Florida Senate - 2008 SB 2158
By the Committee on Banking and Insurance
597-04187-08 20082158__
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A bill to be entitled
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An act relating to money services businesses; changing the
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name of money transmitters to money services businesses;
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requiring licensure rather than registration; amending s.
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560.103, F.S.; revising definitions; defining the terms
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"adjusted net worth," "affiliated party," "branch office,"
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"cashing," "compliance officer," "electronic instrument,"
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"financial audit report," "foreign affiliate," "licensee,"
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"location," "monetary value," "outstanding money
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transmission," and "stored value"; amending s. 560.104,
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F.S.; revising provision providing exemptions from ch.
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560, F.S.; amending s. 560.105, F.S.; revising provisions
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relating to the powers of the Office of Financial
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Regulation and the Financial Services Commission; amending
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s. 560.109, F.S.; revising provisions relating to
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examinations and investigations conducted by the office;
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requiring that the office periodically examine each
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licensee; requiring the office to report certain
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violations to a criminal investigatory agency; requiring
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that the office annually report to the Legislature
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information concerning investigations and examinations and
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the total amount of fines assessed and collected; creating
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s. 560.1091, F.S.; requiring persons examined to pay the
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expenses of examination as set by rule of the commission;
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providing for the deposit of funds collected from
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licensees; requiring payment for travel expenses and
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living expenses and compensation for persons making the
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examinations from such funds or from funds budgeted for
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such purposes; creating s. 560.110, F.S.; providing for
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record retention by licensees; amending s. 560.111, F.S.;
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revising the list of prohibited acts by a money services
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business; amending s. 560.113, F.S.; providing for the
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establishment of a receivership or the payment of
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restitution by a person found to have violated ch. 560,
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F.S.; amending s. 560.114, F.S.; revising grounds for the
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disciplinary actions; amending s. 560.115, F.S.; revising
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provisions relating to the voluntary surrender of a
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license; amending s. 560.116, F.S.; revising provisions
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relating to the granting of immunity for providing
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information about alleged violations of ch. 560, F.S.;
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amending s. 560.118, F.S.; revising provisions relating to
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required reports; deleting an exemption from the
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requirement to file an annual financial report;
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transferring, renumbering, and amending s. 560.119, F.S.;
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revising provisions providing for the deposit of fees and
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assessments; amending s. 560.121, F.S.; revising
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restriction on access to records held by a court or the
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Legislature; amending s. 560.123, F.S.; revising
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provisions relating to the Florida Control of Money
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Laundering in Money Services Business; creating s.
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560.1235, F.S.; requiring a licensee to comply with state
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and federal money laundering laws and rules; amending s.
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560.124, F.S.; revising provisions relating to sharing
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reported information; amending s. 560.125, F.S.; revising
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provisions relating to unlicensed activity; amending s.
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560.126, F.S.; revising provisions relating to certain
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notice requirements by a licensee; amending s. 560.127,
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F.S.; revising provisions relating to the control of a
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money services business; amending s. 560.128, F.S.;
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revising provisions relating to customer contacts and
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license display; amending s. 560.129, F.S.; revising
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provisions relating to the confidentiality of certain
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records; creating s. 560.140, F.S.; providing licensing
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standards for a money services business; creating s.
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560.141, F.S.; providing for a license application;
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creating s. 560.142, F.S.; providing for license renewal;
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creating s. 560.143, F.S.; providing for license fees;
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amending s. 560.203, F.S.; revising the exemption from
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licensure for authorized agents of a money services
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business; amending s. 560.204, F.S.; revising provisions
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relating to the requirement for licensure of money
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transmitters or sellers of payment instruments under part
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II of ch. 560, F.S.; amending s. 560.205, F.S.; providing
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additional requirements for a license application;
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amending s. 560.208, F.S.; revising provisions relating to
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the conduct of a licensee; creating s. 560.2085, F.S.;
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providing requirements for authorized agents; amending s.
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560.209, F.S.; revising provisions relating to a
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licensee's adjusted net worth and the filing of a
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corporate surety bond; requiring a financial audit report;
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increasing the upper limit of the bond; deleting the
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option of waiving the bond; amending s. 560.210, F.S.;
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revising provisions relating to permissible investments;
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amending s. 560.211, F.S.; revising provisions relating to
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required recordkeeping under part II of ch. 560, F.S.;
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amending s. 560.212, F.S.; revising provisions relating to
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licensee liability; amending s. 560.213, F.S.; revising
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provisions relating information that must be printed on a
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payment instrument; amending s. 560.303, F.S.; revising
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provisions relating to the licensure of check cashers
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under part II of ch. 560, F.S.; amending s. 560.304, F.S.;
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revising provisions relating to exemptions from licensure;
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limiting the exemption for the payment of instruments
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below a certain value; amending s. 560.309, F.S.; revising
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provisions relating to the conduct of check cashers;
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providing additional requirements; amending s. 560.310,
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F.S.; revising requirements for licensee records;
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specifying the maintenance of identification records for
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certain customers; amending s. 560.402, F.S.; revising
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definitions relating to deferred presentment providers;
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amending s. 560.403, F.S.; revising provisions relating to
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the licensing requirements for deferred presentment
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providers; amending s. 560.404, F.S.; revising provisions
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relating to deferred presentment transactions; amending s.
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560.405, F.S.; revising provisions relating to the
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redemption or deposit of a deferred presentment
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transaction; amending s. 560.406, F.S.; revising
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provisions relating to worthless checks; amending ss.
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921.0022, F.S.; conforming cross-references; repealing s.
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560.101, F.S., relating to a short title; repealing s.
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560.102, F.S., relating to purpose and application;
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repealing s. 560.106, F.S., relating to chapter
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constructions; repealing s. 560.1073, F.S., relating to
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false or misleading statements or documents; repealing s.
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560.108, F.S., relating to administrative enforcement
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guidelines; repealing s. 560.112, F.S., relating to
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disciplinary action procedures; repealing s. 560.117,
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F.S., relating to administrative fines; repealing s.
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560.200, F.S., relating to a short title; repealing s.
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560.202, F.S., relating to definitions; repealing s.
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560.206, F.S., relating to the investigation of
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applicants; repealing s. 560.207, F.S., relating to
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registration; repealing s. 560.301, F.S., relating to a
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short title; repealing s. 560.302, F.S., relating to
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definitions; repealing s. 560.305, F.S., relating to
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application for registration; repealing s. 560.306, F.S.,
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relating to standards; repealing s. 560.307, F.S.,
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relating to fees; repealing s. 560.308, F.S., relating to
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registration; repealing s. 560.401, F.S., relating to a
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short title; repealing s. 560.407, F.S., relating to
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required records; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 560.103, Florida Statutes, is amended to
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read:
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560.103 Definitions.--As used in this chapter, the term the
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code, unless the context otherwise requires:
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(1) "Adjusted net worth" means assets minus liabilities,
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determined in accordance with United States generally accepted
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accounting principles, that have been adjusted to exclude the
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following assets:
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(a) Goodwill.
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(b) A home, home furnishings, automobiles, and any other
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personal items.
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(c) Advances or loans to an affiliated party.
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(d) Receivables from officers, directors, shareholders, or
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affiliated parties other than receivables in the normal course of
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business.
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(e) Accounts receivables owed by authorized agents which
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are due more than 90 days after the date of receipt of monetary
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value from the customer.
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(2) "Affiliated party" means a director, officer,
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responsible person, employee, or foreign affiliate of a money
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services business, or a person who has a controlling interest in
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a money services business as provided in s. 560.127.
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(3)(1) "Appropriate regulator" means a any state, or
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federal, or foreign agency that, including the commission or
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office, which has been granted state or federal statutory
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authority to enforce state, federal, or foreign laws related to a
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money services business or deferred presentment provider with
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regard to the money transmission function.
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(4)(2) "Authorized agent vendor" means a person designated
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by a money services business licensed under part II of this
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chapter a registrant to act engage in the business of a money
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transmitter on behalf of the licensee the registrant at locations
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in this state pursuant to a written contract with the licensee
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registrant.
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(5) "Branch office" means the physical location, other than
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the principal place of business, of a money services business
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operated by a licensee under this chapter.
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(6) "Cashing" means providing currency for payment
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instruments except for travelers checks.
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(7)(3) "Check casher" means a person who, for compensation,
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sells currency in exchange for payment instruments received,
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except travelers checks and foreign-drawn payment instruments.
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(4) "Code" means the "Money Transmitters' Code," consisting
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of:
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(a) Part I of this chapter, relating to money transmitters
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generally.
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(b) Part II of this chapter, relating to payment
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instruments and funds transmission.
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(c) Part III of this chapter, relating to check cashing and
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foreign currency exchange.
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(d) Part IV of this chapter, relating to deferred
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presentments.
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(8) "Commission" means the Financial Services Commission.
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(9) "Compliance officer" means the individual in charge of
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overseeing, managing, and ensuring that a money services business
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is in compliance with all state and federal laws and rules
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relating to money services businesses, as applicable, including
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all money laundering laws and rules.
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(5) "Consideration" means and includes any premium charged
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for the sale of goods, or services provided in connection with
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the sale of the goods, which is in excess of the cash price of
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such goods.
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(10)(6) "Currency" means the coin and paper money of the
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United States or of any other country which is designated as
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legal tender and which circulates and is customarily used and
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accepted as a medium of exchange in the country of issuance.
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Currency includes United States silver certificates, United
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States notes, and Federal Reserve notes. Currency also includes
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official foreign bank notes that are customarily used and
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accepted as a medium of exchange in a foreign country.
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(7) "Commission" means the Financial Services Commission.
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(11) "Deferred presentment provider" means a person who is
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licensed under part II or part III of this chapter and has filed
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a declaration of intent with the office to engage in deferred
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presentment transactions as provided under part IV of this
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chapter.
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(12) "Electronic instrument" means a card, tangible object,
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or other form of electronic payment for the transmission or
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payment of money or the exchange of monetary value, including a
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stored value card or device that contains a microprocessor chip,
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magnetic stripe, or other means for storing information; that is
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prefunded; and for which the value is decremented upon each use.
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(13) "Financial audit report" means a report prepared in
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connection with a financial audit that is conducted in accordance
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with generally accepted auditing standards prescribed by the
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American Institute of Certified Public Accountants by a certified
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public accountant licensed to do business in the United States,
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and which must include:
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(a) Financial statements, including notes related to the
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financial statements and required supplementary information,
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prepared in conformity with accounting principles generally
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accepted in the United States. The notes must, at a minimum,
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include detailed disclosures regarding receivables that are
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greater than 90 days, if the total amount of such receivables
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represent more than 2 percent of the licensee's total assets.
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(b) An expression of opinion regarding whether the
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financial statements are presented in conformity with accounting
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principles generally accepted in the United States, or an
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assertion to the effect that such an opinion cannot be expressed
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and the reasons.
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(14) "Foreign affiliate" means a person located outside
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this state who has been designated by a licensee to make payments
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on behalf of the licensee to persons who reside outside this
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state. The term also includes a person located outside of this
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state for whom the licensee has been designated to make payments
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in this state.
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(8) "Office" means the Office of Financial Regulation of
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the commission.
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(15)(9) "Foreign currency exchanger" means a person who
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exchanges, for compensation, currency of the United States or a
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foreign government to currency of another government.
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(10) "Funds transmitter" means a person who engages in the
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receipt of currency or payment instruments for the purpose of
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transmission by any means, including transmissions within this
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country or to or from locations outside this country, by wire,
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facsimile, electronic transfer, courier, or otherwise.
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(16) "Licensee" means a person licensed under this chapter.
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(17) "Location" means a branch office, mobile location, or
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an authorized agent whose business activity is regulated under
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this chapter.
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(18) "Monetary value" means a medium of exchange, whether
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or not redeemable in currency.
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(19)(11) "Money services business transmitter" means any
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person located in or doing business in this state, from this
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state, or into this state from locations outside this state or
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country who acts as a payment instrument seller, foreign currency
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exchanger, check casher, or money funds transmitter, or deferred
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presentment provider.
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(20) "Money transmitter" means a person who receives
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currency, monetary value, or payment instruments for the purpose
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of transmitting the same by any means, including transmission by
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wire, facsimile, electronic transfer, courier, the Internet, or
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through bill payment services or other businesses that facilitate
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such transfer within this country, or to or from this country.
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(12) "Money transmitter-affiliated party" means any
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director, officer, responsible person, employee, authorized
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vendor, independent contractor of a money transmitter, or a
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person who has filed, is required to file, or is found to control
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a money transmitter pursuant to s. 560.127, or any person engaged
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in any jurisdiction, at any time, in the business of money
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transmission as a controlling shareholder, director, officer, or
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responsible person who becomes involved in a similar capacity
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with a money transmitter registered in this state.
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(21) "Office" means the Office of Financial Regulation of
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the commission.
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(22)(13) "Officer" means an individual, other than a
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director whether or not the individual has an official title or
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receives a salary or other compensation, who participates in, or
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has authority to participate, other than in the capacity of a
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director, in, the major policymaking functions of a the money
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services transmitter business, regardless of whether the
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individual has an official title or receives a salary or other
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compensation.
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(23) "Outstanding money transmission" means a money
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transmission request to a designated recipient or a refund to a
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sender that has not been completed.
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(24)(14) "Outstanding payment instrument instruments" means
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an unpaid payment instrument instruments whose sale has been
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reported to a licensee registrant.
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(25)(15) "Payment instrument" means a check, draft,
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warrant, money order, travelers check, electronic instrument, or
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other instrument, or payment of money, or monetary value whether
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or not negotiable. The term Payment instrument does not include
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an instrument that is redeemable by the issuer in merchandise or
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service, a credit card voucher, or a letter of credit.
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(26)(16) "Payment instrument seller" means a person who
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sells a payment instrument.
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(27)(17) "Person" means an any individual, partnership,
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association, trust, corporation, limited liability company, or
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other group, however organized, but does not include a public the
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governments of the United States or this state or any department,
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agency, or instrumentality thereof.
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(18) "Registrant" means a person registered by the office
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pursuant to the code.
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(28)(19) "Responsible person" means an individual a person
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who is employed by or affiliated with a money services business
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transmitter and who has principal active management authority
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over the business decisions, actions, and activities of the money
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services business transmitter in this state.
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(29)(20) "Sells Sell" means to sell, issue, provide, or
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deliver.
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(30) "Stored value" means funds or monetary value
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represented in digital electronics format, whether or not
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specially encrypted, and stored or capable of storage on
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electronic media in such a way as to be retrievable and
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transferred electronically.
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(21) "Unsafe and unsound practice" means:
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(a) Any practice or conduct found by the office to be
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contrary to generally accepted standards applicable to the
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specific money transmitter, or a violation of any prior order of
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an appropriate regulatory agency, which practice, conduct, or
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violation creates the likelihood of material loss, insolvency, or
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dissipation of assets of the money transmitter or otherwise
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materially prejudices the interests of its customers; or
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(b) Failure to adhere to the provisions of 31 C.F.R. ss.
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103.20, 103.22, 103.27, 103.28, 103.29, 103.33, 103.37, 103.41,
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and 103.125 as they existed on March 31, 2004.
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In making a determination under this subsection, the office must
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consider the size and condition of the money transmitter, the
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magnitude of the loss, the gravity of the violation, and the
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prior conduct of the person or business involved.
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Section 2. Section 560.104, Florida Statutes, is amended to
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read:
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560.104 Exemptions.--The following entities are exempt from
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the provisions of this chapter the code:
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(1) Banks, credit card banks, credit unions, trust
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companies, associations, offices of an international banking
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corporation, Edge Act or agreement corporations, or other
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financial depository institutions organized under the laws of any
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state or the United States, provided that they do not sell
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payment instruments through authorized vendors who are not such
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entities.
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(2) The United States or any agency or department,
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instrumentality, or agency thereof.
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(3) This state or any political subdivision of this state.
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Section 3. Section 560.105, Florida Statutes, is amended to
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read:
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560.105 Supervisory powers; rulemaking.--
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(1) Consistent with the purposes of the code, The office
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shall have:
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(a) Supervise Supervision over all money services
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businesses transmitters and their authorized agents vendors.
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(b) Have access to the books and records of persons over
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whom the office supervises exercises supervision as is necessary
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to carry out for the performance of the duties and functions of
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the office under this chapter prescribed by the code.
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(c) Power to Issue orders and declaratory statements,
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disseminate information, and otherwise administer and enforce
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this chapter and all related rules in order exercise its
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discretion to effectuate the purposes, policies, and provisions
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of this chapter the code.
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(2) Consistent with the purposes of the code, The
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to administer this chapter implement the provisions of the code.
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(a)(3) The commission may adopt rules pursuant to ss.
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forms, documents, or fees required by this chapter, which must
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code if such rules reasonably accommodate technological or
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financial hardship. The commission may prescribe by rule
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requirements and provide procedures for obtaining an exemption
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due to a technological or financial hardship.
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(b) Rules adopted to regulate money services businesses,
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including deferred presentment providers, must be responsive to
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changes in economic conditions, technology, and industry
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practices.
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Section 4. Section 560.109, Florida Statutes, is amended to
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read:
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560.109 Examinations and investigations, subpoenas,
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hearings, and witnesses.--
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(1) The office may conduct examinations and make
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investigations or examinations as prescribed in s. 560.118,
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within or outside this state, which it deems necessary in order
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to determine whether a person has violated any provision of this
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chapter and related rules the code, the rules adopted by the
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commission pursuant to the code, or of any practice or conduct
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that creates the likelihood of material loss, insolvency, or
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dissipation of the assets of a money services business or
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otherwise materially prejudices the interests of their customers
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31 C.F.R. ss. 103.20, 103.22, 103.27, 103.28, 103.29, 103.33,
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103.37, 103.41, and 103.125 as they existed on March 31, 2004.
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(1) The office may examine each licensee as often as is
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warranted for the protection of customers and in the public
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interest, but at least once every 5 years. The office shall
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provide at least 15 days' notice to a money services business,
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its authorized agent, or license applicant before conducting an
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examination or investigation. However, the office may conduct an
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examination or investigation of a money services business,
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authorized agent, or affiliated party at any time and without
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advance notice if the office suspects that the money services
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business, authorized agent, or affiliated party has violated or
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is about to violate any provisions of this chapter or any
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criminal laws of this state or of the United States.
