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Florida Statute 560.125 | Lawyer Caselaw & Research
F.S. 560.125 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 560.125

The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 560
MONEY SERVICES BUSINESSES
View Entire Chapter
F.S. 560.125
560.125 Unlicensed activity; penalties.
(1) A person may not engage in the business of a money services business or deferred presentment provider in this state unless the person is licensed or exempted from licensure under this chapter. A deferred presentment transaction conducted by a person not authorized to conduct such transaction under this chapter is void, and the unauthorized person has no right to collect, receive, or retain any principal, interest, or charges relating to such transaction.
(2) Only a money services business licensed under part II of this chapter may appoint an authorized vendor. Any person acting as a vendor for an unlicensed money transmitter or payment instrument issuer becomes the principal thereof, and no longer merely acts as a vendor, and is liable to the holder or remitter as a principal money transmitter or payment instrument seller.
(3) Any person whose substantial interests are affected by a proceeding brought by the office pursuant to this chapter may, pursuant to s. 560.113, petition any court of competent jurisdiction to enjoin the person or activity that is the subject of the proceeding from violating any of the provisions of this section. For the purpose of this subsection, any money services business licensed under this chapter, any person residing in this state, and any person whose principal place of business is in this state are presumed to be substantially affected. In addition, the interests of a trade organization or association are deemed substantially affected if the interests of any of its members are affected.
(4) The office may issue and serve upon any person who violates any of the provisions of this section a complaint seeking a cease and desist order or impose an administrative fine as provided in s. 560.114.
(5) A person who violates this section, if the violation involves:
(a) Currency, monetary value, payment instruments, or virtual currency of a value exceeding $300 but less than $20,000 in any 12-month period, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Currency, monetary value, payment instruments, or virtual currency of a value totaling or exceeding $20,000 but less than $100,000 in any 12-month period, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) Currency, monetary value, payment instruments, or virtual currency of a value totaling or exceeding $100,000 in any 12-month period, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) In addition to the penalties authorized by s. 775.082, s. 775.083, or s. 775.084, a person who has been convicted of, or entered a plea of guilty or nolo contendere to, having violated this section may be sentenced to pay a fine of up to the greater of $250,000 or twice the value of the currency, monetary value, payment instruments, or virtual currency, except that on a second or subsequent violation of this section the fine may be up to the greater of $500,000 or quintuple the value of the currency, monetary value, payment instruments, or virtual currency.
(7) A person who violates this section is also liable for a civil penalty of up to the greater of the value of the currency, monetary value, payment instruments, or virtual currency involved or $25,000.
(8) In any prosecution brought pursuant to this section, the common law corpus delicti rule does not apply. The defendant’s confession or admission is admissible during trial without the state having to prove the corpus delicti if the court finds in a hearing conducted outside the presence of the jury that the defendant’s confession or admission is trustworthy. Before the court admits the defendant’s confession or admission, the state must prove by a preponderance of the evidence that there is sufficient corroborating evidence that tends to establish the trustworthiness of the statement by the defendant. Hearsay evidence is admissible during the presentation of evidence at the hearing. In making its determination, the court may consider all relevant corroborating evidence, including the defendant’s statements.
History.s. 1, ch. 94-238; s. 1, ch. 94-354; s. 9, ch. 2000-360; s. 705, ch. 2003-261; s. 20, ch. 2008-177; s. 4, ch. 2014-81; s. 4, ch. 2022-113.

F.S. 560.125 on Google Scholar

F.S. 560.125 on Casetext

Amendments to 560.125


Arrestable Offenses / Crimes under Fla. Stat. 560.125
Level: Degree
Misdemeanor/Felony: First/Second/Third

S560.125 - PUBLIC ORDER CRIMES - UNLAWFUL MONEY TRANSMITTER BUSINESS - F: T
S560.125 5a - FRAUD - MONEY SERVICE BUSINESS UNAUTH PERSON $300-$20K - F: T
S560.125 5b - FRAUD - MONEY SERVICE BUSINESS UNAUTH PERS $20K-$100K - F: S
S560.125 5c - FRAUD - MONEY SERVICE BUSINESS UNAUTH PERSON $100K+ - F: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. ESPINOZA,, 264 So. 3d 1055 (Fla. App. Ct. 2019)

. . . payment instrument seller without being registered with the State of Florida in violation of section 560.125 . . . Section 560.125, Florida Statutes (2013), provides, in pertinent part, as follows: (1) A person may not . . . (1) and 560.125(5)(a). . . . After Espinoza's arrest, the Legislature amended section 560.125(1) to include the following language . . . See § 560.125(1), Fla. Stat. (2014). . . .

UNITED STATES v. R. MURGIO,, 209 F. Supp. 3d 698 (S.D.N.Y. 2016)

. . . . § 560.125(1). . . .

STATE v. EXANTUS,, 59 So. 3d 359 (Fla. Dist. Ct. App. 2011)

. . . a money transmitter and money laundering in excess of $20,000 and less than $100,000 under sections 560.125 . . . of the circumstances, whether there was probable cause that Exantus acted unlawfully under sections 560.125 . . .

A. CARWISE, v. STATE, 821 So. 2d 308 (Fla. Dist. Ct. App. 2002)

. . . See Sections 92.565 and 560.125(8), Florida Statutes. . . . .

In FORFEITURE OF ONE HUNDRED SEVENTY- ONE THOUSAND NINE HUNDRED DOLLARS IN UNITED STATES CURRENCY, 711 So. 2d 1269 (Fla. Dist. Ct. App. 1998)

. . . Petition also asserted that Ledezma was carrying currency without a license, a felony violation of section 560.125 . . . See § 560.125, Fla. Stat. (1995). . . . See § 560.125(1),(4), Fla. Stat. (1995). . . .

ASHE, v. R. SWENSON,, 399 F.2d 40 (8th Cir. 1968)

. . . convicted in Jackson County, Missouri, Circuit Court in December 1952 for second degree burglary (§ 560.125 . . .