Florida Senate - 2008 CS for SB 2158
By the Committees on Banking and Insurance; Banking and Insurance
597-04744A-08 20082158c1
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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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"affiliated party," "branch office," "cashing,"
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"compliance officer," "electronic instrument," "financial
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audit report," "foreign affiliate," "licensee,"
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"location," "monetary value," "net worth," "outstanding
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money transmission," and "stored value"; providing
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applicability for certain terms; 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;
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requiring records in a language other than English to be
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translated; creating s. 560.1091, F.S.; authorizing the
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office to contract with third parties to conduct
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examinations; authorizing the commission to adopt rules
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relating to who can conduct examinations and the rates
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charged; creating s. 560.1092, F.S.; requiring persons
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examined to pay the expenses of examination as set by rule
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of the commission; providing for the deposit of funds
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collected from licensees; requiring payment for travel
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expenses and living expenses and compensation for persons
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making the examinations from such funds or from funds
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budgeted for such purposes; creating s. 560.110, F.S.;
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providing for record retention by licensees; amending s.
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560.111, F.S.; revising the list of prohibited acts by a
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money services business; amending s. 560.113, F.S.;
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providing for the establishment of a receivership or the
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payment of restitution by a person found to have violated
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ch. 560, F.S.; amending s. 560.114, F.S.; revising grounds
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for the disciplinary actions; amending s. 560.115, F.S.;
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revising provisions relating to the voluntary surrender of
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a 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 anti-money laundering laws and rules; amending
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s. 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 net worth and the filing of a corporate surety
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bond; requiring a financial audit report; increasing the
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upper limit of the bond; deleting the option of waiving
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the bond; amending s. 560.210, F.S.; revising provisions
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relating to permissible investments; amending s. 560.211,
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F.S.; revising provisions relating to required
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recordkeeping under part II of ch. 560, F.S.; amending s.
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560.212, F.S.; revising provisions relating to licensee
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liability; amending s. 560.213, F.S.; revising provisions
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relating information that must be printed on a payment
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instrument; amending s. 560.303, F.S.; revising provisions
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relating to the licensure of check cashers under part II
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of ch. 560, F.S.; amending s. 560.304, F.S.; revising
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provisions relating to exemptions from licensure; limiting
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the exemption for the payment of instruments below a
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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) "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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(2)(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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(3)(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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(4) "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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(5) "Cashing" means providing currency for payment
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instruments except for travelers checks.
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(6)(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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(7) "Commission" means the Financial Services Commission.
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(8) "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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(9)(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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(10) "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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(11) "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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(12) "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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(13) "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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(14)(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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(15) "Licensee" means a person licensed under this chapter.
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(16) "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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(17) "Monetary value" means a medium of exchange, whether
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or not redeemable in currency.
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(18)(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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(19) "Money transmitter" means a corporation, limited
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liability company, limited liability partnership, or foreign
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entity qualified to do business in this state which 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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(20) "Net worth" means assets minus liabilities, determined
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in accordance with United States generally accepted accounting
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principles.
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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 corporation,
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limited liability company, limited liability partnership, or
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foreign entity qualified to do business in this state which
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person who 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. New subsection (19) of s. 560.103, Florida
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Statutes, and present subsection (16) of that section, as amended
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by this act, shall take effect January 1, 2009.
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Section 3. 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 4. 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 5. 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
401
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
407
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
412
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
414
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
420
investigated shall make available to the office, its examiners,
421
or investigators, all books, accounts, documents, files,
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information, assets, and matters that are in their immediate
423
possession or control and that relate to the subject of the
424
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
427
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
430
certified translation at the expense of the licensee. For
431
purposes of this section, the term "certified translation" means
432
a document translated by a person who is currently certified as a
433
translator by the American Translators Association or other
434
organization designated by rule.
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(4)(2)(a) In the course of or in connection with any
436
examination or an investigation conducted by the office:
437
(a) An employee of the office holding the title and
438
position of a pursuant to the provisions of subsection (1) or an
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investigation or examination in connection with any application
440
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
444
position than financial examiner or analyst, financial
445
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.
448
(b) The office, or any of its employees officers holding a
449
title of no lesser title than attorney, or area financial
450
manager, or higher may issue, revoke, quash, or modify subpoenas
451
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,
456
records, and documents for inspection as may be therein
457
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
459
the service of subpoenas.
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(c) In connection with any such investigation or
461
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
463
determines, as to facts and circumstances specified by the
464
office.
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(5)(3)(a) If a person does not comply In the event of
466
noncompliance with a subpoena issued or caused to be issued by
467
the office pursuant to this section, the office may petition a
468
court of competent jurisdiction the circuit court of the county
469
in which the person subpoenaed resides or has its principal place
470
of business for an order requiring the subpoenaed person to
471
appear and testify and to produce such books, records, and
472
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
480
person subpoenaed, or any person whose interests are will be
481
substantially affected by the investigation, examination, or
482
subpoena, may appear and object to the subpoena and to the
483
granting of the petition. The court may make any order that
484
justice requires in order to protect a party or other person and
485
her or his personal and property rights, including, but not
486
limited to, protection from annoyance, embarrassment, oppression,
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or undue burden, or expense.
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(c)(d) Failure to comply with an order granting, in whole
489
or in part, a petition for enforcement of a subpoena is a
490
contempt of the court.
491
(6)(4) Witnesses are entitled to the same fees and mileage
492
to which they would be entitled by law for attending as witnesses
493
in the circuit court, except that no fees or mileage is not
494
allowed for the testimony of a person taken at the person's
495
principal office or residence.
496
(7)(5) Reasonable and necessary costs incurred by the
497
office or third parties authorized by the office in connection
498
and payable to persons involved with examinations or
499
investigations may be assessed against any person subject to this
500
chapter on the basis of actual costs incurred. Assessable
501
expenses include, but are not limited to,: expenses for:
502
interpreters; certified translations of documents into the
503
English language required by this chapter or related rules;
504
expenses for communications; expenses for legal representation;
505
expenses for economic, legal, or other research, analyses, and
506
testimony; and fees and expenses for witnesses. The failure to
507
reimburse the office is a ground for denial of a license the
508
registration application, denial of a license renewal, or for
509
revocation of any approval thereof. Except for examinations
510
authorized under s. 560.109, No such costs may not shall be
511
assessed against a person unless the office determines has
512
determined that the person has operated or is operating in
513
violation of this chapter the code.
514
(8) The office shall report any violation of law that may
515
be a felony to the appropriate criminal investigatory agency
516
having jurisdiction with respect to such violation.
517
(9) The office shall prepare and submit a report to the
518
President of the Senate and the Speaker of the House of
519
Representatives by January 1 of each year which includes:
520
(a) The total number of examinations and investigations
521
that resulted in a referral to a state or federal agency and the
522
disposition of each of those referrals by agency.
523
(b) The total number of initial referrals received from
524
another state or federal agency, the total number of examinations
525
and investigations opened as a result of referrals, and the
526
disposition of each of those cases.
527
(c) The number of examinations or investigations undertaken
528
by the office which were not the result of a referral from
529
another state agency or a federal agency.
530
(d) The total amount of fines assessed and collected by the
531
office as a result of an examination or investigation of
532
activities regulated under parts II and III of this chapter.
533
Section 6. Section 560.1091, Florida Statutes, is created
534
to read:
535
560.1091 Contracted examinations.--The office may contract
536
with third parties to conduct examinations under this chapter.
537
(1) The person or firm selected by the office may not have
538
a conflict of interest that might affect its ability to
539
independently perform its responsibilities with respect to an
540
examination.
541
(2) An examination under this section may be conducted by
542
an independent certified public accountant, information
543
technology specialist, or other specialist specified by rule who
544
meets criteria specified by rule. The rules shall also provide
545
that:
546
(a) The rates charged to the licensee examined are
547
consistent with rates charged by other firms in similar
548
professions and are comparable with the rates charged for
549
comparable examinations.
550
(b) The licensee make payment for the examination pursuant
551
to s. 560.1092 and in accordance with the rates and terms
552
established by the office and the person or firm performing the
553
examination.
554
Section 7. Section 560.1092, Florida Statutes, is created
555
to read:
556
560.1092 Examination expenses.--
557
(1) Each licensee examined shall pay to the office the
558
expenses of the examination at the rates adopted by the office by
559
rule. Such expenses shall include actual travel expenses,
560
reasonable living expense allowance, compensation of the examiner
561
or other person making the examination, and necessary attendant
562
administrative costs of the office directly related to the
563
examination. Travel expense and living expense allowance are
564
limited to those expenses incurred on account of the examination
565
and shall be paid by the examined licensee together with
566
compensation upon presentation by the office to the licensee of a
567
detailed account of the charges and expenses after a detailed
568
statement has been filed by the examiner and approved by the
569
office.
570
(2) All moneys collected from licensees for examinations
571
shall be deposited into the Regulatory Trust Fund, and the office
572
may make deposits from time to time into such fund from moneys
573
appropriated for the operation of the office.
574
(3) Notwithstanding s. 112.061, the office may pay to the
575
examiner or person making the examination out of the trust fund
576
the actual travel expenses, reasonable living expense allowance,
577
and compensation in accordance with the statement filed with the
578
office by the examiner or other person, as provided in subsection
579
(1) upon approval by the office.
580
(4) When not examining a licensee, the travel expenses, per
581
diem, and compensation for the examiners and other persons
582
employed to make examinations, if approved, shall be paid out of
583
moneys budgeted for such purpose as regular employees, and
584
reimbursement for travel expenses and per diem shall be at rates
585
as provided in s. 112.061.
586
Section 8. Section 560.110, Florida Statutes, is created to
587
read:
588
560.110 Records retention.--Each licensee and its
589
authorized agents must maintain all books, accounts, documents,
590
files, and information necessary for determining compliance with
591
this chapter and related rules for 5 years unless a longer period
592
is required by other state or federal law.
593
(1) The records required under this chapter may be
594
maintained by the licensee at any location identified in its
595
license application or by amendment to the application. The
596
licensee must make such records available to the office for
597
examination and investigation in this state within 3 business
598
days after receipt of a written request.
599
(2) The original of any record of a licensee or authorized
600
agent includes a record stored or transmitted by electronic,
601
computerized, mechanized, or other information storage or
602
retrieval or transmission system or device that can generate,
603
regenerate, or transmit the precise data or other information
604
comprising the record. An original also includes the visible data
605
or other information so generated, regenerated, or transmitted if
606
it is legible or can be made legible by enlargement or other
607
process.
608
(3) The commission may adopt rules to administer this
610
commission shall take into consideration federal regulations,
611
rulings, and guidance issued by an appropriate regulator.
612
(4) Any person who willfully fails to comply with this
615
616
Section 9. Section 560.111, Florida Statutes, is amended to
617
read:
618
560.111 Prohibited acts and practices.--
619
(1) A money services business, authorized agent, or
620
affiliated party may not It is unlawful for any money transmitter
621
or money transmitter-affiliated party to:
622
(a) Receive or possess itself of any property except
623
otherwise than in payment of a just demand, and, with intent to
624
deceive or defraud, to omit to make or to cause to be made a full
625
and true entry thereof in its books and accounts, or to concur in
626
omitting to make any material entry thereof.;
627
(b) Embezzle, abstract, or misapply any money, property, or
628
thing of value belonging to the money services business, its
629
authorized agent, or customer of the money transmitter or
630
authorized vendor with intent to deceive or defraud. such money
631
transmitter or authorized vendor;
632
(c) Make any false entry in its books, accounts, reports,
633
files, or documents any book, report, or statement of such money
634
transmitter or authorized vendor with intent to deceive or
635
defraud such money transmitter, authorized vendor, or another
636
person, or with intent to deceive the office, any appropriate
637
regulator other state or federal regulatory agency, or any
638
authorized third party representative appointed by the office to
639
examine or investigate the affairs of the money services business
640
or its authorized agent. such money transmitter or authorized
641
vendor;
642
(d) Engage in an act that violates 18 U.S.C. s. 1956, 18
643
U.S.C. s. 1957, 18 U.S.C. s. 1960, 31 U.S.C. s. 5324, or any
644
other law, rule, or regulation of another state or of the United
645
States relating to a money services business, deferred
646
presentment provider, the business of money transmission or usury
647
which may cause the denial or revocation of a money services
648
business or deferred presentment provider transmitter license or
649
the equivalent registration in that such jurisdiction.;
650
(e) File with the office, sign as a duly authorized
651
representative, or deliver or disclose, by any means, to the
652
office or any of its employees any examination report, report of
653
condition, report of income and dividends, audit, account,
654
statement, file, or document known by it to be fraudulent or
655
false as to any material matter.; or
656
(f) Place among the assets of a money services business or
657
its authorized agent such money transmitter or authorized vendor
658
any note, obligation, or security that the money services
659
business or its authorized agent transmitter or authorized
660
vendor does not own or is known to be that to the person's
661
knowledge is fraudulent or otherwise worthless, or for any such
662
person to represent to the office that any note, obligation, or
663
security carried as an asset of such money transmitter or
664
authorized vendor is the property of the money services business
665
or its authorized agent transmitter or authorized vendor and is
666
genuine if it is known to be such person that such representation
667
is false or that such note, obligation, or security is fraudulent
668
or otherwise worthless.
669
(2) A It is unlawful for any person may not to knowingly
670
execute, or attempt to execute, a scheme or artifice to defraud a
671
money services business or its authorized agent transmitter or
672
authorized vendor, or to obtain any of the moneys, funds,
673
credits, assets, securities, or other property owned by, or under
674
the custody or control of, a money services business or its
675
authorized agent transmitter or authorized vendor, by means of
676
false or fraudulent pretenses, representations, or promises.
677
(3) Any person who violates any provision of this section
678
commits a felony of the third degree, punishable as provided in
680
(4) Any person who willfully violates any provision of s.
682
of the third degree, punishable as provided in s. 775.082, s.
684
Section 10. Section 560.113, Florida Statutes, is amended
685
to read:
686
560.113 Injunctions; receiverships; restitution.--Whenever
687
a violation of the code is threatened or impending and such
688
violation will cause substantial injury to any person, the
689
circuit court has jurisdiction to hear any complaint filed by the
690
office and, upon proper showing, to issue an injunction
691
restraining such violation or granting other such appropriate
692
relief.
693
(1) If the office determines that any person has engaged in
694
or is about to engage in any action that is a violation of this
695
chapter or related rules, the office may, in addition to or in
696
lieu of other remedies, bring an action on behalf of the state in
697
the circuit court against the person and any other person acting
698
in concert with such person to enjoin such person from engaging
699
in such act. The office may apply for, and on due showing be
700
entitled to have issued, the court's subpoena requiring the
701
appearance of the person and her or his employees, associated
702
persons, or agents and the production of any documents, books, or
703
records that may appear necessary for the hearing of the
704
petition, and to testify or give evidence concerning the acts
705
complained of.
706
(2) In addition to, or in lieu of, the enforcement of a
707
temporary restraining order, temporary injunction, or permanent
708
injunction against the person, the court may, upon application of
709
the office, impound and appoint a receiver or administrator for
710
the property, assets, and business of the defendant, including,
711
but not limited to, any related books, records, documents, or
712
papers. The receiver or administrator shall have all powers and
713
duties conferred by the court as to the custody, collection,
714
administration, winding up, and liquidation of the property and
715
business. The court may issue orders and decrees staying all
716
pending suits and enjoining any further suits affecting the
717
receiver's or administrator's custody or possession of the
718
property, assets, and business or may, with the consent of the
719
presiding judge of the circuit, require that all such suits be
720
assigned to the judge appointing the receiver or administrator.
721
(3) In addition to, or in lieu of, any other remedies
722
provided under this chapter, the office may apply to the court
723
hearing the matter for an order directing the defendant to make
724
restitution of those sums shown by the office to have been
725
obtained in violation of this chapter. Such restitution shall, at
726
the option of the court, be payable to the administrator or
727
receiver appointed under this section or directly to the persons
728
whose assets were obtained in violation of this chapter.
