Progressive Community Management, Inc.; Petitioner sought clarification of Chapter 718.111(1)(a), Florida Statutes, and whether the Petitioner is prohibited from receiving commissions or other compensation from an insurance agency or insurer, either ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Regulatory Council of Community Association Managers

NOTICE IS HEREBY GIVEN that Regulatory Council for Community Association Managers has issued an order disposing of the petition for declaratory statement filed by Progressive Community Management, Inc. on January 22, 2014. The following is a summary of the agency’s disposition of the petition:

Petitioner sought clarification of Chapter 718.111(1)(a), Florida Statutes, and whether the Petitioner is prohibited from receiving commissions or other compensation from an insurance agency or insurer, either directly or through an affiliated entity, on insurance policies written by the insurance agency or insurer for the condominium associations for which Petitioner provides professional management services. The Notice of Petition for Declaratory Statement was published in Vol. 40, No. 19, of the January 29, 2014, Florida Administrative Register. The Department of Business and Professional Regulation Order, filed on June 3, 2014, declines to answer the Petition for Declaratory Statement. The Department determined it is well-established that an administrative agency is prohibited from using a declaratory statement “as a vehicle for the adoption of broad agency policy or to provide statutory or rule interpretations that apply to an entire class of person. The Department found it couldn’t answer Petitioner’s questions without issuing a statement of general applicability.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Robyn Barineau, Executive Director, Regulatory Council for Community Association Managers, 1940 North Monroe Street, Tallahassee, Florida 32399-2202, [phone] or at www.MyFloridaLicense.com > dbpr/pro/cams.

Please refer all comments to: Robyn Barineau, Executive Director, Regulatory Council for Community Association Managers, 1940 North Monroe Street, Tallahassee, Florida 32399-2202, [phone] or at www.MyFloridaLicense.com > dbpr/pro/cams.