Florida 2022 2022 Regular Session

Florida House Bill H0389 Comm Sub / Bill

Filed 01/27/2022

                       
 
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A bill to be entitled 1 
An act relating to money services businesses; amending 2 
s. 560.103, F.S.; defining the terms "control person" 3 
and "publicly traded"; revising and deleting 4 
definitions; amending s. 560.118, F.S.; providing that 5 
a rule may require certain reports to the Offic e of 6 
Financial Regulation to contain declarations by 7 
control persons, rather than officers or other 8 
responsible persons; amending s. 560.123, F.S.; 9 
providing that control persons, rather than officers, 10 
are not liable for loss or damages under certain 11 
circumstances; amending s. 560.126, F.S.; requiring 12 
licensees to report changes in control persons, rather 13 
than certain other entities or persons; deleting a 14 
requirement for certain persons to submit a licensure 15 
application under certain circumstances; deleting the 16 
definition of the term "controlling interest"; 17 
providing that the addition of a control person, 18 
rather than certain other entities or persons, is 19 
subject to certain requirements; deleting a 20 
requirement for the Financial Services Commission to 21 
adopt rules; repealing s. 560.127, F.S., relating to 22 
control of a money services business; amending s. 23 
560.141, F.S.; revising requirements for applications 24 
for licensure as a money services business; deleting 25     
 
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the definition of the term "publicly traded"; amending 26 
s. 560.143, F.S.; removing a limit on specified 27 
license application fees under certain circumstances; 28 
reenacting s. 559.952(4)(a), F.S., relating to the 29 
Financial Technology Sandbox, to incorporate the 30 
amendments made to ss. 560.118 and 560.141, F.S., in 31 
references thereto; reenacting s. 560.114(2)(c), F.S., 32 
relating to disciplinary actions and penalties, to 33 
incorporate the amendment made to s. 560.141, F.S., in 34 
a reference thereto; providing an effective date. 35 
 36 
Be It Enacted by the Legislature of the State of Florida: 37 
 38 
 Section 1.  Section 560.103, Florida Statutes, is amended 39 
to read: 40 
 560.103  Definitions. —As used in this chapter, the term: 41 
 (1)  "Affiliated party" means a control director, officer, 42 
responsible person, employee, or foreign affiliat e of a money 43 
services business, or a person who has a controlling interest in 44 
a money services business as provided in s. 560.127 . 45 
 (2)  "Appropriate regulator" means a state, federal, or 46 
foreign agency that has been granted authority to enforce state, 47 
federal, or foreign laws related to a money services business or 48 
deferred presentment provider. 49 
 (3)  "Authorized vendor" means a person designated by a 50     
 
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money services business licensed under part II of this chapter 51 
to act on behalf of the licensee at locatio ns in this state 52 
pursuant to a written contract with the licensee. 53 
 (4)  "Branch office" means the physical location, other 54 
than the principal place of business, of a money services 55 
business operated by a licensee under this chapter. 56 
 (5)  "Cashing" means providing currency for payment 57 
instruments except for travelers checks. 58 
 (6)  "Check casher" means a person who sells currency in 59 
exchange for payment instruments received, except travelers 60 
checks. 61 
 (7)  "Commission" means the Financial Services Commission . 62 
 (8)  "Compliance officer" means the individual in charge of 63 
overseeing, managing, and ensuring that a money services 64 
business is in compliance with all state and federal laws and 65 
rules relating to money services businesses, as applicable, 66 
including all money laundering laws and rules. 67 
 (9)  "Conductor" means a natural person who presents 68 
himself or herself to a licensee for purposes of cashing a 69 
payment instrument. 70 
 (10)  "Control person" means: 71 
 (a)  A person that possesses the power, directly or 72 
indirectly, to direct the management or policies of a money 73 
services business, whether through ownership of securities, by 74 
contract, or through other means, and regardless of whether such 75     
 
