Chapter 2015-90, Laws of Florida, amended Section 723.078(2)(c), F.S., to provide allow members of mobile home homeowners’ associations to tape record or videotape meetings of the board of directors and its committees. Rule 61B-33.004 is being ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Florida Condominiums, Timeshares and Mobile Homes

RULE NO.:RULE TITLE:

61B-33.004Operation of the Association

PURPOSE AND EFFECT: Chapter 2015-90, Laws of Florida, amended Section 723.078(2)(c), F.S., to provide allow members of mobile home homeowners’ associations to tape record or videotape meetings of the board of directors and its committees. Rule 61B-33.004, F.A.C. is being created to establish rules governing the tape recording and videotaping of such meetings.

SUMMARY: The recording of mobile homeowners’ association meetings and its committees.

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: 723.078(2)(c)4. FS.

LAW IMPLEMENTED: 723.078(2)(c)4. 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: Rikki Anderson, 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:

 

61B-33.004 Operation of the Homeowners’ Association.

(1) Excluding meetings between the board of directors or its appointed homeowners’ committee and the park owner, any member of the homeowners’ association may tape record or videotape meetings of the board of directors of the homeowners’ association and its committees, subject to the following:

(a) Mobile home owners are authorized to utilize at any such meeting audio and video equipment and devices which do not produce distracting sound or light emissions.

(b) If adopted in advance by the board or mobile home owners as a written rule, advance notice must be given to the board by any mobile home owner desiring to utilize any audio or video recording equipment at a meeting.

(c) If adopted in advance by the board or mobile home owners as a written rule, audio and video equipment must be assembled and placed in position in advance of the commencement of the meeting.

(d) If adopted in advance by the board or mobile home owners as a written rule, anyone using audio or video recording equipment at a meeting is not permitted to move about the meeting room in order to facilitate the recording.

Rulemaking Authority 723.078(2)(c)4. FS. Law Implemented 723.078(2)(c)4. FS. History–New          .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kevin Stanfield, 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: March 8, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2015