729
Section 11. Section 560.114, Florida Statutes, is amended
730
to read:
731
560.114 Disciplinary actions; penalties.--
732
(1) The following actions by a money services business,
733
authorized agent, or affiliated party transmitter or money
734
transmitter-affiliated party are violations of the code and
735
constitute grounds for the issuance of a cease and desist order,
736
the issuance of a removal order, the denial, of a registration
737
application or the suspension, or revocation of a license any
738
registration previously issued pursuant to the code, or the
739
taking of any other action within the authority of the office
740
pursuant to this chapter the code:
741
(a) Failure to comply with any provision of this chapter or
742
related the code, any rule or order adopted pursuant thereto, or
743
any written agreement entered into with the office.
744
(b) Fraud, misrepresentation, deceit, or gross negligence
745
in any transaction by a involving money services business
746
transmission, regardless of reliance thereon by, or damage to, a
747
money transmitter customer.
748
(c) Fraudulent misrepresentation, circumvention, or
749
concealment of any matter that must required to be stated or
750
furnished to a money transmitter customer pursuant to this
751
chapter the code, regardless of reliance thereon by, or damage
752
to, such customer.
753
(d) False, deceptive, or misleading advertising.
754
(e) Failure to maintain, preserve, and keep available for
755
examination, and produce all books, accounts, files, or other
756
documents required by this chapter or related rules or orders the
757
code, by any rule or order adopted pursuant to the code, by 31
758
C.F.R. ss. 103.20, 103.22, 103.23, 103.27, 103.28, 103.29,
759
103.33, 103.37, 103.41, and 103.125 as they existed on March 31,
760
2004, or by any agreement entered into with the office.
761
(f) Refusing to allow Refusal to permit the examination or
762
inspection of books, accounts, files, or other documents and
763
records in an investigation or examination by the office,
764
pursuant to this chapter the provisions of the code, or to comply
765
with a subpoena issued by the office.
766
(g) Failure to pay a judgment recovered in any court in
767
this state by a claimant in an action arising out of a money
768
transmission transaction within 30 days after the judgment
769
becomes final.
770
(h) Engaging in an act prohibited under or practice
771
proscribed by s. 560.111.
772
(i) Insolvency or operating in an unsafe and unsound
773
manner.
774
(j) Failure by a money services business transmitter to
775
remove an affiliated a money transmitter-affiliated party after
776
the office has issued and served upon the money services business
777
transmitter a final order setting forth a finding that the
778
affiliated money transmitter-affiliated party has violated a any
779
provision of this chapter the code.
780
(k) Making a any material misstatement, or
781
misrepresentation, or omission or committing any fraud in an
782
initial or renewal application for licensure, any amendment to
783
such application, or application for the appointment of an
784
authorized agent registration.
785
(l) Committing any act that results resulting in a license
786
an application for registration, or a registration or its
787
equivalent, to practice any profession or occupation being
788
denied, suspended, revoked, or otherwise acted against by a
789
licensing registering authority in any jurisdiction or a finding
790
by an appropriate regulatory body of engaging in unlicensed
791
activity as a money transmitter within any jurisdiction.
792
(m) Being the subject of final agency action or its
793
equivalent, issued by an appropriate regulator, for engaging in
794
unlicensed activity as a money services business or deferred
795
presentment provider in any jurisdiction.
796
(n)(m) Committing any act resulting in a license
797
registration or its equivalent, or an application for
798
registration, to practice any profession or occupation being
799
denied, suspended, revoked, or otherwise acted against by a
800
licensing registering authority in any jurisdiction for a
801
violation of 18 U.S.C. s. 1956, 18 U.S.C. s. 1957, 18 U.S.C. s.
802
1960, 31 U.S.C. s. 5324, or any other law or, rule, or regulation
803
of another state or of the United States relating to a money
804
services business, deferred presentment provider, the business of
805
money transmission or usury that which may cause the denial,
806
suspension, or revocation of a money services business or
807
deferred presentment provider transmitter license or its
808
equivalent or registration in such jurisdiction.
809
(o)(n) Having been convicted of or found guilty of, or
810
entered a plea of having pleaded guilty or nolo contendere to,
811
any felony or crime punishable by imprisonment of 1 year or more
812
under the law of any state or of the United States which involves
813
fraud, moral turpitude, or dishonest dealing, regardless of
814
adjudication without regard to whether a judgment of conviction
815
has been entered by the court.
816
(p)(o) Having been convicted of or found guilty of, or
817
entered a plea of having pleaded guilty or nolo contendere to, a
818
crime under 18 U.S.C. s. 1956 or 31 U.S.C. s. 5324, regardless of
819
adjudication without regard to whether a judgment of conviction
820
has been entered by the court.
821
(q)(p) Having been convicted of or found guilty of, or
822
entered a plea of having pleaded guilty or nolo contendere to,
823
misappropriation, conversion, or unlawful withholding of moneys
824
belonging that belong to others, regardless of adjudication and
825
were received in the conduct of the business of the money
826
transmitter.
827
(r)(q) Failure to inform the office in writing within 30 15
828
days after having pled pleading guilty or nolo contendere to, or
829
being convicted or found guilty of, any felony or crime
830
punishable by imprisonment of 1 year or more under the law of any
831
state or of the United States, or of any crime involving fraud,
832
moral turpitude, or dishonest dealing, without regard to whether
833
a judgment of conviction has been entered by the court.
834
(s)(r) Aiding, assisting, procuring, advising, or abetting
835
any person in violating a provision of this chapter code or any
836
order or rule of the office or commission.
837
(t)(s) Failure to timely pay any fee, charge, or cost
838
imposed or assessed fine under this chapter the code.
839
(u) Failing to pay a fine assessed by the office within 30
840
days after the due date as stated in a final order.
841
(v)(t) Failure to pay any judgment entered by any court
842
within 30 days after the judgment becomes final.
843
(u) Engaging or holding oneself out to be engaged in the
844
business of a money transmitter without the proper registration.
845
(v) Any action that would be grounds for denial of a
846
registration or for revocation, suspension, or restriction of a
847
registration previously granted under part III of this chapter.
848
(w) Failure to pay any fee, charge, or fine under the code.
849
(w)(x) Engaging or advertising engagement in the business
850
of a money services business or deferred presentment provider
851
transmitter without a license registration, unless the person is
852
exempted from licensure the registration requirements of the
853
code.
854
(x)(y) Payment to the office for a license or other fee,
855
charge, cost, or fine permit with a check or electronic
856
transmission of funds that is dishonored by the applicant's or
857
licensee's financial institution.
858
(y) Violations of 31 C.F.R. ss. 103.20, 103.22, 103.23,
859
103.27, 103.28, 103.29, 103.33, 103.37, 103.41, and 103.125, and
860
United States Treasury Interpretative Release 2004-1.
861
(z) Any practice or conduct that creates the likelihood of
862
a material loss, insolvency, or dissipation of assets of a money
863
services business or otherwise materially prejudices the
864
interests of its customers.
865
(2) The office may deny licensure if the applicant or an
866
affiliated party is the subject of a pending criminal prosecution
867
or governmental enforcement action in any jurisdiction until the
868
conclusion of the prosecution or action.
869
(3)(2) The office may issue a cease and desist order or
870
removal order, suspend or revoke a license any previously issued
871
registration, or take any other action within the authority of
872
the office against a licensee money transmitter based on any fact
873
or condition that exists and that, if it had existed or been
874
known to exist at the time of license application the money
875
transmitter applied for registration, would have been grounds for
876
license denial of registration.
877
(4)(3) A Each money services business licensed under part
878
II of this chapter transmitter is responsible for any act of its
879
authorized agents vendors if the money services business
880
transmitter should have known of the act or had if the money
881
transmitter has actual knowledge that such act is a violation of
882
this chapter, the code and the money services business
883
transmitter willfully allowed the such act to continue. Such
884
responsibility is limited to conduct engaged in by the authorized
885
agent vendor pursuant to the authority granted to it by the money
886
services business transmitter.
887
(5)(4) If a license registration granted under this chapter
888
code expires or is surrendered by the licensee registrant during
889
the pendency of an administrative action under this code, the
890
proceeding may continue as if the license is registration were
891
still in effect.
892
(6) The office may, in addition to or in lieu of the
893
denial, suspension, or revocation of a license, impose a fine of
894
up to $10,000 for each violation of this chapter.
895
(7) In addition to any other provision of this chapter, the
896
office may impose a fine of up to $1,000 per day for each day
897
that a person engages in the business of a money services
898
business or deferred presentment provider without being licensed.
899
(8) In imposing any administrative remedy or penalty under
900
this chapter, the office shall take into account the
901
appropriateness of the penalty with respect to the gravity of the
902
violation, the history of previous violations, and other matters
903
as justice may require.
904
Section 12. Section 560.115, Florida Statutes, is amended
905
to read:
906
560.115 Surrender of license registration.--A licensee Any
907
money transmitter registered pursuant to the code may voluntarily
908
surrender its license registration at any time by giving written
909
notice to the office.
910
Section 13. Section 560.116, Florida Statutes, is amended
911
to read:
912
560.116 Civil immunity.--Any person having reason to
913
believe that a provision of this chapter the code is being
914
violated, or has been violated, or is about to be violated, may
915
file a complaint with the office setting forth the details of the
916
alleged violation. Such person is immune An Immunity from civil
917
liability is hereby granted to any person who furnishes such
918
information, unless the information provided is false and has
919
been provided the person providing the information does so with
920
reckless disregard for the truth.
921
Section 14. Section 560.118, Florida Statutes, is amended
922
to read:
923
560.118 Examinations, Reports, and internal audits;
924
penalty.--
925
(1)(a) The office may conduct an examination of a money
926
transmitter or authorized vendor by providing not less than 15
927
days' advance notice to the money transmitter or authorized
928
vendor. However, if the office suspects that the money
929
transmitter or authorized vendor has violated any provisions of
930
this code or any criminal laws of this state or of the United
931
States or is engaging in an unsafe and unsound practice, the
932
office may, at any time without advance notice, conduct an
933
examination of all affairs, activities, transactions, accounts,
934
business records, and assets of any money transmitter or any
935
money transmitter-affiliated party for the protection of the
936
public. For the purpose of examinations, the office may
937
administer oaths and examine a money transmitter or any of its
938
affiliated parties concerning their operations and business
939
activities and affairs. The office may accept an audit or
940
examination from any appropriate regulatory agency or from an
941
independent third party with respect to the operations of a money
942
transmitter or an authorized vendor. The office may also make a
943
joint or concurrent examination with any state or federal
944
regulatory agency. The office may furnish a copy of all
945
examinations made of such money transmitter or authorized vendor
946
to the money transmitter and any appropriate regulatory agency
947
provided that such agency agrees to abide by the confidentiality
948
provisions as set forth in chapter 119.
949
(b) Persons subject to this chapter who are examined shall
950
make available to the office or its examiners the accounts,
951
records, documents, files, information, assets, and matters which
952
are in their immediate possession or control and which relate to
953
the subject of the examination. Those accounts, records,
954
documents, files, information, assets, and matters not in their
955
immediate possession shall be made available to the office or the
956
office's examiners within 10 days after actual notice is served
957
on such persons.
958
(c) The audit of a money transmitter required under this
959
section may be performed by an independent third party that has
960
been approved by the office or by a certified public accountant
961
authorized to do business in the United States. The examination
962
of a money transmitter or authorized vendor required under this
963
section may be performed by an independent third party that has
964
been approved by the office or by a certified public accountant
965
authorized to do business in the United States. The cost of such
966
an independent examination or audit shall be directly borne by
967
the money transmitter or authorized vendor.
968
(2)(a) Annual financial audit reports must that are
969
required to be filed with the office pursuant to this chapter or
970
related rules under the code or any rules adopted thereunder must
971
be audited by an independent third party that has been approved
972
by the office or by a certified public accountant authorized to
973
do business in the United States. The licensee money transmitter
974
or authorized vendor shall directly bear the cost of the audit.
975
This paragraph does not apply to any seller of payment
976
instruments who can prove to the satisfaction of the office that
977
it has a combined total of fewer than 50 employees and authorized
978
vendors or that its annual payment instruments issued from its
979
activities as a payment instrument seller are less than $200,000.
980
(2)(b) Each licensee must submit The commission may, by
981
rule, require each money transmitter or authorized vendor to
982
submit quarterly reports to the office in a format and include
983
information as specified by rule. The rule commission may require
984
the that each report to contain a declaration by an officer, or
985
any other responsible person authorized to make such declaration,
986
that the report is true and correct to the best of her or his
987
knowledge and belief. Such report must include such information
988
as the commission by rule requires for that type of money
989
transmitter.
990
(c) The office may levy an administrative fine of up to
991
$100 per day for each day the report is past due, unless it is
992
excused for good cause. In excusing any such administrative fine,
993
the office may consider the prior payment history of the money
994
transmitter or authorized vendor.
995
(3) Any person who willfully violates this section or fails
996
to comply with any lawful written demand or order of the office
997
made under this section commits a felony of the third degree,
999
Section 15. Section 560.119, Florida Statutes, is
1000
transferred, renumbered as section 560.144, Florida Statutes, and
1001
amended to read:
1002
560.144 560.119 Deposit of fees and assessments.--License
1003
The application fees, license registration renewal fees, late
1004
payment penalties, civil penalties, administrative fines, and
1005
other fees, costs, or penalties provided for in this chapter the
1006
code shall, in all cases, be paid directly to the office, which
1007
shall deposit such proceeds into the Regulatory Trust Fund, and
1008
use the proceeds to pay the costs of the office as necessary to
1009
carry out its responsibilities under this chapter. Each year, the
1010
Legislature shall appropriate from the trust fund to the office
1011
sufficient moneys to pay the office's costs for administration of
1012
the code. The Regulatory Trust Fund is subject to the service
1013
charge imposed pursuant to chapter 215.
1014
Section 16. Section 560.121, Florida Statutes, is amended
1015
to read:
1016
560.121 Access to records; record retention; penalties
1017
limited restrictions upon public access.--
1018
(1)(a) Orders of courts or of administrative law judges for
1019
the production of confidential records or information must shall
1020
provide for inspection in camera by the court or the
1021
administrative law judge; and, if after the court or
1022
administrative law judge determines has made a determination that
1023
the documents requested are relevant or would likely lead to the
1024
discovery of admissible evidence, said documents shall be subject
1025
to further orders by the court or the administrative law judge
1026
must issue further orders to protect the confidentiality of the
1027
documents thereof. Any order directing the release of information
1028
is shall be immediately reviewable, and a petition by the office
1029
for review of the such order shall automatically stay further
1030
proceedings in the trial court or the administrative hearing
1031
until the disposition of the such petition by the reviewing
1032
court. If any other party files such A petition for review of the
1033
order filed by any other party shall, it will operate as a stay
1034
of the such proceedings only upon order of the reviewing court.
1035
(2)(b) Confidential records and information furnished
1036
pursuant to a legislative subpoena must shall be kept
1037
confidential by the legislative body or committee which receives
1038
the records or information, except in cases a case involving the
1039
investigation of charges against a public official subject to
1040
impeachment or removal, and then disclosure of such information
1041
shall be only to the extent determined to be necessary by the
1042
legislative body or committee to be necessary.
1043
(3)(2) The commission may prescribe by rule the minimum
1044
information that must be shown in the books, accounts, records,
1045
and documents of licensees for purposes of enabling the office to
1046
determine the licensee's compliance with this chapter. In
1047
addition, the commission may prescribe by rule requirements for
1048
the destruction of books, accounts, records, and documents
1049
retained by the licensee after completion of the time period
1050
specified in this subsection. Examination reports, investigatory
1051
records, applications, and related information compiled by the
1052
office, or photographic copies thereof, must shall be retained by
1053
the office for a period of at least 5 3 years after following the
1054
date that the examination or investigation ceases to be active.
1055
Application records, and related information compiled by the
1056
office, or photographic copies thereof, must shall be retained by
1057
the office for a period of at least 5 2 years after following the
1058
date that the license registration ceases to be active.
1059
(3) A copy of any document on file with the office which is
1060
certified by the office as being a true copy may be introduced in
1061
evidence as if it were the original. The commission shall
1062
establish a schedule of fees for preparing true copies of
1063
documents.
1064
(4) Any person who willfully discloses information made
1065
confidential by this section commits a felony of the third
1067
1068
Section 17. Section 560.123, Florida Statutes, is amended
1069
to read:
1070
560.123 Florida Control of Money Laundering in the Money
1071
Services Business Act Transmitters' Code; reports of transactions
1072
involving currency or monetary instruments; when required;
1073
purpose; definitions; penalties; corpus delicti.--
1074
(1) This section may be cited as the "Florida Control of
1075
Money Laundering in Money Services Business Transmitters Act."
