CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 1                                 .
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Sublette offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Short title.--This act may be cited as the

18  "Florida Title Loan Act."

19         Section 2.  Legislative intent.--It is the intent of

20  the Legislature that title loans shall be regulated by the

21  provisions of this act. The provisions of this act shall

22  supersede any other provisions of law affecting title loans to

23  the extent of any conflict.

24         Section 3.  Definitions.--As used in this act, unless

25  the context otherwise requires:

26         (1)  "Department" means the Department of Banking and

27  Finance.

28         (2)  "Commercially reasonable" means a sale or disposal

29  which occurs and can be construed as an arms' length

30  transaction. Nonpublic sales or disposal of personal property

31  between licensees and business affiliates or family members

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  are sales and disposal that are presumed not to be in a

 2  commercially reasonable fashion.

 3         (3)  "Executive officer" means the president, chief

 4  executive officer, chief financial officer, chief operating

 5  officer, executive vice president, senior vice president,

 6  secretary, and treasurer.

 7         (4)  "Identification" means a government issued

 8  photographic identification.

 9         (5)  "Interest" means the cost of obtaining a title

10  loan and includes any profit or advantage of any kind

11  whatsoever that a title loan lender may charge, contract for,

12  collect, receive, or in any way obtain, including, by means of

13  any collateral sale, purchase, or agreement, as a condition of

14  the title loan.

15         (6)  "Licensee" means a person who is licensed pursuant

16  to the provisions of this act.

17         (7)  "License" means a permit issued under this chapter

18  to make and collect title loans in accordance with this

19  chapter at a single place of business.

20         (8)  "Loan property" means any motor vehicle

21  certificate of title that is deposited with a title loan

22  lender in the course of the title loan lender's business and

23  is the subject of a title loan agreement.

24         (9)  "Motor vehicle" means an automobile, motorcycle,

25  truck, trailer, semi-trailer, truck tractor and semitrailer

26  combination, or any other vehicle operated on the public

27  highways and streets of this state, used to transport persons

28  or property, and propelled by power other than muscular power,

29  but excluding vehicles which run only upon a track.

30         (10)  "Title loan" means a loan of money secured by

31  bailment of a certificate of title to a motor vehicle.

                                  2

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (11)  "Title loan agreement" means a written agreement

 2  whereby a title loan lender agrees to make a loan of a

 3  specific sum of money to a pledgor, and the pledgor agrees to

 4  give the title loan lender a security interest in an

 5  unencumbered motor vehicle certificate of title owned by the

 6  pledgor. The term does not include an agreement made under a

 7  "retail installment transaction" as defined in s. 520.02,

 8  Florida Statutes.

 9         (12)  "Title loan lender" means any person who is

10  engaged in the business of making title loans or engaging in

11  title loan agreements with pledgors. The term does not include

12  a "financial institution" as defined in s. 655.005, Florida

13  Statutes.

14         (13)  "Title loan office" means the location at which,

15  or premises from which, a title loan lender regularly conducts

16  business.

17         (14)  "Title loan transaction" means any title loan of

18  a motor vehicle from lender to borrower for money. The term

19  does not include a "retail installment transaction" as defined

20  in s. 520.02, Florida Statutes.

21         (15)  "Title loan transaction form" means the

22  instrument on which a title loan lender records title loan

23  agreements.

24         (16)  "Titled personal property" means a motor vehicle

25  that has as evidence of ownership a state-issued certificate

26  of title except for a mobile home that is the primary

27  residence of the pledgor.

28         (17)  "Ultimate equitable owner" means a natural person

29  who, directly or indirectly, owns or controls an ownership

30  interest in a corporation, a foreign corporation, an alien

31  business organization, or any other form of business

                                  3

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  organization, regardless of whether such natural person owns

 2  or controls such ownership interest through one or more

 3  natural persons or one or more proxies, powers of attorney,

 4  nominees, corporations, associations, partnerships, trusts,

 5  joint stock companies, or other entities or devices, or any

 6  combination thereof.

 7         Section 4.  License required; license fees.--

 8         (1)  A person may not engage in business as a title

 9  loan lender unless the person has a valid license issued by

10  the department authorizing the engagement in the business. A

11  separate license is required for each physical location of a

12  title loan office. The department shall issue more than one

13  license to a person who complies with the requirements of this

14  act for each license.

15         (2)  An application for a license pursuant to this act

16  shall be submitted to the department on such forms as the

17  department prescribes by rule. If the department determines

18  that an application should be granted, the department shall

19  issue the license for a period not to exceed 2 years. A

20  nonrefundable license fee not to exceed $500 and a

21  nonrefundable investigation fee of $200 shall accompany an

22  initial application for each title loan location. The revenue

23  from such fees is intended to reasonably reflect the actual

24  cost of regulation.

25         (3)  A license shall be renewed biannually and shall be

26  accompanied by a nonrefundable fee not to exceed $500. A

27  license that is not renewed by its expiration date shall

28  automatically expire and revert to inactive status. Such

29  inactive license may be reactivated within 3 months after the

30  expiration date upon submission of a completed reactivation

31  form and payment of a reactivation fee of $250. A license that

                                  4

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  is not reactivated within 3 months after becoming inactive may

 2  not be reactivated.

 3         (4)  Each license must specify the location for which

 4  the license is issued and must be conspicuously displayed at

 5  that location. When a licensee wishes to move a title loan

 6  office to another location, the licensee shall give 30 days'

 7  prior written notice to the department by certified or

 8  registered mail, return receipt requested, and the department

 9  shall then amend the license accordingly. A license issued

10  pursuant to this act is not transferable or assignable.

11         (5)  The department may deny an initial application for

12  a license if the applicant or any person with power to direct

13  the management or policies of the applicant is the subject of

14  a pending criminal prosecution or governmental civil

15  enforcement action, in any jurisdiction, until conclusion of

16  such criminal prosecution or enforcement action.

17         (6)  Each licensee shall designate and maintain an

18  agent in this state for service of process.

19         (7)  A person shall apply to the department for a new

20  license upon the change of any person owning 25 percent or

21  greater interest in any title loan office and shall pay the

22  nonrefundable license and investigation fees.

23         (8)  All moneys collected by the department under this

24  act shall be deposited into the Regulatory Trust Fund of the

25  Department of Banking and Finance for the sole purpose of

26  implementing this act.

27         Section 5.  Eligibility for license.--

28         (1)  To be eligible for a title loan lending license,

29  an applicant must:

30         (a)  Be of good moral character.

31         (b)  File with the department a bond, in the amount of

                                  5

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  $100,000 for each license, with a surety company qualified to

 2  do business in this state. In lieu of the bond, the applicant

 3  may establish a certificate of deposit or an irrevocable

 4  letter of credit in a financial institution, as defined in s.

 5  655.005, in the amount of the bond. The original bond,

 6  certificate of deposit, or letter of credit shall be filed

 7  with the department, and the department shall be the

 8  beneficiary to that document. The bond, certificate of

 9  deposit, or letter of credit shall be in favor of the

10  department for the use and benefit of any consumer who is

11  injured pursuant to a title loan transaction by the fraud,

12  misrepresentation, breach of contract, financial failure, or

13  violation of any provision of this act by the title loan

14  lender. Such liability may be enforced either by proceeding in

15  an administrative action or by filing a judicial suit at law

16  in a court of competent jurisdiction. However, in such court

17  suit, the bond, certificate of deposit, or letter of credit

18  posted with the department shall not be amenable or subject to

19  any judgment or other legal process issuing out of or from

20  such court in connection with such lawsuit, but such bond,

21  certificate of deposit, or letter of credit shall be amenable

22  to and enforceable only by and through administrative

23  proceedings before the department. It is the intent of the

24  Legislature that such bond, certificate of deposit, or letter

25  of credit shall be applicable and liable only for the payment

26  of claims duly adjudicated by order of the department. The

27  bond, certificate of deposit, or letter of credit shall be

28  payable on a pro-rata basis as determined by the department,

29  but the aggregate amount may not exceed the amount of the

30  bond, certificate of deposit, or letter of credit.

31         (c)  Not have been convicted of a felony within the

                                  6

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  last 10 years or be acting as an ultimate equitable owner for

 2  someone who has been convicted of a felony within the last 10

 3  years.

 4         (d)  Not have been convicted, and not be acting as an

 5  ultimate equitable owner for someone who has been convicted,

 6  of a crime that the department finds directly relates to the

 7  duties and responsibilities of a title loan lender within the

 8  last 10 years.

 9         (2)  If an applicant for a title loan lending license

10  is other than a corporation, the eligibility requirements of

11  this section apply to each direct or ultimate equitable owner.

12         (3)  If an applicant for a title loan lending license

13  is a corporation, the eligibility requirements of this section

14  apply to each direct or ultimate equitable owner of a least 25

15  percent of the outstanding equity interest of such corporation

16  and to each director and executive officer.

17         Section 6.  Application for license.--

18         (1)  Application for a license to make title loans

19  under this act shall be in writing, under oath, and in the

20  form prescribed by department rule, and shall:

21         (a)  Contain the name and the residence and business

22  addresses of the applicant and, if the applicant is a

23  partnership or association, of every member of such

24  partnership or association and, if a corporation, of each

25  executive officer and director and ultimate equitable owner of

26  at least 25 percent of such corporation.

27         (b)  State whether any of the above has, within the

28  last 10 years, been arrested for or convicted of, or is under

29  indictment or information for, a felony or crime that directly

30  relates to the duties and responsibilities of a title loan

31  lender and, if so, the nature of such felony or crime.

                                  7

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (c)  Identify the county and municipality with the

 2  street and number or location where the business is to be

 3  conducted.

 4         (d)  Contain such further relevant information as the

 5  department requires pursuant to rule.

 6

 7  At the time of making such application the applicant shall pay

 8  to the department a nonrefundable license fee not to exceed

 9  $500. Applications, except for applications to renew or

10  reactivate a license, must be accompanied by a nonrefundable

11  investigation fee of $200.

