RULE NO: RULE TITLE
69V-560.1000: Disciplinary Guidelines
- NOTICE OF CHANGENotice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34 No. 51, December 19, 2008 issue of the Florida Administrative Weekly.
A notice of change for this rule was previously published in Vol. 35, No. 8, February 27, 2009, issue of the Florida Administrative Weekly. The final hearing on the proposed rule was held on April 14, 2009. Prior to the final hearing, the Financial Services Centers of Florida submitted written comments recommending clarifying changes to the introductory paragraph of the proposed rule and the introductory paragraph to subsection (148). The rule was amended to adopt the written recommendations. These changes were approved by the Financial Services Commission at the final hearing on April 14, 2009.
THE FULL TEXT OF THE PROPOSED RULE IS:
69V-560.1000 Disciplinary Guidelines.
Pursuant to Section 560.1141, F.S., listed below are disciplinary guidelines applicable to each ground for disciplinary action that may be imposed by the Office against a Chapter 560, F.S., licensee for a material violation of Chapter 560, F.S. In determining an appropriate penalty within the range of penalties prescribed in this rule for each violation as based upon the citation number, the Office shall consider the circumstances set forth in subsection (148). For purposes of this rule, the term citation means any written notice provided to and received by the licensee that specifies a violation of Chapter 560, F.S., or any rule promulgated under that chapter.
Statute
Violation Description
1st Citation
2nd Citation
3rd Citation
(1)
Failure to make available to the Office within 3 days all required books and records after written notice.
Fine: A
Suspension: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(2)
Failure to pay reasonable and necessary costs for exams or investigations based on actual costs incurred.
Fine: A
Suspension: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(3)
Failure to pay to the Office the expenses of an examination at a rate adopted by rule.
Fine: A
Suspension: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(4)
Failure to maintain all records for 5 years.
Fine: A
Suspension: A
Revocation
Fine: B
Suspension: B
Revocation
Fine: C
Suspension: C
Revocation
(5)
Failure to make books and records available to the Office within 3 business days after receipt of a written request.
Fine: A
Suspension: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(6)
Receiving or possessing property, except in payment of a just demand, and, with intent to deceive or defraud, to omit to make or to cause to be made a full and true entry thereof in its books and accounts, or to concur in omitting to make any material entry thereof.
Fine: C
Revocation
N/A
N/A
(7)
Embezzle, abstract, or misapply any money, property, or other thing of value belonging to the money services business, an authorized vendor, or customer with intent to deceive or defraud.
Fine: C
Revocation
N/A
N/A
(8)
Making false entry in books and records with intent to deceive or defraud another person, appropriate regulator, or authorized third party appointed by the Office to examine or investigate a licensee or its authorized vendor.
Fine: C
Suspension: C
Revocation
N/A
N/A
(9)
Engaging in acts that violate 18 U.S.C. s. 1956., 31 U.S.C. s. 5324, or any law or rule of another state or the United States relating to a money services business, deferred presentment provider, or usury which is a ground for the denial or revocation of a money services business or deferred presentment provider or its equivalent.
Fine: C
Revocation
N/A
N/A
(10)
Filing with the Office, signing as a duly authorized representative, or delivering or disclose to the Office any books and records known to be fraudulent or false as to any material matter.
Fine: C
Revocation
N/A
N/A
(11)
Placing among a money services business any note, obligation, or security that the money services business or its authorized vendor does not own or is known to be fraudulent or otherwise worthless or to represent to the Office that these documents are known to be fraudulent or otherwise worthless.
Fine: C
Revocation
N/A
N/A
(12)
560.114 (1)(a)
Failure to comply with any order of the Office or any written agreement entered into with the Office.
Fine: B
Suspension: B
Revocation
Fine: C
Suspension: C
Revocation
Fine: C
Revocation
(13)
Fraud, misrepresentation, deceit, or gross negligence in any transaction by a money services business, regardless of reliance thereon by, or damage to, a customer.
Fine: C
Suspension: C
Revocation
Fine: C
Revocation
N/A
(14)
Fraudulent misrepresentation, circumvention, or concealment of any matter that must be stated or furnished to a customer pursuant to Chapter 560, F.S., regardless of reliance thereon by, or damage to, such customer.
Fine: C
Revocation
N/A
N/A
(15)
False, deceptive, or misleading advertising.
Fine: C
Suspension: C
Fine: C
Suspension: C
Revocation
Fine:
Suspension: C
Revocation
(16)
Failure to maintain, preserve, keep available for examination, and produce all books, accounts, files, or other documents required by Chapter 560, F.S.