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(2) The office may conduct a joint or concurrent
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examination with any state or federal regulatory agency and may
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furnish a copy of all examinations to an appropriate regulator if
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the regulator agrees to abide by the confidentiality provisions
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in chapter 119 and this chapter. The office may also accept an
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examination from any appropriate regulator or, pursuant to s.
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560.1091, from an independent third party that has been approved
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by the office.
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(3) Persons subject to this chapter who are examined or
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investigated shall make available to the office, its examiners,
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or investigators, all books, accounts, documents, files,
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information, assets, and matters that are in their immediate
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possession or control and that relate to the subject of the
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examination or investigation.
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(a) Records not in their immediate possession must be made
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available to the office, or the office's examiners or
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investigators, within 3 days after actual notice is served.
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(b) Upon notice, the office may require that records
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written in a language other than English be accompanied by a
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certified translation at the expense of the licensee.
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(4)(2)(a) In the course of or in connection with any
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examination or an investigation conducted by the office:
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(a) An employee of the office holding the title and
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position of a pursuant to the provisions of subsection (1) or an
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investigation or examination in connection with any application
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to the office for the organization or establishment of a money
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transmitter business, or in connection with an examination or
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investigation of a money transmitter or its authorized vendor,
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the office, or any of its officers holding no lesser title and
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position than financial examiner or analyst, financial
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investigator, or attorney at law, or higher may:
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1. Administer oaths and affirmations.
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2. Take or cause to be taken testimony and depositions.
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(b) The office, or any of its employees officers holding a
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title of no lesser title than attorney, or area financial
444
manager, or higher may issue, revoke, quash, or modify subpoenas
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and subpoenas duces tecum under the seal of the office or cause
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any such subpoena or subpoena duces tecum to be issued by any
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county court judge or clerk of the circuit court or county court
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to require persons to appear before the office at a reasonable
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time and place to be therein named and to bring such books,
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records, and documents for inspection as may be therein
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designated. Such subpoenas may be served by a representative of
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the office or may be served as otherwise provided for by law for
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the service of subpoenas.
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(c) In connection with any such investigation or
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examination, The office may allow permit a person to file a
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statement in writing, under oath, or otherwise as the office
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determines, as to facts and circumstances specified by the
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office.
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(5)(3)(a) If a person does not comply In the event of
460
noncompliance with a subpoena issued or caused to be issued by
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the office pursuant to this section, the office may petition a
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court of competent jurisdiction the circuit court of the county
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in which the person subpoenaed resides or has its principal place
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of business for an order requiring the subpoenaed person to
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appear and testify and to produce such books, records, and
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documents as are specified in the such subpoena duces tecum. The
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office is entitled to the summary procedure provided in s.
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51.011, and the court shall advance the cause on its calendar.
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(a)(b) A copy of the petition shall be served upon the
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person subpoenaed by any person authorized by this section to
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serve subpoenas, who shall make and file with the court an
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affidavit showing the time, place, and date of service.
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(b)(c) At a any hearing on the any such petition, the
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person subpoenaed, or any person whose interests are will be
475
substantially affected by the investigation, examination, or
476
subpoena, may appear and object to the subpoena and to the
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granting of the petition. The court may make any order that
478
justice requires in order to protect a party or other person and
479
her or his personal and property rights, including, but not
480
limited to, protection from annoyance, embarrassment, oppression,
481
or undue burden, or expense.
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(c)(d) Failure to comply with an order granting, in whole
483
or in part, a petition for enforcement of a subpoena is a
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contempt of the court.
485
(6)(4) Witnesses are entitled to the same fees and mileage
486
to which they would be entitled by law for attending as witnesses
487
in the circuit court, except that no fees or mileage is not
488
allowed for the testimony of a person taken at the person's
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principal office or residence.
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(7)(5) Reasonable and necessary costs incurred by the
491
office and payable to third parties in connection persons
492
involved with examinations or investigations may be assessed
493
against any person on the basis of actual costs incurred.
494
Assessable expenses include, but are not limited to,: expenses
495
for: interpreters; certified translations of documents into the
496
English language required by this chapter or related rules;
497
expenses for communications; expenses for legal representation;
498
expenses for economic, legal, or other research, analyses, and
499
testimony; and fees and expenses for witnesses. The failure to
500
reimburse the office is a ground for denial of the registration
501
application or for revocation of any approval thereof. No such
502
Costs may not shall be assessed against a person unless the
503
office has determined that the person has operated or is
504
operating in violation of this chapter the code.
505
(8) The office shall report any violation of law that may
506
be a felony to the appropriate criminal investigatory agency
507
having jurisdiction with respect to such violation.
508
(9) The office shall prepare and submit a report to the
509
President of the Senate and the Speaker of the House of
510
Representatives by January 1 of each year which includes:
511
(a) The total number of examinations and investigations
512
that resulted in a referral to a state or federal agency and the
513
disposition of each of those referrals by agency.
514
(b) The total number of initial referrals received from
515
another state or federal agency, the total number of examinations
516
and investigations opened as a result of referrals, and the
517
disposition of each of those cases.
518
(c) The number of examinations or investigations undertaken
519
by the office which were not the result of a referral from
520
another state agency or a federal agency.
521
(d) The total amount of fines assessed and collected by the
522
office as a result of an examination or investigation of
523
activities regulated under parts II and III of this chapter.
524
Section 5. Section 560.1091, Florida Statutes, is created
525
to read:
526
560.1091 Contracted examinations.--The office may contract
527
with third parties to conduct examinations under this chapter.
528
(1) The person or firm selected by the office must not have
529
a conflict of interest that might affect its ability to
530
independently perform its responsibilities with respect to an
531
examination.
532
(2) The examiner must be an independent certified public
533
accountant or information technologist meeting criteria specified
534
in rule.
535
(3) The licensee subject to the examination must pay to the
536
office the expenses of the examination at rates adopted by
537
commission rule.
538
(a) The rates charged must be consistent with rates charged
539
by other persons in a similar profession and comparable with the
540
rates charged for comparable examinations.
541
(b) Allowable expenses include actual travel expenses, an
542
allowance for reasonable living expenses, compensation of the
543
examiner or other person making the examination, and necessary
544
administrative costs directly related to the examination.
545
Allowances for travel and living expenses are limited to those
546
expenses incurred to conduct the examination.
547
(c) A detailed statement of allowable expenses shall be
548
submitted to the office by the examiner and must be approved by
549
the office prior to being submitted by the office to the licensee
550
for payment.
551
(d) Notwithstanding s. 112.061, an examiner conducting an
552
examination of a licensee may be paid for his or her actual
553
travel expenses, reasonable allowance for living expenses, and
554
compensation in accordance with the statement filed with the
555
office by the contractor under paragraph (c). When not examining
556
a licensee, the travel expenses, per diem, and compensation for
557
examiners shall be paid out of moneys budgeted for such purpose
558
and in accordance with s. 112.061.
559
(4) All moneys collected from a licensee for the expenses
560
of an examination shall be deposited into the Regulatory Trust
561
Fund and used by the office to pay the examiner.
562
(5) The commission shall adopt rules to administer this
563
section.
564
Section 6. Section 560.110, Florida Statutes, is created to
565
read:
566
560.110 Records retention.--Each licensee and its
567
authorized agents must maintain all books, accounts, documents,
568
files, and information necessary for determining compliance with
569
this chapter and related rules for 5 years unless a longer period
570
is required by other state or federal law.
571
(1) The records required under this chapter may be
572
maintained by the licensee at any location identified in its
573
license application or by amendment to the application. The
574
licensee must make such records available to the office for
575
examination and investigation in this state within 3 business
576
days after receipt of a written request.
577
(2) The original of any record of a licensee or authorized
578
agent includes a record stored or transmitted by electronic,
579
computerized, mechanized, or other information storage or
580
retrieval or transmission system or device that can generate,
581
regenerate, or transmit the precise data or other information
582
comprising the record. An original also includes the visible data
583
or other information so generated, regenerated, or transmitted if
584
it is legible or can be made legible by enlargement or other
585
process.
586
(3) The commission may adopt rules to administer this
588
commission shall take into consideration the federal regulations
589
that affect the money services business industry or a deferred
590
payment provider, including any guidance issued by a federal
591
regulatory agency.
592
(4) Any person who willfully fails to comply with this
595
596
Section 7. Section 560.111, Florida Statutes, is amended to
597
read:
598
560.111 Prohibited acts and practices.--
599
(1) A money services business, authorized agent, or
600
affiliated party may not It is unlawful for any money transmitter
601
or money transmitter-affiliated party to:
602
(a) Receive or possess itself of any property except
603
otherwise than in payment of a just demand, and, with intent to
604
deceive or defraud, to omit to make or to cause to be made a full
605
and true entry thereof in its books and accounts, or to concur in
606
omitting to make any material entry thereof.;
607
(b) Embezzle, abstract, or misapply any money, property, or
608
thing of value belonging to the money services business, its
609
authorized agent, or customer of the money transmitter or
610
authorized vendor with intent to deceive or defraud. such money
611
transmitter or authorized vendor;
612
(c) Make any false entry in its books, accounts, reports,
613
files, or documents any book, report, or statement of such money
614
transmitter or authorized vendor with intent to deceive or
615
defraud such money transmitter, authorized vendor, or another
616
person, or with intent to deceive the office, any appropriate
617
regulator other state or federal regulatory agency, or any
618
authorized third party representative appointed by the office to
619
examine or investigate the affairs of the money services business
620
or its authorized agent. such money transmitter or authorized
621
vendor;
622
(d) Engage in an act that violates 18 U.S.C. s. 1956, 18
623
U.S.C. s. 1957, 31 U.S.C. s. 5324, or any other law, rule, or
624
regulation of another state, or of the United States, or any
625
foreign jurisdiction relating to a money services business,
626
deferred presentment provider, the business of money transmission
627
or usury which may cause the denial or revocation of a money
628
services business or deferred presentment provider transmitter
629
license or the equivalent registration in that such
630
jurisdiction.;
631
(e) File with the office, sign as a duly authorized
632
representative, or deliver or disclose, by any means, to the
633
office or any of its employees any examination report, report of
634
condition, report of income and dividends, audit, account,
635
statement, file, or document known by it to be fraudulent or
636
false as to any material matter.; or
637
(f) Place among the assets of a money services business or
638
its authorized agent such money transmitter or authorized vendor
639
any note, obligation, or security that the money services
640
business or its authorized agent transmitter or authorized
641
vendor does not own or is known to be that to the person's
642
knowledge is fraudulent or otherwise worthless, or for any such
643
person to represent to the office that any note, obligation, or
644
security carried as an asset of such money transmitter or
645
authorized vendor is the property of the money services business
646
or its authorized agent transmitter or authorized vendor and is
647
genuine if it is known to be such person that such representation
648
is false or that such note, obligation, or security is fraudulent
649
or otherwise worthless.
650
(2) A It is unlawful for any person may not to knowingly
651
execute, or attempt to execute, a scheme or artifice to defraud a
652
money services business or its authorized agent transmitter or
653
authorized vendor, or to obtain any of the moneys, funds,
654
credits, assets, securities, or other property owned by, or under
655
the custody or control of, a money services business or its
656
authorized agent transmitter or authorized vendor, by means of
657
false or fraudulent pretenses, representations, or promises.
658
(3) Any person who violates any provision of this section
659
commits a felony of the third degree, punishable as provided in
661
(4) Any person who willfully violates any provision of s.
663
of the third degree, punishable as provided in s. 775.082, s.
665
Section 8. Section 560.113, Florida Statutes, is amended to
666
read:
667
560.113 Injunctions; receiverships; restitution.--Whenever
668
a violation of the code is threatened or impending and such
669
violation will cause substantial injury to any person, the
670
circuit court has jurisdiction to hear any complaint filed by the
671
office and, upon proper showing, to issue an injunction
672
restraining such violation or granting other such appropriate
673
relief.
674
(1) If the office determines that any person has engaged in
675
or is about to engage in any action that is a violation of this
676
chapter or related rules, the office may, in addition to or in
677
lieu of other remedies, bring an action on behalf of the state in
678
the circuit court against the person and any other person acting
679
in concert with such person to enjoin such person from engaging
680
in such act. The office may apply for, and on due showing be
681
entitled to have issued, the court's subpoena requiring the
682
appearance of the person and her or his employees, associated
683
persons, or agents and the production of any documents, books, or
684
records that may appear necessary for the hearing of the
685
petition, and to testify or give evidence concerning the acts
686
complained of.
687
(2) In addition to, or in lieu of, the enforcement of a
688
temporary restraining order, temporary injunction, or permanent
689
injunction against the person, the court may, upon application of
690
the office, impound and appoint a receiver or administrator for
691
the property, assets, and business of the defendant, including,
692
but not limited to, any related books, records, documents, or
693
papers. The receiver or administrator shall have all powers and
694
duties conferred by the court as to the custody, collection,
695
administration, winding up, and liquidation of the property and
696
business. The court may issue orders and decrees staying all
697
pending suits and enjoining any further suits affecting the
698
receiver's or administrator's custody or possession of the
699
property, assets, and business or may, with the consent of the
700
presiding judge of the circuit, require that all such suits be
701
assigned to the judge appointing the receiver or administrator.
702
(3) In addition to, or in lieu of, any other remedies
703
provided under this chapter, the office may apply to the court
704
hearing the matter for an order directing the defendant to make
705
restitution of those sums shown by the office to have been
706
obtained in violation of this chapter. Such restitution shall, at
707
the option of the court, be payable to the administrator or
708
receiver appointed under this section or directly to the persons
709
whose assets were obtained in violation of this chapter.
710
Section 9. Section 560.114, Florida Statutes, is amended to
711
read:
712
560.114 Disciplinary actions; penalties.--
713
(1) The following actions by a money services business,
714
authorized agent, or affiliated party transmitter or money
715
transmitter-affiliated party are violations of the code and
716
constitute grounds for the issuance of a cease and desist order,
717
the issuance of a removal order, the denial, of a registration
718
application or the suspension, or revocation of a license any
719
registration previously issued pursuant to the code, or the
720
taking of any other action within the authority of the office
721
pursuant to this chapter the code:
722
(a) Failure to comply with any provision of this chapter or
723
related the code, any rule or order adopted pursuant thereto, or
724
any written agreement entered into with the office.
725
(b) Fraud, misrepresentation, deceit, or gross negligence
726
in any transaction by a involving money services business
727
transmission, regardless of reliance thereon by, or damage to, a
728
money transmitter customer.
729
(c) Fraudulent misrepresentation, circumvention, or
730
concealment of any matter that must required to be stated or
731
furnished to a money transmitter customer pursuant to this
732
chapter the code, regardless of reliance thereon by, or damage
733
to, such customer.
734
(d) False, deceptive, or misleading advertising.
735
(e) Failure to maintain, preserve, and keep available for
736
examination, and produce all books, accounts, files, or other
737
documents required by this chapter or related rules or orders the
738
code, by any rule or order adopted pursuant to the code, by 31
739
C.F.R. ss. 103.20, 103.22, 103.23, 103.27, 103.28, 103.29,
740
103.33, 103.37, 103.41, and 103.125 as they existed on March 31,
741
2004, or by any agreement entered into with the office.
742
(f) Refusing to allow Refusal to permit the examination or
743
inspection of books, accounts, files, or other documents and
744
records in an investigation or examination by the office,
745
pursuant to this chapter the provisions of the code, or to comply
746
with a subpoena issued by the office.
747
(g) Failure to pay a judgment recovered in any court in
748
this state by a claimant in an action arising out of a money
749
transmission transaction within 30 days after the judgment
750
becomes final.
751
(h) Engaging in an act prohibited under or practice
752
proscribed by s. 560.111.
753
(i) Insolvency or operating in an unsafe and unsound
754
manner.
755
(j) Failure by a money services business transmitter to
756
remove an affiliated a money transmitter-affiliated party after
757
the office has issued and served upon the money services business
758
transmitter a final order setting forth a finding that the
759
affiliated money transmitter-affiliated party has violated a any
760
provision of this chapter the code.
761
(k) Making a any material misstatement, or
762
misrepresentation, or ommission or committing any fraud in an
763
initial or renewal application for licensure, any amendment to
764
such application, or application for the appointment of an
765
authorized agent registration.
766
(l) Committing any act that results resulting in a license
767
an application for registration, or a registration or its
768
equivalent, to practice any profession or occupation being
769
denied, suspended, revoked, or otherwise acted against by a
770
licensing registering authority in any jurisdiction or a finding
771
by an appropriate regulatory body of engaging in unlicensed
772
activity as a money transmitter within any jurisdiction.
773
(m) Being the subject of final agency action or its
774
equivalent, issued by an appropriate regulator, for engaging in
775
unlicensed activity as a money services business or deferred
776
presentment provider in any jurisdiction.
777
(n)(m) Committing any act resulting in a license
778
registration or its equivalent, or an application for
779
registration, to practice any profession or occupation being
780
denied, suspended, revoked, or otherwise acted against by a
781
licensing registering authority in any jurisdiction for a
782
violation of 18 U.S.C. s. 1956, 18 U.S.C. s. 1957, 18 U.S.C. s.
783
1960, 31 U.S.C. s. 5324, or any other law or, rule, or regulation
784
of another state or of the United States relating to a money
785
services business, deferred presentment provider, the business of
786
money transmission or usury that which may cause the denial,
787
suspension, or revocation of a money services business or
788
deferred presentment provider transmitter license or its
789
equivalent or registration in such jurisdiction.
790
(o)(n) Having been convicted of or found guilty of, or
791
entered a plea of having pleaded guilty or nolo contendere to,
792
any felony or crime punishable by imprisonment of 1 year or more
793
under the law of any state or of the United States which involves
794
fraud, moral turpitude, or dishonest dealing, regardless of
795
adjudication without regard to whether a judgment of conviction
796
has been entered by the court.
797
(p)(o) Having been convicted of or found guilty of, or
798
entered a plea of having pleaded guilty or nolo contendere to, a
799
crime under 18 U.S.C. s. 1956 or 31 U.S.C. s. 5324, regardless of
800
adjudication without regard to whether a judgment of conviction
801
has been entered by the court.
