Florida Senate - 2016 SB 260
By Senator Smith
31-00235-16 2016260__
1 A bill to be entitled
2 An act relating to financial transactions; amending s.
3 670.108, F.S.; revising applicability; providing that
4 ch. 670, F.S., governs certain funds transfers that
5 are remittance transfers; providing that the federal
6 Electronic Fund Transfer Act governs any inconsistency
7 between a funds transfer made under the federal act
8 and a funds transfer made under ch. 670, F.S.;
9 amending s. 701.03, F.S.; requiring that an open-end
10 mortgage be cancelled within a specified timeframe if
11 the borrower provides written notice of his or her
12 intent to close the open-end mortgage; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 670.108, Florida Statutes, is amended to
18 read:
19 670.108 Relationship to Electronic Fund Transfer Act
20 Exclusion of consumer transactions governed by federal law.—
21 (1) Except as provided in subsection (2), this chapter does
22 not apply to a funds transfer any part of which is governed by
23 the Electronic Fund Transfer Act of 1978 (Title XX, Pub. L. No.
24 95-630, 92 Stat. 3728, 15 U.S.C. ss. 1693 et seq.), as amended
25 from time to time.
26 (2) This chapter applies to a funds transfer that is a
27 remittance transfer as defined in the Electronic Fund Transfer
28 Act, 15 U.S.C. s. 1693o-1, as amended from time to time, unless
29 the remittance transfer is an electronic funds transfer as
30 defined in the Electronic Fund Transfer Act, 15 U.S.C s. 1693a,
31 as amended from time to time.
32 (3) If there is an inconsistency between a funds transfer
33 under this chapter and the Electronic Fund Transfer Act, the
34 Electronic Fund Transfer Act governs the inconsistency.
35 Section 2. Section 701.03, Florida Statutes, is amended to
36 read:
37 701.03 Cancellation.—When Whenever the amount of money due
38 on any mortgage is shall be fully paid, the mortgagee or
39 assignee shall, within 60 days of full payment, thereafter
40 cancel the mortgage same in the manner provided by law. This
41 section does not apply to an open-end mortgage unless, after
42 fully paying the mortgage, the borrower provides written notice
43 of his or her intent to close the open-end mortgage. If such
44 notice is given, the mortgagee or assignee shall cancel the
45 open-ended mortgage within 60 days after receiving the notice.
46 Section 3. This act shall take effect July 1, 2016.