Fine: A
Suspension: A
Fine: B
Suspension: B
Revocation
Fine: C
Suspension: C
Revocation
(17)
Refusing to allow the examination or inspection of books, accounts, files, or other documents by the Office pursuant to Chapter 560, F.S., or to comply with a subpoena issued by the Office.
Fine: B
Suspension: B
Revocation
Fine: C
Revocation
Revocation
(18)
Failure to pay a judgment recovered in any court by a claimant in an action arising out of a money transmission transaction within 30 days after the judgment became final.
Fine: A
Suspension: A
Fine: B
Suspension: B
Fine: C
Revocation
(19)
Engaging in acts prohibited under Section 560.111, F.S.
Fine: C
Revocation
N/A
N/A
(20)
Insolvency
Fine: A
Suspension: A
Revocation
Fine: B
Suspension: B
Revocation
Fine: C
Suspension: B
Revocation
(21)
Failure to remove an affiliated party after the Office has issued and served a final order setting forth a finding that the affiliated party has violated a provision of Chapter 560, F.S.
Fine: A
Suspension: A
Revocation
Fine: B
Suspension: B
Revocation
Fine: C
Suspension: C
Revocation
(22)
Making a material misstatement, misrepresentation, or omission in an application, amendment, or appointment of an authorized vendor.
Fine: A
Suspension: A
Revocation
Fine: B
Suspension: B
Revocation
Fine: C
Suspension: C
Revocation
(23)
Committing any act that results in a license, or its equivalent, to practice any profession or occupation, being denied, suspended, revoked, or otherwise acted against by a licensing authority in any jurisdiction.
Fine: A
Suspension: A
Revocation
Fine: B
Suspension: B
Revocation
Fine: C
Suspension: C
Revocation
(24)
Being the subject of final agency action or its equivalent, issued by an appropriate regulator, for engaging in unlicensed money services business or deferred presentment provider activity in any jurisdiction.
Fine: C
Fine: C
Suspension: C
Fine: C
Suspension: C
(25)
Committing any act resulting in a license or its equivalent to practice any profession or occupation being denied, suspended, revoked, or otherwise acted against by a licensing authority in any jurisdiction for a violation of 18 U.S.C. s. 1956, 18 U.S.C. s. 1957, and 18 U.S.C. s. 1960, 31 U.S.C. s. 5324, or any law or rule of another state or the United States relating to a money services business, deferred presentment provider, or usury.
Fine: C
Suspension: C
Revocation
Fine: C
Suspension: C
Revocation
Fine: C
Suspension: C
Revocation
(26)
Having been convicted of, or entered a plea of guilty or nolo contendere to any felony or crime punishable by imprisonment of 1 year or more under the law of any state of the United States which involves fraud, moral turpitude, or dishonest dealing, regardless of adjudication.
Fine: C
Revocation
N/A
N/A
(27)
Having been convicted of, or entered a plea of guilty or nolo contendere to a crime under 18 U.S.C. s. 1956 or 31 U.S.C. s. 5324 regardless of adjudication.
Fine: C
Revocation
N/A
N/A
(28)
Having been convicted of, or entered a plea of guilty or nolo contendere to misappropriation, conversion, or unlawful withholding of moneys belonging to others, regardless of adjudication.
Fine: C
Revocation
N/A
N/A
(29)
Failure to inform the Office in writing within 30 days after having pled guilty or nolo contendere to, or being convicted of, any felony or crime punishable by imprisonment of 1 year or more under the law of any state or the US, or any crime involving fraud, moral turpitude, or dishonest dealing.
Fine: B
Fine: C
Revocation
N/A
(30)
Aiding, assisting, procuring, advising, or abetting any person in violating a provision of Chapter 560, F.S., or any order or rule of the Office or Commission.
Fine: B
Suspension: B
Revocation
Fine: C
Suspension: C
Revocation
N/A
(31)
Failure to pay any fee, charge, or cost imposed or assessed under Chapter 560, F.S.
Fine: A
Suspension: A
Fine: B
Suspension: B
Fine: C
Revocation: C
(32)
Failure to pay a fine assessed by the Office within 30 days after the due date as stated in the final order.
Fine: B
Suspension: B
Revocation
Fine: C
Revocation
Fine: C
Revocation
(33)
Failure to pay any judgment entered by any court within 30 days after the judgment becomes final.
Fine: A
Suspension: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(34)
Payment to the Office for a license or other fee, charge, cost, or fine with a check or electronic transmission of funds that is dishonored by the applicants or licensees financial institution.
