House Bill hb0209

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    Florida House of Representatives - 2002                 HB 209

        By Representative Mahon






  1                      A bill to be entitled

  2         An act relating to credit service

  3         organizations; amending s. 817.7005, F.S.;

  4         eliminating an exception to the prohibited

  5         charging or receiving of money or valuable

  6         consideration prior to complete performance of

  7         specified services by a credit service

  8         organization; eliminating a condition for the

  9         establishment of a trust account; amending s.

10         817.701, F.S.; requiring credit service

11         organizations to obtain a surety bond in a

12         specified amount; conforming provisions;

13         amending s. 817.702, F.S.; revising provisions

14         relating to the issuance of an information

15         statement to a buyer of services of a credit

16         service organization; amending s. 817.703,

17         F.S., relating to information statement

18         requirements, to conform; providing an

19         effective date.

20

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

22

23         Section 1.  Section 817.7005, Florida Statutes, is

24  amended to read:

25         817.7005  Prohibited acts.--A credit service

26  organization, its salespersons, agents, and representatives,

27  and independent contractors who sell or attempt to sell the

28  services of a credit service organization shall not do any of

29  the following:

30         (1)  Charge or receive any money or other valuable

31  consideration prior to full and complete performance of the

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    Florida House of Representatives - 2002                 HB 209

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  1  services the credit service organization has agreed to perform

  2  for the buyer, unless the credit service organization has

  3  obtained a surety bond of $10,000 issued by a surety company

  4  admitted to do business in this state and has established a

  5  trust account at a federally insured bank or savings and loan

  6  association located in this state; however, where a credit

  7  service organization has obtained a surety bond and

  8  established a trust account as provided herein, the credit

  9  service organization may charge or receive money or other

10  valuable consideration prior to full and complete performance

11  of the services it has agreed to perform for the buyer but

12  shall deposit all money or other valuable consideration

13  received in its trust account until the full and complete

14  performance of the services it has agreed to perform for the

15  buyer;

16         (2)  Charge or receive any money or other valuable

17  consideration solely for referral of the buyer to a retail

18  seller or to any other credit grantor, who will or may extend

19  credit to the buyer if the credit that is or will be extended

20  to the buyer is upon substantially the same terms as those

21  available to the general public;

22         (3)  Make, or counsel or advise any buyer to make, any

23  statement that is false or misleading or that should be known

24  by the exercise of reasonable care to be false or misleading,

25  or omit any material fact to a consumer reporting agency or to

26  any person who has extended credit to a buyer or to whom a

27  buyer is applying for an extension of credit with respect to a

28  buyer's credit worthiness, credit standing, or credit

29  capacity; or

30         (4)  Make or use any false or misleading

31  representations or omit any material fact in the offer or sale

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    Florida House of Representatives - 2002                 HB 209

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  1  of the services of a credit service organization or engage,

  2  directly or indirectly, in any act, practice, or course of

  3  business that operates or would operate as fraud or deception

  4  upon any person in connection with the offer or sale of the

  5  services of a credit service organization, notwithstanding the

  6  absence of reliance by the buyer.

  7         Section 2.  Section 817.701, Florida Statutes, is

  8  amended to read:

  9         817.701  Surety bonds; exemption.--

10         (1)  The credit service organization or any

11  salesperson, agent, or representative of the credit service

12  organization must obtain a surety bond in the amount of

13  $10,000 which is issued by a surety company admitted to do

14  business in this state.

15         (2)  Notwithstanding subsection (1), the requirement to

16  obtain a surety bond and establish a trust account as provided

17  in s. 817.7005(1) shall be waived for any salesperson, agent,

18  or representative of a credit service organization if where

19  the credit service organization obtains such a surety bond and

20  establishes such trust account.

21         Section 3.  Section 817.702, Florida Statutes, is

22  amended to read:

23         817.702  Statement to buyer.--Upon execution of the

24  contract as provided in s. 817.704 or agreement between the

25  buyer and a credit service organization and before the receipt

26  by the credit service organization of any money or other

27  valuable consideration, whichever occurs first, the credit

28  service organization shall provide the buyer with a statement,

29  in writing, containing all the information required by s.

30  817.703.  The credit service organization shall maintain on

31  file for a period of 5 years an exact copy of the statement,

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    Florida House of Representatives - 2002                 HB 209

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  1  personally signed by the buyer, acknowledging receipt of a

  2  copy of the statement.

  3         Section 4.  Subsections (5) and (6) of section 817.703,

  4  Florida Statutes, are amended to read:

  5         817.703  Information statement.--The information

  6  statement required under s. 817.702 shall include all of the

  7  following:

  8         (5)  A statement notifying the buyer of his or her

  9  right to proceed against the bond or trust account required

10  under s. 817.701 s. 817.7005.

11         (6)  The name and address of the surety company that

12  which issued the bond, or the name and address of the

13  depository and the trustee and the account number of the trust

14  account.

15         Section 5.  This act shall take effect upon becoming a

16  law.

17

18            *****************************************

19                          HOUSE SUMMARY

20
      With respect to pt. III of ch. 817, F.S., relating to
21    credit service organizations, eliminates an exception to
      the prohibited charging or receiving of money or valuable
22    consideration prior to the full and complete performance
      of services that a credit service organization has agreed
23    to perform for a buyer of such services. Eliminates a
      condition for the establishment of a trust account.
24    Requires credit service organizations to obtain a surety
      bond in the amount of $10,000. Amends various provisions
25    to conform.

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