|DBPR RULEMAKING USURPS FLORIDA STATUTES|
61B-23.00215 Ombudsman; Election Monitoring; Monitor’s Role; Scope and Extent.
(1) Fifteen percent of the total voting interests entitled to vote at the annual meeting of
unit owners for the election of directors, or the owners of six units entitled to vote at the annual meeting of unit owners for the election of directors, whichever number is greater, may petition the ombudsman for the appointment of an election monitor to attend and observe the annual meeting of unit owners for the election of directors and conduct the election of directors. No monitor shall be appointed for a special election, an interim election, a runoff election, an election to fill vacancies caused by a recall of one or more board members, or any election other than the annual meeting of unit owners for the election of directors.
(2) – (5) NO CHANGE
(6) The appointed monitor shall review any documents provided by the petitioners or by the association in advance of the scheduled election and shall attend the election in person. Prior to the date of the scheduled election, the monitor is authorized to issue findings on whether the pre-election procedures required by section 718.112(2)(d), Florida Statutes, and Rule 61B-23.0021, Florida Administrative Code, have been complied with, and may issue an interim report to the Division, the Ombudsman, and the association recommending that the association cancel
reschedule an election where substantial defects in required notice have
occurred, where the ballot does not contain the
names of all eligible candidates or contains the names of ineligible
candidates, or where other fundamental error has
occurred in the election procedures.
(7) During the conduct of the actual election, the monitor shall observe the procedures
by the association but shall not provide direct advice, suggestions, or
orders to the association, individual owners, or
board members in the course of the election. The monitor shall
submit a report to the Division, the ombudsman, and the association within
14 days following the date the election is
concluded. The report shall contain findings of fact and conclusions
regarding whether the election substantially complied with section
718.112(2)(d), Florida Statutes, and rule
61B-23.0021, Florida Administrative Code. Upon review of the report, the
Division is authorized to take such enforcement action as provided under
section 718.501, Florida Statutes.
(8) – (9) NO CHANGE
Specific Authority 718.5012(9) FS. Law Implemented 718.1255, 718.5012(9) FS. History—New