1076
(2) It is The purpose of this section is to require the
1077
submission to the office of reports and the maintenance of
1078
certain records of transactions involving currency or payment
1079
monetary instruments in order to which reports and records deter
1080
the use of a money services business money transmitters to
1081
conceal proceeds from criminal activity and to ensure the
1082
availability of such records for are useful in criminal, tax, or
1083
regulatory investigations or proceedings.
1084
(3)(a) A Every money services business must transmitter
1085
shall keep a record of every each financial transaction occurring
1086
in this state known to it which occurs in this state; involves to
1087
involve currency or other payment monetary instrument, as
1088
prescribed the commission prescribes by rule, having of a value
1089
greater than in excess of $10,000; and involves, to involve the
1090
proceeds of specified unlawful activity, or is to be designed to
1091
evade the reporting requirements of this section or chapter 896.
1092
The money services business must and shall maintain appropriate
1093
procedures to ensure compliance with this section and chapter
1094
896.
1095
(a)(b) Multiple financial transactions shall be treated as
1096
a single transaction if the money services business transmitter
1097
has knowledge that they are made by or on behalf of any one
1098
person and result in either cash in or cash out totaling more
1099
than $10,000 during any day.
1100
(b)(c) A Any money services business transmitter may keep a
1101
record of any financial transaction occurring in this state,
1102
regardless of the value, if it suspects that the transaction
1103
involves the proceeds of specified unlawful activity.
1104
(c) The money services business must file a report with the
1105
office of any records required by this subsection, at such time
1106
and containing such information as required by rule. The timely
1107
filing of the report required by 31 U.S.C. s. 5313 with the
1108
appropriate federal agency shall be deemed compliance with the
1109
reporting requirements of this subsection unless the reports are
1110
not regularly and comprehensively transmitted by the federal
1111
agency to the office.
1112
(d) A money services business transmitter, or officer,
1113
employee, or agent thereof, that files a report in good faith
1114
pursuant to this section is not liable to any person for loss or
1115
damage caused in whole or in part by the making, filing, or
1116
governmental use of the report, or any information contained
1117
therein.
1118
(4)(3) A money services business transmitters must comply
1119
with adhere to the money laundering, enforcement, and reporting
1120
provisions of s. 655.50, relating to reports of transactions
1121
involving currency transactions and payment monetary instruments,
1122
and of chapter 896, concerning offenses relating to financial
1123
transactions.
1124
(5)(4) In enforcing this section, the commission and office
1125
shall acknowledge and take into consideration the requirements of
1126
Title 31, United States Code, in order both to reduce the burden
1127
of fulfilling duplicate requirements and to acknowledge the
1128
economic advantage of having similar reporting and recordkeeping
1129
requirements between state and federal regulatory authorities.
1130
(5)(a) Each money transmitter must file a report with the
1131
office of the record required by this section. Each record filed
1132
pursuant to this section must be filed at such time and contain
1133
such information as the commission requires by rule.
1134
(b) The timely filing of the report required by 31 U.S.C.
1135
s. 5313, with the appropriate federal agency is deemed compliance
1136
with the reporting requirements of this subsection unless the
1137
reports are not regularly and comprehensively transmitted by the
1138
federal agency to the office.
1139
(6) The office must retain a copy of all reports received
1140
under subsection (3) (5) for a minimum of 5 3 calendar years
1141
after receipt of the report. However, if a report or information
1142
contained in a report is known by the office to be the subject of
1143
an existing criminal proceeding, the report must be retained for
1144
a minimum of 10 calendar years after from the date of receipt.
1145
(7) In addition to any other powers conferred upon the
1146
office to enforce and administer this chapter the code, the
1147
office may:
1148
(a) Bring an action in any court of competent jurisdiction
1149
to enforce or administer this section. In such action, the office
1150
may seek award of any civil penalty authorized by law and any
1151
other appropriate relief at law or equity.
1152
(b) Issue and serve upon a person an order requiring the
1153
such person to cease and desist and take corrective action if
1154
whenever the office finds that the such person is violating, has
1155
violated, or is about to violate any provision of this section or
1156
chapter 896; any rule or order adopted under this section or
1157
chapter 896; or any written agreement related to this section or
1158
chapter 896 which is entered into with the office.
1159
(c) Issue and serve upon a person an order suspending or
1160
revoking the such person's money services business license if
1161
transmitter registration whenever the office finds that the such
1162
person is violating, has violated, or is about to violate any
1163
provision of this section or chapter 896; any rule or order
1164
adopted under this section or chapter 896; or any written
1165
agreement related to this section or chapter 896 which is entered
1166
into with the office.
1167
(d) Issue and serve upon any person an order of removal
1168
whenever the office finds that the such person is violating, has
1169
violated, or is about to violate any provision of this section or
1170
chapter 896; any rule or order adopted under this section or
1171
chapter 896; or any written agreement related to this section or
1172
chapter 896 which is entered into with the office.
1173
(e) Impose and collect an administrative fine against any
1174
person found to have violated any provision of this section or
1175
chapter 896; any rule or order adopted under this section or
1176
chapter 896; or any written agreement related to this section or
1177
chapter 896 which is entered into with the office, of up to in an
1178
amount not exceeding $10,000 per a day for each willful violation
1179
or $500 per a day for each negligent violation.
1180
(8)(a) Except as provided in paragraph (b), a person who
1181
willfully violates any provision of this section commits a
1182
misdemeanor of the first degree, punishable as provided in s.
1184
(b) A person who willfully violates any provision of this
1185
section, if the violation involves:
1186
1. Currency or payment instruments exceeding $300 but less
1187
than $20,000 in any 12-month period, commits a felony of the
1189
or s. 775.084.
1190
2. Currency or payment instruments totaling or exceeding
1191
$20,000 but less than $100,000 in any 12-month period, commits a
1192
felony of the second degree, punishable as provided in s.
1194
3. Currency or payment instruments totaling or exceeding
1195
$100,000 in any 12-month period, commits a felony of the first
1197
1198
(c) In addition to the penalties otherwise authorized by s.
1200
convicted of, or entered a plea of who has pleaded guilty or nolo
1201
contendere, regardless of adjudication, to having violated
1202
paragraph (b) may be sentenced to pay a fine of up to not
1203
exceeding $250,000 or twice the value of the currency or payment
1204
instruments, whichever is greater, except that on a second or
1205
subsequent conviction for or plea of guilty or nolo contendere,
1206
regardless of adjudication, to a violation of paragraph (b), the
1207
fine may be up to $500,000 or quintuple the value of the currency
1208
or payment instruments, whichever is greater.
1209
(d) A person who violates this section is also liable for a
1210
civil penalty of not more than the greater of the value of the
1211
currency or payment instruments involved or $25,000.
1212
(9) In any prosecution brought pursuant to this section,
1213
the common law corpus delicti rule does not apply. The
1214
defendant's confession or admission is admissible during trial
1215
without the state having to prove the corpus delicti if the court
1216
finds in a hearing conducted outside the presence of the jury
1217
that the defendant's confession or admission is trustworthy.
1218
Before the court admits the defendant's confession or admission,
1219
the state must prove by a preponderance of the evidence that
1220
there is sufficient corroborating evidence that tends to
1221
establish the trustworthiness of the statement by the defendant.
1222
Hearsay evidence is admissible during the presentation of
1223
evidence at the hearing. In making its determination, the court
1224
may consider all relevant corroborating evidence, including the
1225
defendant's statements.
1226
Section 18. Section 560.1235, Florida Statutes, is created
1227
to read:
1228
560.1235 Anti-money laundering requirements.--
1229
(1) A licensee and authorized agent must comply with all
1230
state and federal laws and rules relating to the detection and
1231
prevention of money laundering, including, as applicable, s.
1232
560.123, and 31 C.F.R. ss. 103.20, 103.22, 103.23, 103.27.
1233
103.28, 103.29, 103.33, 103.37, and 103.41.
1234
(2) A licensee and authorized agent must maintain an anti-
1235
money laundering program in accordance with 31 C.F.R. s. 103.125.
1236
The program must be reviewed and updated as necessary to ensure
1237
that the program continues to be effective in detecting and
1238
deterring money laundering activities.
1239
(3) A licensee must comply with United States Treasury
1240
Interpretive Release 2004-1.
1241
Section 19. Section 560.124, Florida Statutes, is amended
1242
to read:
1243
560.124 Sharing of information.--
1244
(1) It is not unlawful for Any person may to provide
1245
information to a money services business, its transmitter,
1246
authorized agent, law enforcement agency, prosecutorial agency
1247
vendor, or appropriate regulator, or for any money services
1248
business, its transmitter, authorized agent, law enforcement
1249
agency, prosecutorial agency vendor, or appropriate regulator may
1250
to provide information to any person, information about any other
1251
person's known or suspected involvement in a violation of any
1252
state, federal, or foreign law, rule, or regulation relating to
1253
the business of a money services business or deferred present
1254
provider transmitter which has been reported to state, federal,
1255
or foreign authorities, and is not.
1256
(2) No person shall be liable in any civil action for
1257
providing such information.
1258
Section 20. Section 560.125, Florida Statutes, is amended
1259
to read:
1260
560.125 Unlicensed activity Money transmitter business by
1261
unauthorized persons; penalties.--
1262
(1) A person other than a registered money transmitter or
1263
authorized vendor may not engage in the business of a money
1264
services business or deferred presentment provider transmitter in
1265
this state unless the person is licensed or exempted from
1266
licensure under this chapter from the registration requirements
1267
of the code.
1268
(2) Only a money services business licensed under part II
1269
of this chapter may appoint an authorized agent. No person shall
1270
act as a vendor of a money transmitter when such money
1271
transmitter is subject to registration under the code but has not
1272
registered. Any such person acting as the agent of an unlicensed
1273
money transmitter or payment instrument issuer becomes the
1274
principal thereof, and no longer merely acts as an agent a
1275
vendor, and such person is liable to the holder or remitter as a
1276
principal money transmitter or payment instrument seller.
1277
(3) Any person whose substantial interests are affected by
1278
a proceeding brought by the office pursuant to this chapter the
1279
code may, pursuant to s. 560.113, petition any court of competent
1280
jurisdiction to enjoin the person or activity that is the subject
1281
of the proceeding from violating any of the provisions of this
1282
section. For the purpose of this subsection, any money services
1283
business licensed under this chapter transmitter registered
1284
pursuant to the code, any person residing in this state, and any
1285
person whose principal place of business is in this state are
1286
presumed to be substantially affected. In addition, the interests
1287
of a trade organization or association are deemed substantially
1288
affected if the interests of any of its members are so affected.
1289
(4) The office may issue and serve upon any person who
1290
violates any of the provisions of this section a complaint
1291
seeking a cease and desist order or impose an administrative fine
1292
as provided in s. 560.114 in accordance with the procedures and
1293
in the manner prescribed by s. 560.112. The office may also
1294
impose an administrative fine pursuant to s. 560.117(3) against
1295
any person who violates any of the provisions of this section.
1296
(5) A person who violates this section, if the violation
1297
involves:
1298
(a) Currency or payment instruments exceeding $300 but less
1299
than $20,000 in any 12-month period, commits a felony of the
1301
or s. 775.084.
1302
(b) Currency or payment instruments totaling or exceeding
1303
$20,000 but less than $100,000 in any 12-month period, commits a
1304
felony of the second degree, punishable as provided in s.
1306
(c) Currency or payment instruments totaling or exceeding
1307
$100,000 in any 12-month period, commits a felony of the first
1309
1310
(6) In addition to the penalties authorized by s. 775.082,
1312
entered a plea of found guilty of or who has pleaded guilty or
1313
nolo contendere, to having violated this section may be sentenced
1314
to pay a fine of up to not exceeding $250,000 or twice the value
1315
of the currency or payment instruments, whichever is greater,
1316
except that on a second or subsequent violation of this section,
1317
the fine may be up to $500,000 or quintuple the value of the
1318
currency or payment instruments, whichever is greater.
1319
(7) A person who violates this section is also liable for a
1320
civil penalty of not more than the value of the currency or
1321
payment instruments involved or $25,000, whichever is greater.
1322
(8) In any prosecution brought pursuant to this section,
1323
the common law corpus delicti rule does not apply. The
1324
defendant's confession or admission is admissible during trial
1325
without the state having to prove the corpus delicti if the court
1326
finds in a hearing conducted outside the presence of the jury
1327
that the defendant's confession or admission is trustworthy.
1328
Before the court admits the defendant's confession or admission,
1329
the state must prove by a preponderance of the evidence that
1330
there is sufficient corroborating evidence that tends to
1331
establish the trustworthiness of the statement by the defendant.
1332
Hearsay evidence is admissible during the presentation of
1333
evidence at the hearing. In making its determination, the court
1334
may consider all relevant corroborating evidence, including the
1335
defendant's statements.
1336
Section 21. Section 560.126, Florida Statutes, is amended
1337
to read:
1338
560.126 Significant events; notice Required notice by
1339
licensee.--
1340
(1) A licensee Unless exempted by the office, every money
1341
transmitter must provide the office with a written notice sent by
1342
registered mail within 30 days after the occurrence or knowledge
1343
of, whichever period of time is greater, any of the following
1344
events:
1345
(a) The filing of a petition under the United States
1346
Bankruptcy Code for bankruptcy or reorganization by the licensee
1347
money transmitter.
1348
(b) The commencement of an administrative or judicial
1349
license any registration suspension or revocation proceeding,
1350
either administrative or judicial, or the denial of a license any
1351
original registration request or a registration renewal, by any
1352
state, the District of Columbia, any United States territory, or
1353
any foreign country, in which the licensee money transmitter
1354
operates, or plans to operate, or is licensed or has registered
1355
to operate.
1356
(c) A felony indictment relating to a the money services
1357
transmission business or deferred presentment provider involving
1358
the licensee, its authorized agent, or an affiliated money
1359
transmitter or a money transmitter-affiliated party of the money
1360
transmitter.
1361
(d) The felony conviction, guilty plea, or plea of nolo
1362
contendere, regardless of adjudication, of the licensee, its
1363
authorized agent, or an affiliated if the court adjudicates the
1364
nolo contendere pleader guilty, or the adjudication of guilt of a
1365
money transmitter or money transmitter-affiliated party.
1366
(e) The interruption of any corporate surety bond required
1367
under this chapter by the code.
1368
(f) Any suspected criminal act, as defined by the
1369
commission by rule, perpetrated in this state relating to
1370
activities regulated under this chapter by an affiliated party
1371
against a money services business or its authorized agent
1372
transmitter or authorized vendor.
1373
(g) Notification by a law enforcement or prosecutorial
1374
agency that the licensee or its authorized agent is under
1375
criminal investigation including, but not limited to, subpoenas
1376
to produce records or testimony and warrants issued by a court of
1377
competent jurisdiction which authorize the search and seizure of
1378
any records relating to a business activity regulated under this
1379
chapter.
1380
1381
However, a person does not incur liability as a result of making
1382
a good faith effort to fulfill this disclosure requirement.
1383
(2)(a) A licensee must Each registrant under this code
1384
shall report, on a form adopted prescribed by rule of the
1385
commission, any change in the information contained in an any
1386
initial license application form, or any amendment to such
1387
application, or the appointment of an authorized agent within
1388
thereto not later than 30 days after the change is effective.
1389
(3)(b) Each licensee must registrant under the code shall
1390
report any change changes in the partners, officers, members,
1391
joint venturers, directors, controlling shareholders, or
1392
responsible persons of the licensee any registrant or changes in
1393
the form of business organization by written amendment in such
1394
form and at such time as specified the commission specifies by
1395
rule.
1396
(a)1. If In any case in which a person or a group of
1397
persons, directly or indirectly or acting by or through one or
1398
more persons, proposes to purchase or acquire a controlling
1399
interest in a licensee, such person or group must submit an
1400
initial application for licensure registration as a money
1401
services business or deferred presentment provider transmitter
1402
before such purchase or acquisition at such time and in such form
1403
as prescribed the commission prescribes by rule.
