Florida Regulations 15C-16.013: Enforcement; Service Providers; EFS Agents; Tax Collectors
Current as of: 2024 | Check for updates
|
Other versions
(1) Enforcement authority for compliance with the requirements of the electronic filing system with regard to the Certified Service Providers is granted to the Department. The following are prohibited and may result in the termination of certification as a service provider.
(a) Providing Electronic Filing System services to a client who is not an authorized EFS agent.
(b) Distributing indicia to a client who is not an authorized EFS agent.
(c) Willful misrepresentation of EFS policies, procedures, contractual terms or other title and registration policies or procedures.
(d) Using Department information for reasons other than authorized Electronic Filing System services.
(e) Failure to correct errors as required by the Department.
(f) Failure to execute electronic funds transfer in the specified time frame.
(2) Enforcement authority for compliance and the requirements of the electronic filing system with regard to EFS agents is granted to the Department. The Department will revoke an EFS agent’s ability to use the electronic filing system for any violation that jeopardizes the integrity of the system. This rule shall not prevent the Department from imposing any additional sanctions or fines as allowed by other applicable laws or rules including but not limited to Florida Statutes § 320.27 Additionally, the following are prohibited:
(a) Failure to comply with Department procedures.
(b) Unauthorized access of data by users.
(c) Failure to pay applicable Department records fees for information not resulting in the issuance of a title certificate or registration credential.
(d) Failure to comply with minimum security requirements, including failure to safeguard equipment which provides access to the Electronic Filing System.
(e) Failure to execute electronic funds transfer.
(f) Failure to remain in good standing with the Tax Collector or State, including lapse or revocation of any state or local license.
(g) Failure to correct errors or clear pending transactions as required by the Department.
(h) Charging title and registration fees in excess of those allowed by law.
(i) Improper security and control of license plate and decal inventory or other Tax Collector provided indicia.
(3) Enforcement authority for non-compliance with Fl. Admin. Code R. 15C-18.003, is granted to the Department and will result in the Department or its authorized representative handling EFS services for that county.
Rulemaking Authority 320.03(10)(a) FS. Law Implemented 320.03(10)(a), (b) FS. History-New 12-14-10, Formerly 15C-18.007.
Terms Used In Florida Regulations 15C-16.013
- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
(b) Distributing indicia to a client who is not an authorized EFS agent.
(c) Willful misrepresentation of EFS policies, procedures, contractual terms or other title and registration policies or procedures.
(d) Using Department information for reasons other than authorized Electronic Filing System services.
(e) Failure to correct errors as required by the Department.
(f) Failure to execute electronic funds transfer in the specified time frame.
(2) Enforcement authority for compliance and the requirements of the electronic filing system with regard to EFS agents is granted to the Department. The Department will revoke an EFS agent’s ability to use the electronic filing system for any violation that jeopardizes the integrity of the system. This rule shall not prevent the Department from imposing any additional sanctions or fines as allowed by other applicable laws or rules including but not limited to Florida Statutes § 320.27 Additionally, the following are prohibited:
(a) Failure to comply with Department procedures.
(b) Unauthorized access of data by users.
(c) Failure to pay applicable Department records fees for information not resulting in the issuance of a title certificate or registration credential.
(d) Failure to comply with minimum security requirements, including failure to safeguard equipment which provides access to the Electronic Filing System.
(e) Failure to execute electronic funds transfer.
(f) Failure to remain in good standing with the Tax Collector or State, including lapse or revocation of any state or local license.
(g) Failure to correct errors or clear pending transactions as required by the Department.
(h) Charging title and registration fees in excess of those allowed by law.
(i) Improper security and control of license plate and decal inventory or other Tax Collector provided indicia.
(3) Enforcement authority for non-compliance with Fl. Admin. Code R. 15C-18.003, is granted to the Department and will result in the Department or its authorized representative handling EFS services for that county.
Rulemaking Authority 320.03(10)(a) FS. Law Implemented 320.03(10)(a), (b) FS. History-New 12-14-10, Formerly 15C-18.007.