HB 1171CS

CHAMBER ACTION




1The Committee on Commerce recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to financial transactions; amending s.
7560.103, F.S.; revising a definition of unsafe or unsound
8practice to include failures to adhere to certain federal
9rules; amending s. 560.109, F.S.; authorizing the office
10to conduct examinations to determine the existence of
11violations of certain provisions of law; amending s.
12560.114, F.S.; providing for disciplinary action for
13failure to maintain certain records required by rules
14adopted under federal law; amending s. 560.129, F.S.;
15clarifying certain provisions relating to confidentiality
16of certain records and documents of the office; providing
17an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Subsection (21) of section 560.103, Florida
22Statutes, is amended to read:
23     560.103  Definitions.--As used in the code, unless the
24context otherwise requires:
25     (21)  "Unsafe and or unsound practice" means:
26     (a)  Any practice or conduct found by the office to be
27contrary to generally accepted standards applicable to the
28specific money transmitter, or a violation of any prior order of
29an appropriate regulatory agency, which practice, conduct, or
30violation creates the likelihood of material loss, insolvency,
31or dissipation of assets of the money transmitter or otherwise
32materially prejudices the interests of its customers; or
33     (b)  Failure to adhere to the provisions of 31 CFR ss.
34103.20, 103.22, 103.27, 103.28, 103.29, 103.33, 103.37, 103.41,
35and 103.125 as they existed on March 31, 2004.
36
37In making this determination, the office must consider the size
38and condition of the money transmitter, the magnitude of the
39loss, the gravity of the violation, and the prior conduct of the
40person or business involved.
41     Section 2.  Subsection (1) of section 560.109, Florida
42Statutes, is amended to read:
43     560.109  Investigations, subpoenas, hearings, and
44witnesses.--
45     (1)  The office may make investigations, or conduct
46examinations as prescribed in s. 560.118, within or outside this
47state, which it deems necessary in order to determine whether a
48person has violated any provision of the code, or the rules
49adopted by the commission pursuant to the code, and 31 CFR ss.
50103.20, 103.22, 103.27, 103.28, 103.29, 103.33, 103.37, 103.41,
51and 103.125 as they existed on March 31, 2004.
52     Section 3.  Paragraph (e) of subsection (1) of section
53560.114, Florida Statutes, is amended to read:
54     560.114  Disciplinary actions.--
55     (1)  The following actions by a money transmitter or money
56transmitter-affiliated party are violations of the code and
57constitute grounds for the issuance of a cease and desist order,
58the issuance of a removal order, the denial of a registration
59application or the suspension or revocation of any registration
60previously issued pursuant to the code, or the taking of any
61other action within the authority of the office pursuant to the
62code:
63     (e)  Failure to maintain, preserve, and keep available for
64examination all books, accounts, or other documents required by
65the code, by any rule or order adopted pursuant to the code, and
66by 31 CFR ss. 103.20, 103.22, 103.27, 103.28, 103.29, 103.33,
67103.37, 103.41, and 103.125 as they existed on March 31, 2004,
68or by any agreement entered into with the office.
69     Section 4.  Paragraph (a) of subsection (2) of section
70560.129, 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
74regulatory agency or law enforcement agency if such agency
75adheres to the confidentiality provisions of the code;
76     Section 5.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.