Florida's condo regulator is proposing citation power — $10 to $30 per unit, per violation
Florida's condo regulator is proposing citation power — $10 to $30 per unit, per violation
2026-09-10 · Florida · Regulation · Pending — not yet law
What is proposed. Florida's condominium regulator has published a rule that would let it issue citations directly to associations, with penalties calculated per unit. The rule is proposed, not adopted — it has no effective date, and the rules it would amend remain in their 2018 versions.
The Notice of Proposed Rule was published on 31 July 2026 (Vol. 52/148). It would amend Rules 61B-21.001, 61B-21.002 (renamed “Notice of Noncompliance and Minor Violations”) and 61B-21.003 (Penalty Guidelines), and create a new Rule 61B-21.0026, “Citation.” A hearing was noticed for 17 August 2026, with the comment period running to 21 August.1
Why the Division says it is doing this
The stated purpose is “to implement changes to these rules based on statutory changes to Section 718.501(1), F.S., which modified the Department's enforcement jurisdiction.” The rule is authorised under s. 718.501(1)(e)6, (1)(e)9 and (1)(g), and implements s. 120.695 — the general citation statute — and s. 718.501(1).
What the citation rule would do
New Rule 61B-21.0026 would provide that “the division may issue a citation for violations of Chapter 718, F.S., rule Title 61B, F.A.C., or failure to timely comply with a Notice of Noncompliance for a minor violation.”
Three mechanics matter more than the rest.
Service. On the registered agent — and “failure of the association to receive actual notice shall not invalidate service.”
Silence. “If the respondent does not dispute the matter(s) addressed in the citation in writing within 30 days after the citation is deemed ‘served,’ the citation shall become a final order of the division.”
The arithmetic. “The minimum total penalty to be assessed shall be calculated according to these guidelines or $500, whichever amount is greater… A penalty range of $10 to $30 per unit is set forth for each violation.” Multiple counts are added together.
For a 200-unit association, a single violation at the top of the range is $6,000.
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Related Florida HOA Topics
- Notice of Proposed Rule, Rules 61B-21.001–.003 and new Rule 61B-21.0026, published 31 July 2026 (Vol. 52/148) ↩
- Division of Florida Condominiums, Timeshares and Mobile Homes — complaint volumes, investigation process and jurisdiction, DBPR ↩
- Chapter 2025-175, Laws of Florida (CS/CS/HB 913) — § 25, amending s. 914.21(3), F.S. ↩
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