Florida Senate - 2019 SB 874 By Senator Rouson 19-01218A-19 2019874__ 1 A bill to be entitled 2 An act relating to consumer finance loans; creating s. 3 516.405, F.S.; creating the Access to Responsible 4 Credit Pilot Program within the Office of Financial 5 Regulation; providing legislative intent; creating s. 6 516.41, F.S.; providing definitions; creating s. 7 516.42, F.S.; requiring persons to obtain a program 8 license from the office before making program loans; 9 providing licensure requirements; requiring a program 10 licensee’s program branch offices to be licensed; 11 providing program branch office license and license 12 renewal requirements; providing circumstances under 13 which the office may deny initial and renewal 14 applications; requiring the Financial Services 15 Commission to adopt rules; creating s. 516.43, F.S.; 16 providing requirements for program licensees, program 17 loans, interest rates, program loan refinancing, 18 receipts, disclosures and statements provided by 19 program licensees to borrowers, origination fees, 20 insufficient funds fees, and delinquency charges; 21 requiring program licensees to provide certain credit 22 education information to borrowers and to report 23 payment performance of borrowers to a consumer 24 reporting agency; prohibiting the office from 25 approving a program licensee applicant before the 26 applicant has been accepted as a data furnisher by a 27 consumer reporting agency; requiring program licensees 28 to underwrite program loans; prohibiting program 29 licensees from making program loans under certain 30 circumstances; requiring program licensees to seek 31 certain information and documentation; prohibiting 32 program licensees from requiring certain waivers from 33 borrowers; providing applicability; creating s. 34 516.44, F.S.; requiring all arrangements between 35 program licensees and access partners to be specified 36 in written access partner agreements; providing 37 requirements for such agreements; specifying access 38 partner services that may be used by program 39 licensees; specifying procedures for borrowers’ 40 payment receipts or access partners’ disbursement of 41 program loans; providing recordkeeping requirements; 42 prohibiting certain activities by access partners; 43 providing disclosure statement requirements; providing 44 requirements and prohibitions relating to compensation 45 paid to access partners; requiring program licensees 46 to provide the office with a specified notice after 47 contracting with access partners; defining the term 48 “affiliated party”; requiring access partners to 49 provide program licensees with a certain written 50 notice within a specified time; providing that program 51 licensees are responsible for acts of their access 52 partners; requiring the commission to adopt rules; 53 creating s. 516.45, F.S.; requiring the office to 54 examine program licensees at certain intervals, 55 beginning on a specified date; providing an exception; 56 limiting the scope of certain examinations and 57 investigations; authorizing the office to take certain 58 disciplinary action against program licensees and 59 access partners; requiring the commission to adopt 60 rules; creating s. 516.46, F.S.; requiring program 61 licensees to file an annual report with the office 62 beginning on a specified date; requiring the office to 63 post an annual report on its website by a specified 64 date; specifying information to be contained in the 65 reports; requiring the commission to adopt rules; 66 providing for future repeal of the pilot program; 67 providing an effective date. 68 69 Be It Enacted by the Legislature of the State of Florida: 70 71 Section 1. Section 516.405, Florida Statutes, is created to 72 read: 73 516.405 Access to Responsible Credit Pilot Program.— 74 (1) The Access to Responsible Credit Pilot Program is 75 created within the Office of Financial Regulation to allow more 76 Floridians to obtain responsible consumer finance loans in 77 principal amounts of at least $300 but not more than $10,000. 78 (2) The pilot program is intended to assist consumers in 79 building their credit and to provide additional consumer 80 protections for these loans that exceed current protections 81 under general law. 82 Section 2. Section 516.41, Florida Statutes, is created to 83 read: 84 516.41 Definitions.—As used in ss. 516.405-516.46, the 85 term: 86 (1) “Access partner” means an entity that, at the entity’s 87 physical business location or through online access, cellular 88 telephone, or other means, performs one or more of the services 89 authorized in s. 516.44(2) on behalf of a program licensee. The 90 term does not include a credit service organization as defined 91 in s. 817.7001 or a loan broker as defined in s. 687.14. 92 (2) “Consumer reporting agency” has the same meaning as the 93 term “consumer reporting agency that compiles and maintains 94 files on consumers on a nationwide basis” in the Fair Credit 95 Reporting Act, 15 U.S.C. s. 1681a(p). 96 (3) “Credit score” has the same meaning as in the Fair 97 Credit Reporting Act, 15 U.S.C. s. 1681g(f)(2)(A). 98 (4) “Data furnisher” has the same meaning as the term 99 “furnisher” in 12 C.F.R. s. 1022.41(c). 100 (5) “Pilot program” or “program” means the Access to 101 Responsible Credit Pilot Program. 