Florida Senate - 2022              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 486
       
       
       
       
       
                               Ì975382;Î975382                          
       
       576-02374-22                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Agriculture, Environment, and
       General Government)
    1                        A bill to be entitled                      
    2         An act relating to money services businesses; amending
    3         s. 559.952, F.S.; revising exceptions to general laws
    4         and rules for licensees during the Financial
    5         Technology Sandbox period; amending s. 560.103, F.S.;
    6         revising definitions; defining the term “virtual
    7         currency”; amending s. 560.123, F.S.; revising the
    8         purpose of the Florida Control of Money Laundering in
    9         Money Services Business Act; revising the duties of
   10         money services businesses; revising civil and criminal
   11         penalties; amending s. 560.125, F.S.; revising
   12         criminal and civil penalties for certain violations
   13         relating to unlicensed activity involving money
   14         services businesses and deferred presentment
   15         providers; amending s. 560.204, F.S.; revising
   16         provisions related to certain prohibited activities
   17         without a license or an exemption; revising the
   18         definition of the term “compensation”; amending s.
   19         560.208, F.S.; revising requirements for a money
   20         transmitter or payment instrument seller to conduct
   21         business; amending s. 560.2085, F.S.; revising
   22         requirements for written contracts between money
   23         transmitters or payment instrument sellers and
   24         authorized vendors; amending s. 560.210, F.S.;
   25         requiring money transmitters that receive virtual
   26         currency for specified purposes to hold a certain type
   27         and amount of virtual currency until the transmission
   28         obligation is completed; excluding such virtual
   29         currency in the calculation of permissible
   30         investments; amending s. 560.211, F.S.; revising
   31         recordkeeping requirements for money transmitters or
   32         payment instrument sellers; amending s. 560.212, F.S.;
   33         revising financial liability requirements for money
   34         transmitters or payment instrument sellers; providing
   35         an effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Paragraph (a) of subsection (4) of section
   40  559.952, Florida Statutes, is amended to read:
   41         559.952 Financial Technology Sandbox.—
   42         (4) EXCEPTIONS TO GENERAL LAW AND WAIVERS OF RULE
   43  REQUIREMENTS.—
   44         (a) Notwithstanding any other law, upon approval of a
   45  Financial Technology Sandbox application, the following
   46  provisions and corresponding rule requirements are not
   47  applicable to the licensee during the sandbox period:
   48         1. Section 516.03(1), except for the application fee, the
   49  investigation fee, the requirement to provide the social
   50  security numbers of control persons, evidence of liquid assets
   51  of at least $25,000, and the office’s authority to investigate
   52  the applicant’s background. The office may prorate the license
   53  renewal fee for an extension granted under subsection (7).
   54         2. Section 516.05(1) and (2), except that the office shall
   55  investigate the applicant’s background.
   56         3. Section 560.109, only to the extent that the section
   57  requires the office to examine a licensee at least once every 5
   58  years.
   59         4. Section 560.118(2).
   60         5. Section 560.125(1), only to the extent that the
   61  subsection would prohibit a licensee from engaging in the
   62  business of a money transmitter or payment instrument seller
   63  during the sandbox period.
   64         6. Section 560.125(2), only to the extent that the
   65  subsection would prohibit a licensee from appointing an
   66  authorized vendor during the sandbox period. Any authorized
   67  vendor of such a licensee during the sandbox period remains
   68  liable to the holder or remitter.
   69         7. Section 560.128.
   70         8. Section 560.141, except for s. 560.141(1)(a)1., 3., 7.
   71  10. and (b), (c), and (d).
   72         9. Section 560.142(1) and (2), except that the office may
   73  prorate, but may not entirely eliminate, the license renewal
   74  fees in s. 560.143 for an extension granted under subsection
   75  (7).
   76         10. Section 560.143(2), only to the extent necessary for
   77  proration of the renewal fee under subparagraph 9.
   78         11. Section 560.204(1), only to the extent that the
   79  subsection would prohibit a licensee from engaging in, or
   80  advertising that it engages in, the selling or issuing of
   81  payment instruments or in the activity of a payment instrument
   82  seller or money transmitter during the sandbox period.
   83         12. Section 560.205(2).
   84         13. Section 560.208(2).
   85         14. Section 560.209, only to the extent that the office may
   86  modify, but may not entirely eliminate, the net worth, corporate
   87  surety bond, and collateral deposit amounts required under that
   88  section. The modified amounts must be in such lower amounts that
   89  the office determines to be commensurate with the factors under
   90  paragraph (5)(c) and the maximum number of consumers authorized
   91  to receive the financial product or service under this section.
