COMMERCIAL COLLECTION AGENCIES
CHAPTER 69V-180, FAC
69V-180.010 Commercial Collection Surety Bond and Procedures.
69V-180.020 Commercial Collection Registration Form and
Procedures.
69V-180.030 Consumer Collection Registration Form and
Procedures.
69V-180.040 Consumer Collection Agency Complaint Form
and Procedures.
69V-180.050 Consumer Collection Agency Registration Renewal
Form and Procedures.
69V-180.060 Commercial Collection Agency Registration
Renewal Form and Procedures.
69V-180.010 Commercial Collection Surety Bond and Procedures.
(1) Any person acting as a commercial collection agency must obtain and
maintain a surety bond in the amount of $50,000 issued by a surety company admitted
to do business in this state. To comply with this rule the commercial collection
agency shall utilize form OFR-CCA-001, State of Florida Commercial Collection
Agency Surety Bond, effective 11-3-93, which is hereby incorporated by reference
and available from the Office of Financial Regulation, 200 East Gaines Street,
Tallahassee, Florida 32399-0375. The terms of the surety bond shall be complied
with. The surety bond shall be duly executed by the principal and the surety
and shall not contain any blank spaces.
(2)(a) In the event that the surety has received claims within a six (6) month
period, whether or not reduced to judgment, which exceed the amount due by the
surety on the bond, the surety may pay the amount due on the bond to the Office
of Financial Regulation and shall not be further liable on the bond. At the
time payment is made by the surety to the Office of Financial Regulation, the
surety shall provide the Office of Financial Regulation with copies of all claims
made on the bond. Only valid claims made against the bond within six (6) months
after the date of receipt of the first claim against the bond shall be paid.
Subsequent to the expiration of the six-month period, the Office of Financial
Regulation shall notice its intent to approve or deny the claims on file with
the Office of Financial Regulation. The entry of a valid final judgment against
the commercial collection agency or the surety shall be conclusive evidence
of a valid claim. In the event that the claimant has not reduced the claim to
judgment, the claimant may provide evidence to the Office of Financial Regulation
pursuant to Section 120.57, Florida Statutes. Should the amount of valid claims
exceed the amount on deposit with the Office of Financial Regulation, payment
shall be based on the ratio that the person's claim bears to the total claims
filed.
(b)1. As used herein, “claim” means a written demand for payment whether by
letter or legal process.
2. As used herein, “valid final judgment” means a judgment from a court of competent
jurisdiction where no appeal is pending and which is not subject to collateral
attack.
Specific Authority 17.29 FS. Law Implemented 559.542, 559.544, 559.545, 559.546
FS. History–New 11-3-93, Formerly 3D-180.010.
69V-180.020 Commercial Collection Registration Form
and Procedures.
(1) Each person registering as a commercial collection agency shall submit
the following to the Office of Financial Regulation:
(a) A completed Registration as a Commercial Collection Agency form, Form OFR-COM-101,
effective 2-15-94, which is hereby incorporated by reference and available by
mail from the Office of Financial Regulation, 200 East Gaines Street, Tallahassee,
Florida 32399-0375;
(b) A non-refundable registration fee of $500, which shall be in certified funds,
shall be the fee for the annual registration period beginning January 1 of each
calendar year or any part thereof.
(c) Evidence of a current surety bond in the amount of $50,000.
(2) Request for Additional Information. An incomplete registration form shall
not be considered as validly received. A request for additional information
will be made by the Office of Financial Regulation within thirty (30) days after
initial receipt of the incomplete registration form by the Office of Financial
Regulation. The additional information must be received by the Office of Financial
Regulation within forty-five (45) days from the date of request. Failure to
respond to the request within forty-five (45) days from the date of request
shall be construed by the Office of Financial Regulation as grounds for rejection
of the registration for failure to complete the registration and the registration
shall be rejected pursuant to Section 120.60(2), Florida Statutes.
(3) Amendment of Pending Registration.
(a) A prospective registrant shall notify the Office of Financial Regulation
within ten (10) days of the occurrence of any change in the information reported
on the registration.
(b) A prospective registrant may amend the registration form as to those factors
generally within the control or selection of the prospective registrant once,
as a matter of course, at any time within thirty (30) days from its initial
receipt for filing. Otherwise the registration form may be amended only with
prior written permission from the Office of Financial Regulation. Requests to
make changes which are material to the registration or to the Office of Financial
Regulation's evaluation of the registration filed at any time after initial
receipt of the registration form shall be deemed by the Office of Financial
Regulation to be grounds for rejection of the registration, and a new registration
form, accompanied by the appropriate filing fee and evidence of a current surety
bond in the amount of $50,000 shall be required.
(4) Withdrawal of Registration. A prospective registrant may request withdrawal
of a registration prior to an initial
determination of the registration being made by the Office of Financial Regulation
by submitting a written request that the registration be withdrawn.
(5) Refunds. If the registration is withdrawn, voided, or rejected, the registration
fee is non-refundable.
(6) Upon approval, a registration will be issued for the remainder of the annual
registration period.
Specific Authority 17.29 FS. Law Implemented 559.542, 559.544, 559.545 FS.