102 (6) “Pilot program license” or “program license” means a 103 license issued under ss. 516.405-516.46 authorizing a program 104 licensee to make and collect program loans. 105 (7) “Program branch office license” means a license issued 106 under the program for each location, other than a program 107 licensee’s or access partner’s principal place of business: 108 (a) The address of which appears on business cards, 109 stationery, or advertising used by the program licensee in 110 connection with business conducted under this chapter; 111 (b) At which the program licensee’s name, advertising or 112 promotional materials, or signage suggests that program loans 113 are originated, negotiated, funded, or serviced by the program 114 licensee; or 115 (c) At which program loans are originated, negotiated, 116 funded, or serviced by the program licensee. 117 (8) “Program licensee” means a person who is licensed to 118 make and collect loans under this chapter and who is approved by 119 the office to participate in the program. 120 (9) “Program loan” means a consumer finance loan with a 121 principal amount of at least $300, but not more than $10,000, 122 originated pursuant to ss. 516.405–516.46, excluding the amount 123 of the origination fee authorized under s. 516.43(3). 124 (10) “Refinance program loan” means a program loan that 125 extends additional principal to a borrower and replaces and 126 revises an existing program loan contract with the borrower. A 127 refinance program loan does not include an extension, a 128 deferral, or a rewrite of the program loan. 129 Section 3. Section 516.42, Florida Statutes, is created to 130 read: 131 516.42 Requirements for program participation; program 132 application requirements.— 133 (1) A person may not advertise, offer, or make a program 134 loan, or impose any charges or fees pursuant to s. 516.43, 135 unless the person obtains a pilot program license from the 136 office. 137 (2) In order to obtain a pilot program license, a person 138 must: 139 (a)1. Be licensed to make and collect consumer finance 140 loans under s. 516.05; or 141 2. Submit the application for the license required in s. 142 516.05 concurrently with the application for the program 143 license. 144 (b) Be accepted as a data furnisher by a consumer reporting 145 agency. 146 (c) Not be the subject of any insolvency proceeding or a 147 pending criminal prosecution. 148 (d) Not be subject to the issuance of a cease and desist 149 order; the issuance of a removal order; the denial, suspension, 150 or revocation of a license; or any other action within the 151 authority of the office, any financial regulatory agency in this 152 state, or any other state or federal regulatory agency that 153 affects the ability of such person to participate in the 154 program. 155 (3)(a) A program applicant must file with the office a 156 digital application, in a form and manner prescribed by 157 commission rule, which contains all of the following information 158 with respect to the applicant: 159 1. The legal business name and any other name under which 160 the applicant operates. 161 2. The applicant’s main address. 162 3. The applicant’s telephone number and e-mail address. 163 4. The address of each program branch office. 164 5. The name, title, address, telephone number, and e-mail 165 address of the applicant’s contact person. 166 6. The license number, if the applicant is licensed under 167 s. 516.05. 168 7. A statement as to whether the applicant intends to use 169 the services of one or more access partners under s. 516.44. 170 8. A statement that the applicant has been accepted as a 171 data furnisher by a consumer reporting agency and will report to 172 a consumer reporting agency the payment performance of each 173 borrower on all program loans. 174 9. The signature and certification of an authorized person 175 of the applicant. 176 (b) A person who desires to participate in the program but 177 who is not licensed to make consumer finance loans pursuant to 178 s. 516.05 must concurrently submit the following digital 179 applications to the office, in a form and manner specified in 180 this chapter: 181 1. An application pursuant to s. 516.03 for licensure to 182 make consumer finance loans. 183 2. An application for admission to the program in 184 accordance with paragraph (a). 185 (4) Except as otherwise provided in ss. 516.405-516.46, a 186 program licensee is subject to all the laws and rules governing 187 consumer finance loans under this chapter. A program license 188 must be renewed biennially. 189 (5) Notwithstanding s. 516.05(3), only one program license 190 is required for a person to make program loans under ss. 191 516.405-516.46, regardless of whether the program licensee 192 offers program loans to prospective borrowers at its own 193 physical business locations, through access partners, or via an 194 electronic access point through which a prospective borrower may 195 directly access the website of the program licensee. 196 (6) Each branch office of a program licensee must be 197 licensed under this section. 