CS for CS for CS for SB 2158 First Engrossed
20082158e1
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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"; amending s.
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560.104, F.S.; revising provision providing exemptions
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from ch. 560, F.S.; amending s. 560.105, F.S.; revising
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provisions relating to the powers of the Office of
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Financial Regulation and the Financial Services
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Commission; amending s. 560.109, F.S.; revising provisions
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relating to examinations and investigations conducted by
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the office; requiring that the office periodically examine
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each licensee and each new licensee within 6 months after
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issuing a license; 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; creating s. 560.1141, F.S.;
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authorizing the commission to adopt disciplinary
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guidelines for imposing penalties for violations;
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providing for mitigating and aggravating circumstances;
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amending s. 560.115, F.S.; revising provisions relating to
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the voluntary surrender of a license; amending s. 560.116,
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F.S.; revising provisions relating to the granting of
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immunity for providing information about alleged
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violations of ch. 560, F.S.; amending s. 560.118, F.S.;
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revising provisions relating to required reports; deleting
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an exemption from the requirement to file an annual
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financial report; transferring, renumbering, and amending
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s. 560.119, F.S.; revising provisions providing for the
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deposit of fees and assessments; amending s. 560.121,
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F.S.; revising restriction on access to records held by a
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court or the Legislature; amending s. 560.123, F.S.;
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revising provisions relating to the Florida Control of
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Money 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 vendors 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 vendors; 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 and incidental to certain retail sales;
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amending s. 560.309, F.S.; revising provisions relating to
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the conduct of check cashers; providing additional
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requirements; amending s. 560.310, F.S.; revising
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requirements for licensee records; specifying the
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maintenance of identification records for certain
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customers; amending s. 560.402, F.S.; revising definitions
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relating to deferred presentment providers; amending s.
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560.403, F.S.; revising provisions relating to the
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licensing requirements for deferred presentment providers;
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amending s. 560.404, F.S.; revising provisions relating to
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deferred presentment transactions; amending s. 560.405,
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F.S.; revising provisions relating to the redemption or
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deposit of a deferred presentment transaction; amending s.
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560.406, F.S.; revising provisions relating to worthless
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references; repealing s. 560.101, F.S., relating to a
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short title; repealing s. 560.102, F.S., relating to
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purpose and application; repealing s. 560.106, F.S.,
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relating to chapter constructions; repealing s. 560.1073,
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F.S., relating to false or misleading statements or
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documents; repealing s. 560.108, F.S., relating to
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administrative enforcement guidelines; repealing s.
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560.112, F.S., relating to disciplinary action procedures;
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repealing s. 560.117, F.S., relating to administrative
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fines; repealing s. 560.200, F.S., relating to a short
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title; repealing s. 560.202, F.S., relating to
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definitions; repealing s. 560.206, F.S., relating to the
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investigation of applicants; repealing s. 560.207, F.S.,
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relating to registration; repealing s. 560.301, F.S.,
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relating to a short title; repealing s. 560.302, F.S.,
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relating to definitions; repealing s. 560.305, F.S.,
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relating to application for registration; repealing s.
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560.306, F.S., relating to standards; repealing s.
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F.S., relating to registration; repealing s. 560.401,
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F.S., relating to a short title; repealing s. 560.407,
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F.S., relating to required records; providing an effective
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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 vendor" means a person designated by a
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money services business licensed under part II of this chapter a
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registrant to act engage in the business of a money transmitter
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on behalf of the licensee the registrant at locations in this
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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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location of an authorized vendor whose business activity is
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regulated under 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 to a designated recipient or a refund to a sender
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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. Section 560.104, Florida Statutes, is amended to
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read:
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560.104 Exemptions.--The following entities are exempt from
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the provisions of this chapter the code:
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(1) Banks, credit card banks, credit unions, trust
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companies, associations, offices of an international banking
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corporation, Edge Act or agreement corporations, or other
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financial depository institutions organized under the laws of any
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state or the United States, provided that they do not sell
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payment instruments through authorized vendors who are not such
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entities.
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(2) The United States or any agency or department,
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instrumentality, or agency thereof.
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(3) This state or any political subdivision of this state.
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Section 3. Section 560.105, Florida Statutes, is amended to
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read:
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560.105 Supervisory powers; rulemaking.--
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(1) Consistent with the purposes of the code, The office
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shall have:
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(a) Supervise Supervision over all money services
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businesses transmitters and their authorized vendors.
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(b) Have access to the books and records of persons over
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whom the office supervises exercises supervision as is necessary
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to carry out for the performance of the duties and functions of
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the office under this chapter prescribed by the code.
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(c) Power to Issue orders and declaratory statements,
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disseminate information, and otherwise administer and enforce
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this chapter and all related rules in order exercise its
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discretion to effectuate the purposes, policies, and provisions
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of this chapter the code.
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(2) Consistent with the purposes of the code, The
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to administer this chapter implement the provisions of the code.
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(a)(3) The commission may adopt rules pursuant to ss.
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forms, documents, or fees required by this chapter, which must
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code if such rules reasonably accommodate technological or
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financial hardship. The commission may prescribe by rule
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requirements and provide procedures for obtaining an exemption
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due to a technological or financial hardship.
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(b) Rules adopted to regulate money services businesses,
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including deferred presentment providers, must be responsive to
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changes in economic conditions, technology, and industry
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practices.
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Section 4. Section 560.109, Florida Statutes, is amended to
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read:
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560.109 Examinations and investigations, subpoenas,
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hearings, and witnesses.--
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(1) The office may conduct examinations and make
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investigations or examinations as prescribed in s. 560.118,
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within or outside this state, which it deems necessary in order
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to determine whether a person has violated any provision of this
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chapter and related rules the code, the rules adopted by the
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commission pursuant to the code, or of any practice or conduct
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that creates the likelihood of material loss, insolvency, or
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dissipation of the assets of a money services business or
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otherwise materially prejudices the interests of their customers
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31 C.F.R. ss. 103.20, 103.22, 103.27, 103.28, 103.29, 103.33,
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103.37, 103.41, and 103.125 as they existed on March 31, 2004.
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(1) The office may examine each licensee as often as is
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warranted for the protection of customers and in the public
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interest, but at least once every 5 years. A new licensee shall
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be examined within 6 months after the issuance of the license.
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The office shall provide at least 15 days' notice to a money
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services business, its authorized vendor, or license applicant
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before conducting an examination or investigation. However, the
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office may conduct an examination or investigation of a money
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services business, authorized vendor, or affiliated party at any
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time and without advance notice if the office suspects that the
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money services business, authorized vendor, or affiliated party
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has violated or is about to violate any provisions of this
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chapter or any criminal laws of this state or of the United
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States.
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(2) The office may conduct a joint or concurrent
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examination with any state or federal regulatory agency and may
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furnish a copy of all examinations to an appropriate regulator if
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the regulator agrees to abide by the confidentiality provisions
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in chapter 119 and this chapter. The office may also accept an
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examination from any appropriate regulator or, pursuant to s.
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560.1091, from an independent third party that has been approved
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by the office.
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(3) Persons subject to this chapter who are examined or
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investigated shall make available to the office all books,
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accounts, documents, files, information, assets, and matters that
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are in their immediate possession or control and that relate to
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the subject of the 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 within 3 days after actual notice is
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served.
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(b) Upon notice, the office may require that records
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written in a language other than English be accompanied by a
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certified translation at the expense of the licensee. For
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purposes of this section, the term "certified translation" means
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a document translated by a person who is currently certified as a
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translator by the American Translators Association or other
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organization designated by rule.
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(4)(2)(a) In the course of or in connection with any
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examination or an investigation conducted by the office:
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(a) An employee of the office holding the title and
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position of a pursuant to the provisions of subsection (1) or an
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investigation or examination in connection with any application
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to the office for the organization or establishment of a money
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transmitter business, or in connection with an examination or
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investigation of a money transmitter or its authorized vendor,
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the office, or any of its officers holding no lesser title and
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position than financial examiner or analyst, financial
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investigator, or attorney at law, or higher may:
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1. Administer oaths and affirmations.
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2. Take or cause to be taken testimony and depositions.
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(b) The office, or any of its employees officers holding a
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title of no lesser title than attorney, or area financial
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manager, or higher may issue, revoke, quash, or modify subpoenas
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and subpoenas duces tecum under the seal of the office or cause
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any such subpoena or subpoena duces tecum to be issued by any
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county court judge or clerk of the circuit court or county court
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to require persons to appear before the office at a reasonable
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time and place to be therein named and to bring such books,
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records, and documents for inspection as may be therein
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designated. Such subpoenas may be served by a representative of
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the office or may be served as otherwise provided for by law for
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the service of subpoenas.
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(c) In connection with any such investigation or
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examination, The office may allow permit a person to file a
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statement in writing, under oath, or otherwise as the office
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determines, as to facts and circumstances specified by the
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office.
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(5)(3)(a) If a person does not comply In the event of
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noncompliance with a subpoena issued or caused to be issued by
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the office pursuant to this section, the office may petition a
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court of competent jurisdiction the circuit court of the county
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in which the person subpoenaed resides or has its principal place
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of business for an order requiring the subpoenaed person to
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appear and testify and to produce such books, records, and
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documents as are specified in the such subpoena duces tecum. The
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office is entitled to the summary procedure provided in s.
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51.011, and the court shall advance the cause on its calendar.
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(a)(b) A copy of the petition shall be served upon the
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person subpoenaed by any person authorized by this section to
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serve subpoenas, who shall make and file with the court an
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affidavit showing the time, place, and date of service.
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(b)(c) At a any hearing on the any such petition, the
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person subpoenaed, or any person whose interests are will be
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substantially affected by the investigation, examination, or
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subpoena, may appear and object to the subpoena and to the
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granting of the petition. The court may make any order that
486
justice requires in order to protect a party or other person and
487
her or his personal and property rights, including, but not
488
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
491
or in part, a petition for enforcement of a subpoena is a
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contempt of the court.
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(6)(4) Witnesses are entitled to the same fees and mileage
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to which they would be entitled by law for attending as witnesses
495
in the circuit court, except that no fees or mileage is not
496
allowed for the testimony of a person taken at the person's
497
principal office or residence.
498
(7)(5) Reasonable and necessary costs incurred by the
499
office or third parties authorized by the office in connection
500
and payable to persons involved with examinations or
501
investigations may be assessed against any person subject to this
502
chapter on the basis of actual costs incurred. Assessable
503
expenses include, but are not limited to,: expenses for:
504
interpreters; certified translations of documents into the
505
English language required by this chapter or related rules;
506
expenses for communications; expenses for legal representation;
507
expenses for economic, legal, or other research, analyses, and
508
testimony; and fees and expenses for witnesses. The failure to
509
reimburse the office is a ground for denial of a license the
510
registration application, denial of a license renewal, or for
511
revocation of any approval thereof. Except for examinations
512
authorized under s. 560.109, No such costs may not shall be
513
assessed against a person unless the office determines has
514
determined that the person has operated or is operating in
515
violation of this chapter the code.
516
(8) The office shall provide a written report of any
517
violation of law that may be a felony to the appropriate criminal
518
investigatory agency having jurisdiction with respect to such
519
violation.
520
(9) The office shall prepare and submit an annual report to
521
the President of the Senate and the Speaker of the House of
522
Representatives beginning January 1, 2009, through January 1,
523
2014, which includes:
524
(a) The total number of examinations and investigations
525
that resulted in a referral to a state or federal agency and the
526
disposition of each of those referrals by agency.
527
(b) The total number of initial referrals received from
528
another state or federal agency, the total number of examinations
529
and investigations opened as a result of referrals, and the
530
disposition of each of those cases.
531
(c) The number of examinations or investigations undertaken
532
by the office which were not the result of a referral from
533
another state agency or a federal agency.
534
(d) The total amount of fines assessed and collected by the
535
office as a result of an examination or investigation of
536
activities regulated under parts II and III of this chapter.
537
Section 5. Section 560.1091, Florida Statutes, is created
538
to read:
539
560.1091 Contracted examinations.--The office may contract
540
with third parties to conduct examinations under this chapter.
541
(1) The person or firm selected by the office may not have
542
a conflict of interest that might affect its ability to
543
independently perform its responsibilities with respect to an
544
examination.
545
(2) An examination under this section may be conducted by
546
an independent certified public accountant, information
547
technology specialist, or other specialist specified by rule who
548
meets criteria specified by rule. The rules shall also provide
549
that:
550
(a) The rates charged to the licensee examined are
551
consistent with rates charged by other firms in similar
552
professions and are comparable with the rates charged for
553
comparable examinations.
554
(b) The licensee make payment for the examination pursuant
555
to s. 560.1092 and in accordance with the rates and terms
556
established by the office and the person or firm performing the
557
examination.
558
Section 6. Section 560.1092, Florida Statutes, is created
559
to read:
560
560.1092 Examination expenses.--
561
(1) Each licensee examined shall pay to the office the
562
expenses of the examination at the rates adopted by the
563
commission by rule. Such expenses shall include actual travel
564
expenses, reasonable living expense allowance, compensation of
565
the examiner or other person making the examination, and
566
necessary attendant administrative costs of the office directly
567
related to the examination. Travel expense and living expense
568
allowance are limited to those expenses incurred on account of
569
the examination and shall be paid by the examined licensee
570
together with compensation upon presentation by the office to the
571
licensee of a detailed account of the charges and expenses after
572
a detailed statement has been filed by the examiner and approved
573
by the office.
574
(2) All moneys collected from licensees for examinations
575
shall be deposited into the Regulatory Trust Fund, and the office
576
may make deposits into such fund from moneys appropriated for the
577
operation of the office.
578
(3) Notwithstanding s. 112.061, the office may pay to the
579
examiner or person making the examination out of the trust fund
580
the actual travel expenses, reasonable living expense allowance,
581
and compensation in accordance with the statement filed with the
582
office by the examiner or other person, as provided in subsection
583
(1) upon approval by the office.
584
(4) When not examining a licensee, the travel expenses, per
585
diem, and compensation for the examiners and other persons
586
employed to make examinations, if approved, shall be paid out of
587
moneys budgeted for such purpose as regular employees, and
588
reimbursement for travel expenses and per diem shall be at rates
589
as provided in s. 112.061.
590
Section 7. Section 560.110, Florida Statutes, is created to
591
read:
592
560.110 Records retention.--Each licensee and its
593
authorized vendors must maintain all books, accounts, documents,
594
files, and information necessary for determining compliance with
595
this chapter and related rules for 5 years unless a longer period
596
is required by other state or federal law.
597
(1) The records required under this chapter may be
598
maintained by the licensee at any location identified in its
599
license application or by amendment to the application. The
600
licensee must make such records available to the office for
601
examination and investigation in this state within 3 business
602
days after receipt of a written request.
603
(2) The original of any record of a licensee or authorized
604
vendor includes a record stored or transmitted by electronic,
605
computerized, mechanized, or other information storage or
606
retrieval or transmission system or device that can generate,
607
regenerate, or transmit the precise data or other information
608
comprising the record. An original also includes the visible data
609
or other information so generated, regenerated, or transmitted if
610
it is legible or can be made legible by enlargement or other
611
process.
612
(3) The commission may adopt rules to administer this
614
commission shall take into consideration federal regulations,
615
rulings, and guidance issued by an appropriate regulator.
616
(4) Any person who willfully fails to comply with this
619
620
Section 8. Section 560.111, Florida Statutes, is amended to
621
read:
622
560.111 Prohibited acts and practices.--
623
(1) A money services business, authorized vendor, or
624
affiliated party may not It is unlawful for any money transmitter
625
or money transmitter-affiliated party to:
626
(a) Receive or possess itself of any property except
627
otherwise than in payment of a just demand, and, with intent to
628
deceive or defraud, to omit to make or to cause to be made a full
629
and true entry thereof in its books and accounts, or to concur in
630
omitting to make any material entry thereof.;
631
(b) Embezzle, abstract, or misapply any money, property, or
632
thing of value belonging to the money services business, an of
633
the money transmitter or authorized vendor, or customer with
634
intent to deceive or defraud. such money transmitter or
635
authorized vendor;
636
(c) Make any false entry in its books, accounts, reports,
637
files, or documents any book, report, or statement of such money
638
transmitter or authorized vendor with intent to deceive or
639
defraud such money transmitter, authorized vendor, or another
640
person, or with intent to deceive the office, any appropriate
641
regulator other state or federal regulatory agency, or any
642
authorized third party representative appointed by the office to
643
examine or investigate the affairs of the such money services
644
business transmitter or authorized vendor.;
645
(d) Engage in an act that violates 18 U.S.C. s. 1956, 18
646
U.S.C. s. 1957, 18 U.S.C. s. 1960, 31 U.S.C. s. 5324, or any
647
other law, rule, or regulation of another state or of the United
648
States relating to a money services business, deferred
649
presentment provider, the business of money transmission or usury
650
which may cause the denial or revocation of a money services
651
business or deferred presentment provider transmitter license or
652
the equivalent registration in that such jurisdiction.;
653
(e) File with the office, sign as a duly authorized
654
representative, or deliver or disclose, by any means, to the
655
office or any of its employees any examination report, report of
656
condition, report of income and dividends, audit, account,
657
statement, file, or document known by it to be fraudulent or
658
false as to any material matter.; or
659
(f) Place among the assets of a money services business
660
such money transmitter or authorized vendor any note, obligation,
661
or security that the money services business transmitter or
662
authorized vendor does not own or is known to be that to the
663
person's knowledge is fraudulent or otherwise worthless, or for
664
any such person to represent to the office that any note,
665
obligation, or security carried as an asset of such money
666
transmitter or authorized vendor is the property of the money
667
services business transmitter or authorized vendor and is genuine
668
if it is known to be such person that such representation is
669
false or that such note, obligation, or security is fraudulent or
670
otherwise worthless.
