CopyCited 12 times | Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 255, 2006 Fla. LEXIS 666, 2006 WL 1096679
...would not consider itself bound. Id. In September 1997, the Department promulgated a formal rule addressing deferred presentment transactions. The rule provided that "[a] check casher may accept a postdated check, subject to the fees established in Section 560.309(4), F.S." Fla....
...1994). [2] The Florida Check Cashiers Association is now known as Financial Service Centers of Florida, Inc. [3] Florida Administrative Code Rule 3C-560.803 provided, "A check casher may accept a postdated check, subject to the fees established in Section 560.309(4), F.S." This rule only permitted postdated checks in check cashing transactions....
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CopyCited 9 times | Published | Florida 4th District Court of Appeal | 48 U.C.C. Rep. Serv. 2d (West) 800
...had twelve check cashers for every one or two banks. [8] Drysdale & Keest, at 629 (footnotes omitted). In such areas, the typical check presented for cashing is not a large onea paycheck, child support, social security, or public assistance check. Section 560.309(4)(b) contemplates that such checks will be presented at check cashing outlets; it limits the fee charged for the payment of "any kind of state public assistance or federal social security benefits payable to the bearer." Attractions of check cashing outlets are convenience and speed....
...ent received by a person engaging in the activities of a check casher." Fla. Admin. Code R. 3C-560.804(1). The statute and administrative rules also contemplate that a check cashing business will engage in various types of "verification" of a check. § 560.309....
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Cited as authorityGlicken (2017)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2004 WL 1779079
...funds transmitter"); see also § 560.301 (titled, "Check Cashing and Foreign Currency Exchange Act"). The Code establishes registration and record-keeping requirements as well as imposes a cap on the fees a check casher may charge. See §§
560.303,
560.309,
560.310, Fla....
...n. See id. at 296-97. In the letter, the Department authorized "deferred deposit" transactions provided they were "offered and managed pursuant to the provisions of Chapter 560, Florida Statutes, and specifically within the fee caps contained within section 560.309(4), Florida Statutes." See id....
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Cited as authorityBetts (2006)phrase: "rule_authority"
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2002 WL 1988252
...xpress, Inc., Check Express, Inc. and other "unknown defendants." The Plaintiffs contend that the trial court erred by finding that the transactions between themselves and the Defendants were legally permitted as check cashing activity authorized by section 560.309(4)(c), Florida Statutes, and that these same transactions did not violate Florida's usury laws....
...es Act, Chapter 501, Part II, Florida Statutes. The Defendants contend that the transactions were authorized by Chapter 560, Florida Statutes, and that all charges constituted fees specified by the statutes. We find support for Defendants' position. Section 560.309(4)(a)-(c), Florida Statutes (2000) provides: (4) Exclusive of the direct costs of verification which shall be established by department rule, no check casher shall: (a) Charge fees, except as otherwise provided by this part, in excess...
...money orders in excess of 10 percent of the face amount of those payment instruments, or $5, whichever is greater. Additionally, the Florida Department of Banking and Finance (Department) promulgated a rule capping the verification fee mentioned in section 560.309(4). Rule 3C-560.801(i), Florida Administrative Code, provides: In addition to the fees established in Section 560.309(4), F.S., a check casher may collect the direct costs associated with verifying a payment instrument holder's identity, residence, employment, credit history, account status, or other necessary information prior to cashing the payment instrument....
...he above described services. Again, this analysis is based upon the fact that the deferred deposit service will be offered and managed pursuant to the provisions of Chapter 560, Florida Statutes, and specifically within the fee caps contained within Section 560.309(4), Florida Statutes....
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DisapprovedBetts (2006)phrase: "disapproved by"
Cited as authorityBetts (2006)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 12197, 2003 WL 21946403
...In Ace Cash Express, Betts appealed an order dismissing with prejudice her amended class action complaint against Ace Cash Express, Inc., et. al. Betts contended that the trial court erred by finding that the deferred presentment transactions were legally permitted as a check cashing activity authorized by section 560.309(4)(c), Florida Statutes, and that the transactions did not violate Florida's usury laws....
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Cited as authorityBetts (2006)phrase: "rule_authority"
Cited as authorityBetts (2006)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 12, 2004 WL 19505
...The appellants, Wendy Betts and John Cardegna, filed a class action complaint against the appellees, Ace Cash Express, Inc., Check Express, Inc., and other “Unknown Defendants,” basically asserting that certain transactions involving Ace violated Florida’s usury laws as well as section 560.309(4)(c), Florida Statutes....
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CopyCited 1 times | Florida 4th District Court of Appeal
...The OFR then reviewed
Appellants’ FinCEN filings and determined that Appellants filed no SARs
of the suspicious activity. Appellants failed to file SARs when the total of
checks cashed by corporate customers exceeded the check cashing limits
established for them by Appellants, in violation of section 560.309(5),
Florida Statutes (2024), and rule 69V-560.609(4), Florida Administrative
Code.
The word “implement,” as found in 31 C.F.R....
CopyPublished | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 2825, 2003 WL 738752
...mer financing, small loan companies and domestic building and loan associations. Florida law also regulates the operation of money transmitters, including check cashers. Fla. Stat. Chapter 560 [the “Money Trans *480 mitters’ Code”]. Fla. Stat. § 560.309 (4) provides that: Exclusive of the direct costs of verification which shall be established by department rule, no check casher shall: (a) Charge fees, except as otherwise provided by this part, in excess of 5 percent of the face amount of...
...on it, except upon material facts or circumstances that are substantially the same as those upon which the order or declaratory statement was based. Advance America is a duly qualified and licensed “check casher” within the meaning of Fla. Stat. § 560.309 (4)....
...The Money Transmitter’s Code does not define the term “check.” However, the Department has promulgated Rule 3C-560.803 of the Florida Administrative Code, which states that “[a] cheek casher may accept a postdated check, subject to the fees established in Section 560.309(4), F.S.” The Money Transmitter’s Code empowers the Department to “issue orders and declaratory statements, disseminate information, and otherwise exercise its discretion to effectuate the purposes, policies, and provisions of the code and to adopt rules pursuant to ss....
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Cited as authorityBessinger (2003)phrase: "rule_authority"
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
that in addition to the fees established in section
560.309(4), Florida Statutes, a check casher may collect