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person has an official title or receives a salary or other 76 
compensation. The following persons are each presumed to be a 77 
control person: 78 
 1.  The president, chief executive officer, chief financial 79 
officer, chief operations officer, chief legal officer, and 80 
compliance officer. 81 
 2.  A person holding any of the officer positions named in 82 
the money services business's governing documents. 83 
 3.  A person holding any position named by the money 84 
services business's liability insurance coverage for directors 85 
and officers, if the b usiness has such coverage. 86 
 4.  A director of the money services business's board of 87 
directors. 88 
 (b)  For a corporation that is not publicly traded, all 89 
shareholders that, directly or indirectly, own 25 percent or 90 
more or that have the power to vote 25 per cent or more of a 91 
class of voting securities. 92 
 (c)  For a partnership, all general partners, and those 93 
limited or special partners that have contributed 25 percent or 94 
more or that have the right to receive upon dissolution 25 95 
percent or more of the partne rship's capital. 96 
 (d)  For a trust, all trustees. 97 
 (e)  For a limited liability company, all managers, and 98 
those members that have contributed 25 percent or more or that 99 
have the right to receive upon dissolution 25 percent or more of 100     
 
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the limited liability company's capital. 101 
 (11)(10) "Corporate payment instrument" means a payment 102 
instrument on which the payee named on the instrument's face is 103 
other than a natural person. 104 
 (12)(11) "Currency" means the coin and paper money of the 105 
United States or of any o ther country which is designated as 106 
legal tender and which circulates and is customarily used and 107 
accepted as a medium of exchange in the country of issuance. 108 
Currency includes United States silver certificates, United 109 
States notes, and Federal Reserve not es. Currency also includes 110 
official foreign bank notes that are customarily used and 111 
accepted as a medium of exchange in a foreign country. 112 
 (13)(12) "Deferred presentment provider" means a person 113 
who is licensed under part II or part III of this chapter and 114 
has filed a declaration of intent with the office to engage in 115 
deferred presentment transactions as provided under part IV of 116 
this chapter. 117 
 (14)(13) "Department" means the Department of Financial 118 
Services. 119 
 (15)(14) "Electronic instrument" means a c ard, tangible 120 
object, or other form of electronic payment for the transmission 121 
or payment of money or the exchange of monetary value, including 122 
a stored value card or device that contains a microprocessor 123 
chip, magnetic stripe, or other means for storing i nformation; 124 
that is prefunded; and for which the value is decremented upon 125     
 
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each use. 126 
 (16)(15) "Financial audit report" means a report prepared 127 
in connection with a financial audit that is conducted in 128 
accordance with generally accepted auditing standards prescribed 129 
by the American Institute of Certified Public Accountants by a 130 
certified public accountant licensed to do business in the 131 
United States, and which must include: 132 
 (a)  Financial statements, including notes related to the 133 
financial statements and required supplementary information, 134 
prepared in conformity with accounting principles generally 135 
accepted in the United States. The notes must, at a minimum, 136 
include detailed disclosures regarding receivables that are 137 
greater than 90 days, if the total amo unt of such receivables 138 
represents more than 2 percent of the licensee's total assets. 139 
 (b)  An expression of opinion regarding whether the 140 
financial statements are presented in conformity with accounting 141 
principles generally accepted in the United States, or an 142 
assertion to the effect that such an opinion cannot be expressed 143 
and the reasons. 144 
 (17)(16) "Foreign affiliate" means a person located 145 
outside this state who has been designated by a licensee to make 146 
payments on behalf of the licensee to persons wh o reside outside 147 
this state. The term also includes a person located outside of 148 
this state for whom the licensee has been designated to make 149 
payments in this state. 150     
 
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 (18)(17) "Foreign currency exchanger" means a person who 151 
exchanges, for compensation, cur rency of the United States or a 152 
foreign government to currency of another government. 153 
 (19)(18) "Fraudulent identification paraphernalia" means 154 
all equipment, products, or materials of any kind that are used, 155 
intended for use, or designed for use in the m isrepresentation 156 
of a customer's identity. The term includes, but is not limited 157 
to: 158 
 (a)  A signature stamp, thumbprint stamp, or other tool or 159 
device used to forge a customer's personal identification 160 
information. 161 
 (b)  An original of any type of persona l identification 162 
listed in s. 560.310(2)(b) which is blank, stolen, or unlawfully 163 
issued. 164 
 (c)  A blank, forged, fictitious, or counterfeit instrument 165 
in the similitude of any type of personal identification listed 166 
in s. 560.310(2)(b) which would in contex t lead a reasonably 167 
prudent person to believe that such instrument is an authentic 168 
original of such personal identification. 169 
 (d)  Counterfeit, fictitious, or fabricated information in 170 
the similitude of a customer's personal identification 171 
information that, although not authentic, would in context lead 172 
a reasonably prudent person to credit its authenticity. 173 
 (20)(19) "Licensee" means a person licensed under this 174 
chapter. 175     
 
