HOUSE AMENDMENT
                                                   Bill No. HB 213   Barcode 593927
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Banking offered the following:
12  
13         Amendment (with title amendment) 
14         On page 2, line 25,
15  remove from the bill:  everything after the enacting clause,
16  
17  and insert in lieu thereof:  
18         Section 1.  Paragraph (d) is added to subsection (4) of
19  section 560.103, Florida Statutes, and subsection (10) of said
20  section is amended, to read:
21         560.103  Definitions.--As used in the code, unless the
22  context otherwise requires:
23         (4)  "Code" means the "Money Transmitters' Code,"
24  consisting of:
25         (d)  Part IV of this chapter, relating to deferred
26  presentments.
27         (10)  "Money transmitter" means any person located in
28  or doing business in this state who acts as a payment
29  instrument seller, foreign currency exchanger, check casher,
30  or funds transmitter, or deferred presentment provider.
31         Section 2.  Subsection (4) is added to section 560.111,
                                  1
    File original & 9 copies    03/28/01                          
    hfs0003                     03:09 pm         00213-ba  -593927

HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 Florida Statutes, to read: 2 560.111 Prohibited acts and practices.-- 3 (4) Any person who is not a registered money 4 transmitter and is not otherwise exempt from this code and who 5 violates, or any registered money transmitter who willfully 6 violates, any provision of s. 560.403, s. 560.404, s. 560.405, 7 or s. 560.407 commits a felony of the third degree, punishable 8 as provided in s. 775.082, s. 775.083, or s. 775.084. 9 Section 3. Paragraphs (w) and (x) are added to 10 subsection (1) of section 560.114, Florida Statutes, and 11 subsection (5) is added to said section, to read: 12 560.114 Disciplinary actions.-- 13 (1) The following actions by a money transmitter or 14 money transmitter-affiliated party are violations of the code 15 and constitute grounds for the issuance of a cease and desist 16 order, the issuance of a removal order, the denial of a 17 registration application or the suspension or revocation of 18 any registration previously issued pursuant to the code, or 19 the taking of any other action within the authority of the 20 department pursuant to the code: 21 (w) Failure to pay any fee, charge, or fine under the 22 code. 23 (x) Engaging or advertising engagement in the business 24 of a money transmitter without a registration, unless the 25 person is exempted from the registration requirements of the 26 code. 27 (5) If any registration expires while administrative 28 charges are still pending against the deferred presentment 29 provider, the proceedings against the registrant shall 30 continue as if the registration were still in effect. 31 Section 4. Subsection (1) of section 560.118, Florida 2 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 Statutes, is amended to read: 2 560.118 Examinations, reports, and internal audits; 3 penalty.-- 4 (1)(a) The department may conduct an examination of a 5 money transmitter or authorized vendor by providing not less 6 than 15 days' advance notice to the money transmitter or 7 authorized vendor. However, if the department suspects that 8 the money transmitter or authorized vendor has violated any 9 provisions of this code or any criminal laws of this state or 10 of the United States or is engaging in an unsafe and unsound 11 practice, the department may, at any time without advance 12 notice, conduct an examination of all affairs, activities, 13 transactions, accounts, business records, and assets of any 14 money transmitter or any money transmitter-affiliated party 15 for the protection of the public. For the purpose of 16 examinations, the department may administer oaths and examine 17 a money transmitter or any of its affiliated parties 18 concerning their operations and business activities and 19 affairs. The department may accept an audit or examination 20 from any appropriate regulatory agency or from an independent 21 third party with respect to the operations of a money 22 transmitter or an authorized vendor. The department may also 23 make a joint or concurrent examination with any state or 24 federal regulatory agency. The department may furnish a copy 25 of all examinations made of such money transmitter or 26 authorized vendor to the money transmitter and any appropriate 27 regulatory agency provided that such agency agrees to abide by 28 the confidentiality provisions as set forth in chapter 119. 29 (b) Persons subject to this chapter who are examined 30 shall make available to the department or its examiners the 31 accounts, records, documents, files, information, assets, and 3 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 matters which are in their immediate possession or control and 2 which relate to the subject of the examination. Those 3 accounts, records, documents, files, information, assets, and 4 matters not in their immediate possession shall be made 5 available to the department or the department's examiners 6 within 10 days after actual notice is served on such persons. 7 (c) The audit of a money transmitter required under 8 this section may be performed by an independent third party 9 that has been approved by the department or by a certified 10 public accountant authorized to do business in the United 11 States. The examination of a money transmitter or authorized 12 vendor required under this section may be performed by an 13 independent third party that has been approved by the 14 department or by a certified public accountant authorized to 15 do business in the United States. The cost of such an 16 independent examination or audit shall be directly borne by 17 the money transmitter or authorized vendor. 