Senate Bill 2294

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    Florida Senate - 1999                                  SB 2294

    By Senator Campbell





    33-1400-99

  1                      A bill to be entitled

  2         An act relating to deferred presentment of

  3         checks; creating part IV of chapter 560, F.S.;

  4         defining the terms "deferred presentment,"

  5         "maker," "registrant," "renewal," and "service

  6         fee"; providing conditions for engaging in

  7         deferred presentment transactions; providing an

  8         effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Part IV of chapter 560, Florida Statutes,

13  consisting of sections 560.401, 560.402, and 560.403, Florida

14  Statutes, is created to read:

15         560.401  Short title.--This part may be cited as the

16  "Deferred Presentment Act."

17         560.402  Definitions.--In addition to the definitions

18  provided in ss. 560.103 and 560.301, as used in this part, the

19  term:

20         (1)  "Deferred presentment" means a transaction in

21  which a check is cashed by a person licensed under s. 560.301

22  and, by mutual agreement between the registrant and the maker

23  of the check, its presentment or negotiation is deferred for a

24  period of time not to exceed 31 days. A deferred presentment

25  transaction that complies with the rules contained in s.

26  560.403 may not be construed to be a loan under state law.

27         (2)  "Maker" means any person who writes a personal

28  check and upon whose account the check is drawn.

29         (3)  "Registrant" means a person registered under s.

30  560.301.

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    Florida Senate - 1999                                  SB 2294
    33-1400-99




  1         (4)  "Renewal" means the termination of an existing

  2  deferred presentment agreement solely by the payment of fees

  3  then due the licensee and the substitution of a new check

  4  drawn by the maker pursuant to a new deferred presentment

  5  agreement.

  6         (5)  "Service fee" means the fee authorized for the

  7  deferral of the presentation of a check pursuant to this part.

  8  This fee does not constitute interest for any purpose.

  9         560.403  Transactions.--A person may engage in deferred

10  presentment transactions, subject to the following:

11         (1)  A person may not engage in deferred presentment

12  transactions without first obtaining registration under the

13  provisions of s. 560.301.

14         (2)  A registrant may not charge fees in excess of 20

15  percent of the amount paid to the maker of the check whose

16  presentment or negotiation is deferred.

17         (3)  A deferred presentment agreement may not be for a

18  term in excess of 31 days.

19         (4)  Makers who write a check for a deferred

20  presentment transaction on an acocunt that was closed on the

21  date of the transaction or that is closed before the agreed

22  upon negotiation date of the deferred presentment, are subject

23  to all civil and criminal penalties available at law. If a

24  check is returned to a registrant from a payer financial

25  institution due to insufficient funds or a closed account or

26  stop payment order, the registrant may pursue all legally

27  available civil means to collect the check including, without

28  limitation, the imposition of all charges imposed on the

29  registrant by the payer financial institution. Except as

30  otherwise provided in this part, an individual who issues a

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    Florida Senate - 1999                                  SB 2294
    33-1400-99




  1  personal check to a licensee under a deferred presentment

  2  agreement is not subject to criminal penalty.

  3         (5)  Proceeds to the maker in a deferred presentment

  4  transaction may be made in the form of the registrant's

  5  business check or money order if the person is licensed under

  6  s. 560.200. However, no additional fee may be charged by a

  7  registrant for cashing the registrant's check.

  8         (6)  A registrant may not renew any deferred

  9  presentment transaction more than two consecutive times, after

10  which the deferred presentment check must be paid in cash or

11  its equivalent by the maker or deposited by the registrant.

12  Once the issuer of a check has completed a deferred

13  presentment transaction with a licensee, he or she may enter

14  into a new agreement for deferred presentment services with

15  the licensee. A transaction is completed when a check is

16  presented for payment, is deposited, or is redeemed by the

17  issuer by payment in full in cash to the licensee.

18         (7)  The face amount of a check taken for deferred

19  presentment may not exceed $500, exclusive of the fees allowed

20  by this section.

21         (8)  Each deferred presentment transaction must be

22  documented by a written agreement. The written agreement must

23  contain the name or trade name of the registrant, the

24  transaction date, the amount of the check, and a statement of

25  the total amount of fees charged, expressed both as a dollar

26  amount and its effective annual percentage rate. The written

27  agreement must authorize the registrant to defer presentment

28  or negotiation of the check until after a specific date, not

29  later than 31 days from the date the check is accepted by the

30  registrant.

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    Florida Senate - 1999                                  SB 2294
    33-1400-99




  1         (9)  A registrant or person related to the registrant

  2  by common ownership or control may not have outstanding more

  3  than two checks from any one customer at any one time; nor may

  4  the aggregate face value of all outstanding checks from any

  5  one customer payable to any registrant exceed $1,000. Each

  6  registrant may rely on a written representation of a customer

  7  regarding the existence of any outstanding checks for deferred

  8  presentment.

  9         (10)  A registrant must provide a notice in a prominent

10  place on each deferred presentment agreement in at least

11  10-point type in substantially the following form:

12

13                              NOTICE

14         STATE LAW PROHIBITS YOU FROM HAVING MORE THAN

15         TWO DEFERRED PRESENTMENT TRANSACTIONS TOTALING

16         MORE THAN $1,000 OUTSTANDING AT ANY TIME.

17         FAILURE TO OBEY THIS LAW COULD CREATE SEVERE

18         FINANCIAL HARDSHIP FOR YOU AND YOUR FAMILY.

19

20         (11)  A registrant may charge only those fees

21  specifically authorized in this section.

22         Section 2.  This act shall take effect upon becoming a

23  law.

24

25            *****************************************

26                          SENATE SUMMARY

27    Provides conditions for transactions involving the
      deferred presentment of checks.
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29

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