§ 1-10-336. Acts constituting violations of this article.

(a)

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 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;

(3)

Committing, or aiding, assisting or conspiring with any other person to commit, any act of fraud, misrepresentation, concealment, deceit, dishonest dealing by trick, or gross negligence, regardless of reliance by a borrower, or any other illegal activity in connection with a title loan;

(4)

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

(5)

Willful imposition of any 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 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 business as a title loan lender;

(10)

Knowingly entering into a title loan agreement with a person under the age of eighteen (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 Chapter 679, Part V, Florida Statutes;

(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)

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

(14)

Failing to return a 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 fifteen (15) 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;

(15)

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

(16)

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

(17)

Charging a prepayment penalty;

(18)

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

(Ord. No. 2000-002, § 6, 1-25-00)