Read the full stored bill text
Florida Senate
-
2026
CS for CS for SB 314
By
the Committees on Rules; and Banking and Insurance; and
Senator Burton
595-03180-26 2026314c2
1 A bill to be entitled
2 An act relating to payment stablecoin; amending s.
3 560.103, F.S.; revising the definition of the term
4 “money services business”; defining terms; amending s.
5 560.123, F.S.; revising the Florida Control of Money
6 Laundering in Money Services Business Act to include
7 payment stablecoins; requiring certain payment
8 stablecoin issuers to comply with certain regulations;
9 requiring qualified payment stablecoin issuers to
10 submit a specified certification to the Office of
11 Financial Regulation annually; requiring the office to
12 make such certifications available to the Secretary of
13 the Treasury upon request; authorizing the office to
14 revoke the license of qualified payment stablecoin
15 issuers under certain circumstances; providing
16 criminal penalties; amending s. 560.125, F.S.;
17 revising the circumstances relating to violations of
18 certain provisions; revising penalties; creating part
19 V of ch. 560, F.S., entitled “Payment Stablecoin
20 Issuers”; creating s. 560.501, F.S.; defining terms;
21 prohibiting persons from engaging in the activity of a
22 qualified payment stablecoin issuer without being
23 licensed or exempted from licensure; requiring the
24 office to give a specified written notice under
25 certain circumstances; providing applicability;
26 requiring out-of-state state-qualified payment
27 stablecoin issuers to provide a specified written
28 notice to the office within a specified timeframe;
29 specifying that certain transactions are not regulated
30 under certain provisions; specifying that certain
31 stablecoin is not a security and not subject to
32 certain provisions; requiring certain qualified
33 payment stablecoin issuers to comply with certain
34 requirements under certain circumstances; requiring
35 certain qualified payment stablecoin issuers to
36 provide a specified notice to the office; specifying
37 that qualified payment stablecoin issuers are subject
38 to certain provisions under certain circumstances;
39 specifying that the office remains solely responsible
40 for supervising qualified payment stablecoin issuers
41 or is jointly responsible with the United States
42 Office of the Comptroller of the Currency for such
43 supervision under certain circumstances; authorizing
44 the office to enter into an specified agreement;
45 creating s. 560.502, F.S.; requiring applicants
46 seeking to be a qualified payment stablecoin issuer to
47 submit a specified application to the office;
48 specifying requirements of such application; requiring
49 the office to comply with certain requirements;
50 authorizing certain information to be incorporated
51 into other licensing application forms; creating s.
52 560.503, F.S.; specifying that licensed qualified
53 payment stablecoin issuers may only engage in certain
54 activities; creating s. 560.504, F.S.; requiring
55 qualified payment stablecoin issuers to comply with
56 certain requirements; providing criminal penalties;
57 prohibiting qualified payment stablecoin issuers from
58 engaging in certain conduct; creating s. 560.505,
59 F.S.; requiring the office to submit initial
60 certification to a specified committee on a specified
61 form in accordance with a specified timeline;
62 requiring the office to submit a specified additional
63 certification no later than a specified date;
64 requiring the office to comply with certain
65 requirements; creating s. 560.506, F.S.; requiring the
66 Financial Services Commission to adopt specified
67 rules; amending s. 655.50, F.S.; revising the
68 definition of the term “monetary instruments”;
69 requiring qualified payment stablecoin issuers to
70 comply with certain provisions; requiring qualified
71 payment stablecoin issuers to submit to the office a
72 specified certification no later than a specified
73 date; requiring the office to make such certification
74 available to the Secretary of the Treasury upon
75 request; authorizing the office to revoke the license
76 of qualified payment stablecoin issuers under certain
77 circumstances; providing criminal penalties; amending
78 s. 658.19, F.S.; revising the application requirements
79 for the application for authority to organize a bank
80 or trust company; creating s. 658.997, F.S.; defining
81 terms; prohibiting a trust company from engaging in
82 the activity of a qualified payment stablecoin issuer
83 unless the trust company obtains a certificate of
84 approval or is exempted from such certificate;
85 requiring a trust company to request a specified
86 certificate in conjunction with a specified
87 application to obtain such certificate or apply for
88 the certificate; specifying application requirements;
89 requiring the office to comply with certain
90 requirements; requiring that the application be deemed
91 approved under certain circumstances; providing that
92 denial of an application does not prohibit an
93 applicant from filing a subsequent application;
94 specifying that failure to comply with certain
95 provisions is considered good cause for revocation of
96 a certificate of approval; requiring the office to
97 give a specified notice to a qualified payment
98 stablecoin issuer within a specified timeframe;
99 providing applicability; requiring out-of-state state
100 qualified payment stablecoin issuers to provide a
101 specified written notice to the office within a
102 specified timeframe; specifying that certain
103 transactions are not regulated under certain
104 provisions; specifying that certain stablecoin is not
105 a security and not subject to certain provisions;
106 requiring certain qualified payment stablecoin issuers
107 to comply with certain requirements under certain
108 circumstances; requiring certain qualified payment
109 stablecoin issuers to provide a specified notice to
110 the office; specifying that qualified payment
111 stablecoin issuers are subject to certain provisions
112 under certain circumstances; specifying that the
113 office remains solely responsible for supervising
114 qualified payment stablecoin issuers or is jointly
115 responsible with the United States Office of the
116 Comptroller of the Currency for such supervision under
117 certain circumstances; authorizing the office to enter
118 into an specified agreement; authorizing qualified
119 payment stablecoin issuers to engage in certain
120 activities; requiring qualified payment stablecoin
121 issuers to comply with certain requirements;
122 prohibiting qualified payment stablecoin issuers from
123 engaging in certain conduct; requiring that the
124 office’s initial and annual recertification include
125 certain information; providing for certain rule
126 adoption by the commission; providing effective dates.
127
128 Be It Enacted by the Legislature of the State of Florida:
129
130 Section 1. Present subsections (17) through (32), (33),
131 (34), and (35) and (36) through (39) of section 560.103, Florida
132 Statutes, as amended by chapter 2025-100, Laws of Florida, are
133 redesignated as subsections (18) through (33), (35), (36), and
134 (37), and (39) through (42), respectively, new subsections (17)
135 and (34) and subsection (38) are added to that section, and
136 present subsection (25) of that section is amended, to read:
137 560.103 Definitions.—As used in this chapter, the term:
138
(17) “Federal-qualified payment stablecoin issuer” means
139
any of the following:
140
(a) A nonbank entity, other than a state-qualified payment
141
stablecoin issuer, approved by the Office of the Comptroller of
142
the Currency to issue payment stablecoins.
143
(b) An uninsured national bank that is chartered by the
144
Office of the Comptroller of the Currency pursuant to title LXII
145
of the Revised Statutes and is approved to issue payment
146
stablecoins. As used in this section, the term “national bank”
147
has the same meaning as in the GENIUS Act, Pub. L. No. 119-27.
148
(c) A federal branch that is approved by the Office of the
149
Comptroller of the Currency to issue payment stablecoins. For
150
purposes of this section, the term “federal branch” has the same
151
meaning as in section 3 of the Federal Deposit Insurance Act, 12
152
U.S.C. s. 1813.
