Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1634
                        Barcode 350748
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: FAV             .                    
       04/26/2006 05:31 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Banking and Insurance (Baker) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (1) of section 494.00797,
19  Florida Statutes, is amended to read:
20         494.00797  General rule.--All counties and
21  municipalities of this state are prohibited from enacting and
22  enforcing ordinances, resolutions, and rules regulating
23  financial or lending activities, including ordinances,
24  resolutions, and rules disqualifying persons from doing
25  business with a city, county, or municipality based upon
26  lending interest rates or imposing reporting requirements or
27  any other obligations upon persons regarding financial
28  services or lending practices of persons or entities, and any
29  subsidiaries or affiliates thereof, who:
30         (1)  Are subject to the jurisdiction of the office,
31  including for activities subject to this chapter, except
                                  1
    9:15 AM   04/25/06                              s1634.bi20.00a

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1634 Barcode 350748 1 entities licensed under s. 537.004; 2 3 Proof of noncompliance with this act can be used by a city, 4 county, or municipality of this state to disqualify a vendor 5 or contractor from doing business with a city, county, or 6 municipality of this state. 7 Section 2. Subsections (3) and (4) of section 537.004, 8 Florida Statutes, are amended to read: 9 537.004 License required; license fees.-- 10 (3) If the office determines that an application 11 should be approved, the office shall issue a license for a 12 period not to exceed 2 years. Upon being notified that the 13 license application has been approved, and prior to the 14 license being issued by the office, a licensee shall pay to 15 the office a licensee fee of $10,000 for the first licensed 16 location and $2,500 for each additional location. 17 (4) A license shall be renewed biennially by filing a 18 renewal form and a nonrefundable renewal fee of $10,000 for 19 the first licensed location and $2,500 for each additional 20 location $1,200. A license that is not renewed by the end of 21 the biennial period shall automatically revert to inactive 22 status. An inactive license may be reactivated within 6 months 23 after becoming inactive by filing a reactivation form, payment 24 of the nonrefundable $1,200 renewal fee of $10,000 for the 25 first licensed location and $2,500 for each additional 26 location, and payment of a nonrefundable reactivation fee of 27 $5,000 $600. A license that is not reactivated within 6 months 28 after becoming inactive may not be reactivated and shall 29 automatically expire. The commission shall establish by rule 30 the procedures for renewal and reactivation of a license and 31 shall adopt a renewal form and a reactivation form. 2 9:15 AM 04/25/06 s1634.bi20.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1634 Barcode 350748 1 Section 3. Paragraph (c) of subsection (2) of section 2 537.008, Florida Statutes, is amended to read: 3 537.008 Title loan agreement.-- 4 (2) The following information shall also be printed on 5 all title loan agreements: 6 (c)1. The following statement in not less than 7 12-point type that: 8 a.1. If the borrower fails to repay the full amount of 9 the title loan on or before the end of the maturity date or 10 any extension of the maturity date and fails to make a payment 11 on the title loan within 30 days after the end of the maturity 12 date or any extension of the maturity date, whichever is 13 later, the title loan lender may take possession of the 14 borrower's motor vehicle and sell the vehicle in the manner 15 provided by law. If the vehicle is sold, the borrower is 16 entitled to any proceeds of the sale in excess of the amount 17 owed on the title loan and the reasonable expenses of 18 repossession and sale. 19 b.2. If the title loan agreement is lost, destroyed, 20 or stolen, the borrower should immediately so advise the 21 issuing title loan lender in writing. 22 2. The following statements in not less than 14-point 23 bold type: 24 a. This loan is not intended to meet long-term 25 financial needs. 26 b. You should use this loan only to meet short-term 27 cash needs. 28 c. You will be required to pay additional interest and 29 fees if you renew this loan rather than pay the debt in full 30 when due. 31 d. This loan is a higher interest loan. You should 3 9:15 AM 04/25/06 s1634.bi20.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1634 Barcode 350748 1 consider lower cost loans which may be available to you. 2 e. You are placing at risk your continued ownership of 3 the personal property the title for which you are pledging for 4 this loan. 5 f. If you fail to repay the full amount of this loan 6 on or before the end of the maturity date or renewal of the 7 loan, the title pledge lender may take possession of the 8 property the title for which is pledged and sell the property 9 in the manner provided by law. 10 g. If you enter into a title pledge agreement, you 11 have a legal right of rescission. This means you may cancel 12 your contract at no cost to you by returning the money you 13 borrowed by the next business day after the date of your loan. 14 15 All owners of the titled personal property must sign the title 16 loan agreement. 