§ 13-168. Violations, penalties and enforcement.

(1)

The following acts are violations of this article:

(a)

Failure to comply with any provisions of this article.

(b)

Failure to comply with any applicable provision of Chapter 538, Florida Statutes, to the extent not pre-empted by a provision of this article, or Chapter 679, Part V, Florida Statutes, as it may be amended from time to time.

(c)

Committing any act of fraud, misrepresentation, deceit or gross negligence regardless of reliance by or damage to a borrower, or any illegal activity in connection with a title loan transaction.

(d)

Fraudulently misrepresenting, circumventing, or concealing any matter required to be stated or furnished to a borrower pursuant to this article.

(e)

Willful imposition of illegal charges on any title loan transaction.

(f)

Engaging in false, deceptive, or misleading advertising with respect to title loans.

(g)

Failure to maintain, preserve and keep available for examination all books, accounts, or other documents required by this article, state or federal law.

(h)

Aiding, abetting, or conspiring with an individual to circumvent or violate any of the requirements of this article or state or federal law regulating title loan lenders.

(i)

Engaging in criminal conduct in the course of a business as a title loan lender.

(j)

Knowingly entering into a title loan agreement with a person under the age of eighteen (18) years.

(k)

Making any agreement requiring or allowing for the personal liability of a pledger or the waiver of any of the provisions of this article or Chapter 679, Part V, Florida Statutes.

(l)

Knowingly entering into a title loan agreement with any person who is under the influence of drugs or alcohol when such condition is visible or apparent, or with any person using a name other than his own name or the registered name of his business.

(m)

Entering into a title loan agreement in which the amount of money advanced in consideration for the loan secured by any single certificate of title exceeds the maximum amount allowed under subsection 13-166(7) of this article.

(n)

Failure to exercise reasonable care in the safekeeping of the certificate of title.

(o)

Failure to return the certificate of title or motor vehicle taken into possession but prior to its disposal under Chapter 679, Part V, Florida Statutes, to a borrower, with any and all of the title lender's liens on the property released within thirty (30) days of the payment of the full amount due, unless the property has been seized or impounded by an authorized law enforcement agency, taken into custody by a court, or otherwise disposed of by court order.

(p)

Charging or receiving any finance charge, interest, cost, or fee which is not permitted by this article.

(q)

Refusing to accept partial repayment of the principal amount financed when all accrued finance charges have been paid.

(r)

Charging a prepayment penalty.

(s)

Capitalizing any unpaid finance charge as part of the amount financed in the renewal of a title loan agreement which would cause the new principal amount to exceed the maximum amount allowed under subsection 13-166(7).

(t)

Assigning or transferring a motor vehicle title loan agreement to another person or entity.

(u)

Imposition of illegal charges in any title loan transaction.

(v)

Failure to account for and remit to the borrower all surplus proceeds from the disposal of the borrower's vehicle within twenty (20) days of such disposal.

(Ord. No. 99-28, § 1, 8-16-99)