802
(q)(p) Having been convicted of or found guilty of, or
803
entered a plea of having pleaded guilty or nolo contendere to,
804
misappropriation, conversion, or unlawful withholding of moneys
805
belonging that belong to others, regardless of adjudication and
806
were received in the conduct of the business of the money
807
transmitter.
808
(r)(q) Failure to inform the office in writing within 30 15
809
days after having pled pleading guilty or nolo contendere to, or
810
being convicted or found guilty of, any felony or crime
811
punishable by imprisonment of 1 year or more under the law of any
812
state or of the United States, or of any crime involving fraud,
813
moral turpitude, or dishonest dealing, without regard to whether
814
a judgment of conviction has been entered by the court.
815
(s)(r) Aiding, assisting, procuring, advising, or abetting
816
any person in violating a provision of this chapter code or any
817
order or rule of the office or commission.
818
(t)(s) Failure to timely pay any fee, charge, or cost
819
imposed or assessed fine under this chapter the code.
820
(u) Failing to pay a fine assessed by the office within 30
821
days after the due date as stated in a final order.
822
(v)(t) Failure to pay any judgment entered by any court
823
within 30 days after the judgment becomes final.
824
(u) Engaging or holding oneself out to be engaged in the
825
business of a money transmitter without the proper registration.
826
(v) Any action that would be grounds for denial of a
827
registration or for revocation, suspension, or restriction of a
828
registration previously granted under part III of this chapter.
829
(w) Failure to pay any fee, charge, or fine under the code.
830
(w)(x) Engaging or advertising engagement in the business
831
of a money services business or deferred presentment provider
832
transmitter without a license registration, unless the person is
833
exempted from licensure the registration requirements of the
834
code.
835
(x)(y) Payment to the office for a license or other fee,
836
charge, cost, or fine permit with a check or electronic
837
transmission of funds that is dishonored by the applicant's or
838
licensee's financial institution.
839
(y) Failure by a money services business licensed under
840
part II of this chapter to supervise its authorized agents
842
(z) Violations of 31 C.F.R. ss. 103.20, 103.22, 103.23,
843
103.27, 103.28, 103.29, 103.33, 103.37, 103.41, and 103.125.
844
(aa) Any practice or conduct that creates the likelihood of
845
a material loss, insolvency, or dissipation of assets of a money
846
services business or otherwise materially prejudices the
847
interests of its customers.
848
(2) The office may deny licensure if the applicant or an
849
affiliated party is the subject of a pending criminal prosecution
850
or governmental enforcement action in any jurisdiction until the
851
conclusion of the prosecution or action.
852
(3)(2) The office may issue a cease and desist order or
853
removal order, suspend or revoke a license any previously issued
854
registration, or take any other action within the authority of
855
the office against a licensee money transmitter based on any fact
856
or condition that exists and that, if it had existed or been
857
known to exist at the time of license application the money
858
transmitter applied for registration, would have been grounds for
859
license denial of registration.
860
(4)(3) A Each money services business licensed under part
861
II of this chapter transmitter is responsible for any act of its
862
authorized agents vendors if the money services business
863
transmitter should have known of the act or had if the money
864
transmitter has actual knowledge that such act is a violation of
865
this chapter, the code and the money services business
866
transmitter willfully allowed the such act to continue. Such
867
responsibility is limited to conduct engaged in by the authorized
868
agent vendor pursuant to the authority granted to it by the money
869
services business transmitter.
870
(5)(4) If a license registration granted under this chapter
871
code expires or is surrendered by the licensee registrant during
872
the pendency of an administrative action under this code, the
873
proceeding may continue as if the license is registration were
874
still in effect.
875
(6) The office may, in addition to or in lieu of the
876
denial, suspension, or revocation of a license, impose a fine of
877
up to $10,000 for each violation of this chapter.
878
(7) In addition to any other provision of this chapter, the
879
office may impose a fine of up to $1,000 per day for each day
880
that a person engages in the business of a money services
881
business or deferred presentment provider without being licensed.
882
(8) In imposing any administrative remedy or penalty under
883
this chapter, the office shall take into account the
884
appropriateness of the penalty with respect to the gravity of the
885
violation, the history of previous violations, and other matters
886
as justice may require.
887
Section 10. Section 560.115, Florida Statutes, is amended
888
to read:
889
560.115 Surrender of license registration.--A licensee Any
890
money transmitter registered pursuant to the code may voluntarily
891
surrender its license registration at any time by giving written
892
notice to the office.
893
Section 11. Section 560.116, Florida Statutes, is amended
894
to read:
895
560.116 Civil immunity.--Any person having reason to
896
believe that a provision of this chapter the code is being
897
violated, or has been violated, or is about to be violated, may
898
file a complaint with the office setting forth the details of the
899
alleged violation. Such person is immune An Immunity from civil
900
liability is hereby granted to any person who furnishes such
901
information, unless the information provided is false and has
902
been provided the person providing the information does so with
903
reckless disregard for the truth.
904
Section 12. Section 560.118, Florida Statutes, is amended
905
to read:
906
560.118 Examinations, Reports, and internal audits;
907
penalty.--
908
(1)(a) The office may conduct an examination of a money
909
transmitter or authorized vendor by providing not less than 15
910
days' advance notice to the money transmitter or authorized
911
vendor. However, if the office suspects that the money
912
transmitter or authorized vendor has violated any provisions of
913
this code or any criminal laws of this state or of the United
914
States or is engaging in an unsafe and unsound practice, the
915
office may, at any time without advance notice, conduct an
916
examination of all affairs, activities, transactions, accounts,
917
business records, and assets of any money transmitter or any
918
money transmitter-affiliated party for the protection of the
919
public. For the purpose of examinations, the office may
920
administer oaths and examine a money transmitter or any of its
921
affiliated parties concerning their operations and business
922
activities and affairs. The office may accept an audit or
923
examination from any appropriate regulatory agency or from an
924
independent third party with respect to the operations of a money
925
transmitter or an authorized vendor. The office may also make a
926
joint or concurrent examination with any state or federal
927
regulatory agency. The office may furnish a copy of all
928
examinations made of such money transmitter or authorized vendor
929
to the money transmitter and any appropriate regulatory agency
930
provided that such agency agrees to abide by the confidentiality
931
provisions as set forth in chapter 119.
932
(b) Persons subject to this chapter who are examined shall
933
make available to the office or its examiners the accounts,
934
records, documents, files, information, assets, and matters which
935
are in their immediate possession or control and which relate to
936
the subject of the examination. Those accounts, records,
937
documents, files, information, assets, and matters not in their
938
immediate possession shall be made available to the office or the
939
office's examiners within 10 days after actual notice is served
940
on such persons.
941
(c) The audit of a money transmitter required under this
942
section may be performed by an independent third party that has
943
been approved by the office or by a certified public accountant
944
authorized to do business in the United States. The examination
945
of a money transmitter or authorized vendor required under this
946
section may be performed by an independent third party that has
947
been approved by the office or by a certified public accountant
948
authorized to do business in the United States. The cost of such
949
an independent examination or audit shall be directly borne by
950
the money transmitter or authorized vendor.
951
(2)(a) Annual financial audit reports must that are
952
required to be filed with the office pursuant to this chapter or
953
related rules under the code or any rules adopted thereunder must
954
be audited by an independent third party that has been approved
955
by the office or by a certified public accountant authorized to
956
do business in the United States. The licensee money transmitter
957
or authorized vendor shall directly bear the cost of the audit.
958
This paragraph does not apply to any seller of payment
959
instruments who can prove to the satisfaction of the office that
960
it has a combined total of fewer than 50 employees and authorized
961
vendors or that its annual payment instruments issued from its
962
activities as a payment instrument seller are less than $200,000.
963
(2)(b) Each licensee must submit The commission may, by
964
rule, require each money transmitter or authorized vendor to
965
submit quarterly reports to the office in a format and include
966
information as specified by rule. The rule commission may require
967
the that each report to contain a declaration by an officer, or
968
any other responsible person authorized to make such declaration,
969
that the report is true and correct to the best of her or his
970
knowledge and belief. Such report must include such information
971
as the commission by rule requires for that type of money
972
transmitter.
973
(c) The office may levy an administrative fine of up to
974
$100 per day for each day the report is past due, unless it is
975
excused for good cause. In excusing any such administrative fine,
976
the office may consider the prior payment history of the money
977
transmitter or authorized vendor.
978
(3) Any person who willfully violates this section or fails
979
to comply with any lawful written demand or order of the office
980
made under this section commits a felony of the third degree,
982
Section 13. Section 560.119, Florida Statutes, is
983
transferred, renumbered as section 560.144, Florida Statutes, and
984
amended to read:
985
560.144 560.119 Deposit of fees and assessments.--License
986
The application fees, license registration renewal fees, late
987
payment penalties, civil penalties, administrative fines, and
988
other fees, costs, or penalties provided for in this chapter the
989
code shall, in all cases, be paid directly to the office, which
990
shall deposit such proceeds into the Regulatory Trust Fund, and
991
use the proceeds to pay the costs of the office as necessary to
992
carry out its responsibilities under this chapter. Each year, the
993
Legislature shall appropriate from the trust fund to the office
994
sufficient moneys to pay the office's costs for administration of
995
the code. The Regulatory Trust Fund is subject to the service
996
charge imposed pursuant to chapter 215.
997
Section 14. Section 560.121, Florida Statutes, is amended
998
to read:
999
560.121 Access to records; record retention; penalties
1000
limited restrictions upon public access.--
1001
(1)(a) Orders of courts or of administrative law judges for
1002
the production of confidential records or information must shall
1003
provide for inspection in camera by the court or the
1004
administrative law judge; and, if after the court or
1005
administrative law judge determines has made a determination that
1006
the documents requested are relevant or would likely lead to the
1007
discovery of admissible evidence, said documents shall be subject
1008
to further orders by the court or the administrative law judge
1009
must issue further orders to protect the confidentiality of the
1010
documents thereof. Any order directing the release of information
1011
is shall be immediately reviewable, and a petition by the office
1012
for review of the such order shall automatically stay further
1013
proceedings in the trial court or the administrative hearing
1014
until the disposition of the such petition by the reviewing
1015
court. If any other party files such A petition for review of the
1016
order filed by any other party shall, it will operate as a stay
1017
of the such proceedings only upon order of the reviewing court.
1018
(2)(b) Confidential records and information furnished
1019
pursuant to a legislative subpoena must shall be kept
1020
confidential by the legislative body or committee which receives
1021
the records or information, except in cases a case involving the
1022
investigation of charges against a public official subject to
1023
impeachment or removal, and then disclosure of such information
1024
shall be only to the extent determined to be necessary by the
1025
legislative body or committee to be necessary.
1026
(3)(2) The commission may prescribe by rule the minimum
1027
information that must be shown in the books, accounts, records,
1028
and documents of licensees for purposes of enabling the office to
1029
determine the licensee's compliance with this chapter. In
1030
addition, the commission may prescribe by rule requirements for
1031
the destruction of books, accounts, records, and documents
1032
retained by the licensee after completion of the time period
1033
specified in this subsection. Examination reports, investigatory
1034
records, applications, and related information compiled by the
1035
office, or photographic copies thereof, must shall be retained by
1036
the office for a period of at least 5 3 years after following the
1037
date that the examination or investigation ceases to be active.
1038
Application records, and related information compiled by the
1039
office, or photographic copies thereof, must shall be retained by
1040
the office for a period of at least 5 2 years after following the
1041
date that the license registration ceases to be active.
1042
(3) A copy of any document on file with the office which is
1043
certified by the office as being a true copy may be introduced in
1044
evidence as if it were the original. The commission shall
1045
establish a schedule of fees for preparing true copies of
1046
documents.
1047
(4) Any person who willfully discloses information made
1048
confidential by this section commits a felony of the third
1050
1051
Section 15. Section 560.123, Florida Statutes, is amended
1052
to read:
1053
560.123 Florida Control of Money Laundering in the Money
1054
Services Business Act Transmitters' Code; reports of transactions
1055
involving currency or monetary instruments; when required;
1056
purpose; definitions; penalties; corpus delicti.--
1057
(1) This section may be cited as the "Florida Control of
1058
Money Laundering in Money Services Business Transmitters Act."
1059
(2) It is The purpose of this section is to require the
1060
submission to the office of reports and the maintenance of
1061
certain records of transactions involving currency or payment
1062
monetary instruments in order to which reports and records deter
1063
the use of a money services business money transmitters to
1064
conceal proceeds from criminal activity and to ensure the
1065
availability of such records for are useful in criminal, tax, or
1066
regulatory investigations or proceedings.
1067
(3)(a) A Every money services business must transmitter
1068
shall keep a record of every each financial transaction occurring
1069
in this state known to it that occurs in this state; involves to
1070
involve currency or other payment monetary instrument, as
1071
prescribed the commission prescribes by rule, having of a value
1072
greater than in excess of $10,000; and involves, to involve the
1073
proceeds of specified unlawful activity, or is to be designed to
1074
evade the reporting requirements of this section or chapter 896.
1075
The money services business must and shall maintain appropriate
1076
procedures to ensure compliance with this section and chapter
1077
896.
1078
(a)(b) Multiple financial transactions shall be treated as
1079
a single transaction if the money services business transmitter
1080
has knowledge that they are made by or on behalf of any one
1081
person and result in either cash in or cash out totaling more
1082
than $10,000 during any day.
1083
(b)(c) A Any money services business transmitter may keep a
1084
record of any financial transaction occurring in this state,
1085
regardless of the value, if it suspects that the transaction
1086
involves the proceeds of specified unlawful activity.
1087
(c) The money services business must file a report with the
1088
office of any records required by this subsection, at such time
1089
and containing such information as required by rule. The timely
1090
filing of the report required by 31 U.S.C. s. 5313 with the
1091
appropriate federal agency shall be deemed compliance with the
1092
reporting requirements of this subsection unless the reports are
1093
not regularly and comprehensively transmitted by the federal
1094
agency to the office.
1095
(d) A money services business transmitter, or officer,
1096
employee, or agent thereof, that files a report in good faith
1097
pursuant to this section is not liable to any person for loss or
1098
damage caused in whole or in part by the making, filing, or
1099
governmental use of the report, or any information contained
1100
therein.
1101
(4)(3) A money services business transmitters must comply
1102
with adhere to the money laundering, enforcement, and reporting
1103
provisions of s. 655.50, relating to reports of transactions
1104
involving currency transactions and payment monetary instruments,
1105
and of chapter 896, concerning offenses relating to financial
1106
transactions.
1107
(5)(4) In enforcing this section, the commission and office
1108
shall acknowledge and take into consideration the requirements of
1109
Title 31, United States Code, in order both to reduce the burden
1110
of fulfilling duplicate requirements and to acknowledge the
1111
economic advantage of having similar reporting and recordkeeping
1112
requirements between state and federal regulatory authorities.
1113
(5)(a) Each money transmitter must file a report with the
1114
office of the record required by this section. Each record filed
1115
pursuant to this section must be filed at such time and contain
1116
such information as the commission requires by rule.
1117
(b) The timely filing of the report required by 31 U.S.C.
1118
s. 5313, with the appropriate federal agency is deemed compliance
1119
with the reporting requirements of this subsection unless the
1120
reports are not regularly and comprehensively transmitted by the
1121
federal agency to the office.
1122
(6) The office must retain a copy of all reports received
1123
under subsection (3) (5) for a minimum of 5 3 calendar years
1124
after receipt of the report. However, if a report or information
1125
contained in a report is known by the office to be the subject of
1126
an existing criminal proceeding, the report must be retained for
1127
a minimum of 10 calendar years after from the date of receipt.
1128
(7) In addition to any other powers conferred upon the
1129
office to enforce and administer this chapter the code, the
1130
office may:
1131
(a) Bring an action in any court of competent jurisdiction
1132
to enforce or administer this section. In such action, the office
1133
may seek award of any civil penalty authorized by law and any
1134
other appropriate relief at law or equity.
1135
(b) Issue and serve upon a person an order requiring the
1136
such person to cease and desist and take corrective action if
1137
whenever the office finds that the such person is violating, has
1138
violated, or is about to violate any provision of this section or
1139
chapter 896; any rule or order adopted under this section or
1140
chapter 896; or any written agreement related to this section or
1141
chapter 896 which is entered into with the office.
1142
(c) Issue and serve upon a person an order suspending or
1143
revoking the such person's money services business license if
1144
transmitter registration whenever the office finds that the such
1145
person is violating, has violated, or is about to violate any
1146
provision of this section or chapter 896; any rule or order
1147
adopted under this section or chapter 896; or any written
1148
agreement related to this section or chapter 896 which is entered
1149
into with the office.
1150
(d) Issue and serve upon any person an order of removal
1151
whenever the office finds that the such person is violating, has
1152
violated, or is about to violate any provision of this section or
1153
chapter 896; any rule or order adopted under this section or
1154
chapter 896; or any written agreement related to this section or
1155
chapter 896 which is entered into with the office.
1156
(e) Impose and collect an administrative fine against any
1157
person found to have violated any provision of this section or
1158
chapter 896; any rule or order adopted under this section or
1159
chapter 896; or any written agreement related to this section or
1160
chapter 896 which is entered into with the office, of up to in an
1161
amount not exceeding $10,000 per a day for each willful violation
1162
or $500 per a day for each negligent violation.
1163
(8)(a) Except as provided in paragraph (b), a person who
1164
willfully violates any provision of this section commits a
1165
misdemeanor of the first degree, punishable as provided in s.
1167
(b) A person who willfully violates any provision of this
1168
section, if the violation involves:
1169
1. Currency or payment instruments exceeding $300 but less
1170
than $20,000 in any 12-month period, commits a felony of the
1172
or s. 775.084.
1173
2. Currency or payment instruments totaling or exceeding
1174
$20,000 but less than $100,000 in any 12-month period, commits a
1175
felony of the second degree, punishable as provided in s.
1177
3. Currency or payment instruments totaling or exceeding
1178
$100,000 in any 12-month period, commits a felony of the first
1180
1181
(c) In addition to the penalties otherwise authorized by s.
1183
convicted of, or entered a plea of who has pleaded guilty or nolo
1184
contendere, regardless of adjudication, to having violated
1185
paragraph (b) may be sentenced to pay a fine of up to not
1186
exceeding $250,000 or twice the value of the currency or payment
1187
instruments, whichever is greater, except that on a second or
1188
subsequent conviction for or plea of guilty or nolo contendere,
1189
regardless of adjudication, to a violation of paragraph (b), the
1190
fine may be up to $500,000 or quintuple the value of the currency
1191
or payment instruments, whichever is greater.
