HB 1133

CS

CHAMBER ACTION

1	The State Administration Appropriations Committee recommends the
2	following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to commercial and consumer collection
8	practices; amending s. 559.543, F.S.; providing a
9	definition; amending s. 559.544, F.S.; deleting provisions
10	requiring registration as a commercial collection agency;
11	specifying nonapplication of certain registration
12	requirements to certain persons or entities; amending s.
13	559.545, F.S.; revising requirements and procedures for
14	application for registration as a commercial collection
15	agency; authorizing the Financial Services Commission to
16	adopt rules; providing for fees; providing for amendments
17	to and changes in registrations; authorizing the Office of
18	Financial Regulation to deny registrations under certain
19	circumstances; amending s. 559.546, F.S.; providing
20	requirements and procedures for issuance of a corporate
21	surety bond; creating ss. 559.5471, 559.5473, 559.5474,
22	559.5475, 559.5476, 559.5477, and 559.5479, F.S.;
23	specifying powers and duties of the Office of Financial
24	Regulation; providing procedures; providing for
25	disposition of fees; authorizing the office to adopt
26	rules; authorizing the office to issue subpoenas;
27	providing requirements, procedures, and limitations;
28	authorizing the office to assess certain investigation
29	costs and expenses; authorizing the office to bring
30	certain actions for injunctions to restrain certain
31	violations; providing requirements and procedures;
32	authorizing the office to issue certain cease and desist
33	orders and take certain corrective actions for certain
34	violations; authorizing the office to seek orders of
35	restitution of certain funds; providing for admissibility
36	of certain documents and materials of the office as
37	evidence; requiring registrants to maintain certain
38	records; providing requirements and procedures for
39	maintaining such records; authorizing the office to adopt
40	rules; authorizing the office to revoke or suspend
41	registrations for certain activities by a registrant;
42	providing requirements and procedures for termination of a
43	registration; authorizing the office to impose
44	administrative fines; providing requirements and
45	limitations; providing guidelines for imposing
46	administrative remedies or penalties; providing
47	administrative guidelines for administrative penalties and
48	remedies; amending s. 559.55, F.S.; revising definitions;
49	providing additional definitions; amending s. 559.552,
50	F.S.; revising provisions specifying the relationship of
51	state and federal laws; providing construction; amending
52	s. 559.553, F.S.; deleting provisions requiring
53	registration as a consumer collection agency; specifying
54	nonapplication of certain registration requirements to
55	certain persons or entities; providing a definition;
56	amending s. 559.555, F.S.; revising requirements and
57	procedures for application for registration as a consumer
58	collection agency; authorizing the Financial Services
59	Commission to adopt rules; providing for fees; providing
60	for amendments to and changes in registrations;
61	authorizing the Office of Financial Regulation to deny
62	registrations under certain circumstances; creating s.
63	559.556, F.S.; providing requirements and procedures for
64	issuance of a corporate surety bond; amending s. 559.72,
65	F.S.; specifying prohibited activities in collecting
66	consumer debts; providing requirements for debt collectors
67	communicating with certain persons; providing prohibitions
68	and limitations; providing notification requirements;
69	prohibiting false, deceptive or misleading representations
70	by a debt collector; prohibiting unfair or unconscionable
71	means of collecting debts; requiring debt collectors to
72	provide certain notice to consumers in connection with
73	collecting a debt; specifying required information;
74	providing procedures and requirements for disputing a
75	debt; providing procedures and requirements for payments
76	on multiple debts; providing requirements for debt
77	collectors bringing legal actions on a debt; prohibiting
78	designing, compiling, and furnishing certain misleading
79	forms; providing for liability for certain violations;
80	amending s. 559.725, F.S.; revising provisions providing
81	requirements and procedures for consumer complaints;
82	creating ss. 559.726, 559.7262, 559.7263, 559.7264, and
83	559.7265, F.S.; specifying powers and duties of the Office
84	of Financial Regulation; providing procedures; providing
85	for disposition of fees; authorizing the office to adopt
86	rules; authorizing the office to issue subpoenas;
87	providing requirements, procedures, and limitations;
88	authorizing the office to assess certain investigation
89	costs and expenses; authorizing the office to bring
90	certain actions for injunctions to restrain certain
91	violations; providing requirements and procedures;
92	authorizing the office to issue certain cease and desist
93	orders and take certain corrective actions for certain
94	violations; authorizing the office to seek orders of
95	restitution of certain funds; providing for admissibility
96	of certain documents and materials of the office as
97	evidence; requiring registrants to maintain certain
98	records; providing requirements and procedures for
99	maintaining such records; authorizing the office to adopt
100	rules; amending s. 559.730, F.S.; authorizing the office
101	to revoke or suspend registrations for certain activities
102	by a registrant; providing requirements and procedures for
103	termination of a registration; authorizing the office to
104	impose administrative fines; providing requirements and
105	limitations; creating s. 559.735, F.S.; providing
106	guidelines for imposing administrative remedies or
107	penalties; amending s. 559.77, F.S.; specifying
108	application of certain provisions of law; providing for
109	priority of application; amending s. 559.785, F.S.;
110	increasing criminal penalties for certain activities;
111	specifying a criminal penalty for certain activities;
112	authorizing the office to refer certain evidence to
113	certain agencies for certain purposes; creating s.
114	559.786, F.S.; requiring the office to submit an annual
115	report; specifying contents; repealing ss. 559.547 and
116	559.563, F.S., relating to void registrations; repealing
117	s. 559.565, F.S., relating to enforcement actions against
118	out-of-state consumer debt collectors; providing an
119	appropriation; providing an effective date.