153
(26)
(25)
“Money services business” means any person located
154 in or doing business in this state, from this state, or into
155 this state from locations outside this state or country who acts
156 as a payment instrument seller, foreign currency exchanger,
157 check casher,
or
money transmitter,
or qualified payment
158
stablecoin issuer
.
159
(34)
“Payment stablecoin” means a digital asset that meets
160
all of the following requirements:
161
(a)1.
Is, or is designed to be, used as a means of payment
162
or settlement; and
163
2. The issuer of which:
164
a. Is obligated to convert, redeem, or repurchase the
165
digital asset for a fixed amount of monetary value, not
166
including a digital asset denominated in a fixed amount of
167
monetary value.
168
b. Represents that such issuer will maintain, or create the
169
reasonable expectation that it will maintain, a stable value
170
relative to the value of a fixed amount of monetary value.
171
(b)
The term does not include a digital asset that is any
172
of the following:
173
1. A national currency. For purposes of this subparagraph,
174
the term “national currency” means each of the following:
175
a. A Federal Reserve note as the term is used in the first
176
undesignated paragraph of s. 16 of the Federal Reserve Act, 12
177
U.S.C. s. 411.
178
b. Money standing to the credit of an account with a
179
Federal Reserve Bank.
180
c. Money issued by a foreign central bank.
181
d. Money issued by an intergovernmental organization
182
pursuant to an agreement by two or more governments.
183
2. A deposit as defined in s. 3 of the Federal Deposit
184
Insurance Act, 12 U.S.C. s. 1813, including a deposit recorded
185
using distributed ledger technology. For purposes of this
186
subparagraph, the term “distributed ledger” means technology in
187
which data is shared across a network that creates a public
188
digital ledger of verified transactions or information among
189
network participants and cryptography is used to link the data
190
to maintain the integrity of the public ledger and execute other
191
functions.
192
3. A security, as defined in s. 517.021, s. 2 of the
193
Securities Act of 1933, 15 U.S.C. s. 77b, s. 3 of the Securities
194
and Exchange Act of 1934, 15 U.S.C. s. 78c, or s. 2 of the
195
Investment Company Act of 1940, 15 U.S.C. s. 80a-2.
196
(c)
As used in this subsection, the term “digital asset”
197
means any digital representation of value recorded on a
198
cryptographically secured digital ledger.
199
(38)
“Qualified payment stablecoin issuer” means an entity
200
that:
201
(a) Is legally established under the laws of a state and
202
approved to issue payment stablecoins by the office; and
203
(b) Is not an uninsured national bank chartered by the
204
Comptroller pursuant to title LXII of the Revised Statutes, a
205
federal branch, an insured depository institution, or a
206
subsidiary of such national bank, federal branch, or insured
207
depository institution. The terms “national bank” and “federal
208
branch” have the same meaning as in subsection (17). The term
209
“insured depository institution” has the same meaning as defined
210
in s. 3 of the Federal Deposit Insurance Act, 12 U.S.C. s. 1813,
211
and an insured credit union.
212 Section 2. Effective October 1, 2026, present subsection
213 (9) of section 560.123, Florida Statutes, is redesignated as
214 subsection (10), a new subsection (9) is added to that section,
215 and subsections (2), (3), and (8) of that section are amended,
216 to read:
217 560.123 Florida Control of Money Laundering in Money
218 Services Business Act.—
219 (2) The purpose of this section is to require the
220 maintenance of certain records of transactions involving
221 currency, monetary value, payment instruments,
or
virtual
222 currency
, or payment stablecoins
in order to deter the use of a
223 money services business to conceal proceeds from criminal
224 activity and to ensure the availability of such records for
225 criminal, tax, or regulatory investigations or proceedings.
226 (3) A money services business shall keep a record, as
227 prescribed by the commission, of each financial transaction
228 occurring in this state which it knows to involve currency,
229 monetary value, a payment instrument,
or
virtual currency
, or a
230
payment stablecoin
having a value greater than $10,000; to
231 involve the proceeds of specified unlawful activity; or to be
232 designed to evade the reporting requirements of this section or
233 chapter 896. The money services business must maintain
234 appropriate procedures to ensure compliance with this section
235 and chapter 896.
236 (a) Multiple financial transactions shall be treated as a
237 single transaction if the money services business has knowledge
238 that they are made by or on behalf of any one person and result
239 in value in or value out totaling a value of more than $10,000
240 during any day.
241 (b) A money services business may keep a record of any
242 financial transaction occurring in this state, regardless of the
243 value, if it suspects that the transaction involves the proceeds
244 of unlawful activity.
245 (c) The money services business must file a report with the
246 office of any records required by this subsection, at such time
247 and containing such information as required by rule. The timely
248 filing of the report required by 31 U.S.C. s. 5313 with the
249 appropriate federal agency shall be deemed compliance with the
250 reporting requirements of this subsection unless the reports are
251 not regularly and comprehensively transmitted by the federal
252 agency to the office.
253 (d) A money services business, or control person, employee,
254 or agent thereof, that files a report in good faith pursuant to
255 this section is not liable to any person for loss or damage
256 caused in whole or in part by the making, filing, or
257 governmental use of the report, or any information contained
258 therein.
259 (8)(a) Except as provided in paragraph (b), a person who
260 willfully violates any provision of this section commits a
261 misdemeanor of the first degree, punishable as provided in s.
262 775.082 or s. 775.083.
263 (b) A person who willfully violates any provision of this
264 section, if the violation involves:
265 1. Currency, monetary value, payment instruments,
or
266 virtual currency
, or payment stablecoins
of a value exceeding
267 $300 but less than $20,000 in any 12-month period, commits a
268 felony of the third degree, punishable as provided in s.
269 775.082, s. 775.083, or s. 775.084.
270 2. Currency, monetary value, payment instruments,
or
271 virtual currency
, or payment stablecoins
of a value totaling or
272 exceeding $20,000 but less than $100,000 in any 12-month period,
273 commits a felony of the second degree, punishable as provided in
274 s. 775.082, s. 775.083, or s. 775.084.
275 3. Currency, monetary value, payment instruments,
or
276 virtual currency
, or payment stablecoins
of a value totaling or
277 exceeding $100,000 in any 12-month period, commits a felony of
278 the first degree, punishable as provided in s. 775.082, s.
279 775.083, or s. 775.084.
280 (c) In addition to the penalties authorized by s. 775.082,
281 s. 775.083, or s. 775.084, a person who has been convicted of,
282 or entered a plea of guilty or nolo contendere, regardless of
283 adjudication, to having violated paragraph (b) may be sentenced
284 to pay a fine of up to the greater of $250,000 or twice the
285 value of the currency, monetary value, payment instruments,
or
286 virtual currency,
or payment stablecoins,
except that on a
287 second or subsequent conviction for or plea of guilty or nolo
288 contendere, regardless of adjudication, to a violation of
289 paragraph (b), the fine may be up to the greater of $500,000 or
290 quintuple the value of the currency, monetary value, payment
291 instruments,
or
virtual currency
, or payment stablecoins
.
292 (d) A person who violates this section is also liable for a
293 civil penalty of up to the greater of the value of the currency,
294 monetary value, payment instruments,
or
virtual currency
, or
295
payment stablecoins
involved or $25,000.
