Ordinance 023-2000 Commissioner Nora Williams
023
ORDINANCE NO. 2000
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, REGULATING MOTOR VEHICLE TITLE LOAN TRANSACTIONS;
PROVIDING FOR MOTOR VEHICLE TITLE LOAN TRANSACTIONS; PROVIDING
DEFINITIONS; PROVIDING FOR MAXIMUM INTEREST RATE; PROVIDING FOR
TRANSACTION SATISFACTION AND DEFAULT; PROVIDING FOR LICENSES; PROVIDING
FOR VIOLATIONS AND PENALTIES; PROVIDING FOR ADDITIONAL REMEDY TO
BORROWER; PROVIDING FOR PRIVATE RIGHT OF ACTION; PROVIDING FOR
TRANSITION PERIOD FOR REGULATIONS, RESTRICTIONS, AND LICENSURE PROVISIONS;
PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, Section 538.17, Florida Statutes permits political subdivisions of the State of Florida
to enact laws more restrictive than the provisions of Chapter 538, Part 1, Florida Statutes; and
WHEREAS, the County Commissioners find that consumers in Monroe County are in need of
greater consumer protection for motor vehicle title loan transactions than are provided in Chapter
538, Part 1, Florida Statutes; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Section of the Monroe County Code is hereby amended by the
addition of the following:
MOTOR VEHICLE TITLE LOANS
(A) Definitions.
(1) Secondhand dealer has the same meaning as used in Section 538.03(1)(a), Florida
Statutes, as it may be amended from time to time.
(2) Title Loan means a loan of money secured by bailment of a certificate of title to a
motor vehicle.
(3) Title Loan Agreement means a written agreement whereby the title loan lender
agrees to make a loan of a specific sum of money to the owner of a motor vehicle, and the
owner of the motor vehicle agrees to give the title loan lender a security interest in a motor
vehicle certificate of title owned by the borrower and encumbered only by a title loan
agreement.
(4) Title Loan Lender means any person who is engaged in the business..pf making title
loans or engaging in title loan agreements with an owner of a motor vehicle,E4h101 i cncfbde�
but is not limited to, secondhand dealers, as defined in Chapter 538, Florida ?gt tes,g? mp
be amended. ` • ` "'
a. 1,1
MOTOR VEHICLE TITLE LOAN TRANSACTIONS. A secondhand dealer. `gis:&ere$) unzier
Chapter 538, Part 1, Fla. Stat., may engage in motor vehicle title loan transacting th ter is
used in Chapter 538, Part 1, Fla. Stat., if the following conditions are met: r r' . ni
�- ri o c
0
(A) the secondhand dealer maintains physical possession of the motor vehicle certificate
of title throughout the term of the loan; and
(B) the borrower maintains possession of, or control over, the motor vehicle throughout
the term of the loan; and
(C) the borrower is not required to pay rent or any other charge for the use of the motor
vehicle; and
(D) the secondhand dealer delivers to the borrower, at the time a loan is made, a
statement showing the loan amount, origination date, maturity date, finance charges, a
description of the security, the name and address of the borrower and the secondhand
dealer, the rate of interest expressed in terms of Annual Percentage Rate, the total number of
Payments required, and the total amount required to be paid over the life of the loan. In the
event the borrower has a right to renew the loan, the secondhand dealer must deliver a
statement with the information required herein for each renewal; and
(E) the title loan agreement contains the following statement printed in not less than 14
point type:
(1) Your vehicle has been pledged as security for this loan and if you do not repay
this loan in full, including the finance charge, YOU WILL LOSE YOUR VEHICLE.
(2) You are encouraged to repay this loan at the end of the 30 day period. The
lender is not required to extend or renew your loan. It is important that you plan your
finances so that you can repay this loan as soon as possible.
(3) THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE THIS LOAN
TRANSACTION IF YOU HAVE THE ABILITY TO BORROW FROM ANOTHER SOURCE AT A
RATE LOWER THAN TWO AND ONE-HALF PERCENT (2-1/2%) PER MONTH OR AN ANNUAL
PERCENTAGE RATE OF THIRTY PERCENT (30%).
