Section 719.106(1)(c), Florida Statutes, requires the Division to adopt reasonable rules to govern a member’s tape recording and videotaping of a cooperative association’s board of administration meetings. This proposed rule would provide that unit ...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Florida Land Sales, Condominiums and Mobile Homes

RULE NO: RULE TITLE
61B-75.004: Audio or Video Recording of Cooperative Meetings
PURPOSE AND EFFECT: Section 719.106(1)(c), Florida Statutes, requires the Division to adopt reasonable rules to govern a member’s tape recording and videotaping of a cooperative association’s board of administration meetings. This proposed rule would provide that unit owners are entitled to tape record or videotape board, committee or unit owner meetings, but only through the use of electronic audio or video equipment or devices that do not produce distracting light or sound. The rule also provides that the board or unit owners may adopt written rules requiring set up of such audio or video recording equipment before the beginning of the meeting; restricting the person recording the meeting from moving around the meeting room to facilitate such recording; and obliging that advance notice to the board or unit owners be given of one’s intent to record the meeting.
SUMMARY: To provide reasonable rules governing audio or video recording of a cooperative’s administrative meetings.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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: 719.106(1)(c) FS.
LAW IMPLEMENTED: 719.106(1)(c) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: May 15, 2006, 10:00 a.m.
PLACE: Suite 16 Conference Room, The Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida.
THOSE PERSONS WHO CANNOT ATTEND IN PERSON MAY SUBMIT THEIR COMMENTS IN WRITING TO: Sharon A. Malloy, Senior Management Analyst II, Division of Florida Land Sales, Condominiums and Mobile Homes, 940 North Monroe Street, Tallahassee, Florida 32399-1030, Within 21 days of this notice. Written comments received after the hearing may not be considered.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Sharon A. Malloy, Senior Management Analyst II at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sharon A. Malloy, Senior Management Analyst II, Division of Florida Land Sales, Condominiums and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32311-1030, [phone].

THE FULL TEXT OF THE PROPOSED RULE IS:

61B-75.004 Audio or Video Recording of Meetings.

Any unit owner is entitled to tape record or videotape meetings of the board of administration, committee meetings, or unit owner meetings, subject to the following restrictions:

(1) The only audio and video equipment and devices which unit owners are authorized to utilize at any such meeting is equipment which does not produce distracting sound or light emissions.

(2) If adopted in advance by the board or unit owners as a written rule, audio and video equipment shall be assembled and placed in position in advance of the commencement of the meeting.

(3) If adopted in advance by the board or unit owners as a written rule, anyone videotaping or recording a meeting shall not be permitted to move about the meeting room in order to facilitate the recording.

(4) If adopted in advance by the board or unit owners as a written rule, advance notice shall be given to the board by any unit owner desiring to utilize any audio or video equipment.

Specific Authority 719.106(1)(c) FS. Law Implemented 719.106(1)(c) FS. History-New _____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rudolph Prinz, Chief of Standards and Registration, Division of Florida Land Sales, Condominiums and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-1030.
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Simone Marstiller, Secretary, Department of Business and Professional Regulation.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 4/5/2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 3, 2006.