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         516.405Access 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         516.41Definitions.—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         516.42Requirements 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         516.43Requirements 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         516.44Access 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         516.45Examinations, 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         516.46Annual 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.