Enforcement Resolution and Civil Penalties

Division of Professions

RULE NO.:RULE TITLE:

61B-21.003Enforcement Resolution, Costs and Civil Penalties

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rules in accordance with Section 120.54(3)(d)a., F.S., published in Vol. 39, No. 101, May 23, 2013, issue of the Florida Administrative Register.

 

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. The division will seek to collect from a developer, association, officer, director, bulk buyer, or bulk assignee the actual cost of an onsite review or investigation under Section 781.501(1)(d)8., F.S. as verified by the agency travel reimbursement approved under Section 112.061, F.S. 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 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_________.