Section 61B-21.002 - Minor Violations(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.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.