DEPARTMENT OF FINANCIAL SERVICES
RULE NO.:RULE TITLE:
69V-180.002Adoption of Forms
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. 41 No. 65, April 3, 2015 issue of the Florida Administrative Register.
These changes are made in response to comments made by the Joint Administrative Procedures Committee and at a public hearing held on the rule on July 6, 2015.
69V-180.002 Adoption of Forms.
(1) No change.
(a) No change.
1. Registration of Commercial Collection Agency – Form OFR-COM-101, effective MM/DD/YYYY;
2. Exhibit A, effective MM/DD/YYYY; and available at http://www.flrules.org.
3. State of Florida Office of Financial Regulation Commercial Collection Agency Surety Bond Form – Form OFR-CCA-101, effective 05-01-04, available at http://www.flrules.org.
(b) Consumer Collection Agency Forms:
1. Application for Registration as Consumer Collection Agency – Form OFR-559-101, effective ___________, and available at http://www.flrules.org;
2. Florida Consumer Collection Practices Act Complaint Form – Form OFR-559-102, effective ___________ , and available at http://www.flrules.org.
(2) Each ultimate equitable owner of 10% or greater interest, each chief executive officer, each chief financial officer, chief operations officer, chief legal officer, chief compliance officer, control person, member, partner, joint venturer, and each director of an entity applying for registration as a consumer collection agency, shall submit a completed Biographical Summary Form OFR-559-101 to the Office of Financial Regulation.
The remainder of the rule reads as previously published.
The following changes have been made to incorporated forms:
Form OFR-COM-101:
Page 1 of Form OFR-COM-101 was revised to remove the word “certified” from the sentence located below the title of the form. The sentence now reads, “This form shall be accompanied by payment of a $500.00 non-refundable registration fee.” Form OFR-COM-101 was revised to reference the rule incorporating the form and a placeholder for the effective date was added to the bottom margin of the form.
Exhibit A:
At the bottom of Exhibit A, the Office added in necessary language to meet the requirements of section 119.071(5)(a)2.a., F.S. In the bottom margin of Exhibit A, the Office inserted language reflecting an effective date placeholder.
Form OFR-559-101:
The citation in the first paragraph of Page 1 on Form OFR-559-101 was changed to section 559.553(3), F.S.
On page 1 of Form OFR-559-101, a change was made to reflect the correct reference to Rule Chapter 69V-180.
On page 2 of Form OFR-559-101, in the section explaining question 3B, the Office added language specifying which applicants must submit a Biographical Summary.
On page 4 of Form OFR-559-101, Section B, a reference to section 559.55(4), F.S. was added.
On page 4 of Form OFR-559-101, in the second paragraph of Section B, the Office added in necessary language to meet the requirements of section 119.071(5)(a)2.a., F.S.
On page 5 of Form OFR-559-101, the signature portion of the application requiring a submission of an oath or affirmation under penalty of perjury was removed. The Office added in language found in section 836.07, F.S.
On page 10 of Form OFR-559-101, section 12, the Office changed the language to read, “In addition to the information requested in this DRP, provide documentation relating to the disposition of each matter. Such documentation includes certified copies of criminal convictions or administrative orders entered against you.”
FORM OFR-559-102:
A change to FORM OFR-559-102 was made to remove the sentence, “Under penalty of perjury pursuant to Section 837.06, F.S.,” found in the last paragraph.