(4) The borrower represents and warrants that the motor vehicle and the
certificate of title is not stolen, it has no liens or encumbrances against it, the borrower
has the right to enter into this transaction, and the borrower will not attempt to sell the
motor vehicle or apply for a duplicate title while the title loan agreement is in effect,
and that doing so will be a violation of law.
(5) If you are a member of the Armed Forces of the United States of America, you
may be eligible for financial assistance. You are urged to explore these options with a
representative of your commanding officer.
(6) Immediately above the signature of the borrower the statement that "I, the
borrower declare that the information I have provided is true and correct and I have
read and understand the foregoing document."
(7) A blank line for the signature of the borrower.
(F) The secondhand dealer must display, in a prominent place in the title loan premises,
for customer viewing, a sign no smaller than three feet by five feet (3' x 5') with the following
message written in letters no less than two inches (2") high:
2
"IF YOU RECEIVE A TITLE LOAN, YOUR VEHICLE WILL BE PLEDGED AS SECURITY FOR THE LOAN. IF
YOU DO NOT REPAY THIS LOAN IN FULL, INCLUDING ALL FINANCE CHARGES, YOU WILL LOSE
YOUR VEHICLE.
THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE THIS LOAN TRANSACTION IF
YOU HAVE THE ABILITY TO BORROW FROM ANOTHER SOURCE AT A RATE LOWER THAN TWO AND
ONE-HALF PERCENT (2-1/2%) PER MONTH OR AN ANNUAL PERCENTAGE RATE OF THIRTY
PERCENT (30%).
MEMBERS OF THE UNITED STATES ARMED SERVICES MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
AND YOU ARE URGED TO EXPLORE ALL OPTIONS WITH A REPRESENTATIVE OF THEIR
COMMANDING OFFICER.
II. MAXIMUM INTEREST RATE. A title loan lender who engages in title loan transactions may not
exceed the following interest rates:
(A) A title loan lender may charge a maximum interest rate of two and one-half percent
(2-1/2%) per thirty (30) day period the title loan agreement remains outstanding and
unsatisfied provided, however, that said maximum interest rate shall not exceed a maximum
annual interest rate of thirty percent (30%). In determining compliance with the maximum
interest and finance charges, the computation must be simple interest and not add-on
interest or any other interest computation.
(B) The annual percentage rate that may be charged in a motor vehicle title loan may
equal, but not exceed, the annual percentage rate that must be computed and disclosed as
required by the Federal Truth in Lending Act and Regulation Z of the Board of Governors of
the Federal Reserve System. When the period for which the charge is computed is more or
less than one month, the maximum rate for the period must be computed on a basis of less
than one month, the maximum rate for the period must be computed on a basis of 1/30 the
applicable monthly interest rate, multiplied by the number of days of the period.
(C) Any transaction involving a borrower's delivery of a motor vehicle certificate of title in
exchange for the advancement of funds on the condition that the borrower shall or may
redeem or repurchase the certificate of title upon the payment of a sum of money, whether
the transaction be characterized as a "buy-sell agreement," "sale-leaseback agreement," or
otherwise, shall be deemed a violation of this ordinance if such sum exceeds the amount that
a title loan lender may collect in a title loan agreement under this ordinance or if the terms of
the transaction otherwise conflict with the permitted terms and conditions of a title loan
agreement under this ordinance.
(D) No charges, including interest, in excess of the combined total of all charges
permitted by this section shall be allowed. Notwithstanding the foregoing, a title loan lender
may charge a one-time fee equivalent to the amount actually paid by the title loan lender
to record a lien securing the title loan lender's interest in the motor vehicle certificate of title
owned by the borrower.
III. TRANSACTION SATISFACTION AND DEFAULT.
(A) When the title loan has been paid in full, the title loan lender must deliver to the
borrower a certificate of title clear of all encumbrances placed upon the title by the title loan
lender within 30 days of such payment in full.
(B) A title loan lender who engages in title loan transactions may take possession of the
motor vehicle upon the borrowers default under the title loan agreement. Unless the
3
borrower voluntarily surrenders the motor vehicle, the title loan lender may only take
possession of a motor vehicle through an agent licensed by the State of Florida to repossess
motor vehicles.
(C) A title loan lender who takes possession of a motor vehicle pursuant to this section
shall comply with the applicable requirements of Chapter 679, Part V, Florida Statutes.
