The Council proposes the rule amendment to delete unnecessary language and add language to clarify the reactivation and renewal of an inactive license.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NO: RULE TITLE
61-20.002: Expiration and Renewal of Manager's License
PURPOSE AND EFFECT: The Council proposes the rule amendment to delete unnecessary language and add language to clarify the reactivation and renewal of an inactive license.
SUMMARY: The rule amendment will delete unnecessary language and add language to clarify the reactivation and renewal of an inactive license.
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: 455.271, 468.433, FS.
LAW IMPLEMENTED: 455.271, 468.433, 468.435, 468.436, FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony Spivey, Executive Director, Regulatory Council for Community Association Managers, 1940 North Monroe Street, Tallahassee, Florida 32399-0762

THE FULL TEXT OF THE PROPOSED RULE IS:

61-20.002 Inactive Status Expiration and Renewal of Manager’s License.

(1) For purposes of license renewal, the licensee shall notify the division in writing of any change of address.

(2) All active and non-active licenses shall be valid, unless suspended or revoked, for a term as provided below:

(a) All licenses issued after June 30, 1992 through June 30, 1994 will expire September 30, 1994. All licenses issued after June 30, 1994 through June 30, 1996 will expire September 30, 1996.

(b) All licenses issued after June 30, 1996 through June 30, 1998 will expire September 30, 1998.

(3) Active License Renewal. Licensees shall apply for renewal of their license on a BPR form 33-003, COMMUNITY ASSOCIATION MANAGER’S LICENSE RENEWAL NOTICE, incorporated herein by reference and effective 7-12-94. Applications shall be postmarked by September 30 of each renewal year. The application shall include a non-refundable renewal fee in the amount of $50. Applications for renewal postmarked after September 30 and no later than October 31 shall include both the renewal fee and a non-refundable late renewal fee of $25. If a renewal application is postmarked after October 31 of the renewal year, the license shall be deemed expired. In order to be complete, the application shall have all appropriate spaces completed, be signed by the licensee and include a money order or sufficiently funded check in the correct amount.

(a) No active license shall be renewed unless the applicant has, between the date of issuance of the license and by September 30 of the renewal year, completed continuing education contact hour courses approved by the division pursuant to the following schedule:

1. If the applicant is issued a license during the period October 1, 1988 through March 31, 1993, 16 hours of continuing education courses are required. The continuing education courses must include 4 hours of approved update seminars as provided in Rule 61-20.508, F.A.C.

2. If the applicant is issued a license during the period April 1, 1993 through September 30, 1993, 12 hours of continuing education courses are required. The continuing education courses must include 4 hours of approved update seminars as provided in Rule 61-20.508, F.A.C.

3. If the applicant is issued a license during the period October 1, 1993 through March 31, 1994, 8 hours of continuing education courses are required. The continuing education courses must include 2 hours of approved update seminars as provided in Rule 61-20.508, F.A.C.

4. If the applicant is issued a license during the period April 1, 1994 through June 30, 1994, 4 hours of continuing education courses are required. The continuing education courses must include 2 hours of approved update seminars as provided in Rule 61-20.508, F.A.C.

5. If the applicant is issued a license during the period July 1, 1994 through March 31, 1995, 16 hours of continuing education courses are required. The continuing education courses must include 4 hours of approved update seminars as provided in Rule 61-20.508, F.A.C.

6. If the applicant is issued a license during the period April 1, 1995 through September 30, 1995, 12 hours of continuing education courses are required. The continuing education courses must include a 4 hours of approved update seminars as provided in Rule 61-20.508, F.A.C.

7. If the applicant is issued a license during the period October 1, 1995 through March 31, 1996, 8 hours of continuing education courses are required. The continuing education courses must include 2 hours of approved update seminars as provided in Rule 61-20.508, F.A.C.

8. If the applicant is issued a license during the period April 1, 1996 through June 30, 1996, 4 hours of continuing education courses are required. The continuing education courses must include 2 hours of approved update seminars as provided in Rule 61-20.508, F.A.C.

(b) Any community association manager’s license which is lost or destroyed will be replaced at no charge to the licensee if a statement attesting to the loss or destruction is submitted to the division.

(c) Any community association manager licensee, who changes his or her legal name, shall submit a copy of the court judgment or decree authorizing the name change to the Division. The Division shall reissue a license at no charge to the licensee.

(1)(4) Changing an Active License to an Inactive Non-active License and Renewal of an Inactive License. A licensee desiring to maintain a valid license but who will not be providing community association management services for a period of time, may change apply to have the status of his/her license changed to inactive status, as provided in Department of Business and Professional Regulation Rule 61-6.003, F.A.C non-active.

