Florida Senate - 2008 (PROPOSED COMMITTEE BILL) SPB 7060

FOR CONSIDERATION By the Committee on Banking and Insurance

597-04077-08 20087060__

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A bill to be entitled

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An act relating to money services businesses; changing the

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name of money transmitters to money services businesses;

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requiring licensure rather than registration; amending s.

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560.103, F.S.; revising definitions; defining the terms

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"adjusted net worth," "affiliated party," "branch office,"

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"cashing," "compliance officer," "electronic instrument,"

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"financial audit report," "foreign affiliate," "licensee,"

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"location," "monetary value," "outstanding money

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transmission," and "stored value"; amending s. 560.104,

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F.S.; revising provision providing exemptions from ch.

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560, F.S.; amending s. 560.105, F.S.; revising provisions

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relating to the powers of the Office of Financial

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Regulation and the Financial Services Commission; amending

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s. 560.109, F.S.; revising provisions relating to

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examinations and investigations conducted by the office;

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requiring that the office to periodically examine each

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licensee; requiring the office to report certain

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violations to a criminal investigatory agency; requiring

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that the office annually report to the Legislature

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information concerning investigations and examinations and

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the total amount of fines assessed and collected; creating

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s. 560.1091, F.S.; requiring persons examined to pay the

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expenses of examination as set by rule of the commission;

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providing for the deposit of funds collected from

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licensees; requiring payment for travel expenses and

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living expenses and compensation for persons making the

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examinations from such funds or from funds budgeted for

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such purposes; creating s. 560.110, F.S.; providing for

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record retention by licensees; amending s. 560.111, F.S.;

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revising the list of prohibited acts by a money services

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business; amending s. 560.113, F.S.; providing for the

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establishment of a receivership or the payment of

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restitution by a person found to have violated ch. 560,

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F.S.; amending s. 560.114, F.S.; revising grounds for the

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disciplinary actions; amending s. 560.115, F.S.; revising

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provision relating to the voluntary surrender of a

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license; amending s. 560.116, F.S.; revising provisions

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relating to the granting of immunity for providing

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information about alleged violations of ch. 560, F.S.;

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amending s. 560.118, F.S.; revising provisions relating to

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required reports; deleting an exemption from the

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requirement to file an annual financial report;

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transferring, renumbering, and amending s. 560.119, F.S.;

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revising provisions providing for the deposit of fees and

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assessments; amending s. 560.121, F.S.; revising

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restriction on access to records held by a court or the

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Legislature; amending s. 560.123, F.S.; revising

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provisions relating to the Florida Control of Money

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Laundering in Money Services Business; creating s.

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560.1235, F.S.; requiring a licensee to comply with state

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and federal money laundering laws and rules; amending s.

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560.124, F.S.; revising provisions relating to sharing

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reported information; amending s. 560.125, F.S.; revising

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provisions relating to unlicensed activity; amending s.

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560.126, F.S.; revising provisions relating to certain

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notice requirements by a licensee; amending s. 560.127,

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F.S.; revising provisions relating to the control of a

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money services business; amending s. 560.128, F.S.;

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revising provisions relating to customer contacts and

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license display; amending s. 560.129, F.S.; revising

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provisions relating to the confidentiality of certain

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records; creating s. 560.140, F.S.; providing licensing

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standards for a money services business; creating s.

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560.141, F.S.; providing for a license application;

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creating s. 560.142, F.S.; providing for license renewal;

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creating s. 560.143, F.S.; providing for license fees;

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amending s. 560.203, F.S.; revising the exemption from

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licensure for authorized agents of a money services

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business; amending s. 560.204, F.S.; revising provisions

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relating to the requirement for licensure of money

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transmitters or sellers of payment instruments under part

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II of ch. 560, F.S.; amending s. 560.205, F.S.; providing

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additional requirements for a license application;

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amending s. 560.208, F.S.; revising provisions relating to

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the conduct of a licensee; creating s. 560.2085, F.S.;

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providing requirements for authorized agents; amending s.

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560.209, F.S.; revising provisions relating to a

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licensee's adjusted net worth and the filing of a

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corporate surety bond; requiring a financial audit report;

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increasing the upper limit of the bond; deleting the

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option of waiving the bond; amending s. 560.210, F.S.;

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revising provisions relating to permissible investments;

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amending s. 560.211, F.S.; revising provisions relating to

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required recordkeeping under part II of ch. 560, F.S.;

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amending s. 560.212, F.S.; revising provisions relating to

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licensee liability; amending s. 560.213, F.S.; revising

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provisions relating information that must be printed on a

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payment instrument; amending s. 560.303, F.S.; revising

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provisions relating to the licensure of check cashers

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under part II of ch. 560, F.S.; amending s. 560.304, F.S.;

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revising provisions relating to exemptions from licensure;

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limiting the exemption for the payment of instruments

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below a certain value; amending s. 560.309, F.S.; revising

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provisions relating to the conduct of check cashers;

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providing additional requirements; amending s. 560.310,

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F.S.; revising requirements for licensee records;

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specifying the maintenance of identification records for

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certain customers; amending s. 560.402, F.S.; revising

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definitions relating to deferred presentment providers;

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amending s. 560.403, F.S.; revising provisions relating to

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the licensing requirements for deferred presentment

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providers; amending s. 560.404, F.S.; revising provisions

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relating to deferred presentment transactions; amending s.

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560.405, F.S.; revising provisions relating to the

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redemption or deposit of a deferred presentment

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transaction; amending s. 560.406, F.S.; revising

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provisions relating to worthless checks; amending ss.

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499.005, 499.0691, 501.95, 538.03, 896.101, 896.104, and

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921.0022, F.S.; conforming cross-references; repealing s.

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560.101, F.S., relating to a short title; repealing s.

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560.102, F.S., relating to purpose and application;

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repealing s. 560.106, F.S., relating to chapter

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constructions; repealing s. 560.1073, F.S., relating to

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false or misleading statements or documents; repealing s.

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560.108, F.S., relating to administrative enforcement

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guidelines; repealing s. 560.112, F.S., relating to

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disciplinary action procedures; repealing s. 560.117,

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F.S., relating to administrative fines; repealing s.

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560.200, F.S., relating to a short title; repealing s.

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560.202, F.S., relating to definitions; repealing s.

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560.206, F.S., relating to the investigation of

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applicants; repealing s. 560.207, F.S., relating to

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registration; repealing s. 560.301, F.S., relating to a

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short title; repealing s. 560.302, F.S., relating to

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definitions; repealing s. 560.305, F.S., relating to

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application for registration; repealing s. 560.306, F.S.,

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relating to standards; repealing s. 560.307, F.S.,

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relating to fees; repealing s. 560.308, F.S., relating to

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registration; repealing s. 560.401, F.S., relating to a

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short title; repealing s. 560.407, F.S., relating to

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required records; providing effective dates.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 560.103, Florida Statutes, is amended to

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read:

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     560.103 Definitions.--As used in this chapter, the term the

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code, unless the context otherwise requires:

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     (1) "Adjusted net worth" means assets minus liabilities,

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determined in accordance with United States generally accepted

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accounting principles, that have been adjusted to exclude the

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following assets:

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     (a) Goodwill.

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     (b) A home, home furnishings, automobiles, and any other

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personal items.

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     (c) Advances or loans to an affiliated party.

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     (d) Receivables from officers, directors, shareholders, or

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affiliated parties other than receivables in the normal course of

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business.

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     (e) Accounts receivables owed by authorized agents which

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are due more than 90 days after the date of receipt of monetary

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value from the customer.

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     (2) "Affiliated party" means a director, officer,

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responsible person, employee, or foreign affiliate of a money

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services business, or a person who has a controlling interest in

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a money services business as provided in s. 560.127.

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     (3)(1) "Appropriate regulator" means a any state, or

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federal, or foreign agency that, including the commission or

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office, which has been granted state or federal statutory

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authority to enforce state, federal, or foreign laws related to a

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money services business or deferred presentment provider with

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regard to the money transmission function.

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     (4)(2) "Authorized agent vendor" means a person designated

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by a money services business licensed under part II of this

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chapter a registrant to act engage in the business of a money

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transmitter on behalf of the licensee the registrant at locations

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in this state pursuant to a written contract with the licensee

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registrant.

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     (5) "Branch office" means the physical location, other than

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the principal place of business, of a money services business

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operated by a licensee under this chapter.

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     (6) "Cashing" means providing currency for payment

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instruments except for travelers checks.

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     (7)(3) "Check casher" means a person who, for compensation,

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sells currency in exchange for payment instruments received,

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except travelers checks and foreign-drawn payment instruments.

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     (4) "Code" means the "Money Transmitters' Code," consisting

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of:

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     (a) Part I of this chapter, relating to money transmitters

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generally.

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     (b) Part II of this chapter, relating to payment

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instruments and funds transmission.

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     (c) Part III of this chapter, relating to check cashing and

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foreign currency exchange.

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     (d) Part IV of this chapter, relating to deferred

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presentments.

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     (8) "Commission" means the Financial Services Commission.

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     (9) "Compliance officer" means the individual in charge of

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overseeing, managing, and ensuring that a money services business

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is in compliance with all state and federal laws and rules

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relating to money services businesses, as applicable, including

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all money laundering laws and rules.

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     (5) "Consideration" means and includes any premium charged

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for the sale of goods, or services provided in connection with

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the sale of the goods, which is in excess of the cash price of

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such goods.

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     (10)(6) "Currency" means the coin and paper money of the

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United States or of any other country which is designated as

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legal tender and which circulates and is customarily used and

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accepted as a medium of exchange in the country of issuance.

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Currency includes United States silver certificates, United

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States notes, and Federal Reserve notes. Currency also includes

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official foreign bank notes that are customarily used and

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accepted as a medium of exchange in a foreign country.

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     (7) "Commission" means the Financial Services Commission.

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     (11) "Deferred presentment provider" means a person who is

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licensed under part II or part III of this chapter and has filed

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a declaration of intent with the office to engage in deferred

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presentment transactions as provided under part IV of this

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chapter.

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     (12) "Electronic instrument" means a card, tangible object,

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or other form of electronic payment for the transmission or

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payment of money or the exchange of monetary value, including a

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stored value card or device that contains a microprocessor chip,

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magnetic stripe, or other means for storing information; that is

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prefunded; and for which the value is decremented upon each use.

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     (13) "Financial audit report" means a report prepared in

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connection with a financial audit that is conducted in accordance

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with generally accepted auditing standards prescribed by the

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American Institute of Certified Public Accountants by a certified

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public accountant licensed to do business in the United States,

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and which must include:

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     (a) Financial statements, including notes related to the

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financial statements and required supplementary information,

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prepared in conformity with accounting principles generally

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accepted in the United States. The notes must, at a minimum,

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include detailed disclosures regarding receivables that are

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greater than 90 days, if the total amount of such receivables

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represent more than 2 percent of the licensee's total assets.

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     (b) An expression of opinion regarding whether the

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financial statements are presented in conformity with accounting

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principles generally accepted in the United States, or an

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assertion to the effect that such an opinion cannot be expressed

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and the reasons.

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     (14) "Foreign affiliate" means a person located outside

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this state who has been designated by a licensee to make payments

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on behalf of the licensee to persons who reside outside this

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state. The term also includes a person located outside of this

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state for whom the licensee has been designated to make payments

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in this state.

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     (8) "Office" means the Office of Financial Regulation of

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the commission.

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     (15)(9) "Foreign currency exchanger" means a person who

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exchanges, for compensation, currency of the United States or a

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foreign government to currency of another government.

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     (10) "Funds transmitter" means a person who engages in the

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receipt of currency or payment instruments for the purpose of

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transmission by any means, including transmissions within this

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country or to or from locations outside this country, by wire,

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facsimile, electronic transfer, courier, or otherwise.

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     (16) "Licensee" means a person licensed under this chapter.

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     (17) "Location" means a branch office, mobile location, or

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an authorized agent whose business activity is regulated under

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this chapter.

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     (18) "Monetary value" means a medium of exchange, whether

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or not redeemable in currency.

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     (19)(11) "Money services business transmitter" means any

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person located in or doing business in this state, from this

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state, or into this state from locations outside this state or

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country who acts as a payment instrument seller, foreign currency

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exchanger, check casher, or money funds transmitter, or deferred

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presentment provider.

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     (20) "Money transmitter" means a person who receives

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currency, monetary value, or payment instruments for the purpose

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of transmitting the same by any means, including transmission by

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wire, facsimile, electronic transfer, courier, the Internet, or

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through bill payment services or other businesses that facilitate

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such transfer within this country, or to or from this country.

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     (12) "Money transmitter-affiliated party" means any

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director, officer, responsible person, employee, authorized

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vendor, independent contractor of a money transmitter, or a

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person who has filed, is required to file, or is found to control

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a money transmitter pursuant to s. 560.127, or any person engaged

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in any jurisdiction, at any time, in the business of money

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transmission as a controlling shareholder, director, officer, or

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responsible person who becomes involved in a similar capacity

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with a money transmitter registered in this state.

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     (21) "Office" means the Office of Financial Regulation of

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the commission.

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     (22)(13) "Officer" means an individual, other than a

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director whether or not the individual has an official title or

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receives a salary or other compensation, who participates in, or

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has authority to participate, other than in the capacity of a

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director, in, the major policymaking functions of a the money

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services transmitter business, regardless of whether the

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individual has an official title or receives a salary or other

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compensation.

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     (23) "Outstanding money transmission" means a money

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transmission request to a designated recipient or a refund to a

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sender that has not been completed.

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     (24)(14) "Outstanding payment instrument instruments" means

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an unpaid payment instrument instruments whose sale has been

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reported to a licensee registrant.

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     (25)(15) "Payment instrument" means a check, draft,

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warrant, money order, travelers check, electronic instrument, or

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other instrument, or payment of money, or monetary value whether

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or not negotiable. The term Payment instrument does not include

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an instrument that is redeemable by the issuer in merchandise or

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service, a credit card voucher, or a letter of credit.

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     (26)(16) "Payment instrument seller" means a person who

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sells a payment instrument.

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     (27)(17) "Person" means an any individual, partnership,

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association, trust, corporation, limited liability company, or

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other group, however organized, but does not include a public the

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governments of the United States or this state or any department,

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agency, or instrumentality thereof.

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     (18) "Registrant" means a person registered by the office

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pursuant to the code.

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     (28)(19) "Responsible person" means an individual a person

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who is employed by or affiliated with a money services business

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transmitter and who has principal active management authority

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over the business decisions, actions, and activities of the money

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services business transmitter in this state.

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     (29)(20) "Sells Sell" means to sell, issue, provide, or

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deliver.

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     (30) "Stored value" means funds or monetary value

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represented in digital electronics format, whether or not

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specially encrypted, and stored or capable of storage on

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electronic media in such a way as to be retrievable and transfer

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electronically.

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     (21) "Unsafe and unsound practice" means:

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     (a) Any practice or conduct found by the office to be

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contrary to generally accepted standards applicable to the

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specific money transmitter, or a violation of any prior order of

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an appropriate regulatory agency, which practice, conduct, or

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violation creates the likelihood of material loss, insolvency, or

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dissipation of assets of the money transmitter or otherwise

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materially prejudices the interests of its customers; or

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     (b) Failure to adhere to the provisions of 31 C.F.R. ss.

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103.20, 103.22, 103.27, 103.28, 103.29, 103.33, 103.37, 103.41,

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and 103.125 as they existed on March 31, 2004.

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In making a determination under this subsection, the office must

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consider the size and condition of the money transmitter, the

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magnitude of the loss, the gravity of the violation, and the

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prior conduct of the person or business involved.

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     Section 2.  Section 560.104, Florida Statutes, is amended to

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read:

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     560.104  Exemptions.--The following entities are exempt from

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the provisions of this chapter the code:

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     (1)  Banks, credit card banks, credit unions, trust

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companies, associations, offices of an international banking

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corporation, Edge Act or agreement corporations, or other

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financial depository institutions organized under the laws of any

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state or the United States, provided that they do not sell

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payment instruments through authorized vendors who are not such

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entities.

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     (2) The United States or any agency or department,

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instrumentality, or agency thereof.

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     (3)  This state or any political subdivision of this state.

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     Section 3.  Section 560.105, Florida Statutes, is amended to

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read:

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     560.105  Supervisory powers; rulemaking.--

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     (1) Consistent with the purposes of the code, The office

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shall have:

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     (a) Supervise Supervision over all money services

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businesses transmitters and their authorized agents vendors.

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     (b) Have access to the books and records of persons over

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whom the office supervises exercises supervision as is necessary

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to carry out for the performance of the duties and functions of

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the office under this chapter prescribed by the code.

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     (c) Power to Issue orders and declaratory statements,

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disseminate information, and otherwise administer and enforce

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this chapter and all related rules in order exercise its

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discretion to effectuate the purposes, policies, and provisions

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of this chapter the code.

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     (2) Consistent with the purposes of the code, The

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commission may adopt rules pursuant to ss. 120.536(1) and 120.54

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to administer this chapter implement the provisions of the code.

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     (a)(3) The commission may adopt rules pursuant to ss.

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120.536(1) and 120.54 requiring electronic submission of any

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forms, documents, or fees required by this chapter, which must

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code if such rules reasonably accommodate technological or

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financial hardship. The commission may prescribe by rule

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requirements and provide procedures for obtaining an exemption

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due to a technological or financial hardship.

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     (b) Rules adopted to regulate money services businesses,

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including deferred presentment providers, must be responsive to

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changes in economic conditions, technology, and industry

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practices.

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     Section 4.  Section 560.109, Florida Statutes, is amended to

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read:

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     560.109 Examinations and investigations, subpoenas,

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hearings, and witnesses.--

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     (1) The office may conduct examinations and make

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investigations or examinations as prescribed in s. 560.118,

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within or outside this state, which it deems necessary in order

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to determine whether a person has violated any provision of this

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chapter and related rules the code, the rules adopted by the

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commission pursuant to the code, or of any practice or conduct

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that creates the likelihood of material loss, insolvency, or

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dissipation of the assets of a money services business or

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otherwise materially prejudices the interests of their customers

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31 C.F.R. ss. 103.20, 103.22, 103.27, 103.28, 103.29, 103.33,

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103.37, 103.41, and 103.125 as they existed on March 31, 2004.

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     (1) The office may examine each licensee as often as is

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warranted for the protection of customers and in the public

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interest, but at least once every 5 years. The office shall

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provide at least 15 days' notice to a money services business,

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its authorized agent, or license applicant before conducting an

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examination or investigation. However, the office may conduct an

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examination or investigation of a money services business,

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authorized agent, or affiliated party at any time and without

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advance notice if the office suspects that the money services

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business, authorized agent, or affiliated party has violated or

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is about to violate any provisions of this chapter or any

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criminal laws of this state or of the United States.

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     (2) The office may conduct a joint or concurrent

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examination with any state or federal regulatory agency and may

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furnish a copy of all examinations to an appropriate regulator if

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the regulator agrees to abide by the confidentiality provisions

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in chapter 119 and this chapter. The office may also accept an

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examination from any appropriate regulator or, pursuant to s.

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560.1091, from an independent third party that has been approved

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by the office.

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     (3) Persons subject to this chapter who are examined or

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investigated shall make available to the office, its examiners,

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or investigators, all books, accounts, documents, files,

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information, assets, and matters that are in their immediate

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possession or control and that relate to the subject of the

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examination or investigation.

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     (a) Records not in their immediate possession must be made

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available to the office, or the office's examiners or

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investigators, within 3 days after actual notice is served.

