Florida Senate - 2015 SB 1012 By Senator Richter 23-00852B-15 20151012__ 1 A bill to be entitled 2 An act relating to consumer loans; amending s. 3 516.031, F.S.; providing terms for certain consumer 4 loans made by licensees; specifying authorized amounts 5 of certain fees and charges; authorizing a borrower to 6 rescind an installment loan within a specified period; 7 requiring the licensee to refund or credit the 8 borrower certain charges under specified conditions; 9 amending s. 516.07, F.S.; prohibiting a licensee from 10 making payments to a person as a reward for referring 11 loan applications to the licensee under certain 12 circumstances; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsection (1) of section 516.031, Florida 17 Statutes, is amended to read: 18 516.031 Finance charge; maximum rates.— 19 (1) INTEREST RATES.— 20 (a) A licensee may lend any sum of money up to $25,000. A 21 licensee may not take a security interest secured by land on any 22 loan less than $1,000. The licensee may charge, contract for, 23 and receive thereon interest charges as provided and authorized 24 by this section. The maximum interest rate shall be 30 percent 25 per annum, computed on the first $3,000 of the principal amount; 26 24 percent per annum on that part of the principal amount 27 exceeding $3,000 and up to $4,000; and 18 percent per annum on 28 that part of the principal amount exceeding $4,000 and up to 29 $25,000. The original principal amount as used in this section 30 is the same as the amount financed as defined by the federal 31 Truth in Lending Act and Regulation Z of the Board of Governors 32 of the Federal Reserve System. In determining compliance with 33 the statutory maximum interest and finance charges set forth 34 herein, the computations used shall be simple interest and not 35 add-on interest or any other computations. If two or more 36 interest rates are applied to the principal amount of a loan, 37 the licensee may charge, contract for, and receive interest at 38 that single annual percentage rate which, if applied according 39 to the actuarial method to each of the scheduled periodic 40 balances of principal, would produce at maturity the same total 41 amount of interest as would result from the application of the 42 two or more rates otherwise permitted, based upon the assumption 43 that all payments are made as agreed. 44 (b) As an alternative to charging the rates set forth in 45 paragraph (a), a licensee may provide a consumer installment 46 loan of not less than $300 or more than $2,000 for a loan term 47 that is not less than 6 months or more than 24 months where the 48 licensee may charge: 49 1. A one-time processing fee not to exceed the lesser of 10 50 percent of the amount financed or $150; and 51 2. An installment loan handling charge that does not 52 exceed: 53 a. Five dollars per $100 of the amount financed per month 54 on an installment loan for loan amounts of at least $300 but not 55 more than $500; or 56 b. Four dollars per $100 of the amount financed per month 57 on an installment loan for loan amounts of more than $500 but 58 not more than $2,000. 59 (c) No further charges are authorized in connection with an 60 installment loan made pursuant to paragraph (b), except: 61 1. Actual and reasonable attorney fees and court costs as 62 determined by the court in which suit is filed. 63 2. A delinquency charge of up to $15 for each payment that 64 is in default for 10 days or more if the charge is agreed upon 65 in writing between the parties at time the loan is made. 66 3. A bad check charge as set forth in paragraph (3)(b). 67 (d) A borrower may rescind an installment loan made under 68 paragraph (b) by returning the amount of the loan to the 69 licensee no later than the end of the 5th business day after the 70 day on which the loan was made. Upon such return, the licensee 71 shall promptly cancel the processing fee and the installment 72 loan handling charge. 73 (e) If the outstanding balance of an installment loan made 74 pursuant to paragraph (b) is paid in full with cash, a new loan, 75 or renewal of the existing loan at least 30 days before the date 76 that the final installment is due, the licensee shall refund or 77 credit to the borrower the unearned portion of any installment 78 loan handling charge made in connection with the loan. The 79 refund or credit shall be calculated according to the actuarial 80 method from the date of the loan until the date the loan is paid 81 in full. 82 Section 2. Paragraph (k) of subsection (1) of section 83 516.07, Florida Statutes, is amended to read: 84 516.07 Grounds for denial of license or for disciplinary 85 action.— 86 (1) The following acts are violations of this chapter and 87 constitute grounds for denial of an application for a license to 88 make consumer finance loans and grounds for any of the 89 disciplinary actions specified in subsection (2): 90 (k) Paying money or anything else of value, directly or 91 indirectly, to any person as compensation, inducement, or reward 92 for referring loan applicants to a licensee if such amount is 93 charged directly or indirectly to the borrower. 94 Section 3. This act shall take effect July 1, 2015.