CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Latvala moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Short title.--This act may be cited as the

18  "Florida Title Loan Act."

19         Section 2.  Legislative intent.--It is the intent of

20  the Legislature that title loans shall be regulated by the

21  provisions of this act. The provisions of this act shall

22  supersede any other provisions of state law affecting title

23  loans to the extent of any conflict.

24         Section 3.  Definitions.--As used in this act, unless

25  the context otherwise requires:

26         (1)  "Commercially reasonable" has the same meaning as

27  used in part V of chapter 679, Florida Statutes. In addition,

28  nonpublic sales or disposal of personal property between a

29  title loan lender and any business affiliates of a title loan

30  lender or a member of a title loan lender's family are

31  presumed not to be made in a commercially reasonable manner.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1         (2)  "Department" means the Department of Banking and

 2  Finance.

 3         (3)  "Executive officer" means the president, chief

 4  executive officer, chief financial officer, chief operating

 5  officer, executive vice president, senior vice president,

 6  secretary, and treasurer.

 7         (4)  "Identification" means a government-issued

 8  photographic identification.

 9         (5)  "Interest" means the cost of obtaining a title

10  loan and includes any profit or advantage of any kind

11  whatsoever that a title loan lender may charge, contract for,

12  collect, receive, or in any way obtain as a result of a title

13  loan.

14         (6)  "License" means a permit issued under this act to

15  make or service title loans in accordance with this act at a

16  single title loan office.

17         (7)  "Licensee" means a person who is licensed as a

18  title loan lender.

19         (8)  "Loan property" means any motor vehicle

20  certificate of title that is deposited with a title loan

21  lender as a security for a title loan in the course of the

22  title loan lender's business.

23         (9)  "Motor vehicle" means an automobile, motorcycle,

24  mobile home, truck, trailer, semitrailer, truck tractor and

25  semitrailer combination, or any other vehicle operated on the

26  public highways and streets of this state, used to transport

27  persons or property, and propelled by power other than

28  muscular power, but excluding a vehicle which runs only upon a

29  track and a mobile home that is the primary residence of the

30  owner.

31         (10)  "Title loan" or "loan" means a loan of money

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1  secured by bailment of a certificate of title to a motor

 2  vehicle, except such loan made by a person licensed under

 3  chapter 516, chapter 520, chapter 655, chapter 657, chapter

 4  658, chapter 660, chapter 663, chapter 665, or chapter 667,

 5  Florida Statutes, or a person who complies with s. 687.03,

 6  Florida Statutes.

 7         (11)  "Title loan agreement" or "agreement" means a

 8  written agreement in which a title loan lender agrees to make

 9  a title loan to a borrower.

10         (12)  "Title loan lender" or "lender" means any person

11  who engages in the business of making or servicing title

12  loans.

13         (13)  "Title loan office" means the location at which,

14  or premises from which, a title loan lender regularly conducts

15  business under this chapter or any other location that is held

16  out to the public as a location at which a lender makes or

17  services title loans.

18         (14)  "Titled personal property" means a motor vehicle

19  that has as evidence of ownership a state-issued certificate

20  of title except for a mobile home that is the primary

21  residence of the borrower.

22         (15)  "Ultimate equitable owner" means a person who,

23  directly or indirectly, owns or controls an ownership interest

24  in a corporation, a foreign corporation, an alien business

25  organization, or any other form of business organization,

26  regardless of whether such person owns or controls such

27  ownership interest through one or more persons or one or more

28  proxies, powers of attorney, nominees, corporations,

29  associations, partnerships, trusts, joint stock companies, or

30  other entities or devices, or any combination thereof.

31         Section 4.  License required; license fees.--

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1         (1)  A person may not act as a title loan lender or own

 2  or operate a title loan office unless such person has an

 3  active title loan lender license issued by the department

 4  under this act.  A title loan lender may not own or operate

 5  more than one title loan office unless the lender obtains a

 6  separate title loan lender license for each title loan office.

 7         (2)  A person applying for licensure as a title loan

 8  lender shall file with the department an application, the bond

 9  required by section 5(3), a nonrefundable application fee of

10  $1,200, a nonrefundable investigation fee of $200, and a

11  complete set of fingerprints taken by an authorized law

12  enforcement officer.  The department shall submit such

13  fingerprints to the Department of Law Enforcement for state

14  processing and the Department of Law Enforcement shall forward

15  the fingerprints to the Federal Bureau of Investigation for

16  national processing.

17         (3)  If the department determines that an application

18  should be approved, the department shall issue a license for a

19  period not to exceed 2 years.

20         (4)  A license shall be renewed biennially by filing a

21  renewal form and a nonrefundable renewal fee of $1,200.  A

22  license that is not renewed by the end of the biennial period

23  shall automatically revert to inactive status. An inactive

24  license may be reactivated within 6 months after becoming

25  inactive by filing a reactivation form, payment of the

26  nonrefundable $1,200 renewal fee, and payment of a

27  nonrefundable reactivation fee of $600.  A license that is not

28  reactivated within 6 months after becoming inactive may not be

29  reactivated and shall automatically expire. The department

30  shall establish by rule the procedures for renewal and

31  reactivation of a license and shall adopt a renewal form and a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1  reactivation form.