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     (b) Upon notice, the office may require that records that

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written in a language other than English be accompanied by a

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certified translation at the expense of the licensee.

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     (4)(2)(a) In the course of or in connection with any

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examination or an investigation conducted by the office:

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     (a) An employee of the office holding the title and

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position of a pursuant to the provisions of subsection (1) or an

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investigation or examination in connection with any application

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to the office for the organization or establishment of a money

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transmitter business, or in connection with an examination or

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investigation of a money transmitter or its authorized vendor,

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the office, or any of its officers holding no lesser title and

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position than financial examiner or analyst, financial

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investigator, or attorney at law, or higher may:

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     1.  Administer oaths and affirmations.

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     2.  Take or cause to be taken testimony and depositions.

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     (b) The office, or any of its employees officers holding a

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title of no lesser title than attorney, or area financial

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manager, or higher may issue, revoke, quash, or modify subpoenas

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and subpoenas duces tecum under the seal of the office or cause

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any such subpoena or subpoena duces tecum to be issued by any

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county court judge or clerk of the circuit court or county court

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to require persons to appear before the office at a reasonable

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time and place to be therein named and to bring such books,

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records, and documents for inspection as may be therein

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designated. Such subpoenas may be served by a representative of

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the office or may be served as otherwise provided for by law for

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the service of subpoenas.

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     (c) In connection with any such investigation or

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examination, The office may allow permit a person to file a

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statement in writing, under oath, or otherwise as the office

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determines, as to facts and circumstances specified by the

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office.

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     (5)(3)(a) If a person does not comply In the event of

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noncompliance with a subpoena issued or caused to be issued by

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the office pursuant to this section, the office may petition a

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court of competent jurisdiction the circuit court of the county

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in which the person subpoenaed resides or has its principal place

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of business for an order requiring the subpoenaed person to

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appear and testify and to produce such books, records, and

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documents as are specified in the such subpoena duces tecum. The

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office is entitled to the summary procedure provided in s.

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51.011, and the court shall advance the cause on its calendar.

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     (a)(b) A copy of the petition shall be served upon the

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person subpoenaed by any person authorized by this section to

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serve subpoenas, who shall make and file with the court an

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affidavit showing the time, place, and date of service.

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     (b)(c) At a any hearing on the any such petition, the

474

person subpoenaed, or any person whose interests are will be

475

substantially affected by the investigation, examination, or

476

subpoena, may appear and object to the subpoena and to the

477

granting of the petition. The court may make any order that

478

justice requires in order to protect a party or other person and

479

her or his personal and property rights, including, but not

480

limited to, protection from annoyance, embarrassment, oppression,

481

or undue burden, or expense.

482

     (c)(d) Failure to comply with an order granting, in whole

483

or in part, a petition for enforcement of a subpoena is a

484

contempt of the court.

485

     (6)(4) Witnesses are entitled to the same fees and mileage

486

to which they would be entitled by law for attending as witnesses

487

in the circuit court, except that no fees or mileage is not

488

allowed for the testimony of a person taken at the person's

489

principal office or residence.

490

     (7)(5) Reasonable and necessary costs incurred by the

491

office and payable to third parties in connection persons

492

involved with examinations or investigations may be assessed

493

against any person on the basis of actual costs incurred.

494

Assessable expenses include, but are not limited to,: expenses

495

for: interpreters; certified translations of documents into the

496

English language required by this chapter or related rules;

497

expenses for communications; expenses for legal representation;

498

expenses for economic, legal, or other research, analyses, and

499

testimony; and fees and expenses for witnesses. The failure to

500

reimburse the office is a ground for denial of the registration

501

application or for revocation of any approval thereof. No such

502

Costs may not shall be assessed against a person unless the

503

office has determined that the person has operated or is

504

operating in violation of this chapter the code.

505

     (8) The office shall report any violation of law that may

506

be a felony to the appropriate criminal investigatory agency

507

having jurisdiction with respect to such violation.

508

     (9) The office shall prepare and submit a report to the

509

President of the Senate and the Speaker of the House of

510

Representatives by January 1 of each year which includes:

511

     (a) The total number of examinations and investigations

512

that resulted in a referral to a state or federal agency and the

513

disposition of each of those referrals by agency.

514

     (b) The total number of initial referrals received from

515

another state or federal agency, the total number of examinations

516

and investigations opened as a result of referrals, and the

517

disposition of each of those cases.

518

     (c) The number of examinations or investigations undertaken

519

by the office which were not the result of a referral from

520

another state agency or a federal agency.

521

     (d) The total amount of fines assessed and collected by the

522

office as a result of an examination or investigation of

523

activities regulated under parts II and III of this chapter.

524

     Section 5.  Section 560.1091, Florida Statutes, is created

525

to read:

526

     560.1091 Contracted examinations.--The office may contract

527

with third parties to conduct examinations under this chapter.

528

     (1) The person or firm selected by the office must not have

529

a conflict of interest that might affect its ability to

530

independently perform its responsibilities with respect to an

531

examination.

532

     (2) The examiner must be an independent certified public

533

accountant or information technologist meeting criteria specified

534

in rule.

535

     (3) The licensee subject to the examination must pay to the

536

office the expenses of the examination at rates adopted by

537

commission rule.

538

     (a) The rates charged must be consistent with rates charged

539

by other persons in a similar profession and comparable with the

540

rates charged for comparable examinations.

541

     (b) Allowable expenses include actual travel expenses, an

542

allowance for reasonable living expenses, compensation of the

543

examiner or other person making the examination, and necessary

544

administrative costs directly related to the examination.

545

Allowances for travel and living expenses are limited to those

546

expenses incurred to conduct the examination.

547

     (c) A detailed statement of allowable expenses shall be

548

submitted to the office by the examiner and must be approved by

549

the office prior to being submitted by the office to the licensee

550

for payment.

551

     (d) Notwithstanding s. 112.061, an examiner conducting an

552

examination of a licensee may be paid for his or her actual

553

travel expenses, reasonable allowance for living expenses, and

554

compensation in accordance with the statement filed with the

555

office by the contractor under paragraph (c). When not examining

556

a licensee, the travel expenses, per diem, and compensation for

557

examiners shall be paid out of moneys budgeted for such purpose

558

and in accordance with s. 112.061.

559

     (4) All moneys collected from a licensee for the expenses

560

of an examination shall be deposited into the Regulatory Trust

561

Fund and used by the office to pay the examiner.

562

     (5) The commission shall adopt rules to administer this

563

section.

564

     Section 6.  Section 560.110, Florida Statutes, is created to

565

read:

566

     560.110 Records retention.--Each licensee and its

567

authorized agents must maintain all books, accounts, documents,

568

files, and information necessary for determining compliance with

569

this chapter and related rules for 5 years unless a longer period

570

is required by other state or federal law.

571

     (1) The records required under this chapter may be

572

maintained by the licensee at any location identified in its

573

license application or by amendment to the application. The

574

licensee must make such records available to the office for

575

examination and investigation in this state within 3 business

576

days after receipt of a written request.

577

     (2) The original of any record of a licensee or authorized

578

agent includes a record stored or transmitted by electronic,

579

computerized, mechanized, or other information storage or

580

retrieval or transmission system or device that can generate,

581

regenerate, or transmit the precise data or other information

582

comprising the record. An original also includes the visible data

583

or other information so generated, regenerated, or transmitted if

584

it is legible or can be made legible by enlargement or other

585

process.

586

     (3) The commission may adopt rules to administer this

587

section and ss. 560.211 and 560.310. In adopting rules, the

588

commission shall take into consideration the federal regulations

589

that affect the money services business industry or a deferred

590

payment provider, including any guidance issued by a federal

591

regulatory agency.

592

     (4) Any person who willfully fails to comply with this

593

section or ss. 560.211 and 560.310 commits a felony of the third

594

degree, punishable as provided in s. 775.082, s. 775.083, or s.

595

775.084.

596

     Section 7.  Section 560.111, Florida Statutes, is amended to

597

read:

598

     560.111 Prohibited acts and practices.--

599

     (1) A money services business, authorized agent, or

600

affiliated party may not It is unlawful for any money transmitter

601

or money transmitter-affiliated party to:

602

     (a) Receive or possess itself of any property except

603

otherwise than in payment of a just demand, and, with intent to

604

deceive or defraud, to omit to make or to cause to be made a full

605

and true entry thereof in its books and accounts, or to concur in

606

omitting to make any material entry thereof.;

607

     (b)  Embezzle, abstract, or misapply any money, property, or

608

thing of value belonging to the money services business, its

609

authorized agent, or customer of the money transmitter or

610

authorized vendor with intent to deceive or defraud. such money

611

transmitter or authorized vendor;

612

     (c) Make any false entry in its books, accounts, reports,

613

files, or documents any book, report, or statement of such money

614

transmitter or authorized vendor with intent to deceive or

615

defraud such money transmitter, authorized vendor, or another

616

person, or with intent to deceive the office, any appropriate

617

regulator other state or federal regulatory agency, or any

618

authorized third party representative appointed by the office to

619

examine or investigate the affairs of the money services business

620

or its authorized agent. such money transmitter or authorized

621

vendor;

622

     (d) Engage in an act that violates 18 U.S.C. s. 1956, 18

623

U.S.C. s. 1957, 31 U.S.C. s. 5324, or any other law, rule, or

624

regulation of another state, or of the United States, or any

625

foreign jurisdiction relating to a money services business,

626

deferred presentment provider, the business of money transmission

627

or usury which may cause the denial or revocation of a money

628

services business or deferred presentment provider transmitter

629

license or the equivalent registration in that such

630

jurisdiction.;

631

     (e) File with the office, sign as a duly authorized

632

representative, or deliver or disclose, by any means, to the

633

office or any of its employees any examination report, report of

634

condition, report of income and dividends, audit, account,

635

statement, file, or document known by it to be fraudulent or

636

false as to any material matter.; or

637

     (f) Place among the assets of a money services business or

638

its authorized agent such money transmitter or authorized vendor

639

any note, obligation, or security that the money services

640

business or its authorized agent transmitter or authorized

641

vendor does not own or is known to be that to the person's

642

knowledge is fraudulent or otherwise worthless, or for any such

643

person to represent to the office that any note, obligation, or

644

security carried as an asset of such money transmitter or

645

authorized vendor is the property of the money services business

646

or its authorized agent transmitter or authorized vendor and is

647

genuine if it is known to be such person that such representation

648

is false or that such note, obligation, or security is fraudulent

649

or otherwise worthless.

650

     (2) A It is unlawful for any person may not to knowingly

651

execute, or attempt to execute, a scheme or artifice to defraud a

652

money services business or its authorized agent transmitter or

653

authorized vendor, or to obtain any of the moneys, funds,

654

credits, assets, securities, or other property owned by, or under

655

the custody or control of, a money services business or its

656

authorized agent transmitter or authorized vendor, by means of

657

false or fraudulent pretenses, representations, or promises.

658

     (3)  Any person who violates any provision of this section

659

commits a felony of the third degree, punishable as provided in

660

s. 775.082, s. 775.083, or s. 775.084.

661

     (4)  Any person who willfully violates any provision of s.

662

560.403, s. 560.404, s. 560.405, or s. 560.407 commits a felony

663

of the third degree, punishable as provided in s. 775.082, s.

664

775.083, or s. 775.084.

665

     Section 8.  Section 560.113, Florida Statutes, is amended to

666

read:

667

     560.113 Injunctions; receiverships; restitution.--Whenever

668

a violation of the code is threatened or impending and such

669

violation will cause substantial injury to any person, the

670

circuit court has jurisdiction to hear any complaint filed by the

671

office and, upon proper showing, to issue an injunction

672

restraining such violation or granting other such appropriate

673

relief.

674

     (1) If the office determines that any person has engaged in

675

or is about to engage in any action that is a violation of this

676

chapter or related rules, the office may, in addition to or in

677

lieu of other remedies, bring an action on behalf of the state in

678

the circuit court against the person and any other person acting

679

in concert with such person to enjoin such person from engaging

680

in such act. The office may apply for, and on due showing be

681

entitled to have issued, the court's subpoena requiring the

682

appearance of the person and her or his employees, associated

683

persons, or agents and the production of any documents, books, or

684

records that may appear necessary for the hearing of the

685

petition, and to testify or give evidence concerning the acts

686

complained of.

687

     (2) In addition to, or in lieu of, the enforcement of a

688

temporary restraining order, temporary injunction, or permanent

689

injunction against the person, the court may, upon application of

690

the office, impound and appoint a receiver or administrator for

691

the property, assets, and business of the defendant, including,

692

but not limited to, any related books, records, documents, or

693

papers. The receiver or administrator shall have all powers and

694

duties conferred by the court as to the custody, collection,

695

administration, winding up, and liquidation of the property and

696

business. The court may issue orders and decrees staying all

697

pending suits and enjoining any further suits affecting the

698

receiver's or administrator's custody or possession of the

699

property, assets, and business or may, with the consent of the

700

presiding judge of the circuit, require that all such suits be

701

assigned to the judge appointing the receiver or administrator.

702

     (3) In addition to, or in lieu of, any other remedies

703

provided under this chapter, the office may apply to the court

704

hearing the matter for an order directing the defendant to make

705

restitution of those sums shown by the office to have been

706

obtained in violation of this chapter. Such restitution shall, at

707

the option of the court, be payable to the administrator or

708

receiver appointed under this section or directly to the persons

709

whose assets were obtained in violation of this chapter.

710

     Section 9.  Section 560.114, Florida Statutes, is amended to

711

read:

712

     560.114 Disciplinary actions; penalties.--

713

     (1) The following actions by a money services business,

714

authorized agent, or affiliated party transmitter or money

715

transmitter-affiliated party are violations of the code and

716

constitute grounds for the issuance of a cease and desist order,

717

the issuance of a removal order, the denial, of a registration

718

application or the suspension, or revocation of a license any

719

registration previously issued pursuant to the code, or the

720

taking of any other action within the authority of the office

721

pursuant to this chapter the code:

722

     (a) Failure to comply with any provision of this chapter or

723

related the code, any rule or order adopted pursuant thereto, or

724

any written agreement entered into with the office.

725

     (b)  Fraud, misrepresentation, deceit, or gross negligence

726

in any transaction by a involving money services business

727

transmission, regardless of reliance thereon by, or damage to, a

728

money transmitter customer.

729

     (c)  Fraudulent misrepresentation, circumvention, or

730

concealment of any matter that must required to be stated or

731

furnished to a money transmitter customer pursuant to this

732

chapter the code, regardless of reliance thereon by, or damage

733

to, such customer.

734

     (d)  False, deceptive, or misleading advertising.

735

     (e) Failure to maintain, preserve, and keep available for

736

examination, and produce all books, accounts, files, or other

737

documents required by this chapter or related rules or orders the

738

code, by any rule or order adopted pursuant to the code, by 31

739

C.F.R. ss. 103.20, 103.22, 103.23, 103.27, 103.28, 103.29,

740

103.33, 103.37, 103.41, and 103.125 as they existed on March 31,

741

2004, or by any agreement entered into with the office.

742

     (f) Refusing to allow Refusal to permit the examination or

743

inspection of books, accounts, files, or other documents and

744

records in an investigation or examination by the office,

745

pursuant to this chapter the provisions of the code, or to comply

746

with a subpoena issued by the office.

747

     (g) Failure to pay a judgment recovered in any court in

748

this state by a claimant in an action arising out of a money

749

transmission transaction within 30 days after the judgment

750

becomes final.

751

     (h) Engaging in an act prohibited under or practice

752

proscribed by s. 560.111.

753

     (i) Insolvency or operating in an unsafe and unsound

754

manner.

755

     (j) Failure by a money services business transmitter to

756

remove an affiliated a money transmitter-affiliated party after

757

the office has issued and served upon the money services business

758

transmitter a final order setting forth a finding that the

759

affiliated money transmitter-affiliated party has violated a any

760

provision of this chapter the code.

761

     (k) Making a any material misstatement, or

762

misrepresentation, or ommission or committing any fraud in an

763

initial or renewal application for licensure, any amendment to

764

such application, or application for the appointment of an

765

authorized agent registration.

766

     (l) Committing any act that results resulting in a license

767

an application for registration, or a registration or its

768

equivalent, to practice any profession or occupation being

769

denied, suspended, revoked, or otherwise acted against by a

770

licensing registering authority in any jurisdiction or a finding

771

by an appropriate regulatory body of engaging in unlicensed

772

activity as a money transmitter within any jurisdiction.

773

     (m) Being the subject of final agency action or its

774

equivalent, issued by an appropriate regulator, for engaging in

775

unlicensed activity as a money services business or deferred

776

presentment provider in any jurisdiction.

777

     (n)(m) Committing any act resulting in a license

778

registration or its equivalent, or an application for

779

registration, to practice any profession or occupation being

780

denied, suspended, revoked, or otherwise acted against by a

781

licensing registering authority in any jurisdiction for a

782

violation of 18 U.S.C. s. 1956, 18 U.S.C. s. 1957, 18 U.S.C. s.

783

1960, 31 U.S.C. s. 5324, or any other law or, rule, or regulation

784

of another state or of the United States relating to a money

785

services business, deferred presentment provider, the business of

786

money transmission or usury that which may cause the denial,

787

suspension, or revocation of a money services business or

788

deferred presentment provider transmitter license or its

789

equivalent or registration in such jurisdiction.

790

     (o)(n) Having been convicted of or found guilty of, or

791

entered a plea of having pleaded guilty or nolo contendere to,

792

any felony or crime punishable by imprisonment of 1 year or more

793

under the law of any state or of the United States which involves

794

fraud, moral turpitude, or dishonest dealing, regardless of

795

adjudication without regard to whether a judgment of conviction

796

has been entered by the court.

797

     (p)(o) Having been convicted of or found guilty of, or

798

entered a plea of having pleaded guilty or nolo contendere to, a

799

crime under 18 U.S.C. s. 1956 or 31 U.S.C. s. 5324, regardless of

800

adjudication without regard to whether a judgment of conviction

801

has been entered by the court.

802

     (q)(p) Having been convicted of or found guilty of, or

803

entered a plea of having pleaded guilty or nolo contendere to,

804

misappropriation, conversion, or unlawful withholding of moneys

805

belonging that belong to others, regardless of adjudication and

806

were received in the conduct of the business of the money

807

transmitter.

808

     (r)(q) Failure to inform the office in writing within 30 15

809

days after having pled pleading guilty or nolo contendere to, or

810

being convicted or found guilty of, any felony or crime

811

punishable by imprisonment of 1 year or more under the law of any

812

state or of the United States, or of any crime involving fraud,

813

moral turpitude, or dishonest dealing, without regard to whether

814

a judgment of conviction has been entered by the court.

815

     (s)(r) Aiding, assisting, procuring, advising, or abetting

816

any person in violating a provision of this chapter code or any

817

order or rule of the office or commission.

818

     (t)(s) Failure to timely pay any fee, charge, or cost

819

imposed or assessed fine under this chapter the code.

820

     (u) Failing to pay a fine assessed by the office within 30

821

days after the due date as stated in a final order.

822

     (v)(t) Failure to pay any judgment entered by any court

823

within 30 days after the judgment becomes final.

824

     (u) Engaging or holding oneself out to be engaged in the

825

business of a money transmitter without the proper registration.

826

     (v) Any action that would be grounds for denial of a

827

registration or for revocation, suspension, or restriction of a

828

registration previously granted under part III of this chapter.

