions may be summary in nature, in which case the answers shall refer to identified portions of the condominium documents.

(5) through (7)(g) No change.

Rulemaking Specific Authority 718.501(1)(f), 718.502(1)(c) FS. Law Implemented 718.103(14), 718.104, 718.403, 718.502, 718.504(20) FS. History–New 11-15-77, Amended 7-22-80, 7-6-81, 8-31-83, 10-1-85, Formerly 7D-17.01, Amended 1-27-87, 7-10-88, Formerly 7D-17.001, Amended 2-22-94, 2-20-97, 4-14-99, 1-26-03, 8-15-05, 1-17-07,_________.

 

61B-17.0012 Declaration; Filing.

Any document required to be delivered to a prospective buyer or lessee pursuant to Section 718.503 or 718.504, Florida Statutes, which describes the developer’s (or other person’s) right to retain control of the association shall recite the provisions of Section 718.301(1)(a)-(g)(e), Florida Statutes, regarding turnover of control of the association. This disclosure requirement shall not prohibit a developer from providing in the declaration for turnover to the unit owners other than the developer at an earlier point than the maximum time period set forth in these statutory entitlements.

Rulemaking Specific Authority 718.501 FS. Law Implemented 718.104(4)(i), 718.301, 718.503, 718.504 FS. History–New 11-23-93, Amended__________..

 

61B-17.002 Procedure for Filing.

(1) through (3) No change.

(4) There shall be submitted with each filing a Filing Checklist which substantially conforms to DBPR Form CO 6000-7, Filing Checklist, incorporated herein by reference and effective 12-23-02 as referenced in Rule 61B-15.0012, F.A.C. A copy of this form may be obtained by contacting the Division of Florida Condominiums, Timeshares, and Mobile Homes, Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida 32399-1030.

(5) No change.

(6) If the developer wishes to include in the filing certain documents that were previously reviewed and accepted by the Division, the filing shall be accompanied by DBPR Form CO 6000-5, Certificate of Identical Documents, incorporated herein by reference and effective 12-23-02 as referenced in Rule 61B-15.0012, F.A.C. A copy of this form may be obtained by contacting the Division of Florida Condominiums, Timeshares, and Mobile Homes, Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida 32399-1030.

(7) No change.

Rulemaking Specific Authority 718.501(1)(f) FS. Law Implemented 718.202, 718.502, 718.503, 718.504, 718.505 FS. History–New 11-15-77, Amended 7-22-80, Formerly 7D-17.02, Amended 4-1-92, Formerly 7D-17.002, Amended 1-26-03. 8-30-04,__________.

 

61B-17.003 Phase Condominium Filing.

(1) through (9) No change.

(10) If the phase plan is being extended under Section 718.403(1), Florida Statutes, the phase amendment filing must include a recorded amendment with the required unit owner approval and either of the documents required under Section 718.403(1)(c), Florida Statutes, used to determine the time period of 10 years.

Rulemaking Specific Authority 718.501(1)(f), 718.502(1)(c) FS. Law Implemented 718.104(4)(f), 718.403(1)-(7), 718.502(3), 718.503(2) FS. History–New 11-15-77, Amended 7-22-80, 5-11-82, Formerly 7D-17.03, Amended 1-27-87, Formerly 7D-17.003, Amended 1-20-97, 1-26-03, 8-5-03,__________.

 

61B-17.005 Examination of Documents.

(1) “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.

(2) “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.

(3) “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.

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

(1) through (7) renumbered (5) through (10) No change.

(11) If a filing contains previously 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.

Rulemaking Specific Authority 718.501(1)(f), 718.502(1)(c) FS. Law Implemented 718.501, 718.502, 718.505 FS. History–New 11-15-77, Amended 7-22-80, 8-31-83, Formerly 7D-17.05, Amended 9-7-88, 3-21-89, Formerly 7D-17.005, Amended 1-26-03, 8-30-04,__________.

 

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 (5)(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 dificiency, 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.

(5)(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) through (9) renumbered (6) through (12) No change.

(13) 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.

Rulemaking Specific Authority 718.501(1)(f), 718.502(1)(c) FS. Law Implemented 718.103(14), 718.502, 718.502(3), 718.503, 718.504, 718.505 FS. History– New 11-15-77, Amended 7-22-80, 10-1-85, Formerly 7D-17.06, Amended 1-27-87, 4-1-92, 7-11-93, Formerly 7D-17.006, Amended 11-23-93, 1-26-03, 8-30-04,_________.

 

61B-17.011 Delivery of Documents via Alternative Media.

(1) through (b) No change.

(c) State that the purchaser should not select alternative media unless the purchaser will have the means to read the documents before the expiration of the 15-day cancellation period. The alternative media disclosure statement shall be listed on the form receipt for documents in the manner prescribed in DBPR Form CO 6000-6, Receipt for Condominium Documents, incorporated herein by reference and effective 8-26-04 as referenced in Rule 61B-15.0012, F.A.C., and as required in subsection 61B-18.004(3), F.A.C. A copy of this form can be obtained by contacting the Division of Florida Condominiums, Timeshares, and Mobile Homes, Northwood Centre, 1940 N. Monore Steet, Tallahassee, Florida 32399.1030. If a portion, but not all, of the documents are delivered through the use of alternative media, the developer shall identify in the prospectus table of contents and in the receipt for condominium documents which documents are being delivered via alternative media and which documents are being delivered in paper form.

(2) Prior to delivery of documents to a purchaser via alternative media, the developer must submit to the Division a sample copy of the alternative media proposed for use by the developer together with an executed certificate, using the form prescribed in DBPR Form CO 6000-5, Certificate of Identical Documents, referenced in Rule 61B-17.002 61B-15.0012, F.A.C., certifying that the portion of the documents delivered via alternative media is identical in form and substance to the corresponding portion of the documents reviewed and accepted by the Division.

(3) No change.

Rulemaking Specific Authority 718.501(1)(f), 718.501(1)(c) FS. Law Implemented 718.502, 718.503, 718.504 FS. History–New 1-26-03, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ronnie Whitaker, 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: September 24, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 9, 2013