671
(2) A It is unlawful for any person may not to knowingly
672
execute, or attempt to execute, a scheme or artifice to defraud a
673
money services business transmitter or authorized vendor, or to
674
obtain any of the moneys, funds, credits, assets, securities, or
675
other property owned by, or under the custody or control of, a
676
money services business transmitter or authorized vendor, by
677
means of false or fraudulent pretenses, representations, or
678
promises.
679
(3) Any person who violates any provision of this section
680
commits a felony of the third degree, punishable as provided in
682
(4) Any person who willfully violates any provision of s.
684
of the third degree, punishable as provided in s. 775.082, s.
686
Section 9. Section 560.113, Florida Statutes, is amended to
687
read:
688
560.113 Injunctions; receiverships; restitution.--Whenever
689
a violation of the code is threatened or impending and such
690
violation will cause substantial injury to any person, the
691
circuit court has jurisdiction to hear any complaint filed by the
692
office and, upon proper showing, to issue an injunction
693
restraining such violation or granting other such appropriate
694
relief.
695
(1) If the office determines that any person has engaged in
696
or is about to engage in any action that is a violation of this
697
chapter or related rules, the office may, in addition to or in
698
lieu of other remedies, bring an action on behalf of the state in
699
the circuit court against the person and any other person acting
700
in concert with such person to enjoin such person from engaging
701
in such act. The office may apply for, and on due showing be
702
entitled to have issued, the court's subpoena requiring the
703
appearance of the person and her or his employees, associated
704
persons, or agents and the production of any documents, books, or
705
records that may appear necessary for the hearing of the
706
petition, and to testify or give evidence concerning the acts
707
complained of.
708
(2) In addition to, or in lieu of, the enforcement of a
709
temporary restraining order, temporary injunction, or permanent
710
injunction against the person, the court may, upon application of
711
the office, impound and appoint a receiver or administrator for
712
the property, assets, and business of the defendant, including,
713
but not limited to, any related books, records, documents, or
714
papers. The receiver or administrator shall have all powers and
715
duties conferred by the court as to the custody, collection,
716
administration, winding up, and liquidation of the property and
717
business. The court may issue orders and decrees staying all
718
pending suits and enjoining any further suits affecting the
719
receiver's or administrator's custody or possession of the
720
property, assets, and business or may, with the consent of the
721
presiding judge of the circuit, require that all such suits be
722
assigned to the judge appointing the receiver or administrator.
723
(3) In addition to, or in lieu of, any other remedies
724
provided under this chapter, the office may apply to the court
725
hearing the matter for an order directing the defendant to make
726
restitution of those sums shown by the office to have been
727
obtained in violation of this chapter. Such restitution shall, at
728
the option of the court, be payable to the administrator or
729
receiver appointed under this section or directly to the persons
730
whose assets were obtained in violation of this chapter.
731
Section 10. Section 560.114, Florida Statutes, is amended
732
to read:
733
560.114 Disciplinary actions; penalties.--
734
(1) The following actions by a money services business,
735
authorized vendor, or affiliated party transmitter or money
736
transmitter-affiliated party are violations of the code and
737
constitute grounds for the issuance of a cease and desist order,
738
the issuance of a removal order, the denial, of a registration
739
application or the suspension, or revocation of a license any
740
registration previously issued pursuant to the code, or the
741
taking of any other action within the authority of the office
742
pursuant to this chapter the code:
743
(a) Failure to comply with any provision of this chapter or
744
related the code, any rule or order adopted pursuant thereto, or
745
any written agreement entered into with the office.
746
(b) Fraud, misrepresentation, deceit, or gross negligence
747
in any transaction by a involving money services business
748
transmission, regardless of reliance thereon by, or damage to, a
749
money transmitter customer.
750
(c) Fraudulent misrepresentation, circumvention, or
751
concealment of any matter that must required to be stated or
752
furnished to a money transmitter customer pursuant to this
753
chapter the code, regardless of reliance thereon by, or damage
754
to, such customer.
755
(d) False, deceptive, or misleading advertising.
756
(e) Failure to maintain, preserve, and keep available for
757
examination, and produce all books, accounts, files, or other
758
documents required by this chapter or related rules or orders the
759
code, by any rule or order adopted pursuant to the code, by 31
760
C.F.R. ss. 103.20, 103.22, 103.23, 103.27, 103.28, 103.29,
761
103.33, 103.37, 103.41, and 103.125 as they existed on March 31,
762
2004, or by any agreement entered into with the office.
763
(f) Refusing to allow Refusal to permit the examination or
764
inspection of books, accounts, files, or other documents and
765
records in an investigation or examination by the office,
766
pursuant to this chapter the provisions of the code, or to comply
767
with a subpoena issued by the office.
768
(g) Failure to pay a judgment recovered in any court in
769
this state by a claimant in an action arising out of a money
770
transmission transaction within 30 days after the judgment
771
becomes final.
772
(h) Engaging in an act prohibited under or practice
773
proscribed by s. 560.111.
774
(i) Insolvency or operating in an unsafe and unsound
775
manner.
776
(j) Failure by a money services business transmitter to
777
remove an affiliated a money transmitter-affiliated party after
778
the office has issued and served upon the money services business
779
transmitter a final order setting forth a finding that the
780
affiliated money transmitter-affiliated party has violated a any
781
provision of this chapter the code.
782
(k) Making a any material misstatement, or
783
misrepresentation, or omission or committing any fraud in an
784
initial or renewal application for licensure, any amendment to
785
such application, or application for the appointment of an
786
authorized vendor registration.
787
(l) Committing any act that results resulting in a license
788
an application for registration, or a registration or its
789
equivalent, to practice any profession or occupation being
790
denied, suspended, revoked, or otherwise acted against by a
791
licensing registering authority in any jurisdiction or a finding
792
by an appropriate regulatory body of engaging in unlicensed
793
activity as a money transmitter within any jurisdiction.
794
(m) Being the subject of final agency action or its
795
equivalent, issued by an appropriate regulator, for engaging in
796
unlicensed activity as a money services business or deferred
797
presentment provider in any jurisdiction.
798
(n)(m) Committing any act resulting in a license
799
registration or its equivalent, or an application for
800
registration, to practice any profession or occupation being
801
denied, suspended, revoked, or otherwise acted against by a
802
licensing registering authority in any jurisdiction for a
803
violation of 18 U.S.C. s. 1956, 18 U.S.C. s. 1957, 18 U.S.C. s.
804
1960, 31 U.S.C. s. 5324, or any other law or, rule, or regulation
805
of another state or of the United States relating to a money
806
services business, deferred presentment provider, the business of
807
money transmission or usury that which may cause the denial,
808
suspension, or revocation of a money services business or
809
deferred presentment provider transmitter license or its
810
equivalent or registration in such jurisdiction.
811
(o)(n) Having been convicted of or found guilty of, or
812
entered a plea of having pleaded guilty or nolo contendere to,
813
any felony or crime punishable by imprisonment of 1 year or more
814
under the law of any state or of the United States which involves
815
fraud, moral turpitude, or dishonest dealing, regardless of
816
adjudication without regard to whether a judgment of conviction
817
has been entered by the court.
818
(p)(o) Having been convicted of or found guilty of, or
819
entered a plea of having pleaded guilty or nolo contendere to, a
820
crime under 18 U.S.C. s. 1956 or 31 U.S.C. s. 5324, regardless of
821
adjudication without regard to whether a judgment of conviction
822
has been entered by the court.
823
(q)(p) Having been convicted of or found guilty of, or
824
entered a plea of having pleaded guilty or nolo contendere to,
825
misappropriation, conversion, or unlawful withholding of moneys
826
belonging that belong to others, regardless of adjudication and
827
were received in the conduct of the business of the money
828
transmitter.
829
(r)(q) Failure to inform the office in writing within 30 15
830
days after having pled pleading guilty or nolo contendere to, or
831
being convicted or found guilty of, any felony or crime
832
punishable by imprisonment of 1 year or more under the law of any
833
state or of the United States, or of any crime involving fraud,
834
moral turpitude, or dishonest dealing, without regard to whether
835
a judgment of conviction has been entered by the court.
836
(s)(r) Aiding, assisting, procuring, advising, or abetting
837
any person in violating a provision of this chapter code or any
838
order or rule of the office or commission.
839
(t)(s) Failure to timely pay any fee, charge, or cost
840
imposed or assessed fine under this chapter the code.
841
(u) Failing to pay a fine assessed by the office within 30
842
days after the due date as stated in a final order.
843
(v)(t) Failure to pay any judgment entered by any court
844
within 30 days after the judgment becomes final.
845
(u) Engaging or holding oneself out to be engaged in the
846
business of a money transmitter without the proper registration.
847
(v) Any action that would be grounds for denial of a
848
registration or for revocation, suspension, or restriction of a
849
registration previously granted under part III of this chapter.
850
(w) Failure to pay any fee, charge, or fine under the code.
851
(w)(x) Engaging or advertising engagement in the business
852
of a money services business or deferred presentment provider
853
transmitter without a license registration, unless the person is
854
exempted from licensure the registration requirements of the
855
code.
856
(x)(y) Payment to the office for a license or other fee,
857
charge, cost, or fine permit with a check or electronic
858
transmission of funds that is dishonored by the applicant's or
859
licensee's financial institution.
860
(y) Violations of 31 C.F.R. ss. 103.20, 103.22, 103.23,
861
103.27, 103.28, 103.29, 103.33, 103.37, 103.41, and 103.125, and
862
United States Treasury Interpretative Release 2004-1.
863
(z) Any practice or conduct that creates the likelihood of
864
a material loss, insolvency, or dissipation of assets of a money
865
services business or otherwise materially prejudices the
866
interests of its customers.
867
(2) The office may immediately suspend the license of any
868
money services business if the money services business fails to
869
provide to the office, upon written request, any of the records
871
suspension may be rescinded if the licensee submits the requested
872
records to the office. For purposes of s. 120.60(6), failure to
873
provide any of the above-mentioned records constitutes immediate
874
and serious danger to the public health, safety, and welfare.
875
(3) The office may deny licensure if the applicant or an
876
affiliated party is the subject of a pending criminal prosecution
877
or governmental enforcement action in any jurisdiction until the
878
conclusion of the prosecution or action.
879
(4)(2) The office may issue a cease and desist order or
880
removal order, suspend or revoke a license any previously issued
881
registration, or take any other action within the authority of
882
the office against a licensee money transmitter based on any fact
883
or condition that exists and that, if it had existed or been
884
known to exist at the time of license application the money
885
transmitter applied for registration, would have been grounds for
886
license denial of registration.
887
(5)(3) A Each money services business licensed under part
888
II of this chapter transmitter is responsible for any act of its
889
authorized vendors if the money services business transmitter
890
should have known of the act or had if the money transmitter has
891
actual knowledge that such act is a violation of this chapter,
892
the code and the money services business transmitter willfully
893
allowed the such act to continue. Such responsibility is limited
894
to conduct engaged in by the authorized vendor pursuant to the
895
authority granted to it by the money services business
896
transmitter.
897
(6)(4) If a license registration granted under this chapter
898
code expires or is surrendered by the licensee registrant during
899
the pendency of an administrative action under this code, the
900
proceeding may continue as if the license is registration were
901
still in effect.
902
(7) The office may, in addition to or in lieu of the
903
denial, suspension, or revocation of a license, impose a fine of
904
at least $1,000 but not more than $10,000 for each violation of
905
this chapter.
906
(8) In addition to any other provision of this chapter, the
907
office may impose a fine of up to $1,000 per day for each day
908
that a person engages in the business of a money services
909
business or deferred presentment provider without being licensed.
910
Section 11. Section 560.1141, Florida Statutes, is created
911
to read:
912
560.1141 Disciplinary guidelines.--
913
(1) The commission shall adopt by rule disciplinary
914
guidelines applicable to each ground for disciplinary action that
915
may be imposed by the office.
916
(2) The disciplinary guidelines shall specify a meaningful
917
range of designated penalties based upon the severity and
918
repetition of specific offenses and that distinguish minor
919
violations from those that endanger the public health, safety, or
920
welfare; that provide reasonable and meaningful notice to the
921
public of likely penalties that may be imposed for proscribed
922
conduct; and that ensure that such penalties are imposed in a
923
consistent manner by the office.
924
(3) The commission shall adopt by rule mitigating and
925
aggravating circumstances that allow the office to impose a
926
penalty other than that provided for in the guidelines, and for
927
variations and a range of penalties permitted under such
928
circumstances.
929
Section 12. Section 560.115, Florida Statutes, is amended
930
to read:
931
560.115 Surrender of license registration.--A licensee Any
932
money transmitter registered pursuant to the code may voluntarily
933
surrender its license registration at any time by giving written
934
notice to the office.
935
Section 13. Section 560.116, Florida Statutes, is amended
936
to read:
937
560.116 Civil immunity.--Any person having reason to
938
believe that a provision of this chapter the code is being
939
violated, or has been violated, or is about to be violated, may
940
file a complaint with the office setting forth the details of the
941
alleged violation. Such person is immune An Immunity from civil
942
liability is hereby granted to any person who furnishes such
943
information, unless the information provided is false and has
944
been provided the person providing the information does so with
945
reckless disregard for the truth.
946
Section 14. Section 560.118, Florida Statutes, is amended
947
to read:
948
560.118 Examinations, Reports, and internal audits;
949
penalty.--
950
(1)(a) The office may conduct an examination of a money
951
transmitter or authorized vendor by providing not less than 15
952
days' advance notice to the money transmitter or authorized
953
vendor. However, if the office suspects that the money
954
transmitter or authorized vendor has violated any provisions of
955
this code or any criminal laws of this state or of the United
956
States or is engaging in an unsafe and unsound practice, the
957
office may, at any time without advance notice, conduct an
958
examination of all affairs, activities, transactions, accounts,
959
business records, and assets of any money transmitter or any
960
money transmitter-affiliated party for the protection of the
961
public. For the purpose of examinations, the office may
962
administer oaths and examine a money transmitter or any of its
963
affiliated parties concerning their operations and business
964
activities and affairs. The office may accept an audit or
965
examination from any appropriate regulatory agency or from an
966
independent third party with respect to the operations of a money
967
transmitter or an authorized vendor. The office may also make a
968
joint or concurrent examination with any state or federal
969
regulatory agency. The office may furnish a copy of all
970
examinations made of such money transmitter or authorized vendor
971
to the money transmitter and any appropriate regulatory agency
972
provided that such agency agrees to abide by the confidentiality
973
provisions as set forth in chapter 119.
974
(b) Persons subject to this chapter who are examined shall
975
make available to the office or its examiners the accounts,
976
records, documents, files, information, assets, and matters which
977
are in their immediate possession or control and which relate to
978
the subject of the examination. Those accounts, records,
979
documents, files, information, assets, and matters not in their
980
immediate possession shall be made available to the office or the
981
office's examiners within 10 days after actual notice is served
982
on such persons.
983
(c) The audit of a money transmitter required under this
984
section may be performed by an independent third party that has
985
been approved by the office or by a certified public accountant
986
authorized to do business in the United States. The examination
987
of a money transmitter or authorized vendor required under this
988
section may be performed by an independent third party that has
989
been approved by the office or by a certified public accountant
990
authorized to do business in the United States. The cost of such
991
an independent examination or audit shall be directly borne by
992
the money transmitter or authorized vendor.
993
(2)(a) Annual financial audit reports must that are
994
required to be filed with the office pursuant to this chapter or
995
related rules under the code or any rules adopted thereunder must
996
be audited by an independent third party that has been approved
997
by the office or by a certified public accountant authorized to
998
do business in the United States. The licensee money transmitter
999
or authorized vendor shall directly bear the cost of the audit.
1000
This paragraph does not apply to any seller of payment
1001
instruments who can prove to the satisfaction of the office that
1002
it has a combined total of fewer than 50 employees and authorized
1003
vendors or that its annual payment instruments issued from its
1004
activities as a payment instrument seller are less than $200,000.
1005
(2)(b) Each licensee must submit The commission may, by
1006
rule, require each money transmitter or authorized vendor to
1007
submit quarterly reports to the office in a format and include
1008
information as specified by rule. The rule commission may require
1009
the that each report to contain a declaration by an officer, or
1010
any other responsible person authorized to make such declaration,
1011
that the report is true and correct to the best of her or his
1012
knowledge and belief. Such report must include such information
1013
as the commission by rule requires for that type of money
1014
transmitter.