829

     (w) Failure to pay any fee, charge, or fine under the code.

830

     (w)(x) Engaging or advertising engagement in the business

831

of a money services business or deferred presentment provider

832

transmitter without a license registration, unless the person is

833

exempted from licensure the registration requirements of the

834

code.

835

     (x)(y) Payment to the office for a license or other fee,

836

charge, cost, or fine permit with a check or electronic

837

transmission of funds that is dishonored by the applicant's or

838

licensee's financial institution.

839

     (y) Failure by a money services business licensed under

840

part II of this chapter to supervise its authorized agents

841

pursuant to s. 560.208 or s. 560.2085.

842

     (z) Violations of 31 C.F.R. ss. 103.20, 103.22,

843

103.23,103.27, 103.28, 103.29, 103.33, 103.37, 103.41, and

844

103.125.

845

     (aa) Any practice or conduct that creates the likelihood of

846

a material loss, insolvency, or dissipation of assets of a money

847

services business or otherwise materially prejudices the

848

interests of its customers

849

     (2) The office may deny licensure if the applicant or an

850

affiliated party is the subject of a pending criminal prosecution

851

or governmental enforcement action in any jurisdiction until the

852

conclusion of the prosecution or action.

853

     (3)(2) The office may issue a cease and desist order or

854

removal order, suspend or revoke a license any previously issued

855

registration, or take any other action within the authority of

856

the office against a licensee money transmitter based on any fact

857

or condition that exists and that, if it had existed or been

858

known to exist at the time of license application the money

859

transmitter applied for registration, would have been grounds for

860

license denial of registration.

861

     (4)(3) A Each money services business licensed under part

862

II of this chapter transmitter is responsible for any act of its

863

authorized agents vendors if the money services business

864

transmitter should have known of the act or had if the money

865

transmitter has actual knowledge that such act is a violation of

866

this chapter, the code and the money services business

867

transmitter willfully allowed the such act to continue. Such

868

responsibility is limited to conduct engaged in by the authorized

869

agent vendor pursuant to the authority granted to it by the money

870

services business transmitter.

871

     (5)(4) If a license registration granted under this chapter

872

code expires or is surrendered by the licensee registrant during

873

the pendency of an administrative action under this code, the

874

proceeding may continue as if the license is registration were

875

still in effect.

876

     (6) The office may, in addition to or in lieu of the

877

denial, suspension, or revocation of a license, impose a fine of

878

up to $10,000 for each violation of this chapter.

879

     (7) In addition to any other provision of this chapter, the

880

office may impose a fine of up to $1,000 per day for each day

881

that a person engages in the business of a money services

882

business or deferred presentment provider without being licensed.

883

     (8) In imposing any administrative remedy or penalty under

884

this chapter, the office shall take into account the

885

appropriateness of the penalty with respect to the gravity of the

886

violation, the history of previous violations, and other matters

887

as justice may require.

888

     Section 10.  Section 560.115, Florida Statutes, is amended

889

to read:

890

     560.115 Surrender of license registration.--A licensee Any

891

money transmitter registered pursuant to the code may voluntarily

892

surrender its license registration at any time by giving written

893

notice to the office.

894

     Section 11.  Section 560.116, Florida Statutes, is amended

895

to read:

896

     560.116  Civil immunity.--Any person having reason to

897

believe that a provision of this chapter the code is being

898

violated, or has been violated, or is about to be violated, may

899

file a complaint with the office setting forth the details of the

900

alleged violation. Such person is immune An Immunity from civil

901

liability is hereby granted to any person who furnishes such

902

information, unless the information provided is false and has

903

been provided the person providing the information does so with

904

reckless disregard for the truth.

905

     Section 12.  Section 560.118, Florida Statutes, is amended

906

to read:

907

     560.118 Examinations, Reports, and internal audits;

908

penalty.--

909

     (1)(a) The office may conduct an examination of a money

910

transmitter or authorized vendor by providing not less than 15

911

days' advance notice to the money transmitter or authorized

912

vendor. However, if the office suspects that the money

913

transmitter or authorized vendor has violated any provisions of

914

this code or any criminal laws of this state or of the United

915

States or is engaging in an unsafe and unsound practice, the

916

office may, at any time without advance notice, conduct an

917

examination of all affairs, activities, transactions, accounts,

918

business records, and assets of any money transmitter or any

919

money transmitter-affiliated party for the protection of the

920

public. For the purpose of examinations, the office may

921

administer oaths and examine a money transmitter or any of its

922

affiliated parties concerning their operations and business

923

activities and affairs. The office may accept an audit or

924

examination from any appropriate regulatory agency or from an

925

independent third party with respect to the operations of a money

926

transmitter or an authorized vendor. The office may also make a

927

joint or concurrent examination with any state or federal

928

regulatory agency. The office may furnish a copy of all

929

examinations made of such money transmitter or authorized vendor

930

to the money transmitter and any appropriate regulatory agency

931

provided that such agency agrees to abide by the confidentiality

932

provisions as set forth in chapter 119.

933

     (b) Persons subject to this chapter who are examined shall

934

make available to the office or its examiners the accounts,

935

records, documents, files, information, assets, and matters which

936

are in their immediate possession or control and which relate to

937

the subject of the examination. Those accounts, records,

938

documents, files, information, assets, and matters not in their

939

immediate possession shall be made available to the office or the

940

office's examiners within 10 days after actual notice is served

941

on such persons.

942

     (c) The audit of a money transmitter required under this

943

section may be performed by an independent third party that has

944

been approved by the office or by a certified public accountant

945

authorized to do business in the United States. The examination

946

of a money transmitter or authorized vendor required under this

947

section may be performed by an independent third party that has

948

been approved by the office or by a certified public accountant

949

authorized to do business in the United States. The cost of such

950

an independent examination or audit shall be directly borne by

951

the money transmitter or authorized vendor.

952

     (2)(a) Annual financial audit reports must that are

953

required to be filed with the office pursuant to this chapter or

954

related rules under the code or any rules adopted thereunder must

955

be audited by an independent third party that has been approved

956

by the office or by a certified public accountant authorized to

957

do business in the United States. The licensee money transmitter

958

or authorized vendor shall directly bear the cost of the audit.

959

This paragraph does not apply to any seller of payment

960

instruments who can prove to the satisfaction of the office that

961

it has a combined total of fewer than 50 employees and authorized

962

vendors or that its annual payment instruments issued from its

963

activities as a payment instrument seller are less than $200,000.

964

     (2)(b) Each licensee must submit The commission may, by

965

rule, require each money transmitter or authorized vendor to

966

submit quarterly reports to the office in a format and include

967

information as specified by rule. The rule commission may require

968

the that each report to contain a declaration by an officer, or

969

any other responsible person authorized to make such declaration,

970

that the report is true and correct to the best of her or his

971

knowledge and belief. Such report must include such information

972

as the commission by rule requires for that type of money

973

transmitter.

974

     (c) The office may levy an administrative fine of up to

975

$100 per day for each day the report is past due, unless it is

976

excused for good cause. In excusing any such administrative fine,

977

the office may consider the prior payment history of the money

978

transmitter or authorized vendor.

979

     (3) Any person who willfully violates this section or fails

980

to comply with any lawful written demand or order of the office

981

made under this section commits a felony of the third degree,

982

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

983

     Section 13.  Section 560.119, Florida Statutes, is

984

transferred, renumbered as section 560.144, Florida Statutes, and

985

amended to read:

986

     560.144 560.119 Deposit of fees and assessments.--License

987

The application fees, license registration renewal fees, late

988

payment penalties, civil penalties, administrative fines, and

989

other fees, costs, or penalties provided for in this chapter the

990

code shall, in all cases, be paid directly to the office, which

991

shall deposit such proceeds into the Regulatory Trust Fund, and

992

use the proceeds to pay the costs of the office as necessary to

993

carry out its responsibilities under this chapter. Each year, the

994

Legislature shall appropriate from the trust fund to the office

995

sufficient moneys to pay the office's costs for administration of

996

the code. The Regulatory Trust Fund is subject to the service

997

charge imposed pursuant to chapter 215.

998

     Section 14.  Section 560.121, Florida Statutes, is amended

999

to read:

1000

     560.121 Access to records; record retention; penalties

1001

limited restrictions upon public access.--

1002

     (1)(a) Orders of courts or of administrative law judges for

1003

the production of confidential records or information must shall

1004

provide for inspection in camera by the court or the

1005

administrative law judge; and, if after the court or

1006

administrative law judge determines has made a determination that

1007

the documents requested are relevant or would likely lead to the

1008

discovery of admissible evidence, said documents shall be subject

1009

to further orders by the court or the administrative law judge

1010

must issue further orders to protect the confidentiality of the

1011

documents thereof. Any order directing the release of information

1012

is shall be immediately reviewable, and a petition by the office

1013

for review of the such order shall automatically stay further

1014

proceedings in the trial court or the administrative hearing

1015

until the disposition of the such petition by the reviewing

1016

court. If any other party files such A petition for review of the

1017

order filed by any other party shall, it will operate as a stay

1018

of the such proceedings only upon order of the reviewing court.

1019

     (2)(b) Confidential records and information furnished

1020

pursuant to a legislative subpoena must shall be kept

1021

confidential by the legislative body or committee which receives

1022

the records or information, except in cases a case involving the

1023

investigation of charges against a public official subject to

1024

impeachment or removal, and then disclosure of such information

1025

shall be only to the extent determined to be necessary by the

1026

legislative body or committee to be necessary.

1027

     (3)(2) The commission may prescribe by rule the minimum

1028

information that must be shown in the books, accounts, records,

1029

and documents of licensees for purposes of enabling the office to

1030

determine the licensee's compliance with this chapter. In

1031

addition, the commission may prescribe by rule requirements for

1032

the destruction of books, accounts, records, and documents

1033

retained by the licensee after completion of the time period

1034

specified in this subsection. Examination reports, investigatory

1035

records, applications, and related information compiled by the

1036

office, or photographic copies thereof, must shall be retained by

1037

the office for a period of at least 5 3 years after following the

1038

date that the examination or investigation ceases to be active.

1039

Application records, and related information compiled by the

1040

office, or photographic copies thereof, must shall be retained by

1041

the office for a period of at least 5 2 years after following the

1042

date that the license registration ceases to be active.

1043

     (3) A copy of any document on file with the office which is

1044

certified by the office as being a true copy may be introduced in

1045

evidence as if it were the original. The commission shall

1046

establish a schedule of fees for preparing true copies of

1047

documents.

1048

     (4)  Any person who willfully discloses information made

1049

confidential by this section commits a felony of the third

1050

degree, punishable as provided in s. 775.082, s. 775.083, or s.

1051

775.084.

1052

     Section 15.  Section 560.123, Florida Statutes, is amended

1053

to read:

1054

     560.123 Florida Control of Money Laundering in the Money

1055

Services Business Act Transmitters' Code; reports of transactions

1056

involving currency or monetary instruments; when required;

1057

purpose; definitions; penalties; corpus delicti.--

1058

     (1)  This section may be cited as the "Florida Control of

1059

Money Laundering in Money Services Business Transmitters Act."

1060

     (2) It is The purpose of this section is to require the

1061

submission to the office of reports and the maintenance of

1062

certain records of transactions involving currency or payment

1063

monetary instruments in order to which reports and records deter

1064

the use of a money services business money transmitters to

1065

conceal proceeds from criminal activity and to ensure the

1066

availability of such records for are useful in criminal, tax, or

1067

regulatory investigations or proceedings.

1068

     (3)(a) A Every money services business must transmitter

1069

shall keep a record of every each financial transaction occurring

1070

in this state known to it that occurs in this state; involves to

1071

involve currency or other payment monetary instrument, as

1072

prescribed the commission prescribes by rule, having of a value

1073

greater than in excess of $10,000; and involves, to involve the

1074

proceeds of specified unlawful activity, or is to be designed to

1075

evade the reporting requirements of this section or chapter 896.

1076

The money services business must and shall maintain appropriate

1077

procedures to ensure compliance with this section and chapter

1078

896.

1079

     (a)(b) Multiple financial transactions shall be treated as

1080

a single transaction if the money services business transmitter

1081

has knowledge that they are made by or on behalf of any one

1082

person and result in either cash in or cash out totaling more

1083

than $10,000 during any day.

1084

     (b)(c) A Any money services business transmitter may keep a

1085

record of any financial transaction occurring in this state,

1086

regardless of the value, if it suspects that the transaction

1087

involves the proceeds of specified unlawful activity.

1088

     (c) The money services business must file a report with the

1089

office of any records required by this subsection, at such time

1090

and containing such information as required by rule. The timely

1091

filing of the report required by 31 U.S.C. s. 5313 with the

1092

appropriate federal agency shall be deemed compliance with the

1093

reporting requirements of this subsection unless the reports are

1094

not regularly and comprehensively transmitted by the federal

1095

agency to the office.

1096

     (d) A money services business transmitter, or officer,

1097

employee, or agent thereof, that files a report in good faith

1098

pursuant to this section is not liable to any person for loss or

1099

damage caused in whole or in part by the making, filing, or

1100

governmental use of the report, or any information contained

1101

therein.

1102

     (4)(3) A money services business transmitters must comply

1103

with adhere to the money laundering, enforcement, and reporting

1104

provisions of s. 655.50, relating to reports of transactions

1105

involving currency transactions and payment monetary instruments,

1106

and of chapter 896, concerning offenses relating to financial

1107

transactions.

1108

     (5)(4) In enforcing this section, the commission and office

1109

shall acknowledge and take into consideration the requirements of

1110

Title 31, United States Code, in order both to reduce the burden

1111

of fulfilling duplicate requirements and to acknowledge the

1112

economic advantage of having similar reporting and recordkeeping

1113

requirements between state and federal regulatory authorities.

1114

     (5)(a) Each money transmitter must file a report with the

1115

office of the record required by this section. Each record filed

1116

pursuant to this section must be filed at such time and contain

1117

such information as the commission requires by rule.

1118

     (b) The timely filing of the report required by 31 U.S.C.

1119

s. 5313, with the appropriate federal agency is deemed compliance

1120

with the reporting requirements of this subsection unless the

1121

reports are not regularly and comprehensively transmitted by the

1122

federal agency to the office.

1123

     (6)  The office must retain a copy of all reports received

1124

under subsection (3) (5) for a minimum of 5 3 calendar years

1125

after receipt of the report. However, if a report or information

1126

contained in a report is known by the office to be the subject of

1127

an existing criminal proceeding, the report must be retained for

1128

a minimum of 10 calendar years after from the date of receipt.

1129

     (7)  In addition to any other powers conferred upon the

1130

office to enforce and administer this chapter the code, the

1131

office may:

1132

     (a)  Bring an action in any court of competent jurisdiction

1133

to enforce or administer this section. In such action, the office

1134

may seek award of any civil penalty authorized by law and any

1135

other appropriate relief at law or equity.

1136

     (b) Issue and serve upon a person an order requiring the

1137

such person to cease and desist and take corrective action if

1138

whenever the office finds that the such person is violating, has

1139

violated, or is about to violate any provision of this section or

1140

chapter 896; any rule or order adopted under this section or

1141

chapter 896; or any written agreement related to this section or

1142

chapter 896 which is entered into with the office.

1143

     (c)  Issue and serve upon a person an order suspending or

1144

revoking the such person's money services business license if

1145

transmitter registration whenever the office finds that the such

1146

person is violating, has violated, or is about to violate any

1147

provision of this section or chapter 896; any rule or order

1148

adopted under this section or chapter 896; or any written

1149

agreement related to this section or chapter 896 which is entered

1150

into with the office.

1151

     (d)  Issue and serve upon any person an order of removal

1152

whenever the office finds that the such person is violating, has

1153

violated, or is about to violate any provision of this section or

1154

chapter 896; any rule or order adopted under this section or

1155

chapter 896; or any written agreement related to this section or

1156

chapter 896 which is entered into with the office.

1157

     (e)  Impose and collect an administrative fine against any

1158

person found to have violated any provision of this section or

1159

chapter 896; any rule or order adopted under this section or

1160

chapter 896; or any written agreement related to this section or

1161

chapter 896 which is entered into with the office, of up to in an

1162

amount not exceeding $10,000 per a day for each willful violation

1163

or $500 per a day for each negligent violation.

1164

     (8)(a)  Except as provided in paragraph (b), a person who

1165

willfully violates any provision of this section commits a

1166

misdemeanor of the first degree, punishable as provided in s.

1167

775.082 or s. 775.083.

1168

     (b)  A person who willfully violates any provision of this

1169

section, if the violation involves:

1170

     1.  Currency or payment instruments exceeding $300 but less

1171

than $20,000 in any 12-month period, commits a felony of the

1172

third degree, punishable as provided in s. 775.082, s. 775.083,

1173

or s. 775.084.

1174

     2.  Currency or payment instruments totaling or exceeding

1175

$20,000 but less than $100,000 in any 12-month period, commits a

1176

felony of the second degree, punishable as provided in s.

1177

775.082, s. 775.083, or s. 775.084.

1178

     3.  Currency or payment instruments totaling or exceeding

1179

$100,000 in any 12-month period, commits a felony of the first

1180

degree, punishable as provided in s. 775.082, s. 775.083, or s.

1181

775.084.

1182

     (c) In addition to the penalties otherwise authorized by s.

1183

775.082, s. 775.083, or s. 775.084, a person who has been

1184

convicted of, or entered a plea of who has pleaded guilty or nolo

1185

contendere, regardless of adjudication, to having violated

1186

paragraph (b) may be sentenced to pay a fine of up to not

1187

exceeding $250,000 or twice the value of the currency or payment

1188

instruments, whichever is greater, except that on a second or

1189

subsequent conviction for or plea of guilty or nolo contendere,

1190

regardless of adjudication, to a violation of paragraph (b), the

1191

fine may be up to $500,000 or quintuple the value of the currency

1192

or payment instruments, whichever is greater.

1193

     (d)  A person who violates this section is also liable for a

1194

civil penalty of not more than the greater of the value of the

1195

currency or payment instruments involved or $25,000.

1196

     (9)  In any prosecution brought pursuant to this section,

1197

the common law corpus delicti rule does not apply. The

1198

defendant's confession or admission is admissible during trial

1199

without the state having to prove the corpus delicti if the court

1200

finds in a hearing conducted outside the presence of the jury

1201

that the defendant's confession or admission is trustworthy.

1202

Before the court admits the defendant's confession or admission,

1203

the state must prove by a preponderance of the evidence that

1204

there is sufficient corroborating evidence that tends to

1205

establish the trustworthiness of the statement by the defendant.

1206

Hearsay evidence is admissible during the presentation of

1207

evidence at the hearing. In making its determination, the court

1208

may consider all relevant corroborating evidence, including the

1209

defendant's statements.

1210

     Section 16.  Section 560.1235, Florida Statutes, is created

1211

to read:

1212

     560.1235 Money laundering requirements.--

1213

     (1) A licensee must comply with all state and federal laws

1214

and rules relating to the detection and prevention of money

1215

laundering, including, as applicable, s. 560.123, and 31 C.F.R.

1216

ss. 103.20, 103.22, 103.23, 103.27. 103.28, 103.29, 103.33,

1217

103.37, and 103.41.

1218

     (2) A licensee must maintain an anti-money laundering

1219

program in accordance with 31 C.F.R. s. 103.25. The program must

1220

be reviewed and updated as necessary to ensure that the program

1221

continues to be effective in detecting and deterring money

1222

laundering activities.

