April 22, 1996

in s. 775.082, s. 775.083, or s. 775.084, and ranked for purposes of
sentencing in Level 7 of the Offense Severity Ranking Chart in s.
921.0012.

(2a) An adult male who enters or remains in an establishment
whose primary purpose is to sell lingerie designed for the female gender
commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084, and ranked for purposes of sentencing
in Level 8 of the Offense Severity Ranking Chart in s. 921.0012.

(6) An adult male who enters or remains in an establishment whose
primary purpose is to sell lingerie designed for the female gender and
commits a theft while in such establishment, commits a felony of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
and ranked for purposes of sentencing in Level 9 of the Offense Severity
Ranking Chart in s. 921.0012.

(3) An adult male convicted of a violation under this section may, as
a condition of his punishment, be forced to cruise the mall chained to
other adult males similarly convicted.

And the title is amended as follows:

On page 1, line 19, after the semicolon insert: prohibiting adult
males from entering or remaining in establishments whose primary
purpose is to sell merchandise; providing a penalty; providing enhanced
penalties for adult males who enter or remain in lingerie stores and
further enhanced penalties if the adult male commits a theft therein;
providing penalties; providing a specific punishment option;

Rep. Kelly moved the adoption of the amendment.
Representative(s) Villalobos offered the following:

Amendment 1 to Amendment 3 (with title amendment)—On
page 2, line 12, insert:

_ (4 This section does not apply to establishments whose primary
purpose is to sell the following types of merchandise: cars; boats; sporting
goods; hunting and fishing equipment; home improvement products;
books, including comic books; toys; and baseball cards.

And the title is amended as follows:
On page 2, line 25, after the semicolon insert: providing exceptions;

Rep. Villalobos moved the adoption of the amendment to the
amendment. Subsequently, Amendment 1 to Amendment 3 was
withdrawn.

The question recurred on the adoption of Amendment 3, which was
withdrawn.

Representative(s) Livingston, Hill, and Dennis offered the following:

Amendment 4 (with title amendment) —On page 8, between lines
3-4, insert:

Section 3. Subsection (2) and paragraphs (d), (e), and (f) of subsection
(5) of section 538.06, Florida Statutes, are amended to read:

538.06 Holding period.—

(2) A secondhand dealer must maintain actual physical possession
of all secondhand goods throughout a transaction. It is unlawful for a
secondhand dealer to accept title or any other form of security in
secondhand goods in lieu of actual physical possession. A secondhand
dealer who accepts title or any other form of security in secondhand
goods in lieu of actual physical possession commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s. 775.083.

(5) Subject to the restrictions in s. 538.15, a secondhand dealer may
engage in a title loan transaction, and the physical possession provisions
of subsection (2) shall not apply if the following conditions are met:

(d) A secondhand dealer who engages in a motor vehicle title loan
transaction has the right to repossess the motor vehicle upon failure of
the owner to redeem the title. The secondhand dealer shall only

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repossess a motor vehicle through an agent who is licensed by the state
to repossess motor vehicles. The secondhand dealer may dispose of the
motor vehicle as provided in s. 538.16. However, any sale or disposal of
the motor vehicle shall be made through a motor vehicle dealer licensed
under s. 320.27. Within 30 days after the sale of the motor vehicle, the
borrower shall be entitled to receive monies from the sale of the motor
vehicle in excess of the principal amount of the loan, interest on the loan
up to the date of the repossession, and reasonable expenses for the
repossession, holding, and sale of the motor vehicle. The borrower shall
be entitled to receive reasonable attorney's fees and costs in any action to
recover the excess amount.

(e) A secondhand dealer who accepts a motor vehicle title in a title
loan transaction may charge a maximum rate of interest fee of 22 percent
per month simple interest for the first two months. In order to enter into
a title loan transaction with a duration longer than 2 months:

1. After the first two months, the title loan will be limited to 31 percent
per annum simple interest; and

2. Any refinance, extension, renewal, or rollover of a title loan
transaction where the total duration of the loan is longer than 2 months
will be subject to the 31 percent per annum simple interest limitation.
The secondhand dealer shall forfeit to the borrower any excess interest
collected in violation of this paragraph. The secondhand dealer may not
engage in repossession if the title loan is made in violation of the interest
rates provided in this paragraph. The borrower shall be entitled to receive
reasonable attorney's fees and costs in any action to recover one or more
of the following: excessive interest collected under this paragraph, the
property which has been repossessed due to a title loan made in violation
of this paragraph, or the fair market value thereof if the property has been
sold.

(f) No charges other than those charges permitted in paragraph (e)
shall be allowed, and said charges, in addition to the terms. of
repossession in the event of a default, shall be fully disclosed,
conspicuously in writing, and initialed by the motor vehicle owner at the
initiation of the transaction. (renumber subsequent section{s})

And the title is amended as follows: -

On page 1, line 19, after the semicolon insert:' amending s. 538.06,
F.S.; revising requirements of secondhand dealers who accept a motor
vehicle title in a title loan transaction; providing for borrower to receive
excess monies in the repossession and sale of a motor vehicle; providing
for recovery costs and attorney’s fees;

Rep. Livingston moved the adoption of the amendment.

Point of Order

Rep. Martinez raised a point of order, under Rule 11.8, that the
amendment was not germane.

The Chair [Speaker Wallace] took the point under advisement and,
pending a ruling, further consideration of the bill, with pending
amendment, was temporarily deferred.

CS/HB 211—A bill to be entitled An act relating to criminal appeals
and collateral review of criminal proceedings; creating the “Criminal
Appeal Reform Act of 1996”; directing the retitling of chapter 924,
relating to appeals, as “Criminal Appeals and Collateral Review”;
amending s. 924.05, F.S.; making only direct appeals under chapter 924
a matter of right; creating s. 924.051, F.S.; providing legislative intent
and definitions; providing guidelines and terms and conditions of
appeals and collateral review in criminal cases; limiting direct appeals
to allegations of prejudicial error; limiting appeals after a legal sentence;
requiring a demonstration of the right to appeal under s. 924.06 or s.
924.07, F.S.; prohibiting collateral relief on grounds that were or could
have been raised at trial and, if properly preserved, on direct appeal;
placing a time limitation on filing for collateral relief, with exceptions;
placing the burden of demonstrating prejudicial error on the party
challenging a ruling of a trial court; prohibiting the use of public funds,
resources, or employees in appellate or collateral proceedings unless it
is constitutionally or statutorily mandated; amending s. 924.06, F.S.;