(D) Disposition of the collateral or motor vehicle may be by a public or private
proceeding and may be made by way of one or more contracts. Sale or other disposition
may be as a unit or in parts and at any time and place and on any terms, but every aspect
of the disposition including the method, manner, time, place and terms including surplus of
the debt must be commercially reasonable.
IV. LICENSES.
(A) No title loan lender may engage in business as a title loan lender three months after
the effective date of this ordinance unless the title loan lender has a valid license issued by
Monroe County. A separate license will be required for each physical location of title loan
business. The Monroe County Planning Department shall issue more than one license to an
applicant if that applicant complies with the requirements of this Part for each license.
(B) An application for a license pursuant to this Part must be submitted to the Director of
Planning on such form as the Planning Department may prescribe. If the Planning
Department determines that an application should be granted, it shall issue the license for a
period not to exceed two years. A non-refundable application and license fee not
exceeding $500.00 shall accompany an initial application for each title loan location.
(C) The Planning Department shall charge a biennial renewal fee of $500.00. A license
that is not renewed at the end of each two-year period shall automatically become inactive.
An inactive license may be reactivated within 90 days after the date it became inactive
upon a submission of a completed reactivation form and payment of a reactivation fee not
exceeding $200.00 and a biennial license fee of $500.00. No inactive license may be
reactivated after 90 days.
(D) Each license must specify the location for which it is issued and must be conspicuously
displayed at that location. When a licensee wishes to move a title loan office to another
location the licensee shall give 30 days prior written notice to the Planning Department by
certified or registered mail, return receipt requested, and the Planning Department shall then
amend the license accordingly. A license issued pursuant to this Part is not transferable or
assignable.
(E) Books, accounts and records; maintenance and examinations by the Planning
Department.
(1) Each licensee shall maintain, at the principal place of business designated on
the license, all books, accounts, records, and documents necessary to determine the
licensee's compliance with this Part.
(2) The Planning Department may authorize maintenance of records at a location
other than a principal place of business. The Planning Department may require books
and records to be produced and available at a reasonable and convenient location
within Monroe County.
4
(3) All books, accounts, records, documents and receipts for expenses paid by the
licensee on behalf of the borrower, including each contract signed by the borrower
and expenses incurred by the licensee in the event of foreclosure and property
recovery, will be preserved and kept available for examination by the Planning
Department for two years after the date of original entry.
(4) The Planning Department may prescribe by rule the minimum information to
be shown in the books, accounts, records, and documents of licensees so that such
records will enable the department to determine the licensee's compliance with this
Part.
(F) Each licensee shall designate and maintain an agent in this state for service of
process.
(G) A licensee must apply to the Planning Department for a new license upon a change in
ownership of 25% or more by a natural-person in any title loan location or office. No
application for a license or an application for transfer of an existing license is required for any
change directly, or beneficially, in the ownership of a title loan location if one or more of the
holders of at least 75 percent of the outstanding equity interest in the title loan location or
office before the change in ownership continue to hold at least 75 percent of the
outstanding equity interest in the title loan location or office after the change in ownership.
(H) To be eligible for a title loan lending license, an applicant shall:
(1) Not have been convicted of a felony within the last ten years or be acting in
behalf of a beneficial owner who has been convicted of a felony within the last ten
years.
(2) Not have been convicted, and not acting in behalf of a beneficial owner who
has been convicted, of a crime that the Director of Planning finds directly related to
the duties and responsibilities of a title loan lender within the past ten years.
(I) The Planning Department shall determine the form of the license.
(J) No part of this ordinance may be construed to impair of affect the obligation of any
title loan agreement which was lawfully entered into prior to the effective date of this
ordinance.
(K) Licensees shall report changes in address, location of records, and any change of an
executive officer within 30 days of the change.
V. VIOLATIONS AND PENALTIES.
(A) The following acts are violations of this Part and shall constitute grounds for disciplinary
action:
(1) Failure to comply with any provision of this Part, rule adopted under this Part by
the Planning Department or any written agreement entered into with the Planning
Department.
(2) Fraud, misrepresentation, deceit or gross negligence in any title loan
transaction.
5
(3) Fraudulent misrepresentation, circumvention, or concealment of any matter
required to be stated or furnished to a consumer pursuant to this Part.
(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 Part, state or federal law, or by any
agreement entered into with the Planning Department.
