§ 22-306. Violations and penalties.

(a)

The following acts are violations of this article and shall constitute grounds for disciplinary action:

(1)

Failure to comply with any provision of this article, rule adopted under this article by the division or any written agreement entered into with the division.

(2)

Fraud, misrepresentation, deceit or gross negligence in any title loan transaction.

(3)

Fraudulent misrepresentation, circumvention, or concealment of any matter required to be stated or furnished to a consumer pursuant to this article.

(4)

Willful imposition of illegal charges on any title loan transaction.

(5)

False, deceptive, or misleading advertising by a licensee.

(6)

Failure to maintain, preserve and keep available for examination, all books, accounts, or other documents required by this article, state or federal law, or by any agreement entered into with the division.

(7)

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

(8)

Refusal to permit inspection of books or records in an investigation or examination by the division or refusal to comply with a subpoena issued by the division or the Okeechobee County Code Enforcement Board.

(9)

Criminal conduct in the course of a licensee's business as a title lender.

(10)

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

(11)

Making any agreement requiring or allowing for the personal liability of a pledge or the waiver of any of the provisions of this article.

(12)

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.

(13)

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 value of the motor vehicle. The division shall determine the method of assessing the value of the pledged property.

(14)

Failure to exercise reasonable care in the safekeeping of the certificate of title or motor vehicle repossessed pursuant to this article.

(15)

Failure to return the certificate of title or motor vehicle taken into possession to a borrower, with any and all of the title lender's liens on the property properly released, within 30 days of the payment of the full amount due, unless the 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.

(16)

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

(17)

Engaging in business as a title lender without first securing the required license.

(18)

Refusing to accept partial repayment of the amount financed when ail accrued finance charges have been paid.

(19)

Charging a prepayment penalty.

(20)

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

(21)

Acting as a title loan lender in the county six months after the effective date of this article without a current, active license issued by the division pursuant to this article.

(22)

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

a.

To knowingly or willingly employ any devise, 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 sale of any title loan;

c.

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

(23)

In any manner within the jurisdiction of the division, to knowingly and willfully falsify, conceal or cover up by a trick, scheme or device a material fact, make any false or 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.

(24)

Commission of fraud, misrepresentation, concealment, dishonest dealing by trick, scheme or device, culpable negligence, or breech of trust in any title loan transaction in Okeechobee County; or aiding assisting, or conspiring with any other person engaged in any such misconduct and in furtherance thereof.

(b)

Upon a finding by the division that the licensee or applicant has committed any of the acts set forth in subsection (a) hereof, the division may enter an order and take one or more of the following actions:

(1)

Deny the application for a license pursuant to this article.

(2)

Revoke or suspend a license previously granted pursuant to this article.

(3)

Place a licensee or applicant for a license on probation for a period of time and subject to such conditions as the division may specify.

(4)

Issue a letter of concern or reprimand.

(5)

Place permanent restrictions or conditions upon issuance or maintenance of a license pursuant to this article.

(6)

Impose an administrative fine not to exceed $2,500.00 for each violation of this article.

(7)

The division shall be entitled to a reasonable attorney's fee, including appellate fees and costs, in an, action successfully enforcing any fine imposed under this article.

(c)

When the division has reasonable cause to believe that a licensee is operating in violation of this article, it may bring a civil action in any court of competent jurisdiction to enforce or administer this article including a temporary or permanent injunction, or appointment of a receiver.

(Ord. No. 99-07, § 1, 8-12-99)