Fine: A
Suspension: A
Fine: B
Suspension: B
Fine: C
Revocation
(35)
Violations of 31 C.F.R. ss. 103.20, 103.22, 102.23, 103.27, 103.28, 103.29, 103.33, 103.37, 103.41, and 103.125, and United States Treasury Interpretative Release 2004-1. Note: For purposes of the application of this violation, the distinct federal codes referenced shall be treated as separate violations and penalties shall be applied separately for each code violation cited.
Fine: B
Suspension: B
Revocation
Fine: C
Suspension: C
Revocation
Fine: C
Suspension: C
Revocation
(36)
Engaging in any practice or conduct that creates the likelihood of material loss, insolvency, or dissipation of assets of a money services business or otherwise materially prejudices the interests of its customers.
Fine: C
Suspension: C
Revocation
Fine: C
Suspension: C
Revocation
Fine: C
Suspension: C
Revocation
(37)
Immediate Suspension for failure to provide required records upon written request.
Fine: A
Suspension: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(38)
Failure to file annual financial audit reports with the Office pursuant to this Chapter 560, F.S., or related rules.
Fine: C
Revocation if later than 90 days from due date
Fine: C
Revocation if later than 90 days from due date
Fine: C
Revocation if later than 90 days from due date
(39)
Failure to submit quarterly reports to the Office in the format specified by rule.
Fine: A
Suspension: A
Fine: B
Suspension: B
Fine: C
Suspension: C
Revocation
(40)
Failure to maintain a record of every transaction, which occurs in this state that involves currency greater than $10,000, in one or in aggregate in one day, and involves the proceeds of unlawful activity or is designed to evade reporting requirements of Section 560.123, F.S. or Chapter 896, F.S.
Fine: C
Revocation
N/A
N/A
(41)
Failure to file a currency transaction report for every transaction noted in Section 560.123(3), F.S.
Fine: A
Suspension: A
Revocation
Fine: B
Suspension: B
Revocation
Fine: C
Suspension: C
Revocation
(42)
Failure to comply with the money laundering, enforcement, and reporting provisions of Section 655.50, F.S., involving currency transactions and payment instruments, and Chapter 896, F.S., concerning offenses relating to financial transactions.
Fine: A
Suspension: A
Revocation
Fine: B
Suspension: B
Revocation
Fine: C
Suspension: C
Revocation
(43)
Failure to comply with all state and federal laws and rules relating to money laundering, including Section 560.123, F.S.; and 31 C.F.R. ss. 103.20, 103.22, 103.23, 103.27, 103.28, 103.29, 103.33, 103.37, and 103.41.
Fine: A
Suspension: A
Revocation
Fine: B
Suspension: B
Revocation
Fine: C
Suspension: C
Revocation
(44)
Failure to maintain, review, and update an anti-money laundering program.
Fine: A
Suspension: A
Revocation
Fine: B
Suspension: B
Revocation
Fine: C
Suspension: C
Revocation
(45)
Failure to comply with United States Treasury Interpretive Release 2004-1.
Fine: B
Suspension: B
Revocation
Fine: B
Suspension: B
Revocation
Fine: C
Suspension: C
Revocation
(46)
Failure to provide the Office notice within 30 days after occurrence of a bankruptcy filing.
Fine: C
Suspension: C
Fine: C
Suspension: C
Fine: C
Suspension: C
(47)
Failure to provide the Office notice within 30 days after occurrence of the commencement of an administrative or judicial suspension, revocation, or denial of a license from any other state in the United States.
Fine: A
Suspension: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(48)
Failure to provide the office notice within 30 days after occurrence of a felony indictment relating to a money services business or deferred presentment provider involving the licensee, a vendor, or affiliated party. Note: Any licensee suspended under this provision shall be suspended until a final disposition has been reached by the court for the case defined in the suspension order. Any rights to appeal with not be considered in the application of this section.
Fine: B
Suspension: B
Fine: C
Suspension: C
Fine: C
Suspension: C
(49)
Failure to provide the office notice within 30 days after occurrence of a felony conviction, guilty plea, or plea of nolo contendere, regardless of adjudication, of a licensee, vendor, or affiliated party.
Revocation
Revocation
Revocation
(50)
Failure to provide the office notice within 30 days after occurrence of an interruption of any corporate surety bond required.
Fine: B
Suspension: B
Fine: B
Suspension: B
Fine: C
Suspension: C
(51)
Failure to provide the office with written notice sent by registered mail within 30 days after the occurrence or knowledge of the notification by law enforcement or a prosecutorial agency that the licensee or vendor is under criminal investigation.
Fine: B
Suspension: B
Fine: C
Suspension: C
Fine: C
Revocation
(52)
Failure to report to the Office any change in application or renewal information on Form OFR 560-01, which is incorporated by reference in Rule 69V-560.1012, F.A.C., within 30 days after the change.
