House Bill 0661

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    Florida House of Representatives - 1999                 HB 661

        By Representative Roberts






  1                      A bill to be entitled

  2         An act relating to consumer finance; amending

  3         s. 516.03, F.S.; increasing an application fee;

  4         amending ss. 516.05 and 520.997, F.S.;

  5         requiring licensees to notify the department

  6         before relocating a business; requiring a

  7         licensee to report bankruptcy filings to the

  8         department; amending ss. 516.07 and 520.995,

  9         F.S.; providing additional grounds for certain

10         disciplinary actions; amending ss. 516.11 and

11         520.996, F.S.; deleting a schedule of

12         examination fees; requiring the department to

13         conduct examinations within the state;

14         providing exceptions; providing criteria for

15         paying travel expenses and per diem allowances

16         to examiners; amending s. 516.12, F.S.;

17         requiring licensees to make certain information

18         available under certain circumstances; amending

19         ss. 520.02, 520.31, and 520.61, F.S.; providing

20         additional definitions; amending ss. 520.03,

21         520.32, 520.52, and 520.63, F.S.; revising

22         certain fees; clarifying procedures for

23         obtaining certain licenses and imposing certain

24         license application and renewal fees; requiring

25         department notification before relocating

26         certain offices; amending s. 520.07, F.S.;

27         requiring disclosure of additional information

28         under certain installment contracts; requiring

29         evidence of satisfaction of lien under certain

30         installment contracts; amending s. 520.085,

31         F.S.; authorizing certain additional charges

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  1         under certain installment contracts; providing

  2         for deferment of certain installment payments

  3         under certain conditions; amending s. 520.34,

  4         F.S.; authorizing sellers under retail

  5         installment contracts to collect a processing

  6         fee under certain circumstances; amending ss.

  7         559.9232, 681.102, and 697.05, F.S.; correcting

  8         cross references; providing effective dates.

  9

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

11

12         Section 1.  Subsection (1) of section 516.03, Florida

13  Statutes, is amended to read:

14         516.03  Application for license; fees; etc.--

15         (1)  APPLICATION.--Application for a license to make

16  loans under this chapter shall be in writing, under oath, and

17  in the form prescribed by the department, and shall contain

18  the name, residence and business addresses of the applicant

19  and, if the applicant is a copartnership or association, of

20  every member thereof and, if a corporation, of each officer

21  and director thereof, also the county and municipality with

22  the street and number or approximate location where the

23  business is to be conducted, and such further relevant

24  information as the department may require.  At the time of

25  making such application the applicant shall pay to the

26  department a biennial license fee of $625 $550. Applications,

27  except for applications to renew or reactivate a license, must

28  also be accompanied by an investigation fee of $200.

29         Section 2.  Subsection (4) of section 516.05, Florida

30  Statutes, is amended, and subsection (9) is added to said

31  section, to read:

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  1         516.05  License.--

  2         (4)  Prior to relocating his or her place of business,

  3  a licensee must provide to the department written notice of

  4  the relocation. A licensee may not change the place of

  5  business maintained under a license without prior approval of

  6  the department.  When a licensee wishes to change a place of

  7  business, the licensee shall give written notice thereof to

  8  the department, and, if the department finds that the proposed

  9  location is reasonably accessible to borrowers under existing

10  loan contracts, it shall permit the change and shall amend the

11  license accordingly. If the department does not so find, it

12  shall enter an order denying removal of the business to the

13  requested location.

14         (9)  A licensee which is the subject of a voluntary or

15  involuntary bankruptcy filing must report such filing to the

16  department within 7 business days after the filing date.