1404
2. As used in this subsection, the term "controlling
1405
interest" means the same as described in s. 560.127 possession of
1406
the power to direct or cause the direction of the management or
1407
policies of a company whether through ownership of securities, by
1408
contract, or otherwise. Any person who directly or indirectly has
1409
the right to vote 25 percent or more of the voting securities of
1410
a company or is entitled to 25 percent or more of its profits is
1411
presumed to possess a controlling interest.
1412
(b)3. The Any addition of a partner, officer, member, joint
1413
venturer, director, controlling shareholder, or responsible
1414
person of the applicant who does not have a controlling interest
1415
and who has not previously complied with the applicable
1417
shall be subject to such provisions unless required to file an
1418
initial application in accordance with subparagraph 1. If the
1419
office determines that the licensee registrant does not continue
1420
to meet the licensure registration requirements, the office may
1421
bring an administrative action in accordance with s. 560.114 to
1422
enforce the provisions of this chapter code.
1423
(c)4. The commission shall adopt rules pursuant to ss.
1425
application required by this subsection if the person or group of
1426
persons proposing to purchase or acquire a controlling interest
1427
in a licensee registrant has previously complied with the
1428
applicable provisions of ss. 560.140 and 560.141 under ss.
1430
licensed registered with the office under this chapter code.
1431
Section 22. Section 560.127, Florida Statutes, is amended
1432
to read:
1433
560.127 Control of a money services business
1434
transmitter.--A person has a controlling interest in control over
1435
a money services business transmitter if the person:
1436
(1) the individual, partnership, corporation, trust, or
1437
other organization possesses the power, directly or indirectly,
1438
to direct the management or policies of the money services
1439
business a company, whether through ownership of securities, by
1440
contract, or otherwise. A person is presumed to have control a
1441
company if the, with respect to a particular company, that
1442
person:
1443
(1)(a) Is a director, general partner, managing member, or
1444
officer exercising executive responsibility or having similar
1445
status or functions;
1446
(2)(b) Directly or indirectly may vote 25 percent or more
1447
of a class of a voting security or sell or direct the sale of 25
1448
percent or more of a class of voting securities; or
1449
(3)(c) In the case of a partnership, may receive upon
1450
dissolution or has contributed 25 percent or more of the capital.
1451
(2) The office determines, after notice and opportunity for
1452
hearing, that the person directly or indirectly exercises a
1453
controlling influence over the activities of the money
1454
transmitter.
1455
Section 23. Section 560.128, Florida Statutes, is amended
1456
to read:
1457
560.128 Customer contacts; license display Consumer
1458
disclosure.--
1459
(1) A money services business or its authorized agent must
1460
provide each customer with Every money transmitter and authorized
1461
vendor shall provide each consumer of a money transmitter
1462
transaction a toll-free telephone number for the purpose of
1463
contacting the money services business or its authorized agent
1464
or, consumer contacts; However, in lieu of a such toll-free
1465
telephone number, the money transmitter or authorized vendor may
1466
provide the address and telephone number of the office may be
1467
provided and the Division of Consumer Services of the Department
1468
of Financial Services.
1469
(2) The commission may by rule require a licensee every
1470
money transmitter to display its license registration at each
1471
location, including the location of each person designated by the
1472
registrant as an authorized vendor, where the licensee the money
1473
transmitter engages in the activities authorized by the license
1474
registration.
1475
Section 24. Section 560.129, Florida Statutes, is amended
1476
to read:
1477
560.129 Confidentiality.--
1478
(1)(a) Except as otherwise provided in this section, all
1479
information concerning an investigation or examination conducted
1480
by the office pursuant to this chapter, including any customer
1481
consumer complaint received by the office, the commission, or the
1482
Department of Financial Services, is confidential and exempt from
1483
s. 119.07(1) and s. 24(a), Art. I of the State Constitution until
1484
the investigation or examination ceases to be active. For
1485
purposes of this section, an investigation or examination is
1486
considered "active" so long as the office or any other
1487
administrative, regulatory, or law enforcement agency of any
1488
jurisdiction is proceeding with reasonable dispatch and has a
1489
reasonable good faith belief that action may be initiated by the
1490
office or other administrative, regulatory, or law enforcement
1491
agency.
1492
(2)(b) Notwithstanding paragraph (a), All information
1493
obtained by the office in the course of its investigation or
1494
examination which is a trade secret, as defined in s. 688.002, or
1495
which is personal financial information shall remain confidential
1496
and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
1497
Constitution. If any administrative, civil, or criminal
1498
proceeding against a the money services business, its authorized
1499
agent, transmitter or an affiliated a money transmitter-
1500
affiliated party is initiated and the office seeks to use matter
1501
that a licensee registrant believes to be a trade secret or
1502
personal financial information, such records shall be subject to
1503
an in camera review by the administrative law judge, if the
1504
matter is before the Division of Administrative Hearings, or a
1505
judge of any court of this state, any other state, or the United
1506
States, as appropriate, for the purpose of determining if the
1507
matter is a trade secret or is personal financial information. If
1508
it is determined that the matter is a trade secret, the matter
1509
shall remain confidential. If it is determined that the matter is
1510
personal financial information, the matter shall remain
1511
confidential unless the administrative law judge or judge
1512
determines that, in the interests of justice, the matter should
1513
become public.
1514
(3)(c) If an any administrative, civil, or criminal
1515
proceeding against a the money services business, its authorized
1516
agent, transmitter or an affiliated a money transmitter-
1517
affiliated party results in an acquittal or the dismissal of all
1518
of the allegations against the money transmitter or a money
1519
transmitter-affiliated party, upon the request of any party, the
1520
administrative law judge or the judge may order all or a portion
1521
of the record of the proceeding to be sealed, and it shall
1522
thereafter be confidential and exempt from s. 119.07(1) and s.
1523
24(a), Art. I of the State Constitution.
1524
(4)(d) Except as necessary for the office or any other
1525
administrative, regulatory, or law enforcement agency of any
1526
jurisdiction to enforce the provisions of this chapter or the law
1527
of any other state or the United States, a consumer complaint and
1528
other information concerning an investigation or examination
1529
shall remain confidential and exempt from s. 119.07(1) and s.
1530
24(a), Art. I of the State Constitution after the investigation
1531
or examination ceases to be active to the extent that disclosure
1532
would:
1533
(a)1. Jeopardize the integrity of another active
1534
investigation;
1535
(b)2. Reveal personal financial information;
1536
(c)3. Reveal the identity of a confidential source; or
1537
(d)4. Reveal investigative techniques or procedures.
1538
(5)(2) This section does not prevent or restrict:
1539
(a) Furnishing records or information to any appropriate
1540
regulatory, prosecutorial, agency or law enforcement agency if
1541
such agency adheres to the confidentiality provisions of this
1542
chapter the code;
1543
(b) Furnishing records or information to an appropriate
1544
regulator or independent third party or a certified public
1545
accountant who has been approved by the office to conduct an
1547
independent third party or certified public accountant adheres to
1548
the confidentiality provisions of this chapter the code; or
1549
(c) Reporting any suspicious suspected criminal activity,
1550
with supporting documents and information, to appropriate
1551
regulatory, law enforcement, or prosecutorial agencies.
1552
(6)(3) All quarterly reports submitted by a money
1554
are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
1555
I of the State Constitution.
1556
(4) Examination reports, investigatory records,
1557
applications, and related information compiled by the office, or
1558
photographic copies thereof, shall be retained by the office for
1559
a period of at least 3 years following the date that the
1560
examination or investigation ceases to be active. Application
1561
records, and related information compiled by the office, or
1562
photographic copies thereof, shall be retained by the office for
1563
a period of at least 2 years following the date that the
1564
registration ceases to be active.
1565
(7)(5) Any person who willfully discloses information made
1566
confidential by this section commits a felony of the third
1568
Section 25. Section 560.140, Florida Statutes, is created
1569
to read:
1570
560.140 Licensing standards.--To qualify for licensure as a
1571
money services business under this chapter, an applicant must:
1572
(1) Demonstrate to the office the character and general
1573
fitness necessary to command the confidence of the public and
1574
warrant the belief that the money services business or deferred
1575
presentment provider shall be operated lawfully and fairly.
1576
(2) Be legally authorized to do business in this state.
1577
(3) Be registered as a money services business with the
1578
Financial Crimes Enforcement Network as required by 31 C.F.R. s.
1579
103.41, if applicable.
1580
(4) Have an anti-money laundering program in place which
1581
meets the requirements of 31 C.F.R. s. 103.125.
1582
(5) Provide the office with all the information required
1583
under this chapter and related rules.
1584
Section 26. Section 560.141, Florida Statutes, is created
1585
to read:
1586
560.141 License application.--
1587
(1) To apply for a license as a money services business
1588
under this chapter the applicant must:
1589
(a) Submit an application to the office on forms prescribed
1590
by rule which includes the following information:
1591
1. The legal name and address of the applicant, including
1592
any fictitious or trade names used by the applicant in the
1593
conduct of its business.
1594
2. The date of the applicant's formation and the state in
1595
which the applicant was formed, if applicable.
1596
3. The name, social security number, alien identification
1597
or taxpayer identification number, business and residence
1598
addresses, and employment history for the past 5 years for each
1599
officer, director, responsible person, the compliance officer,
1600
each controlling shareholder, any other person who has a
1601
controlling interest in the money services business as provided
1602
in s. 560.127.
1603
4. A description of the organizational structure of the
1604
applicant, including the identity of any parent or subsidiary of
1605
the applicant, and the disclosure of whether any parent or
1606
subsidiary is publicly traded.
1607
5. The applicant's history of operations in other states if
1608
applicable and a description of the money services business or
1609
deferred presentment provider activities proposed to be conducted
1610
by the applicant in this state.
1611
6. If the applicant or its parent is a publicly traded
1612
company, copies of all filings made by the applicant with the
1613
United States Securities and Exchange Commission, or with a
1614
similar regulator in a country other than the United States,
1615
within the preceding year.
1616
7. The location at which the applicant proposes to
1617
establish its principal place of business and any other location,
1618
including branch offices and authorized agents operating in this
1619
state. For each branch office identified and each authorized
1620
agent appointed, the applicant shall include the nonrefundable
1621
fee required by s. 560.143.
1622
8. The name and address of the clearing financial
1623
institution or financial institutions through which the
1624
applicant's payment instruments are drawn or through which the
1625
payment instruments are payable.
1626
8. The history of the applicant's material litigation,
1627
criminal convictions, pleas of nolo contendere, and cases of
1628
adjudication withheld.
1629
9. The history of material litigation, arrests, criminal
1630
convictions, pleas of nolo contendere, and cases of adjudication
1631
withheld for each executive officer, director, controlling
1632
shareholder, and responsible person.
1633
10. The name of the registered agent in this state for
1634
service of process unless the applicant is a sole proprietor.
1635
11. Any other information specified in this chapter or by
1636
rule.
1637
(b) In addition to the application form, submit:
1638
1. A nonrefundable application fee as provided in s.
1639
560.143.
1640
2. A fingerprint card for each of the persons listed in
1641
subparagraph (a)3. unless the applicant is a publicly traded
1642
corporation, or is exempted from this chapter under s.
1643
560.104(1). The fingerprints must be taken by an authorized law
1644
enforcement agency. The office shall submit the fingerprints to
1645
the Department of Law Enforcement for state processing and the
1646
Department of Law Enforcement shall forward the fingerprints to
1647
the Federal Bureau of Investigations for federal processing. The
1648
cost of the fingerprint processing may be borne by the office,
1649
the employer, or the person subject to the criminal records
1650
background check. The office shall screen the background results
1651
to determine if the applicant meets licensure requirements. As
1652
used in this section, the term "publicly traded" means a stock is
1653
currently traded on a national securities exchange registered
1654
with the federal Securities and Exchange Commission or traded on
1655
an exchange in a country other than the United States regulated
1656
by a regulator equivalent to the Securities and Exchange
1657
Commission and the disclosure and reporting requirements of such
1658
regulator are substantially similar to those of the commission.
1659
3. A copy of the applicant's written anti-money laundering
1660
program required under 31 C.F.R. s. 103.125.
1661
4. Within the time allotted by rule, any information needed
1662
to resolve any deficiencies found in the application.
1663
(2) If the office determines that the applicant meets the
1664
qualifications and requirements of this chapter, the office shall
1665
issue a license to the applicant. A license may not be issued for
1666
more than 2 years.
1667
(a) A license issued under part II of this chapter shall
1668
expire on April 30 of the second year following the date of
1669
issuance of the license unless during such period the license is
1670
surrendered, suspended, or revoked.
1671
(b) A license issued under part III of this chapter shall
1672
expire on December 31 of the second year following the date of
1673
issuance of the license unless during such period the license is
1674
surrendered, suspended, or revoked.
1675
Section 27. Section 560.142, Florida Statutes, is created
1676
to read:
1677
560.142 License renewal.--
1678
(1) A license may be renewed for a subsequent 2-year period
1679
by furnishing such application as required by rule, together with
1680
the payment of a nonrefundable renewal fee as provided under s.
1681
560.143, on or before the license expiration date, or for the
1682
remainder of any such period without proration following the date
1683
of license expiration.
1684
(2) In addition to the renewal fee, each part II licensee
1685
must pay a 2-year nonrefundable renewal fee as provided in s.
1686
560.143 for each authorized agent or location operating within
1687
this state.
1688
(3) A licensee who has on file with the office a
1689
declaration of intent to engage in deferred presentment
1690
transactions may renew a declaration upon license renewal by
1691
submitting a nonrefundable deferred presentment provider renewal
1692
fee as provided in s. 560.143.
1693
(4) If a license or declaration of intent to engage in
1694
deferred presentment transactions expires, the license or
1695
declaration of intent may be reinstated only if a renewal
1696
application or declaration of intent, all required renewal fees,
1697
and any applicable late fees are received by the office within 60
1698
days after expiration. If not submitted within 60 days, the
1699
license or declaration on intent expires and a new license
1700
application or declaration of intent must be filed with the
1701
office pursuant to this chapter.
1702
(5) The commission may adopt rules to administer this
1703
section.
1704
Section 28. Section 560.143, Florida Statutes, is created
1705
to read:
1706
560.143 Fees.--
1707
(1) LICENSE APPLICATION FEES.--The applicable non-
1708
refundable fees must accompany an application for licensure:
1709
(a) Under part II $500.
1710
(b) Part III $250.
1711
(c) Per branch office $50.
1712
(d) For each appointment of an authorized agent $50.
1713
(e) Declaration as a deferred presentment provider $1,000.
1714
(f) Fingerprint fees as prescribed by rule.
1715
(2) LICENSE RENEWAL FEES.--The applicable non-refundable
1716
license renewal fees must accompany a renewal of licensure:
1717
(a) Part II 1,000.
1718
(b) Part III $500.
1719
(c) Per branch office $50.
1720
(d) For each appointment of an authorized agents $50.
1721
(e) Declaration as a deferred presentment provider $1,000.
1722
(f) Renewal fees for branch offices and authorized agents
1723
are limited to $20,000 biennially.
1724
(3) LATE LICENSE RENEWAL FEES.--
1725
(a) Part II $500.
1726
(b) Part III $250.
1727
(c) Declaration as a deferred presentment provider $500.
1728
Section 29. Section 560.203, Florida Statutes, is amended
1729
to read:
1730
560.203 Exemptions from licensure.--Authorized agents
1731
vendors of a licensee registrant acting within the scope of
1732
authority conferred by the licensee are registrant shall be
1733
exempt from licensure but are having to register pursuant to the
1734
code but shall otherwise be subject to the its provisions of this
1735
chapter.
1736
Section 30. Section 560.204, Florida Statutes, is amended
1737
to read:
1738
560.204 License required Requirement of registration.--
1739
(1) Unless exempted, a No person may not shall engage in
1740
for consideration, or nor in any manner advertise that they
1741
engage, in, the selling or issuing of payment instruments or in
1742
the activity of a money funds transmitter, for compensation,
1743
without first obtaining a license registration under the
1744
provisions of this part. For purposes of this section,
1745
"compensation" includes profit or loss on the exchange of
1746
currency.
1747
(2) A licensee under this part person registered pursuant
1748
to this part is permitted to engage in the activities authorized
1749
by this part. A person registered pursuant to this part may also
1750
engage in the activities authorized under part III of this
1751
chapter without the imposition of any additional licensing fees
1752
and is exempt from the registration fee required by s. 560.307.
