The division will review the matter and will contact the association board by letter or telephone regarding the complaint. The division will provide educational materials or guidance to the association board to assist it with addressing the subject matter of the complaint and provide the association with the opportunity to respond. The division will notifiy the complainant of the educational resolution and the division's complaint file will be closed.
If the division has reasonable cause to believe that a statutory or rule violation may have occurred, a Warning Letter will be sent to the association. The Warning Letter will give the association 14 calendar days in which to address, correct, or dispute the violation. The Warning Letter will identify the violation, and provide a contact telephone number and an investigator's name so that the association may contact the division for educational assistance or an educational conference in obtaining compliance. However, it is solely the responsibility of the association to take action, when applicable, to achieve statutory or rule compliance. Failure to respond to a Warning Letter, or take affirmative or corrective action as requested by the division, will result in the division proceeding with an enforcement resolution. The Warning Letter shall not be considered final agency action. The division will notify the complainant of the resolution of the complaint, or if applicable, alternative dispute resolution options.
If the division has reasonable cause to believe that a statutory or rule violation may have occurred, a Warning Letter will be sent to the association. The Warning Letter will give the association 14 calendar days in which to address, correct, or dispute the violation. The Warning Letter will identify the violation, and provide a contact telephone number and an investigator's name so that the association may contact the division for educational assistance or an educational conference in obtaining compliance. However, it is solely the responsibility of the association to take action, when applicable, to achieve statutory or rule compliance. Failure to respond to a Warning Letter, or take affirmative or corrective action as requested by the division, will result in the division proceeding with an enforcement resolution. The Warning Letter shall not be considered final agency action. The division will notify the complainant of the resolution of the complaint, or if applicable, alternative dispute resolution options.
Fla. Admin. Code Ann. R. 61B-78.003
Rulemaking Authority 719.501(1)(f) FS. Law Implemented 719.501(1)(d)4., (m) FS.
New 6-4-98, Amended 2-19-15.