The proposed new rule establishes the definition and criteria for unexcused council member absences.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Regulatory Council of Community Association Managers

RULE NO.:RULE TITLE:

61E14-6.001Unexcused Absences

PURPOSE AND EFFECT: The proposed new rule establishes the definition and criteria for unexcused council member absences.

SUMMARY: This is a new rule setting forth the definition and criteria for unexcused council member absences.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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: 455.207(3) FS.

LAW IMPLEMENTED: 455.207(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, 2601 Blair Stone Road, Tallahassee, Florida 32399-0783, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61E14-6.001 Unexcused Absences.

(1) No council member may be absent from three (3) consecutive council meetings, or 50 percent or more of the council’s meetings within any 12-month period, unless those absences are excused by the council Chair. Reasons for granting excused absences shall be, but are not limited to, the following:

(a) Illness or injury of the council member;

(b) Illness, injury or death of a member of the council member’s family;

(c) Court order, subpoena, or business with a court which has the sole prerogative of setting the date of such business;

(d) Unavoidable travel delays or cancellations;

(e) Any conflict or extraordinary circumstance or event approved by the council Chair.

(2) An otherwise excused absence is not excused if the council member fails to notify the council office of the impending absence prior to the regularly scheduled meeting at which the absence will occur. If failure to notify the council office is the result of circumstances surrounding the reason for the absence, the absence may be excused by the council Chair after the absence has occurred.

(3) Unexcused absences as set forth in subsection (1) will be reported to the Department.

Rulemaking Authority 455.207(3) FS. Law Implemented 455.207(3) FS. History–New                             .

 

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: August 25, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 28, 2017