SB668: Bill Text

SB668,,220 2. The exempt entity assumes all risk of loss and all legal responsibility for satisfying the outstanding money transmission obligations owed to a purchaser or holder of the outstanding money transmission obligations upon receipt of the purchaser’s or holder’s money or monetary value by the service provider or agent.

SB668,,221 (n) A person exempted by written determination of the division, if the division finds the exemption to be in the public interest and that the regulation of the person is not necessary for the purposes of this chapter.

SB668,,222 (2) The division may require that any person claiming to be exempt from licensing requirements under this chapter provide information and documentation to the division demonstrating that the person qualifies for any claimed exemption.

SB668,,223 217.04 Participation in the nationwide multistate licensing system and registry; networked supervision; confidentiality. (1) Participation in the nationwide multistate licensing system and registry. The division shall utilize the nationwide multistate licensing system and registry, and the provisions of s. 224.35 shall apply, with respect to applicants and licensees under this chapter. An applicant or licensee under this chapter shall register with, and maintain a valid unique identifier issued by, the nationwide multistate licensing system and registry.

SB668,,224 (2) Networked supervision. To efficiently and effectively administer and enforce this chapter and to minimize regulatory burden, the division may do any of the following:

SB668,,225 (a) Participate in multistate supervisory processes established between states and coordinated through the Conference of State Bank Supervisors, Money Transmitter Regulators Association, and affiliates and successors thereof for all licensees that hold licenses in this state and other states.

SB668,,226 (b) Enter into agreements or relationships with other government officials or federal and state regulatory agencies and regulatory associations, including organizations the membership of which is made up of state or federal governmental agencies, to standardize methods or procedures or share resources, records or related information obtained under this chapter.

SB668,,227 (c) Enter into agreements or relationships with the nationwide multistate licensing system and registry, or other entities designated by the nationwide multistate licensing system and registry, to collect and maintain records, coordinate multistate licensing processes and supervision processes, process fees, and facilitate communication with licensees or other persons subject to this chapter.

SB668,,228 (d) Utilize nationwide multistate licensing system and registry forms, processes, and functionalities in accordance with this chapter.

SB668,,229 (e) Waive or modify any requirement, and establish new requirements by rule or order, as reasonably necessary to participate in the nationwide multistate licensing system and registry.

SB668,,230 (f) Accept a licensing, examination, or investigation report made by another state or federal government agency or official, or a report prepared by an independent accounting firm.

SB668,,231 (g) Accept the investigation results or control determination of another state, if the other state has sufficient staffing and expertise and meets minimum standards.

SB668,,232 (h) Conduct examinations in conjunction with examinations conducted by representatives of other state agencies or agencies of another state or of the federal government.

SB668,,233 (i) Utilize multistate record production standards and examination procedures when such standards and procedures will reasonably achieve the purposes of this chapter.

SB668,,234 (j) Participate in nationwide protocols for licensing cooperation and coordination among state regulators if these protocols are consistent with this chapter.

SB668,,235 (k) Implement this chapter in a manner that facilitates uniformity with respect to licensing, supervision, reporting, and regulation of licensees that are licensed in multiple jurisdictions.

SB668,,236 (3) Confidentiality. (a) Section 220.06 applies to this chapter.

SB668,,237 (b) The division may not disclose information received under s. 217.05 (3) (b) 2. to any person except as follows:

SB668,,238 1. The division may disclose the applicant’s social security number or federal employer identification number to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227.

SB668,,239 2. The division may disclose the applicant’s social security number to the department of children and families in accordance with a memorandum of understanding under s. 49.857.

SB668,,240 3. The division may disclose information to the nationwide multistate licensing system and registry as provided in s. 224.35.

SB668,,241 217.05 License requirements. (1) License required. A person may not engage in the business of money transmission or advertise, solicit, or hold itself out as providing money transmission unless the person is licensed under this chapter. This subsection does not apply to an authorized delegate of a person licensed under this chapter acting within the scope of authority conferred by a written contract with the licensee, or to a person who is exempt pursuant to s. 217.03 and does not engage in money transmission outside the scope of the exemption.

SB668,,242 (2) License not transferable. A license issued under this section is not transferable or assignable.

SB668,,243 (3) Application for license. (a) An applicant for a license shall apply in a form and manner prescribed by the division and submit a $1,000 nonrefundable application fee.

SB668,,244 (b) The applicant shall provide all of the following information to the division:

SB668,,245 1. The legal name and residential and business addresses of the applicant and any fictitious or trade name used by the applicant in conducting its business.

SB668,,246 2. The applicant’s federal employer identification number or social security number, as applicable. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license, shall submit a statement made or subscribed under oath or affirmation to the division that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families.

