Senate Bill sb2562

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    Florida Senate - 2004                                  SB 2562

    By Senator Dockery





    15-1113B-04

  1                      A bill to be entitled

  2         An act relating to securities transactions;

  3         amending s. 560.103, F.S.; defining the term

  4         "unsafe and unsound practice" for purposes of

  5         the Money Transmitters' Code to include failure

  6         to comply with specified provisions of the Code

  7         of Federal Regulations relating to money and

  8         finance; amending s. 560.109, F.S.; authorizing

  9         the Office of Financial Regulation of the

10         Financial Services Commission to make

11         investigations or examinations to determine a

12         violation of provisions of the Code of Federal

13         Regulations relating to money and finance;

14         amending s. 560.114, F.S.; providing for

15         disciplinary actions for failure to maintain

16         all books, accounts, or other documents

17         pursuant to provisions of the Code of Federal

18         Regulations relating to money and finance;

19         amending s. 560.129, F.S.; providing that

20         financial records or information may be

21         furnished to any law enforcement agency;

22         providing an effective date.

23  

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

25  

26         Section 1.  Subsection (21) of section 560.103, Florida

27  Statutes, is amended to read:

28         560.103  Definitions.--As used in the code, unless the

29  context otherwise requires:

30         (21)  "Unsafe and or unsound practice" means:

31  

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    Florida Senate - 2004                                  SB 2562
    15-1113B-04




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

 2  contrary to generally accepted standards applicable to the

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

 4  of an appropriate regulatory agency, which practice, conduct,

 5  or violation creates the likelihood of material loss,

 6  insolvency, or dissipation of assets of the money transmitter

 7  or otherwise materially prejudices the interests of its

 8  customers; or.

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

10  ss. 103.20, 103.22, 103.27, 103.28, 103.29, 103.33, 103.37,

11  103.41, and 103.125 as they existed on March 31, 2004.

12  

13  In making a this determination under this subsection, the

14  office must consider the size and condition of the money

15  transmitter, the magnitude of the loss, the gravity of the

16  violation, and the prior conduct of the person or business

17  involved.

18         Section 2.  Subsection (1) of section 560.109, Florida

19  Statutes, is amended to read:

20         560.109  Investigations, subpoenas, hearings, and

21  witnesses.--

22         (1)  The office may make investigations or examinations

23  as prescribed in s. 560.118, within or outside this state,

24  which it deems necessary in order to determine whether a

25  person has violated any provision of the code, or the rules

26  adopted by the commission pursuant to the code, or 31 C.F.R.

27  ss. 103.20, 103.22, 103.27, 103.28, 103.29, 103.33, 103.37,

28  103.41, and 103.125 as they existed on March 31, 2004.

29         Section 3.  Paragraph (e) of subsection (1) of section

30  560.114, Florida Statutes, is amended to read:

31         560.114  Disciplinary actions.--

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    Florida Senate - 2004                                  SB 2562
    15-1113B-04




 1         (1)  The following actions by a money transmitter or

 2  money transmitter-affiliated party are violations of the code

 3  and constitute grounds for the issuance of a cease and desist

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

 5  registration application or the suspension or revocation of

 6  any registration previously issued pursuant to the code, or

 7  the taking of any other action within the authority of the

 8  office pursuant to the code:

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

10  for examination all books, accounts, or other documents

11  required by the code, by any rule or order adopted pursuant to

12  the code, by 31 C.F.R. ss. 103.20, 103.22, 103.27, 103.28,

13  103.29, 103.33, 103.37, 103.41, and 103.125 as they existed on

14  March 31, 2004, or by any agreement entered into with the

15  office.

16         Section 4.  Subsection (2) of section 560.129, Florida

17  Statutes, is amended to read:

18         560.129  Confidentiality.--

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

20         (a)  Furnishing records or information to any

21  appropriate regulatory agency or law enforcement agency if

22  such agency adheres to the confidentiality provisions of the

23  code;

24         (b)  Furnishing records or information to an

25  independent third party or a certified public accountant who

26  has been approved by the office to conduct an examination

27  under s. 560.118(1)(b), if the independent third party or

28  certified public accountant adheres to the confidentiality

29  provisions of the code; or

30  

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    Florida Senate - 2004                                  SB 2562
    15-1113B-04




 1         (c)  Reporting any suspected criminal activity, with

 2  supporting documents and information, to appropriate law

 3  enforcement or prosecutorial agencies.

 4         Section 5.  This act shall take effect upon becoming a

 5  law.

 6  

 7            *****************************************

 8                          SENATE SUMMARY

 9    Revises the definition of the term "unsafe or unsound
      practice for purposes of the Money Transmitters' Code."
10    Provides that the Office of Financial Regulation may make
      investigations or examinations to determine a violation
11    of the Code of Federal Regulations relating to money and
      finance. Provides disciplinary actions for failure to
12    maintain all books, accounts, or other documents pursuant
      to the Code of Federal Regulations relating to money and
13    finance. Provides that financial records or information
      may be furnished to any law enforcement agency.
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