17         Section 3.  Paragraphs (h) and (i) of subsection (1) of

18  section 516.07, Florida Statutes, are amended, and paragraphs

19  (j), (k), (l), (m), and (n) are added to said subsection, to

20  read:

21         516.07  Grounds for denial of license or for

22  disciplinary action.--

23         (1)  The following acts are violations of this chapter

24  and constitute grounds for denial of an application for a

25  license to make consumer finance loans and grounds for any of

26  the disciplinary actions specified in subsection (2):

27         (h)  Failure to maintain, preserve, and keep available

28  for examination, all books, accounts, or other documents

29  required by this chapter, by any rule or order adopted under

30  this chapter, or by any agreement entered into with the

31  department; or

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  1         (i)  Refusal to permit inspection of books and records

  2  in an investigation or examination by the department or

  3  refusal to comply with a subpoena issued by the department;

  4         (j)  Pleading nolo contendere to, or having been

  5  convicted or found guilty of, a crime involving fraud,

  6  dishonest dealing, or any act of moral turpitude, regardless

  7  of whether adjudication is withheld;

  8         (k)  Paying money or anything else of value, directly

  9  or indirectly, to any person as compensation, inducement, or

10  reward for referring loan applicants to a licensee;

11         (l)  Allowing any person other than the licensee to use

12  the licensee's business name, address, or telephone number in

13  an advertisement;

14         (m)  Accepting, or advertising that the licensee

15  accepts, money on deposit or as consideration for the issuance

16  or delivery of certificates of deposit, savings certificates,

17  or similar instruments except to the extent permitted under

18  chapter 517; or

19         (n)  Failure to pay any fee, charge, or fine imposed or

20  assessed pursuant to this chapter or any rule adopted under

21  this chapter.

22         Section 4.  Effective January 1, 2001, subsections (1)

23  and (2) of section 516.11, Florida Statutes, are amended to

24  read:

25         516.11  Investigations and complaints.--

26         (1)  The department shall, at intermittent periods,

27  make such investigations and examinations of any licensee or

28  other person as it deems necessary to determine compliance

29  with this chapter.  For such purposes, the department may

30  examine the books, accounts, records, and other documents or

31  matters of any licensee or other person and compel the

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  1  production of all relevant books, records, and other documents

  2  and materials relative to an examination or investigation.

  3  Examinations of a licensee may not be made more often than

  4  once a year unless the department has reason to believe the

  5  licensee is not complying with this chapter. Each licensee

  6  shall pay to the department an examination fee based upon the

  7  amount of outstanding loans due the licensee at the time of

  8  the examination, as follows:

  9

10         Amount Outstanding                      Examination Fee

11  From $0 to $50,000........................................$100

12  From $50,000.01 to $100,000................................125

13  From $100,000.01 to $250,000...............................150

14  From $250,000.01 to $500,000...............................200

15  From $500,000.01 and over..................................325

16

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

18  convenient location in this state unless the department

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

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

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

22  out-of-state location, the licensee shall also pay the travel

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

24  for up to 30 8-hour days per year for each examiner who

25  participates in such examination. However, if the examination

26  involves or reveals possible fraudulent conduct of the

27  licensee, the licensee shall pay the travel expenses and per

28  diem subsistence provided by law, without limitation, for each

29  participating examiner allowance provided for state employees

30  in s. 112.061. The licensee shall not be required to pay a per

31  diem fee and expenses of an examination which shall consume

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  1  more than 30 worker-days in any one year unless such

  2  examination or investigation is due to fraudulent practices of

  3  the licensee, in which case such licensee shall be required to

  4  pay the entire cost regardless of time consumed.

  5         Section 5.  Subsection (2) of section 516.12, Florida

  6  Statutes, is amended to read:

  7         516.12  Records to be kept by licensee.--

  8         (2)  A licensee, operating two or more licensed places

  9  of business in this state, may maintain the books, accounts,

10  and records of all such offices at any one of such offices, or

11  at any other office maintained by such licensee, upon the

12  filing of a written request with the department designating

13  therein the office at which such records are maintained.

14  However, the licensee shall make all books, accounts, and

15  records available at a convenient location in this state upon

16  request of the department.

