Florida Statute 560.105 - Full Text and Legal Analysis

The 2025 Florida Statutes

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

Chapter 560
MONEY SERVICES BUSINESSES

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560.105 Supervisory powers; rulemaking.—

(1) The office shall:

(a) Supervise all money services businesses and their authorized vendors.

(b) Have access to the books and records of persons the office supervises as necessary to carry out the duties and functions of the office under this chapter.

(c) Issue orders and declaratory statements, disseminate information, and otherwise administer and enforce this chapter and all related rules in order to effectuate the purposes, policies, and provisions of this chapter.

(2) The commission may adopt rules pursuant to ss. 120.536(1) and 120.54 to administer this chapter.

(a) The commission may adopt rules requiring electronic submission of any forms, documents, or fees required by this chapter, which must reasonably accommodate technological or financial hardship and provide procedures for obtaining an exemption due to a technological or financial hardship.

(b) Rules adopted to regulate money services businesses, including deferred presentment providers, must be responsive to changes in economic conditions, technology, and industry practices.

History.—s. 1, ch. 94-238; s. 1, ch. 94-354; s. 185, ch. 98-200; s. 688, ch. 2003-261; s. 53, ch. 2006-213; s. 3, ch. 2008-177.

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Amendments to 560.105

Annotations, Discussions, Cases:

Cases Citing Statute 560.105

Total Results: 5 | Sort by: Relevance | Newest First

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McKenzie Check Advance of Florida v. Betts, 928 So. 2d 1204 (Fla. 2006).

Cited 12 times | Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 255, 2006 Fla. LEXIS 666, 2006 WL 1096679

...Moreover, "cashing" was defined as "providing currency for payment instruments, except for travelers checks and foreign-drawn payment instruments." § 560.302(1). Finally, the Department of Banking and Finance was charged with interpreting and enforcing the Code. §§ 560.102(1), 560.105....

...ent of Banking and Finance, which has express statutory authority "to issue and publish rules . . . to interpret and implement the provisions of the code," as well as the "discretion to effectuate the purposes, policies, and provisions of the code." § 560.105(3), Fla....

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Betts v. McKenzie Check Advance of Florida, LLC, 879 So. 2d 667 (Fla. 4th DCA 2004).

Cited 5 times | Published | Florida 4th District Court of Appeal | 2004 WL 1779079

...s may be flexible and readily responsive to changes in economic conditions." § 560.102(1), (2)(h), Fla. Stat. (Supp.1994) and Fla. Stat. (2001). To that end, the Department has supervisory, investigatory, enforcement, and disciplinary powers. See §§ 560.105, 560.108; 560.109, 560.112, 560.113, 560.114, Fla....

...Among the Department's supervisory powers is the "[p]ower to issue and publish rules, orders, and declaratory statements, disseminate information, and otherwise exercise its discretion to effectuate the purposes, policies, and provisions of the code and to interpret and implement the provisions of the code." § 560.105(3), Fla....

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State v. Espinoza, 264 So. 3d 1055 (Fla. 3d DCA 2019).

Cited 4 times | Published | Florida 3rd District Court of Appeal

...g a service "where a Coinbase user sends fiat currency to another Coinbase user to buy bitcoins" was subject to regulation thereunder. See In re Coinbase, Inc. , Case No. 62670 (Fla. OFR November 13, 2015) (available from the agency clerk); see also § 560.105, Fla....

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State v. Espinoza, 264 So. 3d 1055 (Fla. 3d DCA 2019).

Published | Florida 3rd District Court of Appeal

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Betts v. Advance Am., 213 F.R.D. 466 (M.D. Fla. 2003).

Published | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 2825, 2003 WL 738752

...atements, disseminate information, and otherwise exercise its discretion to effectuate the purposes, policies, and provisions of the code and to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of the code.” Fla. Stat. § 560.105 (3)....

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