Rule 69V-85.001, F.A.C., is clarified to reflect that examination fees and other related costs are only assessed on examinations conducted outside of Florida. Rule 69V-85.111, F.A.C., is amended to provide a maximum penalty for violations of ...

DEPARTMENT OF FINANCIAL SERVICES
Finance

Rule No.: RULE TITLE
69V-85.001: Examination Fees
69V-85.111: Disciplinary Guidelines
PURPOSE AND EFFECT: Rule 69V-85.001, F.A.C., is clarified to reflect that examination fees and other related costs are only assessed on examinations conducted outside of Florida. Rule 69V-85.111, F.A.C., is amended to provide a maximum penalty for violations of Sections 520.995(1)(i), 520.995(1)(j), and 520.999(1), F.S., relating to failure to timely pay fees, charges, or fines; using the name or logo of a financial institution; and failure to report any change in information contained in an initial application or amendment.
SUBJECT AREA TO BE ADDRESSED: Retail Installment Sales.
SPECIFIC AUTHORITY: 520.994(5) FS.
LAW IMPLEMENTED: 520.03, 520.07, 520.08, 520.085, 520.09, 520.10, 520.125, 520.32, 520.34, 520.345, 520.35, 520.351, 520.36, 520.37, 520.52, 520.63, 520.69, 520.70, 520.71, 520.72, 520.73, 520.74, 520.76, 520.78, 520.785, 520.79, 520.80, 520.81, 520.82, 520.83, 520.84, 520.85, 520.86, 520.87, 520.88, 520.90, 520.91, 520.92, 520.995, 520.996, 520.997 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Andy Grosmaire, Chief, Bureau of Finance Regulation, Office of Financial Regulation, The Fletcher Building, 200 E. Gaines Street, Tallahassee, Florida 32399, [phone], [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

69V-85.001 Examination Fees.

For examinations conducted under Section 520.996(1)(b), F.S., the The Office of Financial Regulation shall charge $250 per eight hour day for each examiner engaged in an examination of any licensee under Chapter 520, F.S., Parts I-IV. Such examination fee shall be calculated on an hourly basis and shall be rounded to the nearest hour. The licensee shall also pay the travel expense and per diem subsistence allowance provided for state employees in Section 112.061, F.S. The licensee shall not be required to pay a per diem fee and expenses of an examination which shall consume more than 30 worker-days in any one year unless such examination or investigation is due to fraudulent practices of the licensee, in which case such licensee shall be required to pay the entire cost regardless of time consumed.

Rulemaking Specific Authority 520.994(5), 520.996(1) FS. Law Implemented 520.996(1)(b) 520.996(1) FS. History–New 11-25-90, Formerly 3D-85.001, Amended________.

 

69V-85.111 Disciplinary Guidelines.

Pursuant to Section 520.995(2), F.S., listed below is a range of disciplinary guidelines from which disciplinary penalties will be imposed upon persons guilty of violating Chapter 520, F.S. The disciplinary guidelines are based upon a single-act violation of each provision listed. Multiple acts of the violated provisions or a combination of violations may result in a higher penalty than that for a single, isolated violation. For purposes of this rule, the order of penalties, ranging from lowest to highest, is: reprimand, fine, probation, suspension, and revocation. Nothing in this rule shall preclude any discipline imposed upon a person pursuant to a stipulation or settlement agreement, nor shall the ranges of penalties set forth in this rule preclude the Office of Financial Regulation from issuing a letter of guidance when appropriate.

(1) No change.

(2) The minimum penalty for below listed sections is a reprimand, and/or a fine up to $1,000.00 per act or separate offense, or both. The maximum penalties are as listed:

(a) through (cccc) No change.

(dddd) 520.995(1)(i) – Revocation

(eeee) 520.995(1)(j) – Suspension

(ffff)(dddd) 520.995(3) – Revocation

(gggg)(eeee) 520.997(1) – Revocation

(hhhh)(ffff) 520.997(2) – Reprimand

(iiii)(gggg) 520.997(3) – Revocation

(jjjj) 520.999(1) – Revocation

(3) No change.

Rulemaking Specific Authority 520.994(5) FS. Law Implemented 520.03, 520.07, 520.08, 520.085, 520.09, 520.10, 520.125, 520.32, 520.34, 520.345, 520.35, 520.351, 520.36, 520.37, 520.52, 520.63, 520.69, 520.70, 520.71, 520.72, 520.73, 520.74, 520.76, 520.78, 520.785, 520.79, 520.80, 520.81, 520.82, 520.83, 520.84, 520.85, 520.86, 520.87, 520.88, 520.90, 520.91, 520.92, 520.995, 520.997 FS. History–New 3-20-91, Formerly 3D-85.111, Amended________.