 2         (5)  Each license must be conspicuously displayed at

 3  the title loan office. When a licensee wishes to move a title

 4  loan office to another location, the licensee shall provide

 5  prior written notice to the department.

 6         (6)  A license issued pursuant to this act is not

 7  transferable or assignable.

 8         (7)  Each licensee shall designate and maintain a

 9  registered agent in this state for service of process.

10         (8)  Whenever a person or a group of persons, directly

11  or indirectly or acting by or through one or more persons,

12  proposes to purchase or acquire a 50 percent or more interest

13  in a licensee, such person or group shall submit an initial

14  application for licensure under this act prior to such

15  purchase or acquisition.

16         (9)  The department may adopt rules to allow for

17  electronic filing of applications, fees, and forms required by

18  this act.

19         (10)  All moneys collected by the department under this

20  act shall be deposited into the Regulatory Trust Fund of the

21  Department of Banking and Finance.

22         Section 5.  Application for license.--

23         (1)  A verified application for licensure under this

24  act, in the form prescribed by department rule, shall:

25         (a)  Contain the name and the residence and business

26  address of the applicant.  If the applicant is other than a

27  natural person, the application shall contain the name and the

28  residence and business address of each ultimate equitable

29  owner of 10 percent or more of such entity and each director,

30  general partner, and executive officer of such entity.

31         (b)  State whether any individual identified in

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1  paragraph (a) has, within the last 10 years, pleaded nolo

 2  contendere to, or has been convicted or found guilty of, a

 3  felony, regardless of whether adjudication was withheld.

 4         (c)  Identify the county and municipality with the

 5  street and number or location where the business is to be

 6  conducted.

 7         (d)  Contain additional information as the department

 8  determines by rule to be necessary to ensure compliance with

 9  this act.

10         (2)  Notwithstanding subsection (1), the application

11  need not state the full name and address of each officer,

12  director, and shareholder if the applicant is owned directly

13  or beneficially by a person who as an issuer has a class of

14  securities registered pursuant to section 12 of the Securities

15  Exchange Act of 1934 or, pursuant to section 13 or section

16  15(d) of such act, is an issuer of securities which is

17  required to file reports with the Securities and Exchange

18  Commission, if the person files with the department any

19  information, documents, and reports required by such act to be

20  filed with the Securities and Exchange Commission.

21         (3)  An applicant for licensure shall file with the

22  department a bond, in the amount of $100,000 for each license,

23  with a surety company qualified to do business in this state.

24  However, in no event shall the aggregate amount of the bond

25  required for a single title loan lender exceed $1 million. In

26  lieu of the bond, the applicant may establish a certificate of

27  deposit or an irrevocable letter of credit in a financial

28  institution, as defined in s. 655.005, Florida Statutes, in

29  the amount of the bond. The original bond, certificate of

30  deposit, or letter of credit shall be filed with the

31  department, and the department shall be the beneficiary to

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1  that document. The bond, certificate of deposit, or letter of

 2  credit shall be in favor of the department for the use and

 3  benefit of any consumer who is injured pursuant to a title

 4  loan transaction by the fraud, misrepresentation, breach of

 5  contract, financial failure, or violation of any provision of

 6  this act by the title loan lender. Such liability may be

 7  enforced either by proceeding in an administrative action or

 8  by filing a judicial suit at law in a court of competent

 9  jurisdiction. However, in such court suit, the bond,

10  certificate of deposit, or letter of credit posted with the

11  department shall not be amenable or subject to any judgment or

12  other legal process issuing out of or from such court in

13  connection with such lawsuit, but such bond, certificate of

14  deposit, or letter of credit shall be amenable to and

15  enforceable only by and through administrative proceedings

16  before the department. It is the intent of the Legislature

17  that such bond, certificate of deposit, or letter of credit

18  shall be applicable and liable only for the payment of claims

19  duly adjudicated by order of the department. The bond,

20  certificate of deposit, or letter of credit shall be payable

21  on a pro rata basis as determined by the department, but the

22  aggregate amount may not exceed the amount of the bond,

23  certificate of deposit, or letter of credit.

24         (4)  The department shall approve an application and

25  issue a license if the department determines that the

26  applicant satisfies the requirements of this act.

27         Section 6.  Denial, suspension, or revocation of

28  license.--

29         (1)  The following acts are violations of this act and

30  constitute grounds for the disciplinary actions specified in

31  subsection (2):

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1         (a)  Failure to comply with any provision of this act,

 2  any rule or order adopted pursuant to this act, or any written

 3  agreement entered into with the department.

 4         (b)  Fraud, misrepresentation, deceit, or gross

 5  negligence in any title loan transaction, regardless of

 6  reliance by or damage to the borrower.

 7         (c)  Fraudulent misrepresentation, circumvention, or

 8  concealment of any matter required to be stated or furnished

 9  to a borrower pursuant to this act, regardless of reliance by

10  or damage to the borrower.

