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	"adjusted net worth," "affiliated party," "branch office,"
7	"cashing," "compliance officer," "electronic instrument,"
8	"financial audit report," "foreign affiliate," "licensee,"
9	"location," "monetary value," "outstanding money
10	transmission," and "stored value"; amending s. 560.104,
11	F.S.; revising provision providing exemptions from ch.
12	560, F.S.; amending s. 560.105, F.S.; revising provisions
13	relating to the powers of the Office of Financial
14	Regulation and the Financial Services Commission; amending
15	s. 560.109, F.S.; revising provisions relating to
16	examinations and investigations conducted by the office;
17	requiring that the office to periodically examine each
18	licensee; requiring the office to report certain
19	violations to a criminal investigatory agency; requiring
20	that the office annually report to the Legislature
21	information concerning investigations and examinations and
22	the total amount of fines assessed and collected; creating
23	s. 560.1091, F.S.; requiring persons examined to pay the
24	expenses of examination as set by rule of the commission;
25	providing for the deposit of funds collected from
26	licensees; requiring payment for travel expenses and
27	living expenses and compensation for persons making the
28	examinations from such funds or from funds budgeted for
29	such purposes; creating s. 560.110, F.S.; providing for
30	record retention by licensees; amending s. 560.111, F.S.;
31	revising the list of prohibited acts by a money services
32	business; amending s. 560.113, F.S.; providing for the
33	establishment of a receivership or the payment of
34	restitution by a person found to have violated ch. 560,
35	F.S.; amending s. 560.114, F.S.; revising grounds for the
36	disciplinary actions; amending s. 560.115, F.S.; revising
37	provision relating to the voluntary surrender of a
38	license; amending s. 560.116, F.S.; revising provisions
39	relating to the granting of immunity for providing
40	information about alleged violations of ch. 560, F.S.;
41	amending s. 560.118, F.S.; revising provisions relating to
42	required reports; deleting an exemption from the
43	requirement to file an annual financial report;
44	transferring, renumbering, and amending s. 560.119, F.S.;
45	revising provisions providing for the deposit of fees and
46	assessments; amending s. 560.121, F.S.; revising
47	restriction on access to records held by a court or the
48	Legislature; amending s. 560.123, F.S.; revising
49	provisions relating to the Florida Control of Money
50	Laundering in Money Services Business; creating s.
51	560.1235, F.S.; requiring a licensee to comply with state
52	and federal money laundering laws and rules; amending s.
53	560.124, F.S.; revising provisions relating to sharing
54	reported information; amending s. 560.125, F.S.; revising
55	provisions relating to unlicensed activity; amending s.
56	560.126, F.S.; revising provisions relating to certain
57	notice requirements by a licensee; amending s. 560.127,
58	F.S.; revising provisions relating to the control of a
59	money services business; amending s. 560.128, F.S.;
60	revising provisions relating to customer contacts and
61	license display; amending s. 560.129, F.S.; revising
62	provisions relating to the confidentiality of certain
63	records; creating s. 560.140, F.S.; providing licensing
64	standards for a money services business; creating s.
65	560.141, F.S.; providing for a license application;
66	creating s. 560.142, F.S.; providing for license renewal;
67	creating s. 560.143, F.S.; providing for license fees;
68	amending s. 560.203, F.S.; revising the exemption from
69	licensure for authorized agents of a money services
70	business; amending s. 560.204, F.S.; revising provisions
71	relating to the requirement for licensure of money
72	transmitters or sellers of payment instruments under part
73	II of ch. 560, F.S.; amending s. 560.205, F.S.; providing
74	additional requirements for a license application;
75	amending s. 560.208, F.S.; revising provisions relating to
76	the conduct of a licensee; creating s. 560.2085, F.S.;
77	providing requirements for authorized agents; amending s.
78	560.209, F.S.; revising provisions relating to a
79	licensee's adjusted net worth and the filing of a
80	corporate surety bond; requiring a financial audit report;
81	increasing the upper limit of the bond; deleting the
82	option of waiving the bond; amending s. 560.210, F.S.;
83	revising provisions relating to permissible investments;
84	amending s. 560.211, F.S.; revising provisions relating to
85	required recordkeeping under part II of ch. 560, F.S.;
86	amending s. 560.212, F.S.; revising provisions relating to
87	licensee liability; amending s. 560.213, F.S.; revising
88	provisions relating information that must be printed on a
89	payment instrument; amending s. 560.303, F.S.; revising
90	provisions relating to the licensure of check cashers
91	under part II of ch. 560, F.S.; amending s. 560.304, F.S.;
92	revising provisions relating to exemptions from licensure;
93	limiting the exemption for the payment of instruments
94	below a certain value; amending s. 560.309, F.S.; revising
95	provisions relating to the conduct of check cashers;
96	providing additional requirements; amending s. 560.310,
97	F.S.; revising requirements for licensee records;
98	specifying the maintenance of identification records for
99	certain customers; amending s. 560.402, F.S.; revising
100	definitions relating to deferred presentment providers;
101	amending s. 560.403, F.S.; revising provisions relating to
102	the licensing requirements for deferred presentment
103	providers; amending s. 560.404, F.S.; revising provisions
104	relating to deferred presentment transactions; amending s.
105	560.405, F.S.; revising provisions relating to the
106	redemption or deposit of a deferred presentment
107	transaction; amending s. 560.406, F.S.; revising
108	provisions relating to worthless checks; amending ss.
109	499.005, 499.0691, 501.95, 538.03, 896.101, 896.104, and
110	921.0022, F.S.; conforming cross-references; repealing s.
111	560.101, F.S., relating to a short title; repealing s.
112	560.102, F.S., relating to purpose and application;
113	repealing s. 560.106, F.S., relating to chapter
114	constructions; repealing s. 560.1073, F.S., relating to
115	false or misleading statements or documents; repealing s.
116	560.108, F.S., relating to administrative enforcement
117	guidelines; repealing s. 560.112, F.S., relating to
118	disciplinary action procedures; repealing s. 560.117,
119	F.S., relating to administrative fines; repealing s.
120	560.200, F.S., relating to a short title; repealing s.
121	560.202, F.S., relating to definitions; repealing s.
122	560.206, F.S., relating to the investigation of
123	applicants; repealing s. 560.207, F.S., relating to
124	registration; repealing s. 560.301, F.S., relating to a
125	short title; repealing s. 560.302, F.S., relating to
126	definitions; repealing s. 560.305, F.S., relating to
127	application for registration; repealing s. 560.306, F.S.,
128	relating to standards; repealing s. 560.307, F.S.,
129	relating to fees; repealing s. 560.308, F.S., relating to
130	registration; repealing s. 560.401, F.S., relating to a
131	short title; repealing s. 560.407, F.S., relating to
132	required records; providing effective dates.
133
134	Be It Enacted by the Legislature of the State of Florida:
135
136	Section 1.  Section 560.103, Florida Statutes, is amended
137	to read:
138	560.103  Definitions.--As used in this chapter, the term
139	the code, unless the context otherwise requires:
140	(1)  "Adjusted net worth" means assets minus liabilities,
141	determined in accordance with United States generally accepted
142	accounting principles, that have been adjusted to exclude the
143	following assets:
144	(a)  Goodwill.
145	(b)  A home, home furnishings, automobiles, and any other
146	personal items.
147	(c)  Advances or loans to an affiliated party.
148	(d)  Receivables from officers, directors, shareholders, or
149	affiliated parties other than receivables in the normal course
150	of business.
151	(e)  Accounts receivables owed by authorized agents which
152	are due more than 90 days after the date of receipt of monetary
153	value from the customer.
154	(2) "Affiliated party" means a director, officer,
155	responsible person, employee, or foreign affiliate of a money
156	services business, or a person who has a controlling interest in
157	a money services business as provided in s. 560.127.
158	(3)(1)  "Appropriate regulator" means a any state, or
159	federal, or foreign agency that, including the commission or
160	office, which has been granted state or federal statutory
161	authority to enforce state, federal, or foreign laws related to
162	a money services business or deferred presentment provider with
163	regard to the money transmission function.
164	(4)(2)  "Authorized agent vendor" means a person designated
165	by a money services business licensed under part II of this
166	chapter a registrant to act engage in the business of a money
167	transmitter on behalf of the licensee the registrant at
168	locations in this state pursuant to a written contract with the
169	licensee registrant.
170	(5)  "Branch office" means the physical location, other
171	than the principal place of business, of a money services
172	business operated by a licensee under this chapter.
173	(6)  "Cashing" means providing currency for payment
174	instruments except for travelers checks.
175	(7)(3)  "Check casher" means a person who, for
176	compensation, sells currency in exchange for payment instruments
177	received, except travelers checks and foreign-drawn payment
178	instruments.
179	(4)  "Code" means the "Money Transmitters' Code,"
180	consisting of:
181	(a)  Part I of this chapter, relating to money transmitters
182	generally.
183	(b)  Part II of this chapter, relating to payment
184	instruments and funds transmission.
185	(c)  Part III of this chapter, relating to check cashing
186	and foreign currency exchange.
187	(d)  Part IV of this chapter, relating to deferred
188	presentments.
189	(8)  "Commission" means the Financial Services Commission.
190	(9)  "Compliance officer" means the individual in charge of
191	overseeing, managing, and ensuring that a money services
192	business is in compliance with all state and federal laws and
193	rules relating to money services businesses, as applicable,
194	including all money laundering laws and rules.
195	(5)  "Consideration" means and includes any premium charged
196	for the sale of goods, or services provided in connection with
197	the sale of the goods, which is in excess of the cash price of
198	such goods.
199	(10)(6)  "Currency" means the coin and paper money of the
200	United States or of any other country which is designated as
201	legal tender and which circulates and is customarily used and
202	accepted as a medium of exchange in the country of issuance.
203	Currency includes United States silver certificates, United
204	States notes, and Federal Reserve notes. Currency also includes
205	official foreign bank notes that are customarily used and
206	accepted as a medium of exchange in a foreign country.
207	(7)  "Commission" means the Financial Services Commission.
208	(11)  "Deferred presentment provider" means a person who is
209	licensed under part II or part III of this chapter and has filed
210	a declaration of intent with the office to engage in deferred
211	presentment transactions as provided under part IV of this
212	chapter.
213	(12)  "Electronic instrument" means a card, tangible
214	object, or other form of electronic payment for the transmission
215	or payment of money or the exchange of monetary value, including
216	a stored value card or device that contains a microprocessor
217	chip, magnetic stripe, or other means for storing information;
218	that is prefunded; and for which the value is decremented upon
219	each use.
220	(13)  "Financial audit report" means a report prepared in
221	connection with a financial audit that is conducted in
222	accordance with generally accepted auditing standards prescribed
223	by the American Institute of Certified Public Accountants by a
224	certified public accountant licensed to do business in the
225	United States, and which must include:
226	(a)  Financial statements, including notes related to the
227	financial statements and required supplementary information,
228	prepared in conformity with accounting principles generally
229	accepted in the United States. The notes must, at a minimum,
230	include detailed disclosures regarding receivables that are
231	greater than 90 days, if the total amount of such receivables
232	represent more than 2 percent of the licensee's total assets.
233	(b)  An expression of opinion regarding whether the
234	financial statements are presented in conformity with accounting
235	principles generally accepted in the United States, or an
236	assertion to the effect that such an opinion cannot be expressed
237	and the reasons.
238	(14)  "Foreign affiliate" means a person located outside
239	this state who has been designated by a licensee to make
240	payments on behalf of the licensee to persons who reside outside
241	this state. The term also includes a person located outside of
242	this state for whom the licensee has been designated to make
243	payments in this state.
244	(8)  "Office" means the Office of Financial Regulation of
245	the commission.
246	(15)(9)  "Foreign currency exchanger" means a person who
247	exchanges, for compensation, currency of the United States or a
248	foreign government to currency of another government.
249	(10)  "Funds transmitter" means a person who engages in the
250	receipt of currency or payment instruments for the purpose of
251	transmission by any means, including transmissions within this
252	country or to or from locations outside this country, by wire,
253	facsimile, electronic transfer, courier, or otherwise.
254	(16)  "Licensee" means a person licensed under this
255	chapter.
256	(17)  "Location" means a branch office, mobile location, or
257	an authorized agent whose business activity is regulated under
258	this chapter.
259	(18)  "Monetary value" means a medium of exchange, whether
260	or not redeemable in currency.
261	(19)(11)  "Money services business transmitter" means any
262	person located in or doing business in this state, from this
263	state, or into this state from locations outside this state or
264	country who acts as a payment instrument seller, foreign
265	currency exchanger, check casher, or money funds transmitter, or
266	deferred presentment provider.
267	(20)  "Money transmitter" means a person who receives
268	currency, monetary value, or payment instruments for the purpose
269	of transmitting the same by any means, including transmission by
270	wire, facsimile, electronic transfer, courier, the Internet, or
271	through bill payment services or other businesses that
272	facilitate such transfer within this country, or to or from this
273	country.
274	(12)  "Money transmitter-affiliated party" means any
275	director, officer, responsible person, employee, authorized
276	vendor, independent contractor of a money transmitter, or a
277	person who has filed, is required to file, or is found to
278	control a money transmitter pursuant to s. 560.127, or any
279	person engaged in any jurisdiction, at any time, in the business
280	of money transmission as a controlling shareholder, director,
281	officer, or responsible person who becomes involved in a similar
282	capacity with a money transmitter registered in this state.
283	(21)  "Office" means the Office of Financial Regulation of
284	the commission.
285	(22)(13)  "Officer" means an individual, other than a
286	director whether or not the individual has an official title or
287	receives a salary or other compensation, who participates in, or
288	has authority to participate, other than in the capacity of a
289	director, in, the major policymaking functions of a the money
290	services transmitter business, regardless of whether the
291	individual has an official title or receives a salary or other
292	compensation.
293	(23)  "Outstanding money transmission" means a money
294	transmission request to a designated recipient or a refund to a
295	sender that has not been completed.
296	(24)(14)  "Outstanding payment instrument instruments"
297	means an unpaid payment instrument instruments whose sale has
298	been reported to a licensee registrant.
299	(25)(15)  "Payment instrument" means a check, draft,
300	warrant, money order, travelers check, electronic instrument, or
301	other instrument, or payment of money, or monetary value whether
302	or not negotiable. The term Payment instrument does not include
303	an instrument that is redeemable by the issuer in merchandise or
304	service, a credit card voucher, or a letter of credit.
305	(26)(16)  "Payment instrument seller" means a person who
306	sells a payment instrument.
307	(27)(17)  "Person" means an any individual, partnership,
308	association, trust, corporation, limited liability company, or
309	other group, however organized, but does not include a public
310	the governments of the United States or this state or any
311	department, agency, or instrumentality thereof.
312	(18)  "Registrant" means a person registered by the office
313	pursuant to the code.
314	(28)(19)  "Responsible person" means an individual a person
315	who is employed by or affiliated with a money services business
316	transmitter and who has principal active management authority
317	over the business decisions, actions, and activities of the
318	money services business transmitter in this state.
319	(29)(20)  "Sells Sell" means to sell, issue, provide, or
320	deliver.
321	(30)  "Stored value" means funds or monetary value
322	represented in digital electronics format, whether or not
323	specially encrypted, and stored or capable of storage on
324	electronic media in such a way as to be retrievable and transfer
325	electronically.
326	(21)  "Unsafe and unsound practice" means:
327	(a)  Any practice or conduct found by the office to be
328	contrary to generally accepted standards applicable to the
329	specific money transmitter, or a violation of any prior order of
330	an appropriate regulatory agency, which practice, conduct, or
331	violation creates the likelihood of material loss, insolvency,
332	or dissipation of assets of the money transmitter or otherwise
333	materially prejudices the interests of its customers; or
334	(b)  Failure to adhere to the provisions of 31 C.F.R. ss.
335	103.20, 103.22, 103.27, 103.28, 103.29, 103.33, 103.37, 103.41,
336	and 103.125 as they existed on March 31, 2004.
337
338	In making a determination under this subsection, the office must
339	consider the size and condition of the money transmitter, the
340	magnitude of the loss, the gravity of the violation, and the
341	prior conduct of the person or business involved.
342	Section 2.  Section 560.104, Florida Statutes, is amended
343	to read:
344	560.104  Exemptions.--The following entities are exempt
345	from the provisions of this chapter the code:
346	(1)  Banks, credit card banks, credit unions, trust
347	companies, associations, offices of an international banking
348	corporation, Edge Act or agreement corporations, or other
349	financial depository institutions organized under the laws of
350	any state or the United States, provided that they do not sell
351	payment instruments through authorized vendors who are not such
352	entities.
353	(2)  The United States or any agency or department,
354	instrumentality, or agency thereof.
355	(3)  This state or any political subdivision of this state.
356	Section 3.  Section 560.105, Florida Statutes, is amended
357	to read:
358	560.105  Supervisory powers; rulemaking.--
359	(1)  Consistent with the purposes of the code, The office
360	shall have:
361	(a)  Supervise Supervision over all money services
362	businesses transmitters and their authorized agents vendors.
363	(b)  Have access to the books and records of persons over
364	whom the office supervises exercises supervision as is necessary
365	to carry out for the performance of the duties and functions of
366	the office under this chapter prescribed by the code.
367	(c)  Power to Issue orders and declaratory statements,
368	disseminate information, and otherwise administer and enforce
369	this chapter and all related rules in order exercise its
370	discretion to effectuate the purposes, policies, and provisions
371	of this chapter the code.
372	(2)  Consistent with the purposes of the code, The
373	commission may adopt rules pursuant to ss. 120.536(1) and 120.54
374	to administer this chapter implement the provisions of the code.
375	(a)(3)  The commission may adopt rules pursuant to ss.
376	120.536(1) and 120.54 requiring electronic submission of any
377	forms, documents, or fees required by this chapter, which must
378	code if such rules reasonably accommodate technological or
379	financial hardship. The commission may prescribe by rule
380	requirements and provide procedures for obtaining an exemption
381	due to a technological or financial hardship.
382	(b)  Rules adopted to regulate money services businesses,
383	including deferred presentment providers, must be responsive to
384	changes in economic conditions, technology, and industry
385	practices.
386	Section 4.  Section 560.109, Florida Statutes, is amended
387	to read:
388	560.109  Examinations and investigations, subpoenas,
389	hearings, and witnesses.--
390	(1)  The office may conduct examinations and make
391	investigations or examinations as prescribed in s. 560.118,
392	within or outside this state, which it deems necessary in order
393	to determine whether a person has violated any provision of this
394	chapter and related rules the code, the rules adopted by the
395	commission pursuant to the code, or of any practice or conduct
396	that creates the likelihood of material loss, insolvency, or
397	dissipation of the assets of a money services business or
398	otherwise materially prejudices the interests of their customers
399	31 C.F.R. ss. 103.20, 103.22, 103.27, 103.28, 103.29, 103.33,
400	103.37, 103.41, and 103.125 as they existed on March 31, 2004.
