Florida Senate - 2008 (PROPOSED COMMITTEE BILL) SPB 7060
FOR CONSIDERATION By the Committee on Banking and Insurance
597-04077-08 20087060__
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A bill to be entitled
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An act relating to money services businesses; changing the
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name of money transmitters to money services businesses;
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requiring licensure rather than registration; amending s.
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560.103, F.S.; revising definitions; defining the terms
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"adjusted net worth," "affiliated party," "branch office,"
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"cashing," "compliance officer," "electronic instrument,"
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"financial audit report," "foreign affiliate," "licensee,"
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"location," "monetary value," "outstanding money
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transmission," and "stored value"; amending s. 560.104,
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F.S.; revising provision providing exemptions from ch.
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560, F.S.; amending s. 560.105, F.S.; revising provisions
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relating to the powers of the Office of Financial
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Regulation and the Financial Services Commission; amending
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s. 560.109, F.S.; revising provisions relating to
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examinations and investigations conducted by the office;
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requiring that the office to periodically examine each
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licensee; requiring the office to report certain
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violations to a criminal investigatory agency; requiring
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that the office annually report to the Legislature
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information concerning investigations and examinations and
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the total amount of fines assessed and collected; creating
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s. 560.1091, F.S.; requiring persons examined to pay the
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expenses of examination as set by rule of the commission;
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providing for the deposit of funds collected from
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licensees; requiring payment for travel expenses and
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living expenses and compensation for persons making the
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examinations from such funds or from funds budgeted for
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such purposes; creating s. 560.110, F.S.; providing for
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record retention by licensees; amending s. 560.111, F.S.;
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revising the list of prohibited acts by a money services
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business; amending s. 560.113, F.S.; providing for the
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establishment of a receivership or the payment of
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restitution by a person found to have violated ch. 560,
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F.S.; amending s. 560.114, F.S.; revising grounds for the
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disciplinary actions; amending s. 560.115, F.S.; revising
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provision relating to the voluntary surrender of a
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license; amending s. 560.116, F.S.; revising provisions
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relating to the granting of immunity for providing
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information about alleged violations of ch. 560, F.S.;
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amending s. 560.118, F.S.; revising provisions relating to
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required reports; deleting an exemption from the
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requirement to file an annual financial report;
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transferring, renumbering, and amending s. 560.119, F.S.;
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revising provisions providing for the deposit of fees and
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assessments; amending s. 560.121, F.S.; revising
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restriction on access to records held by a court or the
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Legislature; amending s. 560.123, F.S.; revising
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provisions relating to the Florida Control of Money
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Laundering in Money Services Business; creating s.
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560.1235, F.S.; requiring a licensee to comply with state
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and federal money laundering laws and rules; amending s.
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560.124, F.S.; revising provisions relating to sharing
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reported information; amending s. 560.125, F.S.; revising
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provisions relating to unlicensed activity; amending s.
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560.126, F.S.; revising provisions relating to certain
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notice requirements by a licensee; amending s. 560.127,
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F.S.; revising provisions relating to the control of a
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money services business; amending s. 560.128, F.S.;
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revising provisions relating to customer contacts and
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license display; amending s. 560.129, F.S.; revising
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provisions relating to the confidentiality of certain
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records; creating s. 560.140, F.S.; providing licensing
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standards for a money services business; creating s.
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560.141, F.S.; providing for a license application;
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creating s. 560.142, F.S.; providing for license renewal;
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creating s. 560.143, F.S.; providing for license fees;
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amending s. 560.203, F.S.; revising the exemption from
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licensure for authorized agents of a money services
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business; amending s. 560.204, F.S.; revising provisions
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relating to the requirement for licensure of money
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transmitters or sellers of payment instruments under part
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II of ch. 560, F.S.; amending s. 560.205, F.S.; providing
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additional requirements for a license application;
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amending s. 560.208, F.S.; revising provisions relating to
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the conduct of a licensee; creating s. 560.2085, F.S.;
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providing requirements for authorized agents; amending s.
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560.209, F.S.; revising provisions relating to a
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licensee's adjusted net worth and the filing of a
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corporate surety bond; requiring a financial audit report;
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increasing the upper limit of the bond; deleting the
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option of waiving the bond; amending s. 560.210, F.S.;
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revising provisions relating to permissible investments;
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amending s. 560.211, F.S.; revising provisions relating to
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required recordkeeping under part II of ch. 560, F.S.;
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amending s. 560.212, F.S.; revising provisions relating to
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licensee liability; amending s. 560.213, F.S.; revising
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provisions relating information that must be printed on a
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payment instrument; amending s. 560.303, F.S.; revising
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provisions relating to the licensure of check cashers
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under part II of ch. 560, F.S.; amending s. 560.304, F.S.;
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revising provisions relating to exemptions from licensure;
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limiting the exemption for the payment of instruments
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below a certain value; amending s. 560.309, F.S.; revising
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provisions relating to the conduct of check cashers;
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providing additional requirements; amending s. 560.310,
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F.S.; revising requirements for licensee records;
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specifying the maintenance of identification records for
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certain customers; amending s. 560.402, F.S.; revising
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definitions relating to deferred presentment providers;
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amending s. 560.403, F.S.; revising provisions relating to
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the licensing requirements for deferred presentment
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providers; amending s. 560.404, F.S.; revising provisions
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relating to deferred presentment transactions; amending s.
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560.405, F.S.; revising provisions relating to the
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redemption or deposit of a deferred presentment
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transaction; amending s. 560.406, F.S.; revising
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provisions relating to worthless checks; amending ss.
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921.0022, F.S.; conforming cross-references; repealing s.
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560.101, F.S., relating to a short title; repealing s.
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560.102, F.S., relating to purpose and application;
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repealing s. 560.106, F.S., relating to chapter
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constructions; repealing s. 560.1073, F.S., relating to
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false or misleading statements or documents; repealing s.
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560.108, F.S., relating to administrative enforcement
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guidelines; repealing s. 560.112, F.S., relating to
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disciplinary action procedures; repealing s. 560.117,
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F.S., relating to administrative fines; repealing s.
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560.200, F.S., relating to a short title; repealing s.
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560.202, F.S., relating to definitions; repealing s.
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560.206, F.S., relating to the investigation of
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applicants; repealing s. 560.207, F.S., relating to
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registration; repealing s. 560.301, F.S., relating to a
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short title; repealing s. 560.302, F.S., relating to
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definitions; repealing s. 560.305, F.S., relating to
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application for registration; repealing s. 560.306, F.S.,
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relating to standards; repealing s. 560.307, F.S.,
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relating to fees; repealing s. 560.308, F.S., relating to
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registration; repealing s. 560.401, F.S., relating to a
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short title; repealing s. 560.407, F.S., relating to
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required records; providing effective dates.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 560.103, Florida Statutes, is amended to
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read:
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560.103 Definitions.--As used in this chapter, the term the
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code, unless the context otherwise requires:
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(1) "Adjusted net worth" means assets minus liabilities,
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determined in accordance with United States generally accepted
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accounting principles, that have been adjusted to exclude the
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following assets:
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(a) Goodwill.
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(b) A home, home furnishings, automobiles, and any other
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personal items.
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(c) Advances or loans to an affiliated party.
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(d) Receivables from officers, directors, shareholders, or
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affiliated parties other than receivables in the normal course of
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business.
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(e) Accounts receivables owed by authorized agents which
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are due more than 90 days after the date of receipt of monetary
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value from the customer.
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(2) "Affiliated party" means a director, officer,
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responsible person, employee, or foreign affiliate of a money
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services business, or a person who has a controlling interest in
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a money services business as provided in s. 560.127.
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(3)(1) "Appropriate regulator" means a any state, or
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federal, or foreign agency that, including the commission or
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office, which has been granted state or federal statutory
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authority to enforce state, federal, or foreign laws related to a
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money services business or deferred presentment provider with
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regard to the money transmission function.
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(4)(2) "Authorized agent vendor" means a person designated
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by a money services business licensed under part II of this
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chapter a registrant to act engage in the business of a money
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transmitter on behalf of the licensee the registrant at locations
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in this state pursuant to a written contract with the licensee
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registrant.
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(5) "Branch office" means the physical location, other than
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the principal place of business, of a money services business
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operated by a licensee under this chapter.
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(6) "Cashing" means providing currency for payment
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instruments except for travelers checks.
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(7)(3) "Check casher" means a person who, for compensation,
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sells currency in exchange for payment instruments received,
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except travelers checks and foreign-drawn payment instruments.
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(4) "Code" means the "Money Transmitters' Code," consisting
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of:
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(a) Part I of this chapter, relating to money transmitters
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generally.
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(b) Part II of this chapter, relating to payment
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instruments and funds transmission.
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(c) Part III of this chapter, relating to check cashing and
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foreign currency exchange.
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(d) Part IV of this chapter, relating to deferred
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presentments.
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(8) "Commission" means the Financial Services Commission.
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(9) "Compliance officer" means the individual in charge of
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overseeing, managing, and ensuring that a money services business
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is in compliance with all state and federal laws and rules
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relating to money services businesses, as applicable, including
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all money laundering laws and rules.
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(5) "Consideration" means and includes any premium charged
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for the sale of goods, or services provided in connection with
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the sale of the goods, which is in excess of the cash price of
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such goods.
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(10)(6) "Currency" means the coin and paper money of the
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United States or of any other country which is designated as
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legal tender and which circulates and is customarily used and
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accepted as a medium of exchange in the country of issuance.
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Currency includes United States silver certificates, United
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States notes, and Federal Reserve notes. Currency also includes
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official foreign bank notes that are customarily used and
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accepted as a medium of exchange in a foreign country.
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(7) "Commission" means the Financial Services Commission.
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(11) "Deferred presentment provider" means a person who is
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licensed under part II or part III of this chapter and has filed
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a declaration of intent with the office to engage in deferred
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presentment transactions as provided under part IV of this
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chapter.
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(12) "Electronic instrument" means a card, tangible object,
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or other form of electronic payment for the transmission or
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payment of money or the exchange of monetary value, including a
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stored value card or device that contains a microprocessor chip,
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magnetic stripe, or other means for storing information; that is
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prefunded; and for which the value is decremented upon each use.
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(13) "Financial audit report" means a report prepared in
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connection with a financial audit that is conducted in accordance
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with generally accepted auditing standards prescribed by the
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American Institute of Certified Public Accountants by a certified
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public accountant licensed to do business in the United States,
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and which must include:
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(a) Financial statements, including notes related to the
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financial statements and required supplementary information,
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prepared in conformity with accounting principles generally
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accepted in the United States. The notes must, at a minimum,
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include detailed disclosures regarding receivables that are
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greater than 90 days, if the total amount of such receivables
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represent more than 2 percent of the licensee's total assets.
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(b) An expression of opinion regarding whether the
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financial statements are presented in conformity with accounting
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principles generally accepted in the United States, or an
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assertion to the effect that such an opinion cannot be expressed
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and the reasons.
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(14) "Foreign affiliate" means a person located outside
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this state who has been designated by a licensee to make payments
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on behalf of the licensee to persons who reside outside this
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state. The term also includes a person located outside of this
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state for whom the licensee has been designated to make payments
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in this state.
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(8) "Office" means the Office of Financial Regulation of
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the commission.
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(15)(9) "Foreign currency exchanger" means a person who
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exchanges, for compensation, currency of the United States or a
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foreign government to currency of another government.
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(10) "Funds transmitter" means a person who engages in the
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receipt of currency or payment instruments for the purpose of
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transmission by any means, including transmissions within this
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country or to or from locations outside this country, by wire,
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facsimile, electronic transfer, courier, or otherwise.
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(16) "Licensee" means a person licensed under this chapter.
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(17) "Location" means a branch office, mobile location, or
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an authorized agent whose business activity is regulated under
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this chapter.
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(18) "Monetary value" means a medium of exchange, whether
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or not redeemable in currency.
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(19)(11) "Money services business transmitter" means any
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person located in or doing business in this state, from this
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state, or into this state from locations outside this state or
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country who acts as a payment instrument seller, foreign currency
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exchanger, check casher, or money funds transmitter, or deferred
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presentment provider.
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(20) "Money transmitter" means a person who receives
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currency, monetary value, or payment instruments for the purpose
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of transmitting the same by any means, including transmission by
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wire, facsimile, electronic transfer, courier, the Internet, or
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through bill payment services or other businesses that facilitate
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such transfer within this country, or to or from this country.
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(12) "Money transmitter-affiliated party" means any
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director, officer, responsible person, employee, authorized
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vendor, independent contractor of a money transmitter, or a
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person who has filed, is required to file, or is found to control
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a money transmitter pursuant to s. 560.127, or any person engaged
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in any jurisdiction, at any time, in the business of money
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transmission as a controlling shareholder, director, officer, or
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responsible person who becomes involved in a similar capacity
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with a money transmitter registered in this state.
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(21) "Office" means the Office of Financial Regulation of
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the commission.
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(22)(13) "Officer" means an individual, other than a
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director whether or not the individual has an official title or
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receives a salary or other compensation, who participates in, or
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has authority to participate, other than in the capacity of a
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director, in, the major policymaking functions of a the money
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services transmitter business, regardless of whether the
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individual has an official title or receives a salary or other
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compensation.
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(23) "Outstanding money transmission" means a money
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transmission request to a designated recipient or a refund to a
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sender that has not been completed.
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(24)(14) "Outstanding payment instrument instruments" means
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an unpaid payment instrument instruments whose sale has been
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reported to a licensee registrant.
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(25)(15) "Payment instrument" means a check, draft,
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warrant, money order, travelers check, electronic instrument, or
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other instrument, or payment of money, or monetary value whether
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or not negotiable. The term Payment instrument does not include
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an instrument that is redeemable by the issuer in merchandise or
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service, a credit card voucher, or a letter of credit.
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(26)(16) "Payment instrument seller" means a person who
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sells a payment instrument.
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(27)(17) "Person" means an any individual, partnership,
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association, trust, corporation, limited liability company, or
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other group, however organized, but does not include a public the
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governments of the United States or this state or any department,
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agency, or instrumentality thereof.
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(18) "Registrant" means a person registered by the office
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pursuant to the code.
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(28)(19) "Responsible person" means an individual a person
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who is employed by or affiliated with a money services business
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transmitter and who has principal active management authority
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over the business decisions, actions, and activities of the money
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services business transmitter in this state.
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(29)(20) "Sells Sell" means to sell, issue, provide, or
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deliver.
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(30) "Stored value" means funds or monetary value
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represented in digital electronics format, whether or not
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specially encrypted, and stored or capable of storage on
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electronic media in such a way as to be retrievable and transfer
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electronically.
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(21) "Unsafe and unsound practice" means:
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(a) Any practice or conduct found by the office to be
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contrary to generally accepted standards applicable to the
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specific money transmitter, or a violation of any prior order of
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an appropriate regulatory agency, which practice, conduct, or
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violation creates the likelihood of material loss, insolvency, or
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dissipation of assets of the money transmitter or otherwise
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materially prejudices the interests of its customers; or
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(b) Failure to adhere to the provisions of 31 C.F.R. ss.
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103.20, 103.22, 103.27, 103.28, 103.29, 103.33, 103.37, 103.41,
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and 103.125 as they existed on March 31, 2004.
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In making a determination under this subsection, the office must
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consider the size and condition of the money transmitter, the
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magnitude of the loss, the gravity of the violation, and the
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prior conduct of the person or business involved.
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Section 2. Section 560.104, Florida Statutes, is amended to
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read:
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560.104 Exemptions.--The following entities are exempt from
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the provisions of this chapter the code:
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(1) Banks, credit card banks, credit unions, trust
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companies, associations, offices of an international banking
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corporation, Edge Act or agreement corporations, or other
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financial depository institutions organized under the laws of any
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state or the United States, provided that they do not sell
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payment instruments through authorized vendors who are not such
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entities.
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(2) The United States or any agency or department,
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instrumentality, or agency thereof.
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(3) This state or any political subdivision of this state.
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Section 3. Section 560.105, Florida Statutes, is amended to
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read:
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560.105 Supervisory powers; rulemaking.--
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(1) Consistent with the purposes of the code, The office
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shall have:
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(a) Supervise Supervision over all money services
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businesses transmitters and their authorized agents vendors.
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(b) Have access to the books and records of persons over
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whom the office supervises exercises supervision as is necessary
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to carry out for the performance of the duties and functions of
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the office under this chapter prescribed by the code.
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(c) Power to Issue orders and declaratory statements,
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disseminate information, and otherwise administer and enforce
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this chapter and all related rules in order exercise its
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discretion to effectuate the purposes, policies, and provisions
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of this chapter the code.
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(2) Consistent with the purposes of the code, The
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to administer this chapter implement the provisions of the code.
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(a)(3) The commission may adopt rules pursuant to ss.
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forms, documents, or fees required by this chapter, which must
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code if such rules reasonably accommodate technological or
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financial hardship. The commission may prescribe by rule
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requirements and provide procedures for obtaining an exemption
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due to a technological or financial hardship.
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(b) Rules adopted to regulate money services businesses,
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including deferred presentment providers, must be responsive to
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changes in economic conditions, technology, and industry
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practices.
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Section 4. Section 560.109, Florida Statutes, is amended to
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read:
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560.109 Examinations and investigations, subpoenas,
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hearings, and witnesses.--
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(1) The office may conduct examinations and make
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investigations or examinations as prescribed in s. 560.118,
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within or outside this state, which it deems necessary in order
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to determine whether a person has violated any provision of this
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chapter and related rules the code, the rules adopted by the
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commission pursuant to the code, or of any practice or conduct
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that creates the likelihood of material loss, insolvency, or
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dissipation of the assets of a money services business or
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otherwise materially prejudices the interests of their customers
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31 C.F.R. ss. 103.20, 103.22, 103.27, 103.28, 103.29, 103.33,
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103.37, 103.41, and 103.125 as they existed on March 31, 2004.
