Florida Administrative Code (Last Updated: March 13, 2024) |
61. Department of Business and Professional Regulation |
D61. Departmental |
61-20. Community Association Management |
1(1) Definitions. As used in this rule:
8(a) “Citation” means an instrument which meets the requirements set forth in Section 21455.224, F.S., 23and which is served upon a subject for the purpose of assessing a penalty in an amount established by this rule;
44(b) “Subject” means the licensee, applicant, person, partnership, corporation, or other entity alleged to have committed a violation designated in this rule.
66(2) Citations shall be issued for the first two occurences of the same violation only.
81(3) The Department shall issue a citation including a penalty for each applicable statutory or rule violation set forth below. 101The verbal identification of violations are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included127:
128Statutory or Rule Violation
132Description of Violation
135Citation Amount
137for First
139Violation.
140Citation Amount
142for Second
144Violation.
145(a) Section 147468.432(1), F.S.
149Holding one’s self out to the public as being able to manage a community association, or actively managing a community association 170with an inactive or delinquent license.
176$125
177$250
178(b) Section 180468.432(1), F.S.
182Holding one’s self out to the public as being able to manage a community association, or actively managing a community association 203with a void license or without being licensed to do so.
214$250
215$500
216(c) Section 218468.432(2), F.S.
220Operating a community association management firm or 227holding the community association management firm out to the public as being able to engage in the business of community association management 249with an inactive or delinquent license.
255$125
256$250
257(d) Section 259468.432(2), F.S.
261Unless otherwise permitted in Chapter 468, Part VIII, F.S., performing community association management services in a community association management firm which does not have a license or is working on a void license.
294$250
295$500
296(e) Section 298468.432, F.S.
300Employing a person as a community association manager with an inactive or delinquent license.
314$125
315$250
316(f) Paragraph 61E14-
3192.001(6)(b), F.A.C.
321Failing to provide access to association records, for the purpose of inspecting or photocopying the same, to a person entitled to such by the law.
346$200
347$500
348(g) Paragraph 61E14-
3512.001(6)(d), F.A.C.
353Failing to maintain his or a management firm’s records, or the records of any applicable community association, to the extent charged with the responsibility of maintaining records, in accordance with the laws and documents requiring or governing the records.
392$250
393$500
394(4) Once the citation becomes a final order, the citation and complaint become a public record pursuant to Chapter 119, F.S., unless otherwise exempt from the provisions of Chapter 119, F.S. The citation and complaint may be considered as aggravating circumstances in future disciplinary actions.
439Rulemaking Authority 441468.4315(3), 442455.224 FS. 444Law Implemented 446455.224 FS. 448History–New 9-3-13.