11         (d)  Imposition of illegal or excessive charges in any

12  title loan transaction.

13         (e)  False, deceptive, or misleading advertising by a

14  title loan lender.

15         (f)  Failure to maintain, preserve, and keep available

16  for examination all books, accounts, or other documents

17  required by this act, by any rule or order adopted pursuant to

18  this act, or by any agreement entered into with the

19  department.

20         (g)  Aiding, abetting, or conspiring by a title loan

21  lender with a person to circumvent or violate any of the

22  requirements of this act.

23         (h)  Refusal to provide information upon request of the

24  department, to permit inspection of books and records in an

25  investigation or examination by the department, or to comply

26  with a subpoena issued by the department.

27         (i)  Pleading nolo contendere to or having been

28  convicted or found guilty, regardless of whether adjudication

29  was withheld, of a crime involving fraud, dishonest dealing,

30  or any act of moral turpitude or acting as an ultimate

31  equitable owner of 10 percent or more of a licensee who has

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1  pled nolo contendere to or has been convicted or found guilty,

 2  regardless of whether adjudication was withheld, of a crime

 3  involving fraud, dishonest dealing, or any act of moral

 4  turpitude.

 5         (j)  Making or having made material misstatement of

 6  fact in an initial or renewal application for a license.

 7         (k)  Having been the subject of any decision, finding,

 8  injunction, suspension, prohibition, revocation, denial,

 9  judgment, or administrative order by any court of competent

10  jurisdiction or administrative law judge, or by any state or

11  federal agency, involving a violation of any federal or state

12  law relating to title loans or any rule or regulation adopted

13  under such law, or has been the subject of any injunction or

14  adverse administrative order by a state or federal agency

15  regulating banking, insurance, finance or small loan

16  companies, real estate, mortgage brokers, or other related or

17  similar industries for acts involving fraud, dishonest

18  dealing, or any act of moral turpitude.

19         (l)  Failing to continuously maintain the bond,

20  certificate of deposit, or letter of credit required by

21  section 5(3).

22         (m)  Failing to timely pay any fee, charge, or fine

23  imposed or assessed pursuant to this act or rules adopted

24  under this act.

25         (n)  Having a license or registration, or the

26  equivalent, to practice any profession or occupation denied,

27  suspended, revoked, or otherwise acted against by a licensing

28  authority in any jurisdiction for fraud, dishonest dealing, or

29  any act of moral turpitude.

30         (o)  Having demonstrated unworthiness, as defined by

31  department rule, to transact the business of a title loan

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1  lender.

 2         (2)  Upon a finding by the department that any person

 3  has committed any of the acts set forth in subsection (1), the

 4  department may enter an order taking one or more of the

 5  following actions:

 6         (a)  Denying an application for licensure under this

 7  act.

 8         (b)  Revoking or suspending a license previously

 9  granted pursuant to this act.

10         (c)  Placing a licensee or an applicant for a license

11  on probation for a period of time and subject to such

12  conditions as the department specifies.

13         (d)  Issuing a reprimand.

14         (e)  Imposing an administrative fine not to exceed

15  $5,000 for each separate act or violation.

16         (3)  If a person seeking licensure is anything other

17  than a natural person, the eligibility requirements of this

18  section apply to each direct or ultimate equitable owner of 10

19  percent or more of the outstanding equity interest of such

20  entity and to each director, general partner, and executive

21  officer.

22         (4)  It is sufficient cause for the department to take

23  any of the actions specified in subsection (2), as to any

24  entity other than a natural person, if the department finds

25  grounds for such action as to any member of such entity, as to

26  any executive officer or director of the entity, or as to any

27  person with power to direct the management or policies of the

28  entity.

29         (5)  Each licensee is subject to the provisions of

30  subsection (2) for the acts of employees and agents of the

31  licensee if the licensee knew or should have known about such

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1  acts.

 2         (6)  Licensure under this act may be denied or any

 3  license issued under this act may be suspended or restricted

 4  if an applicant or licensee is charged, in a pending

 5  enforcement action or pending criminal prosecution, with any

 6  conduct that would authorize denial or revocation under this

 7  section.

 8         Section 7.  Remedies for title loans made without

 9  licensure.--Any title loan made without benefit of a license

10  is void, in which case the person making the title loan

11  forfeits the right to collect any moneys, including principal

12  and interest charged on the title loan, from the borrower in

13  connection with such agreement.  The person making the title

14  loan shall return to the borrower the loan property, the

15  titled personal property pledged or the fair market value of

16  such titled personal property, and all principal and interest

17  paid by the borrower. The borrower is entitled to receive

18  reasonable attorney's fees and costs in any action brought by

19  the borrower to recover from the person making the title loan

20  the loan property, the titled personal property, or the

21  principal and interest paid by the borrower.

22         Section 8.  Title loan agreement.--

23         (1)  At the time a title loan lender makes a title

24  loan, the lender and the borrower shall execute a title loan

25  agreement, which shall be legibly typed or written in

26  indelible ink and completed as to all essential provisions

27  prior to execution by the borrower and lender. The title loan

28  agreement shall include the following information:

29         (a)  The make, model, and year of the titled personal

30  property to which the loan property relates.