1192
(d) A person who violates this section is also liable for a
1193
civil penalty of not more than the greater of the value of the
1194
currency or payment instruments involved or $25,000.
1195
(9) In any prosecution brought pursuant to this section,
1196
the common law corpus delicti rule does not apply. The
1197
defendant's confession or admission is admissible during trial
1198
without the state having to prove the corpus delicti if the court
1199
finds in a hearing conducted outside the presence of the jury
1200
that the defendant's confession or admission is trustworthy.
1201
Before the court admits the defendant's confession or admission,
1202
the state must prove by a preponderance of the evidence that
1203
there is sufficient corroborating evidence that tends to
1204
establish the trustworthiness of the statement by the defendant.
1205
Hearsay evidence is admissible during the presentation of
1206
evidence at the hearing. In making its determination, the court
1207
may consider all relevant corroborating evidence, including the
1208
defendant's statements.
1209
Section 16. Section 560.1235, Florida Statutes, is created
1210
to read:
1211
560.1235 Money laundering requirements.--
1212
(1) A licensee must comply with all state and federal laws
1213
and rules relating to the detection and prevention of money
1214
laundering, including, as applicable, s. 560.123, and 31 C.F.R.
1215
ss. 103.20, 103.22, 103.23, 103.27. 103.28, 103.29, 103.33,
1216
103.37, and 103.41.
1217
(2) A licensee must maintain an anti-money laundering
1218
program in accordance with 31 C.F.R. s. 103.25. The program must
1219
be reviewed and updated as necessary to ensure that the program
1220
continues to be effective in detecting and deterring money
1221
laundering activities.
1222
Section 17. Section 560.124, Florida Statutes, is amended
1223
to read:
1224
560.124 Sharing of information.--
1225
(1) It is not unlawful for Any person may to provide
1226
information to a money services business, its transmitter,
1227
authorized agent, law enforcement agency, prosecutorial agency
1228
vendor, or appropriate regulator, or for any money services
1229
business, its transmitter, authorized agent, law enforcement
1230
agency, prosecutorial agency vendor, or appropriate regulator may
1231
to provide information to any person, information about any other
1232
person's known or suspected involvement in a violation of any
1233
state, federal, or foreign law, rule, or regulation relating to
1234
the business of a money services business or deferred present
1235
provider transmitter which has been reported to state, federal,
1236
or foreign authorities, and is not.
1237
(2) No person shall be liable in any civil action for
1238
providing such information.
1239
Section 18. Section 560.125, Florida Statutes, is amended
1240
to read:
1241
560.125 Unlicensed activity Money transmitter business by
1242
unauthorized persons; penalties.--
1243
(1) A person other than a registered money transmitter or
1244
authorized vendor may not engage in the business of a money
1245
services business or deferred presentment provider transmitter in
1246
this state unless the person is licensed or exempted from
1247
licensure under this chapter from the registration requirements
1248
of the code.
1249
(2) Only a money services business licensed under part II
1250
of this chapter may appoint an authorized agent. No person shall
1251
act as a vendor of a money transmitter when such money
1252
transmitter is subject to registration under the code but has not
1253
registered. Any such person acting as the agent of an unlicensed
1254
money transmitter or payment instrument issuer becomes the
1255
principal thereof, and no longer merely acts as an agent a
1256
vendor, and such person is liable to the holder or remitter as a
1257
principal money transmitter or payment instrument seller.
1258
(3) Any person whose substantial interests are affected by
1259
a proceeding brought by the office pursuant to this chapter the
1260
code may, pursuant to s. 560.113, petition any court of competent
1261
jurisdiction to enjoin the person or activity that is the subject
1262
of the proceeding from violating any of the provisions of this
1263
section. For the purpose of this subsection, any money services
1264
business licensed under this chapter transmitter registered
1265
pursuant to the code, any person residing in this state, and any
1266
person whose principal place of business is in this state are
1267
presumed to be substantially affected. In addition, the interests
1268
of a trade organization or association are deemed substantially
1269
affected if the interests of any of its members are so affected.
1270
(4) The office may issue and serve upon any person who
1271
violates any of the provisions of this section a complaint
1272
seeking a cease and desist order or impose an administrative fine
1273
as provided in s. 560.114 in accordance with the procedures and
1274
in the manner prescribed by s. 560.112. The office may also
1275
impose an administrative fine pursuant to s. 560.117(3) against
1276
any person who violates any of the provisions of this section.
1277
(5) A person who violates this section, if the violation
1278
involves:
1279
(a) Currency or payment instruments exceeding $300 but less
1280
than $20,000 in any 12-month period, commits a felony of the
1282
or s. 775.084.
1283
(b) Currency or payment instruments totaling or exceeding
1284
$20,000 but less than $100,000 in any 12-month period, commits a
1285
felony of the second degree, punishable as provided in s.
1287
(c) Currency or payment instruments totaling or exceeding
1288
$100,000 in any 12-month period, commits a felony of the first
1290
1291
(6) In addition to the penalties authorized by s. 775.082,
1293
entered a plea of found guilty of or who has pleaded guilty or
1294
nolo contendere, to having violated this section may be sentenced
1295
to pay a fine of up to not exceeding $250,000 or twice the value
1296
of the currency or payment instruments, whichever is greater,
1297
except that on a second or subsequent violation of this section,
1298
the fine may be up to $500,000 or quintuple the value of the
1299
currency or payment instruments, whichever is greater.
1300
(7) A person who violates this section is also liable for a
1301
civil penalty of not more than the value of the currency or
1302
payment instruments involved or $25,000, whichever is greater.
1303
(8) In any prosecution brought pursuant to this section,
1304
the common law corpus delicti rule does not apply. The
1305
defendant's confession or admission is admissible during trial
1306
without the state having to prove the corpus delicti if the court
1307
finds in a hearing conducted outside the presence of the jury
1308
that the defendant's confession or admission is trustworthy.
1309
Before the court admits the defendant's confession or admission,
1310
the state must prove by a preponderance of the evidence that
1311
there is sufficient corroborating evidence that tends to
1312
establish the trustworthiness of the statement by the defendant.
1313
Hearsay evidence is admissible during the presentation of
1314
evidence at the hearing. In making its determination, the court
1315
may consider all relevant corroborating evidence, including the
1316
defendant's statements.
1317
Section 19. Section 560.126, Florida Statutes, is amended
1318
to read:
1319
560.126 Significant events; notice Required notice by
1320
licensee.--
1321
(1) A licensee Unless exempted by the office, every money
1322
transmitter must provide the office with a written notice sent by
1323
registered mail within 30 days after the occurrence or knowledge
1324
of, whichever period of time is greater, any of the following
1325
events:
1326
(a) The filing of a petition under the United States
1327
Bankruptcy Code for bankruptcy or reorganization by the licensee
1328
money transmitter.
1329
(b) The commencement of an administrative or judicial
1330
license any registration suspension or revocation proceeding,
1331
either administrative or judicial, or the denial of a license any
1332
original registration request or a registration renewal, by any
1333
state, the District of Columbia, any United States territory, or
1334
any foreign country, in which the licensee money transmitter
1335
operates, or plans to operate, or is licensed or has registered
1336
to operate.
1337
(c) A felony indictment relating to a the money services
1338
transmission business or deferred presentment provider involving
1339
the licensee, its authorized agent, or an affiliated money
1340
transmitter or a money transmitter-affiliated party of the money
1341
transmitter.
1342
(d) The felony conviction, guilty plea, or plea of nolo
1343
contendere, regardless of adjudication, of the licensee, its
1344
authorized agent, or an affiliated if the court adjudicates the
1345
nolo contendere pleader guilty, or the adjudication of guilt of a
1346
money transmitter or money transmitter-affiliated party.
1347
(e) The interruption of any corporate surety bond required
1348
under this chapter by the code.
1349
(f) Any suspected criminal act, as defined by the
1350
commission by rule, perpetrated in this state relating to
1351
activities regulated under this chapter by an affiliated party
1352
against a money services business or its authorized agent
1353
transmitter or authorized vendor.
1354
(g) Notification by a law enforcement or prosecutorial
1355
agency that the licensee or its authorized agent is under
1356
criminal investigation including, but not limited to, subpoenas
1357
to produce records or testimony and warrants issued by a court of
1358
competent jurisdiction which authorize the search and seizure of
1359
any records relating to a business activity regulated under this
1360
chapter.
1361
1362
However, a person does not incur liability as a result of making
1363
a good faith effort to fulfill this disclosure requirement.
1364
(2)(a) A licensee must Each registrant under this code
1365
shall report, on a form adopted prescribed by rule of the
1366
commission, any change in the information contained in an any
1367
initial license application form, or any amendment to such
1368
application, or the appointment of an authorized agent within
1369
thereto not later than 30 days after the change is effective.
1370
(3)(b) Each licensee must registrant under the code shall
1371
report any change changes in the partners, officers, members,
1372
joint venturers, directors, controlling shareholders, or
1373
responsible persons of the licensee any registrant or changes in
1374
the form of business organization by written amendment in such
1375
form and at such time as specified the commission specifies by
1376
rule.
1377
(a)1. If In any case in which a person or a group of
1378
persons, directly or indirectly or acting by or through one or
1379
more persons, proposes to purchase or acquire a controlling
1380
interest in a licensee, such person or group must submit an
1381
initial application for licensure registration as a money
1382
services business or deferred presentment provider transmitter
1383
before such purchase or acquisition at such time and in such form
1384
as prescribed the commission prescribes by rule.
1385
2. As used in this subsection, the term "controlling
1386
interest" means the same as described in s. 560.127 possession of
1387
the power to direct or cause the direction of the management or
1388
policies of a company whether through ownership of securities, by
1389
contract, or otherwise. Any person who directly or indirectly has
1390
the right to vote 25 percent or more of the voting securities of
1391
a company or is entitled to 25 percent or more of its profits is
1392
presumed to possess a controlling interest.
1393
(b)3. The Any addition of a partner, officer, member, joint
1394
venturer, director, controlling shareholder, or responsible
1395
person of the applicant who does not have a controlling interest
1396
and who has not previously complied with the applicable
1398
shall be subject to such provisions unless required to file an
1399
initial application in accordance with subparagraph 1. If the
1400
office determines that the licensee registrant does not continue
1401
to meet the licensure registration requirements, the office may
1402
bring an administrative action in accordance with s. 560.114 to
1403
enforce the provisions of this chapter code.
1404
(c)4. The commission shall adopt rules pursuant to ss.
1406
application required by this subsection if the person or group of
1407
persons proposing to purchase or acquire a controlling interest
1408
in a licensee registrant has previously complied with the
1409
applicable provisions of ss. 560.140 and 560.141 under ss.
1411
licensed registered with the office under this chapter code.
1412
Section 20. Section 560.127, Florida Statutes, is amended
1413
to read:
1414
560.127 Control of a money services business
1415
transmitter.--A person has a controlling interest in control over
1416
a money services business transmitter if the person:
1417
(1) the individual, partnership, corporation, trust, or
1418
other organization possesses the power, directly or indirectly,
1419
to direct the management or policies of the money services
1420
business a company, whether through ownership of securities, by
1421
contract, or otherwise. A person is presumed to have control a
1422
company if the, with respect to a particular company, that
1423
person:
1424
(1)(a) Is a director, general partner, or officer
1425
exercising executive responsibility or having similar status or
1426
functions;
1427
(2)(b) Directly or indirectly may vote 25 percent or more
1428
of a class of a voting security or sell or direct the sale of 25
1429
percent or more of a class of voting securities; or
1430
(3)(c) In the case of a partnership, may receive upon
1431
dissolution or has contributed 25 percent or more of the capital.
1432
(2) The office determines, after notice and opportunity for
1433
hearing, that the person directly or indirectly exercises a
1434
controlling influence over the activities of the money
1435
transmitter.
1436
Section 21. Section 560.128, Florida Statutes, is amended
1437
to read:
1438
560.128 Customer contacts; license display Consumer
1439
disclosure.--
1440
(1) A money services business or its authorized agent must
1441
provide each customer with Every money transmitter and authorized
1442
vendor shall provide each consumer of a money transmitter
1443
transaction a toll-free telephone number for the purpose of
1444
contacting the money services business or its authorized agent
1445
or, consumer contacts; However, in lieu of a such toll-free
1446
telephone number, the money transmitter or authorized vendor may
1447
provide the address and telephone number of the office may be
1448
provided and the Division of Consumer Services of the Department
1449
of Financial Services.
1450
(2) The commission may by rule require a licensee every
1451
money transmitter to display its license registration at each
1452
location, including the location of each person designated by the
1453
registrant as an authorized vendor, where the licensee the money
1454
transmitter engages in the activities authorized by the license
1455
registration.
1456
Section 22. Section 560.129, Florida Statutes, is amended
1457
to read:
1458
560.129 Confidentiality.--
1459
(1)(a) Except as otherwise provided in this section, all
1460
information concerning an investigation or examination conducted
1461
by the office pursuant to this chapter, including any customer
1462
consumer complaint received by the office, the commission, or the
1463
Department of Financial Services, is confidential and exempt from
1464
s. 119.07(1) and s. 24(a), Art. I of the State Constitution until
1465
the investigation or examination ceases to be active. For
1466
purposes of this section, an investigation or examination is
1467
considered "active" so long as the office or any other
1468
administrative, regulatory, or law enforcement agency of any
1469
jurisdiction is proceeding with reasonable dispatch and has a
1470
reasonable good faith belief that action may be initiated by the
1471
office or other administrative, regulatory, or law enforcement
1472
agency.
1473
(2)(b) Notwithstanding paragraph (a), All information
1474
obtained by the office in the course of its investigation or
1475
examination which is a trade secret, as defined in s. 688.002, or
1476
which is personal financial information shall remain confidential
1477
and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
1478
Constitution. If any administrative, civil, or criminal
1479
proceeding against a the money services business, its authorized
1480
agent, transmitter or an affiliated a money transmitter-
1481
affiliated party is initiated and the office seeks to use matter
1482
that a licensee registrant believes to be a trade secret or
1483
personal financial information, such records shall be subject to
1484
an in camera review by the administrative law judge, if the
1485
matter is before the Division of Administrative Hearings, or a
1486
judge of any court of this state, any other state, or the United
1487
States, as appropriate, for the purpose of determining if the
1488
matter is a trade secret or is personal financial information. If
1489
it is determined that the matter is a trade secret, the matter
1490
shall remain confidential. If it is determined that the matter is
1491
personal financial information, the matter shall remain
1492
confidential unless the administrative law judge or judge
1493
determines that, in the interests of justice, the matter should
1494
become public.
1495
(3)(c) If an any administrative, civil, or criminal
1496
proceeding against a the money services business, its authorized
1497
agent, transmitter or an affiliated a money transmitter-
1498
affiliated party results in an acquittal or the dismissal of all
1499
of the allegations against the money transmitter or a money
1500
transmitter-affiliated party, upon the request of any party, the
1501
administrative law judge or the judge may order all or a portion
1502
of the record of the proceeding to be sealed, and it shall
1503
thereafter be confidential and exempt from s. 119.07(1) and s.
1504
24(a), Art. I of the State Constitution.
1505
(4)(d) Except as necessary for the office or any other
1506
administrative, regulatory, or law enforcement agency of any
1507
jurisdiction to enforce the provisions of this chapter or the law
1508
of any other state or the United States, a consumer complaint and
1509
other information concerning an investigation or examination
1510
shall remain confidential and exempt from s. 119.07(1) and s.
1511
24(a), Art. I of the State Constitution after the investigation
1512
or examination ceases to be active to the extent that disclosure
1513
would:
1514
(a)1. Jeopardize the integrity of another active
1515
investigation;
1516
(b)2. Reveal personal financial information;
1517
(c)3. Reveal the identity of a confidential source; or
1518
(d)4. Reveal investigative techniques or procedures.
1519
(5)(2) This section does not prevent or restrict:
1520
(a) Furnishing records or information to any appropriate
1521
regulatory, prosecutorial, agency or law enforcement agency if
1522
such agency adheres to the confidentiality provisions of this
1523
chapter the code;
1524
(b) Furnishing records or information to an appropriate
1525
regulator or independent third party or a certified public
1526
accountant who has been approved by the office to conduct an
1528
independent third party or certified public accountant adheres to
1529
the confidentiality provisions of this chapter the code; or
1530
(c) Reporting any suspicious suspected criminal activity,
1531
with supporting documents and information, to appropriate
1532
regulatory, law enforcement, or prosecutorial agencies.
1533
(6)(3) All quarterly reports submitted by a money
1535
are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
1536
I of the State Constitution.
1537
(4) Examination reports, investigatory records,
1538
applications, and related information compiled by the office, or
1539
photographic copies thereof, shall be retained by the office for
1540
a period of at least 3 years following the date that the
1541
examination or investigation ceases to be active. Application
1542
records, and related information compiled by the office, or
1543
photographic copies thereof, shall be retained by the office for
1544
a period of at least 2 years following the date that the
1545
registration ceases to be active.
1546
(7)(5) Any person who willfully discloses information made
1547
confidential by this section commits a felony of the third
1549
Section 23. Section 560.140, Florida Statutes, is created
1550
to read:
1551
560.140 Licensing standards.--To qualify for licensure as a
1552
money services business under this chapter, an applicant must:
1553
(1) Demonstrate to the office the character and general
1554
fitness necessary to command the confidence of the public and
1555
warrant the belief that the money services business or deferred
1556
presentment provider shall be operated lawfully and fairly.
1557
(2) Be legally authorized to do business in this state.
1558
(3) Be registered as a money services business with the
1559
Financial Crimes Enforcement Network as required by 31 C.F.R. s.
1560
103.41, if applicable.
1561
(4) Have an anti-money laundering program in place which
1562
meets the requirements of 31 C.F.R. s. 103.125.
1563
(5) Provide the office with all the information required
1564
under this chapter and related rules.
1565
Section 24. Section 560.141, Florida Statutes, is created
1566
to read:
1567
560.141 License application.--
1568
(1) To apply for a license as a money services business
1569
under this chapter the applicant must:
1570
(a) Submit an application to the office on forms prescribed
1571
by rule which includes the following information:
1572
1. The legal name and address of the applicant, including
1573
any fictitious or trade names used by the applicant in the
1574
conduct of its business.
