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





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Sublette offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

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 Article 9, part V of ch. 679, Florida Statutes, in

28  addition, nonpublic sales or disposal of personal property

29  between title loan lenders and their business affiliates or

30  family members are sales and disposal that are presumed not to

31  be in a commercially reasonable fashion.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





 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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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





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

 2  vehicle, except such loans made pursuant to licensees under

 3  chapter 516, chapter 520 or chapter 655.

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

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

 6  a title loan to a borrower.

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

 8  who engages in the business of making or servicing title

 9  loans.

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

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

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

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

14  services title loans.

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

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

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

18  residence of the borrower.

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

20  directly or indirectly, owns or controls an ownership interest

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

22  organization, or any other form of business organization,

23  regardless of whether such person owns or controls such

24  ownership interest through one or more persons or one or more

25  proxies, powers of attorney, nominees, corporations,

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

27  other entities or devices, or any combination thereof.

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

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

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

31  active title loan lender license issued by the department

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





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

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

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

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

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

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

 7  $1,200, a nonrefundable investigation fee of $200, and a

 8  complete set of fingerprints taken by an authorized law

 9  enforcement officer.  The department shall submit such

10  fingerprints to the Department of Law Enforcement or the

11  Federal Bureau of Investigation for state and federal

12  processing. The department may waive, by rule, the requirement

13  that applicants must file a set of fingerprints or the

14  requirement that such fingerprints must be processed by the

15  Department of Law Enforcement or the Federal Bureau of

16  Investigation.

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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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





 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 25 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. The department shall adopt rules

16  providing for waiver of the application required by this

17  subsection when such purchase or acquisition of a licensee is

18  made by another licensee licensed under this act or when the

19  application is otherwise unnecessary in the public interest.

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

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

22  this act.

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

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

25  Department of Banking and Finance.

26         Section 5.  Application for license.--

27         (1)  A verified application for licensure under this

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

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

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





 1  residence and business address of each ultimate equitable

 2  owner of 25 percent or more of such entity and each director,

 3  general partner, and executive officer of such entity.

 4         (b)  State whether any individual identified in

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

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

 7  felony, regardless of whether adjudication was withheld.

 8         (c)  Identify the county and municipality with the

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

10  conducted.

11         (d)  Contain additional information as the department

12  determines by rule to be necessary to ensure compliance with

13  this act.

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

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

16  director, and shareholder if the applicant is owned directly

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

18  securities registered pursuant to section 12 of the Securities

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

20  15(d) of such act, is an issuer of securities which is

21  required to file reports with the Securities and Exchange

22  Commission, if the person files with the department any

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

24  filed with the Securities and Exchange Commission.

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

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

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

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

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

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

31  deposit or an irrevocable letter of credit in a financial

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





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

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

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

 4  department, and the department shall be the beneficiary to

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

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

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

 8  loan transaction by the fraud, misrepresentation, breach of

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

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

11  enforced either by proceeding in an administrative action or

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

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

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

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

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

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

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

19  enforceable only by and through administrative proceedings

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

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

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

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

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

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

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

27  certificate of deposit, or letter of credit.

28         (4)  The department shall approve an application and

29  issue a license if the department determines that the

30  applicant satisfies the requirements of this act.

31         Section 6.  Denial, suspension, or revocation of

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





 1  license.--

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

 3  constitute grounds for the disciplinary actions specified in

 4  subsection (2):

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

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

 7  agreement entered into with the department.

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

 9  negligence in any title loan transaction, regardless of

10  reliance by or damage to the borrower.

11         (c)  Fraudulent misrepresentation, circumvention, or

12  concealment of any matter required to be stated or furnished

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

14  or damage to the borrower.

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

16  title loan transaction.

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

18  title loan lender.

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

20  for examination all books, accounts, or other documents

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

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

23  department.

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

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

26  requirements of this act.

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

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

29  investigation or examination by the department, or to comply

30  with a subpoena issued by the department.