296
(9) A qualified payment stablecoin issuer must comply with
297
any anti-money laundering provisions in the GENIUS Act under
298
Pub. L. No. 119-27, which includes, but is not limited to,
299
provisions relating to economic sanctions, prevention of money
300
laundering, customer identification, and due diligence in the
301
Bank Secrecy Act, s. 21 of the Federal Deposit Insurance Act, 12
302
U.S.C. s. 1813, chapter 2 of Title I of Pub. L. No. 91-508, and
303
subchapter II of chapter 53 of Title 31, United States Code, and
304
any other applicable federal anti-money laundering provisions.
305
(a) Not later than 180 days after the approval of an
306
application for a license as a qualified payment stablecoin
307
issuer pursuant to this chapter, and on an annual basis
308
thereafter, each qualified payment stablecoin issuer shall
309
submit to the office a certification that the issuer has
310
implemented anti-money laundering and economic sanctions
311
compliance programs that are reasonably designed to prevent the
312
qualified payment stablecoin issuer from facilitating money
313
laundering, in particular, facilitating money laundering for
314
cartels and organizations designated as foreign terrorist
315
organizations under s. 219 of the Immigration and Nationality
316
Act, 8 U.S.C. s. 1189, and the financing of terrorist
317
activities, consistent with the requirements of the act.
318
(b) The office shall make the certifications described in
319
paragraph (a) available to the Secretary of the Treasury upon
320
request.
321
(c) The office may revoke the license of the qualified
322
payment stablecoin issuer if such issuer does not submit the
323
certification required under paragraph (a).
324
(d)
If the office has reason to believe that any person has
325
knowingly violated paragraph (a), which may be subject to
326
federal criminal penalties set forth under 18 U.S.C. s. 1001,
327
the office may refer the matter to the United States Attorney
328
General or the attorney general of this state.
329 Section 3. Effective October 1, 2026, paragraph (a) of
330 subsection (5) and subsection (6) of section 560.125, Florida
331 Statutes, are amended to read:
332 560.125 Unlicensed activity; penalties.—
333 (5) A person who violates this section, if the violation
334 involves:
335 (a) Currency, monetary value, payment instruments,
or
336 virtual currency
, or payment stablecoins
of a value exceeding
337 $300 but less than $20,000 in any 12-month period, commits a
338 felony of the third degree, punishable as provided in s.
339 775.082, s. 775.083, or s. 775.084.
340 (6) In addition to the penalties authorized by s. 775.082,
341 s. 775.083, or s. 775.084, a person who has been convicted of,
342 or entered a plea of guilty or nolo contendere to, having
343 violated this section may be sentenced to pay a fine of up to
344 the greater of $250,000 or twice the value of the currency,
345 monetary value, payment instruments,
or
virtual currency,
or
346
payment stablecoins,
except that on a second or subsequent
347 violation of this section the fine may be up to the greater of
348 $500,000 or quintuple the value of the currency, monetary value,
349 payment instruments, or virtual currency.
350 Section 4.
Part V of chapter 560, Florida Statutes,
351
consisting of ss. 560.501-560.506, Florida Statutes, is created
352
and entitled “Payment Stablecoin Issuers.”
353 Section 5. Effective October 1, 2026, section 560.501,
354 Florida Statutes, is created to read:
355
560.501
License requirement; exemptions; transition to
356
federal oversight; definitions.—
357
(1) DEFINITIONS.—For purposes of this section, the term:
358
(a) “Home state” means a state other than this state in
359
which a payment stablecoin issuer is established or has its
360
principal place of business.
361
(b)
“Host state” means a state in which the payment
362
stablecoin issuer establishes a branch, solicits customers, or
363
otherwise engages in business activities, other than the home
364
state.
365
(c)
“Out-of-state state-qualified payment stablecoin
366
issuer” means a payment stablecoin issuer that has been approved
367
in accordance with the requirements of the GENIUS Act by the
368
payment stablecoin issuer’s home state, other than this state,
369
to issue payment stablecoin.
370
(2)
LICENSE REQUIREMENT.—Effective October 1, 2026, a
371
person may not engage in the activity of a qualified payment
372
stablecoin issuer in this state unless the person is licensed or
373
exempted from licensure under this chapter. The office shall
374
give written notice to each applicant that the office has
375
granted or denied the application for a license as a qualified
376
payment stablecoin issuer.
377
(3)
EXEMPTION FROM LICENSURE.—
378
(a)
Subsection (2) does not apply to:
379
1.
A federal-qualified payment stablecoin issuer.
380
2.
An out-of-state state-qualified payment stablecoin
381
issuer of which this state is a host state. An out-of-state
382
state-qualified payment stablecoin issuer must provide written
383
notice to the office within 30 days after engaging in activity
384
that makes this state a host state of such issuer.
385
(b) The following transactions are not regulated under this
386
part:
387
1. The direct transfer of payment stablecoins between two
388
individuals acting on their own behalf and for their own lawful
389
purposes, without the involvement of an intermediary.
390
2. Any transaction involving the receipt of payment
391
stablecoins by an individual between an account owned by the
392
individual in the United States and an account owned by the
393
individual abroad which are offered by the same parent company.
394
3. Any transaction by means of a software or hardware
395
wallet that facilitates an individual’s own custody of payment
396
stablecoins.
397
(c) A payment stablecoin that meets the requirements of
398
this part is not a security and is not subject to chapter 517.
399
(4) TRANSITION TO FEDERAL OVERSIGHT.—
400
(a)
Unless a federal waiver is obtained, a qualified
401
payment stablecoin issuer with a consolidated total outstanding
402
payment stablecoin issuance that reaches the $10 billion
403
threshold must comply with one of the following requirements:
404
1.
Not later than 360 days after the payment stablecoin
405
issuance reaches such threshold, transition to the applicable
406
federal regulatory framework administered jointly by the office
407
and the United States Office of the Comptroller of the Currency;
408
or
409
2.
Beginning on the date the payment stablecoin issuance
410
reaches such threshold, cease issuing new payment stablecoins
411
until the payment stablecoin falls below the $10 billion
412
consolidated total outstanding issuance threshold.
413
(b) A qualified payment stablecoin issuer with a
414
consolidated total outstanding payment stablecoin issuance that
415
reaches the $10 billion threshold must, within 7 business days,
416
provide notice to the office that the threshold has been
417
reached.
418
(c)
To the extent or for any relevant period for which a
419
waiver or transition applies, a qualified payment stablecoin
420
issuer remains subject to this part if a federal waiver of the
421
transition requirements in paragraph (a) is obtained pursuant to
422
the GENIUS Act, Pub. L. No. 119-27, and the office remains
423
solely responsible for supervising the qualified payment
424
stablecoin issuer, or if the office is jointly responsible with
425
the United States Office of the Comptroller of the Currency to
426
supervise the qualified payment stablecoin issuer pursuant to
427
subparagraph (a)1. The office may enter into an agreement with
428
the relevant primary federal payment stablecoin regulator for
429
the joint supervision of any qualified payment stablecoin
430
issuer.
