HB 1371

1	A bill to be entitled
2	An act relating to collection practices; amending s.
3	559.544, F.S.; requiring an applicant to apply to the
4	Office of Financial Regulation to register as a commercial
5	collection agency; amending s. 559.545, F.S.; requiring an
6	applicant to comply with certain procedures to register as
7	a commercial collection agency; prescribing that a
8	registration that is not renewed expires automatically;
9	providing procedures by which a commercial collection
10	agency may reinstate its registration; amending s.
11	559.546, F.S.; requiring each applicant to purchase a
12	surety bond; creating s. 559.5471, F.S.; detailing the
13	powers and duties of the office with respect to regulating
14	commercial collection agencies; authorizing the office to
15	adopt rules; authorizing the office to issue subpoenas and
16	subpoenas duces tecum under certain conditions; providing
17	procedures the office may use when a person does not
18	comply with a subpoena; permitting a court to grant
19	injunctive or other relief when a person does not comply
20	with a subpoena; authorizing the court to award attorney's
21	fees and costs to the office under certain circumstances;
22	creating s. 559.5473, F.S.; authorizing the office to seek
23	injunctive relief under certain circumstances; authorizing
24	a court to appoint a receiver under specified conditions;
25	creating s. 559.5474, F.S.; authorizing the office to
26	issue cease and desist orders; creating s. 559.5475, F.S.;
27	permitting specified documents made by a financial
28	examiner to be admitted into evidence under certain
29	conditions; creating s. 559.5476, F.S.; requiring each
30	registrant to maintain business records; authorizing the
31	office to adopt rules to designate the types of
32	information a registrant must maintain; creating s.
33	559.5477, F.S.; providing for administrative remedies;
34	specifying the grounds under which a commercial collection
35	agency may have its registration suspended or revoked;
36	permitting a commercial collection agency to terminate its
37	registration; authorizing the office to impose an
38	administrative fine up to $1,000 per violation; amending
39	s. 559.55, F.S.; providing definitions; amending s.
40	559.552, F.S., relating to the relationship of state and
41	federal laws; providing for construing interpretations of
42	the Federal Trade Commission and the federal courts when
43	applying state and federal laws and rules relating to
44	consumer collection practices; amending s. 559.553, F.S.;
45	requiring an applicant to provide certain information to
46	register as a consumer collection agency; amending s.
47	559.555, F.S.; revising application procedures for
48	consumer collection agencies; requiring an applicant to
49	furnish specified information; requiring an applicant to
50	report specified information on crimes and licensure
51	discipline committed by the applicant; listing the grounds
52	for denying an application for registration; providing
53	that registrations automatically expire; providing
54	procedures for a consumer collection agency to renew its
55	registration; amending s. 559.565, F.S.; providing that an
56	out-of-state consumer collection agency otherwise subject
57	to this state's jurisdiction is subject to sanctions for
58	committing prohibited practices; amending s. 559.72, F.S.;
59	specifying certain activities as prohibited consumer
60	collection practices; amending s. 559.725, F.S.;
61	authorizing the office to conduct investigations of
62	consumer complaints; providing for the examination of a
63	registrant; creating s. 559.726, F.S.; detailing the
64	powers and duties of the office with respect to regulating
65	consumer collection agencies; authorizing the office to
66	adopt rules; authorizing the office to issue subpoenas and
67	subpoenas duces tecum under certain conditions; providing
68	procedures the office may use when a person does not
69	comply with a subpoena; permitting a court to grant
70	injunctive or other relief when a person does not comply
71	with a subpoena; authorizing the court to award attorney's
72	fees and costs to the office under certain circumstances;
73	creating s. 559.7262, F.S.; authorizing the office to seek
74	injunctive relief under certain circumstances; creating s.
75	559.7263, F.S.; authorizing the office to issue cease and
76	desist orders; creating s. 559.7264, F.S.; permitting
77	certain documents prepared by a financial examiner to be
78	admitted into evidence under specified conditions;
79	creating s. 559.7265, F.S.; requiring each registrant to
80	maintain business records; authorizing the office to adopt
81	rules to designate the types of information a registrant
82	must maintain; amending s. 559.730, F.S.; providing
83	administrative remedies for violating prohibited consumer
84	collection practices; specifying the prohibited practices
85	for which a consumer collection agency's registration may
86	be suspended or revoked; providing that a consumer
87	collection agency may terminate its registration;
88	authorizing the office to assess an administrative fine of
89	up to $1,000 per violation; amending s. 559.77, F.S.;
90	providing for construing interpretations of the Federal
91	Trade Commission and the federal courts when applying
92	state and federal laws and rules; amending s. 559.785,
93	F.S.; specifying certain activities that subject a person
94	to a criminal penalty; repealing ss. 559.547 and 559.563,
95	F.S., relating to void registrations; providing an
96	effective date.
97
98	Be It Enacted by the Legislature of the State of Florida:
99
100	Section 1.  Section 559.544, Florida Statutes, is amended
101	to read:
102	559.544  Registration required; exemptions.--
103	(1)  A No person may not shall engage in business in this
104	state as a commercial collection agency, as defined in this
105	part, or continue to do business in this state as a commercial
106	collection agency, unless the person without first registers
107	with the office according to registering in accordance with this
108	part and thereafter maintains the maintaining such registration.
109	(2)  Each commercial collection agency doing business in
110	this state shall register with the office and annually renew the
111	such registration, providing the registration fee, information,
112	and surety bond required by this part.
113	(3)  A No registration is not shall be valid for any
114	commercial collection agency transacting business at any place
115	other than that designated in the registration unless the office
116	is first notified in advance of any change of location.  A
117	registration under this part is not transferable or assignable.
118	Any commercial collection agency desiring to change its
119	registered name, location, or agent for service of process at
120	any time other than renewal of the registration must shall
121	notify the office of the such change prior to the change.
122	(4)  The office may shall not accept an application for any
123	registration for any commercial collection agency as validly
124	made and filed with the office under this section unless the
125	application registration information furnished to the office by
126	the applicant registrant is complete under pursuant to s.
127	559.545 and facially demonstrates that the applicant such
128	registrant is qualified to engage in business as a commercial
129	collection agency, including specifically that neither the
130	applicant or registrant nor any principal of the applicant
131	registrant has not engaged in any unlawful collection practices,
132	dishonest dealings, acts of moral turpitude, or other criminal
133	acts that reflect an inability to engage in the commercial
134	collection agency business. The office shall inform any person
135	whose application for registration is denied rejected by the
136	office of the fact of and basis for the denial such rejection.
137	A prospective registrant is shall be entitled to be registered
138	when her or his or its application registration information is
139	complete on its face, the applicable registration fee has been
140	paid, and the required evidence of current bond is furnished to
141	the office.
142	(5)  This section does shall not apply to:
143	(a)  A member of The Florida Bar, unless the such person is
144	primarily engaged in the collection of commercial claims.
145	"Primarily engaged in the collection of commercial claims" means
146	that more than one-half of the person's income of such person
147	arises from the business of soliciting commercial claims for
148	collection or collecting commercial claims.
149	(b)  A financial institution authorized to do business in
150	this state and any wholly owned subsidiary and affiliate
151	thereof.
152	(c)  A licensed real estate broker.
153	(d)  A title insurance company authorized to do business in
154	this state.
155	(e)  A collection agency that which is not primarily
156	engaged in the collection of commercial claims.  "Not primarily
157	engaged in the collection of commercial claims" means that less
158	than one-half of the collection revenue of the such agency
159	arises from the collection of commercial claims.
160	(f)  A consumer finance company and any wholly owned
161	subsidiary and affiliate thereof.
162	(g)  A person licensed pursuant to chapter 520.
163	(h)  A credit grantor.
164	(i)  An out-of-state collector as defined in this part.
165	(j)  An FDIC-insured institution or subsidiary or affiliate
166	thereof.
167	Section 2.  Section 559.545, Florida Statutes, is amended
168	to read:
169	559.545  Registration of commercial collection agencies;
170	procedure.--A Any person who wishes to apply for registration
171	register as a commercial collection agency in compliance with
172	this part must shall do so on forms adopted by the commission
173	and furnished by the office. Any renewal of registration shall
174	be made between October 1 and December 31 of each year.  In
175	applying for registering or renewing a registration as required
176	by this part, each commercial collection agency shall furnish to
177	the office a registration fee, information, and surety bond, as
178	follows:
179	(1)  The applicant or registrant shall pay to the office a
180	registration fee of $500.  All amounts collected shall be
181	deposited to the credit of the Regulatory Trust Fund of the
182	office.
