Fla. Admin. Code Ann. R. 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, F.S. 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, http://www.flrules.org/Gateway/reference.asp?No=Ref-03414, and effective 10-16-13. When each subsequent phase is filed, the developer shall submit DBPR Form CO 6000-3, Filing Statement for Subsequent Phases, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-03405, and effective 12-23-02. A copy of both of these forms may be obtained by contacting the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030.

(b) In the case of a reservation program, a developer of a condominium shall file with the division one copy of each document required by Section 718.502(2), F.S., and shall obtain approval of the division prior to any offering of a condominium unit to the public. In addition, a developer shall file, prior to offering, proof of the developer's ownership, contractual, or leasehold interest in the land upon which the condominium is to be developed. Such evidence must provide the address, or otherwise specify the location, of the land upon which the condominium is to be developed.

(2) For purposes of this rule the division shall accept a signed written statement from the developer or the developer's attorney describing the developer's interest in the land upon which the condominium is to be developed. The signature of the developer or the developer's attorney constitutes a certificate that they have read the statement and, to the best of their knowledge, information, and belief formed after reasonable inquiry, the statement accurately describes the developer's interest in the land.

(3) Upon recording the declaration of condominium pursuant to Section 718.104(2), F.S., or amendments adding phases pursuant to Section 718.403, F.S., 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, http://www.flrules.org/Gateway/reference.asp?No=Ref-03404, and effective 8-15-05. A copy of this form may be obtained by contacting the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, 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, F.S., 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 referenced, http://www.flrules.org/Gateway/reference.asp?No=Ref-03406, and effective 12-23-02. A copy of both of this form may be obtained by contacting the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, 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) Estimated Operating Budgets. Each condominium filing shall include an estimated operating budget conforming to the requirements of Rule 61B-22.003, F.A.C., in a single exhibit labeled "Estimated Operating Budget."

(6) Once a developer has filed documents with the division for review pursuant to Rule 61B-17.005, F.A.C., the developer may offer units to the public. However, the developer shall not close on contracts until the documents are approved by the Division pursuant to Rule 61B-17.005, F.A.C.

(7) Beginning on July 1, 2007, all new developer filings required or permitted by Chapter 61B-17, F.A.C., except as otherwise provided in this rule, shall be made by electronic filing with the Division. This requirement applies to original filings, amendment filings, reservation filings, notices of intended conversion, and any other filing. No filing, except as provided in this rule, shall be submitted to the Division in a paper format, except that filings submitted prior to July 1, 2007, in a paper format shall be allowed to be completed in a paper format.

(a) Format. All electronic filings shall be contained in a CD ROM format. No filings shall be submitted by email or Internet, dial up modem, floppy disc, or email attachment directed to the Division. Within the CD ROM, the documents shall be presented in a portable document format (PDF) with each document labeled by name.

(b) Signatures. All documents required to contain an original signature, such as the fully executed escrow agreement, shall be reproduced electronically and shall be included on the CD ROM.

(c) Seals. All documents required to contain a seal such as an engineer's seal, architect's seal or notary public's seal, shall be reproduced electronically in such a way as to make the seal evident, and shall be included on the CD ROM.

(d) Developer responses to notices of deficiency issued by the Division shall be submitted electronically in PDF format either on a CD ROM, or as a PDF or WORD attachment to an email.

(e) Integrated text. Within 45 days following receipt of the Division's letter of approval of an electronic filing, the developer shall submit to the Division a plain text integrated version of the filed documents in CD ROM format incorporating the initial filing with all changes necessitated by the Division's examination process. For example, the declaration shall be shown as a single document containing all required amendments within its text without underlining or strike-through format. The integrated filing CD ROM shall include a signed written statement by the developer's attorney, or by the developer if not represented by an attorney, stating that the CD ROM contains an accurate integrated text of the filing. If there was no change in the filed documents necessitated by the Division's examination process, this subsection will not apply.

(f) Temporary Exemption. A developer may apply for a temporary hardship exemption if the developer experiences unanticipated technical difficulties that prevent the timely preparation and submission of any electronic filing. Such application shall be made in paper format and filed with the Division. A developer who files in paper under the temporary hardship exemption must submit an electronic format copy of the filed paper documents within 14 days of the filing of the paper format document.

(g) Continuing Hardship Exemption. Until July 1, 2008, if a developer determines that the preparation of an electronic filing is unduly burdensome, unduly expensive, or is not technologically available, the developer may apply to the Division for an automatic exemption from the requirement of an electronic filing in order to be permitted to file the documents in a paper format. Such automatic exemption shall only apply to the individual filing for which it is requested.

Notes

Fla. Admin. Code Ann. R. 61B-17.001

Rulemaking Authority 718.501(1)(f), 718.502(1)(c) FS. Law Implemented 718.104, 718.403, 718.502, 718.504(21) FS.

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, 12-10-2013.

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, 12-10-13.