| 1 | A bill to be entitled |
| 2 | An act relating to title loan lenders; amending s. |
| 3 | 494.00797, F.S.; including title loan lenders within a |
| 4 | prohibition against counties and municipalities regulating |
| 5 | certain entities subject to the jurisdiction of the Office |
| 6 | of Financial Regulation of the Financial Services |
| 7 | Commission; amending s. 537.008, F.S.; specifying |
| 8 | information to be printed in title loan agreements; |
| 9 | amending s. 537.011, F.S.; revising maximum interest rates |
| 10 | chargeable on title loans; providing alternative |
| 11 | requirements for title loans made to certain military |
| 12 | personnel; providing limitations; requiring the commission |
| 13 | to establish rules for rates; providing payment |
| 14 | requirements for title loan borrowers; providing interest |
| 15 | and fee calculation methodologies; providing criteria and |
| 16 | limitations for deferring required principal payments; |
| 17 | amending s. 537.012, F.S.; providing for tolling certain |
| 18 | title loan payment time requirements for certain military |
| 19 | personnel; amending s. 537.013, F.S.; specifying an |
| 20 | additional prohibited activity by a title loan lender; |
| 21 | prohibiting certain activities by a title loan lender |
| 22 | relating to military personnel; providing penalties; |
| 23 | creating s. 537.019, F.S.; prohibiting title loan lenders |
| 24 | from engaging in certain business activities; repealing s. |
| 25 | 537.018, F.S., relating to preserving authority for more |
| 26 | restrictive county or municipal ordinances; providing an |
| 27 | effective date. |
| 28 |
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| 29 | Be It Enacted by the Legislature of the State of Florida: |
| 30 |
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| 31 | Section 1. Subsection (1) of section 494.00797, Florida |
| 32 | Statutes, is amended to read: |
| 33 | 494.00797 General rule.--All counties and municipalities |
| 34 | of this state are prohibited from enacting and enforcing |
| 35 | ordinances, resolutions, and rules regulating financial or |
| 36 | lending activities, including ordinances, resolutions, and rules |
| 37 | disqualifying persons from doing business with a city, county, |
| 38 | or municipality based upon lending interest rates or imposing |
| 39 | reporting requirements or any other obligations upon persons |
| 40 | regarding financial services or lending practices of persons or |
| 41 | entities, and any subsidiaries or affiliates thereof, who: |
| 42 | (1) Are subject to the jurisdiction of the office, |
| 43 | including for activities subject to this chapter, except |
| 44 | entities licensed under s. 537.004; |
| 45 |
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| 46 | Proof of noncompliance with this act can be used by a city, |
| 47 | county, or municipality of this state to disqualify a vendor or |
| 48 | contractor from doing business with a city, county, or |
| 49 | municipality of this state. |
| 50 | Section 2. Paragraph (c) of subsection (2) of section |
| 51 | 537.008, Florida Statutes, is amended to read: |
| 52 | 537.008 Title loan agreement.-- |
| 53 | (2) The following information shall also be printed on all |
| 54 | title loan agreements: |
| 55 | (c)1. The following statement in not less than 12-point |
| 56 | type that: |
| 57 | a.1. If the borrower fails to repay the full amount of the |
| 58 | title loan on or before the end of the maturity date or any |
| 59 | extension of the maturity date and fails to make a payment on |
| 60 | the title loan within 30 days after the end of the maturity date |
| 61 | or any extension of the maturity date, whichever is later, the |
| 62 | title loan lender may take possession of the borrower's motor |
| 63 | vehicle and sell the vehicle in the manner provided by law. If |
| 64 | the vehicle is sold, the borrower is entitled to any proceeds of |
| 65 | the sale in excess of the amount owed on the title loan and the |
| 66 | reasonable expenses of repossession and sale. |
| 67 | b.2. If the title loan agreement is lost, destroyed, or |
| 68 | stolen, the borrower should immediately so advise the issuing |
| 69 | title loan lender in writing. |
| 70 | 2. The following statements in not less than 14-point bold |
| 71 | type: |
| 72 | a. This loan is not intended to meet long-term financial |
| 73 | needs. |
| 74 | b. You should use this loan only to meet short-term cash |
| 75 | needs. |
| 76 | c. You will be required to pay additional interest and |
| 77 | fees if you renew this loan rather than pay the debt in full |
| 78 | when due. |
| 79 | d. This loan is a higher interest loan. You should |
| 80 | consider lower cost loans which may be available to you. |
| 81 | e. You are placing at risk your continued ownership of the |
| 82 | personal property the title for which you are pledging for this |
| 83 | loan. |
| 84 | f. If you fail to repay the full amount of this loan on or |
