DBPR Revises Proposed Florida Condo Penalty Guidelines in Notice of Change Published October 15, 2026

On October 15, 2026, the Division of Florida Condominiums, Timeshares and Mobile Homes within the Florida Department of Business and Professional Regulation (DBPR) published a notice of change to proposed Rules 61B-21.001 and 61B-21.003 in the Florida Administrative Register. The rules set definitions and penalty guidelines the Division uses to enforce Chapter 718, Florida Statutes, against unit owner controlled condominium associations. The revisions remain proposed and have not been adopted.

Revised Definitions of Minor and Willful Violations

The current Rule 61B-21.001, last amended in 2018, defines three terms. It treats a minor violation as one the Division first answers with a Notice of Noncompliance because of its lower potential for public harm. The proposal published July 31, 2026, expanded the list to 11 terms.

Under the proposal, a minor violation causes no economic or physical harm to a person, does not adversely affect public health, safety or welfare, and creates no significant threat of such harm. The notice of change ties that definition to section 718.501(1)(e) instead of the general provision in section 120.695(2)(b).

The notice also links "willfully and knowingly" to its statutory definition in section 718.501(1)(e)6. That statute applies the term when the Division has told an officer or board member that an action violates Chapter 718, a rule or a final order and the person refused to comply. The revised text keeps a July provision that the Division need not issue repeated notice of the same violation for conduct to be deemed willful and knowing.

Changes to the Penalty Guidelines and Director Removal

Rule 61B-21.003 sets a penalty range of $10 to $30 per unit for each listed violation, starting at the middle of the range. The minimum total penalty is the guideline amount or $500, whichever is greater.

The notice of change adds language allowing the Division to remove any director or officer who willfully and knowingly violates Chapter 718 or its rules, or who fails to remedy a violation or comply with a lawful order. The Division may also bar that person from serving as a director or officer for up to two complete terms of office under the association's governing documents.

In the penalty table, the notice restores an entry for failure to maintain adequate fidelity bonding under section 718.111(11)(h), which the current rule lists but the July proposal omitted. It also adds failure to pay annual fees to the Division and corrects several statute citations.

The current rule allows a departure from the guidelines only when aggravating or mitigating circumstances are proven by clear and convincing evidence. The July proposal, unchanged on this point, allows a departure when those circumstances are established in an enforcement proceeding.

Authority Under Section 718.501

Section 718.501(1)(e)6. allows the Division to impose civil penalties on associations and on officers or board members who willfully and knowingly violate Chapter 718, a rule or a final order. An officer or board member who complies within 10 days after being given the chance is not subject to a civil penalty, and no penalty may exceed $5,000 for any offense.

The statute directs the Division to adopt penalty guidelines based on harm, repetition and other relevant factors, and to distinguish minor violations from those that endanger the health, safety or welfare of residents. DBPR's July notice states that the rulemaking implements changes to section 718.501(1), which chapter 2025-175, Laws of Florida, amended in 2025.

Effect on Associations and Rulemaking Status

The guidelines cover violations involving budgets, elections, official records, reserves and structural integrity reserve studies. Under the proposal, directors and officers could face willful and knowing findings without the Division repeating a notice of the same violation.

The July package also proposed changes to Rule 61B-21.002 and a new citation rule, 61B-21.0026, which the October 15 notice does not change. Comments on the July proposal were accepted through August 21, 2026, and the notice of change does not announce a new hearing or comment period.

Under section 120.54(3), Florida Statutes, the rules may not be filed for adoption until 21 days after the notice of change, or November 5, 2026 at the earliest. An adopted rule generally takes effect 20 days after filing with the Department of State.