Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 2226
       
       
       
       
       
       
                                Barcode 369678                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/23/2009           .                                
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       The Policy and Steering Committee on Ways and Means
       (Haridopolos) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 3527 and 3528
    4  insert:
    5         Section 71. Section 516.01, Florida Statutes, is amended to
    6  read:
    7         516.01 Definitions.—As used in this chapter, the term:
    8         (1)“Commission” means the Financial Services Commission.
    9         (2)(1) “Consumer finance borrower” or “borrower” means a
   10  person who has incurred either direct or contingent liability to
   11  repay a consumer finance loan or a nonrecourse loan.
   12         (3)(2) “Consumer finance loan” means a loan of money,
   13  credit, goods, or choses in action, including, except as
   14  otherwise specifically indicated, provision of a line of credit,
   15  in an amount or to a value of $25,000 or less for which the
   16  lender charges, contracts for, collects, or receives interest at
   17  a rate greater than 18 percent per annum.
   18         (3)“Commission” means the Financial Services Commission.
   19         (4)“Control person” means an individual, partnership,
   20  corporation, trust, or other organization that possesses the
   21  power, directly or indirectly, to direct the management or
   22  policies of a company, whether through ownership of securities,
   23  by contract, or otherwise. A person is presumed to control a
   24  company if, with respect to a particular company, that person:
   25         (a)Is a director, general partner, or officer exercising
   26  executive responsibility or having similar status or functions;
   27         (b)Directly or indirectly may vote 10 percent or more of a
   28  class of a voting security or sell or direct the sale of 10
   29  percent or more of a class of voting securities; or
   30         (c)In the case of a partnership, may receive upon
   31  dissolution or has contributed 10 percent or more of the
   32  capital.
   33         (4)“Office” means the Office of Financial Regulation of
   34  the commission.
   35         (5) “Interest” means the cost of obtaining a consumer
   36  finance loan and includes any profit or advantage of any kind
   37  whatsoever that a lender may charge, contract for, collect,
   38  receive, or in anywise obtain, including by means of any
   39  collateral sale, purchase, or agreement, as a condition for a
   40  consumer finance loan. Charges specifically permitted by this
   41  chapter, including commissions received for insurance written as
   42  permitted by this chapter, shall not be deemed interest.
   43         (6) “License” means a permit issued under this chapter to
   44  make and collect loans in accordance with this chapter at a
   45  single place of business.
   46         (7) “Licensee” means a person to whom a license is issued.
   47         (8)“Nonrecourse loan” means a loan of $5,000 or less that
   48  is unsecured or may be secured by the personal property of the
   49  borrower, that has a term of not more than 3 years, that fully
   50  amortizes over the term of the loan, and for which the borrower
   51  has no liability beyond the property that is security for the
   52  loan if such loan is secured, except in the instance of fraud.
   53         (8)“Control person” means an individual, partnership,
   54  corporation, trust, or other organization that possesses the
   55  power, directly or indirectly, to direct the management or
   56  policies of a company, whether through ownership of securities,
   57  by contract, or otherwise. A person is presumed to control a
   58  company if, with respect to a particular company, that person:
   59         (a)Is a director, general partner, or officer exercising
   60  executive responsibility or having similar status or functions;
   61         (b)Directly or indirectly may vote 10 percent or more of a
   62  class of a voting security or sell or direct the sale of 10
   63  percent or more of a class of voting securities; or
   64         (c)In the case of a partnership, may receive upon
   65  dissolution or has contributed 10 percent or more of the
   66  capital.
   67         (9)“Office” means the Office of Financial Regulation of
   68  the commission.
   69         Section 72. Present subsections (2) through (5) of section
   70  516.031, Florida Statutes, are redesignated as subsections (3)
   71  through (6), respectively, a new subsection (2) is added to that
   72  section, and present paragraph (a) of subsection (3) of that
   73  section is amended, to read:
   74         516.031 Finance charge; maximum rates.—
   75         (2)NONRECOURSE LOAN.—In a nonrecourse loan transaction,
   76  every licensee may charge, contract for, and receive interest
   77  not to exceed 48 percent per annum on the outstanding principal
   78  balance of the nonrecourse loan plus a monthly administrative
   79  fee not to exceed 10 percent per month on the outstanding
   80  principal balance of the nonrecourse loan
   81         (4)(3) OTHER CHARGES.—
   82         (a) In addition to the interest, administrative fee,
   83  delinquency, and insurance charges herein provided for, no
   84  further or other charges or amount whatsoever for any
   85  examination, service, commission, or other thing or otherwise
   86  shall be directly or indirectly charged, contracted for, or
   87  received as a condition to the grant of a loan, except:
   88         1. An amount not to exceed $25 to reimburse a portion of
   89  the costs for investigating the character and credit of the
   90  person applying for the loan;
   91         2. An annual fee of $25 on the anniversary date of each
   92  line-of-credit account;
   93         3. Charges paid for brokerage fee on a loan or line of
   94  credit of more than $10,000, title insurance, and the appraisal
   95  of real property offered as security when paid to a third party
   96  and supported by an actual expenditure;
   97         4. Intangible personal property tax on the loan note or
   98  obligation when secured by a lien on real property;
   99         5. The documentary excise tax and lawful fees, if any,
  100  actually and necessarily paid out by the licensee to any public
  101  officer for filing, recording, or releasing in any public office
  102  any instrument securing the loan, which fees may be collected
  103  when the loan is made or at any time thereafter;
  104         6. The premium payable for any insurance in lieu of
  105  perfecting any security interest otherwise required by the
  106  licensee in connection with the loan, if the premium does not
  107  exceed the fees which would otherwise be payable, which premium
  108  may be collected when the loan is made or at any time
  109  thereafter;
  110         7. Actual and reasonable attorney’s fees and court costs as
  111  determined by the court in which suit is filed;
  112         8. Actual and commercially reasonable expenses of
  113  repossession, storing, repairing and placing in condition for
  114  sale, and selling of any property pledged as security; or
  115         9. A delinquency charge not to exceed $10 for each payment
  116  in default for a period of not less than 10 days, if the charge
  117  is agreed upon, in writing, between the parties before imposing
  118  the charge.
  119  
  120  Any charges, including interest, in excess of the combined total
  121  of all charges authorized and permitted by this chapter
  122  constitute a violation of chapter 687 governing interest and
  123  usury, and the penalties of that chapter apply. In the event of
  124  a bona fide error, the licensee shall refund or credit the
  125  borrower with the amount of the overcharge immediately but
  126  within 20 days from the discovery of such error.
  127  
  128  ================= T I T L E   A M E N D M E N T ================
  129         And the title is amended as follows:
  130         Delete line 161
  131  and insert:
  132         certain date; amending s. 516.01, F.S.; defining the
  133         term “nonrecourse loan”; amending s. 516.031, F.S.;
  134         authorizing licensees to charge and receive interest
  135         and a monthly administrative fee in nonrecourse loan
  136         transactions; providing limitations; providing
  137         effective dates.