31         (b)  The vehicle identification number, or other

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1  comparable identification number, along with the license plate

 2  number, if applicable, of the titled personal property to

 3  which the loan property relates.

 4         (c)  The name, residential address, date of birth,

 5  physical description, and social security number of the

 6  borrower.

 7         (d)  The date the title loan agreement is executed by

 8  the title loan lender and the borrower.

 9         (e)  The identification number and the type of

10  identification, including the issuing agency, accepted from

11  the borrower.

12         (f)  The amount of money advanced, designated as the

13  "amount financed."

14         (g)  The maturity date of the title loan agreement,

15  which shall be 30 days after the date the title loan agreement

16  is executed by the title loan lender and the borrower.

17         (h)  The total title loan interest payable on the

18  maturity date, designated as the "finance charge."

19         (i)  The amount financed plus finance charge, which

20  must be paid to reclaim the loan property on the maturity

21  date, designated as the "total amount of all payments."

22         (j)  The interest rate, computed in accordance with the

23  regulations adopted by the Federal Reserve Board pursuant to

24  the Federal Truth-in-Lending Act, designated as the "annual

25  percentage rate."

26         (2)  The following information shall also be printed on

27  all title loan agreements:

28         (a)  The name and physical address of the title loan

29  office.

30         (b)  The name and address of the department as well as

31  a telephone number to which consumers may address complaints.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1         (c)  The following statement in not less than 12-point

 2  type that:

 3         1.  If the borrower fails to repay the full amount of

 4  the title loan on or before the end of the maturity date or

 5  any extension of the maturity date and fails to make a payment

 6  on the title loan within 30 days after the end of the maturity

 7  date or any extension of the maturity date, whichever is

 8  later, the title loan lender may take possession of the

 9  borrower's motor vehicle and sell the vehicle in the manner

10  provided by law. If the vehicle is sold, the borrower is

11  entitled to any proceeds of the sale in excess of the amount

12  owed on the title loan and the reasonable expenses of

13  repossession and sale.

14         2.  If the title loan agreement is lost, destroyed, or

15  stolen, the borrower should immediately so advise the issuing

16  title loan lender in writing.

17         (d)  The statement that "The borrower represents and

18  warrants that the titled personal property to which the loan

19  property relates is not stolen and has no liens or

20  encumbrances against it, the borrower has the right to enter

21  into this transaction, and the borrower will not apply for a

22  duplicate certificate of title while the title loan agreement

23  is in effect."

24         (e)  A blank line for the signature of the borrower and

25  the title loan lender or the lender's agent.

26         All owners of the titled personal property must sign

27  the title loan agreement.

28         (3)  At the time of the transaction, the title loan

29  lender shall deliver to the borrower an exact copy of the

30  executed title loan agreement.

31         (4)  Upon execution of a title loan agreement, the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1  title loan lender may take possession of the loan property and

 2  retain possession of such property until such property is

 3  redeemed. The borrower shall have the exclusive right to

 4  redeem the loan property by repaying all amounts legally due

 5  under the agreement. When the loan property is redeemed, the

 6  lender shall immediately return the loan property and commence

 7  action to release any security interest in the titled personal

 8  property. During the term of the agreement or any extension of

 9  the agreement, a title loan lender may retain physical

10  possession of the loan property only. A title loan lender

11  shall not require a borrower to provide any additional

12  security or guaranty as a condition to entering into a title

13  loan transaction.

14         Section 9.  Recordkeeping; reporting; safekeeping of

15  property.--

16         (1)  Every title loan lender shall maintain, at the

17  lender's title loan office, such books, accounts, and records

18  of the business conducted under the license issued for such

19  place of business as will enable the department to determine

20  the licensee's compliance with this act.

21         (2)  The department may authorize the maintenance of

22  books, accounts, and records at a location other than the

23  lender's title loan office. The department may require books,

24  accounts, and records to be produced and available at a

25  reasonable and convenient location in this state within a

26  reasonable period of time after such a request.

27         (3)  The title loan lender shall maintain the original

28  copy of each completed title loan agreement on the title loan

29  office premises, and shall not obliterate, discard, or destroy

30  any such original copy, for a period of at least 2 years after

31  making the final entry on any loan recorded in such office or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1  after a department examination, whichever is later.

 2         (4)  Loan property which is delivered to a title loan

 3  lender shall be securely stored and maintained at the title

 4  loan office unless the loan property has been forwarded to the

 5  appropriate state agency for the purpose of having a lien

 6  recorded or deleted.

 7         (5)  The department may prescribe by rule the books,

 8  accounts, and records, and the minimum information to be shown

 9  in the books, accounts, and records, of licensees so that such

10  records will enable the department to determine compliance

11  with the provisions of this act.