1223

     Section 17.  Section 560.124, Florida Statutes, is amended

1224

to read:

1225

     560.124  Sharing of information.--

1226

     (1) It is not unlawful for Any person may to provide

1227

information to a money services business, its transmitter,

1228

authorized agent, law enforcement agency, prosecutorial agency

1229

vendor, or appropriate regulator, or for any money services

1230

business, its transmitter, authorized agent, law enforcement

1231

agency, prosecutorial agency vendor, or appropriate regulator may

1232

to provide information to any person, information about any other

1233

person's known or suspected involvement in a violation of any

1234

state, federal, or foreign law, rule, or regulation relating to

1235

the business of a money services business or deferred present

1236

provider transmitter which has been reported to state, federal,

1237

or foreign authorities, and is not.

1238

     (2) No person shall be liable in any civil action for

1239

providing such information.

1240

     Section 18.  Section 560.125, Florida Statutes, is amended

1241

to read:

1242

     560.125 Unlicensed activity Money transmitter business by

1243

unauthorized persons; penalties.--

1244

     (1) A person other than a registered money transmitter or

1245

authorized vendor may not engage in the business of a money

1246

services business or deferred presentment provider transmitter in

1247

this state unless the person is licensed or exempted from

1248

licensure under this chapter from the registration requirements

1249

of the code.

1250

     (2) Only a money services business licensed under part II

1251

of this chapter may appoint an authorized agent. No person shall

1252

act as a vendor of a money transmitter when such money

1253

transmitter is subject to registration under the code but has not

1254

registered. Any such person acting as the agent of an unlicensed

1255

money transmitter or payment instrument issuer becomes the

1256

principal thereof, and no longer merely acts as an agent a

1257

vendor, and such person is liable to the holder or remitter as a

1258

principal money transmitter or payment instrument seller.

1259

     (3)  Any person whose substantial interests are affected by

1260

a proceeding brought by the office pursuant to this chapter the

1261

code may, pursuant to s. 560.113, petition any court of competent

1262

jurisdiction to enjoin the person or activity that is the subject

1263

of the proceeding from violating any of the provisions of this

1264

section. For the purpose of this subsection, any money services

1265

business licensed under this chapter transmitter registered

1266

pursuant to the code, any person residing in this state, and any

1267

person whose principal place of business is in this state are

1268

presumed to be substantially affected. In addition, the interests

1269

of a trade organization or association are deemed substantially

1270

affected if the interests of any of its members are so affected.

1271

     (4)  The office may issue and serve upon any person who

1272

violates any of the provisions of this section a complaint

1273

seeking a cease and desist order or impose an administrative fine

1274

as provided in s. 560.114 in accordance with the procedures and

1275

in the manner prescribed by s. 560.112. The office may also

1276

impose an administrative fine pursuant to s. 560.117(3) against

1277

any person who violates any of the provisions of this section.

1278

     (5)  A person who violates this section, if the violation

1279

involves:

1280

     (a)  Currency or payment instruments exceeding $300 but less

1281

than $20,000 in any 12-month period, commits a felony of the

1282

third degree, punishable as provided in s. 775.082, s. 775.083,

1283

or s. 775.084.

1284

     (b)  Currency or payment instruments totaling or exceeding

1285

$20,000 but less than $100,000 in any 12-month period, commits a

1286

felony of the second degree, punishable as provided in s.

1287

775.082, s. 775.083, or s. 775.084.

1288

     (c)  Currency or payment instruments totaling or exceeding

1289

$100,000 in any 12-month period, commits a felony of the first

1290

degree, punishable as provided in s. 775.082, s. 775.083, or s.

1291

775.084.

1292

     (6)  In addition to the penalties authorized by s. 775.082,

1293

s. 775.083, or s. 775.084, a person who has been convicted of, or

1294

entered a plea of found guilty of or who has pleaded guilty or

1295

nolo contendere, to having violated this section may be sentenced

1296

to pay a fine of up to not exceeding $250,000 or twice the value

1297

of the currency or payment instruments, whichever is greater,

1298

except that on a second or subsequent violation of this section,

1299

the fine may be up to $500,000 or quintuple the value of the

1300

currency or payment instruments, whichever is greater.

1301

     (7)  A person who violates this section is also liable for a

1302

civil penalty of not more than the value of the currency or

1303

payment instruments involved or $25,000, whichever is greater.

1304

     (8)  In any prosecution brought pursuant to this section,

1305

the common law corpus delicti rule does not apply. The

1306

defendant's confession or admission is admissible during trial

1307

without the state having to prove the corpus delicti if the court

1308

finds in a hearing conducted outside the presence of the jury

1309

that the defendant's confession or admission is trustworthy.

1310

Before the court admits the defendant's confession or admission,

1311

the state must prove by a preponderance of the evidence that

1312

there is sufficient corroborating evidence that tends to

1313

establish the trustworthiness of the statement by the defendant.

1314

Hearsay evidence is admissible during the presentation of

1315

evidence at the hearing. In making its determination, the court

1316

may consider all relevant corroborating evidence, including the

1317

defendant's statements.

1318

     Section 19.  Section 560.126, Florida Statutes, is amended

1319

to read:

1320

     560.126 Significant events; notice Required notice by

1321

licensee.--

1322

     (1) A licensee Unless exempted by the office, every money

1323

transmitter must provide the office with a written notice sent by

1324

registered mail within 30 days after the occurrence or knowledge

1325

of, whichever period of time is greater, any of the following

1326

events:

1327

     (a)  The filing of a petition under the United States

1328

Bankruptcy Code for bankruptcy or reorganization by the licensee

1329

money transmitter.

1330

     (b) The commencement of an administrative or judicial

1331

license any registration suspension or revocation proceeding,

1332

either administrative or judicial, or the denial of a license any

1333

original registration request or a registration renewal, by any

1334

state, the District of Columbia, any United States territory, or

1335

any foreign country, in which the licensee money transmitter

1336

operates, or plans to operate, or is licensed or has registered

1337

to operate.

1338

     (c) A felony indictment relating to a the money services

1339

transmission business or deferred presentment provider involving

1340

the licensee, its authorized agent, or an affiliated money

1341

transmitter or a money transmitter-affiliated party of the money

1342

transmitter.

1343

     (d)  The felony conviction, guilty plea, or plea of nolo

1344

contendere, regardless of adjudication, of the licensee, its

1345

authorized agent, or an affiliated if the court adjudicates the

1346

nolo contendere pleader guilty, or the adjudication of guilt of a

1347

money transmitter or money transmitter-affiliated party.

1348

     (e)  The interruption of any corporate surety bond required

1349

under this chapter by the code.

1350

     (f) Any suspected criminal act, as defined by the

1351

commission by rule, perpetrated in this state relating to

1352

activities regulated under this chapter by an affiliated party

1353

against a money services business or its authorized agent

1354

transmitter or authorized vendor.

1355

     (g) Notification by a law enforcement or prosecutorial

1356

agency that the licensee or its authorized agent is under

1357

criminal investigation including, but not limited to, subpoenas

1358

to produce records or testimony and warrants issued by a court of

1359

competent jurisdiction which authorize the search and seizure of

1360

any records relating to a business activity regulated under this

1361

chapter.

1362

1363

However, a person does not incur liability as a result of making

1364

a good faith effort to fulfill this disclosure requirement.

1365

     (2)(a) A licensee must Each registrant under this code

1366

shall report, on a form adopted prescribed by rule of the

1367

commission, any change in the information contained in an any

1368

initial license application form, or any amendment to such

1369

application, or the appointment of an authorized agent within

1370

thereto not later than 30 days after the change is effective.

1371

     (3)(b) Each licensee must registrant under the code shall

1372

report any change changes in the partners, officers, members,

1373

joint venturers, directors, controlling shareholders, or

1374

responsible persons of the licensee any registrant or changes in

1375

the form of business organization by written amendment in such

1376

form and at such time as specified the commission specifies by

1377

rule.

1378

     (a)1. If In any case in which a person or a group of

1379

persons, directly or indirectly or acting by or through one or

1380

more persons, proposes to purchase or acquire a controlling

1381

interest in a licensee, such person or group must submit an

1382

initial application for licensure registration as a money

1383

services business or deferred presentment provider transmitter

1384

before such purchase or acquisition at such time and in such form

1385

as prescribed the commission prescribes by rule.

1386

     2. As used in this subsection, the term "controlling

1387

interest" means the same as described in s. 560.127 possession of

1388

the power to direct or cause the direction of the management or

1389

policies of a company whether through ownership of securities, by

1390

contract, or otherwise. Any person who directly or indirectly has

1391

the right to vote 25 percent or more of the voting securities of

1392

a company or is entitled to 25 percent or more of its profits is

1393

presumed to possess a controlling interest.

1394

     (b)3. The Any addition of a partner, officer, member, joint

1395

venturer, director, controlling shareholder, or responsible

1396

person of the applicant who does not have a controlling interest

1397

and who has not previously complied with the applicable

1398

provisions of ss. 560.140 and 560.141 is ss. 560.205 and 560.306

1399

shall be subject to such provisions unless required to file an

1400

initial application in accordance with subparagraph 1. If the

1401

office determines that the licensee registrant does not continue

1402

to meet the licensure registration requirements, the office may

1403

bring an administrative action in accordance with s. 560.114 to

1404

enforce the provisions of this chapter code.

1405

     (c)4. The commission shall adopt rules pursuant to ss.

1406

120.536(1) and 120.54 providing for the waiver of the license

1407

application required by this subsection if the person or group of

1408

persons proposing to purchase or acquire a controlling interest

1409

in a licensee registrant has previously complied with the

1410

applicable provisions of ss. 560.140 and 560.141 under ss.

1411

560.205 and 560.306 with the same legal entity or is currently

1412

licensed registered with the office under this chapter code.

1413

     Section 20.  Section 560.127, Florida Statutes, is amended

1414

to read:

1415

     560.127 Control of a money services business

1416

transmitter.--A person has a controlling interest in control over

1417

a money services business transmitter if the person:

1418

     (1) the individual, partnership, corporation, trust, or

1419

other organization possesses the power, directly or indirectly,

1420

to direct the management or policies of the money services

1421

business a company, whether through ownership of securities, by

1422

contract, or otherwise. A person is presumed to have control a

1423

company if the, with respect to a particular company, that

1424

person:

1425

     (1)(a) Is a director, general partner, or officer

1426

exercising executive responsibility or having similar status or

1427

functions;

1428

     (2)(b) Directly or indirectly may vote 25 percent or more

1429

of a class of a voting security or sell or direct the sale of 25

1430

percent or more of a class of voting securities; or

1431

     (3)(c) In the case of a partnership, may receive upon

1432

dissolution or has contributed 25 percent or more of the capital.

1433

     (2) The office determines, after notice and opportunity for

1434

hearing, that the person directly or indirectly exercises a

1435

controlling influence over the activities of the money

1436

transmitter.

1437

     Section 21.  Section 560.128, Florida Statutes, is amended

1438

to read:

1439

     560.128 Customer contacts; license display Consumer

1440

disclosure.--

1441

     (1) A money services business or its authorized agent must

1442

provide each customer with Every money transmitter and authorized

1443

vendor shall provide each consumer of a money transmitter

1444

transaction a toll-free telephone number for the purpose of

1445

contacting the money services business or its authorized agent

1446

or, consumer contacts; However, in lieu of a such toll-free

1447

telephone number, the money transmitter or authorized vendor may

1448

provide the address and telephone number of the office may be

1449

provided and the Division of Consumer Services of the Department

1450

of Financial Services.

1451

     (2) The commission may by rule require a licensee every

1452

money transmitter to display its license registration at each

1453

location, including the location of each person designated by the

1454

registrant as an authorized vendor, where the licensee the money

1455

transmitter engages in the activities authorized by the license

1456

registration.

1457

     Section 22.  Section 560.129, Florida Statutes, is amended

1458

to read:

1459

     560.129  Confidentiality.--

1460

     (1)(a) Except as otherwise provided in this section, all

1461

information concerning an investigation or examination conducted

1462

by the office pursuant to this chapter, including any customer

1463

consumer complaint received by the office, the commission, or the

1464

Department of Financial Services, is confidential and exempt from

1465

s. 119.07(1) and s. 24(a), Art. I of the State Constitution until

1466

the investigation or examination ceases to be active. For

1467

purposes of this section, an investigation or examination is

1468

considered "active" so long as the office or any other

1469

administrative, regulatory, or law enforcement agency of any

1470

jurisdiction is proceeding with reasonable dispatch and has a

1471

reasonable good faith belief that action may be initiated by the

1472

office or other administrative, regulatory, or law enforcement

1473

agency.

1474

     (2)(b) Notwithstanding paragraph (a), All information

1475

obtained by the office in the course of its investigation or

1476

examination which is a trade secret, as defined in s. 688.002, or

1477

which is personal financial information shall remain confidential

1478

and exempt from s. 119.07(1) and s. 24(a), Art. I of the State

1479

Constitution. If any administrative, civil, or criminal

1480

proceeding against a the money services business, its authorized

1481

agent, transmitter or an affiliated a money transmitter-

1482

affiliated party is initiated and the office seeks to use matter

1483

that a licensee registrant believes to be a trade secret or

1484

personal financial information, such records shall be subject to

1485

an in camera review by the administrative law judge, if the

1486

matter is before the Division of Administrative Hearings, or a

1487

judge of any court of this state, any other state, or the United

1488

States, as appropriate, for the purpose of determining if the

1489

matter is a trade secret or is personal financial information. If

1490

it is determined that the matter is a trade secret, the matter

1491

shall remain confidential. If it is determined that the matter is

1492

personal financial information, the matter shall remain

1493

confidential unless the administrative law judge or judge

1494

determines that, in the interests of justice, the matter should

1495

become public.

1496

     (3)(c) If an any administrative, civil, or criminal

1497

proceeding against a the money services business, its authorized

1498

agent, transmitter or an affiliated a money transmitter-

1499

affiliated party results in an acquittal or the dismissal of all

1500

of the allegations against the money transmitter or a money

1501

transmitter-affiliated party, upon the request of any party, the

1502

administrative law judge or the judge may order all or a portion

1503

of the record of the proceeding to be sealed, and it shall

1504

thereafter be confidential and exempt from s. 119.07(1) and s.

1505

24(a), Art. I of the State Constitution.

1506

     (4)(d) Except as necessary for the office or any other

1507

administrative, regulatory, or law enforcement agency of any

1508

jurisdiction to enforce the provisions of this chapter or the law

1509

of any other state or the United States, a consumer complaint and

1510

other information concerning an investigation or examination

1511

shall remain confidential and exempt from s. 119.07(1) and s.

1512

24(a), Art. I of the State Constitution after the investigation

1513

or examination ceases to be active to the extent that disclosure

1514

would:

1515

     (a)1. Jeopardize the integrity of another active

1516

investigation;

1517

     (b)2. Reveal personal financial information;

1518

     (c)3. Reveal the identity of a confidential source; or

1519

     (d)4. Reveal investigative techniques or procedures.

1520

     (5)(2) This section does not prevent or restrict:

1521

     (a)  Furnishing records or information to any appropriate

1522

regulatory, prosecutorial, agency or law enforcement agency if

1523

such agency adheres to the confidentiality provisions of this

1524

chapter the code;

1525

     (b) Furnishing records or information to an appropriate

1526

regulator or independent third party or a certified public

1527

accountant who has been approved by the office to conduct an

1528

examination under s. 560.1091 s. 560.118(1)(b), if the

1529

independent third party or certified public accountant adheres to

1530

the confidentiality provisions of this chapter the code; or

1531

     (c) Reporting any suspicious suspected criminal activity,

1532

with supporting documents and information, to appropriate

1533

regulatory, law enforcement, or prosecutorial agencies.

1534

     (6)(3) All quarterly reports submitted by a money

1535

transmitter to the office under s. 560.118(2) s. 560.118(2)(b)

1536

are confidential and exempt from s. 119.07(1) and s. 24(a), Art.

1537

I of the State Constitution.

1538

     (4) Examination reports, investigatory records,

1539

applications, and related information compiled by the office, or

1540

photographic copies thereof, shall be retained by the office for

1541

a period of at least 3 years following the date that the

1542

examination or investigation ceases to be active. Application

1543

records, and related information compiled by the office, or

1544

photographic copies thereof, shall be retained by the office for

1545

a period of at least 2 years following the date that the

1546

registration ceases to be active.

1547

     (7)(5) Any person who willfully discloses information made

1548

confidential by this section commits a felony of the third

1549

degree, punishable as provided in s. 775.082 or s. 775.083.

1550

     Section 23.  Section 560.140, Florida Statutes, is created

1551

to read:

1552

     560.140 Licensing standards.--To qualify for licensure as a

1553

money services business under this chapter, an applicant must:

1554

     (1) Demonstrate to the office the character and general

1555

fitness necessary to command the confidence of the public and

1556

warrant the belief that the money services business or deferred

1557

presentment provider shall be operated lawfully and fairly.

1558

     (2) Be legally authorized to do business in this state.

1559

     (3) Be registered as a money services business with the

1560

Financial Crimes Enforcement Network as required by 31 C.F.R. s.

1561

103.41, if applicable.

1562

     (4) Have an anti-money laundering program in place which

1563

meets the requirements of 31 C.F.R. s. 103.125.

1564

     (5) Provide the office with all the information required

1565

under this chapter and related rules.

1566

     Section 24.  Section 560.141, Florida Statutes, is created

1567

to read:

1568

     560.141 License application.--

1569

     (1) To apply for a license as a money services business

1570

under this chapter the applicant must:

1571

     (a) Submit an application to the office on forms prescribed

1572

by rule which includes the following information:

1573

     1. The legal name and address of the applicant, including

1574

any fictitious or trade names used by the applicant in the

1575

conduct of its business.

1576

     2. The date of the applicant's formation and the state in

1577

which the applicant was formed, if applicable.

1578

     3. The name, social security number, alien identification

1579

or taxpayer identification number, business and residence

1580

addresses, and employment history for the past 5 years for each

1581

officer, director, responsible person, the compliance officer,

1582

each controlling shareholder, any other person who has a

1583

controlling interest in the money services business as provided

1584

in s. 560.127.

1585

     4. A description of the organizational structure of the

1586

applicant, including the identity of any parent or subsidiary of

1587

the applicant, and the disclosure of whether any parent or

1588

subsidiary is publicly traded.

1589

     5. The applicant's history of operations in other states if

1590

applicable and a description of the money services business or

1591

deferred presentment provider activities proposed to be conducted

1592

by the applicant in this state.

1593

     6. If the applicant or its parent is a publicly traded

1594

company, copies of all filings made by the applicant with the

1595

United States Securities and Exchange Commission, or with a

1596

similar regulator in a country other than the United States,

1597

within the preceding year.

1598

     7. The location at which the applicant proposes to

1599

establish its principal place of business and any other location,

1600

including branch offices and authorized agents operating in this

1601

state. For each branch office identified and each authorized

1602

agent appointed, the applicant shall include the nonrefundable

1603

fee required by s. 560.143.

1604

     8. The name and address of the clearing financial

1605

institution or financial institutions through which the

1606

applicant's payment instruments are drawn or through which the

1607

payment instruments are payable.

1608

     8. The history of the applicant's material litigation,

1609

criminal convictions, pleas of nolo contendere, and cases of

1610

adjudication withheld.

1611

     9. The history of material litigation, arrests, criminal

1612

convictions, pleas of nolo contendere, and cases of adjudication

1613

withheld for each executive officer, director, controlling

1614

shareholder, and responsible person.

