To correct cross references to another rule and add an additional violation which can be resolved through a Notice of Non-Compliance.

Notice of Proposed Rule

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Regulatory Council of Community Association Managers

RULE NO.:RULE TITLE:

61E14-5.003Notice of Non-Compliance

PURPOSE AND EFFECT:  To correct cross references to another rule and add an additional violation which can be resolved through a Notice of Non-Compliance.

SUMMARY: Correct cross references to another rule and add an additional violation which can be resolved through a Notice of Non-Compliance.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST 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 amendments correct incorrect cross references to another rule and add an additional disciplinary violation which can be resolved through a Notice of Noncompliance avoiding the costs of a full disciplinary proceeding. Accordingly, there will be no adverse impact on small business, and the Council expects the rule amendments will reduce overall costs on all entities.

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:  468.4315, 455.225(3) FS.

LAW IMPLEMENTED:  120.695, 455.225(3) 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:  Robyn Barineau, Executive Director, Regulatory Council of Community Association Managers, 1940 N. Monroe Street, Tallahassee, Florida 32399-0783, [phone]

 

THE TEXT OF THE PROPOSED RULE IS:

 

61E14-5.003 Notice of Non-Compliance.

In accordance with Section 455.225(3), F.S., when a complaint is received, the Department agency may provide a licensee with a notice of non-compliance for an initial offense of a minor violation. Failure of a licensee to take action in correcting the violation within 15 days after notice may result in the institution of regular disciplinary proceedings. The Council hereby designates the following as “mMinor violations” as used in Section 455.225(3), F.S., for which a notice of non-compliance may be provided are defined as follows:

(1) Violations of paragraph 61E14-2.001(3)(6)(a), F.A.C.: Withholding possession of any original books, records, accounts, funds, or other property of a community association when requested by the community association to deliver the same to the association upon reasonable notice.

(2) Violations of paragraph 61E14-2.001(3)(6)(b), F.A.C.: Denying or delaying access to association official records to an owner or his or her authorized representative who is entitled to access within the timeframe and under the procedures set out in Sections 718.111(12), 719.104(2), or 720.303(5)(4) F.S. Failing to provide access to association records, for the purpose of inspecting or photocopying the same, to a person entitled to such by the law.

(3) Violations of paragraph 61E14-2.001(3)(d), F.A.C.: Failure to maintain the records for a community association manager or management firm or the official records of any applicable association, as required by Sections 718.111(12), 719.104(2), or 720.303(4), F.S.

Rulemaking Authority 468.4315, 455.225(3) FS. Law Implemented 120.695, 455.225(3) FS. History–New 9-9-13,            .

 

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:  May 15, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR:  June 29, 2015