Florida Senate - 2019 SENATOR AMENDMENT Bill No. HB 861 Ì7956603Î795660 LEGISLATIVE ACTION Senate . House . . . Floor: NC/3R . 05/03/2019 01:35 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Rouson moved the following: 1 Senate Amendment to Amendment (300314) (with title 2 amendment) 3 4 Delete lines 26 - 775 5 and insert: 6 (a) The term includes only the following: 7 1. A bank, as defined in s. 658.12(2). 8 2. A national bank, as defined in s. 658.12(12). 9 3. A credit union, as defined in s. 657.002(4). 10 4. An insurance agent, as defined in s. 626.015(3). 11 5. An insurance agency, as defined in s. 626.015(10). 12 6. A tax preparation service. 13 7. A money services business, as defined in s. 560.103(22). 14 8. An authorized vendor of a money services business, as 15 defined in s. 560.103(3). 16 9. An investment adviser, as defined in s. 517.021(14). 17 10. A financial services provider. 18 11. A public accounting firm as defined in s. 473.302(7) 19 (b) The term does not include a credit service organization 20 as defined in s. 817.7001 or a loan broker as defined in s. 21 687.14. 22 (2) “Consumer reporting agency” has the same meaning as the 23 term “consumer reporting agency that compiles and maintains 24 files on consumers on a nationwide basis” in the Fair Credit 25 Reporting Act, 15 U.S.C. s. 1681a(p). 26 (3) “Credit score” has the same meaning as in the Fair 27 Credit Reporting Act, 15 U.S.C. s. 1681g(f)(2)(A). 28 (4) “Data furnisher” has the same meaning as the term 29 “furnisher” in 12 C.F.R. s. 1022.41(c). 30 (5) “Pilot program” or “program” means the Access to 31 Responsible Credit Pilot Program. 32 (6) “Pilot program license” or “program license” means a 33 license issued under ss. 516.405-516.46 authorizing a program 34 licensee to make and collect program loans. 35 (7) “Program branch office license” means a license issued 36 under the program for each location, other than a program 37 licensee’s or access partner’s principal place of business: 38 (a) The address of which appears on business cards, 39 stationery, or advertising used by the program licensee in 40 connection with business conducted under this chapter; 41 (b) At which the program licensee’s name, advertising or 42 promotional materials, or signage suggests that program loans 43 are originated, negotiated, funded, or serviced by the program 44 licensee; or 45 (c) At which program loans are originated, negotiated, 46 funded, or serviced by the program licensee. 47 (8) “Program licensee” means a person who is licensed to 48 make and collect loans under this chapter and who is approved by 49 the office to participate in the program. 50 (9) “Program loan” means a consumer finance loan with a 51 principal amount of at least $300, but not more than $7,500, 52 originated pursuant to ss. 516.405–516.46, excluding the amount 53 of the origination fee authorized under s. 516.43(3). 54 (10) “Refinance program loan” means a program loan that 55 extends additional principal to a borrower and replaces and 56 revises an existing program loan contract with the borrower. A 57 refinance program loan does not include an extension, a 58 deferral, or a rewrite of the program loan. 59 Section 6. Effective January 1, 2020, section 516.42, 60 Florida Statutes, is created to read: 61 516.42 Requirements for program participation; program 62 application requirements.— 63 (1) A person may not advertise, offer, or make a program 64 loan, or impose any charges or fees pursuant to s. 516.43, 65 unless the person obtains a pilot program license from the 66 office. 67 (2) In order to obtain a pilot program license, a person 68 must: 69 (a)1. Be licensed to make and collect consumer finance 70 loans under s. 516.05; or 71 2. Submit the application for the license required in s. 72 516.03 concurrently with the application for the program 73 license. The application required by s. 516.03 must be approved 74 and the license under that section must be issued in order to 75 obtain the program license. 76 (b) Be accepted as a data furnisher by a consumer reporting 77 agency. 78 (c) Demonstrate financial responsibility, experience, 79 character, or general fitness, such as to command the confidence 80 of the public and to warrant the belief that the business 81 operated at the licensed or proposed location is lawful, honest, 82 fair, efficient, and within the purposes of this chapter. 83 (d) Not be subject to the issuance of a cease and desist 84 order; the issuance of a removal order; the denial, suspension, 85 or revocation of a license; or any other action within the 86 authority of the office, any financial regulatory agency in this 87 state, or any other state or federal regulatory agency that 88 affects the ability of such person to participate in the 89 program. 90 (3)(a) A program applicant must file with the office a 91 digital application in a form and manner prescribed by 92 commission rule which contains all of the following information 93 with respect to the applicant: 94 1. The legal business name and any other name under which 95 the applicant operates. 96 2. The applicant’s main address. 97 3. The applicant’s telephone number and e-mail address. 98 4. The address of each program branch office. 