DEPARTMENT OF FINANCIAL SERVICES
RULE NO.:RULE TITLE:
69V-180.032Effect of Law Enforcement Records on Applications for Consumer Collection Agency Registration
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-180.032 Effect of Law Enforcement Records on Applications for Consumer Collection Agency Registration.
(2) General Procedure Regarding Law Enforcement Records. At the time of submitting an Application for Registration as a Consumer Collection Agency, Form OFR-559-101, which is incorporated by reference in Rule 69V-180.002(1)(b)1, F.A.C., the applicant shall disclose on the application form any pending criminal charges and all criminal matters in which a control person has pled guilty or nolo contendere to, or has been convicted or found guilty, regardless of whether adjudication was withheld, of any crime. The applicant shall supply the Office with required documentation for each control person, as specified in this rule, relating to: 1) all criminal matters in which the control person has pled guilty or nolo contendere to, or has been convicted or found guilty, regardless of whether adjudication was withheld, of a class “A”, “B”, or “C” crime as described in paragraphs 15, 16, and 17 16, 17, and 18 of this rule, 2) any pending criminal charges for a control person relating to a class “A”, “B”, or “C” crime as described in this rule, or 3) evidence that such documentation cannot be obtained. Evidence that documentation cannot be obtained shall consist of a written statement on the letterhead of the agency that would be the custodian of the documents, signed by a representative of that agency, stating that they have no record of such matter, or that the record is lost or was damaged or destroyed, or otherwise stating why the document cannot be produced. The required documentation must be legible. Required documentation includes:
(4) Classification of Crimes.
(a) The Office makes a general classification of crimes into three classes: A, B and C, as listed in subsections (15), (16), and (17) (16), (17) and (18) of this rule.
(7) No change.
(a) No change.
1. One year is deducted if the probation officer or prosecuting attorney in the most recent crime states in a signed writing that the probation officer or prosecuting attorney believes the control person of the applicant would pose no significant threat to public welfare if registered as a Consumer Collection Agency.
Rulemaking Authority 559.554, 559.555, 559.5551, FS. Law Implemented 559.554(2)(b), 559.5551, 559.730 FS. History – New ________.
The remainder of the rule reads as previously published.