(7) Aiding, abetting, or conspiring with an individual to circumvent or violate any
of the requirements of this Part or state or federal law.
(8) Refusal to permit inspection of books or records in an investigation or
examination by the Planning Department or refusal to comply with a subpoena issued
by the Planning Department or the Monroe County Code Enforcement Department or
Special Master.
(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 Part.
(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 Planning Department 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 Part.
(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 Part.
(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 all accrued
finance charges have been paid.
6
(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 ordinance without a current, active license issued by the Planning Department
pursuant to this Part.
(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) Knowingly or willingly employing any devise, scheme or article to defraud,
(b) Engaging 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) Obtaining property by fraud, willful misrepresentation of a future act or
false promise.
(23) In any manner within the jurisdiction of the Planning Department to knowingly
and willfully falsify, conceal or cover up by a trick, scheme or devise a material fact,
make any false or fraudulent statement or misrepresentation, 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 devise, culpable negligence, or breach of trust in any title loan
transaction in Monroe 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 Code Enforcement Special Master that the licensee or
applicant has committed any of the acts set forth in subsection (A) hereof, the Special Master
may enter an order and take one or more of the following actions:
(1) Deny the application for a license pursuant to this ordinance.
(2) Revoke or suspend a license previously granted pursuant to this Part.
(3) Place a licensee or applicant for a license on probation for a period of time
and subject to such conditions as the Planning Department 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 ordinance.
(6) Impose an administrative fine not to exceed $2500 for each violation of this
Part.
•
(7) The Monroe County Code Enforcement Department shall be entitled to a
reasonable attorney's fee, including appellate fees and costs, in an action
successfully enforcing any fine imposed under this Part.
7
(C) When the Monroe County Code Enforcement Department has reasonable cause to
believe that a licensee is operating in violation of this Part, it may bring a civil action in any
court of competent jurisdiction to enforce or administer this Part including a temporary or
permanent injunction, or appointment of a receiver.
VI. ADDITIONAL REMEDY TO BORROWER, PRIVATE RIGHT OF ACTION. Any borrower injured by a
violation of this Part may bring an action for recovery of damages including twice the interest
previously paid and the forfeiture of all interest charged or contracted to be charged or reserved.
Said borrower may recover reasonable attorney's fees and costs of such action. An award may be
entered for punitive damages. The remedies provided for under this part are in addition to any other
procedures or remedies for any violation provided in any other law or ordinance.
VII. TRANSACTION PERIOD FOR REGULATIONS, RESTRICTIONS, AND LICENSURE PROVISIONS.
Each title loan lender operating on the effective date of this ordinance shall have three months from
the effective date of this ordinance to comply with the regulations, restrictions, and licensure
provisions of this part before the Monroe County Code Enforcement Department may initiate any
administrative or civil action, or refer a matter for criminal prosecution.
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3, All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform numbering system of the Code.
Section 5. This ordinance shall take effect immediately upon receipt of official notice
from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with
said Office.
PASSED ANDADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Board held on the 15th day of March , 2000.
Mayor Shirley Freeman yes
Commissioner Wilhelmina Harvey yes
_ Commissioner George Neugent not present
.�,iS). .„ mmissioner Mary Kay Reich no , ,
c✓ yes
/, �`�r3 pmissioner Nora Williams
fa!�� °)� aka
'',`� • r,,,_ 4 k: - q BOARD OF COUNTY COMMISSIONERS
t �-.-i
,; VW, lt'Pq;^, iJ L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
411,1.L6 ,0-FAXedi---,r,vi:,.,,,.,-,,.--:..::c:- ....,..a
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Depu Clerk M or/Chairperson
jordvcartitle
APPROVE FORM
AND F NCY
BY
TTORNEY'S OFFICE
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KEYNOTER
Published Twice Weekly
Marathon, Monroe County, Florida •
• PROOF OF PUBLICATION
STATE OF FLORIDA
,
DA no.0223700 1
COUNTY OF MONROE ' NOTICE OF INTENTION TO
CONSIDER ADOPTION OF'.
