| 1 | A bill to be entitled |
| 2 | An act relating to deferred presentment transactions; |
| 3 | amending s. 560.404, F.S.; restricting the actions of a |
| 4 | deferred presentment provider under a deferred presentment |
| 5 | transaction agreement with a member of the United States |
| 6 | Armed Forces or the spouse of a servicemember; prohibiting |
| 7 | a deferred presentment provider from entering into a |
| 8 | transaction agreement with a servicemember under certain |
| 9 | circumstances; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsection (24) is added to section 560.404, |
| 14 | Florida Statutes, to read: |
| 15 | 560.404 Requirements for deferred presentment |
| 16 | transactions.-- |
| 17 | (24)(a) A deferred presentment provider shall determine |
| 18 | whether a drawer is a member of the United States Armed Forces. |
| 19 | If a drawer is a servicemember or the spouse of a servicemember, |
| 20 | the deferred presentment provider: |
| 21 | 1. May not garnish any military wages or salary; |
| 22 | 2. May not conduct any collection activity for the |
| 23 | duration of the deployment when the servicemember has been |
| 24 | deployed to a combat post or a combat support post or for the |
| 25 | duration of the active duty when a servicemember of the United |
| 26 | States Reserve Forces or National Guard has been called to |
| 27 | active duty; |
| 28 | 3. May not contact the commanding officer of the |
| 29 | servicemember or anyone in the chain of command of the |
| 30 | servicemember in an effort to collect a payment obligation under |
| 31 | a deferred presentment transaction agreement entered into with |
| 32 | the servicemember or the spouse of the servicemember; and |
| 33 | 4. Shall be bound by the terms of any repayment agreement |
| 34 | that the deferred presentment provider negotiates with respect |
| 35 | to the drawer through military counselors or third-party credit |
| 36 | counselors. |
| 37 | (b) A deferred presentment provider may not enter into a |
| 38 | deferred presentment transaction agreement with a member of the |
| 39 | United States Armed Forces if a military base commander declares |
| 40 | that a specific business location of the deferred presentment |
| 41 | provider is off limits to military personnel and formally |
| 42 | notifies the deferred presentment provider of the declaration. |
| 43 | Section 2. This act shall take effect July 1, 2006. |