History–New 2-15-94, Formerly 3D-180.020.
69V-180.030 Consumer Collection Registration Form and
Procedures.
(1) Each person registering as a consumer collection agency shall submit
the following to the Office of Financial Regulation:
(a) A completed Registration as a Consumer Collection Agency form, Form OFR-CCA-102,
effective 2-15-94, which is hereby incorporated by reference and available by
mail from the Office of Financial Regulation, 200 East Gaines Street, Tallahassee,
Florida 32399-0375;
(b) A non-refundable registration fee of $200, which shall be in certified funds,
shall be the fee for the annual registration period beginning January 1 of each
calendar year or any part thereof.
(2) Request for Additional Information. An incomplete registration form shall
not be considered as validly received. A request for additional information
will be made by the Office of Financial Regulation within thirty (30) days after
initial receipt of the incomplete registration form by the Office of Financial
Regulation. The additional information must be received by the Office of Financial
Regulation within forty-five (45) days from the date of request. Failure to
respond to the request within forty-five (45) days from the date of request
shall be construed by the Office of Financial Regulation as grounds for rejection
of the registration for failure to complete the registration and the registration
shall be rejected pursuant to Section 120.60(2), Florida Statutes.
(3) Amendment of Pending Registration.
(a) A prospective registrant shall notify the Office of Financial Regulation
within ten (10) days of the occurrence of any change in the information reported
on the registration.
(b) A prospective registrant may amend the registration form as to those factors
generally within the control or selection of the prospective registrant once,
as a matter of course, at any time within thirty (30) days from its initial
receipt for filing. Otherwise the registration form may be amended only with
prior written permission from the Office of Financial Regulation. Requests to
make changes which are material to the registration or to the Office of Financial
Regulation's evaluation of the registration filed at any time after initial
receipt of the registration form shall be deemed by the Office of Financial
Regulation to be grounds for rejection of the registration, and a new registration
form, accompanied by the appropriate filing fee, shall be required.
(4) Withdrawal of Registration. A prospective registrant may request withdrawal
of a registration prior to an initial
determination of the registration being made by the Office of Financial Regulation
by submitting a written request that the registration be withdrawn.
(5) Refunds. If the registration is withdrawn, voided, or rejected, the registration
fee is non-refundable.
(6) Upon approval, a registration will be issued for the remainder of the annual
registration period.
Specific Authority 17.29 FS. Law Implemented 559.551, 559.553, 559.555 FS.
History–New 2-15-94, Formerly 3D-180.030.
69V-180.040 Consumer Collection Agency Complaint Form
and Procedures.
Each consumer desiring to file a complaint against a consumer collection
agency shall submit to the Office of Financial Regulation a completed complaint
form, Form OFR-CCA-103, effective 2-15-94, which is hereby incorporated by reference
and available by mail from the Office of Financial Regulation of Agriculture
and Consumer Services, Division of Consumer Services, Mayo Building, Tallahassee,
Florida 32399-0800. Such form shall be filed with the Office of Financial Regulation,
200 East Gaines Street, Tallahassee, Florida 32399-0375.
Specific Authority 17.29 FS. Law Implemented 559.72, 559.725 FS. History–New
2-15-94, Formerly 3D-180.040.
69V-180.050 Consumer Collection Agency Registration
Renewal Form and Procedures.
(1) Each active consumer collection agency registration shall be renewed
for the annual period beginning January 1 of each year, upon submission of the
renewal fee of $200 and the renewal form. Form OFR-CCA-104, Consumer Collection
Agency Registration Renewal Form, effective 1-1-95, which is hereby incorporated
by reference and available by mail from the Office of Financial Regulation,
200 East Gaines Street, Tallahassee, Florida 32399-0375. If December 31 of the
year is on a Saturday, Sunday, or legal holiday pursuant to Section 110.117,
F.S., then the renewals received on the next business day will be considered
timely received.
(2) Failure to submit the renewal fee and renewal form required in subsection
(1) prior to January 1 of the renewal year shall automatically result in the
registration becoming expired.
Specific Authority 17.29 FS. Law Implemented 559.553(2), 559.555(3) FS. History–New
1-1-95, Amended 2-5-01, Formerly 3D-180.050.
69V-180.060 Commercial Collection Agency Registration
Renewal Form and Procedures.
(1) Each active commercial collection agency registration shall be renewed
for the annual period beginning January 1 of each year, upon submission of the
renewal fee of $500 and the renewal form. Form OFR-COM-105, Commercial Collection
Agency Registration Renewal Form, effective 1-1-95, which is hereby incorporated
by reference and available by mail from the Office of Financial Regulation,
200 East Gaines Street, Tallahassee, Florida 32399-0375. If December 31 of the
year is on a Saturday, Sunday, or legal holiday pursuant to Section 110.117,
F.S., then the renewals received on the next business day will be considered
timely received.
(2) Failure to submit the renewal fee and renewal form required in subsection
(1) prior to January 1 of the renewal year shall automatically result in the
registration becoming expired.
Specific Authority 17.29 FS. Law Implemented 559.544(2), 559.545 FS. History–New
1-1-95, Amended 2-5-01, Formerly 3D-180.060. |
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