120
121	Be It Enacted by the Legislature of the State of Florida:
122
123	Section 1.  Subsection (7) is added to section 559.543,
124	Florida Statutes, to read:
125	559.543  Definitions.--As used in this part:
126	(7)  "Debtor" or "consumer" means any natural person
127	obligated or allegedly obligated to pay any debt.
128	Section 2.  Section 559.544, Florida Statutes, is amended
129	to read:
130	559.544  Registration required; Exemptions.--
131	(1)  No person shall engage in business in this state as a
132	commercial collection agency, as defined in this part, or
133	continue to do business in this state as a commercial collection
134	agency, without first registering in accordance with this part
135	and thereafter maintaining such registration.
136	(2)  Each commercial collection agency doing business in
137	this state shall register with the office and annually renew
138	such registration, providing the registration fee, information,
139	and surety bond required by this part.
140	(3)  No registration shall be valid for any commercial
141	collection agency transacting business at any place other than
142	that designated in the registration unless the office is first
143	notified in advance of any change of location. A registration
144	under this part is not transferable or assignable. Any
145	commercial collection agency desiring to change its registered
146	name, location, or agent for service of process at any time
147	other than renewal of registration shall notify the office of
148	such change prior to the change.
149	(4)  The office shall not accept any registration for any
150	commercial collection agency as validly made and filed with the
151	office under this section unless the registration information
152	furnished to the office by the registrant is complete pursuant
153	to s. 559.545 and facially demonstrates that such registrant is
154	qualified to engage in business as a commercial collection
155	agency, including specifically that neither the registrant nor
156	any principal of the registrant has engaged in any unlawful
157	collection practices, dishonest dealings, acts of moral
158	turpitude, or other criminal acts that reflect an inability to
159	engage in the commercial collection agency business. The office
160	shall inform any person whose registration is rejected by the
161	office of the fact of and basis for such rejection. A
162	prospective registrant shall be entitled to be registered when
163	her or his or its registration information is complete on its
164	face, the applicable registration fee has been paid, and the
165	required evidence of current bond is furnished to the office.
166	(5)  The registration requirements of s. 559.545 do This
167	section shall not apply to:
168	(1)(a)  A member of The Florida Bar, unless the such person
169	is primarily engaged in the collection of commercial claims.
170	"Primarily engaged in the collection of commercial claims" means
171	that more than one-half of the person's income of such person
172	arises from the business of soliciting commercial claims for
173	collection or collecting commercial claims.
174	(2)(b)  A financial institution authorized to do business
175	in this state or and any wholly owned subsidiary or an and
176	affiliate thereof.
177	(3)(c)  A licensed real estate broker.
178	(4)(d)  A title insurance company authorized to do business
179	in this state.
180	(5)(e)  A licensed consumer collection agency that which is
181	not primarily engaged in the collection of commercial claims.
182	"Not primarily engaged in the collection of commercial claims"
183	means that less than one-half of the collection revenue of the
184	such agency arises from the collection of commercial claims.
185	(6)(f)  A consumer finance company or and any wholly owned
186	subsidiary or an and affiliate thereof.
187	(7)(g)  A person licensed pursuant to chapter 520.
188	(8)(h)  A credit grantor.
189	(9)(i)  An out-of-state collector as defined in this part.
190	(10)(j)  An FDIC-insured institution or subsidiary or
191	affiliate thereof.
192	Section 3.  Section 559.545, Florida Statutes, is amended
193	to read:
194	(Substantial rewording of section. See
195	s. 559.545, Florida Statutes, for current text.)
196	559.545  Registration of commercial collection agencies;
197	procedure.--
198	(1)  A person may not engage in business in this state as a
199	commercial collection agency, as defined in this part, or
200	continue to do business in this state as a commercial collection
201	agency, unless the person is registered with the office
202	according to this part and thereafter maintains the
203	registration.
204	(2)  A registration is not valid for any commercial
205	collection agency transacting business at any place other than
206	the place designated in the registration unless the office is
207	first notified in advance of any change of location.
208	(3)  Any person who applies for registration as a
209	commercial collection agency in compliance with this part shall
210	do so on forms adopted by the commission and furnished by the
211	office. The commission may establish by rule procedures for
212	depositing fees and filing documents by electronic means
213	provided such procedures provide the office with the information
214	required by this section. The commission or office may require
215	each applicant for a commercial collection agency registration
216	to provide:
217	(a)  A nonrefundable application fee in the amount of $650.
218	All amounts collected shall be deposited to the credit of the
219	Regulatory Trust Fund of the office.
220	(b)  The name of the applicant, any other names under which
221	the applicant conducts business, and the address of the
222	applicant's principal place of business and each office in this
223	state.
224	(c)  The applicant's form and place of organization and, if
225	the applicant is a corporation, a copy of the articles of
226	incorporation and amendments to such articles, if a partnership,
227	a copy of the partnership agreement or, if limited liability
228	company, a copy of the articles of organization.
229	(d)  Documents demonstrating that the bonding requirements
230	specified in s. 559.546 have been satisfied.
231	(e)  Information and documentation necessary to make a
232	determination of the applicant's eligibility for registration.
