| 1 | Representative Detert offered the following: |
| 2 |
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| 3 | Amendment |
| 4 | Remove line(s) 89-138, and insert: |
| 5 | (10) To use the name or logo of a financial institution as |
| 6 | defined in s. 655.005(1) or its affiliates or subsidiaries when |
| 7 | marketing or soliciting existing or prospective customers if |
| 8 | such marketing materials are used without the express written |
| 9 | consent of the financial institution and in a manner that would |
| 10 | lead a reasonable person to believe that the material or |
| 11 | solicitation originated from, was endorsed by, or is in any way |
| 12 | related to or the responsibility of the financial institution or |
| 13 | its affiliates or subsidiaries. |
| 14 | Section 2. Paragraph (o) is added to subsection (1) of |
| 15 | section 516.07, Florida Statutes, to read: |
| 16 | 516.07 Grounds for denial of license or for disciplinary |
| 17 | action.-- |
| 18 | (1) The following acts are violations of this chapter and |
| 19 | constitute grounds for denial of an application for a license to |
| 20 | make consumer finance loans and grounds for any of the |
| 21 | disciplinary actions specified in subsection (2): |
| 22 | (o) Using the name or logo of a financial institution as |
| 23 | defined in s. 655.005(1) or its affiliates or subsidiaries when |
| 24 | marketing or soliciting existing or prospective customers if |
| 25 | such marketing materials are used without the express written |
| 26 | consent of the financial institution and in a manner that would |
| 27 | lead a reasonable person to believe that the material or |
| 28 | solicitation originated from, was endorsed by, or is in any way |
| 29 | related to or the responsibility of the financial institution or |
| 30 | its affiliates or subsidiaries. |
| 31 | Section 3. Paragraph (j) is added to subsection (1) of |
| 32 | section 520.995, Florida Statutes, to read: |
| 33 | 520.995 Grounds for disciplinary action.-- |
| 34 | (1) The following acts are violations of this chapter and |
| 35 | constitute grounds for the disciplinary actions specified in |
| 36 | subsection (2): |
| 37 | (j) Using the name or logo of a financial institution as |
| 38 | defined in s. 655.005(1) or its affiliates or subsidiaries when |
| 39 | marketing or soliciting existing or prospective customers if |
| 40 | such marketing materials are used without the express written |
| 41 | consent of the financial institution and in a manner that would |
| 42 | lead a reasonable person to believe that the material or |
| 43 | solicitation originated from, was endorsed by, or is in any way |
| 44 | related to or the responsibility of the financial institution or |
| 45 | its affiliates or subsidiaries. |
| 46 | Section 4. Paragraph (bb) is added to subsection (1) of |
| 47 | section 626.9541, Florida Statutes, to read: |
| 48 | 626.9541 Unfair methods of competition and unfair or |
| 49 | deceptive acts or practices defined.-- |
| 50 | (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE |
| 51 | ACTS.--The following are defined as unfair methods of |
| 52 | competition and unfair or deceptive acts or practices: |
| 53 | (bb) Deceptive use of name.--Using the name or logo of a |
| 54 | financial institution as defined in s. 655.005(1) or its |
| 55 | affiliates or subsidiaries when |