Fine: A
Fine: B
Fine: C
Suspension: C
(53)
Failure to report any change in ownership, control, or responsible persons of the licensee.
Fine: A
Fine: B
Fine: C
Suspension: C
(54)
Failure to provide each customer with a toll-free number or the offices toll-free number and address for consumer contact.
Fine: A
Fine: A
Fine: B
(55)
Failure to place assets that are the property of a customer in a segregated account in a federally insured institution or the failure to maintain separate accounts for operating capital and the clearing of customer funds.
Fine: B
Fine: C
Suspension: C
Fine: C
Revocation
(56)
Failure to ensure that money transmitted is available to the designated recipient within 10 business days after receipt.
Fine: B
Fine: C
Fine: C
Suspension: C
(57)
Failure to immediately upon receipt of currency or payment instrument provide a confirmation or sequence number to the customer verbally, by paper, or electronically.
Fine: A
Fine: C
Fine: C
Suspension: C
(58)
Failure to notify the Office within 60 days after a vendor commences or terminates licensed activity.
Fine: A
Fine: B
Fine: C
Suspension: C
(59)
Failure to enter into a written contract with an authorized vendor, signed by the licensee and the authorized vendor.
Fine: A
Fine: B
Fine: C
Suspension: C
(60)
The vendor contract must set forth the nature and scope of the relationship between the licensee and the vendor, including rights and responsibilities of the parties
Fine: A
Fine: B
Fine: C
Suspension: C
(61)
Failure to enter into a written contract that includes requirements of Section 560.2085(2)(b)1.-8., F.S.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(62)
Failure to develop and implement written policies and procedures to monitor compliance with applicable state and federal law by a licensees authorized vendors.
Fine: B
Fine: B
Fine: C
Suspension: C
(63)
Failure to maintain at all times net worth of at least $100,000 plus and additional $10,000 for each location up to $2 million. Note: Suspension will be ordered until adequate net worth has been obtained and accepted by the Office
Fine: B
Suspension: B
Revocation
Fine: B
Suspension: B
Revocation
Fine: C
Suspension: C
Revocation
(64)
Failure to obtain an annual financial audit report and submit it to the Office within 120 days after the end of the licensees fiscal year end.
Fine: B
Suspension: B
Revocation
Fine: B
Suspension: B
Revocation
Fine: C
Suspension: C
Revocation
(65)
Failure to provide and pledge to the Office a surety bond not less than $50,000 or more than $2 million.
Fine: C
Revocation
N/A
N/A
(66)
Canceling a surety bond without written notice to the Office by registered mail or a canceling a bond within 30 days after receipt by the Office of the written notice. Note: Suspension will be ordered until adequate surety device has been obtained and accepted by the Office
Fine: C
Suspension: C
Fine: C
Suspension: C
Fine: C
Suspension: C
(67)
Failure to furnish a new or additional surety bond so that the total or aggregate principal sum of the bond equals the required bond under Section 560.209(3)(e), F.S.
Fine: C
Suspension: C
Fine: C
Suspension: C
Fine: C
Suspension: C
(68)
Failure to deposit collateral cash, securities, or alternative security devices as provided by Rule 69V-560.402, F.A.C., in at least the amount required by Form OFR-560-07.
Fine: C
Suspension: C
Fine: C
Suspension: C
Fine: C
Suspension: C
(69)
Failure to pledge collateral cash, securities, or alternative security devices on Form OFR-560-05, which is incorporated by reference in Rule 69V-560.1012, F.A.C., or to maintain such collateral in an insured financial institution as set forth in Rule 69V-560.402, F.A.C.
Fine: C
Suspension: C
Fine: C
Suspension: C
Fine: C
Suspension: C
(70)
Failure to possess, at all times, permissible investments with an aggregate market value of at least the aggregate face amount of all outstanding money transmissions and payment instruments issued or sold by the licensee or authorized vendor in the United States.
Fine: B
Fine: B
Suspension: B
Fine: C
Revocation
(71)
Failure to maintain all records required to be kept by Section 560.211, F.S., for 5 years.
Fine: B
Suspension: B
Fine: B
Suspension: B
Fine: C
Revocation
(72)
Failure to maintain a daily record of payment instruments sold and money transmitted.
Fine: B
Suspension: B
Fine: B
Suspension: B
Fine: C
Revocation
(73)
Failure to maintain a general ledger containing all asset, liability, capital, income, and expense accounts, which must be posted at least monthly.
Fine: B
Suspension: B
Fine: B
Suspension: B
Fine: C
Revocation
(74)
Failure to maintain daily settlement records received from authorized vendors.
