Florida Senate - 2010                                     SB 116
       
       
       
       By Senator Bullard
       
       
       
       
       39-00190-10                                            2010116__
    1                        A bill to be entitled                      
    2         An act relating to debtors and creditors; creating s.
    3         687.072, F.S.; requiring lenders or creditors to
    4         verify the identity of persons applying for a loan,
    5         credit card, or extension of credit; providing that
    6         the knowing and willful use of personal identifying
    7         information of another individual creates a rebuttable
    8         presumption; providing for the forfeiture of any
    9         future indebtedness for failure to verify an
   10         applicant’s identity; providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 687.072, Florida Statutes, is created to
   15  read:
   16         687.072 Applications for loans or extensions of credit.—Any
   17  lender or creditor licensed or chartered under the provisions of
   18  chapter 516, chapter 520, chapter 657, chapter 658, chapter 665,
   19  or part XV of chapter 627; any lender or creditor located in
   20  this state and licensed or chartered under the laws of the
   21  United States and authorized to conduct a lending business; or
   22  any lender or creditor lending through a licensee under ss.
   23  494.006-494.0077, authorized to issue loans, credit cards, or
   24  extensions of credit must verify the identity of the person
   25  applying for a loan of money, a credit card, or an extension of
   26  credit. A subsequent determination that a person who applied for
   27  a loan, credit card, or extension of credit knowingly and
   28  willfully used the personal identifying information of another
   29  individual creates a rebuttable presumption in any subsequent
   30  collection action by the lender or creditor for indebtedness
   31  that the lender or creditor failed to verify the identity of the
   32  applicant and that, therefore, the individual whose personal
   33  identifying information was used has no liability for the debt.
   34         Section 2. This act shall take effect July 1, 2010.