Florida Condo Citation Rule 61B-21.0026 and Minor Violation Changes Take Effect November 12, 2026

The Division of Florida Condominiums, Timeshares and Mobile Homes within the Florida Department of Business and Professional Regulation (DBPR) filed amended Rule 61B-21.002 and new Rule 61B-21.0026 with the Florida Department of State on October 23, 2026. Both rules take effect November 12, 2026, according to the index of filed rules in the October 26, 2026 issue of the Florida Administrative Register.

The rules apply to unit owner controlled condominium associations. Rule 61B-21.002 governs Notices of Noncompliance for minor violations, and Rule 61B-21.0026 creates a citation procedure for violations of Chapter 718, Florida Statutes.

What Changes in the Minor Violation Rule

The current Rule 61B-21.002, last amended in 2018, lists eight minor violations covering budgets, elections and financial reporting. An association that fails to correct one after a Notice of Noncompliance faces a penalty of $5 to $10 per unit, with a $500 minimum and a $2,500 maximum per minor violation.

The amended rule, as proposed on July 31, 2026, lists two minor violations. One is failing to disclose the specific beginning and ending dates of the period covered by a proposed budget under Rule 61B-22.003(1)(b). The other is failing to timely adopt the annual budget a second time under section 718.112(2)(f)1.

A Notice of Noncompliance must identify the violation, describe the corrective action required, give a reasonable time to comply and list the contact information of the assigned Division representative. If the association does not comply, the Division imposes a civil penalty for each minor violation under Rules 61B-21.0026 and 61B-21.003, starting at the middle of the range.

The amended rule also states that a violation missing from the rule chapter is not presumed harmless. For an unlisted violation, the Division sets the penalty using the closest analogous violation.

How the New Citation Rule Works

Under Rule 61B-21.0026, the Division may issue a citation for a violation of Chapter 718, a rule in Title 61B or a failure to timely comply with a Notice of Noncompliance. A citation must identify the respondent, the provision violated and the facts, the penalty or corrective action required, and the time to pay or contest.

A citation is served on delivery to the association's registered agent, including by electronic transmission where permitted. If no registered agent is identified, delivery to the physical or electronic address in Department of State or Division records counts as service, even without actual notice.

If the respondent does not dispute the citation in writing within 30 days after service, the citation becomes a final order. The respondent then has 30 days to pay all amounts due and meet every requirement in the citation.

A citation is resolved only after the respondent pays all citation amounts and fees and documents full compliance. When compliance produces no documents, a sworn affidavit may be submitted instead. The Division then issues a written acknowledgment that the citation is resolved.

A citation may include multiple counts from one investigation, with penalties aggregated as permitted by law. Paying a citation for failure to comply with a subpoena does not excuse compliance with the subpoena itself.

Legal Authority Under Section 718.501

Section 718.501(1)(e)9., Florida Statutes, allows the Division to issue citations and adopt rules setting citation bases and procedures. Section 718.501(1)(e)6. authorizes civil penalties against associations and caps the penalty for any offense at $5,000.

DBPR's July notice states that the rulemaking implements statutory changes to section 718.501(1) that modified the Division's enforcement jurisdiction. The agency found no adverse impact on small business and no regulatory costs above $200,000 in the first year.

Implications for Associations and Pending Rules

Boards of unit owner controlled condominium associations face a shorter minor violation list and a defined citation process starting November 12, 2026. Election and financial reporting items on the current list do not appear in the amended text.

The October 15, 2026 notice of change revised proposed Rules 61B-21.001 and 61B-21.003 but did not change Rules 61B-21.002 or 61B-21.0026. Rules 61B-21.001 and 61B-21.003, which hold the definitions and penalty guidelines, were not on the October 23 filing list and remain proposed.