Florida Regulations 15C-16.010: EFS Agent Participation Requirements
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(1) Entities requesting authorization to become an EFS agent must meet the following requirements:
(a) Sell products that must be titled or registered.
(b) Provide title and registration services on behalf of its consumers.
(c) Enter into a contract with a Certified Service Provider.
(d) Apply to the Department on Form HSMV 82083S (Rev. 08/11), Application to Become an Authorized Electronic Filing System Agent/Change of Certified Service Provider, which is incorporated herein by reference and available via the Department website www.flhsmv.gov/html/forms.html, https://www.flrules.org/Gateway/reference.asp?No=Ref-00402.
(e) Have no unresolved issues regarding non-sufficient funds received by either the Department or Tax Collector.
(f) The entity’s principal and all prospective users of the system must have no convictions involving a felony for the last 7 years except as provided in Section 112.011(1)(b), F.S. Regardless of the passage of time since the conviction and notwithstanding restoration of civil rights, anyone convicted of a felony involving dishonesty, including but not limited to identity theft, embezzlement or other economic crimes is not eligible to become an EFS agent or have access to an EFS agent’s system. This does not include any felony convictions involving the actual operation of a motor vehicle. The EFS agent must provide verification to the Certified Service Provider that background checks are performed on all principals or prospective users and meet the requirements set forth in this rule prior to the Certified Service Provider allowing access to the system and registering authorized users.
(g) Must be current on all applicable tax payments.
(h) Must be current on all State and or local licenses.
(i) An entity shall have no disciplinary actions taken against it by the Department within the last two years that resulted in a suspension, revocation, or fine.
(2) EFS agents may only stock regular series license plates and registration decals.
(a) The EFS agent must ensure that all indicia is secured in a locked area during non-business hours. Indicia not being used shall also be secured in a locked area.
(b) Only those users authorized by the Certified Service Provider shall have access to indicia.
(3) Upon authorization from the Department the Tax Collector shall appoint an entity as an authorized electronic filing system agent for that county.
Rulemaking Authority Florida Statutes § 320.03(10). Law Implemented 320.03(10) FS. History-New 12-14-10, Amended 11-22-11, Formerly 15C-18.004.
Terms Used In Florida Regulations 15C-16.010
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
(b) Provide title and registration services on behalf of its consumers.
(c) Enter into a contract with a Certified Service Provider.
(d) Apply to the Department on Form HSMV 82083S (Rev. 08/11), Application to Become an Authorized Electronic Filing System Agent/Change of Certified Service Provider, which is incorporated herein by reference and available via the Department website www.flhsmv.gov/html/forms.html, https://www.flrules.org/Gateway/reference.asp?No=Ref-00402.
(e) Have no unresolved issues regarding non-sufficient funds received by either the Department or Tax Collector.
(f) The entity’s principal and all prospective users of the system must have no convictions involving a felony for the last 7 years except as provided in Section 112.011(1)(b), F.S. Regardless of the passage of time since the conviction and notwithstanding restoration of civil rights, anyone convicted of a felony involving dishonesty, including but not limited to identity theft, embezzlement or other economic crimes is not eligible to become an EFS agent or have access to an EFS agent’s system. This does not include any felony convictions involving the actual operation of a motor vehicle. The EFS agent must provide verification to the Certified Service Provider that background checks are performed on all principals or prospective users and meet the requirements set forth in this rule prior to the Certified Service Provider allowing access to the system and registering authorized users.
(g) Must be current on all applicable tax payments.
(h) Must be current on all State and or local licenses.
(i) An entity shall have no disciplinary actions taken against it by the Department within the last two years that resulted in a suspension, revocation, or fine.
(2) EFS agents may only stock regular series license plates and registration decals.
(a) The EFS agent must ensure that all indicia is secured in a locked area during non-business hours. Indicia not being used shall also be secured in a locked area.
(b) Only those users authorized by the Certified Service Provider shall have access to indicia.
(3) Upon authorization from the Department the Tax Collector shall appoint an entity as an authorized electronic filing system agent for that county.
Rulemaking Authority Florida Statutes § 320.03(10). Law Implemented 320.03(10) FS. History-New 12-14-10, Amended 11-22-11, Formerly 15C-18.004.