The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . Additionally, the Florida Condominium Act, section 718.403, Florida Statutes, provides that a developer . . .
. . . We write only to briefly address appellant’s contention that the trial court disregarded section 718.403 . . . We hold that the trial court’s rulings do not violate section 718.403. . . .
. . . made two changes to § 718.205(d) from the prior regulation: (i) cross-references to §§ 718.307 and 718.403 . . .
. . . specifically provided for in said condominium(s) Declaration of Condominium, as provided by section 718.403 . . .
. . . . § 718.403; Adams, 886 F.2d at 820. . . .
. . . stated in pertinent part as follows: This Condominium may be developed in Phases pursuant to Chapter 718.403 . . . As further support for this construction, the court referred to sections 718.403(1) and (4), Florida . . . We do not read section 718.403 to be in conflict with this interpretation. . . . Sales, Condominiums, and Mobile Homes in an amicus brief also argue that a 1984 amendment to section 718.403 . . . Our construction brings section 718.403 into express harmony with sections 718.104(2) and 718.110(3). . . .
. . . As required by section 718.403(1), the declaration of condominium recorded in June 1983 stated that the . . . Bank One argues that under section 718.403 a mortgage lien on property which becomes a part of the common . . . Section 718.403(1), Florida Statutes (1983), provides: A developer may develop a condominium in phases . . .
. . . holding that the true doubt rule is inconsistent with the Department’s own regulations under the BLBA, §718.403 . . . address the Court of Appeals’ holding in Greenwich Collieries that the true doubt rule conflicts with § 718.403 . . . cases, but it held instead that the use of the true doubt rule in BLBA cases conflicts with 20 CFR §718.403 . . .
. . . . § 718.403; Director, OWCP v. Mangifest, 826 F.2d 1318, 1320 (3d Cir.1987)). . . . Consolidation argues that the use of the true doubt rule is violative of the APA and 20 C.F.R. § 718.403 . . . Section 718.403 does that. . . . However, Section 718.403 .also assigns the burden of persuasion to the claimant. . . . While Section 718.403 places the burden of proving pneumoconiosis by the preponderance of the evidence . . .
. . . . § 718.403 (1992). . . . It is therefore of moment that section 718.403 does not contain the phrase “burden of proof.” . . . . § 718.403 (1992) (emphasis supplied). . . .
. . . declaration of condominium was recorded in June of 1983 and complied with the provisions of Section 718.403 . . . In compliance with Section 718.403(1), Florida Statutes (1983), requiring the declaration to describe . . . Section 718.104(3), Florida Statutes (1983), made applicable to phase condominiums by section 718.403 . . . subsequent phases, then surely notice of that is required in the impact statement required in Section 718.403 . . .
. . . . § 718.403. . . .
. . . . § 718.403; Mangifest, 826 F.2d at 1320; see also 20 C.F.R. §§ 718.203(b), 718.302-.306 (presumptions . . .
. . . . § 718.403, the claimant bears the burden of proving that his total disability is due to pneumoconiosis . . .
. . . This violates Section 718.403(1), Florida Statutes (1981), which states: A developer may develop a condominium . . .
. . . condominium units in phases I and II of a IV phase condominium project, being developed pursuant to Section 718.403 . . . Section 718.403(1) Florida Statutes (1979). . . . . Misty Lake South Condominium (Misty Lake) is a phase condominium project developed according to section 718.403 . . .