183	(2)  The applicant or registrant must shall provide the
184	following information:
185	(a)  The business name or trade name of the commercial
186	collection agency, the current mailing address of the agency,
187	and the current business location of each place from which the
188	agency operates either a main or branch office, with a
189	designation of which location constitutes its principal place of
190	business.
191	(b)  The full names, current addresses, current telephone
192	numbers, and social security numbers, or federal identification
193	numbers of any corporate owner, of the applicant's or
194	registrant's owners or corporate officers and directors, and of
195	the Florida resident agent of the registering agency.
196	(c)  A statement as to whether the applicant or registrant
197	is a domestic or foreign corporation, together with the state
198	and date of incorporation, charter number of the corporation,
199	and, if a foreign corporation, the date the corporation first
200	registered to do business in this state.
201	(d)  A statement listing each county in this state in which
202	the applicant or registrant is currently doing business or plans
203	to do business within the next calendar year, indicating each
204	county in which the applicant or registrant holds an
205	occupational license.
206	(e)  A statement listing each county in this state in which
207	the applicant or registrant is operating under a fictitious name
208	or trade name other than that of the applicant or registrant,
209	indicating the date and place of registration of any such
210	fictitious name or trade name.
211	(f)  A statement listing the names of any other
212	corporations, entities, or trade names through which any owner
213	or director of the applicant or registrant was known or did
214	business as a commercial or consumer collection agency within
215	the 5 calendar years immediately preceding the year in which the
216	agency is registering.
217	(g)  A statement clearly identifying and explaining any
218	occasion on which any professional license or occupational
219	license held by the applicant or registrant, any principal of
220	the applicant or registrant, or any business entity in which any
221	principal of the applicant or registrant was the owner of 10
222	percent or more of the such business was the subject of any
223	suspension, revocation, or other disciplinary action.
224	(h)  A statement clearly identifying and explaining any
225	occasion of a finding of guilt of any crime involving moral
226	turpitude or dishonest conduct on the part of any principal of
227	the applicant or registrant.
228	(3)  The applicant or registrant shall furnish to the
229	office evidence, as provided in s. 559.546, of the applicant or
230	registrant having a current surety bond in the amount of
231	$50,000, valid for the year of registration, paid for and issued
232	for the use and benefit of any credit grantor who suffers or
233	sustains any loss or damage by reason of any violation of the
234	provisions of this part by the applicant or registrant, or by
235	any agent or employee of the applicant or registrant acting
236	within the scope of her or his employment, and issued to ensure
237	conformance with the provisions of this part.
238	(4)  A registration that is not renewed by the end of the
239	calendar year expires automatically. A commercial collection
240	agency that has not renewed its registration by the time the
241	registration period expires may request reactivation of its
242	registration. The registrant must file its request with the
243	office on or before January 31 of the year following the year of
244	expiration. The request must contain any information the office
245	requires, together with the registration fee required in
246	subsection (1), and a late fee equal to the registration fee.
247	Any reactivation of registration granted by the office during
248	the month of January is deemed retroactive to January 1 of that
249	year. Any registrant that engages in business as a commercial
250	collection agency after its registration has expired violates s.
251	559.548(1).
252	(5)  An initial or renewal registration application is
253	deemed received for purposes of s. 120.60 upon receipt of the
254	completed application form prescribed by commission rule, the
255	application fee of $500, and any other fee prescribed by law or
256	rule.
257	Section 3.  Section 559.546, Florida Statutes, is amended
258	to read:
259	559.546  Bond; evidence of current and valid
260	bond.--Pursuant to s. 559.545, the applicant or registrant shall
261	provide to the office evidence that the applicant or registrant
262	has been issued a current and valid surety bond as required by
263	this part.
264	(1)  In addition to each registration filed under pursuant
265	to s. 559.545 and any renewal of the such registration, each
266	applicant or registrant shall furnish to the office the
267	following:
268	(a)  A copy of the surety bond, which bond shall be one
269	issued by a surety known by the applicant or registrant to be
270	acceptable to the office.
271	(b)  A statement from the surety that the annual premium
272	for the bond has been paid in full by the applicant or
273	registrant.
274	(c)  A statement from the surety that the bond issued by
275	the surety meets the requirements of this part.
276	(2)  The liability of the surety under any bond issued
277	under pursuant to the requirements of this part may shall not
278	exceed in the aggregate the amount of the bond, regardless of
279	the number or amount of any claims filed or which might be
280	asserted against the surety on the such bond.  If multiple
281	claims are filed against the surety on any such bond in excess
282	of the amount of the bond, the surety may pay the full amount of
283	the bond to the office and is shall not be further liable under
284	the bond.  The office shall hold the such funds for distribution
285	to claimants and administratively determine and pay to each
286	claimant the pro rata share of each valid claim made against the
287	funds within 6 months after the date of the filing of the first
288	claim against the surety.
289	Section 4.  Section 559.5471, Florida Statutes, is created
290	to read:
291	559.5471  Powers and duties of the Office of Financial
292	Regulation.--
293	(1)  Compliance with this part shall be enforced by the
294	office, except when enforcement is specifically committed to
295	another agency.
296	(2)  The commission may adopt rules under ss. 120.536(1)
297	and 120.54 to implement and administer this part. The commission
298	may adopt a rule to require electronic submission of any form,
299	document, or fee required by this part, provided that the rule
300	reasonably accommodates a person with a technological or
301	financial hardship. The commission may adopt a rule setting
302	forth the criteria and procedures for obtaining an exemption due
303	to a technological or financial hardship. The commission may
304	adopt a rule to accept certification of compliance with the
305	requirements of this part in lieu of requiring submission of
306	specified documents.
307	(3)  All fees, charges, and fines collected by the office
308	under this part shall be deposited to the credit of the
309	Regulatory Trust Fund of the office.
310	(4)  The office, or any duly authorized representative,
311	including any financial examiner or analyst, financial
312	investigator, or attorney at law, may:
313	(a)  Issue, revoke, quash, or modify and serve subpoenas to
314	compel the attendance of witnesses and subpoenas duces tecum to
315	compel the production of all books, accounts, records, and other
316	documents and materials relevant to an examination or
317	investigation. The office may exercise these powers even if the
318	subject of the investigation or examination is exempt from
319	registration.
320	(b)  Administer oaths and affirmations to any person.
321	(c)  Take, or cause to be taken, testimony and depositions.
322	(5)(a)  If the office determines that a person is in
323	substantial noncompliance with a subpoena or subpoena duces
324	tecum that the office issued or caused to be issued, it may
325	petition a court of competent jurisdiction in the county where
326	the person subpoenaed resides or has his, her, or its principal
327	place of business, for an order requiring the person to appear
328	and testify and to produce the books, accounts, records, and
329	other documents that are specified in the subpoena duces tecum.
330	(b)  The court may grant injunctive relief restraining the
331	person from advertising, promoting, soliciting, entering into,
332	offering to enter into, continuing, or completing any
333	transaction involving commercial debt collection. The court may
334	grant such other relief, including, but not limited to, the
335	restraint, by injunction or appointment of a receiver, of any
336	transfer, pledge, assignment, or other disposition of the
337	person's assets or any concealment, alteration, destruction, or
338	other disposition of books, accounts, records, or other
339	documents and materials that the court deems appropriate, until
340	the person has fully complied with the subpoena duces tecum and
341	the office has completed its investigation or examination. The
342	court may order the refund of any sums collected whenever books
343	and documents substantiating the transaction are not produced or
344	cannot be produced. The office is entitled to the summary
345	procedure provided in s. 51.011, and the court shall advance the
346	cause on its calendar.
347	(c)  Attorney's fees and any other costs incurred by the
348	office to obtain an order granting, in whole or part, a petition
349	for enforcement of a subpoena or subpoena duces tecum shall be
350	taxed against the subpoenaed person, and failure to comply with
351	the order is a contempt of court.
352	(6)  When it appears to the office that compliance with a
353	subpoena or subpoena duces tecum issued under subsection (4) is
354	essential and that the person or documents subpoenaed are
355	otherwise unavailable to an investigation or examination, the
356	office, in addition to the other remedies provided for in this
357	section, may petition a court of competent jurisdiction in the
358	county in which the subpoenaed person resides or has its
359	principal place of business for a writ of ne exeat. The court
360	shall direct the issuance of the writ against the subpoenaed
361	person requiring sufficient bond conditioned on compliance with
362	the subpoena or subpoena duces tecum. The court shall cause to
363	be endorsed on the writ a suitable amount of bond upon the
364	payment of which the person named in the writ shall be freed,
365	having a due regard to the nature of the case.