COUNTY ORDINANCE; . '
Before the undersigned authority person- NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
ally appeared WAYNE MARKHAM who on on2000W,edn 3:00 PM atr the M
oath, says that he is PUBLISHER of the Overs ov asaHghwayenMarathon,,'
FLORIDA KEYS KEYNOTER, a twice •
: Monroe of County Commission-
weekly
newspaper published in Marathon, ers of Monroe County, Florida,
intends to consider,the adop-,
in Monroe County, Florida: that the tion of the following County or-1
• ' dinance:
attached copy of advertisement was , AN ORDINANCE OF THE
published in said newspaper in the issues I BOARD OF COUNTY COMMISSIONERS OF MONROE COON=
of: (date(s) of publication) TY. FLORIDA, REI I F I CIAN
MOTOR, L RIDA I F EG F 1(]AN
Continued on the
Nf� n�// ayi/ Next Column!
TRANSACTIONS; PROVIDING proceedings is made,which re-
FOR MOTOR VEHICLE.TITLE cord includes the testimony and
MU-A
t17f � LOAN TRANSACTIONS; PRO- evidence upon which the appeal
VIDING DEFINITIONS; PRO- is to be based.
VIDING FOR MAXIMUM•IN-
TEREST RATE; PROVIDING Copies of the above-referenced
FOR TRANSACTION SATIS- ordinance are available for re-
Affiant further says that the said FLORIDA FACTION.AND DEFAULT;PRO- view at'the various public librar-
y VIDING,FOR LICENSES; PRO- ies in Monroe County,Florida.
KEYS KEYNOTER is a newspaper published , PENALTIEOS; PROVIDING NS FOR Dated at Key West,Florida,this•
at Marathon, in said Monroe County . ADDITIONAL REMEDY TO 15th day of February,2000.
'• BORROWER; PROVIDING FOR -
PRIVATE RIGHT OF ACTION; DANNY L.KOLHAGE,
Florida, and that the said newspaper has PROVIDING FOR TRANSITION Clerk of the Circuit Court
-PERIOD FOR• REGULATIONS, and ex officio Clerk of the Board
heretofore been continuously published in RESTRICTIONS, AND LICEN- . of County Commissioners of
SURE PROVISIONS; PROVID- Monroe County,Florida
said Monroe County, Florida, twice each ING FOR PENALTIES;PROVID •
-
ING FOR SEVERABILITY;PRO- Publish February 26,March 4,
week (on Wednesday and Saturday) and VIDING FOR THE REPEAL OF 2000.
ALL ORDINANCES INCONSIS- Florida Keys Keynoter •
has been entered as a second class mail TENT HEREWITH; PROVIDING —
F9R INCORPORATION- INTO•
matter at the post office in Marathon, in THE MONROE.COUNTY CODE
OF ORDINANCES; AND PRO •
Monroe County, Florida, for a period of VIDING AN EFFECTIVE DATE.
one year next preceding the first Pursuant to Section 286.0105,
Florida Statutes,notice is,given
publication of the attached copyof I that if a person decides to ap-
peal any decision made by the
Board with respect to any mat-
advertisement. The affiant further says .ter considered at the hearing,he
will heed a record of the pro-
that he has neither paid nor promised any ceedings,and that,for such pur-
pose, he may need to ensure
person, firm, or corporation any discount, thAt a verhatim iarnrd of the
Continued on the
rebate, commission or refund for the -_ Next Column p Q o
purpose of securing this advertisement for � � .• r=
publication in the said newspaper(s) and n1�;_r f.
that The Florida Keys Keynoter is in full ac--): 1 . .11
compliance with Chapter 50 of the Florida may; o
State Statutes on Legal and Official -f c)
Advertisements. 7, ('�= nit
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S r and s i ri ed be ore me
this ay o , 2000
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• ITIZEN
3420 Northside Drive Key West Fl. 33040 Office 305-294-6641 Fax 305-294-0768
Published Daily
Key West,Monroe County,Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is director of the Advertising Department of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the attached copy of
vertisement, being a legal notice in the matter of
In the -Court,-was-published-in-said-newspaper in the issues of
Affiant further says that the Key West Citizen is a newspaper published in Key West, in
said Monroe County, Florida and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida each day (except Saturdays) and
has been entered as second-class mail matter at the post office in Key West, in said
Monroe County, Florida, for a period of 1 year next preceeding the first publication of
the attached copy of advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate, commission or refund for
the purpose of securing this advertisement for publication in the said new aper.
