CS/HB 955

1	A bill to be entitled
2	An act relating to money services businesses; changing the
3	name of money transmitters to money services businesses;
4	requiring licensure rather than registration; amending s.
5	560.103, F.S.; revising definitions; defining the terms
6	"affiliated party," "branch office," "cashing,"
7	"compliance officer," "electronic instrument," "financial
8	audit report," "foreign affiliate," "licensee,"
9	"location," "monetary value," "net worth," "outstanding
10	money transmission," and "stored value"; amending s.
11	560.104, F.S.; revising provision providing exemptions
12	from ch. 560, F.S.; amending s. 560.105, F.S.; revising
13	provisions relating to the powers of the Office of
14	Financial Regulation and the Financial Services
15	Commission; amending s. 560.109, F.S.; revising provisions
16	relating to examinations and investigations conducted by
17	the office; requiring that the office periodically examine
18	each licensee and each new licensee within 6 months after
19	issuing a license; requiring the office to report certain
20	violations to a criminal investigatory agency; requiring
21	that the office annually report to the Legislature
22	information concerning investigations and examinations and
23	the total amount of fines assessed and collected;
24	requiring records in a language other than English to be
25	translated; creating s. 560.1091, F.S.; authorizing the
26	office to contract with third parties to conduct
27	examinations; authorizing the commission to adopt rules
28	relating to who can conduct examinations and the rates
29	charged; creating s. 560.1092, F.S.; requiring persons
30	examined to pay the expenses of examination as set by rule
31	of the commission; providing for the deposit of funds
32	collected from licensees; requiring payment for travel
33	expenses and living expenses and compensation for persons
34	making the examinations from such funds or from funds
35	budgeted for such purposes; creating s. 560.110, F.S.;
36	providing for record retention by licensees; amending s.
37	560.111, F.S.; revising the list of prohibited acts by a
38	money services business; amending s. 560.113, F.S.;
39	providing for the establishment of a receivership or the
40	payment of restitution by a person found to have violated
41	ch. 560, F.S.; amending s. 560.114, F.S.; revising grounds
42	for the disciplinary actions; creating s. 560.1141, F.S.;
43	authorizing the commission to adopt disciplinary
44	guidelines for imposing penalties for violations;
45	providing for mitigating and aggravating circumstances;
46	amending s. 560.115, F.S.; revising provisions relating to
47	the voluntary surrender of a license; amending s. 560.116,
48	F.S.; revising provisions relating to the granting of
49	immunity for providing information about alleged
50	violations of ch. 560, F.S.; amending s. 560.118, F.S.;
51	revising provisions relating to required reports; deleting
52	an exemption from the requirement to file an annual
53	financial report; transferring, renumbering, and amending
54	s. 560.119, F.S.; revising provisions providing for the
55	deposit of fees and assessments; amending s. 560.121,
56	F.S.; revising restriction on access to records held by a
57	court or the Legislature; amending s. 560.123, F.S.;
58	revising provisions relating to the Florida Control of
59	Money Laundering in Money Services Business; creating s.
60	560.1235, F.S.; requiring a licensee to comply with state
61	and federal anti-money laundering laws and rules; amending
62	s. 560.124, F.S.; revising provisions relating to sharing
63	reported information; amending s. 560.125, F.S.; revising
64	provisions relating to unlicensed activity; amending s.
65	560.126, F.S.; revising provisions relating to certain
66	notice requirements by a licensee; providing for transfer
67	of certain appointments and licenses to a new license
68	under certain circumstances; amending s. 560.127, F.S.;
69	revising provisions relating to the control of a money
70	services business; amending s. 560.128, F.S.; revising
71	provisions relating to customer contacts and license
72	display; amending s. 560.129, F.S.; revising provisions
73	relating to the confidentiality of certain records;
74	creating s. 560.140, F.S.; providing licensing standards
75	for a money services business; creating s. 560.141, F.S.;
76	providing for a license application; creating s. 560.142,
77	F.S.; providing for license renewal; creating s. 560.143,
78	F.S.; providing for license fees; amending s. 560.203,
79	F.S.; revising the exemption from licensure for authorized
80	vendors of a money services business; amending s. 560.204,
81	F.S.; revising provisions relating to the requirement for
82	licensure of money transmitters or sellers of payment
83	instruments under part II of ch. 560, F.S.; amending s.
84	560.205, F.S.; providing additional requirements for a
85	license application; amending s. 560.208, F.S.; revising
86	provisions relating to the conduct of a licensee; creating
87	s. 560.2085, F.S.; providing requirements for authorized
88	vendors; amending s. 560.209, F.S.; revising provisions
89	relating to a licensee's net worth and the filing of a
90	corporate surety bond; requiring a financial audit report;
91	increasing the upper limit of the bond; deleting the
92	option of waiving the bond; amending s. 560.210, F.S.;
93	revising provisions relating to permissible investments;
94	amending s. 560.211, F.S.; revising provisions relating to
95	required recordkeeping under part II of ch. 560, F.S.;
96	amending s. 560.212, F.S.; revising provisions relating to
97	licensee liability; amending s. 560.213, F.S.; revising
98	provisions relating information that must be printed on a
99	payment instrument; amending s. 560.303, F.S.; revising
100	provisions relating to the licensure of check cashers
101	under part II of ch. 560, F.S.; amending s. 560.304, F.S.;
102	revising provisions relating to exemptions from licensure;
103	limiting the exemption for the payment of instruments
104	below a certain value and incidental to certain retail
105	sales; amending s. 560.309, F.S.; revising provisions
106	relating to the conduct of check cashers; providing
107	additional requirements; amending s. 560.310, F.S.;
108	revising requirements for licensee records; specifying the
109	maintenance of identification records for certain
110	customers; amending s. 560.402, F.S.; revising definitions
111	relating to deferred presentment providers; amending s.
112	560.403, F.S.; revising provisions relating to the
113	licensing requirements for deferred presentment providers;
114	amending s. 560.404, F.S.; revising provisions relating to
115	deferred presentment transactions; amending s. 560.405,
116	F.S.; revising provisions relating to the redemption or
117	deposit of a deferred presentment transaction; amending s.
118	560.406, F.S.; revising provisions relating to worthless
119	checks; amending ss. 499.005, 499.0691, 501.95, 538.03,
120	896.101, 896.104, and 921.0022, F.S.; conforming cross-
121	references; repealing s. 560.101, F.S., relating to a
122	short title; repealing s. 560.102, F.S., relating to
123	purpose and application; repealing s. 560.106, F.S.,
124	relating to chapter constructions; repealing s. 560.1073,
125	F.S., relating to false or misleading statements or
126	documents; repealing s. 560.108, F.S., relating to
127	administrative enforcement guidelines; repealing s.
128	560.112, F.S., relating to disciplinary action procedures;
129	repealing s. 560.117, F.S., relating to administrative
130	fines; repealing s. 560.200, F.S., relating to a short
131	title; repealing s. 560.202, F.S., relating to
132	definitions; repealing s. 560.206, F.S., relating to the
133	investigation of applicants; repealing s. 560.207, F.S.,
134	relating to registration; repealing s. 560.301, F.S.,
135	relating to a short title; repealing s. 560.302, F.S.,
136	relating to definitions; repealing s. 560.305, F.S.,
137	relating to application for registration; repealing s.
138	560.306, F.S., relating to standards; repealing s.
139	560.307, F.S., relating to fees; repealing s. 560.308,
140	F.S., relating to registration; repealing s. 560.401,
141	F.S., relating to a short title; repealing s. 560.407,
142	F.S., relating to required records; providing an effective
143	date.
144
145	Be It Enacted by the Legislature of the State of Florida:
146
147	Section 1.  Section 560.103, Florida Statutes, is amended
148	to read:
149	560.103  Definitions.--As used in this chapter, the term
150	the code, unless the context otherwise requires:
151	(1) "Affiliated party" means a director, officer,
152	responsible person, employee, or foreign affiliate of a money
153	services business, or a person who has a controlling interest in
154	a money services business as provided in s. 560.127.
155	(2)(1)  "Appropriate regulator" means a any state, or
156	federal, or foreign agency that, including the commission or
157	office, which has been granted state or federal statutory
158	authority to enforce state, federal, or foreign laws related to
159	a money services business or deferred presentment provider with
160	regard to the money transmission function.
161	(3)(2)  "Authorized vendor" means a person designated by a
162	money services business licensed under part II of this chapter a
163	registrant to act engage in the business of a money transmitter
164	on behalf of the licensee the registrant at locations in this
165	state pursuant to a written contract with the licensee
166	registrant.
167	(4)  "Branch office" means the physical location, other
168	than the principal place of business, of a money services
169	business operated by a licensee under this chapter.
170	(5)  "Cashing" means providing currency for payment
171	instruments except for travelers checks.
172	(6)(3)  "Check casher" means a person who, for
173	compensation, sells currency in exchange for payment instruments
174	received, except travelers checks and foreign-drawn payment
175	instruments.
176	(4)  "Code" means the "Money Transmitters' Code,"
177	consisting of:
178	(a)  Part I of this chapter, relating to money transmitters
179	generally.
180	(b)  Part II of this chapter, relating to payment
181	instruments and funds transmission.
182	(c)  Part III of this chapter, relating to check cashing
183	and foreign currency exchange.
184	(d)  Part IV of this chapter, relating to deferred
185	presentments.
186	(7)  "Commission" means the Financial Services Commission.
187	(8)  "Compliance officer" means the individual in charge of
188	overseeing, managing, and ensuring that a money services
189	business is in compliance with all state and federal laws and
190	rules relating to money services businesses, as applicable,
191	including all money laundering laws and rules.
192	(5)  "Consideration" means and includes any premium charged
193	for the sale of goods, or services provided in connection with
194	the sale of the goods, which is in excess of the cash price of
195	such goods.
196	(9)(6)  "Currency" means the coin and paper money of the
197	United States or of any other country which is designated as
198	legal tender and which circulates and is customarily used and
199	accepted as a medium of exchange in the country of issuance.
200	Currency includes United States silver certificates, United
201	States notes, and Federal Reserve notes. Currency also includes
202	official foreign bank notes that are customarily used and
203	accepted as a medium of exchange in a foreign country.
204	(7)  "Commission" means the Financial Services Commission.
205	(10)  "Deferred presentment provider" means a person who is
206	licensed under part II or part III of this chapter and has filed
207	a declaration of intent with the office to engage in deferred
208	presentment transactions as provided under part IV of this
209	chapter.
210	(11)  "Electronic instrument" means a card, tangible
211	object, or other form of electronic payment for the transmission
212	or payment of money or the exchange of monetary value, including
213	a stored value card or device that contains a microprocessor
214	chip, magnetic stripe, or other means for storing information;
215	that is prefunded; and for which the value is decremented upon
216	each use.
217	(12)  "Financial audit report" means a report prepared in
218	connection with a financial audit that is conducted in
219	accordance with generally accepted auditing standards prescribed
220	by the American Institute of Certified Public Accountants by a
221	certified public accountant licensed to do business in the
222	United States, and which must include:
223	(a)  Financial statements, including notes related to the
224	financial statements and required supplementary information,
225	prepared in conformity with accounting principles generally
226	accepted in the United States. The notes must, at a minimum,
227	include detailed disclosures regarding receivables that are
228	greater than 90 days, if the total amount of such receivables
229	represent more than 2 percent of the licensee's total assets.
230	(b)  An expression of opinion regarding whether the
231	financial statements are presented in conformity with accounting
232	principles generally accepted in the United States, or an
233	assertion to the effect that such an opinion cannot be expressed
234	and the reasons.
235	(13)  "Foreign affiliate" means a person located outside
236	this state who has been designated by a licensee to make
237	payments on behalf of the licensee to persons who reside outside
238	this state. The term also includes a person located outside of
239	this state for whom the licensee has been designated to make
240	payments in this state.
241	(8)  "Office" means the Office of Financial Regulation of
242	the commission.
243	(14)(9)  "Foreign currency exchanger" means a person who
244	exchanges, for compensation, currency of the United States or a
245	foreign government to currency of another government.
246	(10)  "Funds transmitter" means a person who engages in the
247	receipt of currency or payment instruments for the purpose of
248	transmission by any means, including transmissions within this
249	country or to or from locations outside this country, by wire,
250	facsimile, electronic transfer, courier, or otherwise.
251	(15)  "Licensee" means a person licensed under this
252	chapter.
253	(16)  "Location" means a branch office, mobile location, or
254	location of an authorized vendor whose business activity is
255	regulated under this chapter.
256	(17)  "Monetary value" means a medium of exchange, whether
257	or not redeemable in currency.
258	(18)(11)  "Money services business transmitter" means any
259	person located in or doing business in this state, from this
260	state, or into this state from locations outside this state or
261	country who acts as a payment instrument seller, foreign
262	currency exchanger, check casher, or money funds transmitter, or
263	deferred presentment provider.
264	(19)  "Money transmitter" means a corporation, limited
265	liability company, limited liability partnership, or foreign
266	entity qualified to do business in this state which receives
267	currency, monetary value, or payment instruments for the purpose
268	of transmitting the same by any means, including transmission by
269	wire, facsimile, electronic transfer, courier, the Internet, or
270	through bill payment services or other businesses that
271	facilitate such transfer within this country, or to or from this
272	country.
273	(12)  "Money transmitter-affiliated party" means any
274	director, officer, responsible person, employee, authorized
275	vendor, independent contractor of a money transmitter, or a
276	person who has filed, is required to file, or is found to
277	control a money transmitter pursuant to s. 560.127, or any
278	person engaged in any jurisdiction, at any time, in the business
279	of money transmission as a controlling shareholder, director,
280	officer, or responsible person who becomes involved in a similar
281	capacity with a money transmitter registered in this state.
282	(20)  "Net worth" means assets minus liabilities,
283	determined in accordance with United States generally accepted
284	accounting principles.
285	(21)  "Office" means the Office of Financial Regulation of
286	the commission.
287	(22)(13)  "Officer" means an individual, other than a
288	director whether or not the individual has an official title or
289	receives a salary or other compensation, who participates in, or
290	has authority to participate, other than in the capacity of a
291	director, in, the major policymaking functions of a the money
292	services transmitter business, regardless of whether the
293	individual has an official title or receives a salary or other
294	compensation.
295	(23)  "Outstanding money transmission" means a money
296	transmission to a designated recipient or a refund to a sender
297	that has not been completed.
298	(24)(14)  "Outstanding payment instrument instruments"
299	means an unpaid payment instrument instruments whose sale has
300	been reported to a licensee registrant.
301	(25)(15)  "Payment instrument" means a check, draft,
302	warrant, money order, travelers check, electronic instrument, or
303	other instrument, or payment of money, or monetary value whether
304	or not negotiable. The term Payment instrument does not include
305	an instrument that is redeemable by the issuer in merchandise or
306	service, a credit card voucher, or a letter of credit.
307	(26)(16)  "Payment instrument seller" means a corporation,
308	limited liability company, limited liability partnership, or
309	foreign entity qualified to do business in this state which
310	person who sells a payment instrument.
311	(27)(17)  "Person" means an any individual, partnership,
312	association, trust, corporation, limited liability company, or
313	other group, however organized, but does not include a public
314	the governments of the United States or this state or any
315	department, agency, or instrumentality thereof.
316	(18)  "Registrant" means a person registered by the office
317	pursuant to the code.
318	(28)(19)  "Responsible person" means an individual a person
319	who is employed by or affiliated with a money services business
320	transmitter and who has principal active management authority
321	over the business decisions, actions, and activities of the
322	money services business transmitter in this state.
323	(29)(20)  "Sells Sell" means to sell, issue, provide, or
324	deliver.
325	(30)  "Stored value" means funds or monetary value
326	represented in digital electronics format, whether or not
327	specially encrypted, and stored or capable of storage on
328	electronic media in such a way as to be retrievable and
329	transferred electronically.
330	(21)  "Unsafe and unsound practice" means:
331	(a)  Any practice or conduct found by the office to be
332	contrary to generally accepted standards applicable to the
333	specific money transmitter, or a violation of any prior order of
334	an appropriate regulatory agency, which practice, conduct, or
335	violation creates the likelihood of material loss, insolvency,
336	or dissipation of assets of the money transmitter or otherwise
337	materially prejudices the interests of its customers; or
338	(b)  Failure to adhere to the provisions of 31 C.F.R. ss.
339	103.20, 103.22, 103.27, 103.28, 103.29, 103.33, 103.37, 103.41,
340	and 103.125 as they existed on March 31, 2004.
341
342	In making a determination under this subsection, the office must
343	consider the size and condition of the money transmitter, the
344	magnitude of the loss, the gravity of the violation, and the
345	prior conduct of the person or business involved.
346	Section 2.  Section 560.104, Florida Statutes, is amended
347	to read:
348	560.104  Exemptions.--The following entities are exempt
349	from the provisions of this chapter the code:
350	(1)  Banks, credit card banks, credit unions, trust
351	companies, associations, offices of an international banking
352	corporation, Edge Act or agreement corporations, or other
353	financial depository institutions organized under the laws of
354	any state or the United States, provided that they do not sell
355	payment instruments through authorized vendors who are not such
356	entities.
357	(2)  The United States or any agency or department,
358	instrumentality, or agency thereof.
359	(3)  This state or any political subdivision of this state.
360	Section 3.  Section 560.105, Florida Statutes, is amended
361	to read:
362	560.105  Supervisory powers; rulemaking.--
363	(1)  Consistent with the purposes of the code, The office
364	shall have:
365	(a)  Supervise Supervision over all money services
366	businesses transmitters and their authorized vendors.
367	(b)  Have access to the books and records of persons over
368	whom the office supervises exercises supervision as is necessary
369	to carry out for the performance of the duties and functions of
370	the office under this chapter prescribed by the code.
371	(c)  Power to Issue orders and declaratory statements,
372	disseminate information, and otherwise administer and enforce
373	this chapter and all related rules in order exercise its
374	discretion to effectuate the purposes, policies, and provisions
375	of this chapter the code.
376	(2)  Consistent with the purposes of the code, The
377	commission may adopt rules pursuant to ss. 120.536(1) and 120.54
378	to administer this chapter implement the provisions of the code.
379	(a)(3)  The commission may adopt rules pursuant to ss.
380	120.536(1) and 120.54 requiring electronic submission of any
381	forms, documents, or fees required by this chapter, which must
382	code if such rules reasonably accommodate technological or
383	financial hardship. The commission may prescribe by rule
384	requirements and provide procedures for obtaining an exemption
385	due to a technological or financial hardship.
386	(b)  Rules adopted to regulate money services businesses,
387	including deferred presentment providers, must be responsive to
388	changes in economic conditions, technology, and industry
389	practices.
390	Section 4.  Section 560.109, Florida Statutes, is amended
391	to read:
392	560.109  Examinations and investigations, subpoenas,
393	hearings, and witnesses.--
394	(1)  The office may conduct examinations and make
395	investigations or examinations as prescribed in s. 560.118,
396	within or outside this state, which it deems necessary in order
397	to determine whether a person has violated any provision of this
398	chapter and related rules the code, the rules adopted by the
399	commission pursuant to the code, or of any practice or conduct
400	that creates the likelihood of material loss, insolvency, or
401	dissipation of the assets of a money services business or
402	otherwise materially prejudices the interests of their customers
403	31 C.F.R. ss. 103.20, 103.22, 103.27, 103.28, 103.29, 103.33,
404	103.37, 103.41, and 103.125 as they existed on March 31, 2004.
405	(1)  The office may examine each licensee as often as is
406	warranted for the protection of customers and in the public
407	interest, but at least once every 5 years. A new licensee shall
408	be examined within 6 months after the issuance of the license.
409	The office shall provide at least 15 days' notice to a money
410	services business, its authorized vendor, or license applicant
411	before conducting an examination or investigation. However, the
412	office may conduct an examination or investigation of a money
413	services business, authorized vendor, or affiliated party at any
414	time and without advance notice if the office suspects that the
415	money services business, authorized vendor, or affiliated party
416	has violated or is about to violate any provisions of this
417	chapter or any criminal laws of this state or of the United
418	States.
419	(2)  The office may conduct a joint or concurrent
420	examination with any state or federal regulatory agency and may
421	furnish a copy of all examinations to an appropriate regulator
422	if the regulator agrees to abide by the confidentiality
423	provisions in chapter 119 and this chapter. The office may also
424	accept an examination from any appropriate regulator or,
425	pursuant to s. 560.1091, from an independent third party that
426	has been approved by the office.
427	(3)  Persons subject to this chapter who are examined or
428	investigated shall make available to the office all books,
429	accounts, documents, files, information, assets, and matters
430	that are in their immediate possession or control and that
431	relate to the subject of the examination or investigation.
432	(a)  Records not in their immediate possession must be made
433	available to the office within 3 days after actual notice is
434	served.
435	(b)  Upon notice, the office may require that records
436	written in a language other than English be accompanied by a
437	certified translation at the expense of the licensee. For
438	purposes of this section, the term "certified translation" means
439	a document translated by a person who is currently certified as
440	a translator by the American Translators Association or other
441	organization designated by rule.
442	(4)(2)(a)  In the course of or in connection with any
443	examination or an investigation conducted by the office:
444	(a)  An employee of the office holding the title and
445	position of a pursuant to the provisions of subsection (1) or an
446	investigation or examination in connection with any application
447	to the office for the organization or establishment of a money
448	transmitter business, or in connection with an examination or
449	investigation of a money transmitter or its authorized vendor,
450	the office, or any of its officers holding no lesser title and
451	position than financial examiner or analyst, financial
452	investigator, or attorney at law, or higher may:
453	1.  Administer oaths and affirmations.
454	2.  Take or cause to be taken testimony and depositions.
455	(b)  The office, or any of its employees officers holding a
456	title of no lesser title than attorney, or area financial
457	manager, or higher may issue, revoke, quash, or modify subpoenas
458	and subpoenas duces tecum under the seal of the office or cause
459	any such subpoena or subpoena duces tecum to be issued by any
460	county court judge or clerk of the circuit court or county court
461	to require persons to appear before the office at a reasonable
462	time and place to be therein named and to bring such books,
463	records, and documents for inspection as may be therein
464	designated. Such subpoenas may be served by a representative of
465	the office or may be served as otherwise provided for by law for
466	the service of subpoenas.
467	(c)  In connection with any such investigation or
468	examination, The office may allow permit a person to file a
469	statement in writing, under oath, or otherwise as the office
470	determines, as to facts and circumstances specified by the
471	office.
472	(5)(3)(a)  If a person does not comply In the event of
473	noncompliance with a subpoena issued or caused to be issued by
474	the office pursuant to this section, the office may petition a
475	court of competent jurisdiction the circuit court of the county
476	in which the person subpoenaed resides or has its principal
477	place of business for an order requiring the subpoenaed person
478	to appear and testify and to produce such books, records, and
479	documents as are specified in the such subpoena duces tecum. The
480	office is entitled to the summary procedure provided in s.
481	51.011, and the court shall advance the cause on its calendar.
482	(a)(b)  A copy of the petition shall be served upon the
483	person subpoenaed by any person authorized by this section to
484	serve subpoenas, who shall make and file with the court an
485	affidavit showing the time, place, and date of service.
486	(b)(c)  At a any hearing on the any such petition, the
487	person subpoenaed, or any person whose interests are will be
488	substantially affected by the investigation, examination, or
489	subpoena, may appear and object to the subpoena and to the
490	granting of the petition. The court may make any order that
491	justice requires in order to protect a party or other person and
492	her or his personal and property rights, including, but not
493	limited to, protection from annoyance, embarrassment,
494	oppression, or undue burden, or expense.
495	(c)(d)  Failure to comply with an order granting, in whole
496	or in part, a petition for enforcement of a subpoena is a
497	contempt of the court.
498	(6)(4)  Witnesses are entitled to the same fees and mileage
499	to which they would be entitled by law for attending as
500	witnesses in the circuit court, except that no fees or mileage
501	is not allowed for the testimony of a person taken at the
502	person's principal office or residence.
503	(7)(5)  Reasonable and necessary costs incurred by the
504	office or third parties authorized by the office in connection
505	and payable to persons involved with examinations or
506	investigations may be assessed against any person subject to
507	this chapter on the basis of actual costs incurred. Assessable
508	expenses include, but are not limited to,: expenses for:
509	interpreters; certified translations of documents into the
510	English language required by this chapter or related rules;
511	expenses for communications; expenses for legal representation;
512	expenses for economic, legal, or other research, analyses, and
513	testimony; and fees and expenses for witnesses. The failure to
514	reimburse the office is a ground for denial of a license the
515	registration application, denial of a license renewal, or for
516	revocation of any approval thereof. Except for examinations
517	authorized under s. 560.109, No such costs may not shall be
518	assessed against a person unless the office determines has
519	determined that the person has operated or is operating in
520	violation of this chapter the code.
521	(8)  The office shall provide a written report of any
522	violation of law that may be a felony to the appropriate
523	criminal investigatory agency having jurisdiction with respect
524	to such violation.
525	(9)  The office shall prepare and submit an annual report
526	to the President of the Senate and the Speaker of the House of
527	Representatives beginning January 1, 2009, through January 1,
528	2014, which includes:
529	(a)  The total number of examinations and investigations
530	that resulted in a referral to a state or federal agency and the
531	disposition of each of those referrals by agency.
532	(b)  The total number of initial referrals received from
533	another state or federal agency, the total number of
534	examinations and investigations opened as a result of referrals,
535	and the disposition of each of those cases.
536	(c)  The number of examinations or investigations
537	undertaken by the office which were not the result of a referral
538	from another state agency or a federal agency.
539	(d)  The total amount of fines assessed and collected by
540	the office as a result of an examination or investigation of
541	activities regulated under parts II and III of this chapter.
542	Section 5.  Section 560.1091, Florida Statutes, is created
543	to read:
544	560.1091  Contracted examinations.--The office may contract
545	with third parties to conduct examinations under this chapter.
546	(1)  The person or firm selected by the office may not have
547	a conflict of interest that might affect its ability to
548	independently perform its responsibilities with respect to an
549	examination.
550	(2)  An examination under this section may be conducted by
551	an independent certified public accountant, information
552	technology specialist, or other specialist specified by rule who
553	meets criteria specified by rule. The rules shall also provide
554	that:
555	(a)  The rates charged to the licensee examined are
556	consistent with rates charged by other firms in similar
557	professions and are comparable with the rates charged for
558	comparable examinations.
559	(b)  The licensee make payment for the examination pursuant
560	to s. 560.1092 and in accordance with the rates and terms
561	established by the office and the person or firm performing the
562	examination.
563	Section 6.  Section 560.1092, Florida Statutes, is created
564	to read:
565	560.1092  Examination expenses.--
566	(1)  Each licensee examined shall pay to the office the
567	expenses of the examination at the rates adopted by the
568	commission by rule. Such expenses shall include actual travel
569	expenses, reasonable living expense allowance, compensation of
570	the examiner or other person making the examination, and
571	necessary attendant administrative costs of the office directly
572	related to the examination. Travel expense and living expense
573	allowance are limited to those expenses incurred on account of
574	the examination and shall be paid by the examined licensee
575	together with compensation upon presentation by the office to
576	the licensee of a detailed account of the charges and expenses
577	after a detailed statement has been filed by the examiner and
578	approved by the office.
579	(2)  All moneys collected from licensees for examinations
580	shall be deposited into the Regulatory Trust Fund, and the
581	office may make deposits into such fund from moneys appropriated
582	for the operation of the office.
583	(3)  Notwithstanding s. 112.061, the office may pay to the
584	examiner or person making the examination out of the trust fund
585	the actual travel expenses, reasonable living expense allowance,
586	and compensation in accordance with the statement filed with the
587	office by the examiner or other person, as provided in
588	subsection (1) upon approval by the office.
589	(4)  When not examining a licensee, the travel expenses,
590	per diem, and compensation for the examiners and other persons
591	employed to make examinations, if approved, shall be paid out of
592	moneys budgeted for such purpose as regular employees, and
593	reimbursement for travel expenses and per diem shall be at rates
594	as provided in s. 112.061.
595	Section 7.  Section 560.110, Florida Statutes, is created
596	to read:
597	560.110  Records retention.--Each licensee and its
598	authorized vendors must maintain all books, accounts, documents,
599	files, and information necessary for determining compliance with
600	this chapter and related rules for 5 years unless a longer
601	period is required by other state or federal law.
602	(1)  The records required under this chapter may be
603	maintained by the licensee at any location identified in its
604	license application or by amendment to the application. The
605	licensee must make such records available to the office for
606	examination and investigation in this state within 3 business
607	days after receipt of a written request.
608	(2)  The original of any record of a licensee or authorized
609	vendor includes a record stored or transmitted by electronic,
610	computerized, mechanized, or other information storage or
611	retrieval or transmission system or device that can generate,
612	regenerate, or transmit the precise data or other information
613	comprising the record. An original also includes the visible
614	data or other information so generated, regenerated, or
615	transmitted if it is legible or can be made legible by
616	enlargement or other process.
617	(3)  The commission may adopt rules to administer this
618	section and ss. 560.211 and 560.310. In adopting rules, the
619	commission shall take into consideration federal regulations,
620	rulings, and guidance issued by an appropriate regulator.
621	(4)  Any person who willfully fails to comply with this
622	section or ss. 560.211 and 560.310 commits a felony of the third
623	degree, punishable as provided in s. 775.082, s. 775.083, or s.
624	775.084.
625	Section 8.  Section 560.111, Florida Statutes, is amended
626	to read:
627	560.111  Prohibited acts and practices.--
628	(1)  A money services business, authorized vendor, or
629	affiliated party may not It is unlawful for any money
630	transmitter or money transmitter-affiliated party to:
631	(a)  Receive or possess itself of any property except
632	otherwise than in payment of a just demand, and, with intent to
633	deceive or defraud, to omit to make or to cause to be made a
634	full and true entry thereof in its books and accounts, or to
635	concur in omitting to make any material entry thereof.;
636	(b)  Embezzle, abstract, or misapply any money, property,
637	or thing of value belonging to the money services business, an
638	of the money transmitter or authorized vendor, or customer with
639	intent to deceive or defraud. such money transmitter or
640	authorized vendor;
641	(c)  Make any false entry in its books, accounts, reports,
642	files, or documents any book, report, or statement of such money
643	transmitter or authorized vendor with intent to deceive or
644	defraud such money transmitter, authorized vendor, or another
645	person, or with intent to deceive the office, any appropriate
646	regulator other state or federal regulatory agency, or any
647	authorized third party representative appointed by the office to
648	examine or investigate the affairs of the such money services
649	business transmitter or authorized vendor.;
650	(d)  Engage in an act that violates 18 U.S.C. s. 1956, 18
651	U.S.C. s. 1957, 18 U.S.C. s. 1960, 31 U.S.C. s. 5324, or any
652	other law, rule, or regulation of another state or of the United
653	States relating to a money services business, deferred
654	presentment provider, the business of money transmission or
655	usury which may cause the denial or revocation of a money
656	services business or deferred presentment provider transmitter
657	license or the equivalent registration in that such
658	jurisdiction.;
659	(e)  File with the office, sign as a duly authorized
660	representative, or deliver or disclose, by any means, to the
661	office or any of its employees any examination report, report of
662	condition, report of income and dividends, audit, account,
663	statement, file, or document known by it to be fraudulent or
664	false as to any material matter.; or
665	(f)  Place among the assets of a money services business
666	such money transmitter or authorized vendor any note,
667	obligation, or security that the money services business
668	transmitter or authorized vendor does not own or is known to be
669	that to the person's knowledge is fraudulent or otherwise
670	worthless, or for any such person to represent to the office
671	that any note, obligation, or security carried as an asset of
672	such money transmitter or authorized vendor is the property of
673	the money services business transmitter or authorized vendor and
674	is genuine if it is known to be such person that such
675	representation is false or that such note, obligation, or
676	security is fraudulent or otherwise worthless.
677	(2)  A It is unlawful for any person may not to knowingly
678	execute, or attempt to execute, a scheme or artifice to defraud
679	a money services business transmitter or authorized vendor, or
680	to obtain any of the moneys, funds, credits, assets, securities,
681	or other property owned by, or under the custody or control of,
682	a money services business transmitter or authorized vendor, by
683	means of false or fraudulent pretenses, representations, or
684	promises.
685	(3)  Any person who violates any provision of this section
686	commits a felony of the third degree, punishable as provided in
687	s. 775.082, s. 775.083, or s. 775.084.
688	(4)  Any person who willfully violates any provision of s.
689	560.403, s. 560.404, s. 560.405, or s. 560.407 commits a felony
690	of the third degree, punishable as provided in s. 775.082, s.
691	775.083, or s. 775.084.
692	Section 9.  Section 560.113, Florida Statutes, is amended
693	to read:
694	560.113  Injunctions; receiverships; restitution.--Whenever
695	a violation of the code is threatened or impending and such
696	violation will cause substantial injury to any person, the
697	circuit court has jurisdiction to hear any complaint filed by
698	the office and, upon proper showing, to issue an injunction
699	restraining such violation or granting other such appropriate
700	relief.
701	(1)  If the office determines that any person has engaged
702	in or is about to engage in any action that is a violation of
703	this chapter or related rules, the office may, in addition to or
704	in lieu of other remedies, bring an action on behalf of the
705	state in the circuit court against the person and any other
706	person acting in concert with such person to enjoin such person
707	from engaging in such act. The office may apply for, and on due
708	showing be entitled to have issued, the court's subpoena
709	requiring the appearance of the person and her or his employees,
710	associated persons, or agents and the production of any
711	documents, books, or records that may appear necessary for the
712	hearing of the petition, and to testify or give evidence
713	concerning the acts complained of.
714	(2)  In addition to, or in lieu of, the enforcement of a
715	temporary restraining order, temporary injunction, or permanent
716	injunction against the person, the court may, upon application
717	of the office, impound and appoint a receiver or administrator
718	for the property, assets, and business of the defendant,
719	including, but not limited to, any related books, records,
720	documents, or papers. The receiver or administrator shall have
721	all powers and duties conferred by the court as to the custody,
722	collection, administration, winding up, and liquidation of the
723	property and business. The court may issue orders and decrees
724	staying all pending suits and enjoining any further suits
725	affecting the receiver's or administrator's custody or
726	possession of the property, assets, and business or may, with
727	the consent of the presiding judge of the circuit, require that
728	all such suits be assigned to the judge appointing the receiver
729	or administrator.
730	(3)  In addition to, or in lieu of, any other remedies
731	provided under this chapter, the office may apply to the court
732	hearing the matter for an order directing the defendant to make
733	restitution of those sums shown by the office to have been
734	obtained in violation of this chapter. Such restitution shall,
735	at the option of the court, be payable to the administrator or
736	receiver appointed under this section or directly to the persons
737	whose assets were obtained in violation of this chapter.
738	Section 10.  Section 560.114, Florida Statutes, is amended
739	to read:
740	560.114  Disciplinary actions; penalties.--
741	(1)  The following actions by a money services business,
742	authorized vendor, or affiliated party transmitter or money
743	transmitter-affiliated party are violations of the code and
744	constitute grounds for the issuance of a cease and desist order,
745	the issuance of a removal order, the denial, of a registration
746	application or the suspension, or revocation of a license any
747	registration previously issued pursuant to the code, or the
748	taking of any other action within the authority of the office
749	pursuant to this chapter the code:
750	(a)  Failure to comply with any provision of this chapter
751	or related the code, any rule or order adopted pursuant thereto,
752	or any written agreement entered into with the office.
753	(b)  Fraud, misrepresentation, deceit, or gross negligence
754	in any transaction by a involving money services business
755	transmission, regardless of reliance thereon by, or damage to, a
756	money transmitter customer.
757	(c)  Fraudulent misrepresentation, circumvention, or
758	concealment of any matter that must required to be stated or
759	furnished to a money transmitter customer pursuant to this
760	chapter the code, regardless of reliance thereon by, or damage
761	to, such customer.
762	(d)  False, deceptive, or misleading advertising.
763	(e)  Failure to maintain, preserve, and keep available for
764	examination, and produce all books, accounts, files, or other
765	documents required by this chapter or related rules or orders
766	the code, by any rule or order adopted pursuant to the code, by
767	31 C.F.R. ss. 103.20, 103.22, 103.23, 103.27, 103.28, 103.29,
768	103.33, 103.37, 103.41, and 103.125 as they existed on March 31,
769	2004, or by any agreement entered into with the office.
770	(f)  Refusing to allow Refusal to permit the examination or
771	inspection of books, accounts, files, or other documents and
772	records in an investigation or examination by the office,
773	pursuant to this chapter the provisions of the code, or to
774	comply with a subpoena issued by the office.
775	(g)  Failure to pay a judgment recovered in any court in
776	this state by a claimant in an action arising out of a money
777	transmission transaction within 30 days after the judgment
778	becomes final.
779	(h)  Engaging in an act prohibited under or practice
780	proscribed by s. 560.111.
781	(i)  Insolvency or operating in an unsafe and unsound
782	manner.
783	(j)  Failure by a money services business transmitter to
784	remove an affiliated a money transmitter-affiliated party after
785	the office has issued and served upon the money services
786	business transmitter a final order setting forth a finding that
787	the affiliated money transmitter-affiliated party has violated a
788	any provision of this chapter the code.
789	(k)  Making a any material misstatement, or
790	misrepresentation, or omission or committing any fraud in an
791	initial or renewal application for licensure, any amendment to
792	such application, or application for the appointment of an
793	authorized vendor registration.
794	(l)  Committing any act that results resulting in a license
795	an application for registration, or a registration or its
796	equivalent, to practice any profession or occupation being
797	denied, suspended, revoked, or otherwise acted against by a
798	licensing registering authority in any jurisdiction or a finding
799	by an appropriate regulatory body of engaging in unlicensed
800	activity as a money transmitter within any jurisdiction.
801	(m)  Being the subject of final agency action or its
802	equivalent, issued by an appropriate regulator, for engaging in
803	unlicensed activity as a money services business or deferred
804	presentment provider in any jurisdiction.
805	(n)(m)  Committing any act resulting in a license
806	registration or its equivalent, or an application for
807	registration, to practice any profession or occupation being
808	denied, suspended, revoked, or otherwise acted against by a
809	licensing registering authority in any jurisdiction for a
810	violation of 18 U.S.C. s. 1956, 18 U.S.C. s. 1957, 18 U.S.C. s.
