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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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Governmental Rules & Regulations offered the

12  following:

13

14         Substitute Amendment for Amendment (112271) (with title

15  amendment) 

16  Remove from the bill:  Everything after the enacting clause

17

18  and insert in lieu thereof:

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

20  "Florida Title Loan Act."

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

22  the Legislature that title loans shall be regulated by the

23  provisions of this act. The provisions of this act shall

24  supersede any other provisions of state law affecting title

25  loans to the extent of any conflict.

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

27  the context otherwise requires:

28         (1)  "Commercially reasonable" means a sale or disposal

29  which occurs and can be construed as an arms' length

30  transaction. Nonpublic sales or disposal of titled personal

31  property between licensees and business affiliates or family

                                  1

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





 1  members are sales and disposal that are presumed not to be in

 2  a commercially reasonable fashion.

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

 4  Finance.

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

 6  executive officer, chief financial officer, chief operating

 7  officer, executive vice president, senior vice president,

 8  secretary, and treasurer.

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

10  photographic identification.

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

12  loan and includes any profit or advantage of any kind

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

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

15  loan.

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

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

18  single title loan office.

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

20  title loan lender.

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

22  certificate of title that is deposited with a title loan

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

24  title loan lender's business.

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

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

27  semitrailer combination, or any other vehicle operated on the

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

29  persons or property, and propelled by power other than

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

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

                                  2

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





 1  owner.

 2         (10)  "Title loan" means a loan of money secured by

 3  bailment of a certificate of title to a motor vehicle.

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

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

 6  borrower.

 7         (12)  "Title loan lender" means any person who engages

 8  in the business of making or servicing title loans.

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

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

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

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

13  services title loans.

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

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

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

17  residence of the borrower.

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

19  directly or indirectly, owns or controls an ownership interest

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

21  organization, or any other form of business organization,

22  regardless of whether such person owns or controls such

23  ownership interest through one or more persons or one or more

24  proxies, powers of attorney, nominees, corporations,

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

26  other entities or devices, or any combination thereof.

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

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

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

30  active title loan lender license issued by the department

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

                                  3

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





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

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

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

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

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

 6  $1,200, a nonrefundable investigation fee of $200, and a

 7  complete set of fingerprints taken by an authorized law

 8  enforcement officer.  The department shall submit such

 9  fingerprints to the Department of Law Enforcement or the

10  Federal Bureau of Investigation for state and federal

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

12  that applicants must file a set of fingerprints or the

13  requirement that such fingerprints must be processed by the

14  Department of Law Enforcement or the Federal Bureau of

15  Investigation.

16         (3)  If the department determines that an application

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

18  period not to exceed 2 years.

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

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

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

22  shall automatically revert to inactive status. An inactive

23  license may be reactivated within 6 months after becoming

24  inactive by filing a reactivation form, payment of the

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

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

27  reactivated within 6 months after becoming inactive may not be

28  reactivated and shall automatically expire. The department

29  shall establish by rule the procedures for renewal and

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

31  reactivation form.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





 1         (5)  Each license must be conspicuously displayed at

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

 3  loan office to another location, the licensee shall provide

 4  prior written notice to the department.

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

 6  transferable or assignable.

 7         (7)  Each licensee shall designate and maintain a

 8  registered agent in this state for service of process.

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

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

11  proposes to purchase or acquire a 25 percent or more interest

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

13  application for licensure under this act prior to such

14  purchase or acquisition. The department shall adopt rules

15  providing for waiver of the application required by this

16  subsection when such purchase or acquisition of a licensee is

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

18  application is otherwise unnecessary in the public interest.

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

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

21  this act.

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

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

24  Department of Banking and Finance.

25         Section 5.  Application for license.--

26         (1)  A verified application for licensure under this

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

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

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

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

31  residence and business address of each ultimate equitable

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





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

 2  general partner, and executive officer of such entity.

 3         (b)  State whether any individual identified in

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

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

 6  felony, regardless of whether adjudication was withheld.

 7         (c)  Identify the county and municipality with the

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

 9  conducted.

10         (d)  Contain additional information as the department

11  determines by rule to be necessary to ensure compliance with

12  this act.