12         Section 10.  Title loan charges.--

13         (1)  A title loan lender may charge a maximum interest

14  rate of 30 percent per annum computed on the first $2,000 of

15  the principal amount, 24 percent per annum on that part of the

16  principal amount exceeding $2,000 and not exceeding $3,000,

17  and 18 percent per annum on that part of the principal amount

18  exceeding $3,000. The original principal amount is the same

19  amount as the amount financed, as defined by the federal Truth

20  in Lending Act and Regulation Z of the Board of Governors of

21  the Federal Reserve System. In determining compliance with the

22  statutory maximum interest, the computations must be simple

23  interest and not add-on interest or any other computations.

24  When two or more interest rates are to be applied to the

25  principal amount, the lender may charge interest at that

26  single annual percentage rate which, if applied according to

27  the actuarial method to each of the scheduled periodic

28  balances of principal, would produce at maturity the same

29  total amount of interest as would result from the application

30  of the two or more rates otherwise permitted, based upon the

31  assumption that all payments are made as agreed.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1         (2)  The annual percentage rate that may be charged for

 2  a title loan may equal, but not exceed, the annual percentage

 3  rate that must be computed and disclosed as required by the

 4  federal Truth in Lending Act and Regulation Z of the Board of

 5  Governors of the Federal Reserve System. The maximum annual

 6  percentage rate of interest that may be charged is 12 times

 7  the maximum monthly rate, and the maximum monthly rate must be

 8  computed on the basis of one-twelfth of the annual rate for

 9  each full month. The Department of Banking and Finance shall

10  establish by rule the rate for each day in a fraction of a

11  month when the period for which the charge is computed is more

12  or less than 1 month.

13         (3)  A title loan agreement may be extended for one or

14  more 30-day periods by mutual consent of the title loan lender

15  and the borrower.  Each extension of a title loan agreement

16  shall be executed in a separate extension agreement each of

17  which shall comply with the requirements for executing a title

18  loan agreement as provided in this act.  The interest rate

19  charged in any title loan extension agreement shall not exceed

20  the interest rate charged in the related title loan agreement.

21  A title loan lender may not capitalize in any title loan

22  extension agreement any unpaid interest due on the related

23  title loan agreement or any subsequent extensions to that

24  title loan agreement.

25         (4)  Any interest contracted for or received, directly

26  or indirectly, by a title loan lender, or an agent of the

27  title loan lender, in excess of the amounts authorized under

28  this chapter are prohibited and may not be collected by the

29  title loan lender or an agent of the title loan lender.

30         (a)  If such excess interest resulted from a bona fide

31  error by the title loan lender, or an agent of the title loan

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1  lender, the title loan agreement shall be voidable and the

 2  lender shall refund the excess interest to the borrower within

 3  20 days after discovery by the lender or borrower of the bona

 4  fide error, whichever occurs first.

 5         (b)  If such excess interest resulted from an act by

 6  the title loan lender, or an agent of the title loan lender,

 7  to circumvent the maximum title loan interest allowed by this

 8  act, the title loan agreement is void. The lender shall refund

 9  to the borrower any interest paid on the title loan and return

10  to the borrower the loan property. The title loan lender

11  forfeits the lender's right to collect any principal owed by

12  the borrower on the title loan.

13         (c)  The department may order a title loan lender, or

14  an agent of the title loan lender, to comply with the

15  provisions of paragraphs (a) and (b).

16         (5)  Any interest contracted for or received, directly

17  or indirectly, by a title loan lender, or an agent of the

18  title loan lender, in excess of the amount allowed by this act

19  constitutes a violation of chapter 687, Florida Statutes,

20  governing interest and usury, and the penalties of that

21  chapter apply.

22         Section 11.  Repossession, disposal of pledged

23  property; excess proceeds.--

24         (1)  If a borrower fails to repay all amounts legally

25  due under the title loan agreement on or before the end of the

26  title loan's maturity date or any extension of such date and

27  fails to make a payment on the loan within 30 days after the

28  end of the loan's maturity date or any extension of such date,

29  whichever is later, the title loan lender may take possession

30  of the titled personal property. A lender may take possession

31  of the titled personal property only through an agent who is

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1  licensed by the state to repossess motor vehicles.

 2         (2)  Prior to engaging a repossession agent, the lender

 3  shall afford the debtor an opportunity to make the titled

 4  personal property available to the lender at a place, date,

 5  and time reasonably convenient to the lender and the borrower.

 6  Prior to taking possession of titled personal property, the

 7  lender shall afford the borrower a reasonable opportunity to

 8  remove from the titled personal property any personal

 9  belongings without charge or additional cost to the borrower.

10  After the lender takes possession of the titled personal

11  property, the lender, at the lender's sole expense and risk,

12  may authorize a third party to retain physical possession of

13  the titled personal property.

14         (3)  Upon taking possession of titled personal

15  property, the lender may dispose of the titled personal

16  property by sale but may do so only through a motor vehicle

17  dealer licensed under s. 320.27, Florida Statutes. At least 10

18  days prior to sale, the lender shall notify the borrower of

19  the date, time, and place of the sale and provide the borrower

20  with a written accounting of the principal amount due on the

21  title loan, interest accrued through the date the lender takes

22  possession of the titled personal property, and any reasonable

23  expenses incurred to date by the lender in taking possession

24  of, preparing for sale, and selling the titled personal

25  property. At any time prior to such sale, the lender shall

26  permit the borrower to redeem the titled personal property by

27  tendering a money order or certified check for the principal

28  amount of the title loan, interest accrued through the date

29  the lender takes possession, and any reasonable expenses

30  incurred to date by the lender in taking possession of,

31  preparing for sale, and selling the titled personal property.

