SENATE AMENDMENT

    Bill No. CS for SB 190

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator McKay moved the following amendment to amendment

12  (490680):

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14         Senate Amendment (with title amendment) 

15         On page 3, between lines 1 and 2,

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17  insert:

18         Section 2.  Section 832.10, Florida Statutes, is

19  created to read:

20         832.10  Alternative to bad check diversion program;

21  fees for collection.--

22         (1)  In lieu of referring a case to the bad check

23  diversion program, the state attorney may refer the case to a

24  private debt collector or an independent contractor, for the

25  purpose of diverting from prosecution certain persons accused

26  of a violation of s. 832.04, s. 832.041, s. 832.05, or s.

27  832.06.  The use of such debt collector or independent

28  contractor shall not affect the authority of the state

29  attorney to prosecute any person for any such violation.

30         (2)  Upon receipt of the referral by the state

31  attorney, the private debt collector or independent contractor

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 190

    Amendment No.    





 1  shall have a period of 90 days during which to collect the

 2  face value of the worthless check.  If the full face value of

 3  the worthless check is not collected by the private debt

 4  collector or independent contractor within this time, the case

 5  shall be referred back to the state attorney.

 6         (3)  A private debt collector or independent contractor

 7  who collects and remits to the payee the full amount of a

 8  worthless check under this section shall be entitled to a

 9  reasonable collection fee not to exceed the service fees

10  authorized under s. 832.08(5) or 5 percent of the face amount

11  of the worthless check, whichever is greater, prior to the

12  debt collector or independent contractor collecting a fee from

13  the drawer of the check.

14         (4)  The debt collector or independent contractor may

15  compromise the amount to be collected only with the express

16  consent of the payee of the check.

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19  ================ T I T L E   A M E N D M E N T ===============

20  And the title is amended as follows:

21         On page 3, line 22, after the semicolon

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23  insert:

24         creating s. 832.10, F.S.; providing for the use

25         of private debt collectors;

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    4:10 PM   04/24/98                              s0190c1c-26b01