Florida Statute 817.804 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

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817.804 Requirements; disclosure and financial reporting.—

(1) Any person engaged in debt management services or credit counseling services shall:

(a) Obtain from a licensed certified public accountant an annual audit in accordance with generally accepted auditing standards that shall include all accounts of such person in which the funds of debtors are deposited and from which payments are made to creditors on behalf of debtors.

(b) Obtain and maintain at all times insurance coverage for employee dishonesty, depositor’s forgery, and computer fraud. The insurance coverage must be in an amount not less than the greater of $100,000 or 10 percent of the monthly average of the aggregate amount of all deposits made for distribution to creditors with such person by all debtors for the 6 months immediately preceding the date of initial application for or renewal of the insurance. The deductible on such coverage shall not exceed 10 percent of the face amount of the policy coverage.

(2) A copy of the annual audit and insurance policies required by this section shall be available for public inspection at each branch location. Copies shall be provided, upon written request, to any party requesting a copy for a charge not to exceed the cost of the reproduction of documents.

History.—s. 1, ch. 2004-351; s. 3, ch. 2006-136.

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Amendments to 817.804

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 817.804

Level: Degree
Misdemeanor/Felony: First/Second/Third

S817.804 1a - PUBLIC ORDER CRIMES - CREDIT COUNSELOR NOT OBTAIN AUDIT - F: T

S817.804 1b - PUBLIC ORDER CRIMES - CREDIT COUNSELOR NOT OBTAIN INSURANCE - F: T

Cases Citing Statute 817.804

Total Results: 3

Federal Trade Commission v. Leshin

618 F.3d 1221, 2010 WL 3448518

Court of Appeals for the Eleventh Circuit | Filed: Sep 3, 2010 | Docket: 911074

Cited 15 times | Published

dishonesty, forgery, and computer fraud. Fla. Stat. § 817.804(l)(b); Ga.Code Ann. § 18-5-3.1(a)(2); Ohio Rev

FTC v. Randall L. Leshin

Court of Appeals for the Eleventh Circuit | Filed: Sep 3, 2010 | Docket: 2906866

Published

dishonesty, forgery, and computer fraud. Fla. Stat. § 817.804(1)(b); Ga. Code Ann. § 18-5-3.1(a)(2); Ohio Rev

FTC v. Randall L. Leshin

Court of Appeals for the Eleventh Circuit | Filed: Sep 3, 2010 | Docket: 401186

Published

dishonesty, forgery, and computer fraud. Fla. Stat. § 817.804(1)(b); Ga. Code Ann. § 18-5-3.1(a)(2); Ohio Rev

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