Rule amendment will delete obsolete rule language.

 

DEPARTMENT OF FINANCIAL SERVICES

Finance

RULE NO.:RULE TITLE:

69V-180.070Consumer Collection Agency Registration Renewal

PURPOSE AND EFFECT: Rule amendment will delete obsolete rule language.

SUMMARY: Chapter 2016-10, Laws of Florida (Reviser’s Bill) deleted obsolete language found in section 559.555, F.S. The rule amendments delete the corresponding obsolete rule language relating to renewal requirements for registrations expiring on December 31, 2014.

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.

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: 559.554, 559.555 FS.

LAW IMPLEMENTED: 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: Sheila Harley, [e-mail] or [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69V-180.070 Consumer Collection Agency Registration Renewal.

(1) Consumer Collection Agency registrations must be renewed in accordance with the provisions of Section 559.555, F.S.

(2) Renewal requirements for registrations expiring on December 31, 2014:

(a) Registrants shall submit a non-refundable renewal fee equal to the registration fee required in Section 559.555(2)(b), F.S.

(b) Registrants initially approved before October 1, 2014, shall submit fingerprints for each control person as defined in Section 559.55(4), F.S. for live-scan processing pursuant to Section 559.555(2)(c), F.S. Such fingerprints must be submitted before renewing a registration that is scheduled to expire December 31, 2014. Failure to submit such fingerprints within forty-five (45) days from the date of the request will result in the registration becoming expired. For purposes of this paragraph, each of the registrant’s control persons required to submit fingerprints shall submit such fingerprints to a live-scan vendor approved by the Florida Department of Law Enforcement and published on the Florida Department of Law Enforcement’s website (http://www.fdle.state.fl.us/Content/getdoc/941d4e90-131a-45ef-8af3-3c9d4efefd8e/Livescan-Service-Providers-and-Device-Vendors.aspx) for submission to the Florida Department of Law Enforcement and the Federal Bureau of Investigation for a state criminal background check and a Federal criminal background check. The cost of the fingerprinting process shall be borne by the registrant and paid directly to the live scan vendor. The Office shall screen the background results to determine if the registrant continues to meet the registration requirements of Section 559.555, F.S. Any request for additional information made by the Office must be received within forty-five (45) days from the date of the request. Failure to provide additional information requested by the Office within forty-five (45) days from the date of the request will result in the registration becoming expired.

(2)(3) Renewal requirements for registrations expiring on December 31, 2015 and thereafter:

(a) Registrants shall submit a non-refundable renewal fee equal to the registration fee required in Section 559.555(2)(b), F.S.

(b) Registrants shall submit a nonrefundable fee of $6.00 for each person reported to the Office as a control person as defined in Section 559.55(4), F.S. on the Application for Registration as Consumer Collection Agency, OFR-559-102, to cover the costs of fingerprint retention. Failure to remit all fees required in this paragraph by the registration expiration date will automatically result in the registration becoming expired.

Rulemaking Authority 559.554, 559.555 FS. Law Implemented, 559.555 FS. History–New 9-10-15, Amended ___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Greg Oaks

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 02, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 17, 2016