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 Pasco County
 Code of Ordinances
 Chapter 22. BUSINESSES
 Article III. TITLE LOANS

  § 22-46. Violations, penalties and enforcement.  

Latest version.

  • The following acts shall constitute violations of this article:

    (1)

    Failure to comply with any provision of this article;

    (2)

    Committing any act of fraud, misrepresentation, deceit or gross negligence in any title loan transaction under this article regardless of reliance by or damage to the borrower;

    (3)

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

    (4)

    Willful imposition of illegal charges on any title loan transaction;

    (5)

    Aiding, abetting, or conspiring with an individual to circumvent or violate any of the requirements of this article or state or federal law regulating secondhand dealers;

    (6)

    Engaging in criminal conduct in the course of business as a secondhand dealer;

    (7)

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

    (8)

    Making any agreement that allows for the waiver of any of the provisions of this article;

    (9)

    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;

    (10)

    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;

    (11)

    Failing to exercise reasonable care in the safekeeping of a certificate of title or motor vehicle repossessed pursuant to this article;

    (12)

    Failing to return a certificate of title or repossessed motor vehicle to a borrower with any and all of the secondhand dealer's liens on the property released, within 30 days of the payment of the full amount due, unless the loan 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;

    (13)

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

    (14)

    Charging a prepayment penalty;

    (15)

    Capitalizing any unpaid finance charge as part of the amount financed in the renewal of a title loan agreement;

    (16)

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

    (17)

    In any practice or transaction or course of business relating to the making of a title loan, negotiation, promotion, or advertisement of a title loan transaction, directly or indirectly;

    a.

    To knowingly or willingly employ any device, scheme or article to defraud;

    b.

    To engage in any transaction, practice or course of business which operates as a fraud upon any person in connection with the purchase or a sale of any title loan; or

    c.

    To obtain property by fraud, willful misrepresentation of a future act or false promise;

    (18)

    In any manner within the jurisdiction of the county, to knowingly and willfully falsify, conceal or cover up by a trick, scheme, or device a material fact, make any false, fraudulent statement or representation, or make or use any false writing or document, knowing the same to contain any false or fraudulent statement or entry.

    (19)

    Engaging in false, deceptive, or misleading collection practices by a secondhand dealer.

    a.

    In addition to any civil remedy available to the county under this article, the violation of any part of this article shall be enforced by any authorized code enforcement officer or law enforcement officer. Violations may be prosecuted as misdemeanors are prosecuted, upon complaint to the prosecuting attorney by a law enforcement officer or a citizen, in addition to any other remedy provided by this Code or applicable law, including but not limited to notice of violation and citation by a code enforcement officer. Upon conviction, violators shall pay a class VI fine of $500.00 for each violation of this article, or shall be imprisoned for not more than 60 days, or both fined and imprisoned as authorized herein or by any other applicable law. Alternatively, a code enforcement board or special master may impose a fine of up to $250.00 per day for a violation pursuant to chapter 162, Florida Statutes.

    b.

    Any borrower injured by a violation of this article may bring a civil action against a secondhand dealer violating the provisions of this article in a court of competent jurisdiction in the county. Upon adverse adjudication, the secondhand dealer 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 costs and attorney's fees incurred by the borrower. If the court finds that the suit fails to raise a justifiable 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. 99-19, § 9, 9-28-99)