reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-180 - COLLECTION AGENCIES › Section 69V-180.040 - Consumer Collection Agency Complaint Form and Procedures

Current through Reg. 50, No. 138; July 16, 2024
Each consumer desiring to file a complaint against a consumer
				  collection agency shall submit to the Office of Financial Regulation a
				  completed Florida Consumer Collection Practices Act Complaint form, Form
				  OFR-559-102, effective 09-09-2015, which is hereby incorporated by reference,
				  and also incorporated by reference in Rule
				  69V-180.002, F.A.C., and
				  available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-05815
.
				  Such form shall be filed with the Office of Financial Regulation, 200 East
				  Gaines Street, Tallahassee, Florida 32399-0370.
Rulemaking Authority 559.725(3) FS. Law Implemented 559.72,
					 559.725(3) FS.
New 2-15-94, Formerly 3D-180.040, Amended 10-25-11,
					 9-10-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-180 - COLLECTION AGENCIES › Section 69V-180.050 - Consumer Collection Agency Registration Renewal Form and Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 17.29 FS. Law Implemented 559.553(2),
					 559.555(3) FS.
New 1-1-95, Amended 2-5-01, Formerly 3D-180.050, Repealed
					 7-1-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-180 - COLLECTION AGENCIES › Section 69V-180.060 - Commercial Collection Agency Registration Renewal Form and Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 17.29 FS. Law Implemented 559.544(2),
					 559.545 FS.
New 1-1-95, Amended 2-5-01, Formerly 3D-180.060, Repealed
					 7-1-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-180 - COLLECTION AGENCIES › Section 69V-180.070 - Consumer Collection Agency Registration Renewal

Current through Reg. 50, No. 138; July 16, 2024
(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, 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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-180 - COLLECTION AGENCIES › Section 69V-180.080 - Consumer Collection Agency Records

Current through Reg. 50, No. 138; July 16, 2024
A registrant shall, at a minimum, maintain all records
				  specified in this rule. Records shall be kept current to within one week of the
				  current date. Computerized records that contain the equivalent of the
				  information required to be maintained by this rule are acceptable. The
				  following records shall be maintained:
(1) A copy of the contract or agreement that
				the registrant will use with its creditors.
(2) Records relating to the referrals made by
				a creditor to the registrant, identifying the name of the debtors, and the
				amount of the debt owed by each.
(3) The debtor's account of activity
				disclosing the following:
(a) The name and
				address of the debtor;
(b) The date
				that the account was referred or acquired and the account number;
(c) The actual amount of the claim submitted
				by the creditor;
(d) The name and
				address of the creditor or a means of identifying this information by code or
				account number; and,
(e) A record
				of payments made by the debtor, including the date received and the amount and
				balance owing;
(f) A record of
				outbound contacts or attempted contacts by the registrant with the debtor
				including:
1. The full name of the
				debtor;
2. The date and time the
				contact was placed or received;
3.
				The phone number dialed if placing an outgoing phone call;
4. The disposition of the phone
				call;
5. The name of the person (or
				alias name of the person) making or attempting to make
				contact.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-180 - COLLECTION AGENCIES › Section 69V-180.090 - Consumer Collection Agency Records Retention and Destruction

Current through Reg. 50, No. 138; July 16, 2024
(1) All books, accounts, records, documents,
				and receipts must be maintained for at least 3 years from the date the consumer
				satisfied the debt being collected or the registrant has ceased collection
				efforts from the consumer.
(2) A
				registrant must have written policies and procedures for the secure handling of
				all consumer documents and information received in the course of collecting a
				debt from a consumer. Such procedures must include, at a minimum, the following
				steps, as appropriate:
(a) A secure method of
				destroying consumer information, such as those prescribed in 16 C.F.R. Part 682
				(2011), which relates to disposal of consumer report information and records
				under section 216 of the Fair and Accurate Credit Transactions Act of 2003.
				Federal regulation 16 C.F.R. Part 682 (2011), available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-00311
,
				is incorporated by reference in this rule.
(b) Maintaining records of the destruction
				including which records were destroyed, when were the records destroyed, where
				were the records destroyed, and who destroyed the
				records.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-559 - FINANCIAL TECHNOLOGY SANDBOX › Section 69V-559.1000 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to
				Section 559.952(10),
				F.S., disciplinary guidelines applicable to each ground for disciplinary action
				that may be imposed by the Office against a person for a violation of Section
				559.952, F.S., are hereby
				adopted. The disciplinary guidelines are contained in Office of Financial
				Regulation, Division of Consumer Finance, Form OFR-559-FTS-007, Disciplinary
				Guidelines for Financial Technology Sandbox Innovator, which is hereby
				incorporated by reference, effective 01/2021. A copy of the disciplinary
				guidelines is available on the Office's website at
www.flofr.gov
and
http://www.flrules.org/Gateway/reference.asp?No=Ref-12587
.
(2) The Office shall consider the following
				circumstances in determining an appropriate penalty within the range of
				penalties prescribed in the disciplinary guidelines for each violation. The
				Office shall also consider the circumstances when determining whether a
				deviation from the range of penalties in the disciplinary guidelines is
				warranted:
(a) The following circumstances are
				considered mitigating factors which will be used to reduce the penalty:
1. The violation rate is less than 5% when
				compared to the overall sample size reviewed;
2. The disciplinary history of the
				licensee;
3. The licensee detected
				and voluntarily instituted corrective action or measures to avoid the
				recurrence of the violation prior to the detection and intervention by the
				Office;
4. The violation is
				attributable to a single person or employee, and the licensee or person removed
				or otherwise disciplined the individual prior to detection or intervention by
				the Office;
5. The person is
				responsive to the Office's requests or inquiries or made no attempt to impede
				or delay the Office in its examination or investigation of the underlying
				misconduct; or
6. Other relevant,
				case-specific circumstances.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-559 - FINANCIAL TECHNOLOGY SANDBOX › Section 69V-559.1012 - Adoption of Forms