401	(1)  The office may examine each licensee as often as is
402	warranted for the protection of customers and in the public
403	interest, but at least once every 5 years. The office shall
404	provide at least 15 days' notice to a money services business,
405	its authorized agent, or license applicant before conducting an
406	examination or investigation. However, the office may conduct an
407	examination or investigation of a money services business,
408	authorized agent, or affiliated party at any time and without
409	advance notice if the office suspects that the money services
410	business, authorized agent, or affiliated party has violated or
411	is about to violate any provisions of this chapter or any
412	criminal laws of this state or of the United States.
413	(2)  The office may conduct a joint or concurrent
414	examination with any state or federal regulatory agency and may
415	furnish a copy of all examinations to an appropriate regulator
416	if the regulator agrees to abide by the confidentiality
417	provisions in chapter 119 and this chapter. The office may also
418	accept an examination from any appropriate regulator or,
419	pursuant to s. 560.1091, from an independent third party that
420	has been approved by the office.
421	(3)  Persons subject to this chapter who are examined or
422	investigated shall make available to the office, its examiners,
423	or investigators, all books, accounts, documents, files,
424	information, assets, and matters that are in their immediate
425	possession or control and that relate to the subject of the
426	examination or investigation.
427	(a)  Records not in their immediate possession must be made
428	available to the office, or the office's examiners or
429	investigators, within 3 days after actual notice is served.
430	(b)  Upon notice, the office may require that records that
431	written in a language other than English be accompanied by a
432	certified translation at the expense of the licensee.
433	(4)(2)(a)  In the course of or in connection with any
434	examination or an investigation conducted by the office:
435	(a)  An employee of the office holding the title and
436	position of a pursuant to the provisions of subsection (1) or an
437	investigation or examination in connection with any application
438	to the office for the organization or establishment of a money
439	transmitter business, or in connection with an examination or
440	investigation of a money transmitter or its authorized vendor,
441	the office, or any of its officers holding no lesser title and
442	position than financial examiner or analyst, financial
443	investigator, or attorney at law, or higher may:
444	1.  Administer oaths and affirmations.
445	2.  Take or cause to be taken testimony and depositions.
446	(b)  The office, or any of its employees officers holding a
447	title of no lesser title than attorney, or area financial
448	manager, or higher may issue, revoke, quash, or modify subpoenas
449	and subpoenas duces tecum under the seal of the office or cause
450	any such subpoena or subpoena duces tecum to be issued by any
451	county court judge or clerk of the circuit court or county court
452	to require persons to appear before the office at a reasonable
453	time and place to be therein named and to bring such books,
454	records, and documents for inspection as may be therein
455	designated. Such subpoenas may be served by a representative of
456	the office or may be served as otherwise provided for by law for
457	the service of subpoenas.
458	(c)  In connection with any such investigation or
459	examination, The office may allow permit a person to file a
460	statement in writing, under oath, or otherwise as the office
461	determines, as to facts and circumstances specified by the
462	office.
463	(5)(3)(a)  If a person does not comply In the event of
464	noncompliance with a subpoena issued or caused to be issued by
465	the office pursuant to this section, the office may petition a
466	court of competent jurisdiction the circuit court of the county
467	in which the person subpoenaed resides or has its principal
468	place of business for an order requiring the subpoenaed person
469	to appear and testify and to produce such books, records, and
470	documents as are specified in the such subpoena duces tecum. The
471	office is entitled to the summary procedure provided in s.
472	51.011, and the court shall advance the cause on its calendar.
473	(a)(b)  A copy of the petition shall be served upon the
474	person subpoenaed by any person authorized by this section to
475	serve subpoenas, who shall make and file with the court an
476	affidavit showing the time, place, and date of service.
477	(b)(c)  At a any hearing on the any such petition, the
478	person subpoenaed, or any person whose interests are will be
479	substantially affected by the investigation, examination, or
480	subpoena, may appear and object to the subpoena and to the
481	granting of the petition. The court may make any order that
482	justice requires in order to protect a party or other person and
483	her or his personal and property rights, including, but not
484	limited to, protection from annoyance, embarrassment,
485	oppression, or undue burden, or expense.
486	(c)(d)  Failure to comply with an order granting, in whole
487	or in part, a petition for enforcement of a subpoena is a
488	contempt of the court.
489	(6)(4)  Witnesses are entitled to the same fees and mileage
490	to which they would be entitled by law for attending as
491	witnesses in the circuit court, except that no fees or mileage
492	is not allowed for the testimony of a person taken at the
493	person's principal office or residence.
494	(7)(5)  Reasonable and necessary costs incurred by the
495	office and payable to third parties in connection persons
496	involved with examinations or investigations may be assessed
497	against any person on the basis of actual costs incurred.
498	Assessable expenses include, but are not limited to,: expenses
499	for: interpreters; certified translations of documents into the
500	English language required by this chapter or related rules;
501	expenses for communications; expenses for legal representation;
502	expenses for economic, legal, or other research, analyses, and
503	testimony; and fees and expenses for witnesses. The failure to
504	reimburse the office is a ground for denial of the registration
505	application or for revocation of any approval thereof. No such
506	Costs may not shall be assessed against a person unless the
507	office has determined that the person has operated or is
508	operating in violation of this chapter the code.
509	(8)  The office shall report any violation of law that may
510	be a felony to the appropriate criminal investigatory agency
511	having jurisdiction with respect to such violation.
512	(9)  The office shall prepare and submit a report to the
513	President of the Senate and the Speaker of the House of
514	Representatives by January 1 of each year which includes:
515	(a)  The total number of examinations and investigations
516	that resulted in a referral to a state or federal agency and the
517	disposition of each of those referrals by agency.
518	(b)  The total number of initial referrals received from
519	another state or federal agency, the total number of
520	examinations and investigations opened as a result of referrals,
521	and the disposition of each of those cases.
522	(c)  The number of examinations or investigations
523	undertaken by the office which were not the result of a referral
524	from another state agency or a federal agency.
525	(d)  The total amount of fines assessed and collected by
526	the office as a result of an examination or investigation of
527	activities regulated under parts II and III of this chapter.
528	Section 5.  Section 560.1091, Florida Statutes, is created
529	to read:
530	560.1091  Contracted examinations.--The office may contract
531	with third parties to conduct examinations under this chapter.
532	(1)  The person or firm selected by the office must not
533	have a conflict of interest that might affect its ability to
534	independently perform its responsibilities with respect to an
535	examination.
536	(2)  The examiner must be an independent certified public
537	accountant or information technologist meeting criteria
538	specified in rule.
539	(3)  The licensee subject to the examination must pay to
540	the office the expenses of the examination at rates adopted by
541	commission rule.
542	(a)  The rates charged must be consistent with rates
543	charged by other persons in a similar profession and comparable
544	with the rates charged for comparable examinations.
545	(b)  Allowable expenses include actual travel expenses, an
546	allowance for reasonable living expenses, compensation of the
547	examiner or other person making the examination, and necessary
548	administrative costs directly related to the examination.
549	Allowances for travel and living expenses are limited to those
550	expenses incurred to conduct the examination.
551	(c)  A detailed statement of allowable expenses shall be
552	submitted to the office by the examiner and must be approved by
553	the office prior to being submitted by the office to the
554	licensee for payment.
555	(d)  Notwithstanding s. 112.061, an examiner conducting an
556	examination of a licensee may be paid for his or her actual
557	travel expenses, reasonable allowance for living expenses, and
558	compensation in accordance with the statement filed with the
559	office by the contractor under paragraph (c). When not examining
560	a licensee, the travel expenses, per diem, and compensation for
561	examiners shall be paid out of moneys budgeted for such purpose
562	and in accordance with s. 112.061.
563	(4)  All moneys collected from a licensee for the expenses
564	of an examination shall be deposited into the Regulatory Trust
565	Fund and used by the office to pay the examiner.
566	(5)  The commission shall adopt rules to administer this
567	section.
568	Section 6.  Section 560.110, Florida Statutes, is created
569	to read:
570	560.110  Records retention.--Each licensee and its
571	authorized agents must maintain all books, accounts, documents,
572	files, and information necessary for determining compliance with
573	this chapter and related rules for 5 years unless a longer
574	period is required by other state or federal law.
575	(1)  The records required under this chapter may be
576	maintained by the licensee at any location identified in its
577	license application or by amendment to the application. The
578	licensee must make such records available to the office for
579	examination and investigation in this state within 3 business
580	days after receipt of a written request.
581	(2)  The original of any record of a licensee or authorized
582	agent includes a record stored or transmitted by electronic,
583	computerized, mechanized, or other information storage or
584	retrieval or transmission system or device that can generate,
585	regenerate, or transmit the precise data or other information
586	comprising the record. An original also includes the visible
587	data or other information so generated, regenerated, or
588	transmitted if it is legible or can be made legible by
589	enlargement or other process.
590	(3)  The commission may adopt rules to administer this
591	section and ss. 560.211 and 560.310. In adopting rules, the
592	commission shall take into consideration the federal regulations
593	that affect the money services business industry or a deferred
594	payment provider, including any guidance issued by a federal
595	regulatory agency.
596	(4)  Any person who willfully fails to comply with this
597	section or ss. 560.211 and 560.310 commits a felony of the third
598	degree, punishable as provided in s. 775.082, s. 775.083, or s.
599	775.084.
600	Section 7.  Section 560.111, Florida Statutes, is amended
601	to read:
602	560.111  Prohibited acts and practices.--
603	(1)  A money services business, authorized agent, or
604	affiliated party may not It is unlawful for any money
605	transmitter or money transmitter-affiliated party to:
606	(a)  Receive or possess itself of any property except
607	otherwise than in payment of a just demand, and, with intent to
608	deceive or defraud, to omit to make or to cause to be made a
609	full and true entry thereof in its books and accounts, or to
610	concur in omitting to make any material entry thereof.;
611	(b)  Embezzle, abstract, or misapply any money, property,
612	or thing of value belonging to the money services business, its
613	authorized agent, or customer of the money transmitter or
614	authorized vendor with intent to deceive or defraud. such money
615	transmitter or authorized vendor;
616	(c)  Make any false entry in its books, accounts, reports,
617	files, or documents any book, report, or statement of such money
618	transmitter or authorized vendor with intent to deceive or
619	defraud such money transmitter, authorized vendor, or another
620	person, or with intent to deceive the office, any appropriate
621	regulator other state or federal regulatory agency, or any
622	authorized third party representative appointed by the office to
623	examine or investigate the affairs of the money services
624	business or its authorized agent. such money transmitter or
625	authorized vendor;
626	(d)  Engage in an act that violates 18 U.S.C. s. 1956, 18
627	U.S.C. s. 1957, 31 U.S.C. s. 5324, or any other law, rule, or
628	regulation of another state, or of the United States, or any
629	foreign jurisdiction relating to a money services business,
630	deferred presentment provider, the business of money
631	transmission or usury which may cause the denial or revocation
632	of a money services business or deferred presentment provider
633	transmitter license or the equivalent registration in that such
634	jurisdiction.;
635	(e)  File with the office, sign as a duly authorized
636	representative, or deliver or disclose, by any means, to the
637	office or any of its employees any examination report, report of
638	condition, report of income and dividends, audit, account,
639	statement, file, or document known by it to be fraudulent or
640	false as to any material matter.; or
641	(f)  Place among the assets of a money services business or
642	its authorized agent such money transmitter or authorized vendor
643	any note, obligation, or security that the money services
644	business or its authorized agent transmitter or authorized
645	vendor does not own or is known to be that to the person's
646	knowledge is fraudulent or otherwise worthless, or for any such
647	person to represent to the office that any note, obligation, or
648	security carried as an asset of such money transmitter or
649	authorized vendor is the property of the money services business
650	or its authorized agent transmitter or authorized vendor and is
651	genuine if it is known to be such person that such
652	representation is false or that such note, obligation, or
653	security is fraudulent or otherwise worthless.
654	(2)  A It is unlawful for any person may not to knowingly
655	execute, or attempt to execute, a scheme or artifice to defraud
656	a money services business or its authorized agent transmitter or
657	authorized vendor, or to obtain any of the moneys, funds,
658	credits, assets, securities, or other property owned by, or
659	under the custody or control of, a money services business or
660	its authorized agent transmitter or authorized vendor, by means
661	of false or fraudulent pretenses, representations, or promises.
662	(3)  Any person who violates any provision of this section
663	commits a felony of the third degree, punishable as provided in
664	s. 775.082, s. 775.083, or s. 775.084.
665	(4)  Any person who willfully violates any provision of s.
666	560.403, s. 560.404, s. 560.405, or s. 560.407 commits a felony
667	of the third degree, punishable as provided in s. 775.082, s.
668	775.083, or s. 775.084.
669	Section 8.  Section 560.113, Florida Statutes, is amended
670	to read:
671	560.113  Injunctions; receiverships; restitution.--Whenever
672	a violation of the code is threatened or impending and such
673	violation will cause substantial injury to any person, the
674	circuit court has jurisdiction to hear any complaint filed by
675	the office and, upon proper showing, to issue an injunction
676	restraining such violation or granting other such appropriate
677	relief.
678	(1)  If the office determines that any person has engaged
679	in or is about to engage in any action that is a violation of
680	this chapter or related rules, the office may, in addition to or
681	in lieu of other remedies, bring an action on behalf of the
682	state in the circuit court against the person and any other
683	person acting in concert with such person to enjoin such person
684	from engaging in such act. The office may apply for, and on due
685	showing be entitled to have issued, the court's subpoena
686	requiring the appearance of the person and her or his employees,
687	associated persons, or agents and the production of any
688	documents, books, or records that may appear necessary for the
689	hearing of the petition, and to testify or give evidence
690	concerning the acts complained of.
691	(2)  In addition to, or in lieu of, the enforcement of a
692	temporary restraining order, temporary injunction, or permanent
693	injunction against the person, the court may, upon application
694	of the office, impound and appoint a receiver or administrator
695	for the property, assets, and business of the defendant,
696	including, but not limited to, any related books, records,
697	documents, or papers. The receiver or administrator shall have
698	all powers and duties conferred by the court as to the custody,
699	collection, administration, winding up, and liquidation of the
700	property and business. The court may issue orders and decrees
701	staying all pending suits and enjoining any further suits
702	affecting the receiver's or administrator's custody or
703	possession of the property, assets, and business or may, with
704	the consent of the presiding judge of the circuit, require that
705	all such suits be assigned to the judge appointing the receiver
706	or administrator.
707	(3)  In addition to, or in lieu of, any other remedies
708	provided under this chapter, the office may apply to the court
709	hearing the matter for an order directing the defendant to make
710	restitution of those sums shown by the office to have been
711	obtained in violation of this chapter. Such restitution shall,
712	at the option of the court, be payable to the administrator or
713	receiver appointed under this section or directly to the persons
714	whose assets were obtained in violation of this chapter.
715	Section 9.  Section 560.114, Florida Statutes, is amended
716	to read:
717	560.114  Disciplinary actions; penalties.--
718	(1)  The following actions by a money services business,
719	authorized agent, or affiliated party transmitter or money
720	transmitter-affiliated party are violations of the code and
721	constitute grounds for the issuance of a cease and desist order,
722	the issuance of a removal order, the denial, of a registration
723	application or the suspension, or revocation of a license any
724	registration previously issued pursuant to the code, or the
725	taking of any other action within the authority of the office
726	pursuant to this chapter the code:
727	(a)  Failure to comply with any provision of this chapter
728	or related the code, any rule or order adopted pursuant thereto,
729	or any written agreement entered into with the office.
730	(b)  Fraud, misrepresentation, deceit, or gross negligence
731	in any transaction by a involving money services business
732	transmission, regardless of reliance thereon by, or damage to, a
733	money transmitter customer.
734	(c)  Fraudulent misrepresentation, circumvention, or
735	concealment of any matter that must required to be stated or
736	furnished to a money transmitter customer pursuant to this
737	chapter the code, regardless of reliance thereon by, or damage
738	to, such customer.
739	(d)  False, deceptive, or misleading advertising.
740	(e)  Failure to maintain, preserve, and keep available for
741	examination, and produce all books, accounts, files, or other
742	documents required by this chapter or related rules or orders
743	the code, by any rule or order adopted pursuant to the code, by
744	31 C.F.R. ss. 103.20, 103.22, 103.23, 103.27, 103.28, 103.29,
745	103.33, 103.37, 103.41, and 103.125 as they existed on March 31,
746	2004, or by any agreement entered into with the office.
747	(f)  Refusing to allow Refusal to permit the examination or
748	inspection of books, accounts, files, or other documents and
749	records in an investigation or examination by the office,
750	pursuant to this chapter the provisions of the code, or to
751	comply with a subpoena issued by the office.
752	(g)  Failure to pay a judgment recovered in any court in
753	this state by a claimant in an action arising out of a money
754	transmission transaction within 30 days after the judgment
755	becomes final.
756	(h)  Engaging in an act prohibited under or practice
757	proscribed by s. 560.111.
758	(i)  Insolvency or operating in an unsafe and unsound
759	manner.
760	(j)  Failure by a money services business transmitter to
761	remove an affiliated a money transmitter-affiliated party after
762	the office has issued and served upon the money services
763	business transmitter a final order setting forth a finding that
764	the affiliated money transmitter-affiliated party has violated a
765	any provision of this chapter the code.
766	(k)  Making a any material misstatement, or
767	misrepresentation, or ommission or committing any fraud in an
768	initial or renewal application for licensure, any amendment to
769	such application, or application for the appointment of an
770	authorized agent registration.
771	(l)  Committing any act that results resulting in a license
772	an application for registration, or a registration or its
773	equivalent, to practice any profession or occupation being
774	denied, suspended, revoked, or otherwise acted against by a
775	licensing registering authority in any jurisdiction or a finding
776	by an appropriate regulatory body of engaging in unlicensed
777	activity as a money transmitter within any jurisdiction.
778	(m)  Being the subject of final agency action or its
779	equivalent, issued by an appropriate regulator, for engaging in
780	unlicensed activity as a money services business or deferred
781	presentment provider in any jurisdiction.
782	(n)(m)  Committing any act resulting in a license
783	registration or its equivalent, or an application for
784	registration, to practice any profession or occupation being
785	denied, suspended, revoked, or otherwise acted against by a
786	licensing registering authority in any jurisdiction for a
787	violation of 18 U.S.C. s. 1956, 18 U.S.C. s. 1957, 18 U.S.C. s.
788	1960, 31 U.S.C. s. 5324, or any other law or, rule, or
789	regulation of another state or of the United States relating to
790	a money services business, deferred presentment provider, the
791	business of money transmission or usury that which may cause the
792	denial, suspension, or revocation of a money services business
793	or deferred presentment provider transmitter license or its
794	equivalent or registration in such jurisdiction.
795	(o)(n)  Having been convicted of or found guilty of, or
796	entered a plea of having pleaded guilty or nolo contendere to,
797	any felony or crime punishable by imprisonment of 1 year or more
798	under the law of any state or of the United States which
799	involves fraud, moral turpitude, or dishonest dealing,
800	regardless of adjudication without regard to whether a judgment
801	of conviction has been entered by the court.