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

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

15  director, and shareholder if the applicant is owned directly

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

17  securities registered pursuant to section 12 of the Securities

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

19  15(d) of such act, is an issuer of securities which is

20  required to file reports with the Securities and Exchange

21  Commission, if the person files with the department any

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

23  filed with the Securities and Exchange Commission.

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

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

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

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

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

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

30  deposit or an irrevocable letter of credit in a financial

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

                                  6

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





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

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

 3  department, and the department shall be the beneficiary to

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

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

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

 7  loan transaction by the fraud, misrepresentation, breach of

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

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

10  enforced either by proceeding in an administrative action or

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

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

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

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

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

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

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

18  enforceable only by and through administrative proceedings

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

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

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

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

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

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

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

26  certificate of deposit, or letter of credit.

27         (4)  The department shall approve an application and

28  issue a license if the department determines that the

29  applicant satisfies the requirements of this act.

30         Section 6.  Denial, suspension, or revocation of

31  license.--

                                  7

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





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

 2  constitute grounds for the disciplinary actions specified in

 3  subsection (2):

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

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

 6  agreement entered into with the department.

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

 8  negligence in any title loan transaction, regardless of

 9  reliance by or damage to the borrower.

10         (c)  Fraudulent misrepresentation, circumvention, or

11  concealment of any matter required to be stated or furnished

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

13  or damage to the borrower.

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

15  title loan transaction.

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

17  title loan lender.

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

19  for examination all books, accounts, or other documents

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

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

22  department.

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

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

25  requirements of this act.

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

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

28  investigation or examination by the department, or to comply

29  with a subpoena issued by the department.

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





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

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

 3  dishonest dealing, or any act of moral turpitude.

 4         (j)  Making or having made material misstatement of

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

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

 7  injunction, suspension, prohibition, revocation, denial,

 8  judgment, or administrative order by any court of competent

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

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

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

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

13  adverse administrative order by a state or federal agency

14  regulating banking, insurance, finance or small loan

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

16  similar industries for acts involving fraud, dishonest

17  dealing, or any act of moral turpitude.

18         (l)  Pleading nolo contendere to, or being convicted or

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

20  or any act of moral turpitude, regardless of whether

21  adjudication was withheld.

22         (m)  Failing to continuously maintain the bond required

23  by section 5(3).

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

25  imposed or assessed pursuant to this act or rules adopted

26  under this act.

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

28  equivalent, to practice any profession or occupation denied,

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

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

31  any act of moral turpitude.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





 1         (p)  Having demonstrated unworthiness, as defined by

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

 3  lender.

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

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

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

 7  following actions:

 8         (a)  Denying an application for licensure under this

 9  act.

10         (b)  Revoking or suspending a license previously

11  granted pursuant to this act.

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

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

14  conditions as the department specifies.

15         (d)  Issuing a reprimand.

16         (e)  Imposing an administrative fine not to exceed

17  $5,000 for each separate act or violation.

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

19  than a natural person, the eligibility requirements of this

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

21  percent or more of the outstanding equity interest of such

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

23  officer.

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

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

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

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

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

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

30  entity.

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





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

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

 3  acts.

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

 5  license issued under this act may be suspended or restricted

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

 7  enforcement action or pending criminal prosecution, with any

 8  conduct that would authorize denial or revocation under this

 9  section.

10         Section 7.  Remedies for title loans made without

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

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

13  forfeits the right to collect any moneys, including principal

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

15  connection with such agreement.  The person making the title

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

17  titled personal property pledged or the fair market value of

18  such titled personal property, and all principal and interest

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

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

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

22  the loan property, the titled personal property, or the

23  principal and interest paid by the borrower.

24         Section 8.  Title loan agreement.--

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

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

27  agreement, which shall be legibly typed or written in

28  indelible ink and completed as to all essential provisions

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

30  agreement shall include the following information:

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

                                  11

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





 1  property to which the loan property relates.

 2         (b)  The vehicle identification number, or other

 3  comparable identification number, along with the license plate

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

 5  which the loan property relates.

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

 7  physical description, and social security number of the

 8  borrower.

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

10  the title loan lender and the borrower.

11         (e)  The identification number and the type of

12  identification, including the issuing agency, accepted from

13  the borrower.

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

15  "amount financed."