366	(7)  The office may seek a writ of attachment from a court
367	having jurisdiction over the person who refuses to obey a
368	subpoena, to give testimony, or to produce materials described
369	in the subpoena duces tecum.
370	(8)  A copy of the petition shall be served upon the person
371	by anyone authorized by law or this section to serve subpoenas.
372	The individual serving the petition shall make and file with the
373	court an affidavit showing the date, time, place, and manner of
374	service.
375	(9)  At a hearing on the petition to enforce compliance
376	with a subpoena, the person subpoenaed, or any person whose
377	interest will be substantially affected by the investigation,
378	examination, or subpoena, may appear and object to the subpoena
379	and to the granting of the petition. The court may make any
380	order that justice requires in order to protect a party or other
381	person and her or his personal and property rights, including,
382	but not limited to, protection from annoyance, embarrassment,
383	oppression, undue burden, or expense.
384	(10)  Failure to comply with an order granting, in whole or
385	in part, a petition to enforce a subpoena is a contempt of the
386	court.
387	(11)  Witnesses are entitled to the same fees and mileage
388	to which they would be entitled by law for attending as
389	witnesses in circuit court, except that fees or mileage may not
390	be allowed for testimony of a person taken at the person's
391	principal office or residence.
392	(12)  Reasonable and necessary costs incurred by the office
393	and payable to persons involved with an investigation may be
394	assessed against any debt collector on the basis of actual costs
395	incurred. Assessed expenses may include, but are not limited to,
396	expenses for interpreters; expenses for communications; expenses
397	for legal representation; expenses for economic, legal, or other
398	research; analysis and testimony; and fees and expenses for
399	witnesses. The failure to reimburse the office for its
400	reasonable and necessary costs is a reason to deny a
401	registrant's application or to revoke the prior approval of an
402	application.
403	Section 5.  Section 559.5473, Florida Statutes, is created
404	to read:
405	559.5473  Injunction to restrain violations; receivers.--
406	(1)  The office may bring an action on behalf of the state
407	to enjoin any person who has violated, or is about to violate,
408	this part or any rule or order of the office issued under this
409	part.
410	(2)  In an injunctive proceeding, the court may issue a
411	subpoena requiring the attendance of any witness or a subpoena
412	duces tecum requiring the production of any book, account,
413	record, or other documents and materials relevant to the pending
414	case.
415	(3)(a)  In addition to any procedure provided by law for
416	enforcing a temporary restraining order or a temporary or
417	permanent injunction, the court may, upon application of the
418	office, impound the property, assets, and business of the
419	registrant, including, but not limited to, the books, records,
420	documents, and papers of the registrant. The court may appoint a
421	receiver to administer the property. The receiver, when
422	appointed and qualified, has the powers and duties that are
423	conferred upon the receiver by the court.
424	(b)  After appointing a receiver, the court may issue an
425	order staying all pending suits and enjoining any further
426	litigation affecting the receiver's custody or possession of the
427	property, assets, and business, and the court, with the consent
428	of the chief judge of the circuit, may require that all suits be
429	assigned to the circuit judge who appointed the receiver.
430	Section 6.  Section 559.5474, Florida Statutes, is created
431	to read:
432	559.5474  Cease and desist orders; refund orders.--
433	(1)  The office may issue and serve upon a person an order
434	to cease and desist and to take corrective action whenever the
435	office has reason to believe that the commercial collection
436	agency is violating, has violated, or is about to violate this
437	part, any rule or order of the office issued under this part, or
438	any written agreement between the commercial collection agency
439	and the office. Procedural matters relating to the issuance and
440	enforcement of a cease and desist order are governed by chapter
441	120.
442	(2)  The office may seek an order of restitution for
443	collected funds due to creditors or any sum collected from a
444	debtor without valid proof of debt.
445	Section 7.  Section 559.5475, Florida Statutes, is created
446	to read:
447	559.5475  Evidence; examiner's worksheets, investigative
448	reports, other related documents.--An official written report,
449	sworn complaint, worksheet, or other related paper, or a
450	certified copy thereof, compiled, prepared, drafted, or
451	otherwise made by the financial examiner is admissible into
452	evidence if the financial examiner is available for cross-
453	examination; authenticates the worksheet; and testifies that the
454	report, worksheet, or related document was prepared as a result
455	of an examination of the books and records of a registrant or
456	other person conducted under the authority of this part.
457	Section 8.  Section 559.5476, Florida Statutes, is created
458	to read:
459	559.5476  Books, accounts, and records; maintenance;
460	examinations by the office.--
461	(1)  Each registrant shall maintain, at its principal place
462	of business designated on its registration, all books, accounts,
463	records, and documents necessary to determine the registrant's
464	compliance with this part.
465	(2)  The office may authorize maintenance of records at a
466	location other than a principal place of business. The office
467	may require books, accounts, and records to be produced and
468	available at a reasonable and convenient location in this state.
469	(3)  All books, accounts, records, documents, and receipts
470	for payments to a registrant by a debtor, and payments made to a
471	creditor by a registrant, shall be preserved and kept available
472	for examination by the office for 3 years after the date of
473	original entry. The office shall adopt requirements by rule for
474	maintaining the books, accounts, records, and documents retained
475	by the registrant and for destroying the records.
476	(4)  The office shall designate by rule the minimum
477	information that must be contained in the registrant's books,
478	accounts, records, and documents in order that the records will
479	enable the office to determine a registrant's compliance with
480	this part.
481	Section 9.  Section 559.5477, Florida Statutes, is created
482	to read:
483	559.5477  Administrative remedies.--
484	(1)  The office may revoke or suspend the registration of a
485	registrant under this part who:
486	(a)  Has been found guilty of, regardless of adjudication,
487	or has entered a plea of nolo contendere or guilty to, any crime
488	involving fraud, dishonest dealing, or moral turpitude;
489	(b)  Has had a final judgment entered against the person in
490	a civil action upon the grounds of fraud, embezzlement,
491	misrepresentation, or deceit;
492	(c)  Has pending against the person a criminal prosecution
493	or administrative enforcement action, in any jurisdiction, which
494	involves fraud, dishonest dealing, or any other act of moral
495	turpitude;
496	(d)  Has had any business, professional, or occupational
497	license or registration suspended, revoked, or otherwise acted
498	against in any jurisdiction;
499	(e)  Fails to maintain the surety bond required pursuant to
500	s. 559.546;
501	(f)  Fails to maintain books and records as required by s.
502	559.5476;
503	(g)  Violates any order issued by the office; or
504	(h)  Paid for a registration with a check or electronic
505	transmission of funds which failed to clear the applicant's or
506	registrant's financial institution.
507	(2)  Any registration made under this part which is based
508	upon false identification or false information, or an
509	identification that is not current with respect to name,
510	address, business location, or other fact that is material to
511	the registration, is void. Any registration made and
512	subsequently found to be void under this section does not create
513	a defense to any action brought by the office to impose a
514	sanction for a violation of this part.
515	(3)  A registrant may request to terminate its registration
516	by delivering written notice of its proposed termination to the
517	office. However, the delivery of the termination notice does not
518	affect any civil or criminal liability of the registrant or the
519	authority of the office to enforce this part.
520	(4)  The office may deny a request to terminate a
521	registration or to withdraw an application for registration if
522	the office believes that the registrant has committed an act
523	that would be grounds for denial, suspension, or revocation
524	under this part.
525	(5)  Final action by the office to revoke or suspend the
526	registration of a registrant is subject to review according to
527	chapter 120 in the same manner as revocation of a license.
528	(6)  The office may impose an administrative fine of up to
529	$1,000 per violation against an offending registrant as an
530	administrative sanction. Final action by the office to impose an
531	administrative fine is subject to review in accordance with ss.
532	120.569 and 120.57.
533	(7)  Any administrative fine imposed under this part shall
534	be payable to the office. The office shall maintain an
535	appropriate record and deposit the fine into the Regulatory
536	Trust Fund of the office.
537	(8)  An administrative action by the office to impose
538	revocation, suspension, or a fine must be brought within 2 years
539	after the date of the last violation upon which the action is
540	founded.