99 5. The name, title, address, telephone number, and e-mail 100 address of the applicant’s contact person. 101 6. The license number, if the applicant is licensed under 102 s. 516.05. 103 7. A statement as to whether the applicant intends to use 104 the services of one or more access partners under s. 516.44. 105 8. A statement that the applicant has been accepted as a 106 data furnisher by a consumer reporting agency and will report to 107 a consumer reporting agency the payment performance of each 108 borrower on all program loans. 109 9. The signature and certification of an authorized person 110 of the applicant. 111 (b) A person who desires to participate in the program but 112 who is not licensed to make consumer finance loans pursuant to 113 s. 516.05 must concurrently submit the following digital 114 applications in a form and manner specified in this chapter to 115 the office: 116 1. An application pursuant to s. 516.03 for licensure to 117 make consumer finance loans. 118 2. An application for admission to the program in 119 accordance with paragraph (a). 120 (4) Except as otherwise provided in ss. 516.405-516.46, a 121 program licensee is subject to all the laws and rules governing 122 consumer finance loans under this chapter. A program license 123 must be renewed biennially. 124 (5) Notwithstanding s. 516.05(3), only one program license 125 is required for a person to make program loans under ss. 126 516.405-516.46, regardless of whether the program licensee 127 offers program loans to prospective borrowers at its own 128 physical business locations, through access partners, or via an 129 electronic access point through which a prospective borrower may 130 directly access the website of the program licensee. 131 (6) Each branch office of a program licensee must be 132 licensed under this section. 133 (7) The office shall issue a program branch office license 134 to a program licensee after the office determines that the 135 program licensee has submitted a completed electronic 136 application for a program branch office license in a form 137 prescribed by commission rule. The program branch office license 138 must be issued in the name of the program licensee that 139 maintains the branch office. An application is considered 140 received for purposes of s. 120.60 upon receipt of a completed 141 application form. The application for a program branch office 142 license must contain the following information: 143 (a) The legal business name and any other name under which 144 the applicant operates. 145 (b) The applicant’s main address. 146 (c) The applicant’s telephone number and e-mail address. 147 (d) The address of each program branch office. 148 (e) The name, title, address, telephone number, and e-mail 149 address of the applicant’s contact person. 150 (f) The applicant’s license number, if the applicant is 151 licensed under this chapter. 152 (g) The signature and certification of an authorized person 153 of the applicant. 154 (8) Except as provided in subsection (9), a program branch 155 office license must be renewed biennially at the time of 156 renewing the program license. 157 (9) Notwithstanding subsection (7), the office may deny an 158 initial or renewal application for a program license or program 159 branch office license if the applicant or any person with power 160 to direct the management or policies of the applicant’s 161 business: 162 (a) Fails to demonstrate financial responsibility, 163 experience, character, or general fitness, such as to command 164 the confidence of the public and to warrant the belief that the 165 business operated at the licensed or proposed location is 166 lawful, honest, fair, efficient, and within the purposes of this 167 chapter. 168 (b) Pled nolo contendere to, or was convicted or found 169 guilty of, a crime involving fraud, dishonest dealing, or any 170 act of moral turpitude, regardless of whether adjudication was 171 withheld. 172 (c) Is subject to the issuance of a cease and desist order; 173 the issuance of a removal order; the denial, suspension, or 174 revocation of a license; or any other action within the 175 authority of the office, any financial regulatory agency in this 176 state, or any other state or federal regulatory agency that 177 affects the applicant’s ability to participate in the program. 178 (10) The commission shall adopt rules to implement this 179 section. 180 Section 7. Effective January 1, 2020, section 516.43, 181 Florida Statutes, is created to read: 182 516.43 Requirements for program loans.— 183 (1) REQUIREMENTS.—A program licensee shall comply with each 184 of the following requirements in making program loans: 185 (a) A program loan must be unsecured. 186 (b) A program loan must have: 187 1. A term of at least 120 days, but not more than 36 188 months, for a loan with a principal balance upon origination of 189 at least $300, but not more than $3,000. 190 2. A term of at least 12 months, but not more than 60 191 months, for a loan with a principal balance upon origination of 192 more than $3,000. 