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

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

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

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

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

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

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

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

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

25  regulations adopted by the Federal Reserve Board pursuant to

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

27  percentage rate."

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

29  all title loan agreements:

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

31  office.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





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

 2  a telephone number to which consumers may address complaints.

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

 4  type that:

 5         1.  If the borrower does not pay the title loan in full

 6  before the maturity date of the title loan agreement, the

 7  title loan lender may repossess the motor vehicle.

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

 9  stolen, the borrower should immediately so advise the issuing

10  title loan lender in writing.

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

12  warrants that the titled personal property to which the loan

13  property relates is not stolen and has no liens or

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

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

16  duplicate certificate of title while the title loan agreement

17  is in effect."

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

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

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

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

22  executed title loan agreement.

23         (4)  The title loan lender shall retain the loan

24  property until the loan property is reclaimed by the borrower.

25  The borrower shall have the exclusive right to reclaim the

26  loan property by repaying the loan of money in full and by

27  complying with the title loan agreement. When the loan

28  property is reclaimed, the title loan lender shall release the

29  security interest in the titled personal property and return

30  the loan property to the borrower. The title loan agreement

31  shall provide that upon failure by the borrower to reclaim the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





 1  certificate of title at the end of the original

 2  30-day-agreement period, or at the end of any 30-day extension

 3  of such period, the title loan lender shall be entitled to

 4  take possession of the titled personal property.  The title

 5  loan lender shall retain physical possession of only the loan

 6  property for the term of the title loan agreement.

 7         Section 9.  Recordkeeping; reporting; safekeeping of

 8  property.--

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

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

11  of the business conducted under the license issued for such

12  place of business as will enable the department to determine

13  the licensee's compliance with this act.

14         (2)  The department may authorize the maintenance of

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

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

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

18  reasonable and convenient location in this state within a

19  reasonable period of time after such a request.

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

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

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

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

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

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

26  lender shall be securely stored and maintained at the title

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

28  appropriate state agency for the purpose of having a lien

29  recorded or deleted.

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

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

                                  14

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





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

 2  records will enable the department to determine compliance

 3  with the provisions of this act.

 4         Section 10.  Title loan charges.--

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

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

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

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

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

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

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

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

13  the Federal Reserve System. In determining compliance with the

14  statutory maximum interest, the computations must be simple

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

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

17  principal amount, the lender may charge interest at that

18  single annual percentage rate which, if applied according to

19  the actuarial method to each of the scheduled periodic

20  balances of principal, would produce at maturity the same

21  total amount of interest as would result from the application

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

23  assumption that all payments are made as agreed.

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

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

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

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

28  Governors of the Federal Reserve System. The maximum annual

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

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





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

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

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

 4  or less than 1 month.

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

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

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

 8  shall be executed in a separate extension agreement each of

 9  which shall comply with the requirements for executing a title

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

11  charged in any title loan extension agreement shall not exceed

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

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

14  extension agreement any unpaid interest due on the related

15  title loan agreement or any subsequent extensions to that

16  title loan agreement.

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

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

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

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

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

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

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

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

25  lender shall refund the excess interest to the borrower within

26  20 days after discovery by the lender or borrower of the bona

27  fide error, whichever occurs first.

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

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

30  to circumvent the maximum title loan interest allowed by this

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





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

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

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

 4  the borrower on the title loan.

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

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

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

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

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

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

11  constitutes a violation of chapter 687, Florida Statutes,

12  governing interest and usury, and the penalties of that

13  chapter apply.

14         Section 11.  Repossession, disposal of pledged

15  property; excess proceeds.--

16         (1)  If a borrower fails to pay the title loan in full

17  by the end of the 30-day title loan agreement period or by the

18  end of any 30-day extension period, the title loan lender may

19  take possession of the titled personal property but shall not

20  be required to retain physical possession of the titled

21  personal property. Every title loan agreement and title loan

22  extension agreement shall contain a notice that discloses the

23  provisions of this section.

24         (2)  If titled personal property is repossessed under

25  subsection (1), the borrower may pay the title loan in full

26  within 60 days after the date of repossession. If a borrower

27  fails to pay the title loan in full by the end of such 60-day

28  period, the lender may sell or dispose of the titled personal

29  property.

