The proposed rulemaking amends a form incorporated by reference, updates form references, and establishes a procedure for certain veterans, the spouses of such veterans, or business entities that have a majority ownership held by such veterans or ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-13.002Licensing Requirements

5J-13.003Security Requirements

PURPOSE AND EFFECT: The proposed rulemaking amends a form incorporated by reference, updates form references, and establishes a procedure for certain veterans, the spouses of such veterans, or business entities that have a majority ownership held by such veterans or spouses to obtain a waiver of their initial registration fee.

SUMMARY: The proposed rules update FDACS-10111, Pawnbroking Registration Application and provide guidance to applicants seeking a military veteran’s waiver of an initial registration fee. These amendments will ensure statutory compliance with s. 25, ch. 2016-166, Laws of Florida and the Florida Pawnbroking Act.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed revisions update a department form and provide guidance on how military veterans may obtain a fee waiver. There are no increased regulatory costs associated with these revisions. Additionally, no interested party submitted additional information regarding the economic impact.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 539.001(21), 570.07(23) FS.

LAW IMPLEMENTED: 539.001(3)(c), (4)(a)2., (5)(a), (c), (8)(a) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Amy Topol, Director, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida, 32399-6500, email at [e-mail] or by phone [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-13.002 Licensing Requirements.

(1) No change.

(2) A person applying for a license as a pawnbroker must submit with the license application a copy of the Pawnbroker Transaction Form. Applicants for licensure shall use FDACS-10111, Pawnbroking Registration Application, Rev. 10/16 01/15, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Attention: Pawnshops, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-        05120.

(3) An honorably discharged veteran, the spouse of such a veteran, or a business entity that has a majority ownership held by such a veteran or spouse, requesting a waiver of the initial registration fee pursuant to Section 539.001(3)(c), F.S., shall complete FDACS-10991, Military Veteran Fee Waiver Request, 10/16, incorporated by reference in Rule 5J-26.001, F.A.C.  An applicant requesting a fee waiver shall submit a completed Military Veteran Fee Waiver Request and all required documentation at the time the applicant submits the Pawnbroking Registration Application as referenced in subsection (2).

Rulemaking Authority 539.001(21), 570.07(23) FS. Law Implemented 539.001(3)(c), (5)(a), (c), (8)(a) FS. History–New 12-10-96, Amended 3-8-12, 4-5-15,               .

 

5J-13.003 Security Requirements.

(1) No change.

(2) If filing a bond, letter of credit, or assignment of certificate of deposit pursuant to Section 539.001(4), F.S., the applicant shall use the application forms included in FDACS-10111, Pawnbroking Registration Application, Rev. 10/16 01/15, incorporated by reference in Rule 5J-13.002, F.A.C.

(3) Claims against a bond, letter of credit, or certificate of deposit shall be submitted on FDACS-10986, Pawnshop Claim Affidavit, Rev. 12/14, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Attention: Pawnshops, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-05121.

 Rulemaking Authority 539.001(21), 570.07(23) FS. Law Implemented 539.001(4)(a)2. FS. History–New 12-10-96, Amended 3-8-12, 4-5-15,                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Amy Topol, Director, Division of Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 09, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 28, 2016