802	(p)(o)  Having been convicted of or found guilty of, or
803	entered a plea of having pleaded guilty or nolo contendere to, a
804	crime under 18 U.S.C. s. 1956 or 31 U.S.C. s. 5324, regardless
805	of adjudication without regard to whether a judgment of
806	conviction has been entered by the court.
807	(q)(p)  Having been convicted of or found guilty of, or
808	entered a plea of having pleaded guilty or nolo contendere to,
809	misappropriation, conversion, or unlawful withholding of moneys
810	belonging that belong to others, regardless of adjudication and
811	were received in the conduct of the business of the money
812	transmitter.
813	(r)(q)  Failure to inform the office in writing within 30
814	15 days after having pled pleading guilty or nolo contendere to,
815	or being convicted or found guilty of, any felony or crime
816	punishable by imprisonment of 1 year or more under the law of
817	any state or of the United States, or of any crime involving
818	fraud, moral turpitude, or dishonest dealing, without regard to
819	whether a judgment of conviction has been entered by the court.
820	(s)(r)  Aiding, assisting, procuring, advising, or abetting
821	any person in violating a provision of this chapter code or any
822	order or rule of the office or commission.
823	(t)(s)  Failure to timely pay any fee, charge, or cost
824	imposed or assessed fine under this chapter the code.
825	(u)  Failing to pay a fine assessed by the office within 30
826	days after the due date as stated in a final order.
827	(v)(t)  Failure to pay any judgment entered by any court
828	within 30 days after the judgment becomes final.
829	(u)  Engaging or holding oneself out to be engaged in the
830	business of a money transmitter without the proper registration.
831	(v)  Any action that would be grounds for denial of a
832	registration or for revocation, suspension, or restriction of a
833	registration previously granted under part III of this chapter.
834	(w)  Failure to pay any fee, charge, or fine under the
835	code.
836	(w)(x)  Engaging or advertising engagement in the business
837	of a money services business or deferred presentment provider
838	transmitter without a license registration, unless the person is
839	exempted from licensure the registration requirements of the
840	code.
841	(x)(y)  Payment to the office for a license or other fee,
842	charge, cost, or fine permit with a check or electronic
843	transmission of funds that is dishonored by the applicant's or
844	licensee's financial institution.
845	(y)  Failure by a money services business licensed under
846	part II of this chapter to supervise its authorized agents
847	pursuant to s. 560.208 or s. 560.2085.
848	(z)  Violations of 31 C.F.R. ss. 103.20, 103.22,
849	103.23,103.27, 103.28, 103.29, 103.33, 103.37, 103.41, and
850	103.125.
851	(aa)  Any practice or conduct that creates the likelihood
852	of a material loss, insolvency, or dissipation of assets of a
853	money services business or otherwise materially prejudices the
854	interests of its customers
855	(2)  The office may deny licensure if the applicant or an
856	affiliated party is the subject of a pending criminal
857	prosecution or governmental enforcement action in any
858	jurisdiction until the conclusion of the prosecution or action.
859	(3)(2)  The office may issue a cease and desist order or
860	removal order, suspend or revoke a license any previously issued
861	registration, or take any other action within the authority of
862	the office against a licensee money transmitter based on any
863	fact or condition that exists and that, if it had existed or
864	been known to exist at the time of license application the money
865	transmitter applied for registration, would have been grounds
866	for license denial of registration.
867	(4)(3)  A Each money services business licensed under part
868	II of this chapter transmitter is responsible for any act of its
869	authorized agents vendors if the money services business
870	transmitter should have known of the act or had if the money
871	transmitter has actual knowledge that such act is a violation of
872	this chapter, the code and the money services business
873	transmitter willfully allowed the such act to continue. Such
874	responsibility is limited to conduct engaged in by the
875	authorized agent vendor pursuant to the authority granted to it
876	by the money services business transmitter.
877	(5)(4)  If a license registration granted under this
878	chapter code expires or is surrendered by the licensee
879	registrant during the pendency of an administrative action under
880	this code, the proceeding may continue as if the license is
881	registration were still in effect.
882	(6)  The office may, in addition to or in lieu of the
883	denial, suspension, or revocation of a license, impose a fine of
884	up to $10,000 for each violation of this chapter.
885	(7)  In addition to any other provision of this chapter,
886	the office may impose a fine of up to $1,000 per day for each
887	day that a person engages in the business of a money services
888	business or deferred presentment provider without being
889	licensed.
890	(8)  In imposing any administrative remedy or penalty under
891	this chapter, the office shall take into account the
892	appropriateness of the penalty with respect to the gravity of
893	the violation, the history of previous violations, and other
894	matters as justice may require.
895	Section 10.  Section 560.115, Florida Statutes, is amended
896	to read:
897	560.115  Surrender of license registration.--A licensee Any
898	money transmitter registered pursuant to the code may
899	voluntarily surrender its license registration at any time by
900	giving written notice to the office.
901	Section 11.  Section 560.116, Florida Statutes, is amended
902	to read:
903	560.116  Civil immunity.--Any person having reason to
904	believe that a provision of this chapter the code is being
905	violated, or has been violated, or is about to be violated, may
906	file a complaint with the office setting forth the details of
907	the alleged violation. Such person is immune An Immunity from
908	civil liability is hereby granted to any person who furnishes
909	such information, unless the information provided is false and
910	has been provided the person providing the information does so
911	with reckless disregard for the truth.
912	Section 12.  Section 560.118, Florida Statutes, is amended
913	to read:
914	560.118  Examinations, Reports, and internal audits;
915	penalty.--
916	(1)(a)  The office may conduct an examination of a money
917	transmitter or authorized vendor by providing not less than 15
918	days' advance notice to the money transmitter or authorized
919	vendor. However, if the office suspects that the money
920	transmitter or authorized vendor has violated any provisions of
921	this code or any criminal laws of this state or of the United
922	States or is engaging in an unsafe and unsound practice, the
923	office may, at any time without advance notice, conduct an
924	examination of all affairs, activities, transactions, accounts,
925	business records, and assets of any money transmitter or any
926	money transmitter-affiliated party for the protection of the
927	public. For the purpose of examinations, the office may
928	administer oaths and examine a money transmitter or any of its
929	affiliated parties concerning their operations and business
930	activities and affairs. The office may accept an audit or
931	examination from any appropriate regulatory agency or from an
932	independent third party with respect to the operations of a
933	money transmitter or an authorized vendor. The office may also
934	make a joint or concurrent examination with any state or federal
935	regulatory agency. The office may furnish a copy of all
936	examinations made of such money transmitter or authorized vendor
937	to the money transmitter and any appropriate regulatory agency
938	provided that such agency agrees to abide by the confidentiality
939	provisions as set forth in chapter 119.
940	(b)  Persons subject to this chapter who are examined shall
941	make available to the office or its examiners the accounts,
942	records, documents, files, information, assets, and matters
943	which are in their immediate possession or control and which
944	relate to the subject of the examination. Those accounts,
945	records, documents, files, information, assets, and matters not
946	in their immediate possession shall be made available to the
947	office or the office's examiners within 10 days after actual
948	notice is served on such persons.
949	(c)  The audit of a money transmitter required under this
950	section may be performed by an independent third party that has
951	been approved by the office or by a certified public accountant
952	authorized to do business in the United States. The examination
953	of a money transmitter or authorized vendor required under this
954	section may be performed by an independent third party that has
955	been approved by the office or by a certified public accountant
956	authorized to do business in the United States. The cost of such
957	an independent examination or audit shall be directly borne by
958	the money transmitter or authorized vendor.
959	(2)(a)  Annual financial audit reports must that are
960	required to be filed with the office pursuant to this chapter or
961	related rules under the code or any rules adopted thereunder
962	must be audited by an independent third party that has been
963	approved by the office or by a certified public accountant
964	authorized to do business in the United States. The licensee
965	money transmitter or authorized vendor shall directly bear the
966	cost of the audit. This paragraph does not apply to any seller
967	of payment instruments who can prove to the satisfaction of the
968	office that it has a combined total of fewer than 50 employees
969	and authorized vendors or that its annual payment instruments
970	issued from its activities as a payment instrument seller are
971	less than $200,000.
972	(2)(b)  Each licensee must submit The commission may, by
973	rule, require each money transmitter or authorized vendor to
974	submit quarterly reports to the office in a format and include
975	information as specified by rule. The rule commission may
976	require the that each report to contain a declaration by an
977	officer, or any other responsible person authorized to make such
978	declaration, that the report is true and correct to the best of
979	her or his knowledge and belief. Such report must include such
980	information as the commission by rule requires for that type of
981	money transmitter.
982	(c)  The office may levy an administrative fine of up to
983	$100 per day for each day the report is past due, unless it is
984	excused for good cause. In excusing any such administrative
985	fine, the office may consider the prior payment history of the
986	money transmitter or authorized vendor.
987	(3)  Any person who willfully violates this section or
988	fails to comply with any lawful written demand or order of the
989	office made under this section commits a felony of the third
990	degree, punishable as provided in s. 775.082, s. 775.083, or s.
991	775.084.
992	Section 13.  Section 560.119, Florida Statutes, is
993	transferred, renumbered as section 560.144, Florida Statutes,
994	and amended to read:
995	560.144 560.119  Deposit of fees and assessments.--License
996	The application fees, license registration renewal fees, late
997	payment penalties, civil penalties, administrative fines, and
998	other fees, costs, or penalties provided for in this chapter the
999	code shall, in all cases, be paid directly to the office, which
1000	shall deposit such proceeds into the Regulatory Trust Fund, and
1001	use the proceeds to pay the costs of the office as necessary to
1002	carry out its responsibilities under this chapter. Each year,
1003	the Legislature shall appropriate from the trust fund to the
1004	office sufficient moneys to pay the office's costs for
1005	administration of the code. The Regulatory Trust Fund is subject
1006	to the service charge imposed pursuant to chapter 215.
1007	Section 14.  Section 560.121, Florida Statutes, is amended
1008	to read:
1009	560.121  Access to records; record retention; penalties
1010	limited restrictions upon public access.--
1011	(1)(a)  Orders of courts or of administrative law judges
1012	for the production of confidential records or information must
1013	shall provide for inspection in camera by the court or the
1014	administrative law judge; and, if after the court or
1015	administrative law judge determines has made a determination
1016	that the documents requested are relevant or would likely lead
1017	to the discovery of admissible evidence, said documents shall be
1018	subject to further orders by the court or the administrative law
1019	judge must issue further orders to protect the confidentiality
1020	of the documents thereof. Any order directing the release of
1021	information is shall be immediately reviewable, and a petition
1022	by the office for review of the such order shall automatically
1023	stay further proceedings in the trial court or the
1024	administrative hearing until the disposition of the such
1025	petition by the reviewing court. If any other party files such A
1026	petition for review of the order filed by any other party shall,
1027	it will operate as a stay of the such proceedings only upon
1028	order of the reviewing court.
1029	(2)(b)  Confidential records and information furnished
1030	pursuant to a legislative subpoena must shall be kept
1031	confidential by the legislative body or committee which receives
1032	the records or information, except in cases a case involving the
1033	investigation of charges against a public official subject to
1034	impeachment or removal, and then disclosure of such information
1035	shall be only to the extent determined to be necessary by the
1036	legislative body or committee to be necessary.
1037	(3)(2)  The commission may prescribe by rule the minimum
1038	information that must be shown in the books, accounts, records,
1039	and documents of licensees for purposes of enabling the office
1040	to determine the licensee's compliance with this chapter. In
1041	addition, the commission may prescribe by rule requirements for
1042	the destruction of books, accounts, records, and documents
1043	retained by the licensee after completion of the time period
1044	specified in this subsection. Examination reports, investigatory
1045	records, applications, and related information compiled by the
1046	office, or photographic copies thereof, must shall be retained
1047	by the office for a period of at least 5 3 years after following
1048	the date that the examination or investigation ceases to be
1049	active. Application records, and related information compiled by
1050	the office, or photographic copies thereof, must shall be
1051	retained by the office for a period of at least 5 2 years after
1052	following the date that the license registration ceases to be
1053	active.
1054	(3)  A copy of any document on file with the office which
1055	is certified by the office as being a true copy may be
1056	introduced in evidence as if it were the original. The
1057	commission shall establish a schedule of fees for preparing true
1058	copies of documents.
1059	(4)  Any person who willfully discloses information made
1060	confidential by this section commits a felony of the third
1061	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1062	775.084.
1063	Section 15.  Section 560.123, Florida Statutes, is amended
1064	to read:
1065	560.123  Florida Control of Money Laundering in the Money
1066	Services Business Act Transmitters' Code; reports of
1067	transactions involving currency or monetary instruments; when
1068	required; purpose; definitions; penalties; corpus delicti.--
1069	(1)  This section may be cited as the "Florida Control of
1070	Money Laundering in Money Services Business Transmitters Act."
1071	(2)  It is The purpose of this section is to require the
1072	submission to the office of reports and the maintenance of
1073	certain records of transactions involving currency or payment
1074	monetary instruments in order to which reports and records deter
1075	the use of a money services business money transmitters to
1076	conceal proceeds from criminal activity and to ensure the
1077	availability of such records for are useful in criminal, tax, or
1078	regulatory investigations or proceedings.
1079	(3)(a)  A Every money services business must transmitter
1080	shall keep a record of every each financial transaction
1081	occurring in this state known to it that occurs in this state;
1082	involves to involve currency or other payment monetary
1083	instrument, as prescribed the commission prescribes by rule,
1084	having of a value greater than in excess of $10,000; and
1085	involves, to involve the proceeds of specified unlawful
1086	activity, or is to be designed to evade the reporting
1087	requirements of this section or chapter 896. The money services
1088	business must and shall maintain appropriate procedures to
1089	ensure compliance with this section and chapter 896.
1090	(a)(b)  Multiple financial transactions shall be treated as
1091	a single transaction if the money services business transmitter
1092	has knowledge that they are made by or on behalf of any one
1093	person and result in either cash in or cash out totaling more
1094	than $10,000 during any day.
1095	(b)(c)  A Any money services business transmitter may keep
1096	a record of any financial transaction occurring in this state,
1097	regardless of the value, if it suspects that the transaction
1098	involves the proceeds of specified unlawful activity.
1099	(c)  The money services business must file a report with
1100	the office of any records required by this subsection, at such
1101	time and containing such information as required by rule. The
1102	timely filing of the report required by 31 U.S.C. s. 5313 with
1103	the appropriate federal agency shall be deemed compliance with
1104	the reporting requirements of this subsection unless the reports
1105	are not regularly and comprehensively transmitted by the federal
1106	agency to the office.
1107	(d)  A money services business transmitter, or officer,
1108	employee, or agent thereof, that files a report in good faith
1109	pursuant to this section is not liable to any person for loss or
1110	damage caused in whole or in part by the making, filing, or
1111	governmental use of the report, or any information contained
1112	therein.
1113	(4)(3)  A money services business transmitters must comply
1114	with adhere to the money laundering, enforcement, and reporting
1115	provisions of s. 655.50, relating to reports of transactions
1116	involving currency transactions and payment monetary
1117	instruments, and of chapter 896, concerning offenses relating to
1118	financial transactions.
1119	(5)(4)  In enforcing this section, the commission and
1120	office shall acknowledge and take into consideration the
1121	requirements of Title 31, United States Code, in order both to
1122	reduce the burden of fulfilling duplicate requirements and to
1123	acknowledge the economic advantage of having similar reporting
1124	and recordkeeping requirements between state and federal
1125	regulatory authorities.
1126	(5)(a)  Each money transmitter must file a report with the
1127	office of the record required by this section. Each record filed
1128	pursuant to this section must be filed at such time and contain
1129	such information as the commission requires by rule.
1130	(b)  The timely filing of the report required by 31 U.S.C.
1131	s. 5313, with the appropriate federal agency is deemed
1132	compliance with the reporting requirements of this subsection
1133	unless the reports are not regularly and comprehensively
1134	transmitted by the federal agency to the office.
1135	(6)  The office must retain a copy of all reports received
1136	under subsection (3) (5) for a minimum of 5 3 calendar years
1137	after receipt of the report. However, if a report or information
1138	contained in a report is known by the office to be the subject
1139	of an existing criminal proceeding, the report must be retained
1140	for a minimum of 10 calendar years after from the date of
1141	receipt.
1142	(7)  In addition to any other powers conferred upon the
1143	office to enforce and administer this chapter the code, the
1144	office may:
1145	(a)  Bring an action in any court of competent jurisdiction
1146	to enforce or administer this section. In such action, the
1147	office may seek award of any civil penalty authorized by law and
1148	any other appropriate relief at law or equity.
1149	(b)  Issue and serve upon a person an order requiring the
1150	such person to cease and desist and take corrective action if
1151	whenever the office finds that the such person is violating, has
1152	violated, or is about to violate any provision of this section
1153	or chapter 896; any rule or order adopted under this section or
1154	chapter 896; or any written agreement related to this section or
1155	chapter 896 which is entered into with the office.
1156	(c)  Issue and serve upon a person an order suspending or
1157	revoking the such person's money services business license if
1158	transmitter registration whenever the office finds that the such
1159	person is violating, has violated, or is about to violate any
1160	provision of this section or chapter 896; any rule or order
1161	adopted under this section or chapter 896; or any written
1162	agreement related to this section or chapter 896 which is
1163	entered into with the office.
1164	(d)  Issue and serve upon any person an order of removal
1165	whenever the office finds that the such person is violating, has
1166	violated, or is about to violate any provision of this section
1167	or chapter 896; any rule or order adopted under this section or
1168	chapter 896; or any written agreement related to this section or
1169	chapter 896 which is entered into with the office.
1170	(e)  Impose and collect an administrative fine against any
1171	person found to have violated any provision of this section or
1172	chapter 896; any rule or order adopted under this section or
1173	chapter 896; or any written agreement related to this section or
1174	chapter 896 which is entered into with the office, of up to in
1175	an amount not exceeding $10,000 per a day for each willful
1176	violation or $500 per a day for each negligent violation.
1177	(8)(a)  Except as provided in paragraph (b), a person who
1178	willfully violates any provision of this section commits a
1179	misdemeanor of the first degree, punishable as provided in s.
1180	775.082 or s. 775.083.
1181	(b)  A person who willfully violates any provision of this
1182	section, if the violation involves:
1183	1.  Currency or payment instruments exceeding $300 but less
1184	than $20,000 in any 12-month period, commits a felony of the
1185	third degree, punishable as provided in s. 775.082, s. 775.083,
1186	or s. 775.084.
1187	2.  Currency or payment instruments totaling or exceeding
1188	$20,000 but less than $100,000 in any 12-month period, commits a
1189	felony of the second degree, punishable as provided in s.
1190	775.082, s. 775.083, or s. 775.084.
1191	3.  Currency or payment instruments totaling or exceeding
1192	$100,000 in any 12-month period, commits a felony of the first
1193	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1194	775.084.