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(1) The office may examine each licensee as often as is
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warranted for the protection of customers and in the public
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interest, but at least once every 5 years. The office shall
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provide at least 15 days' notice to a money services business,
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its authorized agent, or license applicant before conducting an
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examination or investigation. However, the office may conduct an
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examination or investigation of a money services business,
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authorized agent, or affiliated party at any time and without
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advance notice if the office suspects that the money services
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business, authorized agent, or affiliated party has violated or
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is about to violate any provisions of this chapter or any
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criminal laws of this state or of the United States.
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(2) The office may conduct a joint or concurrent
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examination with any state or federal regulatory agency and may
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furnish a copy of all examinations to an appropriate regulator if
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the regulator agrees to abide by the confidentiality provisions
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in chapter 119 and this chapter. The office may also accept an
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examination from any appropriate regulator or, pursuant to s.
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560.1091, from an independent third party that has been approved
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by the office.
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(3) Persons subject to this chapter who are examined or
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investigated shall make available to the office, its examiners,
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or investigators, all books, accounts, documents, files,
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information, assets, and matters that are in their immediate
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possession or control and that relate to the subject of the
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examination or investigation.
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(a) Records not in their immediate possession must be made
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available to the office, or the office's examiners or
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investigators, within 3 days after actual notice is served.
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(b) Upon notice, the office may require that records that
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written in a language other than English be accompanied by a
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certified translation at the expense of the licensee.
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(4)(2)(a) In the course of or in connection with any
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examination or an investigation conducted by the office:
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(a) An employee of the office holding the title and
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position of a pursuant to the provisions of subsection (1) or an
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investigation or examination in connection with any application
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to the office for the organization or establishment of a money
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transmitter business, or in connection with an examination or
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investigation of a money transmitter or its authorized vendor,
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the office, or any of its officers holding no lesser title and
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position than financial examiner or analyst, financial
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investigator, or attorney at law, or higher may:
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1. Administer oaths and affirmations.
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2. Take or cause to be taken testimony and depositions.
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(b) The office, or any of its employees officers holding a
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title of no lesser title than attorney, or area financial
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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
478
justice requires in order to protect a party or other person and
479
her or his personal and property rights, including, but not
480
limited to, protection from annoyance, embarrassment, oppression,
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or undue burden, or expense.
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(c)(d) Failure to comply with an order granting, in whole
483
or in part, a petition for enforcement of a subpoena is a
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contempt of the court.
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(6)(4) Witnesses are entitled to the same fees and mileage
486
to which they would be entitled by law for attending as witnesses
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in the circuit court, except that no fees or mileage is not
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allowed for the testimony of a person taken at the person's
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principal office or residence.
490
(7)(5) Reasonable and necessary costs incurred by the
491
office and payable to third parties in connection persons
492
involved with examinations or investigations may be assessed
493
against any person on the basis of actual costs incurred.
494
Assessable expenses include, but are not limited to,: expenses
495
for: interpreters; certified translations of documents into the
496
English language required by this chapter or related rules;
497
expenses for communications; expenses for legal representation;
498
expenses for economic, legal, or other research, analyses, and
499
testimony; and fees and expenses for witnesses. The failure to
500
reimburse the office is a ground for denial of the registration
501
application or for revocation of any approval thereof. No such
502
Costs may not shall be assessed against a person unless the
503
office has determined that the person has operated or is
504
operating in violation of this chapter the code.
505
(8) The office shall report any violation of law that may
506
be a felony to the appropriate criminal investigatory agency
507
having jurisdiction with respect to such violation.
508
(9) The office shall prepare and submit a report to the
509
President of the Senate and the Speaker of the House of
510
Representatives by January 1 of each year which includes:
511
(a) The total number of examinations and investigations
512
that resulted in a referral to a state or federal agency and the
513
disposition of each of those referrals by agency.
514
(b) The total number of initial referrals received from
515
another state or federal agency, the total number of examinations
516
and investigations opened as a result of referrals, and the
517
disposition of each of those cases.
518
(c) The number of examinations or investigations undertaken
519
by the office which were not the result of a referral from
520
another state agency or a federal agency.
521
(d) The total amount of fines assessed and collected by the
522
office as a result of an examination or investigation of
523
activities regulated under parts II and III of this chapter.
524
Section 5. Section 560.1091, Florida Statutes, is created
525
to read:
526
560.1091 Contracted examinations.--The office may contract
527
with third parties to conduct examinations under this chapter.
528
(1) The person or firm selected by the office must not have
529
a conflict of interest that might affect its ability to
530
independently perform its responsibilities with respect to an
531
examination.
532
(2) The examiner must be an independent certified public
533
accountant or information technologist meeting criteria specified
534
in rule.
535
(3) The licensee subject to the examination must pay to the
536
office the expenses of the examination at rates adopted by
537
commission rule.
538
(a) The rates charged must be consistent with rates charged
539
by other persons in a similar profession and comparable with the
540
rates charged for comparable examinations.
541
(b) Allowable expenses include actual travel expenses, an
542
allowance for reasonable living expenses, compensation of the
543
examiner or other person making the examination, and necessary
544
administrative costs directly related to the examination.
545
Allowances for travel and living expenses are limited to those
546
expenses incurred to conduct the examination.
547
(c) A detailed statement of allowable expenses shall be
548
submitted to the office by the examiner and must be approved by
549
the office prior to being submitted by the office to the licensee
550
for payment.
551
(d) Notwithstanding s. 112.061, an examiner conducting an
552
examination of a licensee may be paid for his or her actual
553
travel expenses, reasonable allowance for living expenses, and
554
compensation in accordance with the statement filed with the
555
office by the contractor under paragraph (c). When not examining
556
a licensee, the travel expenses, per diem, and compensation for
557
examiners shall be paid out of moneys budgeted for such purpose
558
and in accordance with s. 112.061.
559
(4) All moneys collected from a licensee for the expenses
560
of an examination shall be deposited into the Regulatory Trust
561
Fund and used by the office to pay the examiner.
562
(5) The commission shall adopt rules to administer this
563
section.
564
Section 6. Section 560.110, Florida Statutes, is created to
565
read:
566
560.110 Records retention.--Each licensee and its
567
authorized agents must maintain all books, accounts, documents,
568
files, and information necessary for determining compliance with
569
this chapter and related rules for 5 years unless a longer period
570
is required by other state or federal law.
571
(1) The records required under this chapter may be
572
maintained by the licensee at any location identified in its
573
license application or by amendment to the application. The
574
licensee must make such records available to the office for
575
examination and investigation in this state within 3 business
576
days after receipt of a written request.
577
(2) The original of any record of a licensee or authorized
578
agent includes a record stored or transmitted by electronic,
579
computerized, mechanized, or other information storage or
580
retrieval or transmission system or device that can generate,
581
regenerate, or transmit the precise data or other information
582
comprising the record. An original also includes the visible data
583
or other information so generated, regenerated, or transmitted if
584
it is legible or can be made legible by enlargement or other
585
process.
586
(3) The commission may adopt rules to administer this
588
commission shall take into consideration the federal regulations
589
that affect the money services business industry or a deferred
590
payment provider, including any guidance issued by a federal
591
regulatory agency.
592
(4) Any person who willfully fails to comply with this
595
596
Section 7. Section 560.111, Florida Statutes, is amended to
597
read:
598
560.111 Prohibited acts and practices.--
599
(1) A money services business, authorized agent, or
600
affiliated party may not It is unlawful for any money transmitter
601
or money transmitter-affiliated party to:
602
(a) Receive or possess itself of any property except
603
otherwise than in payment of a just demand, and, with intent to
604
deceive or defraud, to omit to make or to cause to be made a full
605
and true entry thereof in its books and accounts, or to concur in
606
omitting to make any material entry thereof.;
607
(b) Embezzle, abstract, or misapply any money, property, or
608
thing of value belonging to the money services business, its
609
authorized agent, or customer of the money transmitter or
610
authorized vendor with intent to deceive or defraud. such money
611
transmitter or authorized vendor;
612
(c) Make any false entry in its books, accounts, reports,
613
files, or documents any book, report, or statement of such money
614
transmitter or authorized vendor with intent to deceive or
615
defraud such money transmitter, authorized vendor, or another
616
person, or with intent to deceive the office, any appropriate
617
regulator other state or federal regulatory agency, or any
618
authorized third party representative appointed by the office to
619
examine or investigate the affairs of the money services business
620
or its authorized agent. such money transmitter or authorized
621
vendor;
622
(d) Engage in an act that violates 18 U.S.C. s. 1956, 18
623
U.S.C. s. 1957, 31 U.S.C. s. 5324, or any other law, rule, or
624
regulation of another state, or of the United States, or any
625
foreign jurisdiction relating to a money services business,
626
deferred presentment provider, the business of money transmission
627
or usury which may cause the denial or revocation of a money
628
services business or deferred presentment provider transmitter
629
license or the equivalent registration in that such
630
jurisdiction.;
631
(e) File with the office, sign as a duly authorized
632
representative, or deliver or disclose, by any means, to the
633
office or any of its employees any examination report, report of
634
condition, report of income and dividends, audit, account,
635
statement, file, or document known by it to be fraudulent or
636
false as to any material matter.; or
637
(f) Place among the assets of a money services business or
638
its authorized agent such money transmitter or authorized vendor
639
any note, obligation, or security that the money services
640
business or its authorized agent transmitter or authorized
641
vendor does not own or is known to be that to the person's
642
knowledge is fraudulent or otherwise worthless, or for any such
643
person to represent to the office that any note, obligation, or
644
security carried as an asset of such money transmitter or
645
authorized vendor is the property of the money services business
646
or its authorized agent transmitter or authorized vendor and is
647
genuine if it is known to be such person that such representation
648
is false or that such note, obligation, or security is fraudulent
649
or otherwise worthless.
650
(2) A It is unlawful for any person may not to knowingly
651
execute, or attempt to execute, a scheme or artifice to defraud a
652
money services business or its authorized agent transmitter or
653
authorized vendor, or to obtain any of the moneys, funds,
654
credits, assets, securities, or other property owned by, or under
655
the custody or control of, a money services business or its
656
authorized agent transmitter or authorized vendor, by means of
657
false or fraudulent pretenses, representations, or promises.
658
(3) Any person who violates any provision of this section
659
commits a felony of the third degree, punishable as provided in
661
(4) Any person who willfully violates any provision of s.
663
of the third degree, punishable as provided in s. 775.082, s.
665
Section 8. Section 560.113, Florida Statutes, is amended to
666
read:
667
560.113 Injunctions; receiverships; restitution.--Whenever
668
a violation of the code is threatened or impending and such
669
violation will cause substantial injury to any person, the
670
circuit court has jurisdiction to hear any complaint filed by the
671
office and, upon proper showing, to issue an injunction
672
restraining such violation or granting other such appropriate
673
relief.
674
(1) If the office determines that any person has engaged in
675
or is about to engage in any action that is a violation of this
676
chapter or related rules, the office may, in addition to or in
677
lieu of other remedies, bring an action on behalf of the state in
678
the circuit court against the person and any other person acting
679
in concert with such person to enjoin such person from engaging
680
in such act. The office may apply for, and on due showing be
681
entitled to have issued, the court's subpoena requiring the
682
appearance of the person and her or his employees, associated
683
persons, or agents and the production of any documents, books, or
684
records that may appear necessary for the hearing of the
685
petition, and to testify or give evidence concerning the acts
686
complained of.
687
(2) In addition to, or in lieu of, the enforcement of a
688
temporary restraining order, temporary injunction, or permanent
689
injunction against the person, the court may, upon application of
690
the office, impound and appoint a receiver or administrator for
691
the property, assets, and business of the defendant, including,
692
but not limited to, any related books, records, documents, or
693
papers. The receiver or administrator shall have all powers and
694
duties conferred by the court as to the custody, collection,
695
administration, winding up, and liquidation of the property and
696
business. The court may issue orders and decrees staying all
697
pending suits and enjoining any further suits affecting the
698
receiver's or administrator's custody or possession of the
699
property, assets, and business or may, with the consent of the
700
presiding judge of the circuit, require that all such suits be
701
assigned to the judge appointing the receiver or administrator.
702
(3) In addition to, or in lieu of, any other remedies
703
provided under this chapter, the office may apply to the court
704
hearing the matter for an order directing the defendant to make
705
restitution of those sums shown by the office to have been
706
obtained in violation of this chapter. Such restitution shall, at
707
the option of the court, be payable to the administrator or
708
receiver appointed under this section or directly to the persons
709
whose assets were obtained in violation of this chapter.
710
Section 9. Section 560.114, Florida Statutes, is amended to
711
read:
712
560.114 Disciplinary actions; penalties.--
713
(1) The following actions by a money services business,
714
authorized agent, or affiliated party transmitter or money
715
transmitter-affiliated party are violations of the code and
716
constitute grounds for the issuance of a cease and desist order,
717
the issuance of a removal order, the denial, of a registration
718
application or the suspension, or revocation of a license any
719
registration previously issued pursuant to the code, or the
720
taking of any other action within the authority of the office
721
pursuant to this chapter the code:
722
(a) Failure to comply with any provision of this chapter or
723
related the code, any rule or order adopted pursuant thereto, or
724
any written agreement entered into with the office.
725
(b) Fraud, misrepresentation, deceit, or gross negligence
726
in any transaction by a involving money services business
727
transmission, regardless of reliance thereon by, or damage to, a
728
money transmitter customer.
729
(c) Fraudulent misrepresentation, circumvention, or
730
concealment of any matter that must required to be stated or
731
furnished to a money transmitter customer pursuant to this
732
chapter the code, regardless of reliance thereon by, or damage
733
to, such customer.
734
(d) False, deceptive, or misleading advertising.
735
(e) Failure to maintain, preserve, and keep available for
736
examination, and produce all books, accounts, files, or other
737
documents required by this chapter or related rules or orders the
738
code, by any rule or order adopted pursuant to the code, by 31
739
C.F.R. ss. 103.20, 103.22, 103.23, 103.27, 103.28, 103.29,
740
103.33, 103.37, 103.41, and 103.125 as they existed on March 31,
741
2004, or by any agreement entered into with the office.
742
(f) Refusing to allow Refusal to permit the examination or
743
inspection of books, accounts, files, or other documents and
744
records in an investigation or examination by the office,
745
pursuant to this chapter the provisions of the code, or to comply
746
with a subpoena issued by the office.
747
(g) Failure to pay a judgment recovered in any court in
748
this state by a claimant in an action arising out of a money
749
transmission transaction within 30 days after the judgment
750
becomes final.
751
(h) Engaging in an act prohibited under or practice
752
proscribed by s. 560.111.
753
(i) Insolvency or operating in an unsafe and unsound
754
manner.
755
(j) Failure by a money services business transmitter to
756
remove an affiliated a money transmitter-affiliated party after
757
the office has issued and served upon the money services business
758
transmitter a final order setting forth a finding that the
759
affiliated money transmitter-affiliated party has violated a any
760
provision of this chapter the code.
761
(k) Making a any material misstatement, or
762
misrepresentation, or ommission or committing any fraud in an
763
initial or renewal application for licensure, any amendment to
764
such application, or application for the appointment of an
765
authorized agent registration.
766
(l) Committing any act that results resulting in a license
767
an application for registration, or a registration or its
768
equivalent, to practice any profession or occupation being
769
denied, suspended, revoked, or otherwise acted against by a
770
licensing registering authority in any jurisdiction or a finding
771
by an appropriate regulatory body of engaging in unlicensed
772
activity as a money transmitter within any jurisdiction.
773
(m) Being the subject of final agency action or its
774
equivalent, issued by an appropriate regulator, for engaging in
775
unlicensed activity as a money services business or deferred
776
presentment provider in any jurisdiction.
777
(n)(m) Committing any act resulting in a license
778
registration or its equivalent, or an application for
779
registration, to practice any profession or occupation being
780
denied, suspended, revoked, or otherwise acted against by a
781
licensing registering authority in any jurisdiction for a
782
violation of 18 U.S.C. s. 1956, 18 U.S.C. s. 1957, 18 U.S.C. s.
783
1960, 31 U.S.C. s. 5324, or any other law or, rule, or regulation
784
of another state or of the United States relating to a money
785
services business, deferred presentment provider, the business of
786
money transmission or usury that which may cause the denial,
787
suspension, or revocation of a money services business or
788
deferred presentment provider transmitter license or its
789
equivalent or registration in such jurisdiction.
790
(o)(n) Having been convicted of or found guilty of, or
791
entered a plea of having pleaded guilty or nolo contendere to,
792
any felony or crime punishable by imprisonment of 1 year or more
793
under the law of any state or of the United States which involves
794
fraud, moral turpitude, or dishonest dealing, regardless of
795
adjudication without regard to whether a judgment of conviction
796
has been entered by the court.
797
(p)(o) Having been convicted of or found guilty of, or
798
entered a plea of having pleaded guilty or nolo contendere to, a
799
crime under 18 U.S.C. s. 1956 or 31 U.S.C. s. 5324, regardless of
800
adjudication without regard to whether a judgment of conviction
801
has been entered by the court.
802
(q)(p) Having been convicted of or found guilty of, or
803
entered a plea of having pleaded guilty or nolo contendere to,
804
misappropriation, conversion, or unlawful withholding of moneys
805
belonging that belong to others, regardless of adjudication and
806
were received in the conduct of the business of the money
807
transmitter.
808
(r)(q) Failure to inform the office in writing within 30 15
809
days after having pled pleading guilty or nolo contendere to, or
810
being convicted or found guilty of, any felony or crime
811
punishable by imprisonment of 1 year or more under the law of any
812
state or of the United States, or of any crime involving fraud,
813
moral turpitude, or dishonest dealing, without regard to whether
814
a judgment of conviction has been entered by the court.
815
(s)(r) Aiding, assisting, procuring, advising, or abetting
816
any person in violating a provision of this chapter code or any
817
order or rule of the office or commission.
818
(t)(s) Failure to timely pay any fee, charge, or cost
819
imposed or assessed fine under this chapter the code.
820
(u) Failing to pay a fine assessed by the office within 30
821
days after the due date as stated in a final order.
822
(v)(t) Failure to pay any judgment entered by any court
823
within 30 days after the judgment becomes final.
824
(u) Engaging or holding oneself out to be engaged in the
825
business of a money transmitter without the proper registration.
826
(v) Any action that would be grounds for denial of a
827
registration or for revocation, suspension, or restriction of a
828
registration previously granted under part III of this chapter.
829
(w) Failure to pay any fee, charge, or fine under the code.
830
(w)(x) Engaging or advertising engagement in the business
831
of a money services business or deferred presentment provider
832
transmitter without a license registration, unless the person is
833
exempted from licensure the registration requirements of the
834
code.
835
(x)(y) Payment to the office for a license or other fee,
836
charge, cost, or fine permit with a check or electronic
837
transmission of funds that is dishonored by the applicant's or
838
licensee's financial institution.
839
(y) Failure by a money services business licensed under
840
part II of this chapter to supervise its authorized agents
842
(z) Violations of 31 C.F.R. ss. 103.20, 103.22,
843
103.23,103.27, 103.28, 103.29, 103.33, 103.37, 103.41, and
844
103.125.
845
(aa) Any practice or conduct that creates the likelihood of
846
a material loss, insolvency, or dissipation of assets of a money
847
services business or otherwise materially prejudices the
848
interests of its customers
849
(2) The office may deny licensure if the applicant or an
850
affiliated party is the subject of a pending criminal prosecution
851
or governmental enforcement action in any jurisdiction until the
852
conclusion of the prosecution or action.
853
(3)(2) The office may issue a cease and desist order or
854
removal order, suspend or revoke a license any previously issued
855
registration, or take any other action within the authority of
856
the office against a licensee money transmitter based on any fact
857
or condition that exists and that, if it had existed or been
858
known to exist at the time of license application the money
859
transmitter applied for registration, would have been grounds for
860
license denial of registration.
861
(4)(3) A Each money services business licensed under part
862
II of this chapter transmitter is responsible for any act of its
863
authorized agents vendors if the money services business
864
transmitter should have known of the act or had if the money
865
transmitter has actual knowledge that such act is a violation of
866
this chapter, the code and the money services business
867
transmitter willfully allowed the such act to continue. Such
868
responsibility is limited to conduct engaged in by the authorized
869
agent vendor pursuant to the authority granted to it by the money
870
services business transmitter.
871
(5)(4) If a license registration granted under this chapter
872
code expires or is surrendered by the licensee registrant during
873
the pendency of an administrative action under this code, the
874
proceeding may continue as if the license is registration were
875
still in effect.
876
(6) The office may, in addition to or in lieu of the
877
denial, suspension, or revocation of a license, impose a fine of
878
up to $10,000 for each violation of this chapter.
879
(7) In addition to any other provision of this chapter, the
880
office may impose a fine of up to $1,000 per day for each day
881
that a person engages in the business of a money services
882
business or deferred presentment provider without being licensed.
883
(8) In imposing any administrative remedy or penalty under
884
this chapter, the office shall take into account the
885
appropriateness of the penalty with respect to the gravity of the
886
violation, the history of previous violations, and other matters
887
as justice may require.
888
Section 10. Section 560.115, Florida Statutes, is amended
889
to read:
890
560.115 Surrender of license registration.--A licensee Any
891
money transmitter registered pursuant to the code may voluntarily
892
surrender its license registration at any time by giving written
893
notice to the office.
894
Section 11. Section 560.116, Florida Statutes, is amended
895
to read:
896
560.116 Civil immunity.--Any person having reason to
897
believe that a provision of this chapter the code is being
898
violated, or has been violated, or is about to be violated, may
899
file a complaint with the office setting forth the details of the
900
alleged violation. Such person is immune An Immunity from civil
901
liability is hereby granted to any person who furnishes such
902
information, unless the information provided is false and has
903
been provided the person providing the information does so with
904
reckless disregard for the truth.
905
Section 12. Section 560.118, Florida Statutes, is amended
906
to read:
907
560.118 Examinations, Reports, and internal audits;
908
penalty.--
909
(1)(a) The office may conduct an examination of a money
910
transmitter or authorized vendor by providing not less than 15
911
days' advance notice to the money transmitter or authorized
912
vendor. However, if the office suspects that the money
913
transmitter or authorized vendor has violated any provisions of
914
this code or any criminal laws of this state or of the United
915
States or is engaging in an unsafe and unsound practice, the
916
office may, at any time without advance notice, conduct an
917
examination of all affairs, activities, transactions, accounts,
918
business records, and assets of any money transmitter or any
919
money transmitter-affiliated party for the protection of the
920
public. For the purpose of examinations, the office may
921
administer oaths and examine a money transmitter or any of its
922
affiliated parties concerning their operations and business
923
activities and affairs. The office may accept an audit or
924
examination from any appropriate regulatory agency or from an
925
independent third party with respect to the operations of a money
926
transmitter or an authorized vendor. The office may also make a
927
joint or concurrent examination with any state or federal
928
regulatory agency. The office may furnish a copy of all
929
examinations made of such money transmitter or authorized vendor
930
to the money transmitter and any appropriate regulatory agency
931
provided that such agency agrees to abide by the confidentiality
932
provisions as set forth in chapter 119.
933
(b) Persons subject to this chapter who are examined shall
934
make available to the office or its examiners the accounts,
935
records, documents, files, information, assets, and matters which
936
are in their immediate possession or control and which relate to
937
the subject of the examination. Those accounts, records,
938
documents, files, information, assets, and matters not in their
939
immediate possession shall be made available to the office or the
940
office's examiners within 10 days after actual notice is served
941
on such persons.
942
(c) The audit of a money transmitter required under this
943
section may be performed by an independent third party that has
944
been approved by the office or by a certified public accountant
945
authorized to do business in the United States. The examination
946
of a money transmitter or authorized vendor required under this
947
section may be performed by an independent third party that has
948
been approved by the office or by a certified public accountant
949
authorized to do business in the United States. The cost of such
950
an independent examination or audit shall be directly borne by
951
the money transmitter or authorized vendor.
952
(2)(a) Annual financial audit reports must that are
953
required to be filed with the office pursuant to this chapter or
954
related rules under the code or any rules adopted thereunder must
955
be audited by an independent third party that has been approved
956
by the office or by a certified public accountant authorized to
957
do business in the United States. The licensee money transmitter
958
or authorized vendor shall directly bear the cost of the audit.
959
This paragraph does not apply to any seller of payment
960
instruments who can prove to the satisfaction of the office that
961
it has a combined total of fewer than 50 employees and authorized
962
vendors or that its annual payment instruments issued from its
963
activities as a payment instrument seller are less than $200,000.
964
(2)(b) Each licensee must submit The commission may, by
965
rule, require each money transmitter or authorized vendor to
966
submit quarterly reports to the office in a format and include
967
information as specified by rule. The rule commission may require
968
the that each report to contain a declaration by an officer, or
969
any other responsible person authorized to make such declaration,
970
that the report is true and correct to the best of her or his
971
knowledge and belief. Such report must include such information
972
as the commission by rule requires for that type of money
973
transmitter.
974
(c) The office may levy an administrative fine of up to
975
$100 per day for each day the report is past due, unless it is
976
excused for good cause. In excusing any such administrative fine,
977
the office may consider the prior payment history of the money
978
transmitter or authorized vendor.
979
(3) Any person who willfully violates this section or fails
980
to comply with any lawful written demand or order of the office
981
made under this section commits a felony of the third degree,
983
Section 13. Section 560.119, Florida Statutes, is
984
transferred, renumbered as section 560.144, Florida Statutes, and
985
amended to read:
986
560.144 560.119 Deposit of fees and assessments.--License
987
The application fees, license registration renewal fees, late
988
payment penalties, civil penalties, administrative fines, and
989
other fees, costs, or penalties provided for in this chapter the
990
code shall, in all cases, be paid directly to the office, which
991
shall deposit such proceeds into the Regulatory Trust Fund, and
992
use the proceeds to pay the costs of the office as necessary to
993
carry out its responsibilities under this chapter. Each year, the
994
Legislature shall appropriate from the trust fund to the office
995
sufficient moneys to pay the office's costs for administration of
996
the code. The Regulatory Trust Fund is subject to the service
997
charge imposed pursuant to chapter 215.
998
Section 14. Section 560.121, Florida Statutes, is amended
999
to read:
1000
560.121 Access to records; record retention; penalties
1001
limited restrictions upon public access.--
1002
(1)(a) Orders of courts or of administrative law judges for
1003
the production of confidential records or information must shall
1004
provide for inspection in camera by the court or the
1005
administrative law judge; and, if after the court or
1006
administrative law judge determines has made a determination that
1007
the documents requested are relevant or would likely lead to the
1008
discovery of admissible evidence, said documents shall be subject
1009
to further orders by the court or the administrative law judge
1010
must issue further orders to protect the confidentiality of the
1011
documents thereof. Any order directing the release of information
1012
is shall be immediately reviewable, and a petition by the office
1013
for review of the such order shall automatically stay further
1014
proceedings in the trial court or the administrative hearing
1015
until the disposition of the such petition by the reviewing
1016
court. If any other party files such A petition for review of the
1017
order filed by any other party shall, it will operate as a stay
1018
of the such proceedings only upon order of the reviewing court.
1019
(2)(b) Confidential records and information furnished
1020
pursuant to a legislative subpoena must shall be kept
1021
confidential by the legislative body or committee which receives
1022
the records or information, except in cases a case involving the
1023
investigation of charges against a public official subject to
1024
impeachment or removal, and then disclosure of such information
1025
shall be only to the extent determined to be necessary by the
1026
legislative body or committee to be necessary.
1027
(3)(2) The commission may prescribe by rule the minimum
1028
information that must be shown in the books, accounts, records,
1029
and documents of licensees for purposes of enabling the office to
1030
determine the licensee's compliance with this chapter. In
1031
addition, the commission may prescribe by rule requirements for
1032
the destruction of books, accounts, records, and documents
1033
retained by the licensee after completion of the time period
1034
specified in this subsection. Examination reports, investigatory
1035
records, applications, and related information compiled by the
1036
office, or photographic copies thereof, must shall be retained by
1037
the office for a period of at least 5 3 years after following the
1038
date that the examination or investigation ceases to be active.
1039
Application records, and related information compiled by the
1040
office, or photographic copies thereof, must shall be retained by
1041
the office for a period of at least 5 2 years after following the
1042
date that the license registration ceases to be active.
1043
(3) A copy of any document on file with the office which is
1044
certified by the office as being a true copy may be introduced in
1045
evidence as if it were the original. The commission shall
1046
establish a schedule of fees for preparing true copies of
1047
documents.
1048
(4) Any person who willfully discloses information made
1049
confidential by this section commits a felony of the third
1051
1052
Section 15. Section 560.123, Florida Statutes, is amended
1053
to read:
1054
560.123 Florida Control of Money Laundering in the Money
1055
Services Business Act Transmitters' Code; reports of transactions
1056
involving currency or monetary instruments; when required;
1057
purpose; definitions; penalties; corpus delicti.--
1058
(1) This section may be cited as the "Florida Control of
1059
Money Laundering in Money Services Business Transmitters Act."
1060
(2) It is The purpose of this section is to require the
1061
submission to the office of reports and the maintenance of
1062
certain records of transactions involving currency or payment
1063
monetary instruments in order to which reports and records deter
1064
the use of a money services business money transmitters to
1065
conceal proceeds from criminal activity and to ensure the
1066
availability of such records for are useful in criminal, tax, or
1067
regulatory investigations or proceedings.
1068
(3)(a) A Every money services business must transmitter
1069
shall keep a record of every each financial transaction occurring
1070
in this state known to it that occurs in this state; involves to
1071
involve currency or other payment monetary instrument, as
1072
prescribed the commission prescribes by rule, having of a value
1073
greater than in excess of $10,000; and involves, to involve the
1074
proceeds of specified unlawful activity, or is to be designed to
1075
evade the reporting requirements of this section or chapter 896.
1076
The money services business must and shall maintain appropriate
1077
procedures to ensure compliance with this section and chapter
1078
896.
1079
(a)(b) Multiple financial transactions shall be treated as
1080
a single transaction if the money services business transmitter
1081
has knowledge that they are made by or on behalf of any one
1082
person and result in either cash in or cash out totaling more
1083
than $10,000 during any day.
1084
(b)(c) A Any money services business transmitter may keep a
1085
record of any financial transaction occurring in this state,
1086
regardless of the value, if it suspects that the transaction
1087
involves the proceeds of specified unlawful activity.
1088
(c) The money services business must file a report with the
1089
office of any records required by this subsection, at such time
1090
and containing such information as required by rule. The timely
1091
filing of the report required by 31 U.S.C. s. 5313 with the
1092
appropriate federal agency shall be deemed compliance with the
1093
reporting requirements of this subsection unless the reports are
1094
not regularly and comprehensively transmitted by the federal
1095
agency to the office.
1096
(d) A money services business transmitter, or officer,
1097
employee, or agent thereof, that files a report in good faith
1098
pursuant to this section is not liable to any person for loss or
1099
damage caused in whole or in part by the making, filing, or
1100
governmental use of the report, or any information contained
1101
therein.
1102
(4)(3) A money services business transmitters must comply
1103
with adhere to the money laundering, enforcement, and reporting
1104
provisions of s. 655.50, relating to reports of transactions
1105
involving currency transactions and payment monetary instruments,
1106
and of chapter 896, concerning offenses relating to financial
1107
transactions.
1108
(5)(4) In enforcing this section, the commission and office
1109
shall acknowledge and take into consideration the requirements of
1110
Title 31, United States Code, in order both to reduce the burden
1111
of fulfilling duplicate requirements and to acknowledge the
1112
economic advantage of having similar reporting and recordkeeping
1113
requirements between state and federal regulatory authorities.
1114
(5)(a) Each money transmitter must file a report with the
1115
office of the record required by this section. Each record filed
1116
pursuant to this section must be filed at such time and contain
1117
such information as the commission requires by rule.
1118
(b) The timely filing of the report required by 31 U.S.C.
1119
s. 5313, with the appropriate federal agency is deemed compliance
1120
with the reporting requirements of this subsection unless the
1121
reports are not regularly and comprehensively transmitted by the
1122
federal agency to the office.
1123
(6) The office must retain a copy of all reports received
1124
under subsection (3) (5) for a minimum of 5 3 calendar years
1125
after receipt of the report. However, if a report or information
1126
contained in a report is known by the office to be the subject of
1127
an existing criminal proceeding, the report must be retained for
1128
a minimum of 10 calendar years after from the date of receipt.
1129
(7) In addition to any other powers conferred upon the
1130
office to enforce and administer this chapter the code, the
1131
office may:
1132
(a) Bring an action in any court of competent jurisdiction
1133
to enforce or administer this section. In such action, the office
1134
may seek award of any civil penalty authorized by law and any
1135
other appropriate relief at law or equity.
1136
(b) Issue and serve upon a person an order requiring the
1137
such person to cease and desist and take corrective action if
1138
whenever the office finds that the such person is violating, has
1139
violated, or is about to violate any provision of this section or
1140
chapter 896; any rule or order adopted under this section or
1141
chapter 896; or any written agreement related to this section or
1142
chapter 896 which is entered into with the office.
1143
(c) Issue and serve upon a person an order suspending or
1144
revoking the such person's money services business license if
1145
transmitter registration whenever the office finds that the such
1146
person is violating, has violated, or is about to violate any
1147
provision of this section or chapter 896; any rule or order
1148
adopted under this section or chapter 896; or any written
1149
agreement related to this section or chapter 896 which is entered
1150
into with the office.
1151
(d) Issue and serve upon any person an order of removal
1152
whenever the office finds that the such person is violating, has
1153
violated, or is about to violate any provision of this section or
1154
chapter 896; any rule or order adopted under this section or
1155
chapter 896; or any written agreement related to this section or
1156
chapter 896 which is entered into with the office.
1157
(e) Impose and collect an administrative fine against any
1158
person found to have violated any provision of this section or
1159
chapter 896; any rule or order adopted under this section or
1160
chapter 896; or any written agreement related to this section or
1161
chapter 896 which is entered into with the office, of up to in an
1162
amount not exceeding $10,000 per a day for each willful violation
1163
or $500 per a day for each negligent violation.
1164
(8)(a) Except as provided in paragraph (b), a person who
1165
willfully violates any provision of this section commits a
1166
misdemeanor of the first degree, punishable as provided in s.
1168
(b) A person who willfully violates any provision of this
1169
section, if the violation involves:
1170
1. Currency or payment instruments exceeding $300 but less
1171
than $20,000 in any 12-month period, commits a felony of the
1173
or s. 775.084.
1174
2. Currency or payment instruments totaling or exceeding
1175
$20,000 but less than $100,000 in any 12-month period, commits a
1176
felony of the second degree, punishable as provided in s.
1178
3. Currency or payment instruments totaling or exceeding
1179
$100,000 in any 12-month period, commits a felony of the first
1181
1182
(c) In addition to the penalties otherwise authorized by s.
1184
convicted of, or entered a plea of who has pleaded guilty or nolo
1185
contendere, regardless of adjudication, to having violated
1186
paragraph (b) may be sentenced to pay a fine of up to not
1187
exceeding $250,000 or twice the value of the currency or payment
1188
instruments, whichever is greater, except that on a second or
1189
subsequent conviction for or plea of guilty or nolo contendere,
1190
regardless of adjudication, to a violation of paragraph (b), the
1191
fine may be up to $500,000 or quintuple the value of the currency
1192
or payment instruments, whichever is greater.
1193
(d) A person who violates this section is also liable for a
1194
civil penalty of not more than the greater of the value of the
1195
currency or payment instruments involved or $25,000.
1196
(9) In any prosecution brought pursuant to this section,
1197
the common law corpus delicti rule does not apply. The
1198
defendant's confession or admission is admissible during trial
1199
without the state having to prove the corpus delicti if the court
1200
finds in a hearing conducted outside the presence of the jury
1201
that the defendant's confession or admission is trustworthy.
1202
Before the court admits the defendant's confession or admission,
1203
the state must prove by a preponderance of the evidence that
1204
there is sufficient corroborating evidence that tends to
1205
establish the trustworthiness of the statement by the defendant.
