Published on: 22466575. Effect of Law Enforcement Records on Applications for Registration as Dealer, Issuer/Dealer, or Investment Adviser, Effect of Law Enforcement Records on Applications for Registration as Associated Persons
Published on: 22252787. The purpose and effect is to amend the existing rules to incorporate by reference the current versions of forms and other materials incorporated by reference, to incorporate, in relevant part, the contents of and remove cross-reference to Rule 69W-301.002, Florida Administrative Code (F.A.C.), to include the Securities Industry Essentials (SIE) exam (a new exam required for registration with the Financial Industry Regulatory Authority (FINRA)) where applicable, to incorporate section 248.30 of Regulation S-P (17 C.F.R. §248.30) into the book and record requirements for dealers, as well as, to make the violation of the same a prohibited business practice, to repeal Rule 69W-600.020, F.A.C., to update cross-references, and to enhance clarity throughout the chapter.
Published on: 22020472. The purpose and effect is to amend the existing rules to incorporate by reference the current versions of forms and other materials incorporated by reference, to incorporate, in relevant part, the contents of and remove cross-reference to Rule 69W-301.002, Florida Administrative Code (F.A.C.), to include the Securities Industry Essentials (SIE) exam (a new exam required for registration with the Financial Industry Regulatory Authority (FINRA))where applicable, to incorporate section 248.30 of Regulation S-P (17 C.F.R. §248.30) into the book and record requirements for dealers, as well as, to make the violation of the same a prohibited business practice, to repeal Rule 69W-600.020, F.A.C., to update cross-references, and to enhance clarity throughout the chapter.
Published on: 10473689. The Florida Office of Financial Regulation (“Office”) hereby gives notice that on September 20, 2011, the Office issued a Final Order. The Final Order was in response to a Petition for Variance from or Waiver of Rule 69W-600.0021, Florida Administrative Code, Mr. Mickey P. McLellan filed August 31, 2010 and advertised by Notice 9114331 in Vol. 36, No. 37, in the September 17, 2010 edition of the Florida Administrative Weekly. The rule at issue relates to Office consideration of an applicant’s law enforcement record when deciding whether to approve an application for registration as an associated person. The Final Order grants the rule waiver on the basis of legal hardship. The Final Order adopted the Amended Notice of Intent Approving Petition for Variance from or Waiver of Rule 69W-600.0021, Florida Administrative Code, issued August 16, 2011 (“Amended NOI”). The Amended NOI was issued to replace the Notice of Intent Approving Petition for Variance from or Waiver of Rule 69W-600.0021, Florida Administrative Code, issued August 15, 2011 (“8/15/11 NOI”). The 8/15/11 NOI was advertised by Notice 10382606 in Vol. 37, No. 36, in the September 9, 2011 edition of the Florida Administrative Weekly. The Amended NOI and 8/15/11 NOI were identical except that the 8/15/11 contained an incorrect Notice of Rights.
Published on: 9114331. a variance or waiver.
Petitioner’s Name: Mickey P. McLellan
Rule No.: 69W-600.0021, F.A.C.
Nature of the rule for which variance or waiver is sought: The rule relates to the effect of law enforcement records on applications for registration as associated persons. The petitioner seeks a variance from or waiver of the rule on the basis that the rule imposes a substantial hardship on and is unfair to the petitioner.
Published on: 8130751. This is the Final Public Hearing on the adoption of proposed Rule 69W-600.0021, F.A.C., published on October 23, 2009, in Vol. 35, No. 42 of the Florida Administrative Weekly. A notice of change for this rule is published in the January 8, 2010, Vol. 36, No. 01, edition of the Florida Administrative Weekly. The proposed rule sets forth the policies of the Office of Financial Regulation with respect to processing registration applications for persons who have been found guilty of, or who have pled guilty or nolo contendere to, certain crimes. The rule makes a general classification of crimes into two classes: Class A and Class B. Class A crimes address felonies involving fraud, dishonesty or any other act of moral turpitude; and Class B crimes address misdemeanors involving those same issues. Under the proposed rule, the disqualification period for a Class A crime is 15 years. For Class B crimes, the disqualification period is 5 years. The rule provides that the disqualification period will be extended if the applicant has multiple Class A or B crimes, and it provides that mitigating factors may be considered to reduce disqualifying periods. The disqualifying periods established in the rule do not give an applicant a right to registration after any set period of time. Regardless of the expiration of any disqualifying period imposed by the rule, the burden to prove entitlement to registration remains on the applicant. Other factors related to the consideration of the applicant’s criminal history are also addressed.; January 26, 2010, 9:00 a.m., during a regular meeting of the Financial Services Commission; Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida