Florida Senate - 2011                                     SB 116
       
       
       
       By Senator Bullard
       
       
       
       
       39-00080-11                                            2011116__
    1                        A bill to be entitled                      
    2         An act relating to debtors and creditors; creating s.
    3         687.072, F.S.; requiring lenders or creditors to
    4         verify the identity of persons applying for a loan,
    5         credit card, or extension of credit; providing that
    6         the knowing and willful use of personal identifying
    7         information of another individual creates a rebuttable
    8         presumption; providing for the forfeiture of the right
    9         to collect an indebtedness for failure to verify an
   10         applicant’s identity; providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 687.072, Florida Statutes, is created to
   15  read:
   16         687.072 Applications for loans or extensions of credit.—Any
   17  lender or creditor licensed or chartered under chapter 516,
   18  chapter 520, chapter 657, chapter 658, chapter 665, or part XV
   19  of chapter 627; any lender or creditor located in this state and
   20  licensed or chartered under the laws of the United States and
   21  authorized to conduct a lending business; or any lender or
   22  creditor lending through a licensee under part III of chapter
   23  494 or authorized to issue loans, credit cards, or extensions of
   24  credit must verify the identity of the person applying for a
   25  loan of money, a credit card, or an extension of credit. A
   26  subsequent determination that a person who applied for a loan,
   27  credit card, or extension of credit knowingly and willfully used
   28  the personal identifying information of another individual
   29  creates a rebuttable presumption in any subsequent collection
   30  action by the lender or creditor for indebtedness that the
   31  lender or creditor failed to verify the identity of the
   32  applicant and that, therefore, the individual whose personal
   33  identifying information was used has no liability for the debt.
   34         Section 2. This act shall take effect July 1, 2011.