The proposed amendment defines “advertisement” and “advertising” and provides guidance to community association managers regarding when to include their license number in an advertisement or when advertising services.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Regulatory Council of Community Association Managers

RULE NO.:RULE TITLE:

61E14-2.001Standards of Professional Conduct

PURPOSE AND EFFECT: The proposed amendment defines “advertisement” and “advertising” and provides guidance to community association managers regarding when to include their license number in an advertisement or when advertising services.

SUMMARY: The proposed amendment pertains to community association managers who advertise their services.

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: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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(2) FS.

LAW IMPLEMENTED: 468.431(2), 468.4315(2), 468.4334, 468.436 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: Krista B. Woodard, Executive Director, Regulatory Council of Community Association Managers’ Board, 2601 Blair Stone Road, Tallahassee, Florida 32399-0771.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61E14-2.001 Standards of Professional Conduct.

Licensees shall adhere to the following provisions, standards of professional conduct, and such provisions and standards shall be deemed automatically incorporated, as duties of all licensees, into any written or oral agreement for the rendition of community association management services.

(1) Definitions. As used in this rule, the following definitions apply:

(a) through (c) No change.

(d) “Advertisement” and “Advertising” in this rule shall mean any statements, oral, written, or by electronic means dissemintated to or before the public or any portion thereof, with the intent of furthering the purpose, either directly or indirectly, of selling professional services, or offering to perform professional services, or inducing members of the public to enter into any obligation relating to such professional services.  The terms advertisement and advertising shall include the name under which professional services are performed, and include business stationary but not promotional novelties such as balloons, pencils, trinkets, or articles of clothing.

(2) Professional Standards. During the performance of community association management services, a licensee shall do the following:

(a) through (e) No change.

(f) The license number of a licensee shall be stated in each offer of services, business proposal, advertisement, or advertising, regardless of medium, used by the licensee.

(3) No change.

Rulemaking Authority 468.4315(2) FS. Law Implemented 468.431(2), 468.4315(2), 468.4334, 468.436 FS. History–New 5-5-88, Amended 2-5-91, Formerly 7D-55.007, 61B-55.007, Amended 1-8-98, 5-31-99, Formerly 61-20.503, Amended 4-21-10, 2-4-15, 12-6-15,                             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Regulatory Council of Community Association Managers’ Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Regulatory Council of Community Association Managers’ Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 15, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 15, 2020