233	(4)  The applicant shall also provide information as the
234	office may require about any partner, officer, or director of
235	the applicant, any person having the same or substantially
236	similar status or performing substantially similar functions, or
237	any person directly or indirectly controlling the applicant. For
238	purposes of this section, the term "directly or indirectly
239	controlling the applicant" means possessing the power to direct
240	or to cause the direction of the management or policies of a
241	company, whether through ownership of stock or securities, by
242	contract, or otherwise. Any individual or company that directly
243	or indirectly has the right to vote 25 percent or more of the
244	voting stock or securities of a company or is entitled to 25
245	percent or more of its profits is presumed to control that
246	company. The office may require information about any such
247	applicant or person, including:
248	(a)  His or her full name, current address, current
249	telephone number, date of birth, or social security number or
250	the federal identification number of any corporate owner.
251	(b)  His or her previous 10 year educational or employment
252	history.
253	(c)  Any adverse decision, finding, injunction, suspension,
254	prohibition, revocation, denial, or judgment by any court of
255	competent jurisdiction or an administrative order by an
256	administrative law judge, or by any state or federal agency or
257	any business, professional, or occupational association
258	involving a violation of any law, rule, or regulation relating
259	to any business or professional licensing.
260	(d)  Whether he or she committed any acts which would be
261	grounds for denial of an application under s. 559.545(10).
262	(5)  An initial application is deemed received for purposes
263	of s. 120.60 upon receipt of the completed application form
264	prescribed by commission rule, the nonrefundable application fee
265	of $650, and any other fee prescribed by law.
266	(6)  Upon the filing of an application for registration and
267	payment of all applicable fees, the office shall investigate the
268	applicant. If the office determines that registration should be
269	granted, the office shall register the applicant for a period
270	not to exceed 1 year.
271	(7)  The registration of each commercial collection agency
272	expires on December 31 of the year in which the registration
273	became effective unless the registrant has renewed its
274	registration on or before that date. Registration may be renewed
275	as the commission may require by rule, together with payment of
276	the $500 nonrefundable renewal fee and the payment of any amount
277	lawfully due and owing to the office pursuant to any order of
278	the office or pursuant to any agreement with the office. A
279	commercial collection agency that has not renewed its
280	registration by the time the registration period expires may
281	request reactivation of its registration. The registrant shall
282	file its request with the office on or before January 31 of the
283	year following the year of expiration. The request must contain
284	any information the office requires, together with the
285	registration fee required in this section, and a nonrefundable
286	reactivation fee in the amount of $250. Any reactivation of
287	registration granted by the office during the month of January
288	is deemed effective retroactive to January 1 of that year. Any
289	registrant that engages in business as a commercial collection
290	agency after its registration has expired violates subsection
291	(1), punishable as provided by ss. 559.548(1) and 559.5477(6).
292	(8)  If the information contained in any application or any
293	amendment to such application has changed, the registrant shall
294	file an amendment on the forms prescribed by the commission
295	correcting such information within 30 days after the change.
296	(9)  A registration under this part is not transferable or
297	assignable unless accomplished pursuant to this subsection.
298	(a)  Changes in registration occasioned by changes in
299	personnel of a partnership or in the principals, copartners,
300	officers, or directors of any registrant or by changes of any
301	material fact shall be reported by written amendment in such
302	form and at such time as the commission may specify by rule. In
303	any case in which a person or a group of persons, directly or
304	indirectly or acting by or through one or more persons, proposes
305	to purchase or acquire a controlling interest in a registrant,
306	such person or group shall submit an initial application for
307	registration as a commercial collection agency prior to such
308	purchase or acquisition at such time and in such form as the
309	commission may prescribe by rule.
310	(b)  The commission shall adopt rules providing for waiver
311	of the application required by this subsection when control of a
312	registrant is to be acquired by another registrant under this
313	chapter or when the application is otherwise unnecessary in the
314	public interest.
315	(10)  The office may deny registration if the applicant,
316	any principal of the applicant, or any person having control of
317	the applicant:
318	(a)  Has committed any violation of s. 559.72;
319	(b)  Is the subject of a pending criminal prosecution or
320	governmental enforcement action, in any jurisdiction, until the
321	conclusion of such criminal prosecution or enforcement action;
322	(c)  Is currently subject to a pending enforcement action
323	by any federal authority for violations of the federal Fair Debt
324	Collection Practices Act or the Federal Trade Commission Act;
325	(d)  Has been found guilty of, regardless of adjudication,
326	or has entered a plea of nolo contendere or guilty to, any
327	offense involving fraud, dishonest dealing, or moral turpitude;
328	(e)  Has been found guilty of, regardless of adjudication,
329	or has entered a plea of nolo contendere or guilty to, any
330	felony;
331	(f)  Has had entered against him or her, or against any
332	business for which he or she was directly or indirectly a
333	controlling person in the business or controlled the business,
334	an injunction, a temporary restraining order, or a final
335	judgment or order, including a stipulated judgment or order, an
336	assurance of voluntary compliance, or any similar document, in
337	any civil or administrative action involving racketeering,
338	fraud, theft, embezzlement, fraudulent conversion, or
339	misappropriation of property or the use of any untrue,
340	deceptive, or misleading representation in an attempt to sell or
341	dispose of real or personal property or the use of any unfair,
342	unlawful, or deceptive trade practice, whether or not there is
343	any litigation pending against the applicant;
344	(g)  Is subject to or was directly or indirectly a
345	controlling person in the business, or controlled the business,
346	with any company that is, or ever has been, subject to any
347	injunction; temporary restraining order, including a stipulated
348	judgment or order, an assurance of voluntary compliance, or any
349	similar document; or any restrictive court order relating to
350	business activity as the result of any action brought by a
351	governmental agency, including any action affecting any license
352	to do business or practice an occupation or trade;
353	(h)  Falsified or willfully omitted any material
354	information asked for in any application, document, or record
355	required to be submitted under this part or the rules of the
356	commission;
357	(i)  Made a material false statement of fact in an
358	application for registration or in response to any request or
359	investigation by the office; or
360	(j)  Has been the subject of any adverse decision, finding,
361	injunction, suspension, prohibition, revocation, denial, or
362	judgment by any court of competent jurisdiction or an
363	administrative order by an administrative law judge, any state
364	or federal agency, or any business, professional, or
365	occupational association involving a violation of any law, rule,
366	or regulation relating to business or professional licensing.