1575
2. The date of the applicant's formation and the state in
1576
which the applicant was formed, if applicable.
1577
3. The name, social security number, alien identification
1578
or taxpayer identification number, business and residence
1579
addresses, and employment history for the past 5 years for each
1580
officer, director, responsible person, the compliance officer,
1581
each controlling shareholder, any other person who has a
1582
controlling interest in the money services business as provided
1583
in s. 560.127.
1584
4. A description of the organizational structure of the
1585
applicant, including the identity of any parent or subsidiary of
1586
the applicant, and the disclosure of whether any parent or
1587
subsidiary is publicly traded.
1588
5. The applicant's history of operations in other states if
1589
applicable and a description of the money services business or
1590
deferred presentment provider activities proposed to be conducted
1591
by the applicant in this state.
1592
6. If the applicant or its parent is a publicly traded
1593
company, copies of all filings made by the applicant with the
1594
United States Securities and Exchange Commission, or with a
1595
similar regulator in a country other than the United States,
1596
within the preceding year.
1597
7. The location at which the applicant proposes to
1598
establish its principal place of business and any other location,
1599
including branch offices and authorized agents operating in this
1600
state. For each branch office identified and each authorized
1601
agent appointed, the applicant shall include the nonrefundable
1602
fee required by s. 560.143.
1603
8. The name and address of the clearing financial
1604
institution or financial institutions through which the
1605
applicant's payment instruments are drawn or through which the
1606
payment instruments are payable.
1607
8. The history of the applicant's material litigation,
1608
criminal convictions, pleas of nolo contendere, and cases of
1609
adjudication withheld.
1610
9. The history of material litigation, arrests, criminal
1611
convictions, pleas of nolo contendere, and cases of adjudication
1612
withheld for each executive officer, director, controlling
1613
shareholder, and responsible person.
1614
10. The name of the registered agent in this state for
1615
service of process unless the applicant is a sole proprietor.
1616
11. Any other information specified in this chapter or by
1617
rule.
1618
(b) In addition to the application form, submit:
1619
1. A nonrefundable application fee as provided in s.
1620
560.143.
1621
2. A fingerprint card for each of the persons listed in
1622
subparagraph (a)3. unless the applicant is a publicly traded
1623
corporation, or is exempted from this chapter under s.
1624
560.104(1). The fingerprints must be taken by an authorized law
1625
enforcement agency. The office shall submit the fingerprints to
1626
the Department of Law Enforcement for state processing and the
1627
Department of Law Enforcement shall forward the fingerprints to
1628
the Federal Bureau of Investigations for federal processing. The
1629
cost of the fingerprint processing may be borne by the office,
1630
the employer, or the person subject to the criminal records
1631
background check. The office shall screen the background results
1632
to determine if the applicant meets licensure requirements. As
1633
used in this section, the term "publicly traded" means a stock is
1634
currently traded on a national securities exchange registered
1635
with the federal Securities and Exchange Commission or traded on
1636
an exchange in a country other than the United States regulated
1637
by a regulator equivalent to the Securities and Exchange
1638
Commission and the disclosure and reporting requirements of such
1639
regulator are substantially similar to those of the commission.
1640
3. A copy of the applicant's written anti-money laundering
1641
program required under 31 C.F.R. s. 103.125.
1642
4. Within the time allotted by rule, any information needed
1643
to resolve any deficiencies found in the application.
1644
(2) If the office determines that the applicant meets the
1645
qualifications and requirements of this chapter, the office shall
1646
issue a license to the applicant. A license may not be issued for
1647
more than 2 years.
1648
(a) A license issued under part II of this chapter shall
1649
expire on April 30 of the second year following the date of
1650
issuance of the license unless during such period the license is
1651
surrendered, suspended, or revoked.
1652
(b) A license issued under part III of this chapter shall
1653
expire on December 31 of the second year following the date of
1654
issuance of the license unless during such period the license is
1655
surrendered, suspended, or revoked.
1656
Section 25. Section 560.142, Florida Statutes, is created
1657
to read:
1658
560.142 License renewal.--
1659
(1) A license may be renewed for a subsequent 2-year period
1660
by furnishing such application as required by rule, together with
1661
the payment of a nonrefundable renewal fee as provided under s.
1662
560.143, on or before the license expiration date, or for the
1663
remainder of any such period without proration following the date
1664
of license expiration.
1665
(2) In addition to the renewal fee, each part II licensee
1666
must pay a 2-year nonrefundable renewal fee as provided in s.
1667
560.143 for each authorized agent or location operating within
1668
this state.
1669
(3) A licensee who has on file with the office a
1670
declaration of intent to engage in deferred presentment
1671
transactions may renew a declaration upon license renewal by
1672
submitting a nonrefundable deferred presentment provider renewal
1673
fee as provided in s. 560.143.
1674
(4) If a license or declaration of intent to engage in
1675
deferred presentment transactions expires, the license or
1676
declaration of intent may be reinstated only if a renewal
1677
application or declaration of intent, all required renewal fees,
1678
and any applicable late fees are received by the office within 60
1679
days after expiration. If not submitted within 60 days, the
1680
license or declaration on intent expires and a new license
1681
application or declaration of intent must be filed with the
1682
office pursuant to this chapter.
1683
(5) The commission may adopt rules to administer this
1684
section.
1685
Section 26. Section 560.143, Florida Statutes, is created
1686
to read:
1687
560.143 Fees.--
1688
(1) LICENSE APPLICATION FEES.--The applicable non-
1689
refundable fees must accompany an application for licensure:
1690
(a) Under part II $500.
1691
(b) Part III $250.
1692
(c) Per branch office $50.
1693
(d) For each appointment of an authorized agent $50.
1694
(e) Declaration as a deferred presentment provider $1,000.
1695
(f) Fingerprint fees as prescribed by rule.
1696
(2) LICENSE RENEWAL FEES.--The applicable non-refundable
1697
license renewal fees must accompany a renewal of licensure:
1698
(a) Part II 1,000.
1699
(b) Part III $500.
1700
(c) Per branch office $50.
1701
(d) For each appointment of an authorized agents $50.
1702
(e) Declaration as a deferred presentment provider $1,000.
1703
(f) Renewal fees for branch offices and authorized agents
1704
are limited to $20,000 biennially.
1705
(3) LATE LICENSE RENEWAL FEES.--
1706
(a) Part II $500.
1707
(b) Part III $250.
1708
(c) Declaration as a deferred presentment provider $500.
1709
Section 27. Section 560.203, Florida Statutes, is amended
1710
to read:
1711
560.203 Exemptions from licensure.--Authorized agents
1712
vendors of a licensee registrant acting within the scope of
1713
authority conferred by the licensee are registrant shall be
1714
exempt from licensure but are having to register pursuant to the
1715
code but shall otherwise be subject to the its provisions of this
1716
chapter.
1717
Section 28. Section 560.204, Florida Statutes, is amended
1718
to read:
1719
560.204 License required Requirement of registration.--
1720
(1) Unless exempted, a No person may not shall engage in
1721
for consideration, or nor in any manner advertise that they
1722
engage, in, the selling or issuing of payment instruments or in
1723
the activity of a money funds transmitter, for compensation,
1724
without first obtaining a license registration under the
1725
provisions of this part. For purposes of this section,
1726
"compensation" includes profit or loss on the exchange of
1727
currency.
1728
(2) A licensee under this part person registered pursuant
1729
to this part is permitted to engage in the activities authorized
1730
by this part. A person registered pursuant to this part may also
1731
engage in the activities authorized under part III of this
1732
chapter without the imposition of any additional licensing fees
1733
and is exempt from the registration fee required by s. 560.307.
1734
Section 29. Section 560.205, Florida Statutes, is amended
1735
to read:
1736
560.205 Additional license application requirements
1737
Qualifications of applicant for registration; contents.--In
1738
addition to the license application requirements under part I of
1739
this chapter, an applicant seeking a license under this part must
1740
also submit to the office:
1741
(1) A sample authorized agent contract, if applicable.
1742
(2) A sample form of payment instrument, if applicable.
1743
(3) Documents demonstrating that the net worth and bonding
1744
requirements specified in s. 560.209 have been fulfilled.
1745
(4) A copy of the applicant's financial audit report for
1746
the most recent fiscal year.
1747
(1) To qualify for registration under this part, an
1748
applicant must demonstrate to the office such character and
1749
general fitness as to command the confidence of the public and
1750
warrant the belief that the registered business will be operated
1751
lawfully and fairly. The office may investigate each applicant to
1752
ascertain whether the qualifications and requirements prescribed
1753
by this part have been met. The office's investigation may
1754
include a criminal background investigation of all controlling
1755
shareholders, principals, officers, directors, members, and
1756
responsible persons of a funds transmitter and a payment
1757
instrument seller and all persons designated by a funds
1758
transmitter or payment instrument seller as an authorized vendor.
1759
Each controlling shareholder, principal, officer, director,
1760
member, and responsible person of a funds transmitter or payment
1761
instrument seller, unless the applicant is a publicly traded
1762
corporation as defined by the commission by rule, a subsidiary
1763
thereof, or a subsidiary of a bank or bank holding company
1764
organized and regulated under the laws of any state or the United
1765
States, shall file a complete set of fingerprints. A fingerprint
1766
card submitted to the office must be taken by an authorized law
1767
enforcement agency. The office shall submit the fingerprints to
1768
the Department of Law Enforcement for state processing, and the
1769
Department of Law Enforcement shall forward the fingerprints to
1770
the Federal Bureau of Investigation for state and federal
1771
processing. The cost of the fingerprint processing may be borne
1772
by the office, the employer, or the person subject to the
1773
background check. The Department of Law Enforcement shall submit
1774
an invoice to the office for the fingerprints received each
1775
month. The office shall screen the background results to
1776
determine if the applicant meets licensure requirements. The
1777
commission may waive by rule the requirement that applicants file
1778
a set of fingerprints or the requirement that such fingerprints
1779
be processed by the Department of Law Enforcement or the Federal
1780
Bureau of Investigation.
1781
(2) Each application for registration must be submitted
1782
under oath to the office on such forms as the commission
1783
prescribes by rule and must be accompanied by a nonrefundable
1784
application fee. Such fee may not exceed $500 for each payment
1785
instrument seller or funds transmitter and $50 for each
1786
authorized vendor or location operating within this state. The
1787
application must contain such information as the commission
1788
requires by rule, including, but not limited to:
1789
(a) The name and address of the applicant, including any
1790
fictitious or trade names used by the applicant in the conduct of
1791
its business.
1792
(b) The history of the applicant's material litigation,
1793
criminal convictions, pleas of nolo contendere, and cases of
1794
adjudication withheld.
1795
(c) A description of the activities conducted by the
1796
applicant, the applicant's history of operations, and the
1797
business activities in which the applicant seeks to engage in
1798
this state.
1799
(d) A sample authorized vendor contract, if applicable.
1800
(e) A sample form of payment instrument, if applicable.
1801
(f) The name and address of the clearing financial
1802
institution or financial institutions through which the
1803
applicant's payment instruments will be drawn or through which
1804
such payment instruments will be payable.
1805
(g) Documents revealing that the net worth and bonding
1806
requirements specified in s. 560.209 have been or will be
1807
fulfilled.
1808
(3) Each application for registration by an applicant that
1809
is a corporation shall contain such information as the commission
1810
requires by rule, including, but not limited to:
1811
(a) The date of the applicant's incorporation and state of
1812
incorporation.
1813
(b) A certificate of good standing from the state or
1814
country in which the applicant was incorporated.
1815
(c) A description of the corporate structure of the
1816
applicant, including the identity of any parent or subsidiary of
1817
the applicant, and the disclosure of whether any parent or
1818
subsidiary is publicly traded on any stock exchange.
1819
(d) The name, social security number, business and
1820
residence addresses, and employment history for the past 5 years
1821
for each executive officer, each director, each controlling
1822
shareholder, and the responsible person who will be in charge of
1823
all the applicant's business activities in this state.
1824
(e) The history of material litigation and criminal
1825
convictions, pleas of nolo contendere, and cases of adjudication
1826
withheld for each officer, each director, each controlling
1827
shareholder, and the responsible person who will be in charge of
1828
the applicant's registered activities.
1829
(f) Copies of the applicant's audited financial statements
1830
for the current year and, if available, for the immediately
1831
preceding 2-year period. In cases where the applicant is a wholly
1832
owned subsidiary of another corporation, the parent's
1833
consolidated audited financial statements may be submitted to
1834
satisfy this requirement. An applicant who is not required to
1835
file audited financial statements may satisfy this requirement by
1836
filing unaudited financial statements verified under penalty of
1837
perjury, as provided by the commission by rule.
1838
(g) An applicant who is not required to file audited
1839
financial statements may file copies of the applicant's
1840
unconsolidated, unaudited financial statements for the current
1841
year and, if available, for the immediately preceding 2-year
1842
period.
1843
(h) If the applicant is a publicly traded company, copies
1844
of all filings made by the applicant with the United States
1845
Securities and Exchange Commission, or with a similar regulator
1846
in a country other than the United States, within the year
1847
preceding the date of filing of the application.
1848
(4) Each application for registration submitted to the
1849
office by an applicant that is not a corporation shall contain
1850
such information as the commission requires by rule, including,
1851
but not limited to:
1852
(a) Evidence that the applicant is registered to do
1853
business in this state.
1854
(b) The name, business and residence addresses, personal
1855
financial statement and employment history for the past 5 years
1856
for each individual having a controlling ownership interest in
1857
the applicant, and each responsible person who will be in charge
1858
of the applicant's registered activities.
1859
(c) The history of material litigation and criminal
1860
convictions, pleas of nolo contendere, and cases of adjudication
1861
withheld for each individual having a controlling ownership
1862
interest in the applicant and each responsible person who will be
1863
in charge of the applicant's registered activities.
1864
(d) Copies of the applicant's audited financial statements
1865
for the current year, and, if available, for the preceding 2
1866
years. An applicant who is not required to file audited financial
1867
statements may satisfy this requirement by filing unaudited
1868
financial statements verified under penalty of perjury, as
1869
provided by the commission by rule.
1870
(5) Each applicant shall designate and maintain an agent in
1871
this state for service of process.
1872
Section 30. Effective January 1, 2009, section 560.208,
1873
Florida Statutes, is amended to read:
1874
560.208 Conduct of business.--In addition to the
1875
requirements specified in s. 560.140, a licensee under this part:
1876
(1) A registrant May conduct its business at one or more
1877
locations within this state through branches or by means of
1878
authorized agents vendors, as designated by the licensee and
1879
approved by the office registrant, including the conduct of
1880
business through electronic transfer, such as by the telephone or
1881
the Internet.
1882
(2) Notwithstanding and without violating s. 501.0117, a
1883
registrant may charge a different price for a money transmitter
1884
funds transmission service based on the mode of transmission used
1885
in the transaction as, so long as the price charged for a service
1886
paid for with a credit card is not more greater than the price
1887
charged when the that service is paid for with currency or other
1888
similar means accepted within the same mode of transmission.
1889
(3) Is responsible for the acts of its authorized agents
1890
within the scope of its written contract with the agent.
1891
(4) Shall place assets that are the property of a customer
1892
in a segregated account in a federally insured financial
1893
institution and shall maintain separate accounts for operating
1894
capital and the clearing of customer funds.
1895
(5) Shall, in the normal course of business, ensure that
1896
money transmitted is available to the designated recipient within
1897
10 business days after receipt.
1898
(6) Shall immediately upon receipt of currency or payment
1899
instrument provide a confirmation number to the customer
1900
verbally, by paper, or electronically.
1901
(2) Within 60 days after the date a registrant either opens
1902
a location within this state or authorizes an authorized vendor
1903
to operate on the registrant's behalf within this state, the
1904
registrant shall notify the office on a form prescribed by the
1905
commission by rule. The notification shall be accompanied by a
1906
nonrefundable $50 fee for each authorized vendor or location.
1907
Each notification shall also be accompanied by a financial
1908
statement demonstrating compliance with s. 560.209(1), unless
1909
compliance has been demonstrated by a financial statement filed
1910
with the registrant's quarterly report in compliance with s.
1911
560.118(2). The financial statement must be dated within 90 days
1912
of the date of designation of the authorized vendor or location.
1913
This subsection shall not apply to any authorized vendor or
1914
location that has been designated by the registrant before
1915
October 1, 2001.
1916
(3) Within 60 days after the date a registrant closes a
1917
location within this state or withdraws authorization for an
1918
authorized vendor to operate on the registrant's behalf within
1919
this state, the registrant shall notify the office on a form
1920
prescribed by the commission by rule.
1921
Section 31. Effective January 1, 2009, section 560.2085,
1922
Florida Statutes, is created to read:
1923
560.2085 Authorized agents.--A licensee under this part
1924
shall:
1925
(1) Before an authorized agent commences business on behalf
1926
of a licensee, file with the office such information as
1927
prescribed by rule together with the nonrefundable appointment
1928
fee as provided by s. 560.143, for any person whom the licensee
1929
seeks to appoint as an authorized agent.
1930
(2) Enter into a written contract, signed by the licensee
1931
and the authorized agent, which:
1932
(a) Sets forth the nature and scope of the relationship
1933
between the licensee and the authorized agent, including the
1934
respective rights and responsibilities of the parties; and
1935
(b) Includes contract provisions that require the
1936
authorized agent to:
1937
1. Report to the licensee, immediately upon discovery, the
1938
theft or loss of currency received for a transmission or payment
1939
instrument;
1940
2. Display a notice to the public, in such form as
1941
prescribed by rule, that the agent is the authorized agent of the
1942
licensee;
1943
3. Remit all amounts owed to the licensee for all
1944
transmissions accepted and all payment instruments sold in
1945
accordance with the contract between the licensee and the
1946
authorized agent;
1947
4. Hold in trust, in favor of the licensee, all money
1948
received for all transmissions accepted or payment instruments
1949
sold from the time of receipt by the authorized agent until the
1950
time the money is forwarded to the licensee;
1951
5. Not commingle the money received for transmissions
1952
accepted or payment instruments sold on behalf of the licensee
1953
with the money or property of the authorized agent, except for
1954
making change in the ordinary course of the agent's business, and
1955
ensure that the money is accounted for at the end of the business
1956
day;
1957
6. Consent to examination or investigation by the office;
1958
7. Adhere to the applicable state and federal laws and
1959
rules pertaining to a money services business; and
1960
8. Provide such other information or disclosure as may be
1961
required by rule.