12         (2)  Notwithstanding subsection (1), the application

13  need not state the full name and address of each officer,

14  director, and shareholder if the applicant is owned directly

15  or beneficially by a person who as an issuer has a class of

16  securities registered pursuant to section 12 of the Securities

17  Exchange Act of 1934 or, pursuant to section 15(d) of such

18  act, is an issuer of securities which is required to file

19  reports with the Securities and Exchange Commission, if the

20  person files with the department any information, documents,

21  and reports required by such act to be filed with the

22  Securities and Exchange Commission.

23         (3)  Upon the filing of an application for a license

24  and payment of all applicable fees, unless the application is

25  to renew or reactivate an existing license, the department

26  shall investigate the facts concerning the applicant's

27  proposed activities. The department shall investigate the

28  facts, and shall approve an application and issue to the

29  applicant a license that will evidence the authority to do

30  business under the provisions of this act if the department

31  finds that the eligibility requirements for the license are

                                  8

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  satisfied. The license must be prominently displayed at the

 2  front desk or counter at the title loan office.

 3         (4)  A license that is not renewed by its expiration

 4  date shall automatically revert to inactive status. An

 5  inactive license may be reactivated upon submission of a

 6  completed reactivation application, payment of the biannual

 7  license fee, and payment of a reactivation fee of $250. A

 8  license expires on the date on which it has been inactive for

 9  3 months.

10         (5)  A licensee may not change the place of business

11  maintained under a license without prior notice to the

12  department. When a licensee wishes to change a place of

13  business, the licensee shall give written notice of such

14  change to the department.

15         (6)  A licensee may not conduct the business of making

16  loans under this act within a place of business in which other

17  business is solicited or engaged in, unless the department

18  finds that the conduct of such other business by the licensee

19  does not result in either the evasion of this act or the

20  combining of such other business activities does not result in

21  practices that are detrimental, misleading, or unfair to

22  consumers. Upon such a finding, the department may authorize

23  the combining of such other business activities. However, no

24  license shall be granted to or renewed for any person or

25  organization engaged in the pawnbroking business.

26         (7)  Licenses are not transferable or assignable. A

27  licensee may invalidate any license by delivering the license

28  to the department with written notice of its surrender by

29  certified or registered mail, return receipt requested, but

30  such delivery does not affect any civil or criminal liability

31  or the authority to enforce this act for acts committed in

                                  9

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  violation thereof.

 2         Section 7.  Suspension, revocation of license.--

 3         (1)  The following acts are violations of this act and

 4  constitute grounds for the disciplinary actions specified in

 5  subsection (2):

 6         (a)  Failure to comply with any provision of this act,

 7  any rule or order adopted pursuant to this act, or any written

 8  agreement entered into with the department.

 9         (b)  Fraud, misrepresentation, deceit, or gross

10  negligence in any title loan transaction, regardless of

11  reliance by or damage to the pledgor.

12         (c)  Fraudulent misrepresentation, circumvention, or

13  concealment of any matter required to be stated or furnished

14  to a pledgor pursuant to this act, regardless of reliance by

15  or damage to the pledgor.

16         (d)  Willful imposition of illegal or excessive charges

17  in any title loan transaction.

18         (e)  False, deceptive, or misleading advertising by a

19  title loan lender.

20         (f)  Failure to maintain, preserve, and keep available

21  for examination, all books, accounts, or other documents

22  required by this act, by any rule or order adopted pursuant to

23  this act, or by any agreement entered into with the

24  department.

25         (g)  The title loan lender has aided, abetted, or

26  conspired with an individual or person to circumvent or

27  violate any of the requirements of this act.

28         (h)  Refusal to permit inspection of books and records

29  in an investigation or examination by the department or

30  refusal to comply with a subpoena issued by the department.

31         (i)  Criminal conduct in the course of a person's

                                  10

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  business as a title loan lender.

 2         (2)  Upon a finding by the department that any person

 3  has committed any of the acts set forth in subsection (1), the

 4  department may enter an order taking any of the following

 5  actions:

 6         (a)  Issuing a notice of noncompliance pursuant to s.

 7  120.695, Florida Statutes;

 8         (b)  Denying an application for a license pursuant to

 9  this act;

10         (c)  Revoking or suspending a license previously

11  granted pursuant to this act;

12         (d)  Placing a licensee or an applicant for a license

13  on probation for a period of time and subject to such

14  conditions as the department specifies;

15         (e)  Placing permanent restrictions or conditions upon

16  issuance or maintenance of a license pursuant to this act;

17         (f)  Issuing a reprimand; or

18         (g)  Imposing an administrative fine not to exceed

19  $5,000 for each such act or violation.

20         (3)  In addition to the acts specified in subsection

21  (1), the following shall be grounds for denial of a license

22  pursuant to this act, or for revocation, suspension, or

23  restriction of a license previously granted:

24         (a)  A material misstatement of fact in an initial or

25  renewal application for a license.

26         (b)  Having a license, registration, or the equivalent,

27  to practice any profession or occupation denied, suspended,

28  revoked, or otherwise acted against by a licensing authority

29  in any jurisdiction for fraud, dishonest dealing, or any act

30  of moral turpitude.

