Florida Statutes

Fla. Stat. § 817.804 (2025)

Requirements; disclosure and financial reporting.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 817.804

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§817.804(1a)PUBLIC ORDER CRIMESCREDIT COUNSELOR NOT OBTAIN AUDITF · 3rd

§817.804(1b)PUBLIC ORDER CRIMESCREDIT COUNSELOR NOT OBTAIN INSURANCEF · 3rd

Notes of Decisions

Cited in 1 case, 2010–2010 · leading case: Fed. Trade Comm'n v. Leshin, 618 F.3d 1221 (11th Cir. 2010).

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Fed. Trade Comm'n v. Leshin, 618 F.3d 1221 (11th Cir. 2010). “Fla. Stat. § 817.804 (l)(b); Ga.Code Ann.”

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