Fine: B
Suspension: B
Fine: B
Suspension: B
Fine: C
Revocation
(75)
Failure to maintain monthly financial institution statements and reconciliation records.
Fine: B
Suspension: B
Fine: B
Suspension: B
Fine: C
Revocation
(76)
Failure to maintain records of outstanding payment instruments and money transmitted.
Fine: B
Suspension: B
Fine: B
Suspension: B
Fine: C
Revocation
(77)
Failure to maintain records of each payment instrument paid and money transmission delivered.
Fine: B
Suspension: B
Fine: B
Suspension: B
Fine: C
Revocation
(78)
Failure to maintain a list of the names and addresses of all of the licensees authorized vendors.
Fine: B
Suspension: B
Fine: B
Suspension: B
Fine: C
Revocation
(79)
Failure to maintain records that document the establishment, monitoring, and termination of relationships with authorized vendors and foreign affiliates.
Fine: B
Suspension: B
Fine: B
Suspension: B
Fine: C
Revocation
(80)
Failure to maintain any records, as prescribed by rule, designed to detect and prevent money laundering as set forth in Rules 69V-560.608, 69V-560.609, 69V-560.610, 69V-560.702, 69V-560.703, and 69V-560.706, F.A.C.
Fine: B
Suspension: B
Fine: B
Suspension: B
Fine: C
Revocation
(81)
Failure of each payment instrument sold or issued by a licensee, directly or through its authorized vendor, to bear the name
of the licensee.
Fine: B
Suspension: B
Fine: B
Suspension: B
Fine: C
Revocation
(82)
Charging fees in excess of those provided by Section 560.309, F.S., by a person exempt from licensure under Chapter 560, Part III, F.S.
Fine: A
Restitution
Fine: B
Restitution
Suspension: B
Fine: C
Revocation
(83)
Failure to transact business under Chapter 560, Part III, F.S., under the legal name under which the person is licensed.
Fine: B
Fine: B
Suspension: B
Fine: C
Revocation
(84)
Failure to endorse a payment instrument that is accepted or cashed by the licensee using the legal name under which the licensee is licensed.
Fine: B
Suspension: B
Fine: C
Revocation
N/A
(85)
Failure to deposit payment instruments into a commercial account at a federally insured financial institution or sell payment instruments within 5 business days after the acceptance of the payment instrument.
Fine: B
Fine: B
Suspension: B
Fine: C
Revocation
(86)
Accepting or cashing multiple payment instruments from a person who is not the original payee, unless the person is licensed to cash payment instruments pursuant to Chapter 560, Part III, F.S., and all payment instruments accepted are endorsed with the legal name of the person.
Fine: B
Suspension: B
Fine: C
Revocation
N/A
(87)
Failure to report all suspicious activity to the office in accordance with the criteria set forth in 31 C.F.R. s. 103.20.
Fine: B
Fine: B
Suspension: B
Fine: C
Revocation
(88)
Failure to equip each location of a licensee where checks are cashed with a security camera system that is capable of recording and retrieving an image in order to assist in identifying and apprehending an offender unless the licensee has installed a bulletproof or bullet-resistant partition or enclosure in the area where checks are cashed.
Fine: B
Fine: B
Suspension: B
Fine: C
Revocation
(89)
Failure to post a notice listing the charges for cashing payment instruments.
Fine: A
Fine: B
Suspension: B
Fine: C
Revocation
(90)
Charged fees, except otherwise provided by Section 560.309, F.S., and exclusive of the direct costs of verification in excess of 5 percent of the face amount of the payment instrument, or $5, whichever is greater.
Fine: A
Restitution
Fine: B
Restitution
Suspension: B
Fine: C
Restitution
Revocation
(91)
Charged fees, except otherwise provided by Section 560.309, F.S., and exclusive of the direct costs of verification in excess of 3 percent of the face amount of the payment instrument, or $5, whichever is greater for a payment instrument that is any kind of state public assistance or federal social security benefit payable to the bearer of the payment instrument.
Fine: A
Restitution
Fine: B
Restitution
Suspension: B
Fine: C
Restitution
Revocation
(92)
Charged fees, except otherwise provided by Section 560.309, F.S., and exclusive of the direct costs of verification in excess of 10 percent of the face amount for personal checks or money orders, or $5, whichever is greater.
Fine: C
Restitution
Fine: C
Restitution
Suspension: C
Fine: C
Restitution
Revocation
(93)
Assessed the cost of collections, other than fees for insufficient funds provided by law, without judgment from a court of competent jurisdiction.