| 85 | before the end of the maturity date or renewal of the loan, the |
| 86 | title pledge lender may take possession of the property the |
| 87 | title for which is pledged and sell the property in the manner |
| 88 | provided by law. |
| 89 | g. If you enter into a title pledge agreement, you have a |
| 90 | legal right of rescission. This means you may cancel your |
| 91 | contract at no cost to you by returning the money you borrowed |
| 92 | by the next business day after the date of your loan. |
| 93 |
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| 94 | All owners of the titled personal property must sign the title |
| 95 | loan agreement. |
| 96 | Section 3. Subsections (1) and (2) of section 537.011, |
| 97 | Florida Statutes, are amended, and subsections (6) and (7) are |
| 98 | added to that section, to read: |
| 99 | 537.011 Title loan charges.-- |
| 100 | (1) Except as provided in paragraph (6)(a), a title loan |
| 101 | lender may charge a maximum interest rate of 22 30 percent per |
| 102 | month annum computed on the first $2,000 of the principal |
| 103 | amount, 20 24 percent per month annum on that part of the |
| 104 | principal amount exceeding $2,000 and not exceeding $3,000, and |
| 105 | 18 percent per month annum on that part of the principal amount |
| 106 | exceeding $3,000. The original principal amount is the same |
| 107 | amount as the amount financed, as defined by the federal Truth |
| 108 | in Lending Act and Regulation Z of the Board of Governors of the |
| 109 | Federal Reserve System. In determining compliance with the |
| 110 | statutory maximum interest, the computations must be simple |
| 111 | interest and not add-on interest or any other computations. When |
| 112 | two or more interest rates are to be applied to the principal |
| 113 | amount, the lender may charge interest at that single monthly |
| 114 | annual percentage rate which, if applied according to the |
| 115 | actuarial method to each of the scheduled periodic balances of |
| 116 | principal, would produce at maturity the same total amount of |
| 117 | interest as would result from the application of the two or more |
| 118 | rates otherwise permitted, based upon the assumption that all |
| 119 | payments are made as agreed. |
| 120 | (2) The annual percentage rate that may be charged for a |
| 121 | title loan may equal, but not exceed, the annual percentage rate |
| 122 | that must be computed and disclosed as required by the federal |
| 123 | Truth in Lending Act and Regulation Z of the Board of Governors |
| 124 | of the Federal Reserve System. The maximum annual percentage |
| 125 | rate of interest that may be charged is 12 times the maximum |
| 126 | monthly rate, and the maximum monthly rate must be computed on |
| 127 | the basis of one-twelfth of the annual rate for each full month. |
| 128 | The commission shall establish by rule the rate for each day in |
| 129 | a fraction of a month when the period for which the charge is |
| 130 | computed is more or less than 1 month. |
| 131 | (6)(a) The title loan lender shall determine whether the |
| 132 | borrower is a member of the military services of the United |
| 133 | States. If the borrower is a member of the military services of |
| 134 | the United States or the spouse of a member of the military |
| 135 | services of the United States, a title loan lender may charge a |
| 136 | maximum interest rate of 30 percent per annum computed on the |
| 137 | first $2,000 of the original principal amount, 24 percent per |
| 138 | annum on that part of the original principal amount exceeding |
| 139 | $2,000 and not exceeding $3,000, and 18 percent per annum on |
| 140 | that part of the original principal amount exceeding $3,000. The |
| 141 | original principal amount is the same amount as the amount |
| 142 | financed, as defined by the federal Truth in Lending Act and |
| 143 | Regulation Z of the Board of Governors of the Federal Reserve |
| 144 | System. In determining compliance with the maximum interest |
| 145 | specified by this subsection, the computations must be simple |
| 146 | interest. Add-on interest or any other computations may not be |
| 147 | used. When two or more interest rates are to be applied to the |
| 148 | original principal amount, the lender may charge interest at |
| 149 | that single annual percentage rate which, if applied according |
| 150 | to the actuarial method to each of the scheduled periodic |
| 151 | balances of principal, would produce at maturity the same total |
| 152 | amount of interest as would result from the application of the |
| 153 | two or more rates otherwise permitted, based upon the assumption |
| 154 | that all payments are made as agreed. |
| 155 | (b) The annual percentage rate that may be charged for a |
| 156 | title loan to a member of the military services of the United |
| 157 | States or the spouse of a member of the military services of the |