541	Section 10.  Subsections (1) and (8) of section 559.55,
542	Florida Statutes, are amended, and subsections (10), (11), and
543	(12) are added to that section, to read:
544	559.55  Definitions.--The following terms shall, unless the
545	context otherwise indicates, have the following meanings for the
546	purpose of this part:
547	(1)  "Debt" or "consumer debt" means:
548	(a)  Any obligation or alleged obligation of a consumer to
549	pay money arising out of a transaction in which the money,
550	property, insurance, or services which are the subject of the
551	transaction are primarily for personal, family, or household
552	purposes, whether or not such obligation has been reduced to
553	judgment; or
554	(b)  Any unsatisfied obligation for the payment of money
555	arising out of any legal order.
556	(8)  "Out-of-state consumer debt collector" means any
557	person whose business activities in this state involve both
558	collecting or attempting to collect consumer debt from debtors
559	located in this state by means of interstate communication
560	originating from outside this state and soliciting consumer debt
561	accounts for collection from creditors who have a business
562	presence in this state.  For purposes of this subsection, a
563	creditor has a business presence in this state if either the
564	creditor or an affiliate or subsidiary of the creditor has an
565	office or resides in this state.
566	(10)  "Federal Trade Commission Act" means the federal
567	legislation regulating unfair or deceptive practices or acts, as
568	set forth in 15 U.S.C. ss. 41 et seq.
569	(11)  "A person who has control over an applicant or
570	registrant" means a person who:
571	(a)  Directly, indirectly, or acting through one or more
572	other persons owns, controls, or has the power to vote 25
573	percent or more or any class of voting securities of an
574	applicant or registrant.
575	(b)  The office determines, after notice and opportunity
576	for hearing, exercises a controlling influence, directly or
577	indirectly, over the activities of an applicant or registrant.
578	(12)  "Principal of a registrant or applicant" means the
579	applicant's or registrant's owners if a partnership or sole
580	proprietorship; the corporate officers; the corporate directors,
581	other than directors of a not-for-profit corporation organized
582	under chapter 617; or the Florida resident agent if a
583	corporation is the applicant or registrant.
584	Section 11.  Section 559.552, Florida Statutes, is amended
585	to read:
586	559.552  Relationship of state and federal law.--
587	(1)  Any violation of the federal Fair Debt Collection
588	Practices Act constitutes a prohibited practice under s. 559.72.
589	(2)  Any violation of this part also constitutes a
590	violation of the Florida Deceptive and Unfair Trade Practices
591	Act.
592	(3)  Nothing in This part does not shall be construed to
593	limit or restrict the continued applicability of the federal
594	Fair Debt Collection Practices Act to consumer collection
595	practices in this state.  This part is in addition to the
596	requirements and regulations of the federal act. In construing
597	this part, due consideration and great weight shall be given to
598	interpretations of the Federal Trade Commission Act and the Fair
599	Debt Collection Practices Act by the Federal Trade Commission
600	and the federal courts. In the event of any inconsistency
601	between any provision of this part and any provision of the
602	federal act, including federal case law, the provision that
603	which is more protective of the consumer or debtor shall
604	prevail.
605	Section 12.  Section 559.553, Florida Statutes, is amended
606	to read:
607	559.553  Registration of consumer collection agencies
608	required; exemptions.--
609	(1)  After January 1, 1994, a no person may not shall
610	engage in business in this state as a consumer collection agency
611	or continue to do business in this state as a consumer
612	collection agency without first registering in accordance with
613	this part, and thereafter maintaining a valid registration.
614	(2)  Each consumer collection agency doing business in this
615	state shall register with the office and renew its such
616	registration annually as set forth in s. 559.555.
617	(3)  A prospective registrant is shall be entitled to be
618	registered when registration information is complete on its face
619	and the applicable registration fee has been paid; however, the
620	office may deny an application for reject a registration
621	submitted by a prospective registrant if the applicant
622	registrant or any principal or person having control of the
623	applicant registrant previously has held any professional
624	license or state registration that which was the subject of any
625	suspension or revocation which has not been explained by the
626	prospective registrant to the satisfaction of the office either
627	in the registration information submitted initially or upon the
628	subsequent written request of the office. If In the event that
629	an application for attempted registration is denied rejected by
630	the office the prospective registrant shall be informed of the
631	basis for the denial rejection.
632	(4)  This section does shall not apply to:
633	(a)  An Any original creditor.
634	(b)  A Any member of The Florida Bar.
635	(c)  A Any financial institution authorized to do business
636	in this state and any wholly owned subsidiary and affiliate
637	thereof.
638	(d)  A Any licensed real estate broker.
639	(e)  An Any insurance company authorized to do business in
640	this state.
641	(f)  A Any consumer finance company and a any wholly owned
642	subsidiary and affiliate thereof.
643	(g)  A Any person licensed under pursuant to chapter 520.
644	(h)  An Any out-of-state consumer debt collector who does
645	not solicit consumer debt accounts for collection from credit
646	grantors who have a business presence in this state.
647	(i)  A Any FDIC-insured institution or subsidiary or
648	affiliate thereof.
649	(5)  An Any out-of-state consumer debt collector as defined
650	in s. 559.55(8) who is not exempt from registration by
651	application of subsection (4) and who fails to register in
652	accordance with this part shall be subject to an enforcement
653	action by the state as specified in s. 559.565.
654	Section 13.  Section 559.555, Florida Statutes, is amended
655	to read:
656	559.555  Registration of consumer collection agencies;
657	procedure.--
658	(1)  An application for registration under this part shall
659	be filed on a form prescribed by the office and must contain:
660	(a)  The name, residence, and business addresses of:
661	1.  The applicant;
662	2.  Any person having control over the applicant or
663	registrant;
664	3.  Any principal of an applicant or registrant;
665	4.  Each member if the applicant is a partnership or
666	association; and
667	5.  Each officer, director, and registered agent if the
668	applicant is a corporation.
669	(b)  The business name, trade name, fictitious name, or
670	name under which the consumer collection business is doing
671	business; the current mailing address of the consumer collection
672	agency; and the business location of each place from which the
673	consumer collection agency operates a main or branch office,
674	with a designation of which location constitutes its principal
675	place of business.
676	(c)  If the applicant is a commercial collection agency,
677	the full name, address, telephone number, and social security
678	number or federal identification number of each corporate owner,
679	the applicant's owners or corporate officers and directors, and
680	the Florida resident agent of the registering agency.
681	(d)  A statement listing each county in this state in which
682	the applicant is currently doing business or plans to do
683	business within the next calendar year, indicating each county
684	in which the applicant holds an occupational license.
685	(e)  A statement listing each county in this state in which
686	the applicant is currently operating under a fictitious name or
687	trade name other than that of the applicant, indicating the date
688	and place of registration of any fictitious name or trade name.
689	(f)  A statement listing the names of any other
690	corporations, entities, or trade names by which any owner or
691	director of the applicant was known or did business as a
692	collection agency in the 5 years immediately before the year in
693	which the agency is registering.
694	(g)  A statement clearly identifying and explaining each
695	occasion on which a professional or occupational license held by
696	the applicant, any principal of the applicant, or any business
697	entity in which any principal of the applicant was the owner of
698	10 percent or more of the business was the subject of any
699	suspension, revocation, or other disciplinary action.
700	(h)  A statement clearly identifying and explaining each
701	occasion when a principal of the applicant was found guilty of a
702	crime involving moral turpitude or dishonest conduct.
703	(i)  Any additional relevant information that the office
704	requires.
705	(2)  The application information must include a statement
706	clearly identifying and explaining each occasion when a
707	professional license or state registration held by a person with
708	control over an applicant or by any business entity in which any
709	person with control over an applicant was the owner of 10
710	percent or more of the business was the subject of a suspension
711	or revocation proceeding. Any person required to register as a
712	consumer collection agency shall furnish to the office the
713	registration fee and information as follows:
714	(3)(1)  The applicant or registrant shall pay to the office
715	a nonrefundable registration fee in the amount of $200.  All
716	amounts collected shall be deposited by the office to the credit
717	of the Regulatory Trust Fund of the office.
718	(4)(2)  Each applicant or registrant shall provide to the
719	office the business name or trade name, the current mailing
720	address, the current business location that which constitutes
721	its principal place of business, and the full name of each
722	individual who is a principal of the applicant or registrant.