811	1960, 31 U.S.C. s. 5324, or any other law or, rule, or
812	regulation of another state or of the United States relating to
813	a money services business, deferred presentment provider, the
814	business of money transmission or usury that which may cause the
815	denial, suspension, or revocation of a money services business
816	or deferred presentment provider transmitter license or its
817	equivalent or registration in such jurisdiction.
818	(o)(n)  Having been convicted of or found guilty of, or
819	entered a plea of having pleaded guilty or nolo contendere to,
820	any felony or crime punishable by imprisonment of 1 year or more
821	under the law of any state or of the United States which
822	involves fraud, moral turpitude, or dishonest dealing,
823	regardless of adjudication without regard to whether a judgment
824	of conviction has been entered by the court.
825	(p)(o)  Having been convicted of or found guilty of, or
826	entered a plea of having pleaded guilty or nolo contendere to, a
827	crime under 18 U.S.C. s. 1956 or 31 U.S.C. s. 5324, regardless
828	of adjudication without regard to whether a judgment of
829	conviction has been entered by the court.
830	(q)(p)  Having been convicted of or found guilty of, or
831	entered a plea of having pleaded guilty or nolo contendere to,
832	misappropriation, conversion, or unlawful withholding of moneys
833	belonging that belong to others, regardless of adjudication and
834	were received in the conduct of the business of the money
835	transmitter.
836	(r)(q)  Failure to inform the office in writing within 30
837	15 days after having pled pleading guilty or nolo contendere to,
838	or being convicted or found guilty of, any felony or crime
839	punishable by imprisonment of 1 year or more under the law of
840	any state or of the United States, or of any crime involving
841	fraud, moral turpitude, or dishonest dealing, without regard to
842	whether a judgment of conviction has been entered by the court.
843	(s)(r)  Aiding, assisting, procuring, advising, or abetting
844	any person in violating a provision of this chapter code or any
845	order or rule of the office or commission.
846	(t)(s)  Failure to timely pay any fee, charge, or cost
847	imposed or assessed fine under this chapter the code.
848	(u)  Failing to pay a fine assessed by the office within 30
849	days after the due date as stated in a final order.
850	(v)(t)  Failure to pay any judgment entered by any court
851	within 30 days after the judgment becomes final.
852	(u)  Engaging or holding oneself out to be engaged in the
853	business of a money transmitter without the proper registration.
854	(v)  Any action that would be grounds for denial of a
855	registration or for revocation, suspension, or restriction of a
856	registration previously granted under part III of this chapter.
857	(w)  Failure to pay any fee, charge, or fine under the
858	code.
859	(w)(x)  Engaging or advertising engagement in the business
860	of a money services business or deferred presentment provider
861	transmitter without a license registration, unless the person is
862	exempted from licensure the registration requirements of the
863	code.
864	(x)(y)  Payment to the office for a license or other fee,
865	charge, cost, or fine permit with a check or electronic
866	transmission of funds that is dishonored by the applicant's or
867	licensee's financial institution.
868	(y)  Violations of 31 C.F.R. ss. 103.20, 103.22, 103.23,
869	103.27, 103.28, 103.29, 103.33, 103.37, 103.41, and 103.125, and
870	United States Treasury Interpretative Release 2004-1.
871	(z)  Any practice or conduct that creates the likelihood of
872	a material loss, insolvency, or dissipation of assets of a money
873	services business or otherwise materially prejudices the
874	interests of its customers.
875	(2)  The office may immediately suspend the license of any
876	money services business if the money services business fails to
877	provide to the office, upon written request, any of the records
878	required by ss. 560.123, 560.1235, 560.211, and 560.310. The
879	suspension may be rescinded if the licensee submits the
880	requested records to the office. For purposes of s. 120.60(6),
881	failure to provide any of the above-mentioned records
882	constitutes immediate and serious danger to the public health,
883	safety, and welfare.
884	(3)  The office may deny licensure if the applicant or an
885	affiliated party is the subject of a pending criminal
886	prosecution or governmental enforcement action in any
887	jurisdiction until the conclusion of the prosecution or action.
888	(4)(2)  The office may issue a cease and desist order or
889	removal order, suspend or revoke a license any previously issued
890	registration, or take any other action within the authority of
891	the office against a licensee money transmitter based on any
892	fact or condition that exists and that, if it had existed or
893	been known to exist at the time of license application the money
894	transmitter applied for registration, would have been grounds
895	for license denial of registration.
896	(5)(3)  A Each money services business licensed under part
897	II of this chapter transmitter is responsible for any act of its
898	authorized vendors if the money services business transmitter
899	should have known of the act or had if the money transmitter has
900	actual knowledge that such act is a violation of this chapter,
901	the code and the money services business transmitter willfully
902	allowed the such act to continue. Such responsibility is limited
903	to conduct engaged in by the authorized vendor pursuant to the
904	authority granted to it by the money services business
905	transmitter.
906	(6)(4)  If a license registration granted under this
907	chapter code expires or is surrendered by the licensee
908	registrant during the pendency of an administrative action under
909	this code, the proceeding may continue as if the license is
910	registration were still in effect.
911	(7)  The office may, in addition to or in lieu of the
912	denial, suspension, or revocation of a license, impose a fine of
913	at least $1,000 but not more than $10,000 for each violation of
914	this chapter.
915	(8)  In addition to any other provision of this chapter,
916	the office may impose a fine of up to $1,000 per day for each
917	day that a person engages in the business of a money services
918	business or deferred presentment provider without being
919	licensed.
920	Section 11.  Section 560.1141, Florida Statutes, is created
921	to read:
922	560.1141  Disciplinary guidelines.--
923	(1)  The commission shall adopt by rule disciplinary
924	guidelines applicable to each ground for disciplinary action
925	that may be imposed by the office.
926	(2)  The disciplinary guidelines shall specify a meaningful
927	range of designated penalties based upon the severity and
928	repetition of specific offenses and that distinguish minor
929	violations from those that endanger the public health, safety,
930	or welfare; that provide reasonable and meaningful notice to the
931	public of likely penalties that may be imposed for proscribed
932	conduct; and that ensure that such penalties are imposed in a
933	consistent manner by the office.
934	(3)  The commission shall adopt by rule mitigating and
935	aggravating circumstances that allow the office to impose a
936	penalty other than that provided for in the guidelines, and for
937	variations and a range of penalties permitted under such
938	circumstances.
939	Section 12.  Section 560.115, Florida Statutes, is amended
940	to read:
941	560.115  Surrender of license registration.--A licensee Any
942	money transmitter registered pursuant to the code may
943	voluntarily surrender its license registration at any time by
944	giving written notice to the office.
945	Section 13.  Section 560.116, Florida Statutes, is amended
946	to read:
947	560.116  Civil immunity.--Any person having reason to
948	believe that a provision of this chapter the code is being
949	violated, or has been violated, or is about to be violated, may
950	file a complaint with the office setting forth the details of
951	the alleged violation. Such person is immune An Immunity from
952	civil liability is hereby granted to any person who furnishes
953	such information, unless the information provided is false and
954	has been provided the person providing the information does so
955	with reckless disregard for the truth.
956	Section 14.  Section 560.118, Florida Statutes, is amended
957	to read:
958	560.118  Examinations, Reports, and internal audits;
959	penalty.--
960	(1)(a)  The office may conduct an examination of a money
961	transmitter or authorized vendor by providing not less than 15
962	days' advance notice to the money transmitter or authorized
963	vendor. However, if the office suspects that the money
964	transmitter or authorized vendor has violated any provisions of
965	this code or any criminal laws of this state or of the United
966	States or is engaging in an unsafe and unsound practice, the
967	office may, at any time without advance notice, conduct an
968	examination of all affairs, activities, transactions, accounts,
969	business records, and assets of any money transmitter or any
970	money transmitter-affiliated party for the protection of the
971	public. For the purpose of examinations, the office may
972	administer oaths and examine a money transmitter or any of its
973	affiliated parties concerning their operations and business
974	activities and affairs. The office may accept an audit or
975	examination from any appropriate regulatory agency or from an
976	independent third party with respect to the operations of a
977	money transmitter or an authorized vendor. The office may also
978	make a joint or concurrent examination with any state or federal
979	regulatory agency. The office may furnish a copy of all
980	examinations made of such money transmitter or authorized vendor
981	to the money transmitter and any appropriate regulatory agency
982	provided that such agency agrees to abide by the confidentiality
983	provisions as set forth in chapter 119.
984	(b)  Persons subject to this chapter who are examined shall
985	make available to the office or its examiners the accounts,
986	records, documents, files, information, assets, and matters
987	which are in their immediate possession or control and which
988	relate to the subject of the examination. Those accounts,
989	records, documents, files, information, assets, and matters not
990	in their immediate possession shall be made available to the
991	office or the office's examiners within 10 days after actual
992	notice is served on such persons.
993	(c)  The audit of a money transmitter required under this
994	section may be performed by an independent third party that has
995	been approved by the office or by a certified public accountant
996	authorized to do business in the United States. The examination
997	of a money transmitter or authorized vendor required under this
998	section may be performed by an independent third party that has
999	been approved by the office or by a certified public accountant
1000	authorized to do business in the United States. The cost of such
1001	an independent examination or audit shall be directly borne by
1002	the money transmitter or authorized vendor.
1003	(2)(a)  Annual financial audit reports must that are
1004	required to be filed with the office pursuant to this chapter or
1005	related rules under the code or any rules adopted thereunder
1006	must be audited by an independent third party that has been
1007	approved by the office or by a certified public accountant
1008	authorized to do business in the United States. The licensee
1009	money transmitter or authorized vendor shall directly bear the
1010	cost of the audit. This paragraph does not apply to any seller
1011	of payment instruments who can prove to the satisfaction of the
1012	office that it has a combined total of fewer than 50 employees
1013	and authorized vendors or that its annual payment instruments
1014	issued from its activities as a payment instrument seller are
1015	less than $200,000.
1016	(2)(b)  Each licensee must submit The commission may, by
1017	rule, require each money transmitter or authorized vendor to
1018	submit quarterly reports to the office in a format and include
1019	information as specified by rule. The rule commission may
1020	require the that each report to contain a declaration by an
1021	officer, or any other responsible person authorized to make such
1022	declaration, that the report is true and correct to the best of
1023	her or his knowledge and belief. Such report must include such
1024	information as the commission by rule requires for that type of
1025	money transmitter.
1026	(c)  The office may levy an administrative fine of up to
1027	$100 per day for each day the report is past due, unless it is
1028	excused for good cause. In excusing any such administrative
1029	fine, the office may consider the prior payment history of the
1030	money transmitter or authorized vendor.
1031	(3)  Any person who willfully violates this section or
1032	fails to comply with any lawful written demand or order of the
1033	office made under this section commits a felony of the third
1034	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1035	775.084.
1036	Section 15.  Section 560.119, Florida Statutes, is
1037	transferred, renumbered as section 560.144, Florida Statutes,
1038	and amended to read:
1039	560.144 560.119  Deposit of fees and assessments.--License
1040	The application fees, license registration renewal fees, late
1041	payment penalties, civil penalties, administrative fines, and
1042	other fees, costs, or penalties provided for in this chapter the
1043	code shall, in all cases, be paid directly to the office, which
1044	shall deposit such proceeds into the Regulatory Trust Fund, and
1045	use the proceeds to pay the costs of the office as necessary to
1046	carry out its responsibilities under this chapter. Each year,
1047	the Legislature shall appropriate from the trust fund to the
1048	office sufficient moneys to pay the office's costs for
1049	administration of the code. The Regulatory Trust Fund is subject
1050	to the service charge imposed pursuant to chapter 215.
1051	Section 16.  Section 560.121, Florida Statutes, is amended
1052	to read:
1053	560.121  Access to records; record retention; penalties
1054	limited restrictions upon public access.--
1055	(1)(a)  Orders of courts or of administrative law judges
1056	for the production of confidential records or information must
1057	shall provide for inspection in camera by the court or the
1058	administrative law judge; and, if after the court or
1059	administrative law judge determines has made a determination
1060	that the documents requested are relevant or would likely lead
1061	to the discovery of admissible evidence, said documents shall be
1062	subject to further orders by the court or the administrative law
1063	judge must issue further orders to protect the confidentiality
1064	of the documents thereof. Any order directing the release of
1065	information is shall be immediately reviewable, and a petition
1066	by the office for review of the such order shall automatically
1067	stay further proceedings in the trial court or the
1068	administrative hearing until the disposition of the such
1069	petition by the reviewing court. If any other party files such A
1070	petition for review of the order filed by any other party shall,
1071	it will operate as a stay of the such proceedings only upon
1072	order of the reviewing court.
1073	(2)(b)  Confidential records and information furnished
1074	pursuant to a legislative subpoena must shall be kept
1075	confidential by the legislative body or committee which receives
1076	the records or information, except in cases a case involving the
1077	investigation of charges against a public official subject to
1078	impeachment or removal, and then disclosure of such information
1079	shall be only to the extent determined to be necessary by the
1080	legislative body or committee to be necessary.
1081	(3)(2)  The commission may prescribe by rule the minimum
1082	information that must be shown in the books, accounts, records,
1083	and documents of licensees for purposes of enabling the office
1084	to determine the licensee's compliance with this chapter. In
1085	addition, the commission may prescribe by rule requirements for
1086	the destruction of books, accounts, records, and documents
1087	retained by the licensee after completion of the time period
1088	specified in this subsection. Examination reports, investigatory
1089	records, applications, and related information compiled by the
1090	office, or photographic copies thereof, must shall be retained
1091	by the office for a period of at least 5 3 years after following
1092	the date that the examination or investigation ceases to be
1093	active. Application records, and related information compiled by
1094	the office, or photographic copies thereof, must shall be
1095	retained by the office for a period of at least 5 2 years after
1096	following the date that the license registration ceases to be
1097	active.
1098	(3)  A copy of any document on file with the office which
1099	is certified by the office as being a true copy may be
1100	introduced in evidence as if it were the original. The
1101	commission shall establish a schedule of fees for preparing true
1102	copies of documents.
1103	(4)  Any person who willfully discloses information made
1104	confidential by this section commits a felony of the third
1105	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1106	775.084.
1107	Section 17.  Section 560.123, Florida Statutes, is amended
1108	to read:
1109	560.123  Florida Control of Money Laundering in the Money
1110	Services Business Act Transmitters' Code; reports of
1111	transactions involving currency or monetary instruments; when
1112	required; purpose; definitions; penalties; corpus delicti.--
1113	(1)  This section may be cited as the "Florida Control of
1114	Money Laundering in Money Services Business Transmitters Act."
1115	(2)  It is The purpose of this section is to require the
1116	submission to the office of reports and the maintenance of
1117	certain records of transactions involving currency or payment
1118	monetary instruments in order to which reports and records deter
1119	the use of a money services business money transmitters to
1120	conceal proceeds from criminal activity and to ensure the
1121	availability of such records for are useful in criminal, tax, or
1122	regulatory investigations or proceedings.
1123	(3)(a)  A Every money services business must transmitter
1124	shall keep a record of every each financial transaction
1125	occurring in this state known to it which occurs in this state;
1126	involves to involve currency or other payment monetary
1127	instrument, as prescribed the commission prescribes by rule,
1128	having of a value greater than in excess of $10,000; and
1129	involves, to involve the proceeds of specified unlawful
1130	activity, or is to be designed to evade the reporting
1131	requirements of this section or chapter 896. The money services
1132	business must and shall maintain appropriate procedures to
1133	ensure compliance with this section and chapter 896.
1134	(a)(b)  Multiple financial transactions shall be treated as
1135	a single transaction if the money services business transmitter
1136	has knowledge that they are made by or on behalf of any one
1137	person and result in either cash in or cash out totaling more
1138	than $10,000 during any day.
1139	(b)(c)  A Any money services business transmitter may keep
1140	a record of any financial transaction occurring in this state,
1141	regardless of the value, if it suspects that the transaction
1142	involves the proceeds of specified unlawful activity.
1143	(c)  The money services business must file a report with
1144	the office of any records required by this subsection, at such
1145	time and containing such information as required by rule. The
1146	timely filing of the report required by 31 U.S.C. s. 5313 with
1147	the appropriate federal agency shall be deemed compliance with
1148	the reporting requirements of this subsection unless the reports
1149	are not regularly and comprehensively transmitted by the federal
1150	agency to the office.
1151	(d)  A money services business transmitter, or officer,
1152	employee, or agent thereof, that files a report in good faith
1153	pursuant to this section is not liable to any person for loss or
1154	damage caused in whole or in part by the making, filing, or
1155	governmental use of the report, or any information contained
1156	therein.
1157	(4)(3)  A money services business transmitters must comply
1158	with adhere to the money laundering, enforcement, and reporting
1159	provisions of s. 655.50, relating to reports of transactions
1160	involving currency transactions and payment monetary
1161	instruments, and of chapter 896, concerning offenses relating to
1162	financial transactions.
1163	(5)(4)  In enforcing this section, the commission and
1164	office shall acknowledge and take into consideration the
1165	requirements of Title 31, United States Code, in order both to
1166	reduce the burden of fulfilling duplicate requirements and to
1167	acknowledge the economic advantage of having similar reporting
1168	and recordkeeping requirements between state and federal
1169	regulatory authorities.
1170	(5)(a)  Each money transmitter must file a report with the
1171	office of the record required by this section. Each record filed
1172	pursuant to this section must be filed at such time and contain
1173	such information as the commission requires by rule.
1174	(b)  The timely filing of the report required by 31 U.S.C.
1175	s. 5313, with the appropriate federal agency is deemed
1176	compliance with the reporting requirements of this subsection
1177	unless the reports are not regularly and comprehensively
1178	transmitted by the federal agency to the office.
1179	(6)  The office must retain a copy of all reports received
1180	under subsection (3) (5) for a minimum of 5 3 calendar years
1181	after receipt of the report. However, if a report or information
1182	contained in a report is known by the office to be the subject
1183	of an existing criminal proceeding, the report must be retained
1184	for a minimum of 10 calendar years after from the date of
1185	receipt.
1186	(7)  In addition to any other powers conferred upon the
1187	office to enforce and administer this chapter the code, the
1188	office may:
1189	(a)  Bring an action in any court of competent jurisdiction
1190	to enforce or administer this section. In such action, the
1191	office may seek award of any civil penalty authorized by law and
1192	any other appropriate relief at law or equity.
1193	(b)  Issue and serve upon a person an order requiring the
1194	such person to cease and desist and take corrective action if
1195	whenever the office finds that the such person is violating, has
1196	violated, or is about to violate any provision of this section
1197	or chapter 896; any rule or order adopted under this section or
1198	chapter 896; or any written agreement related to this section or
1199	chapter 896 which is entered into with the office.
1200	(c)  Issue and serve upon a person an order suspending or
1201	revoking the such person's money services business license if
1202	transmitter registration whenever the office finds that the such
1203	person is violating, has violated, or is about to violate any
1204	provision of this section or chapter 896; any rule or order
1205	adopted under this section or chapter 896; or any written
1206	agreement related to this section or chapter 896 which is
1207	entered into with the office.
1208	(d)  Issue and serve upon any person an order of removal
1209	whenever the office finds that the such person is violating, has
1210	violated, or is about to violate any provision of this section
1211	or chapter 896; any rule or order adopted under this section or
1212	chapter 896; or any written agreement related to this section or
1213	chapter 896 which is entered into with the office.
1214	(e)  Impose and collect an administrative fine against any
1215	person found to have violated any provision of this section or
1216	chapter 896; any rule or order adopted under this section or
1217	chapter 896; or any written agreement related to this section or
1218	chapter 896 which is entered into with the office, of up to in
1219	an amount not exceeding $10,000 per a day for each willful
1220	violation or $500 per a day for each negligent violation.
1221	(8)(a)  Except as provided in paragraph (b), a person who
1222	willfully violates any provision of this section commits a
1223	misdemeanor of the first degree, punishable as provided in s.
1224	775.082 or s. 775.083.
1225	(b)  A person who willfully violates any provision of this
1226	section, if the violation involves:
1227	1.  Currency or payment instruments exceeding $300 but less
1228	than $20,000 in any 12-month period, commits a felony of the
1229	third degree, punishable as provided in s. 775.082, s. 775.083,
1230	or s. 775.084.
1231	2.  Currency or payment instruments totaling or exceeding
1232	$20,000 but less than $100,000 in any 12-month period, commits a
1233	felony of the second degree, punishable as provided in s.
1234	775.082, s. 775.083, or s. 775.084.
1235	3.  Currency or payment instruments totaling or exceeding
1236	$100,000 in any 12-month period, commits a felony of the first
1237	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1238	775.084.
1239	(c)  In addition to the penalties otherwise authorized by
1240	s. 775.082, s. 775.083, or s. 775.084, a person who has been
1241	convicted of, or entered a plea of who has pleaded guilty or
1242	nolo contendere, regardless of adjudication, to having violated
1243	paragraph (b) may be sentenced to pay a fine of up to not
1244	exceeding $250,000 or twice the value of the currency or payment
1245	instruments, whichever is greater, except that on a second or
1246	subsequent conviction for or plea of guilty or nolo contendere,
1247	regardless of adjudication, to a violation of paragraph (b), the
1248	fine may be up to $500,000 or quintuple the value of the
1249	currency or payment instruments, whichever is greater.
1250	(d)  A person who violates this section is also liable for
1251	a civil penalty of not more than the greater of the value of the
1252	currency or payment instruments involved or $25,000.
1253	(9)  In any prosecution brought pursuant to this section,
1254	the common law corpus delicti rule does not apply. The
1255	defendant's confession or admission is admissible during trial
1256	without the state having to prove the corpus delicti if the
1257	court finds in a hearing conducted outside the presence of the
1258	jury that the defendant's confession or admission is
1259	trustworthy. Before the court admits the defendant's confession
1260	or admission, the state must prove by a preponderance of the
1261	evidence that there is sufficient corroborating evidence that
1262	tends to establish the trustworthiness of the statement by the
1263	defendant. Hearsay evidence is admissible during the
1264	presentation of evidence at the hearing. In making its
1265	determination, the court may consider all relevant corroborating
1266	evidence, including the defendant's statements.
1267	Section 18.  Section 560.1235, Florida Statutes, is created
1268	to read:
1269	560.1235  Anti-money laundering requirements.--
1270	(1)  A licensee and authorized vendor must comply with all
1271	state and federal laws and rules relating to the detection and
1272	prevention of money laundering, including, as applicable, s.
1273	560.123, and 31 C.F.R. ss. 103.20, 103.22, 103.23, 103.27.
1274	103.28, 103.29, 103.33, 103.37, and 103.41.
1275	(2)  A licensee and authorized vendor must maintain an
1276	anti-money laundering program in accordance with 31 C.F.R. s.
1277	103.125. The program must be reviewed and updated as necessary
1278	to ensure that the program continues to be effective in
1279	detecting and deterring money laundering activities.
1280	(3)  A licensee must comply with United States Treasury
1281	Interpretive Release 2004-1.
1282	Section 19.  Section 560.124, Florida Statutes, is amended
1283	to read:
1284	560.124  Sharing of information.--
1285	(1)  It is not unlawful for Any person may to provide
1286	information to a money services business transmitter, authorized
1287	vendor, law enforcement agency, prosecutorial agency, or
1288	appropriate regulator, or for any money services business
1289	transmitter, authorized vendor, law enforcement agency,
1290	prosecutorial agency, or appropriate regulator may to provide
1291	information to any person, information about any other person's
1292	known or suspected involvement in a violation of any state,
1293	federal, or foreign law, rule, or regulation relating to the
1294	business of a money services business or deferred present
1295	provider transmitter which has been reported to state, federal,
1296	or foreign authorities, and is not.
1297	(2)  No person shall be liable in any civil action for
1298	providing such information.
1299	Section 20.  Section 560.125, Florida Statutes, is amended
1300	to read:
1301	560.125  Unlicensed activity Money transmitter business by
1302	unauthorized persons; penalties.--
1303	(1)  A person other than a registered money transmitter or
1304	authorized vendor may not engage in the business of a money
1305	services business or deferred presentment provider transmitter
1306	in this state unless the person is licensed or exempted from
1307	licensure under this chapter from the registration requirements
1308	of the code.
1309	(2)  Only a money services business licensed under part II
1310	of this chapter may appoint an authorized vendor. No person
1311	shall act as a vendor of a money transmitter when such money
1312	transmitter is subject to registration under the code but has
1313	not registered. Any such person acting as a vendor for an
1314	unlicensed money transmitter or payment instrument issuer
1315	becomes the principal thereof, and no longer merely acts as a
1316	vendor, and such person is liable to the holder or remitter as a
1317	principal money transmitter or payment instrument seller.
1318	(3)  Any person whose substantial interests are affected by
1319	a proceeding brought by the office pursuant to this chapter the
1320	code may, pursuant to s. 560.113, petition any court of
1321	competent jurisdiction to enjoin the person or activity that is
1322	the subject of the proceeding from violating any of the
1323	provisions of this section. For the purpose of this subsection,
1324	any money services business licensed under this chapter
1325	transmitter registered pursuant to the code, any person residing
1326	in this state, and any person whose principal place of business
1327	is in this state are presumed to be substantially affected. In
1328	addition, the interests of a trade organization or association
1329	are deemed substantially affected if the interests of any of its
1330	members are so affected.
1331	(4)  The office may issue and serve upon any person who
1332	violates any of the provisions of this section a complaint
1333	seeking a cease and desist order or impose an administrative
1334	fine as provided in s. 560.114 in accordance with the procedures
1335	and in the manner prescribed by s. 560.112. The office may also
1336	impose an administrative fine pursuant to s. 560.117(3) against
1337	any person who violates any of the provisions of this section.
1338	(5)  A person who violates this section, if the violation
1339	involves:
1340	(a)  Currency or payment instruments exceeding $300 but
1341	less than $20,000 in any 12-month period, commits a felony of
1342	the third degree, punishable as provided in s. 775.082, s.
1343	775.083, or s. 775.084.
1344	(b)  Currency or payment instruments totaling or exceeding
1345	$20,000 but less than $100,000 in any 12-month period, commits a
1346	felony of the second degree, punishable as provided in s.
1347	775.082, s. 775.083, or s. 775.084.
1348	(c)  Currency or payment instruments totaling or exceeding
1349	$100,000 in any 12-month period, commits a felony of the first
1350	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1351	775.084.
1352	(6)  In addition to the penalties authorized by s. 775.082,
1353	s. 775.083, or s. 775.084, a person who has been convicted of,
1354	or entered a plea of found guilty of or who has pleaded guilty
1355	or nolo contendere, to having violated this section may be
1356	sentenced to pay a fine of up to not exceeding $250,000 or twice
1357	the value of the currency or payment instruments, whichever is
1358	greater, except that on a second or subsequent violation of this
1359	section, the fine may be up to $500,000 or quintuple the value
1360	of the currency or payment instruments, whichever is greater.
1361	(7)  A person who violates this section is also liable for
1362	a civil penalty of not more than the value of the currency or
1363	payment instruments involved or $25,000, whichever is greater.
1364	(8)  In any prosecution brought pursuant to this section,
1365	the common law corpus delicti rule does not apply. The
1366	defendant's confession or admission is admissible during trial
1367	without the state having to prove the corpus delicti if the
1368	court finds in a hearing conducted outside the presence of the
1369	jury that the defendant's confession or admission is
1370	trustworthy. Before the court admits the defendant's confession
1371	or admission, the state must prove by a preponderance of the
1372	evidence that there is sufficient corroborating evidence that
1373	tends to establish the trustworthiness of the statement by the
1374	defendant. Hearsay evidence is admissible during the
1375	presentation of evidence at the hearing. In making its
1376	determination, the court may consider all relevant corroborating
1377	evidence, including the defendant's statements.
1378	Section 21.  Section 560.126, Florida Statutes, is amended
1379	to read:
1380	560.126  Significant events; notice Required notice by
1381	licensee.--
1382	(1)  A licensee Unless exempted by the office, every money
1383	transmitter must provide the office with a written notice sent
1384	by registered mail within 30 days after the occurrence or
1385	knowledge of, whichever period of time is greater, any of the
1386	following events:
1387	(a)  The filing of a petition under the United States
1388	Bankruptcy Code for bankruptcy or reorganization by the licensee
1389	money transmitter.
1390	(b)  The commencement of an administrative or judicial
1391	license any registration suspension or revocation proceeding,
1392	either administrative or judicial, or the denial of a license
1393	any original registration request or a registration renewal, by
1394	any state, the District of Columbia, any United States
1395	territory, or any foreign country, in which the licensee money
1396	transmitter operates, or plans to operate, or is licensed or has
1397	registered to operate.
1398	(c)  A felony indictment relating to a the money services
1399	transmission business or deferred presentment provider involving
1400	the licensee, its authorized vendor, or an affiliated money
1401	transmitter or a money transmitter-affiliated party of the money
1402	transmitter.
1403	(d)  The felony conviction, guilty plea, or plea of nolo
1404	contendere, regardless of adjudication, of the licensee, its
1405	authorized vendor, or an affiliated if the court adjudicates the
1406	nolo contendere pleader guilty, or the adjudication of guilt of
1407	a money transmitter or money transmitter-affiliated party.
1408	(e)  The interruption of any corporate surety bond required
1409	under this chapter by the code.
1410	(f)  Any suspected criminal act, as defined by the
1411	commission by rule, perpetrated in this state relating to
1412	activities regulated under this chapter by an affiliated party
1413	against a money services business transmitter or authorized
1414	vendor.
1415	(g)  Notification by a law enforcement or prosecutorial
1416	agency that the licensee or its authorized vendor is under
1417	criminal investigation including, but not limited to, subpoenas
1418	to produce records or testimony and warrants issued by a court
1419	of competent jurisdiction which authorize the search and seizure
1420	of any records relating to a business activity regulated under
1421	this chapter.
1422
1423	However, a person does not incur liability as a result of making
1424	a good faith effort to fulfill this disclosure requirement.
1425	(2)(a)  A licensee must Each registrant under this code
1426	shall report, on a form adopted prescribed by rule of the
1427	commission, any change in the information contained in an any
1428	initial license application form, or any amendment to such
1429	application, or the appointment of an authorized vendor within
1430	thereto not later than 30 days after the change is effective.
1431	(3)(b)  Each licensee must registrant under the code shall
1432	report any change changes in the partners, officers, members,
1433	joint venturers, directors, controlling shareholders, or
1434	responsible persons of the licensee any registrant or changes in
1435	the form of business organization by written amendment in such
1436	form and at such time as specified the commission specifies by
1437	rule.
1438	(a)1.  If In any case in which a person or a group of
1439	persons, directly or indirectly or acting by or through one or
1440	more persons, proposes to purchase or acquire a controlling
1441	interest in a licensee, such person or group must submit an
1442	initial application for licensure registration as a money
1443	services business or deferred presentment provider transmitter
1444	before such purchase or acquisition at such time and in such
1445	form as prescribed the commission prescribes by rule.
1446	2.  As used in this subsection, the term "controlling
1447	interest" means the same as described in s. 560.127 possession
1448	of the power to direct or cause the direction of the management
1449	or policies of a company whether through ownership of
1450	securities, by contract, or otherwise. Any person who directly
1451	or indirectly has the right to vote 25 percent or more of the
1452	voting securities of a company or is entitled to 25 percent or
1453	more of its profits is presumed to possess a controlling
1454	interest.
1455	(b)3.  The Any addition of a partner, officer, member,
1456	joint venturer, director, controlling shareholder, or
1457	responsible person of the applicant who does not have a
1458	controlling interest and who has not previously complied with
1459	the applicable provisions of ss. 560.140 and 560.141 is ss.
1460	560.205 and 560.306 shall be subject to such provisions unless
1461	required to file an initial application in accordance with
1462	subparagraph 1. If the office determines that the licensee
1463	registrant does not continue to meet the licensure registration
1464	requirements, the office may bring an administrative action in
1465	accordance with s. 560.114 to enforce the provisions of this
1466	chapter code.
1467	(c)4.  The commission shall adopt rules pursuant to ss.
1468	120.536(1) and 120.54 providing for the waiver of the license
1469	application required by this subsection if the person or group
1470	of persons proposing to purchase or acquire a controlling
1471	interest in a licensee registrant has previously complied with
1472	the applicable provisions of ss. 560.140 and 560.141 under ss.
1473	560.205 and 560.306 with the same legal entity or is currently
1474	licensed registered with the office under this chapter code. For
1475	purposes of this subsection, upon approval of an application
1476	filed after April 1, 2008, as a result of a change in
1477	controlling interest of a money service business, the active
1478	appointment of all authorized vendors and active licenses of all
1479	branch offices affiliated with the affected money service
1480	business shall be transferred to the new license without
1481	necessitating the filing of new applications and fees on behalf
1482	of such authorized vendors and branch offices.
1483	Section 22.  Section 560.127, Florida Statutes, is amended
1484	to read:
1485	560.127  Control of a money services business
1486	transmitter.--A person has a controlling interest in control
1487	over a money services business transmitter if the person:
1488	(1)  The individual, partnership, corporation, trust, or
1489	other organization Possesses the power, directly or indirectly,
1490	to direct the management or policies of the money services
1491	business a company, whether through ownership of securities, by
1492	contract, or otherwise;. A person is presumed to control a
1493	company if, with respect to a particular company, that person:
1494	(a)  Is a director, general partner, or officer exercising
1495	executive responsibility or having similar status or functions;
1496	(2)(b)  Directly or indirectly may vote 25 percent or more
1497	of a class of a voting security or sell or direct the sale of 25
1498	percent or more of a class of voting securities; or
1499	(3)(c)  In the case of a partnership, may receive upon
1500	dissolution or has contributed 25 percent or more of the
1501	capital.
1502	(2)  The office determines, after notice and opportunity
1503	for hearing, that the person directly or indirectly exercises a
1504	controlling influence over the activities of the money
1505	transmitter.
1506	Section 23.  Section 560.128, Florida Statutes, is amended
1507	to read:
1508	560.128  Customer contacts; license display Consumer
1509	disclosure.--
1510	(1)  A money services business and authorized vendor must
1511	provide each customer with Every money transmitter and
1512	authorized vendor shall provide each consumer of a money
1513	transmitter transaction a toll-free telephone number for the
1514	purpose of contacting the money services business or authorized
1515	vendor or, consumer contacts; However, in lieu of a such toll-
1516	free telephone number, the money transmitter or authorized
1517	vendor may provide the address and telephone number of the
1518	office may be provided and the Division of Consumer Services of
1519	the Department of Financial Services.
1520	(2)  The commission may by rule require a licensee every
1521	money transmitter to display its license registration at each
1522	location, including the location of each person designated by
1523	the registrant as an authorized vendor, where the licensee the
1524	money transmitter engages in the activities authorized by the
1525	license registration.
1526	Section 24.  Section 560.129, Florida Statutes, is amended
1527	to read:
1528	560.129  Confidentiality.--
1529	(1)(a)  Except as otherwise provided in this section, all
1530	information concerning an investigation or examination conducted
1531	by the office pursuant to this chapter, including any customer
1532	consumer complaint received by the office or the Department of
1533	Financial Services, is confidential and exempt from s. 119.07(1)
1534	and s. 24(a), Art. I of the State Constitution until the
1535	investigation or examination ceases to be active. For purposes
1536	of this section, an investigation or examination is considered
1537	"active" so long as the office or any other administrative,
1538	regulatory, or law enforcement agency of any jurisdiction is
1539	proceeding with reasonable dispatch and has a reasonable good
1540	faith belief that action may be initiated by the office or other
1541	administrative, regulatory, or law enforcement agency.
1542	(2)(b)  Notwithstanding paragraph (a), All information
1543	obtained by the office in the course of its investigation or
1544	examination which is a trade secret, as defined in s. 688.002,
1545	or which is personal financial information shall remain
1546	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
1547	of the State Constitution. If any administrative, civil, or
1548	criminal proceeding against a the money services business, its
1549	authorized vendor, transmitter or an affiliated a money
1550	transmitter-affiliated party is initiated and the office seeks
1551	to use matter that a licensee registrant believes to be a trade
1552	secret or personal financial information, such records shall be
1553	subject to an in camera review by the administrative law judge,
1554	if the matter is before the Division of Administrative Hearings,
1555	or a judge of any court of this state, any other state, or the
1556	United States, as appropriate, for the purpose of determining if
1557	the matter is a trade secret or is personal financial
1558	information. If it is determined that the matter is a trade
1559	secret, the matter shall remain confidential. If it is
1560	determined that the matter is personal financial information,
1561	the matter shall remain confidential unless the administrative
1562	law judge or judge determines that, in the interests of justice,
1563	the matter should become public.
1564	(3)(c)  If an any administrative, civil, or criminal
1565	proceeding against a the money services business, its authorized
1566	vendor, transmitter or an affiliated a money transmitter-
1567	affiliated party results in an acquittal or the dismissal of all
1568	of the allegations against the money transmitter or a money
1569	transmitter-affiliated party, upon the request of any party, the
1570	administrative law judge or the judge may order all or a portion
1571	of the record of the proceeding to be sealed, and it shall
1572	thereafter be confidential and exempt from s. 119.07(1) and s.
1573	24(a), Art. I of the State Constitution.
1574	(4)(d)  Except as necessary for the office or any other
1575	administrative, regulatory, or law enforcement agency of any
1576	jurisdiction to enforce the provisions of this chapter or the
1577	law of any other state or the United States, a consumer
1578	complaint and other information concerning an investigation or
1579	examination shall remain confidential and exempt from s.
1580	119.07(1) and s. 24(a), Art. I of the State Constitution after
1581	the investigation or examination ceases to be active to the
1582	extent that disclosure would:
1583	(a)1.  Jeopardize the integrity of another active
1584	investigation;
1585	(b)2.  Reveal personal financial information;
1586	(c)3.  Reveal the identity of a confidential source; or
1587	(d)4.  Reveal investigative techniques or procedures.
1588	(5)(2)  This section does not prevent or restrict:
1589	(a)  Furnishing records or information to any appropriate
1590	regulatory, prosecutorial, agency or law enforcement agency if
1591	such agency adheres to the confidentiality provisions of this
1592	chapter the code;
1593	(b)  Furnishing records or information to an appropriate
1594	regulator or independent third party or a certified public
1595	accountant who has been approved by the office to conduct an
1596	examination under s. 560.1091 s. 560.118(1)(b), if the
1597	independent third party or certified public accountant adheres
1598	to the confidentiality provisions of this chapter the code; or
1599	(c)  Reporting any suspicious suspected criminal activity,
1600	with supporting documents and information, to appropriate
1601	regulatory, law enforcement, or prosecutorial agencies.
1602	(6)(3)  All quarterly reports submitted by a money
1603	transmitter to the office under s. 560.118(2) s. 560.118(2)(b)
1604	are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
1605	I of the State Constitution.
1606	(4)  Examination reports, investigatory records,
1607	applications, and related information compiled by the office, or
1608	photographic copies thereof, shall be retained by the office for
1609	a period of at least 3 years following the date that the
1610	examination or investigation ceases to be active. Application
1611	records, and related information compiled by the office, or
1612	photographic copies thereof, shall be retained by the office for
1613	a period of at least 2 years following the date that the
1614	registration ceases to be active.
1615	(7)(5)  Any person who willfully discloses information made
1616	confidential by this section commits a felony of the third
1617	degree, punishable as provided in s. 775.082 or s. 775.083.
1618	Section 25.  Section 560.140, Florida Statutes, is created
1619	to read:
1620	560.140  Licensing standards.--To qualify for licensure as
1621	a money services business under this chapter, an applicant must:
1622	(1)  Demonstrate to the office the character and general
1623	fitness necessary to command the confidence of the public and
1624	warrant the belief that the money services business or deferred
1625	presentment provider shall be operated lawfully and fairly.
1626	(2)  Be legally authorized to do business in this state.
1627	(3)  Be registered as a money services business with the
1628	Financial Crimes Enforcement Network as required by 31 C.F.R. s.
1629	103.41, if applicable.
1630	(4)  Have an anti-money laundering program in place which
1631	meets the requirements of 31 C.F.R. s. 103.125.
1632	(5)  Provide the office with all the information required
1633	under this chapter and related rules.
1634	Section 26.  Section 560.141, Florida Statutes, is created
1635	to read:
1636	560.141  License application.--
1637	(1)  To apply for a license as a money services business
1638	under this chapter the applicant must:
1639	(a)  Submit an application to the office on forms
1640	prescribed by rule which includes the following information:
1641	1.  The legal name and address of the applicant, including
1642	any fictitious or trade names used by the applicant in the
1643	conduct of its business.
1644	2.  The date of the applicant's formation and the state in
1645	which the applicant was formed, if applicable.
1646	3.  The name, social security number, alien identification
1647	or taxpayer identification number, business and residence
1648	addresses, and employment history for the past 5 years for each
1649	officer, director, responsible person, the compliance officer,
1650	each controlling shareholder, any other person who has a
1651	controlling interest in the money services business as provided
1652	in s. 560.127.
1653	4.  A description of the organizational structure of the
1654	applicant, including the identity of any parent or subsidiary of
1655	the applicant, and the disclosure of whether any parent or
1656	subsidiary is publicly traded.
1657	5.  The applicant's history of operations in other states
1658	if applicable and a description of the money services business
1659	or deferred presentment provider activities proposed to be
1660	conducted by the applicant in this state.
1661	6.  If the applicant or its parent is a publicly traded
1662	company, copies of all filings made by the applicant with the
1663	United States Securities and Exchange Commission, or with a
1664	similar regulator in a country other than the United States,
1665	within the preceding year.
1666	7.  The location at which the applicant proposes to
1667	establish its principal place of business and any other
1668	location, including branch offices and authorized vendors
1669	operating in this state. For each branch office identified and
1670	each authorized vendor appointed, the applicant shall include
1671	the nonrefundable fee required by s. 560.143.
1672	8.  The name and address of the clearing financial
1673	institution or financial institutions through which the
1674	applicant's payment instruments are drawn or through which the
1675	payment instruments are payable.
1676	9.  The history of the applicant's material litigation,
1677	criminal convictions, pleas of nolo contendere, and cases of
1678	adjudication withheld.
1679	10.  The history of material litigation, arrests, criminal
1680	convictions, pleas of nolo contendere, and cases of adjudication
1681	withheld for each executive officer, director, controlling
1682	shareholder, and responsible person.
1683	11.  The name of the registered agent in this state for
1684	service of process unless the applicant is a sole proprietor.
1685	12.  Any other information specified in this chapter or by
1686	rule.
1687	(b)  In addition to the application form, submit:
1688	1.  A nonrefundable application fee as provided in s.
1689	560.143.
1690	2.  A fingerprint card for each of the persons listed in
1691	subparagraph (a)3. unless the applicant is a publicly traded
1692	corporation, or is exempted from this chapter under s.
1693	560.104(1). The fingerprints must be taken by an authorized law
1694	enforcement agency. The office shall submit the fingerprints to
1695	the Department of Law Enforcement for state processing and the
1696	Department of Law Enforcement shall forward the fingerprints to
1697	the Federal Bureau of Investigations for federal processing. The
1698	cost of the fingerprint processing may be borne by the office,
1699	the employer, or the person subject to the criminal records
1700	background check. The office shall screen the background results
1701	to determine if the applicant meets licensure requirements. As
1702	used in this section, the term "publicly traded" means a stock
1703	is currently traded on a national securities exchange registered
1704	with the federal Securities and Exchange Commission or traded on
1705	an exchange in a country other than the United States regulated
1706	by a regulator equivalent to the Securities and Exchange
1707	Commission and the disclosure and reporting requirements of such
1708	regulator are substantially similar to those of the commission.
1709	3.  A copy of the applicant's written anti-money laundering
1710	program required under 31 C.F.R. s. 103.125.
1711	4.  Within the time allotted by rule, any information
1712	needed to resolve any deficiencies found in the application.
1713	(2)  If the office determines that the applicant meets the
1714	qualifications and requirements of this chapter, the office
1715	shall issue a license to the applicant. A license may not be
1716	issued for more than 2 years.
1717	(a)  A license issued under part II of this chapter shall
1718	expire on April 30 of the second year following the date of
1719	issuance of the license unless during such period the license is
1720	surrendered, suspended, or revoked.
1721	(b)  A license issued under part III of this chapter shall
1722	expire on December 31 of the second year following the date of
1723	issuance of the license unless during such period the license is
1724	surrendered, suspended, or revoked.
1725	Section 27.  Section 560.142, Florida Statutes, is created
1726	to read:
1727	560.142  License renewal.--
1728	(1)  A license may be renewed for a subsequent 2-year
1729	period by furnishing such application as required by rule,
1730	together with the payment of a nonrefundable renewal fee as
1731	provided under s. 560.143, on or before the license expiration
1732	date, or for the remainder of any such period without proration
1733	following the date of license expiration.
1734	(2)  In addition to the renewal fee, each part II licensee
1735	must pay a 2-year nonrefundable renewal fee as provided in s.
1736	560.143 for each authorized vendor or location operating within
1737	this state.
1738	(3)  A licensee who has on file with the office a
1739	declaration of intent to engage in deferred presentment
1740	transactions may renew a declaration upon license renewal by
1741	submitting a nonrefundable deferred presentment provider renewal
1742	fee as provided in s. 560.143.
1743	(4)  If a license or declaration of intent to engage in
1744	deferred presentment transactions expires, the license or
1745	declaration of intent may be reinstated only if a renewal
1746	application or declaration of intent, all required renewal fees,
1747	and any applicable late fees are received by the office within
1748	60 days after expiration. If not submitted within 60 days, the
1749	license or declaration on intent expires and a new license
1750	application or declaration of intent must be filed with the
1751	office pursuant to this chapter.
1752	(5) The commission may adopt rules to administer this
1753	section.
1754	Section 28.  Section 560.143, Florida Statutes, is created
1755	to read:
1756	560.143  Fees.--
1757	(1)  LICENSE APPLICATION FEES.--The applicable non-
1758	refundable fees must accompany an application for licensure:
1759	(a)  Under part II                                      $375.
1760	(b)  Part III                                           $188.
1761	(c)  Per branch office                                  $38.
1762	(d)  For each appointment of an authorized vendor         $38.
1763	(e)  Declaration as a deferred presentment provider  $750.
1764	(f)  Fingerprint fees as prescribed by rule.
1765	(2)  LICENSE RENEWAL FEES.--The applicable non-refundable
1766	license renewal fees must accompany a renewal of licensure:
1767	(a)  Part II                                            $750.
1768	(b)  Part III                                            $375.
1769	(c)  Per branch office                                   $38.
1770	(d)  For each appointment of an authorized vendors     $38.
1771	(e)  Declaration as a deferred presentment provider $1,000.
1772	(f)  Renewal fees for branch offices and authorized vendors
1773	are limited to $20,000 biennially.
1774	(3)  LATE LICENSE RENEWAL FEES.--
1775	(a)  Part II                                            $500.
1776	(b)  Part III                                            $250.
1777	(c)  Declaration as a deferred presentment provider   $500.
1778	Section 29.  Section 560.203, Florida Statutes, is amended
1779	to read:
1780	560.203  Exemptions from licensure.--Authorized vendors of
1781	a licensee registrant acting within the scope of authority
1782	conferred by the licensee are registrant shall be exempt from
1783	licensure but are having to register pursuant to the code but
1784	shall otherwise be subject to the its provisions of this
1785	chapter.
1786	Section 30.  Section 560.204, Florida Statutes, is amended
1787	to read:
1788	560.204  License required Requirement of registration.--
1789	(1)  Unless exempted, a No person may not shall engage in
1790	for consideration, or nor in any manner advertise that they
1791	engage, in, the selling or issuing of payment instruments or in
1792	the activity of a money funds transmitter, for compensation,
1793	without first obtaining a license registration under the
1794	provisions of this part. For purposes of this section,
1795	"compensation" includes profit or loss on the exchange of
1796	currency.
1797	(2)  A licensee under this part person registered pursuant
1798	to this part is permitted to engage in the activities authorized
1799	by this part. A person registered pursuant to this part may also
1800	engage in the activities authorized under part III of this
1801	chapter without the imposition of any additional licensing fees
1802	and is exempt from the registration fee required by s. 560.307.
1803	Section 31.  Section 560.205, Florida Statutes, is amended
1804	to read:
1805	560.205  Additional license application requirements
1806	Qualifications of applicant for registration; contents.--In
1807	addition to the license application requirements under part I of
1808	this chapter, an applicant seeking a license under this part
1809	must also submit to the office:
1810	(1)  A sample authorized vendor contract, if applicable.
1811	(2)  A sample form of payment instrument, if applicable.
1812	(3)  Documents demonstrating that the net worth and bonding
1813	requirements specified in s. 560.209 have been fulfilled.
1814	(4)  A copy of the applicant's financial audit report for
1815	the most recent fiscal year. If the applicant is a wholly owned
1816	subsidiary of another corporation, the financial audit report on
1817	the parent corporation's financial statements shall satisfy this
1818	requirement.
1819	(1)  To qualify for registration under this part, an
1820	applicant must demonstrate to the office such character and
1821	general fitness as to command the confidence of the public and
1822	warrant the belief that the registered business will be operated
1823	lawfully and fairly. The office may investigate each applicant
1824	to ascertain whether the qualifications and requirements
1825	prescribed by this part have been met. The office's
1826	investigation may include a criminal background investigation of
1827	all controlling shareholders, principals, officers, directors,
1828	members, and responsible persons of a funds transmitter and a
1829	payment instrument seller and all persons designated by a funds
1830	transmitter or payment instrument seller as an authorized
1831	vendor. Each controlling shareholder, principal, officer,
1832	director, member, and responsible person of a funds transmitter
1833	or payment instrument seller, unless the applicant is a publicly
1834	traded corporation as defined by the commission by rule, a
1835	subsidiary thereof, or a subsidiary of a bank or bank holding
1836	company organized and regulated under the laws of any state or
1837	the United States, shall file a complete set of fingerprints. A
1838	fingerprint card submitted to the office must be taken by an
1839	authorized law enforcement agency. The office shall submit the
1840	fingerprints to the Department of Law Enforcement for state
1841	processing, and the Department of Law Enforcement shall forward
1842	the fingerprints to the Federal Bureau of Investigation for
1843	state and federal processing. The cost of the fingerprint
1844	processing may be borne by the office, the employer, or the
1845	person subject to the background check. The Department of Law
1846	Enforcement shall submit an invoice to the office for the
1847	fingerprints received each month. The office shall screen the
1848	background results to determine if the applicant meets licensure
1849	requirements. The commission may waive by rule the requirement
1850	that applicants file a set of fingerprints or the requirement
1851	that such fingerprints be processed by the Department of Law
1852	Enforcement or the Federal Bureau of Investigation.
1853	(2)  Each application for registration must be submitted
1854	under oath to the office on such forms as the commission
1855	prescribes by rule and must be accompanied by a nonrefundable
1856	application fee. Such fee may not exceed $500 for each payment
1857	instrument seller or funds transmitter and $50 for each
1858	authorized vendor or location operating within this state. The
1859	application must contain such information as the commission
1860	requires by rule, including, but not limited to:
1861	(a)  The name and address of the applicant, including any
1862	fictitious or trade names used by the applicant in the conduct
1863	of its business.
1864	(b)  The history of the applicant's material litigation,
1865	criminal convictions, pleas of nolo contendere, and cases of
1866	adjudication withheld.
1867	(c)  A description of the activities conducted by the
1868	applicant, the applicant's history of operations, and the
1869	business activities in which the applicant seeks to engage in
1870	this state.
1871	(d)  A sample authorized vendor contract, if applicable.
1872	(e)  A sample form of payment instrument, if applicable.
1873	(f)  The name and address of the clearing financial
1874	institution or financial institutions through which the
1875	applicant's payment instruments will be drawn or through which
1876	such payment instruments will be payable.
1877	(g)  Documents revealing that the net worth and bonding
1878	requirements specified in s. 560.209 have been or will be
1879	fulfilled.
1880	(3)  Each application for registration by an applicant that
1881	is a corporation shall contain such information as the
1882	commission requires by rule, including, but not limited to:
1883	(a)  The date of the applicant's incorporation and state of
1884	incorporation.
1885	(b)  A certificate of good standing from the state or
1886	country in which the applicant was incorporated.
1887	(c)  A description of the corporate structure of the
1888	applicant, including the identity of any parent or subsidiary of
1889	the applicant, and the disclosure of whether any parent or
1890	subsidiary is publicly traded on any stock exchange.
1891	(d)  The name, social security number, business and
1892	residence addresses, and employment history for the past 5 years
1893	for each executive officer, each director, each controlling
1894	shareholder, and the responsible person who will be in charge of
1895	all the applicant's business activities in this state.
1896	(e)  The history of material litigation and criminal
1897	convictions, pleas of nolo contendere, and cases of adjudication
1898	withheld for each officer, each director, each controlling
1899	shareholder, and the responsible person who will be in charge of
1900	the applicant's registered activities.
1901	(f)  Copies of the applicant's audited financial statements
1902	for the current year and, if available, for the immediately
1903	preceding 2-year period. In cases where the applicant is a
1904	wholly owned subsidiary of another corporation, the parent's
1905	consolidated audited financial statements may be submitted to
1906	satisfy this requirement. An applicant who is not required to
1907	file audited financial statements may satisfy this requirement
1908	by filing unaudited financial statements verified under penalty
1909	of perjury, as provided by the commission by rule.
1910	(g)  An applicant who is not required to file audited
1911	financial statements may file copies of the applicant's
1912	unconsolidated, unaudited financial statements for the current
1913	year and, if available, for the immediately preceding 2-year
1914	period.
1915	(h)  If the applicant is a publicly traded company, copies
1916	of all filings made by the applicant with the United States
1917	Securities and Exchange Commission, or with a similar regulator
1918	in a country other than the United States, within the year
1919	preceding the date of filing of the application.
1920	(4)  Each application for registration submitted to the
1921	office by an applicant that is not a corporation shall contain
1922	such information as the commission requires by rule, including,
1923	but not limited to:
1924	(a)  Evidence that the applicant is registered to do
1925	business in this state.
1926	(b)  The name, business and residence addresses, personal
1927	financial statement and employment history for the past 5 years
1928	for each individual having a controlling ownership interest in
1929	the applicant, and each responsible person who will be in charge
1930	of the applicant's registered activities.
1931	(c)  The history of material litigation and criminal
1932	convictions, pleas of nolo contendere, and cases of adjudication
1933	withheld for each individual having a controlling ownership
1934	interest in the applicant and each responsible person who will
1935	be in charge of the applicant's registered activities.
1936	(d)  Copies of the applicant's audited financial statements
1937	for the current year, and, if available, for the preceding 2
1938	years. An applicant who is not required to file audited
1939	financial statements may satisfy this requirement by filing
1940	unaudited financial statements verified under penalty of
1941	perjury, as provided by the commission by rule.
1942	(5)  Each applicant shall designate and maintain an agent
1943	in this state for service of process.
1944	Section 32.  Section 560.208, Florida Statutes, is amended
1945	to read:
1946	560.208  Conduct of business.--In addition to the
1947	requirements specified in s. 560.140, a licensee under this
1948	part:
1949	(1)  A registrant May conduct its business at one or more
1950	locations within this state through branches or by means of
1951	authorized vendors, as designated by the licensee registrant,
1952	including the conduct of business through electronic transfer,
1953	such as by the telephone or the Internet.
1954	(2)  Notwithstanding and without violating s. 501.0117, a
1955	registrant may charge a different price for a money transmitter
1956	funds transmission service based on the mode of transmission
1957	used in the transaction as, so long as the price charged for a
1958	service paid for with a credit card is not more greater than the
1959	price charged when the that service is paid for with currency or
1960	other similar means accepted within the same mode of
1961	transmission.
1962	(3)  Is responsible for the acts of its authorized vendors
1963	in accordance with the terms of its written contract with the
1964	vendor.
1965	(4)  Shall place assets that are the property of a customer
1966	in a segregated account in a federally insured financial
1967	institution and shall maintain separate accounts for operating
1968	capital and the clearing of customer funds.
1969	(5)  Shall, in the normal course of business, ensure that
1970	money transmitted is available to the designated recipient
1971	within 10 business days after receipt.
1972	(6)  Shall immediately upon receipt of currency or payment
1973	instrument provide a confirmation or sequence number to the
1974	customer verbally, by paper, or electronically.
1975	(2)  Within 60 days after the date a registrant either
1976	opens a location within this state or authorizes an authorized
1977	vendor to operate on the registrant's behalf within this state,
1978	the registrant shall notify the office on a form prescribed by
1979	the commission by rule. The notification shall be accompanied by
1980	a nonrefundable $50 fee for each authorized vendor or location.
1981	Each notification shall also be accompanied by a financial
1982	statement demonstrating compliance with s. 560.209(1), unless
1983	compliance has been demonstrated by a financial statement filed
1984	with the registrant's quarterly report in compliance with s.
1985	560.118(2). The financial statement must be dated within 90 days
1986	of the date of designation of the authorized vendor or location.
1987	This subsection shall not apply to any authorized vendor or
1988	location that has been designated by the registrant before
1989	October 1, 2001.
1990	(3)  Within 60 days after the date a registrant closes a
1991	location within this state or withdraws authorization for an
1992	authorized vendor to operate on the registrant's behalf within
1993	this state, the registrant shall notify the office on a form
1994	prescribed by the commission by rule.
