Bill Text: FL S0386 | 2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Consumer Finance

Spectrum:

Status: (Passed) 2018-03-21 - Chapter No. 2018-17 [S0386 Detail]

Download: Florida-2018-S0386-Introduced.html

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       Florida Senate - 2018                                     SB 386
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-00098B-18                                           2018386__
    1                        A bill to be entitled                      
    2         An act relating to consumer finance; amending s.
    3         516.031, F.S.; revising a provision relating to the
    4         maximum delinquency charge that may be charged for
    5         consumer finance loans; amending s. 516.36, F.S.;
    6         revising a requirement relating to installment
    7         repayments for consumer finance loans; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (a) of subsection (3) of section
   13  516.031, Florida Statutes, is amended to read:
   14         516.031 Finance charge; maximum rates.—
   15         (3) OTHER CHARGES.—
   16         (a) In addition to the interest, delinquency, and insurance
   17  charges provided in this section, further or other charges or
   18  amount for any examination, service, commission, or other thing
   19  or otherwise may not be directly or indirectly charged,
   20  contracted for, or received as a condition to the grant of a
   21  loan, except:
   22         1. An amount of up to $25 to reimburse a portion of the
   23  costs for investigating the character and credit of the person
   24  applying for the loan;
   25         2. An annual fee of $25 on the anniversary date of each
   26  line-of-credit account;
   27         3. Charges paid for the brokerage fee on a loan or line of
   28  credit of more than $10,000, title insurance, and the appraisal
   29  of real property offered as security if paid to a third party
   30  and supported by an actual expenditure;
   31         4. Intangible personal property tax on the loan note or
   32  obligation if secured by a lien on real property;
   33         5. The documentary excise tax and lawful fees, if any,
   34  actually and necessarily paid out by the licensee to any public
   35  officer for filing, recording, or releasing in any public office
   36  any instrument securing the loan, which may be collected when
   37  the loan is made or at any time thereafter;
   38         6. The premium payable for any insurance in lieu of
   39  perfecting any security interest otherwise required by the
   40  licensee in connection with the loan if the premium does not
   41  exceed the fees which would otherwise be payable, which may be
   42  collected when the loan is made or at any time thereafter;
   43         7. Actual and reasonable attorney fees and court costs as
   44  determined by the court in which suit is filed;
   45         8. Actual and commercially reasonable expenses for
   46  repossession, storing, repairing and placing in condition for
   47  sale, and selling of any property pledged as security; or
   48         9. A delinquency charge of up to $15 for each calendar
   49  month for each payment in default for at least 10 days if the
   50  charge is agreed upon, in writing, between the parties before it
   51  is imposed imposing the charge.
   52  
   53  Any charges, including interest, in excess of the combined total
   54  of all charges authorized and permitted by this chapter
   55  constitute a violation of chapter 687 governing interest and
   56  usury, and the penalties of that chapter apply. In the event of
   57  a bona fide error, the licensee shall refund or credit the
   58  borrower with the amount of the overcharge immediately but
   59  within 20 days after the discovery of such error.
   60         Section 2. Section 516.36, Florida Statutes, is amended to
   61  read:
   62         516.36 Monthly Installment requirement.—Every loan made
   63  pursuant to this chapter shall be repaid in approximately equal,
   64  periodic monthly installments, except that the final payment may
   65  be less than the amount of the prior installments. Installments
   66  may be due every 2 weeks, semimonthly, or monthly as nearly
   67  equal as mathematically practicable. This section does shall not
   68  apply to lines of credit.
   69         Section 3. This act shall take effect July 1, 2018.