5061, 61B-23.00215 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 5061

Notice of Development of Rulemaking

Department:

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division:

Division of Florida Condominiums, Timeshares and Mobile Homes

Chapter:

FINANCIAL AND ACCOUNTING REQUIREMENTS; BUDGETS, RESERVES, AND GUARANTEES

Overview

RULE:

61B-23.00215

Ombudsman; Election Monitoring; Monitor's Role; Scope and Extent

PURPOSE:

This rule amendment specifically permits the Office of the Ombudsman to issue an interim report prior to the actual election event recommending that an election be cancelled where the pre-election procedure was fatally flawed. The rule amendment will provide flexibility and will save associations the time and expense of waiting until the election has occurred to address fatal flaws in the process. The rule amendment also highlights the advisory role of the Office of the Ombudsman and clarifies that the Ombudsman properly observes the election, but does not affirmatively direct the operation of the election. This change is consistent with the recently issued opinion of the Attorney General (AGO 2005-53, Sept. 22, 2005) wherein it is concluded that the authority of the Office of the Ombudsman is primarily advisory in nature.

SUBJECT:

This rule amendment addresses the Office of the Ombudsman’s role in the election monitoring process.

RULEMAKING AUTHORITY:

718.5012(9) FS.

LAW:

718.1255 FS., 718.5012(9) FS.

PRINT PUBLISH DATE:

1/6/2006 Vol. 32/01

RELATED STATUTES
AND LAWS:

718.5012(9) FS., 718.1255 FS., 718.5012(9) FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=61B-23.00215&PDate=1/6/2006&Section=1

REFERENCE MATERIALS:

No reference(s).

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