HB 421

1
A bill to be entitled
2An act relating to contracts for loans or credit; creating
3s. 501.0119, F.S.; prohibiting creditors from increasing
4rates of interest or imposing fees on borrower accounts
5based upon certain activities of the borrower; providing a
6definition; providing for voiding certain contract, loan,
7or credit agreement terms or provisions; providing an
8effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Section 501.0119, Florida Statutes, is created
13to read:
14     501.0119  Contracts for loans or credit; increasing rate of
15interest or imposing fees prohibited; certain instruments
16void.--
17     (1)  A creditor may not increase the rate of interest upon
18the existing account of a borrower or impose a fee upon the
19outstanding balance owed by a borrower if the increased rate of
20interest or the imposition of a fee is based solely upon the
21borrower's indebtedness to any other creditor, an adverse change
22in the borrower's consumer credit report or credit score, or the
23borrower's failure to make timely payments to any other
24creditor.
25     (2)  For purposes of this section, the term "account"
26includes, but is not limited to, loans, advances, lines of
27credit, credit cards, open-end credit accounts, and similar
28financial transactions.
29     (3)  Notwithstanding any other provision of law, any term
30or provision in a contract, loan, or credit agreement contrary
31to this section is void.
32     Section 2.  This act shall take effect July 1, 2007.


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