18 (d) The department may recover the costs of a regular 19 examination and supervision of a money transmitter or 20 authorized vendor; however, the department may not recover the 21 costs of more than one examination in any 12-month period 22 unless the department has determined that the money 23 transmitter or authorized vendor is operating in an unsafe or 24 unsound or unlawful manner. 25 (e) The department may, by rule, set a maximum per-day 26 examination cost for a regular examination. Such per-day cost 27 may be less than that required to fully compensate the 28 department for costs associated with the examination. For the 29 purposes of this section, "costs" means the salary and travel 30 expenses directly attributable to the field staff examining 31 the money transmitter or authorized vendor, and the travel 4 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 expenses of any supervisory staff required as a result of 2 examination findings. Reimbursement for such costs incurred 3 under this subsection must be postmarked no later than 30 days 4 after the date of receipt of a notice stating that such costs 5 are due. The department may levy a late payment penalty of up 6 to $100 per day or part thereof that a payment is overdue, 7 unless the late payment penalty is excused for good cause. In 8 excusing any such late payment penalty, the department may 9 consider the prior payment history of the money transmitter or 10 authorized vendor. 11 Section 5. Section 560.119, Florida Statutes, is 12 amended to read: 13 560.119 Deposit of fees and assessments.--The 14 application fees, registration renewal fees, examination fees, 15 late payment penalties, civil penalties, administrative fines, 16 and other fees or penalties provided for in the code shall, in 17 all cases, be paid directly to the department, which shall 18 deposit such proceeds into the Financial Institutions' 19 Regulatory Trust Fund. Each year, the Legislature shall 20 appropriate from the trust fund to the department sufficient 21 moneys to pay the department's costs for administration of the 22 code. The Financial Institutions' Regulatory Trust Fund is 23 subject to the service charge imposed pursuant to chapter 215. 24 Section 6. Subsection (2) of section 560.205, Florida 25 Statutes, is amended to read: 26 560.205 Qualifications of applicant for registration; 27 contents.-- 28 (2) Each application for registration must be 29 submitted under oath to the department on such forms as the 30 department prescribes by rule and must be accompanied by a 31 nonrefundable application investigation fee. Such fee may not 5 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 exceed $500 for each payment instrument seller or funds 2 transmitter and $50 for each authorized vendor or location 3 operating within this state and may be waived by the 4 department for just cause. The application forms shall set 5 forth such information as the department reasonably requires, 6 including, but not limited to: 7 (a) The name and address of the applicant, including 8 any fictitious or trade names used by the applicant in the 9 conduct of its business. 10 (b) The history of the applicant's material 11 litigation, criminal convictions, pleas of nolo contendere, 12 and cases of adjudication withheld. 13 (c) A description of the activities conducted by the 14 applicant, the applicant's history of operations, and the 15 business activities in which the applicant seeks to engage in 16 this state. 17 (d) A list identifying the applicant's proposed 18 authorized vendors in this state, including the location or 19 locations in this state at which the applicant and its 20 authorized vendors propose to conduct registered activities. 21 (e) A sample authorized vendor contract, if 22 applicable. 23 (f) A sample form of payment instrument, if 24 applicable. 25 (g) The name and address of the clearing financial 26 institution or financial institutions through which the 27 applicant's payment instruments will be drawn or through which 28 such payment instruments will be payable. 29 (h) Documents revealing that the net worth and bonding 30 requirements specified in s. 560.209 have been or will be 31 fulfilled. 6 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 Section 7. Section 560.206, Florida Statutes, is 2 amended to read: 3 560.206 Investigation of applicants.--Upon the filing 4 of a properly completed application, accompanied by the 5 nonrefundable application fee and other required documents, 6 the department shall investigate to ascertain whether the 7 qualifications and requirements prescribed by this part have 8 been met. If the department finds that the applicant meets 9 such qualifications and requirements, the department shall 10 issue the applicant a registration to engage in the business 11 of selling payment instruments and transmitting funds in this 12 state. Any registration issued under this part shall remain 13 effective through April 30 of the second year following the 14 date of issuance of the registration, not to exceed 24 months, 15 unless during such period the registration is in effect 16 through April 30 next following its date of issuance unless 17 otherwise specified by the department or earlier surrendered, 18 suspended, or revoked. 19 Section 8. Section 560.207, Florida Statutes, is 20 amended to read: 21 560.207 Renewal of registration; registration fee.