17         Section 6.  Subsections (1) through (9) of section

18  520.02, Florida Statutes, are renumbered as subsections (2)

19  through (10), respectively, present subsections (10) through

20  (15) are renumbered as subsections (12) through (17),

21  respectively, and new subsections (1) and (11) are added to

22  said section to read:

23         520.02  Definitions.--In this act, unless the context

24  or subject matter otherwise requires:

25         (1)  "Branch" means any location, other than a

26  licensee's principal place of business, at which a licensee

27  operates or conducts business under this act or which a

28  licensee owns or controls for the purpose of conducting

29  business under this act.

30         (11)  "Principal place of business" means the physical

31  location designated on the licensee's application for

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  1  licensure unless otherwise designated as required by this

  2  chapter.

  3         Section 7.  Subsections (2), (3), and (4) of section

  4  520.03, Florida Statutes, are amended to read:

  5         520.03  Licenses.--

  6         (2)  An application for a license under this part must

  7  be submitted to the department on such forms as the department

  8  may prescribe by rule.  If the department determines that an

  9  application should be granted, it shall issue the license for

10  a period not to exceed 2 years.  A nonrefundable application

11  fee of $175 not exceeding $200 shall be set by rule and

12  accompany an initial application for the principal place of

13  business and each application for a branch location of a

14  retail installment seller who is required to be licensed under

15  this chapter.

16         (3)  The A renewal fee for a motor vehicle retail

17  installment seller license shall be $175 not exceeding $200

18  shall be set by rule.  The department shall establish by rule

19  biennial licensure periods and procedures for renewal of

20  licenses may also be established by the department by rule.  A

21  license that is not renewed by at the end of the biennium

22  established by the department shall automatically expire and

23  revert from active to inactive status.  An Such inactive

24  license may be reactivated within 6 months after becoming

25  inactive the expiration date upon filing submission of a

26  completed reactivation form, payment of the renewal

27  application fee, and payment of a reactivation fee equal to

28  the renewal application fee.  A license that is not

29  reactivated within 6 months after becoming inactive

30  automatically expires may not be reactivated.

31

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  1         (4)  Each license shall must specify the location for

  2  which it is issued and must be conspicuously displayed at that

  3  location. Prior to relocating a principal place of business or

  4  any branch location, the licensee must provide to the

  5  department written notice of the relocation. If a licensee's

  6  principal place of business or branch location changes, the

  7  licensee shall notify the department and the department shall

  8  endorse the change of location without charge.  A licensee may

  9  not transact business as a motor vehicle retail installment

10  seller except under the name by which it is licensed. Licenses

11  issued under this part are not transferable or assignable.

12         Section 8.  Paragraphs (d) and (e) of subsection (3) of

13  section 520.07, Florida Statutes, are amended, paragraph (f)

14  is added to said subsection, and subsection (8) of said

15  section is amended, to read:

16         520.07  Requirements and prohibitions as to retail

17  installment contracts.--

18         (3)  The seller shall provide a separate written

19  itemization of the amount financed, which itemization shall

20  disclose the following:

21         (d)  The amounts, if any, included for insurance and

22  other benefits, specifying the types of coverages and

23  benefits; and

24         (e)  Any taxes and official fees not included in the

25  cash price; and

26         (f) The number of scheduled payments, the amount of

27  each payment, and the date of the first payment.

28

29  The itemization required by this subsection may appear on a

30  disclosure statement separate from all other material, or it

31  may be placed on the same document with the contract or other

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  1  information so long as it is clearly and conspicuously

  2  segregated from everything else on the document.

  3         (8)(a)  Upon written request from the buyer, the holder

  4  of a retail installment contract shall give or forward to the

  5  buyer a written statement of the dates and amounts of payments

  6  and the total amount unpaid under such contract.  A buyer

  7  shall be given a written receipt for any payment when made in

  8  cash.

  9         (b) When a motor vehicle retail installment contract is

10  paid in full, the holder shall ensure that the contract or

11  title reflects that the lien has been satisfied or released

12  and shall ensure that evidence of satisfaction is provided to

13  the borrower or payor.