17 Section 4. Subsections (1), (2), and (3) of section 18 537.011, Florida Statutes, are amended, and subsections (6) 19 and (7) are added to that section, to read: 20 537.011 Title loan charges.-- 21 (1) Except as provided in paragraph (6)(a), a title 22 loan lender may charge a maximum interest rate of 22 30 23 percent per month annum computed on the first $2,000 of the 24 principal amount, and 20 24 percent per month annum on that 25 part of the principal amount exceeding $2,000 and not 26 exceeding $3,000, and 18 percent per annum on that part of the 27 principal amount exceeding $3,000. The original principal 28 amount is the same amount as the amount financed, as defined 29 by the federal Truth in Lending Act and Regulation Z of the 30 Board of Governors of the Federal Reserve System. In 31 determining compliance with the statutory maximum interest, 4 9:15 AM 04/25/06 s1634.bi20.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1634 Barcode 350748 1 the computations must be simple interest and not add-on 2 interest or any other computations. When two or more interest 3 rates are to be applied to the principal amount, the lender 4 may charge interest at that single monthly annual percentage 5 rate which, if applied according to the actuarial method to 6 each of the scheduled periodic balances of principal, would 7 produce at maturity the same total amount of interest as would 8 result from the application of the two or more rates otherwise 9 permitted, based upon the assumption that all payments are 10 made as agreed. 11 (2) The annual percentage rate that may be charged for 12 a title loan may equal, but not exceed, the annual percentage 13 rate that must be computed and disclosed as required by the 14 federal Truth in Lending Act and Regulation Z of the Board of 15 Governors of the Federal Reserve System. The maximum annual 16 percentage rate of interest that may be charged is 12 times 17 the maximum monthly rate, and the maximum monthly rate must be 18 computed on the basis of one-twelfth of the annual rate for 19 each full month. The commission shall establish by rule the 20 rate for each day in a fraction of a month when the period for 21 which the charge is computed is more or less than 1 month. 22 (3) A title loan agreement may be extended for up to 23 five additional one or more 30-day periods by mutual consent 24 of the title loan lender and the borrower. Each extension of a 25 title loan agreement shall be executed in a separate extension 26 agreement, each of which shall comply with the requirements 27 for executing a title loan agreement as provided in this act. 28 The interest rate charged in any title loan extension 29 agreement shall not exceed the interest rate charged in the 30 original related title loan agreement. A title loan lender may 31 not capitalize in any title loan extension agreement any 5 9:15 AM 04/25/06 s1634.bi20.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1634 Barcode 350748 1 unpaid interest due on the original related title loan 2 agreement or any subsequent extensions to that title loan 3 agreement. Extension agreements may be executed between the 4 parties after the commencement date of the extension period to 5 allow continuity of terms. Under no circumstance shall a title 6 lender assess further interest or any other finance charge 7 after 180 days after the execution date of the original title 8 loan agreement. At the conclusion of the 180 days, the title 9 loan lender must offer the borrower the option of repaying any 10 unpaid principal in no less than four equal monthly 11 installments without any additional interest or other charge. 12 A title loan lender may not make a new original title loan to 13 a borrower if the borrower had a title loan, an extension 14 thereof, or an interest-free principal repayment of such loan 15 outstanding in the previous 24 hours. 16 (6)(a) The title loan lender shall determine whether 17 the borrower is a member of the military services of the 18 United States. If the borrower is a member of the military 19 services of the United States or the spouse of a member of the 20 military services of the United States, a title loan lender 21 may charge a maximum interest rate of 30 percent per annum 22 computed on the first $2,000 of the original principal amount, 23 24 percent per annum on that part of the original principal 24 amount exceeding $2,000 and not exceeding $3,000, and 18 25 percent per annum on that part of the original principal 26 amount exceeding $3,000. The original principal amount is the 27 same amount as the amount financed, as defined by the federal 28 Truth in Lending Act and Regulation Z of the Board of 29 Governors of the Federal Reserve System. In determining 30 compliance with the maximum interest specified by this 31 subsection, the computations must be simple interest. Add-on 6 9:15 AM 04/25/06 s1634.bi20.