Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 874
       
       
       
       
       
       
                                Ì153120^Î153120                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Banking and Insurance (Rouson) recommended the
       following:
       
    1         Senate Substitute for Amendment (402070) (with title
    2  amendment)
    3  
    4         Delete lines 146 - 672
    5  and insert:
    6         (c) Demonstrate financial responsibility, experience,
    7  character, or general fitness, such as to command the confidence
    8  of the public and to warrant the belief that the business
    9  operated at the licensed or proposed location is lawful, honest,
   10  fair, efficient, and within the purposes of this chapter.
   11         (d)Not be subject to the issuance of a cease and desist
   12  order; the issuance of a removal order; the denial, suspension,
   13  or revocation of a license; or any other action within the
   14  authority of the office, any financial regulatory agency in this
   15  state, or any other state or federal regulatory agency that
   16  affects the ability of such person to participate in the
   17  program.
   18         (3)(a)A program applicant must file with the office a
   19  digital application in a form and manner prescribed by
   20  commission rule which contains all of the following information
   21  with respect to the applicant:
   22         1.The legal business name and any other name under which
   23  the applicant operates.
   24         2.The applicant’s main address.
   25         3.The applicant’s telephone number and e-mail address.
   26         4.The address of each program branch office.
   27         5.The name, title, address, telephone number, and e-mail
   28  address of the applicant’s contact person.
   29         6.The license number, if the applicant is licensed under
   30  s. 516.05.
   31         7.A statement as to whether the applicant intends to use
   32  the services of one or more access partners under s. 516.44.
   33         8.A statement that the applicant has been accepted as a
   34  data furnisher by a consumer reporting agency and will report to
   35  a consumer reporting agency the payment performance of each
   36  borrower on all program loans.
   37         9.The signature and certification of an authorized person
   38  of the applicant.
   39         (b)A person who desires to participate in the program but
   40  who is not licensed to make consumer finance loans pursuant to
   41  s. 516.05 must concurrently submit the following digital
   42  applications in a form and manner specified in this chapter to
   43  the office:
   44         1.An application pursuant to s. 516.03 for licensure to
   45  make consumer finance loans.
   46         2.An application for admission to the program in
   47  accordance with paragraph (a).
   48         (4)Except as otherwise provided in ss. 516.405-516.46, a
   49  program licensee is subject to all the laws and rules governing
   50  consumer finance loans under this chapter. A program license
   51  must be renewed biennially.
   52         (5)Notwithstanding s. 516.05(3), only one program license
   53  is required for a person to make program loans under ss.
   54  516.405-516.46, regardless of whether the program licensee
   55  offers program loans to prospective borrowers at its own
   56  physical business locations, through access partners, or via an
   57  electronic access point through which a prospective borrower may
   58  directly access the website of the program licensee.
   59         (6)Each branch office of a program licensee must be
   60  licensed under this section.
   61         (7)The office shall issue a program branch office license
   62  to a program licensee after the office determines that the
   63  program licensee has submitted a completed electronic
   64  application for a program branch office license in a form
   65  prescribed by commission rule. The program branch office license
   66  must be issued in the name of the program licensee that
   67  maintains the branch office. An application is considered
   68  received for purposes of s. 120.60 upon receipt of a completed
   69  application form. The application for a program branch office
   70  license must contain the following information:
   71         (a)The legal business name and any other name under which
   72  the applicant operates.
   73         (b)The applicant’s main address.
   74         (c)The applicant’s telephone number and e-mail address.
   75         (d)The address of each program branch office.
   76         (e)The name, title, address, telephone number, and e-mail
   77  address of the applicant’s contact person.
   78         (f)The applicant’s license number, if the applicant is
   79  licensed under this chapter.
   80         (g)The signature and certification of an authorized person
   81  of the applicant.
   82         (8)Except as provided in subsection (9), a program branch
   83  office license must be renewed biennially at the time of
   84  renewing the program license.
   85         (9)Notwithstanding subsection (7), the office may deny an
   86  initial or renewal application for a program license or program
   87  branch office license if the applicant or any person with power
   88  to direct the management or policies of the applicant’s
   89  business:
   90         (a) Fails to demonstrate financial responsibility,
   91  experience, character, or general fitness, such as to command
   92  the confidence of the public and to warrant the belief that the
   93  business operated at the licensed or proposed location is
   94  lawful, honest, fair, efficient, and within the purposes of this
   95  chapter.