31         (i)  Having been convicted of a crime involving fraud,

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





 1  dishonest dealing, or any act of moral turpitude or acting as

 2  an ultimate equitable owner of 10 percent or more of a

 3  licensee who has been convicted of a crime involving fraud,

 4  dishonest dealing, or any act of moral 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)  Pleading nolo contendere to, or being convicted or

20  found guilty of, a crime involving fraud, dishonest dealing,

21  or any act of moral turpitude, regardless of whether

22  adjudication was withheld.

23         (m)  Failing to continuously maintain the bond required

24  by section 5(3).

25         (n)  Failing to timely pay any fee, charge, or fine

26  imposed or assessed pursuant to this act or rules adopted

27  under this act.

28         (o)  Having a license or registration, or the

29  equivalent, to practice any profession or occupation denied,

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





 1  any act of moral turpitude.

 2         (p)  Having demonstrated unworthiness, as defined by

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

 4  lender.

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

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

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

 8  following actions:

 9         (a)  Denying an application for licensure under this

10  act.

11         (b)  Revoking or suspending a license previously

12  granted pursuant to this act.

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

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

15  conditions as the department specifies.

16         (d)  Issuing a reprimand.

17         (e)  Imposing an administrative fine not to exceed

18  $5,000 for each separate act or violation.

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

20  than a natural person, the eligibility requirements of this

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

22  percent or more of the outstanding equity interest of such

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

24  officer.

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

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

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

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

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

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

31  entity.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





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

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

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

 4  acts.

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

 6  license issued under this act may be suspended or restricted

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

 8  enforcement action or pending criminal prosecution, with any

 9  conduct that would authorize denial or revocation under this

10  section.

11         Section 7.  Remedies for title loans made without

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

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

14  forfeits the right to collect any moneys, including principal

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

16  connection with such agreement.  The person making the title

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

18  titled personal property pledged or the fair market value of

19  such titled personal property, and all principal and interest

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

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

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

23  the loan property, the titled personal property, or the

24  principal and interest paid by the borrower.

25         Section 8.  Title loan agreement.--

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

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

28  agreement, which shall be legibly typed or written in

29  indelible ink and completed as to all essential provisions

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

31  agreement shall include the following information:

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





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

 2  property to which the loan property relates.

 3         (b)  The vehicle identification number, or other

 4  comparable identification number, along with the license plate

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

 6  which the loan property relates.

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

 8  physical description, and social security number of the

 9  borrower.

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

11  the title loan lender and the borrower.

12         (e)  The identification number and the type of

13  identification, including the issuing agency, accepted from

14  the borrower.

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

16  "amount financed."

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

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

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

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

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

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

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

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

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

26  regulations adopted by the Federal Reserve Board pursuant to

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

28  percentage rate."

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

30  all title loan agreements:

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





 1  office.

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

 3  a telephone number to which consumers may address complaints.

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

 5  type that:

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

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

 8  any extension thereof and fails to make a payment on the title

 9  loan within 30 days after the end of the maturity date or any

10  extension thereof, whichever is later, the title loan lender

11  may take possession of the borrower's motor vehicle and sell

12  it in the manner provided by law. Should the vehicle be sold,

13  the borrower is entitled to any proceeds of the sale in excess

14  of the amount owed on the title loan and the reasonable

15  expenses of repossession and sale.

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

17  stolen, the borrower should immediately so advise the issuing

18  title loan lender in writing.

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

20  warrants that the titled personal property to which the loan

21  property relates is not stolen and has no liens or

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

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

24  duplicate certificate of title while the title loan agreement

25  is in effect."

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

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

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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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





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

 2  retain possession of it until the loan property is redeemed.

 3  The borrower shall have the exclusive right to redeem the loan

 4  property by repaying all amounts legally due under the

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

 6  shall immediately return the loan property and commence action

 7  to release any security interest in the titled personal

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

 9  thereof, a title loan lender may retain physical possession of

10  the loan property only. A title loan lender shall not require

11  a borrower to provide any additional security or guaranty as a

12  condition of entering into a title loan transaction.

13         Section 9.  Recordkeeping; reporting; safekeeping of

14  property.--

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

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

17  of the business conducted under the license issued for such

18  place of business as will enable the department to determine

19  the licensee's compliance with this act.

20         (2)  The department may authorize the maintenance of

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

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

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

24  reasonable and convenient location in this state within a

25  reasonable period of time after such a request.