1015
(c) The office may levy an administrative fine of up to
1016
$100 per day for each day the report is past due, unless it is
1017
excused for good cause. In excusing any such administrative fine,
1018
the office may consider the prior payment history of the money
1019
transmitter or authorized vendor.
1020
(3) Any person who willfully violates this section or fails
1021
to comply with any lawful written demand or order of the office
1022
made under this section commits a felony of the third degree,
1024
Section 15. Section 560.119, Florida Statutes, is
1025
transferred, renumbered as section 560.144, Florida Statutes, and
1026
amended to read:
1027
560.144 560.119 Deposit of fees and assessments.--License
1028
The application fees, license registration renewal fees, late
1029
payment penalties, civil penalties, administrative fines, and
1030
other fees, costs, or penalties provided for in this chapter the
1031
code shall, in all cases, be paid directly to the office, which
1032
shall deposit such proceeds into the Regulatory Trust Fund, and
1033
use the proceeds to pay the costs of the office as necessary to
1034
carry out its responsibilities under this chapter. Each year, the
1035
Legislature shall appropriate from the trust fund to the office
1036
sufficient moneys to pay the office's costs for administration of
1037
the code. The Regulatory Trust Fund is subject to the service
1038
charge imposed pursuant to chapter 215.
1039
Section 16. Section 560.121, Florida Statutes, is amended
1040
to read:
1041
560.121 Access to records; record retention; penalties
1042
limited restrictions upon public access.--
1043
(1)(a) Orders of courts or of administrative law judges for
1044
the production of confidential records or information must shall
1045
provide for inspection in camera by the court or the
1046
administrative law judge; and, if after the court or
1047
administrative law judge determines has made a determination that
1048
the documents requested are relevant or would likely lead to the
1049
discovery of admissible evidence, said documents shall be subject
1050
to further orders by the court or the administrative law judge
1051
must issue further orders to protect the confidentiality of the
1052
documents thereof. Any order directing the release of information
1053
is shall be immediately reviewable, and a petition by the office
1054
for review of the such order shall automatically stay further
1055
proceedings in the trial court or the administrative hearing
1056
until the disposition of the such petition by the reviewing
1057
court. If any other party files such A petition for review of the
1058
order filed by any other party shall, it will operate as a stay
1059
of the such proceedings only upon order of the reviewing court.
1060
(2)(b) Confidential records and information furnished
1061
pursuant to a legislative subpoena must shall be kept
1062
confidential by the legislative body or committee which receives
1063
the records or information, except in cases a case involving the
1064
investigation of charges against a public official subject to
1065
impeachment or removal, and then disclosure of such information
1066
shall be only to the extent determined to be necessary by the
1067
legislative body or committee to be necessary.
1068
(3)(2) The commission may prescribe by rule the minimum
1069
information that must be shown in the books, accounts, records,
1070
and documents of licensees for purposes of enabling the office to
1071
determine the licensee's compliance with this chapter. In
1072
addition, the commission may prescribe by rule requirements for
1073
the destruction of books, accounts, records, and documents
1074
retained by the licensee after completion of the time period
1075
specified in this subsection. Examination reports, investigatory
1076
records, applications, and related information compiled by the
1077
office, or photographic copies thereof, must shall be retained by
1078
the office for a period of at least 5 3 years after following the
1079
date that the examination or investigation ceases to be active.
1080
Application records, and related information compiled by the
1081
office, or photographic copies thereof, must shall be retained by
1082
the office for a period of at least 5 2 years after following the
1083
date that the license registration ceases to be active.
1084
(3) A copy of any document on file with the office which is
1085
certified by the office as being a true copy may be introduced in
1086
evidence as if it were the original. The commission shall
1087
establish a schedule of fees for preparing true copies of
1088
documents.
1089
(4) Any person who willfully discloses information made
1090
confidential by this section commits a felony of the third
1092
1093
Section 17. Section 560.123, Florida Statutes, is amended
1094
to read:
1095
560.123 Florida Control of Money Laundering in the Money
1096
Services Business Act Transmitters' Code; reports of transactions
1097
involving currency or monetary instruments; when required;
1098
purpose; definitions; penalties; corpus delicti.--
1099
(1) This section may be cited as the "Florida Control of
1100
Money Laundering in Money Services Business Transmitters Act."
1101
(2) It is The purpose of this section is to require the
1102
submission to the office of reports and the maintenance of
1103
certain records of transactions involving currency or payment
1104
monetary instruments in order to which reports and records deter
1105
the use of a money services business money transmitters to
1106
conceal proceeds from criminal activity and to ensure the
1107
availability of such records for are useful in criminal, tax, or
1108
regulatory investigations or proceedings.
1109
(3)(a) A Every money services business must transmitter
1110
shall keep a record of every each financial transaction occurring
1111
in this state known to it which occurs in this state; involves to
1112
involve currency or other payment monetary instrument, as
1113
prescribed the commission prescribes by rule, having of a value
1114
greater than in excess of $10,000; and involves, to involve the
1115
proceeds of specified unlawful activity, or is to be designed to
1116
evade the reporting requirements of this section or chapter 896.
1117
The money services business must and shall maintain appropriate
1118
procedures to ensure compliance with this section and chapter
1119
896.
1120
(a)(b) Multiple financial transactions shall be treated as
1121
a single transaction if the money services business transmitter
1122
has knowledge that they are made by or on behalf of any one
1123
person and result in either cash in or cash out totaling more
1124
than $10,000 during any day.
1125
(b)(c) A Any money services business transmitter may keep a
1126
record of any financial transaction occurring in this state,
1127
regardless of the value, if it suspects that the transaction
1128
involves the proceeds of specified unlawful activity.
1129
(c) The money services business must file a report with the
1130
office of any records required by this subsection, at such time
1131
and containing such information as required by rule. The timely
1132
filing of the report required by 31 U.S.C. s. 5313 with the
1133
appropriate federal agency shall be deemed compliance with the
1134
reporting requirements of this subsection unless the reports are
1135
not regularly and comprehensively transmitted by the federal
1136
agency to the office.
1137
(d) A money services business transmitter, or officer,
1138
employee, or agent thereof, that files a report in good faith
1139
pursuant to this section is not liable to any person for loss or
1140
damage caused in whole or in part by the making, filing, or
1141
governmental use of the report, or any information contained
1142
therein.
1143
(4)(3) A money services business transmitters must comply
1144
with adhere to the money laundering, enforcement, and reporting
1145
provisions of s. 655.50, relating to reports of transactions
1146
involving currency transactions and payment monetary instruments,
1147
and of chapter 896, concerning offenses relating to financial
1148
transactions.
1149
(5)(4) In enforcing this section, the commission and office
1150
shall acknowledge and take into consideration the requirements of
1151
Title 31, United States Code, in order both to reduce the burden
1152
of fulfilling duplicate requirements and to acknowledge the
1153
economic advantage of having similar reporting and recordkeeping
1154
requirements between state and federal regulatory authorities.
1155
(5)(a) Each money transmitter must file a report with the
1156
office of the record required by this section. Each record filed
1157
pursuant to this section must be filed at such time and contain
1158
such information as the commission requires by rule.
1159
(b) The timely filing of the report required by 31 U.S.C.
1160
s. 5313, with the appropriate federal agency is deemed compliance
1161
with the reporting requirements of this subsection unless the
1162
reports are not regularly and comprehensively transmitted by the
1163
federal agency to the office.
1164
(6) The office must retain a copy of all reports received
1165
under subsection (3) (5) for a minimum of 5 3 calendar years
1166
after receipt of the report. However, if a report or information
1167
contained in a report is known by the office to be the subject of
1168
an existing criminal proceeding, the report must be retained for
1169
a minimum of 10 calendar years after from the date of receipt.
1170
(7) In addition to any other powers conferred upon the
1171
office to enforce and administer this chapter the code, the
1172
office may:
1173
(a) Bring an action in any court of competent jurisdiction
1174
to enforce or administer this section. In such action, the office
1175
may seek award of any civil penalty authorized by law and any
1176
other appropriate relief at law or equity.
1177
(b) Issue and serve upon a person an order requiring the
1178
such person to cease and desist and take corrective action if
1179
whenever the office finds that the such person is violating, has
1180
violated, or is about to violate any provision of this section or
1181
chapter 896; any rule or order adopted under this section or
1182
chapter 896; or any written agreement related to this section or
1183
chapter 896 which is entered into with the office.
1184
(c) Issue and serve upon a person an order suspending or
1185
revoking the such person's money services business license if
1186
transmitter registration whenever the office finds that the such
1187
person is violating, has violated, or is about to violate any
1188
provision of this section or chapter 896; any rule or order
1189
adopted under this section or chapter 896; or any written
1190
agreement related to this section or chapter 896 which is entered
1191
into with the office.
1192
(d) Issue and serve upon any person an order of removal
1193
whenever the office finds that the such person is violating, has
1194
violated, or is about to violate any provision of this section or
1195
chapter 896; any rule or order adopted under this section or
1196
chapter 896; or any written agreement related to this section or
1197
chapter 896 which is entered into with the office.
1198
(e) Impose and collect an administrative fine against any
1199
person found to have violated any provision of this section or
1200
chapter 896; any rule or order adopted under this section or
1201
chapter 896; or any written agreement related to this section or
1202
chapter 896 which is entered into with the office, of up to in an
1203
amount not exceeding $10,000 per a day for each willful violation
1204
or $500 per a day for each negligent violation.
1205
(8)(a) Except as provided in paragraph (b), a person who
1206
willfully violates any provision of this section commits a
1207
misdemeanor of the first degree, punishable as provided in s.
1209
(b) A person who willfully violates any provision of this
1210
section, if the violation involves:
1211
1. Currency or payment instruments exceeding $300 but less
1212
than $20,000 in any 12-month period, commits a felony of the
1214
or s. 775.084.
1215
2. Currency or payment instruments totaling or exceeding
1216
$20,000 but less than $100,000 in any 12-month period, commits a
1217
felony of the second degree, punishable as provided in s.
1219
3. Currency or payment instruments totaling or exceeding
1220
$100,000 in any 12-month period, commits a felony of the first
1222
1223
(c) In addition to the penalties otherwise authorized by s.
1225
convicted of, or entered a plea of who has pleaded guilty or nolo
1226
contendere, regardless of adjudication, to having violated
1227
paragraph (b) may be sentenced to pay a fine of up to not
1228
exceeding $250,000 or twice the value of the currency or payment
1229
instruments, whichever is greater, except that on a second or
1230
subsequent conviction for or plea of guilty or nolo contendere,
1231
regardless of adjudication, to a violation of paragraph (b), the
1232
fine may be up to $500,000 or quintuple the value of the currency
1233
or payment instruments, whichever is greater.
1234
(d) A person who violates this section is also liable for a
1235
civil penalty of not more than the greater of the value of the
1236
currency or payment instruments involved or $25,000.
1237
(9) In any prosecution brought pursuant to this section,
1238
the common law corpus delicti rule does not apply. The
1239
defendant's confession or admission is admissible during trial
1240
without the state having to prove the corpus delicti if the court
1241
finds in a hearing conducted outside the presence of the jury
1242
that the defendant's confession or admission is trustworthy.
1243
Before the court admits the defendant's confession or admission,
1244
the state must prove by a preponderance of the evidence that
1245
there is sufficient corroborating evidence that tends to
1246
establish the trustworthiness of the statement by the defendant.
1247
Hearsay evidence is admissible during the presentation of
1248
evidence at the hearing. In making its determination, the court
1249
may consider all relevant corroborating evidence, including the
1250
defendant's statements.
1251
Section 18. Section 560.1235, Florida Statutes, is created
1252
to read:
1253
560.1235 Anti-money laundering requirements.--
1254
(1) A licensee and authorized vendor must comply with all
1255
state and federal laws and rules relating to the detection and
1256
prevention of money laundering, including, as applicable, s.
1257
560.123, and 31 C.F.R. ss. 103.20, 103.22, 103.23, 103.27.
1258
103.28, 103.29, 103.33, 103.37, and 103.41.
1259
(2) A licensee and authorized vendor must maintain an anti-
1260
money laundering program in accordance with 31 C.F.R. s. 103.125.
1261
The program must be reviewed and updated as necessary to ensure
1262
that the program continues to be effective in detecting and
1263
deterring money laundering activities.
1264
(3) A licensee must comply with United States Treasury
1265
Interpretive Release 2004-1.
1266
Section 19. Section 560.124, Florida Statutes, is amended
1267
to read:
1268
560.124 Sharing of information.--
1269
(1) It is not unlawful for Any person may to provide
1270
information to a money services business transmitter, authorized
1271
vendor, law enforcement agency, prosecutorial agency, or
1272
appropriate regulator, or for any money services business
1273
transmitter, authorized vendor, law enforcement agency,
1274
prosecutorial agency, or appropriate regulator may to provide
1275
information to any person, information about any other person's
1276
known or suspected involvement in a violation of any state,
1277
federal, or foreign law, rule, or regulation relating to the
1278
business of a money services business or deferred present
1279
provider transmitter which has been reported to state, federal,
1280
or foreign authorities, and is not.
1281
(2) No person shall be liable in any civil action for
1282
providing such information.
1283
Section 20. Section 560.125, Florida Statutes, is amended
1284
to read:
1285
560.125 Unlicensed activity Money transmitter business by
1286
unauthorized persons; penalties.--
1287
(1) A person other than a registered money transmitter or
1288
authorized vendor may not engage in the business of a money
1289
services business or deferred presentment provider transmitter in
1290
this state unless the person is licensed or exempted from
1291
licensure under this chapter from the registration requirements
1292
of the code.
1293
(2) Only a money services business licensed under part II
1294
of this chapter may appoint an authorized vendor. No person shall
1295
act as a vendor of a money transmitter when such money
1296
transmitter is subject to registration under the code but has not
1297
registered. Any such person acting as a vendor for an unlicensed
1298
money transmitter or payment instrument issuer becomes the
1299
principal thereof, and no longer merely acts as a vendor, and
1300
such person is liable to the holder or remitter as a principal
1301
money transmitter or payment instrument seller.
1302
(3) Any person whose substantial interests are affected by
1303
a proceeding brought by the office pursuant to this chapter the
1304
code may, pursuant to s. 560.113, petition any court of competent
1305
jurisdiction to enjoin the person or activity that is the subject
1306
of the proceeding from violating any of the provisions of this
1307
section. For the purpose of this subsection, any money services
1308
business licensed under this chapter transmitter registered
1309
pursuant to the code, any person residing in this state, and any
1310
person whose principal place of business is in this state are
1311
presumed to be substantially affected. In addition, the interests
1312
of a trade organization or association are deemed substantially
1313
affected if the interests of any of its members are so affected.
1314
(4) The office may issue and serve upon any person who
1315
violates any of the provisions of this section a complaint
1316
seeking a cease and desist order or impose an administrative fine
1317
as provided in s. 560.114 in accordance with the procedures and
1318
in the manner prescribed by s. 560.112. The office may also
1319
impose an administrative fine pursuant to s. 560.117(3) against
1320
any person who violates any of the provisions of this section.
1321
(5) A person who violates this section, if the violation
1322
involves:
1323
(a) Currency or payment instruments exceeding $300 but less
1324
than $20,000 in any 12-month period, commits a felony of the
1326
or s. 775.084.
1327
(b) Currency or payment instruments totaling or exceeding
1328
$20,000 but less than $100,000 in any 12-month period, commits a
1329
felony of the second degree, punishable as provided in s.
1331
(c) Currency or payment instruments totaling or exceeding
1332
$100,000 in any 12-month period, commits a felony of the first
1334
1335
(6) In addition to the penalties authorized by s. 775.082,
1337
entered a plea of found guilty of or who has pleaded guilty or
1338
nolo contendere, to having violated this section may be sentenced
1339
to pay a fine of up to not exceeding $250,000 or twice the value
1340
of the currency or payment instruments, whichever is greater,
1341
except that on a second or subsequent violation of this section,
1342
the fine may be up to $500,000 or quintuple the value of the
1343
currency or payment instruments, whichever is greater.
1344
(7) A person who violates this section is also liable for a
1345
civil penalty of not more than the value of the currency or
1346
payment instruments involved or $25,000, whichever is greater.
1347
(8) In any prosecution brought pursuant to this section,
1348
the common law corpus delicti rule does not apply. The
1349
defendant's confession or admission is admissible during trial
1350
without the state having to prove the corpus delicti if the court
1351
finds in a hearing conducted outside the presence of the jury
1352
that the defendant's confession or admission is trustworthy.
1353
Before the court admits the defendant's confession or admission,
1354
the state must prove by a preponderance of the evidence that
1355
there is sufficient corroborating evidence that tends to
1356
establish the trustworthiness of the statement by the defendant.
1357
Hearsay evidence is admissible during the presentation of
1358
evidence at the hearing. In making its determination, the court
1359
may consider all relevant corroborating evidence, including the
1360
defendant's statements.
