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FL S1624
Bill
Status
3/3/2023
Primary Sponsor
Appropriations Committee on Criminal and Civil Justice
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AI Summary
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Creates the "Florida Commercial Financing Disclosure Law" establishing disclosure and conduct requirements for commercial financing providers and brokers effective January 1, 2024
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Requires providers consummating commercial financing transactions to furnish written disclosures including total funds provided, total amount to be repaid, total dollar cost, payment terms and frequency, and prepayment terms or penalties
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Prohibits brokers from collecting advance fees before closing (except for actual third-party services like credit checks), making false representations, using deceptive business practices, or advertising without disclosing actual business address and phone number
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Exempts federally insured depository institutions, farm lenders, real property-secured transactions, leases, purchase money obligations, motor vehicle dealers with transactions over $50,000, money transmitters, and providers conducting five or fewer transactions annually or transactions exceeding $500,000
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Grants the Attorney General exclusive enforcement authority with civil penalties of $500 per incident (capped at $20,000) for first violations and $1,000 per incident (capped at $50,000) for subsequent violations after written notice, while clarifying violations do not affect transaction enforceability or create private rights of action
Legislative Description
Commercial Financing Transaction Brokers and Providers
Last Action
Laid on Table, companion bill(s) passed, see CS/HB 1353 (Ch. 2023-290)
5/3/2023