61B-79.001: Developer, Filing
PURPOSE AND EFFECT: This rule amendment creates the Notice of Cooperative Incorporation/Recording Information form required by Section 719.1035(1), Florida Statutes. The developer, upon creation of a cooperative, is required to file recording information for the cooperative with the division prior to the conveyance of the cooperative property.
SUMMARY: This rule amendment addresses the filing of cooperative creation and recording information with the division.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 719.1035(1), 719.501(1)(f) FS.
LAW IMPLEMENTED: 719.1035(1), 719.403(7), 719.502, 719.503, 719.504 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: April 9, 2007, 10:00 a.m.
PLACE: The Northwood Centre, Suite 16, Conference Room, 1940 North Monroe Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Sharon A. Malloy, Senior Management Analyst II at (850)488-1631. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sharon A. Malloy, Senior Management Analyst II, Division of Florida Land Sales, Condominiums and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32311-1030, (850)488-1631
THE FULL TEXT OF THE PROPOSED RULE IS:
61B-79.001 Developer, Filing.
(1) through (5) No change.
(6)(a) Upon recording the cooperative documents as defined in Section 719.1035(1), Florida Statutes, or recording amendments adding phases as defined in Section 719.403(7), Florida Statutes, the developer or the association shall file the incorporation and recording information with the division within 30 working days on DBPR Form CP 6000-2, NOTICE OF COOPERATIVE INCORPORATION/RECORDING INFORMATION, incorporated in this rule and effective _______. You may request a copy of the form, as well as all forms referenced in these rules, by sending a written request to the Division of Florida Land Sales, Condominiums, and Mobile Homes at the Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1033.
(b)1. If you, the developer or the association, have not already filed and the division has not reviewed and approved the recorded documents under subsection (2) of this rule and Sections 719.502, 719.503 and 719.504, Florida Statutes, prior to recording, then you shall submit a complete copy of the recorded documents with DBPR Form CP 6000-2, NOTICE OF COOPERATIVE INCORPORATION/RECORDING INFORMATION; or
2. If the division has already reviewed and approved the recorded documents, then you, the developer or the association, shall only file the form.
Specific Authority 719.1035(1), 719.501(1)(f) FS. Law Implemented 719.1035(1), 719.403(7), 719.502, 719.503, 719.504 FS. History– New 1-8-98, Amended________.