SENATE AMENDMENT

    Bill No. CS for CS for SB 392

    Amendment No. ___

                            CHAMBER ACTION
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11  Senator Laurent moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 38, between lines 2 and 3,

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16  insert:

17         Section 26.  Subsections (16) and (17) of section

18  559.72, Florida Statutes, are amended, and subsections (18)

19  and (19) are added to that section, to read:

20         559.72  Prohibited practices generally.--In collecting

21  consumer debts, no person shall:

22         (16)  Mail any communication to a debtor in an envelope

23  or postcard with words typed, written, or printed on the

24  outside of the envelope or postcard calculated to embarrass

25  the debtor.  An example of this would be an envelope addressed

26  to "Deadbeat, Jane Doe" or "Deadbeat, John Doe"; or

27         (17)  Communicate with the debtor between the hours of

28  9 p.m. and 8 a.m. in the debtor's time zone without the prior

29  consent of the debtor;.

30         (18)  Communicate with a debtor if the person knows the

31  debtor is represented by an attorney with respect to such debt

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 392

    Amendment No. ___





  1  and has knowledge of, or can be readily ascertain, such

  2  attorney's name and address, unless the debtor's attorney

  3  fails to respond within a reasonable period of time to a

  4  communication from the person or unless the debtor's attorney

  5  consents to direct communication with the debtor; or

  6         (19)  Cause charges to be made to any debtor for

  7  communications by concealment of the true purpose of the

  8  communication, including collect calls and telegram fees.

  9         Section 27.  Section 559.77, Florida Statutes, is

10  amended to read:

11         559.77  Civil remedies.--

12         (1)  A debtor may bring a civil action against a person

13  violating the provisions of s. 559.72 in a court of competent

14  jurisdiction of the county in which the alleged violator

15  resides or has his or her principal place of business or in

16  the county wherein the alleged violation occurred.

17         (2)  Upon adverse adjudication, the defendant shall be

18  liable for actual damages and for additional statutory damages

19  of up to $1,000 or $500, whichever is greater, together with

20  court costs and reasonable attorney's fees incurred by the

21  plaintiff. In determining the defendant's liability for any

22  additional statutory damages, the court shall consider the

23  nature of the defendant's compliance with s. 559.72, the

24  frequency and persistence of such noncompliance, and the

25  extent to which such noncompliance was intentional. In any

26  class action lawsuit brought under this section, the court may

27  award additional statutory damages of up to $1,000 for each

28  named plaintiff, and an aggregate award of additional

29  statutory damages not to exceed the lesser of $500,000 or 1

30  percent of the defendant's net worth for all remaining class

31  members. The court may, in its discretion, award punitive

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 392

    Amendment No. ___





  1  damages and may provide such equitable relief as it deems

  2  necessary or proper, including enjoining the defendant from

  3  further violations of this part.  If the court finds that the

  4  suit fails to raise a justiciable issue of law or fact, the

  5  plaintiff shall be liable for court costs and reasonable

  6  attorney's fees incurred by the defendant.

  7         (3)  A person shall not be held liable in any action

  8  brought under this section if the person shows by a

  9  preponderance of the evidence that the violation was not

10  intentional and resulted from a bona fide error

11  notwithstanding the maintenance of procedures reasonably

12  adapted to avoid any such error.

13         (4)  An action brought under this section must be

14  commenced within 2 years after the date on which the alleged

15  violation occurred.

16         Section 28.  Sections 26 and 27 of this act shall take

17  effect July 1, 2000, and apply to any cause of action accruing

18  on or after that date.

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20  (Redesignate subsequent sections.)

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

24  And the title is amended as follows:

25         On page 3, line 5, after the semicolon

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27  insert:

28         amending s. 559.72, F.S.; prohibiting certain

29         communications with a debtor's attorney;

30         prohibiting the causing of charges to be made

31         to any debtor; providing penalties; amending s.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 392

    Amendment No. ___





  1         559.77, F.S.; revising civil remedy;

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