-- 22 (1) Registration may be renewed for a 24-month period 23 or the remainder of any such period without proration 24 following the date of its expiration, upon the filing with the 25 department of an application and other statements and 26 documents as may reasonably be required of registrants by the 27 department. However, the registrant must remain qualified for 28 such registration under the provisions of this part. 29 (2) All registration renewal applications shall be 30 accompanied by a renewal fee not to exceed $1,000, unless such 31 fee is waived by the department. All renewal applications must 7 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 be filed on or after January 1 of the year in which the 2 existing registration expires, but before the expiration date 3 of April 30 March 31. If the renewal application is filed 4 prior to the expiration date of an existing registration, no 5 late investigation fee shall be paid in connection with such 6 renewal application. If the renewal application is filed 7 within 60 calendar days after the expiration date of an 8 existing registration, then, in addition to the $1,000 renewal 9 fee, the renewal application shall be accompanied by a 10 nonrefundable late fee of $500 investigation fee pursuant to 11 s. 560.205(2). If the registrant has not filed a renewal 12 application within 60 calendar days after the expiration date 13 of an existing registration, a new application shall be filed 14 with the department pursuant to s. 560.205. 15 (3) Every registration renewal application shall also 16 include a 2-year registration renewal fee of $50 for each 17 authorized vendor or location operating within this state or, 18 at the option of the registrant, a total 2-year renewal fee of 19 $20,000 $5,000 may be paid to renew the registration of 20 register all such locations currently registered at the time 21 of renewal operating within this state. 22 Section 9. Section 560.208, Florida Statutes, is 23 amended to read: 24 560.208 Conduct of business.-- 25 (1) A registrant may conduct its business at one or 26 more locations within this state through branches or by means 27 of authorized vendors, as designated by the registrant. 28 (2) Within 60 days after the date a registrant either 29 opens a location within this state or authorizes an authorized 30 vendor to operate on the registrant's behalf within this 31 state, the registrant shall notify the department on a form 8 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 prescribed by the department by rule. The notification shall 2 be accompanied by a nonrefundable $50 fee for each authorized 3 vendor or location. Each notification shall also be 4 accompanied by a financial statement demonstrating compliance 5 with s. 560.209(1), unless compliance has been demonstrated by 6 a financial statement filed with the registrant's quarterly 7 report in compliance with s. 560.118(2). The financial 8 statement must be dated within 90 days after the date of 9 designation of the authorized vendor or location. This 10 subsection shall not apply to any authorized vendor or 11 location that has been designated by the registrant before 12 October 1, 2001. 13 (3) Within 60 days after the date a registrant closes 14 a location within this state or withdraws authorization for an 15 authorized vendor to operate on the registrant's behalf within 16 this state, the registrant shall notify the department on a 17 form prescribed by the department by rule. 18 Section 10. Section 560.307, Florida Statutes, is 19 amended to read: 20 560.307 Fees.-- 21 (1) The application shall be filed together with a 22 nonrefundable application investigation fee of that shall be 23 established by department rule; however, the investigation fee 24 may not exceed $250 for each check casher or foreign currency 25 exchanger and $50 for each authorized vendor or location 26 operating within this state. Such investigation fee shall 27 satisfy the fee requirement for the first year of registration 28 or the remaining part thereof. 29 (2) Within 60 days after the date a registrant either 30 opens a location within this state or authorizes an authorized 31 vendor to operate on the registrant's behalf within this 9 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 state, the registrant shall notify the department on a form 2 prescribed by the department by rule. The notification shall 3 be accompanied by a nonrefundable $50 fee for each authorized 4 vendor or location. This subsection shall not apply to any 5 authorized vendor or location that has been designated by the 6 registrant before October 1, 2001. 7 (3) Within 60 days after the date a registrant closes 8 a location within this state or withdraws authorization for an 9 authorized vendor to operate on the registrant's behalf within 10 this state, the registrant shall notify the department on a 11 form prescribed by the department by rule. 12 Section 11. Section 560.308, Florida Statutes, is 13 amended to read: 14 560.308 Registration terms; renewal; renewal fees.-- 15 (1) Registration pursuant to this part shall remain 16 effective through the remainder of the second calendar year 17 following its date of issuance unless during such calendar 18 year the registration is surrendered, suspended, or revoked. 19 (2) The department shall renew registration upon 20 receipt of a completed renewal form and payment of a 21 nonrefundable renewal fee, as provided by rule, not to exceed 22 $500. The completed renewal form and payment of the renewal 23 fee shall occur on or after June 1 of the year in which the 24 existing registration expires. 25 (3) In addition to the renewal fee required by 26 subsection (2), each registrant must register and pay a 2-year 27 $50 registration renewal fee of $50 for each authorized vendor 28 or location, including any authorized vendors, operating 29 within this state or, at the option of the registrant, a total 30 2-year renewal fee of $20,000 $5,000 may be paid to renew the 31 registration of register all such operating locations 10 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 currently registered at the time of renewal within this state. 