1995	Section 33.  Section 560.2085, Florida Statutes, is created
1996	to read:
1997	560.2085  Authorized vendors.--A licensee under this part
1998	shall:
1999	(1)  Within 60 days after an authorized vendor commences
2000	business, file with the office such information as prescribed by
2001	rule together with the nonrefundable appointment fee as provided
2002	by s. 560.143. This requirement applies to vendors who are also
2003	terminated within the 60-day period.
2004	(2)  Enter into a written contract, signed by the licensee
2005	and the authorized vendor, which:
2006	(a)  Sets forth the nature and scope of the relationship
2007	between the licensee and the authorized vendor, including the
2008	respective rights and responsibilities of the parties; and
2009	(b)  Includes contract provisions that require the
2010	authorized vendor to:
2011	1.  Report to the licensee, immediately upon discovery, the
2012	theft or loss of currency received for a transmission or payment
2013	instrument;
2014	2.  Display a notice to the public, in such form as
2015	prescribed by rule, that the vendor is the authorized vendor of
2016	the licensee;
2017	3.  Remit all amounts owed to the licensee for all
2018	transmissions accepted and all payment instruments sold in
2019	accordance with the contract between the licensee and the
2020	authorized vendor;
2021	4.  Hold in trust all currency or payment instruments
2022	received for transmissions or for the purchase of payment
2023	instruments from the time of receipt by the licensee or
2024	authorized vendor until the time the transmission obligation is
2025	completed;
2026	5.  Not commingle the money received for transmissions
2027	accepted or payment instruments sold on behalf of the licensee
2028	with the money or property of the authorized vendor, except for
2029	making change in the ordinary course of the vendor's business,
2030	and ensure that the money is accounted for at the end of the
2031	business day;
2032	6.  Consent to examination or investigation by the office;
2033	7.  Adhere to the applicable state and federal laws and
2034	rules pertaining to a money services business; and
2035	8.  Provide such other information or disclosure as may be
2036	required by rule.
2037	(3)  Develop and implement written policies and procedures
2038	to monitor compliance with applicable state and federal law by
2039	its authorized vendors.
2040	Section 34.  Section 560.209, Florida Statutes, is amended
2041	to read:
2042	560.209  Net worth; corporate surety bond; collateral
2043	deposit in lieu of bond.--
2044	(1)  A licensee must Any person engaging in a registered
2045	activity shall have a net worth of at least $100,000 computed
2046	according to generally accepted accounting principles. A
2047	licensee operating in Applicants proposing to conduct registered
2048	activities at more than one location must shall have an
2049	additional net worth of $10,000 $50,000 per location in this
2050	state, up as applicable, to a maximum of $2 million $500,000.
2051	The required net worth must be maintained at all times.
2052	(2)  A licensee must obtain an annual financial audit
2053	report, which must be submitted to the office within 120 days
2054	after the end of the licensee's fiscal year end, as disclosed to
2055	the office. If the applicant is a wholly owned subsidiary of
2056	another corporation, the financial audit report on the parent
2057	corporation's financial statements shall satisfy this
2058	requirement.
2059	(3)(2)  Before the office may issue a license under this
2060	part registration, the applicant must provide to the office a
2061	corporate surety bond, issued by a bonding company or insurance
2062	company authorized to do business in this state.
2063	(a)  The corporate surety bond shall be in an such amount
2064	as specified may be determined by commission rule, but may shall
2065	not be less than $50,000 or exceed $2 million $250,000. The rule
2066	shall provide allowances for the financial condition, number of
2067	locations, and anticipated volume of the licensee. However, the
2068	commission and office may consider extraordinary circumstances,
2069	such as the registrant's financial condition, the number of
2070	locations, and the existing or anticipated volume of outstanding
2071	payment instruments or funds transmitted, and require an
2072	additional amount above $250,000, up to $500,000.
2073	(b)  The corporate surety bond must shall be in a form
2074	satisfactory to the office and shall run to the state for the
2075	benefit of any claimants in this state against the applicant or
2076	its authorized vendors to secure the faithful performance of the
2077	obligations of the applicant and its authorized vendors with
2078	respect to the receipt, handling, transmission, and payment of
2079	funds. The aggregate liability of the corporate surety bond may
2080	not in no event shall exceed the principal sum of the bond. Such
2081	Claimants against the applicant or its authorized vendors may
2082	themselves bring suit directly on the corporate surety bond, or
2083	the Department of Legal Affairs may bring suit thereon on behalf
2084	of the such claimants, in either one action or in successive
2085	actions.
2086	(c)  The A corporate surety bond filed with the office for
2087	purposes of compliance with this section may not be canceled by
2088	either the licensee registrant or the corporate surety except
2089	upon written notice to the office by registered or certified
2090	mail with return receipt requested. A cancellation may shall not
2091	take effect until less than 30 days after receipt by the office
2092	of the such written notice.
2093	(d)  The corporate surety must, within 10 days after it
2094	pays any claim to any claimant, give written notice to the
2095	office by registered or certified mail of such payment with
2096	details sufficient to identify the claimant and the claim or
2097	judgment so paid.
2098	(e)  If Whenever the principal sum of the such bond is
2099	reduced by one or more recoveries or payments, the licensee
2100	registrant must furnish a new or additional bond so that the
2101	total or aggregate principal sum of the such bond equals the sum
2102	required pursuant to paragraph (a) by the commission.
2103	Alternatively, a licensee registrant may furnish an endorsement
2104	executed by the corporate surety reinstating the bond to the
2105	required principal sum thereof.
2106	(4)(3)  In lieu of a such corporate surety bond, or of any
2107	portion of the principal sum thereof required by this section,
2108	the applicant may deposit collateral cash, securities, or
2109	alternative security devices as provided by rule approved by the
2110	commission, with a any federally insured financial institution.
2111	(a)  Acceptable collateral deposit items in lieu of a bond
2112	include cash and interest-bearing stocks and bonds, notes,
2113	debentures, or other obligations of the United States or any
2114	agency or instrumentality thereof, or guaranteed by the United
2115	States, or of this state.
2116	(b)  The collateral deposit must be in an aggregate amount,
2117	based upon principal amount or market value, whichever is lower,
2118	of at least not less than the amount of the required corporate
2119	surety bond or portion thereof.
2120	(c)  Collateral deposits must made under this subsection
2121	shall be pledged to the office and held by the insured financial
2122	institution to secure the same obligations as would the
2123	corporate surety bond, but the depositor is entitled to receive
2124	any all interest and dividends thereon and may, with the
2125	approval of the office, substitute other securities or deposits
2126	for those deposited. The principal amount of the deposit shall
2127	be released only on written authorization of the office or on
2128	the order of a court of competent jurisdiction.
2129	(5)(4)  A licensee registrant must at all times have and
2130	maintain the bond or collateral deposit in the required amount
2131	prescribed by the commission. If the office at any time
2132	reasonably determines that the bond or elements of the
2133	collateral deposit are insecure, deficient in amount, or
2134	exhausted in whole or in part, the office may, by written order,
2135	require the filing of a new or supplemental bond or the deposit
2136	of new or additional collateral deposit items.
2137	(6)(5)  The bond and collateral deposit shall remain in
2138	place for 5 years after the licensee registrant ceases licensed
2139	registered operations in this state. The office may allow permit
2140	the bond or collateral deposit to be reduced or eliminated prior
2141	to that time to the extent that the amount of the licensee's
2142	registrant's outstanding payment instruments or money funds
2143	transmitted in this state are reduced. The office may also allow
2144	a licensee permit a registrant to substitute a letter of credit
2145	or such other form of acceptable security for the bond or
2146	collateral deposit at the time the licensee registrant ceases
2147	licensed money transmission operations in this state.
2148	(6)  The office may waive or reduce a registrant's net
2149	worth or bond or collateral deposit requirement. Such waiver or
2150	modification must be requested by the applicant or registrant,
2151	and may be granted upon a showing by the applicant or registrant
2152	to the satisfaction of the office that:
2153	(a)  The existing net worth, bond, or collateral deposit
2154	requirement is sufficiently in excess of the registrant's
2155	highest potential level of outstanding payment instruments or
2156	money transmissions in this state;
2157	(b)  The direct and indirect cost of meeting the net worth,
2158	bond, or collateral deposit requirement will restrict the
2159	ability of the money transmitter to effectively serve the needs
2160	of its customers and the public; or
2161	(c)  The direct and indirect cost of meeting the net worth,
2162	bond, or collateral requirement will not only have a negative
2163	impact on the money transmitter but will severely hinder the
2164	ability of the money transmitter to participate in and promote
2165	the economic progress and welfare of this state or the United
2166	States.
2167	Section 35.  Section 560.210, Florida Statutes, is amended
2168	to read:
2169	560.210  Permissible investments.--
2170	(1)  A licensee must registrant shall at all times possess
2171	permissible investments with an aggregate market value,
2172	calculated in accordance with United States generally accepted
2173	accounting principles, of at least not less than the aggregate
2174	face amount of all outstanding money funds transmissions and
2175	payment instruments issued or sold by the licensee registrant or
2176	an authorized vendor in the United States. As used in this
2177	section,
2178	(2)  Acceptable permissible investments include:
2179	(a)  Cash.
2180	(b)  Certificates of deposit or other deposit liabilities
2181	of a domestic or foreign financial institution, either domestic
2182	or foreign.
2183	(c)  Bankers' acceptances eligible for purchase by member
2184	banks of the Federal Reserve System.
2185	(d)  An investment bearing a rating of one of the three
2186	highest grades as defined by a nationally recognized rating
2187	service of such securities.
2188	(e)  Investment securities that are obligations of the
2189	United States, its agencies or instrumentalities, or obligations
2190	that are guaranteed fully as to principal and interest by the
2191	United States, or any obligations of any state or municipality,
2192	or any political subdivision thereof.
2193	(f)  Shares in a money market mutual fund.
2194	(g)  A demand borrowing agreement or agreements made to a
2195	corporation or a subsidiary of a corporation whose capital stock
2196	is listed on a national exchange.
2197	(h)  Receivables that are due to a licensee registrant from
2198	the licensee's registrant's authorized vendors except those that
2199	are more than 90 30 days past due or are doubtful of collection.
2200	(i)  Any other investment approved by rule the commission.
2201	(2)(3)  Notwithstanding any other provision of this part,
2202	the office, with respect to any particular licensee registrant
2203	or all licensees registrants, may limit the extent to which any
2204	class of permissible investments may be considered a permissible
2205	investment, except for cash and certificates of deposit.
2206	(3)(4)  The office may waive the permissible investments
2207	requirement if the dollar value of a licensee's registrant's
2208	outstanding payment instruments and money funds transmitted do
2209	not exceed the bond or collateral deposit posted by the licensee
2210	registrant under s. 560.209.
2211	Section 36.  Section 560.211, Florida Statutes, is amended
2212	to read:
2213	560.211  Required records.--
2214	(1)  In addition to the record retention requirements under
2215	s. 560.110, each licensee under this part Each registrant must
2216	make, keep, and preserve the following books, accounts, records,
2217	and documents other records for 5 a period of 3 years:
2218	(a)  A daily record or records of payment instruments sold
2219	and money funds transmitted.
2220	(b)  A general ledger containing all asset, liability,
2221	capital, income, and expense accounts, which general ledger
2222	shall be posted at least monthly.
2223	(c)  Daily settlement records sheets received from
2224	authorized vendors.
2225	(d)  Monthly financial institution statements and
2226	reconciliation records.
2227	(e)  Records of outstanding payment instruments and money
2228	funds transmitted.
2229	(f)  Records of each payment instrument paid and money
2230	funds transmission delivered within the 3-year period.
2231	(g)  A list of the names and addresses of all of the
2232	licensee's registrant's authorized vendors, as well as copies of
2233	each authorized vendor contract.
2234	(h)  Records that document the establishment, monitoring,
2235	and termination of relationships with authorized vendors and
2236	foreign affiliates.
2237	(i)  Any additional records, as prescribed by rule,
2238	designed to detect and prevent money laundering.
2239	(2)  The records required to be maintained by the code may
2240	be maintained by the registrant at any location if the
2241	registrant notifies the office in writing of the location of the
2242	records in its application or otherwise by amendment as
2243	prescribed by commission rule. The registrant shall make such
2244	records available to the office for examination and
2245	investigation in this state, as permitted by the code, within 7
2246	days after receipt of a written request.
2247	(3)  Registrants and authorized vendors need not preserve
2248	or retain any of the records required by this section or copies
2249	thereof for a period longer than 3 years unless a longer period
2250	is expressly required by the laws of this state or federal law.
2251	A registrant or authorized vendor may destroy any of its records
2252	or copies thereof after the expiration of the retention period
2253	required by this section.
2254	(4)  The original of any record of a registrant or
2255	authorized vendor includes the data or other information
2256	comprising a record stored or transmitted in or by means of any
2257	electronic, computerized, mechanized, or other information
2258	storage or retrieval or transmission system or device which can
2259	upon request generate, regenerate, or transmit the precise data
2260	or other information comprising the record; and an original also
2261	includes the visible data or other information so generated,
2262	regenerated, or transmitted if it is legible or can be made
2263	legible by enlargement or other process.
2264	(2)(5)  Any person who willfully fails to comply with this
2265	section commits a felony of the third degree, punishable as
2266	provided in s. 775.082, s. 775.083, or s. 775.084.
2267	Section 37.  Section 560.212, Florida Statutes, is amended
2268	to read:
2269	560.212  Financial liability.--A licensee Each registrant
2270	under this part is liable for the payment of all money funds
2271	transmitted and payment instruments that it sells, in whatever
2272	form and whether directly or through an authorized vendor, as
2273	the maker, drawer, or principal thereof, regardless of whether
2274	such item is negotiable or nonnegotiable.
2275	Section 38.  Section 560.213, Florida Statutes, is amended
2276	to read:
2277	560.213  Payment instrument information.--Each payment
2278	instrument sold or issued by a licensee registrant, directly or
2279	through an authorized vendor, must shall bear the name of the
2280	licensee, and any other information as may be required by rule,
2281	registrant clearly imprinted thereon.
2282	Section 39.  Section 560.303, Florida Statutes, is amended
2283	to read:
2284	560.303  License required Requirement of registration.--
2285	(1)  A No person may not shall engage in, or in any manner
2286	advertise engagement in, the business of cashing payment
2287	instruments or the exchanging of foreign currency without being
2288	licensed first registering under the provisions of this part.
2289	(2)  A person licensed under registered pursuant to this
2290	part may not engage in the activities authorized by this part. A
2291	person registered under this part is prohibited from engaging
2292	directly in the activities that require a license under are
2293	authorized under a registration issued pursuant to part II of
2294	this chapter, but may be such person is not prohibited from
2295	engaging in an authorized vendor for relationship with a person
2296	licensed registered under part II.
2297	(3)  A person exempt from licensure under registration
2298	pursuant to this part engaging in the business of cashing
2299	payment instruments or the exchanging of foreign currency may
2300	shall not charge fees in excess of those provided in s. 560.309.
2301	Section 40.  Section 560.304, Florida Statutes, is amended
2302	to read:
2303	560.304  Exemption from licensure Exceptions to
2304	registration.--The requirement for licensure under provisions of
2305	this part does do not apply to:
2306	(1)  a person cashing payment instruments that have an
2307	aggregate face value of less than $2,000 per person per day and
2308	that are Authorized vendors of any person registered pursuant to
2309	the provisions of the code, acting within the scope of authority
2310	conferred by the registrant.
2311	(2)  Persons engaged in the cashing of payment instruments
2312	or the exchanging of foreign currency which is incidental to the
2313	retail sale of goods or services whose compensation for cashing
2314	payment instruments or exchanging foreign currency at each site
2315	does not exceed 5 percent of the total gross income from the
2316	retail sale of goods or services by such person during the last
2317	60 days its most recently completed fiscal year.
2318	Section 41.  Section 560.309, Florida Statutes, is amended
2319	to read:
2320	560.309  Conduct of business Rules.--
2321	(1)  A licensee may transact business under this part only
2322	under the legal name under which the person is licensed. The use
2323	of a fictitious name is allowed if the fictitious name has been
2324	registered with the Department of State and disclosed to the
2325	office as part of an initial license application, or subsequent
2326	amendment to the application, prior to its use. Before a
2327	registrant shall deposit, with any financial institution, a
2328	payment instrument that is cashed by a registrant, each such
2329	item must be endorsed with the actual name under which such
2330	registrant is doing business.
2331	(2)  At the time a licensee accepts a payment instrument
2332	that is cashed by the licensee, the payment instrument must be
2333	endorsed using the legal name under which the licensee is
2334	licensed. Registrants must comply with all the laws of this
2335	state and any federal laws relating to money laundering,
2336	including, as applicable, the provisions of s. 560.123.
2337	(3)  A licensee under this part must deposit payment
2338	instruments into a commercial account at a federally insured
2339	financial institution or sell payment instruments within 5
2340	business days after the acceptance of the payment instrument.
2341	(4)  A licensee may not accept or cash multiple payment
2342	instruments from a person who is not the original payee, unless
2343	the person is licensed to cash payment instruments pursuant to
2344	this part and all payment instruments accepted are endorsed with
2345	the legal name of the person.
2346	(5)  A licensee must report all suspicious activity to the
2347	office in accordance with the criteria set forth in 31 C.F.R. s.
2348	103.20. In lieu of filing such reports, the commission may
2349	prescribe by rule that the licensee may file such reports with
2350	an appropriate regulator.
2351	(6)  Each location of a licensee where checks are cashed
2352	must be equipped with a security camera system that is capable
2353	of recording and retrieving an image in order to assist in
2354	identifying and apprehending an offender. The licensee does not
2355	have to install a security camera system if the licensee has
2356	installed a bulletproof or bullet-resistant partition or
2357	enclosure in the area where checks are cashed.
2358	(7)(3)  The commission may by rule require a every check
2359	casher to display its license registration and post a notice
2360	listing containing its charges for cashing payment instruments.
2361	(8)(4)  Exclusive of the direct costs of verification which
2362	shall be established by commission rule, a no check casher may
2363	not shall:
2364	(a)  Charge fees, except as otherwise provided by this
2365	part, in excess of 5 percent of the face amount of the payment
2366	instrument, or 6 percent without the provision of
2367	identification, or $5, whichever is greater;
2368	(b)  Charge fees in excess of 3 percent of the face amount
2369	of the payment instrument, or 4 percent without the provision of
2370	identification, or $5, whichever is greater, if such payment
2371	instrument is the payment of any kind of state public assistance
2372	or federal social security benefit payable to the bearer of the
2373	such payment instrument; or
2374	(c)  Charge fees for personal checks or money orders in
2375	excess of 10 percent of the face amount of those payment
2376	instruments, or $5, whichever is greater.
2377	(d)  As used in this subsection, "identification" means,
2378	and is limited to, an unexpired and otherwise valid driver
2379	license, a state identification card issued by any state of the
2380	United States or its territories or the District of Columbia,
2381	and showing a photograph and signature, a United States
2382	Government Resident Alien Identification Card, a United States
2383	passport, or a United States Military identification card.
2384	(9)  A licensee cashing payment instruments may not assess
2385	the cost of collections, other than fees for insufficient funds
2386	as provided by law, without a judgment from a court of competent
2387	jurisdiction.