Signature of Affiant
Sworn and subscribed before me this day of \\ kkDIV-- , 2000
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NOTICE'OF INTENTION TO CON-I
SIDER ADOPTION OF COUNTY
ORDINANCE
NOTICE .IS HEREBY GIVEN TO1
WHOM IT MAY CONCERN that on;
Wednesday, March 15,2000 at 3:00
PM at the Marathon Government
(Center, 2798 Overseas Highway,
'Marathon, Monroe County, Florida.'
'The Board of County Commissioners'
of Monroe County intends to consid-
er the adoption of the following
,County ordinance: '
AN ORDINANCE OF THE BOARD
IOF COUNTY COMMISSIONERS OF'
MONROE COUNTY,FLORIDA,
/ REGULATING MOTOR VEHICLE
TITLE LOAN TRANSACTIONS;
PROVIDING DEFINITIONS;PRO-
VIDING FOR MAXIMUM INTEREST'
RATE;PROVIDING FOR TRANS- '
ACTIONS SATISFACTION AND DE-
FAULT;.PROVIDING FOR LICENS-
ES;PROVIDING FOR'VIOLATIONS
'AND PENALTIES;PROVIDING FOR
ADDITIONAL REMEDY TO BOR-
• ROWER; PROVIDING FOR PRI- I
VATE RIGHT OF ACTION;PROVID
' .ING FOR TRANSITION PERIOD.
FOR REGULATIONS,RESTRIC-.I
TIONS AND LICENSURE PROVI-
SIONS;PROVIDING FOR PENAL- I
TIES;PROVIDING FOR SEVERA- ' •
BILITY;PROVIDING FOR THE RE-
PEAL OF ALL ORDINANCES IN-
CONSISTENT HEREWITH;PRO-
VIDING FOR INCORPORATION IN-
TO THE MONROE COUNTY CODE
OF ORDINANCES;AND PROVID-
• ING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Flori-
da Statutes notice is given'that if a
• person decides to appeal any deck
sion made by the Board with respect,
-to'any'matter considered at the,hear-,
ing,'fie will need a record of the pro
ceedings, and that.for such purpose,'
he may need to ensure that a verba-'
tim record of the proceedings is
made,which record includes the evi-
dence upon which th'e appeal is to
be based.
Copies of the above-referenced ordi- .
nance are available for review at the .
various public' libraries in Monroe I
County,Florida. I • -:
Dated at Key West, Florida,this 18th i
• day of December 1999.
DANNY L.KOLHAGE,Clerk of the.,
'Circuit Court and ex-officio Clerk of •'
the Board of MDe ty,�P ridgy,
_Feb.2501&Ma , 2e. .__d to
TIIE ,, w'
5
a ,
:� tour Upper hays Connection
PORTER
P.O. Box 1197•Tavernier, Florida 33070-1197
(305)852-3216 Fax: (305)852-8240
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE NO.9505500 TIES;PROVIDIN —NOTICE OF INTENTION FOR SEVERABILITY;
TO CONSIDER ;PROVIDING FOR THE
Before the undersigned authority ADOPTION OF REPEAL OF ALL ORDI-i
_COUNTY ORDINANCE NANCES INCONSIS- '
personally appeared JACKLYN R. ;TENT HEREWITH;
HARDER who on oath, says that she is NOTICE IS HEREBY- PROVIDING FOR IN-
ASSOCIATE PUBLISHER of THE GIVEN TO WHOM IT :CORPORATION INTO
MAY CONCERN that on. ;MONROECOUNTY
REPORTER, a weekly newspaper entitled ;Wednesday,March 15, /CODEOFORDI-
'Mara at n G Government
nmen i NANCES;AND PRO-
to publish legal advertising published at Lam'Marathon Government ,VIDINGAN FFFFCTIVF
Tavernier, Monroe County, Florida: that 'Center,2798Overseas ' [DATE:. _ -1
the attached copyof advertisement, beingHighway,Marathon,
'Monroe County,Florida, Pursuant to Section
a LEGAL NOTICE in said newspaper in the the Board of County '286.0105,Florida .