193 (c) A borrower may not receive a program loan for a 194 principal balance exceeding $5,000 unless: 195 1. The borrower has paid in full the outstanding principal, 196 interest, and fees on a previous program loan; 197 2. The borrower’s credit score increased from the time of 198 application for the borrower’s first consummated program loan; 199 and 200 3. The borrower was never delinquent for more than 7 days 201 on a previous program loan. 202 (d) A program loan may not impose a prepayment penalty. A 203 program loan must be repayable by the borrower in substantially 204 equal, periodic installments, except that the final payment may 205 be less than the amount of the prior installments. Installments 206 must be due either every 2 weeks, semimonthly, or monthly. 207 (e) A program loan must include a borrower’s right to 208 rescind the program loan by notifying the program licensee of 209 the borrower’s intent to rescind the program loan and returning 210 the principal advanced by the end of the business day after the 211 day the program loan is consummated. 212 (f) Notwithstanding s. 516.031, the maximum annual interest 213 rate charged on a program loan to the borrower, which must be 214 fixed for the duration of the program loan, is 36 percent on 215 that portion of the unpaid principal balance up to and including 216 $3,000; 30 percent on that portion of the unpaid principal 217 balance exceeding $3,000 and up to and including $4,000; and 24 218 percent on that portion of the unpaid principal balance 219 exceeding $4,000 and up to and including $7,500. The original 220 principal amount of the program loan is equal to the amount 221 financed as defined by the federal Truth in Lending Act and 222 Regulation Z of the Board of Governors of the Federal Reserve 223 System. In determining compliance with the maximum annual 224 interest rates in this paragraph, the computations used must be 225 simple interest through the application of a daily periodic rate 226 to the actual unpaid principal balance each day and may not be 227 added-on interest or any other computations. 228 (g) If two or more interest rates are applied to the 229 principal amount of a program loan, the program licensee may 230 charge, contract for, and receive interest at that single annual 231 percentage rate that, if applied according to the actuarial 232 method to each of the scheduled periodic balances of principal, 233 would produce at maturity the same total amount of interest as 234 would result from the application of the two or more rates 235 otherwise permitted, based upon the assumption that all payments 236 are made as agreed. 237 (h) The program licensee shall reduce the interest rates 238 specified in paragraph (f) on each subsequent program loan to 239 the same borrower by a minimum of 1 percent, up to a maximum of 240 6 percent, if all of the following conditions are met: 241 1. The subsequent program loan is originated within 180 242 days after the prior program loan is fully repaid. 243 2. The borrower was never more than 15 days delinquent on 244 the prior program loan. 245 3. The prior program loan was outstanding for at least one 246 half of its original term before its repayment. 247 (i) The program licensee may not induce or permit any 248 person to become obligated to the program licensee, directly or 249 contingently, or both, under more than one program loan at the 250 same time with the program licensee. 251 (j) The program licensee may not refinance a program loan 252 unless all of the following conditions are met at the time the 253 borrower submits an application to refinance: 254 1. The principal amount payable may not include more than 255 60 days’ unpaid interest accrued on the previous program loan 256 pursuant to s. 516.031(5). 257 2. For a program loan with an original term up to and 258 including 25 months, the borrower has repaid at least 60 percent 259 of the outstanding principal remaining on his or her existing 260 program loan. 261 3. For a program loan with an original term of more than 25 262 months, but not more than 60 months, the borrower has made 263 current payments for at least 9 months on his or her existing 264 program loan. 265 4. The borrower is current on payments for his or her 266 existing program loan. 267 5. The program licensee must underwrite the new program 268 loan in accordance with subsection (7). 269 (k) In lieu of the provisions of s. 687.08, the program 270 licensee or, if applicable, its approved access partner shall 271 make available to the borrower by electronic or physical means a 272 plain and complete receipt of payment at the time that a payment 273 is made by the borrower. For audit purposes, the program 274 licensee must maintain an electronic record for each receipt 275 made available to a borrower, which must include a copy of the 276 receipt and the date and time that the receipt was generated. 277 Each receipt made available to the borrower must show all of the 278 following: 279 1. The name of the borrower. 280 2. The name of the access partner, if applicable. 281 3. The total payment amount received. 282 4. The date of payment. 283 5. The program loan balance before and after application of 284 the payment. 285 6. The amount of the payment that was applied to the 286 principal, interest, and fees. 287 7. The type of payment made by the borrower. 