1 | A bill to be entitled |
2 | An act relating to deferred presentment transactions; |
3 | amending s. 560.404, F.S.; restricting the actions of a |
4 | deferred presentment provider under a deferred presentment |
5 | transaction agreement with a member of the United States |
6 | Armed Forces or the spouse of a servicemember; prohibiting |
7 | a deferred presentment provider from entering into a |
8 | transaction agreement with a servicemember under certain |
9 | circumstances; providing an effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Subsection (24) is added to section 560.404, |
14 | Florida Statutes, to read: |
15 | 560.404 Requirements for deferred presentment |
16 | transactions.-- |
17 | (24)(a) A deferred presentment provider shall determine |
18 | whether a drawer is a member of the United States Armed Forces. |
19 | If a drawer is a servicemember or the spouse of a servicemember, |
20 | the deferred presentment provider: |
21 | 1. May not garnish any military wages or salary; |
22 | 2. May not conduct any collection activity for the |
23 | duration of the deployment when the servicemember has been |
24 | deployed to a combat post or a combat support post or for the |
25 | duration of the active duty when a servicemember of the United |
26 | States Reserve Forces or National Guard has been called to |
27 | active duty; |
28 | 3. May not contact the commanding officer of the |
29 | servicemember or anyone in the chain of command of the |
30 | servicemember in an effort to collect a payment obligation under |
31 | a deferred presentment transaction agreement entered into with |
32 | the servicemember or the spouse of the servicemember; and |
33 | 4. Shall be bound by the terms of any repayment agreement |
34 | that the deferred presentment provider negotiates with respect |
35 | to the drawer through military counselors or third-party credit |
36 | counselors. |
37 | (b) A deferred presentment provider may not enter into a |
38 | deferred presentment transaction agreement with a member of the |
39 | United States Armed Forces if a military base commander declares |
40 | that a specific business location of the deferred presentment |
41 | provider is off limits to military personnel and formally |
42 | notifies the deferred presentment provider of the declaration. |
43 | Section 2. This act shall take effect July 1, 2006. |