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1  Nothing in this act nor in any title loan agreement shall

 2  preclude a borrower from purchasing the titled personal

 3  property at any sale.

 4         (4)  Any such sale or disposal shall vest in the

 5  purchaser the right, title, and interest of the owner and the

 6  title loan lender.

 7         (5)  Within 30 days after the sale of the titled

 8  personal property, the borrower is entitled to receive all

 9  proceeds from the sale of the motor vehicle in excess of the

10  principal amount due on the loan, interest on the loan up to

11  the date the lender took possession, and the reasonable

12  expenses incurred by the lender in taking possession of,

13  preparing for sale, and selling the titled personal property.

14  The borrower is entitled to reasonable attorney's fees and

15  costs incurred in any action brought to recover such proceeds

16  that results in the title loan lender being ordered to return

17  all or part of such amount.

18         (6)  The rights and remedies provided in this section

19  are cumulative. Except as otherwise provided in this section,

20  the disposal of titled personal property is subject to the

21  provisions of chapter 679, Florida Statutes.

22         (7)  In taking possession and disposing of titled

23  personal property by sale or otherwise, the title loan lender

24  shall at all times proceed in a commercially reasonable

25  manner.

26         Section 12.  Prohibited acts.--

27         (1)  A title loan lender, or any agent or employee of a

28  title loan lender, shall not:

29         (a)  Falsify or fail to make an entry of any material

30  matter in a title loan agreement or any extension of such

31  agreement.

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1         (b)  Refuse to allow the department to inspect

 2  completed title loan agreements, extensions of such

 3  agreements, or loan property during the ordinary operating

 4  hours of the title loan lender's business or other times

 5  acceptable to both parties.

 6         (c)  Enter into a title loan agreement with a person

 7  under the age of 18 years.

 8         (d)  Make any agreement requiring or allowing for the

 9  personal liability of a borrower or the waiver of any of the

10  provisions of this act.

11         (e)  Knowingly enter into a title loan agreement with

12  any person who is under the influence of drugs or alcohol when

13  such condition is visible or apparent, or with any person

14  using a name other than such person's own name or the

15  registered name of the person's business.

16         (f)  Fail to exercise reasonable care, as defined by

17  department rule, in the safekeeping of loan property or of

18  titled personal property repossessed pursuant to this act.

19         (g)  Fail to return loan property or repossessed titled

20  personal property to a borrower, with any and all of the title

21  loan lender's liens on the property properly released, upon

22  payment of the full amount due the title loan lender, unless

23  the property has been seized or impounded by an authorized law

24  enforcement agency, taken into custody by a court, or

25  otherwise disposed of by court order.

26         (h)  Sell or otherwise charge for any type of insurance

27  in connection with a title loan agreement.

28         (i)  Charge or receive any finance charge, interest, or

29  fees which are not authorized pursuant to this act.

30         (j)  Act as a title loan lender without an active

31  license issued under this act.

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1         (k)  Refuse to accept partial payments toward

 2  satisfying any obligation owed under a title loan agreement or

 3  extension of such agreement.

 4         (l)  Charge a prepayment penalty.

 5         (m)  Engage in the business of selling new or used

 6  motor vehicles, or parts for motor vehicles.

 7         (n)  Act as a title loan lender under this act within a

 8  place of business in which the licensee solicits or engages in

 9  business outside the scope of this act if the department

10  determines that the licensee's operation of and conduct

11  pertaining to such other business results in an evasion of

12  this act.  Upon making such a determination, the department

13  shall order the licensee to cease and desist from such

14  evasion, provided, no licensee shall engage in the pawnbroker

15  business.

16         (2)  Title loan companies may not advertise using the

17  words "interest free loans" or "no finance charges."

18         Section 13.  Right to reclaim; lost title loan

19  agreement.--

20         (1)  Any person presenting identification of such

21  person as the borrower and presenting the borrower's copy of

22  the title loan agreement to the title loan lender is presumed

23  to be entitled to reclaim the loan property described in the

24  title loan agreement. However, if the title loan lender

25  determines that the person is not the borrower, the title loan

26  lender is not required to allow the redemption of the loan

27  property by such person. The person reclaiming the loan

28  property must sign the borrower's copy of the title loan

29  agreement which the title loan lender may retain to evidence

30  such person's receipt of the loan property. A person

31  reclaiming the loan property who is not the borrower must show

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1  identification to the title loan lender, together with

 2  notarized written authorization from the borrower, and the

 3  title loan lender shall record that person's name and address

 4  on the title loan agreement retained by the title loan lender.

 5  In such case, the person reclaiming the borrower's copy of the

 6  title loan agreement shall be provided a copy of such signed

 7  form as evidence of such agreement.

