(1) To apply to be registered as a virtual currency kiosk business under this part, the applicant must submit all of the following information to the office:(a) A completed registration application on forms prescribed by rule of the commission. The application must include the following information:1. The legal name, including any fictitious or trade name used by the applicant in the conduct of its business, and the physical and mailing addresses of the applicant.
2. The date of the applicant’s formation and the state in which the applicant was formed, if applicable.
3. The name, social security number, alien identification or taxpayer identification number, business and residence addresses, and employment history for the past 5 years for each control person as defined in s. 560.103. 4. A description of the organizational structure of the applicant, including the identity of any parent or subsidiary of the applicant, and the disclosure of whether any parent or subsidiary is publicly traded.
5. The name and mailing address of the registered agent in this state for service of process.
6. The physical address of the location of each virtual currency kiosk through which the applicant proposes to conduct or is conducting business in this state.
7. An attestation that the applicant has developed clearly documented policies, processes, and procedures regarding the use of blockchain analytics to prevent transfers to wallet addresses linked to known criminal activity, including the manner in which such blockchain analytics activity will integrate into its compliance controls, and that the applicant will maintain and comply with such blockchain analytics policies, processes, and procedures.
8. Any other information as required by this chapter or commission rule.
(b) Any information needed to resolve any deficiency found in the application within a time period prescribed by rule.
(2) A virtual currency kiosk business operating in this state on or before January 1, 2027, must submit a registration application to the office within 30 days after that date.
(3) A registrant shall report, on a form prescribed by rule of the commission, any change in the information contained in the initial application form or an amendment thereto within 30 days after the change is effective.
(4) A registrant must renew its registration annually on or before December 31 of the year preceding the expiration date of the registration. To renew such registration, the registrant must submit a renewal application that provides:(a) The information required in paragraph (1)(a) if there are changes in the application information, or an affidavit signed by the registrant that the information remains the same as the prior year’s information.
(b) Upon request by the office, evidence that the registrant has been operating in compliance with ss. 560.604, 560.605, 560.606, and 560.607. Such evidence may be prescribed by rule by the commission and may include, but need not be limited to, all of the following:1. Current disclosures presented to customers during the transaction process.
2. Current use of blockchain analytics to prevent transfers to wallet addresses linked to known criminal activity.
(5) A registrant that does not renew its registration by December 31 of the year preceding expiration shall be made inactive for 60 days. A registrant may not conduct business while its registration is inactive.
(6) To renew an inactive registration, a registrant must, within 60 days after the registration becomes inactive, submit all of the following:(a) The information required in paragraph (1)(a) if there are changes in the application information, or an affidavit signed by the registrant that the information remains the same as the prior year’s information.
(b) Evidence that the registrant was operating in compliance with ss. 560.604, 560.605, 560.606, and 560.607. Such evidence may be prescribed by rule by the commission and may include, but need not be limited to, all of the following:1. Current disclosures presented to customers during the transaction process.
2. Reports that confirm compliance with daily transaction limits.
3. Copies of receipts provided to customers.
4. Records showing refunds provided to customers in required circumstances.
5. Current use of blockchain analytics to prevent transfers to wallet addresses linked to known criminal activity.
Any renewal registration made pursuant to this subsection becomes effective upon the date the office approves the application for registration. The office shall approve the application for renewal registration within a timeframe prescribed by rule.
(7) Except as provided in s. 560.602(2), failure to submit an application to renew a virtual currency kiosk business’s registration within 60 days after the registration becomes inactive shall result in the registration becoming expired. If the registration is expired, a new application to register the virtual currency kiosk business pursuant to subsection (1) must be submitted to the office and a certification of registration must be issued by the office before the virtual currency kiosk business may conduct business in this state. (8) If a control person of a registrant or prospective registrant has engaged in any unlawful business practice, or been convicted or found guilty of, or pled guilty or nolo contendere to, regardless of adjudication, a crime involving dishonest dealing, fraud, acts of moral turpitude, or other acts that reflect an inability to engage lawfully in the business of a registered virtual currency kiosk business, the office may deny the prospective registrant’s initial registration application or the registrant’s renewal application.
(9) The office shall deny the application of a virtual currency kiosk business that submits a renewal application and fails to provide evidence of compliance upon request pursuant to paragraph (4)(b) or as required in paragraph (6)(b).
(10) Any false statement made by a virtual currency kiosk business in an application for registration under this section renders the registration void. A void registration may not be construed as creating a defense to any prosecution for violation of this chapter.
