Florida Administrative Code

(1) Every money services business licensed pursuant to Chapter 560, F.S., shall submit an accurate quarterly report to the Office by filing a completed Form OFR-560-04, Money Services Business Quarterly Report Form, electronically through the Office's REAL System at www.flofr.gov…

Rulemaking Authority 560.105(3), 560.118(2)(b) FS. Law Implemented 560.118(2), 560.123 FS. History-New 9-24-97, Amended 12-30-98, 11-4-01, Formerly 3C-560.603, Repealed 7-15-07.

Rulemaking Authority 560.105(3), 560.118(2)(b) FS. Law Implemented 560.118(2), 560.123, 560.210 FS. History-New 9-24-97, Amended 11-4-01, Formerly 3C-560.604, Repealed 7-15-07.

Rulemaking Authority 560.105(3), 560.118(2)(b) FS. Law Implemented 560.118(2), 560.123, 560.210 FS. History-New 9-24-97, Amended 11-4-01, Formerly 3C-560.605, Amended 7-15-07.

(1) Each licensed money transmitter and payment instrument seller shall annually submit financial audit reports to the Office in accordance with Section 560.209(2), F.S., for the licensee's most recent fiscal year. (2) Annual financial audit reports must be received by the Office…

Rulemaking Authority 560.105(3), 560.118(2) FS. Law Implemented 560.118(2) FS. History-New 11-4-01, Formerly 3C-560.607, Repealed 7-15-07.

Currency Transaction Reports, required by Section 560.123, F.S., must be filed with FinCEN using FinCEN Form 112, which is incorporated by reference in Rule 69V-560.1012, F.A.C. Reports filed in this manner shall be deemed to have also been filed with the Office. Rulemaking Autho…

(1) Pursuant to Section 560.1235(1), F.S., licensees and authorized vendors must comply with all state and federal laws and rules relating to the detection and prevention of money laundering, including, as applicable, 31 C.F.R. s. 1022.320, relating to reports by money services b…

Pursuant to Section 560.1235, F.S., all money services businesses shall file with FinCEN using a Report of International Transportation of Currency or Monetary Instruments, electronically or in paper form, on FinCEN Form 105, which is incorporated by reference in Rule 69V-560.101…

Rulemaking Authority 560.105(3) FS. Law Implemented 560.211, 560.310 FS. History-New 9-24-97, Formerly 3C-560.701, Repealed 1-13-09.

(1) A payment instrument seller shall maintain records of the following information, which must be obtained for each issuance or sale of a payment instrument, regardless of the amount: (a) The date of purchase; (b) The serial number(s) or confirmation number of the payment instru…

(1) A money transmitter shall maintain records of the following information for all inbound and outbound transmissions, which must be obtained for each money transmission less than $3,000: (a) The name of the sender; (b) A numbered receipt or confirmation number for each transact…

In addition to the records required in Rule 69V-560.703, F.A.C., the following information must be maintained and made available to the Office upon request, for each transmission involving virtual currency: The type of virtual currency (i.e. - bitcoin, ethereum, ripple, etc.). Th…

(1) For purposes of this rule the term: (a) "Dormant customer" shall include any customer who has not transacted business with the licensee within the past one hundred eighty (180) days. (b) The phrase "its own commercial account" as referenced in Section 560.309(3), F.S., means …

(1) The check cashing database vendor shall operate and maintain a website with the URL and domain name www.FLCCDB.com on behalf of the Office of Financial Regulation, which shall be the means by which real-time access to the check cashing database is made available through an in…

(1) Each check cashing transaction for which the payment instrument cashed is in excess of $1,000 shall be submitted to the check cashing database and receive a transaction confirmation number evidencing the transaction as recorded in the check cashing database prior to a check c…

(1) The check cashing database shall be accessible 24 hours a day every day of the year except for routine scheduled system maintenance and upgrades performed by the check cashing database vendor. During times of scheduled maintenance or system upgrades, check cashers will be giv…

(1) It is unlawful for a check casher to cash corporate checks for a payee where the aggregate face amount of corporate checks cashed for the payee statewide exceeds 200 percent of the payroll amount listed in the payee's current workers' compensation policy. The 200 percent limi…

(1) A foreign currency exchanger shall maintain receipts for each transaction, regardless of the amount. The receipts must include the date of the transaction, the amount and type of currency received and given in exchange. (2) In addition to the above records, foreign currency e…

(1) Every authorized vendor of a money transmitter or payment instrument seller shall maintain at the location registered with the Office all records required by Section 560.211(1), F.S., and Rules 69V-560.702 through 69V-560.703, F.A.C., for at least 5 years, unless a longer per…

(1) Every deferred presentment provider shall maintain the following records at a location which has been designated to the Office: (a) A copy of each personal check, including any authorization to transfer or withdraw funds from an account signed by the drawer, accepted for each…

(1) In addition to the fees established in Section 560.309(8), F.S., a check casher or deferred presentment provider may collect the direct costs associated with verifying a payment instrument holder's identity, residence, employment, credit history, account status, or other nece…

(1) Every check casher must continuously post in a conspicuous place a clearly legible schedule of fees charged in every location and mobile unit. (2) The term "conspicuous place" is defined herein as a place which is reasonably calculated to impart the information to the public.…

(1) Payment shall be made immediately in currency for every payment instrument received by a person engaging in the activities of a check casher. (2) Each deferred presentment provider shall immediately provide the drawer with currency for the full amount of his or her personal c…

For purposes of determining whether a person is engaged in the business of check cashing for which registration is required the following formula will be applied: Compensation for Check Cashing/Foreign Currency Exchange ____________________________________________________________…

Rulemaking Authority 560.105, 560.404(23) FS. Law Implemented 560.404 FS. History-New 12-17-01, Formerly 3C-560.901, Repealed 7-30-12.

