Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 874 Ì402070iÎ402070 LEGISLATIVE ACTION Senate . House Comm: RS . 03/25/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Rouson) recommended the following: 1 Senate Amendment 2 3 Delete lines 146 - 245 4 and insert: 5 (c) Demonstrate financial responsibility, experience, 6 character, or general fitness, such as to command the confidence 7 of the public and to warrant the belief that the business 8 operated at the licensed or proposed location is lawful, honest, 9 fair, efficient, and within the purposes of this chapter. 10 (d) Not be subject to the issuance of a cease and desist 11 order; the issuance of a removal order; the denial, suspension, 12 or revocation of a license; or any other action within the 13 authority of the office, any financial regulatory agency in this 14 state, or any other state or federal regulatory agency that 15 affects the ability of such person to participate in the 16 program. 17 (3)(a) A program applicant must file with the office a 18 digital application in a form and manner prescribed by 19 commission rule which contains all of the following information 20 with respect to the applicant: 21 1. The legal business name and any other name under which 22 the applicant operates. 23 2. The applicant’s main address. 24 3. The applicant’s telephone number and e-mail address. 25 4. The address of each program branch office. 26 5. The name, title, address, telephone number, and e-mail 27 address of the applicant’s contact person. 28 6. The license number, if the applicant is licensed under 29 s. 516.05. 30 7. A statement as to whether the applicant intends to use 31 the services of one or more access partners under s. 516.44. 32 8. A statement that the applicant has been accepted as a 33 data furnisher by a consumer reporting agency and will report to 34 a consumer reporting agency the payment performance of each 35 borrower on all program loans. 36 9. The signature and certification of an authorized person 37 of the applicant. 38 (b) A person who desires to participate in the program but 39 who is not licensed to make consumer finance loans pursuant to 40 s. 516.05 must concurrently submit the following digital 41 applications in a form and manner specified in this chapter to 42 the office: 43 1. An application pursuant to s. 516.03 for licensure to 44 make consumer finance loans. 45 2. An application for admission to the program in 46 accordance with paragraph (a). 47 (4) Except as otherwise provided in ss. 516.405-516.46, a 48 program licensee is subject to all the laws and rules governing 49 consumer finance loans under this chapter. A program license 50 must be renewed biennially. 51 (5) Notwithstanding s. 516.05(3), only one program license 52 is required for a person to make program loans under ss. 53 516.405-516.46, regardless of whether the program licensee 54 offers program loans to prospective borrowers at its own 55 physical business locations, through access partners, or via an 56 electronic access point through which a prospective borrower may 57 directly access the website of the program licensee. 58 (6) Each branch office of a program licensee must be 59 licensed under this section. 60 (7) The office shall issue a program branch office license 61 to a program licensee after the office determines that the 62 program licensee has submitted a completed electronic 63 application for a program branch office license in a form 64 prescribed by commission rule. The program branch office license 65 must be issued in the name of the program licensee that 66 maintains the branch office. An application is considered 67 received for purposes of s. 120.60 upon receipt of a completed 68 application form. The application for a program branch office 69 license must contain the following information: 70 (a) The legal business name and any other name under which 71 the applicant operates. 72 (b) The applicant’s main address. 73 (c) The applicant’s telephone number and e-mail address. 74 (d) The address of each program branch office. 75 (e) The name, title, address, telephone number, and e-mail 76 address of the applicant’s contact person. 77 (f) The applicant’s license number, if the applicant is 78 licensed under this chapter. 79 (g) The signature and certification of an authorized person 80 of the applicant. 81 (8) Except as provided in subsection (9), a program branch 82 office license must be renewed biennially at the time of 83 renewing the program license. 84 (9) Notwithstanding subsection (7), the office may deny an 85 initial or renewal application for a program license or program 86 branch office license if the applicant or any person with power 87 to direct the management or policies of the applicant’s 88 business: 89 (a) Fails to demonstrate financial responsibility, 90 experience, character, or general fitness, such as to command 91 the confidence of the public and to warrant the belief that the 92 business operated at the licensed or proposed location is 93 lawful, honest, fair, efficient, and within the purposes of this 94 chapter. 95 (b) Pled nolo contendere to, or was convicted or found 96 guilty of, a crime involving fraud, dishonest dealing, or any 97 act of moral turpitude, regardless of whether adjudication was 98 withheld. 99 (c) Is subject to the issuance of a cease and desist order; 100 the issuance of a removal order; the denial, suspension, or 101 revocation of a license; or any other action within the 102 authority of the office, any financial regulatory agency in this 103 state, or any other state or federal regulatory agency that 104 affects the applicant’s ability to participate in the program. 105 (10) The commission shall adopt rules to implement this 106 section. 107 Section 4. Section 516.43, Florida Statutes, is created to 108 read: 109 516.43 Requirements for program loans.— 110 (1) REQUIREMENTS.—A program licensee shall comply with each 111 of the following requirements in making program loans: 112 (a) A program loan must be unsecured. 113 (b) A program loan must have: 114 1. A term of at least 120 days, but not more than 60 115 months, for a loan with a principal