1361
Section 21. Section 560.126, Florida Statutes, is amended
1362
to read:
1363
560.126 Significant events; notice Required notice by
1364
licensee.--
1365
(1) A licensee Unless exempted by the office, every money
1366
transmitter must provide the office with a written notice sent by
1367
registered mail within 30 days after the occurrence or knowledge
1368
of, whichever period of time is greater, any of the following
1369
events:
1370
(a) The filing of a petition under the United States
1371
Bankruptcy Code for bankruptcy or reorganization by the licensee
1372
money transmitter.
1373
(b) The commencement of an administrative or judicial
1374
license any registration suspension or revocation proceeding,
1375
either administrative or judicial, or the denial of a license any
1376
original registration request or a registration renewal, by any
1377
state, the District of Columbia, any United States territory, or
1378
any foreign country, in which the licensee money transmitter
1379
operates, or plans to operate, or is licensed or has registered
1380
to operate.
1381
(c) A felony indictment relating to a the money services
1382
transmission business or deferred presentment provider involving
1383
the licensee, its authorized vendor, or an affiliated money
1384
transmitter or a money transmitter-affiliated party of the money
1385
transmitter.
1386
(d) The felony conviction, guilty plea, or plea of nolo
1387
contendere, regardless of adjudication, of the licensee, its
1388
authorized vendor, or an affiliated if the court adjudicates the
1389
nolo contendere pleader guilty, or the adjudication of guilt of a
1390
money transmitter or money transmitter-affiliated party.
1391
(e) The interruption of any corporate surety bond required
1392
under this chapter by the code.
1393
(f) Any suspected criminal act, as defined by the
1394
commission by rule, perpetrated in this state relating to
1395
activities regulated under this chapter by an affiliated party
1396
against a money services business transmitter or authorized
1397
vendor.
1398
(g) Notification by a law enforcement or prosecutorial
1399
agency that the licensee or its authorized vendor is under
1400
criminal investigation including, but not limited to, subpoenas
1401
to produce records or testimony and warrants issued by a court of
1402
competent jurisdiction which authorize the search and seizure of
1403
any records relating to a business activity regulated under this
1404
chapter.
1405
1406
However, a person does not incur liability as a result of making
1407
a good faith effort to fulfill this disclosure requirement.
1408
(2)(a) A licensee must Each registrant under this code
1409
shall report, on a form adopted prescribed by rule of the
1410
commission, any change in the information contained in an any
1411
initial license application form, or any amendment to such
1412
application, or the appointment of an authorized vendor within
1413
thereto not later than 30 days after the change is effective.
1414
(3)(b) Each licensee must registrant under the code shall
1415
report any change changes in the partners, officers, members,
1416
joint venturers, directors, controlling shareholders, or
1417
responsible persons of the licensee any registrant or changes in
1418
the form of business organization by written amendment in such
1419
form and at such time as specified the commission specifies by
1420
rule.
1421
(a)1. If In any case in which a person or a group of
1422
persons, directly or indirectly or acting by or through one or
1423
more persons, proposes to purchase or acquire a controlling
1424
interest in a licensee, such person or group must submit an
1425
initial application for licensure registration as a money
1426
services business or deferred presentment provider transmitter
1427
before such purchase or acquisition at such time and in such form
1428
as prescribed the commission prescribes by rule.
1429
2. As used in this subsection, the term "controlling
1430
interest" means the same as described in s. 560.127 possession of
1431
the power to direct or cause the direction of the management or
1432
policies of a company whether through ownership of securities, by
1433
contract, or otherwise. Any person who directly or indirectly has
1434
the right to vote 25 percent or more of the voting securities of
1435
a company or is entitled to 25 percent or more of its profits is
1436
presumed to possess a controlling interest.
1437
(b)3. The Any addition of a partner, officer, member, joint
1438
venturer, director, controlling shareholder, or responsible
1439
person of the applicant who does not have a controlling interest
1440
and who has not previously complied with the applicable
1442
shall be subject to such provisions unless required to file an
1443
initial application in accordance with subparagraph 1. If the
1444
office determines that the licensee registrant does not continue
1445
to meet the licensure registration requirements, the office may
1446
bring an administrative action in accordance with s. 560.114 to
1447
enforce the provisions of this chapter code.
1448
(c)4. The commission shall adopt rules pursuant to ss.
1450
application required by this subsection if the person or group of
1451
persons proposing to purchase or acquire a controlling interest
1452
in a licensee registrant has previously complied with the
1453
applicable provisions of ss. 560.140 and 560.141 under ss.
1455
licensed registered with the office under this chapter code.
1456
Section 22. Section 560.127, Florida Statutes, is amended
1457
to read:
1458
560.127 Control of a money services business
1459
transmitter.--A person has a controlling interest in control over
1460
a money services business transmitter if the person:
1461
(1) The individual, partnership, corporation, trust, or
1462
other organization Possesses the power, directly or indirectly,
1463
to direct the management or policies of the money services
1464
business a company, whether through ownership of securities, by
1465
contract, or otherwise;. A person is presumed to control a
1466
company if, with respect to a particular company, that person:
1467
(a) Is a director, general partner, or officer exercising
1468
executive responsibility or having similar status or functions;
1469
(2)(b) Directly or indirectly may vote 25 percent or more
1470
of a class of a voting security or sell or direct the sale of 25
1471
percent or more of a class of voting securities; or
1472
(3)(c) In the case of a partnership, may receive upon
1473
dissolution or has contributed 25 percent or more of the capital.
1474
(2) The office determines, after notice and opportunity for
1475
hearing, that the person directly or indirectly exercises a
1476
controlling influence over the activities of the money
1477
transmitter.
1478
Section 23. Section 560.128, Florida Statutes, is amended
1479
to read:
1480
560.128 Customer contacts; license display Consumer
1481
disclosure.--
1482
(1) A money services business and authorized vendor must
1483
provide each customer with Every money transmitter and authorized
1484
vendor shall provide each consumer of a money transmitter
1485
transaction a toll-free telephone number for the purpose of
1486
contacting the money services business or authorized vendor or,
1487
consumer contacts; However, in lieu of a such toll-free telephone
1488
number, the money transmitter or authorized vendor may provide
1489
the address and telephone number of the office may be provided
1490
and the Division of Consumer Services of the Department of
1491
Financial Services.
1492
(2) The commission may by rule require a licensee every
1493
money transmitter to display its license registration at each
1494
location, including the location of each person designated by the
1495
registrant as an authorized vendor, where the licensee the money
1496
transmitter engages in the activities authorized by the license
1497
registration.
1498
Section 24. Section 560.129, Florida Statutes, is amended
1499
to read:
1500
560.129 Confidentiality.--
1501
(1)(a) Except as otherwise provided in this section, all
1502
information concerning an investigation or examination conducted
1503
by the office pursuant to this chapter, including any customer
1504
consumer complaint received by the office or the Department of
1505
Financial Services, is confidential and exempt from s. 119.07(1)
1506
and s. 24(a), Art. I of the State Constitution until the
1507
investigation or examination ceases to be active. For purposes of
1508
this section, an investigation or examination is considered
1509
"active" so long as the office or any other administrative,
1510
regulatory, or law enforcement agency of any jurisdiction is
1511
proceeding with reasonable dispatch and has a reasonable good
1512
faith belief that action may be initiated by the office or other
1513
administrative, regulatory, or law enforcement agency.
1514
(2)(b) Notwithstanding paragraph (a), All information
1515
obtained by the office in the course of its investigation or
1516
examination which is a trade secret, as defined in s. 688.002, or
1517
which is personal financial information shall remain confidential
1518
and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
1519
Constitution. If any administrative, civil, or criminal
1520
proceeding against a the money services business, its authorized
1521
vendor, transmitter or an affiliated a money transmitter-
1522
affiliated party is initiated and the office seeks to use matter
1523
that a licensee registrant believes to be a trade secret or
1524
personal financial information, such records shall be subject to
1525
an in camera review by the administrative law judge, if the
1526
matter is before the Division of Administrative Hearings, or a
1527
judge of any court of this state, any other state, or the United
1528
States, as appropriate, for the purpose of determining if the
1529
matter is a trade secret or is personal financial information. If
1530
it is determined that the matter is a trade secret, the matter
1531
shall remain confidential. If it is determined that the matter is
1532
personal financial information, the matter shall remain
1533
confidential unless the administrative law judge or judge
1534
determines that, in the interests of justice, the matter should
1535
become public.
1536
(3)(c) If an any administrative, civil, or criminal
1537
proceeding against a the money services business, its authorized
1538
vendor, transmitter or an affiliated a money transmitter-
1539
affiliated party results in an acquittal or the dismissal of all
1540
of the allegations against the money transmitter or a money
1541
transmitter-affiliated party, upon the request of any party, the
1542
administrative law judge or the judge may order all or a portion
1543
of the record of the proceeding to be sealed, and it shall
1544
thereafter be confidential and exempt from s. 119.07(1) and s.
1545
24(a), Art. I of the State Constitution.
1546
(4)(d) Except as necessary for the office or any other
1547
administrative, regulatory, or law enforcement agency of any
1548
jurisdiction to enforce the provisions of this chapter or the law
1549
of any other state or the United States, a consumer complaint and
1550
other information concerning an investigation or examination
1551
shall remain confidential and exempt from s. 119.07(1) and s.
1552
24(a), Art. I of the State Constitution after the investigation
1553
or examination ceases to be active to the extent that disclosure
1554
would:
1555
(a)1. Jeopardize the integrity of another active
1556
investigation;
1557
(b)2. Reveal personal financial information;
1558
(c)3. Reveal the identity of a confidential source; or
1559
(d)4. Reveal investigative techniques or procedures.
1560
(5)(2) This section does not prevent or restrict:
1561
(a) Furnishing records or information to any appropriate
1562
regulatory, prosecutorial, agency or law enforcement agency if
1563
such agency adheres to the confidentiality provisions of this
1564
chapter the code;
1565
(b) Furnishing records or information to an appropriate
1566
regulator or independent third party or a certified public
1567
accountant who has been approved by the office to conduct an
1569
independent third party or certified public accountant adheres to
1570
the confidentiality provisions of this chapter the code; or
1571
(c) Reporting any suspicious suspected criminal activity,
1572
with supporting documents and information, to appropriate
1573
regulatory, law enforcement, or prosecutorial agencies.
1574
(6)(3) All quarterly reports submitted by a money
1576
are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
1577
I of the State Constitution.
1578
(4) Examination reports, investigatory records,
1579
applications, and related information compiled by the office, or
1580
photographic copies thereof, shall be retained by the office for
1581
a period of at least 3 years following the date that the
1582
examination or investigation ceases to be active. Application
1583
records, and related information compiled by the office, or
1584
photographic copies thereof, shall be retained by the office for
1585
a period of at least 2 years following the date that the
1586
registration ceases to be active.
1587
(7)(5) Any person who willfully discloses information made
1588
confidential by this section commits a felony of the third
1590
Section 25. Section 560.140, Florida Statutes, is created
1591
to read:
1592
560.140 Licensing standards.--To qualify for licensure as a
1593
money services business under this chapter, an applicant must:
1594
(1) Demonstrate to the office the character and general
1595
fitness necessary to command the confidence of the public and
1596
warrant the belief that the money services business or deferred
1597
presentment provider shall be operated lawfully and fairly.
1598
(2) Be legally authorized to do business in this state.
1599
(3) Be registered as a money services business with the
1600
Financial Crimes Enforcement Network as required by 31 C.F.R. s.
1601
103.41, if applicable.
1602
(4) Have an anti-money laundering program in place which
1603
meets the requirements of 31 C.F.R. s. 103.125.
1604
(5) Provide the office with all the information required
1605
under this chapter and related rules.
1606
Section 26. Section 560.141, Florida Statutes, is created
1607
to read:
1608
560.141 License application.--
1609
(1) To apply for a license as a money services business
1610
under this chapter the applicant must:
1611
(a) Submit an application to the office on forms prescribed
1612
by rule which includes the following information:
1613
1. The legal name and address of the applicant, including
1614
any fictitious or trade names used by the applicant in the
1615
conduct of its business.
1616
2. The date of the applicant's formation and the state in
1617
which the applicant was formed, if applicable.
1618
3. The name, social security number, alien identification
1619
or taxpayer identification number, business and residence
1620
addresses, and employment history for the past 5 years for each
1621
officer, director, responsible person, the compliance officer,
1622
each controlling shareholder, any other person who has a
1623
controlling interest in the money services business as provided
1624
in s. 560.127.
1625
4. A description of the organizational structure of the
1626
applicant, including the identity of any parent or subsidiary of
1627
the applicant, and the disclosure of whether any parent or
1628
subsidiary is publicly traded.
1629
5. The applicant's history of operations in other states if
1630
applicable and a description of the money services business or
1631
deferred presentment provider activities proposed to be conducted
1632
by the applicant in this state.
1633
6. If the applicant or its parent is a publicly traded
1634
company, copies of all filings made by the applicant with the
1635
United States Securities and Exchange Commission, or with a
1636
similar regulator in a country other than the United States,
1637
within the preceding year.
1638
7. The location at which the applicant proposes to
1639
establish its principal place of business and any other location,
1640
including branch offices and authorized vendors operating in this
1641
state. For each branch office identified and each authorized
1642
vendor appointed, the applicant shall include the nonrefundable
1643
fee required by s. 560.143.
1644
8. The name and address of the clearing financial
1645
institution or financial institutions through which the
1646
applicant's payment instruments are drawn or through which the
1647
payment instruments are payable.
1648
9. The history of the applicant's material litigation,
1649
criminal convictions, pleas of nolo contendere, and cases of
1650
adjudication withheld.
1651
10. The history of material litigation, arrests, criminal
1652
convictions, pleas of nolo contendere, and cases of adjudication
1653
withheld for each executive officer, director, controlling
1654
shareholder, and responsible person.
1655
11. The name of the registered agent in this state for
1656
service of process unless the applicant is a sole proprietor.
1657
12. Any other information specified in this chapter or by
1658
rule.
1659
(b) In addition to the application form, submit:
1660
1. A nonrefundable application fee as provided in s.
1661
560.143.
1662
2. A fingerprint card for each of the persons listed in
1663
subparagraph (a)3. unless the applicant is a publicly traded
1664
corporation, or is exempted from this chapter under s.
1665
560.104(1). The fingerprints must be taken by an authorized law
1666
enforcement agency. The office shall submit the fingerprints to
1667
the Department of Law Enforcement for state processing and the
1668
Department of Law Enforcement shall forward the fingerprints to
1669
the Federal Bureau of Investigations for federal processing. The
1670
cost of the fingerprint processing may be borne by the office,
1671
the employer, or the person subject to the criminal records
1672
background check. The office shall screen the background results
1673
to determine if the applicant meets licensure requirements. As
1674
used in this section, the term "publicly traded" means a stock is
1675
currently traded on a national securities exchange registered
1676
with the federal Securities and Exchange Commission or traded on
1677
an exchange in a country other than the United States regulated
1678
by a regulator equivalent to the Securities and Exchange
1679
Commission and the disclosure and reporting requirements of such
1680
regulator are substantially similar to those of the commission.
1681
3. A copy of the applicant's written anti-money laundering
1682
program required under 31 C.F.R. s. 103.125.
1683
4. Within the time allotted by rule, any information needed
1684
to resolve any deficiencies found in the application.
1685
(2) If the office determines that the applicant meets the
1686
qualifications and requirements of this chapter, the office shall
1687
issue a license to the applicant. A license may not be issued for
1688
more than 2 years.
1689
(a) A license issued under part II of this chapter shall
1690
expire on April 30 of the second year following the date of
1691
issuance of the license unless during such period the license is
1692
surrendered, suspended, or revoked.
1693
(b) A license issued under part III of this chapter shall
1694
expire on December 31 of the second year following the date of
1695
issuance of the license unless during such period the license is
1696
surrendered, suspended, or revoked.
1697
Section 27. Section 560.142, Florida Statutes, is created
1698
to read:
1699
560.142 License renewal.--
1700
(1) A license may be renewed for a subsequent 2-year period
1701
by furnishing such application as required by rule, together with
1702
the payment of a nonrefundable renewal fee as provided under s.
1703
560.143, on or before the license expiration date, or for the
1704
remainder of any such period without proration following the date
1705
of license expiration.
1706
(2) In addition to the renewal fee, each part II licensee
1707
must pay a 2-year nonrefundable renewal fee as provided in s.
1708
560.143 for each authorized vendor or location operating within
1709
this state.
1710
(3) A licensee who has on file with the office a
1711
declaration of intent to engage in deferred presentment
1712
transactions may renew a declaration upon license renewal by
1713
submitting a nonrefundable deferred presentment provider renewal
1714
fee as provided in s. 560.143.
1715
(4) If a license or declaration of intent to engage in
1716
deferred presentment transactions expires, the license or
1717
declaration of intent may be reinstated only if a renewal
1718
application or declaration of intent, all required renewal fees,
1719
and any applicable late fees are received by the office within 60
1720
days after expiration. If not submitted within 60 days, the
1721
license or declaration on intent expires and a new license
1722
application or declaration of intent must be filed with the
1723
office pursuant to this chapter.
