Florida Regulations 61-20.011: Citations
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(1) Definitions. As used in this rule:
(a) “”Citation”” means an instrument which meets the requirements set forth in Florida Statutes § 455.224, and which is served upon a subject for the purpose of assessing a penalty in an amount established by this rule;
(b) “”Subject”” means the licensee, applicant, person, partnership, corporation, or other entity alleged to have committed a violation designated in this rule.
(2) Citations shall be issued for the first two occurences of the same violation only.
(3) The Department shall issue a citation including a penalty for each applicable statutory or rule violation set forth below. The verbal identification of violations are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included:
Statutory or Rule Violation
Description of Violation
Citation Amount
for First
Violation.
Citation Amount
for Second
Violation.
(a) Florida Statutes § 468.432(1)
Holding one’s self out to the public as being able to manage a community association, or actively managing a community association with an inactive or delinquent license.
$125
$250
(b) Florida Statutes § 468.432(1)
Holding one’s self out to the public as being able to manage a community association, or actively managing a community association with a void license or without being licensed to do so.
$250
$500
(c) Florida Statutes § 468.432(2)
Operating a community association management firm or holding the community association management firm out to the public as being able to engage in the business of community association management with an inactive or delinquent license.
$125
$250
(d) Florida Statutes § 468.432(2)
Unless otherwise permitted in chapter 468, part VIII, F.S., performing community association management services in a community association management firm which does not have a license or is working on a void license.
$250
$500
(e) Florida Statutes § 468.432
Employing a person as a community association manager with an inactive or delinquent license.
$125
$250
(f) Paragraph
61E14-2.001(3)(b), F.A.C.
Failing to provide access to association records, for the purpose of inspecting or photocopying the same, to a person entitled to such by the law.
$200
$500
(g) Paragraph
61E14-2.001(3)(d), F.A.C.
Failing to maintain his or a management firm’s records, or the records of any applicable community association, to the extent charged with the responsibility of maintaining records, in accordance with the laws and documents requiring or governing the records.
$250
$500
(4) Once the citation becomes a final order, the citation and complaint become a public record pursuant to chapter 119, F.S., unless otherwise exempt from the provisions of chapter 119, F.S. The citation and complaint may be considered as aggravating circumstances in future disciplinary actions.
Rulemaking Authority 468.4315(3), 455.224 FS. Law Implemented Florida Statutes § 455.224. History-New 9-3-13.
Terms Used In Florida Regulations 61-20.011
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(b) “”Subject”” means the licensee, applicant, person, partnership, corporation, or other entity alleged to have committed a violation designated in this rule.
(2) Citations shall be issued for the first two occurences of the same violation only.
(3) The Department shall issue a citation including a penalty for each applicable statutory or rule violation set forth below. The verbal identification of violations are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included:
Statutory or Rule Violation
Description of Violation
Citation Amount
for First
Violation.
Citation Amount
for Second
Violation.
(a) Florida Statutes § 468.432(1)
Holding one’s self out to the public as being able to manage a community association, or actively managing a community association with an inactive or delinquent license.
$125
$250
(b) Florida Statutes § 468.432(1)
Holding one’s self out to the public as being able to manage a community association, or actively managing a community association with a void license or without being licensed to do so.
$250
$500
(c) Florida Statutes § 468.432(2)
Operating a community association management firm or holding the community association management firm out to the public as being able to engage in the business of community association management with an inactive or delinquent license.
$125
$250
(d) Florida Statutes § 468.432(2)
Unless otherwise permitted in chapter 468, part VIII, F.S., performing community association management services in a community association management firm which does not have a license or is working on a void license.
$250
$500
(e) Florida Statutes § 468.432
Employing a person as a community association manager with an inactive or delinquent license.
$125
$250
(f) Paragraph
61E14-2.001(3)(b), F.A.C.
Failing to provide access to association records, for the purpose of inspecting or photocopying the same, to a person entitled to such by the law.
$200
$500
(g) Paragraph
61E14-2.001(3)(d), F.A.C.
Failing to maintain his or a management firm’s records, or the records of any applicable community association, to the extent charged with the responsibility of maintaining records, in accordance with the laws and documents requiring or governing the records.
$250
$500
(4) Once the citation becomes a final order, the citation and complaint become a public record pursuant to chapter 119, F.S., unless otherwise exempt from the provisions of chapter 119, F.S. The citation and complaint may be considered as aggravating circumstances in future disciplinary actions.
Rulemaking Authority 468.4315(3), 455.224 FS. Law Implemented Florida Statutes § 455.224. History-New 9-3-13.