1753
Section 31. Section 560.205, Florida Statutes, is amended
1754
to read:
1755
560.205 Additional license application requirements
1756
Qualifications of applicant for registration; contents.--In
1757
addition to the license application requirements under part I of
1758
this chapter, an applicant seeking a license under this part must
1759
also submit to the office:
1760
(1) A sample authorized agent contract, if applicable.
1761
(2) A sample form of payment instrument, if applicable.
1762
(3) Documents demonstrating that the net worth and bonding
1763
requirements specified in s. 560.209 have been fulfilled.
1764
(4) A copy of the applicant's financial audit report for
1765
the most recent fiscal year.
1766
(1) To qualify for registration under this part, an
1767
applicant must demonstrate to the office such character and
1768
general fitness as to command the confidence of the public and
1769
warrant the belief that the registered business will be operated
1770
lawfully and fairly. The office may investigate each applicant to
1771
ascertain whether the qualifications and requirements prescribed
1772
by this part have been met. The office's investigation may
1773
include a criminal background investigation of all controlling
1774
shareholders, principals, officers, directors, members, and
1775
responsible persons of a funds transmitter and a payment
1776
instrument seller and all persons designated by a funds
1777
transmitter or payment instrument seller as an authorized vendor.
1778
Each controlling shareholder, principal, officer, director,
1779
member, and responsible person of a funds transmitter or payment
1780
instrument seller, unless the applicant is a publicly traded
1781
corporation as defined by the commission by rule, a subsidiary
1782
thereof, or a subsidiary of a bank or bank holding company
1783
organized and regulated under the laws of any state or the United
1784
States, shall file a complete set of fingerprints. A fingerprint
1785
card submitted to the office must be taken by an authorized law
1786
enforcement agency. The office shall submit the fingerprints to
1787
the Department of Law Enforcement for state processing, and the
1788
Department of Law Enforcement shall forward the fingerprints to
1789
the Federal Bureau of Investigation for state and federal
1790
processing. The cost of the fingerprint processing may be borne
1791
by the office, the employer, or the person subject to the
1792
background check. The Department of Law Enforcement shall submit
1793
an invoice to the office for the fingerprints received each
1794
month. The office shall screen the background results to
1795
determine if the applicant meets licensure requirements. The
1796
commission may waive by rule the requirement that applicants file
1797
a set of fingerprints or the requirement that such fingerprints
1798
be processed by the Department of Law Enforcement or the Federal
1799
Bureau of Investigation.
1800
(2) Each application for registration must be submitted
1801
under oath to the office on such forms as the commission
1802
prescribes by rule and must be accompanied by a nonrefundable
1803
application fee. Such fee may not exceed $500 for each payment
1804
instrument seller or funds transmitter and $50 for each
1805
authorized vendor or location operating within this state. The
1806
application must contain such information as the commission
1807
requires by rule, including, but not limited to:
1808
(a) The name and address of the applicant, including any
1809
fictitious or trade names used by the applicant in the conduct of
1810
its business.
1811
(b) The history of the applicant's material litigation,
1812
criminal convictions, pleas of nolo contendere, and cases of
1813
adjudication withheld.
1814
(c) A description of the activities conducted by the
1815
applicant, the applicant's history of operations, and the
1816
business activities in which the applicant seeks to engage in
1817
this state.
1818
(d) A sample authorized vendor contract, if applicable.
1819
(e) A sample form of payment instrument, if applicable.
1820
(f) The name and address of the clearing financial
1821
institution or financial institutions through which the
1822
applicant's payment instruments will be drawn or through which
1823
such payment instruments will be payable.
1824
(g) Documents revealing that the net worth and bonding
1825
requirements specified in s. 560.209 have been or will be
1826
fulfilled.
1827
(3) Each application for registration by an applicant that
1828
is a corporation shall contain such information as the commission
1829
requires by rule, including, but not limited to:
1830
(a) The date of the applicant's incorporation and state of
1831
incorporation.
1832
(b) A certificate of good standing from the state or
1833
country in which the applicant was incorporated.
1834
(c) A description of the corporate structure of the
1835
applicant, including the identity of any parent or subsidiary of
1836
the applicant, and the disclosure of whether any parent or
1837
subsidiary is publicly traded on any stock exchange.
1838
(d) The name, social security number, business and
1839
residence addresses, and employment history for the past 5 years
1840
for each executive officer, each director, each controlling
1841
shareholder, and the responsible person who will be in charge of
1842
all the applicant's business activities in this state.
1843
(e) The history of material litigation and criminal
1844
convictions, pleas of nolo contendere, and cases of adjudication
1845
withheld for each officer, each director, each controlling
1846
shareholder, and the responsible person who will be in charge of
1847
the applicant's registered activities.
1848
(f) Copies of the applicant's audited financial statements
1849
for the current year and, if available, for the immediately
1850
preceding 2-year period. In cases where the applicant is a wholly
1851
owned subsidiary of another corporation, the parent's
1852
consolidated audited financial statements may be submitted to
1853
satisfy this requirement. An applicant who is not required to
1854
file audited financial statements may satisfy this requirement by
1855
filing unaudited financial statements verified under penalty of
1856
perjury, as provided by the commission by rule.
1857
(g) An applicant who is not required to file audited
1858
financial statements may file copies of the applicant's
1859
unconsolidated, unaudited financial statements for the current
1860
year and, if available, for the immediately preceding 2-year
1861
period.
1862
(h) If the applicant is a publicly traded company, copies
1863
of all filings made by the applicant with the United States
1864
Securities and Exchange Commission, or with a similar regulator
1865
in a country other than the United States, within the year
1866
preceding the date of filing of the application.
1867
(4) Each application for registration submitted to the
1868
office by an applicant that is not a corporation shall contain
1869
such information as the commission requires by rule, including,
1870
but not limited to:
1871
(a) Evidence that the applicant is registered to do
1872
business in this state.
1873
(b) The name, business and residence addresses, personal
1874
financial statement and employment history for the past 5 years
1875
for each individual having a controlling ownership interest in
1876
the applicant, and each responsible person who will be in charge
1877
of the applicant's registered activities.
1878
(c) The history of material litigation and criminal
1879
convictions, pleas of nolo contendere, and cases of adjudication
1880
withheld for each individual having a controlling ownership
1881
interest in the applicant and each responsible person who will be
1882
in charge of the applicant's registered activities.
1883
(d) Copies of the applicant's audited financial statements
1884
for the current year, and, if available, for the preceding 2
1885
years. An applicant who is not required to file audited financial
1886
statements may satisfy this requirement by filing unaudited
1887
financial statements verified under penalty of perjury, as
1888
provided by the commission by rule.
1889
(5) Each applicant shall designate and maintain an agent in
1890
this state for service of process.
1891
Section 32. Effective January 1, 2009, section 560.208,
1892
Florida Statutes, is amended to read:
1893
560.208 Conduct of business.--In addition to the
1894
requirements specified in s. 560.140, a licensee under this part:
1895
(1) A registrant May conduct its business at one or more
1896
locations within this state through branches or by means of
1897
authorized agents vendors, as designated by the licensee
1898
registrant, including the conduct of business through electronic
1899
transfer, such as by the telephone or the Internet.
1900
(2) Notwithstanding and without violating s. 501.0117, a
1901
registrant may charge a different price for a money transmitter
1902
funds transmission service based on the mode of transmission used
1903
in the transaction as, so long as the price charged for a service
1904
paid for with a credit card is not more greater than the price
1905
charged when the that service is paid for with currency or other
1906
similar means accepted within the same mode of transmission.
1907
(3) Is responsible for the acts of its authorized agents in
1908
accordance with the terms of its written contract with the agent.
1909
(4) Shall place assets that are the property of a customer
1910
in a segregated account in a federally insured financial
1911
institution and shall maintain separate accounts for operating
1912
capital and the clearing of customer funds.
1913
(5) Shall, in the normal course of business, ensure that
1914
money transmitted is available to the designated recipient within
1915
10 business days after receipt.
1916
(6) Shall immediately upon receipt of currency or payment
1917
instrument provide a confirmation or sequence number to the
1918
customer verbally, by paper, or electronically.
1919
(2) Within 60 days after the date a registrant either opens
1920
a location within this state or authorizes an authorized vendor
1921
to operate on the registrant's behalf within this state, the
1922
registrant shall notify the office on a form prescribed by the
1923
commission by rule. The notification shall be accompanied by a
1924
nonrefundable $50 fee for each authorized vendor or location.
1925
Each notification shall also be accompanied by a financial
1926
statement demonstrating compliance with s. 560.209(1), unless
1927
compliance has been demonstrated by a financial statement filed
1928
with the registrant's quarterly report in compliance with s.
1929
560.118(2). The financial statement must be dated within 90 days
1930
of the date of designation of the authorized vendor or location.
1931
This subsection shall not apply to any authorized vendor or
1932
location that has been designated by the registrant before
1933
October 1, 2001.
1934
(3) Within 60 days after the date a registrant closes a
1935
location within this state or withdraws authorization for an
1936
authorized vendor to operate on the registrant's behalf within
1937
this state, the registrant shall notify the office on a form
1938
prescribed by the commission by rule.
1939
Section 33. Effective January 1, 2009, section 560.2085,
1940
Florida Statutes, is created to read:
1941
560.2085 Authorized agents.--A licensee under this part
1942
shall:
1943
(1) Within 60 days after an authorized agent commences
1944
business, file with the office such information as prescribed by
1945
rule together with the nonrefundable appointment fee as provided
1946
by s. 560.143. This requirement applies to agents who are also
1947
terminated within the 60-day period.
1948
(2) Enter into a written contract, signed by the licensee
1949
and the authorized agent, which:
1950
(a) Sets forth the nature and scope of the relationship
1951
between the licensee and the authorized agent, including the
1952
respective rights and responsibilities of the parties; and
1953
(b) Includes contract provisions that require the
1954
authorized agent to:
1955
1. Report to the licensee, immediately upon discovery, the
1956
theft or loss of currency received for a transmission or payment
1957
instrument;
1958
2. Display a notice to the public, in such form as
1959
prescribed by rule, that the agent is the authorized agent of the
1960
licensee;
1961
3. Remit all amounts owed to the licensee for all
1962
transmissions accepted and all payment instruments sold in
1963
accordance with the contract between the licensee and the
1964
authorized agent;
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
5. Not commingle the money received for transmissions
1971
accepted or payment instruments sold on behalf of the licensee
1972
with the money or property of the authorized agent, except for
1973
making change in the ordinary course of the agent's business, and
1974
ensure that the money is accounted for at the end of the business
1975
day;
1976
6. Consent to examination or investigation by the office;
1977
7. Adhere to the applicable state and federal laws and
1978
rules pertaining to a money services business; and
1979
8. Provide such other information or disclosure as may be
1980
required by rule.
1981
(3) Develop and implement written policies and procedures
1982
to monitor compliance with applicable state and federal law by
1983
its authorized agents.
1984
Section 34. Section 560.209, Florida Statutes, is amended
1985
to read:
1986
560.209 Net worth; corporate surety bond; collateral
1987
deposit in lieu of bond.--
1988
(1) A licensee must Any person engaging in a registered
1989
activity shall have a net worth of at least $100,000 computed
1990
according to generally accepted accounting principles. A licensee
1991
operating in Applicants proposing to conduct registered
1992
activities at more than one location must shall have an
1993
additional net worth of $10,000 $50,000 per location in this
1994
state, up as applicable, to a maximum of $2 million $500,000. The
1995
required net worth must be maintained at all times.
1996
(2) A licensee must obtain an annual financial audit
1997
report, which must be submitted to the office within 120 days
1998
after the end of the licensee's fiscal year end, as disclosed to
1999
the office.
2000
(3)(2) Before the office may issue a license under this
2001
part registration, the applicant must provide to the office a
2002
corporate surety bond, issued by a bonding company or insurance
2003
company authorized to do business in this state.
2004
(a) The corporate surety bond shall be in an such amount as
2005
specified may be determined by commission rule, but may shall not
2006
be less than $50,000 or exceed $2 million $250,000. The rule
2007
shall provide allowances for the financial condition, number of
2008
locations, and anticipated volume of the licensee. However, the
2009
commission and office may consider extraordinary circumstances,
2010
such as the registrant's financial condition, the number of
2011
locations, and the existing or anticipated volume of outstanding
2012
payment instruments or funds transmitted, and require an
2013
additional amount above $250,000, up to $500,000.
2014
(b) The corporate surety bond must shall be in a form
2015
satisfactory to the office and shall run to the state for the
2016
benefit of any claimants in this state against the applicant or
2017
its authorized agents vendors to secure the faithful performance
2018
of the obligations of the applicant and its agents authorized
2019
vendors with respect to the receipt, handling, transmission, and
2020
payment of funds. The aggregate liability of the corporate surety
2021
bond may not in no event shall exceed the principal sum of the
2022
bond. Such Claimants against the applicant or its authorized
2023
agent vendors may themselves bring suit directly on the corporate
2024
surety bond, or the Department of Legal Affairs may bring suit
2025
thereon on behalf of the such claimants, in either one action or
2026
in successive actions.
2027
(c) The A corporate surety bond filed with the office for
2028
purposes of compliance with this section may not be canceled by
2029
either the licensee registrant or the corporate surety except
2030
upon written notice to the office by registered or certified mail
2031
with return receipt requested. A cancellation may shall not take
2032
effect until less than 30 days after receipt by the office of the
2033
such written notice.
2034
(d) The corporate surety must, within 10 days after it pays
2035
any claim to any claimant, give written notice to the office by
2036
registered or certified mail of such payment with details
2037
sufficient to identify the claimant and the claim or judgment so
2038
paid.
2039
(e) If Whenever the principal sum of the such bond is
2040
reduced by one or more recoveries or payments, the licensee
2041
registrant must furnish a new or additional bond so that the
2042
total or aggregate principal sum of the such bond equals the sum
2043
required pursuant to paragraph (a) by the commission.
2044
Alternatively, a licensee registrant may furnish an endorsement
2045
executed by the corporate surety reinstating the bond to the
2046
required principal sum thereof.
2047
(4)(3) In lieu of a such corporate surety bond, or of any
2048
portion of the principal sum thereof required by this section,
2049
the applicant may deposit collateral cash, securities, or
2050
alternative security devices as provided by rule approved by the
2051
commission, with a any federally insured financial institution.
2052
(a) Acceptable collateral deposit items in lieu of a bond
2053
include cash and interest-bearing stocks and bonds, notes,
2054
debentures, or other obligations of the United States or any
2055
agency or instrumentality thereof, or guaranteed by the United
2056
States, or of this state.
2057
(b) The collateral deposit must be in an aggregate amount,
2058
based upon principal amount or market value, whichever is lower,
2059
of at least not less than the amount of the required corporate
2060
surety bond or portion thereof.
2061
(c) Collateral deposits must made under this subsection
2062
shall be pledged to the office and held by the insured financial
2063
institution to secure the same obligations as would the corporate
2064
surety bond, but the depositor is entitled to receive any all
2065
interest and dividends thereon and may, with the approval of the
2066
office, substitute other securities or deposits for those
2067
deposited. The principal amount of the deposit shall be released
2068
only on written authorization of the office or on the order of a
2069
court of competent jurisdiction.
2070
(5)(4) A licensee registrant must at all times have and
2071
maintain the bond or collateral deposit in the required amount
2072
prescribed by the commission. If the office at any time
2073
reasonably determines that the bond or elements of the collateral
2074
deposit are insecure, deficient in amount, or exhausted in whole
2075
or in part, the office may, by written order, require the filing
2076
of a new or supplemental bond or the deposit of new or additional
2077
collateral deposit items.
2078
(6)(5) The bond and collateral deposit shall remain in
2079
place for 5 years after the licensee registrant ceases licensed
2080
registered operations in this state. The office may allow permit
2081
the bond or collateral deposit to be reduced or eliminated prior
2082
to that time to the extent that the amount of the licensee's
2083
registrant's outstanding payment instruments or money funds
2084
transmitted in this state are reduced. The office may also allow
2085
a licensee permit a registrant to substitute a letter of credit
2086
or such other form of acceptable security for the bond or
2087
collateral deposit at the time the licensee registrant ceases
2088
licensed money transmission operations in this state.
