(1) The minor
violation process, as detailed in this rule chapter, is only applicable to unit
owner controlled associations.
(2)
If the division has reasonable cause to believe that a minor violation has
occurred, a Notice of Noncompliance will be sent to the association. The Notice
of Noncompliance shall provide the association with a reasonable period of time
to comply with the rule. The Notice of Noncompliance shall identify the
violation and provide an investigator's contact telephone number and email
address so that the association may contact the division to obtain educational
assistance or an educational conference. The association is solely responsible
for achieving compliance. Failure to fully comply with a Notice of
Noncompliance will lead to further enforcement action as permitted by law. The
Notice of Noncompliance shall not be considered final agency action.
(3) The division will notify the complainant
of the resolution of the complaint, or if applicable, alternative dispute
resolution options.
(4) The
following violations shall be considered minor violations for which a Notice of
Noncomplaince shall be issued:
|
Category
|
Statute or Rule
|
Description of
Conduct/Violation
|
|
Budgets
|
61B-22.003(1)(b),
F.A.C.
|
Failure to disclose the beginning and ending dates of
the period covered by the proposed budget.
|
|
Budgets
|
61B-22.003(1)(c),
F.A.C.
|
Failure to disclose periodic assessments for each
unit type in the proposed budget.
|
|
Elections
|
61B-23.0021(7),
F.A.C.
|
Distributing candidate information sheets consisting
of more than one page.
|
|
Elections
|
61B-23.0021(9),
F.A.C.
|
Ballot does not list candidates alphabetically by
surname.
|
|
Elections
|
61B-23.0021(10)(b),
F.A.C.
|
Outer envelope information verified before the date
of the election.
|
|
Reporting
|
61B-22.006(3)(a)
5., 6., F.A.C.
|
Failure to disclose the amount required to fully fund
each reserve account as of the end of the fiscal period covered by the annual
financial statements; and the manner by which reserve items were estimated
and/or the date the estimates were last made in the annual financial statements
or turnover audit. Failure to disclose in the year-end financial statements the
manner by which reserve items were estimated and/or the date the estimates were
last made.
|
|
Reporting
|
61B-22.006(3)(b),
(c), F.A.C.
|
Failure to disclose the method of allocating income
and expenses in the annual financial statements or turnover audit.
|
(5)
Upon a determination of an association's failure to comply with a Notice of
Noncompliance, an enforcement action shall be taken in which the division shall
impose a civil penalty between $5 and $10, per unit, for each minor violation.
The penalty will be assessed beginning with the middle of the specified range
and adjusted either up or down based upon any aggravating or accepted
mitigating circumstances, pursuant to subsection
61B-21.003(3),
F.A.C. The minimum total penalty to be assessed shall be calculated according
to these guidelines or $500, whichever amount is greater. In no event shall a
penalty of more than $2, 500 the statutory maxium for a single minor violation.
The guidelines in this rule chapter are based upon a single count violation of
each provision listed. Multiple counts of the violated provision or a
combination of the listed violations will be added together to determine an
overall total penalty. Nothing in this rule chapter shall limit the ability of
the division to informally dispose of administrative actions or complaints by
stipulation, settlement agreement, or consent order. Nothing in this rule
chapter shall limit the division's ability to seek judicial enforcement and
remedies through the courts. The provisions of this rule chapter shall not be
construed so as to prohibit or limit any other adminitrative, civil, or
criminal action that may be brought, including notices to cease and
desist.
Notes
Fla. Admin.
Code Ann. R. 61B-21.002
Rulemaking Authority 718.501(1)(d)6., (f) FS. Law
Implemented 120.695, 718.501(1)(d)6., (k)
FS.
New 6-4-98, Amended by
Florida
Register Volume 44, Number 226, November 20, 2018 effective
12/5/2018.
New 6-4-98, Amended
12-5-18.
