Florida 2025 Regular Session

Florida House Bill H1279 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1279 2025
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8	8	hb1279-00
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to services to noncitizens; amending 2
16	16	s. 125.0167, F.S.; authorizing a county to require 3
17	17	proof that certain borrowers are lawfully present in 4
18	18	the United States; creating s. 420.0007, F.S.; 5
19	19	defining the terms "down payment assistance" and 6
20	20	"silent second mortgage"; prohibiting state and local 7
21	21	governmental entities and private corporations from 8
22	22	providing down payment assistance to a person who is 9
23	23	not lawfully in the United States; requiring immediate 10
24	24	repayment of downpayment assistance and the i nitiation 11
25	25	of foreclosure proceedings in certain circumstances; 12
26	26	prohibiting certain persons from receiving down 13
27	27	payment assistance in the future; amending ss. 14
28	28	420.5088 and 420.5096, F.S.; restricting eligibility 15
29	29	for the Florida Homeownership Assistance Prog ram and 16
30	30	the Florida Hometown Hero Program, respectively, to 17
31	31	persons who are lawfully present in the United States; 18
32	32	amending s. 448.09, F.S.; revising penalties, 19
33	33	including suspension of certain licenses and the 20
34	34	imposition of fines, for violating provisions related 21
35	35	to employing unauthorized aliens; requiring that such 22
36	36	fines be deposited into a specified trust fund; 23
37	37	conforming provisions to changes made by the act; 24
38	38	providing increased penalties, including suspension 25
39	39
40	40	HB 1279 2025
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45	45	hb1279-00
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47	47	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
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49	49
50	50
51	51	and revocation of certain licenses and the i mposition 26
52	52	of fines, for violating provisions related to 27
53	53	employing unauthorized aliens where specified injury 28
54	54	or death occurs; requiring that such fines be 29
55	55	deposited into a specified trust fund; providing that 30
56	56	persons injured or the next of kin of persons k illed 31
57	57	have a cause of action against employers found to be 32
58	58	in violation of a specified provision; amending s. 33
59	59	448.095, F.S.; requiring that all private employers, 34
60	60	rather than only those employing a specified number or 35
61	61	more of employees, use the E -Verify system to verify a 36
62	62	new employee's employment eligibility; amending s. 37
63	63	560.208, F.S.; prohibiting money services business' 38
64	64	licensees from initiating foreign remittance transfers 39
65	65	unless they have verified that the sender is not an 40
66	66	unauthorized alien; defining the term "foreign 41
67	67	remittance transfer"; requiring the Financial Services 42
68	68	Commission to adopt rules; requiring licensees to 43
69	69	submit certain forms to the Office of Financial 44
70	70	Regulation within a specified timeframe; requiring 45
71	71	licensees to pay specified penalti es for any foreign 46
72	72	remittance transferred in violation of specified 47
73	73	provisions; requiring quarterly penalty remittances; 48
74	74	requiring licensees to submit certain forms and 49
75	75	penalties to the office within a specified timeframe; 50
76	76
77	77	HB 1279 2025
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84	84	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
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86	86
87	87
88	88	requiring the office to deposit s uch penalties into a 51
89	89	certain fund; amending s. 560.211, F.S.; requiring 52
90	90	that licensees make, keep, and preserve for 5 years 53
91	91	records of certain documentation and penalties paid; 54
92	92	creating s. 560.2115, F.S.; authorizing the office to 55
93	93	request, and requiring li censees to provide, records 56
94	94	of certain documentation; authorizing the filing of 57
95	95	complaints; providing criminal penalties for knowingly 58
96	96	filing false or frivolous complaints; imposing 59
97	97	requirements on the office upon receipt of a valid 60
98	98	complaint substantiated by evidence of a violation; 61
99	99	requiring the office to conduct random quarterly 62
100	100	audits of licensees to ensure compliance with 63
101	101	specified provisions; specifying that failure to 64
102	102	comply with certain provisions constitutes grounds for 65
103	103	the suspension of all licens es issued by the office; 66