431 Section 6. Section 560.502, Florida Statutes, is created to
432 read:
433
560.502
Additional license application requirements; office
434
duties; application forms.—
435
(1) ADDITIONAL LICENSE APPLICATION REQUIREMENTS.—In
436
addition to the license requirements under part I of this
437
chapter, an applicant seeking a license under this part must
438
also submit to the office an application on a form prescribed by
439
rule of the commission. Such application must include all of the
440
following:
441
(a) Evidence of the ability of the applicant, based on
442
financial condition and resources, to meet the requirements in
443
s. 560.504.
444
(b) A statement as to whether an individual who has been
445
convicted of a felony offense involving insider trading,
446
embezzlement, cybercrime, money laundering, financing terrorism,
447
or financial fraud is serving as an officer or director of the
448
applicant.
449
(c) An explanation of the competence, experience, and
450
integrity of the officers, directors, and principal shareholders
451
of the applicant, its subsidiaries, and parent company which
452
includes, but is not limited to:
453
1. The record of those officers, directors, and principal
454
shareholders of compliance with laws and regulations; and
455
2. The ability of those officers, directors, and principal
456
shareholders to fulfill any commitments to, and any conditions
457
imposed by, the office in connection with the application at
458
issue and any prior applications.
459
(d) A statement as to whether the redemption policy of the
460
applicant meets the standards under s. 560.504.
461
(e) Any other factors necessary to ensure the safety and
462
soundness of the qualified payment stablecoin issuer.
463
(2) OFFICE DUTIES.—The office shall comply with the
464
following requirements:
465
(a) Upon receipt of a substantially complete application,
466
evaluate and make a determination on each application based on
467
the criteria established in this section.
468
(b) Not later than 120 days after receiving a substantially
469
complete application, render a decision on the application.
470
1. An application is considered substantially complete if
471
the application contains sufficient information for the office
472
to render a decision on whether the applicant satisfies the
473
factors described in paragraph (1)(a).
474
2. Not later than 30 days after receiving an application
475
under this section, the office shall notify the applicant as to
476
whether the office considers the application to be substantially
477
complete and, if the application is not substantially complete,
478
the additional information the applicant must provide in order
479
for the application to be considered substantially complete.
480
3. An application considered substantially complete under
481
this subparagraph remains substantially complete unless there is
482
a material change in circumstances that requires the office to
483
treat the application as a new application.
484
4. If the office fails to render a decision on a complete
485
application within the time specified in paragraph (2)(b), the
486
application is deemed approved.
487
(c) Deny a substantially complete application received
488
pursuant to this subsection only if the office determines that
489
the activities of the applicant would be unsafe or unsound based
490
on the factors described in paragraph (1)(a).
491
1. The issuance of a payment stablecoin on an open, public,
492
or decentralized network is not a valid ground for denial of an
493
application for approval as a qualified payment stablecoin
494
issuer.
495
2. If the office denies a complete application submitted
496
pursuant to this subsection, not later than 30 days after the
497
date of such denial, the office must provide the applicant with
498
written notice explaining the denial with specificity, including
499
all findings made by the regulator with respect to all
500
identified material shortcomings in the application, along with
501
actionable recommendations on how the applicant could address
502
the identified material shortcomings.
503
3. Denial of an application under this section does not
504
prohibit the applicant from filing a subsequent application.
505
4. A denial entitles the applicant to an opportunity to be
506
heard pursuant to chapter 120.
507
(d) Pay fingerprint retention fees that are charged for the
508
retention of any fingerprints that are required for each control
509
person of the applicant to obtain a license as a qualified
510
payment stablecoin issuer in accordance with this chapter.
511
(3)
APPLICATION FORMS.—The information required in the
512
application form prescribed by rule of the commission under
513
subsection (1) may be incorporated in other licensing
514
application forms required under this chapter, as appropriate,
515
to allow a person to apply for two licenses in one application
516
form in order to streamline the application process.
517 Section 7. Effective October 1, 2026, section 560.503,
518 Florida Statutes, is created to read:
519
560.503 Limitation on payment stablecoin activities.—A
520
licensed qualified payment stablecoin issuer may engage only in
521
the following activities:
522
(1) Issue payment stablecoins.
523
(2) Redeem payment stablecoins.
524
(3) Manage related reserves, including purchasing, selling,
525
and holding reserve assets or providing custodial services for
526
reserve assets, consistent with federal law and the laws of this
527
state.
528
(4) Undertake other activities that directly support any of
529
the activities described in this section.
530 Section 8. Effective October 1, 2026, section 560.504,
531 Florida Statutes, is created to read:
532
560.504
Minimum prudential requirements.—
533
(1) In accordance with the GENIUS Act, Pub. L. No. 119-27,
534
a qualified payment stablecoin issuer must comply with all of
535
the following requirements:
536
(a) Maintain identifiable reserves backing the outstanding
537
payment stablecoins of the qualified payment stablecoin issuer
538
on at least a one-to-one basis, with reserves consisting of any
539
of the following:
540
1. United States coin or currency or money standing to the
541
credit of an account with a Federal Reserve Bank.
542
2. Funds held as demand deposits or insured shares at an
543
insured depository institution, subject to limitations
544
established by the Federal Deposit Insurance Corporation and the
545
National Credit Union Administration.
546
3. United States Treasury bills, notes, or bonds with a
547
remaining maturity or issued with a maturity of 93 days or less.
548
4. Money received under repurchase agreements, with the
549
qualified payment stablecoin issuer acting as a seller of
550
securities and with an overnight maturity, which are backed by
551
United States Treasury bills with a maturity of 93 days or less.
552
5. Reverse purchase agreements, with the qualified payment
553
stablecoin issuer acting as a purchaser of securities and with
554
an overnight maturity, that are collateralized by United States
555
Treasury bills, notes, or bonds on an overnight basis, subject
556
to overcollateralization in line with standard market terms that
557
meet federal requirements in the GENIUS Act, Pub. L. No. 119-27.
558
6. Securities issued by an investment company registered
559
under s. 8(a) of the Investment Company Act of 1940, 15 U.S.C.
560
s. 80a-8(a), or other registered government money market fund,
561
and that are invested solely in underlying assets described in
562
subparagraphs 1.-5.
563
7. Any other similarly liquid Federal Government-issued
564
asset approved by the primary federal payment stablecoin
565
regulator, in consultation with the office.
566
8. Any reserve described in subparagraphs 1., 2., and 3. or
567
subparagraph 6. or subparagraph 7. in tokenized form, provided
568
that such reserves comply with all applicable laws and
569
regulations.
570
(b)
Publicly disclose the issuer’s redemption policy, which
571
must comply with all of the following requirements:
572
1. Establish clear and conspicuous procedures for timely
573
redemption of outstanding payment stablecoins.
574
2.
Publicly, clearly, and conspicuously disclose in plain
575
language all fees associated with purchasing or redeeming the
576
payment stablecoins, provided that such fees can be changed only
577
upon not less than 7 days’ prior notice to consumers.
578
(c) Publish on the issuer’s website a monthly reserve
579
composition of the issuer’s reserve which must contain all of
580
the following information:
581
1. The total number of outstanding payment stablecoins
582
issued by the issuer.
