Guidelines for Imposing Administrative Penalties

 

DEPARTMENT OF FINANCIAL SERVICES

Finance

RULE NO.:RULE TITLE:

69V-180.100Guidelines for Imposing Administrative Penalties

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-180.100 Disciplinary Guidelines.

(1) Pursuant to Section 559.730(7), F.S., guidelines applicable to each ground for disciplinary action that may be imposed by the Office against a person for a violation of Part VI, Chapter 559, F.S. are hereby adopted. The disciplinary guidelines are contained in “Office of Financial Regulation, Division of Consumer Finance, Disciplinary Guidelines for Consumer Collection Agencies”, which is hereby incorporated by reference, effective MM/DD/YYYY. A copy of the disciplinary guidelines is 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 and at http://www.flrules.org. In determining an appropriate penalty within the range of penalties prescribed in the guidelines for each violation as based upon the citation number, the Office shall consider subsection (2) and (3). For the purpose of this rule and the guidelines, the term “citation” means any written notice provided to and received by the registrant that specifies a violation of Chapter 559, F.S., or any rule promulgated under that chapter.

(3) No change.

a. No change.

5. If the consumer collection agency is responsive to the Office’s requests or inquiries or made no attempt to impede or delay provided substantial assistance to the Office in its examination or investigation of the underlying misconduct; or

 

The remainder of the rule reads as previously published.

 

The following changes have been made to incorporated forms:

Office of Financial Regulation, Division of Consumer Finance, Disciplinary Guidelines for Consumer Collection Agencies:

The Office revised rows 27-40 of the Disciplinary Guidelines to reflect the correct statutory citations.

The Office revised row 28 of the Disciplinary Guidelines to reflect the correct language as found in the cited statute.

The Office inserted language in the header section of each page of the Disciplinary Guidelines indicating a placeholder for the effective date.