104	104	prohibiting the office from auditing a licensee more 67
105	105	than a specified number of times within a specified 68
106	106	timeframe; providing an exception; authorizing the 69
107	107	office to adopt emergency rules; providing for 70
108	108	severability; providing an e ffective date. 71
109	109	72
110	110	Be It Enacted by the Legislature of the State of Florida: 73
111	111	74
112	112	Section 1. Paragraph (c) of subsection (5) of section 75
113	113
114	114	HB 1279 2025
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121	121	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
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123	123
124	124
125	125	125.0167, Florida Statutes, is amended to read: 76
126	126	125.0167 Discretionary surtax on documents; adoption; 77
127	127	application of revenue.— 78
128	128	(5) 79
129	129	(c) A county may not impose any requirement as a condition 80
130	130	to receiving any financial assistance on a borrower other than 81
131	131	requiring proof that the borrower is lawfully present in the 82
132	132	United States and that the borrower's income does not exceed 140 83
133	133	percent of the area median income. In addition to the income 84
134	134	eligibility requirement, borrowers may only be subject to loan 85
135	135	qualifications of lenders licensed to provide mortgage financing 86
136	136	as to the amount of the loan. A county may not create 87
137	137	requirements that restrict participation by eligible borrowers. 88
138	138	Section 2. Section 420.0007, Florida Statutes, is created 89
139	139	to read: 90
140	140	420.0007 Down payment assistance for noncitizens 91
141	141	prohibited.— 92
142	142	(1) For purposes of this section, the term: 93
143	143	(a) "Down payment assistance" includes, but is not limited 94
144	144	to, grants to assist in the purchase of residential property 95
145	145	which take the form of loans or silent second mortgages. 96
146	146	(b) "Silent second mortgage" means a second mortgage used 97
147	147	to secure down payment funds f or a residential property which is 98
148	148	not disclosed to the original mortgage lender before closing 99
149	149	occurs. 100
150	150
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158	158	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
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162	162	(2) State and local governmental entities and private 101
163	163	corporations, including, but not limited to, nonprofit 102
164	164	organizations incorporated under chapter 617, may not provide 103
165	165	any form of down payment assistance to a person who is not 104
166	166	lawfully present in the United States. 105
167	167	(3) If a person who is not lawfully present in the United 106
168	168	States is discovered to have received down payment assistance 107
169	169	from a state or local governmental entity or a private 108
170	170	corporation, the person must immediately repay the down payment 109
171	171	assistance. The governmental entity or private corporation shall 110
172	172	initiate foreclosure proceedings as appropriate against such 111
173	173	person if he or she does n ot make such repayment. 112
174	174	(4) A person who is discovered to have received down 113
175	175	payment assistance in violation of this section is prohibited 114
176	176	from receiving down payment assistance in the future, regardless 115
177	177	of whether his or her presence in the United State s becomes 116
178	178	lawful. 117
179	179	Section 3. Section 420.5088, Florida Statutes, is amended 118
180	180	to read: 119
181	181	420.5088 Florida Homeownership Assistance Program. —There 120
182	182	is created The Florida Homeownership Assistance Program is 121
183	183	created for the purpose of assisting low -income and moderate-122
184	184	income persons who are lawfully present in the United States in 123
185	185	purchasing a home as their primary residence by reducing the 124
186	186	cost of the home with below -market construction financing, by 125
187	187
188	188	HB 1279 2025
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195	195	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
196	196
197	197
198	198
199	199	reducing the amount of down payment and closing costs paid by 126
200	200	the borrower to a maximum of 5 percent of the purchase price, or 127
201	201	by reducing the monthly payment to an affordable amount for the 128
202	202	borrower purchaser. Loans must shall be made available at an 129
203	203	interest rate that d oes not exceed 3 percent. The balance of any 130
204	204	loan is due at closing if the property is sold, refinanced, 131
205	205	rented, or transferred, unless otherwise approved by the 132