   92         Section 2. Subsections (14), (21), (23), (29), and (35) of
   93  section 560.103, Florida Statutes, are amended, and subsection
   94  (36) is added to that section, to read:
   95         560.103 Definitions.—As used in this chapter, the term:
   96         (14) “Electronic instrument” means a card, tangible object,
   97  or other form of electronic payment used for the transmission,
   98  or payment, of money or the exchange of currency or monetary
   99  value, including a stored value card or device that contains a
  100  microprocessor chip, magnetic stripe, or other means for storing
  101  information; that is prefunded; and for which the value is
  102  decremented upon each use.
  103         (21) “Monetary value” means a medium of exchange, other
  104  than virtual currency, regardless of whether it is or not
  105  redeemable in currency.
  106         (23) “Money transmitter” means a corporation, limited
  107  liability company, limited liability partnership, or foreign
  108  entity qualified to do business in this state which receives
  109  currency, monetary value, a or payment instrument, or virtual
  110  currency instruments for the purpose of acting as an
  111  intermediary to transmit currency, monetary value, a payment
  112  instrument, or virtual currency from one person to another
  113  location or person transmitting the same by any means, including
  114  transmission by wire, facsimile, electronic transfer, courier,
  115  the Internet, or through bill payment services or other
  116  businesses that facilitate such transfer within this country, or
  117  to or from this country. The term includes only an intermediary
  118  that has the ability to unilaterally execute or indefinitely
  119  prevent a transaction.
  120         (29) “Payment instrument” means a check, draft, warrant,
  121  money order, travelers check, electronic instrument, or other
  122  instrument used for the transmission, exchange, or payment of
  123  currency money, or monetary value, regardless of whether it is
  124  or not negotiable. The term does not include an instrument that
  125  is redeemable by the issuer in merchandise or service, a credit
  126  card voucher, or a letter of credit.
  127         (35) “Stored value” means currency funds or monetary value
  128  represented in digital electronic format, regardless of whether
  129  it is or not specially encrypted, and stored or capable of
  130  storage on electronic media in such a way as to be retrievable
  131  and transferred electronically.
  132         (36)“Virtual currency” means a medium of exchange in
  133  electronic or digital format which is not currency. The term
  134  does not include a medium of exchange in electronic or digital
  135  format which is:
  136         (a)Issued by or on behalf of a publisher and used solely
  137  within an online game, game platform, or family of games sold by
  138  the same publisher or offered on the same game platform; or
  139         (b)Used exclusively as part of a consumer affinity or
  140  rewards program and which can be applied solely as payment for
  141  purchases with the issuer or other designated merchants, but
  142  which cannot be converted into or redeemed for currency,
  143  monetary value, or virtual currency.
  144         Section 3. Subsections (2), (3), and (4) and paragraphs
  145  (b), (c), and (d) of subsection (8) of section 560.123, Florida
  146  Statutes, are amended to read:
  147         560.123 Florida Control of Money Laundering in Money
  148  Services Business Act.—
  149         (2) The purpose of this section is to require the
  150  maintenance of certain records of transactions involving
  151  currency, monetary value, or payment instruments, or virtual
  152  currency in order to deter the use of a money services business
  153  to conceal proceeds from criminal activity and to ensure the
  154  availability of such records for criminal, tax, or regulatory
  155  investigations or proceedings.
  156         (3) A money services business shall keep a record, as
  157  prescribed by the commission, of each financial transaction
  158  occurring in this state which it knows to involve currency,
  159  monetary value, a or other payment instrument, or virtual
  160  currency as prescribed by the commission, having a value greater
  161  than $10,000; to involve the proceeds of specified unlawful
  162  activity; or to be designed to evade the reporting requirements
  163  of this section or chapter 896. The money services business must
  164  maintain appropriate procedures to ensure compliance with this
  165  section and chapter 896.
  166         (a) Multiple financial transactions shall be treated as a
  167  single transaction if the money services business has knowledge
  168  that they are made by or on behalf of any one person and result
  169  in value cash in or value cash out totaling a value of more than
  170  $10,000 during any day.
  171         (b) A money services business may keep a record of any
  172  financial transaction occurring in this state, regardless of the
  173  value, if it suspects that the transaction involves the proceeds
  174  of unlawful activity.
  175         (c) The money services business must file a report with the
  176  office of any records required by this subsection, at such time
  177  and containing such information as required by rule. The timely
  178  filing of the report required by 31 U.S.C. s. 5313 with the
  179  appropriate federal agency shall be deemed compliance with the
  180  reporting requirements of this subsection unless the reports are
  181  not regularly and comprehensively transmitted by the federal
  182  agency to the office.
