1 | A bill to be entitled |
2 | An act relating to financial services; amending s. 520.02, |
3 | F.S.; defining the term "debt cancellation product"; |
4 | amending s. 520.07, F.S.; authorizing certain entities to |
5 | offer optional debt cancellation products under certain |
6 | circumstances; prohibiting such entities from requiring |
7 | purchase of such products as a condition for certain |
8 | financial transactions; providing requirements for |
9 | offering such products; authorizing the Financial Services |
10 | Commission to adopt rules; providing limitations; amending |
11 | s. 520.35, F.S.; revising a fee relating to certain |
12 | revolving accounts; amending s. 624.605, F.S.; including |
13 | debt cancellation products under casualty insurance; |
14 | providing a definition; authorizing certain entities to |
15 | offer debt cancellation products under certain |
16 | circumstances; specifying such products as not |
17 | constituting insurance; amending ss. 627.553 and 627.679, |
18 | F.S.; revising limitations on the amount of authorized |
19 | insurance for debtors; amending s. 627.681, F.S.; revising |
20 | a limitation on the term of credit disability insurance; |
21 | amending s. 655.005, F.S.; revising and providing |
22 | definitions; amending s. 655.79, F.S.; specifying certain |
23 | accounts as tenancies by the entireties; creating s. |
24 | 655.947, F.S.; authorizing financial institutions to offer |
25 | debt cancellation products; authorizing a fee; providing a |
26 | definition; providing requirements for financial |
27 | institutions relating to debt cancellation products; |
28 | requiring the Financial Services Commission to adopt |
29 | rules; amending s. 655.954, F.S.; authorizing certain |
30 | institutions to offer optional debt cancellation products |
31 | with certain financial transactions; prohibiting requiring |
32 | such products as a condition of such transactions; |
33 | updating definitions; amending s. 658.21, F.S.; revising |
34 | ownership requirements for capital accounts at opening for |
35 | a bank or trust company; providing capital investment |
36 | requirements for owners of certain holding companies; |
37 | amending s. 658.34, F.S.; revising requirements for shares |
38 | of capital stock of banks and trust companies; providing |
39 | restrictions on issuance or sale of certain stock under |
40 | certain circumstances; amending s. 658.36, F.S.; requiring |
41 | a state bank or trust company to file a written notice |
42 | before increasing its capital stock; amending s. 658.44, |
43 | F.S.; revising certain notice requirements relating to |
44 | dissenting stockholders; revising criteria for determining |
45 | the value of dissenting shares of certain entities; |
46 | providing an effective date. |
47 |
|
48 | Be It Enacted by the Legislature of the State of Florida: |
49 |
|
50 | Section 1. Subsections (5) through (19) of section 520.02, |
51 | Florida Statutes, are renumbered as subsections (6) through |
52 | (20), respectively, and new subsection (5) is added to that |
53 | section to read: |
54 | 520.02 Definitions.--In this act, unless the context or |
55 | subject matter otherwise requires: |
56 | (5) "Debt cancellation product" means a loan, lease, or |
57 | retail installment contract term, or modification or addendum to |
58 | a loan, lease, or retail installment contract, under which a |
59 | creditor agrees to cancel or suspend all or part of a customer's |
60 | obligation to make payments upon the occurrence of specified |
61 | events and includes, but is not limited to, debt cancellation |
62 | contracts, debt suspension agreements, and guaranteed asset |
63 | protection. |
64 | Section 2. Subsection (11) is added to section 520.07, |
65 | Florida Statutes, to read: |
66 | 520.07 Requirements and prohibitions as to retail |
67 | installment contracts.-- |
68 | (11) In conjunction with entering into any new retail |
69 | installment contract or contract for a loan, a motor vehicle |
70 | retail installment seller as defined in s. 520.02, sales finance |
71 | company as defined in s. 520.02, or retail lessor as defined in |
72 | s. 521.003, and any assignee of such entities, may offer, for a |
73 | fee or otherwise, optional debt cancellation products in |
74 | accordance with this chapter and the rules adopted by the |