288 8. The following statement, prominently displayed in a type 289 size equal to or larger than the type size used to display the 290 other items on the receipt: “If you have any questions about 291 your loan now or in the future, you should direct those 292 questions to ...(name of program licensee)... by ...(at least 293 two different ways in which a borrower may contact the program 294 licensee)....” 295 (2) WRITTEN DISCLOSURES AND STATEMENTS.— 296 (a) Notwithstanding s. 516.15(1), the loan contract and all 297 written disclosures and statements may be provided by a program 298 licensee to a borrower in English or in the language in which 299 the loan is negotiated. 300 (b) The program licensee shall provide to a borrower all 301 the statements required of licensees under s. 516.15. 302 (3) ORIGINATION FEES.—Notwithstanding s. 516.031, a program 303 licensee may: 304 (a) Contract for and receive an origination fee from a 305 borrower on a program loan. The program licensee may either 306 deduct the origination fee from the principal amount of the loan 307 disbursed to the borrower or capitalize the origination fee into 308 the principal balance of the loan. The origination fee is fully 309 earned and nonrefundable immediately upon the making of the 310 program loan and may not exceed the lesser of 6 percent of the 311 principal amount of the program loan made to the borrower, 312 exclusive of the origination fee, or $90. 313 (b) Not charge a borrower an origination fee more than 314 twice in any 12-month period. 315 (4) INSUFFICIENT FUNDS FEES AND DELINQUENCY CHARGES.—A 316 program licensee may: 317 (a) Notwithstanding s. 516.031, require payment from a 318 borrower of no more than $20 for fees incurred by the program 319 licensee from a dishonored payment due to insufficient funds of 320 the borrower. 321 (b) Notwithstanding s. 516.031(3)(a)9., contract for and 322 receive a delinquency charge for each payment in default for at 323 least 7 days if the charge is agreed upon, in writing, between 324 the program licensee and the borrower before it is imposed. 325 Delinquency charges may be imposed as follows: 326 1. For payments due monthly, the delinquency charge for a 327 payment in default may not exceed $15. 328 2. For payments due semimonthly, the delinquency charge for 329 a payment in default may not exceed $7.50. 330 3. For payments due every 2 weeks, the delinquency charge 331 for a payment in default may not exceed $7.50 if two payments 332 are due within the same calendar month, and may not exceed $5 if 333 three payments are due within the same calendar month. 334 335 The program licensee, or any wholly owned subsidiary of the 336 program licensee, may not sell or assign an unpaid debt to an 337 independent third party for collection purposes unless the debt 338 has been delinquent for at least 30 days. 339 (5) CREDIT EDUCATION.—Before disbursement of program loan 340 proceeds to the borrower, the program licensee must: 341 (a) Direct the borrower to the consumer credit counseling 342 services offered by an independent third party; or 343 (b) Provide a credit education program or seminar to the 344 borrower. The borrower is not required to participate in such 345 education program or seminar. A credit education program or 346 seminar offered pursuant to this paragraph must be provided at 347 no cost to the borrower. 348 (6) CREDIT REPORTING.— 349 (a) The program licensee shall report each borrower’s 350 payment performance to at least two consumer reporting agencies. 351 (b) The office may not approve an applicant for the program 352 license before the applicant has been accepted as a data 353 furnisher by a consumer reporting agency. 354 (c) The program licensee shall provide each borrower with 355 the name or names of the consumer reporting agency or agencies 356 to which it will report the borrower’s payment history. 357 (7) PROGRAM LOAN UNDERWRITING.— 358 (a) The program licensee must underwrite each program loan 359 to determine a borrower’s ability and willingness to repay the 360 program loan pursuant to the program loan terms. The program 361 licensee may not make a program loan if it determines that the 362 borrower’s total monthly debt service payments at the time of 363 origination, including the program loan for which the borrower 364 is being considered and all outstanding forms of credit that can 365 be independently verified by the program licensee, exceed 50 366 percent of the borrower’s gross monthly income for a loan of not 367 more than $3,000, or exceed 36 percent of the borrower’s gross 368 monthly income for a loan of more than $3,000. 369 (b)1. The program licensee must seek information and 370 documentation pertaining to all of a borrower’s outstanding debt 371 obligations during the loan application and underwriting 372 process, including loans that are self-reported by the borrower 373 but not available through independent verification. The program 374 licensee must verify such information using a credit report from 375 at least one consumer reporting agency or through other 376 available electronic debt verification services that provide 377 reliable evidence of a borrower’s outstanding debt obligations. 378 2. The program licensee is not required to consider loans 379 made to a borrower by friends or family in determining the 380 borrower’s debt-to-income ratio. 