Current through Reg. 50, No. 138; July 16, 2024
(1) The following
				forms are incorporated by reference and adopted by this rule for the purposes
				of Rules 69V-559.1000 -.800, F.A.C.:
(a) Application for Licensure as a Financial
				Technology Sandbox Innovator, Form OFR-559-FTS-001, effective 02-2023, and
				available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15135
.
(b) Financial Technology Sandbox Innovator
				Location Notification Form, Form OFR-559-FTS-002, effective 01/2021, and
				available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-12582
.
(c) Financial Technology Sandbox Innovator
				Extension Request Form, Form OFR-559-FTS-003, effective 01/2021, and available
				at
http://www.flrules.org/Gateway/reference.asp?No=Ref-12583
.
(d) Financial Technology Sandbox Innovator
				Bi-Annual Report Form, Form OFR-559-FTS-004, effective 01/2021, and available
				at
http://www.flrules.org/Gateway/reference.asp?No=Ref-12584
.
(e) Financial Technology Sandbox Innovator
				(Money Services Business) Pledge Agreement, Form OFR-559-FTS-005, effective
				02-2023, and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15136
.
(f) Financial Technology Sandbox Innovator
				(Money Services Business) Surety Bond, Form OFR-559-FTS-006, effective 02-2023,
				and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15137
.
(g) Request for Exemption from Electronic
				Filing Requirements, Form OFR-559-FTS-008, effective 01/2021, and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-12628
.
(h) Financial Technology Sandbox Innovator
				(Consumer Finance Company) Surety Bond, Form OFR-559-FTS-009, effective
				02-2023, and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15138
.
(i) Financial Technology Sandbox Innovator
				(Consumer Finance Company) Pledge Agreement, Form OFR-559-FTS-010, effective
				02-2023, and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15139
.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-559 - FINANCIAL TECHNOLOGY SANDBOX › Section 69V-559.1013 - Electronic Filing of Forms and Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) For
				purposes of this rule, "REAL System" means the Office of Financial Regulation's
				Regulatory Enforcement and Licensing System, which is accessible through the
				Office's website at
www.flofr.gov
.
(2) All forms adopted under paragraphs
				69V-559.1012(1)(a) through
				(1)(d), F.A.C., must be filed electronically
				with the Office through the REAL system.
(3) All fees required to be filed with the
				Office under rule Chapter 69V-559, F.A.C., must be paid electronically through
				the REAL System.
(4) Any person may
				request an exemption from the electronic filing requirements of this rule due
				to a technological or financial hardship by submitting Form OFR-559-FTS-08,
				Request for Exemption from Electronic Filing Requirements, to: Office of
				Financial Regulation, Division of Consumer Finance, Bureau of Registration, 200
				E. Gaines Street, Tallahassee, Florida 32399-0351. The Office of Financial
				Regulation will provide any person granted an exemption under this subsection
				with instructions on how to file forms and fees in paper format. Form
				OFR-559-FTS-08, is incorporated by reference in Rule
				69V-559.1012,
				F.A.C.
Rulemaking Authority 559.952(5), 559.952(8), 559.952(11)(a)
					 FS. Law Implemented 559.952(4)(a),
					 559.952(5),
					 559.952(7)(a),
					 559.952(7)(b),
					 559.952(8),
					 559.952(9),
					 559.952(11)(a)
					 FS.
New 1-18-21.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-559 - FINANCIAL TECHNOLOGY SANDBOX › Section 69V-559.1021 - Application Evaluation