367	Section 4.  Section 559.546, Florida Statutes, is amended
368	to read:
369	(Substantial rewording of section. See
370	s. 559.546, Florida Statutes, for current text.)
371	559.546  Surety bond; evidence of current and valid
372	bond.--Pursuant to s. 559.545, the registrant shall provide to
373	the office evidence that the registrant has been issued a
374	current and valid surety bond as required by this part.
375	(1)  Before the office may issue a registration, the
376	applicant must provide to the office a corporate surety bond
377	issued by a bonding company or insurance company authorized to
378	do business in this state.
379	(2)  The corporate surety bond shall be in the amount of
380	$50,000, paid for and issued for the benefit of any credit
381	grantor against the registrant to secure the faithful
382	performance of the obligations of the registrant with respect to
383	the receipt, handling, and payment of funds collected by the
384	registrant.
385	(3)  If multiple claims are filed against the surety on any
386	bond in excess of the amount of the bond, the surety may pay the
387	full amount of the bond to the office and is not further liable
388	under the bond. The office shall hold the funds for distribution
389	to claimants and pay to each claimant the pro rata share of each
390	valid claim made against the funds within 6 months after the
391	date of the filing of the first claim against the surety.
392	(4)  A corporate surety bond filed with the office for
393	purposes of compliance with this section may not be canceled by
394	the registrant or the corporate surety except upon written
395	notice to the office by registered or certified mail with return
396	receipt requested. A cancellation shall not take effect fewer
397	than 30 days after receipt by the office of such written notice.
398	(5)  The corporate surety must, within 10 days after the
399	surety pays any claim to any claimant, give written notice to
400	the office by registered or certified mail of such payment with
401	details sufficient to identify the claimant and the claim or
402	judgment so paid.
403	(6)  Whenever the principal sum of such bond is reduced by
404	one or more recoveries or payments, the registrant must furnish
405	a new or additional bond so the total or aggregate principal sum
406	of such bonds equals the sum required by this section.
407	Alternatively, a registrant may furnish an endorsement executed
408	by the corporate surety reinstating the bond to the required
409	principal sum.
410	Section 5.  Sections 559.5471, 559.5473, 559.5474,
411	559.5475, 559.5476, 559.5477, and 559.5479, Florida Statutes,
412	are created to read:
413	559.5471  Powers and duties of the Office of Financial
414	Regulation.--
415	(1)  Compliance with this part shall be enforced by the
416	office, except when enforcement is specifically committed to
417	another agency.
418	(2)  The office may conduct an investigation of any person,
419	within or outside this state, which the office believes is
420	necessary in order to determine whether a person has violated
421	this chapter or the rules adopted by the commission. The office
422	may commence any such investigation when the office receives
423	information from a complaint, the public media, an informant, or
424	any other source that informs the office that a violation of
425	this chapter has occurred or may occur.
426	(3)  The commission may adopt rules under ss. 120.536(1)
427	and 120.54 to implement and administer this part.
428	(4)  The commission may adopt a rule to:
429	(a)  Require electronic submission of any form, document,
430	or fee required by this part, provided the rule reasonably
431	accommodates a person with a technological or financial
432	hardship.
433	(b)  Set forth the criteria and procedures for obtaining an
434	exemption due to a technological or financial hardship.
435	(c)  Accept certification of compliance with the
436	requirements of this part in lieu of requiring submission of
437	specified documents.
438	(5)  All fees, charges, and fines collected by the office
439	under this part shall be deposited to the credit of the
440	Regulatory Trust Fund of the office.
441	(6)  The office may:
442	(a)  Issue, revoke, quash, or modify and serve subpoenas to
443	compel the attendance of witnesses and subpoenas duces tecum to
444	compel the production of all books, accounts, records, and other
445	documents and materials relevant to an investigation. The office
446	may exercise these powers even if the subject of the
447	investigation is exempt from registration.
448	(b)  Administer oaths and affirmations to any person.
449	(c)  Take or cause to be taken testimony and depositions.
450	(7)(a)  In the event of noncompliance with a subpoena or
451	subpoena duces tecum the office issued or caused to be issued,
452	the office may petition a court of competent jurisdiction in the
453	county in which the person subpoenaed resides or has her, his,
454	or its principal place of business for an order requiring the
455	person to appear and testify and to produce the books, accounts,
456	records, and other documents that are specified in the subpoena
457	duces tecum.
458	(b)  A copy of the petition shall be served upon the person
459	subpoenaed by any person authorized by this section to serve
460	subpoenas, who shall make and file with the court an affidavit
461	showing the time, place, and date of service.
