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. 35 No. 47, November 25, 2009 issue of the Florida Administrative Weekly.

The rule has been revised to address comments from the staff of the Joint Administrative Procedures Committee. Subsections (5) and (6) have been added to the rule. In summary, the rule has been amended to set forth the types of technological or financial hardships that will enable a person to obtain an exemption from electronic filing requirements.

THE FULL TEXT OF THE PROPOSED RULE IS:

69V-40.003 Electronic Filing of Forms and Fees.

(1) For purposes of this rule, “REAL System” means the Office of Financial Regulation’s Regulatory Enforcement and Licensing System, which is accessible through the Office of Financial Regulation’s website at www.flofr.com.

(2) All forms adopted under paragraphs 69V-40.002(1)(a) through (d) and (f) through (h), F.A.C., must be filed with the Office of Financial Regulation through the REAL system.

(3) All fees required to be filed with the Office of Financial Regulation under Chapter 69V-40, F.A.C., must be filed through the REAL System.

(4) Any person may request an exemption from the ~~petition for a waiver of the requirement of~~ electronic filing requirements of this rule by submitting a written request to: Office of Financial Regulation, Division of Finance, Bureau of Regulatory Review, 200 E. Gaines Street, Tallahassee, Florida 32399-0351. The request must set forth the person’s technological or financial hardship that makes it difficult for the person to file forms and pay fees electronically. The request must be legible and include the applicant’s or licensee’s name, contact person, address and telephone number. The Office of Financial Regulation will provide any person granted an exemption under this subsection with instructions on how to file forms and fees in paper format ~~of any form or fee under Chapter 69V-40, F.A.C., by filing a petition under Rule 28-106.301, F.A.C~~. The petition must demonstrate a technological or financial hardship that entitles the person to file the form or fees in a paper format. The Office of Financial Regulation will provide any person granted a waiver under this subsection a hardcopy version of the applicable form.

(5) The Office shall grant a request for an exemption from the electronic filing requirements of this rule if the circumstances provided in paragraph (a) or (b) exist and the requestor has filed a written statement signed by the individual requestor, or a control person if the applicant or licensee is a legally formed entity.

(a) To qualify for the exemption based solely on a technological hardship the requestor must provide a signed written statement indicating the following circumstances exist:

1. The requestor does not possess adequate computer skills necessary to navigate the internet and complete an online application form; or

2. The requestor does not own or have access to, personally or through public sources, a computer.

(b) To qualify for the exemption based solely on a financial hardship the requestor must provide a signed written statement indicating the following circumstances exist:

1. The requestor is financially unable to afford the cost of purchasing a computer;

2. The requestor is financially unable to afford the cost of hiring a consultant to assist with the completion of the online application form; or

3. The requestor does not possess a credit card or checking account as a means of making an online payment over the internet.

(6) The Office shall provide written notice to a requestor informing him or her whether or not an exemption has been granted pursuant to this rule. An exemption granted in accordance with this rule shall be valid for 365 calendar days from the date of the written notice. If a licensee wishes to extend an exemption for an additional 365 days, a new request must be submitted in writing before the expiration of the current exemption. Each subsequent request to continue an exemption will be evaluated based on the criteria specified in subsection (5) of this rule.

Rulemaking ~~Specific~~ Authority 494.0011 FS. Law Implemented 494.0011 FS. History–New 10-21-08, Amended________.