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1634 Barcode 350748 1 interest or any other computations may not be used. When two 2 or more interest rates are to be applied to the original 3 principal amount, the lender may charge interest at that 4 single annual percentage rate which, if applied according to 5 the actuarial method to each of the scheduled periodic 6 balances of principal, would produce at maturity the same 7 total amount of interest as would result from the application 8 of the two or more rates otherwise permitted, based upon the 9 assumption that all payments are made as agreed. 10 (b) The annual percentage rate that may be charged for 11 a title loan to a member of the military services of the 12 United States or the spouse of a member of the military 13 services of the United States may equal, but not exceed, the 14 annual percentage rate that must be computed and disclosed as 15 required by the federal Truth in Lending Act and Regulation Z 16 of the Board of Governors of the Federal Reserve System. The 17 maximum annual percentage rate of interest that may be charged 18 is 12 times the maximum monthly rate, and the maximum monthly 19 rate must be computed on the basis of one-twelfth of the 20 annual rate for each full month. The commission shall 21 establish by rule the rate for each day in a fraction of a 22 month when the period for which the charge is computed is more 23 or less than 1 month. 24 (7) Notwithstanding any other provision of this 25 chapter, beginning with the first renewal or continuation and 26 at each successive renewal or continuation thereafter, the 27 borrower shall make a payment of at least 5 percent of the 28 original principal amount of the title pledge transaction in 29 addition to interest and fees authorized by this chapter. 30 Interest and fees authorized by this chapter at each 31 successive renewal or continuation shall be calculated on the 7 9:15 AM 04/25/06 s1634.bi20.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1634 Barcode 350748 1 outstanding principal balance. Principal payments in excess of 2 the required 5-percent principal reduction shall be credited 3 to the outstanding principal on the day received. If, at the 4 maturity of any renewal requiring a principal reduction, the 5 borrower has not made previous principal reductions adequate 6 to satisfy the current required principal reduction and the 7 borrower cannot repay at least 5 percent of the original 8 principal balance and any outstanding interest and fees 9 authorized by this chapter, the title loan lender may, but is 10 not obligated to, defer any required principal payment until 11 the end of the title loan agreement. No further interest or 12 fees may accrue on any such principal amount deferred. 13 Section 5. Subsection (8) is added to section 537.012, 14 Florida Statutes, to read: 15 537.012 Repossession, disposal of pledged property; 16 excess proceeds.-- 17 (8) If a borrower who is an active member of the 18 military services of the United States has been deployed to a 19 combat or combat support posting or is a member of the 20 Reserves or National Guard and has been called to active duty, 21 the time requirements set forth in subsections (1), (2), and 22 (3) are tolled for the duration of the deployment or active 23 duty service. 24 Section 6. Paragraphs (o) and (p) are added to 25 subsection (1) of section 537.013, Florida Statutes, and 26 subsection (3) is added to that section, to read: 27 537.013 Prohibited acts.-- 28 (1) A title loan lender, or any agent or employee of a 29 title loan lender, shall not: 30 (o) Sue for deficiency balances if the sale of the 31 titled personal property is less than the principal amount due 8 9:15 AM 04/25/06 s1634.bi20.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1634 Barcode 350748 1 on the loan. 2 (p) Make a title loan with a principal amount in 3 excess of $3,000. 4 (3) If a title loan lender transacts a title loan with 5 a member of the military services of the United States, the 6 lender shall not: 7 (a) Take possession of a vehicle of the member or the 8 spouse of such member when the member has been deployed to a 9 combat or combat support posting or is a member of the 10 Reserves or National Guard and has been called to active duty 11 for the duration of the deployment or active duty service; 12 (b) Contact the commanding officer of a borrower who 13 is a member of the military services of the United States or 14 anyone in the borrower's chain of command in an effort to 15 collect on an obligation under a title loan transaction 16 entered into with the member or the member's spouse; or 17 (c) Enter into a title loan agreement with a member of 18 the military services of the United States if a military base 19 commander has declared that a specific location of the title 20 loan lender's business is off limits to military personnel and 21 has formally notified the title loan lender of such 22 declaration. 