Notice of Development of Rulemaking

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Florida Land Sales, Condominiums and Mobile Homes
RULE NO: RULE TITLE
61B-75.002: Electronic Transmission of Notices
PURPOSE AND EFFECT: The Legislature enacted changes to the Cooperative Act (Chapter 719, Florida Statutes) that permits the use of electronic transmission for purposes of noticing elections and certain meetings with the prior consent of unit owners before electronic transmission may be used for notices of meetings or elections. The proposed rule defines “electronic transmission,” provides for the association’s adoption of bylaws for the electronic notice of meetings and for providing notice when it decides to stop noticing meetings by electronic transmission, describes the method by which unit owners may consent and revoke consent, delivery of notices and attachments, receipt of an electronic transmission, and provides that electronic addresses and other information is part of the association’s official records unless the owner has revoked consent to the use of electronic transmissions.
SUBJECT AREA TO BE ADDRESSED: The proposed rule addresses the noticing of cooperative elections and meetings through the use of electronic transmission.
SPECIFIC AUTHORITY: 719.501(1)(f), 719.106(1)(d)1. FS.
LAW IMPLEMENTED: 719.104(2)(a)5., 719.106(1)(c), 719.106(1)(d), 719.106(1)(d)1., 719.106(1)(d)3., 719.106(1)(e)1., 719.106(2)(c) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: July 24, 2006, 9:00 a.m.
PLACE: Conference Room, Suite 16, The Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/hearing/meeting is asked to advise the agency at least 48 hours before the workshop by contacting Sharon A. Malloy, Senior Management Analyst II, at (850)488-1631. If you are hearing or speech impaired, please contact the agency by calling 1(800)955-8771.
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 Land Sales, Condominiums and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-1030. A copy of the rule amendment is available on line at http://www.state.fl.us/dbpr/lsc/index.shtml.