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

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

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

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

30  making the final entry on any loan recorded in such office.

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





 1  lender shall be securely stored and maintained at the title

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

 3  appropriate state agency for the purpose of having a lien

 4  recorded or deleted.

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

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

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

 8  records will enable the department to determine compliance

 9  with the provisions of this act.

10         Section 10.  Title loan charges.--

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

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

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

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

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

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

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

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

19  the Federal Reserve System. In determining compliance with the

20  statutory maximum interest, the computations must be simple

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

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

23  principal amount, the lender may charge interest at that

24  single annual percentage rate which, if applied according to

25  the actuarial method to each of the scheduled periodic

26  balances of principal, would produce at maturity the same

27  total amount of interest as would result from the application

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

29  assumption that all payments are made as agreed.

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





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

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

 3  Governors of the Federal Reserve System. The maximum annual

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

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

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

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

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

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

10  or less than 1 month.

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

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

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

14  shall be executed in a separate extension agreement each of

15  which shall comply with the requirements for executing a title

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

17  charged in any title loan extension agreement shall not exceed

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

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

20  extension agreement any unpaid interest due on the related

21  title loan agreement or any subsequent extensions to that

22  title loan agreement.

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

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

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

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

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

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

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

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

31  lender shall refund the excess interest to the borrower within

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





 1  20 days after discovery by the lender or borrower of the bona

 2  fide error, whichever occurs first.

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

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

 5  to circumvent the maximum title loan interest allowed by this

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

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

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

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

10  the borrower on the title loan.

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

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

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

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

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

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

17  constitutes a violation of chapter 687, Florida Statutes,

18  governing interest and usury, and the penalties of that

19  chapter apply.

20         Section 11.  Repossession, disposal of pledged

21  property; excess proceeds.--

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

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

24  title loan's maturity date or any extension thereof and fails

25  to make a payment on the loan within 30 days after the end of

26  the loan's maturity date or any extension thereof, whichever

27  is later, the title loan lender may take possession of the

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

29  titled personal property only through an agent who is licensed

30  by the state to repossess motor vehicles.

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





 1  shall afford the debtor an opportunity to make the titled

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

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

 4  Prior to taking possession of titled personal property, the

 5  lender shall afford the borrower a reasonable opportunity to

 6  remove from the titled personal property any personal

 7  belongings without charge or additional cost to the borrower.

 8  Once the lender takes possession of the titled personal

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

10  may authorize a third party to retain physical possession of

11  the titled personal property.

12         (3)  Upon taking possession of titled personal

13  property, the lender may dispose of the titled personal

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

15  dealer licensed under s. 320.27. At least 10 days prior to

16  sale, the lender shall notify the borrower of the date, time,

17  and place of the sale and provide the borrower with a written

18  accounting of the principle amount due on the title loan,

19  interest accrued through the date of the lender taking

20  possession of the titled personal property, and any reasonable

21  expenses incurred to date by the lender in taking possession

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

23  property. At any time prior to sale, the lender shall permit

24  the borrower to redeem the titled personal property by

25  tendering a money order or certified check for the principal

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

27  the lender taking possession, and any reasonable expenses

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

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

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

31  preclude a borrower from purchasing the titled personal

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





 1  property at any sale.

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

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

 4  title loan lender.

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

 6  personal property, the borrower is entitled to receive all

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

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

 9  the date of the lender taking possession, and the reasonable

10  expenses incurred by the lender in taking possession of,

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

12  The borrower is entitled to reasonable attorney fees and costs

13  incurred in any action brought to recover such proceeds that

14  results the title loan lender being ordered to return all or

15  part of such amount.

16         (6)  The borrower shall not be personally liable to the

17  lender for any balance due on the title loan remaining after

18  applying the proceeds of the sale of the titled personal

19  property to the principal amount due on the title loan,

20  interest accrued through the date of the lender taking

21  possession, and any reasonable expenses incurred by the lender

22  in taking possession of, preparing for sale, and selling the

23  titled personal property unless such balance exceeds $2,000.

24  If such balance exceeds $2,000, the lender shall be entitled

25  to reasonable attorney fees and costs incurred in any action

26  brought to recover such balance that results in a judgment in

27  favor of the lender.