198 (7) The office shall issue a program branch office license 199 to a program licensee after the office determines that the 200 program licensee has submitted a completed electronic 201 application for a program branch office license in a form 202 prescribed by commission rule. The program branch office license 203 must be issued in the name of the program licensee that 204 maintains the branch office. An application is considered 205 received for purposes of s. 120.60 upon receipt of a completed 206 application form. The application for a program branch office 207 license must contain the following information: 208 (a) The legal business name and any other name under which 209 the applicant operates. 210 (b) The applicant’s main address. 211 (c) The applicant’s telephone number and e-mail address. 212 (d) The address of each program branch office. 213 (e) The name, title, address, telephone number, and e-mail 214 address of the applicant’s contact person. 215 (f) The applicant’s license number, if the applicant is 216 licensed under this chapter. 217 (g) The signature and certification of an authorized person 218 of the applicant. 219 (8) Except as provided in subsection (9), a program branch 220 office license must be renewed biennially at the time of 221 renewing the program license. 222 (9) Notwithstanding subsection (7), the office may deny an 223 initial or renewal application for a program license or program 224 branch office license if the applicant or any person with power 225 to direct the management or policies of the applicant’s business 226 is: 227 (a) The subject of any insolvency proceeding; 228 (b) The subject of a pending criminal prosecution in any 229 jurisdiction until conclusion of such criminal prosecution; or 230 (c) Subject to the issuance of a cease and desist order; 231 the issuance of a removal order; the denial, suspension, or 232 revocation of a license; or any other action within the 233 authority of the office, any financial regulatory agency in this 234 state, or any other state or federal regulatory agency that 235 affects the applicant’s ability to participate in the program. 236 (10) The commission shall adopt rules to implement this 237 section. 238 Section 4. Section 516.43, Florida Statutes, is created to 239 read: 240 516.43 Requirements for program loans.— 241 (1) REQUIREMENTS.—A program licensee shall comply with each 242 of the following requirements in making program loans: 243 (a) A program loan must be unsecured. 244 (b) A program loan must have: 245 1. A term of at least 120 days for a loan with a principal 246 balance upon origination of at least $300, but not more than 247 $3,000. 248 2. A term of at least 12 months, but not more than 60 249 months, for a loan with a principal balance upon origination of 250 more than $3,000. 251 (c) A program loan must not impose a prepayment penalty. A 252 program loan must be repayable by the borrower in substantially 253 equal, periodic installments, except that the final payment may 254 be less than the amount of the prior installments. Installments 255 must be due either every 2 weeks, semimonthly, or monthly. 256 (d) A program loan must include a borrower’s right to 257 rescind the program loan by notifying the program licensee of 258 the borrower’s intent to rescind the program loan and returning 259 the principal advanced by the end of the business day after the 260 day the program loan is consummated. 261 (e) Notwithstanding s. 516.031, the maximum annual interest 262 rate charged on a program loan to the borrower, which must be 263 fixed for the duration of the program loan, is 36 percent on 264 that portion of the unpaid principal balance up to and including 265 $3,000; 30 percent on that portion of the unpaid principal 266 balance exceeding $3,000 and up to and including $4,000; and 24 267 percent on that portion of the unpaid principal balance 268 exceeding $4,000 and up to and including $10,000. The original 269 principal amount of the program loan is equal to the amount 270 financed as defined by the federal Truth in Lending Act and 271 Regulation Z of the Board of Governors of the Federal Reserve 272 System. In determining compliance with the maximum annual 273 interest rates in this paragraph, the computations used must be 274 simple interest through the application of a daily periodic rate 275 to the actual unpaid principal balance each day and may not be 276 added-on interest or any other computations. 277 (f) If two or more interest rates are applied to the 278 principal amount of a program loan, the program licensee may 279 charge, contract for, and receive interest at that single annual 280 percentage rate that, if applied according to the actuarial 281 method to each of the scheduled periodic balances of principal, 282 would produce at maturity the same total amount of interest as 283 would result from the application of the two or more rates 284 otherwise permitted, based upon the assumption that all payments 285 are made as agreed. 286 (g) The program licensee shall reduce the interest rates 287 specified in paragraph (e) on each subsequent program loan to 288 the same borrower by a minimum of 1 percent, up to a maximum of 289 6 percent, if all of the following conditions are met: 290 1. The subsequent program loan is originated within 180 291 days after the prior program loan is fully repaid. 