Fine: A
Restitution
Fine: B
Restitution
Suspension: B
Fine: C
Restitution
Revocation
(94)
Failed to comply with the provisions of Section 68.065, F.S., and failed to comply with the prohibitions against harassment or abuse, false or misleading representations, and unfair practices in the Fair Debt Collections Act, U.S.C. ss. 1692d, 1692d, 1962f.
Fine: B
Suspension: B
Fine: C
Suspension: C
Fine: C
Revocation
(95)
Failed to maintain customer files on all customers who cash corporate or third-party payment instruments exceeding $1,000, as required by paragraph 69V-560.704(4)(d), F.A.C.
Fine: B
Suspension: B
Fine: C
Suspension: C
Fine: C
Revocation
(96)
Failed to maintain a copy of the personal identification as used as identification as presented by the customer for a payment instrument accepted having a face value of $1,000 or more.
Fine: B
Suspension: B
Fine: C
Suspension: C
Fine: C
Revocation
(97)
Failed to maintain a thumbprint of the customer, taken by the licensee, for a payment instrument accepted having a face value of $1,000 or more.
Fine: B
Suspension: B
Fine: C
Suspension: B
Fine: C
Revocation
(98)
Failed to maintain an electronic payment instrument log which reports aggregate payment instruments whose total cashed is greater than $1,000.
Fine: B
Suspension: B
Fine: C
Suspension: B
Fine: C
Revocation
(99)
Failed to document each deferred presentment transaction in a written agreement signed by the deferred presentment provider and the drawer.
Fine: B
Fine: C
Suspension: C
Fine: C
Revocation
(100)
Each deferred presentment transaction agreement failed to be executed on the day the deferred presentment provider furnishes currency or a payment instrument to the drawer.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(101)
Each deferred presentment transaction agreement failed to contain the name or trade name, address, and telephone number of the deferred presentment provider and the name and title of the person who signs the agreement on behalf of the provider.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(102)
Each deferred presentment transaction agreement failed to contain the date the deferred presentment transaction was made.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(103)
Each deferred presentment agreement failed to contain the amount of the drawers check.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(104)
Each deferred presentment agreement failed to contain the length of the deferment period.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(105)
Each deferred presentment agreement failed to contain the last day of the deferment period.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(106)
Each deferred presentment agreement failed to contain the address and telephone number of the office.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(107)
Each deferred presentment agreement failed to contain a clear description of the drawers payment obligations under the deferred presentment transaction.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(108)
Each deferred presentment agreement failed to contain the transaction number assigned by the offices database.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(109)
Failed to furnish a copy of the deferred presentment transaction agreement to the drawer.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(110)
Accepting a check for a deferred presentment transaction where the face amount of the check taken exceeds $500 exclusive of the fees allowed under Part IV of Chapter 560, F.S.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(111)
Charging fees that exceed 10 percent of the currency or payment instrument provided for a deferred presentment transaction.
Fine: A
Restitution
Fine: B
Restitution
Suspension: B
Fine: C
Restitution
Revocation
(112)
Collecting the fees authorized for a deferred presentment transaction before the drawers check is presented or redeemed.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(113)
Accepting a deferred presentment transaction for a term longer than 31 days or less than 7 days.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(114)
Requiring a drawer to provide additional security or guaranty for a deferred presentment transaction.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(115)
Including a hold harmless clause in a deferred presentment agreement.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: B
(116)
Including a confession of judgment clause in a deferred presentment agreement.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(117)
Including an assignment of or order for a payment of wages or other compensation for services in a deferred presentment agreement.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(118)
Including a provision in which the drawer agrees not to assert any claim or defense arising out of the agreement in a deferred presentment agreement.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(119)
Including a waiver of any provision of Chapter 560, Part IV, F.S., in a deferred presentment agreement.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(120)
A deferred presentment provider shall immediately provide the drawer with the full amount of any check to be held, less only the fee allowed by Section 560.404, F.S.
Fine: B
Fine: C
Suspension: C
Fine: C
Revocation
(121)
Holding a deferred presentment agreement or a drawers check that is altered, the date is deleted, or fails to bear the same date for a deferred presentment transaction.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(122)
Failure to ensure that each deferred presentment transaction complies with the disclosure requirements of 12 C.F.R., part 226, relating to the federal Truth-in-Lending Act, and Regulation Z of the Board of Governors of the Federal Reserve Board.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(123)
Accepting or holding an undated check or a check dated on a date other than the date on which the deferred presentment provider agreed to hold the check and signed the deferred presentment transaction agreement.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(124)
Failure to hold the drawers check for the agreed number of days, unless the drawer chose to redeem the check before the presentment date.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(125)
Charging an additional fee for issuing or cashing a deferred presentment providers payment instrument, if licensed under Part II of Chapter 560, F.S.
