To update the Department’s rules to ensure that its rules are correct and comply with statutory requirements, in accordance with Section 120.74, F.S.

 

DEPARTMENT OF FINANCIAL SERVICES
Division of Accounting and Auditing

RULE NO.: RULE TITLE:
69I-23.003: Establishment of Revolving Fund

PURPOSE AND EFFECT: To update the Department’s rules to ensure that its rules are correct and comply with statutory requirements, in accordance with Section 120.74, FS.

SUMMARY: The change updates the procedures for requesting the establishment of, continuation of, or changes to the revolving fund. Further, the amendment revises the Department’s mailing address.

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.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) No requirement for a SERC was triggered under Section 120.541(1) and 2) The amendments will not exceed any one of the economic analysis criteria in a SERC, as set forth in Section 120.541(2)(a), FS.

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: 17.14, 17.29 FS.

LAW IMPLEMENTED: 216.271 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Wednesday, September 19, 2012, 9:30 a.m.

PLACE: Room 142, Larson Building, 200 East Gaines Street, Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Jennifer Pelham, [phone] or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jennifer Pelham, Financial Administrator, Bureau of Financial Reporting, Division of Accounting & Auditing, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0354, [phone] or [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

69I-23.003 Establishment, Changes, and Continuation of Revolving Fund.

(1) Requests to establish a revolving fund, to continue or to make changes to an existing revolving fund must be submitted in writing to the Department. Forms required may be obtained from the Department and rRequests should shall be sent to the:

Bureau of Financial Reporting Accounting

Department of Financial Finanical Services

200 East Gaines Street

Tallahassee, Florida 32399-0354

[phone]

(2) A request to establish a new revolving fund shall be on the Request to Establish – New Revolving Fund, Form No. DFS-A1-1823, rev. 03/08 which is hereby adopted and incorporated by reference. Such requests shall also include the following information, if applicable:

(a) through (k) No change.

(3) Requests for a change in or a continuation of an existing revolving fund shall be made by submitting the following forms: Request to Increase – Revolving Fund, Form DFS-A1-1821, rev. 03/08, the Request to Decrease – Revolving Fund, Form DFS-A1-1822, rev. 03/08, or the Request for Continuation – Revolving Fund, Form DFS-A1-1906, rev. 03/08, all of which are hereby adopted and incorporated by reference. Such requests shall include the following information, if applicable:

(a) The same information required in paragraphs (2)(a) through (d) herein.

(b) A schedule by month for the last 12 months (if fund has been in existence for less than 12 months, for the time it has been in existence) on the Schedule of Disbursements – Revolving Fund, Form No. DFS-AA-27, rev. 03/08 effective 3/88, which is hereby adopted and incorporated by reference and available from the Department, containing the following information:

1. through 5. No change.

(c) through (e) No change.

(4) through (6) No change.

Rulemaking Specific Authority 17.14, 17.29 FS. Law Implemented 216.011(1)(e), 216.271 FS. History–New 3-24-88, Amended 11-20-94, 1-27-98, Formerly 3A-23.003, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jennifer Pelham, Financial Administrator, Bureau of Financial Reporting, Division of Accounting & Auditing, Department of Financial Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 9, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 8, 2012