1 | A bill to be entitled |
2 | An act relating to escrow agents; creating s. 501.165, |
3 | F.S.; prohibiting unauthorized persons from transacting |
4 | business using the term "escrow" in a name or a title |
5 | under certain circumstances; providing a definition; |
6 | authorizing certain persons to bring an action for |
7 | declaratory relief or an injunction for certain purposes; |
8 | providing for recovery by injured persons of actual |
9 | damages plus attorney fees and court costs in certain |
10 | actions; providing criminal penalties; providing an |
11 | effective date. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. Section 501.165, Florida Statutes, is created |
16 | to read: |
17 | 501.165 Escrow business by unauthorized persons; use of |
18 | name.-- |
19 | (1) A person, other than a person who is specifically |
20 | authorized under the laws of this state to act as an escrow |
21 | agent in this state and is acting within the scope of that |
22 | authority, may not: |
23 | (a) Transact business under any name or title that |
24 | contains the word "escrow" or words of similar import; or |
25 | (b)1. Use any name, word, sign, symbol, or device in any |
26 | context or in any manner; or |
27 | 2. Circulate or use any letterhead, billhead, circular, |
28 | paper, or writing of any kind or otherwise advertise or |
29 | represent in any manner, |
30 | |
31 | that indicates or reasonably implies that the business being |
32 | conducted or advertised is the kind or character of business |
33 | transacted that is regulated by this state as an escrow agent. |
34 | (2) For purposes of this section, the term "escrow agent" |
35 | means only: |
36 | (a) A savings and loan association, bank, trust company, |
37 | or other financial institution, any of which must be located in |
38 | this 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 |
41 | or her law firm; |
42 | (c) A real estate broker who is licensed pursuant to |
43 | chapter 475 or his or her brokerage firm; or |
44 | (d) A title insurance agent who is licensed pursuant to s. |
45 | 626.8417, a title insurance agency that is licensed pursuant to |
46 | s. 626.8418, or a title insurer who is authorized to transact |
47 | business in this state pursuant to s. 624.401. |
48 | (3) Any person aggrieved by a violation of this section |
49 | may bring an action in a court of competent jurisdiction to: |
50 | (a) Obtain a declaratory judgment that an act or practice |
51 | violates this section; or |
52 | (b) Enjoin any person who has violated, is violating, or |
53 | is otherwise likely to violate this section. |
54 | (4) In any action brought by a person who has suffered a |
55 | loss as a result of a violation of this section, such person may |
56 | recover actual damages, plus attorney's fees and court costs. |
57 | (5) Any person who willfully violates this section commits |
58 | a misdemeanor of the first degree, punishable as provided in s. |
59 | 775.082, s. 775.083, or s. 775.084. |
60 | Section 2. This act shall take effect July 1, 2008. |