206	206	corporation. 133
207	207	(1) For loans made available pursuant to s. 134
208	208	420.507(23)(a)1. or 2.: 135
209	209	(a) The corporation may underwrite and make those mortgage 136
210	210	loans through the program to such persons or families who have 137
211	211	incomes that do not exceed 120 percent of the state or local 138
212	212	median income, whichever is greater, adjusted for family size. 139
213	213	(b) Loans must shall be made available for the term of the 140
214	214	first mortgage. 141
215	215	(c) Loans may not exceed the lesser of 35 percent of the 142
216	216	purchase price of the home or the amount necessary to enable the 143
217	217	borrower purchaser to meet credit underwriting criteria. 144
218	218	(2) For loans made pursuant to s. 420.507(23)(a)3.: 145
219	219	(a) Availability is limited to nonprofit sponsors or 146
220	220	developers who are selected for program participation pursuant 147
221	221	to this subsection. 148
222	222	(b) Preference must be given to community -based 149
223	223	organizations as defined in s. 420.503. 150
224	224
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232	232	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
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236	236	(c) Priority must be given to projects that have received 151
237	237	state assistance in funding project predevelopment costs. 152
238	238	(d) The benefits of making such loans must shall be 153
239	239	contractually provided to the persons or families purchasing 154
240	240	homes financed under this subsection. 155
241	241	(e) At least 30 percent of the units in a project financed 156
242	242	pursuant to this subsection must be sold to persons or families 157
243	243	who have incomes that do not exceed 80 percent of the state or 158
244	244	local median income, whichever amount is gre ater, adjusted for 159
245	245	family size; and at least another 30 percent of the units in a 160
246	246	project financed pursuant to this subsection must be sold to 161
247	247	persons or families who have incomes that do not exceed 65 162
248	248	percent of the state or local median income, whichever amount is 163
249	249	greater, adjusted for family size. 164
250	250	(f) The maximum loan amount may not exceed 33 percent of 165
251	251	the total project cost. 166
252	252	(g) A person who purchases a home in a project financed 167
253	253	under this subsection is eligible for a loan authorized by s. 168
254	254	420.507(23)(a)1. or 2. in an aggregate amount not exceeding the 169
255	255	construction loan made pursuant to this subsection. The home 170
256	256	purchaser must meet all the requirements for loan recipients 171
257	257	established pursuant to the applicable loan program. 172
258	258	(h) The corporation sh all provide, by rule, for the 173
259	259	establishment of a review committee composed of corporation 174
260	260	staff and shall establish, by rule, a scoring system for 175
261	261
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269	269	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
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271	271
272	272
273	273	evaluating and ranking applications submitted for construction 176
274	274	loans under this subsection, including, but no t limited to, the 177
275	275	following criteria: 178
276	276	1. The affordability of the housing proposed to be built. 179
277	277	2. The direct benefits of the assistance to the persons 180
278	278	who will reside in the proposed housing. 181
279	279	3. The demonstrated capacity of the applicant to carry ou t 182
280	280	the proposal, including the experience of the development team. 183
281	281	4. The economic feasibility of the proposal. 184
282	282	5. The extent to which the applicant demonstrates 185
283	283	potential cost savings by combining the benefits of different 186
284	284	governmental programs and pri vate initiatives, including the 187
285	285	local government contributions and local government 188
286	286	comprehensive planning and activities that promote affordable 189
287	287	housing. 190
288	288	6. The use of the least amount of program loan funds 191
289	289	compared to overall project cost. 192
290	290	7. The provision of homeownership counseling. 193
291	291	8. The applicant's agreement to exceed the requirements of 194
292	292	paragraph (e). 195
293	293	9. The commitment of first mortgage financing for the 196
294	294	balance of the construction loan and for the permanent loans to 197
295	295	the purchasers of the ho using. 198
296	296	10. The applicant's ability to proceed with construction. 199