1615

     10. The name of the registered agent in this state for

1616

service of process unless the applicant is a sole proprietor.

1617

     11. Any other information specified in this chapter or by

1618

rule.

1619

     (b) In addition to the application form, submit:

1620

     1. A nonrefundable application fee as provided in s.

1621

560.143.

1622

     2. A fingerprint card for each of the persons listed in

1623

subparagraph (a)3. unless the applicant is a publicly traded

1624

corporation, or is exempted from this chapter under s.

1625

560.104(1). The fingerprints must be taken by an authorized law

1626

enforcement agency. The office shall submit the fingerprints to

1627

the Department of Law Enforcement for state processing and the

1628

Department of Law Enforcement shall forward the fingerprints to

1629

the Federal Bureau of Investigations for federal processing. The

1630

cost of the fingerprint processing may be borne by the office,

1631

the employer, or the person subject to the criminal records

1632

background check. The office shall screen the background results

1633

to determine if the applicant meets licensure requirements. As

1634

used in this section, the term "publicly traded" means a stock is

1635

currently traded on a national securities exchange registered

1636

with the federal Securities and Exchange Commission or traded on

1637

an exchange in a country other than the United States regulated

1638

by a regulator equivalent to the Securities and Exchange

1639

Commission and the disclosure and reporting requirements of such

1640

regulator are substantially similar to those of the commission.

1641

     3. A copy of the applicant's written anti-money laundering

1642

program required under 31 C.F.R. s. 103.125.

1643

     4. Within the time allotted by rule, any information needed

1644

to resolve any deficiencies found in the application.

1645

     (2) If the office determines that the applicant meets the

1646

qualifications and requirements of this chapter, the office shall

1647

issue a license to the applicant. A license may not be issued for

1648

more than 2 years.

1649

     (a) A license issued under part II of this chapter shall

1650

expire on April 30 of the second year following the date of

1651

issuance of the license unless during such period the license is

1652

surrendered, suspended, or revoked.

1653

     (b) A license issued under part III of this chapter shall

1654

expire on December 31 of the second year following the date of

1655

issuance of the license unless during such period the license is

1656

surrendered, suspended, or revoked.

1657

     Section 25.  Section 560.142, Florida Statutes, is created

1658

to read:

1659

     560.142 License renewal.--

1660

     (1) A license may be renewed for a subsequent 2-year period

1661

by furnishing such application as required by rule, together with

1662

the payment of a nonrefundable renewal fee as provided under s.

1663

560.143, on or before the license expiration date, or for the

1664

remainder of any such period without proration following the date

1665

of license expiration.

1666

     (2) In addition to the renewal fee, each part II licensee

1667

must pay a 2-year nonrefundable renewal fee as provided in s.

1668

560.143 for each authorized agent or location operating within

1669

this state.

1670

     (3) A licensee who has on file with the office a

1671

declaration of intent to engage in deferred presentment

1672

transactions may renew a declaration upon license renewal by

1673

submitting a nonrefundable deferred presentment provider renewal

1674

fee as provided in s. 560.143.

1675

     (4) If a license or declaration of intent to engage in

1676

deferred presentment transactions expires, the license or

1677

declaration of intent may be reinstated only if a renewal

1678

application or declaration of intent, all required renewal fees,

1679

and any applicable late fees are received by the office within 60

1680

days after expiration. If not submitted within 60 days, the

1681

license or declaration on intent expires and a new license

1682

application or declaration of intent must be filed with the

1683

office pursuant to this chapter.

1684

     (5) The commission may adopt rules to administer this

1685

section.

1686

     Section 26.  Section 560.143, Florida Statutes, is created

1687

to read:

1688

     560.143 Fees.--

1689

     (1) License Application Fees.--The applicable non-

1690

refundable fees must accompany an application for licensure:

1691

     (a) Under part II                                        $500.

1692

     (b) Part III                                             $250.

1693

     (c) Per branch office                                    $50.

1694

     (d) For each appointment of an authorized agent           $50.

1695

     (e) Declaration as a deferred presentment provider $1,000.

1696

     (f) Fingerprint fees as prescribed by rule.

1697

     (2) License Renewal FeeS.--The applicable non-refundable

1698

license renewal fees must accompany a renewal of licensure:

1699

     (a) Part II                                         1,000.

1700

     (b) Part III                                             $500.

1701

     (c) Per branch office                                    $50.

1702

     (d) For each appointment of an authorized agents           $50.

1703

     (e) Declaration as a deferred presentment provider $1,000.

1704

     (f) Renewal fees for branch offices and authorized agents

1705

are limited to $20,000 biennially.

1706

     (3) late license renewal feeS.--

1707

     (a) Part II                                             $500.

1708

     (b) Part III                                             $250.

1709

     (c) Declaration as a deferred presentment provider $500.

1710

     Section 27.  Section 560.203, Florida Statutes, is amended

1711

to read:

1712

     560.203 Exemptions from licensure.--Authorized agents

1713

vendors of a licensee registrant acting within the scope of

1714

authority conferred by the licensee are registrant shall be

1715

exempt from licensure but are having to register pursuant to the

1716

code but shall otherwise be subject to the its provisions of this

1717

chapter.

1718

     Section 28.  Section 560.204, Florida Statutes, is amended

1719

to read:

1720

     560.204 License required Requirement of registration.--

1721

     (1) Unless exempted, a No person may not shall engage in

1722

for consideration, or nor in any manner advertise that they

1723

engage, in, the selling or issuing of payment instruments or in

1724

the activity of a money funds transmitter, for compensation,

1725

without first obtaining a license registration under the

1726

provisions of this part. For purposes of this section,

1727

"compensation" includes profit or loss on the exchange of

1728

currency.

1729

     (2) A licensee under this part person registered pursuant

1730

to this part is permitted to engage in the activities authorized

1731

by this part. A person registered pursuant to this part may also

1732

engage in the activities authorized under part III of this

1733

chapter without the imposition of any additional licensing fees

1734

and is exempt from the registration fee required by s. 560.307.

1735

     Section 29.  Section 560.205, Florida Statutes, is amended

1736

to read:

1737

     560.205 Additional license application requirements

1738

Qualifications of applicant for registration; contents.--In

1739

addition to the license application requirements under part I of

1740

this chapter, an applicant seeking a license under this part must

1741

also submit to the office:

1742

     (1) A sample authorized agent contract, if applicable.

1743

     (2) A sample form of payment instrument, if applicable.

1744

     (3) Documents demonstrating that the net worth and bonding

1745

requirements specified in s. 560.209 have been fulfilled.

1746

     (4) A copy of the applicant's financial audit report for

1747

the most recent fiscal year.

1748

     (1) To qualify for registration under this part, an

1749

applicant must demonstrate to the office such character and

1750

general fitness as to command the confidence of the public and

1751

warrant the belief that the registered business will be operated

1752

lawfully and fairly. The office may investigate each applicant to

1753

ascertain whether the qualifications and requirements prescribed

1754

by this part have been met. The office's investigation may

1755

include a criminal background investigation of all controlling

1756

shareholders, principals, officers, directors, members, and

1757

responsible persons of a funds transmitter and a payment

1758

instrument seller and all persons designated by a funds

1759

transmitter or payment instrument seller as an authorized vendor.

1760

Each controlling shareholder, principal, officer, director,

1761

member, and responsible person of a funds transmitter or payment

1762

instrument seller, unless the applicant is a publicly traded

1763

corporation as defined by the commission by rule, a subsidiary

1764

thereof, or a subsidiary of a bank or bank holding company

1765

organized and regulated under the laws of any state or the United

1766

States, shall file a complete set of fingerprints. A fingerprint

1767

card submitted to the office must be taken by an authorized law

1768

enforcement agency. The office shall submit the fingerprints to

1769

the Department of Law Enforcement for state processing, and the

1770

Department of Law Enforcement shall forward the fingerprints to

1771

the Federal Bureau of Investigation for state and federal

1772

processing. The cost of the fingerprint processing may be borne

1773

by the office, the employer, or the person subject to the

1774

background check. The Department of Law Enforcement shall submit

1775

an invoice to the office for the fingerprints received each

1776

month. The office shall screen the background results to

1777

determine if the applicant meets licensure requirements. The

1778

commission may waive by rule the requirement that applicants file

1779

a set of fingerprints or the requirement that such fingerprints

1780

be processed by the Department of Law Enforcement or the Federal

1781

Bureau of Investigation.

1782

     (2) Each application for registration must be submitted

1783

under oath to the office on such forms as the commission

1784

prescribes by rule and must be accompanied by a nonrefundable

1785

application fee. Such fee may not exceed $500 for each payment

1786

instrument seller or funds transmitter and $50 for each

1787

authorized vendor or location operating within this state. The

1788

application must contain such information as the commission

1789

requires by rule, including, but not limited to:

1790

     (a) The name and address of the applicant, including any

1791

fictitious or trade names used by the applicant in the conduct of

1792

its business.

1793

     (b) The history of the applicant's material litigation,

1794

criminal convictions, pleas of nolo contendere, and cases of

1795

adjudication withheld.

1796

     (c) A description of the activities conducted by the

1797

applicant, the applicant's history of operations, and the

1798

business activities in which the applicant seeks to engage in

1799

this state.

1800

     (d) A sample authorized vendor contract, if applicable.

1801

     (e) A sample form of payment instrument, if applicable.

1802

     (f) The name and address of the clearing financial

1803

institution or financial institutions through which the

1804

applicant's payment instruments will be drawn or through which

1805

such payment instruments will be payable.

1806

     (g) Documents revealing that the net worth and bonding

1807

requirements specified in s. 560.209 have been or will be

1808

fulfilled.

1809

     (3) Each application for registration by an applicant that

1810

is a corporation shall contain such information as the commission

1811

requires by rule, including, but not limited to:

1812

     (a) The date of the applicant's incorporation and state of

1813

incorporation.

1814

     (b) A certificate of good standing from the state or

1815

country in which the applicant was incorporated.

1816

     (c) A description of the corporate structure of the

1817

applicant, including the identity of any parent or subsidiary of

1818

the applicant, and the disclosure of whether any parent or

1819

subsidiary is publicly traded on any stock exchange.

1820

     (d) The name, social security number, business and

1821

residence addresses, and employment history for the past 5 years

1822

for each executive officer, each director, each controlling

1823

shareholder, and the responsible person who will be in charge of

1824

all the applicant's business activities in this state.

1825

     (e) The history of material litigation and criminal

1826

convictions, pleas of nolo contendere, and cases of adjudication

1827

withheld for each officer, each director, each controlling

1828

shareholder, and the responsible person who will be in charge of

1829

the applicant's registered activities.

1830

     (f) Copies of the applicant's audited financial statements

1831

for the current year and, if available, for the immediately

1832

preceding 2-year period. In cases where the applicant is a wholly

1833

owned subsidiary of another corporation, the parent's

1834

consolidated audited financial statements may be submitted to

1835

satisfy this requirement. An applicant who is not required to

1836

file audited financial statements may satisfy this requirement by

1837

filing unaudited financial statements verified under penalty of

1838

perjury, as provided by the commission by rule.

1839

     (g) An applicant who is not required to file audited

1840

financial statements may file copies of the applicant's

1841

unconsolidated, unaudited financial statements for the current

1842

year and, if available, for the immediately preceding 2-year

1843

period.

1844

     (h) If the applicant is a publicly traded company, copies

1845

of all filings made by the applicant with the United States

1846

Securities and Exchange Commission, or with a similar regulator

1847

in a country other than the United States, within the year

1848

preceding the date of filing of the application.

1849

     (4) Each application for registration submitted to the

1850

office by an applicant that is not a corporation shall contain

1851

such information as the commission requires by rule, including,

1852

but not limited to:

1853

     (a) Evidence that the applicant is registered to do

1854

business in this state.

1855

     (b) The name, business and residence addresses, personal

1856

financial statement and employment history for the past 5 years

1857

for each individual having a controlling ownership interest in

1858

the applicant, and each responsible person who will be in charge

1859

of the applicant's registered activities.

1860

     (c) The history of material litigation and criminal

1861

convictions, pleas of nolo contendere, and cases of adjudication

1862

withheld for each individual having a controlling ownership

1863

interest in the applicant and each responsible person who will be

1864

in charge of the applicant's registered activities.

1865

     (d) Copies of the applicant's audited financial statements

1866

for the current year, and, if available, for the preceding 2

1867

years. An applicant who is not required to file audited financial

1868

statements may satisfy this requirement by filing unaudited

1869

financial statements verified under penalty of perjury, as

1870

provided by the commission by rule.

1871

     (5) Each applicant shall designate and maintain an agent in

1872

this state for service of process.

1873

     Section 30.  Effective January 1, 2009, section 560.208,

1874

Florida Statutes, is amended to read:

1875

     560.208 Conduct of business.--In addition to the

1876

requirements specified in s. 560.140, a licensee under this part:

1877

     (1) A registrant May conduct its business at one or more

1878

locations within this state through branches or by means of

1879

authorized agents vendors, as designated by the licensee and

1880

approved by the office registrant, including the conduct of

1881

business through electronic transfer, such as by the telephone or

1882

the Internet.

1883

     (2) Notwithstanding and without violating s. 501.0117, a

1884

registrant may charge a different price for a money transmitter

1885

funds transmission service based on the mode of transmission used

1886

in the transaction as, so long as the price charged for a service

1887

paid for with a credit card is not more greater than the price

1888

charged when the that service is paid for with currency or other

1889

similar means accepted within the same mode of transmission.

1890

     (3) Is responsible for the acts of its authorized agents

1891

within the scope of its written contract with the agent.

1892

     (4) Shall place assets that are the property of a customer

1893

in a segregated account in a federally insured financial

1894

institution and shall maintain separate accounts for operating

1895

capital and the clearing of customer funds.

1896

     (5) Shall, in the normal course of business, ensure that

1897

money transmitted is available to the designated recipient within

1898

10 business days after receipt.

1899

     (6) Shall immediately upon receipt of currency or payment

1900

instrument provide a confirmation number to the customer

1901

verbally, by paper, or electronically.

1902

     (2) Within 60 days after the date a registrant either opens

1903

a location within this state or authorizes an authorized vendor

1904

to operate on the registrant's behalf within this state, the

1905

registrant shall notify the office on a form prescribed by the

1906

commission by rule. The notification shall be accompanied by a

1907

nonrefundable $50 fee for each authorized vendor or location.

1908

Each notification shall also be accompanied by a financial

1909

statement demonstrating compliance with s. 560.209(1), unless

1910

compliance has been demonstrated by a financial statement filed

1911

with the registrant's quarterly report in compliance with s.

1912

560.118(2). The financial statement must be dated within 90 days

1913

of the date of designation of the authorized vendor or location.

1914

This subsection shall not apply to any authorized vendor or

1915

location that has been designated by the registrant before

1916

October 1, 2001.

1917

     (3) Within 60 days after the date a registrant closes a

1918

location within this state or withdraws authorization for an

1919

authorized vendor to operate on the registrant's behalf within

1920

this state, the registrant shall notify the office on a form

1921

prescribed by the commission by rule.

1922

     Section 31.  Effective January 1, 2009, section 560.2085,

1923

Florida Statutes, is created to read:

1924

     560.2085 Authorized agents.--A licensee under this part

1925

shall:

1926

     (1) Before an authorized agent commences business on behalf

1927

of a licensee, file with the office such information as

1928

prescribed by rule together with the nonrefundable appointment

1929

fee as provided by s. 560.143, for any person whom the licensee

1930

seeks to appoint as an authorized agent together.

1931

     (2) Enter into a written contract, signed by the licensee

1932

and the authorized agent, which:

1933

     (a) Sets forth the nature and scope of the relationship

1934

between the licensee and the authorized agent, including the

1935

respective rights and responsibilities of the parties; and

1936

     (b) Includes contract provisions that require the

1937

authorized agent to:

1938

     1. Report to the licensee, immediately upon discovery, the

1939

theft or loss of currency received for a transmission or payment

1940

instrument;

1941

     2. Display a notice to the public, in such form as

1942

prescribed by rule, that the agent is the authorized agent of

1943

licensee;

1944

     3. Remit all amounts owed to the licensee for all

1945

transmissions accepted and all payment instruments sold in

1946

accordance with the contract between the licensee and the

1947

authorized agent;

1948

     4. Hold in trust, in favor of the licensee, all money

1949

received for all transmissions accepted or payment instruments

1950

sold from the time of receipt by the authorized agent until the

1951

time the money is forwarded to the licensee;

1952

     5. Not commingle the money received for transmissions

1953

accepted or payment instruments sold on behalf of the licensee

1954

with the money or property of the authorized agent, except for

1955

making change in the ordinary course of the agent's business, and

1956

ensure that the money is accounted for at the end of the business

1957

day;

1958

     6. Consent to examination or investigation by the office;

1959

     7. Adhere to the applicable state and federal laws and

1960

rules pertaining to a money services business; and

1961

     8. Provide such other information or disclosure as may be

1962

required by rule.

1963

     (3) Develop and implement written internal audit policies

1964

and procedures to monitor compliance with applicable state and

1965

federal law by its authorized agents.

1966

     (4) Hold in trust all currency or payment instruments

1967

received for transmissions or for the purchase of payment

1968

instruments from the time of receipt by the licensee or

1969

authorized agent until the time the transmission obligation is

1970

completed.

1971

     Section 32.  Section 560.209, Florida Statutes, is amended

1972

to read:

1973

     560.209 Adjusted net worth; corporate surety bond;

1974

collateral deposit in lieu of bond.--

1975

     (1) A licensee must Any person engaging in a registered

1976

activity shall have an adjusted a net worth of at least $100,000

1977

computed according to generally accepted accounting principles. A

1978

licensee operating in Applicants proposing to conduct registered

1979

activities at more than one location must shall have an

1980

additional adjusted net worth of $10,000 $50,000 per location in

1981

this state, up as applicable, to a maximum of $2 million

1982

$500,000. The required adjusted net worth must be maintained at

1983

all times.

1984

     (2) A licensee must obtain an annual financial audit

1985

report, which must be submitted to the office within 120 days

1986

after the end of the licensee's fiscal year end, as disclosed to

1987

the office.

1988

     (3)(2) Before the office may issue a license under this

1989

part registration, the applicant must provide to the office a

1990

corporate surety bond, issued by a bonding company or insurance

1991

company authorized to do business in this state.

1992

     (a) The corporate surety bond shall be in an such amount as

1993

specified may be determined by commission rule, but may shall not

1994

be less than $50,000 or exceed $2 million $250,000. The rule

1995

shall provide allowances for the financial condition, number of

1996

locations, and anticipated volume of the licensee. However, the

1997

commission and office may consider extraordinary circumstances,

1998

such as the registrant's financial condition, the number of

1999

locations, and the existing or anticipated volume of outstanding

2000

payment instruments or funds transmitted, and require an

2001

additional amount above $250,000, up to $500,000.

2002

     (b) The corporate surety bond must shall be in a form

2003

satisfactory to the office and shall run to the state for the

2004

benefit of any claimants in this state against the applicant or

2005

its authorized agents vendors to secure the faithful performance

2006

of the obligations of the applicant and its agents authorized

2007

vendors with respect to the receipt, handling, transmission, and

2008

payment of funds. The aggregate liability of the corporate surety

2009

bond may not in no event shall exceed the principal sum of the

2010

bond. Such Claimants against the applicant or its authorized

2011

agent vendors may themselves bring suit directly on the corporate

2012

surety bond, or the Department of Legal Affairs may bring suit

2013

thereon on behalf of the such claimants, in either one action or

2014

in successive actions.

