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Florida Administrative Code (Last Updated: April 18, 2024) |
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69. Department of Financial Services |
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69V. Finance |
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69V-560. Money Transmitters |
1(1) The 3deferred presentment 5database shall be accessible 24 hours a day every day of the year except for routine scheduled system maintenance and upgrades performed by the 29deferred presentment 31database vendor. During times of scheduled maintenance or system upgrades, providers will be given no less than 24 hours notice in the form of electronic mail to the designated security administrator for each provider or a broadcast message on the website.
72(2) In the event the 77deferred presentment 79database is unavailable, providers shall adhere to the following procedures 89to determine eligibility before initiating a new deferred presentment transaction (except as provided in subsection (3) below)106:
107(a) The provider shall confirm that the 114deferred presentment 116database remains unavailable by attempting to access the 124deferred presentment 126database with every person seeking a new deferred presentment transaction unless they have been notified via electronic mail by the 146deferred presentment 148database vendor of an expected period of time necessary to correct whatever problem is causing the 164deferred presentment 166database to remain unavailable;
170(b) The provider shall then contact the 177deferred presentment 179database vendor’s toll-free help desk or voice response system to obtain a temporary transaction authorization number directly from the 198deferred presentment 200database vendor; and,
203(c) Within 24 hours of obtaining the temporary transaction authorization number from the database vendor, the provider shall accurately enter the remaining transactional data into the 229deferred presentment 231database.
232(3) In the event that either the Office of Financial Regulation or the 245deferred presentment 247database vendor notifies the provider that the 254deferred presentment 256database is unavailable and that all alternative methods for registering a transaction and receiving a transaction authorization number are also unavailable:
277(a) The provider shall be authorized to conduct transactions during the specific period of unavailability, after receiving written authorization, via electronic mail or facsimile from either the Office of Financial Regulation or the 310deferred presentment 312database vendor with the Office of Financial Regulation’s consent.
321(b) Copies of the written authorization for any transactions conducted during such an unavailability period must be attached to the deferred presentment agreement for those transactions. One copy shall be provided to the drawer and another copy shall be kept as an audit record for the provider.
368(c) Transactions created during a period of authorized unavailability must be registered with the 382deferred presentment 384database within 24 hours of notification by the Office of Financial Regulation or deferred presentment database vendor, that the 403deferred presentment 405database is available; provided, however, that if the 413deferred presentment 415database is unavailable for more than 24 hours, then the period for registration shall be extended by 24 hours for each additional 24-hour period of unavailability.
441(d) Once the transaction has been registered with the 450deferred presentment 452database, the transaction number assigned to that transaction must be placed on the provider’s record copy of the deferred presentment agreement signed by the drawer for that transaction. If the drawer requests that transaction number at any time, the provider must provide it to the drawer.
498(4) The procedures outlined in this section shall be the same for updating or terminating existing transactions when the deferred presentment database is unavailable.
522Rulemaking Authority 524560.105, 525560.404 FS. 527Law Implemented 529560.404, 530560.4041 FS. 532History–New 4-17-02, Formerly 3C-560.909, Amended 11-28-19.