583
2. The amount and composition of the reserves described in
584
paragraph (a), including the average tenor and geographic
585
location of custody of each category of reserve instruments.
586
(d)
Comply with all federal prohibitions on pledging,
587
rehypothecating, or reusing reserve assets, either directly or
588
indirectly, except for any of the following purposes:
589
1. Satisfying margin obligations in connection with
590
investments in permitted reserves under subparagraph (a)4. or
591
subparagraph (a)5.
592
2. Satisfying obligations associated with the use, receipt,
593
or provision of standard custodial services.
594
3.
Creating liquidity to meet reasonable expectations of
595
requests to redeem payment stablecoins, such that reserves in
596
the form of United States Treasury bills may be sold as
597
purchased securities for repurchase agreements with a maturity
598
of 93 days or less, provided that either:
599
a. The repurchase agreements are cleared by a clearing
600
agency registered with the Securities and Exchange Commission;
601
or
602
b. The qualified payment stablecoin issuer receives prior
603
approval from the office.
604
(e)
Engage a registered public accounting firm to conduct a
605
monthly examination of the previous month-end reserve report.
606
For purposes of this paragraph, the term “registered public
607
accounting firm” means a public accounting firm registered with
608
the Public Company Accounting Oversight Board.
609
(f) Submit to the office each month a certification as to
610
the accuracy of the month-end reserve report by the qualified
611
payment stablecoin issuer’s chief executive officer and chief
612
financial officer. Whoever knowingly makes a false statement in
613
writing with the intent to mislead a public servant in the
614
performance of his or her official duty commits a misdemeanor of
615
the second degree, punishable as provided in s. 775.082 or s.
616
775.083.
617
(g) A qualified payment stablecoin issuer with more than
618
$50 billion in consolidated total outstanding issuance shall
619
prepare, in accordance with generally accepted accounting
620
principles, an annual financial statement, which must include
621
disclosure of any related party transactions, as defined by such
622
generally accepted accounting principles.
623
1. A registered public accounting firm must perform an
624
audit of the annual financial statements.
625
2. Each qualified payment stablecoin issuer required to
626
prepare an audited annual financial statement must comply with
627
all of the following requirements:
628
a. Make such audited financial statements publicly
629
available on the website of the permitted payment stablecoin
630
issuer; and
631
b. Submit such audited financial statements annually to the
632
office.
633
(h) Comply with any federal regulations or rules prescribed
634
by commission relating to capital, liquidity, and risk
635
management requirements.
636
(i)
Engage only custodians or safekeepers that comply with
637
s. 10 of the GENIUS Act, Pub. L. No. 119-27.
638
(j)
Comply with any other federal requirements of s. 4(a)
639
of the GENIUS Act, Pub. L. No. 119-27, and any implementing
640
federal regulations.
641
(2) A qualified payment stablecoin issuer is prohibited
642
from engaging in all of the following conduct:
643
(a)
Except as may be authorized under federal law, tying
644
arrangements that condition access to stablecoin services on the
645
purchase of unrelated products or services from such qualified
646
payment stablecoin issuer or an agreement not to obtain products
647
or services from a competitor.
648
(b) Using deceptive names, which includes, but is not
649
limited to, any of the following:
650
1. Using any combination of terms relating to the United
651
States Government, except abbreviations directly related to the
652
currency to which a payment stablecoin is pegged, such as “USD.”
653
2. Marketing a payment stablecoin in such a way that a
654
reasonable person would perceive the payment stablecoin to be
655
legal tender, as described in 31 U.S.C. s. 5103, issued by the
656
United States, or guaranteed or approved by the United States
657
Government.
658
(c)
Paying the holder of any payment stablecoin any form of
659
interest or yield solely in connection with holding, use, or
660
retention of such payment stablecoin if
such payment is
661
prohibited under federal law
.
662 Section 9. Section 560.505, Florida Statutes, is created to
663 read:
664
560.505
State certification.—
665
(1)
The office shall submit an initial certification to the
666
federal Stablecoin Certification Review Committee, on a form
667
prescribed by the committee, in accordance with the timeline
668
established by the committee for accepting certifications,
669
attesting that the state regulatory regime meets the criteria
670
for substantial similarity to the GENIUS Act, Pub. L. No. 119
671
27, as required under that act.
672
(2)
No later than the date to be determined by the United
673
States Secretary of the Treasury each year, the office must
674
submit to the Stablecoin Certification Review Committee an
675
additional certification that confirms the accuracy of the
676
initial certification submitted.
677
(3) The office must comply with the requirements of s.
678
4(c)(4) of the GENIUS Act, Pub. L. No. 119-27, to ensure the
679
state receives certification and annual recertification by the
680
Stablecoin Certification Review Committee of the state
681
regulatory regime.
682 Section 10. Section 560.506, Florida Statutes, is created
683 to read:
684
560.506
Rulemaking authority.—The commission shall adopt
685
rules to administer this part as required in s. 13 of the GENIUS
686
Act, Pub. L. No. 119-27. The commission shall also adopt rules
687
relating to capital, liquidity, and risk management which are
688
consistent with section 4(a)(4) of the GENIUS Act, Pub. L. No.
689
119-27. The commission may adopt rules establishing standards
690
for the conduct, supervision, examination, and regulation of
691
qualified payment stablecoin issuers, including requirements
692
relating to reserves, customer-asset protection, reporting, and
693
compliance, in order to meet the minimum requirements
694
established by the Stablecoin Certification Review Committee.
695 Section 11. Subsection (12) is added to section 655.50,
696 Florida Statutes, and paragraph (e) of subsection (3) of that
697 section is amended, to read:
698 655.50 Florida Control of Money Laundering and Terrorist
699 Financing in Financial Institutions Act.—
700 (3) As used in this section, the term:
701 (e) “Monetary instruments” means coin or currency of the
702 United States or of any other country,
payment stablecoins as
703
defined in s. 658.997,
travelers’ checks, personal checks, bank
704 checks, money orders, stored value cards, prepaid cards,
705 investment securities or negotiable instruments in bearer form
706 or otherwise in such form that title thereto passes upon
707 delivery, or similar devices.
708
(12) A qualified payment stablecoin issuer, as defined in
709
s. 658.997, must comply with any anti-money laundering
710
provisions in the GENIUS Act under Pub. L. No. 119-27, which
711
includes, but is not limited to, provisions relating to economic
712
sanctions, prevention of money laundering, customer
713
identification, and due diligence in the Bank Secrecy Act, s. 21
714
of the Federal Deposit Insurance Act, 12 U.S.C. s. 1813, chapter
715
2 of Title I of Pub. L. No. 91-508, and subchapter II of chapter
716
53 of Title 31, United States Code, and any other applicable
717
federal anti-money laundering provisions.
718
(a) Not later than 180 days after the approval of an
719
application for certificate of approval as a qualified payment
720
stablecoin issuer pursuant to s. 658.997, and on an annual basis
721
thereafter, each qualified payment stablecoin issuer shall
722
submit to the office a certification that the issuer has
723
implemented anti-money laundering and economic sanctions
724
compliance programs that are reasonably designed to prevent the
725
qualified payment stablecoin issuer from facilitating money
726
laundering, in particular, facilitating money laundering for
727
cartels and organizations designated as foreign terrorist
728
organizations under s. 219 of the Immigration and Nationality
729
Act, 8 U.S.C. s. 1189, and the financing of terrorist
730
activities, consistent with the requirements of the act.
