15782111, 69V-180.032 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 15782111

Notice of Proposed Rule

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

Finance

Chapter:

COLLECTION AGENCIES

Overview

RULE:

69V-180.032

Effect of Law Enforcement Records on Applications for Consumer Collection Agency Registration

PURPOSE:

The purpose of the proposed new rule is to implement statutory requirements under sections 559.554 and 559.730, Florida Statutes.  The effect of the proposed new rule is to specify the procedures to be followed and the documents to be provided to the Office by an applicant for Consumer Collection Agency Registration in disclosing any pending criminal charges and all criminal matters in which a control person of the applicant has pled guilty or nolo contendere, or was convicted or found guilty. The proposed new rule also specifies the classification of crimes by the Office, the specification of time periods for which an applicant is disqualified from registration with the Office based upon the classification of crimes, the effect of multiple crimes on the disqualifying period, and the aggravating and mitigating factors to be considered by the Office in determining the period of disqualification from registration.

SUMMARY:

Subsection (1) of the new rule provides definitions.  Subsection (2) of the new rule specifies the general procedures regarding law enforcement records.  Subsection (3) of the new rule states the effect of the failure to fully disclose a law enforcement record on an application.  Subsection (4) of the new rule states the classifications of crimes.  Subsection (5) states the effect that a single crime has on registration.  Subsection (6)states provisions regarding control persons with multiple crimes.  Subsection (7) states the mitigating factors that may be considered.  Subsection (8) states circumstances that do not constitute mitigation.  Subsection (9) states the effect of a pending appeal in criminal proceedings, including reversal on appeal.  Subsection (10) addresses the effect of pre-trial intervention.  Subsection (11) states the effect of sealing or expunging a criminal record.  Subsection (12) states the effect of varying terminology related to law enforcement records.  Subsection (13) addresses imprisoned persons and community supervision.  Subsection (14) states the effect of disqualifying periods on an application.  Subsection (15) lists the crimes considered Class "A" crimes.  Subsection (16) lists the crimes considered Class "B" crimes.  Subsection (17) lists the crimes considered Class "C" crimes.  Subsection (18) states the effect of foreign law enforcement records.

RULEMAKING AUTHORITY:

559.554, 559.555, 559.5551, FS.

LAW:

559.554(2)(b), 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.