The Division proposes this rule amendment to address the process of filing, reviewing, and approving educational curriculums for mobile home training and educational programs.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Florida Condominiums, Timeshares and Mobile Homes

RULE NO.:RULE TITLE:

61B-30.008Provider Filing and Curriculum for Educational and Training Programs

PURPOSE AND EFFECT: The Division proposes this rule to address the process of filing, reviewing, and approving educational curriculums for mobile home training and educational programs.

SUMMARY: The amendment addresses mobile home 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: 723.006(7), FS.

LAW IMPLEMENTED: 723.006(12), (13), (14), 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: Boyd McAdams, Deputy Director, 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-30.008 Provider Filing and Curriculum for Educational and Training Programs.

(1) Anyone seeking to be a division approved mobile home education provider shall file with the division the educational materials required by Section 723.006(14)(a), F.S.

(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, Education Section

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 mobile home education program as provided in Section 723.006(14), F.S.:

(a) Homeowners’ Association statutory rights and regulatory responsibilities to the association and the mobile home owners.

(b) Elections.

(c) Financial reporting.

(d) Association operations.

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

(f) Dispute resolution.

(g) Homeowners’ Association Formation.

(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 the 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 723.006(7) FS. Law Implemented 723.006(12), (13), (14) FS. History–New        .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kevin Stanfield, 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 20, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 16, 2015