§ 560.155 — Gold and silver coin as legal tender

Florida § 560.155

• Jurisdiction: Florida
• Title: XXXIII
• Ch. 560: MONEY SERVICES BUSINESSES

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(1) A money services business may not be required to offer products or services, including, but not limited to, transmitting, storing, exchanging, or accepting payment in gold coin or silver coin. To the extent that a money services business offers such products or services, the money services business must do all of the following, as applicable: (a) Except as provided in s. 560.214, maintain separate accounts for any gold coin or silver coin and not commingle such gold coin or silver coin with any other accounts that hold coin or currency of the United States or of another country. (b) Insure the gold coin or silver coin, if not otherwise insured by an independent custodian of gold coin or silver coin pursuant to s. 560.214(1)(i), for 100 percent of the full replacement value under an all-risk insurance policy issued by a nongovernmental operated insurer that is an authorized insurer or eligible surplus lines insurer. (c) Securely store and safeguard all physical gold coin or silver coin with a custodian of gold coin or silver coin within this state. (d) Ensure that any gold coin or silver coin that is purchased for use or circulation as legal tender is from an accredited refiner or wholesaler as prescribed by commission rule which certifies that the gold coin or silver coin being purchased meets the requirements of gold coin and silver coin. (e) Make disclosures to a customer at the inception of the relationship for providing products or services relating to gold coin or silver coin before a customer initially purchases or uses a money services business product or service relating to such coin, prescribed on a form adopted by the commission. The commission must adopt rules to prescribe the general form of such disclosures. Such disclosures must include, at a minimum, all of the following: 1. Notice that the value of gold coin or silver coin will fluctuate over time and that such customer should seek professional advice about whether transacting in gold coin or silver coin may incur a federal capital gains tax. 2. Notice of potential fees that may be incurred for converting gold coin or silver coin to United States dollars or other currency, or any other transaction fees that may be incurred which can be incorporated by referencing the company’s terms and conditions. 3. Any additional disclosures the commission deems necessary for the protection of any person or entity that tenders or accepts gold coin or silver coin for the payment of debts, taxes, charges, or dues. (f) Provide transparent contracts, products, services, storage terms, and fees, including, but not limited to, purchase, sale, conversion, storage, delivery, transaction, or other fees. The spot rate at which any gold coin or silver coin is converted must be disclosed at the time that the gold coin or silver coin is converted. (g) Comply with chain of custody requirements, as prescribed by commission rule. (h) Comply with all other applicable state and federal laws and regulations.

(2) The commission must adopt rules to implement this section.

Legislative History

ss. 7, 18, ch. 2025-100.