2015

     (c) The A corporate surety bond filed with the office for

2016

purposes of compliance with this section may not be canceled by

2017

either the licensee registrant or the corporate surety except

2018

upon written notice to the office by registered or certified mail

2019

with return receipt requested. A cancellation may shall not take

2020

effect until less than 30 days after receipt by the office of the

2021

such written notice.

2022

     (d)  The corporate surety must, within 10 days after it pays

2023

any claim to any claimant, give written notice to the office by

2024

registered or certified mail of such payment with details

2025

sufficient to identify the claimant and the claim or judgment so

2026

paid.

2027

     (e) If Whenever the principal sum of the such bond is

2028

reduced by one or more recoveries or payments, the licensee

2029

registrant must furnish a new or additional bond so that the

2030

total or aggregate principal sum of the such bond equals the sum

2031

required pursuant to paragraph (a) by the commission.

2032

Alternatively, a licensee registrant may furnish an endorsement

2033

executed by the corporate surety reinstating the bond to the

2034

required principal sum thereof.

2035

     (4)(3) In lieu of a such corporate surety bond, or of any

2036

portion of the principal sum thereof required by this section,

2037

the applicant may deposit collateral cash, securities, or

2038

alternative security devices as provided by rule approved by the

2039

commission, with a any federally insured financial institution.

2040

     (a) Acceptable collateral deposit items in lieu of a bond

2041

include cash and interest-bearing stocks and bonds, notes,

2042

debentures, or other obligations of the United States or any

2043

agency or instrumentality thereof, or guaranteed by the United

2044

States, or of this state.

2045

     (b)  The collateral deposit must be in an aggregate amount,

2046

based upon principal amount or market value, whichever is lower,

2047

of at least not less than the amount of the required corporate

2048

surety bond or portion thereof.

2049

     (c) Collateral deposits must made under this subsection

2050

shall be pledged to the office and held by the insured financial

2051

institution to secure the same obligations as would the corporate

2052

surety bond, but the depositor is entitled to receive any all

2053

interest and dividends thereon and may, with the approval of the

2054

office, substitute other securities or deposits for those

2055

deposited. The principal amount of the deposit shall be released

2056

only on written authorization of the office or on the order of a

2057

court of competent jurisdiction.

2058

     (5)(4) A licensee registrant must at all times have and

2059

maintain the bond or collateral deposit in the required amount

2060

prescribed by the commission. If the office at any time

2061

reasonably determines that the bond or elements of the collateral

2062

deposit are insecure, deficient in amount, or exhausted in whole

2063

or in part, the office may, by written order, require the filing

2064

of a new or supplemental bond or the deposit of new or additional

2065

collateral deposit items.

2066

     (6)(5) The bond and collateral deposit shall remain in

2067

place for 5 years after the licensee registrant ceases licensed

2068

registered operations in this state. The office may allow permit

2069

the bond or collateral deposit to be reduced or eliminated prior

2070

to that time to the extent that the amount of the licensee's

2071

registrant's outstanding payment instruments or money funds

2072

transmitted in this state are reduced. The office may also allow

2073

a licensee permit a registrant to substitute a letter of credit

2074

or such other form of acceptable security for the bond or

2075

collateral deposit at the time the licensee registrant ceases

2076

licensed money transmission operations in this state.

2077

     (6) The office may waive or reduce a registrant's net worth

2078

or bond or collateral deposit requirement. Such waiver or

2079

modification must be requested by the applicant or registrant,

2080

and may be granted upon a showing by the applicant or registrant

2081

to the satisfaction of the office that:

2082

     (a) The existing net worth, bond, or collateral deposit

2083

requirement is sufficiently in excess of the registrant's highest

2084

potential level of outstanding payment instruments or money

2085

transmissions in this state;

2086

     (b) The direct and indirect cost of meeting the net worth,

2087

bond, or collateral deposit requirement will restrict the ability

2088

of the money transmitter to effectively serve the needs of its

2089

customers and the public; or

2090

     (c) The direct and indirect cost of meeting the net worth,

2091

bond, or collateral requirement will not only have a negative

2092

impact on the money transmitter but will severely hinder the

2093

ability of the money transmitter to participate in and promote

2094

the economic progress and welfare of this state or the United

2095

States.

2096

     Section 33.  Section 560.210, Florida Statutes, is amended

2097

to read:

2098

     560.210  Permissible investments.--

2099

     (1) A licensee must registrant shall at all times possess

2100

permissible investments with an aggregate market value,

2101

calculated in accordance with United States generally accepted

2102

accounting principles, of at least not less than the aggregate

2103

face amount of all outstanding money funds transmissions and

2104

payment instruments issued or sold by the licensee registrant or

2105

an authorized agent vendor in the United States. As used in this

2106

section,

2107

     (2) Acceptable permissible investments include:

2108

     (a)  Cash.

2109

     (b)  Certificates of deposit or other deposit liabilities of

2110

a domestic or foreign financial institution, either domestic or

2111

foreign.

2112

     (c)  Bankers' acceptances eligible for purchase by member

2113

banks of the Federal Reserve System.

2114

     (d)  An investment bearing a rating of one of the three

2115

highest grades as defined by a nationally recognized rating

2116

service of such securities.

2117

     (e)  Investment securities that are obligations of the

2118

United States, its agencies or instrumentalities, or obligations

2119

that are guaranteed fully as to principal and interest by the

2120

United States, or any obligations of any state or municipality,

2121

or any political subdivision thereof.

2122

     (f)  Shares in a money market mutual fund.

2123

     (g)  A demand borrowing agreement or agreements made to a

2124

corporation or a subsidiary of a corporation whose capital stock

2125

is listed on a national exchange.

2126

     (h) Receivables that are due to a licensee registrant from

2127

the licensee's registrant's authorized agent vendors except those

2128

that are more than 90 30 days past due or are doubtful of

2129

collection.

2130

     (i) Any other investment approved by rule the commission.

2131

     (2)(3) Notwithstanding any other provision of this part,

2132

the office, with respect to any particular licensee registrant or

2133

all licensees registrants, may limit the extent to which any

2134

class of permissible investments may be considered a permissible

2135

investment, except for cash and certificates of deposit.

2136

     (3)(4) The office may waive the permissible investments

2137

requirement if the dollar value of a licensee's registrant's

2138

outstanding payment instruments and money funds transmitted do

2139

not exceed the bond or collateral deposit posted by the licensee

2140

registrant under s. 560.209.

2141

     Section 34.  Section 560.211, Florida Statutes, is amended

2142

to read:

2143

     560.211 Required records.--

2144

     (1) In addition to the record retention requirements under

2145

s. 560.110, each licensee under this part Each registrant must

2146

make, keep, and preserve the following books, accounts, records,

2147

and documents other records for 5 a period of 3 years:

2148

     (a) A daily record or records of payment instruments sold

2149

and money funds transmitted.

2150

     (b)  A general ledger containing all asset, liability,

2151

capital, income, and expense accounts, which general ledger shall

2152

be posted at least monthly.

2153

     (c) Daily settlement sheets received from authorized agents

2154

vendors.

2155

     (d) Monthly financial institution statements and

2156

reconciliation records.

2157

     (e) Records of outstanding payment instruments and money

2158

funds transmitted.

2159

     (f) Records of each payment instrument paid and money funds

2160

transmission delivered within the 3-year period.

2161

     (g)  A list of the names and addresses of all of the

2162

licensee's registrant's authorized agents vendors, as well as

2163

copies of each authorized vendor contract.

2164

     (h) Records that document the establishment, monitoring,

2165

and termination of relationships with authorized agents and

2166

foreign affiliates.

2167

     (i) Any additional records, as prescribed by rule, designed

2168

to detect and prevent money laundering.

2169

     (2) The records required to be maintained by the code may

2170

be maintained by the registrant at any location if the registrant

2171

notifies the office in writing of the location of the records in

2172

its application or otherwise by amendment as prescribed by

2173

commission rule. The registrant shall make such records available

2174

to the office for examination and investigation in this state, as

2175

permitted by the code, within 7 days after receipt of a written

2176

request.

2177

     (3) Registrants and authorized vendors need not preserve or

2178

retain any of the records required by this section or copies

2179

thereof for a period longer than 3 years unless a longer period

2180

is expressly required by the laws of this state or federal law. A

2181

registrant or authorized vendor may destroy any of its records or

2182

copies thereof after the expiration of the retention period

2183

required by this section.

2184

     (4) The original of any record of a registrant or

2185

authorized vendor includes the data or other information

2186

comprising a record stored or transmitted in or by means of any

2187

electronic, computerized, mechanized, or other information

2188

storage or retrieval or transmission system or device which can

2189

upon request generate, regenerate, or transmit the precise data

2190

or other information comprising the record; and an original also

2191

includes the visible data or other information so generated,

2192

regenerated, or transmitted if it is legible or can be made

2193

legible by enlargement or other process.

2194

     (2)(5) Any person who willfully fails to comply with this

2195

section commits a felony of the third degree, punishable as

2196

provided in s. 775.082, s. 775.083, or s. 775.084.

2197

     Section 35.  Section 560.212, Florida Statutes, is amended

2198

to read:

2199

     560.212 Financial liability.--A licensee Each registrant

2200

under this part is liable for the payment of all money funds

2201

transmitted and payment instruments that it sells, in whatever

2202

form and whether directly or through an authorized agent vendor,

2203

as the maker, drawer, or principal thereof, regardless of whether

2204

such item is negotiable or nonnegotiable.

2205

     Section 36.  Section 560.213, Florida Statutes, is amended

2206

to read:

2207

     560.213  Payment instrument information.--Each payment

2208

instrument sold or issued by a licensee registrant, directly or

2209

through an authorized agent vendor, must shall bear the name of

2210

the licensee, and any other information as may be required by

2211

rule, registrant clearly imprinted thereon.

2212

     Section 37.  Section 560.303, Florida Statutes, is amended

2213

to read:

2214

     560.303 License required Requirement of registration.--

2215

     (1) A No person may not shall engage in, or in any manner

2216

advertise engagement in, the business of cashing payment

2217

instruments or the exchanging of foreign currency without being

2218

licensed first registering under the provisions of this part.

2219

     (2) A person licensed under registered pursuant to this

2220

part may not engage in the activities authorized by this part. A

2221

person registered under this part is prohibited from engaging

2222

directly in the activities that require a license under are

2223

authorized under a registration issued pursuant to part II of

2224

this chapter, but may be such person is not prohibited from

2225

engaging in an authorized agent for vendor relationship with a

2226

person licensed registered under part II.

2227

     (3) A person exempt from licensure under registration

2228

pursuant to this part engaging in the business of cashing payment

2229

instruments or the exchanging of foreign currency may shall not

2230

charge fees in excess of those provided in s. 560.309.

2231

     Section 38.  Section 560.304, Florida Statutes, is amended

2232

to read:

2233

     560.304 Exemption from licensure Exceptions to

2234

registration.--The requirement for licensure under provisions of

2235

this part does do not apply to a person, at a location, cashing

2236

payment instruments that have an aggregate face value of less

2237

than $2,000 per person per day. The burden of establishing the

2238

right to the exemption is on the party claiming the exemption.:

2239

     (1) Authorized vendors of any person registered pursuant to

2240

the provisions of the code, acting within the scope of authority

2241

conferred by the registrant.

2242

     (2) Persons engaged in the cashing of payment instruments

2243

or the exchanging of foreign currency which is incidental to the

2244

retail sale of goods or services whose compensation for cashing

2245

payment instruments or exchanging foreign currency at each site

2246

does not exceed 5 percent of the total gross income from the

2247

retail sale of goods or services by such person during its most

2248

recently completed fiscal year.

2249

     Section 39.  Section 560.309, Florida Statutes, is amended

2250

to read:

2251

     560.309 Conduct of business Rules.--

2252

     (1) A licensee may transact business under this part only

2253

under the legal name under which the person is licensed. The use

2254

of a fictitious name is allowed if the fictitious name has been

2255

registered with the Department of State and disclosed to the

2256

office as part of an initial license application, or subsequent

2257

amendment to the application, prior to its use. Before a

2258

registrant shall deposit, with any financial institution, a

2259

payment instrument that is cashed by a registrant, each such item

2260

must be endorsed with the actual name under which such registrant

2261

is doing business.

2262

     (2) At the time a licensee accepts a payment instrument

2263

that is cashed by the licensee, the payment instrument must be

2264

endorsed using the legal name under which the licensee is

2265

licensed. Registrants must comply with all the laws of this state

2266

and any federal laws relating to money laundering, including, as

2267

applicable, the provisions of s. 560.123.

2268

     (3) A licensee under this part must deposit or sell payment

2269

instruments within 5 business days after the acceptance of the

2270

payment instrument.

2271

     (4) A licensee may not accept or cash multiple payment

2272

instruments from a person who is not the original payee, unless

2273

the person is licensed to cash payment instruments pursuant to

2274

this part and all payment instruments accepted are endorsed with

2275

the legal name of the person.

2276

     (5) A license must report all suspicious activity to the

2277

office in accordance with the criteria set forth in 31 C.F.R. s.

2278

103.20. In lieu of filing such reports, the commission may

2279

prescribe by rule that the licensee may file such reports with an

2280

appropriate regulator.

2281

     (6)(3) The commission may by rule require a every check

2282

casher to display its license registration and post a notice

2283

listing containing its charges for cashing payment instruments.

2284

     (7)(4) Exclusive of the direct costs of verification which

2285

shall be established by commission rule, a no check casher may

2286

not shall:

2287

     (a)  Charge fees, except as otherwise provided by this part,

2288

in excess of 5 percent of the face amount of the payment

2289

instrument, or 6 percent without the provision of identification,

2290

or $5, whichever is greater;

2291

     (b)  Charge fees in excess of 3 percent of the face amount

2292

of the payment instrument, or 4 percent without the provision of

2293

identification, or $5, whichever is greater, if such payment

2294

instrument is the payment of any kind of state public assistance

2295

or federal social security benefit payable to the bearer of the

2296

such payment instrument; or

2297

     (c)  Charge fees for personal checks or money orders in

2298

excess of 10 percent of the face amount of those payment

2299

instruments, or $5, whichever is greater.

2300

     (d) As used in this subsection, "identification" means, and

2301

is limited to, an unexpired and otherwise valid driver license, a

2302

state identification card issued by any state of the United

2303

States or its territories or the District of Columbia, and

2304

showing a photograph and signature, a United States Government

2305

Resident Alien Identification Card, a United States passport, or

2306

a United States Military identification card.

2307

     (8) A licensee cashing payment instruments may not assess

2308

the cost of collections, other than fees for insufficient funds

2309

as provided by law, without a judgment from a court of competent

2310

jurisdiction.

2311

     (9) If a check is returned to a licensee from a payor

2312

financial institution due to lack of funds, a closed account, or

2313

a stop-payment order, the licensee may seek collection pursuant

2314

to s. 68.065. In seeking collection, the licensee must comply

2315

with the prohibitions against harassment or abuse, false or

2316

misleading representations, and unfair practices in the Fair Debt

2317

Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, and 1692f.

2318

A violation of this subsection is a deceptive and unfair trade

2319

practice and constitutes a violation of the Deceptive and Unfair

2320

Trade Practices Act under part II of chapter 501. In addition, a

2321

licensee must comply with the applicable provisions of the

2322

Consumer Collection Practices Act under part VI of chapter 559,

2323

including s. 559.77.

2324

     Section 40.  Section 560.310, Florida Statutes, is amended

2325

to read:

2326

     560.310  Records of check cashers and foreign currency

2327

exchangers.--

2328

     (1) In addition to the record retention requirements

2329

specified in s. 560.110, a person engaged in check cashing must

2330

maintain the following:

2331

     (a) Customer files, as prescribed by rule, on all customers

2332

who cash corporate or third-party payment instruments exceeding

2333

$1,000.

2334

     (b) For any payment instrument accepted having a face value

2335

of $1,000 or more:

2336

     1. A copy of the personal identification that bears a

2337

photograph of the customer used as identification and presented

2338

by the customer. Acceptable personal identification is limited to

2339

a valid driver's license; a state identification card issued by

2340

any state of the United States or its territories or the District

2341

of Columbia, and showing a photograph and signature; a United

2342

States Government Resident Alien Identification Card; a United

2343

States passport; or a United States Military identification card.

2344

     2. A photograph and thumbprint of the customer taken by the

2345

licensee.

2346

     (c) In addition to the requirements of paragraph (b), for

2347

any payment instrument accepted having a face value greater than

2348

$10,000, the licensee must take a photograph of the customer,

2349

unless the licensee has such a photograph of the customer on file

2350

along with other documents establishing the identity of the

2351

customer.

2352

     (d) A payment instrument log that must be maintained

2353

electronically as prescribed by rule. For purposes of this

2354

paragraph, multiple payment instruments accepted from any one

2355

person on any given day which total $1,000 or more must be

2356

aggregated and reported on the log. Each registrant must maintain

2357

all books, accounts, records, and documents necessary to

2358

determine the registrant's compliance with the provisions of the

2359

code. Such books, accounts, records, and documents shall be

2360

retained for a period of at least 3 years.

2361

     (2) A licensee under this part may engage the services of a

2362

third party that is not a depository institution for the

2363

maintenance and storage of records required by this section if

2364

all the requirements of this section are met. The records

2365

required to be maintained by the code may be maintained by the

2366

registrant at any location if the registrant notifies the office,

2367

in writing, of the location of the records in its application or

2368

otherwise by amendment as prescribed by commission rule. The

2369

registrant shall make such records available to the office for

2370

examination and investigation in this state, as permitted by the

2371

code, within 7 days after receipt of a written request.

2372

     (3) Registrants and authorized vendors need not preserve or

2373

retain any of the records required by this section or copies

2374

thereof for a period longer than 3 years unless a longer period

2375

is expressly required by the laws of this state or any federal

2376

law. A registrant or authorized vendor may destroy any of its

2377

records or copies thereof after the expiration of the retention

2378

period required by this section.

2379

     (4) The original of any record of a registrant or

2380

authorized vendor includes the data or other information

2381

comprising a record stored or transmitted in or by means of any

2382

electronic, computerized, mechanized, or other information

2383

storage or retrieval or transmission system or device which can

2384

upon request generate, regenerate, or transmit the precise data

2385

or other information comprising the record; and an original also

2386

includes the visible data or other information so generated,

2387

regenerated, or transmitted if it is legible or can be made

2388

legible by enlargement or other process.

2389

     (5) Any person who willfully violates this section or fails

2390

to comply with any lawful written demand or order of the office

2391

made pursuant to this section commits a felony of the third

2392

degree, punishable as provided in s. 775.082, s. 775.083, or s.

2393

775.084.

2394

     Section 41.  Section 560.402, Florida Statutes, is amended

2395

to read:

2396

     560.402 Definitions.--In addition to the definitions

2397

provided in ss. 560.103, 560.202, and 560.302 and unless

2398

otherwise clearly indicated by the context, For the purposes of

2399

this part, the term:

2400

     (1) "Affiliate" means a person who, directly or indirectly,

2401

through one or more intermediaries controls, or is controlled by,

2402

or is under common control with, a deferred presentment provider.

2403

     (2) "Business day" means the hours during a particular day

2404

during which a deferred presentment provider customarily conducts

2405

business, not to exceed 15 consecutive hours during that day.

2406

     (3) "Days" means calendar days.