 8         (2)  If the borrower's copy of the title loan agreement

 9  is lost, destroyed, or stolen, the borrower must notify the

10  title loan lender, in writing by certified or registered mail,

11  return receipt requested, or in person evidenced by a signed

12  receipt, and receipt of such notice shall invalidate such

13  title loan agreement if the loan property has not previously

14  been reclaimed. Before delivering the loan property or issuing

15  a new title loan agreement, the title loan lender shall

16  require the borrower to make a written statement of the loss,

17  destruction, or theft of the borrower's copy of the title loan

18  agreement. The title loan lender shall record on the written

19  statement the type of identification and the identification

20  number accepted from the borrower, the date the statement is

21  given, and the number or date of the title loan agreement

22  lost, destroyed, or stolen. The statement shall be signed by

23  the title loan lender or the title loan office employee who

24  accepts the statement from the borrower.  The title loan

25  lender shall not impose any type of fee for providing the

26  borrower with a copy of the title loan agreement.

27         Section 14.  Criminal penalties.--

28         (1)  Any person who acts as a title loan lender without

29  first securing the license prescribed by this act commits a

30  felony of the third degree, punishable as provided in s.

31  775.082, s. 775.083, or s. 775.084, Florida Statutes.

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1         (2)  In addition to any other applicable penalty, any

 2  person who willfully violates any provision of this act or who

 3  willfully makes a false entry in any record specifically

 4  required by this act commits a misdemeanor of the first

 5  degree, punishable as provided in s. 775.082 or s. 775.083,

 6  Florida Statutes.

 7         Section 15.  Subpoenas; enforcement actions; rules.--

 8         (1)  The department may issue and serve subpoenas to

 9  compel the attendance of witnesses and the production of

10  documents, papers, books, records, and other evidence before

11  the department in any matter pertaining to this act. The

12  department may administer oaths and affirmations to any person

13  whose testimony is required. If any person refuses to testify,

14  produce books, records, and documents, or otherwise refuses to

15  obey a subpoena issued under this section, the department may

16  enforce the subpoena in the same manner as subpoenas issued

17  under the Administrative Procedure Act are enforced. Witnesses

18  are entitled to the same fees and mileage as they are entitled

19  to by law for attending as witnesses in the circuit court,

20  unless such examination or investigation is held at the place

21  of business or residence of the witness.

22         (2)  In addition to any other powers conferred upon the

23  department to enforce or administer this act, the department

24  may:

25         (a)  Bring an action in any court of competent

26  jurisdiction to enforce or administer this act, any rule or

27  order adopted under this act, or any written agreement entered

28  into with the department. In such action, the department may

29  seek any relief at law or equity, including a temporary or

30  permanent injunction, appointment of a receiver or

31  administrator, or an order of restitution.

                                  23
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1         (b)  Issue and serve upon a person an order requiring

 2  such person to cease and desist and take corrective action

 3  whenever the department finds that such person is violating,

 4  has violated, or is about to violate any provision of this

 5  act, any rule or order adopted under this act, or any written

 6  agreement entered into with the department.

 7         (c)  Whenever the department finds that conduct

 8  described in paragraph (b) presents an immediate danger to the

 9  public health, safety, or welfare requiring an immediate final

10  order, the department may issue an emergency cease and desist

11  order reciting with particularity the facts underlying such

12  findings. The emergency cease and desist order is effective

13  immediately upon service of a copy of the order on the

14  respondent named in the order and shall remain effective for

15  90 days. If the department begins nonemergency proceedings

16  under paragraph (b), the emergency cease and desist order

17  remains effective until the conclusion of the proceedings

18  under ss. 120.569 and 120.57, Florida Statutes.

19         (3)  The department may adopt rules to administer this

20  act.

21         Section 16.  Investigations and complaints.--

22         (1)  The department may make any investigation and

23  examination of any licensee or other person the department

24  deems necessary to determine compliance with this act. For

25  such purposes, the department may examine the books, accounts,

26  records, and other documents or matters of any licensee or

27  other person. The department may compel the production of all

28  relevant books, records, and other documents and materials

29  relative to an examination or investigation. Examinations

30  shall not be made more often than once during any 12-month

31  period unless the department has reason to believe the

                                  24
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1  licensee is not complying with the provisions of this act.

 2         (2)  The department shall conduct all examinations at a

 3  convenient location in this state unless the department

 4  determines that it is more effective or cost-efficient to

 5  perform an examination at the licensee's out-of-state

 6  location.  For an examination performed at the licensee's

 7  out-of-state location, the licensee shall pay the travel

 8  expense and per diem subsistence at the rate provided by law

 9  for up to 30 8-hour days per year for each department examiner

10  who participates in such an examination.  However, if the

11  examination involves or reveals possible fraudulent conduct by

12  the licensee, the licensee shall pay the travel expenses and

13  per diem subsistence provided by law, without limitation, for

14  each participating examiner.

15         (3)  Any person having reason to believe that any

16  provision of this act has been violated may file with the

17  department a written complaint setting forth the details of

18  such alleged violation and the department may investigate such

19  complaint.