   96         (b) Pled nolo contendere to, or was convicted or found
   97  guilty of, a crime involving fraud, dishonest dealing, or any
   98  act of moral turpitude, regardless of whether adjudication was
   99  withheld.
  100         (c)Is subject to the issuance of a cease and desist order;
  101  the issuance of a removal order; the denial, suspension, or
  102  revocation of a license; or any other action within the
  103  authority of the office, any financial regulatory agency in this
  104  state, or any other state or federal regulatory agency that
  105  affects the applicant’s ability to participate in the program.
  106         (10)The commission shall adopt rules to implement this
  107  section.
  108         Section 4. Section 516.43, Florida Statutes, is created to
  109  read:
  110         516.43Requirements for program loans.—
  111         (1)REQUIREMENTS.—A program licensee shall comply with each
  112  of the following requirements in making program loans:
  113         (a)A program loan must be unsecured.
  114         (b)A program loan must have:
  115         1.A term of at least 120 days, but not more than 36
  116  months, for a loan with a principal balance upon origination of
  117  at least $300, but not more than $3,000.
  118         2.A term of at least 12 months, but not more than 60
  119  months, for a loan with a principal balance upon origination of
  120  more than $3,000.
  121         (c)A program loan must not impose a prepayment penalty. A
  122  program loan must be repayable by the borrower in substantially
  123  equal, periodic installments, except that the final payment may
  124  be less than the amount of the prior installments. Installments
  125  must be due either every 2 weeks, semimonthly, or monthly.
  126         (d)A program loan must include a borrower’s right to
  127  rescind the program loan by notifying the program licensee of
  128  the borrower’s intent to rescind the program loan and returning
  129  the principal advanced by the end of the business day after the
  130  day the program loan is consummated.
  131         (e)Notwithstanding s. 516.031, the maximum annual interest
  132  rate charged on a program loan to the borrower, which must be
  133  fixed for the duration of the program loan, is 36 percent on
  134  that portion of the unpaid principal balance up to and including
  135  $3,000; 30 percent on that portion of the unpaid principal
  136  balance exceeding $3,000 and up to and including $4,000; and 24
  137  percent on that portion of the unpaid principal balance
  138  exceeding $4,000 and up to and including $10,000. The original
  139  principal amount of the program loan is equal to the amount
  140  financed as defined by the federal Truth in Lending Act and
  141  Regulation Z of the Board of Governors of the Federal Reserve
  142  System. In determining compliance with the maximum annual
  143  interest rates in this paragraph, the computations used must be
  144  simple interest through the application of a daily periodic rate
  145  to the actual unpaid principal balance each day and may not be
  146  added-on interest or any other computations.
  147         (f)If two or more interest rates are applied to the
  148  principal amount of a program loan, the program licensee may
  149  charge, contract for, and receive interest at that single annual
  150  percentage rate that, if applied according to the actuarial
  151  method to each of the scheduled periodic balances of principal,
  152  would produce at maturity the same total amount of interest as
  153  would result from the application of the two or more rates
  154  otherwise permitted, based upon the assumption that all payments
  155  are made as agreed.
  156         (g)The program licensee shall reduce the interest rates
  157  specified in paragraph (e) on each subsequent program loan to
  158  the same borrower by a minimum of 1 percent, up to a maximum of
  159  6 percent, if all of the following conditions are met:
  160         1.The subsequent program loan is originated within 180
  161  days after the prior program loan is fully repaid.
  162         2.The borrower was never more than 15 days delinquent on
  163  the prior program loan.
  164         3.The prior program loan was outstanding for at least one
  165  half of its original term before its repayment.
  166         (h)The program licensee may not induce or permit any
  167  person to become obligated to the program licensee, directly or
  168  contingently, or both, under more than one program loan at the
  169  same time with the program licensee.
  170         (i)The program licensee may not refinance a program loan
  171  unless all of the following conditions are met at the time the
  172  borrower submits an application to refinance:
  173         1.The principal amount payable may not include more than
  174  60 days’ unpaid interest accrued on the previous program loan
  175  pursuant to s. 516.031(5).
  176         2.For a program loan with an original term up to and
  177  including 25 months, the borrower has repaid at least 60 percent
  178  of the outstanding principal remaining on his or her existing
  179  program loan.
  180         3.For a program loan with an original term of more than 25
  181  months, but not more than 60 months, the borrower has made
  182  current payments for at least 9 months on his or her existing
  183  program loan.