1962
(3) Develop and implement written internal audit policies
1963
and procedures to monitor compliance with applicable state and
1964
federal law by its authorized agents.
1965
(4) Hold in trust all currency or payment instruments
1966
received for transmissions or for the purchase of payment
1967
instruments from the time of receipt by the licensee or
1968
authorized agent until the time the transmission obligation is
1969
completed.
1970
Section 32. Section 560.209, Florida Statutes, is amended
1971
to read:
1972
560.209 Adjusted net worth; corporate surety bond;
1973
collateral deposit in lieu of bond.--
1974
(1) A licensee must Any person engaging in a registered
1975
activity shall have an adjusted a net worth of at least $100,000
1976
computed according to generally accepted accounting principles. A
1977
licensee operating in Applicants proposing to conduct registered
1978
activities at more than one location must shall have an
1979
additional adjusted net worth of $10,000 $50,000 per location in
1980
this state, up as applicable, to a maximum of $2 million
1981
$500,000. The required adjusted net worth must be maintained at
1982
all times.
1983
(2) A licensee must obtain an annual financial audit
1984
report, which must be submitted to the office within 120 days
1985
after the end of the licensee's fiscal year end, as disclosed to
1986
the office.
1987
(3)(2) Before the office may issue a license under this
1988
part registration, the applicant must provide to the office a
1989
corporate surety bond, issued by a bonding company or insurance
1990
company authorized to do business in this state.
1991
(a) The corporate surety bond shall be in an such amount as
1992
specified may be determined by commission rule, but may shall not
1993
be less than $50,000 or exceed $2 million $250,000. The rule
1994
shall provide allowances for the financial condition, number of
1995
locations, and anticipated volume of the licensee. However, the
1996
commission and office may consider extraordinary circumstances,
1997
such as the registrant's financial condition, the number of
1998
locations, and the existing or anticipated volume of outstanding
1999
payment instruments or funds transmitted, and require an
2000
additional amount above $250,000, up to $500,000.
2001
(b) The corporate surety bond must shall be in a form
2002
satisfactory to the office and shall run to the state for the
2003
benefit of any claimants in this state against the applicant or
2004
its authorized agents vendors to secure the faithful performance
2005
of the obligations of the applicant and its agents authorized
2006
vendors with respect to the receipt, handling, transmission, and
2007
payment of funds. The aggregate liability of the corporate surety
2008
bond may not in no event shall exceed the principal sum of the
2009
bond. Such Claimants against the applicant or its authorized
2010
agent vendors may themselves bring suit directly on the corporate
2011
surety bond, or the Department of Legal Affairs may bring suit
2012
thereon on behalf of the such claimants, in either one action or
2013
in successive actions.
2014
(c) The A corporate surety bond filed with the office for
2015
purposes of compliance with this section may not be canceled by
2016
either the licensee registrant or the corporate surety except
2017
upon written notice to the office by registered or certified mail
2018
with return receipt requested. A cancellation may shall not take
2019
effect until less than 30 days after receipt by the office of the
2020
such written notice.
2021
(d) The corporate surety must, within 10 days after it pays
2022
any claim to any claimant, give written notice to the office by
2023
registered or certified mail of such payment with details
2024
sufficient to identify the claimant and the claim or judgment so
2025
paid.
2026
(e) If Whenever the principal sum of the such bond is
2027
reduced by one or more recoveries or payments, the licensee
2028
registrant must furnish a new or additional bond so that the
2029
total or aggregate principal sum of the such bond equals the sum
2030
required pursuant to paragraph (a) by the commission.
2031
Alternatively, a licensee registrant may furnish an endorsement
2032
executed by the corporate surety reinstating the bond to the
2033
required principal sum thereof.
2034
(4)(3) In lieu of a such corporate surety bond, or of any
2035
portion of the principal sum thereof required by this section,
2036
the applicant may deposit collateral cash, securities, or
2037
alternative security devices as provided by rule approved by the
2038
commission, with a any federally insured financial institution.
2039
(a) Acceptable collateral deposit items in lieu of a bond
2040
include cash and interest-bearing stocks and bonds, notes,
2041
debentures, or other obligations of the United States or any
2042
agency or instrumentality thereof, or guaranteed by the United
2043
States, or of this state.
2044
(b) The collateral deposit must be in an aggregate amount,
2045
based upon principal amount or market value, whichever is lower,
2046
of at least not less than the amount of the required corporate
2047
surety bond or portion thereof.
2048
(c) Collateral deposits must made under this subsection
2049
shall be pledged to the office and held by the insured financial
2050
institution to secure the same obligations as would the corporate
2051
surety bond, but the depositor is entitled to receive any all
2052
interest and dividends thereon and may, with the approval of the
2053
office, substitute other securities or deposits for those
2054
deposited. The principal amount of the deposit shall be released
2055
only on written authorization of the office or on the order of a
2056
court of competent jurisdiction.
2057
(5)(4) A licensee registrant must at all times have and
2058
maintain the bond or collateral deposit in the required amount
2059
prescribed by the commission. If the office at any time
2060
reasonably determines that the bond or elements of the collateral
2061
deposit are insecure, deficient in amount, or exhausted in whole
2062
or in part, the office may, by written order, require the filing
2063
of a new or supplemental bond or the deposit of new or additional
2064
collateral deposit items.
2065
(6)(5) The bond and collateral deposit shall remain in
2066
place for 5 years after the licensee registrant ceases licensed
2067
registered operations in this state. The office may allow permit
2068
the bond or collateral deposit to be reduced or eliminated prior
2069
to that time to the extent that the amount of the licensee's
2070
registrant's outstanding payment instruments or money funds
2071
transmitted in this state are reduced. The office may also allow
2072
a licensee permit a registrant to substitute a letter of credit
2073
or such other form of acceptable security for the bond or
2074
collateral deposit at the time the licensee registrant ceases
2075
licensed money transmission operations in this state.
2076
(6) The office may waive or reduce a registrant's net worth
2077
or bond or collateral deposit requirement. Such waiver or
2078
modification must be requested by the applicant or registrant,
2079
and may be granted upon a showing by the applicant or registrant
2080
to the satisfaction of the office that:
2081
(a) The existing net worth, bond, or collateral deposit
2082
requirement is sufficiently in excess of the registrant's highest
2083
potential level of outstanding payment instruments or money
2084
transmissions in this state;
2085
(b) The direct and indirect cost of meeting the net worth,
2086
bond, or collateral deposit requirement will restrict the ability
2087
of the money transmitter to effectively serve the needs of its
2088
customers and the public; or
2089
(c) The direct and indirect cost of meeting the net worth,
2090
bond, or collateral requirement will not only have a negative
2091
impact on the money transmitter but will severely hinder the
2092
ability of the money transmitter to participate in and promote
2093
the economic progress and welfare of this state or the United
2094
States.
2095
Section 33. Section 560.210, Florida Statutes, is amended
2096
to read:
2097
560.210 Permissible investments.--
2098
(1) A licensee must registrant shall at all times possess
2099
permissible investments with an aggregate market value,
2100
calculated in accordance with United States generally accepted
2101
accounting principles, of at least not less than the aggregate
2102
face amount of all outstanding money funds transmissions and
2103
payment instruments issued or sold by the licensee registrant or
2104
an authorized agent vendor in the United States. As used in this
2105
section,
2106
(2) Acceptable permissible investments include:
2107
(a) Cash.
2108
(b) Certificates of deposit or other deposit liabilities of
2109
a domestic or foreign financial institution, either domestic or
2110
foreign.
2111
(c) Bankers' acceptances eligible for purchase by member
2112
banks of the Federal Reserve System.
2113
(d) An investment bearing a rating of one of the three
2114
highest grades as defined by a nationally recognized rating
2115
service of such securities.
2116
(e) Investment securities that are obligations of the
2117
United States, its agencies or instrumentalities, or obligations
2118
that are guaranteed fully as to principal and interest by the
2119
United States, or any obligations of any state or municipality,
2120
or any political subdivision thereof.
2121
(f) Shares in a money market mutual fund.
2122
(g) A demand borrowing agreement or agreements made to a
2123
corporation or a subsidiary of a corporation whose capital stock
2124
is listed on a national exchange.
2125
(h) Receivables that are due to a licensee registrant from
2126
the licensee's registrant's authorized agent vendors except those
2127
that are more than 90 30 days past due or are doubtful of
2128
collection.
2129
(i) Any other investment approved by rule the commission.
2130
(2)(3) Notwithstanding any other provision of this part,
2131
the office, with respect to any particular licensee registrant or
2132
all licensees registrants, may limit the extent to which any
2133
class of permissible investments may be considered a permissible
2134
investment, except for cash and certificates of deposit.
2135
(3)(4) The office may waive the permissible investments
2136
requirement if the dollar value of a licensee's registrant's
2137
outstanding payment instruments and money funds transmitted do
2138
not exceed the bond or collateral deposit posted by the licensee
2139
registrant under s. 560.209.
2140
Section 34. Section 560.211, Florida Statutes, is amended
2141
to read:
2142
560.211 Required records.--
2143
(1) In addition to the record retention requirements under
2144
s. 560.110, each licensee under this part Each registrant must
2145
make, keep, and preserve the following books, accounts, records,
2146
and documents other records for 5 a period of 3 years:
2147
(a) A daily record or records of payment instruments sold
2148
and money funds transmitted.
2149
(b) A general ledger containing all asset, liability,
2150
capital, income, and expense accounts, which general ledger shall
2151
be posted at least monthly.
2152
(c) Daily settlement sheets received from authorized agents
2153
vendors.
2154
(d) Monthly financial institution statements and
2155
reconciliation records.
2156
(e) Records of outstanding payment instruments and money
2157
funds transmitted.
2158
(f) Records of each payment instrument paid and money funds
2159
transmission delivered within the 3-year period.
2160
(g) A list of the names and addresses of all of the
2161
licensee's registrant's authorized agents vendors, as well as
2162
copies of each authorized vendor contract.
2163
(h) Records that document the establishment, monitoring,
2164
and termination of relationships with authorized agents and
2165
foreign affiliates.
2166
(i) Any additional records, as prescribed by rule, designed
2167
to detect and prevent money laundering.
2168
(2) The records required to be maintained by the code may
2169
be maintained by the registrant at any location if the registrant
2170
notifies the office in writing of the location of the records in
2171
its application or otherwise by amendment as prescribed by
2172
commission rule. The registrant shall make such records available
2173
to the office for examination and investigation in this state, as
2174
permitted by the code, within 7 days after receipt of a written
2175
request.
2176
(3) Registrants and authorized vendors need not preserve or
2177
retain any of the records required by this section or copies
2178
thereof for a period longer than 3 years unless a longer period
2179
is expressly required by the laws of this state or federal law. A
2180
registrant or authorized vendor may destroy any of its records or
2181
copies thereof after the expiration of the retention period
2182
required by this section.
2183
(4) The original of any record of a registrant or
2184
authorized vendor includes the data or other information
2185
comprising a record stored or transmitted in or by means of any
2186
electronic, computerized, mechanized, or other information
2187
storage or retrieval or transmission system or device which can
2188
upon request generate, regenerate, or transmit the precise data
2189
or other information comprising the record; and an original also
2190
includes the visible data or other information so generated,
2191
regenerated, or transmitted if it is legible or can be made
2192
legible by enlargement or other process.
2193
(2)(5) Any person who willfully fails to comply with this
2194
section commits a felony of the third degree, punishable as
2196
Section 35. Section 560.212, Florida Statutes, is amended
2197
to read:
2198
560.212 Financial liability.--A licensee Each registrant
2199
under this part is liable for the payment of all money funds
2200
transmitted and payment instruments that it sells, in whatever
2201
form and whether directly or through an authorized agent vendor,
2202
as the maker, drawer, or principal thereof, regardless of whether
2203
such item is negotiable or nonnegotiable.
2204
Section 36. Section 560.213, Florida Statutes, is amended
2205
to read:
2206
560.213 Payment instrument information.--Each payment
2207
instrument sold or issued by a licensee registrant, directly or
2208
through an authorized agent vendor, must shall bear the name of
2209
the licensee, and any other information as may be required by
2210
rule, registrant clearly imprinted thereon.
2211
Section 37. Section 560.303, Florida Statutes, is amended
2212
to read:
2213
560.303 License required Requirement of registration.--
2214
(1) A No person may not shall engage in, or in any manner
2215
advertise engagement in, the business of cashing payment
2216
instruments or the exchanging of foreign currency without being
2217
licensed first registering under the provisions of this part.
2218
(2) A person licensed under registered pursuant to this
2219
part may not engage in the activities authorized by this part. A
2220
person registered under this part is prohibited from engaging
2221
directly in the activities that require a license under are
2222
authorized under a registration issued pursuant to part II of
2223
this chapter, but may be such person is not prohibited from
2224
engaging in an authorized agent for vendor relationship with a
2225
person licensed registered under part II.
2226
(3) A person exempt from licensure under registration
2227
pursuant to this part engaging in the business of cashing payment
2228
instruments or the exchanging of foreign currency may shall not
2229
charge fees in excess of those provided in s. 560.309.
2230
Section 38. Section 560.304, Florida Statutes, is amended
2231
to read:
2232
560.304 Exemption from licensure Exceptions to
2233
registration.--The requirement for licensure under provisions of
2234
this part does do not apply to a person, at a location, cashing
2235
payment instruments that have an aggregate face value of less
2236
than $2,000 per person per day.:
2237
(1) Authorized vendors of any person registered pursuant to
2238
the provisions of the code, acting within the scope of authority
2239
conferred by the registrant.
2240
(2) Persons engaged in the cashing of payment instruments
2241
or the exchanging of foreign currency which is incidental to the
2242
retail sale of goods or services whose compensation for cashing
2243
payment instruments or exchanging foreign currency at each site
2244
does not exceed 5 percent of the total gross income from the
2245
retail sale of goods or services by such person during its most
2246
recently completed fiscal year.
2247
Section 39. Section 560.309, Florida Statutes, is amended
2248
to read:
2249
560.309 Conduct of business Rules.--
2250
(1) A licensee may transact business under this part only
2251
under the legal name under which the person is licensed. The use
2252
of a fictitious name is allowed if the fictitious name has been
2253
registered with the Department of State and disclosed to the
2254
office as part of an initial license application, or subsequent
2255
amendment to the application, prior to its use. Before a
2256
registrant shall deposit, with any financial institution, a
2257
payment instrument that is cashed by a registrant, each such item
2258
must be endorsed with the actual name under which such registrant
2259
is doing business.
2260
(2) At the time a licensee accepts a payment instrument
2261
that is cashed by the licensee, the payment instrument must be
2262
endorsed using the legal name under which the licensee is
2263
licensed. Registrants must comply with all the laws of this state
2264
and any federal laws relating to money laundering, including, as
2265
applicable, the provisions of s. 560.123.
2266
(3) A licensee under this part must deposit or sell payment
2267
instruments within 5 business days after the acceptance of the
2268
payment instrument.
2269
(4) A licensee may not accept or cash multiple payment
2270
instruments from a person who is not the original payee, unless
2271
the person is licensed to cash payment instruments pursuant to
2272
this part and all payment instruments accepted are endorsed with
2273
the legal name of the person.
2274
(5) A licensee must report all suspicious activity to the
2275
office in accordance with the criteria set forth in 31 C.F.R. s.
2276
103.20. In lieu of filing such reports, the commission may
2277
prescribe by rule that the licensee may file such reports with an
2278
appropriate regulator.
2279
(6)(3) The commission may by rule require a every check
2280
casher to display its license registration and post a notice
2281
listing containing its charges for cashing payment instruments.
2282
(7)(4) Exclusive of the direct costs of verification which
2283
shall be established by commission rule, a no check casher may
2284
not shall:
2285
(a) Charge fees, except as otherwise provided by this part,
2286
in excess of 5 percent of the face amount of the payment
2287
instrument, or 6 percent without the provision of identification,
2288
or $5, whichever is greater;
2289
(b) Charge fees in excess of 3 percent of the face amount
2290
of the payment instrument, or 4 percent without the provision of
2291
identification, or $5, whichever is greater, if such payment
2292
instrument is the payment of any kind of state public assistance
2293
or federal social security benefit payable to the bearer of the
2294
such payment instrument; or
2295
(c) Charge fees for personal checks or money orders in
2296
excess of 10 percent of the face amount of those payment
2297
instruments, or $5, whichever is greater.
2298
(d) As used in this subsection, "identification" means, and
2299
is limited to, an unexpired and otherwise valid driver license, a
2300
state identification card issued by any state of the United
2301
States or its territories or the District of Columbia, and
2302
showing a photograph and signature, a United States Government
2303
Resident Alien Identification Card, a United States passport, or
2304
a United States Military identification card.
2305
(8) A licensee cashing payment instruments may not assess
2306
the cost of collections, other than fees for insufficient funds
2307
as provided by law, without a judgment from a court of competent
2308
jurisdiction.
2309
(9) If a check is returned to a licensee from a payor
2310
financial institution due to lack of funds, a closed account, or
2311
a stop-payment order, the licensee may seek collection pursuant
2312
to s. 68.065. In seeking collection, the licensee must comply
2313
with the prohibitions against harassment or abuse, false or
2314
misleading representations, and unfair practices in the Fair Debt
2315
Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, and 1692f.
2316
A violation of this subsection is a deceptive and unfair trade
2317
practice and constitutes a violation of the Deceptive and Unfair
2318
Trade Practices Act under part II of chapter 501. In addition, a
2319
licensee must comply with the applicable provisions of the
2320
Consumer Collection Practices Act under part VI of chapter 559,
2321
including s. 559.77.
2322
Section 40. Section 560.310, Florida Statutes, is amended
2323
to read:
2324
560.310 Records of check cashers and foreign currency
2325
exchangers.--
2326
(1) In addition to the record retention requirements
2327
specified in s. 560.110, a person engaged in check cashing must
2328
maintain the following:
2329
(a) Customer files, as prescribed by rule, on all customers
2330
who cash corporate or third-party payment instruments exceeding
2331
$1,000.
