The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 560
MONEY SERVICES BUSINESSES

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F.S. 560.111

560.111 Prohibited acts.—

(1) A money services business, authorized vendor, or affiliated party may not:

(a) Receive or possess any 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.

(b) Embezzle, abstract, or misapply any money, property, or thing of value belonging to the money services business, an authorized vendor, or customer with intent to deceive or defraud.

(c) Make any false entry in its books, accounts, reports, files, or documents with intent to deceive or defraud another person, or with intent to deceive the office, any appropriate regulator, or any authorized third party appointed by the office to examine or investigate the affairs of the money services business or authorized vendor.

(d) Engage in an act that violates 18 U.S.C. s. 1956, 18 U.S.C. s. 1957, 18 U.S.C. s. 1960, 31 U.S.C. s. 5324, or any other law, rule, or regulation of another state or the United States relating to a money services business, deferred presentment provider, or usury which may cause the denial or revocation of a money services business or deferred presentment provider license or the equivalent in that jurisdiction.

(e) File with the office, sign as a duly authorized representative, or deliver or disclose, by any means, to the office or any of its employees any examination report, report of condition, report of income and dividends, audit, account, statement, file, or document known by it to be fraudulent or false as to any material matter.

(f) Place among the assets of a money services business or authorized vendor any note, obligation, or security that the money services business or authorized vendor does not own or is known to be fraudulent or otherwise worthless, or to represent to the office that any note, obligation, or security is the property of the money services business or authorized vendor and is genuine if it is known to be fraudulent or otherwise worthless.

(g) Knowingly possess any fraudulent identification paraphernalia. This paragraph does not prohibit the maintenance and retention of any records required by this chapter.

(2) A person may not knowingly execute, or attempt to execute, a scheme or artifice to defraud a money services business or authorized vendor, or obtain the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a money services business or authorized vendor, by means of false or fraudulent pretenses, representations, or promises.

(3) A person other than the conductor of a payment instrument may not provide a licensee engaged in cashing the payment instrument with the customer’s personal identification information.

(4) Any person who violates any provision of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) Any person who willfully violates any provision of s. 560.403, s. 560.404, or s. 560.405 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) A person who knowingly and willfully violates s. 560.309(11) or s. 560.310(2)(d) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 1, ch. 94-238; s. 1, ch. 94-354; s. 2, ch. 97-59; s. 4, ch. 2000-360; s. 2, ch. 2001-119; s. 694, ch. 2003-261; s. 8, ch. 2008-177; s. 67, ch. 2009-21; s. 3, ch. 2012-85; s. 1, ch. 2014-81; s. 4, ch. 2018-26; s. 5, ch. 2023-130.

F.S. 560.111 on Google Scholar

F.S. 560.111 on Casetext

Amendments to 560.111

Arrestable Offenses / Crimes under Fla. Stat. 560.111

Level: Degree
Misdemeanor/Felony: First/Second/Third

S560.111 1a - FRAUD - MONEY SERVICES TAKE PROPERTY OMIT TRUE ENTRY - F: T

S560.111 1b - FRAUD - MONEY SERVICES EMBEZZLE MISAPPLY MONEY PROP - F: T

S560.111 1c - FRAUD-FALSE STATEMENT - MONEY SERVICES MAKE FALSE ENTRIES ACCOUNTS ETC - F: T

S560.111 1d - FRAUD - MONEY SERVICES VIOL FEDERAL STATE LAWS - F: T

S560.111 1e - FRAUD-FALSE STATEMENT - MONEY SERVICES FILE FALSE INFO WITH OFR - F: T

S560.111 1e - FRAUD - RENUMBERED. SEE RECORD # 7264 - F: T

S560.111 1f - FRAUD - MONEY SERVICES USE FRAUDULENT WORTHLESS ASSETS - F: T

S560.111 1g - FRAUD - MONEY SVCS KNOWING POSS FRAUD ID PARAPHERNALIA - F: T

S560.111 2 - FRAUD - DEFRAUD MONEY SERVICES BUSINESS OR VENDOR - F: T

S560.111 3 - FRAUD - PERSON NOT CONDUCTOR PROVIDE CUST PER ID INFO - F: T

S560.111 5 - FRAUD - UNLICENSED DEFERRED PRESENTMENT PROVIDER - F: T

S560.111 5 - FRAUD - VIOL DEFERRED PRESENTMENT PROVIDER REGS - F: T

S560.111 5 - FRAUD - PROVIDER PRESENT DRAWER CHECK BEFORE DATE DUE - F: T

S560.111 6 - FRAUD - CHK CASHIER EXCHGR FAIL KEEP REC 1000D OR GRTR - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

COMPANIA DE ELABORADOS DE CAF El C. A. v. CARDINAL CAPITAL MANAGEMENT, INC., 401 F. Supp. 2d 1270 (S.D. Fla. 2003)

. . . Plaintiffs further maintain that Sections 517.12, 560.111, 655.50, and 517.301, Florida Statutes, impose . . . Section 560.111, Fla. . . . As discussed in the November 4, 2003 Order, Plaintiffs argued that Sections 517.12, 560.111, 655.50 and . . .