1195	(c)  In addition to the penalties otherwise authorized by
1196	s. 775.082, s. 775.083, or s. 775.084, a person who has been
1197	convicted of, or entered a plea of who has pleaded guilty or
1198	nolo contendere, regardless of adjudication, to having violated
1199	paragraph (b) may be sentenced to pay a fine of up to not
1200	exceeding $250,000 or twice the value of the currency or payment
1201	instruments, whichever is greater, except that on a second or
1202	subsequent conviction for or plea of guilty or nolo contendere,
1203	regardless of adjudication, to a violation of paragraph (b), the
1204	fine may be up to $500,000 or quintuple the value of the
1205	currency or payment instruments, whichever is greater.
1206	(d)  A person who violates this section is also liable for
1207	a civil penalty of not more than the greater of the value of the
1208	currency or payment instruments involved or $25,000.
1209	(9)  In any prosecution brought pursuant to this section,
1210	the common law corpus delicti rule does not apply. The
1211	defendant's confession or admission is admissible during trial
1212	without the state having to prove the corpus delicti if the
1213	court finds in a hearing conducted outside the presence of the
1214	jury that the defendant's confession or admission is
1215	trustworthy. Before the court admits the defendant's confession
1216	or admission, the state must prove by a preponderance of the
1217	evidence that there is sufficient corroborating evidence that
1218	tends to establish the trustworthiness of the statement by the
1219	defendant. Hearsay evidence is admissible during the
1220	presentation of evidence at the hearing. In making its
1221	determination, the court may consider all relevant corroborating
1222	evidence, including the defendant's statements.
1223	Section 16.  Section 560.1235, Florida Statutes, is created
1224	to read:
1225	560.1235  Money laundering requirements.--
1226	(1)  A licensee must comply with all state and federal laws
1227	and rules relating to the detection and prevention of money
1228	laundering, including, as applicable, s. 560.123, and 31 C.F.R.
1229	ss. 103.20, 103.22, 103.23, 103.27. 103.28, 103.29, 103.33,
1230	103.37, and 103.41.
1231	(2)  A licensee must maintain an anti-money laundering
1232	program in accordance with 31 C.F.R. s. 103.25. The program must
1233	be reviewed and updated as necessary to ensure that the program
1234	continues to be effective in detecting and deterring money
1235	laundering activities.
1236	Section 17.  Section 560.124, Florida Statutes, is amended
1237	to read:
1238	560.124  Sharing of information.--
1239	(1)  It is not unlawful for Any person may to provide
1240	information to a money services business, its transmitter,
1241	authorized agent, law enforcement agency, prosecutorial agency
1242	vendor, or appropriate regulator, or for any money services
1243	business, its transmitter, authorized agent, law enforcement
1244	agency, prosecutorial agency vendor, or appropriate regulator
1245	may to provide information to any person, information about any
1246	other person's known or suspected involvement in a violation of
1247	any state, federal, or foreign law, rule, or regulation relating
1248	to the business of a money services business or deferred present
1249	provider transmitter which has been reported to state, federal,
1250	or foreign authorities, and is not.
1251	(2)  No person shall be liable in any civil action for
1252	providing such information.
1253	Section 18.  Section 560.125, Florida Statutes, is amended
1254	to read:
1255	560.125  Unlicensed activity Money transmitter business by
1256	unauthorized persons; penalties.--
1257	(1)  A person other than a registered money transmitter or
1258	authorized vendor may not engage in the business of a money
1259	services business or deferred presentment provider transmitter
1260	in this state unless the person is licensed or exempted from
1261	licensure under this chapter from the registration requirements
1262	of the code.
1263	(2)  Only a money services business licensed under part II
1264	of this chapter may appoint an authorized agent. No person shall
1265	act as a vendor of a money transmitter when such money
1266	transmitter is subject to registration under the code but has
1267	not registered. Any such person acting as the agent of an
1268	unlicensed money transmitter or payment instrument issuer
1269	becomes the principal thereof, and no longer merely acts as an
1270	agent a vendor, and such person is liable to the holder or
1271	remitter as a principal money transmitter or payment instrument
1272	seller.
1273	(3)  Any person whose substantial interests are affected by
1274	a proceeding brought by the office pursuant to this chapter the
1275	code may, pursuant to s. 560.113, petition any court of
1276	competent jurisdiction to enjoin the person or activity that is
1277	the subject of the proceeding from violating any of the
1278	provisions of this section. For the purpose of this subsection,
1279	any money services business licensed under this chapter
1280	transmitter registered pursuant to the code, any person residing
1281	in this state, and any person whose principal place of business
1282	is in this state are presumed to be substantially affected. In
1283	addition, the interests of a trade organization or association
1284	are deemed substantially affected if the interests of any of its
1285	members are so affected.
1286	(4)  The office may issue and serve upon any person who
1287	violates any of the provisions of this section a complaint
1288	seeking a cease and desist order or impose an administrative
1289	fine as provided in s. 560.114 in accordance with the procedures
1290	and in the manner prescribed by s. 560.112. The office may also
1291	impose an administrative fine pursuant to s. 560.117(3) against
1292	any person who violates any of the provisions of this section.
1293	(5)  A person who violates this section, if the violation
1294	involves:
1295	(a)  Currency or payment instruments exceeding $300 but
1296	less than $20,000 in any 12-month period, commits a felony of
1297	the third degree, punishable as provided in s. 775.082, s.
1298	775.083, or s. 775.084.
1299	(b)  Currency or payment instruments totaling or exceeding
1300	$20,000 but less than $100,000 in any 12-month period, commits a
1301	felony of the second degree, punishable as provided in s.
1302	775.082, s. 775.083, or s. 775.084.
1303	(c)  Currency or payment instruments totaling or exceeding
1304	$100,000 in any 12-month period, commits a felony of the first
1305	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1306	775.084.
1307	(6)  In addition to the penalties authorized by s. 775.082,
1308	s. 775.083, or s. 775.084, a person who has been convicted of,
1309	or entered a plea of found guilty of or who has pleaded guilty
1310	or nolo contendere, to having violated this section may be
1311	sentenced to pay a fine of up to not exceeding $250,000 or twice
1312	the value of the currency or payment instruments, whichever is
1313	greater, except that on a second or subsequent violation of this
1314	section, the fine may be up to $500,000 or quintuple the value
1315	of the currency or payment instruments, whichever is greater.
1316	(7)  A person who violates this section is also liable for
1317	a civil penalty of not more than the value of the currency or
1318	payment instruments involved or $25,000, whichever is greater.
1319	(8)  In any prosecution brought pursuant to this section,
1320	the common law corpus delicti rule does not apply. The
1321	defendant's confession or admission is admissible during trial
1322	without the state having to prove the corpus delicti if the
1323	court finds in a hearing conducted outside the presence of the
1324	jury that the defendant's confession or admission is
1325	trustworthy. Before the court admits the defendant's confession
1326	or admission, the state must prove by a preponderance of the
1327	evidence that there is sufficient corroborating evidence that
1328	tends to establish the trustworthiness of the statement by the
1329	defendant. Hearsay evidence is admissible during the
1330	presentation of evidence at the hearing. In making its
1331	determination, the court may consider all relevant corroborating
1332	evidence, including the defendant's statements.
1333	Section 19.  Section 560.126, Florida Statutes, is amended
1334	to read:
1335	560.126  Significant events; notice Required notice by
1336	licensee.--
1337	(1)  A licensee Unless exempted by the office, every money
1338	transmitter must provide the office with a written notice sent
1339	by registered mail within 30 days after the occurrence or
1340	knowledge of, whichever period of time is greater, any of the
1341	following events:
1342	(a)  The filing of a petition under the United States
1343	Bankruptcy Code for bankruptcy or reorganization by the licensee
1344	money transmitter.
1345	(b)  The commencement of an administrative or judicial
1346	license any registration suspension or revocation proceeding,
1347	either administrative or judicial, or the denial of a license
1348	any original registration request or a registration renewal, by
1349	any state, the District of Columbia, any United States
1350	territory, or any foreign country, in which the licensee money
1351	transmitter operates, or plans to operate, or is licensed or has
1352	registered to operate.
1353	(c)  A felony indictment relating to a the money services
1354	transmission business or deferred presentment provider involving
1355	the licensee, its authorized agent, or an affiliated money
1356	transmitter or a money transmitter-affiliated party of the money
1357	transmitter.
1358	(d)  The felony conviction, guilty plea, or plea of nolo
1359	contendere, regardless of adjudication, of the licensee, its
1360	authorized agent, or an affiliated if the court adjudicates the
1361	nolo contendere pleader guilty, or the adjudication of guilt of
1362	a money transmitter or money transmitter-affiliated party.
1363	(e)  The interruption of any corporate surety bond required
1364	under this chapter by the code.
1365	(f)  Any suspected criminal act, as defined by the
1366	commission by rule, perpetrated in this state relating to
1367	activities regulated under this chapter by an affiliated party
1368	against a money services business or its authorized agent
1369	transmitter or authorized vendor.
1370	(g)  Notification by a law enforcement or prosecutorial
1371	agency that the licensee or its authorized agent is under
1372	criminal investigation including, but not limited to, subpoenas
1373	to produce records or testimony and warrants issued by a court
1374	of competent jurisdiction which authorize the search and seizure
1375	of any records relating to a business activity regulated under
1376	this chapter.
1377
1378	However, a person does not incur liability as a result of making
1379	a good faith effort to fulfill this disclosure requirement.
1380	(2)(a)  A licensee must Each registrant under this code
1381	shall report, on a form adopted prescribed by rule of the
1382	commission, any change in the information contained in an any
1383	initial license application form, or any amendment to such
1384	application, or the appointment of an authorized agent within
1385	thereto not later than 30 days after the change is effective.
1386	(3)(b)  Each licensee must registrant under the code shall
1387	report any change changes in the partners, officers, members,
1388	joint venturers, directors, controlling shareholders, or
1389	responsible persons of the licensee any registrant or changes in
1390	the form of business organization by written amendment in such
1391	form and at such time as specified the commission specifies by
1392	rule.
1393	(a)1.  If In any case in which a person or a group of
1394	persons, directly or indirectly or acting by or through one or
1395	more persons, proposes to purchase or acquire a controlling
1396	interest in a licensee, such person or group must submit an
1397	initial application for licensure registration as a money
1398	services business or deferred presentment provider transmitter
1399	before such purchase or acquisition at such time and in such
1400	form as prescribed the commission prescribes by rule.
1401	2.  As used in this subsection, the term "controlling
1402	interest" means the same as described in s. 560.127 possession
1403	of the power to direct or cause the direction of the management
1404	or policies of a company whether through ownership of
1405	securities, by contract, or otherwise. Any person who directly
1406	or indirectly has the right to vote 25 percent or more of the
1407	voting securities of a company or is entitled to 25 percent or
1408	more of its profits is presumed to possess a controlling
1409	interest.
1410	(b)3.  The Any addition of a partner, officer, member,
1411	joint venturer, director, controlling shareholder, or
1412	responsible person of the applicant who does not have a
1413	controlling interest and who has not previously complied with
1414	the applicable provisions of ss. 560.140 and 560.141 is ss.
1415	560.205 and 560.306 shall be subject to such provisions unless
1416	required to file an initial application in accordance with
1417	subparagraph 1. If the office determines that the licensee
1418	registrant does not continue to meet the licensure registration
1419	requirements, the office may bring an administrative action in
1420	accordance with s. 560.114 to enforce the provisions of this
1421	chapter code.
1422	(c)4.  The commission shall adopt rules pursuant to ss.
1423	120.536(1) and 120.54 providing for the waiver of the license
1424	application required by this subsection if the person or group
1425	of persons proposing to purchase or acquire a controlling
1426	interest in a licensee registrant has previously complied with
1427	the applicable provisions of ss. 560.140 and 560.141 under ss.
1428	560.205 and 560.306 with the same legal entity or is currently
1429	licensed registered with the office under this chapter code.
1430	Section 20.  Section 560.127, Florida Statutes, is amended
1431	to read:
1432	560.127  Control of a money services business
1433	transmitter.--A person has a controlling interest in control
1434	over a money services business transmitter if the person:
1435	(1)  the individual, partnership, corporation, trust, or
1436	other organization possesses the power, directly or indirectly,
1437	to direct the management or policies of the money services
1438	business a company, whether through ownership of securities, by
1439	contract, or otherwise. A person is presumed to have control a
1440	company if the, with respect to a particular company, that
1441	person:
1442	(1)(a)  Is a director, general partner, or officer
1443	exercising executive responsibility or having similar status or
1444	functions;
1445	(2)(b)  Directly or indirectly may vote 25 percent or more
1446	of a class of a voting security or sell or direct the sale of 25
1447	percent or more of a class of voting securities; or
1448	(3)(c)  In the case of a partnership, may receive upon
1449	dissolution or has contributed 25 percent or more of the
1450	capital.
1451	(2)  The office determines, after notice and opportunity
1452	for hearing, that the person directly or indirectly exercises a
1453	controlling influence over the activities of the money
1454	transmitter.
1455	Section 21.  Section 560.128, Florida Statutes, is amended
1456	to read:
1457	560.128  Customer contacts; license display Consumer
1458	disclosure.--
1459	(1)  A money services business or its authorized agent must
1460	provide each customer with Every money transmitter and
1461	authorized vendor shall provide each consumer of a money
1462	transmitter transaction a toll-free telephone number for the
1463	purpose of contacting the money services business or its
1464	authorized agent or, consumer contacts; However, in lieu of a
1465	such toll-free telephone number, the money transmitter or
1466	authorized vendor may provide the address and telephone number
1467	of the office may be provided and the Division of Consumer
1468	Services of the Department of Financial Services.
1469	(2)  The commission may by rule require a licensee every
1470	money transmitter to display its license registration at each
1471	location, including the location of each person designated by
1472	the registrant as an authorized vendor, where the licensee the
1473	money transmitter engages in the activities authorized by the
1474	license registration.
1475	Section 22.  Section 560.129, Florida Statutes, is amended
1476	to read:
1477	560.129  Confidentiality.--
1478	(1)(a)  Except as otherwise provided in this section, all
1479	information concerning an investigation or examination conducted
1480	by the office pursuant to this chapter, including any customer
1481	consumer complaint received by the office, the commission, or
1482	the Department of Financial Services, is confidential and exempt
1483	from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
1484	until the investigation or examination ceases to be active. For
1485	purposes of this section, an investigation or examination is
1486	considered "active" so long as the office or any other
1487	administrative, regulatory, or law enforcement agency of any
1488	jurisdiction is proceeding with reasonable dispatch and has a
1489	reasonable good faith belief that action may be initiated by the
1490	office or other administrative, regulatory, or law enforcement
1491	agency.
1492	(2)(b)  Notwithstanding paragraph (a), All information
1493	obtained by the office in the course of its investigation or
1494	examination which is a trade secret, as defined in s. 688.002,
1495	or which is personal financial information shall remain
1496	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
1497	of the State Constitution. If any administrative, civil, or
1498	criminal proceeding against a the money services business, its
1499	authorized agent, transmitter or an affiliated a money
1500	transmitter-affiliated party is initiated and the office seeks
1501	to use matter that a licensee registrant believes to be a trade
1502	secret or personal financial information, such records shall be
1503	subject to an in camera review by the administrative law judge,
1504	if the matter is before the Division of Administrative Hearings,
1505	or a judge of any court of this state, any other state, or the
1506	United States, as appropriate, for the purpose of determining if
1507	the matter is a trade secret or is personal financial
1508	information. If it is determined that the matter is a trade
1509	secret, the matter shall remain confidential. If it is
1510	determined that the matter is personal financial information,
1511	the matter shall remain confidential unless the administrative
1512	law judge or judge determines that, in the interests of justice,
1513	the matter should become public.
1514	(3)(c)  If an any administrative, civil, or criminal
1515	proceeding against a the money services business, its authorized
1516	agent, transmitter or an affiliated a money transmitter-
1517	affiliated party results in an acquittal or the dismissal of all
1518	of the allegations against the money transmitter or a money
1519	transmitter-affiliated party, upon the request of any party, the
1520	administrative law judge or the judge may order all or a portion
1521	of the record of the proceeding to be sealed, and it shall
1522	thereafter be confidential and exempt from s. 119.07(1) and s.
1523	24(a), Art. I of the State Constitution.
1524	(4)(d)  Except as necessary for the office or any other
1525	administrative, regulatory, or law enforcement agency of any
1526	jurisdiction to enforce the provisions of this chapter or the
1527	law of any other state or the United States, a consumer
1528	complaint and other information concerning an investigation or
1529	examination shall remain confidential and exempt from s.
1530	119.07(1) and s. 24(a), Art. I of the State Constitution after
1531	the investigation or examination ceases to be active to the
1532	extent that disclosure would:
1533	(a)1.  Jeopardize the integrity of another active
1534	investigation;
1535	(b)2.  Reveal personal financial information;
1536	(c)3.  Reveal the identity of a confidential source; or
1537	(d)4.  Reveal investigative techniques or procedures.
1538	(5)(2)  This section does not prevent or restrict:
1539	(a)  Furnishing records or information to any appropriate
1540	regulatory, prosecutorial, agency or law enforcement agency if
1541	such agency adheres to the confidentiality provisions of this
1542	chapter the code;
1543	(b)  Furnishing records or information to an appropriate
1544	regulator or independent third party or a certified public
1545	accountant who has been approved by the office to conduct an
1546	examination under s. 560.1091 s. 560.118(1)(b), if the
1547	independent third party or certified public accountant adheres
1548	to the confidentiality provisions of this chapter the code; or
1549	(c)  Reporting any suspicious suspected criminal activity,
1550	with supporting documents and information, to appropriate
1551	regulatory, law enforcement, or prosecutorial agencies.
1552	(6)(3)  All quarterly reports submitted by a money
1553	transmitter to the office under s. 560.118(2) s. 560.118(2)(b)
1554	are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
1555	I of the State Constitution.
1556	(4)  Examination reports, investigatory records,
1557	applications, and related information compiled by the office, or
1558	photographic copies thereof, shall be retained by the office for
1559	a period of at least 3 years following the date that the
1560	examination or investigation ceases to be active. Application
1561	records, and related information compiled by the office, or
1562	photographic copies thereof, shall be retained by the office for
1563	a period of at least 2 years following the date that the
1564	registration ceases to be active.
1565	(7)(5)  Any person who willfully discloses information made
1566	confidential by this section commits a felony of the third
1567	degree, punishable as provided in s. 775.082 or s. 775.083.
1568	Section 23.  Section 560.140, Florida Statutes, is created
1569	to read:
1570	560.140  Licensing standards.--To qualify for licensure as
1571	a money services business under this chapter, an applicant must:
1572	(1)  Demonstrate to the office the character and general
1573	fitness necessary to command the confidence of the public and
1574	warrant the belief that the money services business or deferred
1575	presentment provider shall be operated lawfully and fairly.
1576	(2)  Be legally authorized to do business in this state.