SB668,,247 3. A list of any criminal convictions of the applicant and any material litigation in which the applicant has been involved in the 10-year period next preceding the submission of the application.

SB668,,248 4. A description of any money transmission previously provided by the applicant and the money transmission that the applicant seeks to provide in this state.

SB668,,249 5. A list of the applicant’s proposed authorized delegates and the locations in this state where the applicant and its authorized delegates propose to engage in money transmission.

SB668,,250 6. A list of other states in which the applicant is licensed to engage in money transmission and any license revocations, suspensions, or other disciplinary action taken against the applicant in another state.

SB668,,251 7. Information concerning any bankruptcy or receivership proceedings affecting the applicant or a person in control of the applicant.

SB668,,252 8. A sample form of contract for authorized delegates, if applicable.

SB668,,253 9. A sample form of each payment instrument or stored value, as applicable.

SB668,,254 10. The name and address of any federally insured depository financial institution through which the applicant plans to conduct money transmission.

SB668,,255 11. A copy of audited financial statements of the applicant for the most recent fiscal year and for the 2-year period next preceding the submission of the application or, if acceptable to the division, certified unaudited financial statements for the most recent fiscal year or another period acceptable to the division.

SB668,,256 12. A certified copy of unaudited financial statements of the applicant for the most recent fiscal quarter.

SB668,,257 13. A copy of the surety bond or other form of security required by s. 217.10 (2).

SB668,,258 14. Any other information the division or the nationwide multistate licensing system and registry reasonably requires with respect to the applicant.

SB668,,259 (c) If the applicant is a corporation, limited liability company, partnership, or other legal entity, the applicant shall provide all of the following information to the division, in addition to the information required under par. (b):

SB668,,260 1. The date of the applicant’s incorporation or formation and state or country of incorporation or formation.

SB668,,261 2. A certificate of good standing from the state or country in which the applicant is incorporated or formed, if applicable.

SB668,,262 3. A brief description of the structure or organization of the applicant, including each parent or subsidiary of the applicant and whether each parent or subsidiary is publicly traded.

SB668,,263 4. The legal name, any fictitious or trade name, all business and residential addresses, and the employment, as applicable, in the 10-year period next preceding the submission of the application, of each key individual and person in control of the applicant.

SB668,,264 5. A list of any criminal convictions and material litigation in which a person in control of the applicant that is not an individual has been involved in the 10-year period next preceding the submission of the application.

SB668,,265 6. If the applicant is a publicly traded corporation, a copy of the most recent report filed with the U.S. Securities and Exchange Commission under section 13 of the Securities Exchange Act of 1934, 15 USC 78m.

SB668,,266 7. If the applicant is a wholly owned subsidiary of a publicly traded corporation, one of the following as applicable:

SB668,,267 a. If the parent corporation is publicly traded in the United States, a copy of the parent corporation’s audited financial statements for the most recent fiscal year or a copy of the parent corporation’s most recent report filed under section 13 of the Securities Exchange Act of 1934, 15 USC 78m.

SB668,,268 b. If the parent corporation is publicly traded outside the United States, a copy of similar documentation filed with the regulator of the parent corporation’s domicile outside the United States.

SB668,,269 8. The name and address of the applicant’s registered agent in this state.

SB668,,270 (d) The division may waive one or more requirements of par. (b) or (c) or permit an applicant to submit other information in lieu of the required information.

SB668,,271 (4) Information requirements for certain individuals. (a) Any individual in control of a licensee or applicant, any individual that seeks to acquire control of a licensee, and each key individual shall provide all of the following items to the division through the nationwide multistate licensing system and registry as provided in s. 224.35 (2):

SB668,,272 1. The individual’s fingerprints for submission to the federal bureau of investigation and the division for purposes of a national criminal history background check unless the person currently resides outside of the United States and has resided outside the United States for the last 10 years.

SB668,,273 2. Personal history and experience in a form and manner prescribed by the division, to include all of the following:

SB668,,274 a. An independent credit report from a consumer reporting agency. This requirement shall be waived if the individual does not have a social security number.

SB668,,275 b. Information related to any criminal convictions or pending charges.

SB668,,276 c. Information related to any regulatory or administrative action and any civil litigation involving claims of fraud, misrepresentation, conversion, mismanagement of funds, breach of fiduciary duty, or breach of contract.

SB668,,277 3. Any other information the division or the nationwide multistate licensing system and registry reasonably requires with respect to the individual.

SB668,,278 (b) If the individual has resided outside the United States at any time in the last 10 years, the individual shall also provide an investigative background report prepared by an independent search firm that meets all of the following requirements:

SB668,,279 1. The search firm has sufficient knowledge and resources and employs accepted and reasonable methodologies in conducting its research for the background report.

SB668,,280 2. The search firm is not affiliated with, and does not have an interest with, the individual it is researching.