723	"Principal of a registrant" means the registrant's owners if a
724	partnership or sole proprietorship, corporate officers,
725	corporate directors other than directors of a not-for-profit
726	corporation organized pursuant to chapter 617 and Florida
727	resident agent if a corporate registrant.  The registration
728	information shall include a statement clearly identifying and
729	explaining any occasion on which any professional license or
730	state registration held by the registrant, by any principal of
731	the registrant, or by any business entity in which any principal
732	of the registrant was the owner of 10 percent or more of such
733	business, was the subject of any suspension or revocation.
734	(5)  Notwithstanding s. 559.553(3), the office may deny
735	registration if the applicant, any principal of the applicant,
736	or any person having control of the applicant:
737	(a)  Has committed any practice prohibited under s. 559.72;
738	(b)  Is under investigation by the office, any state
739	attorney, or the Department of Legal Affairs for committing a
740	practice prohibited under s. 559.72;
741	(c)  Is currently subject to pending enforcement by any
742	federal authority for violations of the Fair Debt Collection
743	Practices Act or the Federal Trade Commission Act;
744	(d)  Has been found guilty of, regardless of adjudication,
745	or has entered a plea of nolo contendere or guilty to,
746	racketeering or any offense involving fraud or dishonest
747	dealing;
748	(e)  Has been found guilty of, regardless of adjudication,
749	or has entered a plea of nolo contendere or guilty to, any
750	felony;
751	(f)  Has had entered against him or her, or any business
752	for which he or she has worked or been affiliated, an
753	injunction, a temporary restraining order, or a final judgment
754	or order, including a stipulated judgment or order, an assurance
755	of voluntary compliance, or any similar document, in any civil
756	or administrative action involving racketeering, fraud, theft,
757	embezzlement, fraudulent conversion, or misappropriation of
758	property or the use of any untrue, deceptive, or misleading
759	representation in an attempt to sell or dispose of real or
760	personal property or the use of any unfair, unlawful, or
761	deceptive trade practice, whether or not there is any litigation
762	pending against the applicant;
763	(g)  Is subject to or has worked or been affiliated with
764	any company that is, or ever has been, subject to any
765	injunction, temporary restraining order, including a stipulated
766	judgment or order, an assurance of voluntary compliance, or any
767	similar document, or any restrictive court order relating to
768	business activity as the result of any action brought by a
769	governmental agency, including any action affecting any license
770	to do business or practice an occupation or trade;
771	(h)  Has at any time during the previous 7 years filed for
772	bankruptcy, been adjudged bankrupt, or been reorganized because
773	of insolvency;
774	(i)  Falsified or willfully omitted any material
775	information asked for in any application, document, or record
776	required to be submitted under this part or the rules of the
777	office;
778	(j)  Made a material false statement of fact in an
779	application for registration or in response to any request or
780	investigation by the office, the Department of Legal Affairs, or
781	the state attorney; or
782	(k)  Has been the subject of any adverse decision, finding,
783	injunction, suspension, prohibition, revocation, denial, or
784	judgment by any court of competent jurisdiction or an
785	administrative order by an administrative law judge, or by any
786	state or federal agency or any business, professional, or
787	occupational association involving a violation of any law, rule,
788	or regulation relating to business or professional licensing.
789	(6)  A registrant shall maintain a surety bond of $50,000
790	issued by a surety company admitted to do business in this state
791	and assigned to the office for the benefit of consumers.
792	(7)  Upon the filing of an application for registration and
793	payment of all applicable fees, the office shall, unless the
794	application is to renew or reactivate an existing license,
795	investigate the applicant. If the office determines that
796	registration should be granted, it shall register the applicant
797	for a period not to exceed 1 year.
798	(8)  A registration must be obtained for each place of
799	business subject to registration under this chapter. A
800	registration is not transferable or assignable.
801	(9)  A registrant must give notice to the office within 10
802	business days of any of the following:
803	(a)  Relocation of the place of the registrant's business;
804	and
805	(b)  The registrant becoming subject to a voluntary or
806	involuntary bankruptcy.
807	(10)  An application form is deemed to be received for
808	purposes of s. 120.60 upon receipt of a completed application,
809	as prescribed by commission rule, the nonrefundable application
810	fee, and any other fee prescribed by law or rule.
811	(11)(a)(3)  Renewal of registration shall be made between
812	October 1 and December 31 of each year.  There shall be no
813	proration of the fee for any registration. The office shall
814	adopt rules for the renewal of registration.
815	(b)  A registration that is not renewed by the end of the
816	calendar year expires automatically. A consumer collection
817	agency that has not renewed its registration by the time the
818	registration period expires may request reactivation of its
819	registration. The registrant must file its request with the
820	office on or before January 31 of the year following the year of
821	expiration. The request must contain any information the office
822	requires, together with the registration fee required in
823	subsection (1) and a late fee equal to the registration fee. Any
824	reactivation of registration granted by the office during the
825	month of January is deemed retroactive to January 1 of that
826	year. Any registrant that engages in the business of a consumer
827	collection agency after its registration has expired, violates
828	ss. 559.553 and 559.785(1).
829	Section 14.  Section 559.565, Florida Statutes, is amended
830	to read:
831	559.565  Enforcement action against out-of-state consumer
832	debt collector.--The remedies of this section are cumulative to
833	other sanctions and enforcement provisions of this part for any
834	violation by an out-of-state consumer debt collector, as defined
835	in s. 559.55(8).
836	(1)  Any out-of-state consumer debt collector who collects
837	or attempts to collect consumer debts in this state without
838	first registering in accordance with this part shall be subject
839	to an administrative fine not to exceed $1,000 per violation
840	together with reasonable attorney fees and court costs in any
841	successful action by the state to collect the such fines.
842	(2)  Any person, whether or not exempt from registration
843	under this part, who is otherwise subject to the jurisdiction of
844	this state and violates the provisions of s. 559.72 shall be
845	subject to sanctions for the such violations the same as any
846	other consumer debt collector, including imposition of an
847	administrative fine.  The registration of a duly registered out-
848	of-state consumer debt collector shall be subject to revocation
849	or suspension in the same manner as the registration of any
850	other registrant under this part.
851	(3)  In order to effectuate the provisions of this section
852	and enforce the requirements of this part as it relates to out-
853	of-state consumer debt collectors, the Attorney General is
854	expressly authorized to initiate an such action on behalf of the
855	state as he or she deems appropriate in any federal district
856	court of competent jurisdiction.