381 (c) The program licensee must verify the borrower’s income 382 to determine the debt-to-income ratio using information from: 383 1. Electronic means or services that provide reliable 384 evidence of the borrower’s actual income; or 385 2. The Internal Revenue Service Form W-2, tax returns, 386 payroll receipts, bank statements, or other third-party 387 documents that provide reasonably reliable evidence of the 388 borrower’s actual income. 389 (8) WAIVERS.— 390 (a) A program licensee may not require, as a condition of 391 providing the program loan, that the borrower: 392 1. Waive any right, penalty, remedy, forum, or procedure 393 provided for in any law applicable to the program loan, 394 including the right to file and pursue a civil action or file a 395 complaint with or otherwise communicate with the office, a 396 court, or any other governmental entity. 397 2. Agree to the application of laws other than those of 398 this state. 399 3. Agree to resolve disputes in a jurisdiction outside of 400 this state. 401 (b) A waiver that is required as a condition of doing 402 business with the program licensee is presumed involuntary, 403 unconscionable, against public policy, and unenforceable. 404 (c) A program licensee may not refuse to do business with 405 or discriminate against a borrower or an applicant on the basis 406 of the borrower’s or applicant’s refusal to waive any right, 407 penalty, remedy, forum, or procedure, including the right to 408 file and pursue a civil action or complaint with, or otherwise 409 communicate with, the office, a court, or any other governmental 410 entity. The exercise of a person’s right to refuse to waive any 411 right, penalty, remedy, forum, or procedure, including a 412 rejection of a contract requiring a waiver, does not affect any 413 otherwise legal terms of a contract or an agreement. 414 (d) This subsection does not apply to any agreement to 415 waive any right, penalty, remedy, forum, or procedure, including 416 any agreement to arbitrate a claim or dispute after a claim or 417 dispute has arisen. This subsection does not affect the 418 enforceability or validity of any other provision of the 419 contract. 420 Section 8. Effective January 1, 2020, section 516.44, 421 Florida Statutes, is created to read: 422 516.44 Access partners.— 423 (1) ACCESS PARTNER AGREEMENT.—All arrangements between a 424 program licensee and an access partner must be specified in a 425 written access partner agreement between the parties. The 426 agreement must contain the following provisions: 427 (a) The access partner agrees to comply with this section 428 and all rules adopted under this section regarding the 429 activities of access partners. 430 (b) The office has access to the access partner’s books and 431 records pertaining to the access partner’s operations under the 432 agreement with the program licensee in accordance with s. 433 516.45(3) and may examine the access partner pursuant to s. 434 516.45. 435 (2) AUTHORIZED SERVICES.—A program licensee may use the 436 services of one or more access partners as provided in this 437 section. An access partner may perform one or more of the 438 following services from its physical business location for the 439 program licensee: 440 (a) Distributing, circulating, using, or publishing printed 441 brochures, flyers, fact sheets, or other written materials 442 relating to program loans that the program licensee may make or 443 negotiate. The written materials must be reviewed and approved 444 in writing by the program licensee before being distributed, 445 circulated, used, or published. 446 (b) Providing written factual information about program 447 loan terms, conditions, or qualification requirements to a 448 prospective borrower which has been prepared by the program 449 licensee or reviewed and approved in writing by the program 450 licensee. An access partner may discuss the information with a 451 prospective borrower in general terms. 452 (c) Notifying a prospective borrower of the information 453 needed in order to complete a program loan application. 454 (d) Entering information provided by the prospective 455 borrower on a preprinted or an electronic application form or in 456 a preformatted computer database. 457 (e) Assembling credit applications and other materials 458 obtained in the course of a credit application transaction for 459 submission to the program licensee. 460 (f) Contacting the program licensee to determine the status 461 of a program loan application. 462 (g) Communicating a response that is returned by the 463 program licensee’s automated underwriting system to a borrower 464 or a prospective borrower. 465 (h) Obtaining a borrower’s signature on documents prepared 466 by the program licensee and delivering final copies of the 467 documents to the borrower. 468 (i) Disbursing program loan proceeds to a borrower if this 469 method of disbursement is acceptable to the borrower, subject to 470 the requirements of subsection (3). A loan disbursement made by 471 an access partner under this paragraph is deemed to be made by 472 the program licensee on the date that the funds are disbursed or 473 otherwise made available by the access partner to the borrower. 