462	(c)  At a hearing on the petition to enforce compliance
463	with a subpoena, the person subpoenaed, or any person whose
464	interest will be substantially affected by the investigation or
465	subpoena, may appear and object to the subpoena and the granting
466	of the petition. The court may make any order that justice
467	requires in order to protect a party or other person and her or
468	his personal and property rights, including, but not limited to,
469	protection from annoyance, embarrassment, oppression, undue
470	burden, or expense.
471	(d)  Failure to comply with an order granting, in whole or
472	in part, a petition to enforce a subpoena is a contempt of the
473	court.
474	(8)  Witnesses are entitled to the same fees and mileage to
475	which they would be entitled by law for attending as witnesses
476	in circuit court, except that fees or mileage may not be allowed
477	for testimony of a person taken at the person's principal office
478	or residence.
479	(9)  Reasonable and necessary costs incurred by the office
480	during an investigation may be assessed against any debt
481	collector on the basis of actual costs incurred. Assessed
482	expenses may include, but are not limited to, expenses for
483	interpreters; expenses for communications; expenses for legal
484	representation; expenses for economic, legal, or other research,
485	analysis, and testimony; and fees and expenses for witnesses.
486	The failure to reimburse the office for its reasonable and
487	necessary costs is a reason to deny a registrant's application
488	or to revoke the prior approval of an application.
489	559.5473  Injunction to restrain violations; receivers.--
490	(1)  The office may bring an action on behalf of the state
491	to enjoin any person who has violated, or is about to violate,
492	this part, any rule of the commission, or any order of the
493	office issued under this part.
494	(2)  In an injunctive proceeding, the court may issue a
495	subpoena requiring the attendance of any witness or a subpoena
496	duces tecum requiring the production of any book, account,
497	record, or other documents and materials relevant to the pending
498	case.
499	(3)(a)  In addition to any procedure provided by law for
500	enforcing a temporary restraining order or a temporary or
501	permanent injunction, the court may, upon application of the
502	office, impound the property, assets, and business of the
503	registrant, including, but not limited to, the books, records,
504	documents, and papers of the registrant. The court may appoint a
505	receiver to administer the property. The receiver, when
506	appointed and qualified, has the powers and duties that are
507	conferred upon the receiver by the court.
508	(b)  After appointing a receiver, the court may issue an
509	order staying all pending suits and enjoining any further
510	litigation affecting the receiver's custody or possession of the
511	property, assets, and business and the court, with the consent
512	of the chief judge of the circuit, may require that all suits be
513	assigned to the circuit judge who appointed the receiver.
514	559.5474  Cease and desist orders; refund orders.--
515	(1)  The office may issue and serve upon a person an order
516	to cease and desist and to take corrective action whenever the
517	office has reason to believe that a person is violating, has
518	violated, or is about to violate this part, any rule or order of
519	the office issued under this part, or any written agreement
520	between the commercial collection agency and the office.
521	Procedural matters relating to the issuance and enforcement of a
522	cease and desist order are governed by chapter 120.
523	(2)  The office may seek an order of restitution from a
524	court of competent jurisdiction for collected funds due to
525	creditors or any sum collected from a debtor without valid proof
526	of debt.
527	559.5475  Evidence; examiner or investigator worksheets,
528	investigative reports, other related documents.--An official
529	written report, sworn complaint, worksheet, or other related
530	paper, or a certified copy thereof, compiled, prepared, drafted,
531	or otherwise made by the financial examiner or investigator is
532	admissible into evidence if the financial examiner or
533	investigator is available for cross examination, authenticates
534	the worksheet, and testifies that the report, worksheet, or
535	related document was prepared as a result of an investigation of
536	the books and records of a registrant or other person conducted
537	under the authority of this part.
538	559.5476  Books, accounts, and records; maintenance;
539	investigations by the office.--
540	(1)  Each registrant shall maintain, at its principal place
541	of business designated on its registration, all books, accounts,
542	records, and documents necessary to determine the registrant's
543	compliance with this part.
544	(2)  The office may authorize maintenance of records at a
545	location other than a principal place of business. The office
546	may require books, accounts, and records to be produced and
547	available at a reasonable and convenient location in this state.
548	(3)  All books, accounts, records, documents, and receipts
549	for payments to a registrant by a debtor, and payments made to a
550	creditor by a registrant, shall be preserved and kept available
551	for investigation by the office for 3 years after the date of
552	original entry. The commission shall adopt requirements by rule
553	for maintaining the books, accounts, records, and documents
554	retained by the registrant and for destroying the records.
555	(4)  The commission shall designate by rule the minimum
556	information that must be contained in the registrant's books,
557	accounts, records, and documents to enable the office to
558	determine a registrant's compliance with this part.
559	559.5477  Administrative remedies.--
560	(1)  The office may revoke or suspend the registration of a
561	registrant under this part who:
562	(a)  Has been found guilty of, regardless of adjudication,
563	or has entered a plea of nolo contendere or guilty to, any crime
564	involving fraud, dishonest dealing, or moral turpitude;
565	(b)  Has had a final judgment entered against the person a
566	civil action upon the grounds of fraud, embezzlement,
567	misrepresentation, or deceit;
568	(c)  Has had any business, professional, or occupational
569	license or registration suspended, revoked, or otherwise acted
570	against in any jurisdiction;
571	(d)  Fails to maintain the surety bond required pursuant to
572	s. 559.546;
573	(e)  Fails to maintain books and records as required by s.
