1 | The Committee on Commerce recommends the following: |
2 |
|
3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to financial transactions; amending s. |
7 | 560.103, F.S.; revising a definition of unsafe or unsound |
8 | practice to include failures to adhere to certain federal |
9 | rules; amending s. 560.109, F.S.; authorizing the office |
10 | to conduct examinations to determine the existence of |
11 | violations of certain provisions of law; amending s. |
12 | 560.114, F.S.; providing for disciplinary action for |
13 | failure to maintain certain records required by rules |
14 | adopted under federal law; amending s. 560.129, F.S.; |
15 | clarifying certain provisions relating to confidentiality |
16 | of certain records and documents of the office; providing |
17 | an effective date. |
18 |
|
19 | Be It Enacted by the Legislature of the State of Florida: |
20 |
|
21 | Section 1. Subsection (21) of section 560.103, Florida |
22 | Statutes, is amended to read: |
23 | 560.103 Definitions.--As used in the code, unless the |
24 | context otherwise requires: |
25 | (21) "Unsafe and or unsound practice" means: |
26 | (a) Any practice or conduct found by the office to be |
27 | contrary to generally accepted standards applicable to the |
28 | specific money transmitter, or a violation of any prior order of |
29 | an appropriate regulatory agency, which practice, conduct, or |
30 | violation creates the likelihood of material loss, insolvency, |
31 | or dissipation of assets of the money transmitter or otherwise |
32 | materially prejudices the interests of its customers; or |
33 | (b) Failure to adhere to the provisions of 31 CFR ss. |
34 | 103.20, 103.22, 103.27, 103.28, 103.29, 103.33, 103.37, 103.41, |
35 | and 103.125 as they existed on March 31, 2004. |
36 |
|
37 | In making this determination, the office must consider the size |
38 | and condition of the money transmitter, the magnitude of the |
39 | loss, the gravity of the violation, and the prior conduct of the |
40 | person or business involved. |
41 | Section 2. Subsection (1) of section 560.109, Florida |
42 | Statutes, is amended to read: |
43 | 560.109 Investigations, subpoenas, hearings, and |
44 | witnesses.-- |
45 | (1) The office may make investigations, or conduct |
46 | examinations as prescribed in s. 560.118, within or outside this |
47 | state, which it deems necessary in order to determine whether a |
48 | person has violated any provision of the code, or the rules |
49 | adopted by the commission pursuant to the code, and 31 CFR ss. |
50 | 103.20, 103.22, 103.27, 103.28, 103.29, 103.33, 103.37, 103.41, |
51 | and 103.125 as they existed on March 31, 2004. |
52 | Section 3. Paragraph (e) of subsection (1) of section |
53 | 560.114, Florida Statutes, is amended to read: |
54 | 560.114 Disciplinary actions.-- |
55 | (1) The following actions by a money transmitter or money |
56 | transmitter-affiliated party are violations of the code and |
57 | constitute grounds for the issuance of a cease and desist order, |
58 | the issuance of a removal order, the denial of a registration |
59 | application or the suspension or revocation of any registration |
60 | previously issued pursuant to the code, or the taking of any |
61 | other action within the authority of the office pursuant to the |
62 | code: |
63 | (e) Failure to maintain, preserve, and keep available for |
64 | examination all books, accounts, or other documents required by |
65 | the code, by any rule or order adopted pursuant to the code, and |
66 | by 31 CFR ss. 103.20, 103.22, 103.27, 103.28, 103.29, 103.33, |
67 | 103.37, 103.41, and 103.125 as they existed on March 31, 2004, |
68 | or by any agreement entered into with the office. |
69 | Section 4. Paragraph (a) of subsection (2) of section |
70 | 560.129, Florida Statutes, is amended to read: |
71 | 560.129 Confidentiality.-- |
72 | (2) This section does not prevent or restrict: |
73 | (a) Furnishing records or information to any appropriate |
74 | regulatory agency or law enforcement agency if such agency |
75 | adheres to the confidentiality provisions of the code; |
76 | Section 5. This act shall take effect upon becoming a law. |