The proposed rulemaking repeals an unnecessary rule and updates an incorporated department form.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-13.001Definitions

5J-13.003Security Requirements

PURPOSE AND EFFECT: The proposed rulemaking repeals an unnecessary rule and updates an incorporated department form.

SUMMARY: The proposed rules will repeal duplicative, unnecessary definitions that are provided by statute. They will also amend the claim affidavit to conform with current notary law and to provide consistency with other program claim affidavits.

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 repeal duplicative definitions and update an incorporated department form. There are no increased regulatory costs associated with these revisions. 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(4), (5) 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: Beth Evans, Chief, Bureau of Compliance, 2005 Apalachee Parkway, Tallahassee, FL 32399 [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-13.001 Definitions.

Rulemaking Authority 570.07(23) FS. Law Implemented 539.001(4), (5) FS. History–New 12-10-96, Repealed      .

 

5J-13.003 Security Requirements.

(1) through (2) No change.

(3) Claims against a bond, letter of credit, or certificate of deposit shall be submitted on FDACS-10986, Pawnshop Claim Affidavit, Rev. XX/22, 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, 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, 3-30-17, 7-11-19,                   .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Beth Evans, Chief of Compliance

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 19, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 21, 2022