2332
(b) For any payment instrument accepted having a face value
2333
of $1,000 or more:
2334
1. A copy of the personal identification that bears a
2335
photograph of the customer used as identification and presented
2336
by the customer. Acceptable personal identification is limited to
2337
a valid driver's license; a state identification card issued by
2338
any state of the United States or its territories or the District
2339
of Columbia, and showing a photograph and signature; a United
2340
States Government Resident Alien Identification Card; a passport;
2341
or a United States Military identification card.
2342
2. A thumbprint of the customer taken by the licensee.
2343
(c) A payment instrument log that must be maintained
2344
electronically as prescribed by rule. For purposes of this
2345
paragraph, multiple payment instruments accepted from any one
2346
person on any given day which total $1,000 or more must be
2347
aggregated and reported on the log. Each registrant must maintain
2348
all books, accounts, records, and documents necessary to
2349
determine the registrant's compliance with the provisions of the
2350
code. Such books, accounts, records, and documents shall be
2351
retained for a period of at least 3 years.
2352
(2) A licensee under this part may engage the services of a
2353
third party that is not a depository institution for the
2354
maintenance and storage of records required by this section if
2355
all the requirements of this section are met. The records
2356
required to be maintained by the code may be maintained by the
2357
registrant at any location if the registrant notifies the office,
2358
in writing, of the location of the records in its application or
2359
otherwise by amendment as prescribed by commission rule. The
2360
registrant shall make such records available to the office for
2361
examination and investigation in this state, as permitted by the
2362
code, within 7 days after receipt of a written request.
2363
(3) Registrants and authorized vendors need not preserve or
2364
retain any of the records required by this section or copies
2365
thereof for a period longer than 3 years unless a longer period
2366
is expressly required by the laws of this state or any federal
2367
law. A registrant or authorized vendor may destroy any of its
2368
records or copies thereof after the expiration of the retention
2369
period required by this section.
2370
(4) The original of any record of a registrant or
2371
authorized vendor includes the data or other information
2372
comprising a record stored or transmitted in or by means of any
2373
electronic, computerized, mechanized, or other information
2374
storage or retrieval or transmission system or device which can
2375
upon request generate, regenerate, or transmit the precise data
2376
or other information comprising the record; and an original also
2377
includes the visible data or other information so generated,
2378
regenerated, or transmitted if it is legible or can be made
2379
legible by enlargement or other process.
2380
(5) Any person who willfully violates this section or fails
2381
to comply with any lawful written demand or order of the office
2382
made pursuant to this section commits a felony of the third
2384
2385
Section 41. Section 560.402, Florida Statutes, is amended
2386
to read:
2387
560.402 Definitions.--In addition to the definitions
2389
otherwise clearly indicated by the context, For the purposes of
2390
this part, the term:
2391
(1) "Affiliate" means a person who, directly or indirectly,
2392
through one or more intermediaries controls, or is controlled by,
2393
or is under common control with, a deferred presentment provider.
2394
(2) "Business day" means the hours during a particular day
2395
during which a deferred presentment provider customarily conducts
2396
business, not to exceed 15 consecutive hours during that day.
2397
(3) "Days" means calendar days.
2398
(2)(4) "Deferment period" means the number of days a
2399
deferred presentment provider agrees to defer depositing, or
2400
presenting, or redeeming a payment instrument.
2401
(5) "Deferred presentment provider" means a person who
2402
engages in a deferred presentment transaction and is registered
2403
under part II or part III of the code and has filed a declaration
2404
of intent with the office.
2405
(3)(6) "Deferred presentment transaction" means providing
2406
currency or a payment instrument in exchange for a drawer's
2407
person's check and agreeing to hold the that person's check for a
2408
deferment period of time prior to presentment, deposit, or
2409
redemption.
2410
(4)(7) "Drawer" means a customer any person who writes a
2411
personal check and upon whose account the check is drawn.
2412
(5) "Extension of a deferred presentment agreement" means
2413
continuing a deferred presentment transaction past the deferment
2414
period by having the drawer pay additional fees and the deferred
2415
presentment provider continuing to hold the check for another
2416
deferment period.
2417
(6)(8) "Rollover" means the termination or extension of a
2418
an existing deferred presentment agreement by the payment of an
2419
any additional fee and the continued holding of the check, or the
2420
substitution of a new check drawn by the drawer pursuant to a new
2421
deferred presentment agreement.
2422
(9) "Fee" means the fee authorized for the deferral of the
2423
presentation of a check pursuant to this part.
2424
(7)(10) "Termination of a an existing deferred presentment
2425
agreement" means that the check that is the basis for the an
2426
agreement is redeemed by the drawer by payment in full in cash,
2427
or is deposited and the deferred presentment provider has
2428
evidence that such check has cleared. A Verification of
2429
sufficient funds in the drawer's account by the deferred
2430
presentment provider is shall not be sufficient evidence to deem
2431
that the existing deferred deposit transaction is to be
2432
terminated.
2433
(11) "Extension of an existing deferred presentment
2434
agreement" means that a deferred presentment transaction is
2435
continued by the drawer paying any additional fees and the
2436
deferred presentment provider continues to hold the check for
2437
another period of time prior to deposit, presentment, or
2438
redemption.
2439
Section 42. Section 560.403, Florida Statutes, is amended
2440
to read:
2441
560.403 Requirements of registration; Declaration of
2442
intent.--
2443
(1) Except for financial institutions as defined in s.
2444
655.005 No person, Unless otherwise exempt from this chapter, a
2445
person may not shall engage in a deferred presentment transaction
2446
unless the person is licensed as a money services business
2447
registered under the provisions of part II or part III of this
2448
chapter and has on file with the office a declaration of intent
2449
to engage in deferred presentment transactions, regardless of
2450
whether such person is exempted from licensure under any other
2451
provision of this chapter. The declaration of intent must shall
2452
be under oath and on such form as prescribed the commission
2453
prescribes by rule. The declaration of intent must shall be filed
2454
together with a nonrefundable filing fee as provided in s.
2455
560.143 of $1,000. Any person who is registered under part II or
2456
part III on the effective date of this act and intends to engage
2457
in deferred presentment transactions shall have 60 days after the
2458
effective date of this act to file a declaration of intent. A
2459
declaration of intent expires after 24 months and must be
2460
renewed.
2461
(2) A registrant under this part shall renew his or her
2462
intent to engage in the business of deferred presentment
2463
transactions or to act as a deferred presentment provider upon
2464
renewing his or her registration under part II or part III and
2465
shall do so by indicating his or her intent by submitting a
2466
nonrefundable deferred presentment provider renewal fee of
2467
$1,000, in addition to any fees required for renewal of
2468
registration under part II or part III.
2469
(3) A registrant under this part who fails to timely renew
2470
his or her intent to engage in the business of deferred
2471
presentment transactions or to act as a deferred presentment
2472
provider shall immediately cease to engage in the business of
2473
deferred presentment transactions or to act as a deferred
2474
presentment provider.
2475
(4) The notice of intent of a registrant under this part
2476
who fails to timely renew his or her intent to engage in the
2477
business of deferred presentment transactions or to act as a
2478
deferred presentment provider on or before the expiration date of
2479
the registration period automatically expires. A renewal fee and
2480
a nonrefundable late fee of $500 must be filed within 60 calendar
2481
days after the expiration of an existing registration in order
2482
for the declaration of intent to be reinstated. The office shall
2483
grant a reinstatement of registration if an application is filed
2484
during the 60-day period, and the reinstatement is effective upon
2485
receipt of the required fees and any information that the
2486
commission requires by rule. If the registrant has not filed a
2487
reinstatement of a renewal declaration of intent within 60
2488
calendar days after the expiration date of an existing
2489
registration, the notice of intent expires and a new declaration
2490
of intent must be filed with the office.
2491
(5) No person, other than a financial institution as
2492
defined in s. 655.005, shall be exempt from registration and
2493
declaration if such person engages in deferred presentment
2494
transactions, regardless of whether such person is currently
2495
exempt from registration under any provision of this code.
2496
Section 43. Section 560.404, Florida Statutes, is amended
2497
to read:
2498
560.404 Requirements for deferred presentment
2499
transactions.--
2500
(1) Each Every deferred presentment transaction must shall
2501
be documented in a written agreement signed by both the deferred
2502
presentment provider and the drawer.
2503
(2) The deferred presentment transaction agreement must
2504
shall be executed on the day the deferred presentment provider
2505
furnishes currency or a payment instrument to the drawer.
2506
(3) Each written agreement must shall contain the following
2507
information, in addition to any information required the
2508
commission requires by rule, contain the following information:
2509
(a) The name or trade name, address, and telephone number
2510
of the deferred presentment provider and the name and title of
2511
the person who signs the agreement on behalf of the deferred
2512
presentment provider.
2513
(b) The date the deferred presentment transaction is was
2514
made.
2515
(c) The amount of the drawer's check.
2516
(d) The length of the deferment deferral period.
2517
(e) The last day of the deferment period.
2518
(f) The address and telephone number of the office and the
2519
Division of Consumer Services of the Department of Financial
2520
Services.
2521
(g) A clear description of the drawer's payment obligations
2522
under the deferred presentment transaction.
2523
(h) The transaction number assigned by the office's
2524
database.
2525
(4) The Every deferred presentment provider must shall
2526
furnish to the drawer a copy of the deferred presentment
2527
transaction agreement to the drawer.
2528
(5) The face amount of a check taken for deferred
2529
presentment may not exceed $500 exclusive of the fees allowed
2530
under by this part.
2531
(6) A No deferred presentment provider or its affiliate may
2532
not shall charge fees that exceed in excess of 10 percent of the
2533
currency or payment instrument provided. However, a verification
2534
fee may be charged as provided in s. 560.309(7) in accordance
2535
with s. 560.309(4) and the rules adopted pursuant to the code.
2536
The 10-percent fee may not be applied to the verification fee. A
2537
deferred presentment provider may charge only those fees
2538
specifically authorized in this section.
2539
(7) The fees authorized by this section may not be
2540
collected before the drawer's check is presented or redeemed.
2541
(8) A No deferred presentment agreement may not shall be
2542
for a term longer than in excess of 31 days or less than 7 days.
2543
(9) A No deferred presentment provider may not shall
2544
require a drawer person to provide any additional security for
2545
the deferred presentment transaction or any extension or require
2546
the drawer a person to provide any additional guaranty from
2547
another person.
2548
(10) A deferred presentment provider may shall not include
2549
any of the following provisions in a deferred provider any
2550
written agreement:
2551
(a) A hold harmless clause.;
2552
(b) A confession of judgment clause.;
2553
(c) Any assignment of or order for payment of wages or
2554
other compensation for services.;
2555
(d) A provision in which the drawer agrees not to assert
2556
any claim or defense arising out of the agreement.; or
2557
(e) A waiver of any provision of this part.
2558
(11) A Each deferred presentment provider shall immediately
2559
provide the drawer with the full amount of any check to be held,
2560
less only the fees allowed permitted under this section.
2561
(12) The deferred presentment agreement and the drawer's
2562
check must shall bear the same date, and the number of days of
2563
the deferment period shall be calculated from that this date. The
2564
No deferred presentment provider and the drawer or person may not
2565
alter or delete the date on any written agreement or check held
2566
by the deferred presentment provider.
2567
(13) For each deferred presentment transaction, the
2568
deferred presentment provider must comply with the disclosure
2569
requirements of 12 C.F.R., part 226, relating to the federal
2570
Truth-in-Lending Act, and Regulation Z of the Board of Governors
2571
of the Federal Reserve Board. A copy of the disclosure must be
2572
provided to the drawer at the time the deferred presentment
2573
transaction is initiated.
2574
(14) A No deferred presentment provider or its affiliate
2575
may not accept or hold an undated check or a check dated on a
2576
date other than the date on which the deferred presentment
2577
provider agreed to hold the check and signed the deferred
2578
presentment transaction agreement.
2579
(15) A Every deferred presentment provider must shall hold
2580
the drawer's check for the agreed number of days, unless the
2581
drawer chooses to redeem the check before the agreed presentment
2582
date.
2583
(16) Proceeds in a deferred presentment transaction may be
2584
made to the drawer in the form of the deferred presentment
2585
provider's payment instrument if the deferred presentment
2586
provider is registered under part II; however, an no additional
2587
fee may not be charged by a deferred presentment provider or its
2588
affiliate for issuing or cashing the deferred presentment
2589
provider's payment instrument.
2590
(17) A No deferred presentment provider may not require the
2591
drawer to accept its payment instrument in lieu of currency.
2592
(18) A No deferred presentment provider or its affiliate
2593
may not engage in the rollover of a any deferred presentment
2594
agreement. A deferred presentment provider may shall not redeem,
2595
extend, or otherwise consolidate a deferred presentment agreement
2596
with the proceeds of another deferred presentment transaction
2597
made by the same or an affiliate affiliated deferred presentment
2598
provider.
2599
(19) A deferred presentment provider may not enter into a
2600
deferred presentment transaction with a drawer person who has an
2601
outstanding deferred presentment transaction with that provider
2602
or with any other deferred presentment provider, or with a person
2603
whose previous deferred presentment transaction with that
2604
provider or with any other provider has been terminated for less
2605
than 24 hours. The deferred presentment provider must verify such
2606
information as follows:
2607
(a) The deferred presentment provider shall maintain a
2608
common database and shall verify whether the that deferred
2609
presentment provider or an affiliate has an outstanding deferred
2610
presentment transaction with a particular person or has
2611
terminated a transaction with that person within the previous 24
2612
hours.
2613
(b) The deferred presentment provider shall access the
2614
office's database established pursuant to subsection (23) and
2615
shall verify whether any other deferred presentment provider has
2616
an outstanding deferred presentment transaction with a particular
2617
person or has terminated a transaction with that person within
2618
the previous 24 hours. If a provider has not established Prior to
2619
the time that the office has implemented such a database, the
2620
deferred presentment provider may rely upon the written
2621
verification of the drawer as provided in subsection (20).
2622
(20) A deferred presentment provider shall provide the
2623
following notice in a prominent place on each deferred
2624
presentment agreement in at least 14-point type in substantially
2625
the following form and must obtain the signature of the drawer
2626
where indicated:
2627
2628
NOTICE
2629
2630
1. STATE LAW PROHIBITS YOU FROM HAVING MORE THAN ONE DEFERRED
2631
PRESENTMENT AGREEMENT AT ANY ONE TIME. STATE LAW ALSO PROHIBITS
2632
YOU FROM ENTERING INTO A DEFERRED PRESENTMENT AGREEMENT WITHIN 24
2633
HOURS AFTER OF TERMINATING ANY PREVIOUS DEFERRED PRESENTMENT
2634
AGREEMENT. FAILURE TO OBEY THIS LAW COULD CREATE SEVERE FINANCIAL
2635
HARDSHIP FOR YOU AND YOUR FAMILY.
2636
2637
YOU MUST SIGN THE FOLLOWING STATEMENT:
2638
2639
I DO NOT HAVE AN OUTSTANDING DEFERRED PRESENTMENT AGREEMENT WITH
2640
ANY DEFERRED PRESENTMENT PROVIDER AT THIS TIME. I HAVE NOT
2641
TERMINATED A DEFERRED PRESENTMENT AGREEMENT WITHIN THE PAST 24
2642
HOURS.
2643
2644
(Signature of Drawer)
2645
2646
2. YOU CANNOT BE PROSECUTED IN CRIMINAL COURT FOR A CHECK
2647
WRITTEN UNDER THIS AGREEMENT, BUT ALL LEGALLY AVAILABLE CIVIL
2648
MEANS TO ENFORCE THE DEBT MAY BE PURSUED AGAINST YOU.
2649
2650
3. STATE LAW PROHIBITS A DEFERRED PRESENTMENT PROVIDER (THIS
2651
BUSINESS) FROM ALLOWING YOU TO "ROLL OVER" YOUR DEFERRED
2652
PRESENTMENT TRANSACTION. THIS MEANS THAT YOU CANNOT BE ASKED OR
2653
REQUIRED TO PAY AN ADDITIONAL FEE IN ORDER TO FURTHER DELAY THE
2654
DEPOSIT OR PRESENTMENT OF YOUR CHECK FOR PAYMENT. IF YOU INFORM
2655
THE PROVIDER IN PERSON THAT YOU CANNOT COVER THE CHECK OR PAY IN
2656
FULL THE AMOUNT OWING AT THE END OF THE TERM OF THIS AGREEMENT,
2657
YOU WILL RECEIVE A GRACE PERIOD EXTENDING THE TERM OF THE
2658
AGREEMENT FOR AN ADDITIONAL 60 DAYS AFTER THE ORIGINAL
2659
TERMINATION DATE, WITHOUT ANY ADDITIONAL CHARGE. THE DEFERRED
2660
PRESENTMENT PROVIDER SHALL REQUIRE THAT YOU, AS A CONDITION OF
2661
OBTAINING THE GRACE PERIOD, COMPLETE CONSUMER CREDIT COUNSELING
2662
PROVIDED BY AN AGENCY INCLUDED ON THE LIST THAT WILL BE PROVIDED
2663
TO YOU BY THIS PROVIDER. YOU MAY ALSO AGREE TO COMPLY WITH AND
2664
ADHERE TO A REPAYMENT PLAN APPROVED BY THAT AGENCY. IF YOU DO NOT
2665
COMPLY WITH AND ADHERE TO A REPAYMENT PLAN APPROVED BY THAT
2666
AGENCY, WE MAY DEPOSIT OR PRESENT YOUR CHECK FOR PAYMENT AND
2667
PURSUE ALL LEGALLY AVAILABLE CIVIL MEANS TO ENFORCE THE DEBT AT
2668
THE END OF THE 60-DAY GRACE PERIOD.
2669
(21) The deferred presentment provider may not deposit or
2670
present the drawer's check if the drawer informs the provider in
2671
person that the drawer cannot redeem or pay in full in cash the
2672
amount due and owing the deferred presentment provider. No
2673
additional fees or penalties may be imposed on the drawer by
2674
virtue of any misrepresentation made by the drawer as to the
2675
sufficiency of funds in the drawer's account. In no event shall
2676
any Additional fees may not be added to the amounts due and owing
2677
to the deferred presentment provider.