31         (c)  Having been convicted or found guilty of a crime

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  involving fraud, dishonest dealing, or any act of moral

 2  turpitude.

 3         (d)  Being insolvent or having demonstrated a lack of

 4  honesty or financial responsibility.

 5         (e)  A fact or condition exists which, if it had

 6  existed or had been known to exist at the time of the original

 7  issuance of the license, would have justified the department

 8  in refusing a license.

 9         (4)  It is sufficient cause for the department to take

10  any of the actions specified in subsection (2), as to any

11  partnership, corporation, or association, if the department

12  finds grounds for such action as to any member of the

13  partnership, as to any executive officer or director of the

14  corporation or association, or as to any person with power to

15  direct the management or policies of the partnership,

16  corporation, or association.

17         (5)  Each licensee licensed pursuant to this act is

18  responsible for the acts of employees and agents of the

19  licensee if the licensee knew or should have known about such

20  acts and the licensee retained the profits, benefits, or

21  advantages accruing from such acts or ratified the conduct of

22  the employee or agent as a matter of law or fact.

23         (6)  The manner of giving notice and conducting a

24  hearing is governed by chapter 120, Florida Statutes.

25         (7)  Any title loan agreement made without benefit of a

26  license is voidable, in which case the person forfeits the

27  right to collect any moneys, including principal and finance

28  charges, from the pledgor in connection with such agreement,

29  and shall return to the pledgor the loan property in

30  connection with such agreement or the fair market value of

31  such property and all principal and interest made by the

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  pledgor.

 2         Section 8.  Title loan transaction form.--

 3         (1)  At the time a title loan lender enters into each

 4  title loan agreement, the title loan lender shall complete a

 5  title loan transaction form for such transaction, and the

 6  pledgor shall sign such completed form. The department shall

 7  approve the design and format of the title loan transaction

 8  form, which shall elicit the information required under this

 9  section. In completing the title loan transaction form, the

10  title loan lender shall record the following information,

11  which shall be typed or written indelibly and legibly in

12  English.

13         (a)  The make, model, and year of the titled personal

14  property to which the loan property relates.

15         (b)  The vehicle identification number, or other

16  comparable identification number, along with the license plate

17  number, if applicable, of the titled personal property to

18  which the loan property relates.

19         (c)  The name, address, date of birth, physical

20  description, and social security number of the pledgor.

21         (d)  The date of the transaction.

22         (e)  The identification number and the type of

23  identification, including the issuing agency, accepted from

24  the pledgor.

25         (f)  The amount of money advanced, which shall be

26  designated as the "amount financed."

27         (g)  The maturity date of the title loan agreement,

28  which shall be 30 days after the date of the transaction.

29         (h)  The total title loan charge payable on the

30  maturity date, designated as the "finance charge."

31         (i)  The total amount, amount financed plus finance

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  charge, which must be paid to redeem the loan property on the

 2  maturity date, designated as the "total amount of all

 3  payments."

 4         (j)  The annual percentage rate, computed in accordance

 5  with the regulations adopted by the Federal Reserve Board

 6  pursuant to the Federal Truth-in-Lending Act.

 7         (2)  The following information shall also be printed on

 8  all title loan transaction forms:

 9         (a)  The name and address of the title loan office.

10         (b)  The name and address of the department as well as

11  a telephone number to which consumers may address complaints.

12         (c)  The following statement in not less than 12-point

13  type that:

14         1.  The pledgor is not obligated to redeem the subject

15  certificate of title.

16         2.  If the pledgor does not redeem the certificate of

17  title before the maturity date of the title loan agreement,

18  the title loan lender may repossess the titled personal

19  property to which the certificate of title relates.

20         3.  If the title loan transaction form is lost,

21  destroyed, or stolen, the pledgor should immediately so advise

22  the issuing title loan lender in writing.

23         (d)  The statement that "The pledgor represents and

24  warrants that the titled personal property to which the loan

25  property relates is not stolen and has no liens or

26  encumbrances against it, the pledgor has the right to enter

27  into this transaction, and the pledgor will not apply for a

28  duplicate certificate of title while the title loan agreement

29  is in effect."

30         (e)  Immediately above the signature of the pledgor,

31  the statement that "I, the pledgor declare under penalty of

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  perjury that I have read the foregoing document and that, to

 2  the best of my knowledge and belief, the facts contained in it

 3  are true and correct."

 4         (f)  A blank line for the signature of the pledgor.

 5         (3)  At the time of the transaction, the title loan

 6  lender shall deliver to the pledgor an exact copy of the

 7  completed title loan transaction form.

 8         (4)  The pledgor shall agree for the title loan lender

 9  to keep possession of the certificate of title. The pledgor

10  shall have the exclusive right to redeem the certificate of

11  title by repaying the loan of money in full and by complying

12  with the title loan agreement. When the certificate of title

13  is redeemed, the title loan lender shall release the security

14  interest in the titled personal property and return the

15  personal property certificate of title to the  pledgor. The

16  title loan agreement shall provide that upon failure by the

17  pledgor to redeem the certificate of title at the end of the

18  original 30-day-agreement period, or at the end of any 30-day

19  extension of such period, the title loan lender shall be

20  allowed to take possession of the titled personal property.