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 (21)(20) "Location" means a branch office, mobile 176 
location, or location of an author ized vendor whose business 177 
activity is regulated under this chapter. 178 
 (22)(21) "Monetary value" means a medium of exchange, 179 
whether or not redeemable in currency. 180 
 (23)(22) "Money services business" means any person 181 
located in or doing business in this s tate, from this state, or 182 
into this state from locations outside this state or country who 183 
acts as a payment instrument seller, foreign currency exchanger, 184 
check casher, or money transmitter. 185 
 (24)(23) "Money transmitter" means a corporation, limited 186 
liability company, limited liability partnership, or foreign 187 
entity qualified to do business in this state which receives 188 
currency, monetary value, or payment instruments for the purpose 189 
of transmitting the same by any means, including transmission by 190 
wire, facsimile, electronic transfer, courier, the Internet, or 191 
through bill payment services or other businesses that 192 
facilitate such transfer within this country, or to or from this 193 
country. 194 
 (25)(24) "Net worth" means assets minus liabilities, 195 
determined in accordance with United States generally accepted 196 
accounting principles. 197 
 (26)(25) "Office" means the Office of Financial Regulation 198 
of the commission. 199 
 (26)  "Officer" means an individual, other than a director, 200     
 
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who participates in, or has authority to participate in, the 201 
major policymaking functions of a money services business, 202 
regardless of whether the individual has an official title or 203 
receives a salary or other compensation. 204 
 (27)  "Outstanding money transmission" means a money 205 
transmission to a designated recipient or a refund to a sender 206 
that has not been completed. 207 
 (28)  "Outstanding payment instrument" means an unpaid 208 
payment instrument whose sale has been reported to a licensee. 209 
 (29)  "Payment instrument" means a check, draft, warrant, 210 
money order, travelers check, electronic instrument, or other 211 
instrument, payment of money, or monetary value whether or not 212 
negotiable. The term does not include an instrument that is 213 
redeemable by the issuer in merchandise or service, a credit 214 
card voucher, or a letter of credit. 215 
 (30)  "Payment instrument seller" means a corporation, 216 
limited liability company, limited liability partnership, or 217 
foreign entity qualified to do business in this state which 218 
sells a payment instrument. 219 
 (31)  "Person" means an individual, partnership, 220 
association, trust, corporation, limited liability company, or 221 
other group, however organized, but does not include a public 222 
agency or instrumentality thereof. 223 
 (32)  "Personal identification information" means a 224 
customer's name that, alone or together with any of the 225     
 
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following information, may be used to identify that specific 226 
customer: 227 
 (a)  Customer's signature. 228 
 (b)  Photograph, digital image, or other likeness of the 229 
customer. 230 
 (c)  Unique biometric data, such as the customer's 231 
thumbprint or fingerprint, voice print, retina or iris image, or 232 
other unique physical representation of the customer. 233 
 (33)  "Responsible person" means an individual who is 234 
employed by or affiliated wi th a money services business and who 235 
has principal active management authority over the business 236 
decisions, actions, and activities of the money services 237 
business in this state. 238 
 (33)  "Publicly traded" means a stock is currently traded 239 
on a national securities exchange registered with the Securities 240 
and Exchange Commission, or traded on an exchange in a country 241 
other than the United States regulated by a regulator equivalent 242 
to the Securities and Exchange Commission and the disclosure and 243 
reporting requirements of such regulator are substantially 244 
similar to those of the Securities and Exchange Commission. 245 
 (34)  "Sells" means to sell, issue, provide, or deliver. 246 
 (35)  "Stored value" means funds or monetary value 247 
represented in digital electronic forma t, whether or not 248 
specially encrypted, and stored or capable of storage on 249 
electronic media in such a way as to be retrievable and 250     
 