1724
(5) The commission may adopt rules to administer this
1725
section.
1726
Section 28. Section 560.143, Florida Statutes, is created
1727
to read:
1728
560.143 Fees.--
1729
(1) LICENSE APPLICATION FEES.--The applicable non-
1730
refundable fees must accompany an application for licensure:
1731
(a) Under part II $375.
1732
(b) Part III $188.
1733
(c) Per branch office $38.
1734
(d) For each appointment of an authorized vendor $38.
1735
(e) Declaration as a deferred presentment provider $1,000.
1736
(f) Fingerprint fees as prescribed by rule.
1737
(2) LICENSE RENEWAL FEES.--The applicable non-refundable
1738
license renewal fees must accompany a renewal of licensure:
1739
(a) Part II $750.
1740
(b) Part III $375.
1741
(c) Per branch office $38.
1742
(d) For each appointment of an authorized vendors $38.
1743
(e) Declaration as a deferred presentment provider $1,000.
1744
(f) Renewal fees for branch offices and authorized vendors
1745
are limited to $20,000 biennially.
1746
(3) LATE LICENSE RENEWAL FEES.--
1747
(a) Part II $500.
1748
(b) Part III $250.
1749
(c) Declaration as a deferred presentment provider $500.
1750
Section 29. Section 560.203, Florida Statutes, is amended
1751
to read:
1752
560.203 Exemptions from licensure.--Authorized vendors of a
1753
licensee registrant acting within the scope of authority
1754
conferred by the licensee are registrant shall be exempt from
1755
licensure but are having to register pursuant to the code but
1756
shall otherwise be subject to the its provisions of this chapter.
1757
Section 30. Section 560.204, Florida Statutes, is amended
1758
to read:
1759
560.204 License required Requirement of registration.--
1760
(1) Unless exempted, a No person may not shall engage in
1761
for consideration, or nor in any manner advertise that they
1762
engage, in, the selling or issuing of payment instruments or in
1763
the activity of a money funds transmitter, for compensation,
1764
without first obtaining a license registration under the
1765
provisions of this part. For purposes of this section,
1766
"compensation" includes profit or loss on the exchange of
1767
currency.
1768
(2) A licensee under this part person registered pursuant
1769
to this part is permitted to engage in the activities authorized
1770
by this part. A person registered pursuant to this part may also
1771
engage in the activities authorized under part III of this
1772
chapter without the imposition of any additional licensing fees
1773
and is exempt from the registration fee required by s. 560.307.
1774
Section 31. Section 560.205, Florida Statutes, is amended
1775
to read:
1776
560.205 Additional license application requirements
1777
Qualifications of applicant for registration; contents.--In
1778
addition to the license application requirements under part I of
1779
this chapter, an applicant seeking a license under this part must
1780
also submit to the office:
1781
(1) A sample authorized vendor contract, if applicable.
1782
(2) A sample form of payment instrument, if applicable.
1783
(3) Documents demonstrating that the net worth and bonding
1784
requirements specified in s. 560.209 have been fulfilled.
1785
(4) A copy of the applicant's financial audit report for
1786
the most recent fiscal year. If the applicant is a wholly owned
1787
subsidiary of another corporation, the financial audit report on
1788
the parent corporation's financial statements shall satisfy this
1789
requirement.
1790
(1) To qualify for registration under this part, an
1791
applicant must demonstrate to the office such character and
1792
general fitness as to command the confidence of the public and
1793
warrant the belief that the registered business will be operated
1794
lawfully and fairly. The office may investigate each applicant to
1795
ascertain whether the qualifications and requirements prescribed
1796
by this part have been met. The office's investigation may
1797
include a criminal background investigation of all controlling
1798
shareholders, principals, officers, directors, members, and
1799
responsible persons of a funds transmitter and a payment
1800
instrument seller and all persons designated by a funds
1801
transmitter or payment instrument seller as an authorized vendor.
1802
Each controlling shareholder, principal, officer, director,
1803
member, and responsible person of a funds transmitter or payment
1804
instrument seller, unless the applicant is a publicly traded
1805
corporation as defined by the commission by rule, a subsidiary
1806
thereof, or a subsidiary of a bank or bank holding company
1807
organized and regulated under the laws of any state or the United
1808
States, shall file a complete set of fingerprints. A fingerprint
1809
card submitted to the office must be taken by an authorized law
1810
enforcement agency. The office shall submit the fingerprints to
1811
the Department of Law Enforcement for state processing, and the
1812
Department of Law Enforcement shall forward the fingerprints to
1813
the Federal Bureau of Investigation for state and federal
1814
processing. The cost of the fingerprint processing may be borne
1815
by the office, the employer, or the person subject to the
1816
background check. The Department of Law Enforcement shall submit
1817
an invoice to the office for the fingerprints received each
1818
month. The office shall screen the background results to
1819
determine if the applicant meets licensure requirements. The
1820
commission may waive by rule the requirement that applicants file
1821
a set of fingerprints or the requirement that such fingerprints
1822
be processed by the Department of Law Enforcement or the Federal
1823
Bureau of Investigation.
1824
(2) Each application for registration must be submitted
1825
under oath to the office on such forms as the commission
1826
prescribes by rule and must be accompanied by a nonrefundable
1827
application fee. Such fee may not exceed $500 for each payment
1828
instrument seller or funds transmitter and $50 for each
1829
authorized vendor or location operating within this state. The
1830
application must contain such information as the commission
1831
requires by rule, including, but not limited to:
1832
(a) The name and address of the applicant, including any
1833
fictitious or trade names used by the applicant in the conduct of
1834
its business.
1835
(b) The history of the applicant's material litigation,
1836
criminal convictions, pleas of nolo contendere, and cases of
1837
adjudication withheld.
1838
(c) A description of the activities conducted by the
1839
applicant, the applicant's history of operations, and the
1840
business activities in which the applicant seeks to engage in
1841
this state.
1842
(d) A sample authorized vendor contract, if applicable.
1843
(e) A sample form of payment instrument, if applicable.
1844
(f) The name and address of the clearing financial
1845
institution or financial institutions through which the
1846
applicant's payment instruments will be drawn or through which
1847
such payment instruments will be payable.
1848
(g) Documents revealing that the net worth and bonding
1849
requirements specified in s. 560.209 have been or will be
1850
fulfilled.
1851
(3) Each application for registration by an applicant that
1852
is a corporation shall contain such information as the commission
1853
requires by rule, including, but not limited to:
1854
(a) The date of the applicant's incorporation and state of
1855
incorporation.
1856
(b) A certificate of good standing from the state or
1857
country in which the applicant was incorporated.
1858
(c) A description of the corporate structure of the
1859
applicant, including the identity of any parent or subsidiary of
1860
the applicant, and the disclosure of whether any parent or
1861
subsidiary is publicly traded on any stock exchange.
1862
(d) The name, social security number, business and
1863
residence addresses, and employment history for the past 5 years
1864
for each executive officer, each director, each controlling
1865
shareholder, and the responsible person who will be in charge of
1866
all the applicant's business activities in this state.
1867
(e) The history of material litigation and criminal
1868
convictions, pleas of nolo contendere, and cases of adjudication
1869
withheld for each officer, each director, each controlling
1870
shareholder, and the responsible person who will be in charge of
1871
the applicant's registered activities.
1872
(f) Copies of the applicant's audited financial statements
1873
for the current year and, if available, for the immediately
1874
preceding 2-year period. In cases where the applicant is a wholly
1875
owned subsidiary of another corporation, the parent's
1876
consolidated audited financial statements may be submitted to
1877
satisfy this requirement. An applicant who is not required to
1878
file audited financial statements may satisfy this requirement by
1879
filing unaudited financial statements verified under penalty of
1880
perjury, as provided by the commission by rule.
1881
(g) An applicant who is not required to file audited
1882
financial statements may file copies of the applicant's
1883
unconsolidated, unaudited financial statements for the current
1884
year and, if available, for the immediately preceding 2-year
1885
period.
1886
(h) If the applicant is a publicly traded company, copies
1887
of all filings made by the applicant with the United States
1888
Securities and Exchange Commission, or with a similar regulator
1889
in a country other than the United States, within the year
1890
preceding the date of filing of the application.
1891
(4) Each application for registration submitted to the
1892
office by an applicant that is not a corporation shall contain
1893
such information as the commission requires by rule, including,
1894
but not limited to:
1895
(a) Evidence that the applicant is registered to do
1896
business in this state.
1897
(b) The name, business and residence addresses, personal
1898
financial statement and employment history for the past 5 years
1899
for each individual having a controlling ownership interest in
1900
the applicant, and each responsible person who will be in charge
1901
of the applicant's registered activities.
1902
(c) The history of material litigation and criminal
1903
convictions, pleas of nolo contendere, and cases of adjudication
1904
withheld for each individual having a controlling ownership
1905
interest in the applicant and each responsible person who will be
1906
in charge of the applicant's registered activities.
1907
(d) Copies of the applicant's audited financial statements
1908
for the current year, and, if available, for the preceding 2
1909
years. An applicant who is not required to file audited financial
1910
statements may satisfy this requirement by filing unaudited
1911
financial statements verified under penalty of perjury, as
1912
provided by the commission by rule.
1913
(5) Each applicant shall designate and maintain an agent in
1914
this state for service of process.
1915
Section 32. Section 560.208, Florida Statutes, is amended
1916
to read:
1917
560.208 Conduct of business.--In addition to the
1918
requirements specified in s. 560.140, a licensee under this part:
1919
(1) A registrant May conduct its business at one or more
1920
locations within this state through branches or by means of
1921
authorized vendors, as designated by the licensee registrant,
1922
including the conduct of business through electronic transfer,
1923
such as by the telephone or the Internet.
1924
(2) Notwithstanding and without violating s. 501.0117, a
1925
registrant may charge a different price for a money transmitter
1926
funds transmission service based on the mode of transmission used
1927
in the transaction as, so long as the price charged for a service
1928
paid for with a credit card is not more greater than the price
1929
charged when the that service is paid for with currency or other
1930
similar means accepted within the same mode of transmission.
1931
(3) Is responsible for the acts of its authorized vendors
1932
in accordance with the terms of its written contract with the
1933
vendor.
1934
(4) Shall place assets that are the property of a customer
1935
in a segregated account in a federally insured financial
1936
institution and shall maintain separate accounts for operating
1937
capital and the clearing of customer funds.
1938
(5) Shall, in the normal course of business, ensure that
1939
money transmitted is available to the designated recipient within
1940
10 business days after receipt.
1941
(6) Shall immediately upon receipt of currency or payment
1942
instrument provide a confirmation or sequence number to the
1943
customer verbally, by paper, or electronically.
1944
(2) Within 60 days after the date a registrant either opens
1945
a location within this state or authorizes an authorized vendor
1946
to operate on the registrant's behalf within this state, the
1947
registrant shall notify the office on a form prescribed by the
1948
commission by rule. The notification shall be accompanied by a
1949
nonrefundable $50 fee for each authorized vendor or location.
1950
Each notification shall also be accompanied by a financial
1951
statement demonstrating compliance with s. 560.209(1), unless
1952
compliance has been demonstrated by a financial statement filed
1953
with the registrant's quarterly report in compliance with s.
1954
560.118(2). The financial statement must be dated within 90 days
1955
of the date of designation of the authorized vendor or location.
1956
This subsection shall not apply to any authorized vendor or
1957
location that has been designated by the registrant before
1958
October 1, 2001.
1959
(3) Within 60 days after the date a registrant closes a
1960
location within this state or withdraws authorization for an
1961
authorized vendor to operate on the registrant's behalf within
1962
this state, the registrant shall notify the office on a form
1963
prescribed by the commission by rule.
1964
Section 33. Section 560.2085, Florida Statutes, is created
1965
to read:
1966
560.2085 Authorized vendors.--A licensee under this part
1967
shall:
1968
(1) Within 60 days after an authorized vendor commences
1969
business, file with the office such information as prescribed by
1970
rule together with the nonrefundable appointment fee as provided
1971
by s. 560.143. This requirement applies to vendors who are also
1972
terminated within the 60-day period.
1973
(2) Enter into a written contract, signed by the licensee
1974
and the authorized vendor, which:
1975
(a) Sets forth the nature and scope of the relationship
1976
between the licensee and the authorized vendor, including the
1977
respective rights and responsibilities of the parties; and
1978
(b) Includes contract provisions that require the
1979
authorized vendor to:
1980
1. Report to the licensee, immediately upon discovery, the
1981
theft or loss of currency received for a transmission or payment
1982
instrument;
1983
2. Display a notice to the public, in such form as
1984
prescribed by rule, that the vendor is the authorized vendor of
1985
the licensee;
1986
3. Remit all amounts owed to the licensee for all
1987
transmissions accepted and all payment instruments sold in
1988
accordance with the contract between the licensee and the
1989
authorized vendor;
1990
4. Hold in trust all currency or payment instruments
1991
received for transmissions or for the purchase of payment
1992
instruments from the time of receipt by the licensee or
1993
authorized vendor until the time the transmission obligation is
1994
completed;
1995
5. Not commingle the money received for transmissions
1996
accepted or payment instruments sold on behalf of the licensee
1997
with the money or property of the authorized vendor, except for
1998
making change in the ordinary course of the vendor's business,
1999
and ensure that the money is accounted for at the end of the
2000
business day;
2001
6. Consent to examination or investigation by the office;
2002
7. Adhere to the applicable state and federal laws and
2003
rules pertaining to a money services business; and
2004
8. Provide such other information or disclosure as may be
2005
required by rule.
2006
(3) Develop and implement written policies and procedures
2007
to monitor compliance with applicable state and federal law by
2008
its authorized vendors.
2009
Section 34. Section 560.209, Florida Statutes, is amended
2010
to read:
2011
560.209 Net worth; corporate surety bond; collateral
2012
deposit in lieu of bond.--
2013
(1) A licensee must Any person engaging in a registered
2014
activity shall have a net worth of at least $100,000 computed
2015
according to generally accepted accounting principles. A licensee
2016
operating in Applicants proposing to conduct registered
2017
activities at more than one location must shall have an
2018
additional net worth of $10,000 $50,000 per location in this
2019
state, up as applicable, to a maximum of $2 million $500,000. The
2020
required net worth must be maintained at all times.
2021
(2) A licensee must obtain an annual financial audit
2022
report, which must be submitted to the office within 120 days
2023
after the end of the licensee's fiscal year end, as disclosed to
2024
the office. If the applicant is a wholly owned subsidiary of
2025
another corporation, the financial audit report on the parent
2026
corporation's financial statements shall satisfy this
2027
requirement.
2028
(3)(2) Before the office may issue a license under this
2029
part registration, the applicant must provide to the office a
2030
corporate surety bond, issued by a bonding company or insurance
2031
company authorized to do business in this state.
2032
(a) The corporate surety bond shall be in an such amount as
2033
specified may be determined by commission rule, but may shall not
2034
be less than $50,000 or exceed $2 million $250,000. The rule
2035
shall provide allowances for the financial condition, number of
2036
locations, and anticipated volume of the licensee. However, the
2037
commission and office may consider extraordinary circumstances,
2038
such as the registrant's financial condition, the number of
2039
locations, and the existing or anticipated volume of outstanding
2040
payment instruments or funds transmitted, and require an
2041
additional amount above $250,000, up to $500,000.
2042
(b) The corporate surety bond must shall be in a form
2043
satisfactory to the office and shall run to the state for the
2044
benefit of any claimants in this state against the applicant or
2045
its authorized vendors to secure the faithful performance of the
2046
obligations of the applicant and its authorized vendors with
2047
respect to the receipt, handling, transmission, and payment of
2048
funds. The aggregate liability of the corporate surety bond may
2049
not in no event shall exceed the principal sum of the bond. Such
2050
Claimants against the applicant or its authorized vendors may
2051
themselves bring suit directly on the corporate surety bond, or
2052
the Department of Legal Affairs may bring suit thereon on behalf
2053
of the such claimants, in either one action or in successive
2054
actions.
2055
(c) The A corporate surety bond filed with the office for
2056
purposes of compliance with this section may not be canceled by
2057
either the licensee registrant or the corporate surety except
2058
upon written notice to the office by registered or certified mail
2059
with return receipt requested. A cancellation may shall not take
2060
effect until less than 30 days after receipt by the office of the
2061
such written notice.
2062
(d) The corporate surety must, within 10 days after it pays
2063
any claim to any claimant, give written notice to the office by
2064
registered or certified mail of such payment with details
2065
sufficient to identify the claimant and the claim or judgment so
2066
paid.
2067
(e) If Whenever the principal sum of the such bond is
2068
reduced by one or more recoveries or payments, the licensee
2069
registrant must furnish a new or additional bond so that the
2070
total or aggregate principal sum of the such bond equals the sum
2071
required pursuant to paragraph (a) by the commission.
2072
Alternatively, a licensee registrant may furnish an endorsement
2073
executed by the corporate surety reinstating the bond to the
2074
required principal sum thereof.