2 (4) Registration that is not renewed on or before the 3 expiration date of the registration period automatically 4 expires. A renewal application and fee, and a late fee of $250 5 an investigation fee pursuant to s. 560.307, must be filed 6 within 60 calendar days after the expiration of an existing 7 registration in order for the registration to before 8 registration may be reinstated. If the registrant has not 9 filed a renewal application within 60 days after the 10 expiration date of an existing registration, a new application 11 must be filed with the department pursuant to s. 560.307. 12 Section 12. Part IV of chapter 560, Florida Statutes, 13 consisting of sections 560.401, 560.402, 560.403, 560.404, 14 560.405, 560.406, 560.407, and 560.408, Florida Statutes, is 15 created to read: 16 PART IV 17 DEFERRED PRESENTMENT 18 560.401 Short title.--This part may be cited as the 19 "Deferred Presentment Act." 20 560.402 Definitions.--In addition to the definitions 21 provided in ss. 560.103, 560.202, and 560.302 and unless 22 otherwise clearly indicated by the context, for purposes of 23 this part: 24 (1) "Affiliate" means a person who directly or 25 indirectly through one or more intermediaries controls or is 26 controlled by, or is under common control with, a deferred 27 presentment provider. 28 (2) "Business day" means the hours during a particular 29 day during which a deferred presentment provider customarily 30 conducts business, not to exceed 15 consecutive hours during 31 that day. 11 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 (3) "Days" means calendar days. 2 (4) "Deferment period" means the number of days a 3 deferred presentment provider agrees to defer depositing or 4 presenting a payment instrument. 5 (5) "Deferred presentment provider" means a person who 6 engages in a deferred presentment transaction and is 7 registered under part II or part III of the code and has filed 8 a declaration of intent with the department. 9 (6) "Deferred presentment transaction" means providing 10 currency or a payment instrument in exchange for a person's 11 check and agreeing to hold that person's check for a period of 12 time prior to presentment, deposit, or redemption. 13 (7) "Drawer" means any person who writes a personal 14 check and upon whose account the check is drawn. 15 (8) "Rollover" means the termination or extension of 16 an existing deferred presentment agreement by the payment of 17 any additional fee and the continued holding of the check, or 18 the substitution of a new check drawn by the drawer pursuant 19 to a new deferred presentment agreement. 20 (9) "Fee" means the fee authorized for the deferral of 21 the presentation of a check pursuant to this part. 22 (10) "Termination of an existing deferred presentment 23 agreement" means that the check that is the basis for an 24 agreement is redeemed by the drawer by payment in full in 25 cash, or is deposited and the deferred presentment provider 26 has evidence that such check has cleared. A verification of 27 sufficient funds in the drawer's account by the deferred 28 presentment provider shall not be sufficient evidence to deem 29 the existing deferred deposit transaction to be terminated. 30 (11) "Extension of an existing deferred presentment 31 agreement" means that a deferred presentment transaction is 12 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 continued by the drawer paying any additional fees and the 2 deferred presentment provider continues to hold the check for 3 another period of time prior to deposit, presentment, or 4 redemption. 5 560.403 Requirements of registration; declaration of 6 intent.-- 7 (1) No person shall engage in a deferred presentment 8 transaction unless the person is registered under the 9 provisions of part II or part III and has on file with the 10 department a declaration of intent to engage in deferred 11 presentment transactions. The declaration of intent shall be 12 under oath and on such form as the department prescribes by 13 rule. The declaration of intent shall be filed together with 14 a nonrefundable filing fee of $1,000. Any person who is 15 registered under part II or part III on the effective date of 16 this act and intends to engage in deferred presentment 17 transactions shall have 60 days after the effective date of 18 this act to file a declaration of intent. 19 (2) A registrant under this part shall renew his or 20 her intent to engage in the business of deferred presentment 21 transactions or to act as a deferred presentment provider upon 22 renewing his or her registration under part II or part III and 23 shall do so by indicating his or her intent on the renewal 24 form and by submitting a nonrefundable deferred presentment 25 provider renewal fee of $1,000, in addition to any fees 26 required for renewal of registration under part II or part 27 III. 28 (3) A registrant under this part who fails to timely 29 renew his or her intent to engage in the business of deferred 30 presentment transactions or to act as a deferred presentment 31 provider shall immediately cease to engage in the business of 13 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 deferred presentment transactions or to act as a deferred 2 presentment provider. 3 (4) The license of a registrant under this part who 4 fails to timely renew his or her intent to engage in the 5 business of deferred presentment transactions or to act as a 6 deferred presentment provider on or before the expiration date 7 of the registration period automatically expires. A renewal 8 declaration of intent and fee, and a late fee of $500, must be 9 filed within 60 calendar days after the expiration of an 10 existing registration in order for the declaration of intent 11 to be reinstated. If the registrant has not filed a renewal 12 declaration of intent within 60 days after the expiration date 13 of an existing registration, a new declaration must be filed 14 with the department. 