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon review of
				all application information, if the Office determines that the application is
				complete, the applicant will be notified by email of the application completion
				date and the date the Office must approve or deny the license
				application.
(2) Following a
				determination that the application is complete, the Office shall review all
				application information and evaluate the information by using the following
				factors:
(a) The nature of the innovative
				financial product or service proposed to be made available to consumers in the
				Financial Technology Sandbox, including all relevant technical details. At a
				minimum, this includes the following:
1. A
				full technical description of the innovative financial product or
				service;
2. How the product or
				service will be delivered to customers;
3. How customers will interact with the
				applicant;
4. How the product or
				service will benefit customers;
5.
				How the product or service is different from other products or services
				available in this state;
6. All
				technical specifications necessary to determine that the applicant has
				adequately developed the product or service and can handle the anticipated
				volume of customer transactions; and
7. A copy of the test plan and results
				demonstrating that the applicant has satisfactorily tested the information
				technology platform and approved it for production.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-559 - FINANCIAL TECHNOLOGY SANDBOX › Section 69V-559.103 - Application for Branch Offices and Appointment of Authorized Vendors

Current through Reg. 50, No. 138; July 16, 2024
(1) A licensee that indicates in Question 1
				of its initial application that it intends to offer a product or service under
				Part II of Chapter 560, F.S., and that commences operations at branch offices
				or through authorized vendors in this state, shall submit the following for
				each branch office or authorized vendor:
(a)
				Financial Technology Sandbox Innovator Location Notification Form, Form
				OFR-559-FTS-002; and,
(b) A $38
				nonrefundable fee as required in Section
				560.143(1)(c) or
				(d), F.S.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-559 - FINANCIAL TECHNOLOGY SANDBOX › Section 69V-559.104 - Changes to License Information

Current through Reg. 50, No. 138; July 16, 2024
In accordance with the Section
				  559.952(5)(g),
				  F.S., and as applicable to the business entity's activities:
(1) Each person licensed under Section
				559.952, F.S., that proposes to
				change the information contained in any initial application form, including any
				document submitted as a part of Rule
				69V-559.102, F.A.C., or any
				amendment thereto, must file an amendment pursuant to Section
				559.952(5)(g),
				F.S., no later than thirty (30) days after the effective date of the change by
				submitting an Application for Licensure as Financial Technology Sandbox
				Innovator, Form OFR-559-FTS-001, which is incorporated by reference in Rule
				69V-559.1012, F.A.C., through
				the Office's REAL System in accordance with Rule
				69V-559.1013, F.A.C.
(2) If the amendment filed in subsection (1)
				includes the addition of a natural person not currently listed on the
				application, the natural person must comply with the fingerprinting
				requirements in accordance with Rule
				69V-559.102, F.A.C., within
				fifteen (15) days after filing the amendment.
(3) Form OFR-559-FTS-001 is incorporated by
				reference in Rule 69V-559.1012,
				F.A.C.
Rulemaking Authority 559.952(5), 559.952(11)(a) FS. Law
					 Implemented 559.952(5), 559.952(11)(a)
					 FS.
New 1-18-21.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-559 - FINANCIAL TECHNOLOGY SANDBOX › Section 69V-559.105 - Application for Extension

Current through Reg. 50, No. 138; July 16, 2024
(1) In accordance
				with Sections 559.952(7)(a) and
				(b), F.S., a licensee who wishes to apply for
				one extension for 12 additional months may apply by submitting the following:
(a) Financial Technology Sandbox Innovator
				Extension Request, Form OFR-559-FTS-003, no sooner than 180 days, but no later
				than ninety (90) days, prior to the conclusion of its initial sandbox
				period;
(b) One half ($375) of the
				renewal fee as required by Section
				560.143(2)(a),
				F.S., if the applicant indicated in Question 1 of its initial application that
				it intended to offer a product or service under Chapter 560, F.S.;
				or,
(c) One half ($312) of the
				renewal fee as required by Section
				516.03(1),
				F.S., if the applicant indicated in Question 1 of its initial application that
				it intended to offer a product or service under Chapter 516, F.S.;
				or,
(d) One half ($687) of both
				renewal fees as required by paragraphs (b) and (c) above, if the applicant
				indicated in Question 1 of its initial application that it intended to offer a
				product or service under both Chapters 560 and 516, F.S.;
(e) The current status of the factors
				previously considered in the initial application as required in paragraphs
				69V-559.1021(2)(a)
				-(g), F.A.C.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-559 - FINANCIAL TECHNOLOGY SANDBOX › Section 69V-559.200 - Operation of the Financial Technology Sandbox