75 | commission. The motor vehicle retail installment seller, sales |
76 | finance company, retail lessor, or assignee may not require the |
77 | purchase of a debt cancellation product as a condition for |
78 | making the loan. |
79 | (a) In order to offer any debt cancellation product, a |
80 | motor vehicle retail installment seller, sales finance company, |
81 | or retail lessor, and any assignee of such entities, shall |
82 | comply with the following: |
83 | 1. The cost of any debt cancellation product, with respect |
84 | to any loan covered by the debt cancellation product, shall not |
85 | exceed the amount of the indebtedness. |
86 | 2. Any contract or agreement pertaining to a debt |
87 | cancellation product shall be governed by this section. |
88 | 3. A debt cancellation product is considered an obligation |
89 | of any person that purchases or otherwise acquires the loan |
90 | contract covering such product. |
91 | (b) The commission shall adopt rules pursuant to ss. |
92 | 120.536(1) and 120.54 to administer this subsection. The rules |
93 | shall be limited to prohibited practices and prohibited contract |
94 | terms, disclosure and refund requirements, and payment of fees. |
95 | Section 3. Subsection (3) of section 520.35, Florida |
96 | Statutes, is amended to read: |
97 | 520.35 Revolving accounts.-- |
98 | (3) Notwithstanding the provisions of any other law, the |
99 | seller under a revolving account may charge, receive, and |
100 | collect a finance charge which may not exceed 15 cents per $10 |
101 | per month, computed on all amounts unpaid under the revolving |
102 | account from month to month (which need not be a calendar month) |
103 | or other regular period, and a delinquency charge not to exceed |
104 | $25 $10 for each payment in default for a period of not less |
105 | than 10 days, if the charge is agreed upon, in writing, between |
106 | the parties before imposing any charge. If the amount of the |
107 | finance charge so computed is less than $1 for any such month, a |
108 | finance charge of $1 for any such month may be charged, |
109 | received, and collected. If the regular period is other than |
110 | such monthly period or if the unpaid amount is less than or |
111 | greater than $5, the permitted finance charge shall be computed |
112 | proportionately. Such finance charge may be computed for all |
113 | unpaid balances within a range of not in excess of $10 on the |
114 | basis of the median amount within such range, if as so computed |
115 | such finance charge is applied to all unpaid balances within |
116 | such range. |
117 | Section 4. Paragraph (r) is added to subsection (1) of |
118 | section 624.605, Florida Statutes, to read: |
119 | 624.605 "Casualty insurance" defined.-- |
120 | (1) "Casualty insurance" includes: |
121 | (r) Insurance for debt cancellation products.--Insurance |
122 | that a creditor may purchase against the risk of financial loss |
123 | from the use of debt cancellation products with consumer loans |
124 | or leases or retail installment contracts. |
125 | 1. For purposes of this paragraph, the term "debt |
126 | cancellation products" means loan, lease, or retail installment |
127 | contract terms, or modifications to loan, lease, or retail |
128 | installment contracts, under which a creditor agrees to cancel |
129 | or suspend all or part of a customer's obligation to make |
130 | payments upon the occurrence of specified events and includes, |
131 | but is not limited to, debt cancellation contracts, debt |
132 | suspension agreements, and guaranteed asset protection |
133 | contracts. |
134 | 2. Debt cancellation products may be offered by financial |
135 | institutions, as defined in s. 655.005(1)(h), including insured |
136 | depository institutions as defined in 12 U.S.C. s. 1813(c) and |
137 | subsidiaries of such institutions, as provided in the financial |
138 | institution codes, or by other business entities as may be |
139 | specifically authorized by law, and such products shall not |
140 | constitute insurance for purposes of the Florida Insurance Code. |
141 | Section 5. Subsection (3) of section 627.553, Florida |
142 | Statutes, is amended to read: |
143 | 627.553 Debtor groups.--The lives of a group of |
144 | individuals may be insured under a policy issued to a creditor |
145 | or its parent holding company, or to a trustee or trustees or |
146 | agent designated by two or more creditors, which creditor, |
147 | holding company, affiliate, trustee or trustees, or agent shall |
148 | be deemed the policyholder, to insure debtors of the creditor or |
149 | creditors, subject to the following requirements: |
150 | (3) The amount of insurance on the life of any debtor |
151 | shall at no time exceed the amount owed by the debtor her or him |
152 | which is repayable in installments to the creditor or $50,000, |
153 | whichever is less, except that loans not exceeding 1 year's |
154 | duration shall not be subject to such limits. However, on such |
155 | loans not exceeding 1 year's duration, the limit of coverage |
156 | shall not exceed $50,000 with any one insurer. |
157 | Section 6. Paragraph (b) of subsection (1) of section |
158 | 627.679, Florida Statutes, is amended to read: |
159 | 627.679 Amount of insurance; disclosure.-- |
160 | (1) |
161 | (b) The total amount of credit life insurance on the life |
162 | of any debtor with respect to any loan or loans covered in one |
163 | or more insurance policies shall at no time exceed the amount of |
164 | the indebtedness $50,000 with any one creditor, except that |
165 | loans not exceeding 1 year's duration shall not be subject to |
166 | such limits, and on such loans not exceeding 1 year's duration, |
167 | the limits of coverage shall not exceed $50,000 with any one |
168 | insurer. |
169 | Section 7. Subsection (2) of section 627.681, Florida |
170 | Statutes, is amended to read: |
171 | 627.681 Term and evidence of insurance.-- |
172 | (2) The term of credit disability insurance on any debtor |
173 | insured under this section shall not exceed the term of |
174 | indebtedness 10 years, and for credit transactions that exceed |
175 | 60 months, coverage shall not exceed 60 monthly indemnities. |
176 | Section 8. Paragraphs (g) and (h) of subsection (1) of |
177 | section 655.005, Florida Statutes, are amended, and paragraph |
178 | (t) is added to that subsection, to read: |
179 | 655.005 Definitions.-- |
180 | (1) As used in the financial institutions codes, unless |
181 | the context otherwise requires, the term: |
182 | (g) "Federal financial institution" means a federally or |
183 | nationally chartered or organized financial institution |
184 | association, bank, savings bank, or credit union. |
185 | (h) "Financial institution" means a state or federal |
186 | savings or thrift association, bank, savings bank, trust |
187 | company, international bank agency, international banking |
188 | organization, international branch, international representative |
189 | office, or international administrative office, or credit union, |
190 | or an agreement corporation operating pursuant to s. 25 of the |
191 | Federal Reserve Act, 12 U.S.C. ss. 601 et seq. or Edge Act |
192 | corporation organized pursuant to s. 25(a) of the Federal |
193 | Reserve Act, 12 U.S.C. ss. 611 et seq. |
194 | (t) "Debt cancellation products" means loan, lease, or |
195 | retail installment contract terms, or modifications to loan, |
196 | lease, or retail installment contracts, under which a creditor |
197 | agrees to cancel or suspend all or part of a customer's |
198 | obligation to make payments upon the occurrence of specified |
199 | events and includes, but is not limited to, debt cancellation |
200 | contracts, debt suspension agreements, and guaranteed asset |
201 | protection contracts offered by financial institutions, insured |
202 | depository institutions as defined in 12 U.S.C. s. 1813(c), and |
203 | subsidiaries of such institutions. |
204 | Section 9. Subsection (1) of section 655.79, Florida |
205 | Statutes, is amended to read: |
206 | 655.79 Deposits and accounts in two or more names; |
207 | presumption as to vesting on death.-- |
208 | (1) Unless otherwise expressly provided in a contract, |
209 | agreement, or signature card executed in connection with the |
210 | opening or maintenance of an account, including a certificate of |
211 | deposit, a deposit account in the names of two or more persons |
212 | shall be presumed to have been intended by such persons to |
213 | provide that, upon the death of any one of them, all rights, |
214 | title, interest, and claim in, to, and in respect of such |
215 | deposit account, less all proper setoffs and charges in favor of |
216 | the institution, vest in the surviving person or persons. Any |
217 | deposit or account made in the name of two persons who are |
218 | husband and wife shall be considered a tenancy by the entirety |
219 | unless otherwise specified in writing. |
220 | Section 10. Section 655.947, Florida Statutes, is created |
221 | to read: |
222 | 655.947 Debt cancellation products.-- |
223 | (1) Debt cancellation products may be offered, and a fee |
224 | may be charged, by financial institutions and subsidiaries of |
225 | financial institutions subject to the provisions of this section |
226 | and the rules and orders of the commission or office. As used in |
227 | this section, the term "financial institutions" includes those |
228 | defined in s. 655.005(1)(h), insured depository institutions as |
229 | defined in 12 U.S.C. s. 1813, and subsidiaries of such |
230 | institutions. |
231 | (2) A financial institution shall manage the risks |
232 | associated with debt cancellation products in accordance with |
233 | prudent safety and soundness principles. A financial institution |
234 | shall establish and maintain effective risk management and |
235 | control processes over its debt cancellation products and |
236 | programs. Such processes shall include appropriate recognition |
237 | and financial reporting of income, expenses, assets, and |
238 | liabilities and appropriate treatment of all expected and |
239 | unexpected losses associated with the products. Each financial |
240 | institution shall also assess the adequacy of its internal |
241 | control and risk mitigation activities in view of the nature and |
242 | scope of its debt cancellation products and programs. |
243 | (3) The commission shall adopt rules pursuant to ss. |
244 | 120.536(1) and 120.54 to administer this section, which rules |
245 | must be consistent with 12 C.F.R. part 37, as amended. |
246 | Section 11. Section 655.954, Florida Statutes, is amended |
247 | to read: |
248 | 655.954 Financial institution loans; credit cards.-- |
249 | (1) Notwithstanding any other provision of law, a |
250 | financial institution shall have the power to make loans or |
251 | extensions of credit to any person on a credit card or overdraft |
252 | financing arrangement and to charge, in any billing cycle, |
253 | interest on the outstanding amount at a rate that is specified |
254 | in a written agreement, between the financial institution and |
255 | borrower, governing the credit card account. Such credit card |
256 | agreement may modify any terms or conditions of such credit card |
257 | account upon prior written notice of such modification as |
258 | specified by the terms of the agreement governing the credit |
259 | card account or by the Truth in Lending Act, 15 U.S.C. ss. 1601 |
260 | et seq., as amended, and the rules and regulations adopted under |
261 | such act. Any such notice provided by a financial institution |
262 | shall specify that the borrower has the right to surrender the |
263 | credit card whereupon the borrower shall have the right to |
264 | continue to pay off the borrower's credit card account in the |
265 | same manner and under the same terms and conditions as then in |
266 | effect. The borrower's failure to surrender the credit card |
267 | prior to the modifications becoming effective shall constitute a |
268 | consent to the modifications. |
269 | (2) In conjunction with entering into any contract or |
270 | agreement for a loan, line of credit, or loan extension, a |
271 | financial institution, insured depository institution as defined |
272 | in 12 U.S.C. s. 1813, and subsidiaries of such institutions may |
273 | offer, for a fee or otherwise, optional debt cancellation |
274 | products pursuant to s. 655.947 and rules adopted under that |
275 | section. The financial institution may not require the purchase |
276 | of a debt cancellation product as a condition for making the |
277 | loan, line of credit, or loan extension. |
278 | (3)(2) For the purpose of this section, the term: |
279 | (a) "Billing cycle" has the same meaning as ascribed to it |
280 | under the federal Truth in Lending Act, 15 U.S.C. ss. 1601 et |
281 | seq., as amended, and the associated regulations which are in |
282 | effect as of June 30, 2007 1992. |
283 | (b) "Interest" means those charges considered a finance |
284 | charge under the federal Truth in Lending Act, 15 U.S.C. ss. |
285 | 1601 et seq., as amended, and the associated regulations which |
286 | are in effect as of June 30, 2007 1992. |
287 | Section 12. Subsection (2) of section 658.21, Florida |
288 | Statutes, is amended to read: |
289 | 658.21 Approval of application; findings required.--The |
290 | office shall approve the application if it finds that: |
291 | (2) The proposed capitalization is in such amount as the |
292 | office deems adequate, but in no case may the total capital |
293 | accounts at opening for a bank be less than $8 $6 million if the |
294 | proposed bank is to be located in any county which is included |
295 | in a metropolitan statistical area, or $4 million if the |
296 | proposed bank is to be located in any other county. The total |
297 | capital accounts at opening for a trust company may not be less |
298 | than $3 $2 million. The organizing directors of the proposed |
299 | bank shall directly own or control at least the lesser of $3 |
300 | million or 25 percent of the bank's total capital accounts |
301 | proposed at opening as approved by the office. When the proposed |
302 | bank will be owned by a single-bank holding company, the |
303 | organizing directors of the proposed bank collectively shall |
304 | directly own or control at least an amount of the single-bank |
305 | holding company's capital accounts equal to the lesser of $3 |
306 | million or 25 percent of the proposed bank's total capital |
307 | accounts proposed at opening as approved by the office. When the |
308 | proposed bank will be owned by an existing multi-bank holding |
309 | company, the proposed directors shall have a substantial capital |
310 | investment in the holding company, as determined by the office; |
311 | however, such investment shall not be required to exceed the |
312 | amount otherwise required for a single-bank holding company |
313 | application. Of total capital accounts at opening, as noted in |
314 | the application or amendments or changes to the application, at |
315 | least 25 percent of the capital shall be directly owned or |
316 | controlled by the organizing directors of the bank. Directors of |
317 | banks owned by single-bank holding companies shall have direct |
318 | ownership or control of at least 25 percent of the bank holding |
319 | company's capital accounts. The office may disallow illegally |
320 | obtained currency, monetary instruments, funds, or other |
321 | financial resources from the capitalization requirements of this |
322 | section. The proposed stock offering must comply with the |
323 | requirements of ss. 658.23-659.25 and ss. 658.34-658.37. |
324 | Section 13. Section 658.34, Florida Statutes, is amended |
325 | to read: |
326 | 658.34 Shares of capital stock.-- |
327 | (1) A bank or trust company shall issue its capital stock |
328 | with par value of not more than $100 nor less than $1 per share. |
329 | (2) No bank or trust company shall issue any shares of |
330 | capital stock at a price less than par value, and prior to |
331 | issuance, any such shares must be fully paid in cash. |
332 | (3) With the approval of the office, a bank or trust |
333 | company may issue preferred stock of one or more classes in an |
334 | amount and with a par value as approved by the office. |
335 | (4) With the approval of the office, a bank or trust |
336 | company may issue less than all the number of shares of any of |
337 | its capital stock authorized by its articles of incorporation. |
338 | Such authorized but unissued shares may be issued only for the |
339 | following purposes: |
340 | (a) To provide for stock options and warrants as provided |
341 | in s. 658.35. |
342 | (b) To declare or pay a stock dividend; however, any such |
343 | stock dividend must comply with the provisions of this section |
344 | and s. 658.37. |
345 | (c) To increase the capital of the bank or trust company, |
346 | with the approval of the office. |
347 | (5) Stock of the same class may not be issued or sold by |
348 | the financial institution that creates different rights, |
349 | options, warrants, or benefits among the purchasers or |
350 | stockholders of that class of stock. Such prohibition does not |
351 | restrict the financial institution from creating uniform |
352 | restrictions on the transfer of stock as permitted in s. |
353 | 607.0627. |
354 | Section 14. Subsection (2) of section 658.36, Florida |
355 | Statutes, is amended to read: |
356 | 658.36 Changes in capital.-- |
357 | (2) Any state bank or trust company may, with the approval |
358 | of the office, provide for an increase in its capital stock |
359 | after filing a written notice at least 15 days prior to making |
360 | such increase. |
361 | Section 15. Subsections (2) and (5) of section 658.44, |
362 | Florida Statutes, are amended to read: |
363 | 658.44 Approval by stockholders; rights of dissenters; |
364 | preemptive rights.-- |
365 | (2) Written notice of the meeting of, or proposed written |
366 | consent action by, the stockholders of each constituent state |
367 | bank or state trust company shall be given to each stockholder |
368 | of record, whether or not entitled to vote, and whether the |
369 | meeting is an annual or a special meeting or whether the vote is |
370 | to be by written consent pursuant to s. 607.0704, and the notice |
371 | shall state that the purpose or one of the purposes of the |
372 | meeting, or of the proposed action by the stockholders without a |
373 | meeting, is to consider the proposed plan of merger and merger |
374 | agreement. Except to the extent provided otherwise with respect |
375 | to stockholders of a resulting bank or trust company pursuant to |
376 | subsection (7), the notice shall also state that dissenting |
377 | stockholders, including stockholders not entitled to vote but |
378 | dissenting under paragraph (c), will be entitled to payment in |
379 | cash of the value of only those shares held by the stockholders: |
380 | (a) Which at a meeting of the stockholders are voted |
381 | against the approval of the plan of merger and merger agreement; |
382 | (b) As to which, if the proposed action is to be by |
383 | written consent of stockholders pursuant to s. 607.0704, such |
384 | written consent is not given by the holder thereof; or |
385 | (c) With respect to which the holder thereof has given |
386 | written notice to the constituent state bank or trust company, |
387 | at or prior to the meeting of the stockholders or on or prior to |
388 | the date specified for action by the stockholders without a |
389 | meeting pursuant to s. 607.0704 in the notice of such proposed |
390 | action, that the stockholder dissents from the plan of merger |
391 | and merger agreement, and which shares are not voted for |
392 | approval of the plan or written consent given pursuant to |
393 | paragraph (a) or paragraph (b). |
394 |
|
395 | Hereinafter in this section, the term "dissenting shares" means |
396 | and includes only those shares, which may be all or less than |
397 | all the shares of any class owned by a stockholder, described in |
398 | paragraphs (a), (b), and (c). |
399 | (5) The fair value, as defined in s. 607.1301(4), of |
400 | dissenting shares of each constituent state bank or state trust |
401 | company, the owners of which have not accepted an offer for such |
402 | shares made pursuant to subsection (3), shall be determined |
403 | pursuant to ss. 607.1326 and 607.1331 except as the procedures |
404 | for notice and demand are otherwise provided in this section as |
405 | of the effective date of the merger by three appraisers, one to |
406 | be selected by the owners of at least two-thirds of such |
407 | dissenting shares, one to be selected by the board of directors |
408 | of the resulting state bank, and the third to be selected by the |
409 | two so chosen. The value agreed upon by any two of the |
410 | appraisers shall control and be final and binding on all |
411 | parties. If, within 90 days from the effective date of the |
412 | merger, for any reason one or more of the appraisers is not |
413 | selected as herein provided, or the appraisers fail to determine |
414 | the value of such dissenting shares, the office shall cause an |
415 | appraisal of such dissenting shares to be made which will be |
416 | final and binding on all parties. The expenses of appraisal |
417 | shall be paid by the resulting state bank or trust company. |
418 | Section 16. This act shall take effect October 1, 2007. |