15 (5) No person shall be exempt from registration and 16 declaration if such person engages in deferred presentment 17 transactions, regardless of whether such person is currently 18 exempt from registration under any provision of this code. 19 560.404 Requirements for deferred presentment 20 transactions.-- 21 (1) Every deferred presentment transaction shall be 22 documented in a written agreement signed by both the deferred 23 presentment provider and the drawer. 24 (2) The deferred presentment transaction agreement 25 shall be executed on the day the deferred presentment provider 26 furnishes currency or a payment instrument to the drawer. 27 (3) Each written agreement shall contain: 28 (a) The name or trade name, address, and telephone 29 number of the deferred presentment provider and the name and 30 title of the person who signs the agreement on behalf of the 31 deferred presentment provider. 14 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 (b) The date the deferred presentment transaction was 2 made. 3 (c) The amount of the drawer's check. 4 (d) The length of deferral period. 5 (e) The date the deferred presentment transaction is 6 due. 7 (f) The address and telephone number of the 8 department. 9 (g) A clear description of the drawer's payment 10 obligations under the deferred presentment transaction. 11 (4) Every deferred presentment provider shall furnish 12 to the drawer a copy of the deferred presentment transaction 13 agreement. 14 (5) The face amount of a check taken for deferred 15 presentment may not exceed $500 exclusive of the fees allowed 16 by this part. 17 (6) No deferred presentment provider or its affiliate 18 shall charge fees in excess of 10 percent of the currency or 19 payment provided. However, a verification fee may be charged 20 in accordance with s. 560.309(4) and the rules adopted 21 pursuant to the code. The 10-percent fee may not be applied to 22 the verification fee. A deferred presentment provider may 23 charge only those fees specifically authorized in this 24 section. 25 (7) The fees authorized by this section may not be 26 collected before the drawer's check is presented or redeemed. 27 (8) No deferred presentment agreement shall be for a 28 term in excess of 31 days or less than 7 days. 29 (9) No deferred presentment provider shall require a 30 person to provide any additional security for the deferred 31 presentment transaction or any extension or require a person 15 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 to provide any additional guaranty from another person. 2 (10) A deferred presentment provider shall not include 3 any of the following provisions in any written agreement: 4 (a) A hold harmless clause; 5 (b) A confession of judgment clause; 6 (c) Any assignment of or order for payment of wages or 7 other compensation for services; 8 (d) A provision in which the drawer agrees not to 9 assert any claim or defense arising out of the agreement; or 10 (e) A waiver of any provision of this part. 11 (11) Each deferred presentment provider shall 12 immediately provide the drawer with the full amount of any 13 check to be held, less only the fees permitted under this 14 section. 15 (12) The deferred presentment agreement and drawer's 16 check shall bear the same date, and the number of days shall 17 be calculated from this date. No deferred presentment provider 18 or person may alter or delete the date on any written 19 agreement or check held by the deferred presentment provider. 20 (13) For each deferred presentment transaction, the 21 deferred presentment provider must comply with the disclosure 22 requirements of 12 C.F.R., Part 226, the federal 23 Truth-in-Lending Act, and Regulation Z of the Board of 24 Governors of the Federal Reserve Board. A copy of the 25 disclosure must be provided to the drawer at the time the 26 deferred presentment transaction is initiated. 27 (14) No deferred presentment provider or its affiliate 28 may accept or hold an undated check or a check dated on a date 29 other than the date on which the deferred presentment provider 30 agreed to hold the check and signed the deferred presentment 31 transaction agreement. 16 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 (15) Every deferred presentment provider shall hold 2 the drawer's check for the agreed number of days, unless the 3 drawer chooses to redeem the check before the agreed 4 presentment date. 5 (16) Proceeds in a deferred presentment transaction 6 may be made to the drawer in the form of the deferred 7 presentment provider's payment instrument if the deferred 8 presentment provider is registered under part II; however, no 9 additional fee may be charged by a deferred presentment 10 provider or its affiliate for issuing or cashing the deferred 11 presentment provider's payment instrument. 12 (17) No deferred presentment provider may require the 13 drawer to accept its payment instrument in lieu of currency. 14 (18) No deferred presentment provider or its affiliate 15 may engage in the rollover of any deferred presentment 16 agreement. A deferred presentment provider shall not redeem, 17 extend, or otherwise consolidate a deferred presentment 18 agreement with the proceeds of another deferred presentment 19 transaction made by the same or an affiliated deferred 20 presentment provider. 