This rule amendment specifically permits the Office of the Ombudsman to issue an interim report prior to the actual election event recommending that an election be cancelled where the pre-election procedure was fatally flawed. The rule amendment ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Florida Land Sales, Condominiums and Mobile Homes

RULE NO.: RULE TITLE:

61B-23.00215 Ombudsman; Election Monitoring; Monitor’s Role; Scope and Extent

PURPOSE AND EFFECT: This rule amendment specifically permits the Office of the Ombudsman to issue an interim report prior to the actual election event recommending that an election be cancelled where the pre-election procedure was fatally flawed. The rule amendment will provide flexibility and will save associations the time and expense of waiting until the election has occurred to address fatal flaws in the process. The rule amendment also highlights the advisory role of the Office of the Ombudsman and clarifies that the Ombudsman properly observes the election, but does not affirmatively direct the operation of the election. This change is consistent with the recently issued opinion of the Attorney General (AGO 2005-53, Sept. 22, 2005) wherein it is concluded that the authority of the Office of the Ombudsman is primarily advisory in nature.
SUBJECT AREA TO BE ADDRESSED: This rule amendment addresses the Office of the Ombudsman’s role in the election monitoring process.

SPECIFIC AUTHORITY: 718.5012(9) FS.

LAW IMPLEMENTED: 718.1255 FS., 718.5012(9) FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: January 23, 2006, 10:00 a.m.

PLACE: Suite 16, Conference Room, Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/hearing/meeting is asked to advise the agency at least 48 hours before the workshop by contacting Sharon A. Malloy, Senior Management Analyst II, at [phone].  If you are hearing or speech impaired, please contact the agency by calling 1(800)955-8771.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Sharon A. Malloy, Senior Management Analyst II, Division of Florida Land Sales, Condominiums and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-1030. A copy of the preliminary text of the proposed rule amendment is available online at http://www.state.fl.us/dbpr/lsc/index.shtml.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.