2089
(6) The office may waive or reduce a registrant's net worth
2090
or bond or collateral deposit requirement. Such waiver or
2091
modification must be requested by the applicant or registrant,
2092
and may be granted upon a showing by the applicant or registrant
2093
to the satisfaction of the office that:
2094
(a) The existing net worth, bond, or collateral deposit
2095
requirement is sufficiently in excess of the registrant's highest
2096
potential level of outstanding payment instruments or money
2097
transmissions in this state;
2098
(b) The direct and indirect cost of meeting the net worth,
2099
bond, or collateral deposit requirement will restrict the ability
2100
of the money transmitter to effectively serve the needs of its
2101
customers and the public; or
2102
(c) The direct and indirect cost of meeting the net worth,
2103
bond, or collateral requirement will not only have a negative
2104
impact on the money transmitter but will severely hinder the
2105
ability of the money transmitter to participate in and promote
2106
the economic progress and welfare of this state or the United
2107
States.
2108
Section 35. Section 560.210, Florida Statutes, is amended
2109
to read:
2110
560.210 Permissible investments.--
2111
(1) A licensee must registrant shall at all times possess
2112
permissible investments with an aggregate market value,
2113
calculated in accordance with United States generally accepted
2114
accounting principles, of at least not less than the aggregate
2115
face amount of all outstanding money funds transmissions and
2116
payment instruments issued or sold by the licensee registrant or
2117
an authorized agent vendor in the United States. As used in this
2118
section,
2119
(2) Acceptable permissible investments include:
2120
(a) Cash.
2121
(b) Certificates of deposit or other deposit liabilities of
2122
a domestic or foreign financial institution, either domestic or
2123
foreign.
2124
(c) Bankers' acceptances eligible for purchase by member
2125
banks of the Federal Reserve System.
2126
(d) An investment bearing a rating of one of the three
2127
highest grades as defined by a nationally recognized rating
2128
service of such securities.
2129
(e) Investment securities that are obligations of the
2130
United States, its agencies or instrumentalities, or obligations
2131
that are guaranteed fully as to principal and interest by the
2132
United States, or any obligations of any state or municipality,
2133
or any political subdivision thereof.
2134
(f) Shares in a money market mutual fund.
2135
(g) A demand borrowing agreement or agreements made to a
2136
corporation or a subsidiary of a corporation whose capital stock
2137
is listed on a national exchange.
2138
(h) Receivables that are due to a licensee registrant from
2139
the licensee's registrant's authorized agent vendors except those
2140
that are more than 90 30 days past due or are doubtful of
2141
collection.
2142
(i) Any other investment approved by rule the commission.
2143
(2)(3) Notwithstanding any other provision of this part,
2144
the office, with respect to any particular licensee registrant or
2145
all licensees registrants, may limit the extent to which any
2146
class of permissible investments may be considered a permissible
2147
investment, except for cash and certificates of deposit.
2148
(3)(4) The office may waive the permissible investments
2149
requirement if the dollar value of a licensee's registrant's
2150
outstanding payment instruments and money funds transmitted do
2151
not exceed the bond or collateral deposit posted by the licensee
2152
registrant under s. 560.209.
2153
Section 36. Section 560.211, Florida Statutes, is amended
2154
to read:
2155
560.211 Required records.--
2156
(1) In addition to the record retention requirements under
2157
s. 560.110, each licensee under this part Each registrant must
2158
make, keep, and preserve the following books, accounts, records,
2159
and documents other records for 5 a period of 3 years:
2160
(a) A daily record or records of payment instruments sold
2161
and money funds transmitted.
2162
(b) A general ledger containing all asset, liability,
2163
capital, income, and expense accounts, which general ledger shall
2164
be posted at least monthly.
2165
(c) Daily settlement records sheets received from
2166
authorized agents vendors.
2167
(d) Monthly financial institution statements and
2168
reconciliation records.
2169
(e) Records of outstanding payment instruments and money
2170
funds transmitted.
2171
(f) Records of each payment instrument paid and money funds
2172
transmission delivered within the 3-year period.
2173
(g) A list of the names and addresses of all of the
2174
licensee's registrant's authorized agents vendors, as well as
2175
copies of each authorized vendor contract.
2176
(h) Records that document the establishment, monitoring,
2177
and termination of relationships with authorized agents and
2178
foreign affiliates.
2179
(i) Any additional records, as prescribed by rule, designed
2180
to detect and prevent money laundering.
2181
(2) The records required to be maintained by the code may
2182
be maintained by the registrant at any location if the registrant
2183
notifies the office in writing of the location of the records in
2184
its application or otherwise by amendment as prescribed by
2185
commission rule. The registrant shall make such records available
2186
to the office for examination and investigation in this state, as
2187
permitted by the code, within 7 days after receipt of a written
2188
request.
2189
(3) Registrants and authorized vendors need not preserve or
2190
retain any of the records required by this section or copies
2191
thereof for a period longer than 3 years unless a longer period
2192
is expressly required by the laws of this state or federal law. A
2193
registrant or authorized vendor may destroy any of its records or
2194
copies thereof after the expiration of the retention period
2195
required by this section.
2196
(4) The original of any record of a registrant or
2197
authorized vendor includes the data or other information
2198
comprising a record stored or transmitted in or by means of any
2199
electronic, computerized, mechanized, or other information
2200
storage or retrieval or transmission system or device which can
2201
upon request generate, regenerate, or transmit the precise data
2202
or other information comprising the record; and an original also
2203
includes the visible data or other information so generated,
2204
regenerated, or transmitted if it is legible or can be made
2205
legible by enlargement or other process.
2206
(2)(5) Any person who willfully fails to comply with this
2207
section commits a felony of the third degree, punishable as
2209
Section 37. Section 560.212, Florida Statutes, is amended
2210
to read:
2211
560.212 Financial liability.--A licensee Each registrant
2212
under this part is liable for the payment of all money funds
2213
transmitted and payment instruments that it sells, in whatever
2214
form and whether directly or through an authorized agent vendor,
2215
as the maker, drawer, or principal thereof, regardless of whether
2216
such item is negotiable or nonnegotiable.
2217
Section 38. Section 560.213, Florida Statutes, is amended
2218
to read:
2219
560.213 Payment instrument information.--Each payment
2220
instrument sold or issued by a licensee registrant, directly or
2221
through an authorized agent vendor, must shall bear the name of
2222
the licensee, and any other information as may be required by
2223
rule, registrant clearly imprinted thereon.
2224
Section 39. Section 560.303, Florida Statutes, is amended
2225
to read:
2226
560.303 License required Requirement of registration.--
2227
(1) A No person may not shall engage in, or in any manner
2228
advertise engagement in, the business of cashing payment
2229
instruments or the exchanging of foreign currency without being
2230
licensed first registering under the provisions of this part.
2231
(2) A person licensed under registered pursuant to this
2232
part may not engage in the activities authorized by this part. A
2233
person registered under this part is prohibited from engaging
2234
directly in the activities that require a license under are
2235
authorized under a registration issued pursuant to part II of
2236
this chapter, but may be such person is not prohibited from
2237
engaging in an authorized agent for vendor relationship with a
2238
person licensed registered under part II.
2239
(3) A person exempt from licensure under registration
2240
pursuant to this part engaging in the business of cashing payment
2241
instruments or the exchanging of foreign currency may shall not
2242
charge fees in excess of those provided in s. 560.309.
2243
Section 40. Section 560.304, Florida Statutes, is amended
2244
to read:
2245
560.304 Exemption from licensure Exceptions to
2246
registration.--The requirement for licensure under provisions of
2247
this part does do not apply to:
2248
(1) A person, at a location, cashing payment instruments
2249
that have an aggregate face value of less than $2,000 per person
2250
per day Authorized vendors of any person registered pursuant to
2251
the provisions of the code, acting within the scope of authority
2252
conferred by the registrant.
2253
(2) A person cashing a tax refund check issued by the
2254
United States Treasury in an amount less than $4,000 Persons
2255
engaged in the cashing of payment instruments or the exchanging
2256
of foreign currency which is incidental to the retail sale of
2257
goods or services whose compensation for cashing payment
2258
instruments or exchanging foreign currency at each site does not
2259
exceed 5 percent of the total gross income from the retail sale
2260
of goods or services by such person during its most recently
2261
completed fiscal year.
2262
Section 40. Section 560.309, Florida Statutes, is amended
2263
to read:
2264
560.309 Conduct of business Rules.--
2265
(1) A licensee may transact business under this part only
2266
under the legal name under which the person is licensed. The use
2267
of a fictitious name is allowed if the fictitious name has been
2268
registered with the Department of State and disclosed to the
2269
office as part of an initial license application, or subsequent
2270
amendment to the application, prior to its use. Before a
2271
registrant shall deposit, with any financial institution, a
2272
payment instrument that is cashed by a registrant, each such item
2273
must be endorsed with the actual name under which such registrant
2274
is doing business.
2275
(2) At the time a licensee accepts a payment instrument
2276
that is cashed by the licensee, the payment instrument must be
2277
endorsed using the legal name under which the licensee is
2278
licensed. Registrants must comply with all the laws of this state
2279
and any federal laws relating to money laundering, including, as
2280
applicable, the provisions of s. 560.123.
2281
(3) A licensee under this part must deposit or sell payment
2282
instruments within 5 business days after the acceptance of the
2283
payment instrument.
2284
(4) A licensee may not accept or cash multiple payment
2285
instruments from a person who is not the original payee, unless
2286
the person is licensed to cash payment instruments pursuant to
2287
this part and all payment instruments accepted are endorsed with
2288
the legal name of the person.
2289
(5) A licensee must report all suspicious activity to the
2290
office in accordance with the criteria set forth in 31 C.F.R. s.
2291
103.20. In lieu of filing such reports, the commission may
2292
prescribe by rule that the licensee may file such reports with an
2293
appropriate regulator.
2294
(6)(3) The commission may by rule require a every check
2295
casher to display its license registration and post a notice
2296
listing containing its charges for cashing payment instruments.
2297
(7)(4) Exclusive of the direct costs of verification which
2298
shall be established by commission rule, a no check casher may
2299
not shall:
2300
(a) Charge fees, except as otherwise provided by this part,
2301
in excess of 5 percent of the face amount of the payment
2302
instrument, or 6 percent without the provision of identification,
2303
or $5, whichever is greater;
2304
(b) Charge fees in excess of 3 percent of the face amount
2305
of the payment instrument, or 4 percent without the provision of
2306
identification, or $5, whichever is greater, if such payment
2307
instrument is the payment of any kind of state public assistance
2308
or federal social security benefit payable to the bearer of the
2309
such payment instrument; or
2310
(c) Charge fees for personal checks or money orders in
2311
excess of 10 percent of the face amount of those payment
2312
instruments, or $5, whichever is greater.
2313
(d) As used in this subsection, "identification" means, and
2314
is limited to, an unexpired and otherwise valid driver license, a
2315
state identification card issued by any state of the United
2316
States or its territories or the District of Columbia, and
2317
showing a photograph and signature, a United States Government
2318
Resident Alien Identification Card, a United States passport, or
2319
a United States Military identification card.
2320
(8) A licensee cashing payment instruments may not assess
2321
the cost of collections, other than fees for insufficient funds
2322
as provided by law, without a judgment from a court of competent
2323
jurisdiction.
2324
(9) If a check is returned to a licensee from a payor
2325
financial institution due to lack of funds, a closed account, or
2326
a stop-payment order, the licensee may seek collection pursuant
2327
to s. 68.065. In seeking collection, the licensee must comply
2328
with the prohibitions against harassment or abuse, false or
2329
misleading representations, and unfair practices in the Fair Debt
2330
Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, and 1692f.
2331
A violation of this subsection is a deceptive and unfair trade
2332
practice and constitutes a violation of the Deceptive and Unfair
2333
Trade Practices Act under part II of chapter 501. In addition, a
2334
licensee must comply with the applicable provisions of the
2335
Consumer Collection Practices Act under part VI of chapter 559,
2336
including s. 559.77.
2337
Section 41. Section 560.310, Florida Statutes, is amended
2338
to read:
2339
560.310 Records of check cashers and foreign currency
2340
exchangers.--
2341
(1) In addition to the record retention requirements
2342
specified in s. 560.110, a licensee engaged in check cashing must
2343
maintain the following:
2344
(a) Customer files, as prescribed by rule, on all customers
2345
who cash corporate or third-party payment instruments exceeding
2346
$1,000.
2347
(b) For any payment instrument accepted having a face value
2348
of $1,000 or more:
2349
1. A copy of the personal identification that bears a
2350
photograph of the customer used as identification and presented
2351
by the customer. Acceptable personal identification is limited to
2352
a valid driver's license; a state identification card issued by
2353
any state of the United States or its territories or the District
2354
of Columbia, and showing a photograph and signature; a United
2355
States Government Resident Alien Identification Card; a passport;
2356
or a United States Military identification card.
2357
2. A thumbprint of the customer taken by the licensee.
2358
(c) A payment instrument log that must be maintained
2359
electronically as prescribed by rule. For purposes of this
2360
paragraph, multiple payment instruments accepted from any one
2361
person on any given day which total $1,000 or more must be
2362
aggregated and reported on the log. Each registrant must maintain
2363
all books, accounts, records, and documents necessary to
2364
determine the registrant's compliance with the provisions of the
2365
code. Such books, accounts, records, and documents shall be
2366
retained for a period of at least 3 years.
2367
(2) A licensee under this part may engage the services of a
2368
third party that is not a depository institution for the
2369
maintenance and storage of records required by this section if
2370
all the requirements of this section are met. The records
2371
required to be maintained by the code may be maintained by the
2372
registrant at any location if the registrant notifies the office,
2373
in writing, of the location of the records in its application or
2374
otherwise by amendment as prescribed by commission rule. The
2375
registrant shall make such records available to the office for
2376
examination and investigation in this state, as permitted by the
2377
code, within 7 days after receipt of a written request.
2378
(3) Registrants and authorized vendors need not preserve or
2379
retain any of the records required by this section or copies
2380
thereof for a period longer than 3 years unless a longer period
2381
is expressly required by the laws of this state or any federal
2382
law. A registrant or authorized vendor may destroy any of its
2383
records or copies thereof after the expiration of the retention
2384
period required by this section.
2385
(4) The original of any record of a registrant or
2386
authorized vendor includes the data or other information
2387
comprising a record stored or transmitted in or by means of any
2388
electronic, computerized, mechanized, or other information
2389
storage or retrieval or transmission system or device which can
2390
upon request generate, regenerate, or transmit the precise data
2391
or other information comprising the record; and an original also
2392
includes the visible data or other information so generated,
2393
regenerated, or transmitted if it is legible or can be made
2394
legible by enlargement or other process.
2395
(5) Any person who willfully violates this section or fails
2396
to comply with any lawful written demand or order of the office
2397
made pursuant to this section commits a felony of the third
2399
2400
Section 42. Section 560.402, Florida Statutes, is amended
2401
to read:
2402
560.402 Definitions.--In addition to the definitions
2404
otherwise clearly indicated by the context, For the purposes of
2405
this part, the term:
2406
(1) "Affiliate" means a person who, directly or indirectly,
2407
through one or more intermediaries controls, or is controlled by,
2408
or is under common control with, a deferred presentment provider.
2409
(2) "Business day" means the hours during a particular day
2410
during which a deferred presentment provider customarily conducts
2411
business, not to exceed 15 consecutive hours during that day.
2412
(3) "Days" means calendar days.
2413
(2)(4) "Deferment period" means the number of days a
2414
deferred presentment provider agrees to defer depositing, or
2415
presenting, or redeeming a payment instrument.
2416
(5) "Deferred presentment provider" means a person who
2417
engages in a deferred presentment transaction and is registered
2418
under part II or part III of the code and has filed a declaration
2419
of intent with the office.
2420
(3)(6) "Deferred presentment transaction" means providing
2421
currency or a payment instrument in exchange for a drawer's
2422
person's check and agreeing to hold the that person's check for a
2423
deferment period of time prior to presentment, deposit, or
2424
redemption.
2425
(4)(7) "Drawer" means a customer any person who writes a
2426
personal check and upon whose account the check is drawn.
