Florida Statute 516.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 516
CONSUMER FINANCE

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F.S. 516.01

516.01 Definitions.—As used in this chapter, the term:

(1) “Branch” means any location, other than a licensee’s principal place of business, at which a licensee operates or conducts business under this chapter or which the licensee owns or controls for the purpose of conducting business under this chapter.

(2) “Commission” means the Financial Services Commission.

(3) “Consumer finance borrower” or “borrower” means a person who has incurred either direct or contingent liability to repay a consumer finance loan.

(4) “Consumer finance loan” means a loan of money, credit, goods, or choses in action, including, except as otherwise specifically indicated, provision of a line of credit, in an amount or to a value of $25,000 or less for which the lender charges, contracts for, collects, or receives interest at a rate greater than 18 percent per annum.

(5) “Control person” means an individual, partnership, corporation, trust, or other organization that possesses the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. A person is presumed to control a company if, with respect to a particular company, that person:

(a) Is a director, general partner, or officer exercising executive responsibility or having similar status or functions;

(b) Directly or indirectly may vote 10 percent or more of a class of a voting security or sell or direct the sale of 10 percent or more of a class of voting securities; or

(6) “Interest” means the cost of obtaining a consumer finance loan and includes any profit or advantage of any kind whatsoever that a lender may charge, contract for, collect, receive, or in anywise obtain, including by means of any collateral sale, purchase, or agreement, as a condition for a consumer finance loan. Charges specifically permitted by this chapter, including commissions received for insurance written as permitted by this chapter, shall not be deemed interest.

(7) “License” means a permit issued under this chapter to make and collect loans in accordance with this chapter at a single place of business.

(8) “Licensee” means a person to whom a license is issued.

(9) “Office” means the Office of Financial Regulation of the commission.

History.—s. 19, ch. 10177, 1925; CGL 4016; s. 6, ch. 20728, 1941; s. 7, ch. 22858, 1945; s. 1, ch. 57-201; ss. 12, 35, ch. 69-106; s. 193, ch. 71-377; s. 189, ch. 77-104; s. 2, ch. 81-318; s. 1, ch. 86-100; ss. 1, 16, 17, ch. 88-342; s. 1, ch. 90-104; s. 4, ch. 91-429; s. 569, ch. 2003-261; s. 24, ch. 2006-213; s. 1, ch. 2024-276.

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Amendments to 516.01

Arrestable Offenses / Crimes under Fla. Stat. 516.01

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 516.01.

Annotations, Discussions, Cases:

Cases Citing Statute 516.01

Total Results: 18

In Re: Amendments to Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2017-03-16

Citation: 214 So. 3d 400, 42 Fla. L. Weekly Supp. 319, 2017 WL 1031456, 2017 Fla. LEXIS 598

Snippet: in Florida Rule of Judicial Administration 2.516. (1) Generally. A subpoena may be served by any

McGhee v. Biggs

Court: District Court of Appeal of Florida | Date Filed: 2008-02-06

Citation: 974 So. 2d 524, 2008 WL 313589

Snippet: longer has jurisdiction, and accordingly section 61.516(1) does not apply. And, because the mother resides

Loud v. De La Espriella Medina

Court: District Court of Appeal of Florida | Date Filed: 2005-04-20

Citation: 899 So. 2d 1242, 2005 Fla. App. LEXIS 5477

Snippet: Florida would be a more convenient forum. See § 61.516(1), Fla. Stat. (2003); see also Lamon v. Rewis, 592

Betts v. Ace Cash Express, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2002-08-30

Citation: 827 So. 2d 294, 2002 WL 1988252

Snippet: amount less than $25,000 in violation of section 516.01, Florida Statutes, et seq.;[3] and (3) Defendants

Prison Rehabilitative Industries v. Betterson

Court: District Court of Appeal of Florida | Date Filed: 1994-12-20

Citation: 648 So. 2d 778, 1994 Fla. App. LEXIS 12534, 1994 WL 704790

Snippet: entities upon approval of the Governor); § 946.516(1) (PRIDE must annually provide the Governor and the

