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House Bill 0383

Florida House of Representatives - 1997 HB 383 By Representatives Clemons, Safley and Ziebarth 1 A bill to be entitled 2 An act relating to money transmitters; amending 3 s. 560.103, F.S.; revising certain definitions; 4 amending s. 560.111, F.S.; specifying a 5 prohibited activity; amending s. 560.114, F.S.; 6 specifying additional grounds for certain 7 disciplinary action; amending s. 560.118, F.S.; 8 authorizing the Department of Banking and 9 Finance to require certain audits or 10 examinations; providing for costs; amending s. 11 560.128, F.S.; authorizing the department to 12 require money transmitters to display a copy of 13 registrations at certain locations; amending s. 14 560.205, F.S.; specifying additional required 15 information in registration applications; 16 providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsections (9) and (11) of section 21 560.103, Florida Statutes, are amended to read: 22 560.103 Definitions.--As used in the code, unless the 23 context otherwise requires: 24 (9) "Funds transmitter" means a person who engages in 25 the receipt of currency or payment instruments money for the 26 purpose of transmission by any means, including transmissions 27 within this country or to or from locations outside this 28 country, by wire, facsimile, electronic transfer, courier, or 29 otherwise. 30 (11) "Money transmitter-affiliated party" means any 31 director, officer, responsible person, employee, authorized 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 383 114-258A-97 1 vendor, independent contractor of a money transmitter, any or 2 a person who has filed, is required to file, or is found to 3 control a money transmitter pursuant to s. 560.127, or any 4 person engaged in any jurisdiction, at any time, in the 5 business of money transmission as a controlling shareholder, 6 director, officer, or responsible person. 7 Section 2. Paragraph (f) is added to subsection (1) of 8 section 560.111, Florida Statutes, to read: 9 560.111 Prohibited acts and practices.-- 10 (1) It is unlawful for any money transmitter or money 11 transmitter-affiliated party to: 12 (f) Engage in any act in violation of 18 U.S.C. s. 13 1956, 31 U.S.C. s. 5324, or any state or federal criminal, 14 civil, or administrative law relating to the business of money 15 transmission, which may cause the denial or revocation of a 16 money transmitter license or registration in such 17 jurisdiction. 18 Section 3. Subsection (1) of section 560.114, Florida 19 Statutes, is amended, and paragraphs (d), (e), and (f) are 20 added to subsection (2) of said section, to read: 21 560.114 Disciplinary actions.-- 22 (1) The following actions by a money transmitter, or a 23 money transmitter-affiliated party, are violations of the code 24 and constitute grounds for the issuance of a cease and desist 25 order, the issuance of a removal order, the denial of a 26 registration application or the suspension or revocation of 27 any registration previously issued pursuant to the code, or 28 the taking of any other action within the authority of the 29 department pursuant to the code: 30 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 383 114-258A-97 1 (a) Knowing failure to comply with any provision of 2 the code, any rule or order adopted pursuant thereto, or any 3 written agreement entered into with the department. 4 (b) Fraud, misrepresentation, deceit, or gross 5 negligence in any transaction involving money transmission, 6 regardless of reliance thereon by, or damage to, a money 7 transmitter customer. 8 (c) Fraudulent misrepresentation, circumvention, or 9 concealment of any matter required to be stated or furnished 10 to a money transmitter customer pursuant to the code, 11 regardless of reliance thereon by, or damage to, such 12 customer. 13 (d) False, deceptive, or misleading advertising by a 14 money transmitter or authorized vendor. 15 (e) Failure to maintain, preserve, and keep available 16 for examination all books, accounts, or other documents 17 required by the code, by any rule or order adopted pursuant to 18 the code, or by any agreement entered into with the 19 department. 20 (f) Any fact or condition that exists that, if it had 21 existed or had been known to exist at the time the money 22 transmitter applied for registration, would have been grounds 23 for denial of registration. 24 (g) A willful refusal to permit the examination or 25 inspection of books and records in an investigation or 26 examination by the department, pursuant to the provisions of 27 the code, or to comply with a subpoena issued by the 28 department. 29 (h) Failure of the money transmitter or authorized 30 vendor to pay a judgment recovered in any court in this state 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 383 114-258A-97 1 by a claimant in an action arising out of a money transmission 2 transaction within 30 days after the judgment becomes final. 3 (i) Engaging in a prohibited act or practice. 4 (j) Insolvency or operating in an unsafe and unsound 5 manner. 6 (k) Failure by a money transmitter to remove a money 7 transmitter-affiliated party after the department has issued 8 and served upon the money transmitter a final order setting 9 forth a finding that the money transmitter-affiliated party 10 has knowingly violated any provision of the code. 11 (2) In addition to the acts specified in subsection 12 (1), the following acts are grounds for denial of registration 13 or for revocation, suspension, or restriction of registration 14 previously granted: 15 (d) Having an application for registration, or a 16 registration or its equivalent, to practice any profession or 17 occupation denied, suspended, revoked, or otherwise acted 18 against by a registering authority in any jurisdiction for any 19 violation of 18 U.S.C. s. 1956, 31 U.S.C. s. 5324, or any 20 state or federal criminal, civil, or administrative law 21 relating to the business of money transmission, which may 22 cause the denial or revocation of a money transmitter license 23 or registration in such jurisdiction. 