21 (19) A deferred presentment provider may not enter 22 into a deferred presentment transaction with a person who has 23 an outstanding deferred presentment transaction with that 24 provider or with any other deferred presentment provider, or 25 with a person whose previous deferred presentment transaction 26 with that provider or with any other provider has been 27 terminated for less than 24 hours. The deferred presentment 28 provider must verify such information as follows: 29 (a) The deferred presentment provider shall maintain a 30 common database and shall verify whether that deferred 31 presentment provider or an affiliate has an outstanding 17 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 deferred presentment transaction with a particular person or 2 has terminated a transaction with that person within the 3 previous 24 hours. 4 (b) The deferred presentment provider shall access the 5 department's database established pursuant to subsection (23) 6 and shall verify whether any other deferred presentment 7 provider has an outstanding deferred presentment transaction 8 with a particular person or has terminated a transaction with 9 that person within the previous 24 hours. Prior to the time 10 that the department has implemented such a database, the 11 deferred presentment provider may rely upon the written 12 verification of the drawer as provided in subsection (20). 13 (20) A deferred presentment provider shall provide the 14 following notice in a prominent place on each deferred 15 presentment agreement in at least 14-point type in 16 substantially the following form and must obtain the signature 17 of the drawer where indicated: 18 19 NOTICE 20 1. STATE LAW PROHIBITS YOU FROM HAVING MORE 21 THAN ONE DEFERRED PRESENTMENT AGREEMENT AT ANY 22 ONE TIME. STATE LAW ALSO PROHIBITS YOU FROM 23 ENTERING INTO A DEFERRED PRESENTMENT AGREEMENT 24 WITHIN 24 HOURS AFTER TERMINATING ANY PREVIOUS 25 DEFERRED PRESENTMENT AGREEMENT. FAILURE TO OBEY 26 THIS LAW COULD CREATE SEVERE FINANCIAL HARDSHIP 27 FOR YOU AND YOUR FAMILY. 28 29 YOU MUST SIGN THE FOLLOWING STATEMENT: 30 I DO NOT HAVE AN OUTSTANDING DEFERRED 31 PRESENTMENT AGREEMENT WITH ANY DEFERRED 18 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 PRESENTMENT PROVIDER AT THIS TIME. I HAVE NOT 2 TERMINATED A DEFERRED PRESENTMENT AGREEMENT 3 WITHIN THE PAST 24 HOURS. 4 (Signature of Drawer) 5 6 2. YOU CANNOT BE PROSECUTED IN CRIMINAL COURT 7 FOR A CHECK WRITTEN UNDER THIS AGREEMENT, BUT 8 ALL LEGALLY AVAILABLE CIVIL MEANS TO ENFORCE 9 THE DEBT MAY BE PURSUED AGAINST YOU. 10 11 3. STATE LAW PROHIBITS A DEFERRED PRESENTMENT 12 PROVIDER (THIS BUSINESS) FROM ALLOWING YOU TO 13 "ROLL OVER" YOUR DEFERRED PRESENTMENT 14 TRANSACTION. THIS MEANS THAT YOU CANNOT BE 15 ASKED OR REQUIRED TO PAY AN ADDITIONAL FEE IN 16 ORDER TO FURTHER DELAY THE DEPOSIT OR 17 PRESENTMENT OF YOUR CHECK FOR PAYMENT. IF YOU 18 DO NOT HAVE SUFFICIENT FUNDS TO COVER THE CHECK 19 OR TO PAY IN FULL THE AMOUNT OWING AT THE END 20 OF THE TERM OF THIS AGREEMENT, YOU WILL BE 21 PROVIDED A GRACE PERIOD EXTENDING THE TERM OF 22 THE AGREEMENT FOR AN ADDITIONAL 60 DAYS AFTER 23 THE TERMINATION DATE, WITHOUT ANY ADDITIONAL 24 CHARGE. THE DEFERRED PRESENTMENT PROVIDER MAY 25 REQUIRE THAT YOU, AS A CONDITION OF OBTAINING 26 THE DEFERRAL, ATTEND A CONSUMER CREDIT 27 COUNSELING SERVICE AND COMPLY WITH A REPAYMENT 28 PLAN APPROVED BY THAT SERVICE. 29 30 (21) The deferred presentment provider may not deposit 31 or present the drawer's check if the drawer informs the 19 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 provider that there are not sufficient funds to cover the 2 check. No additional fees or penalties may be imposed on the 3 drawer by virtue of any misrepresentation made by the drawer 4 as to the sufficiency of funds in the drawer's account. In no 5 event shall any additional fees be added to the amounts due 6 and owing to the deferred presentment provider. 7 (22)(a) If, at the end of the deferment period, the 8 drawer does not redeem or pay in full in cash the amount due 9 and owing the deferred presentment provider, or if there are 10 insufficient funds available in the drawer's account, the 11 deferred presentment provider shall provide a grace period 12 extending the term of the agreement for an additional 60 days 13 after the termination date, without any additional charge. The 14 provider may require, as a condition of providing this grace 15 period, that the drawer make an appointment with an approved 16 consumer credit counseling service within 7 days after the end 17 of the deferment period, complete the counseling within 60 18 days after the end of the deferment period, and comply with 19 any repayment plan approved by the counseling service. The 20 deferred presentment provider may not deposit or present the 21 drawer's check for payment unless: 22 1. The drawer fails to provide notice to the provider 23 within 7 days after the end of the deferment period that the 24 appointment has been made; 25 2. The provider is informed by the consumer credit 26 counseling service designated by the drawer that the drawer 27 has not made the appointment or has not completed the 28 counseling service within 60 days; or 29 3. The drawer does not comply with the repayment plan 30 approved by the credit counseling service. 31 (b) The deferred presentment provider shall provide 20 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 the drawer with a list of approved consumer credit counseling 2 services prepared by the department. The department shall list 3 those consumer credit counseling services that are nonprofit, 4 affiliated with the National Foundation for Consumer Credit, 5 provide debt management counseling services free of charge or 6 on a sliding fee scale based on income, and agree to provide 7 services in accordance with this section. 