21  The title loan lender shall retain physical possession of the

22  certificate of title for the entire term of the title loan

23  agreement, but shall not be required to retain physical

24  possession of the titled personal property at any time. A

25  title loan lender may only hold unencumbered certificates of

26  title for loan.

27         Section 9.  Recordkeeping; reporting; safekeeping of

28  property.--

29         (1)  Every title loan lender shall maintain, at the

30  principal place of business, such books, accounts, and records

31  of the business conducted under the license issued for such

                                  15

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  place of business as will enable the department to determine

 2  the licensee's compliance with this act. The licensee shall

 3  make all such books, accounts, and records of business

 4  conducted under the license available at a convenient location

 5  in this state upon request of the department.

 6         (2)  The department may authorize the maintenance of

 7  books, accounts, and records at a location other than a

 8  principal place of business. The department may require books,

 9  accounts, and records to be produced and available at a

10  reasonable and convenient location in this state within a

11  reasonable period of time after such a request.

12         (3)  The title loan lender shall maintain the original

13  copy of each completed title loan transaction form on the

14  title loan office premises, and shall not obliterate, discard,

15  or destroy any such original copy, for a period of at least 2

16  years after making the final entry on any loan recorded in

17  such office.

18         (4)  All loan property, or property related to the

19  title loan transaction, which is delivered to a title loan

20  lender shall be securely stored and maintained at the title

21  loan office unless the title document has been forwarded to

22  the appropriate state agency for the purpose of having a lien

23  recorded or deleted.

24         (5)  The department may prescribe the minimum

25  information to be shown in the books, accounts, and records of

26  licensees so that such records will enable the department to

27  determine compliance with the provisions of this act.

28         Section 10.  Title loan charges.--

29         (1)(a)  A title loan lender may charge a maximum

30  interest rate of 18 percent per 30-day period. An extension of

31  the initial 30-day period must be executed in writing and must

                                  16

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  clearly specify the new maturity date, the interest rate

 2  computed for the extension, the amount of interest paid for

 3  the extension, and the amount of interest owed on the new

 4  maturity date, and a copy must be given to the pledgor. The

 5  daily interest rate charged for the extension must be equal to

 6  the interest rate for the original 30-day period divided by 30

 7  days, one-thirtieth of the original interest rate. A title

 8  loan lender may not capitalize any unpaid interest as part of

 9  the amount financed in a subsequent title loan transaction.

10         (b)  If the title loan agreement is not satisfied

11  within 120 days after its inception, the title loan lender may

12  charge a maximum interest rate on the outstanding principal

13  balance not to exceed 1 percent per 30-day period for the

14  period that the loan remains outstanding, not to exceed 240

15  days, after the initial 120-day period. However, the title

16  loan lender may collect the maximum interest rate in paragraph

17  (a) for the first 120 days that the title loan agreement is in

18  effect.

19         (c)  If the title loan agreement is not satisfied

20  within 360 days after its inception, the title loan lender may

21  charge a maximum interest rate on the outstanding principal

22  balance not to exceed 18 percent per annum for the period that

23  the loan remains outstanding beyond 360 days.

24         (d)  The original principal amount is the same amount

25  as the amount Truth in Lending Act and Regulation Z of the

26  Board of Governors of the Federal Reserve System. In

27  determining compliance with the statutory maximum interest and

28  finance charges, the computations must be simple interest and

29  not add-on interest or any other computations. When two or

30  more interest rates are to be applied to the principal amount,

31  the lender may charge interest at that single annual

                                  17

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  percentage rate which, if applied according to the actuarial

 2  method to each of the scheduled periodic balances of

 3  principal, would produce at maturity the same total amount of

 4  interest as would result from the application of the two or

 5  more rates otherwise permitted, based upon the assumption that

 6  all payments are made as agreed.

 7         (2)  The annual percentage rate that may be charged in

 8  a title loan transaction may equal, but not exceed, the annual

 9  percentage rate that must be computed and disclosed as

10  required by the federal Truth in Lending Act and Regulation Z

11  of the Board of Governors of the Federal Reserve System. The

12  maximum annual percentage rate of finance charge that may be

13  charged is 12 times the maximum monthly rate, and the maximum

14  monthly rate must be computed on the basis of one-twelfth of

15  the annual rate for each full month. The Department of Banking

16  and Finance shall establish the rate for each day in a

17  fraction of a month when the period for which the charge is

18  computed is more or less than 1 month.

19         (3)  Any charges, including interest, in excess of the

20  combined total of all charges permitted by this act constitute

21  a violation of chapter 687, Florida Statutes, governing

22  interest and usury, and the penalties of that chapter apply.

23  If a bona fide error occurs, the lender must refund or credit

24  the borrower with the amount of the overcharge within 20 days

25  after the discovery of such error.