28         (7)  The rights and remedies referred to in this

29  section are cumulative. Except as otherwise provided in this

30  section, the disposal of titled personal property is subject

31  to the provisions of ch. 679, Florida Statutes.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





 1         (8)  In taking possession and disposing of titled

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

 3  shall at all times proceed in a commercially reasonable

 4  manner.

 5         Section 12.  Prohibited acts.--

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

 7  title loan lender, shall not:

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

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

10  agreement.

11         (b)  Refuse to allow the department to inspect

12  completed title loan agreements, extensions of such

13  agreements, or loan property during the ordinary operating

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

15  acceptable to both parties.

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

17  under the age of 18 years.

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

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

20  provisions of this act.

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

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

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

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

25  registered name of the person's business.

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

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

28  titled personal property repossessed pursuant to this act.

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

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





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

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

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

 4  otherwise disposed of by court order.

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

 6  in connection with a title loan agreement.

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

 8  fees which are not authorized pursuant to this act.

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

10  license issued under this act.

11         (k)  Refuse to accept partial payments toward

12  satisfying any obligation owed under a title loan agreement or

13  extension of such agreement.

14         (l)  Charge a prepayment penalty.

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

16  motor vehicles, or parts for motor vehicles.

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

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

19  business outside the scope of this act if the department

20  determines that the licensee's operation of and conduct

21  pertaining to such other business results in an evasion of

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

23  shall order the licensee to cease and desist from such

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

25  business.

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

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

28         Section 13.  Right to reclaim; lost title loan

29  agreement.--

30         (1)  Any person presenting identification of such

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

                                  21

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





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

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

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

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

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

 6  property by such person. The person reclaiming the loan

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

 8  agreement which the title loan lender may retain to evidence

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

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

11  identification to the title loan lender, together with

12  notarized written authorization from the borrower, and the

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

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

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

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

17  form as evidence of such agreement.

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

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

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

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

22  receipt, and receipt of such notice shall invalidate such

23  title loan agreement if the loan property has not previously

24  been reclaimed. Before delivering the loan property or issuing

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

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

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

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

29  statement the type of identification and the identification

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





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

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

 3  accepts the statement from the borrower.  The title loan

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

 5  borrower with a copy of the title loan agreement.

 6         Section 14.  Criminal penalties.--

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

 8  first securing the license prescribed by this act commits a

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

10  775.082, s. 775.083, or s. 775.084, Florida Statutes.

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

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

13  willfully makes a false entry in any record specifically

14  required by this act commits a misdemeanor of the first

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

16  Florida Statutes.

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

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

19  compel the attendance of witnesses and the production of

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

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

22  department may administer oaths and affirmations to any person

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

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

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

26  enforce the subpoena in the same manner as subpoenas issued

27  under the Administrative Procedure Act are enforced. Witnesses

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

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

30  unless such examination or investigation is held at the place

31  of business or residence of the witness.

                                  23

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





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

 2  department to enforce or administer this act, the department

 3  may:

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

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

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

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

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

 9  permanent injunction, appointment of a receiver or

10  administrator, or an order of restitution.

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

12  such person to cease and desist and take corrective action

13  whenever the department finds that such person is violating,

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

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

16  agreement entered into with the department.

17         (c)  Whenever the department finds that conduct

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

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

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

21  order reciting with particularity the facts underlying such

22  findings. The emergency cease and desist order is effective

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

24  respondent named in the order and shall remain effective for

25  90 days. If the department begins nonemergency proceedings

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

27  remains effective until the conclusion of the proceedings

28  under ss. 120.569 and 120.57, Florida Statutes.

29         (3)  The department may adopt rules pursuant to ss.

30  120.54 and 120.536(1) to implement this act.

31         Section 16.  Investigations and complaints.--

                                  24

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





 1         (1)  The department may make any investigation and

 2  examination of any licensee or other person the department

 3  deems necessary to determine compliance with this act. For

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

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

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

 7  relevant books, records, and other documents and materials

 8  relative to an examination or investigation. Examinations

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

10  period unless the department has reason to believe the

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

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

13  convenient location in this state unless the department

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

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

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

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

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

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

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

21  examination involves or reveals possible fraudulent conduct by

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

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

24  each participating examiner.

