The proposed rule amendment is designed to increase the qualifications of licensees by increasing the number of in-person classroom hours a person must complete prior to taking the licensure examination.

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

RULE NO: RULE TITLE
61E14-1.001: Prelicensure Education Requirements
PURPOSE AND EFFECT: The proposed rule amendment is designed to increase the qualifications of licensees by increasing the number of in-person classroom hours a person must complete prior to taking the licensure examination.
SUMMARY: The proposed rules change the number of in-person classroom hours a person must complete prior to taking the licensure examination from 18 to 24 hours.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost has been prepared and is available by contacting Anthony Spivey, Executive Director, at the address listed below. The following is a summary of the SERC:
• Approximately 3,180 individuals per year will be affected by the rule. All applicants who are applying for the Community Association Managers (CAM) license will be affected.
• The only costs to be incurred by the agency are rulemaking costs. No effect on state or local revenue is expected.
• Minimal transactional costs, which stem from the additional education classes to qualify for the CAM license will be incured.
• There will be no small county or city affected by this rule.
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.
SPECIFIC AUTHORITY: 468.4315(2), 468.433(2)(d) FS.
LAW IMPLEMENTED: 468.433(2)(d) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony Spivey, Executive Director, Regulatory Council of Community Managers, 1940 North Monroe Street, Tallahassee, Florida 32399-0762

THE FULL TEXT OF THE PROPOSED RULE IS:

61E14-1.001 Prelicensure Education Requirements.

(1) All community association manager applicants must satisfactorily complete a minimum of 24 18 in-person classroom hours of instruction of 50 minutes each within 12 months prior to the date of examination. No applicant shall be allowed to take the licensure examination unless the applicant provides documentation of completion of the requisite prelicensure education. Each contact hour shall consist of at least 50 minutes of classroom instruction.

(2) The 24 18 hours of prelicensure education shall be comprised of courses, including but not limited to in the following areas:

(a) State and federal laws relating to the operation of all types of community associations, governing documents, administrative code and state laws relating to corporations and nonprofit corporations – 20% and including:

1. Business Ethics;

2. Business Law;

3. Contract Law.

(b) Procedure for noticing and conducting community association meetings – 20% and including 25%:

1. Preparing First and Second Notice of Date of Election;

2. Preparing the Ballot;

3. Preparing Written Notice of Annual Meeting;

4. Preparing Annual Meeting Agenda;

5. Preparing Affidavit of Mailing;

6. Preparing Notice of Board Meeting and Board meeting Agenda;

7. Determining the timing, method, and form of giving notices of meetings;

8. Determining the votes necessary to take certain actions; and

9. Florida Statutes and Administrative Codes governing community associations.

(c) Preparation of Community Association Budgets and Community Association Finances – 20% and including 25%:

1. Budget Requirements;

2. Calculating Reserves;

3. Cash Management; and

4. Cash Protection.

(d) Insurance matters relating to Community Associations – 10% 12%; and including;

1. Statutory Requirements;

2. Identifying Risks; and

3. Establishing Replacement Costs.

(e) Management and maintenance – 20% and including 18%;

1. Office Management;

2. Disaster Planning;

3. Maintenance;

4. Communication;

5. Security;

6. Fire Safety;

7. Use Restriction Enforcement; and

8. Alternative Dispute Resolution.

(f) Management Firms’ and Managers’ responsibilities – 10%.

(3) Applicants who can document to the Council that they suffer from a disability or hardship shall be permitted to complete prelicensure education by either correspondence or on-line courses. Such documentation must be received and approved by the Council prior to enrolling and completing any correspondence or on-line prelicensure courses.

(a) The following shall constitute acceptable “hardships” as used in this rule:

1. The applicant’s residence is more than 70 miles from the nearest physical location where prelicensure education is taught.

2. Providers are not offering any in-person prelicensure education courses within the twelve months preceding the next available examination.

(b) “Disability” as used in this rule shall mean a physical or mental impairment that substantially limits one or more of the major life activities of the applicant which would preclude the applicant from attending in-person prelicensure courses.

(4) Inclusion of a prelicensure course shall not preclude its inclusion in the continuing education curriculum.

Rulemaking Specific Authority 468.4315(2), 468.433(2)(d) FS. Law Implemented 468.433(2)(d) FS. History–New 1-3-01, Amended________.

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: June 5, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 22, 2009