23 Section 7. Section 537.019, Florida Statutes, is 24 created to read: 25 537.019 Conducting business with another business.--A 26 title loan lender may not conduct the business of making title 27 loans under this act within any office, room, suite, or place 28 of business in which any other business is solicited or 29 engaged in, or in association or conjunction with such other 30 business, or share common areas or employees with any other 31 business. 9 9:15 AM 04/25/06 s1634.bi20.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1634 Barcode 350748 1 Section 8. Section 537.0201, Florida Statutes, is 2 created to read: 3 537.0201 Credit counseling services; repayment plan.-- 4 (1) Prior to the maturity date of an original title 5 loan agreement or the maturity date of any extension of the 6 title loan agreement, if the borrower notifies the title loan 7 lender in person that the borrower wishes to exercise his or 8 her right to seek consumer credit counseling, the title loan 9 lender shall offer the borrower the option of a grace period 10 extending the term of the agreement for an additional 4 months 11 from such notice, without any additional charge. As a 12 condition of providing such grace period, the lender shall 13 require that, within the first 7 days of the grace period, the 14 borrower must make an appointment and attend a meeting with a 15 consumer credit counseling agency and that such consumer 16 credit counseling agency notify the title loan lender that 17 such appointment and meeting occurred. The borrower may agree 18 to, comply with, and adhere to a repayment plan approved by 19 the credit counseling agency and, if such plan provides for 20 full repayment of the title loan lender in near equal 21 installments before the end of the grace period with the first 22 payment due no later than 30 days after the date the grace 23 period began, the title loan lender shall also comply with and 24 adhere to that repayment plan. The title loan lender may not 25 seek repossession of the borrower's motor vehicle during the 26 grace period unless the borrower fails to comply with this 27 section or fails to make payments in compliance with the 28 repayment plan. If the borrower fails to comply with this 29 section or fails to make payments in compliance with the 30 repayment plan, the title loan lender may seek possession of 31 the motor vehicle pursuant to the original terms of the title 10 9:15 AM 04/25/06 s1634.bi20.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1634 Barcode 350748 1 loan agreement. Before each title loan transaction, the title 2 loan lender may verbally advise the borrower of the 3 availability of the grace period consistent with the 4 provisions of the written notice in subsection (4) and may not 5 discourage the borrower from using the grace period. For the 6 purposes of calculating the remaining balance to be repaid 7 pursuant to the repayment plan, the plan must include the 8 repayment of all unpaid principal plus unpaid interest accrued 9 on a daily basis through the first day of the grace period, 10 provided, if the borrower exercises his or her right to the 11 grace period during the original term of the title loan 12 agreement, the entire unpaid amount of the interest agreed to 13 be paid for such initial term must be paid during period of 14 the repayment plan. 15 (2) At the commencement of the grace period, the title 16 loan lender shall provide the borrower: 17 (a) A verbal notice of the availability of the grace 18 period consistent with the written notice in subsection (4). 19 (b) A list of approved consumer credit counseling 20 agencies which shall be prepared by the office. The office 21 list shall include nonprofit consumer credit counseling 22 agencies affiliated with the National Foundation for Credit 23 Counseling which provide credit counseling services to 24 residents of this state in person, by telephone, or through 25 the Internet. The office list must include phone numbers for 26 the agencies, the counties served by the agencies, and 27 indicate the agencies that provide telephone counseling and 28 those that provide Internet counseling. The office shall 29 update the list at least once each year. 30 (c) The following notice in at least 14-point type in 31 substantially the following form: 11 9:15 AM 04/25/06 s1634.bi20.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1634 Barcode 350748 1 2 AS A CONDITION OF OBTAINING A GRACE PERIOD EXTENDING THE TERM 3 OF YOUR TITLE LOAN AGREEMENT FOR AN ADDITIONAL FOUR (4) 4 MONTHS, UNTIL (DATE), WITHOUT ANY ADDITIONAL INTEREST, YOU 5 MUST COMPLETE CONSUMER CREDIT COUNSELING PROVIDED BY AN AGENCY 6 INCLUDED ON THE LIST THAT WILL BE PROVIDED TO YOU BY THIS 7 LENDER. YOU MUST ALSO AGREE TO COMPLY WITH AND ADHERE TO A 8 REPAYMENT PLAN APPROVED BY THE AGENCY THAT COMPLIES WITH THE 9 FLORIDA TITLE LOAN ACT. THE COUNSELING MAY BE IN PERSON, BY 10 TELEPHONE, OR THROUGH THE INTERNET. YOU MUST NOTIFY US WITHIN 11 SEVEN (7) DAYS, BY (DATE), THAT YOU HAVE COMPLETED AN 12 APPOINTMENT WITH SUCH A CONSUMER CREDIT COUNSELING AGENCY. WE 13 MAY VERIFY THIS INFORMATION WITH THE AGENCY. IF YOU FAIL TO 14 TIMELY PROVIDE CONFIRMATION OF YOUR COMPLETED APPOINTMENT OR 15 IF YOU DO NOT COMPLY WITH THE REPAYMENT PLAN AGREED TO WITH 16 SUCH AGENCY, WE MAY SEEK POSSESSION OF THE MOTOR VEHICLE 17 PLEDGED AS COLLATERAL FOR YOUR TITLE LOAN AGREEMENT. 