574	559.5476;
575	(f)  Violates any provision of this part, any rule or order
576	adopted pursuant to this part, or any written agreement entered
577	into with the office;
578	(g)  Paid for a registration with a check or electronic
579	transmission of funds which failed to clear the registrant's
580	financial institution;
581	(h)  Falsified or willfully omitted any material
582	information asked for in any application, document, or record
583	required to be submitted under this part or the rules of the
584	commission;
585	(i)  Made a material false statement of fact in an
586	application for registration or in response to any request or
587	investigation by the office; or
588	(j)  Has a person who directly or indirectly controls the
589	applicant as defined in s. 559.545(4) that is subject to an
590	action, or commits an act, specified by paragraph (a), paragraph
591	(b), paragraph (c), paragraph (f), paragraph (h), or paragraph
592	(i).
593	(2)  A registrant may request termination of its
594	registration by delivering written notice of its proposed
595	termination to the office. However, the delivery of the
596	termination notice does not affect any civil or criminal
597	liability of the registrant or the authority of the office to
598	enforce this part.
599	(3)  The office may deny a request to terminate a
600	registration or to withdraw an application for registration if
601	the office believes that the registrant has committed an act
602	that would be grounds for denial, suspension, or revocation
603	under this part.
604	(4)  Final action by the office to revoke or suspend the
605	registration of a registrant is subject to review according to
606	chapter 120 in the same manner as revocation of a license.
607	(5)  The office may impose an administrative fine for a
608	violation of this section or s. 559.545, s. 559.546, or s.
609	559.5476 against an offending registrant as an administrative
610	sanction as follows:
611	(a)  For any nonwillful violation, the office may impose a
612	fine of up to $1,000 per violation. In no event shall such fine
613	exceed the aggregate amount of $10,000 for all nonwillful
614	violations arising out of the same action; or
615	(b)  For any willful violation, the office may impose a
616	fine of up to $2,500 per violation. In no event shall such fine
617	exceed the aggregate amount of $100,000 for all willful
618	violations arising out the same action.
619
620	Final action by the office to impose an administrative fine is
621	subject to review in accordance with ss. 120.569 and 120.57.
622	(6)  Notwithstanding any other provision of this section,
623	the office may impose a fine not to exceed $1,000 per day for
624	each day that a person violates the code by engaging in the
625	business of a commercial collection agency without being
626	registered.
627	(7)  Any administrative fine imposed under this part is
628	payable to the office. The office shall maintain an appropriate
629	record and deposit the fine into the Regulatory Trust Fund of
630	the office.
631	(8)  An administrative action by the office to impose
632	revocation, suspension, or a fine must be brought within 5 years
633	after the date of the last violation upon which the action is
634	founded.
635	(9)  The remedies under this part are in addition to
636	remedies otherwise available for the same conduct under state or
637	local law.
638	559.5479  Administrative guidelines.--In imposing any
639	administrative remedy or penalty provided for in the code, the
640	office shall take into account the appropriateness of the
641	penalty with respect to the size of the financial resources and
642	good faith of the person charged, the gravity of the violation,
643	the history of previous violations, and such other matters as
644	justice may require.
645	Section 6.  Subsections (1), (7), and (8) of section
646	559.55, Florida Statutes, are amended, and subsections (10),
647	(11), and (12) are added to said section, to read:
648	559.55  Definitions.--The following terms shall, unless the
649	context otherwise indicates, have the following meanings for the
650	purpose of this part:
651	(1)  "Debt" or "consumer debt" means:
652	(a)  Any obligation or alleged obligation of a consumer to
653	pay money arising out of a transaction in which the money,
654	property, insurance, or services which are the subject of the
655	transaction are primarily for personal, family, or household
656	purposes, whether or not such obligation has been reduced to
657	judgment; or
658	(b)  Any unsatisfied obligation for the payment of money
659	arising out of a legal order for child support.
660	(7)  "Consumer collection agency" means any debt collector
661	or business entity engaged in the business of soliciting,
662	purchasing, or collecting consumer debts in default for
663	collection or of collecting consumer debts, which debt collector
664	or business is not expressly exempted as set forth in s.
665	559.553(1)(4).
666	(8)  "Out-of-state consumer debt collector" means any
667	person whose business activities in this state involve both
668	collecting or attempting to collect consumer debt from debtors
669	located in this state by means of interstate communication
670	originating from outside this state. The term "out-of-state
671	consumer debt collector" does not include a person who solicits
672	and soliciting consumer debt accounts for collection from
673	creditors who have a business presence in this state. For
674	purposes of this subsection, a creditor has a business presence
675	in this state if either the creditor or an affiliate or
676	subsidiary of the creditor has an office in this state.
677	(10)  "Credit grantor" means any person who offers or
678	extends credit creating a debt or to whom a debt is owed, but
679	such term does not include any person to the extent that person
680	receives an assignment or transfer of a debt in default solely
681	for the purpose of facilitating collection of such debt for
682	another.
683	(11)  "Federal Trade Commission Act" means the federal
684	legislation regulating unfair or deceptive practices or acts, as
685	set forth in 15 U.S.C. ss. 41 et seq.
686	(12)  "Principal of a registrant or applicant" means any
687	owner of the applicant or registrant if a partnership or sole
688	proprietorship, the corporate officers, the corporate directors
689	other than directors of a not-for-profit corporation organized
690	under chapter 617, or the Florida resident agent if a
691	corporation is the applicant or registrant.
692	Section 7.  Section 559.552, Florida Statutes, is amended
693	to read:
694	559.552  Relationship of state and federal law.--
695	(1)  Any violation of the federal Fair Debt Collection
696	Practices Act constitutes a prohibited practice under s. 559.72.
697	This subsection shall not be construed to create any additional
698	civil cause of action as provided under s. 559.77(2).