  184         4.The borrower is current on payments for his or her
  185  existing program loan.
  186         5.The program licensee must underwrite the new program
  187  loan in accordance with subsection (7).
  188         (j)In lieu of the provisions of s. 687.08, the program
  189  licensee or, if applicable, its approved access partner shall
  190  make available to the borrower by electronic or physical means a
  191  plain and complete receipt of payment at the time that a payment
  192  is made by the borrower. For audit purposes, the program
  193  licensee must maintain an electronic record for each receipt
  194  made available to a borrower, which must include a copy of the
  195  receipt and the date and time that the receipt was generated.
  196  Each receipt made available to the borrower must show all of the
  197  following:
  198         1.The name of the borrower.
  199         2.The name of the access partner, if applicable.
  200         3.The total payment amount received.
  201         4.The date of payment.
  202         5.The program loan balance before and after application of
  203  the payment.
  204         6.The amount of the payment that was applied to the
  205  principal, interest, and fees.
  206         7.The type of payment made by the borrower.
  207         8.The following statement, prominently displayed in a type
  208  size equal to or larger than the type size used to display the
  209  other items on the receipt: “If you have any questions about
  210  your loan now or in the future, you should direct those
  211  questions to ...(name of program licensee)... by ...(at least
  212  two different ways in which a borrower may contact the program
  213  licensee)....”
  214         (2)WRITTEN DISCLOSURES AND STATEMENTS.—
  215         (a)Notwithstanding s. 516.15(1), the loan contract and all
  216  written disclosures and statements may be provided by a program
  217  licensee to a borrower in English or in the language in which
  218  the loan is negotiated.
  219         (b)The program licensee shall provide to a borrower all
  220  the statements required of licensees under s. 516.15.
  221         (3)ORIGINATION FEES.—Notwithstanding s. 516.031, a program
  222  licensee may:
  223         (a)Contract for and receive an origination fee from a
  224  borrower on a program loan. The program licensee may either
  225  deduct the origination fee from the principal amount of the loan
  226  disbursed to the borrower or capitalize the origination fee into
  227  the principal balance of the loan. The origination fee is fully
  228  earned and nonrefundable immediately upon the making of the
  229  program loan and may not exceed the lesser of 6 percent of the
  230  principal amount of the program loan made to the borrower,
  231  exclusive of the origination fee, or $90.
  232         (b)Not charge a borrower an origination fee more than
  233  twice in any 12-month period.
  234         (4)INSUFFICIENT FUNDS FEES AND DELINQUENCY CHARGES.—A
  235  program licensee may:
  236         (a)Notwithstanding s. 516.031, require payment from a
  237  borrower of no more than $20 for fees incurred by the program
  238  licensee from a dishonored payment due to insufficient funds of
  239  the borrower.
  240         (b)Notwithstanding s. 516.031(3)(a)9., contract for and
  241  receive a delinquency charge of up to $15 in a calendar month
  242  for one or more payments that are in default for at least 10
  243  days if the charge is agreed upon, in writing, between the
  244  program licensee and the borrower before it is imposed.
  245  
  246  The program licensee, or any wholly owned subsidiary of the
  247  program licensee, may not sell or assign an unpaid debt to an
  248  independent third party for collection purposes unless the debt
  249  has been delinquent for at least 30 days.
  250         (5)CREDIT EDUCATION.—Before disbursement of program loan
  251  proceeds to the borrower, the program licensee must:
  252         (a)Direct the borrower to the consumer credit counseling
  253  services offered by an independent third party; or
  254         (b)Provide a credit education program or seminar to the
  255  borrower. The borrower is not required to participate in such
  256  education program or seminar. A credit education program or
  257  seminar offered pursuant to this paragraph must be provided at
  258  no cost to the borrower.
  259         (6)CREDIT REPORTING.—
  260         (a)The program licensee shall report each borrower’s
  261  payment performance to at least one consumer reporting agency.
  262         (b)The office may not approve an applicant for the program
  263  license before the applicant has been accepted as a data
  264  furnisher by a consumer reporting agency.
  265         (c)The program licensee shall provide each borrower with
  266  the name or names of the consumer reporting agency or agencies
  267  to which it will report the borrower’s payment history.