26         (4)  Any finance charge contracted for or received,

27  directly or indirectly, in excess of the amounts authorized

28  under this section are prohibited, may not be collected, and

29  render the title loan agreement voidable, in which case the

30  title loan lender shall forfeit the right to collect any

31  interest or finance charges. Upon the pledgor's written

                                  18

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  request delivered to the title loan lender by certified mail,

 2  return receipt requested, within 30 days after the maturity

 3  date, the title loan lender shall be obligated to return to

 4  the pledgor the loan property delivered to the title loan

 5  lender in connection with the title loan agreement upon

 6  payment of the balance of the principal remaining due,

 7  provided that there shall be no penalty for a violation

 8  resulting from an accidental and bona fide error that is

 9  corrected upon discovery. Any action to circumvent the

10  limitation on title loan interest or any other amounts

11  collectible under this act is voidable. Any transaction

12  involving a person's delivery of a personal property

13  certificate of title in exchange for the advancement of funds

14  on the condition that the person shall or may redeem or

15  repurchase the certificate of title upon the payment of a sum

16  of money, whether the transaction be characterized as a

17  "buy-sell agreement," "sale-leaseback agreement," or

18  otherwise, shall be deemed a violation of this act if such sum

19  exceeds the amount that a title loan lender may collect in a

20  title loan agreement under this act or if the terms of the

21  transaction otherwise conflict with the permitted terms and

22  conditions of a title loan agreement under this act.

23         Section 11.  Disposal of pledged property; excess

24  proceeds.--

25         (1)  Any motor vehicle which is security for a title

26  loan, is subject to sale or disposal if the title has not been

27  redeemed from the title lender or there has been no payment

28  made on account within 60 days after payment was due. Every

29  title loan transaction form shall contain a notice of the

30  provisions of this subsection. Any such sale or disposal shall

31  vest in the purchaser the right, title, and interest of the

                                  19

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  owner and the title loan lender.

 2         (2)  A title loan lender has the right to take

 3  possession of the motor vehicle upon failure of the owner to

 4  redeem the title within the time period specified in

 5  subsection (1). The title loan lender shall only take

 6  possession of a motor vehicle through an agent who is licensed

 7  by the state to repossess motor vehicles. The title loan

 8  lender may dispose of the motor vehicle as provided in this

 9  section. Any sale or disposal of the motor vehicle shall be

10  made through a motor vehicle dealer licensed under s. 320.27.

11         (3)  Within 30 days after the sale of the motor

12  vehicle, the title loan borrower is entitled to receive moneys

13  from the sale of the motor vehicle in excess of the principal

14  amount of the loan, interest on the loan up to the date of

15  repossession, and reasonable expenses for the repossession,

16  holding, and sale of the motor vehicle. The borrower is

17  entitled to receive reasonable attorney's fees and costs in

18  any action brought to recover the excess amount that results

19  in the title loan lender being ordered to return all or part

20  of such amount.

21         (4)  Except as provided by this section, the taking

22  possession and sale or disposal of the motor vehicle is

23  subject to the requirements of chapter 679, Florida Statutes.

24         Section 12.  Prohibited acts.--

25         (1)  A title loan lender, or any agent or employee of a

26  title loan lender, shall not:

27         (a)  Falsify or fail to make an entry of any material

28  matter in a title loan lender transaction form.

29         (b)  Refuse to allow the department to inspect

30  completed title loan transaction forms or loan property during

31  the ordinary hours of the title loan lender's business or

                                  20

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  other times acceptable to both parties.

 2         (c)  Enter into a title loan agreement with a person

 3  under the age of 18 years.

 4         (d)  Make any agreement requiring or allowing for the

 5  personal liability of a pledgor or the waiver of any of the

 6  provisions of this act.

 7         (e)  Knowingly enter into a title loan agreement with

 8  any person who is under the influence of drugs or alcohol when

 9  such condition is visible or apparent, or with any person

10  using a name other than such person's own name or the

11  registered name of the person's business.

12         (f)  Fail to exercise reasonable care in the

13  safekeeping of loan property or of titled personal property

14  repossessed pursuant to this act.

15         (g)  Fail to return loan property or repossessed titled

16  personal property to a pledgor, with any and all of the title

17  loan lender's liens on the property properly released, upon

18  payment of the full amount due the title loan lender, unless

19  the property has been seized or impounded by an authorized law

20  enforcement agency, taken into custody by a court, or

21  otherwise disposed of by court order.

22         (h)  Sell or otherwise charge for insurance in

23  connection with a title loan agreement.

24         (i)  Charge or receive any finance charge, interest, or

25  fees which are not authorized pursuant to this act.

26         (j)  Engage in business as a title loan lender without

27  first securing a license.

28         (k)  Refuse to accept a partial repayment of the

29  obligation owed and outstanding.

30         (l)  Charge a prepayment penalty.

31         (2)  Title loan companies may not advertise using the

                                  21

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  words "interest free loans" or "no finance charges."

