Florida Statute 537.006 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

Chapter 537
TITLE LOANS

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F.S. 537.006

537.006 Denial, suspension, or revocation of license.—

(1) The following acts are violations of this act and constitute grounds for the disciplinary actions specified in subsection (2):

(a) Failure to comply with any provision of this act, any rule or order adopted pursuant to this act, or any written agreement entered into with the office.

(b) Fraud, misrepresentation, deceit, or gross negligence in any title loan transaction, regardless of reliance by or damage to the borrower.

(c) Fraudulent misrepresentation, circumvention, or concealment of any matter required to be stated or furnished to a borrower pursuant to this act, regardless of reliance by or damage to the borrower.

(d) Imposition of illegal or excessive charges in any title loan transaction.

(e) False, deceptive, or misleading advertising by a title loan lender.

(f) Failure to maintain, preserve, and keep available for examination all books, accounts, or other documents required by this act, by any rule or order adopted pursuant to this act, or by any agreement entered into with the office.

(g) Aiding, abetting, or conspiring by a title loan lender with a person to circumvent or violate any of the requirements of this act.

(h) Refusal to provide information upon request of the office, to permit inspection of books and records in an investigation or examination by the office, or to comply with a subpoena issued by the office.

(i) Pleading nolo contendere to or having been convicted or found guilty, regardless of whether adjudication was withheld, of a crime involving fraud, dishonest dealing, or any act of moral turpitude or acting as an ultimate equitable owner of 10 percent or more of a licensee who has pled nolo contendere to or has been convicted or found guilty, regardless of whether adjudication was withheld, of a crime involving fraud, dishonest dealing, or any act of moral turpitude.

(j) Making or having made material misstatement of fact in an initial or renewal application for a license.

(k) Having been the subject of any decision, finding, injunction, suspension, prohibition, revocation, denial, judgment, or administrative order by any court of competent jurisdiction or administrative law judge, or by any state or federal agency, involving a violation of any federal or state law relating to title loans or any rule or regulation adopted under such law, or has been the subject of any injunction or adverse administrative order by a state or federal agency regulating banking, insurance, finance or small loan companies, real estate, mortgage brokers, or other related or similar industries for acts involving fraud, dishonest dealing, or any act of moral turpitude.

(l) Failing to continuously maintain the bond, certificate of deposit, or letter of credit required by s. 537.005(3).

(m) Failing to timely pay any fee, charge, or fine imposed or assessed pursuant to this act or rules adopted under this act.

(n) Having a license or registration, or the equivalent, to practice any profession or occupation denied, suspended, revoked, or otherwise acted against by a licensing authority in any jurisdiction for fraud, dishonest dealing, or any act of moral turpitude.

(o) Having demonstrated unworthiness, as defined by commission rule, to transact the business of a title loan lender.

(2) Upon a finding by the office that any person has committed any of the acts set forth in subsection (1), the office may enter an order taking one or more of the following actions:

(a) Denying an application for licensure under this act.

(b) Revoking or suspending a license previously granted pursuant to this act.

(c) Placing a licensee or an applicant for a license on probation for a period of time and subject to such conditions as the office specifies.

(d) Issuing a reprimand.

(e) Imposing an administrative fine not to exceed $5,000 for each separate act or violation.

(3) If a person seeking licensure is anything other than a natural person, the eligibility requirements of this section apply to each direct or ultimate equitable owner of 10 percent or more of the outstanding equity interest of such entity and to each director, general partner, and executive officer.

(4) It is sufficient cause for the office to take any of the actions specified in subsection (2), as to any entity other than a natural person, if the office finds grounds for such action as to any member of such entity, as to any executive officer or director of the entity, or as to any person with power to direct the management or policies of the entity.

(5) Each licensee is subject to the provisions of subsection (2) for the acts of employees and agents of the licensee if the licensee knew or should have known about such acts.

(6) Licensure under this act may be denied or any license issued under this act may be suspended or restricted if an applicant or licensee is charged, in a pending enforcement action or pending criminal prosecution, with any conduct that would authorize denial or revocation under this section.