  268         (7)PROGRAM LOAN UNDERWRITING.—
  269         (a)The program licensee must underwrite each program loan
  270  to determine a borrower’s ability and willingness to repay the
  271  program loan pursuant to the program loan terms. The program
  272  licensee may not make a program loan if it determines that the
  273  borrower’s total monthly debt service payments at the time of
  274  origination, including the program loan for which the borrower
  275  is being considered and all outstanding forms of credit that can
  276  be independently verified by the program licensee, exceed 50
  277  percent of the borrower’s gross monthly income for a loan of not
  278  more than $3,000, or exceed 36 percent of the borrower’s gross
  279  monthly income for a loan of more than $3,000.
  280         (b)1.The program licensee must seek information and
  281  documentation pertaining to all of a borrower’s outstanding debt
  282  obligations during the loan application and underwriting
  283  process, including loans that are self-reported by the borrower
  284  but not available through independent verification. The program
  285  licensee must verify such information using a credit report from
  286  at least one consumer reporting agency or through other
  287  available electronic debt verification services that provide
  288  reliable evidence of a borrower’s outstanding debt obligations.
  289         2.The program licensee is not required to consider loans
  290  made to a borrower by friends or family in determining the
  291  borrower’s debt-to-income ratio.
  292         (c)The program licensee must verify the borrower’s income
  293  to determine the debt-to-income ratio using information from:
  294         1.Electronic means or services that provide reliable
  295  evidence of the borrower’s actual income; or
  296         2.The Internal Revenue Service Form W-2, tax returns,
  297  payroll receipts, bank statements, or other third-party
  298  documents that provide reasonably reliable evidence of the
  299  borrower’s actual income.
  300         (8)WAIVERS.—
  301         (a)A program licensee may not require, as a condition of
  302  providing the program loan, that the borrower:
  303         1.Waive any right, penalty, remedy, forum, or procedure
  304  provided for in any law applicable to the program loan,
  305  including the right to file and pursue a civil action or file a
  306  complaint with or otherwise communicate with the office, a
  307  court, or any other governmental entity.
  308         2.Agree to the application of laws other than those of
  309  this state.
  310         3.Agree to resolve disputes in a jurisdiction outside of
  311  this state.
  312         (b)A waiver that is required as a condition of doing
  313  business with the program licensee is presumed involuntary,
  314  unconscionable, against public policy, and unenforceable.
  315         (c)A program licensee may not refuse to do business with
  316  or discriminate against a borrower or an applicant on the basis
  317  of the borrower’s or applicant’s refusal to waive any right,
  318  penalty, remedy, forum, or procedure, including the right to
  319  file and pursue a civil action or complaint with, or otherwise
  320  communicate with, the office, a court, or any other governmental
  321  entity. The exercise of a person’s right to refuse to waive any
  322  right, penalty, remedy, forum, or procedure, including a
  323  rejection of a contract requiring a waiver, does not affect any
  324  otherwise legal terms of a contract or an agreement.
  325         (d)This subsection does not apply to any agreement to
  326  waive any right, penalty, remedy, forum, or procedure, including
  327  any agreement to arbitrate a claim or dispute after a claim or
  328  dispute has arisen. This subsection does not affect the
  329  enforceability or validity of any other provision of the
  330  contract.
  331         Section 5. Section 516.44, Florida Statutes, is created to
  332  read:
  333         516.44Access partners.—
  334         (1)ACCESS PARTNER AGREEMENT.—All arrangements between a
  335  program licensee and an access partner must be specified in a
  336  written access partner agreement between the parties. The
  337  agreement must contain the following provisions:
  338         (a)The access partner agrees to comply with this section
  339  and all rules adopted under this section regarding the
  340  activities of access partners.
  341         (b)The office has access to the access partner’s books and
  342  records pertaining to the access partner’s operations under the
  343  agreement with the program licensee in accordance with s.
  344  516.45(3) and may examine the access partner pursuant to s.
  345  516.45.
  346         (2)AUTHORIZED SERVICES.—A program licensee may use the
  347  services of one or more access partners as provided in this
  348  section. An access partner may perform one or more of the
  349  following services for the program licensee:
  350         (a)Distributing, circulating, using, or publishing printed
  351  brochures, flyers, fact sheets, or other written materials
  352  relating to program loans that the program licensee may make or
  353  negotiate. The written materials must be reviewed and approved
  354  in writing by the program licensee before being distributed,
  355  circulated, used, or published.
  356         (b)Providing written factual information about program
  357  loan terms, conditions, or qualification requirements to a
  358  prospective borrower which has been prepared by the program
  359  licensee or reviewed and approved in writing by the program
  360  licensee. An access partner may discuss the information with a
  361  prospective borrower in general terms.