857	Section 15.  Section 559.72, Florida Statutes, is amended
858	to read:
859	559.72  Prohibited practices generally.--In collecting
860	consumer debts, a no person may not shall:
861	(1)  Simulate in any manner a law enforcement officer or a
862	representative of any governmental agency;
863	(2)  Use or threaten force, or violence, or any other means
864	to harm the physical person, property, or reputation of any
865	person;
866	(3)  Tell a debtor who disputes a consumer debt that she or
867	he or any person employing her or him will disclose to another,
868	orally or in writing, directly or indirectly, information
869	affecting the debtor's reputation for credit worthiness without
870	also informing the debtor that the existence of the dispute will
871	also be disclosed as required by subsection (6);
872	(4)  Communicate or threaten to communicate with a debtor's
873	employer prior to obtaining final judgment against the debtor,
874	unless the debtor gives her or his permission in writing to
875	contact her or his employer or acknowledges in writing the
876	existence of the debt after the debt has been placed for
877	collection, but this shall not prohibit a person from telling
878	the debtor that her or his employer will be contacted if a final
879	judgment is obtained;
880	(5)  Disclose to a person other than the debtor or her or
881	his family information affecting the debtor's reputation,
882	whether or not for credit worthiness, with knowledge or reason
883	to know that the other person does not have a legitimate
884	business need for the information or that the information is
885	false;
886	(6)  Disclose information concerning the existence of a
887	debt known to be reasonably disputed by the debtor without
888	disclosing that fact.  If a disclosure is made prior to such
889	reasonable dispute having been asserted and written notice is
890	received from the debtor that any part of the debt is disputed
891	and if such dispute is reasonable, the person who made the
892	original disclosure shall reveal upon the request of the debtor
893	within 30 days the details of the dispute to each person to whom
894	disclosure of the debt without notice of the dispute was made
895	within the preceding 90 days;
896	(7)  Willfully communicate with the debtor or any member of
897	her or his family with such frequency as can reasonably be
898	expected to harass the debtor or her or his family, or willfully
899	engage in other conduct which can reasonably be expected to
900	abuse or harass the debtor or any member of her or his family;
901	(8)  Use profane, obscene, vulgar, or willfully abusive
902	language in communicating with the debtor or any member of her
903	or his family;
904	(9)  Claim, attempt, or threaten to enforce a debt when
905	such person knows that the debt is not legitimate or assert the
906	existence of some other legal right when such person knows that
907	the right does not exist;
908	(10)  Use a communication which simulates in any manner
909	legal or judicial process or which gives the appearance of being
910	authorized, issued or approved by a government, governmental
911	agency, or attorney at law, when it is not;
912	(11)  Communicate with a debtor under the guise of an
913	attorney by using the stationery of an attorney or forms or
914	instruments which only attorneys are authorized to prepare;
915	(12)  Orally communicate with a debtor in such a manner as
916	to give the false impression or appearance that such person is
917	or is associated with an attorney;
918	(13)  Advertise or threaten to advertise for sale any debt
919	as a means to enforce payment except under court order or when
920	acting as an assignee for the benefit of a creditor;
921	(14)  Publish or post, threaten to publish or post, or
922	cause to be published or posted before the general public
923	individual names or any list of names of debtors, commonly known
924	as a deadbeat list, for the purpose of enforcing or attempting
925	to enforce collection of consumer debts;
926	(15)  Refuse to provide adequate identification of herself
927	or himself or her or his employer or other entity whom she or he
928	represents when requested to do so by a debtor from whom she or
929	he is collecting or attempting to collect a consumer debt;
930	(16)  Mail any communication to a debtor in an envelope or
931	postcard with words typed, written, or printed on the outside of
932	the envelope or postcard indicating that the purpose of the
933	communication is to collect a debt or is otherwise calculated to
934	embarrass the debtor.  An example of this would be an envelope
935	addressed to "Deadbeat, Jane Doe" or "Deadbeat, John Doe";
936	(17)  Communicate with the debtor between the hours of 9
937	p.m. and 8 a.m. in the debtor's time zone, at any unusual time
938	or place, or a time or place that is known or should be known to
939	be inconvenient for the debtor without the prior consent of the
940	debtor;
941	(18)  Communicate with a debtor if the person knows that
942	the debtor is represented by an attorney with respect to such
943	debt and has knowledge of, or can readily ascertain, such
944	attorney's name and address, unless the debtor's attorney fails
945	to respond within a reasonable period of time to a communication
946	from the person, unless the debtor's attorney consents to a
947	direct communication with the debtor, or unless the debtor
948	initiates the communication; or
949	(19)  Cause charges to be made to any debtor for
950	communications by concealment of the true purpose of the
951	communication, including collect telephone calls and telegram
952	fees.
953	Section 16.  Section 559.725, Florida Statutes, is amended
954	to read:
955	559.725  Consumer complaints; administrative duties.--
956	(1)  Any person having reason to believe that this part has
957	been violated may file a written complaint with the office
958	setting forth the details of the alleged violation.
959	(2)  The office may conduct an investigation of any person,
960	within or outside this state, which it believes is necessary in
961	order to determine whether a person has violated this part or
962	the rules adopted by the office.
963	(3)(a)  The office may conduct examinations of any
964	registrant. The office shall conduct all examinations at a
965	location in this state convenient to the registrant unless the
966	office determines that it is more effective or cost-efficient to
967	perform the examination at the registrant's out-of-state
968	location.
969	(b)  The registrant shall pay the travel expenses and per
970	diem subsistence at the rate provided by law for an examination
971	conducted at the registrant's out-of-state location. The
972	registrant shall pay for up to 30 8-hour days per year for each
973	office examiner participating in the examination. However, if
974	the examination involves or reveals fraudulent misconduct by the
975	registrant, the registrant shall pay the travel expenses and per
976	diem subsistence, without limitation, for each examiner
977	participating in the examination.
978	(4)  Nothing in this part may be construed to be a
979	jurisdictional prerequisite to enforcement by the office, the
980	Department of Legal Affairs, or a state attorney.
981	(1)  The Division of Consumer Services of the Department of
982	Financial Services shall serve as the registry for receiving and
983	maintaining records of inquiries, correspondence, and complaints
984	from consumers concerning any and all persons who collect debts,
985	including consumer collection agencies.
986	(2)  The division shall classify complaints by type and
987	identify the number of written complaints against persons
988	collecting or attempting to collect debts in this state,
989	including credit grantors collecting their own debts, debt
990	collectors generally, and, specifically, consumer collection
991	agencies as distinguished from other persons who collect debts
992	such as commercial debt collection agencies regulated under part
993	V of this chapter. The division shall identify the nature and
994	number of various kinds of written complaints, including
995	specifically those alleging violations of s. 559.72.
996	(3)  The division shall inform and furnish relevant
997	information to the appropriate regulatory body of the state, or
998	The Florida Bar in the case of attorneys, when any consumer debt
999	collector exempt from registration under this part has been
1000	named in five or more written consumer complaints alleging
1001	violations of s. 559.72 within a 12-month period.
1002	(4)  The division shall furnish a form to each complainant
1003	whose complaint concerns an alleged violation of s. 559.72 by a
1004	consumer collection agency.  Such form may be filed with the
1005	office.  The form shall identify the accused consumer collection
1006	agency and provide for the complainant's summary of the nature
1007	of the alleged violation and facts which allegedly support the
1008	complaint.  The form shall include a provision for the
1009	complainant to state under oath before a notary public that the
1010	allegations therein made are true.
1011	(5)  Upon receipt of such sworn complaint, the office shall
1012	promptly furnish a copy of the sworn complaint to the accused
1013	consumer collection agency.
1014	(6)  The office shall investigate sworn complaints by
1015	direct written communication with the complainant and the
1016	affected consumer collection agency. In addition, the office
1017	shall attempt to resolve each sworn complaint and shall record
1018	the resolution of such complaints.
1019	(7)  Periodically, the office shall identify consumer
1020	collection agencies that have unresolved sworn consumer
1021	complaints from five or more different consumers within a 12-
1022	month period under the provisions of this part.
1023	(8)  The office shall issue a written warning notice to the
1024	accused consumer collection agency if the office is unable to
1025	resolve all such sworn complaints and fewer than five unresolved
1026	complaints remain. Such notice shall include a statement that
1027	the warning may constitute evidence in any future investigation
1028	of similar complaints against that agency and in any future
1029	administrative determination of the imposition of other
1030	administrative remedies available to the office under this part.
1031	(9)  The office may issue a written reprimand when five or
1032	more such unresolved sworn complaints against a consumer
1033	collection agency collectively fall short of constituting
1034	apparent repeated violations that warrant more serious
1035	administrative sanctions. Such reprimand shall include a
1036	statement that the reprimand may constitute evidence in any
1037	future investigation of similar complaints against that agency
1038	and in any future administrative determination of the imposition
1039	of other administrative remedies available to the office.
1040	(10)  The office shall issue a notice of intent either to
1041	revoke or suspend the registration or to impose an
1042	administrative fine when the office preliminarily determines
1043	that repeated violations of s. 559.72 by an accused registrant
1044	have occurred which would warrant more serious administrative
1045	sanctions being imposed under this part.  The office shall
1046	advise each registrant of the right to require an administrative
1047	hearing under chapter 120, prior to the agency's final action on
1048	the matter as authorized by s. 559.730.
1049	(5)(11)  Any government office or agency receiving a
1050	complaint under this section The office shall advise any other
1051	government office or agency with apparent jurisdiction,
1052	including the office, the appropriate state attorney, or the
1053	Attorney General in the case of an out-of-state consumer debt
1054	collector, of any determination by that agency the office of a
1055	violation, or possible violation, of the requirements of this
1056	part by any consumer collection agency, whether or which is not
1057	registered or exempt from registration as required by this part.
1058	The office shall furnish the state attorney or Attorney General
1059	with the office's information concerning the alleged violations
1060	of such requirements.
1061	Section 17.  Section 559.726, Florida Statutes, is created
1062	to read:
1063	559.726  Powers and duties of the Office of Financial
1064	Regulation.--
1065	(1)  Compliance with this part shall be enforced by the
1066	office, except to the extent that enforcement is specifically
1067	committed to another agency.
