Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-600 - REGISTRATION OF DEALERS, INVESTMENT ADVISERS, ASSOCIATED PERSONS › Section 69W-600.0011 - Effect of Law Enforcement Records on Applications for Registration as Dealer, Intermediary, or Investment Adviser

Current through Reg. 50, No. 138; July 16, 2024
(1) General Procedure Regarding Law
				Enforcement Records. For purposes of this rule, an "applicant" is any Dealer,
				Intermediary, or Investment Adviser seeking registration in Florida. Any
				member, principal, or director of the applicant or any person having similar
				status or performing similar functions; any person directly or indirectly
				controlling the applicant; direct owners, principals, or indirect owners that
				are required to be reported on behalf of the applicant on Form BD or Form ADV
				pursuant to Section 517.12(14),
				F.S. shall be referred to collectively as "relevant persons". As part of the
				application review process for each Dealer, Intermediary, or Investment
				Adviser, submitted on Form BD, Form FL-INT (10/15), or Form ADV, the Office is
				required to consider all relevant persons' respective law enforcement records
				when deciding whether to approve an application for registration. When
				conducting this review, the Office reviews the criminal history information
				derived from the fingerprint check, any responses made by the applicant or a
				relevant person, and information from other resources such as the Financial
				Industry Regulatory Authority. In the event of a question regarding a relevant
				person's criminal history, the Office may request additional information from
				the applicant to determine the status of a criminal event, the specific facts
				and circumstances surrounding a criminal event, or to address other issues
				determined relevant to the review of the law enforcement record. The Office
				will notify the applicant of any specific documents that it requires in order
				to complete its review of a relevant person's law enforcement record.
				Documentation that is typically requested includes:
(a) A copy of the police arrest affidavit,
				arrest report or similar document.
(b) A certified copy of the
				charges.
(c) A certified copy of
				the plea, judgment, and sentence where applicable.
(d) A certified copy of an order of entry
				into pre-trial intervention, and the order of termination of pre-trial
				intervention showing dismissal of charges where applicable.
(e) A certified copy of an order of
				termination of probation or supervised release, if applicable.
If the requested documentation cannot be obtained, the
				  applicant shall submit evidence of that fact in order for the application to be
				  deemed complete. Evidence that documentation cannot be obtained shall consist
				  of a written statement on the letterhead of the agency that would be the
				  custodian of the documents, signed by a representative of that agency, stating
				  that they have no record of such matter, or that the record is lost or was
				  damaged or destroyed, or otherwise stating why the document cannot be
				  produced.