2075
(4)(3) In lieu of a such corporate surety bond, or of any
2076
portion of the principal sum thereof required by this section,
2077
the applicant may deposit collateral cash, securities, or
2078
alternative security devices as provided by rule approved by the
2079
commission, with a any federally insured financial institution.
2080
(a) Acceptable collateral deposit items in lieu of a bond
2081
include cash and interest-bearing stocks and bonds, notes,
2082
debentures, or other obligations of the United States or any
2083
agency or instrumentality thereof, or guaranteed by the United
2084
States, or of this state.
2085
(b) The collateral deposit must be in an aggregate amount,
2086
based upon principal amount or market value, whichever is lower,
2087
of at least not less than the amount of the required corporate
2088
surety bond or portion thereof.
2089
(c) Collateral deposits must made under this subsection
2090
shall be pledged to the office and held by the insured financial
2091
institution to secure the same obligations as would the corporate
2092
surety bond, but the depositor is entitled to receive any all
2093
interest and dividends thereon and may, with the approval of the
2094
office, substitute other securities or deposits for those
2095
deposited. The principal amount of the deposit shall be released
2096
only on written authorization of the office or on the order of a
2097
court of competent jurisdiction.
2098
(5)(4) A licensee registrant must at all times have and
2099
maintain the bond or collateral deposit in the required amount
2100
prescribed by the commission. If the office at any time
2101
reasonably determines that the bond or elements of the collateral
2102
deposit are insecure, deficient in amount, or exhausted in whole
2103
or in part, the office may, by written order, require the filing
2104
of a new or supplemental bond or the deposit of new or additional
2105
collateral deposit items.
2106
(6)(5) The bond and collateral deposit shall remain in
2107
place for 5 years after the licensee registrant ceases licensed
2108
registered operations in this state. The office may allow permit
2109
the bond or collateral deposit to be reduced or eliminated prior
2110
to that time to the extent that the amount of the licensee's
2111
registrant's outstanding payment instruments or money funds
2112
transmitted in this state are reduced. The office may also allow
2113
a licensee permit a registrant to substitute a letter of credit
2114
or such other form of acceptable security for the bond or
2115
collateral deposit at the time the licensee registrant ceases
2116
licensed money transmission operations in this state.
2117
(6) The office may waive or reduce a registrant's net worth
2118
or bond or collateral deposit requirement. Such waiver or
2119
modification must be requested by the applicant or registrant,
2120
and may be granted upon a showing by the applicant or registrant
2121
to the satisfaction of the office that:
2122
(a) The existing net worth, bond, or collateral deposit
2123
requirement is sufficiently in excess of the registrant's highest
2124
potential level of outstanding payment instruments or money
2125
transmissions in this state;
2126
(b) The direct and indirect cost of meeting the net worth,
2127
bond, or collateral deposit requirement will restrict the ability
2128
of the money transmitter to effectively serve the needs of its
2129
customers and the public; or
2130
(c) The direct and indirect cost of meeting the net worth,
2131
bond, or collateral requirement will not only have a negative
2132
impact on the money transmitter but will severely hinder the
2133
ability of the money transmitter to participate in and promote
2134
the economic progress and welfare of this state or the United
2135
States.
2136
Section 35. Section 560.210, Florida Statutes, is amended
2137
to read:
2138
560.210 Permissible investments.--
2139
(1) A licensee must registrant shall at all times possess
2140
permissible investments with an aggregate market value,
2141
calculated in accordance with United States generally accepted
2142
accounting principles, of at least not less than the aggregate
2143
face amount of all outstanding money funds transmissions and
2144
payment instruments issued or sold by the licensee registrant or
2145
an authorized vendor in the United States. As used in this
2146
section,
2147
(2) Acceptable permissible investments include:
2148
(a) Cash.
2149
(b) Certificates of deposit or other deposit liabilities of
2150
a domestic or foreign financial institution, either domestic or
2151
foreign.
2152
(c) Bankers' acceptances eligible for purchase by member
2153
banks of the Federal Reserve System.
2154
(d) An investment bearing a rating of one of the three
2155
highest grades as defined by a nationally recognized rating
2156
service of such securities.
2157
(e) Investment securities that are obligations of the
2158
United States, its agencies or instrumentalities, or obligations
2159
that are guaranteed fully as to principal and interest by the
2160
United States, or any obligations of any state or municipality,
2161
or any political subdivision thereof.
2162
(f) Shares in a money market mutual fund.
2163
(g) A demand borrowing agreement or agreements made to a
2164
corporation or a subsidiary of a corporation whose capital stock
2165
is listed on a national exchange.
2166
(h) Receivables that are due to a licensee registrant from
2167
the licensee's registrant's authorized vendors except those that
2168
are more than 90 30 days past due or are doubtful of collection.
2169
(i) Any other investment approved by rule the commission.
2170
(2)(3) Notwithstanding any other provision of this part,
2171
the office, with respect to any particular licensee registrant or
2172
all licensees registrants, may limit the extent to which any
2173
class of permissible investments may be considered a permissible
2174
investment, except for cash and certificates of deposit.
2175
(3)(4) The office may waive the permissible investments
2176
requirement if the dollar value of a licensee's registrant's
2177
outstanding payment instruments and money funds transmitted do
2178
not exceed the bond or collateral deposit posted by the licensee
2179
registrant under s. 560.209.
2180
Section 36. Section 560.211, Florida Statutes, is amended
2181
to read:
2182
560.211 Required records.--
2183
(1) In addition to the record retention requirements under
2184
s. 560.110, each licensee under this part Each registrant must
2185
make, keep, and preserve the following books, accounts, records,
2186
and documents other records for 5 a period of 3 years:
2187
(a) A daily record or records of payment instruments sold
2188
and money funds transmitted.
2189
(b) A general ledger containing all asset, liability,
2190
capital, income, and expense accounts, which general ledger shall
2191
be posted at least monthly.
2192
(c) Daily settlement records sheets received from
2193
authorized vendors.
2194
(d) Monthly financial institution statements and
2195
reconciliation records.
2196
(e) Records of outstanding payment instruments and money
2197
funds transmitted.
2198
(f) Records of each payment instrument paid and money funds
2199
transmission delivered within the 3-year period.
2200
(g) A list of the names and addresses of all of the
2201
licensee's registrant's authorized vendors, as well as copies of
2202
each authorized vendor contract.
2203
(h) Records that document the establishment, monitoring,
2204
and termination of relationships with authorized vendors and
2205
foreign affiliates.
2206
(i) Any additional records, as prescribed by rule, designed
2207
to detect and prevent money laundering.
2208
(2) The records required to be maintained by the code may
2209
be maintained by the registrant at any location if the registrant
2210
notifies the office in writing of the location of the records in
2211
its application or otherwise by amendment as prescribed by
2212
commission rule. The registrant shall make such records available
2213
to the office for examination and investigation in this state, as
2214
permitted by the code, within 7 days after receipt of a written
2215
request.
2216
(3) Registrants and authorized vendors need not preserve or
2217
retain any of the records required by this section or copies
2218
thereof for a period longer than 3 years unless a longer period
2219
is expressly required by the laws of this state or federal law. A
2220
registrant or authorized vendor may destroy any of its records or
2221
copies thereof after the expiration of the retention period
2222
required by this section.
2223
(4) The original of any record of a registrant or
2224
authorized vendor includes the data or other information
2225
comprising a record stored or transmitted in or by means of any
2226
electronic, computerized, mechanized, or other information
2227
storage or retrieval or transmission system or device which can
2228
upon request generate, regenerate, or transmit the precise data
2229
or other information comprising the record; and an original also
2230
includes the visible data or other information so generated,
2231
regenerated, or transmitted if it is legible or can be made
2232
legible by enlargement or other process.
2233
(2)(5) Any person who willfully fails to comply with this
2234
section commits a felony of the third degree, punishable as
2236
Section 37. Section 560.212, Florida Statutes, is amended
2237
to read:
2238
560.212 Financial liability.--A licensee Each registrant
2239
under this part is liable for the payment of all money funds
2240
transmitted and payment instruments that it sells, in whatever
2241
form and whether directly or through an authorized vendor, as the
2242
maker, drawer, or principal thereof, regardless of whether such
2243
item is negotiable or nonnegotiable.
2244
Section 38. Section 560.213, Florida Statutes, is amended
2245
to read:
2246
560.213 Payment instrument information.--Each payment
2247
instrument sold or issued by a licensee registrant, directly or
2248
through an authorized vendor, must shall bear the name of the
2249
licensee, and any other information as may be required by rule,
2250
registrant clearly imprinted thereon.
2251
Section 39. Section 560.303, Florida Statutes, is amended
2252
to read:
2253
560.303 License required Requirement of registration.--
2254
(1) A No person may not shall engage in, or in any manner
2255
advertise engagement in, the business of cashing payment
2256
instruments or the exchanging of foreign currency without being
2257
licensed first registering under the provisions of this part.
2258
(2) A person licensed under registered pursuant to this
2259
part may not engage in the activities authorized by this part. A
2260
person registered under this part is prohibited from engaging
2261
directly in the activities that require a license under are
2262
authorized under a registration issued pursuant to part II of
2263
this chapter, but may be such person is not prohibited from
2264
engaging in an authorized vendor for relationship with a person
2265
licensed registered under part II.
2266
(3) A person exempt from licensure under registration
2267
pursuant to this part engaging in the business of cashing payment
2268
instruments or the exchanging of foreign currency may shall not
2269
charge fees in excess of those provided in s. 560.309.
2270
Section 40. Section 560.304, Florida Statutes, is amended
2271
to read:
2272
560.304 Exemption from licensure Exceptions to
2273
registration.--The requirement for licensure under provisions of
2274
this part does do not apply to:
2275
(1) A person cashing payment instruments that have an
2276
aggregate face value of less than $2,000 per person per day and
2277
that are Authorized vendors of any person registered pursuant to
2278
the provisions of the code, acting within the scope of authority
2279
conferred by the registrant.
2280
(2) Persons engaged in the cashing of payment instruments
2281
or the exchanging of foreign currency which is incidental to the
2282
retail sale of goods or services whose compensation for cashing
2283
payment instruments or exchanging foreign currency at each site
2284
does not exceed 5 percent of the total gross income from the
2285
retail sale of goods or services by such person during the last
2286
60 days its most recently completed fiscal year.
2287
Section 41. Section 560.309, Florida Statutes, is amended
2288
to read:
2289
560.309 Conduct of business Rules.--
2290
(1) A licensee may transact business under this part only
2291
under the legal name under which the person is licensed. The use
2292
of a fictitious name is allowed if the fictitious name has been
2293
registered with the Department of State and disclosed to the
2294
office as part of an initial license application, or subsequent
2295
amendment to the application, prior to its use. Before a
2296
registrant shall deposit, with any financial institution, a
2297
payment instrument that is cashed by a registrant, each such item
2298
must be endorsed with the actual name under which such registrant
2299
is doing business.
2300
(2) At the time a licensee accepts a payment instrument
2301
that is cashed by the licensee, the payment instrument must be
2302
endorsed using the legal name under which the licensee is
2303
licensed. Registrants must comply with all the laws of this state
2304
and any federal laws relating to money laundering, including, as
2305
applicable, the provisions of s. 560.123.
2306
(3) A licensee under this part must deposit payment
2307
instruments into a commercial account at a federally insured
2308
financial institution or sell payment instruments within 5
2309
business days after the acceptance of the payment instrument.
2310
(4) A licensee may not accept or cash multiple payment
2311
instruments from a person who is not the original payee, unless
2312
the person is licensed to cash payment instruments pursuant to
2313
this part and all payment instruments accepted are endorsed with
2314
the legal name of the person.
2315
(5) A licensee must report all suspicious activity to the
2316
office in accordance with the criteria set forth in 31 C.F.R. s.
2317
103.20. In lieu of filing such reports, the commission may
2318
prescribe by rule that the licensee may file such reports with an
2319
appropriate regulator.
2320
(6) Each location of a licensee where checks are cashed
2321
must be equipped with a security camera system that is capable of
2322
recording and retrieving an image in order to assist in
2323
identifying and apprehending an offender. The licensee does not
2324
have to install a security camera system if the licensee has
2325
installed a bulletproof or bullet-resistant partition or
2326
enclosure in the area where checks are cashed.
2327
(7)(3) The commission may by rule require a every check
2328
casher to display its license registration and post a notice
2329
listing containing its charges for cashing payment instruments.
2330
(8)(4) Exclusive of the direct costs of verification which
2331
shall be established by commission rule, a no check casher may
2332
not shall:
2333
(a) Charge fees, except as otherwise provided by this part,
2334
in excess of 5 percent of the face amount of the payment
2335
instrument, or 6 percent without the provision of identification,
2336
or $5, whichever is greater;
2337
(b) Charge fees in excess of 3 percent of the face amount
2338
of the payment instrument, or 4 percent without the provision of
2339
identification, or $5, whichever is greater, if such payment
2340
instrument is the payment of any kind of state public assistance
2341
or federal social security benefit payable to the bearer of the
2342
such payment instrument; or
2343
(c) Charge fees for personal checks or money orders in
2344
excess of 10 percent of the face amount of those payment
2345
instruments, or $5, whichever is greater.
2346
(d) As used in this subsection, "identification" means, and
2347
is limited to, an unexpired and otherwise valid driver license, a
2348
state identification card issued by any state of the United
2349
States or its territories or the District of Columbia, and
2350
showing a photograph and signature, a United States Government
2351
Resident Alien Identification Card, a United States passport, or
2352
a United States Military identification card.
2353
(9) A licensee cashing payment instruments may not assess
2354
the cost of collections, other than fees for insufficient funds
2355
as provided by law, without a judgment from a court of competent
2356
jurisdiction.
2357
(10) If a check is returned to a licensee from a payor
2358
financial institution due to lack of funds, a closed account, or
2359
a stop-payment order, the licensee may seek collection pursuant
2360
to s. 68.065. In seeking collection, the licensee must comply
2361
with the prohibitions against harassment or abuse, false or
2362
misleading representations, and unfair practices in the Fair Debt
2363
Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, and 1692f.
2364
A violation of this subsection is a deceptive and unfair trade
2365
practice and constitutes a violation of the Deceptive and Unfair
2366
Trade Practices Act under part II of chapter 501. In addition, a
2367
licensee must comply with the applicable provisions of the
2368
Consumer Collection Practices Act under part VI of chapter 559,
2369
including s. 559.77.
2370
Section 42. Section 560.310, Florida Statutes, is amended
2371
to read:
2372
560.310 Records of check cashers and foreign currency
2373
exchangers.--
2374
(1) In addition to the record retention requirements
2375
specified in s. 560.110, a licensee engaged in check cashing must
2376
maintain the following:
2377
(a) Customer files, as prescribed by rule, on all customers
2378
who cash corporate or third-party payment instruments exceeding
2379
$1,000.
2380
(b) For any payment instrument accepted having a face value
2381
of $1,000 or more:
2382
1. A copy of the personal identification that bears a
2383
photograph of the customer used as identification and presented
2384
by the customer. Acceptable personal identification is limited to
2385
a valid driver's license; a state identification card issued by
2386
any state of the United States or its territories or the District
2387
of Columbia, and showing a photograph and signature; a United
2388
States Government Resident Alien Identification Card; a passport;
2389
or a United States Military identification card.
2390
2. A thumbprint of the customer taken by the licensee.
2391
(c) A payment instrument log that must be maintained
2392
electronically as prescribed by rule. For purposes of this
2393
paragraph, multiple payment instruments accepted from any one
2394
person on any given day which total $1,000 or more must be
2395
aggregated and reported on the log. Each registrant must maintain
2396
all books, accounts, records, and documents necessary to
2397
determine the registrant's compliance with the provisions of the
2398
code. Such books, accounts, records, and documents shall be
2399
retained for a period of at least 3 years.
2400
(2) A licensee under this part may engage the services of a
2401
third party that is not a depository institution for the
2402
maintenance and storage of records required by this section if
2403
all the requirements of this section are met. The records
2404
required to be maintained by the code may be maintained by the
2405
registrant at any location if the registrant notifies the office,
2406
in writing, of the location of the records in its application or
2407
otherwise by amendment as prescribed by commission rule. The
2408
registrant shall make such records available to the office for
2409
examination and investigation in this state, as permitted by the
2410
code, within 7 days after receipt of a written request.
2411
(3) Registrants and authorized vendors need not preserve or
2412
retain any of the records required by this section or copies
2413
thereof for a period longer than 3 years unless a longer period
2414
is expressly required by the laws of this state or any federal
2415
law. A registrant or authorized vendor may destroy any of its
2416
records or copies thereof after the expiration of the retention
2417
period required by this section.
2418
(4) The original of any record of a registrant or
2419
authorized vendor includes the data or other information
2420
comprising a record stored or transmitted in or by means of any
2421
electronic, computerized, mechanized, or other information
2422
storage or retrieval or transmission system or device which can
2423
upon request generate, regenerate, or transmit the precise data
2424
or other information comprising the record; and an original also
2425
includes the visible data or other information so generated,
2426
regenerated, or transmitted if it is legible or can be made
2427
legible by enlargement or other process.