474 (j) Receiving a program loan payment from the borrower if 475 this method of payment is acceptable to the borrower, subject to 476 the requirements of subsection (3). 477 (k) Operating an electronic access point through which a 478 prospective borrower may directly access the website of the 479 program licensee to apply for a program loan. 480 (3) RECEIPT OR DISBURSEMENT OF PROGRAM LOAN PAYMENTS.— 481 (a) A loan payment made by a borrower to an access partner 482 under paragraph (2)(j) must be applied to the borrower’s program 483 loan and deemed received by the program licensee as of the date 484 on which the payment is received by the access partner. 485 (b) An access partner that receives a loan payment from a 486 borrower must deliver or cause to be delivered to the borrower a 487 plain and complete receipt showing all of the information 488 specified in s. 516.43(1)(k) at the time that the payment is 489 made by the borrower. 490 (c) A borrower who submits a loan payment to an access 491 partner under this subsection is not liable for a failure or 492 delay by the access partner in transmitting the payment to the 493 program licensee. 494 (d) An access partner that disburses or receives loan 495 payments pursuant to paragraph (2)(i) or paragraph (2)(j) must 496 maintain records of all disbursements made and loan payments 497 received for at least 2 years. 498 (4) PROHIBITED ACTIVITIES.—An access partner may not: 499 (a) Provide counseling or advice to a borrower or 500 prospective borrower with respect to any loan term. 501 (b) Provide loan-related marketing material that has not 502 previously been approved by the program licensee to a borrower 503 or a prospective borrower. 504 (c) Negotiate a loan term between a program licensee and a 505 prospective borrower. 506 (d) Offer information pertaining to a single prospective 507 borrower to more than one program licensee. However, if a 508 program licensee has declined to offer a program loan to a 509 prospective borrower and has so notified the prospective 510 borrower in writing, the access partner may then offer 511 information pertaining to that borrower to another program 512 licensee with whom it has an access partner agreement. 513 (e) Except for the purpose of assisting a borrower in 514 obtaining a refinance program loan, offer information pertaining 515 to a prospective borrower to any program licensee if the 516 prospective borrower has an outstanding program loan. 517 (f) Charge a borrower any fee for a program loan. 518 (5) DISCLOSURE STATEMENTS.— 519 (a) At the time that the access partner receives or 520 processes an application for a program loan, the access partner 521 shall provide the following statement to the applicant on behalf 522 of the program licensee, in at least 10-point type, and shall 523 request that the applicant acknowledge receipt of the statement 524 in writing: 525 526 Your loan application has been referred to us by 527 ...(name of access partner).... We may pay a fee to 528 ...(name of access partner)... for the successful 529 referral of your loan application. If you are approved 530 for the loan, ...(name of program licensee)... will 531 become your lender. If you have any questions about 532 your loan, now or in the future, you should direct 533 those questions to ...(name of program licensee)... by 534 ...(insert at least two different ways in which a 535 borrower may contact the program licensee).... If you 536 wish to report a complaint about ...(name of access 537 partner)... or ...(name of program licensee)... 538 regarding this loan transaction, you may contact the 539 Division of Consumer Finance of the Office of 540 Financial Regulation at 850-487-9687 or 541 http://www.flofr.com. 542 543 (b) If the loan applicant has questions about the program 544 loan which the access partner is not permitted to answer, the 545 access partner must make a good faith effort to assist the 546 applicant in making direct contact with the program licensee 547 before the program loan is consummated. 548 (6) COMPENSATION.— 549 (a) The program licensee may compensate an access partner 550 in accordance with a written agreement and a compensation 551 schedule that is agreed to by the program licensee and the 552 access partner, subject to the requirements in paragraph (b). 553 (b) The compensation of an access partner by a program 554 licensee is subject to the following requirements: 555 1. Compensation may not be paid to an access partner in 556 connection with a loan application unless the program loan is 557 consummated. 558 2. The access partner’s location for services and other 559 information required in subsection (7) must be reported to the 560 office. 561 3. Compensation paid by the program licensee to the access 562 partner may not exceed $65 per program loan, on average, plus $2 563 per payment received by the access partner on behalf of the 564 program licensee for the duration of the program loan, and may 565 not be charged directly or indirectly to the borrower. 566 (7) NOTICE TO OFFICE.—A program licensee that uses the 567 service of an access partner must notify the office, in a form 568 and manner prescribed by commission rule, within 15 days after 569 entering into a contract with an access partner regarding all of 570 the following: 571 (a) The name, business address, and licensing details of 572 the access partner and all locations at which the access partner 573 will perform services under this section. 