(a) In order to place an active license in a non-active status the licensee shall complete BPR form CAM-43.05, Community Association Change of Status Application, effective 10/23/2002, available on the DBPR Web site or by written request addressed to the Council at 1940 N. Monroe Street, Tallahassee, Florida 32399 33-002, COMMUNITY ASSOCIATION MANAGER STATUS CHANGE FORM, incorporated herein by reference and effective 11-23-93. A non-refundable non-active license fee of $15 $10 shall accompany the application as set forth in Rule 61-20.504, F.A.C., unless the status change request is made at the end of a renewal period. and the licensee shall surrender his active license by mailing it to the division along with the application form.

(b) All inactive non-active licenses shall expire at the end of the renewal period (on September 30 of the next even numbered year) in accordance with the schedule set forth in paragraphs (2)(a)-(c) of this rule. Inactive Non-active licensees shall be notified by the Department of Business and Professional Regulation pursuant to Section 455.273, Florida Statutes and instructed how to proceed apply for renewal of their licenses on a BPR form 33-003, Community Association Manager’s License Renewal Notice. Renewals Applications shall be completed on or before postmarked by September 30 of each renewal year. Completion of a renewal requires payment of the The application shall include a non-refundable renewal fees in the amount of $15 10. The first failure to renew on or before September 30 of a renewal year shall result in a delinquent status license pursuant to Department of Business and Professional Regulation Rule 61-6.002, F.A.C. If a renewal application is postmarked after October 31 of the renewal year, the license shall be deemed expired. Failure to renew a delinquent status license results in a null license pursuant to Department of Business and Professional Regulation subsection 61-6.004(1), F.A.C.

(2)(5) Changing an Inactive License to an Active License. Reactivation of a Non-active License.

(a) If the license has been in an inactive non-active status for a period of 2 years or less, and the licensee seeks to reactivate the license, then the licensee shall complete an approved 2 hour update seminar as provided in paragraph 61-20.508(3)(a), F.A.C., within 1 year prior to the date of application for reactivation.

(b) If the license has been in an inactive non-active status for a period of more than 2 years and the licensee seeks to reactivate the license, the licensee shall complete 4 hours of an approved update seminar as provided in paragraph 61-20.508(3)(a), F.A.C., within 1 year prior to the date of application for reactivation.

(c) In order to reactivate from a non-active status, the licensee shall complete BPR form CAM-4305, Community Association Manager Change of Status Application, effective 10/23/2002, available on the DBPR Web site, or by written request from the Council at 1940 N. Monroe Street, Tallahassee, FL 32399 33-002, Community Association Manager Status Change Form as referenced in subsection (4) of this rule. The reactivated license shall expire in accordance with the schedule set forth in accordance with the schedule set forth in Rule 61-6.001, F.A.C., and be renewed at the end of the current renewal period, along with all other licenses paragraphs (2)(a)-(c) of this rule. Renewal of a reactivated license shall be in accordance with subsection (3) of this rule. For the purpose of license renewal, the date of issuance of a reactivated license is the date the division reactivates the license. A reactivated license is not considered an initial license for purpose of subsection 61-20.508(6), F.A.C. A reactivated license holder may apply update seminar credits accepted by the division for reactivation of an inactive non-active license under paragraphs (5)(a) and (b) of this rule toward the continuing education update seminar requirements for active license renewal provided in paragraph 61-20.508(3)(a), F.A.C. of this rule if the renewal period is within two years or less of the reactivation.

(3)(6) Renewal of a Delinquent license whether Expiration of Active License or Inactive Non-active License. shall require submission Renewal applications submitted to the Council on or before division in proper form and postmarked after September 30 and no later than October 31 shall to be processed for renewal. If September 30 October 31 falls on a Saturday, Sunday, or legal holiday, the time period is deemed extended to the next working day. Proper form shall mean the renewal is complete, application has been completed, all applicable fees are paid and all applicable continuing education contact hours have been completed prior to submission. If a renewal application is submitted postmarked after September 30 October 31 of the renewal year, the license becomes null shall be deemed expired. The holder of a null license desiring to perform community association management services shall be required to make an initial application to the division and proceed as provided in Rules 61-20.001 and 61-20.502, F.A.C.

Specific Authority 455.271, 468.433 FS. Law Implemented 455.271, 468.433, 468.435, 468.436 FS. History–New 5-5-88, Amended 3-22-89, 2-5-91, 12-28-92, Formerly 7D-55.006, Amended 11-23-93, 7-12-94, 10-9-94, 1-29-96, Formerly 61B-55.006, Amended                                 ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Regulatory Council for Community Association Managers
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Regulatory Council for Community Association Managers
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 2, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 8, 2006