§ 21.035. Motor vehicle title loan transactions.

A secondhand dealer registered under F.S. ch. 538, pt. 1, may engage in motor vehicle title loan transactions, as that term is used in F.S. ch. 538, pt. 1, if the following conditions are met:

(a)

The secondhand dealer maintains physical possession of the motor vehicle certificate of title;

(b)

The borrower maintains possession of, or control over, the motor vehicle throughout the term of the loan;

(c)

The borrower is not required to pay rent or any other charge for the use of the motor vehicle;

(d)

The secondhand dealer delivers to the borrower, at the time a loan is made, a statement showing the loan amount, origination date, maturity date, finance charges, a description of the security, the name and address of the borrower and the secondhand dealer, the rate of interest expressed in terms of annual percentage rate, the total number of payments required, and the total amount required to be paid over the life of the loan. In the event the borrower has a right to renew the loan, the secondhand dealer must deliver a statement with the information required herein for each renewal; and

(e)

The title loan agreement contains the following statement printed in not less than 14-point type:

(1)

"Your vehicle has been pledged as security for this loan and if you do not repay this loan in full, including the finance charges, you will lose your vehicle."

(2)

"You are encouraged to repay this loan at the end of the 30-day period. The lender may not be required to extend or renew your loan. It is important that you plan your finances so that you can repay this loan as soon as possible."

(3)

"This loan has a very high interest rate. Do not complete this loan transaction if you have the ability to borrow from another source at a rate lower than 2½ percent per month or an annual percentage rate of 30 percent."

(4)

"The borrower represents and warrants that the motor vehicle and the certificate of title is not stolen, it has no liens or encumbrances against it, the borrower has the right to enter into this transaction, and the borrower will not attempt to sell the motor vehicle or apply for a duplicate certificate of title while the loan agreement is in effect, and that doing so will be a violation of law."

(5)

"If you are a member of the Armed Forces of the United States of America, you may be eligible for financial assistance. You are urged to explore these options with a representative of your commanding officer."

(6)

"Immediately above the signature of the borrower the statement that "I, the borrower declare that the information I have provided is true and correct and I have read and understand the foregoing document."

(7)

A blank line for the signature of the borrower.

(8)

The secondhand dealer must display, in a prominent place in the title loan premises, for customer viewing, a sign no smaller than three feet by five feet with the following message written in letters no less than two inches high: "If you receive a title loan, your vehicle will be pledged as security for the loan. If you do not repay this loan in full, including all finance charges, you will lose your vehicle. This loan has a very high interest rate. Do not complete a title loan transaction if you have the ability to borrow money from another source at an interest rate lower than 2½ percent per month or an annual percentage rate of 30 percent. Members of the United States Armed Services may be eligible for financial assistance and they are urged to explore all options with representatives of their commanding officer."

(Ord. No. 99-32, § 1, 9-20-1999)