731
(b) The office shall make the certifications described in
732
paragraph (a) available to the Secretary of the Treasury upon
733
request.
734
(c) The office may revoke the certificate of approval of
735
the qualified payment stablecoin issuer if the qualified payment
736
stablecoin issuer does not submit the certification required
737
under paragraph (a).
738
(d)
If the office has reason to believe that any person has
739
knowingly violated paragraph (a), which may be subject to
740
federal criminal penalties set forth under 18 U.S.C. s. 1001,
741
the office may refer the matter to the United States Attorney
742
General or the Attorney General of this state.
743 Section 12. Paragraph (h) is added to subsection (1) of
744 section 658.19, Florida Statutes, to read:
745 658.19 Application for authority to organize a bank or
746 trust company.—
747 (1) A written application for authority to organize a
748 banking corporation or a trust company shall be filed with the
749 office by the proposed directors and shall include:
750
(h) A request for a certificate of approval as a qualified
751
payment stablecoin issuer, as defined in s. 658.997, if desired
752
in connection with an application to organize a trust company.
753 Section 13. Section 658.997, Florida Statutes, is created
754 to read:
755
658.997 Qualified payment stablecoin issuers.—
756
(1) DEFINITIONS.—As used in this section, the term:
757
(a)
“Federal-qualified payment stablecoin issuer” means any
758
of the following:
759
1. A nonbank entity, other than a state-qualified payment
760
stablecoin issuer, approved by the Office of the Comptroller of
761
the Currency to issue payment stablecoins.
762
2. An uninsured national bank that is chartered by the
763
Office of the Comptroller of the Currency pursuant to title LXII
764
of the Revised Statutes and is approved to issue payment
765
stablecoins. As used in this subsection, the term “national
766
bank” has the same meaning as in the GENIUS Act, Pub. L. No.
767
119-27.
768
3. A federal branch that is approved by the Office of the
769
Comptroller of the Currency to issue payment stablecoins. For
770
purposes of this subparagraph, the term “federal branch” has the
771
same meaning as in section 3 of the Federal Deposit Insurance
772
Act, 12 U.S.C. s. 1813.
773
(b)
“Home state” means a state other than this state in
774
which a payment stablecoin issuer is established or has its
775
principal place of business.
776
(c)
“Host state” means a state in which the payment
777
stablecoin issuer establishes a branch, solicits customers, or
778
otherwise engages in business activities, other than the home
779
state.
780
(d)
“Out-of-state state-qualified payment stablecoin
781
issuer” means a payment stablecoin issuer that has been approved
782
in accordance with the requirements of the GENIUS Act, Pub. L.
783
No. 119-27, by the payment stablecoin issuer’s home state, other
784
than this state, to issue payment stablecoin.
785
(e) “Payment stablecoin” means a digital asset that meets
786
all of the following requirements:
787
1.a.
Is, or is designed to be, used as a means of payment
788
or settlement; and
789
b. The issuer of which:
790
(I) Is obligated to convert, redeem, or repurchase the
791
digital asset for a fixed amount of monetary value, not
792
including a digital asset denominated in a fixed amount of
793
monetary value.
794
(II) Represents that such issuer will maintain, or create
795
the reasonable expectation that it will maintain, a stable value
796
relative to the value of a fixed amount of monetary value.
797
2.
The term does not include a digital asset that is any of
798
the following:
799
a. A national currency. For purposes of this subparagraph,
800
the term “national currency” means each of the following:
801
(I) A Federal Reserve note as the term is used in the first
802
undesignated paragraph of s. 16 of the Federal Reserve Act, 12
803
U.S.C. s. 411.
804
(II) Money standing to the credit of an account with a
805
Federal Reserve Bank.
806
(III) Money issued by a foreign central bank.
807
(IV) Money issued by an intergovernmental organization
808
pursuant to an agreement by two or more governments.
809
b. A deposit as defined in s. 3 of the Federal Deposit
810
Insurance Act, 12 U.S.C. s. 1813, including a deposit recorded
811
using distributed ledger technology. For purposes of this
812
subparagraph, the term “distributed ledger” means technology in
813
which data is shared across a network that creates a public
814
digital ledger of verified transactions or information among
815
network participants and cryptography is used to link the data
816
to maintain the integrity of the public ledger and execute other
817
functions.
818
c. A security, as defined in s. 517.021, s. 2 of the
819
Securities Act of 1933, 15 U.S.C. s. 77b, s. 3 of the Securities
820
and Exchange Act of 1934, 15 U.S.C. s. 78c, or s. 2 of the
821
Investment Company Act of 1940, 15 U.S.C. s. 80a-2.
822
3.
As used in this paragraph, the term “digital asset”
823
means any digital representation of value that is recorded on a
824
cryptographically secured digital ledger.
825
(f) “Qualified payment stablecoin issuer” means an entity
826
that:
827
1.
Is legally established under the laws of
a
state and
828
approved to issue payment stablecoins by the office; and
829
2.
Is not an uninsured national bank chartered by the
830
Comptroller pursuant to title LXII of the Revised Statutes, a
831
federal branch, an insured depository institution, or a
832
subsidiary of such national bank, federal branch, or insured
833
depository institution. The terms “national bank” and “federal
834
branch” have the same meaning as in subsection (17). The term
835
“insured depository institution” has the same meaning as defined
836
in s. 3 of the Federal Deposit Insurance Act, 12 U.S.C. s. 1813,
837
and an insured credit union.
838
(2)
APPROVAL REQUIREMENT.—Effective October 1, 2026, a
839
trust company may not engage in the activity of a qualified
840
payment stablecoin issuer in this state unless the trust company
841
obtains a certificate of approval or is exempted from such
842
certificate under this section.
843
(a) To obtain a certificate of approval as a qualified
844
payment stablecoin issuer pursuant to this chapter, a trust
845
company must request such certificate in conjunction with an
846
application to organize a trust company pursuant to s. 658.19 or
847
apply for a certificate of approval as a qualified payment
848
stablecoin issuer on forms prescribed by rule of the commission
849
that meet the requirements of this section. The application must
850
require only information, documents, or materials that are
851
necessary to determine whether the applicant meets the criteria
852
provided in this section.
853
(b) With respect to any application for a certificate of
854
approval as a qualified payment stablecoin issuer pursuant to
855
this section, the office must comply with the following
856
requirements:
857
1. Upon receipt of a substantially complete application,
858
evaluate and make a determination on each application based on
859
the criteria established in this section, including all of the
860
following factors:
861
a. The ability of the applicant, based on financial
862
condition and resources, to meet the requirements in subsection
863
(6).
864
b. Whether an individual who has been convicted of a felony
865
offense involving insider trading, embezzlement, cybercrime,
866
money laundering, financing terrorism, or financial fraud is
867
serving as an officer or director of the applicant.