1068	(2)  The commission may adopt rules under ss. 120.536(1)
1069	and 120.54 to implement and administer this part. The commission
1070	may adopt a rule to require electronic submission of any form,
1071	document, or fee required by this part, provided that the rule
1072	reasonably accommodates a person with a technological or
1073	financial hardship. The commission may adopt a rule setting
1074	forth the criteria and procedures for obtaining an exemption due
1075	to a technological or financial hardship exemption. The
1076	commission may adopt a rule to accept certification of
1077	compliance with the requirements of this part in lieu of
1078	requiring submission of documents.
1079	(3)  All fees, charges, and fines collected by the office
1080	under this part shall be deposited to the credit of the
1081	Regulatory Trust Fund of the office.
1082	(4)  The office, or any duly authorized representative,
1083	including any financial examiner or analyst, financial
1084	investigator, or attorney at law, may:
1085	(a)  Issue, revoke, quash, or modify and serve subpoenas to
1086	compel the attendance of witnesses and subpoenas duces tecum to
1087	compel the production of all books, accounts, records, and other
1088	documents and materials relevant to an examination or
1089	investigation. The office may exercise these powers even if the
1090	subject of the investigation or examination is exempt from
1091	registration;
1092	(b)  Administer oaths and affirmations to any person; or
1093	(c)  Take or cause to be taken testimony and depositions.
1094	(5)(a)  If the office determines that a person is in
1095	substantial noncompliance with a subpoena or subpoena duces
1096	tecum that the office issued or caused to be issued, it may
1097	petition a court of competent jurisdiction in the county in
1098	which the person subpoenaed resides or has its principal place
1099	of business for an order requiring the subpoenaed person to
1100	appear and testify and to produce the books, accounts, records,
1101	and other documents that are specified in the subpoena duces
1102	tecum.
1103	(b)  The court may grant injunctive relief restraining the
1104	person from advertising, promoting, soliciting, entering into,
1105	offering to enter into, continuing, or completing any
1106	transaction involving consumer debt collection. The court may
1107	grant such other relief, including, but not limited to, the
1108	restraint, by injunction or appointment of a receiver, of any
1109	transfer, pledge, assignment, or other disposition of the
1110	person's assets or any concealment, alteration, destruction, or
1111	other disposition of the books, accounts, records, or other
1112	documents and materials that the court deems appropriate, until
1113	the person has fully complied with the subpoena duces tecum and
1114	the office has completed its investigation or examination. The
1115	court may order the refund of any sums collected whenever books
1116	and documents substantiating the transaction are not produced or
1117	cannot be produced. The office is entitled to the summary
1118	procedure as provided in s. 51.011, and the court shall advance
1119	such cause on its calendar.
1120	(c)  Attorney's fees and any other costs incurred by the
1121	office to obtain an order granting, in whole or part, a petition
1122	to enforce a subpoena or subpoena duces tecum shall be taxed
1123	against the subpoenaed person, and failure to comply with the
1124	order is a contempt of court.
1125	(6)  When it appears to the office that compliance with a
1126	subpoena or subpoena duces tecum issued under subsection (4) is
1127	essential and that the person or documents subpoenaed are
1128	otherwise unavailable to an investigation or examination, the
1129	office, in addition to the other remedies provided for in this
1130	section, may petition a court of competent jurisdiction in the
1131	county in which the subpoenaed person resides or has its
1132	principal place of business for a writ of ne exeat. The court
1133	shall direct the issuance of the writ against the subpoenaed
1134	person requiring sufficient bond conditioned on compliance with
1135	the subpoena or subpoena duces tecum. The court shall cause to
1136	be endorsed on the writ a suitable amount of bond upon the
1137	payment of which the person named in the writ shall be freed,
1138	having a due regard to the nature of the case.
1139	(7)  The office may seek a writ of attachment from the
1140	court having jurisdiction over the person who refuses to obey a
1141	subpoena, to give testimony, or to produce the matters described
1142	in the subpoena duces tecum.
1143	(8)  A copy of the petition shall be served upon the person
1144	by anyone authorized by law or this section to serve subpoenas.
1145	The individual serving the petition shall make and file with the
1146	court an affidavit showing the date, time, place, and manner of
1147	service.
1148	(9)  At a hearing on the petition to enforce compliance
1149	with a subpoena, the person subpoenaed, or any person whose
1150	interest will be substantially affected by the investigation,
1151	examination, or subpoena, may appear and object to the subpoena
1152	and to the granting of the petition. The court may make any
1153	order that justice requires in order to protect a party or other
1154	person and her or his personal and property rights, including,
1155	but not limited to, protection from annoyance, embarrassment,
1156	oppression, undue burden, or expense.
1157	(10)  Failure to comply with an order granting, in whole or
1158	in part, a petition to enforce a subpoena is a contempt of the
1159	court.
1160	(11)  Witnesses are entitled to the same fees and mileage
1161	to which they would be entitled by law for attending as
1162	witnesses in circuit court, except that fees or mileage may not
1163	be allowed for testimony of a person taken at the person's
1164	principal office or residence.
1165	(12)  Reasonable and necessary costs incurred by the office
1166	and payable to persons involved with an investigation may be
1167	assessed against any debt collector on the basis of actual costs
1168	incurred.  Assessed expenses may include, but are not limited
1169	to: expenses for interpreters; expenses for communications;
1170	expenses for legal representation; expenses for economic, legal,
1171	or other research, analysis and testimony; and fees and expenses
1172	for witnesses. A failure to reimburse the office for its
1173	reasonable and necessary costs is a reason to deny a
1174	registrant's application or to revoke the prior approval of an
1175	application.
1176	Section 18.  Section 559.7262, Florida Statutes, is created
1177	to read:
1178	559.7262  Injunction to restrain violations.--
1179	(1)  The office may bring an action on behalf of the state
1180	to enjoin any person who has violated, or who is about to
1181	violate, this part or any rule or order of the office issued
1182	under this part.
1183	(2)  In an injunctive proceeding, the court may issue a
1184	subpoena requiring the attendance of any witness or a subpoena
1185	duces tecum requiring the production of any book, account,
1186	record, or other documents and materials relevant to the pending
1187	case.
1188	(3)(a)  In addition to any procedure provided by law to
1189	enforce a temporary restraining order, temporary injunction, or
1190	permanent injunction, the court may, upon application of the
1191	office, impound the property, assets, and business of the
1192	registrant, including, but not limited to, the books, records,
1193	documents, and papers of the registrant. The receiver, when
1194	appointed and qualified, has the powers and duties that are
1195	conferred by the court.
1196	(b)  After appointing the receiver, the court may issue an
1197	order staying all pending suits and enjoining any further
1198	litigation affecting the receiver's custody or possession of the
1199	property, assets, and business, and the court, with the consent
1200	of the chief judge of the circuit, may require that all suits be
1201	assigned to the circuit court judge who appointed the receiver.
1202	Section 19.  Section 559.7263, Florida Statutes, is created
1203	to read:
1204	559.7263  Cease and desist orders; refund orders.--
1205	(1)  The office may issue and serve upon a person an order
1206	to cease and desist and to take corrective action whenever the
1207	office has reason to believe that the person is violating, has
1208	violated, or is about to violate this part, any rule or order of
1209	the office issued under this part, or any written agreement
1210	between the person and the office. Procedural matters relating
1211	to issuance and enforcement of such a cease and desist order are
1212	governed by chapter 120.
1213	(2)  The office has the power to seek an order of
1214	restitution for collected funds due to creditors or any sum
1215	collected from a debtor without valid proof of debt.
1216	Section 20.  Section 559.7264, Florida Statutes, is created
1217	to read:
1218	559.7264  Evidence; examiner's worksheets, investigative
1219	reports, other related documents.--An official written report,
1220	sworn complaint, worksheet, or other related paper, or a duly
1221	certified copy thereof, compiled, prepared, drafted, or
1222	otherwise made by the financial examiner is admissible into
1223	evidence if the financial examiner is available for cross-
1224	examination; authenticates the worksheet; and testifies that the
1225	report, worksheet, or related document was prepared as a result
1226	of an examination of the books and records of a registrant or
1227	other person conducted under the authority of this part.
1228	Section 21.  Section 559.7265, Florida Statutes, is created
1229	to read:
1230	559.7265  Books, accounts, and records; maintenance;
1231	examinations by the office.--
1232	(1)  Each registrant shall maintain, at its principal place
1233	of business designated on the registration, all books, accounts,
1234	records, and documents necessary to determine the registrant's
1235	compliance with this part.
1236	(2)  The office may authorize maintenance of records at a
1237	location other than a principal place of business. The office
1238	may require books, accounts, and records to be produced and
1239	available at a reasonable and convenient location in this state.
