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Committee/Subcommittee Amendment No. 1 to PCS for CS/HB 939 (2024)

Summary

Committee/subcommittee amendment, Amendment No. 1 (with title amendment), offered by Representative Griffitts at the Commerce Committee hearing on PCS for CS/HB 939 (2024). The inserted text lists grounds including failing to cooperate in an investigation and failing to timely file a termination-of-access report with the office. Section 3 amends section 280.054, Florida Statutes, administrative penalty in lieu of suspension or disqualification, under which the Chief Financial Officer may penalize a qualified public depository up to $1,000 for each knowing and willful violation of a lawful order or rule. Each day a violation continues is a separate violation, and failing to timely file an attestation is deemed knowing and willful.

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Cite this document

“Committee/Subcommittee Amendment No. 1 to PCS for CS/HB 939 (2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-3220-commerce-committee-proposed-committee-bill-amendments-fn-pcs-58b1c79164/, SHA-256 4f6c3e1ab213985932470e15ae5dabbaeb2c8b52e9aca5f802a60f5b8964c5c4.

Full text

                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                        Bill No. PCS for CS/HB 939      (2024)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                          (Y/N)
       ADOPTED AS AMENDED               (Y/N)
       ADOPTED W/O OBJECTION            (Y/N)
       FAILED TO ADOPT                  (Y/N)
       WITHDRAWN                        (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:       Commerce Committee
 2     Representative Griffitts offered the following:
 3
 4          Amendment (with title amendment)
 5          Remove lines 149-176 and insert:
 6     restricting access to a customer's or member's account, or
 7     failed to cooperate in an investigation conducted pursuant to s.
 8     655.49(3), including, without limitation, failing to timely file
 9     a termination-of-access report with the office.
10          Section 3.     Paragraph (b) of subsection (1) of section
11     280.054, Florida Statutes, is amended to read:
12          280.054   Administrative penalty in lieu of suspension or
13     disqualification.—
14          (1)    If the Chief Financial Officer finds that one or more
15     grounds exist for the suspension or disqualification of a
16     qualified public depository, the Chief Financial Officer may, in
     PCS for CSHB 939 a1
      Published On: 2/21/2024 9:50:07 PM
                                    Page 1 of 2
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                        Bill No. PCS for CS/HB 939   (2024)
       Amendment No. 1


17     lieu of suspension or disqualification, impose an administrative
18     penalty upon the qualified public depository.
19          (b)    With respect to any knowing and willful violation of a
20     lawful order or rule, the Chief Financial Officer may impose a
21     penalty upon the qualified public depository in an amount not
22     exceeding $1,000 for each violation. If restitution is due, the
23     qualified public depository shall make restitution upon the
24     order of the Chief Financial Officer and shall pay interest on
25     such amount at the legal rate. Each day a violation continues
26     constitutes a separate violation. Each of the following Failure
27     to timely file the attestation required under s. 280. 025 is
28     deemed a knowing and willful violation by the qualified public
29     depository:
30          1.    Failure to timely file the attestation required under
31     s. 280.025.
32          2.    Bad faith termination, suspension, or similar action
33     restricting access to a customer's or member's account, as
34
35           -----------------------------------------------------
36                         T I T L E   A M E N D M E N T
37          Remove lines 48-56 and insert:
38     considered to have occurred on a specified date; creating s.
39     655.49, F.S.; authorizing the




     PCS for CSHB 939 a1
      Published On: 2/21/2024 9:50:07 PM
                                   Page 2 of 2


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