699	(2)  Nothing in This part does not shall be construed to
700	limit or restrict the continued applicability of the federal
701	Fair Debt Collection Practices Act to consumer collection
702	practices in this state. This part is in addition to the
703	requirements and regulations of the federal act. In construing
704	this part, due consideration and great weight shall be given to
705	interpretations of the Federal Trade Commission Act and the Fair
706	Debt Collection Practices Act by the Federal Trade Commission.
707	In the event of any inconsistency between any provision of this
708	part and any provision of the federal act, the provision that
709	which is more protective of the consumer or debtor shall prevail
710	unless the more protective interpretation conflicts with the
711	case law opinions of the state and federal courts of this state
712	or the opinions of the Eleventh Circuit Court of Appeals.
713	Section 8.  Section 559.553, Florida Statutes, is amended
714	to read:
715	559.553  Registration of consumer collection agencies
716	required; Exemptions.--The registration requirements of s.
717	559.555
718	(1)  After January 1, 1994, no person shall engage in
719	business in this state as a consumer collection agency or
720	continue to do business in this state as a consumer collection
721	agency without first registering in accordance with this part,
722	and thereafter maintaining a valid registration.
723	(2)  Each consumer collection agency doing business in this
724	state shall register with the office and renew such registration
725	annually as set forth in s. 559.555.
726	(3)  A prospective registrant shall be entitled to be
727	registered when registration information is complete on its face
728	and the applicable registration fee has been paid; however, the
729	office may reject a registration submitted by a prospective
730	registrant if the registrant or any principal of the registrant
731	previously has held any professional license or state
732	registration which was the subject of any suspension or
733	revocation which has not been explained by the prospective
734	registrant to the satisfaction of the office either in the
735	registration information submitted initially or upon the
736	subsequent written request of the office. In the event that an
737	attempted registration is rejected by the office the prospective
738	registrant shall be informed of the basis for rejection.
739	(4)  This section shall not apply to:
740	(1)(a)  A Any credit grantor original creditor.
741	(2)(b)  A Any member of The Florida Bar, unless the person
742	is primarily engaged in the collection of consumer debts.
743	"Primarily engaged in the collection of consumer debts" means
744	that more than one-half of the person's income arises from the
745	business of soliciting consumer claims for collection or
746	collecting consumer claims.
747	(3)(c)  A Any financial institution authorized to do
748	business in this state or and any wholly owned subsidiary or an
749	and affiliate thereof.
750	(4)(d)  A Any licensed real estate broker.
751	(5)(e)  An Any insurance company authorized to do business
752	in this state.
753	(6)(f)  A Any consumer finance company or and any wholly
754	owned subsidiary or an and affiliate thereof.
755	(7)(g)  A Any person licensed pursuant to chapter 520.
756	(8)(h)  An Any out-of-state consumer debt collector who
757	does not solicit consumer debt accounts for collection from
758	credit grantors who have a business presence in this state.
759	(9)(i)  An Any FDIC-insured institution or subsidiary or
760	affiliate thereof.
761	(5)  Any out-of-state consumer debt collector as defined in
762	s. 559.55(8) who is not exempt from registration by application
763	of subsection (4) and who fails to register in accordance with
764	this part shall be subject to an enforcement action by the state
765	as specified in s. 559.565.
766	Section 9.  Section 559.555, Florida Statutes, is amended
767	to read:
768	(Substantial rewording of section. See
769	s. 559.555, Florida Statutes, for current text.)
770	559.555  Registration of consumer collection agencies;
771	procedure.--
772	(1)  A person may not engage in business in this state as a
773	consumer collection agency, as defined in this part, or continue
774	to do business in this state as a consumer collection agency
775	unless the person is registered with the office according to
776	this part and thereafter maintains the registration.
777	(2)  A registration is not valid for any consumer
778	collection agency transacting business at any place other than
779	that designated in the registration unless the office is first
780	notified in advance of any change of location.
781	(3)  A person who applies for registration as a consumer
782	collection agency in compliance with this part must do so on
783	forms adopted by the commission and furnished by the office. The
784	commission may establish by rule procedures for depositing fees
785	and filing documents by electronic means provided such
786	procedures provide the office with the information required by
787	this section. The commission or office may require each
788	applicant for a consumer collection agency registration to
789	provide:
790	(a)  A nonrefundable application fee in the amount of $650.
791	All amounts collected shall be deposited to the credit of the
792	Regulatory Trust Fund of the office.
793	(b)  The name of the applicant, any other names under which
794	the applicant conducts business, and the address of the
795	applicant's principal place of business and each office in this
796	state.
797	(c)  The applicant's form and place of organization and, if
798	the applicant is a corporation, a copy of the articles of
799	incorporation and amendments to such articles, if a partnership,
800	a copy of the partnership agreement, or, if limited liability
801	company, a copy of the articles of organization.
802	(d)  Documents demonstrating that the bonding requirements
803	specified in s. 559.556 have been satisfied.
804	(e)  Information and documentation necessary to make a
805	determination of the applicant's eligibility for registration.