2427
(5) "Extension of a deferred presentment agreement" means
2428
continuing a deferred presentment transaction past the deferment
2429
period by having the drawer pay additional fees and the deferred
2430
presentment provider continuing to hold the check for another
2431
deferment period.
2432
(6)(8) "Rollover" means the termination or extension of a
2433
an existing deferred presentment agreement by the payment of an
2434
any additional fee and the continued holding of the check, or the
2435
substitution of a new check drawn by the drawer pursuant to a new
2436
deferred presentment agreement.
2437
(9) "Fee" means the fee authorized for the deferral of the
2438
presentation of a check pursuant to this part.
2439
(7)(10) "Termination of a an existing deferred presentment
2440
agreement" means that the check that is the basis for the an
2441
agreement is redeemed by the drawer by payment in full in cash,
2442
or is deposited and the deferred presentment provider has
2443
evidence that such check has cleared. A Verification of
2444
sufficient funds in the drawer's account by the deferred
2445
presentment provider is shall not be sufficient evidence to deem
2446
that the existing deferred deposit transaction is to be
2447
terminated.
2448
(11) "Extension of an existing deferred presentment
2449
agreement" means that a deferred presentment transaction is
2450
continued by the drawer paying any additional fees and the
2451
deferred presentment provider continues to hold the check for
2452
another period of time prior to deposit, presentment, or
2453
redemption.
2454
Section 43. Section 560.403, Florida Statutes, is amended
2455
to read:
2456
560.403 Requirements of registration; Declaration of
2457
intent.--
2458
(1) Except for financial institutions as defined in s.
2459
655.005 No person, Unless otherwise exempt from this chapter, a
2460
person may not shall engage in a deferred presentment transaction
2461
unless the person is licensed as a money services business
2462
registered under the provisions of part II or part III of this
2463
chapter and has on file with the office a declaration of intent
2464
to engage in deferred presentment transactions, regardless of
2465
whether such person is exempted from licensure under any other
2466
provision of this chapter. The declaration of intent must shall
2467
be under oath and on such form as prescribed the commission
2468
prescribes by rule. The declaration of intent must shall be filed
2469
together with a nonrefundable filing fee as provided in s.
2470
560.143 of $1,000. Any person who is registered under part II or
2471
part III on the effective date of this act and intends to engage
2472
in deferred presentment transactions shall have 60 days after the
2473
effective date of this act to file a declaration of intent. A
2474
declaration of intent expires after 24 months and must be
2475
renewed.
2476
(2) A registrant under this part shall renew his or her
2477
intent to engage in the business of deferred presentment
2478
transactions or to act as a deferred presentment provider upon
2479
renewing his or her registration under part II or part III and
2480
shall do so by indicating his or her intent by submitting a
2481
nonrefundable deferred presentment provider renewal fee of
2482
$1,000, in addition to any fees required for renewal of
2483
registration under part II or part III.
2484
(3) A registrant under this part who fails to timely renew
2485
his or her intent to engage in the business of deferred
2486
presentment transactions or to act as a deferred presentment
2487
provider shall immediately cease to engage in the business of
2488
deferred presentment transactions or to act as a deferred
2489
presentment provider.
2490
(4) The notice of intent of a registrant under this part
2491
who fails to timely renew his or her intent to engage in the
2492
business of deferred presentment transactions or to act as a
2493
deferred presentment provider on or before the expiration date of
2494
the registration period automatically expires. A renewal fee and
2495
a nonrefundable late fee of $500 must be filed within 60 calendar
2496
days after the expiration of an existing registration in order
2497
for the declaration of intent to be reinstated. The office shall
2498
grant a reinstatement of registration if an application is filed
2499
during the 60-day period, and the reinstatement is effective upon
2500
receipt of the required fees and any information that the
2501
commission requires by rule. If the registrant has not filed a
2502
reinstatement of a renewal declaration of intent within 60
2503
calendar days after the expiration date of an existing
2504
registration, the notice of intent expires and a new declaration
2505
of intent must be filed with the office.
2506
(5) No person, other than a financial institution as
2507
defined in s. 655.005, shall be exempt from registration and
2508
declaration if such person engages in deferred presentment
2509
transactions, regardless of whether such person is currently
2510
exempt from registration under any provision of this code.
2511
Section 44. Section 560.404, Florida Statutes, is amended
2512
to read:
2513
560.404 Requirements for deferred presentment
2514
transactions.--
2515
(1) Each Every deferred presentment transaction must shall
2516
be documented in a written agreement signed by both the deferred
2517
presentment provider and the drawer.
2518
(2) The deferred presentment transaction agreement must
2519
shall be executed on the day the deferred presentment provider
2520
furnishes currency or a payment instrument to the drawer.
2521
(3) Each written agreement must shall contain the following
2522
information, in addition to any information required the
2523
commission requires by rule, contain the following information:
2524
(a) The name or trade name, address, and telephone number
2525
of the deferred presentment provider and the name and title of
2526
the person who signs the agreement on behalf of the deferred
2527
presentment provider.
2528
(b) The date the deferred presentment transaction is was
2529
made.
2530
(c) The amount of the drawer's check.
2531
(d) The length of the deferment deferral period.
2532
(e) The last day of the deferment period.
2533
(f) The address and telephone number of the office and the
2534
Division of Consumer Services of the Department of Financial
2535
Services.
2536
(g) A clear description of the drawer's payment obligations
2537
under the deferred presentment transaction.
2538
(h) The transaction number assigned by the office's
2539
database.
2540
(4) The Every deferred presentment provider must shall
2541
furnish to the drawer a copy of the deferred presentment
2542
transaction agreement to the drawer.
2543
(5) The face amount of a check taken for deferred
2544
presentment may not exceed $500 exclusive of the fees allowed
2545
under by this part.
2546
(6) A No deferred presentment provider or its affiliate may
2547
not shall charge fees that exceed in excess of 10 percent of the
2548
currency or payment instrument provided. However, a verification
2549
fee may be charged as provided in s. 560.309(7) in accordance
2550
with s. 560.309(4) and the rules adopted pursuant to the code.
2551
The 10-percent fee may not be applied to the verification fee. A
2552
deferred presentment provider may charge only those fees
2553
specifically authorized in this section.
2554
(7) The fees authorized by this section may not be
2555
collected before the drawer's check is presented or redeemed.
2556
(8) A No deferred presentment agreement may not shall be
2557
for a term longer than in excess of 31 days or less than 7 days.
2558
(9) A No deferred presentment provider may not shall
2559
require a drawer person to provide any additional security for
2560
the deferred presentment transaction or any extension or require
2561
the drawer a person to provide any additional guaranty from
2562
another person.
2563
(10) A deferred presentment provider may shall not include
2564
any of the following provisions in a deferred provider any
2565
written agreement:
2566
(a) A hold harmless clause.;
2567
(b) A confession of judgment clause.;
2568
(c) Any assignment of or order for payment of wages or
2569
other compensation for services.;
2570
(d) A provision in which the drawer agrees not to assert
2571
any claim or defense arising out of the agreement.; or
2572
(e) A waiver of any provision of this part.
2573
(11) A Each deferred presentment provider shall immediately
2574
provide the drawer with the full amount of any check to be held,
2575
less only the fees allowed permitted under this section.
2576
(12) The deferred presentment agreement and the drawer's
2577
check must shall bear the same date, and the number of days of
2578
the deferment period shall be calculated from that this date. The
2579
No deferred presentment provider and the drawer or person may not
2580
alter or delete the date on any written agreement or check held
2581
by the deferred presentment provider.
2582
(13) For each deferred presentment transaction, the
2583
deferred presentment provider must comply with the disclosure
2584
requirements of 12 C.F.R., part 226, relating to the federal
2585
Truth-in-Lending Act, and Regulation Z of the Board of Governors
2586
of the Federal Reserve Board. A copy of the disclosure must be
2587
provided to the drawer at the time the deferred presentment
2588
transaction is initiated.
2589
(14) A No deferred presentment provider or its affiliate
2590
may not accept or hold an undated check or a check dated on a
2591
date other than the date on which the deferred presentment
2592
provider agreed to hold the check and signed the deferred
2593
presentment transaction agreement.
2594
(15) A Every deferred presentment provider must shall hold
2595
the drawer's check for the agreed number of days, unless the
2596
drawer chooses to redeem the check before the agreed presentment
2597
date.
2598
(16) Proceeds in a deferred presentment transaction may be
2599
made to the drawer in the form of the deferred presentment
2600
provider's payment instrument if the deferred presentment
2601
provider is registered under part II; however, an no additional
2602
fee may not be charged by a deferred presentment provider or its
2603
affiliate for issuing or cashing the deferred presentment
2604
provider's payment instrument.
2605
(17) A No deferred presentment provider may not require the
2606
drawer to accept its payment instrument in lieu of currency.
2607
(18) A No deferred presentment provider or its affiliate
2608
may not engage in the rollover of a any deferred presentment
2609
agreement. A deferred presentment provider may shall not redeem,
2610
extend, or otherwise consolidate a deferred presentment agreement
2611
with the proceeds of another deferred presentment transaction
2612
made by the same or an affiliate affiliated deferred presentment
2613
provider.
2614
(19) A deferred presentment provider may not enter into a
2615
deferred presentment transaction with a drawer person who has an
2616
outstanding deferred presentment transaction with that provider
2617
or with any other deferred presentment provider, or with a person
2618
whose previous deferred presentment transaction with that
2619
provider or with any other provider has been terminated for less
2620
than 24 hours. The deferred presentment provider must verify such
2621
information as follows:
2622
(a) The deferred presentment provider shall maintain a
2623
common database and shall verify whether the that deferred
2624
presentment provider or an affiliate has an outstanding deferred
2625
presentment transaction with a particular person or has
2626
terminated a transaction with that person within the previous 24
2627
hours.
2628
(b) The deferred presentment provider shall access the
2629
office's database established pursuant to subsection (23) and
2630
shall verify whether any other deferred presentment provider has
2631
an outstanding deferred presentment transaction with a particular
2632
person or has terminated a transaction with that person within
2633
the previous 24 hours. If a provider has not established Prior to
2634
the time that the office has implemented such a database, the
2635
deferred presentment provider may rely upon the written
2636
verification of the drawer as provided in subsection (20).
2637
(20) A deferred presentment provider shall provide the
2638
following notice in a prominent place on each deferred
2639
presentment agreement in at least 14-point type in substantially
2640
the following form and must obtain the signature of the drawer
2641
where indicated:
2642
2643
NOTICE
2644
2645
1. STATE LAW PROHIBITS YOU FROM HAVING MORE THAN ONE DEFERRED
2646
PRESENTMENT AGREEMENT AT ANY ONE TIME. STATE LAW ALSO PROHIBITS
2647
YOU FROM ENTERING INTO A DEFERRED PRESENTMENT AGREEMENT WITHIN 24
2648
HOURS AFTER OF TERMINATING ANY PREVIOUS DEFERRED PRESENTMENT
2649
AGREEMENT. FAILURE TO OBEY THIS LAW COULD CREATE SEVERE FINANCIAL
2650
HARDSHIP FOR YOU AND YOUR FAMILY.
2651
2652
YOU MUST SIGN THE FOLLOWING STATEMENT:
2653
2654
I DO NOT HAVE AN OUTSTANDING DEFERRED PRESENTMENT AGREEMENT WITH
2655
ANY DEFERRED PRESENTMENT PROVIDER AT THIS TIME. I HAVE NOT
2656
TERMINATED A DEFERRED PRESENTMENT AGREEMENT WITHIN THE PAST 24
2657
HOURS.
2658
2659
(Signature of Drawer)
2660
2661
2. YOU CANNOT BE PROSECUTED IN CRIMINAL COURT FOR A CHECK
2662
WRITTEN UNDER THIS AGREEMENT, BUT ALL LEGALLY AVAILABLE CIVIL
2663
MEANS TO ENFORCE THE DEBT MAY BE PURSUED AGAINST YOU.
2664
2665
3. STATE LAW PROHIBITS A DEFERRED PRESENTMENT PROVIDER (THIS
2666
BUSINESS) FROM ALLOWING YOU TO "ROLL OVER" YOUR DEFERRED
2667
PRESENTMENT TRANSACTION. THIS MEANS THAT YOU CANNOT BE ASKED OR
2668
REQUIRED TO PAY AN ADDITIONAL FEE IN ORDER TO FURTHER DELAY THE
2669
DEPOSIT OR PRESENTMENT OF YOUR CHECK FOR PAYMENT. IF YOU INFORM
2670
THE PROVIDER IN PERSON THAT YOU CANNOT COVER THE CHECK OR PAY IN
2671
FULL THE AMOUNT OWING AT THE END OF THE TERM OF THIS AGREEMENT,
2672
YOU WILL RECEIVE A GRACE PERIOD EXTENDING THE TERM OF THE
2673
AGREEMENT FOR AN ADDITIONAL 60 DAYS AFTER THE ORIGINAL
2674
TERMINATION DATE, WITHOUT ANY ADDITIONAL CHARGE. THE DEFERRED
2675
PRESENTMENT PROVIDER SHALL REQUIRE THAT YOU, AS A CONDITION OF
2676
OBTAINING THE GRACE PERIOD, COMPLETE CONSUMER CREDIT COUNSELING
2677
PROVIDED BY AN AGENCY INCLUDED ON THE LIST THAT WILL BE PROVIDED
2678
TO YOU BY THIS PROVIDER. YOU MAY ALSO AGREE TO COMPLY WITH AND
2679
ADHERE TO A REPAYMENT PLAN APPROVED BY THAT AGENCY. IF YOU DO NOT
2680
COMPLY WITH AND ADHERE TO A REPAYMENT PLAN APPROVED BY THAT
2681
AGENCY, WE MAY DEPOSIT OR PRESENT YOUR CHECK FOR PAYMENT AND
2682
PURSUE ALL LEGALLY AVAILABLE CIVIL MEANS TO ENFORCE THE DEBT AT
2683
THE END OF THE 60-DAY GRACE PERIOD.
2684
(21) The deferred presentment provider may not deposit or
2685
present the drawer's check if the drawer informs the provider in
2686
person that the drawer cannot redeem or pay in full in cash the
2687
amount due and owing the deferred presentment provider. No
2688
additional fees or penalties may be imposed on the drawer by
2689
virtue of any misrepresentation made by the drawer as to the
2690
sufficiency of funds in the drawer's account. In no event shall
2691
any Additional fees may not be added to the amounts due and owing
2692
to the deferred presentment provider.
2693
(22)(a) If, by the end of the deferment period, the drawer
2694
informs the deferred presentment provider in person that the
2695
drawer cannot redeem or pay in full in cash the amount due and
2696
owing the deferred presentment provider, the deferred presentment
2697
provider shall provide a grace period extending the term of the
2698
agreement for an additional 60 days after the original
2699
termination date, without any additional charge.
2700
(a) The provider shall require that as a condition of
2701
providing a this grace period, that within the first 7 days of
2702
the grace period the drawer make an appointment with a consumer
2703
credit counseling agency within 7 days after the end of the
2704
deferment period and complete the counseling by the end of the
2705
grace period. The drawer may agree to, comply with, and adhere to
2706
a repayment plan approved by the counseling agency. If the drawer
2707
agrees to comply with and adhere to a repayment plan approved by
2708
the counseling agency, the provider must is also required to
2709
comply with and adhere to that repayment plan. The deferred
2710
presentment provider may not deposit or present the drawer's
2711
check for payment before the end of the 60-day grace period
2712
unless the drawer fails to comply with such conditions or the
2713
drawer fails to notify the provider of such compliance. Before
2714
each deferred presentment transaction, the provider may verbally
2715
advise the drawer of the availability of the grace period
2716
consistent with the provisions of the written notice in
2717
subsection (20), and may shall not discourage the drawer from
2718
using the grace period.
2719
(b) At the commencement of the grace period, the deferred
2720
presentment provider shall provide the drawer:
2721
1. Verbal notice of the availability of the grace period
2722
consistent with the written notice in subsection (20).
2723
2. A list of approved consumer credit counseling agencies
2724
prepared by the office. The office list shall include nonprofit
2725
consumer credit counseling agencies affiliated with the National
2726
Foundation for Credit Counseling which provide credit counseling
2727
services to state Florida residents in person, by telephone, or
2728
through the Internet. The office list must include phone numbers
2729
for the agencies, the counties served by the agencies, and
2730
indicate the agencies that provide telephone counseling and those
2731
that provide Internet counseling. The office shall update the
2732
list at least once each year.