292 2. The borrower was never more than 15 days delinquent on 293 the prior program loan. 294 3. The prior program loan was outstanding for at least one 295 half of its original term before its repayment. 296 (h) The program licensee may not induce or permit any 297 person to become obligated to the program licensee, directly or 298 contingently, or both, under more than one program loan at the 299 same time with the program licensee. 300 (i) The program licensee may not refinance a program loan 301 unless all of the following conditions are met at the time the 302 borrower submits an application to refinance: 303 1. The principal amount payable may not include more than 304 60 days’ unpaid interest accrued on the previous program loan 305 pursuant to s. 516.031(5). 306 2. For a program loan with an original term up to and 307 including 25 months, the borrower has repaid at least 60 percent 308 of the outstanding principal remaining on his or her existing 309 program loan. 310 3. For a program loan with an original term of more than 25 311 months, but not more than 60 months, the borrower has made 312 current payments for at least 9 months on his or her existing 313 program loan. 314 4. The borrower is current on payments for his or her 315 existing program loan. 316 5. The program licensee must underwrite the new program 317 loan in accordance with subsection (7). 318 (j) In lieu of the provisions of s. 687.08, the program 319 licensee or, if applicable, its approved access partner shall 320 make available to the borrower by electronic or physical means a 321 plain and complete receipt of payment at the time that a payment 322 is made by the borrower. For audit purposes, the program 323 licensee must maintain an electronic record for each receipt 324 made available to a borrower, which must include a copy of the 325 receipt and the date and time that the receipt was generated. 326 Each receipt made available to the borrower must show all of the 327 following: 328 1. The name of the borrower. 329 2. The name of the access partner, if applicable. 330 3. The total payment amount received. 331 4. The date of payment. 332 5. The program loan balance before and after application of 333 the payment. 334 6. The amount of the payment that was applied to the 335 principal, interest, and fees. 336 7. The type of payment made by the borrower. 337 8. The following statement, prominently displayed in a type 338 size equal to or larger than the type size used to display the 339 other items on the receipt: “If you have any questions about 340 your loan now or in the future, you should direct those 341 questions to ...(name of program licensee)... by ...(at least 342 two different ways in which a borrower may contact the program 343 licensee)....” 344 (2) WRITTEN DISCLOSURES AND STATEMENTS.— 345 (a) Notwithstanding s. 516.15(1), the loan contract and all 346 written disclosures and statements may be provided by a program 347 licensee to a borrower in English or in the language in which 348 the loan is negotiated. 349 (b) The program licensee shall provide to a borrower all 350 the statements required of licensees under s. 516.15. 351 (3) ORIGINATION FEES.—Notwithstanding s. 516.031, a program 352 licensee may: 353 (a) Contract for and receive an origination fee from a 354 borrower on a program loan. The program licensee may either 355 deduct the origination fee from the principal amount of the loan 356 disbursed to the borrower or capitalize the origination fee into 357 the principal balance of the loan. The origination fee is fully 358 earned and nonrefundable immediately upon the making of the 359 program loan and may not exceed the lesser of 6 percent of the 360 principal amount of the program loan made to the borrower, 361 exclusive of the origination fee, or $90. 362 (b) Not charge a borrower an origination fee more than 363 twice in any 12-month period. 364 (4) INSUFFICIENT FUNDS FEES AND DELINQUENCY CHARGES.—A 365 program licensee may: 366 (a) Notwithstanding s. 516.031, require payment from a 367 borrower of no more than $20 for fees incurred by the program 368 licensee from a dishonored payment due to insufficient funds of 369 the borrower. 370 (b) Notwithstanding s. 516.031(3)(a)9., contract for and 371 receive a delinquency charge of up to $15 in a calendar month 372 for one or more payments that are in default for at least 10 373 days if the charge is agreed upon, in writing, between the 374 program licensee and the borrower before it is imposed. 375 376 The program licensee, or any wholly owned subsidiary of the 377 program licensee, may not sell or assign an unpaid debt to an 378 independent third party for collection purposes unless the debt 379 has been delinquent for at least 30 days. 380 (5) CREDIT EDUCATION.—Before disbursement of program loan 381 proceeds to the borrower, the program licensee must: 382 (a) Direct the borrower to the consumer credit counseling 383 services offered by an independent third party; or 384 (b) Provide a credit education program or seminar to the 385 borrower. The borrower is not required to participate in such 386 education program or seminar. A credit education program or 387 seminar offered pursuant to this paragraph must be provided at 388 no cost to the borrower. 389 (6) CREDIT REPORTING.