14         Section 9.  Section 520.085, Florida Statutes, is

15  amended to read:

16         520.085  Simple-interest contracts.--

17         (1)  A retail installment contract under The Motor

18  Vehicle Retail Sales Finance Act may provide that the rate of

19  finance charge be calculated on a simple-interest basis

20  subject to the following provisions:

21         (a)(1)  Instead of a finance charge computed on the

22  amount financed as determined under s. 520.07(2), the seller

23  may compute the finance charge at a simple-interest rate

24  equivalent to the finance charge permitted by s. 520.08 on the

25  unpaid balance as it changes from time to time or by any other

26  method. For the purposes of this section, the class of motor

27  vehicle shall be determined at the time of execution of the

28  retail installment contract.

29         (b)(2)  The language in s. 520.08(2) which provides

30  that the finance charge may be computed on the basis of a full

31

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  1  month for any fractional-month period in excess of 10 days

  2  shall not be applicable to a simple-interest contract.

  3         (c)(3)  The provisions of s. 520.09 which prescribe a

  4  refund credit upon prepayment in full before maturity of the

  5  unpaid balance of a retail installment contract shall not be

  6  applicable to a simple-interest contract. However, the lender

  7  may impose an acquisition charge, not to exceed $75, for

  8  services performed on behalf of the borrower for processing of

  9  the retail installment contract if the contract is paid in

10  full within 6 months after the effective date of the contract.

11         (d)(4)  In the event the unpaid balance of a retail

12  installment contract is extended, deferred, renewed, or

13  restated, the holder may compute the refinance charge in

14  accordance with the provisions of this section.

15         (e)(5)  Notwithstanding any provisions of The Motor

16  Vehicle Retail Sales Finance Act or any other law to the

17  contrary, the finance charge percentage rate included in a

18  retail installment sale contract representing the sale of a

19  motor vehicle primarily for business or commercial use may

20  vary, but no higher than the limits set forth in s. 520.08,

21  during the term of the contract pursuant to a formula or index

22  set forth therein (such as a prime rate or commercial paper

23  rate quoted by one or more banking institutions or the highest

24  prime rate reported effective on the date in question by The

25  Wall Street Journal) that is made readily available to and

26  verifiable by the buyer and is beyond the control of the

27  holder of the contract.  For the purpose of disclosing the

28  amount of finance charge and time balance and setting forth a

29  payment schedule of equal successive monthly installments,

30  such amounts may be calculated using the finance charge

31  percentage rate applicable to the transaction as of the date

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  1  of execution of the contract, notwithstanding the fact that

  2  such finance charge percentage may increase or decrease over

  3  the term of the contract according to a formula or index set

  4  forth in the contract.

  5         (2)  The holder of a simple interest contract, upon the

  6  request of the buyer, may defer the scheduled due date of all

  7  or any part of any installment payment and may collect a $15

  8  fee for such deferment.  The holder may also require the buyer

  9  to extend any insurance coverage required by the simple

10  interest contract or require the buyer to reimburse the holder

11  for any costs incurred by the holder for extending such

12  coverage.   With the buyer's approval, the holder may extend

13  any optional insurance coverage purchased in connection with

14  the simple interest contract and may charge the buyer for the

15  costs of extending such optional insurance.  A holder may not

16  collect the $15 deferment fee unless this deferment option was

17  provided for in the simple interest contract.  The holder

18  shall disclose in the simple interest contract, and any offer

19  to exercise the deferment option, that in addition to the $15

20  deferment fee and the costs of extending required or optional

21  insurance, the buyer will also be required to pay additional

22  finance charges as a result of exercising the deferment

23  option.