2733
3. The following notice in at least 14-point type in
2734
substantially the following form:
2735
2736
2737
AS A CONDITION OF OBTAINING A GRACE PERIOD EXTENDING THE TERM OF
2738
YOUR DEFERRED PRESENTMENT AGREEMENT FOR AN ADDITIONAL 60 DAYS,
2739
UNTIL [DATE], WITHOUT ANY ADDITIONAL FEES, YOU MUST COMPLETE
2740
CONSUMER CREDIT COUNSELING PROVIDED BY AN AGENCY INCLUDED ON THE
2741
LIST THAT WILL BE PROVIDED TO YOU BY THIS PROVIDER. YOU MAY ALSO
2742
AGREE TO COMPLY WITH AND ADHERE TO A REPAYMENT PLAN APPROVED BY
2743
THE AGENCY. THE COUNSELING MAY BE IN PERSON, BY TELEPHONE, OR
2744
THROUGH THE INTERNET. YOU MUST NOTIFY US WITHIN 7 SEVEN (7) DAYS,
2745
BY [DATE], THAT YOU HAVE MADE AN APPOINTMENT WITH SUCH A CONSUMER
2746
CREDIT COUNSELING AGENCY. YOU MUST ALSO NOTIFY US WITHIN 60 SIXTY
2747
(60) DAYS, BY [DATE], THAT YOU HAVE COMPLETED THE CONSUMER CREDIT
2748
COUNSELING. WE MAY VERIFY THIS INFORMATION WITH THE AGENCY. IF
2749
YOU FAIL TO PROVIDE EITHER THE 7-DAY OR 60-DAY NOTICE, OR IF YOU
2750
HAVE NOT MADE THE APPOINTMENT OR COMPLETED THE COUNSELING WITHIN
2751
THE TIME REQUIRED, WE MAY DEPOSIT OR PRESENT YOUR CHECK FOR
2752
PAYMENT AND PURSUE ALL LEGALLY AVAILABLE CIVIL MEANS TO ENFORCE
2753
THE DEBT.
2754
(c) If a drawer completes an approved payment plan, the
2755
deferred presentment provider shall pay one-half of the drawer's
2756
fee for the deferred presentment agreement to the consumer credit
2757
counseling agency.
2758
(23) The office shall implement a common database with
2759
real-time access through an Internet connection for deferred
2760
presentment providers, as provided in this subsection. The
2761
database must be accessible to the office and the deferred
2762
presentment providers in order to verify whether any deferred
2763
presentment transactions are outstanding for a particular person.
2764
Deferred presentment providers shall submit such data before
2765
entering into each deferred presentment transaction in such
2766
format as required the commission shall require by rule,
2767
including the drawer's name, social security number or employment
2768
authorization alien number, address, driver's license number,
2769
amount of the transaction, date of transaction, the date that the
2770
transaction is closed, and such additional information as is
2771
required by rule the commission. The commission may by rule
2772
impose a fee of up to not to exceed $1 per transaction for data
2773
that must required to be submitted by a deferred presentment
2774
provider. A deferred presentment provider may rely on the
2775
information contained in the database as accurate and is not
2776
subject to any administrative penalty or civil liability due to
2777
as a result of relying on inaccurate information contained in the
2778
database. A deferred presentment provider must notify the office,
2779
in a manner as prescribed by rule, within 15 business days after
2780
ceasing operations or no longer holding a license under part II
2781
or part III of this chapter. Such notification must include a
2782
reconciliation of all open transactions. If the provider fails to
2783
provide notice, the office shall take action to administratively
2784
release all open and pending transactions in the database after
2785
the office becomes aware of the closure. This section does not
2786
affect the rights of the provider to enforce the contractual
2787
provisions of the deferred presentment agreements through any
2788
civil action allowed by law. The commission may adopt rules to
2789
administer and enforce the provisions of this subsection section
2790
and to ensure assure that the database is used by deferred
2791
presentment providers in accordance with this section.
2792
(24) A deferred presentment provider may not accept more
2793
than one check or authorization to initiate more than one
2794
automated clearinghouse transaction to collect on a deferred
2795
presentment transaction for a single deferred presentment
2796
transaction.
2797
Section 45. Section 560.405, Florida Statutes, is amended
2798
to read:
2799
560.405 Deposit; redemption.--
2800
(1) The deferred presentment provider or its affiliate may
2801
shall not present the drawer's check before the end of the
2802
deferment period prior to the agreed-upon date of presentment, as
2803
reflected in the deferred presentment transaction agreement.
2804
(2) Before a deferred presentment provider presents the
2805
drawer's check, the check must shall be endorsed with the actual
2806
name under which the deferred presentment provider is doing
2807
business.
2808
(3) Notwithstanding the provisions of subsection (1), in
2809
lieu of presentment, a deferred presentment provider may allow
2810
the check to be redeemed at any time upon payment to the deferred
2811
presentment provider in the amount of the face amount of the
2812
drawer's check. However, payment may not be made in the form of a
2813
personal check. Upon redemption, the deferred presentment
2814
provider shall return the drawer's check that was being held and
2815
provide a signed, dated receipt showing that the drawer's check
2816
has been redeemed.
2817
(4) A No drawer may not can be required to redeem his or
2818
her check before prior to the agreed-upon date; however, the
2819
drawer may choose to redeem the check before the agreed-upon
2820
presentment date.
2821
Section 46. Section 560.406, Florida Statutes, is amended
2822
to read:
2823
560.406 Worthless checks.--
2824
(1) If a check is returned to a deferred presentment
2825
provider from a payor financial institution due to lack of funds,
2826
a closed account, or a stop-payment order, the deferred
2827
presentment provider may seek collection pursuant to s. 68.065,
2828
except a deferred presentment provider may shall not be entitled
2829
to collect treble damages pursuant s. 68.065. The notice sent by
2830
the a deferred deposit provider may pursuant to s. 68.065 shall
2831
not include any references to treble damages and must clearly
2832
state that the deferred presentment provider is not entitled to
2833
recover such damages. Except as otherwise provided in this part,
2834
an individual who issues a personal check to a deferred
2835
presentment provider under a deferred presentment agreement is
2836
not subject to criminal penalty.
2837
(2) If a check is returned to a deferred presentment
2838
provider from a payor financial institution due to insufficient
2839
funds, a closed account, or a stop-payment order, the deferred
2840
presentment provider may pursue all legally available civil
2841
remedies to collect the check, including, but not limited to, the
2842
imposition of all charges imposed on the deferred presentment
2843
provider by the any financial institution. In its collection
2844
practices, a deferred presentment provider must shall comply with
2845
the prohibitions against harassment or abuse, false or misleading
2846
representations, and unfair practices that which are contained in
2847
ss. 806, 807, and 808 of the Fair Debt Collections Practices Act,
2848
15 U.S.C. ss. 1692d, 1692e, 1692f. A violation of this act is a
2849
deceptive and unfair trade practice and constitutes a violation
2850
of the Deceptive and Unfair Trade Practices Act under, part II of
2851
chapter 501. In addition, a deferred presentment provider must
2852
shall comply with the applicable provisions of part VI of chapter
2853
559, the Consumer Collection Practices Act under part VI of
2854
chapter 559, including, but not limited to, the provisions of s.
2855
2856
(3) A deferred presentment provider may not assess the cost
2857
of collection, other than charges for insufficient funds as
2858
allowed by law, without a judgment from a court of competent
2859
jurisdiction.
2860
Section 47. Subsection (7) of section 499.005, Florida
2861
Statutes, is amended to read:
2862
499.005 Prohibited acts.--It is unlawful for a person to
2863
perform or cause the performance of any of the following acts in
2864
this state:
2865
(7) The purchase or sale of prescription drugs for
2866
wholesale distribution in exchange for currency, as defined in s.
2868
Section 48. Paragraph (i) of subsection (2) of section
2869
499.0691, Florida Statutes, is amended to read:
2870
499.0691 Criminal punishment for violations related to
2871
drugs; dissemination of false advertisement.--
2872
(2) Any person who violates any of the following provisions
2873
commits a felony of the third degree, punishable as provided in
2876
(i) The purchase or sale of prescription drugs for
2877
wholesale distribution in exchange for currency, as defined in s.
2879
Section 49. Paragraph (b) of subsection (2) of section
2880
501.95, Florida Statutes, is amended to read:
2881
501.95 Gift certificates and credit memos.--
2882
(2)
2883
(b) Paragraph (a) does not apply to a gift certificate or
2884
credit memo sold or issued by a financial institution, as defined
2885
in s. 655.005, or by a money services business transmitter, as
2886
defined in s. 560.103, if the gift certificate or credit memo is
2887
redeemable by multiple unaffiliated merchants.
2888
Section 50. Paragraph (n) of subsection (2) of section
2889
538.03, Florida Statutes, is amended to read:
2890
538.03 Definitions; applicability.--
2891
(2) This chapter does not apply to:
2892
(n) A business that contracts with other persons or
2893
entities to offer its secondhand goods for sale, purchase,
2894
consignment, or trade via an Internet website, and that maintains
2895
a shop, store, or other business premises for this purpose, if
2896
all of the following apply:
2897
1. The secondhand goods must be available on the website
2898
for viewing by the public at no charge;
2899
2. The records of the sale, purchase, consignment, or trade
2900
must be maintained for at least 2 years;
2901
3. The records of the sale, purchase, consignment, or
2902
trade, and the description of the secondhand goods as listed on
2903
the website, must contain the serial number of each item, if any;
2904
4. The secondhand goods listed on the website must be
2905
searchable based upon the state or zip code;
2906
5. The business must provide the appropriate law
2907
enforcement agency with the name or names under which it conducts
2908
business on the website;
2909
6. The business must allow the appropriate law enforcement
2910
agency to inspect its business premises at any time during normal
2911
business hours;
2912
7. Any payment by the business resulting from such a sale,
2913
purchase, consignment, or trade must be made to the person or
2914
entity with whom the business contracted to offer the goods and
2915
must be made by check or via a money services business
2916
transmitter licensed under part II of chapter 560; and
2917
8.a. At least 48 hours after the estimated time of
2918
contracting to offer the secondhand goods, the business must
2919
verify that any item having a serial number is not stolen
2920
property by entering the serial number of the item into the
2921
Department of Law Enforcement's stolen article database located
2922
at the Florida Crime Information Center's public access system
2923
website. The business shall record the date and time of such
2924
verification on the contract covering the goods. If such
2925
verification reveals that an item is stolen property, the
2926
business shall immediately remove the item from any website on
2927
which it is being offered and notify the appropriate law
2928
enforcement agency; or
2929
b. The business must provide the appropriate law
2930
enforcement agency with an electronic copy of the name, address,
2931
phone number, driver's license number, and issuing state of the
2932
person with whom the business contracted to offer the goods, as
2933
well as an accurate description of the goods, including make,
2934
model, serial number, and any other unique identifying marks,
2935
numbers, names, or letters that may be on an item, in a format
2936
agreed upon by the business and the appropriate law enforcement
2937
agency. This information must be provided to the appropriate law
2938
enforcement agency within 24 hours after entering into the
2939
contract unless other arrangements are made between the business
2940
and the law enforcement agency.
2941
Section 51. Subsection (10) of section 896.101, Florida
2942
Statutes, is amended to read:
2943
896.101 Florida Money Laundering Act; definitions;
2944
penalties; injunctions; seizure warrants; immunity.--
2945
(10) Any financial institution, licensed money services
2946
business transmitter, or other person served with and complying
2947
with the terms of a warrant, temporary injunction, or other court
2948
order, including any subpoena issued under the authority granted
2950
investigation of any crime in this section, including any crime
2951
listed as specified unlawful activity under this section or any
2952
felony violation of chapter 560, has immunity from criminal
2953
liability and is shall not be liable to any person for any lawful
2954
action taken in complying with the warrant, temporary injunction,
2955
or other court order, including any subpoena issued under the
2958
nondisclosure provision, any financial institution, licensed
2959
money services business transmitter, employee or officer of a
2960
financial institution or licensed money services business
2961
transmitter, or any other person may not notify, directly or
2962
indirectly, any customer of that financial institution or
2963
licensed money services business transmitter whose records are
2964
being sought by the subpoena, or any other person named in the
2965
subpoena, about the existence or the contents of that subpoena or
2966
about information that has been furnished to the state attorney
2967
or statewide prosecutor who issued the subpoena or other law
2968
enforcement officer named in the subpoena in response to the
2969
subpoena.
2970
Section 52. Subsection (5) of section 896.104, Florida
2971
Statutes, is amended to read:
2972
896.104 Structuring transactions to evade reporting or
2973
registration requirements prohibited.--
2974
(5) INFERENCE.--Proof that a person engaged for monetary
2975
consideration in the business of a money funds transmitter, as
2977
more than $10,000 in currency, or the foreign equivalent, without
2978
being licensed registered as a money transmitter or designated as
2979
an authorized agent vendor under the provisions of chapter 560,
2980
gives rise to an inference that the transportation was done with
2981
knowledge of the licensure registration requirements of chapter
2982
560 and the reporting requirements of this chapter.
2983
Section 53. Paragraph (g) of subsection (3) of section
2984
921.0022, Florida Statutes, is amended to read:
2985
921.0022 Criminal Punishment Code; offense severity ranking
2986
chart.--
2987
(3) OFFENSE SEVERITY RANKING CHART
2988
(g) LEVEL 7
| FloridaStatute | FelonyDegree | Description |
2989
| 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
2990
| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
2991
| 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. |
2992
| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
2993
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
2994
| 409.920(2) | 3rd | Medicaid provider fraud. |
2995
| 456.065(2) | 3rd | Practicing a health care profession without a license. |
2996
| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
2997
| 458.327(1) | 3rd | Practicing medicine without a license. |
2998
| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
2999
| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
3000
| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
3001
| 462.17 | 3rd | Practicing naturopathy without a license. |
3002
| 463.015(1) | 3rd | Practicing optometry without a license. |
3003
| 464.016(1) | 3rd | Practicing nursing without a license. |
3004
| 465.015(2) | 3rd | Practicing pharmacy without a license. |
3005
| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
3006
| 467.201 | 3rd | Practicing midwifery without a license. |
3007
| 468.366 | 3rd | Delivering respiratory care services without a license. |
3008
| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
3009
| 483.901(9) | 3rd | Practicing medical physics without a license. |
3010
| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
3011
| 484.053 | 3rd | Dispensing hearing aids without a license. |
3012
| 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. |
3013
| 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. |
3014
| 560.125(5)(a) | 3rd | Money services transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
3015
| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
3016
| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
3017
| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
3018
| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
3019
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
3020
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
3021
| 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
3022
| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
3023
| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
3024
| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
3025
| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
3026
| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
3027
| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
3028
| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
3029
| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
3030
| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
3031
| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
3032
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
3033
| 784.083(1) | 1st | Aggravated battery on code inspector. |
3034
3035
| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
3036
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
3037
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
3038
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
3039
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
3040
| 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. |
3041
| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
3042
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
3043
| 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. |
3044
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
3045
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
3046
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
3047
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
3048
| 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
3049
| 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. |
3050
| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
3051
| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
3052
| 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
3053
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
3054
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
3055
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
3056
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
3057
| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
3058
| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
3059
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
3060
| 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. |
3061
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
3062
| 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. |
3063
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
3064
| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
3065
| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
3066
| 838.015 | 2nd | Bribery. |
3067
| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
3068
| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
3069
| 838.22 | 2nd | Bid tampering. |
3070
| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
3071
| 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
3072
| 872.06 | 2nd | Abuse of a dead human body. |
3073
| 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. |
3074
| 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. |
3075
| 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). |
3076
| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
3077
| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
3078
| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
3079
| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
3080
| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
3081
| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
3082
| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
3083
| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
3084
| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
3085
| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
3086
| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
3087
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
3088
| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
3089
| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
3090
| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
3091
| 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
3092
| 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
3093
| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
3094
| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
3095
| 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
3096
| 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
3097
| 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
3098
| 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
3099
| 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
3100
3105
Section 55. Except as otherwise expressly provided in this
3106
act, this act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.