Fine: B
Restitution
Fine: B
Restitution
Suspension: B
Fine: B
Restitution
Revocation
(126)
Requiring a drawer to accept a payment instrument issued by the licensee in lieu of currency in a deferred presentment transaction.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(127)
Engaging in the rollover of a deferred presentment agreement. Redeeming, extending, or otherwise consolidating a deferred presentment agreement with the proceeds of another deferred presentment transaction made by the same deferred presentment provider or an affiliate.
Fine: B
Restitution of any fees received for each subsequent rollover
Fine: B
Restitution of any fees received for each subsequent rollover Suspension: B
Fine: C
Restitution of any fees received for each subsequent rollover Revocation
(128)
Entering into a deferred presentment transaction with a drawer who has an outstanding deferred presentment transaction with that provider or with any other deferred presentment provider, or with a person whose previous deferred presentment transaction with that provider or with any other provider has been terminated for less than 24 hours.
Fine: B
Restitution of any fees received for each subsequent rollover
Fine: B
Restitution of any fees received for each subsequent rollover Suspension: B
Fine: C
Restitution of any fees received for each subsequent rollover Revocation
(129)
Failure to verify whether the deferred presentment provider or an affiliate has an outstanding deferred presentment transaction with a particular person or has terminated a transaction with that person within the previous 24 hours.
Fine: B
Restitution of any fees received for each subsequent rollover
Fine: B
Restitution of any fees received for each subsequent rollover Suspension: B
Fine: C
Restitution of any fees received for each subsequent rollover Revocation
(130)
Failure to access the offices database and verify whether any other deferred presentment provider has an outstanding deferred presentment transaction with a particular person or has terminated a transaction with that person within the previous 24 hours.
Fine: B
Restitution of any fees received for each subsequent rollover
Fine: B
Restitution of any fees received for each subsequent rollover Suspension: B
Fine: C
Restitution of any fees received for each subsequent rollover Revocation
(131)
Failure to provide the notice defined in Section 560.404(20), F.S., in a prominent place on each deferred presentment agreement in at least 14-point type in substantially the form provided by Section 560.404(20), F.S., and must obtain the signature of the drawer where indicated.
Fine: A
Fine: B
Fine: C
Suspension: C
(132)
Presenting a drawers check if the drawer informs the provider in person that the drawer cannot redeem or pay in full in cash the amount due and owing the deferred presentment provider or charging an additional fee or penalty by virtue of any misrepresentation made by the drawer as to the sufficiency of funds in the drawers account.
Fine: A
Restitution
Fine: B
Restitution
Suspension: B
Fine: C
Restitution
Revocation
(133)
Failure to provide a grace period extending the term of an agreement for an additional 60 days after the original termination date, without any additional charge if by the end of the deferment period, the drawer informs the deferred presentment provider in person that the drawer cannot redeem or pay in full in cash the amount due and owing.
Fine: B
Restitution
Fine: C
Restitution
Suspension: C
Fine: C
Restitution
Revocation
(134)
Failure to comply with and adhere to, including depositing the drawers check before the end of the 60-day grace period, a repayment plan that a drawer agrees to comply with and adhere to, which was approved by a credit counseling agency. Discouraging a drawer from using the 60-day grace period.
Fine: B
Restitution
Fine: C
Restitution
Suspension: C
Fine: C
Restitution
Revocation
(135)
Failure to provide verbal notice of the availability of the 60-day grace period consistent with the written notice in Section 560.404(20), F.S.
Fine: A
Fine: B
Fine: C
Suspension: C
(136)
Failure to provide a drawer a list of approved consumer credit counseling agencies prepared by the office.
Fine: A
Fine: B
Fine: C
Suspension: C
(137)
Failure to provide a drawer the written notice in Section 560.404(22)(b)3., F.S., in at least 14-point type in substantially the form in the section detailing the drawers rights under the 60-day grace period.
Fine: A
Fine: B
Fine: C
Suspension: C
(138)
Failure to pay one-half of the drawers fee for a deferred presentment agreement to the consumer credit counseling agency if a drawer completes an approved payment plan.
Fine: A
Fine: B
Fine: C
Suspension: C
(139)
Failure to submit data, including but not limited to the drawers name, social security number or employment authorization alien number, address, drivers license number, amount of the transaction, date of transaction, the date that the transaction is closed, and such additional information as is required by rule before entering into each deferred presentment transaction in order to verify whether any deferred presentment transactions are outstanding for a particular person.