1206
Hearsay evidence is admissible during the presentation of
1207
evidence at the hearing. In making its determination, the court
1208
may consider all relevant corroborating evidence, including the
1209
defendant's statements.
1210
Section 16. Section 560.1235, Florida Statutes, is created
1211
to read:
1212
560.1235 Money laundering requirements.--
1213
(1) A licensee must comply with all state and federal laws
1214
and rules relating to the detection and prevention of money
1215
laundering, including, as applicable, s. 560.123, and 31 C.F.R.
1216
ss. 103.20, 103.22, 103.23, 103.27. 103.28, 103.29, 103.33,
1217
103.37, and 103.41.
1218
(2) A licensee must maintain an anti-money laundering
1219
program in accordance with 31 C.F.R. s. 103.25. The program must
1220
be reviewed and updated as necessary to ensure that the program
1221
continues to be effective in detecting and deterring money
1222
laundering activities.
1223
Section 17. Section 560.124, Florida Statutes, is amended
1224
to read:
1225
560.124 Sharing of information.--
1226
(1) It is not unlawful for Any person may to provide
1227
information to a money services business, its transmitter,
1228
authorized agent, law enforcement agency, prosecutorial agency
1229
vendor, or appropriate regulator, or for any money services
1230
business, its transmitter, authorized agent, law enforcement
1231
agency, prosecutorial agency vendor, or appropriate regulator may
1232
to provide information to any person, information about any other
1233
person's known or suspected involvement in a violation of any
1234
state, federal, or foreign law, rule, or regulation relating to
1235
the business of a money services business or deferred present
1236
provider transmitter which has been reported to state, federal,
1237
or foreign authorities, and is not.
1238
(2) No person shall be liable in any civil action for
1239
providing such information.
1240
Section 18. Section 560.125, Florida Statutes, is amended
1241
to read:
1242
560.125 Unlicensed activity Money transmitter business by
1243
unauthorized persons; penalties.--
1244
(1) A person other than a registered money transmitter or
1245
authorized vendor may not engage in the business of a money
1246
services business or deferred presentment provider transmitter in
1247
this state unless the person is licensed or exempted from
1248
licensure under this chapter from the registration requirements
1249
of the code.
1250
(2) Only a money services business licensed under part II
1251
of this chapter may appoint an authorized agent. No person shall
1252
act as a vendor of a money transmitter when such money
1253
transmitter is subject to registration under the code but has not
1254
registered. Any such person acting as the agent of an unlicensed
1255
money transmitter or payment instrument issuer becomes the
1256
principal thereof, and no longer merely acts as an agent a
1257
vendor, and such person is liable to the holder or remitter as a
1258
principal money transmitter or payment instrument seller.
1259
(3) Any person whose substantial interests are affected by
1260
a proceeding brought by the office pursuant to this chapter the
1261
code may, pursuant to s. 560.113, petition any court of competent
1262
jurisdiction to enjoin the person or activity that is the subject
1263
of the proceeding from violating any of the provisions of this
1264
section. For the purpose of this subsection, any money services
1265
business licensed under this chapter transmitter registered
1266
pursuant to the code, any person residing in this state, and any
1267
person whose principal place of business is in this state are
1268
presumed to be substantially affected. In addition, the interests
1269
of a trade organization or association are deemed substantially
1270
affected if the interests of any of its members are so affected.
1271
(4) The office may issue and serve upon any person who
1272
violates any of the provisions of this section a complaint
1273
seeking a cease and desist order or impose an administrative fine
1274
as provided in s. 560.114 in accordance with the procedures and
1275
in the manner prescribed by s. 560.112. The office may also
1276
impose an administrative fine pursuant to s. 560.117(3) against
1277
any person who violates any of the provisions of this section.
1278
(5) A person who violates this section, if the violation
1279
involves:
1280
(a) Currency or payment instruments exceeding $300 but less
1281
than $20,000 in any 12-month period, commits a felony of the
1283
or s. 775.084.
1284
(b) Currency or payment instruments totaling or exceeding
1285
$20,000 but less than $100,000 in any 12-month period, commits a
1286
felony of the second degree, punishable as provided in s.
1288
(c) Currency or payment instruments totaling or exceeding
1289
$100,000 in any 12-month period, commits a felony of the first
1291
1292
(6) In addition to the penalties authorized by s. 775.082,
1294
entered a plea of found guilty of or who has pleaded guilty or
1295
nolo contendere, to having violated this section may be sentenced
1296
to pay a fine of up to not exceeding $250,000 or twice the value
1297
of the currency or payment instruments, whichever is greater,
1298
except that on a second or subsequent violation of this section,
1299
the fine may be up to $500,000 or quintuple the value of the
1300
currency or payment instruments, whichever is greater.
1301
(7) A person who violates this section is also liable for a
1302
civil penalty of not more than the value of the currency or
1303
payment instruments involved or $25,000, whichever is greater.
1304
(8) In any prosecution brought pursuant to this section,
1305
the common law corpus delicti rule does not apply. The
1306
defendant's confession or admission is admissible during trial
1307
without the state having to prove the corpus delicti if the court
1308
finds in a hearing conducted outside the presence of the jury
1309
that the defendant's confession or admission is trustworthy.
1310
Before the court admits the defendant's confession or admission,
1311
the state must prove by a preponderance of the evidence that
1312
there is sufficient corroborating evidence that tends to
1313
establish the trustworthiness of the statement by the defendant.
1314
Hearsay evidence is admissible during the presentation of
1315
evidence at the hearing. In making its determination, the court
1316
may consider all relevant corroborating evidence, including the
1317
defendant's statements.
1318
Section 19. Section 560.126, Florida Statutes, is amended
1319
to read:
1320
560.126 Significant events; notice Required notice by
1321
licensee.--
1322
(1) A licensee Unless exempted by the office, every money
1323
transmitter must provide the office with a written notice sent by
1324
registered mail within 30 days after the occurrence or knowledge
1325
of, whichever period of time is greater, any of the following
1326
events:
1327
(a) The filing of a petition under the United States
1328
Bankruptcy Code for bankruptcy or reorganization by the licensee
1329
money transmitter.
1330
(b) The commencement of an administrative or judicial
1331
license any registration suspension or revocation proceeding,
1332
either administrative or judicial, or the denial of a license any
1333
original registration request or a registration renewal, by any
1334
state, the District of Columbia, any United States territory, or
1335
any foreign country, in which the licensee money transmitter
1336
operates, or plans to operate, or is licensed or has registered
1337
to operate.
1338
(c) A felony indictment relating to a the money services
1339
transmission business or deferred presentment provider involving
1340
the licensee, its authorized agent, or an affiliated money
1341
transmitter or a money transmitter-affiliated party of the money
1342
transmitter.
1343
(d) The felony conviction, guilty plea, or plea of nolo
1344
contendere, regardless of adjudication, of the licensee, its
1345
authorized agent, or an affiliated if the court adjudicates the
1346
nolo contendere pleader guilty, or the adjudication of guilt of a
1347
money transmitter or money transmitter-affiliated party.
1348
(e) The interruption of any corporate surety bond required
1349
under this chapter by the code.
1350
(f) Any suspected criminal act, as defined by the
1351
commission by rule, perpetrated in this state relating to
1352
activities regulated under this chapter by an affiliated party
1353
against a money services business or its authorized agent
1354
transmitter or authorized vendor.
1355
(g) Notification by a law enforcement or prosecutorial
1356
agency that the licensee or its authorized agent is under
1357
criminal investigation including, but not limited to, subpoenas
1358
to produce records or testimony and warrants issued by a court of
1359
competent jurisdiction which authorize the search and seizure of
1360
any records relating to a business activity regulated under this
1361
chapter.
1362
1363
However, a person does not incur liability as a result of making
1364
a good faith effort to fulfill this disclosure requirement.
1365
(2)(a) A licensee must Each registrant under this code
1366
shall report, on a form adopted prescribed by rule of the
1367
commission, any change in the information contained in an any
1368
initial license application form, or any amendment to such
1369
application, or the appointment of an authorized agent within
1370
thereto not later than 30 days after the change is effective.
1371
(3)(b) Each licensee must registrant under the code shall
1372
report any change changes in the partners, officers, members,
1373
joint venturers, directors, controlling shareholders, or
1374
responsible persons of the licensee any registrant or changes in
1375
the form of business organization by written amendment in such
1376
form and at such time as specified the commission specifies by
1377
rule.
1378
(a)1. If In any case in which a person or a group of
1379
persons, directly or indirectly or acting by or through one or
1380
more persons, proposes to purchase or acquire a controlling
1381
interest in a licensee, such person or group must submit an
1382
initial application for licensure registration as a money
1383
services business or deferred presentment provider transmitter
1384
before such purchase or acquisition at such time and in such form
1385
as prescribed the commission prescribes by rule.
1386
2. As used in this subsection, the term "controlling
1387
interest" means the same as described in s. 560.127 possession of
1388
the power to direct or cause the direction of the management or
1389
policies of a company whether through ownership of securities, by
1390
contract, or otherwise. Any person who directly or indirectly has
1391
the right to vote 25 percent or more of the voting securities of
1392
a company or is entitled to 25 percent or more of its profits is
1393
presumed to possess a controlling interest.
1394
(b)3. The Any addition of a partner, officer, member, joint
1395
venturer, director, controlling shareholder, or responsible
1396
person of the applicant who does not have a controlling interest
1397
and who has not previously complied with the applicable
1399
shall be subject to such provisions unless required to file an
1400
initial application in accordance with subparagraph 1. If the
1401
office determines that the licensee registrant does not continue
1402
to meet the licensure registration requirements, the office may
1403
bring an administrative action in accordance with s. 560.114 to
1404
enforce the provisions of this chapter code.
1405
(c)4. The commission shall adopt rules pursuant to ss.
1407
application required by this subsection if the person or group of
1408
persons proposing to purchase or acquire a controlling interest
1409
in a licensee registrant has previously complied with the
1410
applicable provisions of ss. 560.140 and 560.141 under ss.
1412
licensed registered with the office under this chapter code.
1413
Section 20. Section 560.127, Florida Statutes, is amended
1414
to read:
1415
560.127 Control of a money services business
1416
transmitter.--A person has a controlling interest in control over
1417
a money services business transmitter if the person:
1418
(1) the individual, partnership, corporation, trust, or
1419
other organization possesses the power, directly or indirectly,
1420
to direct the management or policies of the money services
1421
business a company, whether through ownership of securities, by
1422
contract, or otherwise. A person is presumed to have control a
1423
company if the, with respect to a particular company, that
1424
person:
1425
(1)(a) Is a director, general partner, or officer
1426
exercising executive responsibility or having similar status or
1427
functions;
1428
(2)(b) Directly or indirectly may vote 25 percent or more
1429
of a class of a voting security or sell or direct the sale of 25
1430
percent or more of a class of voting securities; or
1431
(3)(c) In the case of a partnership, may receive upon
1432
dissolution or has contributed 25 percent or more of the capital.
1433
(2) The office determines, after notice and opportunity for
1434
hearing, that the person directly or indirectly exercises a
1435
controlling influence over the activities of the money
1436
transmitter.
1437
Section 21. Section 560.128, Florida Statutes, is amended
1438
to read:
1439
560.128 Customer contacts; license display Consumer
1440
disclosure.--
1441
(1) A money services business or its authorized agent must
1442
provide each customer with Every money transmitter and authorized
1443
vendor shall provide each consumer of a money transmitter
1444
transaction a toll-free telephone number for the purpose of
1445
contacting the money services business or its authorized agent
1446
or, consumer contacts; However, in lieu of a such toll-free
1447
telephone number, the money transmitter or authorized vendor may
1448
provide the address and telephone number of the office may be
1449
provided and the Division of Consumer Services of the Department
1450
of Financial Services.
1451
(2) The commission may by rule require a licensee every
1452
money transmitter to display its license registration at each
1453
location, including the location of each person designated by the
1454
registrant as an authorized vendor, where the licensee the money
1455
transmitter engages in the activities authorized by the license
1456
registration.
1457
Section 22. Section 560.129, Florida Statutes, is amended
1458
to read:
1459
560.129 Confidentiality.--
1460
(1)(a) Except as otherwise provided in this section, all
1461
information concerning an investigation or examination conducted
1462
by the office pursuant to this chapter, including any customer
1463
consumer complaint received by the office, the commission, or the
1464
Department of Financial Services, is confidential and exempt from
1465
s. 119.07(1) and s. 24(a), Art. I of the State Constitution until
1466
the investigation or examination ceases to be active. For
1467
purposes of this section, an investigation or examination is
1468
considered "active" so long as the office or any other
1469
administrative, regulatory, or law enforcement agency of any
1470
jurisdiction is proceeding with reasonable dispatch and has a
1471
reasonable good faith belief that action may be initiated by the
1472
office or other administrative, regulatory, or law enforcement
1473
agency.
1474
(2)(b) Notwithstanding paragraph (a), All information
1475
obtained by the office in the course of its investigation or
1476
examination which is a trade secret, as defined in s. 688.002, or
1477
which is personal financial information shall remain confidential
1478
and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
1479
Constitution. If any administrative, civil, or criminal
1480
proceeding against a the money services business, its authorized
1481
agent, transmitter or an affiliated a money transmitter-
1482
affiliated party is initiated and the office seeks to use matter
1483
that a licensee registrant believes to be a trade secret or
1484
personal financial information, such records shall be subject to
1485
an in camera review by the administrative law judge, if the
1486
matter is before the Division of Administrative Hearings, or a
1487
judge of any court of this state, any other state, or the United
1488
States, as appropriate, for the purpose of determining if the
1489
matter is a trade secret or is personal financial information. If
1490
it is determined that the matter is a trade secret, the matter
1491
shall remain confidential. If it is determined that the matter is
1492
personal financial information, the matter shall remain
1493
confidential unless the administrative law judge or judge
1494
determines that, in the interests of justice, the matter should
1495
become public.
1496
(3)(c) If an any administrative, civil, or criminal
1497
proceeding against a the money services business, its authorized
1498
agent, transmitter or an affiliated a money transmitter-
1499
affiliated party results in an acquittal or the dismissal of all
1500
of the allegations against the money transmitter or a money
1501
transmitter-affiliated party, upon the request of any party, the
1502
administrative law judge or the judge may order all or a portion
1503
of the record of the proceeding to be sealed, and it shall
1504
thereafter be confidential and exempt from s. 119.07(1) and s.
1505
24(a), Art. I of the State Constitution.
1506
(4)(d) Except as necessary for the office or any other
1507
administrative, regulatory, or law enforcement agency of any
1508
jurisdiction to enforce the provisions of this chapter or the law
1509
of any other state or the United States, a consumer complaint and
1510
other information concerning an investigation or examination
1511
shall remain confidential and exempt from s. 119.07(1) and s.
1512
24(a), Art. I of the State Constitution after the investigation
1513
or examination ceases to be active to the extent that disclosure
1514
would:
1515
(a)1. Jeopardize the integrity of another active
1516
investigation;
1517
(b)2. Reveal personal financial information;
1518
(c)3. Reveal the identity of a confidential source; or
1519
(d)4. Reveal investigative techniques or procedures.
1520
(5)(2) This section does not prevent or restrict:
1521
(a) Furnishing records or information to any appropriate
1522
regulatory, prosecutorial, agency or law enforcement agency if
1523
such agency adheres to the confidentiality provisions of this
1524
chapter the code;
1525
(b) Furnishing records or information to an appropriate
1526
regulator or independent third party or a certified public
1527
accountant who has been approved by the office to conduct an
1529
independent third party or certified public accountant adheres to
1530
the confidentiality provisions of this chapter the code; or
1531
(c) Reporting any suspicious suspected criminal activity,
1532
with supporting documents and information, to appropriate
1533
regulatory, law enforcement, or prosecutorial agencies.
1534
(6)(3) All quarterly reports submitted by a money
1536
are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
1537
I of the State Constitution.
1538
(4) Examination reports, investigatory records,
1539
applications, and related information compiled by the office, or
1540
photographic copies thereof, shall be retained by the office for
1541
a period of at least 3 years following the date that the
1542
examination or investigation ceases to be active. Application
1543
records, and related information compiled by the office, or
1544
photographic copies thereof, shall be retained by the office for
1545
a period of at least 2 years following the date that the
1546
registration ceases to be active.
1547
(7)(5) Any person who willfully discloses information made
1548
confidential by this section commits a felony of the third
1550
Section 23. Section 560.140, Florida Statutes, is created
1551
to read:
1552
560.140 Licensing standards.--To qualify for licensure as a
1553
money services business under this chapter, an applicant must:
1554
(1) Demonstrate to the office the character and general
1555
fitness necessary to command the confidence of the public and
1556
warrant the belief that the money services business or deferred
1557
presentment provider shall be operated lawfully and fairly.
1558
(2) Be legally authorized to do business in this state.
1559
(3) Be registered as a money services business with the
1560
Financial Crimes Enforcement Network as required by 31 C.F.R. s.
1561
103.41, if applicable.
1562
(4) Have an anti-money laundering program in place which
1563
meets the requirements of 31 C.F.R. s. 103.125.
1564
(5) Provide the office with all the information required
1565
under this chapter and related rules.
1566
Section 24. Section 560.141, Florida Statutes, is created
1567
to read:
1568
560.141 License application.--
1569
(1) To apply for a license as a money services business
1570
under this chapter the applicant must:
1571
(a) Submit an application to the office on forms prescribed
1572
by rule which includes the following information:
1573
1. The legal name and address of the applicant, including
1574
any fictitious or trade names used by the applicant in the
1575
conduct of its business.
1576
2. The date of the applicant's formation and the state in
1577
which the applicant was formed, if applicable.
1578
3. The name, social security number, alien identification
1579
or taxpayer identification number, business and residence
1580
addresses, and employment history for the past 5 years for each
1581
officer, director, responsible person, the compliance officer,
1582
each controlling shareholder, any other person who has a
1583
controlling interest in the money services business as provided
1584
in s. 560.127.
1585
4. A description of the organizational structure of the
1586
applicant, including the identity of any parent or subsidiary of
1587
the applicant, and the disclosure of whether any parent or
1588
subsidiary is publicly traded.