Current through Reg. 50, No. 138; July 16, 2024
In accordance with Section
				  559.952(6)(c),
				  F.S., the Office may enter into an agreement with a state, federal, or foreign
				  regulatory agency to allow licensees under the Financial Technology Sandbox to
				  make their products or services available in other jurisdictions. The agreement
				  shall be in the form of a mutually agreed Memorandum of Understanding which
				  includes at a minimum:
(1) The terms
				by which a licensee may offer its products or services in such jurisdiction so
				long as it holds an active sandbox license in this state;
(2) Any restrictions imposed on the licensee
				by the state, federal, or foreign regulatory agency;
(3) The effective date and expiration date of
				the agreement;
(4) Identification
				of the licensee's information maintained by the Office that may be shared with
				the state, federal, or foreign regulatory authority;
(5) A statement that the state, federal, or
				foreign regulatory authority has sufficient public records exemptions to
				protect the licensee's information consistent with Section 559.952(5)(h)1.,
				F.S.; and
(6) The name, address,
				telephone number, and email address of contact person for both parties for
				questions related to the agreement.
Rulemaking Authority 559.952(6)(c), 559.952(11)(a) FS. Law
					 Implemented 559.952(5)(h), 559.952(6)(c), 559.952(11)(a)
					 FS.
New 1-18-21.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-559 - FINANCIAL TECHNOLOGY SANDBOX › Section 69V-559.201 - Bi-Annual Reports

Current through Reg. 50, No. 138; July 16, 2024
(1) In accordance
				with Section 559.952(8),
				F.S., after the first 180 days of licensure and every 180 days thereafter, so
				long as the license is active, each licensee shall submit a complete and
				accurate Bi-Annual Report to the Office by filing a Form OFR-559-FTS-004,
				Bi-Annual Report Form, electronically through the Office's REAL System at
www.flofr.gov
. A completed Bi-Annual Report
				form must be received by the Office no later than forty-five (45) days after
				the conclusion of each 180-day period.
(2) Form OFR-559-FTS-004 is incorporated by
				reference in Rule 69V-559.1012,
				F.A.C.
Rulemaking Authority 559.952(8), 559.952(11)(a) FS. Law
					 Implemented 559.952(8), 559.952(11)(a)
					 FS.
New 1-18-21.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-559 - FINANCIAL TECHNOLOGY SANDBOX › Section 69V-559.300 - Net Worth, Bond, and Liquid Assets

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				licensee offering products or services under Chapter 560, F.S., must maintain a
				minimum net worth at all times. The minimum net worth amount is determined
				based on the maximum number of consumers as authorized by the Office to receive
				the innovative financial product or service. See table below to determine the
				minimum amount of net worth:
Total Number of Consumers
Required Amount of Net Worth
0 - 7,500
$25,000
7,501 - 15,000
$50,000
15,001 - 20,000
$75,000
20,001 - 25,000
$100,000
(2)
				A licensee offering products or services under Chapter 560, F.S., must maintain
				a surety bond or alternative security device at all times. Only alternative
				security devices allowed in Section
				560.209, F.S., may be
				substituted for a surety bond. See table below to determine the minimum amount
				of surety bond or alternative security device:
Total Number of Consumers
Required Minimum Amount
0 - 7,500
$75,000
7,501 - 15,000
$150,000
15,001 - 20,000
$200,000
20,001 - 25,000
$250,000
(3)
				A licensee offering products or services under Chapter 516, F.S., must provide
				evidence from an insured financial institution that the liquid assets in the
				amount of $25,000 are on deposit with the institution and held solely for the
				purpose of licensure. In lieu of liquid assets, one of the following
				alternative collateral devices may be submitted with the application:
(a) A certificate of deposit pledged to the
				Office in the amount of $25,000 for this location.
The certificate of deposit must be deposited in a financial
				  institution as defined in Section
				  655.005(1)(i),
				  F.S. An original of Form OFR-559-FTS-010, incorporated by reference in Rule
				  69V-559.1012, F.A.C., must be
				  submitted to the Office with the application.
(b) An irrevocable letter of credit in the
				amount of $25,000 for this location. The irrevocable letter of credit must be
				issued by a financial institution as defined in Section
				655.005(1)(i),
				F.S.
(c) A surety bond in the
				amount of at least $25,000. A consumer finance company with at least one
				currently licensed location must provide to the Office a rider or surety bond
				in an amount of at least $5,000 for each additional license. However, the
				aggregate amount of the surety bond required for a consumer finance company
				with multiple licenses may not exceed $100,000. The surety bond or rider must
				be issued by a bonding company or insurance company authorized to do business
				in this state. An original of Form OFR-559-FTS-009, incorporated by reference
				in Rule 69V-559.1012, F.A.C., must be
				submitted with the application.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-559 - FINANCIAL TECHNOLOGY SANDBOX › Section 69V-559.800 - Conclusion of Sandbox Period and Business Operations