868
c. The competence, experience, and integrity of the
869
officers, directors, and principal shareholders of the
870
applicant, its subsidiaries, and parent company which includes,
871
but is not limited to:
872
(I) The record of those officers, directors, and principal
873
shareholders of compliance with laws and regulations; and
874
(II) The ability of those officers, directors, and
875
principal shareholders to fulfill any commitments to, and any
876
conditions imposed by, the office in connection with the
877
application at issue and any prior applications.
878
d. Whether the redemption policy of the applicant meets the
879
standards under subsection (6).
880
e. Any other factors necessary to ensure the safety and
881
soundness of the qualified payment stablecoin issuer.
882
2. Not later than 120 days after receiving a substantially
883
complete application, render a decision on the application.
884
a. An application is considered substantially complete if
885
the application contains sufficient information for the office
886
to render a decision on whether the applicant satisfies the
887
factors described in this subparagraph.
888
b. Not later than 30 days after receiving an application
889
under this section, the office must notify the applicant as to
890
whether the office considers the application to be substantially
891
complete and, if the application is not substantially complete,
892
the additional information the applicant must provide in order
893
for the application to be considered substantially complete.
894
c. An application considered substantially complete under
895
this subparagraph remains substantially complete unless there is
896
a material change in circumstances that requires the office to
897
treat the application as a new application.
898
3.
If the applicant is approved as a qualified payment
899
stablecoin issuer, issue a certificate of approval to the
900
applicant. A certificate of approval remains valid unless or
901
until the office revokes such certificate pursuant to the
902
provisions of this chapter.
903
4. Deny a substantially complete application received
904
pursuant to this subsection only if the office determines that
905
the activities of the applicant would be unsafe or unsound based
906
on the factors described in subparagraph 1.
907
a. The issuance of a payment stablecoin on an open, public,
908
or decentralized network is not a valid ground for denial of an
909
application for approval as a qualified payment stablecoin
910
issuer.
911
b. If the office denies a complete application submitted
912
pursuant to this subsection, not later than 30 days after the
913
date of such denial, the office must provide the applicant with
914
written notice explaining the denial with specificity, including
915
all findings made by the regulator with respect to all
916
identified material shortcomings in the application, along with
917
actionable recommendations on how the applicant could address
918
the identified material shortcomings.
919
c. A denial entitles the applicant to an opportunity to be
920
heard pursuant to chapter 120.
921
5. Modify any current forms or rules relating to an
922
application to organize a trust company pursuant to s. 658.19 to
923
conform them to the standards and requirements of this section.
924
Any information or documents that are required for the office to
925
determine whether an applicant meets the requirements of this
926
section must be incorporated into an application to organize a
927
trust company so that an applicant may elect, but is not
928
required, to submit such information and documents to apply for
929
a certificate of approval as a qualified payment stablecoin
930
issuer as part of the organization process.
931
(c) If the office fails to render a decision on a complete
932
application within the time specified in subparagraph (b)2., the
933
application is deemed approved.
934
(d) Denial of an application under this section may not
935
prohibit the applicant from filing a subsequent application.
936
(e)
Failure to comply with any provision of this section or
937
with any rule or order of the office is considered good cause
938
for revocation of a certificate of approval issued pursuant to
939
subparagraph (b)3. The office shall give prior written notice to
940
the qualified payment stablecoin issuer of such withdrawal
941
within a time prescribed by rule.
942
(3) EXEMPTIONS.—Effective October 1, 2026, subsection (2)
943
does not apply to:
944
(a) A federal-qualified payment stablecoin issuer.
945
(b) An out-of-state state-qualified payment stablecoin
946
issuer. The out-of-state state-qualified payment stablecoin
947
issuer must provide written notice to the office within 30 days
948
after engaging in the activity of a qualified payment stablecoin
949
issuer in this state.
950
(c) The following transactions are not regulated under this
951
part:
952
1. The direct transfer of payment stablecoin between two
953
individuals acting on their own behalf and for their own lawful
954
purposes, without the involvement of an intermediary.
955
2. Any transaction involving the receipt of payment
956
stablecoin by an individual between an account owned by the
957
individual in the United States and an account owned by the
958
individual abroad which are offered by the same parent company.
959
3. Any transaction by means of a software or hardware
960
wallet that facilitates an individual’s own custody of payment
961
stablecoins.
962
(d)
A payment stablecoin that meets the requirements of
963
this part is not a security and is not subject to the
964
requirements of chapter 517.
965
(4)
TRANSITION TO FEDERAL OVERSIGHT.—Effective October 1,
966
2026:
967
(a)
Unless a federal waiver is obtained, a qualified
968
payment stablecoin issuer with a consolidated total outstanding
969
payment stablecoin issuance that reaches the $10 billion
970
threshold must comply with one of the following requirements:
971
1.
Not later than 360 days after the payment stablecoin
972
issuance reaches such threshold, transition to the applicable
973
federal regulatory framework administered jointly by the office
974
and the appropriate federal regulator; or
975
2.
Beginning on the date the payment stablecoin issuance
976
reaches such threshold, cease issuing new payment stablecoins
977
until the payment stablecoin falls below the $10 billion
978
consolidated total outstanding issuance threshold.
979
(b) A qualified payment stablecoin issuer with a
980
consolidated total outstanding payment stablecoin issuance that
981
reaches the $10 billion threshold must, within 7 business days,
982
provide notice to the office that the threshold has been
983
reached.
984
(c)
To the extent or for any relevant period for which a
985
waiver or transition applies, a qualified payment stablecoin
986
issuer remains subject to this part if a federal waiver of the
987
transition requirements in paragraph (a) is obtained pursuant to
988
the GENIUS Act, Pub. L. No. 119-27, and the office remains
989
solely responsible for supervising the qualified payment
990
stablecoin issuer, or if the office is jointly responsible with
991
the United States Office of the Comptroller of the Currency to
992
supervise the qualified payment stablecoin issuer pursuant to
993
subparagraph (a)1. The office may enter into an agreement with
994
the relevant primary federal payment stablecoin regulator for
995
the joint supervision of any qualified payment stablecoin
996
issuer.
997
(5)
LIMITATION ON PAYMENT STABLECOIN ACTIVITIES.—Effective
998
October 1, 2026, a qualified payment stablecoin issuer that has
999
been issued a certificate of approval may engage only in the
1000
following activities:
1001
(a) Issue payment stablecoins.
1002
(b) Redeem payment stablecoins.
1003
(c) Manage related reserves, including purchasing, selling,
1004
and holding reserve assets or providing custodial services for
1005
reserve assets, consistent with federal law and the laws of this
1006
state.
1007
(d) Undertake other activities that directly support any of
1008
the activities described in this section.
1009
(6) MINIMUM PRUDENTIAL REQUIREMENTS.—Effective October 1,
1010
2026:
1011
(a) In accordance with the GENIUS Act, Pub. L. No. 119-27,
1012
a qualified payment stablecoin issuer shall comply with all of
1013
the following requirements:
1014
1. Maintain identifiable reserves backing the outstanding
1015
payment stablecoins of the qualified payment stablecoin issuer
1016
on at least a one-to-one basis, with reserves consisting of any
1017
of the following:
1018
a. United States coin or currency or money standing to the
1019
credit of an account with a Federal Reserve Bank.
1020
b. Funds held as demand deposits or insured shares at an
1021
insured depository institution, subject to limitations
1022
established by the Federal Deposit Insurance Corporation and the
1023
National Credit Union Administration.
