Notice of Development of Rulemaking

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Florida Condominiums, Timeshares and Mobile Homes
Rule No.: RULE TITLE
61B-77.001: Definitions and Purpose
61B-77.002: Educational Resolution
61B-77.003: Enforcement Resolution and Civil Penalties
PURPOSE AND EFFECT: The amendments are intended to make the cooperative developer resolution guidelines consistent with the revised compliance procedures that were adopted with the division’s conversion to the new licensing program and reorganization, as well as the experience gained in applying the rules since their adoption.
SUBJECT AREA TO BE ADDRESSED: The amendments clarify the definition of an accepted complaint; provide point values for calculating aggravating and mitigating factors; change the beginning range of penalties to a set point; re-word descriptions for clarity; increase some minor violations to major violation; add new statutory citations to the list of described violations; remove some statutory citations from the list of described violations; and increase the penalty range for developer violations.
SPECIFIC AUTHORITY: 455.2273, 719.301(5), (6), 719.501(1)(d)4., (f) FS.
LAW IMPLEMENTED: 455.2273, 719.501(1)(d)4., (k) 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: October 8, 2010, 9:00 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.myfloridalicense.com/dbpr/lsc/LSCMHRulePromulgation.html.

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