(1) Debt cancellation products may be offered, and a fee may be charged, by financial institutions and subsidiaries of financial institutions subject to this section and the rules and orders of the commission or office. As used in this section, the term “financial institutions” includes those defined in s. 655.005, insured depository institutions as defined in 12 U.S.C. s. 1813, and subsidiaries of such institutions.
(2) A financial institution shall manage the risks associated with debt cancellation products in accordance with prudent safety and soundness principles. A financial institution shall establish and maintain effective risk management and control processes over its debt cancellation products and programs. Such processes shall include appropriate recognition and financial reporting of income, expenses, assets, and liabilities and appropriate treatment of all expected and unexpected losses associated with the products. Each financial institution shall also assess the adequacy of its internal control and risk mitigation activities in view of the nature and scope of its debt cancellation products and programs.
(3) The commission shall adopt rules pursuant to ss. 120.536(1) and 120.54 to administer this section, which rules must be consistent with 12 C.F.R. part 37, as amended.
(4) For the purposes of this section and any rules adopted pursuant to this section, a periodic payment option is not required to be offered for any debt cancellation product designed to protect a customer against a deficiency between the outstanding loan or lease amount and the value of the motor vehicle that is used as collateral for the loan or lease.
History.—s. 10, ch. 2008-75; s. 14, ch. 2011-194.
Structure Florida Statutes
Title XXXVIII - Banks and Banking
Chapter 655 - Financial Institutions Generally
655.001 - Purpose; Application.
655.012 - General Supervisory Powers; Rulemaking; Seal.
655.013 - Effect on Existing Financial Institutions.
655.015 - Construction; Standards to Be Observed by Commission and Office.
655.016 - Liability When Acting Upon Rule, Order, or Declaratory Statement.
655.017 - Local Regulation Preempted.
655.0201 - Service of Process, Notice, Levy, or Demand on Financial Institutions.
655.031 - Administrative Enforcement Guidelines.
655.032 - Investigations, Subpoenas, Hearings, and Witnesses.
655.0321 - Restricted Access to Certain Hearings, Proceedings, and Related Documents.
655.0322 - Prohibited Acts and Practices; Criminal Penalties.
655.033 - Cease and Desist Orders.
655.037 - Removal of a Financial Institution-Affiliated Party by the Office.
655.0385 - Disapproval of Directors and Executive Officers.
655.03855 - Provisional Directors and Executive Officers.
655.0386 - Transactions With Financial Institution-Affiliated Parties.
655.0391 - Retention of Supervision by Office.
655.0392 - Place of Transacting Business.
655.041 - Administrative Fines; Enforcement.
655.043 - Articles of Incorporation; Amendments; Approval.
655.044 - Accounting Practices; Bad Debts Ineligible to Be Carried as Assets.
655.045 - Examinations, Reports, and Internal Audits; Penalty.
655.047 - Assessments; Financial Institutions.
655.049 - Deposit of Fees and Assessments.
655.057 - Records; Limited Restrictions Upon Public Access.
655.059 - Access to Books and Records; Confidentiality; Penalty for Disclosure.
655.0591 - Trade Secret Documents.
655.061 - Competitive Equality With Federally Organized or Chartered Financial Institutions.
655.071 - International Banking Facilities; Definitions; Notice Before Establishment.
655.411 - Conversion of Charter.
655.412 - Merger and Consolidation.
655.414 - Acquisition of Assets; Assumption of Liabilities.
655.416 - Book Value of Assets.
655.417 - Effect of Merger, Consolidation, Conversion, or Acquisition.
655.418 - Nonconforming Activities; Cessation.
655.50 - Florida Control of Money Laundering and Terrorist Financing in Financial Institutions Act.
655.51 - Employment Information.
655.56 - Collection of Fines, Interest, or Premiums on Loans Made by Financial Institutions.
655.769 - Definitions of Terms Used in Ss. 655.77-655.91.
655.78 - Deposit Accounts in Two or More Names.
655.79 - Deposits and Accounts in Two or More Names; Presumption as to Vesting on Death.
655.80 - Convenience Accounts.
655.82 - Pay-on-Death Accounts.
655.825 - Deposits in Trust; Applicability of S. 655.82 in Place of Former S. 655.81.
655.83 - Adverse Claim to a Deposit or Fiduciary Account.
655.84 - Limitations; Statements as Correct.
655.85 - Settlement of Checks.
655.851 - Unclaimed Credit Balances.
655.86 - Issuance of Postdated Checks.
655.89 - Legal Holidays; Business Days; Business and Transactions.
655.90 - Closing During Emergencies and Other Special Days.
655.91 - Records of Institutions and Copies Thereof; Retention and Destruction.
655.921 - Transaction of Business by Out-of-State Financial Institutions; Exempt Transactions.
655.922 - Banking Business by Unauthorized Persons; Use of Name.
655.93 - Definitions for Ss. 655.93-655.94.
655.931 - Authority to Engage in Safe-Deposit Business.
655.933 - Access by Fiduciaries.
655.934 - Effect of Lessee’s Death or Incapacity.
655.935 - Search Procedure on Death of Lessee.
655.937 - Access to Safe-Deposit Boxes Leased in Two or More Names.
655.938 - Adverse Claims to Contents of Safe-Deposit Box.
655.939 - Limiting Right of Access for Failure to Comply With Security Procedures.
655.94 - Special Remedies for Nonpayment of Rent.
655.942 - Standards of Conduct; Institutions.
655.943 - Applications; Verification.
655.946 - Single Interest Insurance Placed by Financial Institutions.
655.947 - Debt Cancellation Products.
655.948 - Significant Events; Notice Required.
655.949 - Personnel; Qualifications.
655.954 - Financial Institution Loans; Credit Cards.
655.955 - Liability of Financial Institution to Third Parties.
655.960 - Definitions; Ss. 655.960-655.965.
655.961 - Violation of Specified Provisions Not Negligence per Se.
655.962 - Lighting; Mirrors; Landscaping.
655.965 - Preemption; Prohibition.
655.966 - Automated Teller Machine; Surcharge Disclosure.
655.967 - State-Funded Endowments.
655.968 - Financial Institutions; Transactions Relating to Iran or Terrorism.