297	297	11. The targeting objectives of the corporation which will 200
298	298
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306	306	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
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308	308
309	309
310	310	ensure an equitable distribution of loans between rural and 201
311	311	urban areas. 202
312	312	12. The extent to which the proposal will further the 203
313	313	purposes of this program. 204
314	314	(i) The corporation may reject any and all applications. 205
315	315	(j) The review committee established by corporation rule 206
316	316	pursuant to this subsection shall make recommendations to the 207
317	317	corporation board regarding program participation under this 208
318	318	subsection. The corporation board shall make the final ranking 209
319	319	for participation based on the scores received in the ranking, 210
320	320	further review of the applications, and the recommendations of 211
321	321	the review committee. The corporation board shall appro ve or 212
322	322	reject applicants for loans and shall determine the tentative 213
323	323	loan amount available to each program participant. The final 214
324	324	loan amount shall be determined pursuant to rule adopted under 215
325	325	s. 420.507(23)(h). 216
326	326	(3) The corporation shall publish a notice of fund 217
327	327	availability in a publication of general circulation throughout 218
328	328	this the state at least 60 days before prior to the anticipated 219
329	329	availability of funds. 220
330	330	(4) There is authorized to be established by the 221
331	331	corporation with a qualified public depository meeting the 222
332	332	requirements of chapter 280 the Florida Homeownership Assistance 223
333	333	Fund to be administered by the corporation according to the 224
334	334	provisions of this pro gram. Any amounts held in the Florida 225
335	335
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343	343	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
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347	347	Homeownership Assistance Trust Fund for such purposes as of 226
348	348	January 1, 1998, must be transferred to the corporation for 227
349	349	deposit in the Florida Homeownership Assistance Fund, whereupon 228
350	350	the Florida Homeownership Assistan ce Trust Fund must be closed. 229
351	351	There shall be deposited in the fund moneys from the State 230
352	352	Housing Trust Fund created by s. 420.0005, or moneys received 231
353	353	from any other source, for the purpose of this program and all 232
354	354	proceeds derived from the use of such mone ys. In addition, all 233
355	355	unencumbered funds, loan repayments, proceeds from the sale of 234
356	356	any property, and any other proceeds that would otherwise accrue 235
357	357	pursuant to the activities of the programs described in this 236
358	358	section shall be transferred to this fund. In addition, all loan 237
359	359	repayments, proceeds from the sale of any property, and any 238
360	360	other proceeds that would otherwise accrue pursuant to the 239
361	361	activities conducted under the provisions of the Florida 240
362	362	Homeownership Assistance Program shall be deposited in the fu nd 241
363	363	and may shall not be reverted revert to the General Revenue 242
364	364	Fund. Expenditures from the Florida Homeownership Assistance 243
365	365	Fund are shall not be required to be included in the 244
366	366	corporation's budget request or made be subject to appropriation 245
367	367	by the Legislature. 246
368	368	(5) No more than one -fifth of the funds available in the 247
369	369	Florida Homeownership Assistance Fund may be made available to 248
370	370	provide loan loss insurance reserve funds to facilitate 249
371	371	homeownership for eligible perso ns. 250
372	372
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380	380	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
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384	384	Section 4. Subsections (2) and (3) of section 420.5096, 251
385	385	Florida Statutes, are amended to read: 252
386	386	420.5096 Florida Hometown Hero Program. — 253
387	387	(2) The Florida Hometown Hero Program is created to assist 254
388	388	Florida's hometown workforce in attaining homeown ership by 255
389	389	providing financial assistance to residents to purchase a home 256
390	390	as their primary residence. Under the program, a borrower who is 257
391	391	lawfully present in the United States may apply to the 258
392	392	corporation for a loan to reduce the amount of the down payment 259
393	393	and closing costs paid by the borrower by a minimum of $10,000 260