— 390 (a) The program licensee shall report each borrower’s 391 payment performance to at least one consumer reporting agency. 392 (b) The office may not approve an applicant for the program 393 license before the applicant has been accepted as a data 394 furnisher by a consumer reporting agency. 395 (c) The program licensee shall provide each borrower with 396 the name or names of the consumer reporting agency or agencies 397 to which it will report the borrower’s payment history. 398 (7) PROGRAM LOAN UNDERWRITING.— 399 (a) The program licensee must underwrite each program loan 400 to determine a borrower’s ability and willingness to repay the 401 program loan pursuant to the program loan terms. The program 402 licensee may not make a program loan if it determines that the 403 borrower’s total monthly debt service payments at the time of 404 origination, including the program loan for which the borrower 405 is being considered and all outstanding forms of credit that can 406 be independently verified by the program licensee, exceed 50 407 percent of the borrower’s gross monthly income for a loan of not 408 more than $3,000, or exceed 36 percent of the borrower’s gross 409 monthly income for a loan of more than $3,000. 410 (b)1. The program licensee must seek information and 411 documentation pertaining to all of a borrower’s outstanding debt 412 obligations during the loan application and underwriting 413 process, including loans that are self-reported by the borrower 414 but not available through independent verification. The program 415 licensee must verify such information using a credit report from 416 at least one consumer reporting agency or through other 417 available electronic debt verification services that provide 418 reliable evidence of a borrower’s outstanding debt obligations. 419 2. The program licensee is not required to consider loans 420 made to a borrower by friends or family in determining the 421 borrower’s debt-to-income ratio. 422 (c) The program licensee must verify the borrower’s income 423 to determine the debt-to-income ratio using information from: 424 1. Electronic means or services that provide reliable 425 evidence of the borrower’s actual income; or 426 2. The Internal Revenue Service Form W-2, tax returns, 427 payroll receipts, bank statements, or other third-party 428 documents that provide reasonably reliable evidence of the 429 borrower’s actual income. 430 (8) WAIVERS.— 431 (a) A program licensee may not require, as a condition of 432 providing the program loan, that the borrower: 433 1. Waive any right, penalty, remedy, forum, or procedure 434 provided for in any law applicable to the program loan, 435 including the right to file and pursue a civil action or file a 436 complaint with or otherwise communicate with the office, a 437 court, or any other governmental entity. 438 2. Agree to the application of laws other than those of 439 this state. 440 3. Agree to resolve disputes in a jurisdiction outside of 441 this state. 442 (b) A waiver that is required as a condition of doing 443 business with the program licensee is presumed involuntary, 444 unconscionable, against public policy, and unenforceable. 445 (c) A program licensee may not refuse to do business with 446 or discriminate against a borrower or an applicant on the basis 447 of the borrower’s or applicant’s refusal to waive any right, 448 penalty, remedy, forum, or procedure, including the right to 449 file and pursue a civil action or complaint with, or otherwise 450 communicate with, the office, a court, or any other governmental 451 entity. The exercise of a person’s right to refuse to waive any 452 right, penalty, remedy, forum, or procedure, including a 453 rejection of a contract requiring a waiver, does not affect any 454 otherwise legal terms of a contract or an agreement. 455 (d) This subsection does not apply to any agreement to 456 waive any right, penalty, remedy, forum, or procedure, including 457 any agreement to arbitrate a claim or dispute after a claim or 458 dispute has arisen. This subsection does not affect the 459 enforceability or validity of any other provision of the 460 contract. 461 Section 5. Section 516.44, Florida Statutes, is created to 462 read: 463 516.44 Access partners.— 464 (1) ACCESS PARTNER AGREEMENT.—All arrangements between a 465 program licensee and an access partner must be specified in a 466 written access partner agreement between the parties. The 467 agreement must contain the following provisions: 468 (a) The access partner agrees to comply with this section 469 and all rules adopted under this section regarding the 470 activities of access partners. 471 (b) The office has access to the access partner’s books and 472 records pertaining to the access partner’s operations under the 473 agreement with the program licensee in accordance with s. 474 516.45(3) and may examine the access partner pursuant to s. 475 516.45. 476 (2) AUTHORIZED SERVICES.—A program licensee may use the 477 services of one or more access partners as provided in this 478 section. An access partner may perform one or more of the 479 following services for the program licensee: 480 (a) Distributing, circulating, using, or publishing printed 481 brochures, flyers, fact sheets, or other written materials 482 relating to program loans that the program licensee may make or 483 negotiate. The written materials must be reviewed and approved 484 in writing by the program licensee before being distributed, 485 circulated, used, or published. 