24         Section 10.  Subsections (1) through (8) of section

25  520.31, Florida Statutes, are renumbered as subsections (2)

26  through (9), respectively, present subsections (9) through

27  (15) of said section are renumbered as subsections (11)

28  through (17), respectively, and new subsections (1) and (10)

29  are added to said section to read:

30         520.31  Definitions.--Unless otherwise clearly

31  indicated by the context, the following words when used in

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  1  this act, for the purposes of this act, shall have the

  2  meanings respectively ascribed to them in this section:

  3         (1)  "Branch" means any location, other than a

  4  licensee's principal place of business, at which a licensee

  5  operates or conducts business under this act or which a

  6  licensee owns or controls for the purpose of conducting

  7  business under this act.

  8         (10)  "Principal place of business" means the physical

  9  location designated on the licensee's application for

10  licensure unless otherwise designated as required by this

11  chapter.

12         Section 11.  Subsections (2) and (3) of section 520.32,

13  Florida Statutes, are amended to read:

14         520.32  Licenses.--

15         (2)  An application for a license under this part must

16  be submitted to the department on such forms as the department

17  may prescribe by rule.  If the department determines that an

18  application should be granted, it shall issue the license for

19  a period not to exceed 2 years.  A nonrefundable application

20  fee of $175 not exceeding $200 shall be set by rule and

21  accompany an initial application for the principal place of

22  business and each application for a branch location of a

23  retail installment seller.

24         (3)  The A renewal fee for a retail seller license

25  shall be $175 not exceeding $200 shall be set by rule.

26  Biennial licensure periods and procedures for renewal of

27  licenses may also be established by the department by rule.  A

28  license that is not renewed at the end of the biennium

29  established by the department shall automatically expire and

30  revert from active to inactive status.  An Such inactive

31  license may be reactivated within 6 months after becoming

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  1  inactive the expiration date upon filing submission of a

  2  completed reactivation form, payment of the renewal

  3  application fee, and payment of a reactivation fee equal to

  4  the renewal application fee.  A license that is not

  5  reactivated within 6 months after becoming inactive

  6  automatically expires may not be reactivated.

  7         Section 12.  Subsection (14) is added to section

  8  520.34, Florida Statutes, to read:

  9         520.34  Retail installment contracts.--

10         (14)  The seller under a retail installment contract

11  may collect a $10 processing fee for each retail installment

12  contract that is approved and activated.

13         Section 13.  Subsections (2) and (3) of section 520.52,

14  Florida Statutes, are amended to read:

15         520.52  Licensees.--

16         (2)  An application for a license under this part must

17  be submitted to the department on such forms as the department

18  may prescribe by rule.  If the department determines that an

19  application should be granted, it shall issue the license for

20  a period not to exceed 2 years.  A nonrefundable application

21  fee of $175 not exceeding $200 shall be set by rule and

22  accompany an initial application for the principal place of

23  business and each branch location of a sales finance company.

24         (3)  The A renewal fee for a sales finance company

25  license shall be $175 not exceeding $200 shall be set by rule.

26  Biennial licensure periods and procedures for renewal of

27  licenses may also be established by the department by rule.  A

28  license that is not renewed at the end of the biennium

29  established by the department shall automatically expire and

30  revert from active to inactive status.  An Such inactive

31  license may be reactivated within 6 months after becoming

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  1  inactive the expiration date upon filing submission of a

  2  completed reactivation form, payment of the renewal

  3  application fee, and payment of a reactivation fee equal to

  4  the renewal application fee.  A license that is not

  5  reactivated within 6 months after becoming inactive

  6  automatically expires may not be reactivated.

  7         Section 14.  Subsections (2) through (17) of section

  8  520.61, Florida Statutes, are renumbered as subsections (3)

  9  through (18), respectively, present subsections (18) and (19)

10  of said section are renumbered as subsections (20) and (21),

11  respectively, and new subsections (2) and (19) are added to

12  said section to read:

13         520.61  Definitions.--As used in this act:

14         (2)  "Branch" means any location, other than a

15  licensee's principal place of business, at which a licensee

16  operates or conducts business under this act or which a

17  licensee owns or controls for the purpose of conducting

18  business under this act.