574 (b) The name and contact information for an employee of the 575 access partner who is knowledgeable about, and has the authority 576 to execute, the access partner agreement. 577 (c) The name and contact information of one or more 578 employees of the access partner who are responsible for that 579 access partner’s referring activities on behalf of the program 580 licensee. 581 (d) A statement by the program licensee that it has 582 conducted due diligence with respect to the access partner and 583 has confirmed that none of the following apply: 584 1. The filing of a petition under the United States 585 Bankruptcy Code for bankruptcy or reorganization by the access 586 partner. 587 2. The commencement of an administrative or a judicial 588 license suspension or revocation proceeding, or the denial of a 589 license request or renewal, by any state, the District of 590 Columbia, any United States territory, or any foreign country in 591 which the access partner operates, plans to operate, or is 592 licensed to operate. 593 3. A felony indictment involving the access partner or an 594 affiliated party. 595 4. The felony conviction, guilty plea, or plea of nolo 596 contendere, regardless of adjudication, of the access partner or 597 an affiliated party. 598 5. Any suspected criminal act perpetrated in this state 599 relating to activities regulated under this chapter by the 600 access partner. 601 6. Notification by a law enforcement or prosecutorial 602 agency that the access partner is under criminal investigation, 603 including, but not limited to, subpoenas to produce records or 604 testimony and warrants issued by a court of competent 605 jurisdiction which authorize the search and seizure of any 606 records relating to a business activity regulated under this 607 chapter. 608 609 As used in this paragraph, the term “affiliated party” means a 610 director, officer, control person, employee, or foreign 611 affiliate of an access partner; or a person who has a 612 controlling interest in an access partner. 613 (e) Any other information requested by the office, subject 614 to the limitations specified in s. 516.45(3). 615 (8) NOTICE OF CHANGES.—An access partner must provide the 616 program licensee with a written notice sent by registered mail 617 within 30 days after any change is made to the information 618 specified in paragraphs (7)(a)-(c) and within 30 days after the 619 occurrence or knowledge of any of the events specified in 620 paragraph (7)(d). 621 (9) RESPONSIBILITY FOR ACTS OF AN ACCESS PARTNER.—A program 622 licensee is responsible for any act of its access partner if 623 such act is a violation of this chapter. 624 (10) REGISTRY OF ACCESS PARTNERS.—A program licensee shall 625 maintain a registry of all access partners and access partner 626 locations that provide services to the program licensee. The 627 program licensee shall provide a copy of the registry to the 628 office at the time the program licensee files its report 629 pursuant to s. 516.46(1). 630 (11) RULEMAKING.—The commission shall adopt rules to 631 implement this section. 632 Section 9. Effective January 1, 2020, section 516.45, 633 Florida Statutes, is created to read: 634 516.45 Examinations, investigations, and grounds for 635 disciplinary action.— 636 (1) Notwithstanding any other law, the office shall examine 637 each program licensee that is accepted into the program in 638 accordance with this chapter. 639 (2) Notwithstanding subsection (1), the office may waive 640 one or more branch office examinations if the office finds that 641 such examinations are not necessary for the protection of the 642 public due to the centralized operations of the program licensee 643 or other factors acceptable to the office. 644 (3) The scope of any investigation or examination of a 645 program licensee or access partner must be limited to those 646 books, accounts, records, documents, materials, and matters 647 reasonably necessary to determine compliance with this chapter. 648 (4) A program licensee who violates any applicable 649 provision of this chapter is subject to disciplinary action 650 pursuant to s. 516.07(2). Any such disciplinary action is 651 subject to s. 120.60. The program licensee is also subject to 652 disciplinary action for a violation of s. 516.44 committed by 653 any of its access partners. 654 (5) The office may take any of the following actions 655 against an access partner who violates s. 516.44: 656 (a) Bar the access partner from performing services under 657 this chapter. 658 (b) Bar the access partner from performing services at one 659 or more of its specific locations. 660 (c) Impose an administrative fine on the access partner of 661 up to $5,000 in a calendar year. 662 (6) The commission shall adopt rules to implement this 663 section. 664 Section 10. Effective January 1, 2020, section 516.46, 665 Florida Statutes, is created to read: 666 516.46 Annual reports by program licensees and the office.