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transferred electronically. 251 
 Section 2.  Subsection (2) of section 560.118, Florida 252 
Statutes, is amended to read: 253 
 560.118  Reports.— 254 
 (2)  Each licensee must submit quarterly reports to the 255 
office in a format and include information as specified by rule. 256 
The rule may require the report to contain a declaration by a 257 
control an officer, or any other responsible person authorized 258 
to make such declaration, that the report is true and correct to 259 
the best of her or his knowledge and belief. 260 
 Section 3.  Paragraph (d) of subsection (3) of section 261 
560.123, Florida Statutes, is amended to read: 262 
 560.123  Florida Control of Money Laun dering in Money 263 
Services Business Act. — 264 
 (3)  A money services business shall keep a record of each 265 
financial transaction occurring in this state which it knows to 266 
involve currency or other payment instrument, as prescribed by 267 
the commission, having a valu e greater than $10,000; to involve 268 
the proceeds of specified unlawful activity; or to be designed 269 
to evade the reporting requirements of this section or chapter 270 
896. The money services business must maintain appropriate 271 
procedures to ensure compliance with this section and chapter 272 
896. 273 
 (d)  A money services business, or control person officer, 274 
employee, or agent thereof, that files a report in good faith 275     
 
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pursuant to this section is not liable to any person for loss or 276 
damage caused in whole or in part by t he making, filing, or 277 
governmental use of the report, or any information contained 278 
therein. 279 
 Section 4.  Subsection (3) of section 560.126, Florida 280 
Statutes, is amended to read: 281 
 560.126  Required notice by licensee. — 282 
 (3)  Each licensee must report any change in the control 283 
partners, officers, members, joint venturers, directors, 284 
controlling shareholders, or responsible persons of the licensee 285 
or changes in the form of business organization by written 286 
amendment in such form and at such time as specified by rule. 287 
 (a)  If any person, directly or indirectly or acting by or 288 
through one or more persons, proposes to purchase or acquire a 289 
controlling interest in a licensee, such person or group must 290 
submit an application for licensure as a money services busine ss 291 
or deferred presentment provider before such purchase or 292 
acquisition at such time and in such form as prescribed by rule. 293 
As used in this subsection, the term "controlling interest" 294 
means the same as described in s. 560.127. 295 
 (b) The addition of a control person partner, officer, 296 
member, joint venturer, director, controlling shareholder, or 297 
responsible person of the applicant who does not have a 298 
controlling interest and who has not previously complied with 299 
the applicable provisions of ss. 560.1401 and 5 60.141 is subject 300     
 
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to such provisions. If the office determines that the licensee 301 
does not continue to meet the licensure requirements, the office 302 
may bring an administrative action in accordance with s. 560.114 303 
to enforce the provisions of this chapter. 304 
 (c)  The commission shall adopt rules providing for the 305 
waiver of the license application required by this subsection if 306 
the person or group of persons proposing to purchase or acquire 307 
a controlling interest in a licensee has previously complied 308 
with the applicable provisions of ss. 560.1401 and 560.141 under 309 
the same legal entity or is currently licensed under this 310 
chapter. 311 
 Section 5.  Section 560.127, Florida Statutes, is repealed. 312 
 Section 6.  Paragraphs (a) and (c) of subsection (1) of 313 
section 560.141, Florida Statutes, are amended to read: 314 
 560.141  License application. — 315 
 (1)  To apply for a license as a money services business 316 
under this chapter, the applicant must submit: 317 
 (a)  An application to the office on forms prescribed by 318 
rule which includes the following information: 319 
 1.  The legal name and address of the applicant, including 320 
any fictitious or trade names used by the applicant in the 321 
conduct of its business. 322 
 2.  The date of the applicant's formation and the state in 323 
which the applicant was formed, if applicable. 324 
 3.  The name, social security number, alien identification 325     
 
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or taxpayer identification number, business and residence 326 
addresses, and employment history for the past 5 years for each 327 
control person officer, director, responsible person, the 328 
compliance officer, each controlling shareholder, and any other 329 
person who has a controlling interest in the money services 330 
business as provided in s. 560.127 . 331 
 4.  A description of the organizational structure of the 332 
applicant, including the identity of any parent or subsidiary of 333 
the applicant, and the disclosure of whether any parent or 334 
subsidiary is publicly traded. 335 
 5.  The applicant's history of operations in other states 336 
if applicable and a description of the money services business 337 
or deferred presentment provider activities proposed to be 338 
conducted by the applicant in this state. 339 
 6.  If the applicant or its parent is a publicly traded 340 
company, copies of all filings made by the applicant with the 341 
United States Securities and Exchange Co mmission, or with a 342 
similar regulator in a country other than the United States, 343 
within the preceding year. 344 
 7.  The location at which the applicant proposes to 345 
establish its principal place of business and any other 346 
location, including branch offices and authorized vendors 347 
operating in this state. For each branch office and each 348 
location of an authorized vendor, the applicant shall include 349 
the nonrefundable fee required by s. 560.143. 350     
 
