Florida Senate - 2016                              CS for SB 260
       
       
        
       By the Committee on Banking and Insurance; and Senators Smith
       and Richter
       
       597-02020-16                                           2016260c1
    1                        A bill to be entitled                      
    2         An act relating to financial transactions; amending s.
    3         670.108, F.S.; revising applicability; providing that
    4         ch. 670, F.S., governs certain funds transfers that
    5         are remittance transfers; providing that the federal
    6         Electronic Fund Transfer Act governs any inconsistency
    7         between a funds transfer made under the federal act
    8         and a funds transfer made under ch. 670, F.S.;
    9         amending s. 701.03, F.S.; providing that a requirement
   10         that certain mortgages be cancelled within a specified
   11         timeframe of satisfaction does not apply to existing
   12         or future open-ended mortgages unless the requirement
   13         is specified in the loan agreement; requiring that an
   14         open-ended mortgage be cancelled within a specified
   15         timeframe if the borrower provides written notice of
   16         his or her intent to close the open-ended mortgage;
   17         amending s. 516.07, F.S.; revising the grounds for
   18         denial of an application for a license to make
   19         consumer finance loans; providing applicability;
   20         providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 670.108, Florida Statutes, is amended to
   25  read:
   26         670.108 Relationship to Electronic Fund Transfer Act
   27  Exclusion of consumer transactions governed by federal law.—
   28         (1) Except as provided in subsection (2), this chapter does
   29  not apply to a funds transfer any part of which is governed by
   30  the Electronic Fund Transfer Act of 1978 (Title XX, Pub. L. No.
   31  95-630, 92 Stat. 3728, 15 U.S.C. ss. 1693 et seq.), as amended
   32  from time to time.
   33         (2) This chapter applies to a funds transfer that is a
   34  remittance transfer as defined in the Electronic Fund Transfer
   35  Act, 15 U.S.C. s. 1693o-1, as amended from time to time, unless
   36  the remittance transfer is an electronic funds transfer as
   37  defined in the Electronic Fund Transfer Act, 15 U.S.C s. 1693a,
   38  as amended from time to time.
   39         (3) If there is an inconsistency between a funds transfer
   40  under this chapter and the Electronic Fund Transfer Act, the
   41  Electronic Fund Transfer Act governs the inconsistency.
   42         Section 2. Section 701.03, Florida Statutes, is amended to
   43  read:
   44         701.03 Cancellation.—When Whenever the amount of money due
   45  under a promissory note secured by on any mortgage is shall be
   46  fully paid, the mortgagee or assignee shall, within 45 60 days
   47  after satisfaction of the mortgage, thereafter cancel the
   48  mortgage same in the manner provided by law. This section does
   49  not apply to any existing or future open-ended mortgage unless
   50  otherwise stated in the loan agreement. If, after fully
   51  satisfying the mortgage, the borrower provides written notice of
   52  his or her intent to close the open-ended mortgage, the
   53  mortgagee or assignee shall cancel the open-ended mortgage
   54  within 45 days after receiving the notice.
   55         Section 3. Paragraph (k) of subsection (1) of section
   56  516.07, Florida Statutes, is amended to read:
   57         516.07 Grounds for denial of license or for disciplinary
   58  action.—
   59         (1) The following acts are violations of this chapter and
   60  constitute grounds for denial of an application for a license to
   61  make consumer finance loans and grounds for any of the
   62  disciplinary actions specified in subsection (2):
   63         (k) Paying money or anything else of value, directly or
   64  indirectly, to any person as compensation, inducement, or reward
   65  for referring loan applicants to a licensee, if such amount is
   66  charged directly or indirectly to the borrower.
   67         Section 4. This act applies to remittance transfers
   68  initiated on or after July 1, 2016.
   69         Section 5. This act shall take effect July 1, 2016.