CODING: Words stricken are deletions; words underlined are additions.
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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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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11:58 AM 04/27/98 s0190c1c-26e07
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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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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