The amendments update the Office of Financial Regulation’s procedures regarding the indexing of final orders.

DEPARTMENT OF FINANCIAL SERVICES
Indexing Agency Orders

RULE NO: RULE TITLE
69T-8.001: Authority
69T-8.002: Purpose
69T-8.003: Public Inspection and Duplication
69T-8.004: Final Orders Required to be Indexed
69T-8.005: Listing of Final Orders
69T-8.006: Numbering of Final Orders
69T-8.007: System for Indexing Final Orders
69T-8.008: Maintenance of Records
69T-8.009: Accessibility of Final Orders
PURPOSE AND EFFECT: The amendments update the Office of Financial Regulation’s procedures regarding the indexing of final orders.
SUMMARY: The amendments update the Office of Financial Regulation's procedures regarding the indexing of final orders. The numbering of final orders is amended to more accurately reflect the subject areas of the Office. Rule 69T-8.003, F.A.C., relating to public inspection and copying of final orders, is repealed; however, the substance of this rule has been moved to Rule 69T-8.009, F.A.C., for clarity. Rule 69T-8.005, F.A.C., relating to listing of final orders is repealed; however, the substance of the rule has been incorporated into Rule 69T-8.004, F.A.C., for clarity. The amendments also update statutory references.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 288.99(14)(b), 494.0011(2), 516.23(3), 517.03(1), 520.994(5), 537.016(3), 560.105(2), 655.012(2) FS.
LAW IMPLEMENTED: 120.53 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Andrea Moreland, 200 East Gaines Street, Suite 118J, The Fletcher Building, Tallahassee, Florida 32399-0370, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

69T-8.001 Authority.

Rules 69T-8.001 through 69T-8.009, F.A.C., These rules regarding the indexing, management, preservation, and availability of final orders, are issued pursuant to Section 120.53, F.S., Section 120.533, F.S., and Chapter 1S-6, F.A.C., and have been approved by the Department of State pursuant to Section 120.53(1)(c) 120.53(2)(c), F.S.

Specific Authority 288.99(14)(b), 494.0011(2), 516.23(3), 517.03(1), 520.994(5), 537.016(3), 560.105(2), 655.012(2) 120.533(1)(f) FS. Law Implemented 120.53 120.53(2)-(4) FS. History–New 10-26-92, Formerly 3-8.001Amended________.

 

69T-8.002 Purpose.

The purpose of Rules 69T-8.001 through 69T-8.009, F.A.C., this chapter is to provide public access to and availability of final orders.

Specific Authority 288.99(14)(b), 494.0011(2), 516.23(3), 517.03(1), 520.994(5), 537.016(3), 560.105(2), 655.012(2) 120.533(1)(f) FS. Law Implemented 120.53(2)-(4) FS. History–New 10-26-92, Formerly 3-8.002, Amended________.

 

69T-8.003 Public Inspection and Duplication.

All final orders shall be made available from the Office of Financial Regulation for public inspection and copying in accordance with Section 119.07, F.S.

Specific Authority 120.533(1)(f) FS. Law Implemented 119.07, 120.53(2)-(4) FS. History–New 10-26-92, Formerly 3-8.003, Repealed________.

 

69T-8.004 Final Orders Required to be Indexed.

Final orders required to be indexed under Section 120.53(1)(a)2.c, F.S., are indexed in an electronic database that complies with Section 120.53(1)(a)2.b., F.S. Because the Office of Financial Regulation will be indexing its final orders through an electronic database, it will not be maintaining a hardcopy hierarchical subject-matter index of the orders. This action is taken in accordance with Section 120.53(1)(a)2.b., F.S. For purposes of this chapter, final orders and final decisions issued pursuant to Sections 120.565, 120.57(1), (2), and (3), F.S., and Chapter 60K-9, F.A.C., shall be indexed in an electronic data base.

Specific Authority 288.99(14)(b), 494.0011(2), 516.23(3), 517.03(1), 520.994(5), 537.016(3), 560.105(2), 655.012(2) 120.533(1)(f) FS. Law Implemented 120.53 120.53(2)-(4) FS. History–New 10-26-92, Formerly 3-8.004, Amended________.

 

69T-8.005 Listing of Final Orders.

As all final orders and final decisions issued pursuant to Sections 120.565, 120.57(1), (2), and (3), F.S., and Chapter 60K-9, F.A.C., shall be indexed in an electronic data base, the agency shall not maintain a list independent from the data base of any final orders.

Specific Authority 120.533(1)(f) FS. Law Implemented 120.53(2)-(4) FS. History–New 10-26-92, Formerly 3-8.005, Repealed________.

 

69T-8.006 Numbering of Final Orders.

(1) Final orders required to be indexed or listed will be numbered in accordance with the minimum indexing requirements specified in Rule 1S-6.002, F.A.C. In addition, the Office of Financial Regulation will add a suffix to the number representing the subject area designation. The numbering convention that will be used is as follows:

(a) Agency Designation. The Department of State has approved the agency designation of OFR for the Office of Financial Regulation.

(b) Two Part Number. The first part of the number represents the year that the order is issued. The second part of the number represents the numerical sequence of the order issued for that year beginning with the number “1” for each new calendar year. The first part of the number is separated from the second part by a dash.

