Florida Senate - 2017                                     SB 594
       
       
        
       By Senator Garcia
       
       36-00436A-17                                           2017594__
    1                        A bill to be entitled                      
    2         An act relating to consumer finance; amending s.
    3         516.031, F.S.; authorizing a licensee to make
    4         specified loans under certain conditions; revising
    5         provisions relating to certain other charges for
    6         consumer loans; amending s. 516.36, F.S.; revising
    7         installment requirements for consumer loans; providing
    8         an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (1) and paragraph (b) of subsection
   13  (3) of section 516.031, Florida Statutes, are amended to read:
   14         516.031 Finance charge; maximum rates.—
   15         (1) INTEREST RATES.—A licensee may lend any sum of money up
   16  to $25,000. A licensee may not take a security interest secured
   17  by land on any loan less than $1,000. The licensee may charge,
   18  contract for, and receive thereon interest charges as provided
   19  and authorized by this section. If two or more interest rates
   20  are applied to the principal amount of a loan, the licensee may
   21  charge, contract for, and receive interest at that single annual
   22  percentage rate that, if applied according to the actuarial
   23  method to each of the scheduled periodic balances of principal,
   24  would produce at maturity the same total amount of interest as
   25  would result from the application of the two or more rates
   26  otherwise permitted, based upon the assumption that all payments
   27  are made as agreed.
   28         (a)Except as provided in paragraph (b), the maximum
   29  interest rate shall be 30 percent per annum, computed on the
   30  first $3,000 of the principal amount; 24 percent per annum on
   31  that part of the principal amount exceeding $3,000 and up to
   32  $4,000; and 18 percent per annum on that part of the principal
   33  amount exceeding $4,000 and up to $25,000. The original
   34  principal amount as used in this paragraph section is the same
   35  as the amount financed as defined by the federal Truth in
   36  Lending Act and Regulation Z of the federal Consumer Financial
   37  Protection Bureau Board of Governors of the Federal Reserve
   38  System. In determining compliance with the statutory maximum
   39  interest and finance charges set forth in this subsection
   40  herein, the computations used must shall be simple interest and
   41  not add-on interest or any other computations.
   42         (b)A licensee may make a loan in a principal amount less
   43  than $10,000, and charge, contract for, and receive interest
   44  charges and other charges authorized by this chapter, subject to
   45  the following:
   46         1.A borrower may rescind the loan by notifying the
   47  licensee of such intent, and returning to the licensee the full
   48  principal amount of the loan advanced to the borrower within 1
   49  business day after the date the loan is made. The licensee must
   50  disclose such right in writing to the borrower before the loan
   51  is made.
   52         2.A licensee may not take any security interest on the
   53  loan.
   54         3.The term of the loan may not be less than 120 days.
   55         4.The maximum annual interest rate of the loan shall be 36
   56  percent per annum, computed on the original principal amount of
   57  the loan. The interest rate of the loan calculated as of the
   58  date the loan is made must be fixed for the life of the loan.
   59  The original principal amount of the loan is equal to the amount
   60  financed as defined by the federal Truth in Lending Act and
   61  Regulation Z of the federal Consumer Financial Protection
   62  Bureau. In determining compliance with the statutory maximum
   63  interest rate in this paragraph, the computations used must be
   64  simple interest and may not be add-on interest or any other
   65  computations.
   66         5.A licensee may not induce or permit any person to become
   67  obligated to the licensee, directly or contingently, or both,
   68  under more than one loan with the licensee made under this
   69  paragraph at the same time.
   70         6.A licensee may not refinance a loan made under this
   71  paragraph with another loan made under this paragraph, unless
   72  the borrower has repaid at least 60 percent of the outstanding
   73  principal remaining on his or her loan and his or her
   74  outstanding loan is not in default. For purposes of this
   75  paragraph, the term “refinance” means the replacement or
   76  revision of an existing loan contract with a borrower which
   77  results in an extension of additional principal to that
   78  borrower.
   79         7.The licensee must underwrite each loan to determine a
   80  borrower’s ability and willingness to repay the loan pursuant to
   81  the loan terms, and may not make a loan if it determines,
   82  through its underwriting, that the borrower’s total monthly debt