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

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

27  department a written complaint setting forth the details of

28  such alleged violation and the department may investigate such

29  complaint.

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

31  of section 538.03, Florida Statutes, 1998 Supplement, are

                                  25

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





 1  amended to read:

 2         538.03  Definitions; applicability.--

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

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

 5  or other business organization or entity which is not a

 6  secondary metals recycler subject to part II and which is

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

 8  secondhand goods or entering into title loan transactions.

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

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

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

12  jewelers, precious metals dealers, garage sale operators,

13  secondhand stores, and consignment shops.

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

15  consignment, or pawn of secondhand goods by a secondhand

16  dealer.

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

18  Statutes, is amended to read:

19         538.16  Secondhand dealers; disposal of property.--

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

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

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

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

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

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

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

27  has not been repurchased from the pawnbroker or the title

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

29  made on account within 60 days.

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

31  municipality from adopting ordinances more restrictive than

                                  26

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





 1  the provisions of this act.

 2         Section 20.  Effective July 1, 1999, the sum of

 3  $500,000 is hereby appropriated for the 1999-2000 fiscal year

 4  from the Regulatory Trust Fund of the Department of Banking

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

 6  purpose of carrying out the provisions of this act.

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

 8  538.03, Florida Statutes, 1998 Supplement, subsection (5) of

 9  section 538.06, Florida Statutes, and subsections (4) and (5)

10  of section 538.15, Florida Statutes, are repealed.

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

12  application thereof to any person or circumstance is held

13  invalid, the invalidity shall not affect other provisions or

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

15  invalid provision or application, and to this end the

16  provisions of this act are declared severable.

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

18  this act shall take effect October 1, 1999.

19

20

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

22  And the title is amended as follows:

23         On page 1, line 2, through page 2, line 7,

24  remove from the title of the bill:  all of said lines

25

26  and insert in lieu thereof:

27         An act relating to title loan transactions;

28         creating the "Florida Title Loan Act";

29         providing legislative intent; providing

30         definitions; requiring licensure by the

31         Department of Banking and Finance to act as a

                                  27

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





 1         title loan lender; providing for application

 2         for licensure; requiring a bond, a

 3         nonrefundable application fee, a nonrefundable

 4         investigation fee, and fingerprinting;

 5         providing for waiver of fingerprinting;

 6         providing for inactive licenses; providing for

 7         renewal and reactivation of licenses; providing

 8         for a renewal fee and a reactivation fee;

 9         providing for disposition of certain moneys;

10         providing for acquisition of an interest in a

11         licensee under certain circumstance; providing

12         for denial, suspension, or revocation of

13         license; specifying acts which constitute

14         violations for which certain disciplinary

15         actions may be taken; providing a fine;

16         providing remedies for title loans made or

17         serviced without licensure; providing for a

18         title loan agreement; providing requirements;

19         providing for reclaiming a repossessed motor

20         vehicle under certain circumstances; providing

21         entitlement to certain excess proceeds of a

22         sale or disposal of a motor vehicle; providing

23         for recordkeeping and reporting and safekeeping

24         of property; providing for title loan interest

25         rates; providing requirements and limitations;

26         providing for extensions; providing for return

27         of principal and interest to the borrower under

28         certain circumstance; providing a holding

29         period when there is a failure to reclaim;

30         providing for the disposal of pledged property;

31         providing for disposition of excess proceeds;

                                  28

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

    Amendment No. 01 (for drafter's use only)





 1         prohibiting certain acts; providing for the

 2         right to reclaim; providing for lost title loan

 3         agreements; providing for a title loan lenders

 4         lien; providing for criminal penalties;

 5         providing for subpoenas, enforcement of

 6         actions, and rules; providing for

 7         investigations and complaints; authorizing the

 8         department to adopt rules; amending ss. 538.03

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

10         to title loan transactions; providing for more

11         restrictive local ordinances; providing an

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

13         538.06(5), and 538.15(4) and (5), F.S.,

14         relating to title loan transactions by

15         secondhand dealers; providing effective dates.

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  29

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