Ago

Court: Florida Attorney General Reports | Date Filed: 1991-11-08

Snippet: contractors within this state. Pursuant to s. 489.516(1), F.S., as amended:2 Any person who desires

Ago

Court: Florida Attorney General Reports | Date Filed: 1989-08-09

Snippet: system contractors within this state. Section 489.516(1), F.S. (1988 Supp.), provides: Any person who

Goodman v. Kendall Gate-Investco., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1981-03-10

Citation: 395 So. 2d 240, 1981 CCH OSHD 25,236

Snippet: Code; and (2) the South Florida Building Code [§ 516.1(a)], in turn: (a) adopts the OSHA standards requiring

Goshko v. Cohen

Court: District Court of Appeal of Florida | Date Filed: 1968-11-26

Citation: 215 So. 2d 773

Snippet: Duncan v. Growers Equipment Co., 1941, 146 Fla. 516, 1 So.2d 458; Ford Motor Company v. Cochran, Fla.

Courtney v. American Oil Company

Court: District Court of Appeal of Florida | Date Filed: 1968-10-31

Citation: 220 So. 2d 675

Snippet: Duncan v. Growers Equipment Co., 1941, 146 Fla. 516, 1 So.2d 458. [2] National State Bank of Newark v

Pilafian v. Green

Court: District Court of Appeal of Florida | Date Filed: 1962-05-17

Citation: 141 So. 2d 341, 1962 Fla. App. LEXIS 3259

Snippet: official of small loan businesses under Section 516.01 (1) (d), Florida Statutes, F.S.A. The appellant

Sompayrac v. Lewis

Court: District Court of Appeal of Florida | Date Filed: 1959-05-12

Citation: 112 So. 2d 52, 1959 Fla. App. LEXIS 2909

Snippet: Fla. 536, 70 So. 471; Lente v. Clarke, 22 Fla. 516, 1 So. 149; Patrick v. Sears, 19 Fla. 856. In line

Sossamon v. Vincent

Court: Supreme Court of Florida | Date Filed: 1958-04-30

Citation: 103 So. 2d 108, 1958 Fla. LEXIS 1794

Snippet: Health. He was charged with four violations of Rule 516.1 by fumigating as many separate structures without

Stolmaker v. Bowerman

Court: District Court of Appeal of Florida | Date Filed: 1958-02-27

Citation: 100 So. 2d 659

Snippet: 303; Duncan v. Growers Equipment Co., 146 Fla. 516, 1 So.2d 458. Affirmed. CARROLL, CHAS., C.J., and

Drew v. Food Fair Stores of Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1958-02-25

Citation: 100 So. 2d 826

Snippet: and Duncan v. Growers Equipment Co., 146 Fla. 516, 1 So.2d 458. CARROLL, CHAS., C. J., and PEARSON,

Giles v. Family Finance Service, Inc.

Court: Supreme Court of Florida | Date Filed: 1945-01-26

Citation: 20 So. 2d 805, 155 Fla. 506, 1945 Fla. LEXIS 562

Snippet: Business' in the State of Florida under Sections 516.01 et seq. of the 1941 Florida Statutes, served on

Haverty Furniture Co. v. McKesson & Robbins, Inc.

Court: Supreme Court of Florida | Date Filed: 1944-08-01

Citation: 19 So. 2d 59, 154 Fla. 772, 1944 Fla. LEXIS 815

Snippet: indispensable party. Izlar v. Slyke, 94 Fla. 1218, 115 So. 516, 1 C.J.S. 213. We have many cases distinguishing between

Frisbee v. Timanus

Court: Supreme Court of Florida | Date Filed: 1868-07-01

Citation: 12 Fla. 537

Snippet: Procter vs. Hart, do., 465; Bailey vs. Clark, 6 Fla, 516; 1 Call, 28; 4 Rand., 317; Burk vs. Clark, 8 Fla.