Fla. Admin. Code Ann. R. 61B-41.001 - Definitions
For the purposes of this chapter, the following definitions shall apply:
(1) "Bad check" means any
worthless check, draft, or order of payment identified under section
68.065, F.S.
(2) "Corrective activities" means putting
remedial procedures in place to ensure that the violation does not recur;
making any injured person whole as to the harm suffered in relation to the
violation; or taking any other appropriate measures to redress the harm
caused.
(3) "Financial hardship"
means that the size of the penalty has a disproportionately adverse impact on
the regulated party, purchaser or timeshare plan in relation to the purpose for
the discipline being imposed under this rule chapter. Having to special assess
to pay the penalty does not constitute financial hardship.
(4) "Prior" or "prior violation" means,
within the context of a violation of chapter 721, F.S., any violation of
chapters 718, 719, and 721, or part VIII of chapter 468, F.S., and the
administrative rules promulgated pursuant to those statutes, that has been
cited by the Division and resulted in final agency action being taken against a
regulated party. This definition applies regardless of the chronological
relationship of the violations and regardless of whether the violations are of
the same or different subsections of these statutes.
(5) "Regulated party" carries the same
meaning as defined in section
721.26(5)(a),
F.S., which includes timeshare solicitors licensed under section
721.20, F.S.
(6) "Small business" means any regulated
party that also meets the definition of a small business as defined in section
288.703,
F.S.
Notes
Rulemaking Authority 721.26(6) FS. Law Implemented 721.26(5)(e) FS.
New 2-4-98.
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