Fine: A
Fine: B
Suspension: B
Fine: C
Suspension: C
(140)
Accepting more than one check or authorization to initiate more than one automated clearinghouse transaction to collect on a deferred presentment transaction for a single deferred presentment transaction.
Fine: A
Fine: B
Fine: C
Suspension: C
(141)
Presenting a drawers check before the end of the deferment period, as reflected in the deferred presentment transaction agreement.
Fine: A
Fine: B
Fine: C
Suspension: C
(142)
Failure to endorse a drawers check with the name under which the deferred presentment provider is doing business before the deferred presentment provider presents the drawers check.
Fine: A
Fine: B
Fine: C
Suspension: C
(143)
Failure to return a drawers check, upon redemption, and provide a signed, dated receipt showing that the drawers check has been redeemed.
Fine: A
Fine: B
Fine: C
Suspension: C
(144)
Sending or collecting on collection notices containing references to treble damages and criminal prosecution used for the collection of worthless check in a deferred presentment transaction.
Fine: A
Fine: B
Suspension: B
Fine: C
Revocation
(145)
Failure to comply with the prohibitions against harassment or abuse, false or misleading representations, and unfair practices that are contained in the Fair Debt Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, 1692f.
Fine: B
Suspension: B
Fine: C
Suspension: B
Fine: C
Revocation
(146)
Assessing the cost of collection, other than charges for insufficient funds as allowed by law, without a judgment from a court of competent jurisdiction for a deferred presentment transaction.
Fine: A
Restitution
Fine: B
Restitution
Suspension: B
Fine: C
Restitution
Revocation
(147) In accordance with this rule:
(a) Depending on the severity and repetition of specific violations, the Office may impose an administrative fine, suspension of a license, or revocation of a license or any combination thereof;
(b) The Office may impose a cease and desist order in conjunction with and in addition to any of the designated sanctions set forth in this rule when appropriate under the circumstances;
(c) Notwithstanding this rule, the Office may, when appropriate, enter orders of removal or prohibition or orders denying applications, and may seek the entry of an injunction and appointment of a receiver by a court of competent jurisdiction; and
(d) The Office will consider the licensees disciplinary history for the past five years in determining an appropriate penalty, and may impose a more severe penalty when the disciplinary history includes past violations.
(148) In accordance with Sections 560.1141(2) and (3), F.S., the Office shall consider the following circumstances in determining an appropriate penalty within the range of penalties prescribed in this rule for each violation as based upon the citation number. The Office also shall consider these circumstances in determining a penalty that deviates from the range of penalties prescribed for each violation and citation number as a result of such circumstances:
(a) Whether the violation rate is less than 5% when compared to the overall sample size reviewed;
(b) The degree of harm to the customers or the public;
(c) The disciplinary history of the licensee;
(d) Whether the licensee detected and voluntarily instituted corrective responses or measures to avoid the recurrence of a violation prior to detection and intervention by the Office;
(e) Whether the licensees violation was the result of willful misconduct or recklessness;
(f) Whether at the time of the violation, the licensee had developed and implemented reasonable supervisory, operational or technical procedures, or controls to avoid the violation;
(g) Where the violation is attributable to an individual officer, director, responsible person, or authorized vendor, whether the licensee removed or otherwise disciplined the individual prior to detection and intervention by the Office;
(h) Whether the licensee attempted to conceal the violation or mislead or deceive the Office;
(i) The length of time over which the licensee engaged in the violations;
(j) Whether the licensee engaged in numerous violations or a pattern of misconduct;
(k) The number, size and character of the transactions in question;
(l) Whether the licensee provided substantial assistance to the Office in its examination or investigation of the underlying misconduct;
(m) Other relevant, case-specific circumstances.
(149) The list of violations cited in this rule is intended to be comprehensive, but the omission of a violation from the list does not preclude the Office from taking any action authorized by Section 560.114, F.S.
(150) The ranges for administrative fines imposed by this rule are $1,000 $3,500 for an A level fine; $3,500 $7,500 for a B level fine; and $7,500 $10,000 for a C level fine.
(151) The ranges for suspensions imposed by this rule are 3 to 10 days for an A level suspension; 10 to 20 days for a B level suspension; and 20 to 30 days for a C level suspension.
Rulemaking Authority 560.105, 560.1141 FS. Law Implemented 560.109, 560.1105, 560.111, 560.114, 560.1141, 560.118, 560.123, 560.1235, 560.125, 560.126, 560.128, 560.204, 560.208, 560.2085, 560.209, 560.210, 560.211, 560.213, 560.303, 560.309, 560.310, 560.403, 560.404, 560.405, 560.406 FS. HistoryNew ________.