1577	(3)  Be registered as a money services business with the
1578	Financial Crimes Enforcement Network as required by 31 C.F.R. s.
1579	103.41, if applicable.
1580	(4)  Have an anti-money laundering program in place which
1581	meets the requirements of 31 C.F.R. s. 103.125.
1582	(5)  Provide the office with all the information required
1583	under this chapter and related rules.
1584	Section 24.  Section 560.141, Florida Statutes, is created
1585	to read:
1586	560.141  License application.--
1587	(1)  To apply for a license as a money services business
1588	under this chapter the applicant must:
1589	(a)  Submit an application to the office on forms
1590	prescribed by rule which includes the following information:
1591	1.  The legal name and address of the applicant, including
1592	any fictitious or trade names used by the applicant in the
1593	conduct of its business.
1594	2.  The date of the applicant's formation and the state in
1595	which the applicant was formed, if applicable.
1596	3.  The name, social security number, alien identification
1597	or taxpayer identification number, business and residence
1598	addresses, and employment history for the past 5 years for each
1599	officer, director, responsible person, the compliance officer,
1600	each controlling shareholder, any other person who has a
1601	controlling interest in the money services business as provided
1602	in s. 560.127.
1603	4.  A description of the organizational structure of the
1604	applicant, including the identity of any parent or subsidiary of
1605	the applicant, and the disclosure of whether any parent or
1606	subsidiary is publicly traded.
1607	5.  The applicant's history of operations in other states
1608	if applicable and a description of the money services business
1609	or deferred presentment provider activities proposed to be
1610	conducted by the applicant in this state.
1611	6.  If the applicant or its parent is a publicly traded
1612	company, copies of all filings made by the applicant with the
1613	United States Securities and Exchange Commission, or with a
1614	similar regulator in a country other than the United States,
1615	within the preceding year.
1616	7.  The location at which the applicant proposes to
1617	establish its principal place of business and any other
1618	location, including branch offices and authorized agents
1619	operating in this state. For each branch office identified and
1620	each authorized agent appointed, the applicant shall include the
1621	nonrefundable fee required by s. 560.143.
1622	8.  The name and address of the clearing financial
1623	institution or financial institutions through which the
1624	applicant's payment instruments are drawn or through which the
1625	payment instruments are payable.
1626	8.  The history of the applicant's material litigation,
1627	criminal convictions, pleas of nolo contendere, and cases of
1628	adjudication withheld.
1629	9.  The history of material litigation, arrests, criminal
1630	convictions, pleas of nolo contendere, and cases of adjudication
1631	withheld for each executive officer, director, controlling
1632	shareholder, and responsible person.
1633	10.  The name of the registered agent in this state for
1634	service of process unless the applicant is a sole proprietor.
1635	11.  Any other information specified in this chapter or by
1636	rule.
1637	(b)  In addition to the application form, submit:
1638	1.  A nonrefundable application fee as provided in s.
1639	560.143.
1640	2.  A fingerprint card for each of the persons listed in
1641	subparagraph (a)3. unless the applicant is a publicly traded
1642	corporation, or is exempted from this chapter under s.
1643	560.104(1). The fingerprints must be taken by an authorized law
1644	enforcement agency. The office shall submit the fingerprints to
1645	the Department of Law Enforcement for state processing and the
1646	Department of Law Enforcement shall forward the fingerprints to
1647	the Federal Bureau of Investigations for federal processing. The
1648	cost of the fingerprint processing may be borne by the office,
1649	the employer, or the person subject to the criminal records
1650	background check. The office shall screen the background results
1651	to determine if the applicant meets licensure requirements. As
1652	used in this section, the term "publicly traded" means a stock
1653	is currently traded on a national securities exchange registered
1654	with the federal Securities and Exchange Commission or traded on
1655	an exchange in a country other than the United States regulated
1656	by a regulator equivalent to the Securities and Exchange
1657	Commission and the disclosure and reporting requirements of such
1658	regulator are substantially similar to those of the commission.
1659	3.  A copy of the applicant's written anti-money laundering
1660	program required under 31 C.F.R. s. 103.125.
1661	4.  Within the time allotted by rule, any information
1662	needed to resolve any deficiencies found in the application.
1663	(2)  If the office determines that the applicant meets the
1664	qualifications and requirements of this chapter, the office
1665	shall issue a license to the applicant. A license may not be
1666	issued for more than 2 years.
1667	(a)  A license issued under part II of this chapter shall
1668	expire on April 30 of the second year following the date of
1669	issuance of the license unless during such period the license is
1670	surrendered, suspended, or revoked.
1671	(b)  A license issued under part III of this chapter shall
1672	expire on December 31 of the second year following the date of
1673	issuance of the license unless during such period the license is
1674	surrendered, suspended, or revoked.
1675	Section 25.  Section 560.142, Florida Statutes, is created
1676	to read:
1677	560.142  License renewal.--
1678	(1)  A license may be renewed for a subsequent 2-year
1679	period by furnishing such application as required by rule,
1680	together with the payment of a nonrefundable renewal fee as
1681	provided under s. 560.143, on or before the license expiration
1682	date, or for the remainder of any such period without proration
1683	following the date of license expiration.
1684	(2)  In addition to the renewal fee, each part II licensee
1685	must pay a 2-year nonrefundable renewal fee as provided in s.
1686	560.143 for each authorized agent or location operating within
1687	this state.
1688	(3)  A licensee who has on file with the office a
1689	declaration of intent to engage in deferred presentment
1690	transactions may renew a declaration upon license renewal by
1691	submitting a nonrefundable deferred presentment provider renewal
1692	fee as provided in s. 560.143.
1693	(4)  If a license or declaration of intent to engage in
1694	deferred presentment transactions expires, the license or
1695	declaration of intent may be reinstated only if a renewal
1696	application or declaration of intent, all required renewal fees,
1697	and any applicable late fees are received by the office within
1698	60 days after expiration. If not submitted within 60 days, the
1699	license or declaration on intent expires and a new license
1700	application or declaration of intent must be filed with the
1701	office pursuant to this chapter.
1702	(5)  The commission may adopt rules to administer this
1703	section.
1704	Section 26.  Section 560.143, Florida Statutes, is created
1705	to read:
1706	560.143  Fees.--
1707	(1)  License Application Fees.--The applicable non-
1708	refundable fees must accompany an application for licensure:
1709	(a)  Under part II
1710	$500.
1711	(b)  Part III
1712	$250.
1713	(c)  Per branch office
1714	$50.
1715	(d)  For each appointment of an authorized agent
1716	$50.
1717	(e)  Declaration as a deferred presentment provider
1718	$1,000.
1719	(f)  Fingerprint fees as prescribed by rule.
1720	(2)  License Renewal Fees.--The applicable non-refundable
1721	license renewal fees must accompany a renewal of licensure:
1722	(a)  Part II
1723	1,000.
1724	(b)  Part III
1725	$500.
1726	(c)  Per branch office
1727	$50.
1728	(d)  For each appointment of an authorized agents
1729	$50.
1730	(e)  Declaration as a deferred presentment provider
1731	$1,000.
1732	(f)  Renewal fees for branch offices and authorized agents
1733	are limited to $20,000 biennially.
1734	(3)  Late license renewal fees.--
1735	(a)  Part II
1736	$500.
1737	(b)  Part III
1738	$250.
1739	(c)  Declaration as a deferred presentment provider
1740	$500.
1741	Section 27.  Section 560.203, Florida Statutes, is amended
1742	to read:
1743	560.203  Exemptions from licensure.--Authorized agents
1744	vendors of a licensee registrant acting within the scope of
1745	authority conferred by the licensee are registrant shall be
1746	exempt from licensure but are having to register pursuant to the
1747	code but shall otherwise be subject to the its provisions of
1748	this chapter.
1749	Section 28.  Section 560.204, Florida Statutes, is amended
1750	to read:
1751	560.204  License required Requirement of registration.--
1752	(1)  Unless exempted, a No person may not shall engage in
1753	for consideration, or nor in any manner advertise that they
1754	engage, in, the selling or issuing of payment instruments or in
1755	the activity of a money funds transmitter, for compensation,
1756	without first obtaining a license registration under the
1757	provisions of this part. For purposes of this section,
1758	"compensation" includes profit or loss on the exchange of
1759	currency.
1760	(2)  A licensee under this part person registered pursuant
1761	to this part is permitted to engage in the activities authorized
1762	by this part. A person registered pursuant to this part may also
1763	engage in the activities authorized under part III of this
1764	chapter without the imposition of any additional licensing fees
1765	and is exempt from the registration fee required by s. 560.307.
1766	Section 29.  Section 560.205, Florida Statutes, is amended
1767	to read:
1768	560.205  Additional license application requirements
1769	Qualifications of applicant for registration; contents.--In
1770	addition to the license application requirements under part I of
1771	this chapter, an applicant seeking a license under this part
1772	must also submit to the office:
1773	(1)  A sample authorized agent contract, if applicable.
1774	(2)  A sample form of payment instrument, if applicable.
1775	(3)  Documents demonstrating that the net worth and bonding
1776	requirements specified in s. 560.209 have been fulfilled.
1777	(4)  A copy of the applicant's financial audit report for
1778	the most recent fiscal year.
1779	(1)  To qualify for registration under this part, an
1780	applicant must demonstrate to the office such character and
1781	general fitness as to command the confidence of the public and
1782	warrant the belief that the registered business will be operated
1783	lawfully and fairly. The office may investigate each applicant
1784	to ascertain whether the qualifications and requirements
1785	prescribed by this part have been met. The office's
1786	investigation may include a criminal background investigation of
1787	all controlling shareholders, principals, officers, directors,
1788	members, and responsible persons of a funds transmitter and a
1789	payment instrument seller and all persons designated by a funds
1790	transmitter or payment instrument seller as an authorized
1791	vendor. Each controlling shareholder, principal, officer,
1792	director, member, and responsible person of a funds transmitter
1793	or payment instrument seller, unless the applicant is a publicly
1794	traded corporation as defined by the commission by rule, a
1795	subsidiary thereof, or a subsidiary of a bank or bank holding
1796	company organized and regulated under the laws of any state or
1797	the United States, shall file a complete set of fingerprints. A
1798	fingerprint card submitted to the office must be taken by an
1799	authorized law enforcement agency. The office shall submit the
1800	fingerprints to the Department of Law Enforcement for state
1801	processing, and the Department of Law Enforcement shall forward
1802	the fingerprints to the Federal Bureau of Investigation for
1803	state and federal processing. The cost of the fingerprint
1804	processing may be borne by the office, the employer, or the
1805	person subject to the background check. The Department of Law
1806	Enforcement shall submit an invoice to the office for the
1807	fingerprints received each month. The office shall screen the
1808	background results to determine if the applicant meets licensure
1809	requirements. The commission may waive by rule the requirement
1810	that applicants file a set of fingerprints or the requirement
1811	that such fingerprints be processed by the Department of Law
1812	Enforcement or the Federal Bureau of Investigation.
1813	(2)  Each application for registration must be submitted
1814	under oath to the office on such forms as the commission
1815	prescribes by rule and must be accompanied by a nonrefundable
1816	application fee. Such fee may not exceed $500 for each payment
1817	instrument seller or funds transmitter and $50 for each
1818	authorized vendor or location operating within this state. The
1819	application must contain such information as the commission
1820	requires by rule, including, but not limited to:
1821	(a)  The name and address of the applicant, including any
1822	fictitious or trade names used by the applicant in the conduct
1823	of its business.
1824	(b)  The history of the applicant's material litigation,
1825	criminal convictions, pleas of nolo contendere, and cases of
1826	adjudication withheld.
1827	(c)  A description of the activities conducted by the
1828	applicant, the applicant's history of operations, and the
1829	business activities in which the applicant seeks to engage in
1830	this state.
1831	(d)  A sample authorized vendor contract, if applicable.
1832	(e)  A sample form of payment instrument, if applicable.
1833	(f)  The name and address of the clearing financial
1834	institution or financial institutions through which the
1835	applicant's payment instruments will be drawn or through which
1836	such payment instruments will be payable.
1837	(g)  Documents revealing that the net worth and bonding
1838	requirements specified in s. 560.209 have been or will be
1839	fulfilled.
1840	(3)  Each application for registration by an applicant that
1841	is a corporation shall contain such information as the
1842	commission requires by rule, including, but not limited to:
1843	(a)  The date of the applicant's incorporation and state of
1844	incorporation.
1845	(b)  A certificate of good standing from the state or
1846	country in which the applicant was incorporated.
1847	(c)  A description of the corporate structure of the
1848	applicant, including the identity of any parent or subsidiary of
1849	the applicant, and the disclosure of whether any parent or
1850	subsidiary is publicly traded on any stock exchange.
1851	(d)  The name, social security number, business and
1852	residence addresses, and employment history for the past 5 years
1853	for each executive officer, each director, each controlling
1854	shareholder, and the responsible person who will be in charge of
1855	all the applicant's business activities in this state.
1856	(e)  The history of material litigation and criminal
1857	convictions, pleas of nolo contendere, and cases of adjudication
1858	withheld for each officer, each director, each controlling
1859	shareholder, and the responsible person who will be in charge of
1860	the applicant's registered activities.
1861	(f)  Copies of the applicant's audited financial statements
1862	for the current year and, if available, for the immediately
1863	preceding 2-year period. In cases where the applicant is a
1864	wholly owned subsidiary of another corporation, the parent's
1865	consolidated audited financial statements may be submitted to
1866	satisfy this requirement. An applicant who is not required to
1867	file audited financial statements may satisfy this requirement
1868	by filing unaudited financial statements verified under penalty
1869	of perjury, as provided by the commission by rule.
1870	(g)  An applicant who is not required to file audited
1871	financial statements may file copies of the applicant's
1872	unconsolidated, unaudited financial statements for the current
1873	year and, if available, for the immediately preceding 2-year
1874	period.
1875	(h)  If the applicant is a publicly traded company, copies
1876	of all filings made by the applicant with the United States
1877	Securities and Exchange Commission, or with a similar regulator
1878	in a country other than the United States, within the year
1879	preceding the date of filing of the application.
1880	(4)  Each application for registration submitted to the
1881	office by an applicant that is not a corporation shall contain
1882	such information as the commission requires by rule, including,
1883	but not limited to:
1884	(a)  Evidence that the applicant is registered to do
1885	business in this state.
1886	(b)  The name, business and residence addresses, personal
1887	financial statement and employment history for the past 5 years
1888	for each individual having a controlling ownership interest in
1889	the applicant, and each responsible person who will be in charge
1890	of the applicant's registered activities.
1891	(c)  The history of material litigation and criminal
1892	convictions, pleas of nolo contendere, and cases of adjudication
1893	withheld for each individual having a controlling ownership
1894	interest in the applicant and each responsible person who will
1895	be in charge of the applicant's registered activities.
1896	(d)  Copies of the applicant's audited financial statements
1897	for the current year, and, if available, for the preceding 2
1898	years. An applicant who is not required to file audited
1899	financial statements may satisfy this requirement by filing
1900	unaudited financial statements verified under penalty of
1901	perjury, as provided by the commission by rule.
1902	(5)  Each applicant shall designate and maintain an agent
1903	in this state for service of process.
1904	Section 30.  Effective January 1, 2009, section 560.208,
1905	Florida Statutes, is amended to read:
1906	560.208  Conduct of business.--In addition to the
1907	requirements specified in s. 560.140, a licensee under this
1908	part:
1909	(1)  A registrant May conduct its business at one or more
1910	locations within this state through branches or by means of
1911	authorized agents vendors, as designated by the licensee and
1912	approved by the office registrant, including the conduct of
1913	business through electronic transfer, such as by the telephone
1914	or the Internet.
1915	(2)  Notwithstanding and without violating s. 501.0117, a
1916	registrant may charge a different price for a money transmitter
1917	funds transmission service based on the mode of transmission
1918	used in the transaction as, so long as the price charged for a
1919	service paid for with a credit card is not more greater than the
1920	price charged when the that service is paid for with currency or
1921	other similar means accepted within the same mode of
1922	transmission.
1923	(3)  Is responsible for the acts of its authorized agents
1924	within the scope of its written contract with the agent.
1925	(4)  Shall place assets that are the property of a customer
1926	in a segregated account in a federally insured financial
1927	institution and shall maintain separate accounts for operating
1928	capital and the clearing of customer funds.
1929	(5)  Shall, in the normal course of business, ensure that
1930	money transmitted is available to the designated recipient
1931	within 10 business days after receipt.
1932	(6)  Shall immediately upon receipt of currency or payment
1933	instrument provide a confirmation number to the customer
1934	verbally, by paper, or electronically.
1935	(2)  Within 60 days after the date a registrant either
1936	opens a location within this state or authorizes an authorized
1937	vendor to operate on the registrant's behalf within this state,
1938	the registrant shall notify the office on a form prescribed by
1939	the commission by rule. The notification shall be accompanied by
1940	a nonrefundable $50 fee for each authorized vendor or location.
1941	Each notification shall also be accompanied by a financial
1942	statement demonstrating compliance with s. 560.209(1), unless
1943	compliance has been demonstrated by a financial statement filed
1944	with the registrant's quarterly report in compliance with s.
1945	560.118(2). The financial statement must be dated within 90 days
1946	of the date of designation of the authorized vendor or location.
1947	This subsection shall not apply to any authorized vendor or
1948	location that has been designated by the registrant before
1949	October 1, 2001.
1950	(3)  Within 60 days after the date a registrant closes a
1951	location within this state or withdraws authorization for an
1952	authorized vendor to operate on the registrant's behalf within
1953	this state, the registrant shall notify the office on a form
1954	prescribed by the commission by rule.
1955	Section 31.  Effective January 1, 2009, section 560.2085,
1956	Florida Statutes, is created to read:
1957	560.2085  Authorized agents.--A licensee under this part
1958	shall:
1959	(1)  Before an authorized agent commences business on
1960	behalf of a licensee, file with the office such information as
1961	prescribed by rule together with the nonrefundable appointment
1962	fee as provided by s. 560.143, for any person whom the licensee
1963	seeks to appoint as an authorized agent together.
1964	(2)  Enter into a written contract, signed by the licensee
1965	and the authorized agent, which:
1966	(a)  Sets forth the nature and scope of the relationship
1967	between the licensee and the authorized agent, including the
1968	respective rights and responsibilities of the parties; and
1969	(b)  Includes contract provisions that require the
1970	authorized agent to:
1971	1.  Report to the licensee, immediately upon discovery, the
1972	theft or loss of currency received for a transmission or payment
1973	instrument;
1974	2.  Display a notice to the public, in such form as
1975	prescribed by rule, that the agent is the authorized agent of
1976	licensee;
1977	3.  Remit all amounts owed to the licensee for all
1978	transmissions accepted and all payment instruments sold in
1979	accordance with the contract between the licensee and the
1980	authorized agent;
1981	4.  Hold in trust, in favor of the licensee, all money
1982	received for all transmissions accepted or payment instruments
1983	sold from the time of receipt by the authorized agent until the
1984	time the money is forwarded to the licensee;
1985	5.  Not commingle the money received for transmissions
1986	accepted or payment instruments sold on behalf of the licensee
1987	with the money or property of the authorized agent, except for
1988	making change in the ordinary course of the agent's business,
1989	and ensure that the money is accounted for at the end of the
1990	business day;
1991	6.  Consent to examination or investigation by the office;
1992	7.  Adhere to the applicable state and federal laws and
1993	rules pertaining to a money services business; and
1994	8.  Provide such other information or disclosure as may be
1995	required by rule.