issue Of: Commissioners of Mon- ''Statutes,notice is given
roe County,Florida in- - !that if a person decides to
tends to consider the jappeal any decision " ;
adoption of the following made by the Board with ;
County ordinance: I respect to any matter i
February 24 & March 2, 2000 considered at the hear-
ing,he will need a record
AN ORDINANCE OF 'of the proceedings,and
Affiant further says that THE REPORTER THE BOARD OF COUN- ,that,for such purpose,he
is a newspaperpublished at Tavernier, in TYCOMMISSIONERS I may need to ensure that OF MONROE COUNTY, a verbatim record of the:
said Monroe County, Florida, and that the FLORIDAREGULAT- 'proceedings is made, I
said newspaper has heretofore been ING MOTOR VEHICLE (which record includes the
TITLE LOAN TRANS- ;testimony and evidence-
continuously published in the said ACTIONS;PROVIDING ,upon which the appeal is
Monroe County, Florida, each week (on FOR MOTOR VEHICLE to be based. _
TITLE LOAN TRANS- I
Thursday), and has been entered as 1ACTIONS;PROVIDING Copiesof the above-
second class mail matter at the Post :DEFINITIONS;PROVID-, lerencedXdinmpea ! °
lANG FOR MAXIMUM IN- ,availabl r review e; !
Office in Tavernier, in said County of TEREST RATE;PRO- ! (various iicjllfitari 1 rri
Monroe, Florida, for a period of one year ,VIDING FOR TRANS- ,Monroe @Di rtty Flori¢6.,i
next precedingthe firstpublication of the ACTION SATISFAC- Cry
TION AND DEFAULT; Cr c" " "'
attached copy of advertisement; and PROVIDING FOR LI- 1 Dated at �lest,Finn
CENSES;PROVIDING da,this 1 zlef Feja.1
affiant further says that he has neither FOR VIOLATIONS AND! Iruary,20 • r 3
paid nor promised any firm, person, or PENALTIES;PROVID- i -<�
ING FOR ADDITIONAL DANNYr�.K�JEHA ! n
corporation any discount, rebate, REMEDY TOBOR- I Clerk of the CionitCN�Ni'. 9
commission or refund for the purpose of :ROWER;PROVIDING and exoffeiodlakof4
securingthis advertisement for .FORPRIVATE RIGHT • I
OF ACTION;PROVID- . Board of County,
Commissioners of
publication in the said newspaper and that ,ING FOR TRANSITION Monroe County,Florida.,
The Reporter is in full compliance with ITIONS,RESFORTRIC..RgGULA-, f3UB LI0S0HED 2/24& .- •
Chapter 50 of the Florida State Statutes on .TIONS,AND LICEN- ;The Reporter
Leal and Official Advertisem- ts. SURE PROVISIONS;" 'Tavernier,FL 33070-
g :PROVIDING FOR PEN_likA t. A /,
O n to a • subs ribed before • e this
day of v c, 2000.
AL) 0,•00 ka Anna M Hines
ylr,!tty*My Commission CC715804
w
_S 0 oa`Expires rch 31' 002
otary y
203
3420 Northside Drive
Office 305-294-6641 Fax 305-294-0768
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is director of the Advertising Department of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the attached copy of
vertisement, being a legal notice in the matter of
. \J'
- , .
.In the'- Court, was published in said newspaper in the issues of
.~b ;)..~--- do- 111 /M . 3) ?!JOO
Affiant further says that the Key West Citizen is a newspaper published in Key West, in
said Monroe County, Florida and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida each day (except Saturdays) and
has been entered as second-class mail matter at the post office in Key West, in said
Monroe County, Florida, for a period of 1 year next preceeding the ftrst publication of
the attached copy of advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate, commission or refund for
the purpose of securing this advertisement for publication in the said new aper.
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Sworn and subscribed before me tbis V day of'
(1 ~7J;~ ')
2000
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Expires: Oct 11. 2002
Personally Known x Produced Identification
Type of Identification Produced
NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY
ORC:NANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, March 15, 2000 at 3:00
PM at the Marathon Government
Center, 2798 Overseas Highway,
Marathon, Monroe County, Florida.
