Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for CS for SB 304
                        Barcode 105560
                            CHAMBER ACTION
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11  The Committee on Criminal Justice (King) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 41, between lines 27 and 28,
16  
17  insert:  
18         Section 22.  Paragraph (a) of subsection (3) of section
19  516.031, Florida Statutes, is amended to read:
20         516.031  Finance charge; maximum rates.--
21         (3)  OTHER CHARGES.--
22         (a)  In addition to the interest, delinquency, and
23  insurance charges herein provided for, no further or other
24  charges or amount whatsoever for any examination, service,
25  commission, or other thing or otherwise shall be directly or
26  indirectly charged, contracted for, or received as a condition
27  to the grant of a loan, except:
28         1.  An amount not to exceed $25 $10 to reimburse a
29  portion of the costs for investigating the character and
30  credit of the person applying for the loan;
31         2.  An annual fee of $25 on the anniversary date of
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    2:00 PM   04/05/05                           s0304c2c-cj08-t03

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 304 Barcode 105560 1 each line-of-credit account; 2 3. Charges paid for brokerage fee on a loan or line of 3 credit of more than $10,000, title insurance, and the 4 appraisal of real property offered as security when paid to a 5 third party and supported by an actual expenditure; 6 4. Intangible personal property tax on the loan note 7 or obligation when secured by a lien on real property; 8 5. The documentary excise tax and lawful fees, if any, 9 actually and necessarily paid out by the licensee to any 10 public officer for filing, recording, or releasing in any 11 public office any instrument securing the loan, which fees may 12 be collected when the loan is made or at any time thereafter; 13 6. The premium payable for any insurance in lieu of 14 perfecting any security interest otherwise required by the 15 licensee in connection with the loan, if the premium does not 16 exceed the fees which would otherwise be payable, which 17 premium may be collected when the loan is made or at any time 18 thereafter; 19 7. Actual and reasonable attorney's fees and court 20 costs as determined by the court in which suit is filed; 21 8. Actual and commercially reasonable expenses of 22 repossession, storing, repairing and placing in condition for 23 sale, and selling of any property pledged as security; or 24 9. A delinquency charge not to exceed $10 for each 25 payment in default for a period of not less than 10 days, if 26 the charge is agreed upon, in writing, between the parties 27 before imposing the charge. 28 29 Any charges, including interest, in excess of the combined 30 total of all charges authorized and permitted by this chapter 31 constitute a violation of chapter 687 governing interest and 2 2:00 PM 04/05/05 s0304c2c-cj08-t03
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 304 Barcode 105560 1 usury, and the penalties of that chapter apply. In the event 2 of a bona fide error, the licensee shall refund or credit the 3 borrower with the amount of the overcharge immediately but 4 within 20 days from the discovery of such error. 5 6 (Redesignate subsequent sections.) 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 5, line 10, following the semicolon 12 13 insert: 14 amending s. 516.031, F.S.; increasing a 15 reimbursement charge for certain investigation 16 costs; 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 2:00 PM 04/05/05 s0304c2c-cj08-t03