2678
(22)(a) If, by the end of the deferment period, the drawer
2679
informs the deferred presentment provider in person that the
2680
drawer cannot redeem or pay in full in cash the amount due and
2681
owing the deferred presentment provider, the deferred presentment
2682
provider shall provide a grace period extending the term of the
2683
agreement for an additional 60 days after the original
2684
termination date, without any additional charge.
2685
(a) The provider shall require that as a condition of
2686
providing a this grace period, that within the first 7 days of
2687
the grace period the drawer make an appointment with a consumer
2688
credit counseling agency within 7 days after the end of the
2689
deferment period and complete the counseling by the end of the
2690
grace period. The drawer may agree to, comply with, and adhere to
2691
a repayment plan approved by the counseling agency. If the drawer
2692
agrees to comply with and adhere to a repayment plan approved by
2693
the counseling agency, the provider must is also required to
2694
comply with and adhere to that repayment plan. The deferred
2695
presentment provider may not deposit or present the drawer's
2696
check for payment before the end of the 60-day grace period
2697
unless the drawer fails to comply with such conditions or the
2698
drawer fails to notify the provider of such compliance. Before
2699
each deferred presentment transaction, the provider may verbally
2700
advise the drawer of the availability of the grace period
2701
consistent with the provisions of the written notice in
2702
subsection (20), and may shall not discourage the drawer from
2703
using the grace period.
2704
(b) At the commencement of the grace period, the deferred
2705
presentment provider shall provide the drawer:
2706
1. Verbal notice of the availability of the grace period
2707
consistent with the written notice in subsection (20).
2708
2. A list of approved consumer credit counseling agencies
2709
prepared by the office. The office list shall include nonprofit
2710
consumer credit counseling agencies affiliated with the National
2711
Foundation for Credit Counseling which provide credit counseling
2712
services to state Florida residents in person, by telephone, or
2713
through the Internet. The office list must include phone numbers
2714
for the agencies, the counties served by the agencies, and
2715
indicate the agencies that provide telephone counseling and those
2716
that provide Internet counseling. The office shall update the
2717
list at least once each year.
2718
3. The following notice in at least 14-point type in
2719
substantially the following form:
2720
2721
2722
AS A CONDITION OF OBTAINING A GRACE PERIOD EXTENDING THE TERM OF
2723
YOUR DEFERRED PRESENTMENT AGREEMENT FOR AN ADDITIONAL 60 DAYS,
2724
UNTIL [DATE], WITHOUT ANY ADDITIONAL FEES, YOU MUST COMPLETE
2725
CONSUMER CREDIT COUNSELING PROVIDED BY AN AGENCY INCLUDED ON THE
2726
LIST THAT WILL BE PROVIDED TO YOU BY THIS PROVIDER. YOU MAY ALSO
2727
AGREE TO COMPLY WITH AND ADHERE TO A REPAYMENT PLAN APPROVED BY
2728
THE AGENCY. THE COUNSELING MAY BE IN PERSON, BY TELEPHONE, OR
2729
THROUGH THE INTERNET. YOU MUST NOTIFY US WITHIN 7 SEVEN (7) DAYS,
2730
BY [DATE], THAT YOU HAVE MADE AN APPOINTMENT WITH SUCH A CONSUMER
2731
CREDIT COUNSELING AGENCY. YOU MUST ALSO NOTIFY US WITHIN 60 SIXTY
2732
(60) DAYS, BY [DATE], THAT YOU HAVE COMPLETED THE CONSUMER CREDIT
2733
COUNSELING. WE MAY VERIFY THIS INFORMATION WITH THE AGENCY. IF
2734
YOU FAIL TO PROVIDE EITHER THE 7-DAY OR 60-DAY NOTICE, OR IF YOU
2735
HAVE NOT MADE THE APPOINTMENT OR COMPLETED THE COUNSELING WITHIN
2736
THE TIME REQUIRED, WE MAY DEPOSIT OR PRESENT YOUR CHECK FOR
2737
PAYMENT AND PURSUE ALL LEGALLY AVAILABLE CIVIL MEANS TO ENFORCE
2738
THE DEBT.
2739
(c) If a drawer completes an approved payment plan, the
2740
deferred presentment provider shall pay one-half of the drawer's
2741
fee for the deferred presentment agreement to the consumer credit
2742
counseling agency.
2743
(23) The office shall implement a common database with
2744
real-time access through an Internet connection for deferred
2745
presentment providers, as provided in this subsection. The
2746
database must be accessible to the office and the deferred
2747
presentment providers in order to verify whether any deferred
2748
presentment transactions are outstanding for a particular person.
2749
Deferred presentment providers shall submit such data before
2750
entering into each deferred presentment transaction in such
2751
format as required the commission shall require by rule,
2752
including the drawer's name, social security number or employment
2753
authorization alien number, address, driver's license number,
2754
amount of the transaction, date of transaction, the date that the
2755
transaction is closed, and such additional information as is
2756
required by rule the commission. The commission may by rule
2757
impose a fee of up to not to exceed $1 per transaction for data
2758
that must required to be submitted by a deferred presentment
2759
provider. A deferred presentment provider may rely on the
2760
information contained in the database as accurate and is not
2761
subject to any administrative penalty or civil liability due to
2762
as a result of relying on inaccurate information contained in the
2763
database. A deferred presentment provider must notify the office
2764
within 15 business days after ceasing operations and in a manner
2765
as prescribed by rule. Such notification must include a
2766
reconciliation of all open transactions. If the provider fails to
2767
provide notice, the office shall take action to administratively
2768
release all open and pending transactions in the database after
2769
the office becomes aware of the closure. This section does not
2770
affect the rights of the provider to enforce the contractual
2771
provisions of the deferred presentment agreements through any
2772
civil action allowed by law. The commission may adopt rules to
2773
administer and enforce the provisions of this subsection section
2774
and to ensure assure that the database is used by deferred
2775
presentment providers in accordance with this section.
2776
(24) A deferred presentment provider may not accept more
2777
than one check or authorization to initiate more than one
2778
automated clearinghouse transaction to collect on a deferred
2779
presentment transaction for a single deferred presentment
2780
transaction.
2781
Section 44. Section 560.405, Florida Statutes, is amended
2782
to read:
2783
560.405 Deposit; redemption.--
2784
(1) The deferred presentment provider or its affiliate may
2785
shall not present the drawer's check before the end of the
2786
deferment period prior to the agreed-upon date of presentment, as
2787
reflected in the deferred presentment transaction agreement.
2788
(2) Before a deferred presentment provider presents the
2789
drawer's check, the check must shall be endorsed with the actual
2790
name under which the deferred presentment provider is doing
2791
business.
2792
(3) Notwithstanding the provisions of subsection (1), in
2793
lieu of presentment, a deferred presentment provider may allow
2794
the check to be redeemed at any time upon payment to the deferred
2795
presentment provider in the amount of the face amount of the
2796
drawer's check. However, payment may not be made in the form of a
2797
personal check. Upon redemption, the deferred presentment
2798
provider shall return the drawer's check that was being held and
2799
provide a signed, dated receipt showing that the drawer's check
2800
has been redeemed.
2801
(4) A No drawer may not can be required to redeem his or
2802
her check before prior to the agreed-upon date; however, the
2803
drawer may choose to redeem the check before the agreed-upon
2804
presentment date.
2805
Section 45. Section 560.406, Florida Statutes, is amended
2806
to read:
2807
560.406 Worthless checks.--
2808
(1) If a check is returned to a deferred presentment
2809
provider from a payor financial institution due to lack of funds,
2810
a closed account, or a stop-payment order, the deferred
2811
presentment provider may seek collection pursuant to s. 68.065,
2812
except a deferred presentment provider may shall not be entitled
2813
to collect treble damages pursuant s. 68.065. The notice sent by
2814
the a deferred deposit provider may pursuant to s. 68.065 shall
2815
not include any references to treble damages and must clearly
2816
state that the deferred presentment provider is not entitled to
2817
recover such damages. Except as otherwise provided in this part,
2818
an individual who issues a personal check to a deferred
2819
presentment provider under a deferred presentment agreement is
2820
not subject to criminal penalty.
2821
(2) If a check is returned to a deferred presentment
2822
provider from a payor financial institution due to insufficient
2823
funds, a closed account, or a stop-payment order, the deferred
2824
presentment provider may pursue all legally available civil
2825
remedies to collect the check, including, but not limited to, the
2826
imposition of all charges imposed on the deferred presentment
2827
provider by the any financial institution. In its collection
2828
practices, a deferred presentment provider must shall comply with
2829
the prohibitions against harassment or abuse, false or misleading
2830
representations, and unfair practices that which are contained in
2831
ss. 806, 807, and 808 of the Fair Debt Collections Practices Act,
2832
15 U.S.C. ss. 1692d, 1692e, 1692f. A violation of this act is a
2833
deceptive and unfair trade practice and constitutes a violation
2834
of the Deceptive and Unfair Trade Practices Act under, part II of
2835
chapter 501. In addition, a deferred presentment provider must
2836
shall comply with the applicable provisions of part VI of chapter
2837
559, the Consumer Collection Practices Act under part VI of
2838
chapter 559, including, but not limited to, the provisions of s.
2839
2840
(3) A deferred presentment provider may not assess the cost
2841
of collection, other than charges for insufficient funds as
2842
allowed by law, without a judgment from a court of competent
2843
jurisdiction.
2844
Section 46. Subsection (7) of section 499.005, Florida
2845
Statutes, is amended to read:
2846
499.005 Prohibited acts.--It is unlawful for a person to
2847
perform or cause the performance of any of the following acts in
2848
this state:
2849
(7) The purchase or sale of prescription drugs for
2850
wholesale distribution in exchange for currency, as defined in s.
2852
Section 47. Paragraph (i) of subsection (2) of section
2853
499.0691, Florida Statutes, is amended to read:
2854
499.0691 Criminal punishment for violations related to
2855
drugs; dissemination of false advertisement.--
2856
(2) Any person who violates any of the following provisions
2857
commits a felony of the third degree, punishable as provided in
2860
(i) The purchase or sale of prescription drugs for
2861
wholesale distribution in exchange for currency, as defined in s.
2863
Section 48. Paragraph (b) of subsection (2) of section
2864
501.95, Florida Statutes, is amended to read:
2865
501.95 Gift certificates and credit memos.--
2866
(2)
2867
(b) Paragraph (a) does not apply to a gift certificate or
2868
credit memo sold or issued by a financial institution, as defined
2869
in s. 655.005, or by a money services business transmitter, as
2870
defined in s. 560.103, if the gift certificate or credit memo is
2871
redeemable by multiple unaffiliated merchants.
2872
Section 49. Paragraph (n) of subsection (2) of section
2873
538.03, Florida Statutes, is amended to read:
2874
538.03 Definitions; applicability.--
2875
(2) This chapter does not apply to:
2876
(n) A business that contracts with other persons or
2877
entities to offer its secondhand goods for sale, purchase,
2878
consignment, or trade via an Internet website, and that maintains
2879
a shop, store, or other business premises for this purpose, if
2880
all of the following apply:
2881
1. The secondhand goods must be available on the website
2882
for viewing by the public at no charge;
2883
2. The records of the sale, purchase, consignment, or trade
2884
must be maintained for at least 2 years;
2885
3. The records of the sale, purchase, consignment, or
2886
trade, and the description of the secondhand goods as listed on
2887
the website, must contain the serial number of each item, if any;
2888
4. The secondhand goods listed on the website must be
2889
searchable based upon the state or zip code;
2890
5. The business must provide the appropriate law
2891
enforcement agency with the name or names under which it conducts
2892
business on the website;
2893
6. The business must allow the appropriate law enforcement
2894
agency to inspect its business premises at any time during normal
2895
business hours;
2896
7. Any payment by the business resulting from such a sale,
2897
purchase, consignment, or trade must be made to the person or
2898
entity with whom the business contracted to offer the goods and
2899
must be made by check or via a money services business
2900
transmitter licensed under part II of chapter 560; and
2901
8.a. At least 48 hours after the estimated time of
2902
contracting to offer the secondhand goods, the business must
2903
verify that any item having a serial number is not stolen
2904
property by entering the serial number of the item into the
2905
Department of Law Enforcement's stolen article database located
2906
at the Florida Crime Information Center's public access system
2907
website. The business shall record the date and time of such
2908
verification on the contract covering the goods. If such
2909
verification reveals that an item is stolen property, the
2910
business shall immediately remove the item from any website on
2911
which it is being offered and notify the appropriate law
2912
enforcement agency; or
2913
b. The business must provide the appropriate law
2914
enforcement agency with an electronic copy of the name, address,
2915
phone number, driver's license number, and issuing state of the
2916
person with whom the business contracted to offer the goods, as
2917
well as an accurate description of the goods, including make,
2918
model, serial number, and any other unique identifying marks,
2919
numbers, names, or letters that may be on an item, in a format
2920
agreed upon by the business and the appropriate law enforcement
2921
agency. This information must be provided to the appropriate law
2922
enforcement agency within 24 hours after entering into the
2923
contract unless other arrangements are made between the business
2924
and the law enforcement agency.
2925
Section 50. Subsection (10) of section 896.101, Florida
2926
Statutes, is amended to read:
2927
896.101 Florida Money Laundering Act; definitions;
2928
penalties; injunctions; seizure warrants; immunity.--
2929
(10) Any financial institution, licensed money services
2930
business transmitter, or other person served with and complying
2931
with the terms of a warrant, temporary injunction, or other court
2932
order, including any subpoena issued under the authority granted
2934
investigation of any crime in this section, including any crime
2935
listed as specified unlawful activity under this section or any
2936
felony violation of chapter 560, has immunity from criminal
2937
liability and is shall not be liable to any person for any lawful
2938
action taken in complying with the warrant, temporary injunction,
2939
or other court order, including any subpoena issued under the
2942
nondisclosure provision, any financial institution, licensed
2943
money services business transmitter, employee or officer of a
2944
financial institution or licensed money services business
2945
transmitter, or any other person may not notify, directly or
2946
indirectly, any customer of that financial institution or
2947
licensed money services business transmitter whose records are
2948
being sought by the subpoena, or any other person named in the
2949
subpoena, about the existence or the contents of that subpoena or
2950
about information that has been furnished to the state attorney
2951
or statewide prosecutor who issued the subpoena or other law
2952
enforcement officer named in the subpoena in response to the
2953
subpoena.
2954
Section 51. Subsection (5) of section 896.104, Florida
2955
Statutes, is amended to read:
2956
896.104 Structuring transactions to evade reporting or
2957
registration requirements prohibited.--
2958
(5) INFERENCE.--Proof that a person engaged for monetary
2959
consideration in the business of a money funds transmitter, as
2961
more than $10,000 in currency, or the foreign equivalent, without
2962
being licensed registered as a money transmitter or designated as
2963
an authorized agent vendor under the provisions of chapter 560,
2964
gives rise to an inference that the transportation was done with
2965
knowledge of the licensure registration requirements of chapter
2966
560 and the reporting requirements of this chapter.
2967
Section 52. Paragraph (g) of subsection (3) of section
2968
921.0022, Florida Statutes, is amended to read:
2969
921.0022 Criminal Punishment Code; offense severity ranking
2970
chart.--
2971
(3) OFFENSE SEVERITY RANKING CHART
2972
(g) LEVEL 7
| FloridaStatute | FelonyDegree | Description |
2973
| 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
2974
| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
2975
| 316.1935(3)(b) | 1st | Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
2976
| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
2977
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
2978
| 409.920(2) | 3rd | Medicaid provider fraud. |
2979
| 456.065(2) | 3rd | Practicing a health care profession without a license. |
2980
| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
2981
| 458.327(1) | 3rd | Practicing medicine without a license. |
2982
| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
2983
| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
2984
| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
2985
| 462.17 | 3rd | Practicing naturopathy without a license. |
2986
| 463.015(1) | 3rd | Practicing optometry without a license. |
2987
| 464.016(1) | 3rd | Practicing nursing without a license. |
2988
| 465.015(2) | 3rd | Practicing pharmacy without a license. |
2989
| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
2990
| 467.201 | 3rd | Practicing midwifery without a license. |
2991
| 468.366 | 3rd | Delivering respiratory care services without a license. |
2992
| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
2993
| 483.901(9) | 3rd | Practicing medical physics without a license. |
2994
| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
2995
| 484.053 | 3rd | Dispensing hearing aids without a license. |
2996
| 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
2997
| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business transmitter. |
2998
| 560.125(5)(a) | 3rd | Money services transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
2999
| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
3000
| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
3001
| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
3002
| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
3003
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
3004
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
3005
| 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
3006
| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
3007
| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
3008
| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
3009
| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
3010
| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
3011
| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
3012
| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
3013
| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
3014
| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
3015
| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
3016
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
3017
| 784.083(1) | 1st | Aggravated battery on code inspector. |
3018
3019
| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
3020
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
3021
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
3022
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
3023
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
3024
| 794.08(4) | 3rd | Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age. |
3025
| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
3026
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
3027
| 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
3028
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
3029
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
3030
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
3031
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
3032
| 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
3033
| 812.014(2)(a)1. | 1st | Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft. |
3034
| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
3035
| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
3036
| 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
3037
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
3038
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
3039
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
3040
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
3041
| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
3042
| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
3043
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
3044
| 817.2341(2)(b)&(3)(b) | 1st | Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. |
3045
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
3046
| 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
3047
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
3048
| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
3049
| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
3050
| 838.015 | 2nd | Bribery. |
3051
| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
3052
| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
3053
| 838.22 | 2nd | Bid tampering. |
3054
| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
3055
| 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
3056
| 872.06 | 2nd | Abuse of a dead human body. |
3057
| 893.13(1)(c)1. | 1st | Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
3058
| 893.13(1)(e)1. | 1st | Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. |
3059
| 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
3060
| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
3061
| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
3062
| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
3063
| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
3064
| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
3065
| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
3066
| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
3067
| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
3068
| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
3069
| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
3070
| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
3071
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
3072
| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
3073
| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
3074
| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
3075
| 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
3076
| 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
3077
| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
3078
| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
3079
| 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
3080
| 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
3081
| 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
3082
| 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
3083
| 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
3084
3089
Section 54. Except as otherwise expressly provided in this
3090
act, this act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.