2407

     (2)(4) "Deferment period" means the number of days a

2408

deferred presentment provider agrees to defer depositing, or

2409

presenting, or redeeming a payment instrument.

2410

     (5) "Deferred presentment provider" means a person who

2411

engages in a deferred presentment transaction and is registered

2412

under part II or part III of the code and has filed a declaration

2413

of intent with the office.

2414

     (3)(6) "Deferred presentment transaction" means providing

2415

currency or a payment instrument in exchange for a drawer's

2416

person's check and agreeing to hold the that person's check for a

2417

deferment period of time prior to presentment, deposit, or

2418

redemption.

2419

     (4)(7) "Drawer" means a customer any person who writes a

2420

personal check and upon whose account the check is drawn.

2421

     (5) "Extension of a deferred presentment agreement" means

2422

continuing a deferred presentment transaction past the deferment

2423

period by having the drawer pay additional fees and the deferred

2424

presentment provider continuing to hold the check for another

2425

deferment period.

2426

     (6)(8) "Rollover" means the termination or extension of a

2427

an existing deferred presentment agreement by the payment of an

2428

any additional fee and the continued holding of the check, or the

2429

substitution of a new check drawn by the drawer pursuant to a new

2430

deferred presentment agreement.

2431

     (9) "Fee" means the fee authorized for the deferral of the

2432

presentation of a check pursuant to this part.

2433

     (7)(10) "Termination of a an existing deferred presentment

2434

agreement" means that the check that is the basis for the an

2435

agreement is redeemed by the drawer by payment in full in cash,

2436

or is deposited and the deferred presentment provider has

2437

evidence that such check has cleared. A Verification of

2438

sufficient funds in the drawer's account by the deferred

2439

presentment provider is shall not be sufficient evidence to deem

2440

that the existing deferred deposit transaction is to be

2441

terminated.

2442

     (11) "Extension of an existing deferred presentment

2443

agreement" means that a deferred presentment transaction is

2444

continued by the drawer paying any additional fees and the

2445

deferred presentment provider continues to hold the check for

2446

another period of time prior to deposit, presentment, or

2447

redemption.

2448

     Section 42.  Section 560.403, Florida Statutes, is amended

2449

to read:

2450

     560.403 Requirements of registration; Declaration of

2451

intent.--

2452

     (1) Except for financial institutions as defined in s.

2453

655.005 No person, Unless otherwise exempt from this chapter, a

2454

person may not shall engage in a deferred presentment transaction

2455

unless the person is licensed as a money services business

2456

registered under the provisions of part II or part III of this

2457

chapter and has on file with the office a declaration of intent

2458

to engage in deferred presentment transactions, regardless of

2459

whether such person is exempted from licensure under any other

2460

provision of this chapter. The declaration of intent must shall

2461

be under oath and on such form as prescribed the commission

2462

prescribes by rule. The declaration of intent must shall be filed

2463

together with a nonrefundable filing fee as provided in s.

2464

560.143 of $1,000. Any person who is registered under part II or

2465

part III on the effective date of this act and intends to engage

2466

in deferred presentment transactions shall have 60 days after the

2467

effective date of this act to file a declaration of intent. A

2468

declaration of intent expires after 24 months and must be

2469

renewed.

2470

     (2) A registrant under this part shall renew his or her

2471

intent to engage in the business of deferred presentment

2472

transactions or to act as a deferred presentment provider upon

2473

renewing his or her registration under part II or part III and

2474

shall do so by indicating his or her intent by submitting a

2475

nonrefundable deferred presentment provider renewal fee of

2476

$1,000, in addition to any fees required for renewal of

2477

registration under part II or part III.

2478

     (3) A registrant under this part who fails to timely renew

2479

his or her intent to engage in the business of deferred

2480

presentment transactions or to act as a deferred presentment

2481

provider shall immediately cease to engage in the business of

2482

deferred presentment transactions or to act as a deferred

2483

presentment provider.

2484

     (4) The notice of intent of a registrant under this part

2485

who fails to timely renew his or her intent to engage in the

2486

business of deferred presentment transactions or to act as a

2487

deferred presentment provider on or before the expiration date of

2488

the registration period automatically expires. A renewal fee and

2489

a nonrefundable late fee of $500 must be filed within 60 calendar

2490

days after the expiration of an existing registration in order

2491

for the declaration of intent to be reinstated. The office shall

2492

grant a reinstatement of registration if an application is filed

2493

during the 60-day period, and the reinstatement is effective upon

2494

receipt of the required fees and any information that the

2495

commission requires by rule. If the registrant has not filed a

2496

reinstatement of a renewal declaration of intent within 60

2497

calendar days after the expiration date of an existing

2498

registration, the notice of intent expires and a new declaration

2499

of intent must be filed with the office.

2500

     (5) No person, other than a financial institution as

2501

defined in s. 655.005, shall be exempt from registration and

2502

declaration if such person engages in deferred presentment

2503

transactions, regardless of whether such person is currently

2504

exempt from registration under any provision of this code.

2505

     Section 43.  Section 560.404, Florida Statutes, is amended

2506

to read:

2507

     560.404  Requirements for deferred presentment

2508

transactions.--

2509

     (1) Each Every deferred presentment transaction must shall

2510

be documented in a written agreement signed by both the deferred

2511

presentment provider and the drawer.

2512

     (2) The deferred presentment transaction agreement must

2513

shall be executed on the day the deferred presentment provider

2514

furnishes currency or a payment instrument to the drawer.

2515

     (3) Each written agreement must shall contain the following

2516

information, in addition to any information required the

2517

commission requires by rule, contain the following information:

2518

     (a)  The name or trade name, address, and telephone number

2519

of the deferred presentment provider and the name and title of

2520

the person who signs the agreement on behalf of the deferred

2521

presentment provider.

2522

     (b) The date the deferred presentment transaction is was

2523

made.

2524

     (c)  The amount of the drawer's check.

2525

     (d) The length of the deferment deferral period.

2526

     (e)  The last day of the deferment period.

2527

     (f) The address and telephone number of the office and the

2528

Division of Consumer Services of the Department of Financial

2529

Services.

2530

     (g)  A clear description of the drawer's payment obligations

2531

under the deferred presentment transaction.

2532

     (h)  The transaction number assigned by the office's

2533

database.

2534

     (4) The Every deferred presentment provider must shall

2535

furnish to the drawer a copy of the deferred presentment

2536

transaction agreement to the drawer.

2537

     (5)  The face amount of a check taken for deferred

2538

presentment may not exceed $500 exclusive of the fees allowed

2539

under by this part.

2540

     (6) A No deferred presentment provider or its affiliate may

2541

not shall charge fees that exceed in excess of 10 percent of the

2542

currency or payment instrument provided. However, a verification

2543

fee may be charged as provided in s. 560.309(7) in accordance

2544

with s. 560.309(4) and the rules adopted pursuant to the code.

2545

The 10-percent fee may not be applied to the verification fee. A

2546

deferred presentment provider may charge only those fees

2547

specifically authorized in this section.

2548

     (7)  The fees authorized by this section may not be

2549

collected before the drawer's check is presented or redeemed.

2550

     (8) A No deferred presentment agreement may not shall be

2551

for a term longer than in excess of 31 days or less than 7 days.

2552

     (9) A No deferred presentment provider may not shall

2553

require a drawer person to provide any additional security for

2554

the deferred presentment transaction or any extension or require

2555

the drawer a person to provide any additional guaranty from

2556

another person.

2557

     (10) A deferred presentment provider may shall not include

2558

any of the following provisions in a deferred provider any

2559

written agreement:

2560

     (a) A hold harmless clause.;

2561

     (b) A confession of judgment clause.;

2562

     (c)  Any assignment of or order for payment of wages or

2563

other compensation for services.;

2564

     (d)  A provision in which the drawer agrees not to assert

2565

any claim or defense arising out of the agreement.; or

2566

     (e)  A waiver of any provision of this part.

2567

     (11) A Each deferred presentment provider shall immediately

2568

provide the drawer with the full amount of any check to be held,

2569

less only the fees allowed permitted under this section.

2570

     (12) The deferred presentment agreement and the drawer's

2571

check must shall bear the same date, and the number of days of

2572

the deferment period shall be calculated from that this date. The

2573

No deferred presentment provider and the drawer or person may not

2574

alter or delete the date on any written agreement or check held

2575

by the deferred presentment provider.

2576

     (13)  For each deferred presentment transaction, the

2577

deferred presentment provider must comply with the disclosure

2578

requirements of 12 C.F.R., part 226, relating to the federal

2579

Truth-in-Lending Act, and Regulation Z of the Board of Governors

2580

of the Federal Reserve Board. A copy of the disclosure must be

2581

provided to the drawer at the time the deferred presentment

2582

transaction is initiated.

2583

     (14) A No deferred presentment provider or its affiliate

2584

may not accept or hold an undated check or a check dated on a

2585

date other than the date on which the deferred presentment

2586

provider agreed to hold the check and signed the deferred

2587

presentment transaction agreement.

2588

     (15) A Every deferred presentment provider must shall hold

2589

the drawer's check for the agreed number of days, unless the

2590

drawer chooses to redeem the check before the agreed presentment

2591

date.

2592

     (16)  Proceeds in a deferred presentment transaction may be

2593

made to the drawer in the form of the deferred presentment

2594

provider's payment instrument if the deferred presentment

2595

provider is registered under part II; however, an no additional

2596

fee may not be charged by a deferred presentment provider or its

2597

affiliate for issuing or cashing the deferred presentment

2598

provider's payment instrument.

2599

     (17) A No deferred presentment provider may not require the

2600

drawer to accept its payment instrument in lieu of currency.

2601

     (18) A No deferred presentment provider or its affiliate

2602

may not engage in the rollover of a any deferred presentment

2603

agreement. A deferred presentment provider may shall not redeem,

2604

extend, or otherwise consolidate a deferred presentment agreement

2605

with the proceeds of another deferred presentment transaction

2606

made by the same or an affiliate affiliated deferred presentment

2607

provider.

2608

     (19)  A deferred presentment provider may not enter into a

2609

deferred presentment transaction with a drawer person who has an

2610

outstanding deferred presentment transaction with that provider

2611

or with any other deferred presentment provider, or with a person

2612

whose previous deferred presentment transaction with that

2613

provider or with any other provider has been terminated for less

2614

than 24 hours. The deferred presentment provider must verify such

2615

information as follows:

2616

     (a)  The deferred presentment provider shall maintain a

2617

common database and shall verify whether the that deferred

2618

presentment provider or an affiliate has an outstanding deferred

2619

presentment transaction with a particular person or has

2620

terminated a transaction with that person within the previous 24

2621

hours.

2622

     (b)  The deferred presentment provider shall access the

2623

office's database established pursuant to subsection (23) and

2624

shall verify whether any other deferred presentment provider has

2625

an outstanding deferred presentment transaction with a particular

2626

person or has terminated a transaction with that person within

2627

the previous 24 hours. If a provider has not established Prior to

2628

the time that the office has implemented such a database, the

2629

deferred presentment provider may rely upon the written

2630

verification of the drawer as provided in subsection (20).

2631

     (20)  A deferred presentment provider shall provide the

2632

following notice in a prominent place on each deferred

2633

presentment agreement in at least 14-point type in substantially

2634

the following form and must obtain the signature of the drawer

2635

where indicated:

2636

2637

2638

2639

NOTICE

2640

2641

1.  STATE LAW PROHIBITS YOU FROM HAVING MORE THAN ONE DEFERRED

2642

PRESENTMENT AGREEMENT AT ANY ONE TIME. STATE LAW ALSO PROHIBITS

2643

YOU FROM ENTERING INTO A DEFERRED PRESENTMENT AGREEMENT WITHIN 24

2644

HOURS AFTER OF TERMINATING ANY PREVIOUS DEFERRED PRESENTMENT

2645

AGREEMENT. FAILURE TO OBEY THIS LAW COULD CREATE SEVERE FINANCIAL

2646

HARDSHIP FOR YOU AND YOUR FAMILY.

2647

2648

2649

YOU MUST SIGN THE FOLLOWING STATEMENT:

2650

2651

I DO NOT HAVE AN OUTSTANDING DEFERRED PRESENTMENT AGREEMENT WITH

2652

ANY DEFERRED PRESENTMENT PROVIDER AT THIS TIME. I HAVE NOT

2653

TERMINATED A DEFERRED PRESENTMENT AGREEMENT WITHIN THE PAST 24

2654

HOURS.

2655

2656

(Signature of Drawer)

2657

2658

2659

2.  YOU CANNOT BE PROSECUTED IN CRIMINAL COURT FOR A CHECK

2660

WRITTEN UNDER THIS AGREEMENT, BUT ALL LEGALLY AVAILABLE CIVIL

2661

MEANS TO ENFORCE THE DEBT MAY BE PURSUED AGAINST YOU.

2662

2663

2664

3.  STATE LAW PROHIBITS A DEFERRED PRESENTMENT PROVIDER (THIS

2665

BUSINESS) FROM ALLOWING YOU TO "ROLL OVER" YOUR DEFERRED

2666

PRESENTMENT TRANSACTION. THIS MEANS THAT YOU CANNOT BE ASKED OR

2667

REQUIRED TO PAY AN ADDITIONAL FEE IN ORDER TO FURTHER DELAY THE

2668

DEPOSIT OR PRESENTMENT OF YOUR CHECK FOR PAYMENT. IF YOU INFORM

2669

THE PROVIDER IN PERSON THAT YOU CANNOT COVER THE CHECK OR PAY IN

2670

FULL THE AMOUNT OWING AT THE END OF THE TERM OF THIS AGREEMENT,

2671

YOU WILL RECEIVE A GRACE PERIOD EXTENDING THE TERM OF THE

2672

AGREEMENT FOR AN ADDITIONAL 60 DAYS AFTER THE ORIGINAL

2673

TERMINATION DATE, WITHOUT ANY ADDITIONAL CHARGE. THE DEFERRED

2674

PRESENTMENT PROVIDER SHALL REQUIRE THAT YOU, AS A CONDITION OF

2675

OBTAINING THE GRACE PERIOD, COMPLETE CONSUMER CREDIT COUNSELING

2676

PROVIDED BY AN AGENCY INCLUDED ON THE LIST THAT WILL BE PROVIDED

2677

TO YOU BY THIS PROVIDER. YOU MAY ALSO AGREE TO COMPLY WITH AND

2678

ADHERE TO A REPAYMENT PLAN APPROVED BY THAT AGENCY. IF YOU DO NOT

2679

COMPLY WITH AND ADHERE TO A REPAYMENT PLAN APPROVED BY THAT

2680

AGENCY, WE MAY DEPOSIT OR PRESENT YOUR CHECK FOR PAYMENT AND

2681

PURSUE ALL LEGALLY AVAILABLE CIVIL MEANS TO ENFORCE THE DEBT AT

2682

THE END OF THE 60-DAY GRACE PERIOD.

2683

     (21)  The deferred presentment provider may not deposit or

2684

present the drawer's check if the drawer informs the provider in

2685

person that the drawer cannot redeem or pay in full in cash the

2686

amount due and owing the deferred presentment provider. No

2687

additional fees or penalties may be imposed on the drawer by

2688

virtue of any misrepresentation made by the drawer as to the

2689

sufficiency of funds in the drawer's account. In no event shall

2690

any Additional fees may not be added to the amounts due and owing

2691

to the deferred presentment provider.

2692

     (22)(a) If, by the end of the deferment period, the drawer

2693

informs the deferred presentment provider in person that the

2694

drawer cannot redeem or pay in full in cash the amount due and

2695

owing the deferred presentment provider, the deferred presentment

2696

provider shall provide a grace period extending the term of the

2697

agreement for an additional 60 days after the original

2698

termination date, without any additional charge.

2699

     (a) The provider shall require that as a condition of

2700

providing a this grace period, that within the first 7 days of

2701

the grace period the drawer make an appointment with a consumer

2702

credit counseling agency within 7 days after the end of the

2703

deferment period and complete the counseling by the end of the

2704

grace period. The drawer may agree to, comply with, and adhere to

2705

a repayment plan approved by the counseling agency. If the drawer

2706

agrees to comply with and adhere to a repayment plan approved by

2707

the counseling agency, the provider must is also required to

2708

comply with and adhere to that repayment plan. The deferred

2709

presentment provider may not deposit or present the drawer's

2710

check for payment before the end of the 60-day grace period

2711

unless the drawer fails to comply with such conditions or the

2712

drawer fails to notify the provider of such compliance. Before

2713

each deferred presentment transaction, the provider may verbally

2714

advise the drawer of the availability of the grace period

2715

consistent with the provisions of the written notice in

2716

subsection (20), and may shall not discourage the drawer from

2717

using the grace period.

2718

     (b)  At the commencement of the grace period, the deferred

2719

presentment provider shall provide the drawer:

2720

     1.  Verbal notice of the availability of the grace period

2721

consistent with the written notice in subsection (20).

2722

     2.  A list of approved consumer credit counseling agencies

2723

prepared by the office. The office list shall include nonprofit

2724

consumer credit counseling agencies affiliated with the National

2725

Foundation for Credit Counseling which provide credit counseling

2726

services to state Florida residents in person, by telephone, or

2727

through the Internet. The office list must include phone numbers

2728

for the agencies, the counties served by the agencies, and

2729

indicate the agencies that provide telephone counseling and those

2730

that provide Internet counseling. The office shall update the

2731

list at least once each year.

2732

     3.  The following notice in at least 14-point type in

2733

substantially the following form:

2734

2735

2736

AS A CONDITION OF OBTAINING A GRACE PERIOD EXTENDING THE TERM OF

2737

YOUR DEFERRED PRESENTMENT AGREEMENT FOR AN ADDITIONAL 60 DAYS,

2738

UNTIL [DATE], WITHOUT ANY ADDITIONAL FEES, YOU MUST COMPLETE

2739

CONSUMER CREDIT COUNSELING PROVIDED BY AN AGENCY INCLUDED ON THE

2740

LIST THAT WILL BE PROVIDED TO YOU BY THIS PROVIDER. YOU MAY ALSO

2741

AGREE TO COMPLY WITH AND ADHERE TO A REPAYMENT PLAN APPROVED BY

2742

THE AGENCY. THE COUNSELING MAY BE IN PERSON, BY TELEPHONE, OR

2743

THROUGH THE INTERNET. YOU MUST NOTIFY US WITHIN 7 SEVEN (7) DAYS,

2744

BY [DATE], THAT YOU HAVE MADE AN APPOINTMENT WITH SUCH A CONSUMER

2745

CREDIT COUNSELING AGENCY. YOU MUST ALSO NOTIFY US WITHIN 60 SIXTY

2746

(60) DAYS, BY [DATE], THAT YOU HAVE COMPLETED THE CONSUMER CREDIT

2747

COUNSELING. WE MAY VERIFY THIS INFORMATION WITH THE AGENCY. IF

2748

YOU FAIL TO PROVIDE EITHER THE 7-DAY OR 60-DAY NOTICE, OR IF YOU

2749

HAVE NOT MADE THE APPOINTMENT OR COMPLETED THE COUNSELING WITHIN

2750

THE TIME REQUIRED, WE MAY DEPOSIT OR PRESENT YOUR CHECK FOR

2751

PAYMENT AND PURSUE ALL LEGALLY AVAILABLE CIVIL MEANS TO ENFORCE

2752

THE DEBT.

2753

     (c)  If a drawer completes an approved payment plan, the

2754

deferred presentment provider shall pay one-half of the drawer's

2755

fee for the deferred presentment agreement to the consumer credit

2756

counseling agency.

