| 1 | A bill to be entitled |
| 2 | An act relating to contracts for loans or credit; creating |
| 3 | s. 501.0119, F.S.; prohibiting creditors from increasing |
| 4 | rates of interest or imposing fees on borrower accounts |
| 5 | based upon certain activities of the borrower; providing a |
| 6 | definition; providing for voiding certain contract, loan, |
| 7 | or credit agreement terms or provisions; providing an |
| 8 | effective date. |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Section 501.0119, Florida Statutes, is created |
| 13 | to read: |
| 14 | 501.0119 Contracts for loans or credit; increasing rate of |
| 15 | interest or imposing fees prohibited; certain instruments |
| 16 | void.-- |
| 17 | (1) A creditor may not increase the rate of interest upon |
| 18 | the existing account of a borrower or impose a fee upon the |
| 19 | outstanding balance owed by a borrower if the increased rate of |
| 20 | interest or the imposition of a fee is based solely upon the |
| 21 | borrower's indebtedness to any other creditor, an adverse change |
| 22 | in the borrower's consumer credit report or credit score, or the |
| 23 | borrower's failure to make timely payments to any other |
| 24 | creditor. |
| 25 | (2) For purposes of this section, the term "account" |
| 26 | includes, but is not limited to, loans, advances, lines of |
| 27 | credit, credit cards, open-end credit accounts, and similar |
| 28 | financial transactions. |
| 29 | (3) Notwithstanding any other provision of law, any term |
| 30 | or provision in a contract, loan, or credit agreement contrary |
| 31 | to this section is void. |
| 32 | Section 2. This act shall take effect July 1, 2007. |