1024
c. United States Treasury bills, notes, or bonds with a
1025
remaining maturity or issued with a maturity of 93 days or less.
1026
d.
Money received under repurchase agreements, with the
1027
qualified payment stablecoin issuer acting as a seller of
1028
securities and with an overnight maturity, that are backed by
1029
United States Treasury bills with a maturity of 93 days or less.
1030
e. Reverse purchase agreements, with the qualified payment
1031
stablecoin issuer acting as a purchaser of securities and with
1032
an overnight maturity, that are collateralized by United States
1033
Treasury bills, notes, or bonds on an overnight basis, subject
1034
to overcollateralization in line with standard market terms that
1035
meet federal requirements in the GENIUS Act, Pub. L. No. 119-27.
1036
f. Securities issued by an investment company registered
1037
under s. 8(a) of the Investment Company Act of 1940, 15 U.S.C.
1038
s. 80a-8(a), or other registered government money market fund,
1039
and that are invested solely in underlying assets described in
1040
subparagraphs a.-e.
1041
g. Any other similarly liquid Federal Government-issued
1042
asset approved by the primary federal payment stablecoin
1043
regulator, in consultation with the office.
1044
h. Any reserve described in subparagraphs 1., 2., and 3. or
1045
sub-subparagraphs f. and g in tokenized form, provided that such
1046
reserves comply with all applicable laws and regulations.
1047
2.
Publicly disclose the issuer’s redemption policy, which
1048
must comply with all of the following requirements:
1049
a. Establish clear and conspicuous procedures for timely
1050
redemption of outstanding payment stablecoins.
1051
b.
Publicly, clearly, and conspicuously disclose in plain
1052
language all fees associated with purchasing or redeeming the
1053
payment stablecoins, provided that such fees can be changed only
1054
upon not less than 7 days’ prior notice to consumers.
1055
3. Publish on the issuer’s website a monthly reserve
1056
composition of the issuer’s reserve which must contain all of
1057
the following information:
1058
a. The total number of outstanding payment stablecoins
1059
issued by the issuer.
1060
b. The amount and composition of the reserves described in
1061
subparagraph 1., including the average tenor and geographic
1062
location of custody of each category of reserve instruments.
1063
4.
Comply with all federal prohibitions on the pledging,
1064
rehypothecating, or reusing reserve assets, either directly or
1065
indirectly, except for any of the following purposes:
1066
a. Satisfying margin obligations in connection with
1067
investments in permitted reserves under sub-subparagraph 1.d. or
1068
sub-subparagraph (a)1.e.
1069
b. Satisfying obligations associated with the use, receipt,
1070
or provision of standard custodial services.
1071
c.
Creating liquidity to meet reasonable expectations of
1072
requests to redeem payment stablecoins, such that reserves in
1073
the form of United States Treasury bills may be sold as
1074
purchased securities for repurchase agreements with a maturity
1075
of 93 days or less, provided that either:
1076
(I) The repurchase agreements are cleared by a clearing
1077
agency registered with the Securities and Exchange Commission;
1078
or
1079
(II) The qualified payment stablecoin issuer receives prior
1080
approval from the office.
1081
5. Engage a registered public accounting firm to conduct a
1082
monthly examination of the previous month-end reserve report.
1083
For purposes of this subparagraph, the term “registered public
1084
accounting firm” means a public accounting firm registered with
1085
the Public Company Accounting Oversight Board.
1086
6. Submit to the office each month a certification as to
1087
the accuracy of the month-end reserve report by the qualified
1088
payment stablecoin issuer’s chief executive officer and chief
1089
financial officer. Whoever knowingly makes a false statement in
1090
writing with the intent to mislead a public servant in the
1091
performance of his or her official duty commits a misdemeanor of
1092
the second degree, punishable as provided in s. 775.082 or s.
1093
775.083.
1094
7. A qualified payment stablecoin issuer with more than $50
1095
billion in consolidated total outstanding issuance shall
1096
prepare, in accordance with generally accepted accounting
1097
principles, an annual financial statement, which must include
1098
disclosure of any related party transactions, as defined by such
1099
generally accepted accounting principles.
1100
a. A registered public accounting firm must perform an
1101
audit of the annual financial statements.
1102
b. Each qualified payment stablecoin issuer required to
1103
prepare an audited annual financial statement must comply with
1104
all of the following requirements:
1105
(I) Make such audited financial statements publicly
1106
available on the website of the permitted payment stablecoin
1107
issuer; and
1108
(II) Submit such audited financial statements annually to
1109
the office.
1110
8. Comply with any federal regulations or rules prescribed
1111
by the commission relating to capital, liquidity, and risk
1112
management requirements.
1113
9.
Engage only custodians or safekeepers that comply with
1114
s. 10 of the GENIUS Act, Pub. L. No. 119-27.
1115
10. Comply with any other federal requirements of s. 4(a)
1116
of the GENIUS Act, Pub. L. No. 119-27, and any implementing
1117
federal regulations.
1118
(b) A qualified payment stablecoin issuer is prohibited
1119
from engaging in all of the following conduct:
1120
1.
Except as may be authorized under federal law, tying
1121
arrangements that condition access to stablecoin services on the
1122
purchase of unrelated products or services from such qualified
1123
payment stablecoin issuer or an agreement not to obtain products
1124
or services from a competitor.
1125
2. Using deceptive names, which includes, but is not
1126
limited to, any of the following:
1127
a. Using any combination of terms relating to the United
1128
States Government, except abbreviations directly related to the
1129
currency to which a payment stablecoin is pegged, such as “USD.”
1130
b. Marketing a payment stablecoin in such a way that a
1131
reasonable person would perceive the payment stablecoin to be
1132
legal tender, as described in 31 U.S.C. s. 5103, issued by the
1133
United States, or guaranteed or approved by the United States
1134
Government.
1135
3. Paying the holder of any payment stablecoin any form of
1136
interest or yield solely in connection with holding, use, or
1137
retention of such payment stablecoin
if such payment is
1138
prohibited under federal law
.
1139
(7) CERTIFICATION.—The office’s initial certification and
1140
annual recertification submission to the federal Stablecoin
1141
Certification Review Committee pursuant to s. 560.505 must
1142
include any relevant information related to the provisions of
1143
this chapter in the office’s request for certification or
1144
recertification of the state regulatory regime of payment
1145
stablecoins.
1146
(8) RULEMAKING.—The commission may adopt rules to
1147
administer this section as required in s. 13 of the GENIUS Act,
1148
Pub. L. No. 119-27. The commission must also adopt rules
1149
relating to capital, liquidity, and risk management which are
1150
consistent with s. 4(a)(4) of the GENIUS Act, Pub. L. No. 119
1151
27. The commission may adopt rules establishing standards for
1152
the conduct, supervision, examination, and regulation of
1153
qualified payment stablecoin issuers, including requirements
1154
relating to reserves, customer-asset protection, reporting, and
1155
compliance in order to meet the minimum requirements established
1156
by the Stablecoin Certification Review Committee.
1157 Section 14. Except as otherwise expressly provided in this
1158 act, this act shall take effect upon becoming a law.