1240	(3)  All books, accounts, records, documents, and receipts
1241	for payments to a registrant by a debtor, and payments made to a
1242	creditor by a registrant, shall be preserved and kept available
1243	for examination by the department for 3 years after the date of
1244	original entry. The commission shall adopt requirements by rule
1245	for maintaining the books, accounts, records, and documents
1246	retained by the registrant and for destroying the records.
1247	(4)  The office shall designate by rule the minimum
1248	information that must be contained in the books, accounts,
1249	records, and documents of a registrant in order that the records
1250	will enable the office to determine a registrant's compliance
1251	with this part.
1252	Section 22.  section 559.730, Florida Statutes, is amended
1253	to read:
1254	559.730  Administrative remedies.--
1255	(1)  The office may revoke or suspend the registration of
1256	any registrant under this part who:
1257	(a)  Has committed a violation of s. 559.72 or of the
1258	federal Fair Debt Collection Practices Act;
1259	(b)  Is the subject of a complaint received by a
1260	governmental authority which indicates a clear pattern of abuse
1261	of prohibited collection practices under s. 559.72 or the
1262	federal Fair Debt Collection Practices Act;
1263	(c)  Is currently under investigation by a governmental
1264	authority for violating s. 559.72, the Florida Deceptive and
1265	Unfair Trade Practices Act, or the federal Fair Debt Collection
1266	Practices Act;
1267	(d)  Has been found guilty of, regardless of adjudication,
1268	or has entered a plea of nolo contendere or guilty to, any crime
1269	involving fraud, dishonest dealing, or moral turpitude;
1270	(e)  Had a final judgment entered against her or him in a
1271	civil action upon the grounds of fraud, embezzlement,
1272	misrepresentation, or deceit;
1273	(f)  Has pending against him or her in any jurisdiction a
1274	criminal prosecution or administrative enforcement action that
1275	involves fraud, dishonest dealing, or moral turpitude;
1276	(g)  Had a business, professional, or occupational license
1277	or registration suspended, revoked, or otherwise acted against
1278	in any jurisdiction;
1279	(h)  Fails to maintain the surety bond required pursuant to
1280	s. 559.555(6);
1281	(i)  Fails to maintain books and records as required by s.
1282	559.7265;
1283	(j)  Violates any order issued by the office;
1284	(k)  Paid for a registration with a check or electronic
1285	funds transfer that failed to clear the applicant's or
1286	registrant's financial institution; or
1287	(l)  Has engaged in repeated violations that which
1288	establish a clear pattern of abuse of prohibited collection
1289	practices under s. 559.72.
1290	(2)  Any registration made under this part which is based
1291	upon false identification or false information, or an
1292	identification that is not current with respect to name,
1293	address, business location, or other fact that is material to
1294	the registration, is void. A registration made and subsequently
1295	found to be void under this section does not create a defense to
1296	any action brought by the office to impose a sanction for a
1297	violation of this part.
1298	(3)  A registrant may request to terminate its registration
1299	by delivering written notice of its proposed termination to the
1300	office. However, the delivery of the termination notice does not
1301	affect any civil or criminal liability of the registrant or the
1302	authority of the office to enforce this part.
1303	(4)  The office may deny a request to terminate a
1304	registration or to withdraw an application for registration if
1305	the office believes that the registrant or applicant has
1306	committed an act that would be grounds for denial, suspension,
1307	or revocation of the registration.
1308	(5)  Final office action to revoke or suspend the
1309	registration of any registrant is shall be subject to review in
1310	accordance with chapter 120 in the same manner as revocation of
1311	a license.  The repeated violations of the law by one employee
1312	shall not be grounds for revocation or suspension of the
1313	registration of the employing consumer collection agency, unless
1314	the employee is also the owner of a majority interest in the
1315	collection agency.
1316	(2)  The registration of a registrant shall not be revoked
1317	or suspended if the registrant shows by a preponderance of the
1318	evidence that the violations were not intentional and resulted
1319	from bona fide error notwithstanding the maintenance of
1320	procedures reasonably adapted to avoid any such error.
1321	(3)  The office shall consider the number of complaints
1322	against the registrant in relation to the accused registrant's
1323	volume of business when determining whether suspension or
1324	revocation is the more appropriate sanction when circumstances
1325	warrant that one or the other should be imposed upon a
1326	registrant.
1327	(4)  The office shall impose suspension rather than
1328	revocation when circumstances warrant that one or the other
1329	should be imposed upon a registrant and the accused registrant
1330	demonstrates that the registrant has taken affirmative steps
1331	which can be expected to effectively eliminate the repeated
1332	violations and that the registrant's registration has never
1333	previously been suspended.
1334	(6)(5)  The office may impose an administrative fine up to
1335	$1,000 per violation against the offending registrant as an
1336	administrative a sanction for repeated violations of the
1337	provisions of s. 559.72 when violations do not rise to the level
1338	of misconduct governed by subsection (1). Final office action to
1339	impose an administrative fine is shall be subject to review in
1340	accordance with ss. 120.569 and 120.57.
1341	(7)(6)  An Any administrative fine imposed under this part
1342	shall be payable to the office.  The office shall maintain an
1343	appropriate record and shall deposit the such fine into the
1344	Regulatory Trust Fund of the office.
1345	(8)(7)  An administrative action by the office to impose
1346	revocation, suspension, or fine must shall be brought within 2
1347	years after the date of the last violation upon which the action
1348	is founded.
1349	(9)(8)  Nothing in This part does not shall be construed to
1350	preclude any person from pursuing remedies available under the
1351	federal Fair Debt Collection Practices Act, the Federal Trade
1352	Commission Act, or the Florida Deceptive and Unfair Trade
1353	Practices Act for any violation of these acts such act,
1354	including specifically against any person who is exempt from the
1355	registration provisions of this part.
1356	(10)  The remedies under this part are in addition to
1357	remedies otherwise available for the same conduct under state or
1358	local law.
1359	Section 23.  Subsection (5) of section 559.77, Florida
1360	Statutes, is amended to read:
1361	559.77  Civil remedies.--
1362	(5)  In applying and construing this section, due
1363	consideration and great weight shall be given to the
1364	interpretations of the Federal Trade Commission and the federal
1365	courts relating to the federal Fair Debt Collection Practices
1366	Act and the Federal Trade Commission Act. If there is an
1367	inconsistency between this part and an interpretation of the
1368	federal case law or the federal acts, the provision that is more
1369	protective of the consumer or debtor shall prevail.
1370	Section 24.  Section 559.785, Florida Statutes, is amended
1371	to read:
1372	559.785  Criminal penalty.--
1373	(1)  It shall be a felony misdemeanor of the third first
1374	degree, punishable as provided in s. 775.082, or s. 775.083, or
1375	s. 775.084, for any person not exempt from registering as
1376	provided in this part to:
1377	(a)  Operate or solicit business as a consumer collection
1378	agency engage in collecting consumer debts in this state without
1379	first registering with the office;, or to
1380	(b)  Register or attempt to register by means of fraud,
1381	misrepresentation, or concealment;.
1382	(c)  Engage in any consumer debt collection activity after
1383	suspension or revocation of the registrant's registration under
1384	s. 559.730(1); or
1385	(d)  Engage in any consumer debt collection activity while
1386	under a temporary or permanent injunction issued under s.
1387	559.78.
1388	(2)  Each of the following acts constitutes a misdemeanor
1389	of the second degree, punishable as provided in s. 775.082 or s.
1390	775.083:
1391	(a)  Relocating a business as a consumer collection agency
1392	or operating under any name other than that designated in the
1393	registration, unless written notification is given to the office
1394	and to the surety or sureties on the original bond.
1395	(b)  Assigning or attempting to assign a registration under
1396	this part.
1397	(3)  The court may, in addition to penalties provided in
1398	this part, invalidate the registration of any registrant under
1399	this part who has been found guilty of conduct prohibited in
1400	subsection (1) or subsection (2).
1401	(4)  The office may refer evidence concerning a violation
1402	of this part, or of any rule or order, to any criminal
1403	prosecuting agency that may, with or without the reference and
1404	in addition to any other action it might commence, bring an
1405	action against any person to enjoin, restrain, and prevent the
1406	commission of any prohibited act or practice.
1407	Section 25.  Sections 559.547 and 559.563, Florida
1408	Statutes, are repealed.
1409	Section 26.  This act shall take effect July 1, 2004.

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