2428
(5) Any person who willfully violates this section or fails
2429
to comply with any lawful written demand or order of the office
2430
made pursuant to this section commits a felony of the third
2432
2433
Section 43. Section 560.402, Florida Statutes, is amended
2434
to read:
2435
560.402 Definitions.--In addition to the definitions
2437
otherwise clearly indicated by the context, For the purposes of
2438
this part, the term:
2439
(1) "Affiliate" means a person who, directly or indirectly,
2440
through one or more intermediaries controls, or is controlled by,
2441
or is under common control with, a deferred presentment provider.
2442
(2) "Business day" means the hours during a particular day
2443
during which a deferred presentment provider customarily conducts
2444
business, not to exceed 15 consecutive hours during that day.
2445
(3) "Days" means calendar days.
2446
(2)(4) "Deferment period" means the number of days a
2447
deferred presentment provider agrees to defer depositing, or
2448
presenting, or redeeming a payment instrument.
2449
(5) "Deferred presentment provider" means a person who
2450
engages in a deferred presentment transaction and is registered
2451
under part II or part III of the code and has filed a declaration
2452
of intent with the office.
2453
(3)(6) "Deferred presentment transaction" means providing
2454
currency or a payment instrument in exchange for a drawer's
2455
person's check and agreeing to hold the that person's check for a
2456
deferment period of time prior to presentment, deposit, or
2457
redemption.
2458
(4)(7) "Drawer" means a customer any person who writes a
2459
personal check and upon whose account the check is drawn.
2460
(5) "Extension of a deferred presentment agreement" means
2461
continuing a deferred presentment transaction past the deferment
2462
period by having the drawer pay additional fees and the deferred
2463
presentment provider continuing to hold the check for another
2464
deferment period.
2465
(6)(8) "Rollover" means the termination or extension of a
2466
an existing deferred presentment agreement by the payment of an
2467
any additional fee and the continued holding of the check, or the
2468
substitution of a new check drawn by the drawer pursuant to a new
2469
deferred presentment agreement.
2470
(9) "Fee" means the fee authorized for the deferral of the
2471
presentation of a check pursuant to this part.
2472
(7)(10) "Termination of a an existing deferred presentment
2473
agreement" means that the check that is the basis for the an
2474
agreement is redeemed by the drawer by payment in full in cash,
2475
or is deposited and the deferred presentment provider has
2476
evidence that such check has cleared. A Verification of
2477
sufficient funds in the drawer's account by the deferred
2478
presentment provider is shall not be sufficient evidence to deem
2479
that the existing deferred deposit transaction is to be
2480
terminated.
2481
(11) "Extension of an existing deferred presentment
2482
agreement" means that a deferred presentment transaction is
2483
continued by the drawer paying any additional fees and the
2484
deferred presentment provider continues to hold the check for
2485
another period of time prior to deposit, presentment, or
2486
redemption.
2487
Section 44. Section 560.403, Florida Statutes, is amended
2488
to read:
2489
560.403 Requirements of registration; Declaration of
2490
intent.--
2491
(1) Except for financial institutions as defined in s.
2492
655.005 No person, Unless otherwise exempt from this chapter, a
2493
person may not shall engage in a deferred presentment transaction
2494
unless the person is licensed as a money services business
2495
registered under the provisions of part II or part III of this
2496
chapter and has on file with the office a declaration of intent
2497
to engage in deferred presentment transactions, regardless of
2498
whether such person is exempted from licensure under any other
2499
provision of this chapter. The declaration of intent must shall
2500
be under oath and on such form as prescribed the commission
2501
prescribes by rule. The declaration of intent must shall be filed
2502
together with a nonrefundable filing fee as provided in s.
2503
560.143 of $1,000. Any person who is registered under part II or
2504
part III on the effective date of this act and intends to engage
2505
in deferred presentment transactions shall have 60 days after the
2506
effective date of this act to file a declaration of intent. A
2507
declaration of intent expires after 24 months and must be
2508
renewed.
2509
(2) A registrant under this part shall renew his or her
2510
intent to engage in the business of deferred presentment
2511
transactions or to act as a deferred presentment provider upon
2512
renewing his or her registration under part II or part III and
2513
shall do so by indicating his or her intent by submitting a
2514
nonrefundable deferred presentment provider renewal fee of
2515
$1,000, in addition to any fees required for renewal of
2516
registration under part II or part III.
2517
(3) A registrant under this part who fails to timely renew
2518
his or her intent to engage in the business of deferred
2519
presentment transactions or to act as a deferred presentment
2520
provider shall immediately cease to engage in the business of
2521
deferred presentment transactions or to act as a deferred
2522
presentment provider.
2523
(4) The notice of intent of a registrant under this part
2524
who fails to timely renew his or her intent to engage in the
2525
business of deferred presentment transactions or to act as a
2526
deferred presentment provider on or before the expiration date of
2527
the registration period automatically expires. A renewal fee and
2528
a nonrefundable late fee of $500 must be filed within 60 calendar
2529
days after the expiration of an existing registration in order
2530
for the declaration of intent to be reinstated. The office shall
2531
grant a reinstatement of registration if an application is filed
2532
during the 60-day period, and the reinstatement is effective upon
2533
receipt of the required fees and any information that the
2534
commission requires by rule. If the registrant has not filed a
2535
reinstatement of a renewal declaration of intent within 60
2536
calendar days after the expiration date of an existing
2537
registration, the notice of intent expires and a new declaration
2538
of intent must be filed with the office.
2539
(5) No person, other than a financial institution as
2540
defined in s. 655.005, shall be exempt from registration and
2541
declaration if such person engages in deferred presentment
2542
transactions, regardless of whether such person is currently
2543
exempt from registration under any provision of this code.
2544
Section 45. Section 560.404, Florida Statutes, is amended
2545
to read:
2546
560.404 Requirements for deferred presentment
2547
transactions.--
2548
(1) Each Every deferred presentment transaction must shall
2549
be documented in a written agreement signed by both the deferred
2550
presentment provider and the drawer.
2551
(2) The deferred presentment transaction agreement must
2552
shall be executed on the day the deferred presentment provider
2553
furnishes currency or a payment instrument to the drawer.
2554
(3) Each written agreement must shall contain the following
2555
information, in addition to any information required the
2556
commission requires by rule, contain the following information:
2557
(a) The name or trade name, address, and telephone number
2558
of the deferred presentment provider and the name and title of
2559
the person who signs the agreement on behalf of the deferred
2560
presentment provider.
2561
(b) The date the deferred presentment transaction is was
2562
made.
2563
(c) The amount of the drawer's check.
2564
(d) The length of the deferment deferral period.
2565
(e) The last day of the deferment period.
2566
(f) The address and telephone number of the office and the
2567
Division of Consumer Services of the Department of Financial
2568
Services.
2569
(g) A clear description of the drawer's payment obligations
2570
under the deferred presentment transaction.
2571
(h) The transaction number assigned by the office's
2572
database.
2573
(4) The Every deferred presentment provider must shall
2574
furnish to the drawer a copy of the deferred presentment
2575
transaction agreement to the drawer.
2576
(5) The face amount of a check taken for deferred
2577
presentment may not exceed $500 exclusive of the fees allowed
2578
under by this part.
2579
(6) A No deferred presentment provider or its affiliate may
2580
not shall charge fees that exceed in excess of 10 percent of the
2581
currency or payment instrument provided. However, a verification
2582
fee may be charged as provided in s. 560.309(7) in accordance
2583
with s. 560.309(4) and the rules adopted pursuant to the code.
2584
The 10-percent fee may not be applied to the verification fee. A
2585
deferred presentment provider may charge only those fees
2586
specifically authorized in this section.
2587
(7) The fees authorized by this section may not be
2588
collected before the drawer's check is presented or redeemed.
2589
(8) A No deferred presentment agreement may not shall be
2590
for a term longer than in excess of 31 days or less than 7 days.
2591
(9) A No deferred presentment provider may not shall
2592
require a drawer person to provide any additional security for
2593
the deferred presentment transaction or any extension or require
2594
the drawer a person to provide any additional guaranty from
2595
another person.
2596
(10) A deferred presentment provider may shall not include
2597
any of the following provisions in a deferred provider any
2598
written agreement:
2599
(a) A hold harmless clause.;
2600
(b) A confession of judgment clause.;
2601
(c) Any assignment of or order for payment of wages or
2602
other compensation for services.;
2603
(d) A provision in which the drawer agrees not to assert
2604
any claim or defense arising out of the agreement.; or
2605
(e) A waiver of any provision of this part.
2606
(11) A Each deferred presentment provider shall immediately
2607
provide the drawer with the full amount of any check to be held,
2608
less only the fees allowed permitted under this section.
2609
(12) The deferred presentment agreement and the drawer's
2610
check must shall bear the same date, and the number of days of
2611
the deferment period shall be calculated from that this date. The
2612
No deferred presentment provider and the drawer or person may not
2613
alter or delete the date on any written agreement or check held
2614
by the deferred presentment provider.
2615
(13) For each deferred presentment transaction, the
2616
deferred presentment provider must comply with the disclosure
2617
requirements of 12 C.F.R., part 226, relating to the federal
2618
Truth-in-Lending Act, and Regulation Z of the Board of Governors
2619
of the Federal Reserve Board. A copy of the disclosure must be
2620
provided to the drawer at the time the deferred presentment
2621
transaction is initiated.
2622
(14) A No deferred presentment provider or its affiliate
2623
may not accept or hold an undated check or a check dated on a
2624
date other than the date on which the deferred presentment
2625
provider agreed to hold the check and signed the deferred
2626
presentment transaction agreement.
2627
(15) A Every deferred presentment provider must shall hold
2628
the drawer's check for the agreed number of days, unless the
2629
drawer chooses to redeem the check before the agreed presentment
2630
date.
2631
(16) Proceeds in a deferred presentment transaction may be
2632
made to the drawer in the form of the deferred presentment
2633
provider's payment instrument if the deferred presentment
2634
provider is registered under part II; however, an no additional
2635
fee may not be charged by a deferred presentment provider or its
2636
affiliate for issuing or cashing the deferred presentment
2637
provider's payment instrument.
2638
(17) A No deferred presentment provider may not require the
2639
drawer to accept its payment instrument in lieu of currency.
2640
(18) A No deferred presentment provider or its affiliate
2641
may not engage in the rollover of a any deferred presentment
2642
agreement. A deferred presentment provider may shall not redeem,
2643
extend, or otherwise consolidate a deferred presentment agreement
2644
with the proceeds of another deferred presentment transaction
2645
made by the same or an affiliate affiliated deferred presentment
2646
provider.
2647
(19) A deferred presentment provider may not enter into a
2648
deferred presentment transaction with a drawer person who has an
2649
outstanding deferred presentment transaction with that provider
2650
or with any other deferred presentment provider, or with a person
2651
whose previous deferred presentment transaction with that
2652
provider or with any other provider has been terminated for less
2653
than 24 hours. The deferred presentment provider must verify such
2654
information as follows:
2655
(a) The deferred presentment provider shall maintain a
2656
common database and shall verify whether the that deferred
2657
presentment provider or an affiliate has an outstanding deferred
2658
presentment transaction with a particular person or has
2659
terminated a transaction with that person within the previous 24
2660
hours.
2661
(b) The deferred presentment provider shall access the
2662
office's database established pursuant to subsection (23) and
2663
shall verify whether any other deferred presentment provider has
2664
an outstanding deferred presentment transaction with a particular
2665
person or has terminated a transaction with that person within
2666
the previous 24 hours. If a provider has not established Prior to
2667
the time that the office has implemented such a database, the
2668
deferred presentment provider may rely upon the written
2669
verification of the drawer as provided in subsection (20).
2670
(20) A deferred presentment provider shall provide the
2671
following notice in a prominent place on each deferred
2672
presentment agreement in at least 14-point type in substantially
2673
the following form and must obtain the signature of the drawer
2674
where indicated:
2675
2676
NOTICE
2677
2678
1. STATE LAW PROHIBITS YOU FROM HAVING MORE THAN ONE DEFERRED
2679
PRESENTMENT AGREEMENT AT ANY ONE TIME. STATE LAW ALSO PROHIBITS
2680
YOU FROM ENTERING INTO A DEFERRED PRESENTMENT AGREEMENT WITHIN 24
2681
HOURS AFTER OF TERMINATING ANY PREVIOUS DEFERRED PRESENTMENT
2682
AGREEMENT. FAILURE TO OBEY THIS LAW COULD CREATE SEVERE FINANCIAL
2683
HARDSHIP FOR YOU AND YOUR FAMILY.
2684
2685
YOU MUST SIGN THE FOLLOWING STATEMENT:
2686
2687
I DO NOT HAVE AN OUTSTANDING DEFERRED PRESENTMENT AGREEMENT WITH
2688
ANY DEFERRED PRESENTMENT PROVIDER AT THIS TIME. I HAVE NOT
2689
TERMINATED A DEFERRED PRESENTMENT AGREEMENT WITHIN THE PAST 24
2690
HOURS.
2691
2692
(Signature of Drawer)
2693
2694
2. YOU CANNOT BE PROSECUTED IN CRIMINAL COURT FOR A CHECK
2695
WRITTEN UNDER THIS AGREEMENT, BUT ALL LEGALLY AVAILABLE CIVIL
2696
MEANS TO ENFORCE THE DEBT MAY BE PURSUED AGAINST YOU.
2697
2698
3. STATE LAW PROHIBITS A DEFERRED PRESENTMENT PROVIDER (THIS
2699
BUSINESS) FROM ALLOWING YOU TO "ROLL OVER" YOUR DEFERRED
2700
PRESENTMENT TRANSACTION. THIS MEANS THAT YOU CANNOT BE ASKED OR
2701
REQUIRED TO PAY AN ADDITIONAL FEE IN ORDER TO FURTHER DELAY THE
2702
DEPOSIT OR PRESENTMENT OF YOUR CHECK FOR PAYMENT. IF YOU INFORM
2703
THE PROVIDER IN PERSON THAT YOU CANNOT COVER THE CHECK OR PAY IN
2704
FULL THE AMOUNT OWING AT THE END OF THE TERM OF THIS AGREEMENT,
2705
YOU WILL RECEIVE A GRACE PERIOD EXTENDING THE TERM OF THE
2706
AGREEMENT FOR AN ADDITIONAL 60 DAYS AFTER THE ORIGINAL
2707
TERMINATION DATE, WITHOUT ANY ADDITIONAL CHARGE. THE DEFERRED
2708
PRESENTMENT PROVIDER SHALL REQUIRE THAT YOU, AS A CONDITION OF
2709
OBTAINING THE GRACE PERIOD, COMPLETE CONSUMER CREDIT COUNSELING
2710
PROVIDED BY AN AGENCY INCLUDED ON THE LIST THAT WILL BE PROVIDED
2711
TO YOU BY THIS PROVIDER. YOU MAY ALSO AGREE TO COMPLY WITH AND
2712
ADHERE TO A REPAYMENT PLAN APPROVED BY THAT AGENCY. IF YOU DO NOT
2713
COMPLY WITH AND ADHERE TO A REPAYMENT PLAN APPROVED BY THAT
2714
AGENCY, WE MAY DEPOSIT OR PRESENT YOUR CHECK FOR PAYMENT AND
2715
PURSUE ALL LEGALLY AVAILABLE CIVIL MEANS TO ENFORCE THE DEBT AT
2716
THE END OF THE 60-DAY GRACE PERIOD.
2717
(21) The deferred presentment provider may not deposit or
2718
present the drawer's check if the drawer informs the provider in
2719
person that the drawer cannot redeem or pay in full in cash the
2720
amount due and owing the deferred presentment provider. No
2721
additional fees or penalties may be imposed on the drawer by
2722
virtue of any misrepresentation made by the drawer as to the
2723
sufficiency of funds in the drawer's account. In no event shall
2724
any Additional fees may not be added to the amounts due and owing
2725
to the deferred presentment provider.
2726
(22)(a) If, by the end of the deferment period, the drawer
2727
informs the deferred presentment provider in person that the
2728
drawer cannot redeem or pay in full in cash the amount due and
2729
owing the deferred presentment provider, the deferred presentment
2730
provider shall provide a grace period extending the term of the
2731
agreement for an additional 60 days after the original
2732
termination date, without any additional charge.
2733
(a) The provider shall require that as a condition of
2734
providing a this grace period, that within the first 7 days of
2735
the grace period the drawer make an appointment with a consumer
2736
credit counseling agency within 7 days after the end of the
2737
deferment period and complete the counseling by the end of the
2738
grace period. The drawer may agree to, comply with, and adhere to
2739
a repayment plan approved by the counseling agency. If the drawer
2740
agrees to comply with and adhere to a repayment plan approved by
2741
the counseling agency, the provider must is also required to
2742
comply with and adhere to that repayment plan. The deferred
2743
presentment provider may not deposit or present the drawer's
2744
check for payment before the end of the 60-day grace period
2745
unless the drawer fails to comply with such conditions or the
2746
drawer fails to notify the provider of such compliance. Before
2747
each deferred presentment transaction, the provider may verbally
2748
advise the drawer of the availability of the grace period
2749
consistent with the provisions of the written notice in
2750
subsection (20), and may shall not discourage the drawer from
2751
using the grace period.