   83  service payments, at the time of loan origination, including the
   84  loan for which the borrower is being considered, and across all
   85  outstanding forms of credit that can be independently verified
   86  by the licensee, exceed 50 percent of the borrower’s gross
   87  monthly income. The licensee must seek information and
   88  documentation relating to all of a borrower’s outstanding debt
   89  obligations during the loan application and underwriting
   90  process, including loans that are self-reported by the borrower
   91  and not available for independent verification by the licensee.
   92  The licensee must verify such information and documentation
   93  using a credit report from at least one consumer reporting
   94  agency that compiles and maintains files on consumers on a
   95  nationwide basis or using other available electronic debt
   96  verification services that provide reliable evidence of a
   97  borrower’s outstanding debt obligations. The licensee must also
   98  verify the borrower’s income upon which the licensee relies to
   99  determine the borrower’s debt-to-income ratio using reliable
  100  evidence of the borrower’s actual income.
  101         8.The licensee must report each borrower’s full payment
  102  performance under the loan, including positive payment
  103  performance, to at least one consumer reporting agency that
  104  compiles and maintains files on consumers on a nationwide basis
  105  as defined in s. 603(p) of the federal Fair Credit Reporting
  106  Act, 15 U.S.C. s. 1681a(p), upon the licensee’s acceptance as a
  107  data furnisher by that consumer reporting agency.
  108         9.Before making the loan, the licensee must disclose in
  109  writing to the borrower information about the office’s consumer
  110  credit counseling services available under s. 516.32.
  111         10.a.A licensee may not initiate a payment transfer from a
  112  borrower’s bank account in connection with collecting an amount
  113  due under the loan after the licensee has attempted to initiate
  114  the payment transfer two consecutive times and each attempt
  115  resulted in a return indicating that the borrower’s bank account
  116  lacked sufficient funds. A licensee may collect only one
  117  insufficient funds fee for each payment transfer that is
  118  dishonored, regardless of whether the payment transfer was
  119  initiated and dishonored a second time. A licensee may not
  120  condition the making of a loan on the borrower’s repayment by
  121  one or more electronic funds transfers or predated checks.
  122         b.For purposes of this paragraph, the term “payment
  123  transfer” means a debit or funds withdrawal and includes, but is
  124  not limited to, an electronic funds transfer as defined in the
  125  federal Electronic Funds Transfer Act and Regulation E of the
  126  federal Consumer Financial Protection Bureau, or a paper check
  127  processed through a funds-transfer system, as defined in s.
  128  670.105, or through the Automated Clearing House (ACH) network.
  129  If two or more interest rates are applied to the principal
  130  amount of a loan, the licensee may charge, contract for, and
  131  receive interest at that single annual percentage rate which, if
  132  applied according to the actuarial method to each of the
  133  scheduled periodic balances of principal, would produce at
  134  maturity the same total amount of interest as would result from
  135  the application of the two or more rates otherwise permitted,
  136  based upon the assumption that all payments are made as agreed.
  137         (3) OTHER CHARGES.—
  138         (b) Notwithstanding the provisions of paragraph (a), any
  139  lender of money who receives a check, draft, electronic funds
  140  transfer as defined in the federal Electronic Funds Transfer Act
  141  and Regulation E of the federal Consumer Financial Protection
  142  Bureau, negotiable order of withdrawal, or like instrument or
  143  transfer drawn on a bank or other depository institution, which
  144  instrument or transfer is given by a borrower as full or partial
  145  repayment of a loan, may, if such instrument or transfer is not
  146  paid or is dishonored by such institution, make and collect from
  147  the borrower an insufficient funds fee a bad check charge of not
  148  more than the greater of $20 or an amount equal to the actual
  149  fee charged charge made to the lender by the depository
  150  institution for the return of the unpaid or dishonored
  151  instrument or transfer.
  152         Section 2. Section 516.36, Florida Statutes, is amended to
  153  read:
  154         516.36 Monthly Installment requirement.—Every loan made
  155  pursuant to this chapter shall be repaid in approximately equal,
  156  periodic monthly installments, except that the amount of the
  157  final installment may be less than the amount of the prior
  158  installments. Installments must be paid biweekly or monthly as
  159  nearly equal as mathematically practicable. This section shall
  160  not apply to lines of credit.
  161         Section 3. This act shall take effect July 1, 2017.