394	394	and up to 5 percent of the first mortgage loan, not exceeding 261
395	395	$35,000. Loans must be made available at a zero percent interest 262
396	396	rate and must be made available for the term of the first 263
397	397	mortgage. The balance of any loan is due at closing if the 264
398	398	property is sold, refinanced, rented, or transferred, unless 265
399	399	otherwise approved by the corporation. 266
400	400	(3) For loans made available pursuant to s. 267
401	401	420.507(23)(a)1. or 2., the corporation may underwrite and make 268
402	402	those mortgage loans through the program to persons or families 269
403	403	who are lawfully present in the United States and who have 270
404	404	household incomes that do not exceed 150 percent of the state 271
405	405	median income or local median income, whichever is greater. A 272
406	406	borrower must be seeking to purchase a home as a primary 273
407	407	residence; must be a first -time homebuyer and a Florida 274
408	408	resident; and must be employed full -time by a Florida-based 275
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417	417	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
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421	421	employer. The borrower must provide documentation of full -time 276
422	422	employment or full-time status for self-employed individuals. 277
423	423	The requirement to be a first -time homebuyer does not apply to a 278
424	424	borrower who is an active duty servicemember of a branch of the 279
425	425	armed forces or the Florida National Guard, as defined in s. 280
426	426	250.01, or a veteran. 281
427	427	Section 5. Present subsection (5) of section 448.09, 282
428	428	Florida Statutes, is redesignated as subsection (8), a new 283
429	429	subsection (5) and subsections (6) and (7) are added to that 284
430	430	section, and present subsections (3) and (4) of that section are 285
431	431	amended, to read: 286
432	432	448.09 Unauthorized aliens; employment prohibited. — 287
433	433	(3) For an employer that knowingly violates this section, 288
434	434	the department shall suspend all licenses issued by a licensing 289
435	435	agency pursuant to chapter 120 for 1 year and impose a fine not 290
436	436	to exceed $10,000. Fines must be deposited in the Crimes 291
437	437	Compensation Trust Fund For a violation of this section, the 292
438	438	department shall place the employer on probation for a 1 -year 293
439	439	period and require that the employer report quarterly to the 294
440	440	department to demonstrate comp liance with the requirements of 295
441	441	subsection (1) and s. 448.095 . 296
442	442	(4) For an employer that knowingly violates this section a 297
443	443	second time, the department shall suspend or revoke all licenses 298
444	444	issued by a licensing agency pursuant to chapter 120 for 5 years 299
445	445	and impose a fine not to exceed $100,000. Fines must be 300
446	446
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454	454	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
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458	458	deposited in the Crimes Compensation Trust Fund Any violation of 301
459	459	this section which takes place within 24 months after a previous 302
460	460	violation constitutes grounds for the suspension or revocation 303
461	461	of all licenses issued by a licensing agency subject to chapter 304
462	462	120. The department shall take the following actions for a 305
463	463	violation involving: 306
464	464	(a) One to ten unauthorized aliens, suspension of all 307
465	465	applicable licenses held by a private employer for up to 30 days 308
466	466	by the respective agencies that issued them. 309
467	467	(b) Eleven to fifty unauthorized aliens, suspension of all 310
468	468	applicable licenses held by a private employer for up to 60 days 311
469	469	by the respective agencies that issued them. 312
470	470	(c) More than fifty unauthorized alien s, revocation of all 313
471	471	applicable licenses held by a private employer by the respective 314
472	472	agencies that issued them . 315
473	473	(5) For an employer that knowingly violates this section a 316
474	474	third time, the department shall permanently revoke all licenses 317
475	475	issued by a licensing agency pursuant to chapter 120, both for 318
476	476	the employer personally and for the business generally, and 319
477	477	impose a fine not to exceed $250,000. Fines must be deposited in 320
478	478	the Crimes Compensation Trust Fund. 321
479	479	(6) For an employer that knowingly violates thi s section, 322
480	480	and an unauthorized alien employee's actions result in injuries 323