Current through Reg. 50, No. 138; July 16, 2024
(1) In accordance with Section
				559.952(7)(c),
				F.S., written notification to consumers regarding the conclusion of the initial
				or extended sandbox period must be provided in the following manner:
a. Electronic notification via email or text
				messages, provided the email address or phone number used for the notification
				was provided by the customer as a part of the account creation or maintenance
				process, and the email address or phone number has been verified by the
				licensee as belonging to the customer; or
b. A letter sent First Class mail through the
				United States Postal Service.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.1000 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to
				Section 560.1141, F.S., disciplinary
				guidelines applicable to each ground for disciplinary action that may be
				imposed by the Office against a person for a violation of Chapter 560 F.S., are
				hereby adopted. The disciplinary guidelines are contained in Office of
				Financial Regulation, Division of Consumer Finance, Form OFR-560-09,
				Disciplinary Guidelines for Money Services Businesses, which is hereby
				incorporated by reference, effective 03-2024. A copy of the disciplinary
				guidelines is available on the Office's website at
www.flofr.gov
and
http://www.flrules.org/Gateway/reference.asp?No=Ref-16452
.
				For the purpose of this rule and the disciplinary guidelines, the term
				"citation" means: a notice of non-compliance; written agreement; or final order
				docketed by the agency that specifies a violation of Chapter 560, F.S., or any
				rule promulgated under that chapter.
(2) Consistent with the disciplinary
				guidelines contained in the Office of Financial Regulation, Division of
				Consumer Finance, Form OFR-560-09, Disciplinary Guidelines for Money Services
				Businesses, the Office may issue: a written agreement which includes an
				administrative fine, but not adopted by final order; orders to revoke or
				suspend a license; orders to impose an administrative fine; orders of
				prohibition; orders of removal; orders denying applications; notices of
				non-compliance; and/or bring an action for injunction. Also, consistent with
				the disciplinary guidelines, to determine penalties, the Office may consider
				the combined effect of violations.
(a) For
				first citations identified in the disciplinary guidelines as minor violations,
				the Office shall issue a notice of non-compliance except when the Office
				identifies aggravating circumstances that would warrant a more severe
				penalty.
(b) For second citations
				identified in the disciplinary guidelines as minor violations, the Office may
				issue a written agreement which is not adopted by final order imposing an
				administrative fine. Written agreements may be used only when the violations
				are limited to minor violations.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.101 - Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 560.105(3) FS. Law Implemented
					 560.204, 560.303(1), 560.403 FS.
New 9-24-97, Amended 11-4-01, Formerly 3C-560.101, Repealed
					 1-13-09.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.1012 - Adoption of Forms

Current through Reg. 50, No. 138; July 16, 2024
(1) The following
				forms are incorporated by reference and readopted by this rule for the purposes
				of Rules 69V-560.102 -.913, F.A.C.:
(a) Application for Licensure as a Money
				Services Business, Form OFR-560-01, effective 02-2023, and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15141
.
(b) Location Notification Form, Form
				OFR-560-02, effective January 13, 2009.
(c) Declaration of Intent to Engage in
				Deferred Presentment Transactions, Form OFR-560-03, effective 02-2023, and
				available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15142
.
(d) Money Services Business Quarterly Report
				Form, Form OFR-560-04, effective 02-2023, and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15143
.
(e) Pledge Agreement, Form OFR-560-05,
				effective January 13, 2009.
(f)
				Money Services Business Surety Bond Form, Form OFR-560-06, effective January
				13, 2009.
(g) Security Device
				Calculation Form, Form OFR-560-07, effective 02-2023, and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15144
.
(h) Request for Exemption from Electronic
				Filing Requirements, Form OFR-560-08, effective March 16, 2011,
http://www.flrules.org/Gateway/reference.asp?No=Ref-00145
.
(i) Money Services Business Attestation Form,
				Form OFR-560-10, effective 08-2023, and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15702
.
(j) Currency Transaction Report, FinCEN Form
				112, effective February 15, 2018.
(k) Suspicious Activity Report by Money
				Services Business, FinCEN Form 111, effective June 22, 2018.
(l) Report of International Transportation of
				Currency or Monetary Instruments, FinCEN Form 105, effective July
				2017.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.1013 - Electronic Filing of Forms and Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) For
				purposes of this rule, "REAL System" means the Office of Financial Regulation's
				Regulatory Enforcement and Licensing System, which is accessible through the
				Office's website at
www.flofr.gov
.
(2) All forms adopted under paragraphs
				69V-560.1012(1)(a) through (1)(d), (1)(g), and
				(1)(i), F.A.C., must be filed electronically
				with the Office through the REAL system.
(3) All fees required to be filed with the
				Office under Chapter 69V-560, F.A.C., must be paid electronically through the
				REAL System.
(4) Any person may
				request an exemption from the electronic filing requirements of this rule due
				to a technological or financial hardship by submitting Form OFR-560-08, Request
				for Exemption from Electronic Filing Requirements, to: Office of Financial
				Regulation, Division of Consumer Finance, Bureau of Registration, 200 E. Gaines
				Street, Tallahassee, Florida 32399-0351. The Office of Financial Regulation
				will provide any person granted an exemption under this subsection with
				instructions on how to file forms and fees in paper format. Form OFR-560-08 is
				incorporated by reference in Rule
				69V-560.1012,
				F.A.C.
Rulemaking Authority 560.105 FS. Law Implemented 560.105,
					 560.1115, 561.118, 560.141, 560.1401, 560.142, 560.143, 560.208, 560.2085,
					 560.205, 560.209 FS.
New 1-13-09, Amended 3-16-11, 11-28-19,
					 8-3-23.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.1021 - Effect of Law Enforcement Records on Applications for Money Services Business Licensure