1589
5. The applicant's history of operations in other states if
1590
applicable and a description of the money services business or
1591
deferred presentment provider activities proposed to be conducted
1592
by the applicant in this state.
1593
6. If the applicant or its parent is a publicly traded
1594
company, copies of all filings made by the applicant with the
1595
United States Securities and Exchange Commission, or with a
1596
similar regulator in a country other than the United States,
1597
within the preceding year.
1598
7. The location at which the applicant proposes to
1599
establish its principal place of business and any other location,
1600
including branch offices and authorized agents operating in this
1601
state. For each branch office identified and each authorized
1602
agent appointed, the applicant shall include the nonrefundable
1603
fee required by s. 560.143.
1604
8. The name and address of the clearing financial
1605
institution or financial institutions through which the
1606
applicant's payment instruments are drawn or through which the
1607
payment instruments are payable.
1608
8. The history of the applicant's material litigation,
1609
criminal convictions, pleas of nolo contendere, and cases of
1610
adjudication withheld.
1611
9. The history of material litigation, arrests, criminal
1612
convictions, pleas of nolo contendere, and cases of adjudication
1613
withheld for each executive officer, director, controlling
1614
shareholder, and responsible person.
1615
10. The name of the registered agent in this state for
1616
service of process unless the applicant is a sole proprietor.
1617
11. Any other information specified in this chapter or by
1618
rule.
1619
(b) In addition to the application form, submit:
1620
1. A nonrefundable application fee as provided in s.
1621
560.143.
1622
2. A fingerprint card for each of the persons listed in
1623
subparagraph (a)3. unless the applicant is a publicly traded
1624
corporation, or is exempted from this chapter under s.
1625
560.104(1). The fingerprints must be taken by an authorized law
1626
enforcement agency. The office shall submit the fingerprints to
1627
the Department of Law Enforcement for state processing and the
1628
Department of Law Enforcement shall forward the fingerprints to
1629
the Federal Bureau of Investigations for federal processing. The
1630
cost of the fingerprint processing may be borne by the office,
1631
the employer, or the person subject to the criminal records
1632
background check. The office shall screen the background results
1633
to determine if the applicant meets licensure requirements. As
1634
used in this section, the term "publicly traded" means a stock is
1635
currently traded on a national securities exchange registered
1636
with the federal Securities and Exchange Commission or traded on
1637
an exchange in a country other than the United States regulated
1638
by a regulator equivalent to the Securities and Exchange
1639
Commission and the disclosure and reporting requirements of such
1640
regulator are substantially similar to those of the commission.
1641
3. A copy of the applicant's written anti-money laundering
1642
program required under 31 C.F.R. s. 103.125.
1643
4. Within the time allotted by rule, any information needed
1644
to resolve any deficiencies found in the application.
1645
(2) If the office determines that the applicant meets the
1646
qualifications and requirements of this chapter, the office shall
1647
issue a license to the applicant. A license may not be issued for
1648
more than 2 years.
1649
(a) A license issued under part II of this chapter shall
1650
expire on April 30 of the second year following the date of
1651
issuance of the license unless during such period the license is
1652
surrendered, suspended, or revoked.
1653
(b) A license issued under part III of this chapter shall
1654
expire on December 31 of the second year following the date of
1655
issuance of the license unless during such period the license is
1656
surrendered, suspended, or revoked.
1657
Section 25. Section 560.142, Florida Statutes, is created
1658
to read:
1659
560.142 License renewal.--
1660
(1) A license may be renewed for a subsequent 2-year period
1661
by furnishing such application as required by rule, together with
1662
the payment of a nonrefundable renewal fee as provided under s.
1663
560.143, on or before the license expiration date, or for the
1664
remainder of any such period without proration following the date
1665
of license expiration.
1666
(2) In addition to the renewal fee, each part II licensee
1667
must pay a 2-year nonrefundable renewal fee as provided in s.
1668
560.143 for each authorized agent or location operating within
1669
this state.
1670
(3) A licensee who has on file with the office a
1671
declaration of intent to engage in deferred presentment
1672
transactions may renew a declaration upon license renewal by
1673
submitting a nonrefundable deferred presentment provider renewal
1674
fee as provided in s. 560.143.
1675
(4) If a license or declaration of intent to engage in
1676
deferred presentment transactions expires, the license or
1677
declaration of intent may be reinstated only if a renewal
1678
application or declaration of intent, all required renewal fees,
1679
and any applicable late fees are received by the office within 60
1680
days after expiration. If not submitted within 60 days, the
1681
license or declaration on intent expires and a new license
1682
application or declaration of intent must be filed with the
1683
office pursuant to this chapter.
1684
(5) The commission may adopt rules to administer this
1685
section.
1686
Section 26. Section 560.143, Florida Statutes, is created
1687
to read:
1688
560.143 Fees.--
1689
(1) License Application Fees.--The applicable non-
1690
refundable fees must accompany an application for licensure:
1691
(a) Under part II $500.
1692
(b) Part III $250.
1693
(c) Per branch office $50.
1694
(d) For each appointment of an authorized agent $50.
1695
(e) Declaration as a deferred presentment provider $1,000.
1696
(f) Fingerprint fees as prescribed by rule.
1697
(2) License Renewal FeeS.--The applicable non-refundable
1698
license renewal fees must accompany a renewal of licensure:
1699
(a) Part II 1,000.
1700
(b) Part III $500.
1701
(c) Per branch office $50.
1702
(d) For each appointment of an authorized agents $50.
1703
(e) Declaration as a deferred presentment provider $1,000.
1704
(f) Renewal fees for branch offices and authorized agents
1705
are limited to $20,000 biennially.
1706
(3) late license renewal feeS.--
1707
(a) Part II $500.
1708
(b) Part III $250.
1709
(c) Declaration as a deferred presentment provider $500.
1710
Section 27. Section 560.203, Florida Statutes, is amended
1711
to read:
1712
560.203 Exemptions from licensure.--Authorized agents
1713
vendors of a licensee registrant acting within the scope of
1714
authority conferred by the licensee are registrant shall be
1715
exempt from licensure but are having to register pursuant to the
1716
code but shall otherwise be subject to the its provisions of this
1717
chapter.
1718
Section 28. Section 560.204, Florida Statutes, is amended
1719
to read:
1720
560.204 License required Requirement of registration.--
1721
(1) Unless exempted, a No person may not shall engage in
1722
for consideration, or nor in any manner advertise that they
1723
engage, in, the selling or issuing of payment instruments or in
1724
the activity of a money funds transmitter, for compensation,
1725
without first obtaining a license registration under the
1726
provisions of this part. For purposes of this section,
1727
"compensation" includes profit or loss on the exchange of
1728
currency.
1729
(2) A licensee under this part person registered pursuant
1730
to this part is permitted to engage in the activities authorized
1731
by this part. A person registered pursuant to this part may also
1732
engage in the activities authorized under part III of this
1733
chapter without the imposition of any additional licensing fees
1734
and is exempt from the registration fee required by s. 560.307.
1735
Section 29. Section 560.205, Florida Statutes, is amended
1736
to read:
1737
560.205 Additional license application requirements
1738
Qualifications of applicant for registration; contents.--In
1739
addition to the license application requirements under part I of
1740
this chapter, an applicant seeking a license under this part must
1741
also submit to the office:
1742
(1) A sample authorized agent contract, if applicable.
1743
(2) A sample form of payment instrument, if applicable.
1744
(3) Documents demonstrating that the net worth and bonding
1745
requirements specified in s. 560.209 have been fulfilled.
1746
(4) A copy of the applicant's financial audit report for
1747
the most recent fiscal year.
1748
(1) To qualify for registration under this part, an
1749
applicant must demonstrate to the office such character and
1750
general fitness as to command the confidence of the public and
1751
warrant the belief that the registered business will be operated
1752
lawfully and fairly. The office may investigate each applicant to
1753
ascertain whether the qualifications and requirements prescribed
1754
by this part have been met. The office's investigation may
1755
include a criminal background investigation of all controlling
1756
shareholders, principals, officers, directors, members, and
1757
responsible persons of a funds transmitter and a payment
1758
instrument seller and all persons designated by a funds
1759
transmitter or payment instrument seller as an authorized vendor.
1760
Each controlling shareholder, principal, officer, director,
1761
member, and responsible person of a funds transmitter or payment
1762
instrument seller, unless the applicant is a publicly traded
1763
corporation as defined by the commission by rule, a subsidiary
1764
thereof, or a subsidiary of a bank or bank holding company
1765
organized and regulated under the laws of any state or the United
1766
States, shall file a complete set of fingerprints. A fingerprint
1767
card submitted to the office must be taken by an authorized law
1768
enforcement agency. The office shall submit the fingerprints to
1769
the Department of Law Enforcement for state processing, and the
1770
Department of Law Enforcement shall forward the fingerprints to
1771
the Federal Bureau of Investigation for state and federal
1772
processing. The cost of the fingerprint processing may be borne
1773
by the office, the employer, or the person subject to the
1774
background check. The Department of Law Enforcement shall submit
1775
an invoice to the office for the fingerprints received each
1776
month. The office shall screen the background results to
1777
determine if the applicant meets licensure requirements. The
1778
commission may waive by rule the requirement that applicants file
1779
a set of fingerprints or the requirement that such fingerprints
1780
be processed by the Department of Law Enforcement or the Federal
1781
Bureau of Investigation.
1782
(2) Each application for registration must be submitted
1783
under oath to the office on such forms as the commission
1784
prescribes by rule and must be accompanied by a nonrefundable
1785
application fee. Such fee may not exceed $500 for each payment
1786
instrument seller or funds transmitter and $50 for each
1787
authorized vendor or location operating within this state. The
1788
application must contain such information as the commission
1789
requires by rule, including, but not limited to:
1790
(a) The name and address of the applicant, including any
1791
fictitious or trade names used by the applicant in the conduct of
1792
its business.
1793
(b) The history of the applicant's material litigation,
1794
criminal convictions, pleas of nolo contendere, and cases of
1795
adjudication withheld.
1796
(c) A description of the activities conducted by the
1797
applicant, the applicant's history of operations, and the
1798
business activities in which the applicant seeks to engage in
1799
this state.
1800
(d) A sample authorized vendor contract, if applicable.
1801
(e) A sample form of payment instrument, if applicable.
1802
(f) The name and address of the clearing financial
1803
institution or financial institutions through which the
1804
applicant's payment instruments will be drawn or through which
1805
such payment instruments will be payable.
1806
(g) Documents revealing that the net worth and bonding
1807
requirements specified in s. 560.209 have been or will be
1808
fulfilled.
1809
(3) Each application for registration by an applicant that
1810
is a corporation shall contain such information as the commission
1811
requires by rule, including, but not limited to:
1812
(a) The date of the applicant's incorporation and state of
1813
incorporation.
1814
(b) A certificate of good standing from the state or
1815
country in which the applicant was incorporated.
1816
(c) A description of the corporate structure of the
1817
applicant, including the identity of any parent or subsidiary of
1818
the applicant, and the disclosure of whether any parent or
1819
subsidiary is publicly traded on any stock exchange.
1820
(d) The name, social security number, business and
1821
residence addresses, and employment history for the past 5 years
1822
for each executive officer, each director, each controlling
1823
shareholder, and the responsible person who will be in charge of
1824
all the applicant's business activities in this state.
1825
(e) The history of material litigation and criminal
1826
convictions, pleas of nolo contendere, and cases of adjudication
1827
withheld for each officer, each director, each controlling
1828
shareholder, and the responsible person who will be in charge of
1829
the applicant's registered activities.
1830
(f) Copies of the applicant's audited financial statements
1831
for the current year and, if available, for the immediately
1832
preceding 2-year period. In cases where the applicant is a wholly
1833
owned subsidiary of another corporation, the parent's
1834
consolidated audited financial statements may be submitted to
1835
satisfy this requirement. An applicant who is not required to
1836
file audited financial statements may satisfy this requirement by
1837
filing unaudited financial statements verified under penalty of
1838
perjury, as provided by the commission by rule.
1839
(g) An applicant who is not required to file audited
1840
financial statements may file copies of the applicant's
1841
unconsolidated, unaudited financial statements for the current
1842
year and, if available, for the immediately preceding 2-year
1843
period.
1844
(h) If the applicant is a publicly traded company, copies
1845
of all filings made by the applicant with the United States
1846
Securities and Exchange Commission, or with a similar regulator
1847
in a country other than the United States, within the year
1848
preceding the date of filing of the application.
1849
(4) Each application for registration submitted to the
1850
office by an applicant that is not a corporation shall contain
1851
such information as the commission requires by rule, including,
1852
but not limited to:
1853
(a) Evidence that the applicant is registered to do
1854
business in this state.
1855
(b) The name, business and residence addresses, personal
1856
financial statement and employment history for the past 5 years
1857
for each individual having a controlling ownership interest in
1858
the applicant, and each responsible person who will be in charge
1859
of the applicant's registered activities.
1860
(c) The history of material litigation and criminal
1861
convictions, pleas of nolo contendere, and cases of adjudication
1862
withheld for each individual having a controlling ownership
1863
interest in the applicant and each responsible person who will be
1864
in charge of the applicant's registered activities.
1865
(d) Copies of the applicant's audited financial statements
1866
for the current year, and, if available, for the preceding 2
1867
years. An applicant who is not required to file audited financial
1868
statements may satisfy this requirement by filing unaudited
1869
financial statements verified under penalty of perjury, as
1870
provided by the commission by rule.
1871
(5) Each applicant shall designate and maintain an agent in
1872
this state for service of process.
1873
Section 30. Effective January 1, 2009, section 560.208,
1874
Florida Statutes, is amended to read:
1875
560.208 Conduct of business.--In addition to the
1876
requirements specified in s. 560.140, a licensee under this part:
1877
(1) A registrant May conduct its business at one or more
1878
locations within this state through branches or by means of
1879
authorized agents vendors, as designated by the licensee and
1880
approved by the office registrant, including the conduct of
1881
business through electronic transfer, such as by the telephone or
1882
the Internet.
1883
(2) Notwithstanding and without violating s. 501.0117, a
1884
registrant may charge a different price for a money transmitter
1885
funds transmission service based on the mode of transmission used
1886
in the transaction as, so long as the price charged for a service
1887
paid for with a credit card is not more greater than the price
1888
charged when the that service is paid for with currency or other
1889
similar means accepted within the same mode of transmission.
1890
(3) Is responsible for the acts of its authorized agents
1891
within the scope of its written contract with the agent.
1892
(4) Shall place assets that are the property of a customer
1893
in a segregated account in a federally insured financial
1894
institution and shall maintain separate accounts for operating
1895
capital and the clearing of customer funds.
1896
(5) Shall, in the normal course of business, ensure that
1897
money transmitted is available to the designated recipient within
1898
10 business days after receipt.
1899
(6) Shall immediately upon receipt of currency or payment
1900
instrument provide a confirmation number to the customer
1901
verbally, by paper, or electronically.
1902
(2) Within 60 days after the date a registrant either opens
1903
a location within this state or authorizes an authorized vendor
1904
to operate on the registrant's behalf within this state, the
1905
registrant shall notify the office on a form prescribed by the
1906
commission by rule. The notification shall be accompanied by a
1907
nonrefundable $50 fee for each authorized vendor or location.
1908
Each notification shall also be accompanied by a financial
1909
statement demonstrating compliance with s. 560.209(1), unless
1910
compliance has been demonstrated by a financial statement filed
1911
with the registrant's quarterly report in compliance with s.
1912
560.118(2). The financial statement must be dated within 90 days
1913
of the date of designation of the authorized vendor or location.
1914
This subsection shall not apply to any authorized vendor or
1915
location that has been designated by the registrant before
1916
October 1, 2001.
1917
(3) Within 60 days after the date a registrant closes a
1918
location within this state or withdraws authorization for an
1919
authorized vendor to operate on the registrant's behalf within
1920
this state, the registrant shall notify the office on a form
1921
prescribed by the commission by rule.
1922
Section 31. Effective January 1, 2009, section 560.2085,
1923
Florida Statutes, is created to read:
1924
560.2085 Authorized agents.--A licensee under this part
1925
shall:
1926
(1) Before an authorized agent commences business on behalf
1927
of a licensee, file with the office such information as
1928
prescribed by rule together with the nonrefundable appointment
1929
fee as provided by s. 560.143, for any person whom the licensee
1930
seeks to appoint as an authorized agent together.
1931
(2) Enter into a written contract, signed by the licensee
1932
and the authorized agent, which:
1933
(a) Sets forth the nature and scope of the relationship
1934
between the licensee and the authorized agent, including the
1935
respective rights and responsibilities of the parties; and
1936
(b) Includes contract provisions that require the
1937
authorized agent to:
1938
1. Report to the licensee, immediately upon discovery, the
1939
theft or loss of currency received for a transmission or payment
1940
instrument;
1941
2. Display a notice to the public, in such form as
1942
prescribed by rule, that the agent is the authorized agent of
1943
licensee;
1944
3. Remit all amounts owed to the licensee for all
1945
transmissions accepted and all payment instruments sold in
1946
accordance with the contract between the licensee and the
1947
authorized agent;
1948
4. Hold in trust, in favor of the licensee, all money
1949
received for all transmissions accepted or payment instruments
1950
sold from the time of receipt by the authorized agent until the
1951
time the money is forwarded to the licensee;
1952
5. Not commingle the money received for transmissions
1953
accepted or payment instruments sold on behalf of the licensee
1954
with the money or property of the authorized agent, except for
1955
making change in the ordinary course of the agent's business, and
1956
ensure that the money is accounted for at the end of the business
1957
day;
1958
6. Consent to examination or investigation by the office;
1959
7. Adhere to the applicable state and federal laws and
1960
rules pertaining to a money services business; and
1961
8. Provide such other information or disclosure as may be
1962
required by rule.
1963
(3) Develop and implement written internal audit policies
1964
and procedures to monitor compliance with applicable state and
1965
federal law by its authorized agents.
1966
(4) Hold in trust all currency or payment instruments
1967
received for transmissions or for the purchase of payment
1968
instruments from the time of receipt by the licensee or
1969
authorized agent until the time the transmission obligation is
1970
completed.