  183         (d) A money services business, or officer, employee, or
  184  agent thereof, that files a report in good faith pursuant to
  185  this section is not liable to any person for loss or damage
  186  caused in whole or in part by the making, filing, or
  187  governmental use of the report, or any information contained
  188  therein.
  189         (4) A money services business must comply with the money
  190  laundering, enforcement, and reporting provisions of s. 655.50
  191  relating to reports of transactions involving currency
  192  transactions and payment instruments, as applicable, and of
  193  chapter 896 concerning offenses relating to financial
  194  transactions.
  195         (8)
  196         (b) A person who willfully violates any provision of this
  197  section, if the violation involves:
  198         1. Currency, monetary value, or payment instruments, or
  199  virtual currency of a value exceeding $300 but less than $20,000
  200  in any 12-month period, commits a felony of the third degree,
  201  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  202         2. Currency, monetary value, or payment instruments, or
  203  virtual currency of a value totaling or exceeding $20,000 but
  204  less than $100,000 in any 12-month period, commits a felony of
  205  the second degree, punishable as provided in s. 775.082, s.
  206  775.083, or s. 775.084.
  207         3. Currency, monetary value, or payment instruments, or
  208  virtual currency of a value totaling or exceeding $100,000 in
  209  any 12-month period, commits a felony of the first degree,
  210  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  211         (c) In addition to the penalties authorized by s. 775.082,
  212  s. 775.083, or s. 775.084, a person who has been convicted of,
  213  or entered a plea of guilty or nolo contendere, regardless of
  214  adjudication, to having violated paragraph (b) may be sentenced
  215  to pay a fine of up to the greater of $250,000 or twice the
  216  value of the currency, monetary value, or payment instruments,
  217  or virtual currency whichever is greater, except that on a
  218  second or subsequent conviction for or plea of guilty or nolo
  219  contendere, regardless of adjudication, to a violation of
  220  paragraph (b), the fine may be up to the greater of $500,000 or
  221  quintuple the value of the currency, monetary value, or payment
  222  instruments, or virtual currency whichever is greater.
  223         (d) A person who violates this section is also liable for a
  224  civil penalty of up to not more than the greater of the value of
  225  the currency, monetary value, or payment instruments, or virtual
  226  currency involved or $25,000.
  227         Section 4. Subsections (5), (6), and (7) of section
  228  560.125, Florida Statutes, are amended to read:
  229         560.125 Unlicensed activity; penalties.—
  230         (5) A person who violates this section, if the violation
  231  involves:
  232         (a) Currency, monetary value, or payment instruments, or
  233  virtual currency of a value exceeding $300 but less than $20,000
  234  in any 12-month period, commits a felony of the third degree,
  235  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  236         (b) Currency, monetary value, or payment instruments, or
  237  virtual currency of a value totaling or exceeding $20,000 but
  238  less than $100,000 in any 12-month period, commits a felony of
  239  the second degree, punishable as provided in s. 775.082, s.
  240  775.083, or s. 775.084.
  241         (c) Currency, monetary value, or payment instruments, or
  242  virtual currency of a value totaling or exceeding $100,000 in
  243  any 12-month period, commits a felony of the first degree,
  244  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  245         (6) In addition to the penalties authorized by s. 775.082,
  246  s. 775.083, or s. 775.084, a person who has been convicted of,
  247  or entered a plea of guilty or nolo contendere to, having
  248  violated this section may be sentenced to pay a fine of up to
  249  the greater of $250,000 or twice the value of the currency,
  250  monetary value, or payment instruments, or virtual currency
  251  whichever is greater, except that on a second or subsequent
  252  violation of this section, the fine may be up to the greater of
  253  $500,000 or quintuple the value of the currency, monetary value,
  254  or payment instruments, or virtual currency whichever is
  255  greater.
  256         (7) A person who violates this section is also liable for a
  257  civil penalty of up to the greater of not more than the value of
  258  the currency, monetary value, or payment instruments, or virtual
  259  currency involved or $25,000, whichever is greater.
  260         Section 5. Subsection (1) of section 560.204, Florida
  261  Statutes, is amended to read:
  262         560.204 License required.—
  263         (1) Unless exempted, a person may not engage in, or in any
  264  manner advertise that they engage in, the selling or issuing of
  265  payment instruments or in the activity of a payment instrument
  266  seller or money transmitter, for compensation, without first
  267  obtaining a license under this part. For purposes of this
  268  subsection section, the term “compensation” includes profit or
  269  loss on the exchange of currency, monetary value, or virtual
  270  currency.