2752
(b) At the commencement of the grace period, the deferred
2753
presentment provider shall provide the drawer:
2754
1. Verbal notice of the availability of the grace period
2755
consistent with the written notice in subsection (20).
2756
2. A list of approved consumer credit counseling agencies
2757
prepared by the office. The office list shall include nonprofit
2758
consumer credit counseling agencies affiliated with the National
2759
Foundation for Credit Counseling which provide credit counseling
2760
services to state Florida residents in person, by telephone, or
2761
through the Internet. The office list must include phone numbers
2762
for the agencies, the counties served by the agencies, and
2763
indicate the agencies that provide telephone counseling and those
2764
that provide Internet counseling. The office shall update the
2765
list at least once each year.
2766
3. The following notice in at least 14-point type in
2767
substantially the following form:
2768
2769
AS A CONDITION OF OBTAINING A GRACE PERIOD EXTENDING THE TERM OF
2770
YOUR DEFERRED PRESENTMENT AGREEMENT FOR AN ADDITIONAL 60 DAYS,
2771
UNTIL [DATE], WITHOUT ANY ADDITIONAL FEES, YOU MUST COMPLETE
2772
CONSUMER CREDIT COUNSELING PROVIDED BY AN AGENCY INCLUDED ON THE
2773
LIST THAT WILL BE PROVIDED TO YOU BY THIS PROVIDER. YOU MAY ALSO
2774
AGREE TO COMPLY WITH AND ADHERE TO A REPAYMENT PLAN APPROVED BY
2775
THE AGENCY. THE COUNSELING MAY BE IN PERSON, BY TELEPHONE, OR
2776
THROUGH THE INTERNET. YOU MUST NOTIFY US WITHIN 7 SEVEN (7) DAYS,
2777
BY [DATE], THAT YOU HAVE MADE AN APPOINTMENT WITH SUCH A CONSUMER
2778
CREDIT COUNSELING AGENCY. YOU MUST ALSO NOTIFY US WITHIN 60 SIXTY
2779
(60) DAYS, BY [DATE], THAT YOU HAVE COMPLETED THE CONSUMER CREDIT
2780
COUNSELING. WE MAY VERIFY THIS INFORMATION WITH THE AGENCY. IF
2781
YOU FAIL TO PROVIDE EITHER THE 7-DAY OR 60-DAY NOTICE, OR IF YOU
2782
HAVE NOT MADE THE APPOINTMENT OR COMPLETED THE COUNSELING WITHIN
2783
THE TIME REQUIRED, WE MAY DEPOSIT OR PRESENT YOUR CHECK FOR
2784
PAYMENT AND PURSUE ALL LEGALLY AVAILABLE CIVIL MEANS TO ENFORCE
2785
THE DEBT.
2786
(c) If a drawer completes an approved payment plan, the
2787
deferred presentment provider shall pay one-half of the drawer's
2788
fee for the deferred presentment agreement to the consumer credit
2789
counseling agency.
2790
(23) The office shall implement a common database with
2791
real-time access through an Internet connection for deferred
2792
presentment providers, as provided in this subsection. The
2793
database must be accessible to the office and the deferred
2794
presentment providers in order to verify whether any deferred
2795
presentment transactions are outstanding for a particular person.
2796
Deferred presentment providers shall submit such data before
2797
entering into each deferred presentment transaction in such
2798
format as required the commission shall require by rule,
2799
including the drawer's name, social security number or employment
2800
authorization alien number, address, driver's license number,
2801
amount of the transaction, date of transaction, the date that the
2802
transaction is closed, and such additional information as is
2803
required by rule the commission. The commission may by rule
2804
impose a fee of up to not to exceed $1 per transaction for data
2805
that must required to be submitted by a deferred presentment
2806
provider. A deferred presentment provider may rely on the
2807
information contained in the database as accurate and is not
2808
subject to any administrative penalty or civil liability due to
2809
as a result of relying on inaccurate information contained in the
2810
database. A deferred presentment provider must notify the office,
2811
in a manner as prescribed by rule, within 15 business days after
2812
ceasing operations or no longer holding a license under part II
2813
or part III of this chapter. Such notification must include a
2814
reconciliation of all open transactions. If the provider fails to
2815
provide notice, the office shall take action to administratively
2816
release all open and pending transactions in the database after
2817
the office becomes aware of the closure. This section does not
2818
affect the rights of the provider to enforce the contractual
2819
provisions of the deferred presentment agreements through any
2820
civil action allowed by law. The commission may adopt rules to
2821
administer and enforce the provisions of this subsection section
2822
and to ensure assure that the database is used by deferred
2823
presentment providers in accordance with this section.
2824
(24) A deferred presentment provider may not accept more
2825
than one check or authorization to initiate more than one
2826
automated clearinghouse transaction to collect on a deferred
2827
presentment transaction for a single deferred presentment
2828
transaction.
2829
Section 46. Section 560.405, Florida Statutes, is amended
2830
to read:
2831
560.405 Deposit; redemption.--
2832
(1) The deferred presentment provider or its affiliate may
2833
shall not present the drawer's check before the end of the
2834
deferment period prior to the agreed-upon date of presentment, as
2835
reflected in the deferred presentment transaction agreement.
2836
(2) Before a deferred presentment provider presents the
2837
drawer's check, the check must shall be endorsed with the actual
2838
name under which the deferred presentment provider is doing
2839
business.
2840
(3) Notwithstanding the provisions of subsection (1), in
2841
lieu of presentment, a deferred presentment provider may allow
2842
the check to be redeemed at any time upon payment to the deferred
2843
presentment provider in the amount of the face amount of the
2844
drawer's check. However, payment may not be made in the form of a
2845
personal check. Upon redemption, the deferred presentment
2846
provider shall return the drawer's check that was being held and
2847
provide a signed, dated receipt showing that the drawer's check
2848
has been redeemed.
2849
(4) A No drawer may not can be required to redeem his or
2850
her check before prior to the agreed-upon date; however, the
2851
drawer may choose to redeem the check before the agreed-upon
2852
presentment date.
2853
Section 47. Section 560.406, Florida Statutes, is amended
2854
to read:
2855
560.406 Worthless checks.--
2856
(1) If a check is returned to a deferred presentment
2857
provider from a payor financial institution due to lack of funds,
2858
a closed account, or a stop-payment order, the deferred
2859
presentment provider may seek collection pursuant to s. 68.065,
2860
except a deferred presentment provider may shall not be entitled
2861
to collect treble damages pursuant s. 68.065. The notice sent by
2862
the a deferred deposit provider may pursuant to s. 68.065 shall
2863
not include any references to treble damages and must clearly
2864
state that the deferred presentment provider is not entitled to
2865
recover such damages. Except as otherwise provided in this part,
2866
an individual who issues a personal check to a deferred
2867
presentment provider under a deferred presentment agreement is
2868
not subject to criminal penalty.
2869
(2) If a check is returned to a deferred presentment
2870
provider from a payor financial institution due to insufficient
2871
funds, a closed account, or a stop-payment order, the deferred
2872
presentment provider may pursue all legally available civil
2873
remedies to collect the check, including, but not limited to, the
2874
imposition of all charges imposed on the deferred presentment
2875
provider by the any financial institution. In its collection
2876
practices, a deferred presentment provider must shall comply with
2877
the prohibitions against harassment or abuse, false or misleading
2878
representations, and unfair practices that which are contained in
2879
ss. 806, 807, and 808 of the Fair Debt Collections Practices Act,
2880
15 U.S.C. ss. 1692d, 1692e, 1692f. A violation of this act is a
2881
deceptive and unfair trade practice and constitutes a violation
2882
of the Deceptive and Unfair Trade Practices Act under, part II of
2883
chapter 501. In addition, a deferred presentment provider must
2884
shall comply with the applicable provisions of part VI of chapter
2885
559, the Consumer Collection Practices Act under part VI of
2886
chapter 559, including, but not limited to, the provisions of s.
2887
2888
(3) A deferred presentment provider may not assess the cost
2889
of collection, other than charges for insufficient funds as
2890
allowed by law, without a judgment from a court of competent
2891
jurisdiction.
2892
Section 48. Subsection (7) of section 499.005, Florida
2893
Statutes, is amended to read:
2894
499.005 Prohibited acts.--It is unlawful for a person to
2895
perform or cause the performance of any of the following acts in
2896
this state:
2897
(7) The purchase or sale of prescription drugs for
2898
wholesale distribution in exchange for currency, as defined in s.
2900
Section 49. Paragraph (i) of subsection (2) of section
2901
499.0691, Florida Statutes, is amended to read:
2902
499.0691 Criminal punishment for violations related to
2903
drugs; dissemination of false advertisement.--
2904
(2) Any person who violates any of the following provisions
2905
commits a felony of the third degree, punishable as provided in
2908
(i) The purchase or sale of prescription drugs for
2909
wholesale distribution in exchange for currency, as defined in s.
2911
Section 50. Paragraph (b) of subsection (2) of section
2912
501.95, Florida Statutes, is amended to read:
2913
501.95 Gift certificates and credit memos.--
2914
(2)
2915
(b) Paragraph (a) does not apply to a gift certificate or
2916
credit memo sold or issued by a financial institution, as defined
2917
in s. 655.005, or by a money services business transmitter, as
2918
defined in s. 560.103, if the gift certificate or credit memo is
2919
redeemable by multiple unaffiliated merchants.
2920
Section 51. Paragraph (n) of subsection (2) of section
2921
538.03, Florida Statutes, is amended to read:
2922
538.03 Definitions; applicability.--
2923
(2) This chapter does not apply to:
2924
(n) A business that contracts with other persons or
2925
entities to offer its secondhand goods for sale, purchase,
2926
consignment, or trade via an Internet website, and that maintains
2927
a shop, store, or other business premises for this purpose, if
2928
all of the following apply:
2929
1. The secondhand goods must be available on the website
2930
for viewing by the public at no charge;
2931
2. The records of the sale, purchase, consignment, or trade
2932
must be maintained for at least 2 years;
2933
3. The records of the sale, purchase, consignment, or
2934
trade, and the description of the secondhand goods as listed on
2935
the website, must contain the serial number of each item, if any;
2936
4. The secondhand goods listed on the website must be
2937
searchable based upon the state or zip code;
2938
5. The business must provide the appropriate law
2939
enforcement agency with the name or names under which it conducts
2940
business on the website;
2941
6. The business must allow the appropriate law enforcement
2942
agency to inspect its business premises at any time during normal
2943
business hours;
2944
7. Any payment by the business resulting from such a sale,
2945
purchase, consignment, or trade must be made to the person or
2946
entity with whom the business contracted to offer the goods and
2947
must be made by check or via a money services business
2948
transmitter licensed under part II of chapter 560; and
2949
8.a. At least 48 hours after the estimated time of
2950
contracting to offer the secondhand goods, the business must
2951
verify that any item having a serial number is not stolen
2952
property by entering the serial number of the item into the
2953
Department of Law Enforcement's stolen article database located
2954
at the Florida Crime Information Center's public access system
2955
website. The business shall record the date and time of such
2956
verification on the contract covering the goods. If such
2957
verification reveals that an item is stolen property, the
2958
business shall immediately remove the item from any website on
2959
which it is being offered and notify the appropriate law
2960
enforcement agency; or
2961
b. The business must provide the appropriate law
2962
enforcement agency with an electronic copy of the name, address,
2963
phone number, driver's license number, and issuing state of the
2964
person with whom the business contracted to offer the goods, as
2965
well as an accurate description of the goods, including make,
2966
model, serial number, and any other unique identifying marks,
2967
numbers, names, or letters that may be on an item, in a format
2968
agreed upon by the business and the appropriate law enforcement
2969
agency. This information must be provided to the appropriate law
2970
enforcement agency within 24 hours after entering into the
2971
contract unless other arrangements are made between the business
2972
and the law enforcement agency.
2973
Section 52. Subsection (10) of section 896.101, Florida
2974
Statutes, is amended to read:
2975
896.101 Florida Money Laundering Act; definitions;
2976
penalties; injunctions; seizure warrants; immunity.--
2977
(10) Any financial institution, licensed money services
2978
business transmitter, or other person served with and complying
2979
with the terms of a warrant, temporary injunction, or other court
2980
order, including any subpoena issued under the authority granted
2982
investigation of any crime in this section, including any crime
2983
listed as specified unlawful activity under this section or any
2984
felony violation of chapter 560, has immunity from criminal
2985
liability and is shall not be liable to any person for any lawful
2986
action taken in complying with the warrant, temporary injunction,
2987
or other court order, including any subpoena issued under the
2990
nondisclosure provision, any financial institution, licensed
2991
money services business transmitter, employee or officer of a
2992
financial institution or licensed money services business
2993
transmitter, or any other person may not notify, directly or
2994
indirectly, any customer of that financial institution or
2995
licensed money services business transmitter whose records are
2996
being sought by the subpoena, or any other person named in the
2997
subpoena, about the existence or the contents of that subpoena or
2998
about information that has been furnished to the state attorney
2999
or statewide prosecutor who issued the subpoena or other law
3000
enforcement officer named in the subpoena in response to the
3001
subpoena.
3002
Section 53. Subsection (5) of section 896.104, Florida
3003
Statutes, is amended to read:
3004
896.104 Structuring transactions to evade reporting or
3005
registration requirements prohibited.--
3006
(5) INFERENCE.--Proof that a person engaged for monetary
3007
consideration in the business of a money funds transmitter, as
3009
more than $10,000 in currency, or the foreign equivalent, without
3010
being licensed registered as a money transmitter or designated as
3011
an authorized vendor under the provisions of chapter 560, gives
3012
rise to an inference that the transportation was done with
3013
knowledge of the licensure registration requirements of chapter
3014
560 and the reporting requirements of this chapter.
3015
Section 54. Paragraph (g) of subsection (3) of section
3016
921.0022, Florida Statutes, is amended to read:
3017
921.0022 Criminal Punishment Code; offense severity ranking
3018
chart.--
3019
(3) OFFENSE SEVERITY RANKING CHART
3020
(g) LEVEL 7
| FloridaStatute | FelonyDegree | Description |
3021
| 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
3022
| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
3023
| 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. |
3024
| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
3025
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
3026
| 409.920(2) | 3rd | Medicaid provider fraud. |
3027
| 456.065(2) | 3rd | Practicing a health care profession without a license. |
3028
| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
3029
| 458.327(1) | 3rd | Practicing medicine without a license. |
3030
| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
3031
| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
3032
| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
3033
| 462.17 | 3rd | Practicing naturopathy without a license. |
3034
| 463.015(1) | 3rd | Practicing optometry without a license. |
3035
| 464.016(1) | 3rd | Practicing nursing without a license. |
3036
| 465.015(2) | 3rd | Practicing pharmacy without a license. |
3037
| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
3038
| 467.201 | 3rd | Practicing midwifery without a license. |
3039
| 468.366 | 3rd | Delivering respiratory care services without a license. |
3040
| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
3041
| 483.901(9) | 3rd | Practicing medical physics without a license. |
3042
| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
3043
| 484.053 | 3rd | Dispensing hearing aids without a license. |
3044
| 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. |
3045
| 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. |
3046
| 560.125(5)(a) | 3rd | Money services transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
3047
| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
3048
| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
3049
| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
3050
| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
3051
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
3052
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
3053
| 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
3054
| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
3055
| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
3056
| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
3057
| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
3058
| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
3059
| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
3060
| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
3061
| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
3062
| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
3063
| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
3064
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
3065
| 784.083(1) | 1st | Aggravated battery on code inspector. |
3066
3067
| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
3068
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
3069
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
3070
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
3071
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
3072
| 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. |
3073
| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
3074
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
3075
| 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. |
3076
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
3077
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
3078
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
3079
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
3080
| 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
3081
| 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. |
3082
| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
3083
| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
3084
| 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
3085
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
3086
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
3087
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
3088
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
3089
| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
3090
| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
3091
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
3092
| 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. |
3093
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
3094
| 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. |
3095
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
3096
| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
3097
| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
3098
| 838.015 | 2nd | Bribery. |
3099
| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
3100
| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
3101
| 838.22 | 2nd | Bid tampering. |
3102
| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
3103
| 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
3104
| 872.06 | 2nd | Abuse of a dead human body. |
3105
| 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. |
3106
| 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. |
3107
| 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). |
3108
| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
3109
| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
3110
| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
3111
| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
3112
| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
3113
| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
3114
| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
3115
| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
3116
| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
3117
| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
3118
| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
3119
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
3120
| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
3121
| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
3122
| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
3123
| 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
3124
| 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
3125
| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
3126
| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
3127
| 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
3128
| 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
3129
| 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
3130
| 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
3131
| 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
3132
3136
and 560.407, Florida Statutes, are repealed.
3137
Section 56. This act shall take effect January 1, 2009.
CODING: Words stricken are deletions; words underlined are additions.