Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 410
       
       
       
       
       
                                Barcode 783148                          
       
       576-04582-13                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to money services businesses; amending
    3         s. 560.310, F.S.; requiring licensees engaged in check
    4         cashing to submit certain transaction information to
    5         the Office of Financial Regulation related to the
    6         payment instruments cashed; requiring the office to
    7         maintain the transaction information in a centralized
    8         check cashing database; requiring the office to issue
    9         a competitive solicitation for a database to maintain
   10         certain transaction information relating to check
   11         cashing; authorizing the office to request funds and
   12         to submit draft legislation after certain requirements
   13         are met; authorizing the Financial Services Commission
   14         to adopt rules; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 560.310, Florida Statutes, is amended to
   19  read:
   20         560.310 Records of check cashers and foreign currency
   21  exchangers.—
   22         (1) A licensee engaged in check cashing must maintain for
   23  the period specified in s. 560.1105 a copy of each payment
   24  instrument cashed.
   25         (2) If the payment instrument exceeds $1,000, the following
   26  additional information must be maintained or submitted:
   27         (a) Customer files, as prescribed by rule, on all customers
   28  who cash corporate payment instruments that exceed $1,000.
   29         (b) A copy of the personal identification that bears a
   30  photograph of the customer used as identification and presented
   31  by the customer. Acceptable personal identification is limited
   32  to a valid driver license; a state identification card issued by
   33  any state of the United States or its territories or the
   34  District of Columbia, and showing a photograph and signature; a
   35  United States Government Resident Alien Identification Card; a
   36  passport; or a United States Military identification card.
   37         (c) A thumbprint of the customer taken by the licensee when
   38  the payment instrument is presented for negotiation or payment.
   39         (d) The office shall, at a minimum, require licensees to
   40  submit the following information to the check cashing database
   41  or electronic log, before entering into each check cashing
   42  transaction for each A payment instrument being cashed, in such
   43  format as required log that must be maintained electronically as
   44  prescribed by rule:
   45         1. Transaction date.
   46         2. Payor name as displayed on the payment instrument.
   47         3. Payee name as displayed on the payment instrument.
   48         4. Conductor name, if different from the payee name.
   49         5. Amount of the payment instrument.
   50         6. Amount of currency provided.
   51         7. Type of payment instrument, which may include personal,
   52  payroll, government, corporate, third-party, or another type of
   53  instrument.
   54         8. Amount of the fee charged for cashing of the payment
   55  instrument.
   56         9. Branch or location where the payment instrument was
   57  accepted.
   58         10. The type of identification and identification number
   59  presented by the payee or conductor.
   60         11. Payee’s workers’ compensation insurance policy number
   61  or exemption certificate number, if the payee is a business.
   62         12. Such additional information as required by rule.
   63  
   64  For purposes of this subsection paragraph, multiple payment
   65  instruments accepted from any one person on any given day which
   66  total $1,000 or more must be aggregated and reported in on the
   67  check cashing database or on the log.
   68         (3) A licensee under this part may engage the services of a
   69  third party that is not a depository institution for the
   70  maintenance and storage of records required by this section if
   71  all the requirements of this section are met.
   72         (4) The office shall issue a competitive solicitation as
   73  provided in s. 287.057 for a statewide, real time, online check
   74  cashing database to combat fraudulent check cashing activity.
   75  After completing the competitive solicitation process, but
   76  before executing a contract, the office may request funds in its
   77  2014-2015 fiscal year legislative budget request and submit
   78  necessary draft conforming legislation, if needed, to implement
   79  this act.
   80         (5) The office shall ensure that the check cashing
   81  database:
   82         (a) Provides an interface with the Secretary of State’s
   83  database for purposes of verifying corporate registration and
   84  articles of incorporation pursuant to this section.
   85         (b) Provides an interface with the Department of Financial
   86  Services’ database for purposes of determining proof of coverage
   87  for workers’ compensation.
   88         (6) The commission may adopt rules to administer this
   89  section, require that additional information be submitted to the
   90  check cashing database, and ensure that the database is used by
   91  the licensee in accordance with this section.
   92         Section 2. This act shall take effect July 1, 2013.