1996	(3)  Develop and implement written internal audit policies
1997	and procedures to monitor compliance with applicable state and
1998	federal law by its authorized agents.
1999	(4)  Hold in trust all currency or payment instruments
2000	received for transmissions or for the purchase of payment
2001	instruments from the time of receipt by the licensee or
2002	authorized agent until the time the transmission obligation is
2003	completed.
2004	Section 32.  Section 560.209, Florida Statutes, is amended
2005	to read:
2006	560.209  Adjusted net worth; corporate surety bond;
2007	collateral deposit in lieu of bond.--
2008	(1)  A licensee must Any person engaging in a registered
2009	activity shall have an adjusted a net worth of at least $100,000
2010	computed according to generally accepted accounting principles.
2011	A licensee operating in Applicants proposing to conduct
2012	registered activities at more than one location must shall have
2013	an additional adjusted net worth of $10,000 $50,000 per location
2014	in this state, up as applicable, to a maximum of $2 million
2015	$500,000. The required adjusted net worth must be maintained at
2016	all times.
2017	(2)  A licensee must obtain an annual financial audit
2018	report, which must be submitted to the office within 120 days
2019	after the end of the licensee's fiscal year end, as disclosed to
2020	the office.
2021	(3)(2)  Before the office may issue a license under this
2022	part registration, the applicant must provide to the office a
2023	corporate surety bond, issued by a bonding company or insurance
2024	company authorized to do business in this state.
2025	(a)  The corporate surety bond shall be in an such amount
2026	as specified may be determined by commission rule, but may shall
2027	not be less than $50,000 or exceed $2 million $250,000. The rule
2028	shall provide allowances for the financial condition, number of
2029	locations, and anticipated volume of the licensee. However, the
2030	commission and office may consider extraordinary circumstances,
2031	such as the registrant's financial condition, the number of
2032	locations, and the existing or anticipated volume of outstanding
2033	payment instruments or funds transmitted, and require an
2034	additional amount above $250,000, up to $500,000.
2035	(b)  The corporate surety bond must shall be in a form
2036	satisfactory to the office and shall run to the state for the
2037	benefit of any claimants in this state against the applicant or
2038	its authorized agents vendors to secure the faithful performance
2039	of the obligations of the applicant and its agents authorized
2040	vendors with respect to the receipt, handling, transmission, and
2041	payment of funds. The aggregate liability of the corporate
2042	surety bond may not in no event shall exceed the principal sum
2043	of the bond. Such Claimants against the applicant or its
2044	authorized agent vendors may themselves bring suit directly on
2045	the corporate surety bond, or the Department of Legal Affairs
2046	may bring suit thereon on behalf of the such claimants, in
2047	either one action or in successive actions.
2048	(c)  The A corporate surety bond filed with the office for
2049	purposes of compliance with this section may not be canceled by
2050	either the licensee registrant or the corporate surety except
2051	upon written notice to the office by registered or certified
2052	mail with return receipt requested. A cancellation may shall not
2053	take effect until less than 30 days after receipt by the office
2054	of the such written notice.
2055	(d)  The corporate surety must, within 10 days after it
2056	pays any claim to any claimant, give written notice to the
2057	office by registered or certified mail of such payment with
2058	details sufficient to identify the claimant and the claim or
2059	judgment so paid.
2060	(e)  If Whenever the principal sum of the such bond is
2061	reduced by one or more recoveries or payments, the licensee
2062	registrant must furnish a new or additional bond so that the
2063	total or aggregate principal sum of the such bond equals the sum
2064	required pursuant to paragraph (a) by the commission.
2065	Alternatively, a licensee registrant may furnish an endorsement
2066	executed by the corporate surety reinstating the bond to the
2067	required principal sum thereof.
2068	(4)(3)  In lieu of a such corporate surety bond, or of any
2069	portion of the principal sum thereof required by this section,
2070	the applicant may deposit collateral cash, securities, or
2071	alternative security devices as provided by rule approved by the
2072	commission, with a any federally insured financial institution.
2073	(a)  Acceptable collateral deposit items in lieu of a bond
2074	include cash and interest-bearing stocks and bonds, notes,
2075	debentures, or other obligations of the United States or any
2076	agency or instrumentality thereof, or guaranteed by the United
2077	States, or of this state.
2078	(b)  The collateral deposit must be in an aggregate amount,
2079	based upon principal amount or market value, whichever is lower,
2080	of at least not less than the amount of the required corporate
2081	surety bond or portion thereof.
2082	(c)  Collateral deposits must made under this subsection
2083	shall be pledged to the office and held by the insured financial
2084	institution to secure the same obligations as would the
2085	corporate surety bond, but the depositor is entitled to receive
2086	any all interest and dividends thereon and may, with the
2087	approval of the office, substitute other securities or deposits
2088	for those deposited. The principal amount of the deposit shall
2089	be released only on written authorization of the office or on
2090	the order of a court of competent jurisdiction.
2091	(5)(4)  A licensee registrant must at all times have and
2092	maintain the bond or collateral deposit in the required amount
2093	prescribed by the commission. If the office at any time
2094	reasonably determines that the bond or elements of the
2095	collateral deposit are insecure, deficient in amount, or
2096	exhausted in whole or in part, the office may, by written order,
2097	require the filing of a new or supplemental bond or the deposit
2098	of new or additional collateral deposit items.
2099	(6)(5)  The bond and collateral deposit shall remain in
2100	place for 5 years after the licensee registrant ceases licensed
2101	registered operations in this state. The office may allow permit
2102	the bond or collateral deposit to be reduced or eliminated prior
2103	to that time to the extent that the amount of the licensee's
2104	registrant's outstanding payment instruments or money funds
2105	transmitted in this state are reduced. The office may also allow
2106	a licensee permit a registrant to substitute a letter of credit
2107	or such other form of acceptable security for the bond or
2108	collateral deposit at the time the licensee registrant ceases
2109	licensed money transmission operations in this state.
2110	(6)  The office may waive or reduce a registrant's net
2111	worth or bond or collateral deposit requirement. Such waiver or
2112	modification must be requested by the applicant or registrant,
2113	and may be granted upon a showing by the applicant or registrant
2114	to the satisfaction of the office that:
2115	(a)  The existing net worth, bond, or collateral deposit
2116	requirement is sufficiently in excess of the registrant's
2117	highest potential level of outstanding payment instruments or
2118	money transmissions in this state;
2119	(b)  The direct and indirect cost of meeting the net worth,
2120	bond, or collateral deposit requirement will restrict the
2121	ability of the money transmitter to effectively serve the needs
2122	of its customers and the public; or
2123	(c)  The direct and indirect cost of meeting the net worth,
2124	bond, or collateral requirement will not only have a negative
2125	impact on the money transmitter but will severely hinder the
2126	ability of the money transmitter to participate in and promote
2127	the economic progress and welfare of this state or the United
2128	States.
2129	Section 33.  Section 560.210, Florida Statutes, is amended
2130	to read:
2131	560.210  Permissible investments.--
2132	(1)  A licensee must registrant shall at all times possess
2133	permissible investments with an aggregate market value,
2134	calculated in accordance with United States generally accepted
2135	accounting principles, of at least not less than the aggregate
2136	face amount of all outstanding money funds transmissions and
2137	payment instruments issued or sold by the licensee registrant or
2138	an authorized agent vendor in the United States. As used in this
2139	section,
2140	(2)  Acceptable permissible investments include:
2141	(a)  Cash.
2142	(b)  Certificates of deposit or other deposit liabilities
2143	of a domestic or foreign financial institution, either domestic
2144	or foreign.
2145	(c)  Bankers' acceptances eligible for purchase by member
2146	banks of the Federal Reserve System.
2147	(d)  An investment bearing a rating of one of the three
2148	highest grades as defined by a nationally recognized rating
2149	service of such securities.
2150	(e)  Investment securities that are obligations of the
2151	United States, its agencies or instrumentalities, or obligations
2152	that are guaranteed fully as to principal and interest by the
2153	United States, or any obligations of any state or municipality,
2154	or any political subdivision thereof.
2155	(f)  Shares in a money market mutual fund.
2156	(g)  A demand borrowing agreement or agreements made to a
2157	corporation or a subsidiary of a corporation whose capital stock
2158	is listed on a national exchange.
2159	(h)  Receivables that are due to a licensee registrant from
2160	the licensee's registrant's authorized agent vendors except
2161	those that are more than 90 30 days past due or are doubtful of
2162	collection.
2163	(i)  Any other investment approved by rule the commission.
2164	(2)(3)  Notwithstanding any other provision of this part,
2165	the office, with respect to any particular licensee registrant
2166	or all licensees registrants, may limit the extent to which any
2167	class of permissible investments may be considered a permissible
2168	investment, except for cash and certificates of deposit.
2169	(3)(4)  The office may waive the permissible investments
2170	requirement if the dollar value of a licensee's registrant's
2171	outstanding payment instruments and money funds transmitted do
2172	not exceed the bond or collateral deposit posted by the licensee
2173	registrant under s. 560.209.
2174	Section 34.  Section 560.211, Florida Statutes, is amended
2175	to read:
2176	560.211  Required records.--
2177	(1)  In addition to the record retention requirements under
2178	s. 560.110, each licensee under this part Each registrant must
2179	make, keep, and preserve the following books, accounts, records,
2180	and documents other records for 5 a period of 3 years:
2181	(a)  A daily record or records of payment instruments sold
2182	and money funds transmitted.
2183	(b)  A general ledger containing all asset, liability,
2184	capital, income, and expense accounts, which general ledger
2185	shall be posted at least monthly.
2186	(c)  Daily settlement sheets received from authorized
2187	agents vendors.
2188	(d)  Monthly financial institution statements and
2189	reconciliation records.
2190	(e)  Records of outstanding payment instruments and money
2191	funds transmitted.
2192	(f)  Records of each payment instrument paid and money
2193	funds transmission delivered within the 3-year period.
2194	(g)  A list of the names and addresses of all of the
2195	licensee's registrant's authorized agents vendors, as well as
2196	copies of each authorized vendor contract.
2197	(h)  Records that document the establishment, monitoring,
2198	and termination of relationships with authorized agents and
2199	foreign affiliates.
2200	(i)  Any additional records, as prescribed by rule,
2201	designed to detect and prevent money laundering.
2202	(2)  The records required to be maintained by the code may
2203	be maintained by the registrant at any location if the
2204	registrant notifies the office in writing of the location of the
2205	records in its application or otherwise by amendment as
2206	prescribed by commission rule. The registrant shall make such
2207	records available to the office for examination and
2208	investigation in this state, as permitted by the code, within 7
2209	days after receipt of a written request.
2210	(3)  Registrants and authorized vendors need not preserve
2211	or retain any of the records required by this section or copies
2212	thereof for a period longer than 3 years unless a longer period
2213	is expressly required by the laws of this state or federal law.
2214	A registrant or authorized vendor may destroy any of its records
2215	or copies thereof after the expiration of the retention period
2216	required by this section.
2217	(4)  The original of any record of a registrant or
2218	authorized vendor includes the data or other information
2219	comprising a record stored or transmitted in or by means of any
2220	electronic, computerized, mechanized, or other information
2221	storage or retrieval or transmission system or device which can
2222	upon request generate, regenerate, or transmit the precise data
2223	or other information comprising the record; and an original also
2224	includes the visible data or other information so generated,
2225	regenerated, or transmitted if it is legible or can be made
2226	legible by enlargement or other process.
2227	(2)(5)  Any person who willfully fails to comply with this
2228	section commits a felony of the third degree, punishable as
2229	provided in s. 775.082, s. 775.083, or s. 775.084.
2230	Section 35.  Section 560.212, Florida Statutes, is amended
2231	to read:
2232	560.212  Financial liability.--A licensee Each registrant
2233	under this part is liable for the payment of all money funds
2234	transmitted and payment instruments that it sells, in whatever
2235	form and whether directly or through an authorized agent vendor,
2236	as the maker, drawer, or principal thereof, regardless of
2237	whether such item is negotiable or nonnegotiable.
2238	Section 36.  Section 560.213, Florida Statutes, is amended
2239	to read:
2240	560.213  Payment instrument information.--Each payment
2241	instrument sold or issued by a licensee registrant, directly or
2242	through an authorized agent vendor, must shall bear the name of
2243	the licensee, and any other information as may be required by
2244	rule, registrant clearly imprinted thereon.
2245	Section 37.  Section 560.303, Florida Statutes, is amended
2246	to read:
2247	560.303  License required Requirement of registration.--
2248	(1)  A No person may not shall engage in, or in any manner
2249	advertise engagement in, the business of cashing payment
2250	instruments or the exchanging of foreign currency without being
2251	licensed first registering under the provisions of this part.
2252	(2)  A person licensed under registered pursuant to this
2253	part may not engage in the activities authorized by this part. A
2254	person registered under this part is prohibited from engaging
2255	directly in the activities that require a license under are
2256	authorized under a registration issued pursuant to part II of
2257	this chapter, but may be such person is not prohibited from
2258	engaging in an authorized agent for vendor relationship with a
2259	person licensed registered under part II.
2260	(3)  A person exempt from licensure under registration
2261	pursuant to this part engaging in the business of cashing
2262	payment instruments or the exchanging of foreign currency may
2263	shall not charge fees in excess of those provided in s. 560.309.
2264	Section 38.  Section 560.304, Florida Statutes, is amended
2265	to read:
2266	560.304  Exemption from licensure Exceptions to
2267	registration.--The requirement for licensure under provisions of
2268	this part does do not apply to a person, at a location, cashing
2269	payment instruments that have an aggregate face value of less
2270	than $2,000 per person per day. The burden of establishing the
2271	right to the exemption is on the party claiming the exemption.:
2272	(1)  Authorized vendors of any person registered pursuant
2273	to the provisions of the code, acting within the scope of
2274	authority conferred by the registrant.
2275	(2)  Persons engaged in the cashing of payment instruments
2276	or the exchanging of foreign currency which is incidental to the
2277	retail sale of goods or services whose compensation for cashing
2278	payment instruments or exchanging foreign currency at each site
2279	does not exceed 5 percent of the total gross income from the
2280	retail sale of goods or services by such person during its most
2281	recently completed fiscal year.
2282	Section 39.  Section 560.309, Florida Statutes, is amended
2283	to read:
2284	560.309  Conduct of business Rules.--
2285	(1)  A licensee may transact business under this part only
2286	under the legal name under which the person is licensed. The use
2287	of a fictitious name is allowed if the fictitious name has been
2288	registered with the Department of State and disclosed to the
2289	office as part of an initial license application, or subsequent
2290	amendment to the application, prior to its use. Before a
2291	registrant shall deposit, with any financial institution, a
2292	payment instrument that is cashed by a registrant, each such
2293	item must be endorsed with the actual name under which such
2294	registrant is doing business.
2295	(2)  At the time a licensee accepts a payment instrument
2296	that is cashed by the licensee, the payment instrument must be
2297	endorsed using the legal name under which the licensee is
2298	licensed. Registrants must comply with all the laws of this
2299	state and any federal laws relating to money laundering,
2300	including, as applicable, the provisions of s. 560.123.
2301	(3)  A licensee under this part must deposit or sell
2302	payment instruments within 5 business days after the acceptance
2303	of the payment instrument.
2304	(4)  A licensee may not accept or cash multiple payment
2305	instruments from a person who is not the original payee, unless
2306	the person is licensed to cash payment instruments pursuant to
2307	this part and all payment instruments accepted are endorsed with
2308	the legal name of the person.
2309	(5)  A license must report all suspicious activity to the
2310	office in accordance with the criteria set forth in 31 C.F.R. s.
2311	103.20. In lieu of filing such reports, the commission may
2312	prescribe by rule that the licensee may file such reports with
2313	an appropriate regulator.
2314	(6)(3)  The commission may by rule require a every check
2315	casher to display its license registration and post a notice
2316	listing containing its charges for cashing payment instruments.
2317	(7)(4)  Exclusive of the direct costs of verification which
2318	shall be established by commission rule, a no check casher may
2319	not shall:
2320	(a)  Charge fees, except as otherwise provided by this
2321	part, in excess of 5 percent of the face amount of the payment
2322	instrument, or 6 percent without the provision of
2323	identification, or $5, whichever is greater;
2324	(b)  Charge fees in excess of 3 percent of the face amount
2325	of the payment instrument, or 4 percent without the provision of
2326	identification, or $5, whichever is greater, if such payment
2327	instrument is the payment of any kind of state public assistance
2328	or federal social security benefit payable to the bearer of the
2329	such payment instrument; or
2330	(c)  Charge fees for personal checks or money orders in
2331	excess of 10 percent of the face amount of those payment
2332	instruments, or $5, whichever is greater.
2333	(d)  As used in this subsection, "identification" means,
2334	and is limited to, an unexpired and otherwise valid driver
2335	license, a state identification card issued by any state of the
2336	United States or its territories or the District of Columbia,
2337	and showing a photograph and signature, a United States
2338	Government Resident Alien Identification Card, a United States
2339	passport, or a United States Military identification card.
2340	(8)  A licensee cashing payment instruments may not assess
2341	the cost of collections, other than fees for insufficient funds
2342	as provided by law, without a judgment from a court of competent
2343	jurisdiction.
2344	(9)  If a check is returned to a licensee from a payor
2345	financial institution due to lack of funds, a closed account, or
2346	a stop-payment order, the licensee may seek collection pursuant
2347	to s. 68.065. In seeking collection, the licensee must comply
2348	with the prohibitions against harassment or abuse, false or
2349	misleading representations, and unfair practices in the Fair
2350	Debt Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, and
2351	1692f. A violation of this subsection is a deceptive and unfair
2352	trade practice and constitutes a violation of the Deceptive and
2353	Unfair Trade Practices Act under part II of chapter 501. In
2354	addition, a licensee must comply with the applicable provisions
2355	of the Consumer Collection Practices Act under part VI of
2356	chapter 559, including s. 559.77.
2357	Section 40.  Section 560.310, Florida Statutes, is amended
2358	to read:
2359	560.310  Records of check cashers and foreign currency
2360	exchangers.--
2361	(1)  In addition to the record retention requirements
2362	specified in s. 560.110, a person engaged in check cashing must
2363	maintain the following:
2364	(a)  Customer files, as prescribed by rule, on all
2365	customers who cash corporate or third-party payment instruments
2366	exceeding $1,000.
