CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 190

    Amendment No.    

                            CHAMBER ACTION
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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 3.  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 complaint to a bad check

23  diversion program, the state attorney may initiate a debt

24  collection process involving collection by a private debt

25  collector registered under part VI of chapter 559, for the

26  purpose of diverting from prosecution certain persons accused

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

28  832.06. The use of such debt collector shall not affect the

29  authority of the state attorney to prosecute any person for

30  any such violation.

31         (2)  Upon receipt of the notification from the state

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 190

    Amendment No.    





 1  attorney initiating the debt collection process authorized by

 2  this section, the payee on the bad check shall place or assign

 3  the debt evidenced by the bad check for collection by such

 4  debt collector. Upon such placement or assignment, the payee

 5  is entitled to add a collection fee to offset the cost of

 6  collection. This collection fee is in addition to the bad

 7  check service charges authorized by law. The collection fee

 8  payable to the debt collector must be a reasonable fee in

 9  accordance with industry standards and based upon the total

10  amount collected.

11         (3)  Unless extended by the state attorney, the debt

12  collector shall have 90 days after the date of placement or

13  assignment of the debt for collection within which to collect

14  the amount of the bad check, applicable bad debt charges, and

15  the collector's collection fee. Upon the expiration of the

16  90-day period and any extensions thereof, the state attorney

17  shall proceed with prosecution or other disposition of the

18  case. The debt collector may continue to try to collect the

19  debt, provided that such collection effort does not impede the

20  prosecution or other disposition of the case by the state

21  attorney. The debt collector shall remit to the payee the

22  amount collected less the collector's fee percentage on the

23  total amount collected.

24         (4)  The debt collector may compromise the amount to be

25  collected only with the express consent of the payee of the

26  check.

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28  (Redesignate subsequent sections.)

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    11:58 AM   04/27/98                             s0190c1c-26e07




                                                  SENATE AMENDMENT

    Bill No. CS for SB 190

    Amendment No.    





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

 2  And the title is amended as follows:

 3         On page 3, line 22, after the semicolon

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 5  insert:

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

 7         of private debt collectors;

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    11:58 AM   04/27/98                             s0190c1c-26e07