Newly Enacted Legislation in Puerto Rico Fiscal Information & Permits Control Act No. 216-2014
The Puerto Rico Legislature recently adopted Act No. 216-2014, also known as the Fiscal Information & Permits Control Act. The
following summary of the newly enacted piece of legislation is particularly important since it will have broad applicability to all commercial establishments, businesses and industries on
the Island. The Fiscal Information & Permits Control Act
(in Spanish “Ley de Control de Informacion Fiscal y de Permisos”) creates a digital code or system that will allow the Office of Permits
Management (OGPe, by its Spanish acronym) to keep track of the permits, certifications, licenses and registrations required by law for
all commercial establishments, businesses and industries. Currently, these entItles are required by law to display in a visible location
all of their permitting and licensing documentation for public knowledge and to allow inspections by state and municipal
government officials. Nonetheless, the Act recognizes in its statement of motives the impractical and obsoleteness of the existing
paper-intensive requirement, which has become a burden for businesses and government officials alike. In order to facilitate the publicity of the permitting and licensing documentation and to
improve governmental enforcement efforts, the Act’s primary objective is to adopt a digital code named Control de InformaCion
Fiscal y de Permisos (CIFP, by its Spanish acronym) that will identify all of the business’ relevant information, including applicable
permits, certifications, licenses and registrations. This system will substitute the existing public display requirements. Businesses will need to attach the CIFP code on the main door or entrance to the establishment. Consequently, public officials will be able to scan the code with a digital mechanism and quickly review and keep track of this information without necessarily entering the establishments. For violations or non-compliance with the Act’s requirements, OGPe may impose an administrative fine ranging between $1 ,000 and $5 ,000 per violation. Although the Act entered into effect immediately upon its approval , requirements pertaining to the CIFP or digital code shall be effective 180 days after its approval. Also, the Act allows OGPe to adopt a regulation, administrative order or guideline detailing the requirements to be followed by all businesses.
Please note that the matters discussed in this memorandum are prepared for informational purposes only. This memorandum is not
intended as and does not constitute legal advice. If you need additional information regarding Act 216-2014 or how it may affect
your operations, please contact one of the attorneys in our Environmental, Zoning and Land Use Practice Groups.