To add language clarifying the professional responsibility to respond to receipt of regulatory letters.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Regulatory Council of Community Association Managers

RULE NO.:RULE TITLE:

61E14-2.001Standards of Professional Conduct.

PURPOSE AND EFFECT:  To add language clarifying the professional responsibility to respond to receipt of regulatory letters.

SUMMARY:  Add language clarifying the professional responsibility to respond to receipt of a regulatory letter.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST AND LEGISLATIVE RATIFICATION: The agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule.  A SERC has not been prepared by the agency.  The agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:  The rule amendment clarifies an existing professional standard of conduct.  The Council determined that clarification of this standard will not have an adverse impact on small businesses nor increase regulatory costs to any entity in excess of $200,000 within one year.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY:  468.4315(2) FS.

LAW IMPLEMENTED:  468.431(2) 468.4315(2), 468.4334, 468.436 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:  Robyn Barineau, Executive Director, Regulatory Council of Community Association Managers, 1940 N. Monroe Street, Tallahassee, Florida 32399-0783; 850-717-1980.

THE TEXT OF THE PROPOSED RULE IS:

61E14-2.001 Standards of Professional Conduct.

Introductory paragraph through (2)(d) No change.

(e) Respond to, or refer to the appropriate responsible party, a Notice of Violation or any such similar notification from an agency seeking to impose a regulatory penalty upon the association within the time frame specified in the notification.

(3) through (3)(d) No change.

Rulemaking Authority 468.4315(2) FS. Law Implemented 468.431(2) 468.4315(2), 468.4334, 468.436 FS. History–New 5-5-88, Amended 2-5-91, Formerly 7D-55.007, 61B-55.007, Amended 1-8-98, 5-31-99, Formerly 61-20.503, Amended 4-21-10, 2-4-15,            .

NAME OF PERSON ORIGINATING PROPOSED RULE:  Regulatory Council of Community Association Managers

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE:  Regulatory Council of Community Association Managers

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:  August 21, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR:  October 2, 2015