 2         Section 13.  Right to redeem; lost title loan

 3  transaction form.--

 4         (1)  Any person presenting identification of such

 5  person as the pledgor and presenting the pledgor's copy of the

 6  title loan transaction form to the title loan lender is

 7  presumed to be entitled to redeem the loan property described

 8  in the title loan lender transaction form. However, if the

 9  title loan lender determines that the person is not the

10  pledgor, the title loan lender is not required to allow the

11  redemption of the loan property by such person. The person

12  redeeming the loan property must sign the pledgor's copy of

13  the title loan transaction form, which the title loan lender

14  may retain to evidence such person's receipt of the loan

15  property. A person redeeming the loan property who is not the

16  pledgor, must show identification to the title loan lender,

17  together with written authorization from the pledgor, and the

18  title loan lender shall record that person's name and address

19  on the title loan transaction form retained by the title loan

20  lender. In any such case, the person redeeming the pledgor's

21  copy of the title loan transaction form shall be provided a

22  copy of such signed form as evidence of such transaction.

23         (2)  If the pledgor's copy of the title loan

24  transaction form is lost, destroyed, or stolen, the pledgor

25  must notify the title loan lender, in writing by certified or

26  registered mail, return receipt requested, or in person

27  evidenced by a signed receipt, and receipt of such notice

28  shall invalidate such title loan transaction form if the loan

29  property has not previously been redeemed. Before delivering

30  the loan property or issuing a new title loan transaction

31  form, the title loan lender shall require the pledgor to make

                                  22

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  a written statement of the loss, destruction, or theft of the

 2  pledgor's copy of the title loan transaction form. The title

 3  loan lender shall record on the written statement the type of

 4  identification and the identification number accepted from the

 5  pledgor, the date the statement is given, and the number or

 6  date of the title loan transaction form lost, destroyed, or

 7  stolen. The statement shall be signed by the title loan lender

 8  or the title loan office employee who accepts the statement

 9  from the pledgor.

10         Section 14.  Criminal penalties.--

11         (1)  Any person who engages in business as a title loan

12  lender without first securing the license prescribed by this

13  act commits a felony of the third degree, punishable as

14  provided in s. 775.082, s. 775.083, or s. 775.084, Florida

15  Statutes.

16         (2)  In addition to any other applicable penalty, any

17  person who willfully violates any provision of this act or who

18  willfully makes a false entry in any record specifically

19  required by this act commits a misdemeanor of the first

20  degree, punishable as provided in s. 775.082 or s. 775.083,

21  Florida Statutes.

22         Section 15.  Records from the Department of Law

23  Enforcement.--The Department of Law Enforcement, on request,

24  shall supply to the department any arrest and conviction

25  records in the possession of the Department of Law Enforcement

26  of an individual applying for or holding a license under this

27  act.

28         Section 16.  Subpoenas; enforcement actions; rules.--

29         (1)  The department may issue and serve subpoenas to

30  compel the attendance of witnesses and the production of

31  documents, papers, books, records, and other evidence before

                                  23

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  the department in any matter pertaining to this act. The

 2  department may administer oaths and affirmations to any person

 3  whose testimony is required. If any person refuses to testify,

 4  produce books, records, and documents, or otherwise refuses to

 5  obey a subpoena issued under this section, the department may

 6  enforce the subpoena in the same manner as subpoenas issued

 7  under the Administrative Procedure Act are enforced. Witnesses

 8  are entitled to the same fees and mileage as they are entitled

 9  to by law for attending as witnesses in the circuit court,

10  unless such examination or investigation is held at the place

11  of business or residence of the witness.

12         (2)  In addition to any other powers conferred upon the

13  department to enforce or administer this act, the department

14  may:

15         (a)  Bring an action in any court of competent

16  jurisdiction to enforce or administer this act, any rule or

17  order adopted under this act, or any written agreement entered

18  into with the department. In such action, the department may

19  seek any relief at law or equity including a temporary or

20  permanent injunction, appointment of a receiver or

21  administrator, or an order of restitution.

22         (b)  Issue and serve upon a person an order requiring

23  such person to cease and desist and take corrective action

24  whenever the department finds that such person is violating,

25  has violated, or is about to violate any provision of this

26  act, any rule or order adopted under this act, or any written

27  agreement entered into with the department.

28         (c)  Whenever the department finds that conduct

29  described in paragraph (b) presents an immediate danger to the

30  public health, safety, or welfare requiring an immediate final

31  order, the department may issue an emergency cease and desist

                                  24

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  order reciting with particularity the facts underlying such

 2  findings. The emergency cease and desist order is effective

 3  immediately upon service of a copy of the order on the

 4  respondent named in the order and shall remain effective for

 5  90 days. If the department begins nonemergency proceedings

 6  under paragraph (b), the emergency cease and desist order

 7  remains effective until the conclusion of the proceedings

 8  under ss. 120.569 and 120.57, Florida Statutes.

 9         (d)  Impose and collect an administrative fine against

10  any person found to have violated any provision of this act,

11  any rule or order adopted under this act, or any written

12  agreement entered into with the department, in an amount not

13  to exceed $5,000 for each violation.

14         (3)  The department may adopt rules pursuant to the

15  Administrative Procedure Act to implement this act.

16         Section 17.  Investigations and complaints.--

17         (1)  The department may make any investigation and

18  examination of any licensee or other person the department

19  deems necessary to determine compliance with this act. For

20  such purposes, the department may examine the books, accounts,

21  records, and other documents or matters of any licensee or

22  other person. The department may compel the production of all

23  relevant books, records, and other documents and materials

24  relative to an examination or investigation. Such

25  investigations and examinations shall not be made more often

26  than once during any 12-month period unless the department has

27  good cause to believe the licensee is not complying with the

28  provisions of this act.

