Notice of Proposed Rule

DEPARTMENT OF FINANCIAL SERVICES
Finance
RULE NO.: RULE TITLE:
69V-560.1012: Adoption of Forms
PURPOSE AND EFFECT: Paragraph 69V-560.1012(1)(a), F.A.C., is being amended to reduce fingerprint processing fees from $43.25 to $40.50. The current fee of $43.25 represents $24 charged by the Florida Department of Law Enforcement for a state criminal history check and $19.25 charged by the U.S. Department of Justice for a national criminal history check. The U.S. Department of Justice will be reducing its fee from $19.25 to $16.50. Therefore, Form OFR-560-01, which references the applicable fees, is being amended to reduce the fingerprint processing fees from $43.25 to $40.50.
SUMMARY: Paragraph 69V-560.1012(1)(a), F.A.C., is being amended to reduce fingerprint processing fees from $43.25 to $40.50. The current fee of $43.25 represents $24 charged by the Florida Department of Law Enforcement for a state criminal history check and $19.25 charged by the U.S. Department of Justice for a national criminal history check. The U.S. Department of Justice will be reducing its fee from $19.25 to $16.50. Therefore, Form OFR-560-01, which references the applicable fees, is being amended to reduce the fingerprint processing fees from $43.25 to $40.50.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) No requirement for a SERC was triggered under Section 120.541(1); and 2) The amendments will not exceed any one of the economic analysis criteria in a SERC, as set forth in Section 120.541(2)(a), F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 215.405, 560.105, 560.118, 560.141, 560.2085, 560.209, 560.403 FS.
LAW IMPLEMENTED: 560.118, 560.140, 560.141, 560.205, 560.2085, 560.209, 560.403, 943.053 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Greg Oaks, Director, Division of Finance, greg.oaks@flofr.com; (850) 410-9829

THE FULL TEXT OF THE PROPOSED RULE IS:

69V-560.1012 Adoption of Forms.

(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 10-18-09, amended________, http://www.flrules.org/Gateway/reference. asp?No=Ref-01013.

(b) Location Notification Form, Form OFR-560-02, effective 1-13-09.

(c) Declaration of Intent to Engage in Deferred Presentment Transactions, Form OFR-560-03, effective 1-13-09.

(d) Money Services Business Quarterly Report Form, Form OFR-560-04, effective 1-13-09.

(e) Pledge Agreement, Form OFR-560-05, effective 1-13-09.

(f) Money Services Business Surety Bond Form, Form OFR-560-06, effective 1-13-09.

(g) Security Device Calculation Form, Form OFR-560-07, effective 10-18-09.

(h) Request for Exemption from Electronic Filing Requirements, Form OFR-560-08, effective 3/16/2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00145.

(i) Florida Fingerprint Card (FL922720Z), effective 1-13-09.

(j) Currency Transaction Report, FinCEN Form 104, effective 1-13-09.

(k) Suspicious Activity Report by Money Services Business, FinCEN Form 109, effective 1-13-09.

(l) Report of International Transportation of Currency or Monetary Instruments, FinCEN Form 105, effective 1-13-09.

(2) All forms adopted by this rule are available on the Office’s website at www.flofr.com and by mail from the Office of Financial Regulation, 200 East Gaines Street, Tallahassee, Florida 32399-0376.

Rulemaking Authority 215.405, 560.105, 560.118, 560.141, 560.2085, 560.209, 560.403 FS. Law Implemented 560.118, 560.140, 560.141, 560.205, 560.2085, 560.209, 560.403, 943.053 FS. History– New 1-13-09, Amended 10-18-09, 3-16-11,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Greg Oaks, Director, Division of Finance, greg.oaks@flofr.com, (850)410-9829
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Financial Services Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 20, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 9, 2012