Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 37 No. 26, July 1, 2011 issue of the Florida Administrative Weekly.

The proposed rules have been changed to address comments from the staff of the Joint Administrative Procedures Committee; ACA International; Encore Capital Group, Inc.; and DBA International. Subsection (4) and paragraphs (d) and (e) of Subsection (9) of Rule 69V-180.080, F.A.C., are amended to clarify records requirements. The introductory paragraph of Rule 69V-180.100, F.A.C., and the heading of the chart that contains the guidelines for imposing administrative penalties are amended to clarify that the description of the violations provided in the guidelines are a summary of the statutory violations and are provided solely for the purpose of ease of reference. The changes are as follows:

69V-180.080 Consumer Collection Agency Records.

(1) through (3) No change.

(4) A record of receiving cash payments made to the registrant from a debtor. The records shall include:

(a) Name of the registrant;

(b) Name of debtor;

(d) The balance within the records after payment.

(9) Basic information about the debt including, at the minimum:

(d) The amount of the debt at the time of charge-off or at the time of receipt of the debt by the registrant for purposes of collection and an itemization of all interest, fees, or charges added to it by the registrant;

(e) If the debt collector is a debt buyer or is an assignee holding title to the debt, the debt buyer’s or assignee’s bill of sale or other written document executed by the debt buyer or assignee that contains when and from whom the debt was acquired.

69V-180.100 Guidelines for Imposing Administrative Penalties.

Pursuant to Section 559.730(3), F.S., listed below are guidelines applicable to each ground for disciplinary action that may be imposed by the Office against a person for a violation of Part VI, Chapter 559, F.S. In determining an appropriate penalty within the range of penalties prescribed in this rule for each occurrence as based upon the violation, the Office shall consider the circumstances set forth in subsection (25). The third column of the guidelines provides a summary of the statutory violations solely for the purpose of ease of reference. Persons subject to the rule should review the full text of the Florida Statute cited in the second column of the guidelines for the complete description of the violation.

Statute

Violation Description Summary

1st Occurrence

2nd Occurrence

3rd & Subsequent Occurrences