History.—s. 6, ch. 2000-138; s. 643, ch. 2003-261.

F.S. 537.006 on Google Scholar

F.S. 537.006 on Casetext

Amendments to 537.006

Arrestable Offenses / Crimes under Fla. Stat. 537.006

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 537.006.

Annotations, Discussions, Cases:

Cases Citing Statute 537.006

Total Results: 11

Joanne McCall, Senator Geraldine etc. v. Rick Scott, Governor of Florida, etc.

Court: District Court of Appeal of Florida | Date Filed: 2016-08-16

Citation: 199 So. 3d 359, 2016 Fla. App. LEXIS 12301, 2016 WL 4362399

Snippet: parent .or guardian via a state warrant. § 229.0537(6)(b), Fla. Stat. (1999) (repealed). Four years

Koren v. School District of Miami-Dade County

Court: District Court of Appeal of Florida | Date Filed: 2010-10-27

Citation: 46 So. 3d 1090, 2010 Fla. App. LEXIS 16299, 2010 WL 4226250

Snippet: adverse employment action. Gibbons, 702 So.2d at 537.6 *1097In Gibbons, the court found that the employee

Bush v. Holmes

Court: District Court of Appeal of Florida | Date Filed: 2004-11-12

Citation: 886 So. 2d 340, 2004 WL 2566078

Snippet: endorse the warrant to the private school. 229.0537(6)(b), Fla. Stat. (1999). The private schools participating

Ago

Court: Florida Attorney General Reports | Date Filed: 1985-08-12

Snippet: specifications of work to be performed. And see, s.489.537(6), F.S., authorizing municipalities or counties to

Price v. the Western Union Telegraph Co.

Court: Supreme Court of Florida | Date Filed: 1945-10-02

Citation: 23 So. 2d 491, 156 Fla. 406, 1945 Fla. LEXIS 875

Snippet: Western Union Telegraph Co. v. King, 61 Ga. App. 537,6 S.E.2d 368; 11 Am. Jur. pp. 70, 76, Commerce, Sec

Lasseter v. Shirey, Et Ux.

Court: Supreme Court of Florida | Date Filed: 1942-09-29

Citation: 9 So. 2d 730, 151 Fla. 361, 1942 Fla. LEXIS 1182

Snippet: the following cases: Scott v. Wellacott, 149 Fla. 537, 6 So.2d 622; DeBowes *Page 362 v. DeBowes, 149 Fla

Godson v. the Surf Club

Court: Supreme Court of Florida | Date Filed: 1942-05-26

Citation: 8 So. 2d 279, 150 Fla. 655, 1942 Fla. LEXIS 1046

Snippet: for appellee cite Scott v. Wellacott, 149 Fla. 537,6 So.2d 622. See also DeBowes v. DeBowes, 149 Fla

Hartford Fire Insurance v. Brown

Court: Supreme Court of Florida | Date Filed: 1935-04-04

Citation: 160 So. 657, 119 Fla. 610

Snippet: Fla. 886, 913, 7 So.2d 23, 28, 23 Am. St. Rep. 537; 6 L. R. A. 823; Hefner v. Northwestern Life Ins.

Capital City Bank v. Hilson

Court: Supreme Court of Florida | Date Filed: 1912-06-15

Citation: 64 Fla. 206

Snippet: 913, 7 South. Rep. 23, text 28, 23 Amer. St. Rep. 537, 6 L. R. A. 823; Hefner v. Northwestern Mut. Life

Brown v. Florida Chautauqua Ass'n

Court: Supreme Court of Florida | Date Filed: 1910-01-15

Citation: 59 Fla. 447

Snippet: Fla., 886, 7 South. Rep., 23, 23 Am. St. Rep., 537, 6 L. R. A., 823; Johnson v. McKinnon, 45 Fla., 388

Allen v. State

Court: Supreme Court of Florida | Date Filed: 1906-06-15

Citation: 52 Fla. 1

Snippet: v. State, 53 Miss. 439; Helm v. State, 66 Miss. 537; 6 South. Rep. 322; State v. McKee, 1 Bailey’s Law