481	481	to another person, the department shall suspend or revoke all 324
482	482	licenses issued by a licensing agency pursuant to chapter 120 325
483	483
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491	491	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
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495	495	for 5 years and impose a fine not to exceed $100,000. Fin es must 326
496	496	be deposited in the Crimes Compensation Trust Fund. 327
497	497	(7) For an employer that knowingly violates this section, 328
498	498	and an unauthorized alien employee's actions result in the death 329
499	499	of another person, the department shall permanently revoke all 330
500	500	licenses issued by a licensing agency pursuant to chapter 120 331
501	501	and impose a fine not to exceed $500,000. Fines must be 332
502	502	deposited in the Crimes Compensation Trust Fund. 333
503	503	(8) A person injured or the next of kin of a person killed 334
504	504	may bring a cause of action for dama ges against an employer 335
505	505	found to be in violation in subsection (6) or subsection (7). 336
506	506	Section 6. Paragraph (b) of subsection (2) of section 337
507	507	448.095, Florida Statutes, is amended to read: 338
508	508	448.095 Employment eligibility. — 339
509	509	(2) EMPLOYMENT VERIFICATION. — 340
510	510	(b)1. A public agency shall use the E -Verify system to 341
511	511	verify a new employee's employment eligibility as required under 342
512	512	paragraph (a). 343
513	513	2. Beginning on July 1, 2025 2023, all a private employers 344
514	514	employer with 25 or more employees shall use the E-Verify system 345
515	515	to verify a new employee's employment eligibility as required 346
516	516	under paragraph (a). 347
517	517	3. Each employer required to use the E -Verify system under 348
518	518	this paragraph must certify on its first return each calendar 349
519	519	year to the tax service provider that it is in compliance with 350
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528	528	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
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532	532	this section when making contributions to or reimbursing the 351
533	533	state's unemployment compensation or reemployment assistance 352
534	534	system. An employer that voluntarily uses the E -Verify system 353
535	535	may also make such a certification on its first re turn each 354
536	536	calendar year in order to document such use. 355
537	537	Section 7. Subsection (7) is added to section 560.208, 356
538	538	Florida Statutes, to read: 357
539	539	560.208 Conduct of business. —In addition to the 358
540	540	requirements specified in s. 560.1401, a licensee under this 359
541	541	part: 360
542	542	(7)(a) May not initiate a foreign remittance transfer 361
543	543	unless the licensee has verified that the sender is not an 362
544	544	unauthorized alien as defined in s. 908.111. As used in this 363
545	545	subsection, the term "foreign remittance transfer" means a 364
546	546	remittance transfer as defined in the Electronic Fund Transfer 365
547	547	Act, 15 U.S.C. s. 1693o -1, as amended, the recipient of which is 366
548	548	located in any country other than the United States. The 367
549	549	commission shall adopt rules relating to acceptable forms of 368
550	550	documentation that a licensee shall use to verify that the 369
551	551	sender of a foreign remittance transfer is not an unauthorized 370
552	552	alien as defined in s. 908.111. The licensee shall provide 371
553	553	confirmation of verification on such forms as the commission may 372
554	554	prescribe for this purpose. All require d forms must be submitted 373
555	555	to the office not later than the 15th day of the month following 374
556	556	the close of each calendar quarter. 375
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569	569	(b) Shall pay a penalty equal to 25 percent of the United 376
570	570	States dollar amount transferred, excluding any fees or charges 377
571	571	imposed by the licensee, for any foreign remittance transfer 378
572	572	initiated in violation of paragraph (a). The licensee shall 379
573	573	remit penalties owed under this paragraph quarterly to the 380
574	574	office in addition to any such forms as the office may prescribe 381
575	575	for such purpose. All required penalties and forms must be 382
576	576	submitted to the office not later than the 15th day of the month 383
577	577	following the close of each calendar quarter. Notwithstanding 384
578	578	ss. 252.3711 and 560.144, the office shall deposit penalties 385