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions. For
				purposes of this rule:
(a) "Relevant persons"
				means each control person of the money services business applicant. If the
				applicant is a natural person, he or she is the relevant person under this
				rule.
(b) "Trigger date" means the
				date on which an applicant was found guilty, or pled guilty, or pled nolo
				contendere to a crime.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.103 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of this chapter, the following definitions
				  shall apply:
(1) "FinCEN" means the
				Financial Crimes Enforcement Network of the United States Treasury
				Department.
(2) "Holiday" means
				such days as are designated by Section
				110.117, F.S.
(3) "Quarter" and "quarterly" mean March 31,
				June 30, September 30, and December 31 of each calendar year.
(4) "Check cashing database" means the
				statewide, real time, online check cashing database required by Section
				560.310(4),
				F.S.
(5) "Deferred presentment
				database" means the deferred presentment transaction database required by
				Section 560.404(24),
				F.S., also known as the "FLADPP."
(6) The term "check cashing database vendor"
				means the vendor which is contracted by the Office for the purpose of
				administering, operating and maintaining the check cashing database.
(7) The term "deferred presentment database
				vendor" means the vendor which is contracted by the Office for the purpose of
				administering, operating and maintaining the deferred presentment
				database.
Rulemaking Authority 560.105 FS. Law Implemented 560.103,
					 560.118, 560.1235, 560.309, 560.310, 560.404
					 FS.
New 9-24-97, Amended 11-4-01, Formerly 3C-560.103, Amended
					 9-14-04, 7-15-07, 1-13-09, 11-28-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.104 - Application Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 560.105(3) FS. Law Implemented
					 560.205(2), 560.306, 560.307, 560.403
					 FS.
New 9-24-97, Amended 11-4-01, Formerly 3C-560.104, Amended
					 7-15-07, Repealed 1-13-09.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.105 - Regulatory Standards for Evaluating Applications (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 560.105(3) FS. Law Implemented
					 560.109, 560.114, 560.205, 560.206, 560.306
					 FS.
New 9-24-97, Amended 11-4-01, Formerly 3C-560.105, Amended
					 7-15-07, Repealed 1-13-09.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.107 - Application for Branch Office and Appointment of Authorized Vendors

Current through Reg. 50, No. 138; July 16, 2024
(1) Every licensee that commences operations
				at branch offices or through authorized vendors in this state shall:
(a) File a completed Form OFR-560-02
				(Location Notification Form) for each branch office or authorized
				vendor;
(b) Submit the
				non-refundable fee for each branch office or authorized vendor as prescribed in
				Section 560.143,
				F.S.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.108 - Declaration of Intent to Engage in Deferred Presentment Transactions