29         (2)  The expenses of the department incurred in each

30  such examination may be established by department rule but

31  shall not exceed $250 per 8-hour day for each examiner.  Such

                                  25

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  examination fee shall be calculated on an hourly basis and

 2  shall be rounded to the nearest hour.  The licensee shall also

 3  pay the travel expense and per diem subsistence allowance

 4  provided for state employees in s. 112.061.  The licensee

 5  shall not be required  to pay a per diem fee and expenses of

 6  an examination which shall consume more than 30 worker-days in

 7  any one year unless such examination or investigation is due

 8  to fraudulent practices of the licensee, in which case such

 9  licensee shall be required to pay the entire cost regardless

10  of time consumed.

11         (3)  Any person having reason to believe that any

12  provision of this act has been violated may file with the

13  department a written complaint setting forth the details of

14  such alleged violation and the department upon receipt of such

15  complaint, may inspect the pertinent books, records, letters,

16  and contracts of the licensee and of the seller involved,

17  relating to such specific written complaint.

18         Section 18.  Paragraphs (a) and (h) of subsection (1)

19  of section 538.03, Florida Statutes, are amended to read:

20         538.03  Definitions; applicability.--

21         (1)  As used in this part, the term:

22         (a)  "Secondhand dealer" means any person, corporation,

23  or other business organization or entity which is not a

24  secondary metals recycler subject to part II and which is

25  engaged in the business of purchasing, consigning, or pawning

26  secondhand goods or entering into title loan transactions.

27  However, secondhand dealers are not limited to dealing only in

28  items defined as secondhand goods in paragraph (g).  Except as

29  provided in subsection (2), the term means pawnbrokers,

30  jewelers, precious metals dealers, garage sale operators,

31  secondhand stores, and consignment shops.

                                  26

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (h)  "Transaction" means any title loan, purchase,

 2  consignment, or pawn of secondhand goods by a secondhand

 3  dealer.

 4         Section 19.  Subsection (1) of section 538.16, Florida

 5  Statutes, is amended to read:

 6         538.16  Secondhand dealers; disposal of property.--

 7         (1)  Any personal property pawned with a pawnbroker,

 8  whether the pawn is a loan of money or a buy-sell agreement or

 9  a motor vehicle which is security for a title loan, is subject

10  to sale or disposal if the pawn is a loan of money and the

11  property has not been redeemed or there has been no payment on

12  account made for a period of 90 days, or if the pawn is a

13  buy-sell agreement or if it is a title loan and the property

14  has not been repurchased from the pawnbroker or the title

15  redeemed from the title lender or there has been no payment

16  made on account within 60 days.

17         Section 20.  Effective July 1, 1998, the sum of

18  $500,000 is hereby appropriated for the 1998-1999 fiscal year

19  from the Regulatory Trust Fund of the Department of Banking

20  and Finance to the department to fund nine positions for the

21  purpose of carrying out the provisions of this act.

22         Section 21.  Paragraph (i) of subsection (1) of section

23  538.03, Florida Statutes, subsection (5) of section 538.06,

24  Florida Statutes, and subsections (4) and (5) of section

25  538.15, Florida Statutes, are hereby repealed.

26         Section 22.  Except as otherwise provided in this act,

27  this act shall take effect October 1 of the year in which

28  enacted.

29

30

31

                                  27

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3  remove from the title of the bill:  the entire title

 4

 5  and insert in lieu thereof:

 6                  A bill to be entitled

 7         An act relating to title loan transactions;

 8         creating the "Florida Title Loan Act";

 9         providing definitions; providing legislative

10         intent; requiring licensure by the Department

11         of Banking and Finance to be in the business as

12         a title loan lender; providing for eligibility

13         for licensure; providing for application;

14         providing for suspension or revocation of

15         license;  providing for a title loan

16         transaction form; providing for recordkeeping

17         and reporting and safekeeping of property;

18         providing for title loan charges; providing a

19         holding period when there is a failure to

20         redeem; providing for the disposal of pledged

21         property; providing for disposition of excess

22         proceeds; prohibiting certain acts; providing

23         for the right to redeem; providing for lost

24         title loan transaction forms; providing for a

25         title loan lenders lien; providing for criminal

26         penalties; providing for certain records from

27         the Department of Law Enforcement; providing

28         for subpoenas, enforcement of actions, and

29         rules; providing a fine; providing for

30         investigations and complaints; amending ss.

31         538.03 and 538.16, F.S.; deleting provisions

                                  28

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                                                   HOUSE AMENDMENT

    hbd-06                 Bill No. CS for CS for SB 194, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         relating to title loan transactions; providing

 2         an appropriation; repealing ss. 538.03(1)(i),

 3         538.06(5), and 538.15(4) and (5), F.S.,

 4         relating to title loan transactions by

 5         secondhand dealers; providing effective dates.

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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30

31

                                  29

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