The proposed rulemaking amends a form incorporated by reference, updates form references, and provides a procedure for certain individuals to obtain a military waiver of their initial or renewal registration fee.

 

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 provides a procedure for certain individuals to obtain a military waiver of their initial or renewal registration fee.

SUMMARY: The proposed rules update FDACS-10111, Pawnbroking Registration Application, update form references, and provide guidance to applicants seeking a military waiver of an initial or renewal registration fee. These amendments will streamline the registration application and ensure statutory compliance with ch. 2018-7, 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, form references and provide guidance on how to obtain a military 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), (g), (4)(a)2., (b), (5)(a), (b), (c), (8)(a), (b), (c) 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: Liz Compton, Bureau Chief, 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) 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.

(1)(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. 01/19 10/16, 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, Attention: Pawnshops, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-      08034.

(2)(3) Active duty military, An honorably discharged veterans, the military spouses or surviving spouses of such a veteran, or a business entity that has a majority ownership held by such a veteran or spouse or surviving spouse, requesting a waiver of the initial or renewal registration fee pursuant to sSections 539.001(3)(c), or (g), F.S., shall complete FDACS-10991, Military Veteran Fee Waiver Request, 10/18 10/16, incorporated by reference in Rule 5J-26.001, F.A.C., and provide 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 (1) (2) above.

Rulemaking Authority 539.001(21), 570.07(23) FS. Law Implemented 539.001(3)(c), (g), (5)(a), (b), (c), (8)(a), (b), (c) FS. History–New 12-10-96, Amended 3-8-12, 4-5-15, 3-30-17,                .

 

5J-13.003 Security Requirements.

(1) Any person claiming to have a net worth of $50,000 pursuant to Section 539.001(4)(a)2., F.S., shall file with the department, at the time of applying for a license, a copy of their current financial statement prepared by a Florida certified public licensed accountant. In lieu of the financial statement, a person may file an affidavit stating the applicant’s net worth is at least $50,000, accompanied by supporting documentation; or if the applicant is a corporation, a copy of their most recently filed federal income tax return.

(2) If filing a bond, letter of credit, or assignment of certificate of deposit pursuant to sSection 539.001(4), F.S., the applicant shall use the application forms included in FDACS-10111, Pawnbroking Registration Application, Rev. 01/19 10/16, incorporated by reference in rRule 5J-13.002, F.A.C.

(3) No change.

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, 3-30-17,            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Liz Compton, Bureau Chief, Division of Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Nicole Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 01, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 25, 2018