HB 499

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


CODING: Words stricken are deletions; words underlined are additions.