1971
Section 32. Section 560.209, Florida Statutes, is amended
1972
to read:
1973
560.209 Adjusted net worth; corporate surety bond;
1974
collateral deposit in lieu of bond.--
1975
(1) A licensee must Any person engaging in a registered
1976
activity shall have an adjusted a net worth of at least $100,000
1977
computed according to generally accepted accounting principles. A
1978
licensee operating in Applicants proposing to conduct registered
1979
activities at more than one location must shall have an
1980
additional adjusted net worth of $10,000 $50,000 per location in
1981
this state, up as applicable, to a maximum of $2 million
1982
$500,000. The required adjusted net worth must be maintained at
1983
all times.
1984
(2) A licensee must obtain an annual financial audit
1985
report, which must be submitted to the office within 120 days
1986
after the end of the licensee's fiscal year end, as disclosed to
1987
the office.
1988
(3)(2) Before the office may issue a license under this
1989
part registration, the applicant must provide to the office a
1990
corporate surety bond, issued by a bonding company or insurance
1991
company authorized to do business in this state.
1992
(a) The corporate surety bond shall be in an such amount as
1993
specified may be determined by commission rule, but may shall not
1994
be less than $50,000 or exceed $2 million $250,000. The rule
1995
shall provide allowances for the financial condition, number of
1996
locations, and anticipated volume of the licensee. However, the
1997
commission and office may consider extraordinary circumstances,
1998
such as the registrant's financial condition, the number of
1999
locations, and the existing or anticipated volume of outstanding
2000
payment instruments or funds transmitted, and require an
2001
additional amount above $250,000, up to $500,000.
2002
(b) The corporate surety bond must shall be in a form
2003
satisfactory to the office and shall run to the state for the
2004
benefit of any claimants in this state against the applicant or
2005
its authorized agents vendors to secure the faithful performance
2006
of the obligations of the applicant and its agents authorized
2007
vendors with respect to the receipt, handling, transmission, and
2008
payment of funds. The aggregate liability of the corporate surety
2009
bond may not in no event shall exceed the principal sum of the
2010
bond. Such Claimants against the applicant or its authorized
2011
agent vendors may themselves bring suit directly on the corporate
2012
surety bond, or the Department of Legal Affairs may bring suit
2013
thereon on behalf of the such claimants, in either one action or
2014
in successive actions.
2015
(c) The A corporate surety bond filed with the office for
2016
purposes of compliance with this section may not be canceled by
2017
either the licensee registrant or the corporate surety except
2018
upon written notice to the office by registered or certified mail
2019
with return receipt requested. A cancellation may shall not take
2020
effect until less than 30 days after receipt by the office of the
2021
such written notice.
2022
(d) The corporate surety must, within 10 days after it pays
2023
any claim to any claimant, give written notice to the office by
2024
registered or certified mail of such payment with details
2025
sufficient to identify the claimant and the claim or judgment so
2026
paid.
2027
(e) If Whenever the principal sum of the such bond is
2028
reduced by one or more recoveries or payments, the licensee
2029
registrant must furnish a new or additional bond so that the
2030
total or aggregate principal sum of the such bond equals the sum
2031
required pursuant to paragraph (a) by the commission.
2032
Alternatively, a licensee registrant may furnish an endorsement
2033
executed by the corporate surety reinstating the bond to the
2034
required principal sum thereof.
2035
(4)(3) In lieu of a such corporate surety bond, or of any
2036
portion of the principal sum thereof required by this section,
2037
the applicant may deposit collateral cash, securities, or
2038
alternative security devices as provided by rule approved by the
2039
commission, with a any federally insured financial institution.
2040
(a) Acceptable collateral deposit items in lieu of a bond
2041
include cash and interest-bearing stocks and bonds, notes,
2042
debentures, or other obligations of the United States or any
2043
agency or instrumentality thereof, or guaranteed by the United
2044
States, or of this state.
2045
(b) The collateral deposit must be in an aggregate amount,
2046
based upon principal amount or market value, whichever is lower,
2047
of at least not less than the amount of the required corporate
2048
surety bond or portion thereof.
2049
(c) Collateral deposits must made under this subsection
2050
shall be pledged to the office and held by the insured financial
2051
institution to secure the same obligations as would the corporate
2052
surety bond, but the depositor is entitled to receive any all
2053
interest and dividends thereon and may, with the approval of the
2054
office, substitute other securities or deposits for those
2055
deposited. The principal amount of the deposit shall be released
2056
only on written authorization of the office or on the order of a
2057
court of competent jurisdiction.
2058
(5)(4) A licensee registrant must at all times have and
2059
maintain the bond or collateral deposit in the required amount
2060
prescribed by the commission. If the office at any time
2061
reasonably determines that the bond or elements of the collateral
2062
deposit are insecure, deficient in amount, or exhausted in whole
2063
or in part, the office may, by written order, require the filing
2064
of a new or supplemental bond or the deposit of new or additional
2065
collateral deposit items.
2066
(6)(5) The bond and collateral deposit shall remain in
2067
place for 5 years after the licensee registrant ceases licensed
2068
registered operations in this state. The office may allow permit
2069
the bond or collateral deposit to be reduced or eliminated prior
2070
to that time to the extent that the amount of the licensee's
2071
registrant's outstanding payment instruments or money funds
2072
transmitted in this state are reduced. The office may also allow
2073
a licensee permit a registrant to substitute a letter of credit
2074
or such other form of acceptable security for the bond or
2075
collateral deposit at the time the licensee registrant ceases
2076
licensed money transmission operations in this state.
2077
(6) The office may waive or reduce a registrant's net worth
2078
or bond or collateral deposit requirement. Such waiver or
2079
modification must be requested by the applicant or registrant,
2080
and may be granted upon a showing by the applicant or registrant
2081
to the satisfaction of the office that:
2082
(a) The existing net worth, bond, or collateral deposit
2083
requirement is sufficiently in excess of the registrant's highest
2084
potential level of outstanding payment instruments or money
2085
transmissions in this state;
2086
(b) The direct and indirect cost of meeting the net worth,
2087
bond, or collateral deposit requirement will restrict the ability
2088
of the money transmitter to effectively serve the needs of its
2089
customers and the public; or
2090
(c) The direct and indirect cost of meeting the net worth,
2091
bond, or collateral requirement will not only have a negative
2092
impact on the money transmitter but will severely hinder the
2093
ability of the money transmitter to participate in and promote
2094
the economic progress and welfare of this state or the United
2095
States.
2096
Section 33. Section 560.210, Florida Statutes, is amended
2097
to read:
2098
560.210 Permissible investments.--
2099
(1) A licensee must registrant shall at all times possess
2100
permissible investments with an aggregate market value,
2101
calculated in accordance with United States generally accepted
2102
accounting principles, of at least not less than the aggregate
2103
face amount of all outstanding money funds transmissions and
2104
payment instruments issued or sold by the licensee registrant or
2105
an authorized agent vendor in the United States. As used in this
2106
section,
2107
(2) Acceptable permissible investments include:
2108
(a) Cash.
2109
(b) Certificates of deposit or other deposit liabilities of
2110
a domestic or foreign financial institution, either domestic or
2111
foreign.
2112
(c) Bankers' acceptances eligible for purchase by member
2113
banks of the Federal Reserve System.
2114
(d) An investment bearing a rating of one of the three
2115
highest grades as defined by a nationally recognized rating
2116
service of such securities.
2117
(e) Investment securities that are obligations of the
2118
United States, its agencies or instrumentalities, or obligations
2119
that are guaranteed fully as to principal and interest by the
2120
United States, or any obligations of any state or municipality,
2121
or any political subdivision thereof.
2122
(f) Shares in a money market mutual fund.
2123
(g) A demand borrowing agreement or agreements made to a
2124
corporation or a subsidiary of a corporation whose capital stock
2125
is listed on a national exchange.
2126
(h) Receivables that are due to a licensee registrant from
2127
the licensee's registrant's authorized agent vendors except those
2128
that are more than 90 30 days past due or are doubtful of
2129
collection.
2130
(i) Any other investment approved by rule the commission.
2131
(2)(3) Notwithstanding any other provision of this part,
2132
the office, with respect to any particular licensee registrant or
2133
all licensees registrants, may limit the extent to which any
2134
class of permissible investments may be considered a permissible
2135
investment, except for cash and certificates of deposit.
2136
(3)(4) The office may waive the permissible investments
2137
requirement if the dollar value of a licensee's registrant's
2138
outstanding payment instruments and money funds transmitted do
2139
not exceed the bond or collateral deposit posted by the licensee
2140
registrant under s. 560.209.
2141
Section 34. Section 560.211, Florida Statutes, is amended
2142
to read:
2143
560.211 Required records.--
2144
(1) In addition to the record retention requirements under
2145
s. 560.110, each licensee under this part Each registrant must
2146
make, keep, and preserve the following books, accounts, records,
2147
and documents other records for 5 a period of 3 years:
2148
(a) A daily record or records of payment instruments sold
2149
and money funds transmitted.
2150
(b) A general ledger containing all asset, liability,
2151
capital, income, and expense accounts, which general ledger shall
2152
be posted at least monthly.
2153
(c) Daily settlement sheets received from authorized agents
2154
vendors.
2155
(d) Monthly financial institution statements and
2156
reconciliation records.
2157
(e) Records of outstanding payment instruments and money
2158
funds transmitted.
2159
(f) Records of each payment instrument paid and money funds
2160
transmission delivered within the 3-year period.
2161
(g) A list of the names and addresses of all of the
2162
licensee's registrant's authorized agents vendors, as well as
2163
copies of each authorized vendor contract.
2164
(h) Records that document the establishment, monitoring,
2165
and termination of relationships with authorized agents and
2166
foreign affiliates.
2167
(i) Any additional records, as prescribed by rule, designed
2168
to detect and prevent money laundering.
2169
(2) The records required to be maintained by the code may
2170
be maintained by the registrant at any location if the registrant
2171
notifies the office in writing of the location of the records in
2172
its application or otherwise by amendment as prescribed by
2173
commission rule. The registrant shall make such records available
2174
to the office for examination and investigation in this state, as
2175
permitted by the code, within 7 days after receipt of a written
2176
request.
2177
(3) Registrants and authorized vendors need not preserve or
2178
retain any of the records required by this section or copies
2179
thereof for a period longer than 3 years unless a longer period
2180
is expressly required by the laws of this state or federal law. A
2181
registrant or authorized vendor may destroy any of its records or
2182
copies thereof after the expiration of the retention period
2183
required by this section.
2184
(4) The original of any record of a registrant or
2185
authorized vendor includes the data or other information
2186
comprising a record stored or transmitted in or by means of any
2187
electronic, computerized, mechanized, or other information
2188
storage or retrieval or transmission system or device which can
2189
upon request generate, regenerate, or transmit the precise data
2190
or other information comprising the record; and an original also
2191
includes the visible data or other information so generated,
2192
regenerated, or transmitted if it is legible or can be made
2193
legible by enlargement or other process.
2194
(2)(5) Any person who willfully fails to comply with this
2195
section commits a felony of the third degree, punishable as
2197
Section 35. Section 560.212, Florida Statutes, is amended
2198
to read:
2199
560.212 Financial liability.--A licensee Each registrant
2200
under this part is liable for the payment of all money funds
2201
transmitted and payment instruments that it sells, in whatever
2202
form and whether directly or through an authorized agent vendor,
2203
as the maker, drawer, or principal thereof, regardless of whether
2204
such item is negotiable or nonnegotiable.
2205
Section 36. Section 560.213, Florida Statutes, is amended
2206
to read:
2207
560.213 Payment instrument information.--Each payment
2208
instrument sold or issued by a licensee registrant, directly or
2209
through an authorized agent vendor, must shall bear the name of
2210
the licensee, and any other information as may be required by
2211
rule, registrant clearly imprinted thereon.
2212
Section 37. Section 560.303, Florida Statutes, is amended
2213
to read:
2214
560.303 License required Requirement of registration.--
2215
(1) A No person may not shall engage in, or in any manner
2216
advertise engagement in, the business of cashing payment
2217
instruments or the exchanging of foreign currency without being
2218
licensed first registering under the provisions of this part.
2219
(2) A person licensed under registered pursuant to this
2220
part may not engage in the activities authorized by this part. A
2221
person registered under this part is prohibited from engaging
2222
directly in the activities that require a license under are
2223
authorized under a registration issued pursuant to part II of
2224
this chapter, but may be such person is not prohibited from
2225
engaging in an authorized agent for vendor relationship with a
2226
person licensed registered under part II.
2227
(3) A person exempt from licensure under registration
2228
pursuant to this part engaging in the business of cashing payment
2229
instruments or the exchanging of foreign currency may shall not
2230
charge fees in excess of those provided in s. 560.309.
2231
Section 38. Section 560.304, Florida Statutes, is amended
2232
to read:
2233
560.304 Exemption from licensure Exceptions to
2234
registration.--The requirement for licensure under provisions of
2235
this part does do not apply to a person, at a location, cashing
2236
payment instruments that have an aggregate face value of less
2237
than $2,000 per person per day. The burden of establishing the
2238
right to the exemption is on the party claiming the exemption.:
2239
(1) Authorized vendors of any person registered pursuant to
2240
the provisions of the code, acting within the scope of authority
2241
conferred by the registrant.
2242
(2) Persons engaged in the cashing of payment instruments
2243
or the exchanging of foreign currency which is incidental to the
2244
retail sale of goods or services whose compensation for cashing
2245
payment instruments or exchanging foreign currency at each site
2246
does not exceed 5 percent of the total gross income from the
2247
retail sale of goods or services by such person during its most
2248
recently completed fiscal year.
2249
Section 39. Section 560.309, Florida Statutes, is amended
2250
to read:
2251
560.309 Conduct of business Rules.--
2252
(1) A licensee may transact business under this part only
2253
under the legal name under which the person is licensed. The use
2254
of a fictitious name is allowed if the fictitious name has been
2255
registered with the Department of State and disclosed to the
2256
office as part of an initial license application, or subsequent
2257
amendment to the application, prior to its use. Before a
2258
registrant shall deposit, with any financial institution, a
2259
payment instrument that is cashed by a registrant, each such item
2260
must be endorsed with the actual name under which such registrant
2261
is doing business.
2262
(2) At the time a licensee accepts a payment instrument
2263
that is cashed by the licensee, the payment instrument must be
2264
endorsed using the legal name under which the licensee is
2265
licensed. Registrants must comply with all the laws of this state
2266
and any federal laws relating to money laundering, including, as
2267
applicable, the provisions of s. 560.123.
2268
(3) A licensee under this part must deposit or sell payment
2269
instruments within 5 business days after the acceptance of the
2270
payment instrument.
2271
(4) A licensee may not accept or cash multiple payment
2272
instruments from a person who is not the original payee, unless
2273
the person is licensed to cash payment instruments pursuant to
2274
this part and all payment instruments accepted are endorsed with
2275
the legal name of the person.
2276
(5) A license must report all suspicious activity to the
2277
office in accordance with the criteria set forth in 31 C.F.R. s.
2278
103.20. In lieu of filing such reports, the commission may
2279
prescribe by rule that the licensee may file such reports with an
2280
appropriate regulator.
2281
(6)(3) The commission may by rule require a every check
2282
casher to display its license registration and post a notice
2283
listing containing its charges for cashing payment instruments.
2284
(7)(4) Exclusive of the direct costs of verification which
2285
shall be established by commission rule, a no check casher may
2286
not shall:
2287
(a) Charge fees, except as otherwise provided by this part,
2288
in excess of 5 percent of the face amount of the payment
2289
instrument, or 6 percent without the provision of identification,
2290
or $5, whichever is greater;
2291
(b) Charge fees in excess of 3 percent of the face amount
2292
of the payment instrument, or 4 percent without the provision of
2293
identification, or $5, whichever is greater, if such payment
2294
instrument is the payment of any kind of state public assistance
2295
or federal social security benefit payable to the bearer of the
2296
such payment instrument; or
2297
(c) Charge fees for personal checks or money orders in
2298
excess of 10 percent of the face amount of those payment
2299
instruments, or $5, whichever is greater.
2300
(d) As used in this subsection, "identification" means, and
2301
is limited to, an unexpired and otherwise valid driver license, a
2302
state identification card issued by any state of the United
2303
States or its territories or the District of Columbia, and
2304
showing a photograph and signature, a United States Government
2305
Resident Alien Identification Card, a United States passport, or
2306
a United States Military identification card.
2307
(8) A licensee cashing payment instruments may not assess
2308
the cost of collections, other than fees for insufficient funds
2309
as provided by law, without a judgment from a court of competent
2310
jurisdiction.
2311
(9) If a check is returned to a licensee from a payor
2312
financial institution due to lack of funds, a closed account, or
2313
a stop-payment order, the licensee may seek collection pursuant
2314
to s. 68.065. In seeking collection, the licensee must comply
2315
with the prohibitions against harassment or abuse, false or
2316
misleading representations, and unfair practices in the Fair Debt
2317
Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, and 1692f.
2318
A violation of this subsection is a deceptive and unfair trade
2319
practice and constitutes a violation of the Deceptive and Unfair
2320
Trade Practices Act under part II of chapter 501. In addition, a
2321
licensee must comply with the applicable provisions of the
2322
Consumer Collection Practices Act under part VI of chapter 559,
2323
including s. 559.77.
2324
Section 40. Section 560.310, Florida Statutes, is amended
2325
to read:
2326
560.310 Records of check cashers and foreign currency
2327
exchangers.--
2328
(1) In addition to the record retention requirements
2329
specified in s. 560.110, a person engaged in check cashing must
2330
maintain the following:
2331
(a) Customer files, as prescribed by rule, on all customers
2332
who cash corporate or third-party payment instruments exceeding
2333
$1,000.
2334
(b) For any payment instrument accepted having a face value
2335
of $1,000 or more:
2336
1. A copy of the personal identification that bears a
2337
photograph of the customer used as identification and presented
2338
by the customer. Acceptable personal identification is limited to
2339
a valid driver's license; a state identification card issued by
2340
any state of the United States or its territories or the District
2341
of Columbia, and showing a photograph and signature; a United
2342
States Government Resident Alien Identification Card; a United
2343
States passport; or a United States Military identification card.