19         (19)  "Principal place of business" means the physical

20  location designated on the licensee's application for

21  licensure unless otherwise designated as required by this

22  chapter.

23         Section 15.  Subsections (2) and (3) of section 520.63,

24  Florida Statutes, are amended to read:

25         520.63  Licensees.--

26         (2)  An application for a license under this part must

27  be submitted to the department on such forms as the department

28  may prescribe by rule.  If the department determines that an

29  application should be granted, it shall issue the license for

30  a period not to exceed 2 years.  A nonrefundable application

31  fee of $175 not exceeding $200 shall be set by rule and

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  1  accompany an initial application for the principal place of

  2  business and each application for a branch location of a home

  3  improvement finance seller.

  4         (3)  The A renewal fee for a home improvement finance

  5  license shall be $175 not exceeding $200 shall be set by rule.

  6  Biennial licensure periods and procedures for renewal of

  7  licenses may also be established by the department by rule.  A

  8  license that is not renewed at the end of the biennium

  9  established by the department shall automatically expire and

10  revert from active to inactive status.  An Such inactive

11  license may be reactivated within 6 months after becoming

12  inactive the expiration date upon filing submission of a

13  completed reactivation form, payment of the renewal

14  application fee, and payment of a reactivation fee equal to

15  the renewal application fee.  A license that is not

16  reactivated within 6 months after becoming inactive

17  automatically expires may not be reactivated.

18         Section 16.  Paragraphs (g) and (h) of subsection (1)

19  of section 520.995, Florida Statutes, are amended, paragraph

20  (i) is added to said subsection, and paragraph (c) of

21  subsection (3) of said section is amended, to read:

22         520.995  Grounds for disciplinary action.--

23         (1)  The following acts are violations of this chapter

24  and constitute grounds for the disciplinary actions specified

25  in subsection (2):

26         (g)  Refusal to permit inspection of books and records

27  in an investigation or examination by the department or

28  refusal to comply with a subpoena issued by the department; or

29         (h)  Criminal conduct in the course of a person's

30  business as a seller, as a home improvement finance seller, or

31  as a sales finance company; or

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  1         (i)  Failure to timely pay any fee, charge, or fine

  2  imposed or assessed pursuant to this chapter or any rule

  3  adopted under this chapter.

  4         (3)  In addition to the acts specified in subsection

  5  (1), the following shall be grounds for denial of a license

  6  pursuant to this chapter, or for revocation, suspension, or

  7  restriction of a license previously granted:

  8         (c)  Pleading nolo contendere to, or having been

  9  convicted or found guilty of, a crime involving fraud,

10  dishonest dealing, or any act of moral turpitude, regardless

11  of whether adjudication is withheld; or

12         Section 17.  Effective January 1, 2001, subsection (1)

13  of section 520.996, Florida Statutes, is amended to read:

14         520.996  Investigations and complaints.--

15         (1)(a)  The department or its agent may, at

16  intermittent periods, make such investigations and

17  examinations of any licensee or other person as it deems

18  necessary to determine compliance with this chapter.  For such

19  purposes, it may examine the books, accounts, records, and

20  other documents or matters of any licensee or other person. It

21  shall have the power to compel the production of all relevant

22  books, records, and other documents and materials relative to

23  an examination or investigation.  Such investigations and

24  examinations shall not be made more often than once during any

25  12-month period unless the department has good and sufficient

26  reason to believe the licensee is not complying with the

27  provisions of this chapter.  The expenses of the department

28  incurred in each such examination may be established by

29  department rule but shall not exceed $250 per 8-hour day for

30  each examiner.  Such examination fee shall be calculated on an

31  hourly basis and shall be rounded to the nearest hour.

