The purpose and effect of this Rule 5J-14.002, F.A.C., is to allow for electronic filing of surety bonds.

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Consumer Services

RULE NO: RULE TITLE
5J-14.002: Electronic Documents
PURPOSE AND EFFECT: The purpose and effect of this Rule 5J-14.002, F.A.C., is to allow for electronic filing of surety bonds.
SUMMARY: Rule 5J-14.002, F.A.C., sets material terms for electronic filing of surety bonds pertaining to game promotions.
SUMMARY 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: 849.094(8) FS.
LAW IMPLEMENTED: 849.094(3) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: January 16, 2007, 10:00 a.m.
PLACE: Department of Agriculture and Consumer Services, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dee Keck, Regulatory Program Administrator, 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-14.002 Electronic Documents.

For purposes of Section 849.094(4), F.S., an operator of a game promotion may submit a surety bond electronically, pursuant to Chapter 668, F.S.

(1) A surety bond with an electronic signature shall not be accepted by the Department unless the surety bond expressly states that the surety is subject to valid claims submitted by or through the Department in accordance with Section 849.094, F.S.

(2) When necessary for the filing or enforcing of claims by the Department against surety bonds submitted electronically in accordance with Chapter 668 and Section 849.094, F.S., the Department shall use a printed copy of the electronically filed bond.

(3) By filing electronically, the operator of a game promotion agrees to conduct all transactions with the Department pursuant to Chapter 668, F.S.

(4) For purposes of Section 849.094(4), F.S., an operator of a game promotion may submit a Durable Power of Attorney with an electronic signature;

(5) A Durable Power of Attorney with an electronic signature may be applied to subsequent game promotions as long as the Durable Power of Attorney expressly states that it encompasses the subsequently filed promotions. The Durable Power of Attorney shall remain in effect until the Department receives cancellation in writing or through electronic means.

Specific Authority 849.094(8) FS. Law Implemented 849.094(4) FS. History–New__________ .

NAME OF PERSON ORIGINATING PROPOSED RULE: Dee Keck, Regulatory Program Administrator, Division of Consumer Services, Department of Agriculture and Consumer Services
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: James R. Kelly, Director, Division of Consumer Services, Department of Agriculture and Consumer Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 13, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 11, 2006