486 (b) Providing written factual information about program 487 loan terms, conditions, or qualification requirements to a 488 prospective borrower which has been prepared by the program 489 licensee or reviewed and approved in writing by the program 490 licensee. An access partner may discuss the information with a 491 prospective borrower in general terms. 492 (c) Notifying a prospective borrower of the information 493 needed in order to complete a program loan application. 494 (d) Entering information provided by the prospective 495 borrower on a preprinted or an electronic application form or in 496 a preformatted computer database. 497 (e) Assembling credit applications and other materials 498 obtained in the course of a credit application transaction for 499 submission to the program licensee. 500 (f) Contacting the program licensee to determine the status 501 of a program loan application. 502 (g) Communicating a response that is returned by the 503 program licensee’s automated underwriting system to a borrower 504 or a prospective borrower. 505 (h) Obtaining a borrower’s signature on documents prepared 506 by the program licensee and delivering final copies of the 507 documents to the borrower. 508 (i) Disbursing program loan proceeds to a borrower if this 509 method of disbursement is acceptable to the borrower, subject to 510 the requirements of subsection (3). A loan disbursement made by 511 an access partner under this paragraph is deemed to be made by 512 the program licensee on the date that the funds are disbursed or 513 otherwise made available by the access partner to the borrower. 514 (j) Receiving a program loan payment from the borrower if 515 this method of payment is acceptable to the borrower, subject to 516 the requirements of subsection (3). 517 (k) Operating an electronic access point through which a 518 prospective borrower may directly access the website of the 519 program licensee to apply for a program loan. 520 (3) RECEIPT OR DISBURSEMENT OF PROGRAM LOAN PAYMENTS.— 521 (a) A loan payment made by a borrower to an access partner 522 under paragraph (2)(j) must be applied to the borrower’s program 523 loan and deemed received by the program licensee as of the date 524 on which the payment is received by the access partner. 525 (b) An access partner that receives a loan payment from a 526 borrower must deliver or cause to be delivered to the borrower a 527 plain and complete receipt showing all of the information 528 specified in s. 516.43(1)(j) at the time that the payment is 529 made by the borrower. 530 (c) A borrower who submits a loan payment to an access 531 partner under this subsection is not liable for a failure or 532 delay by the access partner in transmitting the payment to the 533 program licensee. 534 (d) An access partner that disburses or receives loan 535 payments pursuant to paragraph (2)(i) or paragraph (2)(j) must 536 maintain records of all disbursements made and loan payments 537 received for at least 2 years. 538 (4) PROHIBITED ACTIVITIES.—An access partner may not: 539 (a) Provide counseling or advice to a borrower or 540 prospective borrower with respect to any loan term. 541 (b) Provide loan-related marketing material that has not 542 previously been approved by the program licensee to a borrower 543 or a prospective borrower. 544 (c) Negotiate a loan term between a program licensee and a 545 prospective borrower. 546 (d) Offer information pertaining to a single prospective 547 borrower to more than one program licensee. However, if a 548 program licensee has declined to offer a program loan to a 549 prospective borrower and has so notified the prospective 550 borrower in writing, the access partner may then offer 551 information pertaining to that borrower to another program 552 licensee with whom it has an access partner agreement. 553 (e) Require a borrower to pay any fees or charges to the 554 access partner or to any other person in connection with a 555 program loan other than those permitted under ss. 516.405 556 516.46. 557 (5) DISCLOSURE STATEMENTS.— 558 (a) At the time that the access partner receives or 559 processes an application for a program loan, the access partner 560 shall provide the following statement to the applicant on behalf 561 of the program licensee, in at least 10-point type, and shall 562 request that the applicant acknowledge receipt of the statement 563 in writing: 564 565 Your loan application has been referred to us by 566 ...(name of access partner).... We may pay a fee to 567 ...(name of access partner)... for the successful 568 referral of your loan application. If you are approved 569 for the loan, ...(name of program licensee)... will 570 become your lender. If you have any questions about 571 your loan, now or in the future, you should direct 572 those questions to ...(name of program licensee)... by 573 ...(insert at least two different ways in which a 574 borrower may contact the program licensee).... If you 575 wish to report a complaint about ...(name of access 576 partner)... or ...