Notice of Development of Rulemaking

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Florida Condominiums, Timeshares and Mobile Homes
RULE NO: RULE TITLE
61B-21.001: Definitions and Purpose
61B-21.002: Educational Resolution
61B-21.003: Enforcement Resolution and Civil Penalties
PURPOSE AND EFFECT: The amendments are intended to make the condominium association resolution guidelines consistent with the 2008 revised legislation affecting the Division’s jurisdiction, and the experience gained in applying the rules since their adoption in 1998.
SUBJECT AREA TO BE ADDRESSED: The amendments clarify the definition of an accepted complaint; who has standing to file a complaint; and the change in jurisdiction over post-turnover associations. The rule amendments also provide a uniform system for applying aggravating and mitigating factors; re-word descriptions for clarity; increase some minor violations to major violations; add new statutory citations to the list of described violations; and remove some statutory citations from the list of described violations.
SPECIFIC AUTHORITY: 718.501(1)(d)6., (f) FS.
LAW IMPLEMENTED: 455.2273, 718.501(1)(a), (b), (d)6., (j) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: September 14, 2009, 10:00 a.m.
PLACE: The Northwood Centre, Suite 16, Conference Room, 1940 North Monroe Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Sharon A. Malloy, Senior Management Analyst II, at (850)488-1631. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Sharon A. Malloy, Senior Management Analyst II, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-1030. The preliminary draft rule is also available on line at http://www.myflorida.com/dbpr/lsc/LSCMHRulePromulgation.html

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.