HB 937 2025
CODING: Words stricken are deletions; words underlined are additions.
hb937-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to consumer finance loans; creating s. 2
516.181, F.S.; prohibiting persons from engaging in 3
specified actions to evade the requirements of ch. 4
516, F.S.; providing that consumer finance loans made 5
in violation of such prohibitions are void and 6
uncollectible; providing construction relating to when 7
a person is deemed to be a lender subject to such 8
prohibitions; providing an effective date. 9
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Be It Enacted by the Legislature of the State of Florida: 11
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Section 1. Section 516.181, Florida Statutes, is created 13
to read: 14
516.181 Predatory loan prevention. — 15
(1) A person may not employ any device, scheme, or 16
artifice to evade the requirements o f this chapter, including, 17
but not limited to, either of the following: 18
(a) Making, offering, or assisting a borrower in 19
obtaining, or arranging for a borrower to obtain, a consumer 20
finance loan with a higher rate or amount of interest, fees, 21
charges, consideration, or other payment received incident to 22
the loan than is authorized by this chapter through any method, 23
including mail, telephone, the Internet, or any electronic 24
means, regardless of whether the person is physically located in 25
HB 937 2025
CODING: Words stricken are deletions; words underlined are additions.
hb937-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
this state. 26
(b) Receiving interest, fees, charges, consideration, or 27
other payments in excess of those authorized by this chapter, 28
regardless of whether the payment purports to be voluntary. 29
(2) A consumer finance loan made in violation of this 30
section is void and unco llectible as to any principal, fee, 31
interest, charge, or payment. 32
(3) If a consumer finance loan exceeds the rate authorized 33
under s. 516.031, a person who engages in an activity described 34
in paragraph (1)(a) or paragraph (1)(b) is deemed a lender 35
subject to this section, regardless of whether that person 36
purports to act as an agent or a service provider or in another 37
capacity for another entity that is exempt from this chapter, if 38
any of the following applies: 39
(a) The person holds, acquires, or maintai ns, directly or 40
indirectly, the predominant economic interest, risk, or reward 41
in the loan. 42
(b) The person: 43
1. Markets, solicits, brokers, arranges, facilitates, or 44
services the loan; and 45
2. Holds or has the right, requirement, or first right of 46
refusal to acquire the loan, a share of receivables, or another 47
direct or indirect interest in the loan or loan program. 48
(c) The totality of the circumstances indicates that the 49
person is the lender and that the transaction is structured to 50
HB 937 2025
CODING: Words stricken are deletions; words underlined are additions.
hb937-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
evade the requirements of this chapter. Circumstances that weigh 51
in favor of a person being a lender subject to this section 52
include, without limitation, whether the person: 53
1. Indemnifies, insures, or protects an exempt entity from 54
any costs or risks related to the loan; 55
2. Predominantly designs, controls, or operates the loan 56
program; 57
3. Holds the trademark or intellectual property rights in 58
the brand, underwriting system, or other core aspects of the 59
loan program; or 60
4. Purports to act as an agent or a servic e provider or in 61
another capacity for an exempt entity while acting directly as a 62
lender in other states. 63
Section 2. This act shall take effect July 1, 2025. 64