2388	(10)  If a check is returned to a licensee from a payor
2389	financial institution due to lack of funds, a closed account, or
2390	a stop-payment order, the licensee may seek collection pursuant
2391	to s. 68.065. In seeking collection, the licensee must comply
2392	with the prohibitions against harassment or abuse, false or
2393	misleading representations, and unfair practices in the Fair
2394	Debt Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, and
2395	1692f. A violation of this subsection is a deceptive and unfair
2396	trade practice and constitutes a violation of the Deceptive and
2397	Unfair Trade Practices Act under part II of chapter 501. In
2398	addition, a licensee must comply with the applicable provisions
2399	of the Consumer Collection Practices Act under part VI of
2400	chapter 559, including s. 559.77.
2401	Section 42.  Section 560.310, Florida Statutes, is amended
2402	to read:
2403	560.310  Records of check cashers and foreign currency
2404	exchangers.--
2405	(1)  In addition to the record retention requirements
2406	specified in s. 560.110, a licensee engaged in check cashing
2407	must maintain the following:
2408	(a)  Customer files, as prescribed by rule, on all
2409	customers who cash corporate or third-party payment instruments
2410	exceeding $1,000.
2411	(b)  For any payment instrument accepted having a face
2412	value of $1,000 or more:
2413	1.  A copy of the personal identification that bears a
2414	photograph of the customer used as identification and presented
2415	by the customer. Acceptable personal identification is limited
2416	to a valid driver's license; a state identification card issued
2417	by any state of the United States or its territories or the
2418	District of Columbia, and showing a photograph and signature; a
2419	United States Government Resident Alien Identification Card; a
2420	passport; or a United States Military identification card.
2421	2.  A thumbprint of the customer taken by the licensee.
2422	(c)  A payment instrument log that must be maintained
2423	electronically as prescribed by rule. For purposes of this
2424	paragraph, multiple payment instruments accepted from any one
2425	person on any given day which total $1,000 or more must be
2426	aggregated and reported on the log. Each registrant must
2427	maintain all books, accounts, records, and documents necessary
2428	to determine the registrant's compliance with the provisions of
2429	the code. Such books, accounts, records, and documents shall be
2430	retained for a period of at least 3 years.
2431	(2)  A licensee under this part may engage the services of
2432	a third party that is not a depository institution for the
2433	maintenance and storage of records required by this section if
2434	all the requirements of this section are met. The records
2435	required to be maintained by the code may be maintained by the
2436	registrant at any location if the registrant notifies the
2437	office, in writing, of the location of the records in its
2438	application or otherwise by amendment as prescribed by
2439	commission rule. The registrant shall make such records
2440	available to the office for examination and investigation in
2441	this state, as permitted by the code, within 7 days after
2442	receipt of a written request.
2443	(3)  Registrants and authorized vendors need not preserve
2444	or retain any of the records required by this section or copies
2445	thereof for a period longer than 3 years unless a longer period
2446	is expressly required by the laws of this state or any federal
2447	law. A registrant or authorized vendor may destroy any of its
2448	records or copies thereof after the expiration of the retention
2449	period required by this section.
2450	(4)  The original of any record of a registrant or
2451	authorized vendor includes the data or other information
2452	comprising a record stored or transmitted in or by means of any
2453	electronic, computerized, mechanized, or other information
2454	storage or retrieval or transmission system or device which can
2455	upon request generate, regenerate, or transmit the precise data
2456	or other information comprising the record; and an original also
2457	includes the visible data or other information so generated,
2458	regenerated, or transmitted if it is legible or can be made
2459	legible by enlargement or other process.
2460	(5)  Any person who willfully violates this section or
2461	fails to comply with any lawful written demand or order of the
2462	office made pursuant to this section commits a felony of the
2463	third degree, punishable as provided in s. 775.082, s. 775.083,
2464	or s. 775.084.
2465	Section 43.  Section 560.402, Florida Statutes, is amended
2466	to read:
2467	560.402  Definitions.--In addition to the definitions
2468	provided in ss. 560.103, 560.202, and 560.302 and unless
2469	otherwise clearly indicated by the context, For the purposes of
2470	this part, the term:
2471	(1)  "Affiliate" means a person who, directly or
2472	indirectly, through one or more intermediaries controls, or is
2473	controlled by, or is under common control with, a deferred
2474	presentment provider.
2475	(2)  "Business day" means the hours during a particular day
2476	during which a deferred presentment provider customarily
2477	conducts business, not to exceed 15 consecutive hours during
2478	that day.
2479	(3)  "Days" means calendar days.
2480	(2)(4)  "Deferment period" means the number of days a
2481	deferred presentment provider agrees to defer depositing, or
2482	presenting, or redeeming a payment instrument.
2483	(5)  "Deferred presentment provider" means a person who
2484	engages in a deferred presentment transaction and is registered
2485	under part II or part III of the code and has filed a
2486	declaration of intent with the office.
2487	(3)(6)  "Deferred presentment transaction" means providing
2488	currency or a payment instrument in exchange for a drawer's
2489	person's check and agreeing to hold the that person's check for
2490	a deferment period of time prior to presentment, deposit, or
2491	redemption.
2492	(4)(7)  "Drawer" means a customer any person who writes a
2493	personal check and upon whose account the check is drawn.
2494	(5)  "Extension of a deferred presentment agreement" means
2495	continuing a deferred presentment transaction past the deferment
2496	period by having the drawer pay additional fees and the deferred
2497	presentment provider continuing to hold the check for another
2498	deferment period.
2499	(6)(8)  "Rollover" means the termination or extension of a
2500	an existing deferred presentment agreement by the payment of an
2501	any additional fee and the continued holding of the check, or
2502	the substitution of a new check drawn by the drawer pursuant to
2503	a new deferred presentment agreement.
2504	(9)  "Fee" means the fee authorized for the deferral of the
2505	presentation of a check pursuant to this part.
2506	(7)(10)  "Termination of a an existing deferred presentment
2507	agreement" means that the check that is the basis for the an
2508	agreement is redeemed by the drawer by payment in full in cash,
2509	or is deposited and the deferred presentment provider has
2510	evidence that such check has cleared. A Verification of
2511	sufficient funds in the drawer's account by the deferred
2512	presentment provider is shall not be sufficient evidence to deem
2513	that the existing deferred deposit transaction is to be
2514	terminated.
2515	(11)  "Extension of an existing deferred presentment
2516	agreement" means that a deferred presentment transaction is
2517	continued by the drawer paying any additional fees and the
2518	deferred presentment provider continues to hold the check for
2519	another period of time prior to deposit, presentment, or
2520	redemption.
2521	Section 44.  Section 560.403, Florida Statutes, is amended
2522	to read:
2523	560.403  Requirements of registration; Declaration of
2524	intent.--
2525	(1)  Except for financial institutions as defined in s.
2526	655.005 No person, Unless otherwise exempt from this chapter, a
2527	person may not shall engage in a deferred presentment
2528	transaction unless the person is licensed as a money services
2529	business registered under the provisions of part II or part III
2530	of this chapter and has on file with the office a declaration of
2531	intent to engage in deferred presentment transactions,
2532	regardless of whether such person is exempted from licensure
2533	under any other provision of this chapter. The declaration of
2534	intent must shall be under oath and on such form as prescribed
2535	the commission prescribes by rule. The declaration of intent
2536	must shall be filed together with a nonrefundable filing fee as
2537	provided in s. 560.143 of $1,000. Any person who is registered
2538	under part II or part III on the effective date of this act and
2539	intends to engage in deferred presentment transactions shall
2540	have 60 days after the effective date of this act to file a
2541	declaration of intent. A declaration of intent expires after 24
2542	months and must be renewed.
2543	(2)  A registrant under this part shall renew his or her
2544	intent to engage in the business of deferred presentment
2545	transactions or to act as a deferred presentment provider upon
2546	renewing his or her registration under part II or part III and
2547	shall do so by indicating his or her intent by submitting a
2548	nonrefundable deferred presentment provider renewal fee of
2549	$1,000, in addition to any fees required for renewal of
2550	registration under part II or part III.
2551	(3)  A registrant under this part who fails to timely renew
2552	his or her intent to engage in the business of deferred
2553	presentment transactions or to act as a deferred presentment
2554	provider shall immediately cease to engage in the business of
2555	deferred presentment transactions or to act as a deferred
2556	presentment provider.
2557	(4)  The notice of intent of a registrant under this part
2558	who fails to timely renew his or her intent to engage in the
2559	business of deferred presentment transactions or to act as a
2560	deferred presentment provider on or before the expiration date
2561	of the registration period automatically expires. A renewal fee
2562	and a nonrefundable late fee of $500 must be filed within 60
2563	calendar days after the expiration of an existing registration
2564	in order for the declaration of intent to be reinstated. The
2565	office shall grant a reinstatement of registration if an
2566	application is filed during the 60-day period, and the
2567	reinstatement is effective upon receipt of the required fees and
2568	any information that the commission requires by rule. If the
2569	registrant has not filed a reinstatement of a renewal
2570	declaration of intent within 60 calendar days after the
2571	expiration date of an existing registration, the notice of
2572	intent expires and a new declaration of intent must be filed
2573	with the office.
2574	(5)  No person, other than a financial institution as
2575	defined in s. 655.005, shall be exempt from registration and
2576	declaration if such person engages in deferred presentment
2577	transactions, regardless of whether such person is currently
2578	exempt from registration under any provision of this code.
2579	Section 45.  Section 560.404, Florida Statutes, is amended
2580	to read:
2581	560.404  Requirements for deferred presentment
2582	transactions.--
2583	(1)  Each Every deferred presentment transaction must shall
2584	be documented in a written agreement signed by both the deferred
2585	presentment provider and the drawer.
2586	(2)  The deferred presentment transaction agreement must
2587	shall be executed on the day the deferred presentment provider
2588	furnishes currency or a payment instrument to the drawer.
2589	(3)  Each written agreement must shall contain the
2590	following information, in addition to any information required
2591	the commission requires by rule, contain the following
2592	information:
2593	(a)  The name or trade name, address, and telephone number
2594	of the deferred presentment provider and the name and title of
2595	the person who signs the agreement on behalf of the deferred
2596	presentment provider.
2597	(b)  The date the deferred presentment transaction is was
2598	made.
2599	(c)  The amount of the drawer's check.
2600	(d)  The length of the deferment deferral period.
2601	(e)  The last day of the deferment period.
2602	(f)  The address and telephone number of the office and the
2603	Division of Consumer Services of the Department of Financial
2604	Services.
2605	(g)  A clear description of the drawer's payment
2606	obligations under the deferred presentment transaction.
2607	(h)  The transaction number assigned by the office's
2608	database.
2609	(4)  The Every deferred presentment provider must shall
2610	furnish to the drawer a copy of the deferred presentment
2611	transaction agreement to the drawer.
2612	(5)  The face amount of a check taken for deferred
2613	presentment may not exceed $500 exclusive of the fees allowed
2614	under by this part.
2615	(6)  A No deferred presentment provider or its affiliate
2616	may not shall charge fees that exceed in excess of 10 percent of
2617	the currency or payment instrument provided. However, a
2618	verification fee may be charged as provided in s. 560.309(7) in
2619	accordance with s. 560.309(4) and the rules adopted pursuant to
2620	the code. The 10-percent fee may not be applied to the
2621	verification fee. A deferred presentment provider may charge
2622	only those fees specifically authorized in this section.
2623	(7)  The fees authorized by this section may not be
2624	collected before the drawer's check is presented or redeemed.
2625	(8)  A No deferred presentment agreement may not shall be
2626	for a term longer than in excess of 31 days or less than 7 days.
2627	(9)  A No deferred presentment provider may not shall
2628	require a drawer person to provide any additional security for
2629	the deferred presentment transaction or any extension or require
2630	the drawer a person to provide any additional guaranty from
2631	another person.
2632	(10)  A deferred presentment provider may shall not include
2633	any of the following provisions in a deferred provider any
2634	written agreement:
2635	(a)  A hold harmless clause.;
2636	(b)  A confession of judgment clause.;
2637	(c)  Any assignment of or order for payment of wages or
2638	other compensation for services.;
2639	(d)  A provision in which the drawer agrees not to assert
2640	any claim or defense arising out of the agreement.; or
2641	(e)  A waiver of any provision of this part.
2642	(11)  A Each deferred presentment provider shall
2643	immediately provide the drawer with the full amount of any check
2644	to be held, less only the fees allowed permitted under this
2645	section.
2646	(12)  The deferred presentment agreement and the drawer's
2647	check must shall bear the same date, and the number of days of
2648	the deferment period shall be calculated from that this date.
2649	The No deferred presentment provider and the drawer or person
2650	may not alter or delete the date on any written agreement or
2651	check held by the deferred presentment provider.
2652	(13)  For each deferred presentment transaction, the
2653	deferred presentment provider must comply with the disclosure
2654	requirements of 12 C.F.R., part 226, relating to the federal
2655	Truth-in-Lending Act, and Regulation Z of the Board of Governors
2656	of the Federal Reserve Board. A copy of the disclosure must be
2657	provided to the drawer at the time the deferred presentment
2658	transaction is initiated.
2659	(14)  A No deferred presentment provider or its affiliate
2660	may not accept or hold an undated check or a check dated on a
2661	date other than the date on which the deferred presentment
2662	provider agreed to hold the check and signed the deferred
2663	presentment transaction agreement.
2664	(15)  A Every deferred presentment provider must shall hold
2665	the drawer's check for the agreed number of days, unless the
2666	drawer chooses to redeem the check before the agreed presentment
2667	date.
2668	(16)  Proceeds in a deferred presentment transaction may be
2669	made to the drawer in the form of the deferred presentment
2670	provider's payment instrument if the deferred presentment
2671	provider is registered under part II; however, an no additional
2672	fee may not be charged by a deferred presentment provider or its
2673	affiliate for issuing or cashing the deferred presentment
2674	provider's payment instrument.
2675	(17)  A No deferred presentment provider may not require
2676	the drawer to accept its payment instrument in lieu of currency.
2677	(18)  A No deferred presentment provider or its affiliate
2678	may not engage in the rollover of a any deferred presentment
2679	agreement. A deferred presentment provider may shall not redeem,
2680	extend, or otherwise consolidate a deferred presentment
2681	agreement with the proceeds of another deferred presentment
2682	transaction made by the same or an affiliate affiliated deferred
2683	presentment provider.
2684	(19)  A deferred presentment provider may not enter into a
2685	deferred presentment transaction with a drawer person who has an
2686	outstanding deferred presentment transaction with that provider
2687	or with any other deferred presentment provider, or with a
2688	person whose previous deferred presentment transaction with that
2689	provider or with any other provider has been terminated for less
2690	than 24 hours. The deferred presentment provider must verify
2691	such information as follows:
2692	(a)  The deferred presentment provider shall maintain a
2693	common database and shall verify whether the that deferred
2694	presentment provider or an affiliate has an outstanding deferred
2695	presentment transaction with a particular person or has
2696	terminated a transaction with that person within the previous 24
2697	hours.
2698	(b)  The deferred presentment provider shall access the
2699	office's database established pursuant to subsection (23) and
2700	shall verify whether any other deferred presentment provider has
2701	an outstanding deferred presentment transaction with a
2702	particular person or has terminated a transaction with that
2703	person within the previous 24 hours. If a provider has not
2704	established Prior to the time that the office has implemented
2705	such a database, the deferred presentment provider may rely upon
2706	the written verification of the drawer as provided in subsection
2707	(20).
2708	(20)  A deferred presentment provider shall provide the
2709	following notice in a prominent place on each deferred
2710	presentment agreement in at least 14-point type in substantially
2711	the following form and must obtain the signature of the drawer
2712	where indicated:
2713
2714	NOTICE
2715
2716	1.  STATE LAW PROHIBITS YOU FROM HAVING MORE THAN ONE DEFERRED
2717	PRESENTMENT AGREEMENT AT ANY ONE TIME. STATE LAW ALSO PROHIBITS
2718	YOU FROM ENTERING INTO A DEFERRED PRESENTMENT AGREEMENT WITHIN
2719	24 HOURS AFTER OF TERMINATING ANY PREVIOUS DEFERRED PRESENTMENT
2720	AGREEMENT. FAILURE TO OBEY THIS LAW COULD CREATE SEVERE
2721	FINANCIAL HARDSHIP FOR YOU AND YOUR FAMILY.
2722
2723	YOU MUST SIGN THE FOLLOWING STATEMENT:
2724
2725	I DO NOT HAVE AN OUTSTANDING DEFERRED PRESENTMENT AGREEMENT WITH
2726	ANY DEFERRED PRESENTMENT PROVIDER AT THIS TIME. I HAVE NOT
2727	TERMINATED A DEFERRED PRESENTMENT AGREEMENT WITHIN THE PAST 24
2728	HOURS.
2729
2730	(Signature of Drawer)
2731
2732	2.  YOU CANNOT BE PROSECUTED IN CRIMINAL COURT FOR A CHECK
2733	WRITTEN UNDER THIS AGREEMENT, BUT ALL LEGALLY AVAILABLE CIVIL
2734	MEANS TO ENFORCE THE DEBT MAY BE PURSUED AGAINST YOU.
2735
2736	3.  STATE LAW PROHIBITS A DEFERRED PRESENTMENT PROVIDER (THIS
2737	BUSINESS) FROM ALLOWING YOU TO "ROLL OVER" YOUR DEFERRED
2738	PRESENTMENT TRANSACTION. THIS MEANS THAT YOU CANNOT BE ASKED OR
2739	REQUIRED TO PAY AN ADDITIONAL FEE IN ORDER TO FURTHER DELAY THE
2740	DEPOSIT OR PRESENTMENT OF YOUR CHECK FOR PAYMENT. IF YOU INFORM
2741	THE PROVIDER IN PERSON THAT YOU CANNOT COVER THE CHECK OR PAY IN
2742	FULL THE AMOUNT OWING AT THE END OF THE TERM OF THIS AGREEMENT,
2743	YOU WILL RECEIVE A GRACE PERIOD EXTENDING THE TERM OF THE
2744	AGREEMENT FOR AN ADDITIONAL 60 DAYS AFTER THE ORIGINAL
2745	TERMINATION DATE, WITHOUT ANY ADDITIONAL CHARGE. THE DEFERRED
2746	PRESENTMENT PROVIDER SHALL REQUIRE THAT YOU, AS A CONDITION OF
2747	OBTAINING THE GRACE PERIOD, COMPLETE CONSUMER CREDIT COUNSELING
2748	PROVIDED BY AN AGENCY INCLUDED ON THE LIST THAT WILL BE PROVIDED
2749	TO YOU BY THIS PROVIDER. YOU MAY ALSO AGREE TO COMPLY WITH AND
2750	ADHERE TO A REPAYMENT PLAN APPROVED BY THAT AGENCY. IF YOU DO
2751	NOT COMPLY WITH AND ADHERE TO A REPAYMENT PLAN APPROVED BY THAT
2752	AGENCY, WE MAY DEPOSIT OR PRESENT YOUR CHECK FOR PAYMENT AND
2753	PURSUE ALL LEGALLY AVAILABLE CIVIL MEANS TO ENFORCE THE DEBT AT
2754	THE END OF THE 60-DAY GRACE PERIOD.
2755	(21)  The deferred presentment provider may not deposit or
2756	present the drawer's check if the drawer informs the provider in
2757	person that the drawer cannot redeem or pay in full in cash the
2758	amount due and owing the deferred presentment provider. No
2759	additional fees or penalties may be imposed on the drawer by
2760	virtue of any misrepresentation made by the drawer as to the
2761	sufficiency of funds in the drawer's account. In no event shall
2762	any Additional fees may not be added to the amounts due and
2763	owing to the deferred presentment provider.
