§ 26-55. Violations.

The following acts shall constitute violations of this article:

(1)

Failing to comply with any provisions of this article;

(2)

Failing to comply with any applicable provision of F.S. ch. 538, to the extent not preempted by a provision of this article, or F.S. ch. 679, pt. V, as it may be amended from time to time;

(3)

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

(4)

Fraudulently misrepresenting, circumvention, or concealment of any matter required to be stated or furnished to a borrower pursuant to this article;

(5)

Willful imposition of illegal charges on any title loan transaction;

(6)

Engaging in false, deceptive, or misleading advertising;

(7)

Failure to maintain, preserve and keep available for examination by the county or any other agency with jurisdiction to enforce this article, all books, accounts, or other documents required by this article or state or federal law;

(8)

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;

(9)

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

(10)

Knowingly entering into a title loan agreement with a person under the age of 18 years;

(11)

Making any agreement requiring or allowing for the personal liability of a pledge or the waiver of any of the provisions of this article or F.S. ch. 679, pt. V;

(12)

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 or her own name or the registered name of his or her business;

(13)

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 one-third of the wholesale value of the motor vehicle. The wholesale value of any motor vehicle shall be determined by reference to the most current edition available of the Southeastern Edition of the National Automobile Dealer's Association Official Used Car Guide;

(14)

Failing to exercise reasonable care in the safekeeping of the certificate of title;

(15)

Failing to return the certificate of title or motor vehicle taken into possession but prior to its disposal under F.S. ch. 679, pt. V, to a borrower, with any and all of the title lender's liens on the property released within 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;

(16)

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

(17)

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

(18)

Charging a prepayment penalty or any other fee not permitted by F.S. § 538.06(5)(e)(f);

(19)

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 one-third of the value of the motor vehicle; and

(20)

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

(Ord. No. 2000-12, § 5, 2-22-00)