8 (c) The deferred presentment provider shall provide 9 the following notice in at least 14-point type in 10 substantially the following form to a drawer who does not 11 redeem or pay in full in cash the amount due and owing at the 12 end of the deferment period: 13 14 AS A CONDITION OF OBTAINING A GRACE PERIOD 15 EXTENDING THE TERM OF YOUR DEFERRED PRESENTMENT 16 AGREEMENT FOR AN ADDITIONAL 60 DAYS, UNTIL 17 [date], WITHOUT ANY ADDITIONAL FEES, YOU MUST 18 ATTEND AN APPROVED CONSUMER CREDIT COUNSELING 19 SERVICE AND COMPLY WITH A REPAYMENT PLAN 20 APPROVED BY THE SERVICE. IF YOU ELECT THIS 21 OPTION, YOU MUST NOTIFY US WITHIN SEVEN (7) 22 DAYS, BY [DATE], THAT YOU HAVE MADE AN 23 APPOINTMENT WITH AN APPROVED CONSUMER CREDIT 24 COUNSELING SERVICE. YOU MUST ALSO NOTIFY US 25 WITHIN SIXTY (60) DAYS, BY [DATE], THAT YOU 26 HAVE COMPLETED THE CONSUMER CREDIT COUNSELING 27 SERVICE. IF YOU FAIL TO PROVIDE EITHER THE 28 7-DAY OR 60-DAY NOTICE, OR IF THE CONSUMER 29 CREDIT COUNSELING SERVICE YOU HAVE CHOSEN DOES 30 NOT VERIFY THAT YOU HAVE MADE THE APPOINTMENT 31 OR COMPLETED THE COUNSELING WITHIN THE TIME 21 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 REQUIRED, WE MAY DEPOSIT OR PRESENT YOUR CHECK 2 FOR PAYMENT AND PURSUE ALL LEGALLY AVAILABLE 3 CIVIL MEANS TO ENFORCE THE DEBT. 4 5 (d) If a drawer completes an approved consumer credit 6 counseling service, the deferred presentment provider shall 7 pay one-half of the drawer's fee for the deferred presentment 8 agreement to the consumer credit counseling service. 9 (23) On or before March 1, 2002, the department shall 10 implement a common database with real-time access through a 11 toll-free connection for deferred presentment providers, as 12 provided in this subsection. The database must be accessible 13 to the department and the deferred presentment providers to 14 verify whether any deferred presentment transactions are 15 outstanding for a particular person. Deferred presentment 16 providers shall submit such data on each deferred presentment 17 transaction in such format as required by the department, 18 including the drawer's name, address, driver's license number, 19 amount of the transaction, date of transaction, the date that 20 the transaction is closed, and such additional information as 21 is required by the department. The department may impose a fee 22 not to exceed $1 per transaction for data required to be 23 submitted by a deferred presentment provider. A deferred 24 presentment provider may rely on the information contained in 25 the database as accurate and is not liable or subject to 26 penalty as a result of inaccurate information contained in the 27 database. The department may adopt rules to administer and 28 enforce the provisions of this section and to assure that the 29 database is used by deferred presentment providers in 30 accordance with this section. 31 560.405 Deposit; redemption.-- 22 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 (1) The deferred presentment provider or its affiliate 2 shall not present the drawer's check prior to the agreed-upon 3 date of presentment, as reflected in the deferred presentment 4 transaction agreement. 5 (2) Before a deferred presentment provider presents 6 the drawer's check, the check shall be endorsed with the 7 actual name under which the deferred presentment provider is 8 doing business. 9 (3) Notwithstanding the provisions of subsection (1), 10 in lieu of presentment, a deferred presentment provider may 11 allow the check to be redeemed at any time upon payment to the 12 deferred presentment provider in the amount of the face amount 13 of the drawer's check. However, payment may not be made in the 14 form of a personal check. Upon redemption, the deferred 15 presentment provider shall return the drawer's check that was 16 being held and provide a signed, dated receipt showing that 17 the drawer's check has been redeemed. 18 (4) No drawer can be required to redeem his or her 19 check prior to the agreed-upon date; however, the drawer may 20 choose to redeem the check before the agreed-upon presentment 21 date. 22 560.406 Worthless checks.--If a check is returned to a 23 deferred presentment provider from a payor financial 24 institution due to lack of funds, a closed account, or a 25 stop-payment order, the deferred presentment provider may seek 26 collection pursuant to s. 68.065, except a deferred 27 presentment provider shall not be entitled to collect treble 28 damages pursuant s. 68.065. The notice sent by a deferred 29 deposit provider pursuant to s. 68.065 shall not include any 30 references to treble damages and must clearly state that the 31 deferred presentment provider is not entitled to recover such 23 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 damages. Except as otherwise provided in this part, an 2 individual who issues a personal check to a deferred 3 presentment provider under a deferred presentment agreement is 4 not subject to criminal penalty. If a check is returned to a 5 deferred presentment provider from a payor financial 6 institution due to insufficient funds, a closed account, or a 7 stop-payment order, the deferred presentment provider may 8 pursue all legally available civil remedies to collect the 9 check, including, but not limited to, the imposition of all 10 charges imposed on the deferred presentment provider by any 11 financial institution. In its collection practices, a deferred 12 presentment provider shall comply with the prohibitions 13 against harassment or abuse, false or misleading 14 representations, and unfair practices which are contained in 15 ss. 806, 807, and 808 of the Fair Debt Collections Practices 16 Act, 15 U.S.C. ss. 1692d, 1692e, 1692f. A violation of this 17 act is a deceptive and unfair trade practice and constitutes a 18 violation of the Deceptive and Unfair Trade Practices Act, 19 part II, of chapter 501. In addition, a deferred presentment 20 provider shall comply with the applicable provisions of part 21 VI of chapter 559, the Consumer Collection Practices Act, 22 including, but not limited to, the provisions of s. 559.77. 23 560.407 Records.