30         (3)  The title loan lender shall only take possession

31  of a motor vehicle through an agent who is licensed by the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





 1  state to repossess motor vehicles. The title loan lender may

 2  dispose of the motor vehicle as provided in this section. Any

 3  sale or disposal of the motor vehicle shall be made through a

 4  motor vehicle dealer licensed under s. 320.27, Florida

 5  Statutes.

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

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

 8  title loan lender.

 9         (5)  The title loan lender shall return to the borrower

10  any proceeds from the sale of the titled personal property in

11  excess of the principal amount of the loan, interest on the

12  loan up to the date of repossession, and reasonable expenses

13  for the repossession, holding, and sale of the motor vehicle.

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

15  and costs in any action brought to recover the excess amount

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

17  all or part of such amount.

18         (6)  Except as provided by this section, the taking

19  possession and sale or disposal of the motor vehicle is

20  subject to the requirements of chapter 679, Florida Statutes.

21         Section 12.  Prohibited acts.--

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

23  title loan lender, shall not:

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

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

26  agreement.

27         (b)  Refuse to allow the department to inspect

28  completed title loan agreements, extensions of such

29  agreements, or loan property during the ordinary operating

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

31  acceptable to both parties.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





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

 2  under the age of 18 years.

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

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

 5  provisions of this act.

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

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

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

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

10  registered name of the person's business.

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

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

13  titled personal property repossessed pursuant to this act.

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

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

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

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

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

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

20  otherwise disposed of by court order.

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

22  in connection with a title loan agreement.

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

24  fees which are not authorized pursuant to this act.

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

26  license issued under this act.

27         (k)  Refuse to accept partial payments toward

28  satisfying any obligation owed under a title loan agreement or

29  extension of such agreement.

30         (l)  Charge a prepayment penalty.

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





 1  motor vehicles, or parts for motor vehicles.

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

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

 4  business outside the scope of this act if the department

 5  determines that the licensee's operation of and conduct

 6  pertaining to such other business results in an evasion of

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

 8  shall order the licensee to cease and desist from such

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

10  business.

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

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

13         Section 13.  Right to reclaim; lost title loan

14  agreement.--

15         (1)  Any person presenting identification of such

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

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

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

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

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

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

22  property by such person. The person reclaiming the loan

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

24  agreement which the title loan lender may retain to evidence

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

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

27  identification to the title loan lender, together with

28  notarized written authorization from the borrower, and the

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

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





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

 2  form as evidence of such agreement.

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

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

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

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

 7  receipt, and receipt of such notice shall invalidate such

 8  title loan agreement if the loan property has not previously

 9  been reclaimed. Before delivering the loan property or issuing

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

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

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

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

14  statement the type of identification and the identification

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

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

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

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

19  accepts the statement from the borrower.  The title loan

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

21  borrower with a copy of the title loan agreement.

22         Section 14.  Criminal penalties.--

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

24  first securing the license prescribed by this act commits a

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

26  775.082, s. 775.083, or s. 775.084, Florida Statutes.

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

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

29  willfully makes a false entry in any record specifically

30  required by this act commits a misdemeanor of the first

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

                                  21

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





 1  Florida Statutes.

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

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

 4  compel the attendance of witnesses and the production of

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

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

 7  department may administer oaths and affirmations to any person

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

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

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

11  enforce the subpoena in the same manner as subpoenas issued

12  under the Administrative Procedure Act are enforced. Witnesses

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

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

15  unless such examination or investigation is held at the place

16  of business or residence of the witness.

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

18  department to enforce or administer this act, the department

19  may:

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

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

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

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

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

25  permanent injunction, appointment of a receiver or

26  administrator, or an order of restitution.

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

28  such person to cease and desist and take corrective action

29  whenever the department finds that such person is violating,

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

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

                                  22

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





 1  agreement entered into with the department.

 2         (c)  Whenever the department finds that conduct

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

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

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

 6  order reciting with particularity the facts underlying such

 7  findings. The emergency cease and desist order is effective

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

 9  respondent named in the order and shall remain effective for

10  90 days. If the department begins nonemergency proceedings

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

12  remains effective until the conclusion of the proceedings

13  under ss. 120.569 and 120.57, Florida Statutes.

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

15  120.54 and 120.536(1) to implement this act.

