Licensing Requirements, Security Requirements

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-13.002Licensing Requirements

5J-13.003Security Requirements

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 45 No. 46, March 7, 2019 issue of the Florida Administrative Register.

 

5J-13.002 Licensing Requirements.

(1) Applicants for licensure shall use FDACS-10111, Pawnbroking Registration Application, Rev. 04/19 01/19, 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-      .

(2) Pursuant to section 539.001(3)(c), F.S., the following persons are eligible for a waiver of the initial registration fee: Active duty military, an honorably discharged veterans of the United States Armed Forces, military the spouses or surviving spouses of such a veteran, a current member of the United States Armed Forces who has served on active duty, the spouse of such a member, the surviving spouse of a member of the United States Armed Forces if the member died while serving on active duty, or a business entity that has a majority ownership held by such a veteran or spouse or surviving spouse., Pursuant to section 539.001(3)(g), F.S., the following persons are eligible for a waiver of the renewal registration fee: an active duty member of the United States Armed Forces or the spouse of such member, a member of the United States Armed Forces who served on active duty within the 2 years preceding the renewal date, or the surviving spouse of a member of the United States Armed Forces if the member was serving on active duty at the time of death and died within the 2 years preceding the renewal. Persons seeking requesting a fee waiver of the initial or renewal registration fee pursuant to sections 539.001(3)(c), or (g), F.S., shall submit complete FDACS-10991, Military Fee Waiver Request, Rev. 10/18, incorporated by reference in rRule 5J-26.001, F.A.C., and provide all required documentation at the time the applicant submits the Pawnbroking Registration Application as referenced in subsection (1) 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, one of the following:

(a) Aa copy of their current financial statement prepared by a Florida certified public accountant;. or

(b) In lieu of the financial statement, a person may file an affidavit The Pawnbroking Net Worth Affidavit included in FDACS-10111, Pawnbroking Registration Application, Rev. 04/19, incorporated by reference in rule 5J-13.002, F.A.C., or an affidavit provided by the applicant, stating the applicant’s net worth is at least $50,000., Each affidavit must be accompanied by relevant supporting documentation to substantiate the figures therein, including: recent bank statements, the applicant’s most recent federal tax return, property tax documents, or any other documentation relied upon by reasonable persons in valuing the types of assets and liabilities set forth in the affidavit; or

(c) Iif the applicant is a corporation, a copy of their most recently filed federal tax return.

(2) If filing a bond, letter of credit, or assignment of certificate of deposit pursuant to section 539.001(4), F.S., the applicant shall use the application forms included in FDACS-10111, Pawnbroking Registration Application, Rev. 04/19 01/19, incorporated by reference in rule 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,            .