  362         (c)Notifying a prospective borrower of the information
  363  needed in order to complete a program loan application.
  364         (d)Entering information provided by the prospective
  365  borrower on a preprinted or an electronic application form or in
  366  a preformatted computer database.
  367         (e)Assembling credit applications and other materials
  368  obtained in the course of a credit application transaction for
  369  submission to the program licensee.
  370         (f)Contacting the program licensee to determine the status
  371  of a program loan application.
  372         (g)Communicating a response that is returned by the
  373  program licensee’s automated underwriting system to a borrower
  374  or a prospective borrower.
  375         (h)Obtaining a borrower’s signature on documents prepared
  376  by the program licensee and delivering final copies of the
  377  documents to the borrower.
  378         (i)Disbursing program loan proceeds to a borrower if this
  379  method of disbursement is acceptable to the borrower, subject to
  380  the requirements of subsection (3). A loan disbursement made by
  381  an access partner under this paragraph is deemed to be made by
  382  the program licensee on the date that the funds are disbursed or
  383  otherwise made available by the access partner to the borrower.
  384         (j)Receiving a program loan payment from the borrower if
  385  this method of payment is acceptable to the borrower, subject to
  386  the requirements of subsection (3).
  387         (k)Operating an electronic access point through which a
  388  prospective borrower may directly access the website of the
  389  program licensee to apply for a program loan.
  390         (3)RECEIPT OR DISBURSEMENT OF PROGRAM LOAN PAYMENTS.—
  391         (a)A loan payment made by a borrower to an access partner
  392  under paragraph (2)(j) must be applied to the borrower’s program
  393  loan and deemed received by the program licensee as of the date
  394  on which the payment is received by the access partner.
  395         (b)An access partner that receives a loan payment from a
  396  borrower must deliver or cause to be delivered to the borrower a
  397  plain and complete receipt showing all of the information
  398  specified in s. 516.43(1)(j) at the time that the payment is
  399  made by the borrower.
  400         (c)A borrower who submits a loan payment to an access
  401  partner under this subsection is not liable for a failure or
  402  delay by the access partner in transmitting the payment to the
  403  program licensee.
  404         (d)An access partner that disburses or receives loan
  405  payments pursuant to paragraph (2)(i) or paragraph (2)(j) must
  406  maintain records of all disbursements made and loan payments
  407  received for at least 2 years.
  408         (4)PROHIBITED ACTIVITIES.—An access partner may not:
  409         (a)Provide counseling or advice to a borrower or
  410  prospective borrower with respect to any loan term.
  411         (b)Provide loan-related marketing material that has not
  412  previously been approved by the program licensee to a borrower
  413  or a prospective borrower.
  414         (c)Negotiate a loan term between a program licensee and a
  415  prospective borrower.
  416         (d)Offer information pertaining to a single prospective
  417  borrower to more than one program licensee. However, if a
  418  program licensee has declined to offer a program loan to a
  419  prospective borrower and has so notified the prospective
  420  borrower in writing, the access partner may then offer
  421  information pertaining to that borrower to another program
  422  licensee with whom it has an access partner agreement.
  423         (e)Require a borrower to pay any fees or charges to the
  424  access partner or to any other person in connection with a
  425  program loan other than those permitted under ss. 516.405
  426  516.46.
  427         (5)DISCLOSURE STATEMENTS.—
  428         (a)At the time that the access partner receives or
  429  processes an application for a program loan, the access partner
  430  shall provide the following statement to the applicant on behalf
  431  of the program licensee, in at least 10-point type, and shall
  432  request that the applicant acknowledge receipt of the statement
  433  in writing:
  434  
  435         Your loan application has been referred to us by
  436         ...(name of access partner).... We may pay a fee to
  437         ...(name of access partner)... for the successful
  438         referral of your loan application. If you are approved
  439         for the loan, ...(name of program licensee)... will
  440         become your lender. If you have any questions about
  441         your loan, now or in the future, you should direct
  442         those questions to ...(name of program licensee)... by
  443         ...(insert at least two different ways in which a
  444         borrower may contact the program licensee).... If you
  445         wish to report a complaint about ...(name of access
  446         partner)... or ...(name of program licensee)...
  447         regarding this loan transaction, you may contact the
  448         Division of Consumer Finance of the Office of
  449         Financial Regulation at 850-487-9687 or
  450         http://www.flofr.com.