2764	(22)(a)  If, by the end of the deferment period, the drawer
2765	informs the deferred presentment provider in person that the
2766	drawer cannot redeem or pay in full in cash the amount due and
2767	owing the deferred presentment provider, the deferred
2768	presentment provider shall provide a grace period extending the
2769	term of the agreement for an additional 60 days after the
2770	original termination date, without any additional charge.
2771	(a)  The provider shall require that as a condition of
2772	providing a this grace period, that within the first 7 days of
2773	the grace period the drawer make an appointment with a consumer
2774	credit counseling agency within 7 days after the end of the
2775	deferment period and complete the counseling by the end of the
2776	grace period. The drawer may agree to, comply with, and adhere
2777	to a repayment plan approved by the counseling agency. If the
2778	drawer agrees to comply with and adhere to a repayment plan
2779	approved by the counseling agency, the provider must is also
2780	required to comply with and adhere to that repayment plan. The
2781	deferred presentment provider may not deposit or present the
2782	drawer's check for payment before the end of the 60-day grace
2783	period unless the drawer fails to comply with such conditions or
2784	the drawer fails to notify the provider of such compliance.
2785	Before each deferred presentment transaction, the provider may
2786	verbally advise the drawer of the availability of the grace
2787	period consistent with the provisions of the written notice in
2788	subsection (20), and may shall not discourage the drawer from
2789	using the grace period.
2790	(b)  At the commencement of the grace period, the deferred
2791	presentment provider shall provide the drawer:
2792	1.  Verbal notice of the availability of the grace period
2793	consistent with the written notice in subsection (20).
2794	2.  A list of approved consumer credit counseling agencies
2795	prepared by the office. The office list shall include nonprofit
2796	consumer credit counseling agencies affiliated with the National
2797	Foundation for Credit Counseling which provide credit counseling
2798	services to state Florida residents in person, by telephone, or
2799	through the Internet. The office list must include phone numbers
2800	for the agencies, the counties served by the agencies, and
2801	indicate the agencies that provide telephone counseling and
2802	those that provide Internet counseling. The office shall update
2803	the list at least once each year.
2804	3.  The following notice in at least 14-point type in
2805	substantially the following form:
2806
2807	AS A CONDITION OF OBTAINING A GRACE PERIOD EXTENDING THE TERM OF
2808	YOUR DEFERRED PRESENTMENT AGREEMENT FOR AN ADDITIONAL 60 DAYS,
2809	UNTIL [DATE], WITHOUT ANY ADDITIONAL FEES, YOU MUST COMPLETE
2810	CONSUMER CREDIT COUNSELING PROVIDED BY AN AGENCY INCLUDED ON THE
2811	LIST THAT WILL BE PROVIDED TO YOU BY THIS PROVIDER. YOU MAY ALSO
2812	AGREE TO COMPLY WITH AND ADHERE TO A REPAYMENT PLAN APPROVED BY
2813	THE AGENCY. THE COUNSELING MAY BE IN PERSON, BY TELEPHONE, OR
2814	THROUGH THE INTERNET. YOU MUST NOTIFY US WITHIN 7 SEVEN (7)
2815	DAYS, BY [DATE], THAT YOU HAVE MADE AN APPOINTMENT WITH SUCH A
2816	CONSUMER CREDIT COUNSELING AGENCY. YOU MUST ALSO NOTIFY US
2817	WITHIN 60 SIXTY (60) DAYS, BY [DATE], THAT YOU HAVE COMPLETED
2818	THE CONSUMER CREDIT COUNSELING. WE MAY VERIFY THIS INFORMATION
2819	WITH THE AGENCY. IF YOU FAIL TO PROVIDE EITHER THE 7-DAY OR 60-
2820	DAY NOTICE, OR IF YOU HAVE NOT MADE THE APPOINTMENT OR COMPLETED
2821	THE COUNSELING WITHIN THE TIME REQUIRED, WE MAY DEPOSIT OR
2822	PRESENT YOUR CHECK FOR PAYMENT AND PURSUE ALL LEGALLY AVAILABLE
2823	CIVIL MEANS TO ENFORCE THE DEBT.
2824	(c)  If a drawer completes an approved payment plan, the
2825	deferred presentment provider shall pay one-half of the drawer's
2826	fee for the deferred presentment agreement to the consumer
2827	credit counseling agency.
2828	(23)  The office shall implement a common database with
2829	real-time access through an Internet connection for deferred
2830	presentment providers, as provided in this subsection. The
2831	database must be accessible to the office and the deferred
2832	presentment providers in order to verify whether any deferred
2833	presentment transactions are outstanding for a particular
2834	person. Deferred presentment providers shall submit such data
2835	before entering into each deferred presentment transaction in
2836	such format as required the commission shall require by rule,
2837	including the drawer's name, social security number or
2838	employment authorization alien number, address, driver's license
2839	number, amount of the transaction, date of transaction, the date
2840	that the transaction is closed, and such additional information
2841	as is required by rule the commission. The commission may by
2842	rule impose a fee of up to not to exceed $1 per transaction for
2843	data that must required to be submitted by a deferred
2844	presentment provider. A deferred presentment provider may rely
2845	on the information contained in the database as accurate and is
2846	not subject to any administrative penalty or civil liability due
2847	to as a result of relying on inaccurate information contained in
2848	the database. A deferred presentment provider must notify the
2849	office, in a manner as prescribed by rule, within 15 business
2850	days after ceasing operations or no longer holding a license
2851	under part II or part III of this chapter. Such notification
2852	must include a reconciliation of all open transactions. If the
2853	provider fails to provide notice, the office shall take action
2854	to administratively release all open and pending transactions in
2855	the database after the office becomes aware of the closure. This
2856	section does not affect the rights of the provider to enforce
2857	the contractual provisions of the deferred presentment
2858	agreements through any civil action allowed by law. The
2859	commission may adopt rules to administer and enforce the
2860	provisions of this subsection section and to ensure assure that
2861	the database is used by deferred presentment providers in
2862	accordance with this section.
2863	(24)  A deferred presentment provider may not accept more
2864	than one check or authorization to initiate more than one
2865	automated clearinghouse transaction to collect on a deferred
2866	presentment transaction for a single deferred presentment
2867	transaction.
2868	Section 46.  Section 560.405, Florida Statutes, is amended
2869	to read:
2870	560.405  Deposit; redemption.--
2871	(1)  The deferred presentment provider or its affiliate may
2872	shall not present the drawer's check before the end of the
2873	deferment period prior to the agreed-upon date of presentment,
2874	as reflected in the deferred presentment transaction agreement.
2875	(2)  Before a deferred presentment provider presents the
2876	drawer's check, the check must shall be endorsed with the actual
2877	name under which the deferred presentment provider is doing
2878	business.
2879	(3)  Notwithstanding the provisions of subsection (1), in
2880	lieu of presentment, a deferred presentment provider may allow
2881	the check to be redeemed at any time upon payment to the
2882	deferred presentment provider in the amount of the face amount
2883	of the drawer's check. However, payment may not be made in the
2884	form of a personal check. Upon redemption, the deferred
2885	presentment provider shall return the drawer's check that was
2886	being held and provide a signed, dated receipt showing that the
2887	drawer's check has been redeemed.
2888	(4)  A No drawer may not can be required to redeem his or
2889	her check before prior to the agreed-upon date; however, the
2890	drawer may choose to redeem the check before the agreed-upon
2891	presentment date.
2892	Section 47.  Section 560.406, Florida Statutes, is amended
2893	to read:
2894	560.406  Worthless checks.--
2895	(1)  If a check is returned to a deferred presentment
2896	provider from a payor financial institution due to lack of
2897	funds, a closed account, or a stop-payment order, the deferred
2898	presentment provider may seek collection pursuant to s. 68.065,
2899	except a deferred presentment provider may shall not be entitled
2900	to collect treble damages pursuant s. 68.065. The notice sent by
2901	the a deferred deposit provider may pursuant to s. 68.065 shall
2902	not include any references to treble damages and must clearly
2903	state that the deferred presentment provider is not entitled to
2904	recover such damages. Except as otherwise provided in this part,
2905	an individual who issues a personal check to a deferred
2906	presentment provider under a deferred presentment agreement is
2907	not subject to criminal penalty.
2908	(2)  If a check is returned to a deferred presentment
2909	provider from a payor financial institution due to insufficient
2910	funds, a closed account, or a stop-payment order, the deferred
2911	presentment provider may pursue all legally available civil
2912	remedies to collect the check, including, but not limited to,
2913	the imposition of all charges imposed on the deferred
2914	presentment provider by the any financial institution. In its
2915	collection practices, a deferred presentment provider must shall
2916	comply with the prohibitions against harassment or abuse, false
2917	or misleading representations, and unfair practices that which
2918	are contained in ss. 806, 807, and 808 of the Fair Debt
2919	Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, 1692f. A
2920	violation of this act is a deceptive and unfair trade practice
2921	and constitutes a violation of the Deceptive and Unfair Trade
2922	Practices Act under, part II of chapter 501. In addition, a
2923	deferred presentment provider must shall comply with the
2924	applicable provisions of part VI of chapter 559, the Consumer
2925	Collection Practices Act under part VI of chapter 559,
2926	including, but not limited to, the provisions of s. 559.77.
2927	(3)  A deferred presentment provider may not assess the
2928	cost of collection, other than charges for insufficient funds as
2929	allowed by law, without a judgment from a court of competent
2930	jurisdiction.
2931	Section 48.  Subsection (7) of section 499.005, Florida
2932	Statutes, is amended to read:
2933	499.005  Prohibited acts.--It is unlawful for a person to
2934	perform or cause the performance of any of the following acts in
2935	this state:
2936	(7)  The purchase or sale of prescription drugs for
2937	wholesale distribution in exchange for currency, as defined in
2938	s. 560.103 s. 560.103(6).
2939	Section 49.  Paragraph (i) of subsection (2) of section
2940	499.0691, Florida Statutes, is amended to read:
2941	499.0691  Criminal punishment for violations related to
2942	drugs; dissemination of false advertisement.--
2943	(2)  Any person who violates any of the following
2944	provisions commits a felony of the third degree, punishable as
2945	provided in s. 775.082, s. 775.083, or s. 775.084, or as
2946	otherwise provided in ss. 499.001-499.081.
2947	(i)  The purchase or sale of prescription drugs for
2948	wholesale distribution in exchange for currency, as defined in
2949	s. 560.103 s. 560.103(6).
2950	Section 50.  Paragraph (b) of subsection (2) of section
2951	501.95, Florida Statutes, is amended to read:
2952	501.95  Gift certificates and credit memos.--
2953	(2)
2954	(b)  Paragraph (a) does not apply to a gift certificate or
2955	credit memo sold or issued by a financial institution, as
2956	defined in s. 655.005, or by a money services business
2957	transmitter, as defined in s. 560.103, if the gift certificate
2958	or credit memo is redeemable by multiple unaffiliated merchants.
2959	Section 51.  Paragraph (n) of subsection (2) of section
2960	538.03, Florida Statutes, is amended to read:
2961	538.03  Definitions; applicability.--
2962	(2)  This chapter does not apply to:
2963	(n)  A business that contracts with other persons or
2964	entities to offer its secondhand goods for sale, purchase,
2965	consignment, or trade via an Internet website, and that
2966	maintains a shop, store, or other business premises for this
2967	purpose, if all of the following apply:
2968	1.  The secondhand goods must be available on the website
2969	for viewing by the public at no charge;
2970	2.  The records of the sale, purchase, consignment, or
2971	trade must be maintained for at least 2 years;
2972	3.  The records of the sale, purchase, consignment, or
2973	trade, and the description of the secondhand goods as listed on
2974	the website, must contain the serial number of each item, if
2975	any;
2976	4.  The secondhand goods listed on the website must be
2977	searchable based upon the state or zip code;
2978	5.  The business must provide the appropriate law
2979	enforcement agency with the name or names under which it
2980	conducts business on the website;
2981	6.  The business must allow the appropriate law enforcement
2982	agency to inspect its business premises at any time during
2983	normal business hours;
2984	7.  Any payment by the business resulting from such a sale,
2985	purchase, consignment, or trade must be made to the person or
2986	entity with whom the business contracted to offer the goods and
2987	must be made by check or via a money services business
2988	transmitter licensed under part II of chapter 560; and
2989	8.a.  At least 48 hours after the estimated time of
2990	contracting to offer the secondhand goods, the business must
2991	verify that any item having a serial number is not stolen
2992	property by entering the serial number of the item into the
2993	Department of Law Enforcement's stolen article database located
2994	at the Florida Crime Information Center's public access system
2995	website. The business shall record the date and time of such
2996	verification on the contract covering the goods. If such
2997	verification reveals that an item is stolen property, the
2998	business shall immediately remove the item from any website on
2999	which it is being offered and notify the appropriate law
3000	enforcement agency; or
3001	b.  The business must provide the appropriate law
3002	enforcement agency with an electronic copy of the name, address,
3003	phone number, driver's license number, and issuing state of the
3004	person with whom the business contracted to offer the goods, as
3005	well as an accurate description of the goods, including make,
3006	model, serial number, and any other unique identifying marks,
3007	numbers, names, or letters that may be on an item, in a format
3008	agreed upon by the business and the appropriate law enforcement
3009	agency. This information must be provided to the appropriate law
3010	enforcement agency within 24 hours after entering into the
3011	contract unless other arrangements are made between the business
3012	and the law enforcement agency.
3013	Section 52.  Subsection (10) of section 896.101, Florida
3014	Statutes, is amended to read:
3015	896.101  Florida Money Laundering Act; definitions;
3016	penalties; injunctions; seizure warrants; immunity.--
3017	(10)  Any financial institution, licensed money services
3018	business transmitter, or other person served with and complying
3019	with the terms of a warrant, temporary injunction, or other
3020	court order, including any subpoena issued under the authority
3021	granted by s. 16.56 or s. 27.04, obtained in furtherance of an
3022	investigation of any crime in this section, including any crime
3023	listed as specified unlawful activity under this section or any
3024	felony violation of chapter 560, has immunity from criminal
3025	liability and is shall not be liable to any person for any
3026	lawful action taken in complying with the warrant, temporary
3027	injunction, or other court order, including any subpoena issued
3028	under the authority granted by s. 16.56 or s. 27.04. If any
3029	subpoena issued under the authority granted by s. 16.56 or s.
3030	27.04 contains a nondisclosure provision, any financial
3031	institution, licensed money services business transmitter,
3032	employee or officer of a financial institution or licensed money
3033	services business transmitter, or any other person may not
3034	notify, directly or indirectly, any customer of that financial
3035	institution or licensed money services business transmitter
3036	whose records are being sought by the subpoena, or any other
3037	person named in the subpoena, about the existence or the
3038	contents of that subpoena or about information that has been
3039	furnished to the state attorney or statewide prosecutor who
3040	issued the subpoena or other law enforcement officer named in
3041	the subpoena in response to the subpoena.
3042	Section 53.  Subsection (5) of section 896.104, Florida
3043	Statutes, is amended to read:
3044	896.104  Structuring transactions to evade reporting or
3045	registration requirements prohibited.--
3046	(5)  INFERENCE.--Proof that a person engaged for monetary
3047	consideration in the business of a money funds transmitter, as
3048	defined in s. 560.103, s. 560.103(10) and who is transporting
3049	more than $10,000 in currency, or the foreign equivalent,
3050	without being licensed registered as a money transmitter or
3051	designated as an authorized vendor under the provisions of
3052	chapter 560, gives rise to an inference that the transportation
3053	was done with knowledge of the licensure registration
3054	requirements of chapter 560 and the reporting requirements of
3055	this chapter.
3056	Section 54.  Paragraph (g) of subsection (3) of section
3057	921.0022, Florida Statutes, is amended to read:
3058	921.0022  Criminal Punishment Code; offense severity
3059	ranking chart.--
3060	(3)  OFFENSE SEVERITY RANKING CHART
3061	(g)  LEVEL 7
	FloridaStatute FelonyDegree Description
3062
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
3063
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
3064
	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.
3065
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
3066
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
3067
	409.920(2) 3rd Medicaid provider fraud.
3068
	456.065(2) 3rd Practicing a health care profession without a license.
3069
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
3070
	458.327(1) 3rd Practicing medicine without a license.
3071
	459.013(1) 3rd Practicing osteopathic medicine without a license.
3072
	460.411(1) 3rd Practicing chiropractic medicine without a license.
3073
	461.012(1) 3rd Practicing podiatric medicine without a license.
3074
	462.17 3rd Practicing naturopathy without a license.
3075
	463.015(1) 3rd Practicing optometry without a license.
3076
	464.016(1) 3rd Practicing nursing without a license.
3077
	465.015(2) 3rd Practicing pharmacy without a license.
3078
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
3079
	467.201 3rd Practicing midwifery without a license.
3080
	468.366 3rd Delivering respiratory care services without a license.
3081
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
3082
	483.901(9) 3rd Practicing medical physics without a license.
3083
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
3084
	484.053 3rd Dispensing hearing aids without a license.
3085
	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.
3086
	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.
3087
	560.125(5)(a) 3rd Money services transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
3088
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
3089
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
3090
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
3091
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
3092
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
3093
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
3094
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
3095
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
3096
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
3097
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
3098
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
3099
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
3100
	784.048(7) 3rd Aggravated stalking; violation of court order.
3101
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
3102
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
3103
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
3104
	784.081(1) 1st Aggravated battery on specified official or employee.
3105
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
3106
	784.083(1) 1st Aggravated battery on code inspector.
3107
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
3108
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
3109
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
3110
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
3111
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
3112
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
3113
	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.
3114
	796.03 2nd Procuring any person under 16 years for prostitution.
3115
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
3116
	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.
3117
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
3118
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
3119
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
3120
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
3121
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
3122
	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.
3123
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
3124
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
3125
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
3126
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
3127
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
3128
	812.131(2)(a) 2nd Robbery by sudden snatching.
3129
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
3130
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
3131
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
3132
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
3133
	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.
3134
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
3135
	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.
3136
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
3137
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
3138
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
3139
	838.015 2nd Bribery.
3140
	838.016 2nd Unlawful compensation or reward for official behavior.
3141
	838.021(3)(a) 2nd Unlawful harm to a public servant.
3142
	838.22 2nd Bid tampering.
3143
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
3144
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
3145
	872.06 2nd Abuse of a dead human body.
3146
	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.
3147
	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.
3148
	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).
3149
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
3150
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
3151
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
3152
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
3153
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
3154
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
3155
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
3156
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
3157
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
3158
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
3159
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
3160
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
3161
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
3162
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
3163
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
3164
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
3165
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
3166
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
3167
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
3168
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
3169
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
3170
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
3171
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
3172
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
3173
3174	Section 55.  Sections 560.101, 560.102, 560.106, 560.1073,
3175	560.108, 560.112. 560.117, 560.200, 560.202, 560.206, 560.207,
3176	560.301, 560.302, 560.305, 560.306, 560.307, 560.308, 560.401,
3177	and 560.407, Florida Statutes, are repealed.
3178	Section 56.  This act shall take effect January 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.