2367	(b)  For any payment instrument accepted having a face
2368	value of $1,000 or more:
2369	1.  A copy of the personal identification that bears a
2370	photograph of the customer used as identification and presented
2371	by the customer. Acceptable personal identification is limited
2372	to a valid driver's license; a state identification card issued
2373	by any state of the United States or its territories or the
2374	District of Columbia, and showing a photograph and signature; a
2375	United States Government Resident Alien Identification Card; a
2376	United States passport; or a United States Military
2377	identification card.
2378	2.  A photograph and thumbprint of the customer taken by
2379	the licensee.
2380	(c)  In addition to the requirements of paragraph (b), for
2381	any payment instrument accepted having a face value greater than
2382	$10,000, the licensee must take a photograph of the customer,
2383	unless the licensee has such a photograph of the customer on
2384	file along with other documents establishing the identity of the
2385	customer.
2386	(d)  A payment instrument log that must be maintained
2387	electronically as prescribed by rule. For purposes of this
2388	paragraph, multiple payment instruments accepted from any one
2389	person on any given day which total $1,000 or more must be
2390	aggregated and reported on the log. Each registrant must
2391	maintain all books, accounts, records, and documents necessary
2392	to determine the registrant's compliance with the provisions of
2393	the code. Such books, accounts, records, and documents shall be
2394	retained for a period of at least 3 years.
2395	(2)  A licensee under this part may engage the services of
2396	a third party that is not a depository institution for the
2397	maintenance and storage of records required by this section if
2398	all the requirements of this section are met. The records
2399	required to be maintained by the code may be maintained by the
2400	registrant at any location if the registrant notifies the
2401	office, in writing, of the location of the records in its
2402	application or otherwise by amendment as prescribed by
2403	commission rule. The registrant shall make such records
2404	available to the office for examination and investigation in
2405	this state, as permitted by the code, within 7 days after
2406	receipt of a written request.
2407	(3)  Registrants and authorized vendors need not preserve
2408	or retain any of the records required by this section or copies
2409	thereof for a period longer than 3 years unless a longer period
2410	is expressly required by the laws of this state or any federal
2411	law. A registrant or authorized vendor may destroy any of its
2412	records or copies thereof after the expiration of the retention
2413	period required by this section.
2414	(4)  The original of any record of a registrant or
2415	authorized vendor includes the data or other information
2416	comprising a record stored or transmitted in or by means of any
2417	electronic, computerized, mechanized, or other information
2418	storage or retrieval or transmission system or device which can
2419	upon request generate, regenerate, or transmit the precise data
2420	or other information comprising the record; and an original also
2421	includes the visible data or other information so generated,
2422	regenerated, or transmitted if it is legible or can be made
2423	legible by enlargement or other process.
2424	(5)  Any person who willfully violates this section or
2425	fails to comply with any lawful written demand or order of the
2426	office made pursuant to this section commits a felony of the
2427	third degree, punishable as provided in s. 775.082, s. 775.083,
2428	or s. 775.084.
2429	Section 41.  Section 560.402, Florida Statutes, is amended
2430	to read:
2431	560.402  Definitions.--In addition to the definitions
2432	provided in ss. 560.103, 560.202, and 560.302 and unless
2433	otherwise clearly indicated by the context, For the purposes of
2434	this part, the term:
2435	(1)  "Affiliate" means a person who, directly or
2436	indirectly, through one or more intermediaries controls, or is
2437	controlled by, or is under common control with, a deferred
2438	presentment provider.
2439	(2)  "Business day" means the hours during a particular day
2440	during which a deferred presentment provider customarily
2441	conducts business, not to exceed 15 consecutive hours during
2442	that day.
2443	(3)  "Days" means calendar days.
2444	(2)(4)  "Deferment period" means the number of days a
2445	deferred presentment provider agrees to defer depositing, or
2446	presenting, or redeeming a payment instrument.
2447	(5)  "Deferred presentment provider" means a person who
2448	engages in a deferred presentment transaction and is registered
2449	under part II or part III of the code and has filed a
2450	declaration of intent with the office.
2451	(3)(6)  "Deferred presentment transaction" means providing
2452	currency or a payment instrument in exchange for a drawer's
2453	person's check and agreeing to hold the that person's check for
2454	a deferment period of time prior to presentment, deposit, or
2455	redemption.
2456	(4)(7)  "Drawer" means a customer any person who writes a
2457	personal check and upon whose account the check is drawn.
2458	(5)  "Extension of a deferred presentment agreement" means
2459	continuing a deferred presentment transaction past the deferment
2460	period by having the drawer pay additional fees and the deferred
2461	presentment provider continuing to hold the check for another
2462	deferment period.
2463	(6)(8)  "Rollover" means the termination or extension of a
2464	an existing deferred presentment agreement by the payment of an
2465	any additional fee and the continued holding of the check, or
2466	the substitution of a new check drawn by the drawer pursuant to
2467	a new deferred presentment agreement.
2468	(9)  "Fee" means the fee authorized for the deferral of the
2469	presentation of a check pursuant to this part.
2470	(7)(10)  "Termination of a an existing deferred presentment
2471	agreement" means that the check that is the basis for the an
2472	agreement is redeemed by the drawer by payment in full in cash,
2473	or is deposited and the deferred presentment provider has
2474	evidence that such check has cleared. A Verification of
2475	sufficient funds in the drawer's account by the deferred
2476	presentment provider is shall not be sufficient evidence to deem
2477	that the existing deferred deposit transaction is to be
2478	terminated.
2479	(11)  "Extension of an existing deferred presentment
2480	agreement" means that a deferred presentment transaction is
2481	continued by the drawer paying any additional fees and the
2482	deferred presentment provider continues to hold the check for
2483	another period of time prior to deposit, presentment, or
2484	redemption.
2485	Section 42.  Section 560.403, Florida Statutes, is amended
2486	to read:
2487	560.403  Requirements of registration; Declaration of
2488	intent.--
2489	(1)  Except for financial institutions as defined in s.
2490	655.005 No person, Unless otherwise exempt from this chapter, a
2491	person may not shall engage in a deferred presentment
2492	transaction unless the person is licensed as a money services
2493	business registered under the provisions of part II or part III
2494	of this chapter and has on file with the office a declaration of
2495	intent to engage in deferred presentment transactions,
2496	regardless of whether such person is exempted from licensure
2497	under any other provision of this chapter. The declaration of
2498	intent must shall be under oath and on such form as prescribed
2499	the commission prescribes by rule. The declaration of intent
2500	must shall be filed together with a nonrefundable filing fee as
2501	provided in s. 560.143 of $1,000. Any person who is registered
2502	under part II or part III on the effective date of this act and
2503	intends to engage in deferred presentment transactions shall
2504	have 60 days after the effective date of this act to file a
2505	declaration of intent. A declaration of intent expires after 24
2506	months and must be renewed.
2507	(2)  A registrant under this part shall renew his or her
2508	intent to engage in the business of deferred presentment
2509	transactions or to act as a deferred presentment provider upon
2510	renewing his or her registration under part II or part III and
2511	shall do so by indicating his or her intent by submitting a
2512	nonrefundable deferred presentment provider renewal fee of
2513	$1,000, in addition to any fees required for renewal of
2514	registration under part II or part III.
2515	(3)  A registrant under this part who fails to timely renew
2516	his or her intent to engage in the business of deferred
2517	presentment transactions or to act as a deferred presentment
2518	provider shall immediately cease to engage in the business of
2519	deferred presentment transactions or to act as a deferred
2520	presentment provider.
2521	(4)  The notice of intent of a registrant under this part
2522	who fails to timely renew his or her intent to engage in the
2523	business of deferred presentment transactions or to act as a
2524	deferred presentment provider on or before the expiration date
2525	of the registration period automatically expires. A renewal fee
2526	and a nonrefundable late fee of $500 must be filed within 60
2527	calendar days after the expiration of an existing registration
2528	in order for the declaration of intent to be reinstated. The
2529	office shall grant a reinstatement of registration if an
2530	application is filed during the 60-day period, and the
2531	reinstatement is effective upon receipt of the required fees and
2532	any information that the commission requires by rule. If the
2533	registrant has not filed a reinstatement of a renewal
2534	declaration of intent within 60 calendar days after the
2535	expiration date of an existing registration, the notice of
2536	intent expires and a new declaration of intent must be filed
2537	with the office.
2538	(5)  No person, other than a financial institution as
2539	defined in s. 655.005, shall be exempt from registration and
2540	declaration if such person engages in deferred presentment
2541	transactions, regardless of whether such person is currently
2542	exempt from registration under any provision of this code.
2543	Section 43.  Section 560.404, Florida Statutes, is amended
2544	to read:
2545	560.404  Requirements for deferred presentment
2546	transactions.--
2547	(1)  Each Every deferred presentment transaction must shall
2548	be documented in a written agreement signed by both the deferred
2549	presentment provider and the drawer.
2550	(2)  The deferred presentment transaction agreement must
2551	shall be executed on the day the deferred presentment provider
2552	furnishes currency or a payment instrument to the drawer.
2553	(3)  Each written agreement must shall contain the
2554	following information, in addition to any information required
2555	the commission requires by rule, contain the following
2556	information:
2557	(a)  The name or trade name, address, and telephone number
2558	of the deferred presentment provider and the name and title of
2559	the person who signs the agreement on behalf of the deferred
2560	presentment provider.
2561	(b)  The date the deferred presentment transaction is was
2562	made.
2563	(c)  The amount of the drawer's check.
2564	(d)  The length of the deferment deferral period.
2565	(e)  The last day of the deferment period.
2566	(f)  The address and telephone number of the office and the
2567	Division of Consumer Services of the Department of Financial
2568	Services.
2569	(g)  A clear description of the drawer's payment
2570	obligations under the deferred presentment transaction.
2571	(h)  The transaction number assigned by the office's
2572	database.
2573	(4)  The Every deferred presentment provider must shall
2574	furnish to the drawer a copy of the deferred presentment
2575	transaction agreement to the drawer.
2576	(5)  The face amount of a check taken for deferred
2577	presentment may not exceed $500 exclusive of the fees allowed
2578	under by this part.
2579	(6)  A No deferred presentment provider or its affiliate
2580	may not shall charge fees that exceed in excess of 10 percent of
2581	the currency or payment instrument provided. However, a
2582	verification fee may be charged as provided in s. 560.309(7) in
2583	accordance with s. 560.309(4) and the rules adopted pursuant to
2584	the code. The 10-percent fee may not be applied to the
2585	verification fee. A deferred presentment provider may charge
2586	only those fees specifically authorized in this section.
2587	(7)  The fees authorized by this section may not be
2588	collected before the drawer's check is presented or redeemed.
2589	(8)  A No deferred presentment agreement may not shall be
2590	for a term longer than in excess of 31 days or less than 7 days.
2591	(9)  A No deferred presentment provider may not shall
2592	require a drawer person to provide any additional security for
2593	the deferred presentment transaction or any extension or require
2594	the drawer a person to provide any additional guaranty from
2595	another person.
2596	(10)  A deferred presentment provider may shall not include
2597	any of the following provisions in a deferred provider any
2598	written agreement:
2599	(a)  A hold harmless clause.;
2600	(b)  A confession of judgment clause.;
2601	(c)  Any assignment of or order for payment of wages or
2602	other compensation for services.;
2603	(d)  A provision in which the drawer agrees not to assert
2604	any claim or defense arising out of the agreement.; or
2605	(e)  A waiver of any provision of this part.
2606	(11)  A Each deferred presentment provider shall
2607	immediately provide the drawer with the full amount of any check
2608	to be held, less only the fees allowed permitted under this
2609	section.
2610	(12)  The deferred presentment agreement and the drawer's
2611	check must shall bear the same date, and the number of days of
2612	the deferment period shall be calculated from that this date.
2613	The No deferred presentment provider and the drawer or person
2614	may not alter or delete the date on any written agreement or
2615	check held by the deferred presentment provider.
2616	(13)  For each deferred presentment transaction, the
2617	deferred presentment provider must comply with the disclosure
2618	requirements of 12 C.F.R., part 226, relating to the federal
2619	Truth-in-Lending Act, and Regulation Z of the Board of Governors
2620	of the Federal Reserve Board. A copy of the disclosure must be
2621	provided to the drawer at the time the deferred presentment
2622	transaction is initiated.
2623	(14)  A No deferred presentment provider or its affiliate
2624	may not accept or hold an undated check or a check dated on a
2625	date other than the date on which the deferred presentment
2626	provider agreed to hold the check and signed the deferred
2627	presentment transaction agreement.
2628	(15)  A Every deferred presentment provider must shall hold
2629	the drawer's check for the agreed number of days, unless the
2630	drawer chooses to redeem the check before the agreed presentment
2631	date.
2632	(16)  Proceeds in a deferred presentment transaction may be
2633	made to the drawer in the form of the deferred presentment
2634	provider's payment instrument if the deferred presentment
2635	provider is registered under part II; however, an no additional
2636	fee may not be charged by a deferred presentment provider or its
2637	affiliate for issuing or cashing the deferred presentment
2638	provider's payment instrument.
2639	(17)  A No deferred presentment provider may not require
2640	the drawer to accept its payment instrument in lieu of currency.
2641	(18)  A No deferred presentment provider or its affiliate
2642	may not engage in the rollover of a any deferred presentment
2643	agreement. A deferred presentment provider may shall not redeem,
2644	extend, or otherwise consolidate a deferred presentment
2645	agreement with the proceeds of another deferred presentment
2646	transaction made by the same or an affiliate affiliated deferred
2647	presentment provider.
2648	(19)  A deferred presentment provider may not enter into a
2649	deferred presentment transaction with a drawer person who has an
2650	outstanding deferred presentment transaction with that provider
2651	or with any other deferred presentment provider, or with a
2652	person whose previous deferred presentment transaction with that
2653	provider or with any other provider has been terminated for less
2654	than 24 hours. The deferred presentment provider must verify
2655	such information as follows:
2656	(a)  The deferred presentment provider shall maintain a
2657	common database and shall verify whether the that deferred
2658	presentment provider or an affiliate has an outstanding deferred
2659	presentment transaction with a particular person or has
2660	terminated a transaction with that person within the previous 24
2661	hours.
2662	(b)  The deferred presentment provider shall access the
2663	office's database established pursuant to subsection (23) and
2664	shall verify whether any other deferred presentment provider has
2665	an outstanding deferred presentment transaction with a
2666	particular person or has terminated a transaction with that
2667	person within the previous 24 hours. If a provider has not
2668	established Prior to the time that the office has implemented
2669	such a database, the deferred presentment provider may rely upon
2670	the written verification of the drawer as provided in subsection
2671	(20).
2672	(20)  A deferred presentment provider shall provide the
2673	following notice in a prominent place on each deferred
2674	presentment agreement in at least 14-point type in substantially
2675	the following form and must obtain the signature of the drawer
2676	where indicated:
2677
2678
2679
2680	NOTICE
2681
2682	1.  STATE LAW PROHIBITS YOU FROM HAVING MORE THAN ONE DEFERRED
2683	PRESENTMENT AGREEMENT AT ANY ONE TIME. STATE LAW ALSO PROHIBITS
2684	YOU FROM ENTERING INTO A DEFERRED PRESENTMENT AGREEMENT WITHIN
2685	24 HOURS AFTER OF TERMINATING ANY PREVIOUS DEFERRED PRESENTMENT
2686	AGREEMENT. FAILURE TO OBEY THIS LAW COULD CREATE SEVERE
2687	FINANCIAL HARDSHIP FOR YOU AND YOUR FAMILY.
2688
2689
2690	YOU MUST SIGN THE FOLLOWING STATEMENT:
2691
2692	I DO NOT HAVE AN OUTSTANDING DEFERRED PRESENTMENT AGREEMENT WITH
2693	ANY DEFERRED PRESENTMENT PROVIDER AT THIS TIME. I HAVE NOT
2694	TERMINATED A DEFERRED PRESENTMENT AGREEMENT WITHIN THE PAST 24
2695	HOURS.
2696
2697	(Signature of Drawer)
2698
2699
2700	2.  YOU CANNOT BE PROSECUTED IN CRIMINAL COURT FOR A CHECK
2701	WRITTEN UNDER THIS AGREEMENT, BUT ALL LEGALLY AVAILABLE CIVIL
2702	MEANS TO ENFORCE THE DEBT MAY BE PURSUED AGAINST YOU.
2703
2704
2705	3.  STATE LAW PROHIBITS A DEFERRED PRESENTMENT PROVIDER (THIS
2706	BUSINESS) FROM ALLOWING YOU TO "ROLL OVER" YOUR DEFERRED
2707	PRESENTMENT TRANSACTION. THIS MEANS THAT YOU CANNOT BE ASKED OR
2708	REQUIRED TO PAY AN ADDITIONAL FEE IN ORDER TO FURTHER DELAY THE
2709	DEPOSIT OR PRESENTMENT OF YOUR CHECK FOR PAYMENT. IF YOU INFORM
2710	THE PROVIDER IN PERSON THAT YOU CANNOT COVER THE CHECK OR PAY IN
2711	FULL THE AMOUNT OWING AT THE END OF THE TERM OF THIS AGREEMENT,
2712	YOU WILL RECEIVE A GRACE PERIOD EXTENDING THE TERM OF THE
2713	AGREEMENT FOR AN ADDITIONAL 60 DAYS AFTER THE ORIGINAL
2714	TERMINATION DATE, WITHOUT ANY ADDITIONAL CHARGE. THE DEFERRED
2715	PRESENTMENT PROVIDER SHALL REQUIRE THAT YOU, AS A CONDITION OF
2716	OBTAINING THE GRACE PERIOD, COMPLETE CONSUMER CREDIT COUNSELING
2717	PROVIDED BY AN AGENCY INCLUDED ON THE LIST THAT WILL BE PROVIDED
2718	TO YOU BY THIS PROVIDER. YOU MAY ALSO AGREE TO COMPLY WITH AND
2719	ADHERE TO A REPAYMENT PLAN APPROVED BY THAT AGENCY. IF YOU DO
2720	NOT COMPLY WITH AND ADHERE TO A REPAYMENT PLAN APPROVED BY THAT
2721	AGENCY, WE MAY DEPOSIT OR PRESENT YOUR CHECK FOR PAYMENT AND
2722	PURSUE ALL LEGALLY AVAILABLE CIVIL MEANS TO ENFORCE THE DEBT AT
2723	THE END OF THE 60-DAY GRACE PERIOD.
2724	(21)  The deferred presentment provider may not deposit or
2725	present the drawer's check if the drawer informs the provider in
2726	person that the drawer cannot redeem or pay in full in cash the
2727	amount due and owing the deferred presentment provider. No
2728	additional fees or penalties may be imposed on the drawer by
2729	virtue of any misrepresentation made by the drawer as to the
2730	sufficiency of funds in the drawer's account. In no event shall
2731	any Additional fees may not be added to the amounts due and
2732	owing to the deferred presentment provider.
