Changes in Check Cashing Laws - HB 1185
Summary
FL OFR issued an industry alert notifying licensed check cashers of House Bill 1185, which creates new restrictions on cashing corporate checks under s. 560.309(11), F.S. The bill prohibits cashing corporate checks exceeding 200% of the payee's workers' compensation policy payroll amount and makes knowing and willful violations a third-degree felony. The law takes effect July 1, 2023.
What changed
House Bill 1185 creates a new prohibition under s. 560.309(11), F.S., restricting licensed check cashers from cashing corporate checks where the aggregate face amount for each payee exceeds 200% of the payee's workers' compensation policy payroll during the same coverage period. The bill also amends s. 560.111, F.S., making any knowing and willful violation of this new subsection a third-degree felony, punishable under ss. 775.082, 775.083, or 775.084, F.S.
Licensed check cashers must ensure their compliance systems can track the aggregate amount of corporate checks cashed per payee against the payee's workers' compensation policy payroll. Entities must be operational and compliant by July 1, 2023. Failure to comply with the new restriction constitutes a criminal offense carrying potential incarceration and fines under Florida law.
What to do next
- Implement tracking systems to monitor aggregate corporate check amounts per payee against the 200% threshold of workers' compensation policy payroll
- Verify payroll amounts and workers' compensation policy coverage dates before processing corporate checks
- Ensure compliance with the new restriction by the effective date of July 1, 2023
Penalties
Third-degree felony under ss. 775.082, 775.083, or 775.084, Florida Statutes, for knowingly and willfully violating the new s. 560.309(11), F.S.
Source document (simplified)
Industry Alert: Changes in Check Cashing Laws
06/27/2023
Tallahassee, Fla. - Today, the Office of Financial Regulation (OFR) notified all licensed check cashers of statutory changes to chapter 560, Florida Statutes, related to cashing corporate checks.
House Bill 1185 was signed into law on May 24, 2023, and becomes effective July 1, 2023. The bill makes the following changes to chapter 560, Florida Statutes:
Creates subsection 560.309(11), Florida Statutes, which prohibits a licensed check casher from cashing “corporate checks where the aggregate face amount of all corporate checks cashed for each payee exceeds 200 percent of the payee’s workers’ compensation policy payroll amount during the same dates as the worker’s compensation policy coverage period.”
Amends section 560.111 making it a prohibited act to knowingly and willfully violate the new subsection 560.309(11), Florida Statutes. A person who knowingly and willfully violates this new law commits a felony of the third degree, punishable as provided in sections 775.082, 775.083, or 775.084, Florida Statutes.
The Office of Financial Regulation maintains a list of compliance tips located on its website at OFR Division of Consumer Finance (flofr.gov) which provides information to help licensees comply with all laws. Licensees are encouraged to maintain full knowledge and awareness of statutory laws and rules applicable to their business operations.
Visit www.flofr.gov or call (850) 487-9687 for additional questions not covered in the compliance tips.
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