69V-560.906. Consumer Credit Counseling Services

(1) The Office shall publish a list of consumer credit counseling agencies by October 1st of each calendar year via the Office’s website (www.flofr.com). The Office will accept requests from consumer credit counseling agencies to be included on the list on an ongoing basis and may periodically republish the list at its discretion. If the Office makes a decision to publish the list more often, a notice of such change will be posted on the Office’s website. The provider will then be responsible for making and distributing such additional copies of the list to all branch locations engaging in deferred presentment transactions.

(2) Every deferred presentment provider shall maintain a copy of the Office’s list of approved consumer credit counseling agencies and shall provide a copy of the list, free of charge, to any drawer who requests the grace period in accordance with the provisions of Section 560.404(22), F.S.

(3) The list shall consist of nonprofit agencies that provide consumer credit counseling services to Florida residents in person, by telephone, or through the internet and may be used by drawers to satisfy the requirements for obtaining a sixty (60) day grace period.

(4) In order to verify that a drawer has made an appointment with a consumer credit counseling agency, the provider may require the drawer to provide it with the name and telephone number of the agency with which the drawer has made the appointment.

(5)(a) If the drawer completes consumer credit counseling within sixty (60) days and chooses to enter into a contractual repayment plan, the drawer shall have until the end of the repayment plan to pay the deferred presentment provider the total amount owed in accordance with the terms of the repayment plan.

(b) A repayment plan should be based upon each drawer’s individual financial needs as assessed by the consumer credit counseling agency. The counseling agency shall exercise its discretion in arriving at the terms of a repayment plan and is not required to negotiate or obtain the approval of the deferred presentment provider regarding the terms of such repayment plan. A consumer credit counseling agency shall not reduce the amount owing on a deferred presentment agreement without the consent of the deferred presentment provider.

(c) Payments on such repayment plans may be made directly to the deferred presentment provider or to the consumer credit counseling agency depending upon the normal business practice of the counseling agency. Any payment in full by a drawer to a consumer credit counseling agency, made in accordance with the terms of the repayment agreement, shall be considered paid to the deferred presentment provider as of that date. The consumer credit counseling agency shall forward all such payments to the deferred presentment provider within thirty (30) days. Under no circumstances shall a consumer credit counseling agency hold or aggregate any such payments unless they have obtained the consent of the deferred presentment provider.

(6) In situations where a drawer has chosen to enter into a repayment plan, the drawer shall submit a copy of the repayment proposal affecting the provider to such provider not later than the 60th day after the end of the deferment period. A provider who has not received such a proposal may deposit or present the drawer’s check for payment in accordance with the provisions of subsection (8) of this rule.

(7) Upon the drawer’s completion of the debt repayment plan, the deferred presentment provider shall pay one-half of the drawer’s fee for the deferred presentment transaction to the consumer credit counseling agency as its contribution to the agency.

(8)(a) A provider may deposit or present the drawer’s check for payment or seek collection through any civil remedy allowed by Part IV of Chapter 560, F.S., at any time after the expiration of the sixty (60) day grace period if:

1. The drawer has failed to enter into a debt repayment plan within the sixty (60) day grace period; or

2. The drawer entered into and subsequently withdrew or defaulted on the debt repayment plan.

(b) A provider shall be limited to collecting only the face amount of the drawer’s check. The provider shall refund to the drawer any amount received by the provider in excess of the face amount of the drawer’s check. The calculation of this excess amount shall include all payments made by the drawer on the repayment plan and the total amount collected on the check.

Specific Authority 560.105, 560.404(23) FS. Law Implemented 560.404 FS. History–New 2-20-02, Formerly 3C-560.906, Amended 7-15-07, 1-13-09.