Senate Bill sb0462

    Florida Senate - 2006                                   SB 462

    By Senator Constantine





    22-531-06

  1                      A bill to be entitled

  2         An act relating to deferred presentment

  3         transactions; amending s. 560.404, F.S.;

  4         restricting the actions of a deferred

  5         presentment provider under a deferred

  6         presentment transaction agreement with a member

  7         of the United States Armed Forces or the spouse

  8         of a servicemember; prohibiting a deferred

  9         presentment provider from entering into a

10         transaction agreement with a servicemember

11         under certain circumstances; providing an

12         effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Subsection (24) is added to section

17  560.404, Florida Statutes, to read:

18         560.404  Requirements for deferred presentment

19  transactions.--

20         (24)(a)  A deferred presentment provider shall

21  determine whether a drawer is a member of the United States

22  Armed Forces.  If a drawer is a servicemember or the spouse of

23  a servicemember, the deferred presentment provider:

24         1.  May not garnish any military wages or salary;

25         2.  May not conduct any collection activity for the

26  duration of the deployment when the servicemember has been

27  deployed to a combat post or a combat support post or for the

28  duration of the active duty when a servicemember of the United

29  States Reserve Forces or National Guard has been called to

30  active duty;

31  

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






    Florida Senate - 2006                                   SB 462
    22-531-06




 1         3.  May not contact the commanding officer of the

 2  servicemember or anyone in the chain of command of the

 3  servicemember in an effort to collect a payment obligation

 4  under a deferred presentment transaction agreement entered

 5  into with the servicemember or the spouse of the

 6  servicemember; and

 7         4.  Shall be bound by the terms of any repayment

 8  agreement that the deferred presentment provider negotiates

 9  with respect to the drawer through military counselors or

10  third-party credit counselors.

11         (b)  A deferred presentment provider may not enter into

12  a deferred presentment transaction agreement with a member of

13  the United States Armed Forces if a military base commander

14  declares that a specific business location of the deferred

15  presentment provider is off limits to military personnel and

16  formally notifies the deferred presentment provider of the

17  declaration.

18         Section 2.  This act shall take effect July 1, 2006.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Restricts the actions of a deferred presentment provider
      under a deferred presentment transaction agreement with a
23    member of the United States Armed Forces or the spouse of
      a servicemember.
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CODING: Words stricken are deletions; words underlined are additions.