— 667 (1) By March 15, 2021, and each year thereafter, a program 668 licensee shall file a report with the office on a form and in a 669 manner prescribed by commission rule. The report must include 670 each of the items specified in subsection (2) for the preceding 671 year using aggregated or anonymized data without reference to 672 any borrower’s nonpublic personal information or any program 673 licensee’s or access partner’s proprietary or trade secret 674 information. 675 (2) By January 1, 2022, and each year thereafter, the 676 office shall post a report on its website summarizing the use of 677 the program based on the information contained in the reports 678 filed in the preceding year by program licensees under 679 subsection (1). The office’s report must publish the information 680 in the aggregate so as not to identify data by any specific 681 program licensee. The report must specify the period to which 682 the report corresponds and must include, but is not limited to, 683 the following for that period: 684 (a) The number of applicants approved for a program license 685 by the office. 686 (b) The number of program loan applications received by 687 program licensees, the number of program loans made under the 688 program, the total amount loaned, the distribution of loan 689 lengths upon origination, and the distribution of interest rates 690 and principal amounts upon origination among those program 691 loans. 692 (c) The number of borrowers who obtained more than one 693 program loan and the distribution of the number of program loans 694 per borrower. 695 (d) Of those borrowers who obtained more than one program 696 loan and had a credit score by the time of their subsequent 697 loan, the percentage of those borrowers whose credit scores 698 increased between successive loans, based on information from at 699 least one major credit bureau, and the average size of the 700 increase. In each case, the report must include the name of the 701 credit score, such as FICO or VantageScore, which the program 702 licensee is required to disclose. 703 (e) The income distribution of borrowers upon program loan 704 origination, including the number of borrowers who obtained at 705 least one program loan and who resided in a low-income or 706 moderate-income census tract at the time of their loan 707 applications. 708 (f) The number of borrowers who obtained program loans for 709 the following purposes, based on the borrowers’ responses at the 710 time of their loan applications indicating the primary purpose 711 for which the program loans were obtained: 712 1. To pay medical expenses. 713 2. To pay for vehicle repair or a vehicle purchase. 714 3. To pay bills. 715 4. To consolidate debt. 716 5. To build or repair credit history. 717 6. To finance a small business. 718 7. To pay other expenses. 719 (g) The number of borrowers who self-report that they had a 720 bank account at the time of their loan application and the 721 number of borrowers who self-report that they did not have a 722 bank account at the time of their loan application. 723 (h) For refinance program loans: 724 1. The number and percentage of borrowers who applied for a 725 refinance program loan. 726 2. Of those borrowers who applied for a refinance program 727 loan, the number and percentage of borrowers who obtained a 728 refinance program loan. 729 (i) The performance of program loans as reflected by all of 730 the following: 731 1. The number and percentage of borrowers who experienced 732 at least one delinquency lasting between 7 and 29 days and the 733 distribution of principal loan amounts corresponding to those 734 delinquencies. 735 2. The number and percentage of borrowers who experienced 736 at least one delinquency lasting between 30 and 59 days and the 737 distribution of principal loan amounts corresponding to those 738 delinquencies. 739 3. The number and percentage of borrowers who experienced 740 at least one delinquency lasting 60 days or more and the 741 distribution of principal loan amounts corresponding to those 742 delinquencies. 743 (3) The commission shall adopt rules to implement this 744 section. 745 Section 11. Sections 516.405-516.46, Florida Statutes, are 746 repealed on January 1, 2026, unless reenacted or superseded by 747 another law enacted by the Legislature before that date. 748 749 ================= T I T L E A M E N D M E N T ================ 750 And the title is amended as follows: 751 Delete lines 848 - 864 752 and insert: 753 office by a certain time; requiring the commission to 754 adopt rules; creating s. 516.45, F.S.; requiring the 755 office to examine each program licensee; authorizing 756 the office to waive branch office examinations under 757 certain circumstances; limiting the scope of certain 758 examinations and investigations; authorizing the 759 office to take certain disciplinary action against 760 program licensees and access partners; requiring the 761 commission to adopt rules; creating s. 516.46, F.S.; 762 requiring program licensees to file an annual report 763 with the office beginning on a specified date; 764 requiring the office to post an annual report on its 765 website by a specified date; specifying information to 766 be contained in the reports; requiring the commission 767 to adopt rules; providing for future repeal of the 768 pilot program; providing effective