579	579	collected pursuant to thi s paragraph in the Emergency 386
580	580	Preparedness and Response Fund under s. 252.3711. 387
581	581	Notwithstanding any other provision of this chapter, failure to 388
582	582	comply with paragraph (a) does not subject a licensee to any 389
583	583	penalty other than the penalty imposed by this parag raph. 390
584	584	Section 8. Present paragraphs (i) and (j) of subsection 391
585	585	(1) of section 560.211, Florida Statutes, are redesignated as 392
586	586	paragraphs (j) and (k), and a new paragraph (i) is added to that 393
587	587	subsection, to read: 394
588	588	560.211 Required records. — 395
589	589	(1) In addition to the record retention requirements under 396
590	590	s. 560.1105, each licensee under this part must make, keep, and 397
591	591	preserve the following books, accounts, records, and documents 398
592	592	for 5 years: 399
593	593	(i) Records of: 400
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606	606	1. The documentation used to verify that the sender of a 401
607	607	foreign remittance transfer is not an unauthorized alien as 402
608	608	defined in s. 908.111. 403
609	609	2. Penalties paid pursuant to s. 560.208(7)(b), including 404
610	610	the date and amount of each foreign remittance transfer and the 405
611	611	name, date of birth, and address of each sender. 406
612	612	Section 9. Section 560.2115, Florida Statutes, is created 407
613	613	to read: 408
614	614	560.2115 Required records audit. — 409
615	615	(1) For the purpose of enforcement of this section, the 410
616	616	office may at any time request, and the licensee must provide, 411
617	617	records of documentation used to verify that the sender of a 412
618	618	foreign remittance transfer is not an unauthorized alien as 413
619	619	defined in s. 908.111. 414
620	620	(2) A person who has a good faith belief that a licensee 415
621	621	is failing to comply with s. 560.208(7)(a) may file a complaint 416
622	622	with the office. 417
623	623	(3) A person who knowingly files a false or frivolous 418
624	624	complaint under subsection (2), including any complaint that 419
625	625	violates federal law, commits a misdemeanor of the second 420
626	626	degree, punishable as provided in s. 775.082 or s. 775.083. 421
627	627	(4) Upon receipt of a valid complaint substantiated by 422
628	628	evidence of a violation of s. 560.208(7)(a), the office shall 423
629	629	notify the licensee of the complaint and direct the licensee to 424
630	630	pay a penalty pursuant to s. 560.208(7)(b). 425
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643	643	(5) In addition to the requiremen ts under subsection (1), 426
644	644	beginning July 1, 2026, the office shall conduct random 427
645	645	quarterly audits of licensees to ensure compliance with s. 428
646	646	560.208(7)(a). During an audit, a licensee shall produce records 429
647	647	of the documentation used to verify that each sende r of a 430
648	648	foreign remittance transfer is not an unauthorized alien. A 431
649	649	licensee that fails to comply with s. 560.208(7)(a) is subject 432
650	650	to the penalty pursuant to s. 560.208(7)(b). 433
651	651	(6) Failure to comply with subsection (5) constitutes 434
652	652	grounds for the suspensio n of all licenses held by the licensee 435
653	653	which were issued by the office. 436
654	654	(7) The office may not audit a licensee more than once 437
655	655	every 2 years unless an audit within the last 6 months found the 438
656	656	licensee out of compliance with s. 560.208(7)(a). 439
657	657	Section 10. The Office of Financial Regulation, on behalf 440
658	658	of the Financial Services Commission, is authorized, and all 441
659	659	conditions are deemed met, to adopt emergency rules pursuant to 442
660	660	s. 120.54(4), Florida Statutes, to implement the provisions of 443
661	661	this section. Notwithstanding any other provision of law, 444
662	662	emergency rules adopted pursuant to this section are effective 445
663	663	for 6 months after adoption and may be renewed during the 446
664	664	pendency of procedures to adopt permanent rules addressing the 447
665	665	subject of the emergency rules. 448
666	666	Section 11. If any provision of this act or its 449
667	667	application to any person or circumstance is held invalid, the 450
668	668
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680	680	invalidity does not affect other provisions or applications of 451
681	681	this act which can be given effect without the invalid 452
682	682	provisions or applicati on, and to this end the provisions of 453
683	683	this act are severable. 454
684	684	Section 12. This act shall take effect July 1, 2025. 455