  451  
  452         (b)If the loan applicant has questions about the program
  453  loan which the access partner is not permitted to answer, the
  454  access partner must make a good faith effort to assist the
  455  applicant in making direct contact with the program licensee
  456  before the program loan is consummated.
  457         (6)COMPENSATION.—
  458         (a)The program licensee may compensate an access partner
  459  in accordance with a written agreement and a compensation
  460  schedule that is agreed to by the program licensee and the
  461  access partner, subject to the requirements in paragraph (b).
  462         (b)The compensation of an access partner by a program
  463  licensee is subject to the following requirements:
  464         1.Compensation may not be paid to an access partner in
  465  connection with a loan application unless the program loan is
  466  consummated.
  467         2.The access partner’s location for services and other
  468  information required in subsection (7) must be reported to the
  469  office.
  470         (7)NOTICE TO OFFICE.—A program licensee that uses the
  471  service of an access partner must notify the office, in a form
  472  and manner prescribed by commission rule, within 15 days after
  473  entering into a contract with an access partner regarding all of
  474  the following:
  475         (a)The name, business address, and licensing details of
  476  the access partner and all locations at which the access partner
  477  will perform services under this section.
  478         (b)The name and contact information for an employee of the
  479  access partner who is knowledgeable about, and has the authority
  480  to execute, the access partner agreement.
  481         (c)The name and contact information of one or more
  482  employees of the access partner who are responsible for that
  483  access partner’s referring activities on behalf of the program
  484  licensee.
  485         (d)A statement by the program licensee that it has
  486  conducted due diligence with respect to the access partner and
  487  has confirmed that none of the following apply:
  488         1.The filing of a petition under the United States
  489  Bankruptcy Code for bankruptcy or reorganization by the access
  490  partner.
  491         2.The commencement of an administrative or a judicial
  492  license suspension or revocation proceeding, or the denial of a
  493  license request or renewal, by any state, the District of
  494  Columbia, any United States territory, or any foreign country in
  495  which the access partner operates, plans to operate, or is
  496  licensed to operate.
  497         3.A felony indictment involving the access partner or an
  498  affiliated party.
  499         4.The felony conviction, guilty plea, or plea of nolo
  500  contendere, regardless of adjudication, of the access partner or
  501  an affiliated party.
  502         5.Any suspected criminal act perpetrated in this state
  503  relating to activities regulated under this chapter by the
  504  access partner.
  505         6.Notification by a law enforcement or prosecutorial
  506  agency that the access partner is under criminal investigation,
  507  including, but not limited to, subpoenas to produce records or
  508  testimony and warrants issued by a court of competent
  509  jurisdiction which authorize the search and seizure of any
  510  records relating to a business activity regulated under this
  511  chapter.
  512  
  513  As used in this paragraph, the term “affiliated party” means a
  514  director, officer, responsible person, employee, or foreign
  515  affiliate of an access partner; or a person who has a
  516  controlling interest in an access partner.
  517         (e)Any other information requested by the office, subject
  518  to the limitations specified in s. 516.45(3).
  519         (8)NOTICE OF CHANGES.—An access partner must provide the
  520  program licensee with a written notice sent by registered mail
  521  within 30 days after any change is made to the information
  522  specified in paragraphs (7)(a)-(c) and within 30 days after the
  523  occurrence or knowledge of any of the events specified in
  524  paragraph (7)(d).
  525         (9)RESPONSIBILITY FOR ACTS OF AN ACCESS PARTNER.—A program
  526  licensee is responsible for any act of its access partner if
  527  such act is a violation of this chapter.
  528         (10)RULEMAKING.—The commission shall adopt rules to
  529  implement this section.
  530         Section 6. Section 516.45, Florida Statutes, is created to
  531  read:
  532         516.45Examinations, investigations, and grounds for
  533  disciplinary action.—
  534         (1)Notwithstanding any other law, the office may examine
  535  each program licensee that is accepted into the program and each
  536  branch office of the program licensee in accordance with this
  537  chapter.
  538         (2)Notwithstanding any other law, the office may examine
  539  each access partner that is accepted into the program in
  540  accordance with this chapter.
  541  
  542  ================= T I T L E  A M E N D M E N T ================
  543  And the title is amended as follows:
  544         Delete lines 53 - 55
  545  and insert:
  546         creating s. 516.45, F.S.; authorizing the office to
  547         examine each program licensee, branch office, and
  548         access partner;