(name of program licensee)... 577 regarding this loan transaction, you may contact the 578 Division of Consumer Finance of the Office of 579 Financial Regulation at 850-487-9687 or 580 http://www.flofr.com. 581 582 (b) If the loan applicant has questions about the program 583 loan which the access partner is not permitted to answer, the 584 access partner must make a good faith effort to assist the 585 applicant in making direct contact with the program licensee 586 before the program loan is consummated. 587 (6) COMPENSATION.— 588 (a) The program licensee may compensate an access partner 589 in accordance with a written agreement and a compensation 590 schedule that is agreed to by the program licensee and the 591 access partner, subject to the requirements in paragraph (b). 592 (b) The compensation of an access partner by a program 593 licensee is subject to the following requirements: 594 1. Compensation may not be paid to an access partner in 595 connection with a loan application unless the program loan is 596 consummated. 597 2. The access partner’s location for services and other 598 information required in subsection (7) must be reported to the 599 office. 600 (7) NOTICE TO OFFICE.—A program licensee that uses the 601 service of an access partner must notify the office, in a form 602 and manner prescribed by commission rule, within 15 days after 603 entering into a contract with an access partner regarding all of 604 the following: 605 (a) The name, business address, and licensing details of 606 the access partner and all locations at which the access partner 607 will perform services under this section. 608 (b) The name and contact information for an employee of the 609 access partner who is knowledgeable about, and has the authority 610 to execute, the access partner agreement. 611 (c) The name and contact information of one or more 612 employees of the access partner who are responsible for that 613 access partner’s referring activities on behalf of the program 614 licensee. 615 (d) A statement by the program licensee that it has 616 conducted due diligence with respect to the access partner and 617 has confirmed that none of the following apply: 618 1. The filing of a petition under the United States 619 Bankruptcy Code for bankruptcy or reorganization by the access 620 partner. 621 2. The commencement of an administrative or a judicial 622 license suspension or revocation proceeding, or the denial of a 623 license request or renewal, by any state, the District of 624 Columbia, any United States territory, or any foreign country in 625 which the access partner operates, plans to operate, or is 626 licensed to operate. 627 3. A felony indictment involving the access partner or an 628 affiliated party. 629 4. The felony conviction, guilty plea, or plea of nolo 630 contendere, regardless of adjudication, of the access partner or 631 an affiliated party. 632 5. Any suspected criminal act perpetrated in this state 633 relating to activities regulated under this chapter by the 634 access partner. 635 6. Notification by a law enforcement or prosecutorial 636 agency that the access partner is under criminal investigation, 637 including, but not limited to, subpoenas to produce records or 638 testimony and warrants issued by a court of competent 639 jurisdiction which authorize the search and seizure of any 640 records relating to a business activity regulated under this 641 chapter. 642 643 As used in this paragraph, the term “affiliated party” means a 644 director, officer, responsible person, employee, or foreign 645 affiliate of an access partner; or a person who has a 646 controlling interest in an access partner. 647 (e) Any other information requested by the office, subject 648 to the limitations specified in s. 516.45(3). 649 (8) NOTICE OF CHANGES.—An access partner must provide the 650 program licensee with a written notice sent by registered mail 651 within 30 days after any change is made to the information 652 specified in paragraphs (7)(a)-(c) and within 30 days after the 653 occurrence or knowledge of any of the events specified in 654 paragraph (7)(d). 655 (9) RESPONSIBILITY FOR ACTS OF AN ACCESS PARTNER.—A program 656 licensee is responsible for any act of its access partner if 657 such act is a violation of this chapter. 658 (10) RULEMAKING.—The commission shall adopt rules to 659 implement this section. 660 Section 6. Section 516.45, Florida Statutes, is created to 661 read: 662 516.45 Examinations, investigations, and grounds for 663 disciplinary action.— 664 (1) Notwithstanding any other law, commencing on January 1, 665 2022, the office shall examine each program licensee that is 666 accepted into the program in accordance with this chapter at 667 least once every 24 months. 668 (2) Notwithstanding subsection (1), the office may waive 669 one or more branch office examinations if the office finds that 670 such examinations are not necessary for the protection of the 671 public due to the centralized operations of the program licensee 672 or other factors acceptable to the office. 673 (3) The scope of any investigation or examination of a 674 program licensee or access partner must be limited to those 675 books, accounts, records, documents, materials, and matters 676 reasonably necessary to determine compliance with this chapter. 