| 158 | United States may equal, but not exceed, the annual percentage |
| 159 | rate that must be computed and disclosed as required by the |
| 160 | federal Truth in Lending Act and Regulation Z of the Board of |
| 161 | Governors of the Federal Reserve System. The maximum annual |
| 162 | percentage rate of interest that may be charged is 12 times the |
| 163 | maximum monthly rate, and the maximum monthly rate must be |
| 164 | computed on the basis of one-twelfth of the annual rate for each |
| 165 | full month. The commission shall establish by rule the rate for |
| 166 | each day in a fraction of a month when the period for which the |
| 167 | charge is computed is more or less than 1 month. |
| 168 | (7) Notwithstanding any other provision of this chapter, |
| 169 | beginning with the first renewal or continuation and at each |
| 170 | successive renewal or continuation thereafter, the borrower |
| 171 | shall make a payment of at least 5 percent of the original |
| 172 | principal amount of the title pledge transaction in addition to |
| 173 | interest and fees authorized by this chapter. Interest and fees |
| 174 | authorized by this chapter at each successive renewal or |
| 175 | continuation shall be calculated on the outstanding principal |
| 176 | balance. Principal payments in excess of the required 5-percent |
| 177 | principal reduction shall be credited to the outstanding |
| 178 | principal on the day received. If, at the maturity of any |
| 179 | renewal requiring a principal reduction, the borrower has not |
| 180 | made previous principal reductions adequate to satisfy the |
| 181 | current required principal reduction and the borrower cannot |
| 182 | repay at least 5 percent of the original principal balance and |
| 183 | any outstanding interest and fees authorized by this chapter, |
| 184 | the title loan lender may, but is not obligated to, defer any |
| 185 | required principal payment until the end of the title loan |
| 186 | agreement. No further interest or fees may accrue on any such |
| 187 | principal amount deferred. |
| 188 | Section 4. Subsection (8) is added to section 537.012, |
| 189 | Florida Statutes, to read: |
| 190 | 537.012 Repossession, disposal of pledged property; excess |
| 191 | proceeds.-- |
| 192 | (8) If a borrower who is an active member of the military |
| 193 | services of the United States has been deployed to a combat or |
| 194 | combat support posting or is a member of the Reserves or |
| 195 | National Guard and has been called to active duty, the time |
| 196 | requirements set forth in subsections (1), (2), and (3) are |
| 197 | tolled for the duration of the deployment or active duty |
| 198 | service. |
| 199 | Section 5. Paragraph (o) is added to subsection (1) of |
| 200 | section 537.013, Florida Statutes, and subsection (3) is added |
| 201 | to that section, to read: |
| 202 | 537.013 Prohibited acts.-- |
| 203 | (1) A title loan lender, or any agent or employee of a |
| 204 | title loan lender, shall not: |
| 205 | (o) Sue for deficiency balances if the sale of the titled |
| 206 | personal property is less than the principal amount due on the |
| 207 | loan. |
| 208 | (3) If a title loan lender transacts a title loan with a |
| 209 | member of the military services of the United States, the lender |
| 210 | shall not: |
| 211 | (a) Take possession of a vehicle of the member or the |
| 212 | spouse of such member when the member has been deployed to a |
| 213 | combat or combat support posting or is a member of the Reserves |
| 214 | or National Guard and has been called to active duty for the |
| 215 | duration of the deployment or active duty service; |
| 216 | (b) Contact the commanding officer of a borrower who is a |
| 217 | member of the military services of the United States or anyone |
| 218 | in the borrower's chain of command in an effort to collect on an |
| 219 | obligation under a title loan transaction entered into with the |
| 220 | member or the member's spouse; or |
| 221 | (c) Enter into a title loan agreement with a member of the |
| 222 | military services of the United States if a military base |
| 223 | commander has declared that a specific location of the title |
| 224 | loan lender's business is off limits to military personnel and |
| 225 | has formally notified the title loan lender of such declaration. |
| 226 | Section 6. Section 537.019, Florida Statutes, is created |
| 227 | to read: |
| 228 | 537.019 Conducting business with another business.--A |
| 229 | title loan lender may not conduct the business of making title |
| 230 | loans under this act within any office, room, suite, or place of |
| 231 | business in which any other business is solicited or engaged in, |
| 232 | or in association or conjunction with such other business, or |
| 233 | share common areas or employees with any other business. |
| 234 | Section 7. Section 537.018, Florida Statutes, is repealed. |
| 235 | Section 8. This act shall take effect July 1, 2006. |