The Division proposes this rule amendment to clarify the process of filing, reviewing, and approving educational curriculums for condominium training and educational programs.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Florida Condominiums, Timeshares and Mobile Homes

RULE NO.:RULE TITLE:

61B-19.001Filing Education and Training Programs.

PURPOSE AND EFFECT: The Division proposes this rule amendment to clarify the process of filing, reviewing, and approving educational curriculums for condominium training and educational programs.

SUMMARY: The amendment clarifies the procedures pertaining to the filing of educational curriculums for condominium training and educational programs.

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: the economic review conducted by the agency.

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: 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 SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Debbie Miller, Government Analyst I, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-1030, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

EDUCATIONAL AND TRAINING PROGRAMS COMPLAINTS

 

61B-19.001 Provider Filing and Curriculum for Educational Education and Training Programs.

(1) Anyone seeking to be considered as a division approved cCondominium eEducation pProvider shall (“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 the educational materials used in the condominium education program for consideration as part of the division’s list of approved programs and providers.  The following information shall be included regarding the education program:

(a) A price list for the program and a copy of all materials, including any information that will be provided to participants.

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

(c) Dates when programs will be offered.

(2) All materials must be submitted to the division via e-mail to [e-mail], by providing access to web-based training programs, or in either printed form electronic media in or 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) Programs shall cover at least four of the following topics in order to meet the requirements of an educational curriculum for a condominium education program as provided in Section 718.112(2)(d)4.b., F.S.:

(a) Budgets and reserves.

(b) Elections.

(c) Financial reporting.

(d) Condominium operations.

(e) Records maintenance, including unit owner access to records.

(f) Dispute resolution.

(g) Bids and contracts.

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

(5)(3) Within The division shall have 45 days from receipt of the materials, the division shall notify the provider of any to review and either cite deficiencies in the materials or that the materials have been approved 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 notice is not given the division does not approve the materials or issues a notice of deficiency within 45 days from receipt of the date such materials, were received by the division then the materials are deemed approved.

(6)(4) The provider shall have 45 days from the date of the division’s notification of deficiencies to correct such deficiencies receipt to respond to a notice of deficiency. If the deficiencies are not corrected within the 45-day period provider fails to respond in the required timeframe, the division shall reject the filing request shall expire and be rejected.

(7)(5) Within The division shall have 20 days from receipt of the to review deficiency corrections to noted deficiencies, the division shall notify the provider of any deficiencies or that the materials have been approved submitted by providers. If the notice is division has not given approved the materials or issued a notice of deficiency within 20 days from receipt of the date such corrections, or responses were received by the division then the materials are deemed approved.

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

(9)(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.myfloridalicense.com/dbpr/lsc/condominiums/CondoEducation.html http://www.myflorida.com/dbpr/lsc/index.html.

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

(11) The provider will issue a certificate of completion to a board member who has successfully completed the approved educational curriculum.

Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.501(1)(j) FS. History–New 12-10-09, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ronnie Whitaker, 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: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 7, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 3, 2014