The 2023 Florida Statutes (including Special Session C)

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

Chapter 520
RETAIL INSTALLMENT SALES

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F.S. 520.32

520.32 Licenses.—

(1) A person may not engage in or transact the business of a retail seller engaging in retail installment transactions as defined in this part or operate a branch of such business without a license, except that a license is not required for:

(a) A retail seller whose retail installment transactions are limited to the honoring of credit cards issued by dealers in oil and petroleum products licensed to do business in this state.

(b) A person licensed by the office under part I. This paragraph exempts only a person licensed under part I from the licensure requirements of this section. This paragraph does not exempt the licensee from the other sections of this part, and any violations of those sections may subject the licensee to disciplinary action.

(2) An application for a license under this part must be submitted to the office in such form as the commission may prescribe by rule. The commission may require each applicant to provide any information reasonably necessary to determine the applicant’s eligibility for licensure. The applicant shall also provide information that the office requires concerning any officer, director, control person, member, partner, or joint venturer of the applicant or any person having the same or substantially similar status or performing substantially similar functions or any individual who is the ultimate equitable owner of a 10-percent or greater interest in the applicant. The office may require information concerning any such applicant or person, including his or her full name and any other names by which he or she may have been known, age, social security number, residential history, qualifications, educational and business history, and disciplinary and criminal history. If the office determines that an application should be granted, it shall issue the license for a period not to exceed 2 years. A nonrefundable application fee of $175 shall accompany an initial application for the principal place of business and each application for a branch location of a retail installment seller. An application is considered received for purposes of s. 120.60 upon receipt of a completed application form as prescribed by commission rule, a nonrefundable application fee of $175, and any other fee prescribed by law.

(3) The nonrefundable renewal fee for a retail seller license shall be $175. Biennial licensure periods and procedures for renewal of licenses may also be established by the commission by rule. A license that is not renewed at the end of the biennium established by the commission shall revert from active to inactive status. An inactive license may be reactivated within 6 months after becoming inactive upon filing a completed reactivation form, payment of the nonrefundable renewal fee, and payment of a reactivation fee equal to the nonrefundable renewal fee. A license that is not reactivated within 6 months after becoming inactive automatically expires.

(4) A licensee may not transact business as a retail installment seller except under the name by which it is licensed. A license issued under this part is not transferable or assignable.

(5) The office may deny an initial application for a license under this part if the applicant or any officer, director, control person, member, partner, or joint venturer of the applicant is the subject of a pending criminal prosecution or governmental enforcement action, in any jurisdiction, until conclusion of such criminal prosecution or enforcement action.

(6) Each seller shall designate and maintain an agent in this state for service of process.

History.—s. 3, ch. 59-414; s. 2, ch. 63-547; ss. 12, 35, ch. 69-106; s. 138, ch. 71-355; s. 3, ch. 73-276; s. 3, ch. 73-326; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 1, ch. 79-114; s. 151, ch. 79-164; ss. 7, 21, ch. 80-256; s. 2, ch. 81-318; s. 5, ch. 82-70; s. 6, ch. 87-91; ss. 11, 35, 36, ch. 90-103; s. 4, ch. 91-429; s. 11, ch. 99-164; s. 623, ch. 2003-261; s. 43, ch. 2006-213; s. 70, ch. 2012-181.

F.S. 520.32 on Google Scholar

F.S. 520.32 on Casetext

Amendments to 520.32

Arrestable Offenses / Crimes under Fla. Stat. 520.32

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 520.32.

Annotations, Discussions, Cases:

Cases from cite.case.law:

COLUMBIA GAS TRANSMISSION, LLC, v. ACRES, No., 188 F. Supp. 3d 500 (W.D. Pa. 2016)

. . . COLUMBIA GAS TRANSMISSION, LLC, Plaintiff, v. 520.32 ACRES, More or Less, in Washington and Greene Counties . . .

In FAMISARAN, 224 B.R. 886 (Bankr. N.D. Ill. 1998)

. . . In addition, he incurred expenses in the sum of $520.32. . . . Fruehauf also seeks his reasonable expenses in the sum of $520.32. . . .

DEPARTMENT OF BANKING AND FINANCE, STATE OF FLORIDA, v. CREDICORP, INCORPORATED, CREDICORP, INCORPORATED, v. DEPARTMENT OF BANKING AND FINANCE, STATE OF FLORIDA,, 684 So. 2d 746 (Fla. 1996)

. . . MAY NOT BE COMPELLED TO BE LICENSED IN FLORIDA AS A RETAIL INSTALLMENT SALES COMPANY UNDER SECTION 520.32 . . . We answer the first certified question in the affirmative and uphold section 520.32, Florida Statutes . . . Section 520.32 provides in material part: (1) A person may not engage in or transact the business of . . . Id. § 520.32(3). This license was clearly intended to reach mail-order sales. Id. § 520.36. . . . We quash the decision of the district court on the constitutionality of section 520.32. . . .

CREDICORP, INCORPORATED, a W. v. STATE DEPARTMENT OF BANKING AND FINANCE,, 659 So. 2d 376 (Fla. Dist. Ct. App. 1995)

. . . presented here, I agree with the majority that the finding and penalty with respect to the section 520.32 . . . , the loan broker statutes treat out-of-state retail installment sellers not subject to the section 520.32 . . . (1) license tax differently from local retail installment sellers who are subject to the 520.32(1) tax . . . such as Credicorp because it forces them to make a choice: they must either pay the unconstitutional 520.32 . . . that the loan broker statutes meet constitutional scrutiny because Credicorp could pay the section 520.32 . . . MAY NOT BE COMPELLED TO BE LICENSED IN FLORIDA AS A RETAIL INSTALLMENT SALES COMPANY UNDER SECTION 520.32 . . . charged with violating the licensing provisions for retail installment contractors found in section 520.32 . . . Although the licensing provision in section 520.32(2) requires each retail installment seller to pay . . . a “non-refundable application fee not exceeding $200” and section 520.32(3) further requires payment . . . The licensing provision in section 520.32 involves a local concern that the state has the power to regulate . . . Section 520.32, Florida Statutes, provides in material part: (1)A person may not engage in or transact . . .

TYSON v. NORTON,, 390 F. Supp. 545 (D. Conn. 1975)

. . . .-31-520.32. . . . Since the proposed new handbook contains no regulation tracking FS-520.31-520.32, the target of the constitutional . . . FS-520.31-520.32 will be held in abeyance, pending further clarification of whether there is a regulation . . .