Florida Senate - 2016                CS for CS for CS for SB 260
       
       
        
       By the Committees on Rules; Judiciary; and Banking and
       Insurance; and Senators Smith and Richter
       
       595-02698-16                                           2016260c3
    1                        A bill to be entitled                      
    2         An act relating to financial transactions; amending s.
    3         501.0117, F.S.; providing that a convenience fee
    4         imposed upon a student or family paying certain fees
    5         by credit card to a private school is not considered a
    6         surcharge; amending s. 516.07, F.S.; revising the
    7         grounds for denial of an application for a license to
    8         make consumer finance loans; amending s. 560.310,
    9         F.S.; revising the documents that must be maintained
   10         or submitted by a licensee engaged in check cashing
   11         under certain circumstances; amending s. 670.108,
   12         F.S.; revising applicability; providing that ch. 670,
   13         F.S., governs certain funds transfers that are
   14         remittance transfers; providing that the federal
   15         Electronic Fund Transfer Act governs any inconsistency
   16         between a funds transfer made under the federal act
   17         and a funds transfer made under ch. 670, F.S.;
   18         amending s. 701.03, F.S.; reducing the time limit for
   19         a mortgagee or an assignee to cancel a mortgage,
   20         except in cases where the loan is an open-end
   21         mortgage; authorizing an open-end mortgage to be
   22         canceled within a specified timeframe if the borrower
   23         provides written notice of his or her intent to close
   24         the open-end mortgage; providing applicability;
   25         amending s. 516.07, F.S.; revising the grounds for
   26         denial of an application for a license to make
   27         consumer finance loans; providing applicability;
   28         providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (1) of section 501.0117, Florida
   33  Statutes, is amended to read:
   34         501.0117 Credit cards; transactions in which seller or
   35  lessor prohibited from imposing surcharge; penalty.—
   36         (1) A seller or lessor in a sales or lease transaction may
   37  not impose a surcharge on the buyer or lessee for electing to
   38  use a credit card in lieu of payment by cash, check, or similar
   39  means, if the seller or lessor accepts payment by credit card. A
   40  surcharge is any additional amount imposed at the time of a sale
   41  or lease transaction by the seller or lessor that increases the
   42  charge to the buyer or lessee for the privilege of using a
   43  credit card to make payment. Charges imposed pursuant to
   44  approved state or federal tariffs are not considered to be a
   45  surcharge, and charges made under such tariffs are exempt from
   46  this section. A convenience fee imposed upon a student or family
   47  paying tuition, fees, or other student account charges by credit
   48  card to a William L. Boyd, IV, Florida resident access grant
   49  eligible institution, as defined in s. 1009.89, or to a private
   50  school, as defined in s. 1002.01, is not considered to be a
   51  surcharge and is exempt from this section if the amount of the
   52  convenience fee does not exceed the total cost charged by the
   53  credit card company to the institution. The term “credit card”
   54  includes those cards for which unpaid balances are payable on
   55  demand. This section does not apply to the offering of a
   56  discount for the purpose of inducing payment by cash, check, or
   57  other means not involving the use of a credit card, if the
   58  discount is offered to all prospective customers.
   59         Section 2. Paragraph (k) of subsection (1) of section
   60  516.07, Florida Statutes, is amended to read:
   61         516.07 Grounds for denial of license or for disciplinary
   62  action.—
   63         (1) The following acts are violations of this chapter and
   64  constitute grounds for denial of an application for a license to
   65  make consumer finance loans and grounds for any of the
   66  disciplinary actions specified in subsection (2):
   67         (k) Paying money or anything else of value, directly or
   68  indirectly, to any person as compensation, inducement, or reward
   69  for referring loan applicants to a licensee, if such amount is
   70  charged directly or indirectly to the borrower.
   71         Section 3. Paragraph (c) of subsection (2) of section
   72  560.310, Florida Statutes, is amended to read:
   73         560.310 Records of check cashers and foreign currency
   74  exchangers.—
   75         (2) If the payment instrument exceeds $1,000, the following
   76  additional information must be maintained or submitted:
   77         (c) A thumbprint of the customer taken by the licensee when
   78  the payment instrument is presented for negotiation or payment
   79  or two additional forms of secondary identification, including
   80  an employee identification card, credit or bank cards, a social
   81  security card, insurance cards, an identification card issued by
   82  an educational institution, a non-U.S. Government identification
   83  card, a U.S. birth certificate, a permanent resident card, or
   84  another other form of identification as authorized by the
   85  commission.
   86         Section 4. Section 670.108, Florida Statutes, is amended to
   87  read:
   88         670.108 Relationship to Electronic Fund Transfer Act
   89  Exclusion of consumer transactions governed by federal law.—
   90         (1)Except as provided in subsection (2), this chapter does
   91  not apply to a funds transfer any part of which is governed by
   92  the Electronic Fund Transfer Act of 1978 (Title XX, Pub. L. No.
   93  95-630, 92 Stat. 3728, 15 U.S.C. ss. 1693 et seq.), as amended
   94  from time to time.
   95         (2)This chapter applies to a funds transfer that is a
   96  remittance transfer as defined in the Electronic Fund Transfer
   97  Act, 15 U.S.C. s. 1693o-1, as amended from time to time, unless
   98  the remittance transfer is an electronic fund transfer as
   99  defined in the Electronic Fund Transfer Act, 15 U.S.C. s. 1693a,
  100  as amended from time to time.
  101         (3)If there is an inconsistency between a funds transfer
  102  under this chapter and the Electronic Fund Transfer Act, the
  103  Electronic Fund Transfer Act governs the inconsistency.
  104         Section 5. Section 701.03, Florida Statutes is amended to
  105  read:
  106         701.03 Cancellation.—
  107         (1) Whenever the amount of money due under a promissory
  108  note secured by a on any mortgage is shall be fully paid, the
  109  mortgagee or assignee shall within 45 60 days after satisfaction
  110  of the mortgage thereafter cancel the mortgage same in the
  111  manner provided by law, unless the mortgage is an open-end
  112  mortgage.
  113         (2)A mortgage that is an open-end mortgage as provided in
  114  the loan agreement may be canceled upon written notice from the
  115  borrower of the intent to close the mortgage. The mortgagee or
  116  assignee shall cancel the open-end mortgage within 45 days after
  117  receiving the notice. This subsection does not apply to an open
  118  end mortgage existing before July 1, 2016, if the loan agreement
  119  contained procedures for canceling the mortgage.
  120         Section 6. This act applies to remittance transfers
  121  initiated on or after July 1, 2016.
  122         Section 7. This act shall take effect July 1, 2016.