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 8.  The name and address of the clearing financial 351 
institution or finan cial institutions through which the 352 
applicant's payment instruments are drawn or through which the 353 
payment instruments are payable. 354 
 9.  The history of the applicant's material litigation, 355 
criminal convictions, pleas of nolo contendere, and cases of 356 
adjudication withheld. 357 
 10.  The history of material litigation, arrests, criminal 358 
convictions, pleas of nolo contendere, and cases of adjudication 359 
withheld for each control executive officer, director, 360 
controlling shareholder, and responsible person. 361 
 11.  The name of the registered agent in this state for 362 
service of process unless the applicant is a sole proprietor. 363 
 12.  Any other information specified in this chapter or by 364 
rule. 365 
 (c)  Fingerprints for each person listed in subparagraph 366 
(a)3. for live-scan processing in accordance with rules adopted 367 
by the commission. 368 
 1.  The fingerprints may be submitted through a third -party 369 
vendor authorized by the Department of Law Enforcement to 370 
provide live-scan fingerprinting. 371 
 2.  The Department of Law Enforcement must conduct the 372 
state criminal history background check, and a federal criminal 373 
history background check must be conducted through the Federal 374 
Bureau of Investigation. 375     
 
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 3.  All fingerprints submitted to the Department of Law 376 
Enforcement must be submitted elec tronically and entered into 377 
the statewide automated fingerprint identification system 378 
established in s. 943.05(2)(b) and available for use in 379 
accordance with s. 943.05(2)(g) and (h). The office shall pay an 380 
annual fee to the Department of Law Enforcement t o participate 381 
in the system and shall inform the Department of Law Enforcement 382 
of any person whose fingerprints no longer must be retained. 383 
 4.  The costs of fingerprint processing, including the cost 384 
of retaining the fingerprints, shall be borne by the pe rson 385 
subject to the background check. 386 
 5.  The office shall review the results of the state and 387 
federal criminal history background checks and determine whether 388 
the applicant meets licensure requirements. 389 
 6.  For purposes of this paragraph, fingerprints a re not 390 
required to be submitted if the applicant is a publicly traded 391 
corporation or is exempted from this chapter under s. 392 
560.104(1). The term "publicly traded" means a stock is 393 
currently traded on a national securities exchange registered 394 
with the federal Securities and Exchange Commission or traded on 395 
an exchange in a country other than the United States regulated 396 
by a regulator equivalent to the Securities and Exchange 397 
Commission and the disclosure and reporting requirements of such 398 
regulator are substantially similar to those of the commission. 399 
 7.  Licensees initially approved before October 1, 2013, 400     
 
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who are seeking renewal must submit fingerprints for each person 401 
listed in subparagraph (a)3. for live -scan processing pursuant 402 
to this paragraph. Such f ingerprints must be submitted before 403 
renewing a license that is scheduled to expire between April 30, 404 
2014, and December 31, 2015. 405 
 Section 7.  Subsection (1) of section 560.143, Florida 406 
Statutes, is amended to read: 407 
 560.143  Fees.— 408 
 (1)  LICENSE APPLICATION FEES.—The applicable non-409 
refundable fees must accompany an application for licensure: 410 
 (a)  Part II ................................ .... $375. 411 
 (b)  Part III ................................ ... $188. 412 
 (c)  Per branch office ........................... $38. 413 
 (d)  For each location of an authorized 414 
vendor ................................ ............... $38. 415 
 (e)  Declaration as a deferred presentment 416 
provider ................................ .......... $1,000. 417 
 (f)  Fingerprint retention fees as prescribed by rule. 418 
 (g)  License application fees for branch offices and 419 
authorized vendors are limited to $20,000 when such fees are 420 
assessed as a result of a change in controlling interest as 421 
defined in s. 560.127. 422 
 Section 8.  For the purpose of incorporating the amendments 423 
made by this act to sections 560.118 and 560.141, Florida 424 
Statutes, in references thereto, paragraph (a) of subsection (4) 425     
 