677 (4) A program licensee who violates any applicable 678 provision of this chapter is subject to disciplinary action 679 pursuant to s. 516.07(2). Any such disciplinary action is 680 subject to s. 120.60. The program licensee is also subject to 681 disciplinary action for a violation of s. 516.44 committed by 682 any of its access partners. 683 (5) The office may take any of the following actions 684 against an access partner who violates s. 516.44: 685 (a) Bar the access partner from performing services under 686 this chapter. 687 (b) Bar the access partner from performing services at one 688 or more of its specific locations. 689 (6) The commission shall adopt rules to implement this 690 section. 691 Section 7. Section 516.46, Florida Statutes, is created to 692 read: 693 516.46 Annual reports by program licensees and the office.— 694 (1) By March 15, 2021, and each year thereafter, a program 695 licensee shall file a report with the office on a form and in a 696 manner prescribed by commission rule. The report must include 697 each of the items specified in subsection (2) for the preceding 698 year using aggregated or anonymized data without reference to 699 any borrower’s nonpublic personal information or any program 700 licensee’s or access partner’s proprietary or trade secret 701 information. 702 (2) By January 1, 2022, and each year thereafter, the 703 office shall post a report on its website summarizing the use of 704 the program based on the information contained in the reports 705 filed in the preceding year by program licensees under 706 subsection (1). The office’s report must publish the information 707 in the aggregate so as not to identify data by any specific 708 program licensee. The report must specify the period to which 709 the report corresponds and must include, but is not limited to, 710 the following for that period: 711 (a) The number of applicants approved for a program license 712 by the office. 713 (b) The number of program loan applications received by 714 program licensees, the number of program loans made under the 715 program, the total amount loaned, the distribution of loan 716 lengths upon origination, and the distribution of interest rates 717 and principal amounts upon origination among those program 718 loans. 719 (c) The number of borrowers who obtained more than one 720 program loan and the distribution of the number of program loans 721 per borrower. 722 (d) Of those borrowers who obtained more than one program 723 loan and had a credit score by the time of their subsequent 724 loan, the percentage of those borrowers whose credit scores 725 increased between successive loans, based on information from at 726 least one major credit bureau, and the average size of the 727 increase. In each case, the report must include the name of the 728 credit score, such as FICO or VantageScore, which the program 729 licensee is required to disclose. 730 (e) The income distribution of borrowers upon program loan 731 origination, including the number of borrowers who obtained at 732 least one program loan and who resided in a low-income or 733 moderate-income census tract at the time of their loan 734 applications. 735 (f) The number of borrowers who obtained program loans for 736 the following purposes, based on the borrowers’ responses at the 737 time of their loan applications indicating the primary purpose 738 for which the program loans were obtained: 739 1. To pay medical expenses. 740 2. To pay for vehicle repair or a vehicle purchase. 741 3. To pay bills. 742 4. To consolidate debt. 743 5. To build or repair credit history. 744 6. To finance a small business. 745 7. To pay other expenses. 746 (g) The number of borrowers who self-report that they had a 747 bank account at the time of their loan application and the 748 number of borrowers who self-report that they did not have a 749 bank account at the time of their loan application. 750 (h) For refinance program loans: 751 1. The number and percentage of borrowers who applied for a 752 refinance program loan. 753 2. Of those borrowers who applied for a refinance program 754 loan, the number and percentage of borrowers who obtained a 755 refinance program loan. 756 (i) The performance of program loans as reflected by all of 757 the following: 758 1. The number and percentage of borrowers who experienced 759 at least one delinquency lasting between 7 and 29 days and the 760 distribution of principal loan amounts corresponding to those 761 delinquencies. 762 2. The number and percentage of borrowers who experienced 763 at least one delinquency lasting between 30 and 59 days and the 764 distribution of principal loan amounts corresponding to those 765 delinquencies. 766 3. The number and percentage of borrowers who experienced 767 at least one delinquency lasting 60 days or more and the 768 distribution of principal loan amounts corresponding to those 769 delinquencies. 770 (3) The commission shall adopt rules to implement this 771 section. 772 Section 8. Sections 516.405-516.46, Florida Statutes, are 773 repealed on January 1, 2027, unless reenacted or superseded by 774 another law enacted by the Legislature before that date. 775 Section 9. This act shall take effect January 1, 2020.