Senate Bill sb2562
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2562
    By Senator Dockery
    15-1113B-04
  1                      A bill to be entitled
  2         An act relating to securities transactions;
  3         amending s. 560.103, F.S.; defining the term
  4         "unsafe and unsound practice" for purposes of
  5         the Money Transmitters' Code to include failure
  6         to comply with specified provisions of the Code
  7         of Federal Regulations relating to money and
  8         finance; amending s. 560.109, F.S.; authorizing
  9         the Office of Financial Regulation of the
10         Financial Services Commission to make
11         investigations or examinations to determine a
12         violation of provisions of the Code of Federal
13         Regulations relating to money and finance;
14         amending s. 560.114, F.S.; providing for
15         disciplinary actions for failure to maintain
16         all books, accounts, or other documents
17         pursuant to provisions of the Code of Federal
18         Regulations relating to money and finance;
19         amending s. 560.129, F.S.; providing that
20         financial records or information may be
21         furnished to any law enforcement agency;
22         providing an effective date.
23  
24  Be It Enacted by the Legislature of the State of Florida:
25  
26         Section 1.  Subsection (21) of section 560.103, Florida
27  Statutes, is amended to read:
28         560.103  Definitions.--As used in the code, unless the
29  context otherwise requires:
30         (21)  "Unsafe and or unsound practice" means:
31  
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2562
    15-1113B-04
 1         (a)  Any practice or conduct found by the office to be
 2  contrary to generally accepted standards applicable to the
 3  specific money transmitter, or a violation of any prior order
 4  of an appropriate regulatory agency, which practice, conduct,
 5  or violation creates the likelihood of material loss,
 6  insolvency, or dissipation of assets of the money transmitter
 7  or otherwise materially prejudices the interests of its
 8  customers; or.
 9         (b)  Failure to adhere to the provisions of 31 C.F.R.
10  ss. 103.20, 103.22, 103.27, 103.28, 103.29, 103.33, 103.37,
11  103.41, and 103.125 as they existed on March 31, 2004.
12  
13  In making a this determination under this subsection, the
14  office must consider the size and condition of the money
15  transmitter, the magnitude of the loss, the gravity of the
16  violation, and the prior conduct of the person or business
17  involved.
18         Section 2.  Subsection (1) of section 560.109, Florida
19  Statutes, is amended to read:
20         560.109  Investigations, subpoenas, hearings, and
21  witnesses.--
22         (1)  The office may make investigations or examinations
23  as prescribed in s. 560.118, within or outside this state,
24  which it deems necessary in order to determine whether a
25  person has violated any provision of the code, or the rules
26  adopted by the commission pursuant to the code, or 31 C.F.R.
27  ss. 103.20, 103.22, 103.27, 103.28, 103.29, 103.33, 103.37,
28  103.41, and 103.125 as they existed on March 31, 2004.
29         Section 3.  Paragraph (e) of subsection (1) of section
30  560.114, Florida Statutes, is amended to read:
31         560.114  Disciplinary actions.--
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2562
    15-1113B-04
 1         (1)  The following actions by a money transmitter or
 2  money transmitter-affiliated party are violations of the code
 3  and constitute grounds for the issuance of a cease and desist
 4  order, the issuance of a removal order, the denial of a
 5  registration application or the suspension or revocation of
 6  any registration previously issued pursuant to the code, or
 7  the taking of any other action within the authority of the
 8  office pursuant to the code:
 9         (e)  Failure to maintain, preserve, and keep available
10  for examination all books, accounts, or other documents
11  required by the code, by any rule or order adopted pursuant to
12  the code, by 31 C.F.R. ss. 103.20, 103.22, 103.27, 103.28,
13  103.29, 103.33, 103.37, 103.41, and 103.125 as they existed on
14  March 31, 2004, or by any agreement entered into with the
15  office.
16         Section 4.  Subsection (2) of section 560.129, Florida
17  Statutes, is amended to read:
18         560.129  Confidentiality.--
19         (2)  This section does not prevent or restrict:
20         (a)  Furnishing records or information to any
21  appropriate regulatory agency or law enforcement agency if
22  such agency adheres to the confidentiality provisions of the
23  code;
24         (b)  Furnishing records or information to an
25  independent third party or a certified public accountant who
26  has been approved by the office to conduct an examination
27  under s. 560.118(1)(b), if the independent third party or
28  certified public accountant adheres to the confidentiality
29  provisions of the code; or
30  
31  
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2562
    15-1113B-04
 1         (c)  Reporting any suspected criminal activity, with
 2  supporting documents and information, to appropriate law
 3  enforcement or prosecutorial agencies.
 4         Section 5.  This act shall take effect upon becoming a
 5  law.
 6  
 7            *****************************************
 8                          SENATE SUMMARY
 9    Revises the definition of the term "unsafe or unsound
      practice for purposes of the Money Transmitters' Code."
10    Provides that the Office of Financial Regulation may make
      investigations or examinations to determine a violation
11    of the Code of Federal Regulations relating to money and
      finance. Provides disciplinary actions for failure to
12    maintain all books, accounts, or other documents pursuant
      to the Code of Federal Regulations relating to money and
13    finance. Provides that financial records or information
      may be furnished to any law enforcement agency.
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                  4
CODING: Words stricken are deletions; words underlined are additions.