(1) The term "provider" means a deferred presentment provider as defined by Section 560.103(12), F.S. (2) The term "close of business" means the time of day that a provider closes its office to the public for that calendar day or 7:00 p.m. at the election of the licensee. (3) The…

(1) A deferred presentment transaction shall be considered terminated at such time as all checks that are the basis of the deferred presentment agreement have been: (a) Redeemed by the drawer by payment to the provider of the face amount of the check in cash; (b) Exchanged by the…

(1) Each deferred presentment transaction agreement must contain the following: (a) For deferred presentment transactions not repayable in installments: 1. The drawer's full name, address, date of birth, either the last five digits of the social security number or full alien regi…

(1) The transaction fee for a deferred presentment transaction not repayable in installments shall be limited to ten percent (10%) of the amount of currency or payment instrument provided to the drawer. A deferred presentment provider may also charge a verification fee in accorda…

(1) The Office shall publish a list of consumer credit counseling agencies by October 1st of each calendar year via the Office's website (www.flofr.gov). The Office will accept requests from consumer credit counseling agencies to be included on the list on an ongoing basis and ma…

(1) The deferred presentmentdatabase vendor shall operate and maintain a website with the URL and domain name www.FLADPP.com on behalf of the Office of Financial Regulation, which shall be the means by which real-time access to the deferred presentmentdatabase is made available t…

(1) Each deferred presentment transaction shall be registered with the deferred presentmentdatabase and receive a transaction authorization number evidencing the transaction as being recorded in the deferred presentmentdatabase prior to a provider giving currency or a payment ins…

(1) The deferred presentmentdatabase shall be accessible 24 hours a day every day of the year except for routine scheduled system maintenance and upgrades performed by the deferred presentmentdatabase vendor. During times of scheduled maintenance or system upgrades, providers wil…

(1) The database transaction fee shall be $1.00 per transaction for deferred presentment transactions not repayable in installments, and $1.00 for each full or partial 30-day period that a balance is scheduled to be outstanding for a deferred presentment installment transaction. …

(1) Any inquiry into the deferred presentment database where the person is deemed ineligible for a new deferred presentment transaction will provide a printable message describing the reason the person was deemed ineligible together with the toll-free support number of the deferr…

(1) Inquiries to the deferred presentment deferred presentment database by providers shall only state that a person is eligible or ineligible for a new deferred presentment transaction together with a description of the reason for such determination. Only information previously r…

(1) Within fifteen (15) business days after ceasing operations or no longer holding a license under Part II or Part III of Chapter 560, F.S., a deferred presentment provider must provide notification to the Office of such action. The notice must be in writing, signed by the defer…

(1) Charges for official fees and insurance which section 520.31(8) and 520.34, F.S., permit to be included in retail installment contracts are to be included only when they can be supported in fact. (2) Charges for documentary excise tax must be supported by attaching documentar…

If the sales finance company discovers that, as a result of an inadvertent clerical error or some other unintentional mistake the finance charge to a buyer is in excess of the amount permitted, or that any other charges in the contract are excessive, it shall immediately notify t…

When a retail installment contract is prepaid and said contract contains a premium charge for credit life and/or accident and health insurance, and the holder is agent for the underwriting company, the act of prepayment will be considered to be an act of cancellation of the insur…

Rulemaking Authority 520.32(2), 520.994(5) FS. Law Implemented 520.32(2) FS. History-New 11-5-87, Amended 5-9-90, 11-11-90, 9-28-94, 8-9-95, 7-10-96, 9-29-96, 12-8-99, Formerly 3D-60.060, Repealed 12-20-07.

Rulemaking Authority 520.32(2), 520.994(5) FS. Law Implemented 520.32(2) FS. History-New 11-11-90, Amended 8-9-95, 7-10-96, 9-29-96, 12-8-99, Formerly 3D-60.065, Repealed 12-20-07.

Rulemaking Authority 520.32(2), (3), 520.994(5) FS. Law Implemented 520.32(2), (3), 520.994(5) FS. History-New 11-5-87, Amended 11-11-90, 12-18-93, 9-29-96, 12-8-99, 12-25-00, Formerly 3D-60.070, Repealed 12-20-07.

Contracts involving doctors, dentists, and other professional people are considered to be in the nature of personal contracts calling for the skill of one particular doctor or dentist selling her or his personal services and would not be considered contracts for the sale of goods…

If the sales finance company discovers that, as a result of an inadvertent clerical error or some other unintentional mistake the finance charge to a buyer is in excess of the amount permitted, or that any other charges in the contract are excessive, it shall immediately notify t…

Rulemaking Authority 520.52(2), 520.994(5) FS. Law Implemented 520.52(2) FS. History-New 11-5-87, Amended 5-9-90, 11-11-90, 9-28-94, 8-9-95, 7-10-96, 9-29-96, 12-8-99, Formerly 3D-70.050, Repealed 12-20-07.

Rulemaking Authority 520.52(2), 520.994(5) FS. Law Implemented 520.52(2) FS. History-New 11-11-90, Amended 8-9-95, 7-10-96, 9-29-96, 12-8-99, Formerly 3D-70.055, Repealed 12-20-07.

Rulemaking Authority 520.52(2), (3), 520.994(5) FS. Law Implemented 520.52(2), (3), 520.994(5) FS. History-New 11-5-87, Amended 11-11-90, 12-18-93, 9-29-96, 12-8-99, 12-25-00, Formerly 3D-70.060, Repealed 12-20-07.

If the home improvement contractor or home improvement finance agency discovers that, as a result of an inadvertent clerical error or some other unintentional mistake the finance charge to the buyer is in excess of the amount permitted, or that any other charges in the contract a…