20         Section 17.  Paragraphs (a) and (h) of subsection (1)

21  of section 538.03, Florida Statutes, are amended to read:

22         538.03  Definitions; applicability.--

23         (1)  As used in this part, the term:

24         (a)  "Secondhand dealer" means any person, corporation,

25  or other business organization or entity which is not a

26  secondary metals recycler subject to part II and which is

27  engaged in the business of purchasing, consigning, or pawning

28  secondhand goods or entering into title loan transactions.

29  However, secondhand dealers are not limited to dealing only in

30  items defined as secondhand goods in paragraph (g).  Except as

31  provided in subsection (2), the term means pawnbrokers,

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1  jewelers, precious metals dealers, garage sale operators,

 2  secondhand stores, and consignment shops.

 3         (h)  "Transaction" means any title loan, purchase,

 4  consignment, or pawn of secondhand goods by a secondhand

 5  dealer.

 6         Section 18.  Subsection (1) of section 538.16, Florida

 7  Statutes, is amended to read:

 8         538.16  Secondhand dealers; disposal of property.--

 9         (1)  Any personal property pawned with a pawnbroker,

10  whether the pawn is a loan of money or a buy-sell agreement or

11  a motor vehicle which is security for a title loan, is subject

12  to sale or disposal if the pawn is a loan of money and the

13  property has not been redeemed or there has been no payment on

14  account made for a period of 90 days, or if the pawn is a

15  buy-sell agreement or if it is a title loan and the property

16  has not been repurchased from the pawnbroker or the title

17  redeemed from the title lender or there has been no payment

18  made on account within 60 days.

19         Section 19.  Nothing in this act precludes a county or

20  municipality from adopting ordinances more restrictive, in

21  whole or in part, than the provisions of this act.

22         Section 20.  Effective July 1, 2000, the sum of

23  $500,000 is hereby appropriated for the 2000-2001 fiscal year

24  from the Regulatory Trust Fund of the Department of Banking

25  and Finance to the department to fund eight positions for the

26  purpose of carrying out the provisions of this act.

27         Section 21.  Paragraph (i) of subsection (1) of section

28  538.03, Florida Statutes, subsection (5) of section 538.06,

29  Florida Statutes, and subsections (4) and (5) of section

30  538.15, Florida Statutes, are repealed.

31         Section 22.  If any provision of this act or the

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1  application thereof to any person or circumstance is held

 2  invalid, the invalidity shall not affect other provisions or

 3  applications of the act which can be given effect without the

 4  invalid provision or application, and to this end the

 5  provisions of this act are declared severable.

 6         Section 23.  Except as otherwise provided in this act,

 7  this act shall take effect October 1, 2000.

 8

 9

10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         Delete everything before the enacting clause

13

14  and insert:

15                      A bill to be entitled

16         An act relating to title loan transactions;

17         creating the "Florida Title Loan Act";

18         providing legislative intent; providing

19         definitions; requiring licensure by the

20         Department of Banking and Finance to act as a

21         title loan lender; providing for application

22         for licensure; requiring a bond, a

23         nonrefundable application fee, a nonrefundable

24         investigation fee, and fingerprinting;

25         providing for waiver of fingerprinting;

26         providing for inactive licenses; providing for

27         renewal and reactivation of licenses; providing

28         for a renewal fee and a reactivation fee;

29         providing for disposition of certain moneys;

30         providing for acquisition of an interest in a

31         licensee under certain circumstance; providing

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1         for denial, suspension, or revocation of

 2         license; specifying acts which constitute

 3         violations for which certain disciplinary

 4         actions may be taken; providing a fine;

 5         providing remedies for title loans made or

 6         serviced without licensure; providing for a

 7         title loan agreement; providing requirements;

 8         providing for reclaiming a repossessed motor

 9         vehicle under certain circumstances; providing

10         entitlement to certain excess proceeds of a

11         sale or disposal of a motor vehicle; providing

12         for recordkeeping and reporting and safekeeping

13         of property; providing for title loan interest

14         rates; providing requirements and limitations;

15         providing for extensions; providing for return

16         of principal and interest to the borrower under

17         certain circumstance; providing a holding

18         period when there is a failure to reclaim;

19         providing for the disposal of pledged property;

20         providing for disposition of excess proceeds;

21         prohibiting certain acts; providing for the

22         right to reclaim; providing for lost title loan

23         agreements; providing for a title loan lenders

24         lien; providing for criminal penalties;

25         providing for subpoenas, enforcement of

26         actions, and rules; providing for

27         investigations and complaints; authorizing the

28         department to adopt rules; amending ss. 538.03

29         and 538.16, F.S.; deleting provisions relating

30         to title loan transactions; providing for more

31         restrictive local ordinances; providing an

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS for SB's 1834 & 694

    Amendment No.    





 1         appropriation; repealing ss. 538.03(1)(i),

 2         538.06(5), and 538.15(4) and (5), F.S.,

 3         relating to title loan transactions by

 4         secondhand dealers; providing severability;

 5         providing effective dates.

 6

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10

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12

13

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