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Florida Administrative Code (Last Updated: July 17, 2024) |
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61. Department of Business and Professional Regulation |
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61B. Division of Florida Condominiums, Timeshares and Mobile Homes |
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61B-41. Timeshare Penalties |
1For the purposes of this chapter, the following definitions shall apply:
12(1) “Bad check” means any worthless check, draft, or order of payment identified under Section 2768.065, F.S.
29(2) “Corrective activities” means putting remedial procedures in place to ensure that the violation does not recur; making any injured person whole as to the harm suffered in relation to the violation; or taking any other appropriate measures to redress the harm caused.
72(3) “Financial hardship” means that the size of the penalty has a disproportionately adverse impact on the regulated party, purchaser or timeshare plan in relation to the purpose for the discipline being imposed under this rule chapter. Having to special assess to pay the penalty does not constitute financial hardship.
122(4) “Prior” or “prior violation” means, within the context of a violation of Chapter 721, F.S., any violation of Chapters 718, 719, and 721, or part VIII of Chapter 468, F.S., and the administrative rules promulgated pursuant to those statutes, that has been cited by the Division and resulted in final agency action being taken against a regulated party. This definition applies regardless of the chronological relationship of the violations and regardless of whether the violations are of the same or different subsections of these statutes.
208(5) “Regulated party” carries the same meaning as defined in Section 219721.26(5)(a), F.S., 221which includes timeshare solicitors licensed under Section 228721.20, F.S.
230(6) “Small business” means any regulated party that also meets the definition of a small business as defined in Section 250288.703, F.S.
252Rulemaking Authority 254721.26(6) FS. 256Law Implemented 258721.26(5)(e) FS. 260History–New 2-4-98.