  271         Section 6. Subsections (5) and (6) of section 560.208,
  272  Florida Statutes, are amended to read:
  273         560.208 Conduct of business.—In addition to the
  274  requirements specified in s. 560.1401, a licensee under this
  275  part:
  276         (5) Shall, in the normal course of business, ensure that
  277  currency, monetary value, payment instruments, or virtual
  278  currency money transmitted is available to the designated
  279  recipient within 10 business days after receipt.
  280         (6) Shall, immediately upon receipt of currency, monetary
  281  value, a or payment instrument, or virtual currency, provide a
  282  confirmation or sequence number to the customer verbally, by
  283  paper, or electronically.
  284         Section 7. Paragraph (b) of subsection (2) of section
  285  560.2085, Florida Statutes, is amended to read:
  286         560.2085 Authorized vendors.—A licensee under this part
  287  shall:
  288         (2) Enter into a written contract, signed by the licensee
  289  and the authorized vendor, which:
  290         (b) Includes contract provisions that require the
  291  authorized vendor to:
  292         1. Report to the licensee, immediately upon discovery, the
  293  theft or loss of currency, monetary value, a payment instrument,
  294  or virtual currency received for a transmission or for a payment
  295  instrument sold;
  296         2. Display a notice to the public, in such form as
  297  prescribed by rule, that the vendor is the authorized vendor of
  298  the licensee;
  299         3. Remit all amounts owed to the licensee for all
  300  transmissions accepted and all payment instruments sold in
  301  accordance with the contract between the licensee and the
  302  authorized vendor;
  303         4. Hold in trust all currency, monetary value, or payment
  304  instruments, or virtual currency received for transmissions or
  305  for the purchase of payment instruments from the time of receipt
  306  by the licensee or authorized vendor until the time the
  307  transmission obligation is completed;
  308         5. Not commingle the currency, monetary value, payment
  309  instruments, or virtual currency money received for
  310  transmissions accepted or payment instruments sold on behalf of
  311  the licensee with the assets money or property of the authorized
  312  vendor, except for making change in the ordinary course of the
  313  vendor’s business;, and
  314         6. Ensure that the currency, monetary value, payment
  315  instruments, or virtual currency received for transmissions
  316  accepted or payment instruments sold money is accounted for at
  317  the end of the business day;
  318         7.6. Consent to examination or investigation by the office;
  319         8.7. Adhere to the applicable state and federal laws and
  320  rules pertaining to a money services business; and
  321         9.8. Provide such other information or disclosure as may be
  322  required by rule.
  323         Section 8. Present subsections (2) and (3) of section
  324  560.210, Florida Statutes, are redesignated as subsections (3)
  325  and (4), respectively, and a new subsection (2) is added to that
  326  section, to read:
  327         560.210 Permissible investments.—
  328         (2)Each money transmitter that receives virtual currency,
  329  either directly or through an authorized vendor, for the purpose
  330  of transmitting the virtual currency from one person to another
  331  location or person must at all times, until the transmission
  332  obligation is completed, hold virtual currency of the same type
  333  and amount owed or obligated to the other location or person.
  334  Virtual currency received and held under this subsection is not
  335  included in the amount of outstanding money transmissions for
  336  purposes of calculating the permissible investments required by
  337  subsection (1).
  338         Section 9. Paragraphs (a), (e), and (f) of subsection (1)
  339  of section 560.211, Florida Statutes, are amended, and paragraph
  340  (j) is added to that subsection, to read:
  341         560.211 Required records.—
  342         (1) In addition to the record retention requirements under
  343  s. 560.1105, each licensee under this part must make, keep, and
  344  preserve the following books, accounts, records, and documents
  345  for 5 years:
  346         (a) A daily record of payment instruments sold and of
  347  currency, monetary value, payment instruments, or virtual
  348  currency money transmitted.
  349         (e) Records of outstanding payment instruments and of
  350  currency, monetary value, payment instruments, or virtual
  351  currency money transmitted.
  352         (f) Records of each payment instrument paid and of each
  353  currency, monetary value, payment instruments, or virtual
  354  currency money transmission delivered.
  355         (j)Any additional records, as prescribed by rule, related
  356  to virtual currency.
  357         Section 10. Section 560.212, Florida Statutes, is amended
  358  to read:
  359         560.212 Financial liability.—A licensee under this part is
  360  liable for the payment of all currency, monetary value, payment
  361  instruments, or virtual currency money transmitted and payment
  362  instruments that it sells, in whatever form and whether directly
  363  or through an authorized vendor, as the maker, drawer, or
  364  principal thereof, regardless of whether such item is negotiable
  365  or nonnegotiable.
  366         Section 11. This act shall take effect January 1, 2023.