2344
2. A photograph and thumbprint of the customer taken by the
2345
licensee.
2346
(c) In addition to the requirements of paragraph (b), for
2347
any payment instrument accepted having a face value greater than
2348
$10,000, the licensee must take a photograph of the customer,
2349
unless the licensee has such a photograph of the customer on file
2350
along with other documents establishing the identity of the
2351
customer.
2352
(d) A payment instrument log that must be maintained
2353
electronically as prescribed by rule. For purposes of this
2354
paragraph, multiple payment instruments accepted from any one
2355
person on any given day which total $1,000 or more must be
2356
aggregated and reported on the log. Each registrant must maintain
2357
all books, accounts, records, and documents necessary to
2358
determine the registrant's compliance with the provisions of the
2359
code. Such books, accounts, records, and documents shall be
2360
retained for a period of at least 3 years.
2361
(2) A licensee under this part may engage the services of a
2362
third party that is not a depository institution for the
2363
maintenance and storage of records required by this section if
2364
all the requirements of this section are met. The records
2365
required to be maintained by the code may be maintained by the
2366
registrant at any location if the registrant notifies the office,
2367
in writing, of the location of the records in its application or
2368
otherwise by amendment as prescribed by commission rule. The
2369
registrant shall make such records available to the office for
2370
examination and investigation in this state, as permitted by the
2371
code, within 7 days after receipt of a written request.
2372
(3) Registrants and authorized vendors need not preserve or
2373
retain any of the records required by this section or copies
2374
thereof for a period longer than 3 years unless a longer period
2375
is expressly required by the laws of this state or any federal
2376
law. A registrant or authorized vendor may destroy any of its
2377
records or copies thereof after the expiration of the retention
2378
period required by this section.
2379
(4) The original of any record of a registrant or
2380
authorized vendor includes the data or other information
2381
comprising a record stored or transmitted in or by means of any
2382
electronic, computerized, mechanized, or other information
2383
storage or retrieval or transmission system or device which can
2384
upon request generate, regenerate, or transmit the precise data
2385
or other information comprising the record; and an original also
2386
includes the visible data or other information so generated,
2387
regenerated, or transmitted if it is legible or can be made
2388
legible by enlargement or other process.
2389
(5) Any person who willfully violates this section or fails
2390
to comply with any lawful written demand or order of the office
2391
made pursuant to this section commits a felony of the third
2393
2394
Section 41. Section 560.402, Florida Statutes, is amended
2395
to read:
2396
560.402 Definitions.--In addition to the definitions
2398
otherwise clearly indicated by the context, For the purposes of
2399
this part, the term:
2400
(1) "Affiliate" means a person who, directly or indirectly,
2401
through one or more intermediaries controls, or is controlled by,
2402
or is under common control with, a deferred presentment provider.
2403
(2) "Business day" means the hours during a particular day
2404
during which a deferred presentment provider customarily conducts
2405
business, not to exceed 15 consecutive hours during that day.
2406
(3) "Days" means calendar days.
2407
(2)(4) "Deferment period" means the number of days a
2408
deferred presentment provider agrees to defer depositing, or
2409
presenting, or redeeming a payment instrument.
2410
(5) "Deferred presentment provider" means a person who
2411
engages in a deferred presentment transaction and is registered
2412
under part II or part III of the code and has filed a declaration
2413
of intent with the office.
2414
(3)(6) "Deferred presentment transaction" means providing
2415
currency or a payment instrument in exchange for a drawer's
2416
person's check and agreeing to hold the that person's check for a
2417
deferment period of time prior to presentment, deposit, or
2418
redemption.
2419
(4)(7) "Drawer" means a customer any person who writes a
2420
personal check and upon whose account the check is drawn.
2421
(5) "Extension of a deferred presentment agreement" means
2422
continuing a deferred presentment transaction past the deferment
2423
period by having the drawer pay additional fees and the deferred
2424
presentment provider continuing to hold the check for another
2425
deferment period.
2426
(6)(8) "Rollover" means the termination or extension of a
2427
an existing deferred presentment agreement by the payment of an
2428
any additional fee and the continued holding of the check, or the
2429
substitution of a new check drawn by the drawer pursuant to a new
2430
deferred presentment agreement.
2431
(9) "Fee" means the fee authorized for the deferral of the
2432
presentation of a check pursuant to this part.
2433
(7)(10) "Termination of a an existing deferred presentment
2434
agreement" means that the check that is the basis for the an
2435
agreement is redeemed by the drawer by payment in full in cash,
2436
or is deposited and the deferred presentment provider has
2437
evidence that such check has cleared. A Verification of
2438
sufficient funds in the drawer's account by the deferred
2439
presentment provider is shall not be sufficient evidence to deem
2440
that the existing deferred deposit transaction is to be
2441
terminated.
2442
(11) "Extension of an existing deferred presentment
2443
agreement" means that a deferred presentment transaction is
2444
continued by the drawer paying any additional fees and the
2445
deferred presentment provider continues to hold the check for
2446
another period of time prior to deposit, presentment, or
2447
redemption.
2448
Section 42. Section 560.403, Florida Statutes, is amended
2449
to read:
2450
560.403 Requirements of registration; Declaration of
2451
intent.--
2452
(1) Except for financial institutions as defined in s.
2453
655.005 No person, Unless otherwise exempt from this chapter, a
2454
person may not shall engage in a deferred presentment transaction
2455
unless the person is licensed as a money services business
2456
registered under the provisions of part II or part III of this
2457
chapter and has on file with the office a declaration of intent
2458
to engage in deferred presentment transactions, regardless of
2459
whether such person is exempted from licensure under any other
2460
provision of this chapter. The declaration of intent must shall
2461
be under oath and on such form as prescribed the commission
2462
prescribes by rule. The declaration of intent must shall be filed
2463
together with a nonrefundable filing fee as provided in s.
2464
560.143 of $1,000. Any person who is registered under part II or
2465
part III on the effective date of this act and intends to engage
2466
in deferred presentment transactions shall have 60 days after the
2467
effective date of this act to file a declaration of intent. A
2468
declaration of intent expires after 24 months and must be
2469
renewed.
2470
(2) A registrant under this part shall renew his or her
2471
intent to engage in the business of deferred presentment
2472
transactions or to act as a deferred presentment provider upon
2473
renewing his or her registration under part II or part III and
2474
shall do so by indicating his or her intent by submitting a
2475
nonrefundable deferred presentment provider renewal fee of
2476
$1,000, in addition to any fees required for renewal of
2477
registration under part II or part III.
2478
(3) A registrant under this part who fails to timely renew
2479
his or her intent to engage in the business of deferred
2480
presentment transactions or to act as a deferred presentment
2481
provider shall immediately cease to engage in the business of
2482
deferred presentment transactions or to act as a deferred
2483
presentment provider.
2484
(4) The notice of intent of a registrant under this part
2485
who fails to timely renew his or her intent to engage in the
2486
business of deferred presentment transactions or to act as a
2487
deferred presentment provider on or before the expiration date of
2488
the registration period automatically expires. A renewal fee and
2489
a nonrefundable late fee of $500 must be filed within 60 calendar
2490
days after the expiration of an existing registration in order
2491
for the declaration of intent to be reinstated. The office shall
2492
grant a reinstatement of registration if an application is filed
2493
during the 60-day period, and the reinstatement is effective upon
2494
receipt of the required fees and any information that the
2495
commission requires by rule. If the registrant has not filed a
2496
reinstatement of a renewal declaration of intent within 60
2497
calendar days after the expiration date of an existing
2498
registration, the notice of intent expires and a new declaration
2499
of intent must be filed with the office.
2500
(5) No person, other than a financial institution as
2501
defined in s. 655.005, shall be exempt from registration and
2502
declaration if such person engages in deferred presentment
2503
transactions, regardless of whether such person is currently
2504
exempt from registration under any provision of this code.
2505
Section 43. Section 560.404, Florida Statutes, is amended
2506
to read:
2507
560.404 Requirements for deferred presentment
2508
transactions.--
2509
(1) Each Every deferred presentment transaction must shall
2510
be documented in a written agreement signed by both the deferred
2511
presentment provider and the drawer.
2512
(2) The deferred presentment transaction agreement must
2513
shall be executed on the day the deferred presentment provider
2514
furnishes currency or a payment instrument to the drawer.
2515
(3) Each written agreement must shall contain the following
2516
information, in addition to any information required the
2517
commission requires by rule, contain the following information:
2518
(a) The name or trade name, address, and telephone number
2519
of the deferred presentment provider and the name and title of
2520
the person who signs the agreement on behalf of the deferred
2521
presentment provider.
2522
(b) The date the deferred presentment transaction is was
2523
made.
2524
(c) The amount of the drawer's check.
2525
(d) The length of the deferment deferral period.
2526
(e) The last day of the deferment period.
2527
(f) The address and telephone number of the office and the
2528
Division of Consumer Services of the Department of Financial
2529
Services.
2530
(g) A clear description of the drawer's payment obligations
2531
under the deferred presentment transaction.
2532
(h) The transaction number assigned by the office's
2533
database.
2534
(4) The Every deferred presentment provider must shall
2535
furnish to the drawer a copy of the deferred presentment
2536
transaction agreement to the drawer.
2537
(5) The face amount of a check taken for deferred
2538
presentment may not exceed $500 exclusive of the fees allowed
2539
under by this part.
2540
(6) A No deferred presentment provider or its affiliate may
2541
not shall charge fees that exceed in excess of 10 percent of the
2542
currency or payment instrument provided. However, a verification
2543
fee may be charged as provided in s. 560.309(7) in accordance
2544
with s. 560.309(4) and the rules adopted pursuant to the code.
2545
The 10-percent fee may not be applied to the verification fee. A
2546
deferred presentment provider may charge only those fees
2547
specifically authorized in this section.
2548
(7) The fees authorized by this section may not be
2549
collected before the drawer's check is presented or redeemed.
2550
(8) A No deferred presentment agreement may not shall be
2551
for a term longer than in excess of 31 days or less than 7 days.
2552
(9) A No deferred presentment provider may not shall
2553
require a drawer person to provide any additional security for
2554
the deferred presentment transaction or any extension or require
2555
the drawer a person to provide any additional guaranty from
2556
another person.
2557
(10) A deferred presentment provider may shall not include
2558
any of the following provisions in a deferred provider any
2559
written agreement:
2560
(a) A hold harmless clause.;
2561
(b) A confession of judgment clause.;
2562
(c) Any assignment of or order for payment of wages or
2563
other compensation for services.;
2564
(d) A provision in which the drawer agrees not to assert
2565
any claim or defense arising out of the agreement.; or
2566
(e) A waiver of any provision of this part.
2567
(11) A Each deferred presentment provider shall immediately
2568
provide the drawer with the full amount of any check to be held,
2569
less only the fees allowed permitted under this section.
2570
(12) The deferred presentment agreement and the drawer's
2571
check must shall bear the same date, and the number of days of
2572
the deferment period shall be calculated from that this date. The
2573
No deferred presentment provider and the drawer or person may not
2574
alter or delete the date on any written agreement or check held
2575
by the deferred presentment provider.
2576
(13) For each deferred presentment transaction, the
2577
deferred presentment provider must comply with the disclosure
2578
requirements of 12 C.F.R., part 226, relating to the federal
2579
Truth-in-Lending Act, and Regulation Z of the Board of Governors
2580
of the Federal Reserve Board. A copy of the disclosure must be
2581
provided to the drawer at the time the deferred presentment
2582
transaction is initiated.
2583
(14) A No deferred presentment provider or its affiliate
2584
may not accept or hold an undated check or a check dated on a
2585
date other than the date on which the deferred presentment
2586
provider agreed to hold the check and signed the deferred
2587
presentment transaction agreement.
2588
(15) A Every deferred presentment provider must shall hold
2589
the drawer's check for the agreed number of days, unless the
2590
drawer chooses to redeem the check before the agreed presentment
2591
date.
2592
(16) Proceeds in a deferred presentment transaction may be
2593
made to the drawer in the form of the deferred presentment
2594
provider's payment instrument if the deferred presentment
2595
provider is registered under part II; however, an no additional
2596
fee may not be charged by a deferred presentment provider or its
2597
affiliate for issuing or cashing the deferred presentment
2598
provider's payment instrument.
2599
(17) A No deferred presentment provider may not require the
2600
drawer to accept its payment instrument in lieu of currency.
2601
(18) A No deferred presentment provider or its affiliate
2602
may not engage in the rollover of a any deferred presentment
2603
agreement. A deferred presentment provider may shall not redeem,
2604
extend, or otherwise consolidate a deferred presentment agreement
2605
with the proceeds of another deferred presentment transaction
2606
made by the same or an affiliate affiliated deferred presentment
2607
provider.
2608
(19) A deferred presentment provider may not enter into a
2609
deferred presentment transaction with a drawer person who has an
2610
outstanding deferred presentment transaction with that provider
2611
or with any other deferred presentment provider, or with a person
2612
whose previous deferred presentment transaction with that
2613
provider or with any other provider has been terminated for less
2614
than 24 hours. The deferred presentment provider must verify such
2615
information as follows:
2616
(a) The deferred presentment provider shall maintain a
2617
common database and shall verify whether the that deferred
2618
presentment provider or an affiliate has an outstanding deferred
2619
presentment transaction with a particular person or has
2620
terminated a transaction with that person within the previous 24
2621
hours.
2622
(b) The deferred presentment provider shall access the
2623
office's database established pursuant to subsection (23) and
2624
shall verify whether any other deferred presentment provider has
2625
an outstanding deferred presentment transaction with a particular
2626
person or has terminated a transaction with that person within
2627
the previous 24 hours. If a provider has not established Prior to
2628
the time that the office has implemented such a database, the
2629
deferred presentment provider may rely upon the written
2630
verification of the drawer as provided in subsection (20).
2631
(20) A deferred presentment provider shall provide the
2632
following notice in a prominent place on each deferred
2633
presentment agreement in at least 14-point type in substantially
2634
the following form and must obtain the signature of the drawer
2635
where indicated:
2636
2637
2638
2639
NOTICE
2640
2641
1. STATE LAW PROHIBITS YOU FROM HAVING MORE THAN ONE DEFERRED
2642
PRESENTMENT AGREEMENT AT ANY ONE TIME. STATE LAW ALSO PROHIBITS
2643
YOU FROM ENTERING INTO A DEFERRED PRESENTMENT AGREEMENT WITHIN 24
2644
HOURS AFTER OF TERMINATING ANY PREVIOUS DEFERRED PRESENTMENT
2645
AGREEMENT. FAILURE TO OBEY THIS LAW COULD CREATE SEVERE FINANCIAL
2646
HARDSHIP FOR YOU AND YOUR FAMILY.
2647
2648
2649
YOU MUST SIGN THE FOLLOWING STATEMENT:
2650
2651
I DO NOT HAVE AN OUTSTANDING DEFERRED PRESENTMENT AGREEMENT WITH
2652
ANY DEFERRED PRESENTMENT PROVIDER AT THIS TIME. I HAVE NOT
2653
TERMINATED A DEFERRED PRESENTMENT AGREEMENT WITHIN THE PAST 24
2654
HOURS.
2655
2656
(Signature of Drawer)
2657
2658
2659
2. YOU CANNOT BE PROSECUTED IN CRIMINAL COURT FOR A CHECK
2660
WRITTEN UNDER THIS AGREEMENT, BUT ALL LEGALLY AVAILABLE CIVIL
2661
MEANS TO ENFORCE THE DEBT MAY BE PURSUED AGAINST YOU.
2662
2663
2664
3. STATE LAW PROHIBITS A DEFERRED PRESENTMENT PROVIDER (THIS
2665
BUSINESS) FROM ALLOWING YOU TO "ROLL OVER" YOUR DEFERRED
2666
PRESENTMENT TRANSACTION. THIS MEANS THAT YOU CANNOT BE ASKED OR
2667
REQUIRED TO PAY AN ADDITIONAL FEE IN ORDER TO FURTHER DELAY THE
2668
DEPOSIT OR PRESENTMENT OF YOUR CHECK FOR PAYMENT. IF YOU INFORM
2669
THE PROVIDER IN PERSON THAT YOU CANNOT COVER THE CHECK OR PAY IN
2670
FULL THE AMOUNT OWING AT THE END OF THE TERM OF THIS AGREEMENT,
2671
YOU WILL RECEIVE A GRACE PERIOD EXTENDING THE TERM OF THE
2672
AGREEMENT FOR AN ADDITIONAL 60 DAYS AFTER THE ORIGINAL
2673
TERMINATION DATE, WITHOUT ANY ADDITIONAL CHARGE. THE DEFERRED
2674
PRESENTMENT PROVIDER SHALL REQUIRE THAT YOU, AS A CONDITION OF
2675
OBTAINING THE GRACE PERIOD, COMPLETE CONSUMER CREDIT COUNSELING
2676
PROVIDED BY AN AGENCY INCLUDED ON THE LIST THAT WILL BE PROVIDED
2677
TO YOU BY THIS PROVIDER. YOU MAY ALSO AGREE TO COMPLY WITH AND
2678
ADHERE TO A REPAYMENT PLAN APPROVED BY THAT AGENCY. IF YOU DO NOT
2679
COMPLY WITH AND ADHERE TO A REPAYMENT PLAN APPROVED BY THAT
2680
AGENCY, WE MAY DEPOSIT OR PRESENT YOUR CHECK FOR PAYMENT AND
2681
PURSUE ALL LEGALLY AVAILABLE CIVIL MEANS TO ENFORCE THE DEBT AT
2682
THE END OF THE 60-DAY GRACE PERIOD.
2683
(21) The deferred presentment provider may not deposit or
2684
present the drawer's check if the drawer informs the provider in
2685
person that the drawer cannot redeem or pay in full in cash the
2686
amount due and owing the deferred presentment provider. No
2687
additional fees or penalties may be imposed on the drawer by
2688
virtue of any misrepresentation made by the drawer as to the
2689
sufficiency of funds in the drawer's account. In no event shall
2690
any Additional fees may not be added to the amounts due and owing
2691
to the deferred presentment provider.
