15782596, 69V-180.100 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 15782596

Notice of Proposed Rule

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

Finance

Chapter:

COLLECTION AGENCIES

Overview

RULE:

69V-180.100

Disciplinary Guidelines

PURPOSE:

The purpose and effect of the amended rule are to change the title of the rule; to amend an obsolete rulemaking authority reference; to update a statutory reference in the rule; to both adopt and incorporate by reference into the rule, the “Office of Financial Regulation, Division of Consumer Finance, Disciplinary Guidelines for Consumer Collection Agencies” document; to specify how a copy of the “Office of Financial Regulation, Division of Consumer Finance, Disciplinary Guidelines for Consumer Collection Agencies” document may be obtained from the Office; to amend language in the current rule regarding references to guidelines, violations, and citations numbers; to delete requirements from the current rule; and to clarify the use of the term “citation” in the proposed rule. The proposed rule also clarifies what actions the Office may take against a registrant based upon the “Office of Financial Regulation, Division of Consumer Finance, Disciplinary Guidelines for Consumer Collection Agencies,” and specifies the mitigating and aggravating factors the Office shall consider in determining the appropriate penalty. The proposed rule further clarifies the current ranges for administrative fines to be imposed by the Office as a penalty, and specifies the ranges for suspensions to be imposed by the Office as a penalty.

SUMMARY:

Section (1) states that there are guidelines applicable to each ground for disciplinary action, and provides the location where the guidelines may be found.  Section (2) states the authority of the Office to impose penalties.  Section (3) states the circumstances the Office shall consider in determining the appropriate penalties.  Section (4) states that the list of violations in the rule is not exclusive.  Section (5) states the ranges for certain administrative fines.  Section (6) states the ranges for suspensions.  Section (7) states defines a previous occurrence as used in this rule.

RULEMAKING AUTHORITY:

559.554, 559.730(7), FS

LAW:

559.5556, 559.565(1), 559.72, 559.725(6), 559.727, 559.730 FS

PRINT PUBLISH DATE:

4/3/2015 Vol. 41/65

COMMENTS:

From 4/3/2015 To 4/24/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.