The Board of County Commissioners
of ~roe County intends to consid-
er the adoption, of the following
County ordinance:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF
MONROE cOUNTY, FLORIDA,
REGULATING MOTOR VEHICLE
TITLE LOAN TRANSACTIONS;
PROVIDING DEFINITIONS; PRO-
VIDING FOR MAXIMUM INTEREST
RATE; PROVIDING FOR TRANS-
ACTIONS SATISFACTION AND DE-
FAULT;. PROVIDING FOR LICENS-
ES; PROVIDING FOR VIOLATIONS
AND PENALtiES; PROVIDING FOR
ADDITIONAL REMEDY TO BOR-
ROWER; PROVIDING FOR PRI-
VATE RIGHT OF ACTION; PROVID-
ING FOR TRANSITION PERIOD
FOR REGULATIONS, RESTRIC-
TIONS AND LICENSURE PROVI-
SIONS; PROVIDING FOR PENAL-
TIES; PROVIDING FOR SEVERA-
BILITY; PROVIDING FOR THE RE-
PEAL OF ALL ORDINANCES IN-
CONSISTENT HEREWITH; PRO-
VIDING FOR INCORPORATION IN-
TO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROVID-
ING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Flori-
da Statutes notice is given that if a
person decides to appeal any deci-
sion made by the Board with respect
toiany'rIlatter considered at the,hear-
lng, he will need a record of the pro-
ceedings, and that for such purpose,
he may need to ensure that a verba-
tim record of the proceedings is
made, which record includes the evi-
dence upon which the appeal is to
be based.
Copies of the above-referenced ordi-
nance are available for review at the
various public libraries in Monroe
County, Florida.
Dated at Key West, Florida, this 18th
day of December 1999.
DANNY L KOLHAGE, Clerk ofJ/lfL
Circuit Court and ex"officio Clerk of.
the B,o"a,rd of co, unty,,~., , '"m, i~ .~ n~_
of ...-e. .' '''e!'''t;
Feb. ~~.~ ' ....L
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4?1u OP
yryc
)annp I.. iot jage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145
FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146
FAX(305)295-3660
March 28, 2000
Mrs. Liz Cloud, Chief
Bureau of Administrative Code&Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 023-2000 regulating motor vehicle title loan transactions; providing for
motor vehicle title loan transactions; providing definitions; providing for maximum interest rate;
providing for transaction satisfaction and default; providing for licenses; providing for violations
and penalties; providing for additional remedy to borrower; providing for private right of action;
providing for transition period for regulations, restrictions, and licensure provisions; providing for
penalties; providing for severability; providing for the repeal of all ordinances inconsistent
herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing
an effective date.
Ordinance No. 024-2000 amending Sec. 2-1.1, Monroe County Code, in order to
provide that the beneficial use and vested rights Special Master may be employed as an
independent contractor as an alternative to being employed as a part-time Monroe County
employee; providing for a $500 per hearing day fee if the hearing officer elects contractor status;
providing for severability; providing for the repeal of all ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of Ordinances; and providing an
effective date.
Ordinance No. 025-2000 amending Sec. 6-66, Monroe County Code, in order to clarify
certain prohibited acts of contractors - financial mismanagement, abandoning a project, aiding and
abetting unlicensed persons; providing for severability; providing for the repeal of all ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances;
and providing an effective date.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancoc
De ty Cler.
Cc: Board of County Commissioners Municipal Code
County Attorney Finance 024-2000
County Administrator w/o documents File
Growth Management
---_.~------~
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of COIporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough County
Preservation Board
RINGLlNG MUSEUM OF ART
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
AprilS, 2000
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated March 28, 2000 and certified copies of Monroe County
Ordinance Nos. 023-2000 through 025-2000, which were filed in this office on April
4, 2000.
sm~~
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.t1.us . E-Mail: election@mail.dos.statejl.us
l.iunicipal Code Cor!l0L3ti\10
j nfo@llai 1.lIIllnicodl'. com
PO Bo1. 2235
TallahaEsee! VI 32316-2235
Su~pll!lIent 58
05/Q2I2(i(l()
We hav~ received tne fol1o~ing .at~rial through
hard copy. Thank you for your ils!;.i'5l..l1ce and
cooperation,
Ordinance Nos. 47-i99'3, >122-:MIQ, 023-20(10. 0::4-2000 fld
025-2(l(;O. TO:
Ms. PiieIa G. Har,f.oc~
lhl!mty Chrk
EOQ-2f,2-2633 fax 950-5'5"8B52 LBJ
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