18 19 (3) If a borrower completes an approved payment plan, 20 the title loan lender shall pay $25 to the consumer credit 21 counseling agency. 22 (4) In addition to all other disclosures required by 23 this section, the title loan lender shall provide the 24 following notice in at least 14-point type conspicuously 25 within the title loan agreement: 26 27 IF YOU INFORM THIS LENDER IN PERSON THAT YOU CANNOT REDEEM 28 YOUR CERTIFICATE OF TITLE BY PAYING IN FULL THE AMOUNT OWING 29 AT THE END OF THE TERM OF THIS AGREEMENT OR MAKE YOUR MINIMUM 30 PAYMENT, YOU ARE ENTITLED TO A GRACE PERIOD EXTENDING THE TERM 31 OF THIS AGREEMENT FOR AN ADDITIONAL FOUR (4) MONTHS, WITHOUT 12 9:15 AM 04/25/06 s1634.bi20.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1634 Barcode 350748 1 ANY ADDITIONAL CHARGE. THIS LENDER SHALL REQUIRE THAT YOU, AS 2 A CONDITION OF OBTAINING THE GRACE PERIOD, COMPLETE CONSUMER 3 CREDIT COUNSELING PROVIDED BY AN AGENCY INCLUDED ON THE LIST 4 THAT WILL BE PROVIDED TO YOU BY THIS LENDER AND COMPLY WITH 5 AND ADHERE TO A REPAYMENT PLAN APPROVED BY THAT AGENCY. IF YOU 6 DO NOT COMPLY WITH AND ADHERE TO A REPAYMENT PLAN APPROVED BY 7 THAT AGENCY, THIS LENDER MAY SEEK POSSESSION OF THE MOTOR 8 VEHICLE PLEDGED AS COLLATERAL FOR THIS LOAN. 9 Section 9. Section 537.018, Florida Statutes, is 10 repealed. 11 Section 10. The sums of $648,945 in recurring funds 12 and $57,830 in nonrecurring funds are appropriated from the 13 Regulatory Trust Fund in the Office of Financial Regulation 14 within the Department of Financial Services for the 2006-2007 15 fiscal year for the purpose of funding the provisions of this 16 act, and 10 full-time equivalent positions with $415,996 in 17 associated salary rate are authorized. 18 Section 11. This act shall take effect July 1, 2006. 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 Delete everything before the enacting clause 24 25 and insert: 26 A bill to be entitled 27 An act relating to title loan lenders; amending 28 s. 494.00797, F.S.; including title loan 29 lenders within a prohibition against counties 30 and municipalities regulating certain entities 31 subject to the jurisdiction of the Office of 13 9:15 AM 04/25/06 s1634.bi20.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1634 Barcode 350748 1 Financial Regulation of the Financial Services 2 Commission; amending s. 537.004, F.S.; 3 requiring payment of a license fee prior to 4 being issued a license; increasing the amount 5 of certain license renewal fees; amending s. 6 537.008, F.S.; specifying information to be 7 printed in title loan agreements; amending s. 8 537.011, F.S.; revising maximum interest rates 9 chargeable on title loans; revising title loan 10 agreement extension provisions; providing 11 requirements and limitations on extension 12 agreements; providing alternative requirements 13 for title loans made to certain military 14 personnel; providing limitations; requiring the 15 commission to establish rules for rates; 16 providing payment requirements for title loan 17 borrowers; providing interest and fee 18 calculation methodologies; providing criteria 19 and limitations for deferring required 20 principal payments; amending s. 537.012, F.S.; 21 providing for tolling certain title loan 22 payment time requirements for certain military 23 personnel; amending s. 537.013, F.S.; 24 specifying an additional prohibited activity by 25 a title loan lender; prohibiting title loans in 26 excess of a certain amount; prohibiting certain 27 activities by a title loan lender relating to 28 military personnel; providing penalties; 29 creating s. 537.019, F.S.; prohibiting title 30 loan lenders from engaging in certain business 31 activities; creating s. 537.0201, F.S.; 14 9:15 AM 04/25/06 s1634.bi20.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1634 Barcode 350748 1 providing for credit counseling services for 2 borrowers under certain circumstances; 3 providing for a grace period extending a title 4 loan agreement for credit counseling purposes; 5 providing requirements, procedures, and 6 limitations on the provision of such grace 7 periods; providing requirements for title loan 8 lenders; providing for title loan repayment 9 plans; providing criteria and requirements for 10 repayment plans; requiring the Office of 11 Financial Regulation to prepare a list of 12 approved credit counseling agencies; providing 13 list requirements; specifying a required 14 notice; requiring a title loan lender to pay a 15 certain amount to a credit counseling agency 16 under certain circumstances; providing an 17 additional specified notice requirement; 18 repealing s. 537.018, F.S., relating to 19 preserving authority for more restrictive 20 county or municipal ordinances; providing 21 appropriations; authorizing additional 22 positions and providing a salary rate; 23 providing an effective date. 24 25 26 27 28 29 30 31 15 9:15 AM 04/25/06 s1634.bi20.00a