Fla. Admin. Code Ann. R. 61B-79.003 - Filing and Examination of Amendments to Documents

(1) "Amendment" means any change to documents, whether technical or substantive, regardless of the procedure by which the change is made.

(2)

(a) Every developer of a cooperative who holds a unit for sale in a cooperative shall submit to the division any amendments to documents or items on file with the division and deliver to the purchaser pursuant to Rule 61B-79.004, Florida Administrative Code, all amendments prior to closing, but in no event, later than 10 days after the amendment.

(b) Upon filing an amendment to documents or items which have been accepted by the division, the developer shall pay to the division a filing fee of $100 per filing. A developer may include within each filing, multiple amendments relating to a single cooperative in which case a filing fee of only $100 shall be charged. However, there shall be no charge for filing a Certificate of Incorporation.

(c) Payment of fees shall be by check or money order made payable to Division of Florida Condominiums, Timeshares, and Mobile Homes.

(3) The developer shall submit with the amendments the following information on a separate cover sheet:

(a) Name and physical location of the cooperative to which amendments apply;

(b) Developer's name and mailing address;

(c) Division Identification Number;

(d) Identification of document to which amendment applies;

(e) Book, page number and county where recorded, if applicable;

(f) A statement summarizing each amendment; and

(g) All new and deleted language shall be shown by providing a coded copy of the new documents identifying new language with underlining and striking through material to be deleted from the documents.

(4) The division may require that documents or items be revised to include amendments if said revision is deemed necessary by the division for full and adequate disclosure.

(5) Upon receipt of an amendment, the division will examine the material to determine its sufficiency under the Cooperative Act and these Rules. After receipt of the documents, the division shall notify the developer or its agent by mail of any deficiencies in the content or that the amendment is proper for filing purposes. Failure to notify the developer or its agent of any deficiencies shall not preclude the determination of deficiencies at a later date nor shall it relieve the developer of any responsibility under the law.

(6) The developer shall correct the deficiencies noted by the division.

(7) The division shall notify the developer or its agent after the receipt of documents correcting noted deficiencies of the acceptability of the corrections.

(8) In no event shall proper filing with the division be construed as approval of the amendment by the division. No documents or offering materials shall indicate the division has in any manner approved the materials.

Notes

Fla. Admin. Code Ann. R. 61B-79.003

Specific Authority 719.501(1)(f) FS. Law Implemented 719.502, 719.503 FS.

New 1-8-98.

New 1-8-98.