SB668,,281 3. The background report is written in the English language and contains, at a minimum, all of the following information:

SB668,,282 a. If available in the individual’s current jurisdiction of residency, a comprehensive credit report, or any equivalent information obtained or generated by the independent search firm to accomplish such report, including a search of the court data in the countries, provinces, states, cities, towns, and contiguous areas where the individual resided and worked.

SB668,,283 b. Criminal records information for the past 10 years, including felonies, misdemeanors, or similar convictions for violations of law in the countries, provinces, states, cities, towns, and contiguous areas where the individual resided and worked.

SB668,,284 c. Employment history.

SB668,,285 d. Media history, including an electronic search of national and local publications, wire services, and business applications.

SB668,,286 e. Financial services-related regulatory history, including money transmission, securities, banking, insurance, and mortgage-related industries.

SB668,,287 (5) Issuance of license. (a) When an application for an original license under this section appears to include all the items and address all the matters that are required, the application is complete. The division shall promptly notify the applicant in a record of the date on which the application is determined to be complete.

SB668,,288 (b) If an applicant fails to complete the application for a new license or for a change in control of a license within 60 days after the division provides written notice that the application is incomplete, the application is deemed abandoned and the application fee shall not be refunded. An applicant whose application is deemed abandoned under this paragraph may reapply as provided in this section.

SB668,,289 (c) A determination by the division that an application is complete and is accepted for processing means only that the application, on its face, appears to include all of the items, including the criminal background check response from the federal bureau of investigation, and address all of the matters that are required, and is not an assessment of the substance of the application or of the sufficiency of the information provided.

SB668,,290 (d) When an application is filed and considered complete under this section, the division shall investigate the applicant’s financial condition and responsibility, financial and business experience, character, and general fitness. The division may conduct an on-site investigation of the applicant, the reasonable cost of which the applicant shall pay. If the applicant utilizes a multistate licensing process, the division may accept the investigation results of another state.

SB668,,291 (e) The division shall issue a license to an applicant under this section if the division finds all of the following:

SB668,,292 1. The applicant has satisfied all applicable requirements of this section.

SB668,,293 2. The applicant’s financial statements demonstrate a sufficient net worth to meet the requirements of s. 217.10 (1).

SB668,,294 3. The applicant has submitted a surety bond or other permitted form of security that meets the requirements s. 217.10 (2).

SB668,,295 4. The financial condition and responsibility, financial and business experience, competence, character, and general fitness of the applicant, and the competence, experience, character, and general fitness of the key individuals and persons in control of the applicant, indicate that it is in the interest of the public to permit the applicant to engage in money transmission.

SB668,,296 5. The applicant has not been certified under s. 73.0301 by the department of revenue to be liable for delinquent taxes.

SB668,,297 6. The applicant has not been certified under s. 108.227 by the department of workforce development to be liable for delinquent unemployment insurance contributions.

SB668,,298 7. If the applicant is an individual, the applicant has not failed to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings and is not delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

SB668,,299 (f) The division shall approve or deny an application within 120 days after the application’s completion date. The division may for good cause extend the review period. Unless the review period has been extended, an application that is not approved or denied within 120 days after the completion date is deemed approved.

SB668,,300 (g) The division shall issue a formal written notice of the denial of a license application within 30 days of the decision to deny the application. The division shall set forth in the notice of denial the specific reasons for the denial of the application. An applicant whose application is denied by the division under this section may request a hearing under s. 227.44 within 30 days after the date of denial. The division may appoint a hearing examiner under s. 227.46 to conduct the hearing.

SB668,,301 (h) The initial license term shall begin on the day the application is approved. The license shall expire on December 31 of the year in which the license term began, unless the initial license date is between November 1 and December 31, in which instance the initial license term shall run through December 31 of the following year.

SB668,,302 (6) Renewal of license and annual fee. (a) A license may be renewed or reinstated as provided in s. 224.35 (7).

SB668,,303 (b) No more than 60 days before license expiration, a licensee shall pay an annual renewal fee on the basis of its volume of money transmission in this state, as follows:

SB668,,304 1. For a volume of $10,000,000 or less of money transmitted in the prior calendar year, $500.

SB668,,305 2. For a volume of $10,000,001 to $100,000,000 of money transmitted in the prior calendar year, $1,000.

SB668,,306 3. For a volume of $100,000,001 to $1,000,000,000 of money transmitted in the prior calendar year, $2,000.

SB668,,307 4. For a volume greater than $1,000,000,000 of money transmitted in the prior calendar year, $4,000.

SB668,,308 (7) Revocation, suspension, or refusal to renew a license. (a) The division may, after a complaint, notice, and hearing, deny an application or suspend, revoke, or refuse to renew a license issued under this section if the division finds any of the following: