HB 1037

1
A bill to be entitled
2An act relating to escrow agents; creating s. 501.165,
3F.S.; prohibiting unauthorized persons from transacting
4business using the term "escrow" in a name or a title
5under certain circumstances; providing a definition;
6authorizing certain persons to bring an action for
7declaratory relief or an injunction for certain purposes;
8providing for recovery by injured persons of actual
9damages plus attorney fees and court costs in certain
10actions; providing criminal penalties; providing an
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Section 501.165, Florida Statutes, is created
16to read:
17     501.165  Escrow business by unauthorized persons; use of
18name.--
19     (1)  A person, other than a person who is specifically
20authorized under the laws of this state to act as an escrow
21agent in this state and is acting within the scope of that
22authority, may not:
23     (a)  Transact business under any name or title that
24contains the word "escrow" or words of similar import; or
25     (b)1.  Use any name, word, sign, symbol, or device in any
26context or in any manner; or
27     2.  Circulate or use any letterhead, billhead, circular,
28paper, or writing of any kind or otherwise advertise or
29represent in any manner,
30
31that indicates or reasonably implies that the business being
32conducted or advertised is the kind or character of business
33transacted that is regulated by this state as an escrow agent.
34     (2)  For purposes of this section, the term "escrow agent"
35means only:
36     (a)  A savings and loan association, bank, trust company,
37or other financial institution, any of which must be located in
38this state and any of which must have a net worth in excess of
39$5 million;
40     (b)  An attorney who is a member of The Florida Bar or his
41or her law firm;
42     (c)  A real estate broker who is licensed pursuant to
43chapter 475 or his or her brokerage firm; or
44     (d)  A title insurance agent who is licensed pursuant to s.
45626.8417, a title insurance agency that is licensed pursuant to
46s. 626.8418, or a title insurer who is authorized to transact
47business in this state pursuant to s. 624.401.
48     (3)  Any person aggrieved by a violation of this section
49may bring an action in a court of competent jurisdiction to:
50     (a)  Obtain a declaratory judgment that an act or practice
51violates this section; or
52     (b)  Enjoin any person who has violated, is violating, or
53is otherwise likely to violate this section.
54     (4)  In any action brought by a person who has suffered a
55loss as a result of a violation of this section, such person may
56recover actual damages, plus attorney's fees and court costs.
57     (5)  Any person who willfully violates this section commits
58a misdemeanor of the first degree, punishable as provided in s.
59775.082, s. 775.083, or s. 775.084.
60     Section 2.  This act shall take effect July 1, 2008.


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