This rule amendment is for the purpose of establishing the standards for reimbursement of the actual, verified expenses incurred in connection with the division’s onsite reviews or investigations of unit owner controlled condominium associations.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Florida Condominiums, Timeshares and Mobile Homes

RULE NO.:RULE TITLE:

61B-21.003Enforcement Resolution and Civil Penalties

PURPOSE AND EFFECT: This rule amendment is for the purpose of establishing the standards for reimbursement of the actual, verified expenses incurred in connection with the division’s onsite reviews or investigations of unit owner controlled condominium associations.

SUMMARY: The reimbursement of division costs related to onsite reviews and investigations.

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: 718.501(1)(d)4., (f), 718.50153 FS.

LAW IMPLEMENTED: 718.501(1)(d), 718.50153 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: Sharon A. Malloy, Senior Management Analyst II, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-1030

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61B-21.003 Enforcement Resolution, Costs and Civil Penalties.

(1) through (5) No change.

(6) In addition to the penalties established in this rule chapter, the division reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law.

(a) Cost of Onsite Reviews and Investigations. Expenses charged pursuant to this subsection are computed in the manner prescribed by Section 112.061, Florida Statutes. When the amount paid by an applicant, registrant, or other person for an onsite review or investigation is in excess of the actual cost, the division shall refund the excess amount within 7 days of discovering the excess payment.

(b) Additionally, the division reserves the right to seek to recover any costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages imposed by law if an association submits a bad check to the division.

(7) No change.

Rulemaking Specific Authority 718.501(1)(d)4., (f), 718.50153 FS. Law Implemented 718.501(1)(d), 718.50153 FS. History–New 6-4-98, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sharon A. Malloy, Senior Management Analyst II, 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: May 14, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 2, 2013