The Division proposes this rule amendment to conform Rule Chapter 61B-30, F.A.C., to changes made to Rule 61B-30.001, F.A.C., regarding the permit required by the Department of Health, in response to comments made by JAPC to a recent Notice of ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Florida Condominiums, Timeshares and Mobile Homes

RULE NOS.:RULE TITLES:

61B-30.001Fees

61B-30.002Filing and Examination of a Prospectus

PURPOSE AND EFFECT: The Division proposes this rule amendment to conform Rule Chapter 61B-30, F.A.C., to changes made to Rule 61B-30.001, F.A.C., regarding the permit required by the Department of Health, in response to comments made by JAPC to a recent Notice of Proposed Rule. Additionally, a technical change is made and a portion of the text is simplified.

SUMMARY: This rule is being amended to conform Rule Chapter 61B-30, F.A.C., to changes made to Rule 61B-30.001, F.A.C.

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: 723.006(8), 723.007, 723.011(1), 723.012 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: Boyd McAdams, Deputy Director,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-30.001 Fees.

(1) through (2) No change.

(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) No change.

(b) For parks which obtain a permit on or after June 4, 1984, the filing shall be accompanied by a fee of $10 for each mobile home permitted lot covered under the permit offered for lease with the prospectus; provided that the fee shall not be less than $100. If the park owner wishes to file a prospectus for a greater number of mobile home lots than are those covered under the permit permitted, the fee shall be based upon the number of mobile home lots for which the prospectus is filed; provided that the fee shall not be less than $100.

(4) through (5) No change.

Rulemaking Authority 723.006(7) FS. Law Implemented 723.007, 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, 9-1-15,            .

 

61B-30.002 Filing and Examination of a Prospectus.

(1) “Filing” occurs when all of the following have been received by the division:

(a) No change.

(b) The completed Park Owner Prospectus Filing Statement, BPR Form 402, incorporated herein by reference and effective 08-31-94 1-19-97, and which may be obtained by writing to the Division of Florida Condominiums, Timeshares, and Mobile Homes, Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida 32399-1033; and,

(c) No change.

(2) In determining whether a prospectus must be filed pursuant to Section 723.011, F.S., all existing and planned lots, irrespective of whether all lots are currently covered under a permitted by Department of Health permit (DOH), shall be counted. As used herein, planned lots means all lots platted or otherwise approved by local authorities.

(3) through (4) No change.

(5) If more than one prospectus is filed and approved for use in the park, the park owner shall inform the division which prospectus applies to each of the lots. The information shall be submitted in the following manner:

(a) If known at the time of filing, the information shall be stated in the appropriate blanks in the Park Owner Prospectus Filing Statement, BPR Form 402, incorporated herein by reference and effective 8-31-94, and which may be obtained by writing to the Division of Florida Condominiums, Timeshares, and Mobile Homes, at the address stated in subsection (3) of this rule.

(b) If the park owner does not know at the time of filing which prospectus will be delivered to each lot; or if the information provided in BPR Fform 402 changes after filing, the park owner shall, no later than the first day of March and September of each year, submit to the division a listing of each lot number with the corresponding form prospectus identification number assigned by the division. If there have been no changes from the previous reporting, no additional notification is required.

(6) through (12) No change.

Rulemaking Authority 723.006(7) FS. Law Implemented 723.011(1), 723.012, 723.006(8) FS. History–New 1-10-85, Formerly 7D-30.02, Amended 8-2-87, Formerly 7D-30.002, Amended 8-31-94, 11-15-95, 1-19-97, 4-30-00,               .

 

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: November 13, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 15, 2015