2757

     (23)  The office shall implement a common database with

2758

real-time access through an Internet connection for deferred

2759

presentment providers, as provided in this subsection. The

2760

database must be accessible to the office and the deferred

2761

presentment providers in order to verify whether any deferred

2762

presentment transactions are outstanding for a particular person.

2763

Deferred presentment providers shall submit such data before

2764

entering into each deferred presentment transaction in such

2765

format as required the commission shall require by rule,

2766

including the drawer's name, social security number or employment

2767

authorization alien number, address, driver's license number,

2768

amount of the transaction, date of transaction, the date that the

2769

transaction is closed, and such additional information as is

2770

required by rule the commission. The commission may by rule

2771

impose a fee of up to not to exceed $1 per transaction for data

2772

that must required to be submitted by a deferred presentment

2773

provider. A deferred presentment provider may rely on the

2774

information contained in the database as accurate and is not

2775

subject to any administrative penalty or civil liability due to

2776

as a result of relying on inaccurate information contained in the

2777

database. A deferred presentment provider must notify the office

2778

within 15 business days after ceasing operations and in a manner

2779

as prescribed by rule. Such notification must include a

2780

reconciliation of all open transactions. If the provider fails to

2781

provide notice, the office shall take action to administratively

2782

release all open and pending transactions in the database after

2783

the office becomes aware of the closure. This section does not

2784

affect the rights of the provider to enforce the contractual

2785

provisions of the deferred presentment agreements through any

2786

civil action allowed by law. The commission may adopt rules to

2787

administer and enforce the provisions of this subsection section

2788

and to ensure assure that the database is used by deferred

2789

presentment providers in accordance with this section.

2790

     (24) A deferred presentment provider may not accept more

2791

than one check or authorization to initiate more than one

2792

automated clearinghouse transaction to collect on a deferred

2793

presentment transaction for a single deferred presentment

2794

transaction.

2795

     Section 44.  Section 560.405, Florida Statutes, is amended

2796

to read:

2797

     560.405  Deposit; redemption.--

2798

     (1) The deferred presentment provider or its affiliate may

2799

shall not present the drawer's check before the end of the

2800

deferment period prior to the agreed-upon date of presentment, as

2801

reflected in the deferred presentment transaction agreement.

2802

     (2)  Before a deferred presentment provider presents the

2803

drawer's check, the check must shall be endorsed with the actual

2804

name under which the deferred presentment provider is doing

2805

business.

2806

     (3) Notwithstanding the provisions of subsection (1), in

2807

lieu of presentment, a deferred presentment provider may allow

2808

the check to be redeemed at any time upon payment to the deferred

2809

presentment provider in the amount of the face amount of the

2810

drawer's check. However, payment may not be made in the form of a

2811

personal check. Upon redemption, the deferred presentment

2812

provider shall return the drawer's check that was being held and

2813

provide a signed, dated receipt showing that the drawer's check

2814

has been redeemed.

2815

     (4) A No drawer may not can be required to redeem his or

2816

her check before prior to the agreed-upon date; however, the

2817

drawer may choose to redeem the check before the agreed-upon

2818

presentment date.

2819

     Section 45.  Section 560.406, Florida Statutes, is amended

2820

to read:

2821

     560.406  Worthless checks.--

2822

     (1) If a check is returned to a deferred presentment

2823

provider from a payor financial institution due to lack of funds,

2824

a closed account, or a stop-payment order, the deferred

2825

presentment provider may seek collection pursuant to s. 68.065,

2826

except a deferred presentment provider may shall not be entitled

2827

to collect treble damages pursuant s. 68.065. The notice sent by

2828

the a deferred deposit provider may pursuant to s. 68.065 shall

2829

not include any references to treble damages and must clearly

2830

state that the deferred presentment provider is not entitled to

2831

recover such damages. Except as otherwise provided in this part,

2832

an individual who issues a personal check to a deferred

2833

presentment provider under a deferred presentment agreement is

2834

not subject to criminal penalty.

2835

     (2) If a check is returned to a deferred presentment

2836

provider from a payor financial institution due to insufficient

2837

funds, a closed account, or a stop-payment order, the deferred

2838

presentment provider may pursue all legally available civil

2839

remedies to collect the check, including, but not limited to, the

2840

imposition of all charges imposed on the deferred presentment

2841

provider by the any financial institution. In its collection

2842

practices, a deferred presentment provider must shall comply with

2843

the prohibitions against harassment or abuse, false or misleading

2844

representations, and unfair practices that which are contained in

2845

ss. 806, 807, and 808 of the Fair Debt Collections Practices Act,

2846

15 U.S.C. ss. 1692d, 1692e, 1692f. A violation of this act is a

2847

deceptive and unfair trade practice and constitutes a violation

2848

of the Deceptive and Unfair Trade Practices Act under, part II of

2849

chapter 501. In addition, a deferred presentment provider must

2850

shall comply with the applicable provisions of part VI of chapter

2851

559, the Consumer Collection Practices Act under part VI of

2852

chapter 559, including, but not limited to, the provisions of s.

2853

559.77.

2854

     (3) A deferred presentment provider may not assess the cost

2855

of collection, other than charges for insufficient funds as

2856

allowed by law, without a judgment from a court of competent

2857

jurisdiction.

2858

     Section 46.  Subsection (7) of section 499.005, Florida

2859

Statutes, is amended to read:

2860

     499.005  Prohibited acts.--It is unlawful for a person to

2861

perform or cause the performance of any of the following acts in

2862

this state:

2863

     (7)  The purchase or sale of prescription drugs for

2864

wholesale distribution in exchange for currency, as defined in s.

2865

560.103 s. 560.103(6).

2866

     Section 47.  Paragraph (i) of subsection (2) of section

2867

499.0691, Florida Statutes, is amended to read:

2868

     499.0691  Criminal punishment for violations related to

2869

drugs; dissemination of false advertisement.--

2870

     (2)  Any person who violates any of the following provisions

2871

commits a felony of the third degree, punishable as provided in

2872

s. 775.082, s. 775.083, or s. 775.084, or as otherwise provided

2873

in ss. 499.001-499.081.

2874

     (i)  The purchase or sale of prescription drugs for

2875

wholesale distribution in exchange for currency, as defined in s.

2876

560.103 s. 560.103(6).

2877

     Section 48.  Paragraph (b) of subsection (2) of section

2878

501.95, Florida Statutes, is amended to read:

2879

     501.95  Gift certificates and credit memos.--

2880

     (2)

2881

     (b)  Paragraph (a) does not apply to a gift certificate or

2882

credit memo sold or issued by a financial institution, as defined

2883

in s. 655.005, or by a money services business transmitter, as

2884

defined in s. 560.103, if the gift certificate or credit memo is

2885

redeemable by multiple unaffiliated merchants.

2886

     Section 49.  Paragraph (n) of subsection (2) of section

2887

538.03, Florida Statutes, is amended to read:

2888

     538.03  Definitions; applicability.--

2889

     (2)  This chapter does not apply to:

2890

     (n)  A business that contracts with other persons or

2891

entities to offer its secondhand goods for sale, purchase,

2892

consignment, or trade via an Internet website, and that maintains

2893

a shop, store, or other business premises for this purpose, if

2894

all of the following apply:

2895

     1.  The secondhand goods must be available on the website

2896

for viewing by the public at no charge;

2897

     2.  The records of the sale, purchase, consignment, or trade

2898

must be maintained for at least 2 years;

2899

     3.  The records of the sale, purchase, consignment, or

2900

trade, and the description of the secondhand goods as listed on

2901

the website, must contain the serial number of each item, if any;

2902

     4.  The secondhand goods listed on the website must be

2903

searchable based upon the state or zip code;

2904

     5.  The business must provide the appropriate law

2905

enforcement agency with the name or names under which it conducts

2906

business on the website;

2907

     6.  The business must allow the appropriate law enforcement

2908

agency to inspect its business premises at any time during normal

2909

business hours;

2910

     7.  Any payment by the business resulting from such a sale,

2911

purchase, consignment, or trade must be made to the person or

2912

entity with whom the business contracted to offer the goods and

2913

must be made by check or via a money services business

2914

transmitter licensed under part II of chapter 560; and

2915

     8.a.  At least 48 hours after the estimated time of

2916

contracting to offer the secondhand goods, the business must

2917

verify that any item having a serial number is not stolen

2918

property by entering the serial number of the item into the

2919

Department of Law Enforcement's stolen article database located

2920

at the Florida Crime Information Center's public access system

2921

website. The business shall record the date and time of such

2922

verification on the contract covering the goods. If such

2923

verification reveals that an item is stolen property, the

2924

business shall immediately remove the item from any website on

2925

which it is being offered and notify the appropriate law

2926

enforcement agency; or

2927

     b.  The business must provide the appropriate law

2928

enforcement agency with an electronic copy of the name, address,

2929

phone number, driver's license number, and issuing state of the

2930

person with whom the business contracted to offer the goods, as

2931

well as an accurate description of the goods, including make,

2932

model, serial number, and any other unique identifying marks,

2933

numbers, names, or letters that may be on an item, in a format

2934

agreed upon by the business and the appropriate law enforcement

2935

agency. This information must be provided to the appropriate law

2936

enforcement agency within 24 hours after entering into the

2937

contract unless other arrangements are made between the business

2938

and the law enforcement agency.

2939

     Section 50.  Subsection (10) of section 896.101, Florida

2940

Statutes, is amended to read:

2941

     896.101  Florida Money Laundering Act; definitions;

2942

penalties; injunctions; seizure warrants; immunity.--

2943

     (10) Any financial institution, licensed money services

2944

business transmitter, or other person served with and complying

2945

with the terms of a warrant, temporary injunction, or other court

2946

order, including any subpoena issued under the authority granted

2947

by s. 16.56 or s. 27.04, obtained in furtherance of an

2948

investigation of any crime in this section, including any crime

2949

listed as specified unlawful activity under this section or any

2950

felony violation of chapter 560, has immunity from criminal

2951

liability and is shall not be liable to any person for any lawful

2952

action taken in complying with the warrant, temporary injunction,

2953

or other court order, including any subpoena issued under the

2954

authority granted by s. 16.56 or s. 27.04. If any subpoena issued

2955

under the authority granted by s. 16.56 or s. 27.04 contains a

2956

nondisclosure provision, any financial institution, licensed

2957

money services business transmitter, employee or officer of a

2958

financial institution or licensed money services business

2959

transmitter, or any other person may not notify, directly or

2960

indirectly, any customer of that financial institution or

2961

licensed money services business transmitter whose records are

2962

being sought by the subpoena, or any other person named in the

2963

subpoena, about the existence or the contents of that subpoena or

2964

about information that has been furnished to the state attorney

2965

or statewide prosecutor who issued the subpoena or other law

2966

enforcement officer named in the subpoena in response to the

2967

subpoena.

2968

     Section 51.  Subsection (5) of section 896.104, Florida

2969

Statutes, is amended to read:

2970

     896.104  Structuring transactions to evade reporting or

2971

registration requirements prohibited.--

2972

     (5)  INFERENCE.--Proof that a person engaged for monetary

2973

consideration in the business of a money funds transmitter, as

2974

defined in s. 560.103, s. 560.103(10) and who is transporting

2975

more than $10,000 in currency, or the foreign equivalent, without

2976

being licensed registered as a money transmitter or designated as

2977

an authorized agent vendor under the provisions of chapter 560,

2978

gives rise to an inference that the transportation was done with

2979

knowledge of the licensure registration requirements of chapter

2980

560 and the reporting requirements of this chapter.

2981

     Section 52.  Paragraph (g) of subsection (3) of section

2982

921.0022, Florida Statutes, is amended to read:

2983

     921.0022  Criminal Punishment Code; offense severity ranking

2984

chart.--

2985

     (3)  OFFENSE SEVERITY RANKING CHART

2986

     (g)  LEVEL 7

FloridaStatuteFelonyDegreeDescription

2987

316.027(1)(b)1stAccident involving death, failure to stop; leaving scene.

2988

316.193(3)(c)2.3rdDUI resulting in serious bodily injury.

2989

316.1935(3)(b)1stCausing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.

2990

327.35(3)(c)2.3rdVessel BUI resulting in serious bodily injury.

2991

402.319(2)2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.

2992

409.920(2)3rdMedicaid provider fraud.

2993

456.065(2)3rdPracticing a health care profession without a license.

2994

456.065(2)2ndPracticing a health care profession without a license which results in serious bodily injury.

2995

458.327(1)3rdPracticing medicine without a license.

2996

459.013(1)3rdPracticing osteopathic medicine without a license.

2997

460.411(1)3rdPracticing chiropractic medicine without a license.

2998

461.012(1)3rdPracticing podiatric medicine without a license.

2999

462.173rdPracticing naturopathy without a license.

3000

463.015(1)3rdPracticing optometry without a license.

3001

464.016(1)3rdPracticing nursing without a license.

3002

465.015(2)3rdPracticing pharmacy without a license.

3003

466.026(1)3rdPracticing dentistry or dental hygiene without a license.

3004

467.2013rdPracticing midwifery without a license.

3005

468.3663rdDelivering respiratory care services without a license.

3006

483.828(1)3rdPracticing as clinical laboratory personnel without a license.

3007

483.901(9)3rdPracticing medical physics without a license.

3008

484.013(1)(c)3rdPreparing or dispensing optical devices without a prescription.

3009

484.0533rdDispensing hearing aids without a license.

3010

494.0018(2)1stConviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.

3011

560.123(8)(b)1.3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business transmitter.

3012

560.125(5)(a)3rdMoney services transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.

3013

655.50(10)(b)1.3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.

3014

775.21(10)(a)3rdSexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.

3015

775.21(10)(b)3rdSexual predator working where children regularly congregate.

3016

775.21(10)(g)3rdFailure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.

3017

782.051(3)2ndAttempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.

3018

782.07(1)2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).

3019

782.0712ndKilling of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).

3020

782.0722ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).

3021

784.045(1)(a)1.2ndAggravated battery; intentionally causing great bodily harm or disfigurement.

3022

784.045(1)(a)2.2ndAggravated battery; using deadly weapon.

3023

784.045(1)(b)2ndAggravated battery; perpetrator aware victim pregnant.

3024

784.048(4)3rdAggravated stalking; violation of injunction or court order.

3025

784.048(7)3rdAggravated stalking; violation of court order.

3026

784.07(2)(d)1stAggravated battery on law enforcement officer.

3027

784.074(1)(a)1stAggravated battery on sexually violent predators facility staff.

3028

784.08(2)(a)1stAggravated battery on a person 65 years of age or older.

3029

784.081(1)1stAggravated battery on specified official or employee.

3030

784.082(1)1stAggravated battery by detained person on visitor or other detainee.

3031

784.083(1)1stAggravated battery on code inspector.

3032

790.07(4)1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).

3033

790.16(1)1stDischarge of a machine gun under specified circumstances.

3034

790.165(2)2ndManufacture, sell, possess, or deliver hoax bomb.

3035

790.165(3)2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.

3036

790.166(3)2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.

3037

790.166(4)2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.

3038

794.08(4)3rdFemale genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.

3039

796.032ndProcuring any person under 16 years for prostitution.

3040

800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.

3041

800.04(5)(c)2.2ndLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.

3042

806.01(2)2ndMaliciously damage structure by fire or explosive.

3043

810.02(3)(a)2ndBurglary of occupied dwelling; unarmed; no assault or battery.

3044

810.02(3)(b)2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.

3045

810.02(3)(d)2ndBurglary of occupied conveyance; unarmed; no assault or battery.

3046

810.02(3)(e)2ndBurglary of authorized emergency vehicle.

3047

812.014(2)(a)1.1stProperty stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.

3048

812.014(2)(b)2.2ndProperty stolen, cargo valued at less than $50,000, grand theft in 2nd degree.

3049

812.014(2)(b)3.2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.

3050

812.014(2)(b)4.2ndProperty stolen, law enforcement equipment from authorized emergency vehicle.

3051

812.0145(2)(a)1stTheft from person 65 years of age or older; $50,000 or more.

3052

812.019(2)1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.

3053

812.131(2)(a)2ndRobbery by sudden snatching.

3054

812.133(2)(b)1stCarjacking; no firearm, deadly weapon, or other weapon.

3055

817.234(8)(a)2ndSolicitation of motor vehicle accident victims with intent to defraud.

3056

817.234(9)2ndOrganizing, planning, or participating in an intentional motor vehicle collision.

3057

817.234(11)(c)1stInsurance fraud; property value $100,000 or more.

3058

817.2341(2)(b)&(3)(b)1stMaking false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.

3059

825.102(3)(b)2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.

3060

825.103(2)(b)2ndExploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.

3061

827.03(3)(b)2ndNeglect of a child causing great bodily harm, disability, or disfigurement.

3062

827.04(3)3rdImpregnation of a child under 16 years of age by person 21 years of age or older.

3063

837.05(2)3rdGiving false information about alleged capital felony to a law enforcement officer.

3064

838.0152ndBribery.

3065

838.0162ndUnlawful compensation or reward for official behavior.

3066

838.021(3)(a)2ndUnlawful harm to a public servant.

3067

838.222ndBid tampering.

3068

847.0135(3)3rdSolicitation of a child, via a computer service, to commit an unlawful sex act.

3069

847.0135(4)2ndTraveling to meet a minor to commit an unlawful sex act.

3070

872.062ndAbuse of a dead human body.

3071

893.13(1)(c)1.1stSell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.

3072

893.13(1)(e)1.1stSell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.

3073

893.13(4)(a)1stDeliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).

3074

893.135(1)(a)1.1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.

3075

893.135(1)(b)1.a.1stTrafficking in cocaine, more than 28 grams, less than 200 grams.

3076

893.135(1)(c)1.a.1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.

3077

893.135(1)(d)1.1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.

3078

893.135(1)(e)1.1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.

3079

893.135(1)(f)1.1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.

3080

893.135(1)(g)1.a.1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.

3081

893.135(1)(h)1.a.1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.

3082

893.135(1)(j)1.a.1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.

3083

893.135(1)(k)2.a.1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.

3084

896.101(5)(a)3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.

3085

896.104(4)(a)1.3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.

3086

943.0435(4)(c)2ndSexual offender vacating permanent residence; failure to comply with reporting requirements.

3087

943.0435(8)2ndSexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.

3088

943.0435(9)(a)3rdSexual offender; failure to comply with reporting requirements.

3089

943.0435(13)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

3090

943.0435(14)3rdSexual offender; failure to report and reregister; failure to respond to address verification.

3091

944.607(9)3rdSexual offender; failure to comply with reporting requirements.

3092

944.607(10)(a)3rdSexual offender; failure to submit to the taking of a digitized photograph.

3093

944.607(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

3094

944.607(13)3rdSexual offender; failure to report and reregister; failure to respond to address verification.

3095

985.4815(10)3rdSexual offender; failure to submit to the taking of a digitized photograph.

3096

985.4815(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

3097

985.4815(13)3rdSexual offender; failure to report and reregister; failure to respond to address verification.

3098

3099

     Section 53. Sections 560.101, 560.102, 560.106, 560.1073,

3100

560.108, 560.112. 560.117, 560.200, 560.202, 560.206, 560.207,

3101

560.301, 560.302, 560.305, 560.306, 560.307, 560.308, 560.401,

3102

560.402, and 560.407, Florida Statutes, are repealed.

3103

     Section 54.  Except as otherwise expressly provided in this

3104

act, this act shall take effect October 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.