2692
(22)(a) If, by the end of the deferment period, the drawer
2693
informs the deferred presentment provider in person that the
2694
drawer cannot redeem or pay in full in cash the amount due and
2695
owing the deferred presentment provider, the deferred presentment
2696
provider shall provide a grace period extending the term of the
2697
agreement for an additional 60 days after the original
2698
termination date, without any additional charge.
2699
(a) The provider shall require that as a condition of
2700
providing a this grace period, that within the first 7 days of
2701
the grace period the drawer make an appointment with a consumer
2702
credit counseling agency within 7 days after the end of the
2703
deferment period and complete the counseling by the end of the
2704
grace period. The drawer may agree to, comply with, and adhere to
2705
a repayment plan approved by the counseling agency. If the drawer
2706
agrees to comply with and adhere to a repayment plan approved by
2707
the counseling agency, the provider must is also required to
2708
comply with and adhere to that repayment plan. The deferred
2709
presentment provider may not deposit or present the drawer's
2710
check for payment before the end of the 60-day grace period
2711
unless the drawer fails to comply with such conditions or the
2712
drawer fails to notify the provider of such compliance. Before
2713
each deferred presentment transaction, the provider may verbally
2714
advise the drawer of the availability of the grace period
2715
consistent with the provisions of the written notice in
2716
subsection (20), and may shall not discourage the drawer from
2717
using the grace period.
2718
(b) At the commencement of the grace period, the deferred
2719
presentment provider shall provide the drawer:
2720
1. Verbal notice of the availability of the grace period
2721
consistent with the written notice in subsection (20).
2722
2. A list of approved consumer credit counseling agencies
2723
prepared by the office. The office list shall include nonprofit
2724
consumer credit counseling agencies affiliated with the National
2725
Foundation for Credit Counseling which provide credit counseling
2726
services to state Florida residents in person, by telephone, or
2727
through the Internet. The office list must include phone numbers
2728
for the agencies, the counties served by the agencies, and
2729
indicate the agencies that provide telephone counseling and those
2730
that provide Internet counseling. The office shall update the
2731
list at least once each year.
2732
3. The following notice in at least 14-point type in
2733
substantially the following form:
2734
2735
2736
AS A CONDITION OF OBTAINING A GRACE PERIOD EXTENDING THE TERM OF
2737
YOUR DEFERRED PRESENTMENT AGREEMENT FOR AN ADDITIONAL 60 DAYS,
2738
UNTIL [DATE], WITHOUT ANY ADDITIONAL FEES, YOU MUST COMPLETE
2739
CONSUMER CREDIT COUNSELING PROVIDED BY AN AGENCY INCLUDED ON THE
2740
LIST THAT WILL BE PROVIDED TO YOU BY THIS PROVIDER. YOU MAY ALSO
2741
AGREE TO COMPLY WITH AND ADHERE TO A REPAYMENT PLAN APPROVED BY
2742
THE AGENCY. THE COUNSELING MAY BE IN PERSON, BY TELEPHONE, OR
2743
THROUGH THE INTERNET. YOU MUST NOTIFY US WITHIN 7 SEVEN (7) DAYS,
2744
BY [DATE], THAT YOU HAVE MADE AN APPOINTMENT WITH SUCH A CONSUMER
2745
CREDIT COUNSELING AGENCY. YOU MUST ALSO NOTIFY US WITHIN 60 SIXTY
2746
(60) DAYS, BY [DATE], THAT YOU HAVE COMPLETED THE CONSUMER CREDIT
2747
COUNSELING. WE MAY VERIFY THIS INFORMATION WITH THE AGENCY. IF
2748
YOU FAIL TO PROVIDE EITHER THE 7-DAY OR 60-DAY NOTICE, OR IF YOU
2749
HAVE NOT MADE THE APPOINTMENT OR COMPLETED THE COUNSELING WITHIN
2750
THE TIME REQUIRED, WE MAY DEPOSIT OR PRESENT YOUR CHECK FOR
2751
PAYMENT AND PURSUE ALL LEGALLY AVAILABLE CIVIL MEANS TO ENFORCE
2752
THE DEBT.
2753
(c) If a drawer completes an approved payment plan, the
2754
deferred presentment provider shall pay one-half of the drawer's
2755
fee for the deferred presentment agreement to the consumer credit
2756
counseling agency.
2757
(23) The office shall implement a common database with
2758
real-time access through an Internet connection for deferred
2759
presentment providers, as provided in this subsection. The
2760
database must be accessible to the office and the deferred
2761
presentment providers in order to verify whether any deferred
2762
presentment transactions are outstanding for a particular person.
2763
Deferred presentment providers shall submit such data before
2764
entering into each deferred presentment transaction in such
2765
format as required the commission shall require by rule,
2766
including the drawer's name, social security number or employment
2767
authorization alien number, address, driver's license number,
2768
amount of the transaction, date of transaction, the date that the
2769
transaction is closed, and such additional information as is
2770
required by rule the commission. The commission may by rule
2771
impose a fee of up to not to exceed $1 per transaction for data
2772
that must required to be submitted by a deferred presentment
2773
provider. A deferred presentment provider may rely on the
2774
information contained in the database as accurate and is not
2775
subject to any administrative penalty or civil liability due to
2776
as a result of relying on inaccurate information contained in the
2777
database. A deferred presentment provider must notify the office
2778
within 15 business days after ceasing operations and in a manner
2779
as prescribed by rule. Such notification must include a
2780
reconciliation of all open transactions. If the provider fails to
2781
provide notice, the office shall take action to administratively
2782
release all open and pending transactions in the database after
2783
the office becomes aware of the closure. This section does not
2784
affect the rights of the provider to enforce the contractual
2785
provisions of the deferred presentment agreements through any
2786
civil action allowed by law. The commission may adopt rules to
2787
administer and enforce the provisions of this subsection section
2788
and to ensure assure that the database is used by deferred
2789
presentment providers in accordance with this section.
2790
(24) A deferred presentment provider may not accept more
2791
than one check or authorization to initiate more than one
2792
automated clearinghouse transaction to collect on a deferred
2793
presentment transaction for a single deferred presentment
2794
transaction.
2795
Section 44. Section 560.405, Florida Statutes, is amended
2796
to read:
2797
560.405 Deposit; redemption.--
2798
(1) The deferred presentment provider or its affiliate may
2799
shall not present the drawer's check before the end of the
2800
deferment period prior to the agreed-upon date of presentment, as
2801
reflected in the deferred presentment transaction agreement.
2802
(2) Before a deferred presentment provider presents the
2803
drawer's check, the check must shall be endorsed with the actual
2804
name under which the deferred presentment provider is doing
2805
business.
2806
(3) Notwithstanding the provisions of subsection (1), in
2807
lieu of presentment, a deferred presentment provider may allow
2808
the check to be redeemed at any time upon payment to the deferred
2809
presentment provider in the amount of the face amount of the
2810
drawer's check. However, payment may not be made in the form of a
2811
personal check. Upon redemption, the deferred presentment
2812
provider shall return the drawer's check that was being held and
2813
provide a signed, dated receipt showing that the drawer's check
2814
has been redeemed.
2815
(4) A No drawer may not can be required to redeem his or
2816
her check before prior to the agreed-upon date; however, the
2817
drawer may choose to redeem the check before the agreed-upon
2818
presentment date.
2819
Section 45. Section 560.406, Florida Statutes, is amended
2820
to read:
2821
560.406 Worthless checks.--
2822
(1) If a check is returned to a deferred presentment
2823
provider from a payor financial institution due to lack of funds,
2824
a closed account, or a stop-payment order, the deferred
2825
presentment provider may seek collection pursuant to s. 68.065,
2826
except a deferred presentment provider may shall not be entitled
2827
to collect treble damages pursuant s. 68.065. The notice sent by
2828
the a deferred deposit provider may pursuant to s. 68.065 shall
2829
not include any references to treble damages and must clearly
2830
state that the deferred presentment provider is not entitled to
2831
recover such damages. Except as otherwise provided in this part,
2832
an individual who issues a personal check to a deferred
2833
presentment provider under a deferred presentment agreement is
2834
not subject to criminal penalty.
2835
(2) If a check is returned to a deferred presentment
2836
provider from a payor financial institution due to insufficient
2837
funds, a closed account, or a stop-payment order, the deferred
2838
presentment provider may pursue all legally available civil
2839
remedies to collect the check, including, but not limited to, the
2840
imposition of all charges imposed on the deferred presentment
2841
provider by the any financial institution. In its collection
2842
practices, a deferred presentment provider must shall comply with
2843
the prohibitions against harassment or abuse, false or misleading
2844
representations, and unfair practices that which are contained in
2845
ss. 806, 807, and 808 of the Fair Debt Collections Practices Act,
2846
15 U.S.C. ss. 1692d, 1692e, 1692f. A violation of this act is a
2847
deceptive and unfair trade practice and constitutes a violation
2848
of the Deceptive and Unfair Trade Practices Act under, part II of
2849
chapter 501. In addition, a deferred presentment provider must
2850
shall comply with the applicable provisions of part VI of chapter
2851
559, the Consumer Collection Practices Act under part VI of
2852
chapter 559, including, but not limited to, the provisions of s.
2853
2854
(3) A deferred presentment provider may not assess the cost
2855
of collection, other than charges for insufficient funds as
2856
allowed by law, without a judgment from a court of competent
2857
jurisdiction.
2858
Section 46. Subsection (7) of section 499.005, Florida
2859
Statutes, is amended to read:
2860
499.005 Prohibited acts.--It is unlawful for a person to
2861
perform or cause the performance of any of the following acts in
2862
this state:
2863
(7) The purchase or sale of prescription drugs for
2864
wholesale distribution in exchange for currency, as defined in s.
2866
Section 47. Paragraph (i) of subsection (2) of section
2867
499.0691, Florida Statutes, is amended to read:
2868
499.0691 Criminal punishment for violations related to
2869
drugs; dissemination of false advertisement.--
2870
(2) Any person who violates any of the following provisions
2871
commits a felony of the third degree, punishable as provided in
2874
(i) The purchase or sale of prescription drugs for
2875
wholesale distribution in exchange for currency, as defined in s.
2877
Section 48. Paragraph (b) of subsection (2) of section
2878
501.95, Florida Statutes, is amended to read:
2879
501.95 Gift certificates and credit memos.--
2880
(2)
2881
(b) Paragraph (a) does not apply to a gift certificate or
2882
credit memo sold or issued by a financial institution, as defined
2883
in s. 655.005, or by a money services business transmitter, as
2884
defined in s. 560.103, if the gift certificate or credit memo is
2885
redeemable by multiple unaffiliated merchants.
2886
Section 49. Paragraph (n) of subsection (2) of section
2887
538.03, Florida Statutes, is amended to read:
2888
538.03 Definitions; applicability.--
2889
(2) This chapter does not apply to:
2890
(n) A business that contracts with other persons or
2891
entities to offer its secondhand goods for sale, purchase,
2892
consignment, or trade via an Internet website, and that maintains
2893
a shop, store, or other business premises for this purpose, if
2894
all of the following apply:
2895
1. The secondhand goods must be available on the website
2896
for viewing by the public at no charge;
2897
2. The records of the sale, purchase, consignment, or trade
2898
must be maintained for at least 2 years;
2899
3. The records of the sale, purchase, consignment, or
2900
trade, and the description of the secondhand goods as listed on
2901
the website, must contain the serial number of each item, if any;
2902
4. The secondhand goods listed on the website must be
2903
searchable based upon the state or zip code;
2904
5. The business must provide the appropriate law
2905
enforcement agency with the name or names under which it conducts
2906
business on the website;
2907
6. The business must allow the appropriate law enforcement
2908
agency to inspect its business premises at any time during normal
2909
business hours;
2910
7. Any payment by the business resulting from such a sale,
2911
purchase, consignment, or trade must be made to the person or
2912
entity with whom the business contracted to offer the goods and
2913
must be made by check or via a money services business
2914
transmitter licensed under part II of chapter 560; and
2915
8.a. At least 48 hours after the estimated time of
2916
contracting to offer the secondhand goods, the business must
2917
verify that any item having a serial number is not stolen
2918
property by entering the serial number of the item into the
2919
Department of Law Enforcement's stolen article database located
2920
at the Florida Crime Information Center's public access system
2921
website. The business shall record the date and time of such
2922
verification on the contract covering the goods. If such
2923
verification reveals that an item is stolen property, the
2924
business shall immediately remove the item from any website on
2925
which it is being offered and notify the appropriate law
2926
enforcement agency; or
2927
b. The business must provide the appropriate law
2928
enforcement agency with an electronic copy of the name, address,
2929
phone number, driver's license number, and issuing state of the
2930
person with whom the business contracted to offer the goods, as
2931
well as an accurate description of the goods, including make,
2932
model, serial number, and any other unique identifying marks,
2933
numbers, names, or letters that may be on an item, in a format
2934
agreed upon by the business and the appropriate law enforcement
2935
agency. This information must be provided to the appropriate law
2936
enforcement agency within 24 hours after entering into the
2937
contract unless other arrangements are made between the business
2938
and the law enforcement agency.
2939
Section 50. Subsection (10) of section 896.101, Florida
2940
Statutes, is amended to read:
2941
896.101 Florida Money Laundering Act; definitions;
2942
penalties; injunctions; seizure warrants; immunity.--
2943
(10) Any financial institution, licensed money services
2944
business transmitter, or other person served with and complying
2945
with the terms of a warrant, temporary injunction, or other court
2946
order, including any subpoena issued under the authority granted
2948
investigation of any crime in this section, including any crime
2949
listed as specified unlawful activity under this section or any
2950
felony violation of chapter 560, has immunity from criminal
2951
liability and is shall not be liable to any person for any lawful
2952
action taken in complying with the warrant, temporary injunction,
2953
or other court order, including any subpoena issued under the
2956
nondisclosure provision, any financial institution, licensed
2957
money services business transmitter, employee or officer of a
2958
financial institution or licensed money services business
2959
transmitter, or any other person may not notify, directly or
2960
indirectly, any customer of that financial institution or
2961
licensed money services business transmitter whose records are
2962
being sought by the subpoena, or any other person named in the
2963
subpoena, about the existence or the contents of that subpoena or
2964
about information that has been furnished to the state attorney
2965
or statewide prosecutor who issued the subpoena or other law
2966
enforcement officer named in the subpoena in response to the
2967
subpoena.
2968
Section 51. Subsection (5) of section 896.104, Florida
2969
Statutes, is amended to read:
2970
896.104 Structuring transactions to evade reporting or
2971
registration requirements prohibited.--
2972
(5) INFERENCE.--Proof that a person engaged for monetary
2973
consideration in the business of a money funds transmitter, as
2975
more than $10,000 in currency, or the foreign equivalent, without
2976
being licensed registered as a money transmitter or designated as
2977
an authorized agent vendor under the provisions of chapter 560,
2978
gives rise to an inference that the transportation was done with
2979
knowledge of the licensure registration requirements of chapter
2980
560 and the reporting requirements of this chapter.
2981
Section 52. Paragraph (g) of subsection (3) of section
2982
921.0022, Florida Statutes, is amended to read:
2983
921.0022 Criminal Punishment Code; offense severity ranking
2984
chart.--
2985
(3) OFFENSE SEVERITY RANKING CHART
2986
(g) LEVEL 7
| FloridaStatute | FelonyDegree | Description |
2987
| 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
2988
| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
2989
| 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. |
2990
| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
2991
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
2992
| 409.920(2) | 3rd | Medicaid provider fraud. |
2993
| 456.065(2) | 3rd | Practicing a health care profession without a license. |
2994
| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
2995
| 458.327(1) | 3rd | Practicing medicine without a license. |
2996
| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
2997
| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
2998
| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
2999
| 462.17 | 3rd | Practicing naturopathy without a license. |
3000
| 463.015(1) | 3rd | Practicing optometry without a license. |
3001
| 464.016(1) | 3rd | Practicing nursing without a license. |
3002
| 465.015(2) | 3rd | Practicing pharmacy without a license. |
3003
| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
3004
| 467.201 | 3rd | Practicing midwifery without a license. |
3005
| 468.366 | 3rd | Delivering respiratory care services without a license. |
3006
| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
3007
| 483.901(9) | 3rd | Practicing medical physics without a license. |
3008
| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
3009
| 484.053 | 3rd | Dispensing hearing aids without a license. |
3010
| 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. |
3011
| 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. |
3012
| 560.125(5)(a) | 3rd | Money services transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
3013
| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
3014
| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
3015
| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
3016
| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
3017
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
3018
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
3019
| 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
3020
| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
3021
| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
3022
| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
3023
| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
3024
| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
3025
| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
3026
| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
3027
| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
3028
| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
3029
| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
3030
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
3031
| 784.083(1) | 1st | Aggravated battery on code inspector. |
3032
3033
| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
3034
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
3035
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
3036
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
3037
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
3038
| 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. |
3039
| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
3040
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
3041
| 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. |
3042
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
3043
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
3044
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
3045
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
3046
| 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
3047
| 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. |
3048
| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
3049
| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
3050
| 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
3051
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
3052
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
3053
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
3054
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
3055
| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
3056
| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
3057
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
3058
| 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. |
3059
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
3060
| 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. |
3061
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
3062
| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
3063
| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
3064
| 838.015 | 2nd | Bribery. |
3065
| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
3066
| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
3067
| 838.22 | 2nd | Bid tampering. |
3068
| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
3069
| 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
3070
| 872.06 | 2nd | Abuse of a dead human body. |
3071
| 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. |
3072
| 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. |
3073
| 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). |
3074
| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
3075
| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
3076
| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
3077
| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
3078
| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
3079
| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
3080
| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
3081
| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
3082
| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
3083
| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
3084
| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
3085
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
3086
| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
3087
| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
3088
| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
3089
| 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
3090
| 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
3091
| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
3092
| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
3093
| 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
3094
| 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
3095
| 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
3096
| 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
3097
| 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
3098
3103
Section 54. Except as otherwise expressly provided in this
3104
act, this act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.