Current through Reg. 50, No. 138; July 16, 2024
(1) A person who seeks to act as a deferred
				presentment provider shall:
(a) Be licensed
				pursuant to part II or Part III of chapter 560, F.S., and must at all times
				thereafter remain licensed pursuant to part II or Part III; and,
(b) Submit a completed Form OFR-560-03
				(Declaration of Intent to Engage in Deferred Presentment Transactions) together
				with the required nonrefundable fee for deferred presentment
				providers.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.202 - Regulatory Standards for Evaluating Notices of Change of Control (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 560.105(3) FS. Law Implemented
					 560.109, 560.114, 560.127, 560.205, 560.206, 560.306
					 FS.
New 9-24-97, Amended 11-4-01, Formerly 3C-560.202, Repealed
					 7-15-07.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.301 - Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 560.105(3) FS. Law Implemented
					 560.207, 560.308, 560.403 FS.
New 9-24-97, Amended 11-4-01, Formerly 3C-560.301, Repealed
					 7-15-07.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.302 - Renewal Fees, Deadlines, and Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Chapter 560, F.S., licenses must be
				renewed in accordance with the provisions of Sections
				560.142 and
				560.1115, F.S.
(2) If the Office does not receive the
				renewal fees required in Section
				560.143(2),
				F.S., and Money Services Business Attestation Form, Form OFR-560-10, on or
				before the license expiration date, the license shall revert from active to
				inactive status. The inactive license may be reinstated within sixty (60) days
				after becoming inactive upon submission of the required renewal fees including
				late renewal fees required in Section
				560.143(3),
				F.S., and Money Services Business Attestation Form, Form OFR-560-10. A license
				that is not reinstated within sixty (60) days after becoming inactive
				automatically expires and a new application must be filed with the Office
				pursuant to Chapter 560, F.S. For purposes of this rule, the fingerprint
				retention fees required in Section
				560.143(2)(g),
				F.S, are $12.00 for each person currently listed in the records of the Office
				in question 5G of the Application for Licensure as a Money Services Business,
				Form OFR-560-01, which is incorporated by reference in Rule
				69V-560.1012, F.A.C.
(3) All fees required to be filed under this
				rule shall be filed electronically through the Office's REAL System at
www.flofr.gov
. Any person may request an
				exemption from the electronic filing requirements of this rule due to a
				technological or financial hardship by submitting Form OFR-560-08, Request for
				Exemption from Electronic Filing Requirements, to: Office of Financial
				Regulation, Division of Consumer Finance, Bureau of Registration, 200 East
				Gaines Street, Tallahassee, FL 32399-0376. The Office will provide any person
				granted an exemption from the electronic filing requirement with instructions
				on how to file the renewal fees in paper format. Form OFR-560-08 is
				incorporated by reference in Rule
				69V-560.1012, F.A.C.
(4) If any date established in accordance
				with Section 560.142, F.S., falls on a
				Saturday, Sunday, or legal holiday pursuant to Section
				110.117, F.S., the required
				renewal fees and any applicable late fees must be received by the Office by the
				close of business on the next business day.
(5) Form OFR-560-10 is incorporated by
				reference in Rule 69V-560.1012,
				F.A.C.
Rulemaking Authority 560.105,
					 560.1115,
					 560.142, 560.143 FS. Law
					 Implemented 560.1115, 560.142,
					 560.403,
					 560.141,
					 560.143
					 FS.
New 9-24-97, Amended 12-30-98, 11-4-01, Formerly
					 3C-560.302, Amended 7-15-07, 1-13-09, 1-2-14, 11-28-19,
					 8-3-23.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.303 - Renewal Application Forms, Procedures and Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 560.105(3) FS. Law Implemented
					 560.114(1), 560.205(2), (3), 560.207, 560.305, 560.308
					 FS.
New 9-24-97, Amended 11-4-01, Formerly 3C-560.303, Amended
					 9-4-06, Repealed 7-15-07.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.304 - Renewal Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 560.105(3) FS. Law Implemented
					 560.207, 560.308, 560.403 FS.
New 9-24-97, Amended 11-4-01, Formerly 3C-560.304, Repealed
					 7-15-07.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.401 - Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 560.105(3) FS. Law Implemented 560.209
					 FS.
New 9-24-97, Formerly 3C-560.401, Repealed
					 1-13-09.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.402 - Bond

Current through Reg. 50, No. 138; July 16, 2024
After completing one full year of licensure, each licensee
				  shall annually file Form OFR-560-07, Security Device Calculation Form, which is
				  incorporated by reference in rule
				  69V-560.1012, F.A.C., with the
				  Office by January 31st of each calendar year for the preceding calendar year.
				  If based on the licensee's calculation, the amount of the device must be
				  increased, the licensee shall provide to the Office an additional surety bond,
				  surety rider for an existing bond, collateral deposit pledge agreement or
				  combination thereof reflecting the amount required no later than sixty (60)
				  days following the deadline to file Form OFR-560-07, Security Device
				  Calculation Form.
Rulemaking Authority 560.105, 560.209 FS. Law Implemented
					 560.209 FS.
New 9-24-97, Amended 12-30-98, 11-4-01, Formerly
					 3C-560.402, Amended 7-15-07, 1-13-09.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.403 - Net Worth (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 560.105 FS. Law Implemented 560.209
					 FS.
New 9-24-97, Formerly 3C-560.403, Amended 1-13-09, Repealed
					 11-27-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.501 - Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 560.105(3) FS. Law Implemented 560.118
					 FS.
New 9-24-97, Formerly 3C-560.501, Repealed
					 1-13-09.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.504 - Reimbursement Rates for Examinations Conducted by the Office