16         Section 16.  Investigations and complaints.--

17         (1)  The department may make any investigation and

18  examination of any licensee or other person the department

19  deems necessary to determine compliance with this act. For

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

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

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

23  relevant books, records, and other documents and materials

24  relative to an examination or investigation. Examinations

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

26  period unless the department has reason to believe the

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

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

29  convenient location in this state unless the department

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





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

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

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

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

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

 6  examination involves or reveals possible fraudulent conduct by

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

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

 9  each participating examiner.

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

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

12  department a written complaint setting forth the details of

13  such alleged violation and the department may investigate such

14  complaint.

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

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

17  amended to read:

18         538.03  Definitions; applicability.--

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

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

21  or other business organization or entity which is not a

22  secondary metals recycler subject to part II and which is

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

24  secondhand goods or entering into title loan transactions.

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

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

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

28  jewelers, precious metals dealers, garage sale operators,

29  secondhand stores, and consignment shops.

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

31  consignment, or pawn of secondhand goods by a secondhand

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





 1  dealer.

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

 3  Statutes, is amended to read:

 4         538.16  Secondhand dealers; disposal of property.--

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

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

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

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

 9  property has not been reclaimed redeemed or there has been no

10  payment on account made for a period of 90 days, or if the

11  pawn is a buy-sell agreement or if it is a title loan and the

12  property has not been repurchased from the pawnbroker or the

13  title redeemed from the title lender or there has been no

14  payment made on account within 60 days.

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

16  municipality from adopting ordinances more restrictive than

17  the provisions of this act.

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

19  $500,000 is hereby appropriated for the 1999-2000 fiscal year

20  from the Regulatory Trust Fund of the Department of Banking

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

22  purpose of carrying out the provisions of this act.

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

24  538.03, Florida Statutes, 1998 Supplement, subsection (5) of

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

26  of section 538.15, Florida Statutes, are repealed.

27         Section 22.  Except as otherwise provided in this act,

28  this act shall take effect October 1, 1999.

29

30

31

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





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

 2  And the title is amended as follows:

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

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

 5

 6  and insert in lieu thereof:

 7         An act relating to title loan transactions;

 8         creating the "Florida Title Loan Act";

 9         providing legislative intent; providing

10         definitions; requiring licensure by the

11         Department of Banking and Finance to act as a

12         title loan lender; providing for application

13         for licensure; requiring a bond, a

14         nonrefundable application fee, a nonrefundable

15         investigation fee, and fingerprinting;

16         providing for waiver of fingerprinting;

17         providing for inactive licenses; providing for

18         renewal and reactivation of licenses; providing

19         for a renewal fee and a reactivation fee;

20         providing for disposition of certain moneys;

21         providing for acquisition of an interest in a

22         licensee under certain circumstance; providing

23         for denial, suspension, or revocation of

24         license; specifying acts which constitute

25         violations for which certain disciplinary

26         actions may be taken; providing a fine;

27         providing remedies for title loans made or

28         serviced without licensure; providing for a

29         title loan agreement; providing requirements;

30         providing for reclaiming a repossessed motor

31         vehicle under certain circumstances; providing

                                  26

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 299

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





 1         entitlement to certain excess proceeds of a

 2         sale or disposal of a motor vehicle; providing

 3         for recordkeeping and reporting and safekeeping

 4         of property; providing for title loan interest

 5         rates; providing requirements and limitations;

 6         providing for extensions; providing for return

 7         of principal and interest to the borrower under

 8         certain circumstance; providing a holding

 9         period when there is a failure to reclaim;

10         providing for the disposal of pledged property;

11         providing for disposition of excess proceeds;

12         prohibiting certain acts; providing for the

13         right to reclaim; providing for lost title loan

14         agreements; providing for a title loan lenders

15         lien; providing for criminal penalties;

16         providing for subpoenas, enforcement of

17         actions, and rules; providing for

18         investigations and complaints; authorizing the

19         department to adopt rules; amending ss. 538.03

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

21         to title loan transactions; providing for more

22         restrictive local ordinances; providing an

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

24         538.06(5), and 538.15(4) and (5), F.S.,

25         relating to title loan transactions by

26         secondhand dealers; providing effective dates.

27

28

29

30

31

                                  27

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