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  1         (b)  The department shall conduct all examinations at a

  2  convenient location in this state unless the department

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

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

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

  6  out-of-state location, the licensee shall also pay the travel

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

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

  9  participates in such examination.  However, if the examination

10  involves or reveals possible fraudulent conduct of the

11  licensee, the licensee shall pay the travel expenses and per

12  diem subsistence provided by law, without limitation, for each

13  participating examiner allowance provided for state employees

14  in s. 112.061. The licensee shall not be required to pay a per

15  diem fee and expenses of an examination which shall consume

16  more than 30 worker-days in any one year unless such

17  examination or investigation is due to fraudulent practices of

18  the licensee, in which case such licensee shall be required to

19  pay the entire cost regardless of time consumed.

20         Section 18.  Subsection (5) is added to section

21  520.997, Florida Statutes, to read:

22         520.997 Books, accounts, and records.--

23         (5)  A licensee that is the subject of a voluntary or

24  involuntary bankruptcy filing must provide notice of such

25  filing to the department within 7 days after the filing date.

26         Section 19.  Paragraph (e) of subsection (2) of section

27  559.9232, Florida Statutes, is amended to read:

28         559.9232  Definitions; exclusion of rental-purchase

29  agreements from certain regulations.--

30

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  1         (2)  A rental-purchase agreement that complies with

  2  this act shall not be construed to be, nor be governed by, any

  3  of the following:

  4         (e)  A lease or agreement which constitutes a "retail

  5  installment contract" or "retail installment transaction" as

  6  those terms are defined in s. 520.31(12)(10) and (13) (11); or

  7         Section 20.  Subsection (19) of section 681.102,

  8  Florida Statutes, 1998 Supplement, is amended to read:

  9         681.102  Definitions.--As used in this chapter, the

10  term:

11         (19)  "Purchase price" means the cash price as defined

12  in s. 520.31(2)(1), inclusive of any allowance for a trade-in

13  vehicle, but excludes debt from any other transaction. "Any

14  allowance for a trade-in vehicle" means the net trade-in

15  allowance as reflected in the purchase contract or lease

16  agreement if acceptable to the consumer and manufacturer.  If

17  such amount is not acceptable to the consumer and

18  manufacturer, then the trade-in allowance shall be an amount

19  equal to 100 percent of the retail price of the trade-in

20  vehicle as reflected in the NADA Official Used Car Guide

21  (Southeastern Edition) or NADA Recreation Vehicle Appraisal

22  Guide, whichever is applicable, in effect at the time of the

23  trade-in.  The manufacturer shall be responsible for providing

24  the applicable NADA book.

25         Section 21.  Paragraphs (b) and (c) of subsection (4)

26  of section 697.05, Florida Statutes, are amended to read:

27         697.05  Balloon mortgages; scope of law; definition;

28  requirements as to contents; penalties for violations;

29  exemptions.--

30         (4)  This section does not apply to the following:

31

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  1         (b)  Any first mortgage, excluding a mortgage in favor

  2  of a home improvement contractor defined in s. 520.61(12)(11)

  3  the execution of which is required solely by the terms of a

  4  home improvement contract which is governed by the provisions

  5  of ss. 520.60-520.992;

  6         (c)  Any mortgage created for a term of 5 years or

  7  more, excluding a mortgage in favor of a home improvement

  8  contractor defined in s. 520.61(12)(11) the execution of which

  9  is required solely by the terms of a home improvement contract

10  which is governed by the provisions of ss. 520.60-520.992;

11         Section 22.  Except as otherwise provided herein, this

12  act shall take effect October 1, 1999.

13

14            *****************************************

15                          HOUSE SUMMARY

16
      Revises provisions relating to consumer loan finance,
17    motor vehicle sales finance, retail installment sales and
      finance, and home improvement sales and finance to revise
18    and clarify license fee requirements, revise license
      examination procedures, clarify notification requirements
19    for relocations and bankruptcies, provide additional
      grounds for disciplinary actions, clarify installment
20    contract requirements, and authorize processing fees or
      extension charges under installment contracts. See bill
21    for details.

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