-- 24 (1) Each registrant under this part must maintain all 25 books, accounts, records, and documents necessary to determine 26 the registrant's compliance with the provisions of the code. 27 Such books, accounts, records, and documents shall be retained 28 for a period of at least 3 years unless a longer period is 29 expressly required by the department, the laws of this state, 30 or any federal law. 31 (2) The records required to be maintained by the code 24 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 or any rule adopted pursuant thereto may be maintained by the 2 registrant at any location within this state, provided that 3 the registrant notifies the department, in writing, of the 4 location of the records in its application or otherwise. 5 (3) A registrant shall make records available to the 6 department for examination and investigation in this state, as 7 permitted by the code, within 7 days after receipt of a 8 written request. 9 (4) The original of any record of a registrant 10 includes the data or other information comprising a record 11 stored or transmitted in or by means of any electronic, 12 computerized, mechanized, or other information storage or 13 retrieval or transmission system or device that can upon 14 request generate, regenerate, or transmit the precise data or 15 other information comprising the record. An original also 16 includes the visible data or other information so generated, 17 regenerated, or transmitted if it is legible or can be made 18 legible by enlargement or other process. 19 560.408 Legislative intent; report.-- 20 (1) It is the intent of the Legislature to provide for 21 the regulation of deferred presentment transactions. It is 22 further the intent of the Legislature to prevent fraud, abuse, 23 and other unlawful activity associated with deferred 24 presentment transactions in part by: 25 (a) Providing for sufficient regulatory authority and 26 resources to monitor deferred presentment transactions. 27 (b) Preventing rollovers. 28 (c) Regulating the allowable fees charged in 29 connection with a deferred presentment transaction. 30 (2) The Comptroller shall submit a report to the 31 President of the Senate and the Speaker of the House of 25 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 Representatives on January 1, 2003, and January 1, 2004, 2 containing findings and conclusions concerning the 3 effectiveness of this act in preventing fraud, abuse, and 4 other unlawful activity associated with deferred presentment 5 transactions. The report may contain legislative 6 recommendations addressing the prevention of fraud, abuse, and 7 other unlawful activity associated with deferred presentment 8 transactions. Prior to filing the report, the Comptroller 9 shall consult with the Attorney General for the purpose of 10 including any recommendations or concerns expressed by the 11 Attorney General. 12 Section 13. This act shall take effect October 1, 13 2001. 14 15 16 ================ T I T L E A M E N D M E N T =============== 17 And the title is amended as follows: 18 On page 1, line 2, through page 2, line 22, 19 remove from the title of the bill: all of said lines, 20 21 and insert in lieu thereof: 22 An act relating to the Money Transmitter's 23 Code; amending s. 560.103, F.S.; revising 24 definitions; amending s. 560.111, F.S.; 25 providing penalties for specified violations of 26 the deferred presentment act; amending s. 27 560.114, F.S.; providing additional grounds for 28 disciplinary action; providing for continuation 29 of certain administrative proceedings under 30 certain circumstances; amending s. 560.118, 31 F.S.; eliminating the authority to assess 26 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 examination fees; amending s. 560.119, F.S.; 2 revising the deposit of fees and assessments; 3 amending s. 560.205, F.S.; adding a fee for 4 authorized vendor or branch locations; amending 5 s. 560.206, F.S.; amending the registration 6 period; amending s. 560.207, F.S.; conforming 7 and clarifying the fee for late renewals; 8 amending the renewal application fee; amending 9 s. 560.208, F.S.; requiring notification of 10 vendor or branch locations; requiring a 11 nonrefundable fee and financial statement; 12 amending s. 560.307, F.S.; applying the 13 application fee to check cashers and foreign 14 currency exchangers and adding a fee for 15 authorized vendors or branch locations; 16 requiring notification of vendor or branch 17 locations; amending s. 560.308, F.S.; 18 increasing the registration and renewal fee for 19 each registrant; clarifying the fee to be 20 charged for late renewal; creating part IV, ch. 21 560, F.S., consisting of ss. 560.401, 560.402, 22 560.403, 560.404, 560.405, 560.406, 560.407, 23 and 560.408, F.S.; providing a short title; 24 providing definitions; providing registration 25 requirements for deferred presentment 26 transactions; providing for filing fees; 27 providing limitations; specifying requirements 28 and limitations for engaging in deferred 29 presentment transactions; providing 30 prohibitions; providing for fees; providing 31 limitations; requiring certain notice; 27 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927
HOUSE AMENDMENT Bill No. HB 213 Barcode 593927 Amendment No. 1 (for drafter's use only) 1 specifying criteria and requirements for 2 deposit and redemption of a drawer's check; 3 providing procedures for recovering damages for 4 worthless checks; requiring maintenance of 5 records for a time certain; providing 6 legislative intent; requiring the Comptroller 7 to submit a report to the President of the 8 Senate and the Speaker of the House of 9 Representatives concerning the effectiveness of 10 this act; providing an effective date. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 File original & 9 copies 03/28/01 hfs0003 03:09 pm 00213-ba -593927