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of section 559.952, Florida Statutes, is re enacted to read: 426 
 559.952  Financial Technology Sandbox. — 427 
 (4)  EXCEPTIONS TO GENERAL LAW AND WAIVERS OF RULE 428 
REQUIREMENTS.— 429 
 (a)  Notwithstanding any other law, upon approval of a 430 
Financial Technology Sandbox application, the following 431 
provisions and corresponding rule requirements are not 432 
applicable to the licensee during the sandbox period: 433 
 1.  Section 516.03(1), except for the application fee, the 434 
investigation fee, the requirement to provide the social 435 
security numbers of control persons, evidence of liquid assets 436 
of at least $25,000, and the office's authority to investigate 437 
the applicant's background. The office may prorate the license 438 
renewal fee for an extension granted under subsection (7). 439 
 2.  Section 516.05(1) and (2), except that the office sh all 440 
investigate the applicant's background. 441 
 3.  Section 560.109, only to the extent that the section 442 
requires the office to examine a licensee at least once every 5 443 
years. 444 
 4.  Section 560.118(2). 445 
 5.  Section 560.125(1), only to the extent that the 446 
subsection would prohibit a licensee from engaging in the 447 
business of a money transmitter or payment instrument seller 448 
during the sandbox period. 449 
 6.  Section 560.125(2), only to the extent that the 450     
 
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subsection would prohibit a licensee from appointing an 451 
authorized vendor during the sandbox period. Any authorized 452 
vendor of such a licensee during the sandbox period remains 453 
liable to the holder or remitter. 454 
 7.  Section 560.128. 455 
 8.  Section 560.141, except for s. 560.141(1)(a)1., 3., 7. -456 
10. and (b), (c), and (d). 457 
 9.  Section 560.142(1) and (2), except that the office may 458 
prorate, but may not entirely eliminate, the license renewal 459 
fees in s. 560.143 for an extension granted under subsection 460 
(7). 461 
 10.  Section 560.143(2), only to the extent necessary for 462 
proration of the renewal fee under subparagraph 9. 463 
 11.  Section 560.204(1), only to the extent that the 464 
subsection would prohibit a licensee from engaging in, or 465 
advertising that it engages in, the selling or issuing of 466 
payment instruments or in the activity of a money transmitter 467 
during the sandbox period. 468 
 12.  Section 560.205(2). 469 
 13.  Section 560.208(2). 470 
 14.  Section 560.209, only to the extent that the office 471 
may modify, but may not entirely eliminate, the net worth, 472 
corporate surety bond, and collateral depo sit amounts required 473 
under that section. The modified amounts must be in such lower 474 
amounts that the office determines to be commensurate with the 475     
 
CS/HB 389  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0389-01-c1 
Page 20 of 20 
F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
factors under paragraph (5)(c) and the maximum number of 476 
consumers authorized to receive the financial produc t or service 477 
under this section. 478 
 Section 9.  For the purpose of incorporating the amendment 479 
made by this act to section 560.141, Florida Statutes, in a 480 
reference thereto, paragraph (c) of subsection (2) of section 481 
560.114, Florida Statutes, is reenacted , to read: 482 
 560.114  Disciplinary actions; penalties. — 483 
 (2)  Pursuant to s. 120.60(6), the office may summarily 484 
suspend the license of a money services business if the office 485 
finds that a licensee poses an immediate, serious danger to the 486 
public health, safety, and welfare. A proceeding in which the 487 
office seeks the issuance of a final order for the summary 488 
suspension of a licensee shall be conducted by the commissioner 489 
of the office, or his or her designee, who shall issue such 490 
order. The following acts ar e deemed to constitute an immediate 491 
and serious danger to the public health, safety, and welfare, 492 
and the office may immediately suspend the license of a money 493 
services business if: 494 
 (c)  A natural person required to be listed on the license 495 
application for a money services business pursuant to s. 496 
560.141(1)(a)3. is criminally charged with, or arrested for, a 497 
crime described in paragraph (1)(o), paragraph (1)(p), or 498 
paragraph(1)(q). 499 
 Section 10.  This act shall take effect October 1, 2022. 500