Chapter 2013-188, Laws of Florida, created a new subsection 719.106(1)(d)1.b., Florida Statutes, which requires newly elected or appointed cooperative directors to complete the educational curriculum administered by an education provider approved by ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Florida Condominiums, Timeshares and Mobile Homes

RULE NO.:RULE TITLE:

61B-75.0051Provider Filing and Curriculum for Educational Training Programs

PURPOSE AND EFFECT: Chapter 2013-188, Laws of Florida, created a new subsection 719.106(1)(d)1.b., Florida Statutes, which requires newly elected or appointed cooperative directors to complete the educational curriculum administered by an education provider approved by the division or certify in writing that he or she has read the cooperative governing documents. This rule amendment is for the purpose of implementing the new law and establishing the process for filing, reviewing, and approving the educational curriculum for cooperative training and educational programs.

SUMMARY: This rule amendment is for establishing the process for filing, reviewing, and approving the educational curriculum for cooperative training and educational programs.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS 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 economic review conducted by the agency.

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: 719.501(1)(f) FS.

LAW IMPLEMENTED: 719.106(1)(d)1.b., 718.501(1)(j) 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: Debbie Miller, Government Analyst I, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-1030, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61B-75.0051 Provider Filing and Curriculum for Educational and Training Programs.

(1) Anyone seeking to be a division approved cooperative education provider shall file with the division the educational materials used in the cooperative education program. The following information shall be included regarding the education program:

(a) A price list for the program and a copy of all materials, including any information that will be provided to participants.

(b) The physical locations where programs will be available, if not web-based.

(c) Dates when programs will be offered.

(2) All materials must be submitted to the division via e-mail to [e-mail], by providing access to web-based training programs, or in either printed form or CD ROM format to the following address:

Division of Florida Condominiums, Timeshares, and Mobile Homes

Bureau of Compliance

1940 North Monroe Street

Tallahassee, FL 32399-1030

(3) Programs shall cover at least four of the following topics in order to meet the requirements of an educational curriculum for a cooperative education program as provided in Section 719.106(1)(d)1.b., F.S.:

(a) Budgets and reserves.

(b) Elections.

(c) Financial reporting.

(d) Condominium operations.

(e) Records maintenance, including unit owner access to records.

(f) Dispute resolution.

(g) Bids and contracts.

(4) Programs and materials shall not contain editorial comments.

(5) Within 45 days from receipt of the materials, the division shall notify the provider of any deficiencies or that the materials have been approved. If the notice is not given within 45 days from receipt of the materials, the materials are deemed approved.

(6) The provider shall have 45 days from the date of the division’s notification of deficiencies to correct such deficiencies. If the deficiencies are not corrected within the 45-day period, the division shall reject the filing.

(7) Within 20 days from receipt of the corrections to noted deficiencies, the division shall notify the provider of any deficiencies or that the materials have been approved.  If the notice is not given within 20 days from receipt of the corrections, the materials are deemed approved.

(8) Approved materials may be provided to participants via web-based training programs, seminars, or printed media.

(9) The division will maintain a list of approved programs and providers on the Department of Business and Professional Regulation’s website at http://www.myfloridalicense.com/dbpr/lsc/condominiums/CondoEducation.html.

(10) The division reserves the right to require changes to approved education and training programs.

(11) The provider will issue a certificate of completion to a board member who has successfully completed the approved educational curriculum.

Rulemaking Authority 719.501(1)(f) FS. Law Implemented 719.106(1)(d)1.b., 718.501(1)(j) FS. History–New_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ronnie Whitaker, Director, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-1030

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 7, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 3, 2014