§ 26-56. Enforcement and penalties.  


Latest version.
  • (a)

    Any violation of this article may be punished as provided in F.S. § 125.69, with a fine not to exceed $500.00 or by imprisonment in the Brevard County Correctional Facility for a period not to exceed 60 days, or by both said fine and imprisonment.

    (b)

    In addition, the county may bring a civil action in any court of competent jurisdiction to enforce or administer this article including, but not limited to, seeking a temporary or permanent injunction or appointment of a receiver when it has reasonable cause to believe that a title loan lender is operating in violation of this article. The county shall be entitled to any award of costs and reasonable attorney's fees, including appellate fees and costs, in an action successfully enforcing the terms of this article.

    (c)

    A recipient/borrower of a title loan transaction may bring a civil action against a title loan lender violating the provisions of this article in a court of competent jurisdiction of the county. Upon adverse adjudication, the defendant shall forfeit the entire interest so charged or contracted to be charged and shall be liable to the borrower for two times the original loan amount, together with court cost and attorney's fees incurred by the borrower. If the court finds that the suit fails to raise a justiciable issue of law or fact, the defendant shall be entitled to an award of court costs and reasonable attorney's fees incurred by the defendant.

(Ord. No. 2000-12, § 6, 2-22-00)