The purpose and effect of the proposed amendments to Rule 5J-13.002, F.A.C., are to adopt by reference changes to DACS Form-10111, Pawnbroking Registration Application, Rev. 8/10. The purpose and effect of subsection 5J-13.003(3), F.A.C., is to ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Consumer Services

Rule No.: RULE TITLE
5J-13.002: Licensing Requirements
5J-13.003: Security Requirements
PURPOSE AND EFFECT: The purpose and effect of the proposed amendments to Rule 5J-13.002, F.A.C., are to adopt by reference changes to DACS Form-10111, Pawnbroking Registration Application, Rev. 8/10. The purpose and effect of subsection 5J-13.003(3), F.A.C., is to implement Section 539.001(4)(a)2., F.S., through the use of the Irrevocable Letter of Credit form found on page 6 of DACS Form-10111, Pawnbroking Registration Application, Rev. 8/10.
SUMMARY: Rule 5J-13.002, F.A.C., establishes the official updated filing form for any person who intends to operate as a pawnbroker. Amendments to subsection 5J-13.003(2), F.A.C., update amendments to the surety bond form included in the Pawnbroking Registration Application. New subsection 5J-13.003(3), F.A.C., establishes the appropriate form to use when filing an Irrevocable Letter of Credit with the Pawnbroking Registration Application, in lieu of a bond.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 539.001(21), 570.07(23) FS.
LAW IMPLEMENTED: 539.001(4)(a)2., 539.001(5)(a), (c), (d), (8)(a) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Miriam S. Wilkinson, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500. Phone [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Miriam S. Wilkinson, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500. Phone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

5J-13.002 Licensing Requirements.

(1) Any person who intends to operate as a pawnbroker shall, prior to offering pawnbroking services, annually submit a licensing fee of $300 to the Department, for each pawnshop location, at the time of applying for a license.

(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 licensuree shall use Form DACS Form 10111 -10-111, Pawnbroking Registration Application Application Form, Rev. 8/10, effective 12-10-96, 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, Mayo Building, Tallahassee, Florida 32399-6500 0800., or online at the following link: http://www.doacs.state.fl.us/onestop/forms/10111.pdf.

Rulemaking Specific Authority 539.001(21), 570.07(23) FS. Law Implemented 539.001(5)(a), (c), (d), (8)(a) FS. History–New 12-10-96, Amended________.

 

5J-13.003 Security Requirements.

(1) No change.

(2) If filing a surety bond pursuant to Section 539.001(4)(a)2., F.S., the applicant shall use the Pawnbroking Surety Bond form included in Form DACS Form 101113, Pawnbroking Registration Application, Rev. 8/10. Surety Bond, effective 12-10-96, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Pawnshops, Mayo Building, Tallahassee, Florida 32399-0800.

(3) If filing an Irrevocable Letter of Credit pursuant to Section 539.001(4)(a)2., F.S., the applicant shall use the Pawnbroking Irrevocable Letter of Credit terms included in DACS Form-10111, Pawnbroking Registration Application, Rev. 8/10.

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

NAME OF PERSON ORIGINATING PROPOSED RULE: Miriam S. Wilkinson, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, Phone [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles H. Bronson, Commissioner
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 5, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 24, 2010