These rules are created to implement a change in the condominium law requiring the division to review and approve condominium education and training programs.

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

RULE NO: RULE TITLE
61B-19.001: Filing education and training programs.
61B-19.002: Required information.
PURPOSE AND EFFECT: These rules are created to implement a change in the condominium law requiring the division to review and approve condominium education and training programs.
SUMMARY: These rules provide parameters for reviewing education and training programs filed by education providers.
SUMMARY OF STATEMENT 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: 718.501(1)(f) FS.
LAW IMPLEMENTED: 718.501(1)(j) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 21, 2009, 10:30 a.m.
PLACE: The Northwood Centre, Suite 16, Conference Room, 1940 N. Monroe Street, Tallahassee, Florida
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 Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32311-1030, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

Education Programs COMPLAINTS

61B-19.001 Filing Education and Training Programs.

(1) Anyone seeking to be considered as a Condominium Education Provider (“provider”) and have their Condominium Education Program (“program”) listed on the department’s website may file the education materials (“materials”) that make up the program with the division for consideration as part of the division’s list of approved programs and providers.

(2) All materials must be submitted to the division via electronic media in CD ROM format to the following address:

Division of Florida Condominiums, Timeshares, and Mobile Homes

Bureau of Compliance

1940 North Monroe Street

Tallahassee, FL 32399-1030

(3) The division shall have 45 days from receipt of the materials to review and either cite deficiencies in the materials or approve the materials. If approved, the department will list the provider and program on the department’s website as part of the list of approved programs and providers. If the division does not approve the materials or issues a notice of deficiency within 45 days from the date such materials were received by the division then the materials are deemed approved.

(4) The provider shall have 45 days from receipt to respond to a notice of deficiency. If the provider fails to respond in the required timeframe, the request shall expire and be rejected.

(5) The division shall have 20 days to review deficiency corrections submitted by providers. If the division has not approved the materials or issued a notice of deficiency within 20 days from date such corrections or responses were received by the division then the materials are deemed approved.

(6) Approved materials may be provided via web-based training programs, seminars, or printed media.

(7) The division will maintain a list of all approved programs and providers on the Department of Business and Professional Regulation’s website at http://www.myflorida.com/dbpr/lsc/index.html.

Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.501(1)(j) FS. History–New________.

 

61B-19.002 Required Information.

(1) Providers shall include the following information regarding their education programs:

(a) A price list for the programs and a copy of all materials.

(b) The physical locations where programs will be available, if not web-based.

(c) Dates when programs will be offered.

(2) Programs shall communicate information about:

(a) Budgets;

(b) Reserves;

(c) Elections;

(d) Financial reporting;

(e) Condominium operations;

(f) Records maintenance, including unit owner access to records; or,

(g) Dispute resolution.

(3) Programs and materials shall not contain editorial comments.

(4) The division reserves the right to require changes to education and training programs.

Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.501(1)(j) FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Cochran, 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: Charles W. Drago, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 14, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 24, 2008