This rule is proposed as a new rule to re-adopt certain current forms (Form OFR-COM-101, Exhibit A to Form OFR-COM-101, and Form OFR-CCA-101) and to adopt certain new forms (Form OFR-559-101, and Form OFR-559-102) that replace existing forms. The ...

 

DEPARTMENT OF FINANCIAL SERVICES

Finance

RULE NO.:                            RULE TITLE:

69V-180.002                            Adoption of Forms

PURPOSE AND EFFECT: This rule is proposed as a new rule to re-adopt certain current forms (Form OFR-COM-101, Exhibit A to Form OFR-COM-101, and Form OFR-CCA-101) and to adopt certain new forms (Form OFR-559-101, and Form OFR-559-102) that replace existing forms. The effect of adoption of these forms will facilitate the application to the Office for registration by commercial collection agencies and consumer collection agencies, as well as the filing of complaints by consumers under the Florida Consumer Collection Practices Act, Chapter 560, Part VI, Florida Statutes.

SUMMARY: The proposed new rule re-adopts Form OFR-COM-101, Exhibit A to Form OFR-COM-101, and Form OFR-CCA-101. The proposed rule adopts new forms, Form OFR-559-101, and Form OFR-559-102 which replace existing forms, Form OFR-CCA-102 and Form OFR-CCA-103.

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: 1) No requirement for a SERC was triggered under Section 120.541(1) F.S.; and 2) The amendments will not exceed any one of the economic analysis criteria in a SERC, as set forth in Section 120.541(2)(a), F.S.

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: 559.545, 559.554, 559.555 FS.

LAW IMPLEMENTED: 559.542, 599.544, 559.545, 559.553, 559.555 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: C. Michael Marschall, Division of Consumer Finance, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69V-180.002 Adoption of Forms.

(1) The forms referred to in this section are incorporated by reference and adopted by this rule.  Forms adopted by this rule are available on the Office’s website at www.flofr.com, and by mail from the Office of Financial Regulation, 200 East Gaines Street, Tallahassee, Florida 32399-0376.

(a) Commercial Collection Agency Forms:

1. Registration of Commercial Collection Agency – Form OFR-COM-101, effective 05-01-04;

2. Exhibit A

3. State of Florida Commercial Collection Agency Surety Bond Form – Form OFR-CCA-101, effective 05-01-04.

(b) Consumer Collection Agency Forms:

1. Application for Registration as Consumer Collection Agency – Form OFR-559-101, effective __________;

2. Florida Consumer Collection Practices Act Complaint Form – Form OFR-559-102, effective ___________.

Rulemaking Authority 559.545, 559.554, 559.555 FS. Law Implemented 559.542, 599.544, 559.545, 559.553, 559.555, FS. History–New__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Gregory C. Oaks, Director, Division of Consumer Finance

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Financial Services Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 13, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 17, 2014