24 (e) Having been convicted or found guilty of, or 25 having pled guilty or nolo contendere to, a crime pursuant to 26 18 U.S.C. s. 1956 or 31 U.S.C. s. 5324. 27 (f) Any action that would be grounds for denial of a 28 registration or for revocation, suspension, or restriction of 29 a registration previously granted under part III. 30 Section 4. Subsection (1) of section 560.118, Florida 31 Statutes, is amended to read: 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 383 114-258A-97 1 560.118 Examinations, reports, and internal audits; 2 penalty.-- 3 (1)(a) The department may conduct an examination of a 4 money transmitter or authorized vendor by providing not less 5 than 15 days' advance notice to the money transmitter or 6 authorized vendor; however, whenever the department has reason 7 to believe that a money transmitter or authorized vendor is 8 engaging in an unsafe and unsound practice, or has violated or 9 is violating any provision of the code, the department may 10 make an examination of such money transmitter or authorized 11 vendor without providing advance notice. The department may 12 accept an audit or examination from of any appropriate 13 regulatory agency or an audit from an independent third party 14 a certified public accountant with respect to the operations 15 of a money transmitter or an authorized vendor. The department 16 may also make a joint or concurrent examination with any 17 appropriate regulatory agency. The department may furnish a 18 copy of all examinations made of such money transmitter or 19 authorized vendor to the money transmitter and any appropriate 20 regulatory agency provided that such agency agrees to abide by 21 the confidentiality provisions as set forth in chapter 119. 22 (b) The department may require an examination or audit 23 of a money transmitter or authorized vendor by an independent 24 party which has been approved by the department. The cost of 25 any such examination or audit shall be borne by the money 26 transmitter or authorized vendor. 27 (c)(b) The department may recover the costs of a 28 regular examination and supervision of a money transmitter or 29 authorized vendor; however, the department may not recover the 30 costs of more than one examination in any 12-month period 31 unless the department has determined that the money 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 383 114-258A-97 1 transmitter or authorized vendor is operating in an unsafe or 2 unsound or unlawful manner. 3 (d)(c) The department may, by rule, set a maximum 4 per-day examination cost for a regular examination. Such 5 per-day cost may be less than that required to fully 6 compensate the department for costs associated with the 7 examination. For the purposes of this section, "costs" means 8 the salary and travel expenses directly attributable to the 9 field staff examining the money transmitter or authorized 10 vendor, and the travel expenses of any supervisory staff 11 required as a result of examination findings. Reimbursement 12 for such costs incurred under this subsection must be 13 postmarked no later than 30 days after the date of receipt of 14 a notice stating that such costs are due. The department may 15 levy a late payment penalty of up to $100 per day or part 16 thereof that a payment is overdue, unless the late payment 17 penalty is excused for good cause. In excusing any such late 18 payment penalty, the department may consider the prior payment 19 history of the money transmitter or authorized vendor. 20 Section 5. Section 560.128, Florida Statutes, is 21 amended to read: 22 560.128 Consumer disclosure.-- 23 (1) Every money transmitter and authorized vendor 24 shall provide each consumer of a money transmitter transaction 25 a toll-free telephone number for the purpose of consumer 26 contacts; however, in lieu of such toll-free telephone number, 27 the money transmitter or authorized vendor may provide the 28 address and telephone number of the department. 29 (2) The department, by rule, may require each money 30 transmitter to display a copy of its registration at each 31 location at which the money transmitter engages in the 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 383 114-258A-97 1 activities authorized by such registration, including the 2 location of each authorized vendor. 3 Section 6. Paragraphs (d) and (e) of subsection (3) of 4 section 560.205, Florida Statutes, are amended to read: 5 560.205 Qualifications of applicant for registration; 6 contents.-- 7 (3) Each application for registration by an applicant 8 that is a corporation shall also set forth such information as 9 the department reasonably requires, including, but not limited 10 to: 11 (d) The name, business and residence addresses, and 12 employment history for the past 5 years for each executive 13 officer, controlling shareholders, director, and the 14 responsible person who will be in charge of all the 15 applicant's business activities in this state. 16 (e) The history of material litigation and criminal 17 convictions, pleas of nolo contendere, and cases of 18 adjudication withheld for each executive officer, controlling 19 shareholder, director, and responsible person who will be in 20 charge of the applicant's registered activities. 21 Section 7. This act shall take effect October 1, 1997. 22 23 ***************************************** 24 HOUSE SUMMARY 25 Specifies, in provisions relating to money transmitters, 26 an additional prohibited activity, additional grounds for disciplinary action, independent audits or examinations, 27 display of registrations, and additional registration application information. See bill for details. 28 29 30 31 7