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule establishes rates for
				reimbursement to the Office for examination and per diem and travel expenses
				for examinations of licensees conducted by Office examiners under Sections
				560.1091 and
				560.1092, F.S.
(2) Fees for examiner time shall be
				calculated at the rate of $25 per hour for each classification listed below:
(a) Financial Examiner/Analyst I
(b) Financial Examiner Analyst II
(c) Financial Specialist
(d) Financial Control Analyst
(e) Financial Examiner Analyst
				Supervisor
(f) Area Financial
				Manager and above
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.505 - Reimbursement Rates for Examinations Conducted by a Third Party

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule establishes rates for
				reimbursement to the Office for examination and per diem and travel expenses
				for examinations of licensees conducted by third party contractors under
				sections 560.1091 and
				560.1092, F.S. Rates will be the
				direct charges billed to the Office by the third party contractor. Such rates
				will be established by contract with the Office.
(2) The Office shall select third party
				contractors from the list of persons or firms who are qualified by the
				Department of Management Services to render "Financial and Performance Audit
				Services" under State of Florida Contract #973-001-06-1, which is hereby
				incorporated by reference.
(3)
				Licensees will be charged for the third party contractor's actual and
				reasonable per diem and other travel costs. Per Diem and other travel costs
				shall not, without prior written approval of the Office, exceed:
(a) Fifty-eight and one-half cents per
				mile.
(b) Maximum per diem rates
				for domestic travel approved by the United States General Services
				Administration for Florida for Fiscal Year 2009 as set forth in "Domestic Per
				Diem Rates," which may be found at
www.gsa.gov/perdiem
and is hereby
				incorporated by reference.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.601 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 560.105(3) FS. Law Implemented
					 560.118(2) FS.
New 9-24-97, Amended 12-30-98, 11-4-01, Formerly
					 3C-560.601, Repealed 1-13-09.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.602 - Quarterly Reports

Current through Reg. 50, No. 138; July 16, 2024
(1) Every money
				services business licensed pursuant to Chapter 560, F.S., shall submit an
				accurate quarterly report to the Office by filing a completed Form OFR-560-04,
				Money Services Business Quarterly Report Form, electronically through the
				Office's REAL System at
www.flofr.gov
. A
				completed quarterly report form shall be received by the Office no later than
				forty-five (45) days after the conclusion of each quarter. Should the
				forty-fifth day fall on a Saturday, Sunday or holiday, the reports must be
				received by the Office no later than the next business day. Form OFR-560-04 is
				incorporated by reference in Rule
				69V-560.1012, F.A.C.
(2) Any person may request an exemption from
				the electronic filing requirements of this rule due to a technological or
				financial hardship by submitting Form OFR-560-08, Request for Exemption from
				Electronic Filing Requirements, to: Office of Financial Regulation, Division of
				Consumer Finance, Bureau of Registration, 200 East Gaines Street, Tallahassee,
				FL 32399-0376. The Office will provide any person granted an exemption from the
				electronic filing requirement with instructions on how to file the form in
				paper format. Form OFR-560-08 is incorporated by reference in Rule
				69V-560.1012,
				F.S.
Rulemaking Authority 560.105, 560.118 FS. Law Implemented
					 560.118 FS.
New 9-24-97, Amended 12-30-98, 11-4-01, Formerly
					 3C-560.602, Amended 7-15-07, 1-13-09,
					 11-28-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.603 - Quarterly Reports to Be Filed by Foreign Currency Exchangers (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 560.105(3), 560.118(2)(b) FS. Law
					 Implemented 560.118(2), 560.123 FS.
New 9-24-97, Amended 12-30-98, 11-4-01, Formerly
					 3C-560.603, Repealed 7-15-07.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.604 - Quarterly Reports to Be Filed by Funds Transmitters (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 560.105(3), 560.118(2)(b) FS. Law
					 Implemented 560.118(2), 560.123, 560.210
					 FS.
New 9-24-97, Amended 11-4-01, Formerly 3C-560.604, Repealed
					 7-15-07.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-560 - MONEY TRANSMITTERS › Section 69V-560.605 - Quarterly Reports to Be Filed by Payment Instrument Sellers (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 560.105(3), 560.118(2)(b) FS. Law
					 Implemented 560.118(2), 560.123, 560.210
					 FS.
New 9-24-97, Amended 11-4-01, Formerly 3C-560.605, Amended
					 7-15-07.