Florida Senate - 2016                                     SB 626
       
       
        
       By Senator Gaetz
       
       
       
       
       
       1-00602A-16                                            2016626__
    1                        A bill to be entitled                      
    2         An act relating to consumer credit; amending s.
    3         516.07, F.S.; authorizing the Office of Financial
    4         Regulation to deny a license or take disciplinary
    5         action against a person who violates the Military
    6         Lending Act or the regulations adopted under that act
    7         in connection with a consumer finance loan under the
    8         Florida Consumer Finance Act; amending s. 537.013,
    9         F.S.; prohibiting a title loan lender or its agent or
   10         employee from violating the Military Lending Act or
   11         the regulations adopted under that act; amending s.
   12         560.114, F.S.; authorizing the office to take
   13         disciplinary action or deny a license of a money
   14         services business, authorized vendor, or affiliated
   15         party in connection with a deferred presentment
   16         transaction for violating the Military Lending Act or
   17         the regulations adopted under that act; amending s.
   18         655.033, F.S.; authorizing the office to issue a cease
   19         and desist order against a state financial
   20         institution, subsidiary, service corporation,
   21         financial institution-affiliated party, or individual
   22         for violating the Military Lending Act or the
   23         regulations adopted under that act; providing
   24         applicability; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Paragraph (q) is added to subsection (1) of
   29  section 516.07, Florida Statutes, to read:
   30         516.07 Grounds for denial of license or for disciplinary
   31  action.—
   32         (1) The following acts are violations of this chapter and
   33  constitute grounds for denial of an application for a license to
   34  make consumer finance loans and grounds for any of the
   35  disciplinary actions specified in subsection (2):
   36         (q) Violating any provision of the Military Lending Act, 10
   37  U.S.C. s. 987, or the regulations adopted under that act in 32
   38  C.F.R. part 232, in connection with a consumer finance loan made
   39  under this chapter.
   40         Section 2. Paragraph (o) is added to subsection (1) of
   41  section 537.013, Florida Statutes, to read:
   42         537.013 Prohibited acts.—
   43         (1) A title loan lender, or any agent or employee of a
   44  title loan lender, shall not:
   45         (o) Violate any provision of the Military Lending Act, 10
   46  U.S.C. s. 987, or the regulations adopted under that act in 32
   47  C.F.R. part 232, in connection with a title loan made under this
   48  chapter.
   49         Section 3. Paragraph (cc) is added to subsection (1) of
   50  section 560.114, Florida Statutes, to read:
   51         560.114 Disciplinary actions; penalties.—
   52         (1) The following actions by a money services business,
   53  authorized vendor, or affiliated party constitute grounds for
   54  the issuance of a cease and desist order; the issuance of a
   55  removal order; the denial, suspension, or revocation of a
   56  license; or taking any other action within the authority of the
   57  office pursuant to this chapter:
   58         (cc) Violating any provision of the Military Lending Act,
   59  10 U.S.C. s. 987, or the regulations adopted under that act in
   60  32 C.F.R. part 232, in connection with a deferred presentment
   61  transaction conducted under part IV of this chapter.
   62         Section 4. Subsection (1) of section 655.033, Florida
   63  Statutes, is amended to read:
   64         655.033 Cease and desist orders.—
   65         (1) The office may issue and serve upon any state financial
   66  institution, subsidiary, or service corporation, or upon any
   67  financial institution-affiliated party, a complaint stating
   68  charges whenever the office has reason to believe that such
   69  state financial institution, subsidiary, service corporation,
   70  financial institution-affiliated party, or individual named
   71  therein is engaging in or has engaged in conduct that is:
   72         (a) An unsafe or unsound practice;
   73         (b) A violation of any law relating to the operation of a
   74  financial institution;
   75         (c) A violation of any rule of the commission;
   76         (d) A violation of any order of the office;
   77         (e) A breach of any written agreement with the office;
   78         (f) A prohibited act or practice pursuant to s. 655.0322;
   79  or
   80         (g) A willful failure to provide information or documents
   81  to the office or any appropriate federal agency, or any of its
   82  representatives, upon written request; or.
   83         (h) A violation of any provision of the Military Lending
   84  Act, 10 U.S.C. s. 987, or the regulations adopted under that act
   85  in 32 C.F.R. part 232.
   86         Section 5. This act applies to a consumer credit
   87  transaction or account for consumer credit established on or
   88  after October 3, 2016, except it does not apply to a credit card
   89  account exempted under 32 C.F.R. s. 232.13(c) until the
   90  exemption expires.
   91         Section 6. This act shall take effect October 3, 2016.