(c) Order category. The OFR will use the categories specified in Rule 1S-6.002, F.A.C. In addition, the OFR will use the designation “OGA” to represent orders of general application issued under the Financial Institutions Codes, Title XXXVIII, Florida Statutes. The order category will be abbreviated as follows:

DFO        –        Default Final Order

DS           –        Declaratory statement

EIFO       –        Emergency Immediate Final Order to Cease and Desist

FOA       –        Final order application

FOI         –        Final order informal proceeding

FOF        –        Final order formal proceeding

S              –        Stipulation

AS          –        Agreed settlement

CO          –        Consent order

OGA       –        Order of general application

(d) Subject Area. The OFR will include one of the following subject area designations as a suffix:

B             –           Financial Institutions

F              –           Finance

I               –           Financial Investigations

M            –           Money Transmitters

S              –           Securities

(2) An example of a number assigned to represent the first order of general application issued in calendar year 2007 in the subject area of financial institutions is as follows:

    Agency Designation     Two-part number     Order Category        Subject Area

    OFR                             2007-1                     OGA                        B

(3) In the Office’s practice, all consent orders involve settlements. When an order is identified in the database as a “consent order,” the settlement that preceded the consent order is incorporated by reference in that consent order and is not separately indexed as an “agreed settlement.”

All final orders shall be sequentially numbered as rendered using a two-part number separated by a dash with the first part before the dash indicating the year and the second part indicating the numerical sequence of the order issued for that year beginning with number 1 each new calendar year. The assigned agency designation prefix, which is OFR, shall precede the two-part number. Immediately after the agency designation prefix, the agency shall include the division with jurisdiction abbreviated as follows:

AA – Division of Accounting and Auditing

A – Division of Administration

B – Division of Banking

F – Division of Finance

I – Division of Information Systems

S – Division of Securities and Investor Protection

After the two-part number, orders of general application shall be designated “GA” and responses to petitions for declaratory statement shall be designated “DS”.

Specific Authority 288.99(14)(b), 494.0011(2), 516.23(3), 517.03(1), 520.994(5), 537.016(3), 560.105(2), 655.012(2) 120.533(1)(f) FS. Law Implemented 120.53 120.53(2)-(4) FS. History–New 10-26-92, Formerly 3-8.006, Amended________.

 

69T-8.007 System for Indexing Final Orders.

(1) All final orders required to be indexed shall be maintained in an electronic database data base that allows users to search and retrieve the full text of agency orders by devising an ad hoc indexing system employing any logical terms in common usage which are contained in the orders of the agency.

(2) Persons desiring to search and retrieve agency orders may do so by contacting the agency clerk at [phone]. The index shall be cumulative, made accessible to the public, and shall be updated and made accessible to the public at least every 120 days. The index shall be cumulative beginning March 1, 1992.

(3) The agency clerk shall ensure that final orders are entered into the database data base.

Specific Authority 288.99(14)(b), 494.0011(2), 516.23(3), 517.03(1), 520.994(5), 537.016(3), 560.105(2), 655.012(2) 120.533(1)(f) FS. Law Implemented 288.99(14)(b), 494.0011(2), 516.23(3), 520.994(5), 537.016(3), 655.012(2) 120.53(2)-(4) FS. History–New 10-26-92, Formerly 3-8.007, Amended________.

 

69T-8.008 Maintenance of Records.

Final orders that comprise final agency action and that must be indexed pursuant to Section 120.53, F.S., this chapter shall be permanently maintained by the agency pursuant to the retention schedule approved by the Department of State, Division of Library and Information Services.

Specific Authority 288.99(14)(b), 494.0011(2), 516.23(3), 517.03(1), 520.994(5), 537.016(3), 560.105(2), 655.012(2) 120.533(1)(f) FS. Law Implemented 120.53 119.041(2), 120.53(2)-(4) FS. History–New 10-26-92, Formerly 3-8.008, Amended________.

 

69T-8.009 Accessibility of Final Orders.

(1) The agency shall make final orders accessible and available to the public by sequentially numbering and indexing final orders that are required to be indexed. The agency shall make the final orders available to the public for inspection and copying in accordance with Section 119.07, F.S.

(2) The agency clerk shall assist the public in obtaining information pertaining to final orders. The agency clerk may be contacted at [phone].

(3) The agency shall search and locate final orders required to be indexed.

(4) The agency maintains and stores such final orders in the offices of the agency at the Office of Financial Regulation, 200 E. Gaines Street, The Fletcher Building, Suite 526, Tallahassee, Florida. The office is open to the public between the hours of 8:00 a.m. and 5:00 p.m., excluding holidays and weekends.

Specific Authority 288.99(14)(b), 494.0011(2), 516.23(3), 517.03(1), 520.994(5), 537.016(3), 560.105(2), 655.012(2) 120.533(1)(f) FS. Law Implemented 120.53 120.53(2)-(4) FS. History–New 10-26-92, Formerly 3-8.009, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Andrea Moreland, 200 East Gaines Street, Suite 118J, The Fletcher Building, Tallahassee, Florida 32399-0370, [phone]
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Financial Services Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 13, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 22, 2006