2733	(22)(a)  If, by the end of the deferment period, the drawer
2734	informs the deferred presentment provider in person that the
2735	drawer cannot redeem or pay in full in cash the amount due and
2736	owing the deferred presentment provider, the deferred
2737	presentment provider shall provide a grace period extending the
2738	term of the agreement for an additional 60 days after the
2739	original termination date, without any additional charge.
2740	(a)  The provider shall require that as a condition of
2741	providing a this grace period, that within the first 7 days of
2742	the grace period the drawer make an appointment with a consumer
2743	credit counseling agency within 7 days after the end of the
2744	deferment period and complete the counseling by the end of the
2745	grace period. The drawer may agree to, comply with, and adhere
2746	to a repayment plan approved by the counseling agency. If the
2747	drawer agrees to comply with and adhere to a repayment plan
2748	approved by the counseling agency, the provider must is also
2749	required to comply with and adhere to that repayment plan. The
2750	deferred presentment provider may not deposit or present the
2751	drawer's check for payment before the end of the 60-day grace
2752	period unless the drawer fails to comply with such conditions or
2753	the drawer fails to notify the provider of such compliance.
2754	Before each deferred presentment transaction, the provider may
2755	verbally advise the drawer of the availability of the grace
2756	period consistent with the provisions of the written notice in
2757	subsection (20), and may shall not discourage the drawer from
2758	using the grace period.
2759	(b)  At the commencement of the grace period, the deferred
2760	presentment provider shall provide the drawer:
2761	1.  Verbal notice of the availability of the grace period
2762	consistent with the written notice in subsection (20).
2763	2.  A list of approved consumer credit counseling agencies
2764	prepared by the office. The office list shall include nonprofit
2765	consumer credit counseling agencies affiliated with the National
2766	Foundation for Credit Counseling which provide credit counseling
2767	services to state Florida residents in person, by telephone, or
2768	through the Internet. The office list must include phone numbers
2769	for the agencies, the counties served by the agencies, and
2770	indicate the agencies that provide telephone counseling and
2771	those that provide Internet counseling. The office shall update
2772	the list at least once each year.
2773	3.  The following notice in at least 14-point type in
2774	substantially the following form:
2775
2776
2777	AS A CONDITION OF OBTAINING A GRACE PERIOD EXTENDING THE TERM OF
2778	YOUR DEFERRED PRESENTMENT AGREEMENT FOR AN ADDITIONAL 60 DAYS,
2779	UNTIL [DATE], WITHOUT ANY ADDITIONAL FEES, YOU MUST COMPLETE
2780	CONSUMER CREDIT COUNSELING PROVIDED BY AN AGENCY INCLUDED ON THE
2781	LIST THAT WILL BE PROVIDED TO YOU BY THIS PROVIDER. YOU MAY ALSO
2782	AGREE TO COMPLY WITH AND ADHERE TO A REPAYMENT PLAN APPROVED BY
2783	THE AGENCY. THE COUNSELING MAY BE IN PERSON, BY TELEPHONE, OR
2784	THROUGH THE INTERNET. YOU MUST NOTIFY US WITHIN 7 SEVEN (7)
2785	DAYS, BY [DATE], THAT YOU HAVE MADE AN APPOINTMENT WITH SUCH A
2786	CONSUMER CREDIT COUNSELING AGENCY. YOU MUST ALSO NOTIFY US
2787	WITHIN 60 SIXTY (60) DAYS, BY [DATE], THAT YOU HAVE COMPLETED
2788	THE CONSUMER CREDIT COUNSELING. WE MAY VERIFY THIS INFORMATION
2789	WITH THE AGENCY. IF YOU FAIL TO PROVIDE EITHER THE 7-DAY OR 60-
2790	DAY NOTICE, OR IF YOU HAVE NOT MADE THE APPOINTMENT OR COMPLETED
2791	THE COUNSELING WITHIN THE TIME REQUIRED, WE MAY DEPOSIT OR
2792	PRESENT YOUR CHECK FOR PAYMENT AND PURSUE ALL LEGALLY AVAILABLE
2793	CIVIL MEANS TO ENFORCE THE DEBT.
2794	(c)  If a drawer completes an approved payment plan, the
2795	deferred presentment provider shall pay one-half of the drawer's
2796	fee for the deferred presentment agreement to the consumer
2797	credit counseling agency.
2798	(23)  The office shall implement a common database with
2799	real-time access through an Internet connection for deferred
2800	presentment providers, as provided in this subsection. The
2801	database must be accessible to the office and the deferred
2802	presentment providers in order to verify whether any deferred
2803	presentment transactions are outstanding for a particular
2804	person. Deferred presentment providers shall submit such data
2805	before entering into each deferred presentment transaction in
2806	such format as required the commission shall require by rule,
2807	including the drawer's name, social security number or
2808	employment authorization alien number, address, driver's license
2809	number, amount of the transaction, date of transaction, the date
2810	that the transaction is closed, and such additional information
2811	as is required by rule the commission. The commission may by
2812	rule impose a fee of up to not to exceed $1 per transaction for
2813	data that must required to be submitted by a deferred
2814	presentment provider. A deferred presentment provider may rely
2815	on the information contained in the database as accurate and is
2816	not subject to any administrative penalty or civil liability due
2817	to as a result of relying on inaccurate information contained in
2818	the database. A deferred presentment provider must notify the
2819	office within 15 business days after ceasing operations and in a
2820	manner as prescribed by rule. Such notification must include a
2821	reconciliation of all open transactions. If the provider fails
2822	to provide notice, the office shall take action to
2823	administratively release all open and pending transactions in
2824	the database after the office becomes aware of the closure. This
2825	section does not affect the rights of the provider to enforce
2826	the contractual provisions of the deferred presentment
2827	agreements through any civil action allowed by law. The
2828	commission may adopt rules to administer and enforce the
2829	provisions of this subsection section and to ensure assure that
2830	the database is used by deferred presentment providers in
2831	accordance with this section.
2832	(24)  A deferred presentment provider may not accept more
2833	than one check or authorization to initiate more than one
2834	automated clearinghouse transaction to collect on a deferred
2835	presentment transaction for a single deferred presentment
2836	transaction.
2837	Section 44.  Section 560.405, Florida Statutes, is amended
2838	to read:
2839	560.405  Deposit; redemption.--
2840	(1)  The deferred presentment provider or its affiliate may
2841	shall not present the drawer's check before the end of the
2842	deferment period prior to the agreed-upon date of presentment,
2843	as reflected in the deferred presentment transaction agreement.
2844	(2)  Before a deferred presentment provider presents the
2845	drawer's check, the check must shall be endorsed with the actual
2846	name under which the deferred presentment provider is doing
2847	business.
2848	(3)  Notwithstanding the provisions of subsection (1), in
2849	lieu of presentment, a deferred presentment provider may allow
2850	the check to be redeemed at any time upon payment to the
2851	deferred presentment provider in the amount of the face amount
2852	of the drawer's check. However, payment may not be made in the
2853	form of a personal check. Upon redemption, the deferred
2854	presentment provider shall return the drawer's check that was
2855	being held and provide a signed, dated receipt showing that the
2856	drawer's check has been redeemed.
2857	(4)  A No drawer may not can be required to redeem his or
2858	her check before prior to the agreed-upon date; however, the
2859	drawer may choose to redeem the check before the agreed-upon
2860	presentment date.
2861	Section 45.  Section 560.406, Florida Statutes, is amended
2862	to read:
2863	560.406  Worthless checks.--
2864	(1)  If a check is returned to a deferred presentment
2865	provider from a payor financial institution due to lack of
2866	funds, a closed account, or a stop-payment order, the deferred
2867	presentment provider may seek collection pursuant to s. 68.065,
2868	except a deferred presentment provider may shall not be entitled
2869	to collect treble damages pursuant s. 68.065. The notice sent by
2870	the a deferred deposit provider may pursuant to s. 68.065 shall
2871	not include any references to treble damages and must clearly
2872	state that the deferred presentment provider is not entitled to
2873	recover such damages. Except as otherwise provided in this part,
2874	an individual who issues a personal check to a deferred
2875	presentment provider under a deferred presentment agreement is
2876	not subject to criminal penalty.
2877	(2)  If a check is returned to a deferred presentment
2878	provider from a payor financial institution due to insufficient
2879	funds, a closed account, or a stop-payment order, the deferred
2880	presentment provider may pursue all legally available civil
2881	remedies to collect the check, including, but not limited to,
2882	the imposition of all charges imposed on the deferred
2883	presentment provider by the any financial institution. In its
2884	collection practices, a deferred presentment provider must shall
2885	comply with the prohibitions against harassment or abuse, false
2886	or misleading representations, and unfair practices that which
2887	are contained in ss. 806, 807, and 808 of the Fair Debt
2888	Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, 1692f. A
2889	violation of this act is a deceptive and unfair trade practice
2890	and constitutes a violation of the Deceptive and Unfair Trade
2891	Practices Act under, part II of chapter 501. In addition, a
2892	deferred presentment provider must shall comply with the
2893	applicable provisions of part VI of chapter 559, the Consumer
2894	Collection Practices Act under part VI of chapter 559,
2895	including, but not limited to, the provisions of s. 559.77.
2896	(3)  A deferred presentment provider may not assess the
2897	cost of collection, other than charges for insufficient funds as
2898	allowed by law, without a judgment from a court of competent
2899	jurisdiction.
2900	Section 46.  Subsection (7) of section 499.005, Florida
2901	Statutes, is amended to read:
2902	499.005  Prohibited acts.--It is unlawful for a person to
2903	perform or cause the performance of any of the following acts in
2904	this state:
2905	(7)  The purchase or sale of prescription drugs for
2906	wholesale distribution in exchange for currency, as defined in
2907	s. 560.103 s. 560.103(6).
2908	Section 47.  Paragraph (i) of subsection (2) of section
2909	499.0691, Florida Statutes, is amended to read:
2910	499.0691  Criminal punishment for violations related to
2911	drugs; dissemination of false advertisement.--
2912	(2)  Any person who violates any of the following
2913	provisions commits a felony of the third degree, punishable as
2914	provided in s. 775.082, s. 775.083, or s. 775.084, or as
2915	otherwise provided in ss. 499.001-499.081.
2916	(i)  The purchase or sale of prescription drugs for
2917	wholesale distribution in exchange for currency, as defined in
2918	s. 560.103 s. 560.103(6).
2919	Section 48.  Paragraph (b) of subsection (2) of section
2920	501.95, Florida Statutes, is amended to read:
2921	501.95  Gift certificates and credit memos.--
2922	(2)
2923	(b)  Paragraph (a) does not apply to a gift certificate or
2924	credit memo sold or issued by a financial institution, as
2925	defined in s. 655.005, or by a money services business
2926	transmitter, as defined in s. 560.103, if the gift certificate
2927	or credit memo is redeemable by multiple unaffiliated merchants.
2928	Section 49.  Paragraph (n) of subsection (2) of section
2929	538.03, Florida Statutes, is amended to read:
2930	538.03  Definitions; applicability.--
2931	(2)  This chapter does not apply to:
2932	(n)  A business that contracts with other persons or
2933	entities to offer its secondhand goods for sale, purchase,
2934	consignment, or trade via an Internet website, and that
2935	maintains a shop, store, or other business premises for this
2936	purpose, if all of the following apply:
2937	1.  The secondhand goods must be available on the website
2938	for viewing by the public at no charge;
2939	2.  The records of the sale, purchase, consignment, or
2940	trade must be maintained for at least 2 years;
2941	3.  The records of the sale, purchase, consignment, or
2942	trade, and the description of the secondhand goods as listed on
2943	the website, must contain the serial number of each item, if
2944	any;
2945	4.  The secondhand goods listed on the website must be
2946	searchable based upon the state or zip code;
2947	5.  The business must provide the appropriate law
2948	enforcement agency with the name or names under which it
2949	conducts business on the website;
2950	6.  The business must allow the appropriate law enforcement
2951	agency to inspect its business premises at any time during
2952	normal business hours;
2953	7.  Any payment by the business resulting from such a sale,
2954	purchase, consignment, or trade must be made to the person or
2955	entity with whom the business contracted to offer the goods and
2956	must be made by check or via a money services business
2957	transmitter licensed under part II of chapter 560; and
2958	8.a.  At least 48 hours after the estimated time of
2959	contracting to offer the secondhand goods, the business must
2960	verify that any item having a serial number is not stolen
2961	property by entering the serial number of the item into the
2962	Department of Law Enforcement's stolen article database located
2963	at the Florida Crime Information Center's public access system
2964	website. The business shall record the date and time of such
2965	verification on the contract covering the goods. If such
2966	verification reveals that an item is stolen property, the
2967	business shall immediately remove the item from any website on
2968	which it is being offered and notify the appropriate law
2969	enforcement agency; or
2970	b.  The business must provide the appropriate law
2971	enforcement agency with an electronic copy of the name, address,
2972	phone number, driver's license number, and issuing state of the
2973	person with whom the business contracted to offer the goods, as
2974	well as an accurate description of the goods, including make,
2975	model, serial number, and any other unique identifying marks,
2976	numbers, names, or letters that may be on an item, in a format
2977	agreed upon by the business and the appropriate law enforcement
2978	agency. This information must be provided to the appropriate law
2979	enforcement agency within 24 hours after entering into the
2980	contract unless other arrangements are made between the business
2981	and the law enforcement agency.
2982	Section 50.  Subsection (10) of section 896.101, Florida
2983	Statutes, is amended to read:
2984	896.101  Florida Money Laundering Act; definitions;
2985	penalties; injunctions; seizure warrants; immunity.--
2986	(10)  Any financial institution, licensed money services
2987	business transmitter, or other person served with and complying
2988	with the terms of a warrant, temporary injunction, or other
2989	court order, including any subpoena issued under the authority
2990	granted by s. 16.56 or s. 27.04, obtained in furtherance of an
2991	investigation of any crime in this section, including any crime
2992	listed as specified unlawful activity under this section or any
2993	felony violation of chapter 560, has immunity from criminal
2994	liability and is shall not be liable to any person for any
2995	lawful action taken in complying with the warrant, temporary
2996	injunction, or other court order, including any subpoena issued
2997	under the authority granted by s. 16.56 or s. 27.04. If any
2998	subpoena issued under the authority granted by s. 16.56 or s.
2999	27.04 contains a nondisclosure provision, any financial
3000	institution, licensed money services business transmitter,
3001	employee or officer of a financial institution or licensed money
3002	services business transmitter, or any other person may not
3003	notify, directly or indirectly, any customer of that financial
3004	institution or licensed money services business transmitter
3005	whose records are being sought by the subpoena, or any other
3006	person named in the subpoena, about the existence or the
3007	contents of that subpoena or about information that has been
3008	furnished to the state attorney or statewide prosecutor who
3009	issued the subpoena or other law enforcement officer named in
3010	the subpoena in response to the subpoena.
3011	Section 51.  Subsection (5) of section 896.104, Florida
3012	Statutes, is amended to read:
3013	896.104  Structuring transactions to evade reporting or
3014	registration requirements prohibited.--
3015	(5)  INFERENCE.--Proof that a person engaged for monetary
3016	consideration in the business of a money funds transmitter, as
3017	defined in s. 560.103, s. 560.103(10) and who is transporting
3018	more than $10,000 in currency, or the foreign equivalent,
3019	without being licensed registered as a money transmitter or
3020	designated as an authorized agent vendor under the provisions of
3021	chapter 560, gives rise to an inference that the transportation
3022	was done with knowledge of the licensure registration
3023	requirements of chapter 560 and the reporting requirements of
3024	this chapter.
3025	Section 52.  Paragraph (g) of subsection (3) of section
3026	921.0022, Florida Statutes, is amended to read:
3027	921.0022  Criminal Punishment Code; offense severity
3028	ranking chart.--
3029	(3)  OFFENSE SEVERITY RANKING CHART
3030	(g)  LEVEL 7
	FloridaStatute FelonyDegree Description
3031
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
3032
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
3033
	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.
3034
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
3035
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
3036
	409.920(2) 3rd Medicaid provider fraud.
3037
	456.065(2) 3rd Practicing a health care profession without a license.
3038
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
3039
	458.327(1) 3rd Practicing medicine without a license.
3040
	459.013(1) 3rd Practicing osteopathic medicine without a license.
3041
	460.411(1) 3rd Practicing chiropractic medicine without a license.
3042
	461.012(1) 3rd Practicing podiatric medicine without a license.
3043
	462.17 3rd Practicing naturopathy without a license.
3044
	463.015(1) 3rd Practicing optometry without a license.
3045
	464.016(1) 3rd Practicing nursing without a license.
3046
	465.015(2) 3rd Practicing pharmacy without a license.
3047
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
3048
	467.201 3rd Practicing midwifery without a license.
3049
	468.366 3rd Delivering respiratory care services without a license.
3050
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
3051
	483.901(9) 3rd Practicing medical physics without a license.
3052
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
3053
	484.053 3rd Dispensing hearing aids without a license.
3054
	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.
3055
	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.
3056
	560.125(5)(a) 3rd Money services transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
3057
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
3058
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
3059
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
3060
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
3061
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
3062
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
3063
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
3064
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
3065
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
3066
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
3067
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
3068
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
3069
	784.048(7) 3rd Aggravated stalking; violation of court order.
3070
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
3071
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
3072
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
3073
	784.081(1) 1st Aggravated battery on specified official or employee.
3074
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
3075
	784.083(1) 1st Aggravated battery on code inspector.
3076
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
3077
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
3078
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
3079
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
3080
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
3081
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
3082
	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.
3083
	796.03 2nd Procuring any person under 16 years for prostitution.
3084
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
3085
	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.
3086
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
3087
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
3088
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
3089
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
3090
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
3091
	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.
3092
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
3093
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
3094
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
3095
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
3096
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
3097
	812.131(2)(a) 2nd Robbery by sudden snatching.
3098
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
3099
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
3100
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
3101
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
3102
	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.
3103
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
3104
	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.
3105
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
3106
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
3107
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
3108
	838.015 2nd Bribery.
3109
	838.016 2nd Unlawful compensation or reward for official behavior.
3110
	838.021(3)(a) 2nd Unlawful harm to a public servant.
3111
	838.22 2nd Bid tampering.
3112
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
3113
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
3114
	872.06 2nd Abuse of a dead human body.
3115
	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.
3116
	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.
3117
	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).
3118
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
3119
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
3120
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
3121
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
3122
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
3123
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
3124
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
3125
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
3126
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
3127
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
3128
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
3129
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
3130
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
3131
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
3132
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
3133
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
3134
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
3135
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
3136
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
3137
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
3138
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
3139
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
3140
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
3141
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
3142
3143	Section 53.  Sections 560.101, 560.102, 560.106, 560.1073,
3144	560.108, 560.112. 560.117, 560.200, 560.202, 560.206, 560.207,
3145	560.301, 560.302, 560.305, 560.306, 560.307, 560.308, 560.401,
3146	560.402, and 560.407, Florida Statutes, are repealed.
3147	Section 54.  Except as otherwise expressly provided in this
3148	act, this act shall take effect October 1, 2008.

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