Florida Regulations 69V-45.005: Application Procedure for Title Loan Lender
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(1) Each person desiring to apply for licensure as a title loan lender shall submit the following to the Office of Financial Regulation:
(a) A completed Application for Title Loan Lender, OFR-TLL-101, effective 05/01/2004, which is hereby incorporated by reference and available from the Office of Financial Regulation, 200 East Gaines Street, Tallahassee, Florida 32399-0375 and at http://www.flrules.org/Gateway/reference.asp?No=Ref-12589;
(b) The statutory, nonrefundable investigation fee required by Florida Statutes § 537.004;
(c) The statutory, nonrefundable application fee required by Florida Statutes § 537.004; and,
(d) The original bond, letter of credit, or certificate of deposit as required by Florida Statutes § 537.005
(2) Each ultimate equitable owner of 10% or greater interest and each director, general partner, and executive officer of an entity applying for licensure as a title loan lender, shall submit a completed fingerprint card and a Biographical Summary for Title Loan Lender, Form OFR-TLL-BIO-1, effective 05/01/2004, to the Office of Financial Regulation. Form OFR-TLL-BIO-1 is hereby incorporated by reference and is available by mail from the Office of Financial Regulation, 200 East Gaines Street, Tallahassee, Florida 32399-0375 and at http://www.flrules.org/Gateway/reference.asp?No=Ref-12580.
(3) Request for Additional Information. Any request for additional information will be made by the Office of Financial Regulation within thirty (30) days after receipt of the application 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 the request. The Office will grant a request for an additional forty-five (45) days to submit the additional information. The Office will not grant a request after the original forty-five (45) day deadline has passed. Failure to provide timely all additional information shall result in the application being deemed abandoned, which will result in the application being removed from further consideration by the Office and closed.
(4) Withdrawal of Application. An applicant may request withdrawal of an application prior to a determination of the application being made by the Office of Financial Regulation by submitting a written request that the application be withdrawn.
(5) Refunds. If the application is withdrawn or denied, the investigation fee and the application fee are nonrefundable.
(6) If one’s civil rights have been restored and the conviction did not directly relate to the title loan industry, the applicant shall provide evidence of restoration of civil rights. If one’s civil rights have been restored and the conviction is directly related to the title loan industry, the applicant shall provide evidence of restoration of civil rights and rehabilitation. Evidence of rehabilitation should include, but is not limited to, employment history and letters from probation officers and employers.
Rulemaking Authority 537.005, 537.016 FS. Law Implemented 537.004, 537.005 FS. History-New 10-1-00, Formerly 3D-45.005, Amended 1-18-21.
Terms Used In Florida Regulations 69V-45.005
- Conviction: A judgement of guilt against a criminal defendant.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
(b) The statutory, nonrefundable investigation fee required by Florida Statutes § 537.004;
(c) The statutory, nonrefundable application fee required by Florida Statutes § 537.004; and,
(d) The original bond, letter of credit, or certificate of deposit as required by Florida Statutes § 537.005
(2) Each ultimate equitable owner of 10% or greater interest and each director, general partner, and executive officer of an entity applying for licensure as a title loan lender, shall submit a completed fingerprint card and a Biographical Summary for Title Loan Lender, Form OFR-TLL-BIO-1, effective 05/01/2004, to the Office of Financial Regulation. Form OFR-TLL-BIO-1 is hereby incorporated by reference and is available by mail from the Office of Financial Regulation, 200 East Gaines Street, Tallahassee, Florida 32399-0375 and at http://www.flrules.org/Gateway/reference.asp?No=Ref-12580.
(3) Request for Additional Information. Any request for additional information will be made by the Office of Financial Regulation within thirty (30) days after receipt of the application 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 the request. The Office will grant a request for an additional forty-five (45) days to submit the additional information. The Office will not grant a request after the original forty-five (45) day deadline has passed. Failure to provide timely all additional information shall result in the application being deemed abandoned, which will result in the application being removed from further consideration by the Office and closed.
(4) Withdrawal of Application. An applicant may request withdrawal of an application prior to a determination of the application being made by the Office of Financial Regulation by submitting a written request that the application be withdrawn.
(5) Refunds. If the application is withdrawn or denied, the investigation fee and the application fee are nonrefundable.
(6) If one’s civil rights have been restored and the conviction did not directly relate to the title loan industry, the applicant shall provide evidence of restoration of civil rights. If one’s civil rights have been restored and the conviction is directly related to the title loan industry, the applicant shall provide evidence of restoration of civil rights and rehabilitation. Evidence of rehabilitation should include, but is not limited to, employment history and letters from probation officers and employers.
Rulemaking Authority 537.005, 537.016 FS. Law Implemented 537.004, 537.005 FS. History-New 10-1-00, Formerly 3D-45.005, Amended 1-18-21.