806	(4)  The applicant shall also provide information as the
807	office may require about any partner, officer, or director of
808	the applicant, any person having the same or substantially
809	similar status or performing substantially similar functions, or
810	any person directly or indirectly controlling the applicant. For
811	purposes of this subsection, the term "directly or indirectly
812	controlling the applicant" means possessing the power to direct
813	or to cause the direction of the management or policies of a
814	company, whether through ownership of stock or securities, by
815	contract, or otherwise. Any individual or company that directly
816	or indirectly has the right to vote 25 percent or more of the
817	voting stock or securities of a company or is entitled to 25
818	percent or more of its profits is presumed to control that
819	company. The office may require information about any such
820	applicant or person, including:
821	(a)  His or her full name, current address, current
822	telephone number, date of birth, social security number, or
823	federal identification number of any corporate owner.
824	(b)  His or her previous 10-year educational or employment
825	history.
826	(c)  Any adverse decision, finding, injunction, suspension,
827	prohibition, revocation, denial, or judgment by any court of
828	competent jurisdiction or an administrative order by an
829	administrative law judge, by any state of federal agency, or by
830	any business, professional, or occupational association
831	involving a violation of any law, rule, or regulation relating
832	to business or professional licensing.
833	(d)  His or her commission of any acts which would be
834	grounds for denial of an application under subsection (10).
835	(5)  An initial application is deemed received for purposes
836	of s. 120.60 upon receipt of the completed application form
837	prescribed by commission rule, the nonrefundable application fee
838	of $650, and any other fee prescribed by law.
839	(6)  Upon the filing of an application for registration and
840	payment of all applicable fees, the office shall investigate the
841	applicant. If the office determines that registration should be
842	granted, it shall register the applicant for a period not to
843	exceed 1 year.
844	(7)  The registration of each consumer collection agency
845	shall expire on December 31 of the year in which the
846	registration became effective unless the registrant has renewed
847	its registration on or before that date. A registration may be
848	renewed as the commission may require by rule, together with
849	payment of the $275 nonrefundable renewal fee and the payment of
850	any amount lawfully due and owing to the office pursuant to any
851	order of the office or pursuant to any agreement with the
852	office. A consumer collection agency that has not renewed its
853	registration by the time the registration period expires may
854	request reactivation of its registration. The registrant must
855	file its request with the office on or before January 31 of the
856	year following the year of expiration. The request must contain
857	any information the office requires, together with the
858	registration fee required in this section and a nonrefundable
859	reactivation fee in the amount of $250. Any reactivation of
860	registration granted by the office during the month of January
861	is deemed effective retroactive to January 1 of that year. Any
862	registrant that engages in business as a consumer collection
863	agency after its registration has expired violates subsection
864	(1), punishable as provided by ss. 559.785(1) and 559.730(6).
865	(8)  If the information contained in any application or any
866	amendment to the application has changed, the registrant shall
867	file an amendment on the forms prescribed by the commission
868	correcting such information within 30 days after the change.
869	(9)  A registration under this part is not transferable or
870	assignable unless accomplished pursuant to this subsection.
871	(a)  Changes in registration occasioned by changes in
872	personnel of a partnership or in the principals, copartners,
873	officers, or directors of any registrant or by changes of any
874	material fact shall be reported by written amendment in such
875	form and at such time as the commission may specify by rule. In
876	any case in which a person or a group of persons, directly or
877	indirectly or acting by or through one or more persons, proposes
878	to purchase or acquire a controlling interest in a registrant,
879	such person or group shall submit an initial application for
880	registration as a consumer collection agency prior to such
881	purchase or acquisition at such time and in such form as the
882	commission may prescribe by rule.
883	(b)  The commission shall adopt rules providing for waiver
884	of the application required by this subsection where control of
885	a registrant is to be acquired by another registrant under this
886	chapter or where the application is otherwise unnecessary in the
887	public interest.
888	(10)  The office may deny registration if the applicant,
889	any principal of the applicant, or any person having control of
890	the applicant:
891	(a)  Has committed any violation of s. 559.72;
892	(b)  Is the subject of a pending criminal prosecution or
893	governmental enforcement action, in any jurisdiction, until the
894	conclusion of such criminal prosecution or enforcement action;
895	(c)  Is currently subject to a pending enforcement action
896	by any federal authority for violations of the Fair Debt
897	Collection Practices Act or the Federal Trade Commission Act;
898	(d)  Has been found guilty of, regardless of adjudication,
899	or has entered a plea of nolo contendere or guilty to, any
900	offense involving fraud, dishonest dealing, or moral turpitude;
901	(e)  Has been found guilty of, regardless of adjudication,
902	or has entered a plea of nolo contendere or guilty to, any
903	felony;
904	(f)  Has had entered against him or her, or any business
905	for which he or she was directly or indirectly a controlling
906	person in the business or controlled the business, an
907	injunction, a temporary restraining order, or a final judgment
908	or order, including a stipulated judgment or order, an assurance
909	of voluntary compliance, or any similar document, in any civil
910	or administrative action involving racketeering, fraud, theft,
911	embezzlement, fraudulent conversion, or misappropriation of
912	property or the use of any untrue, deceptive, or misleading
913	representation in an attempt to sell or dispose of real or
914	personal property or the use of any unfair, unlawful, or
915	deceptive trade practice, whether or not there is any litigation
916	pending against the applicant;
917	(g)  Is subject to or was directly or indirectly a
918	controlling person in the business, or controlled the business,
919	with any company that is, or ever has been, subject to any
920	injunction, temporary restraining order, including a stipulated
921	judgment or order, an assurance of voluntary compliance or any
922	similar document, or any restrictive court order relating to
923	business activity as the result of any action brought by a
924	governmental agency, including any action affecting any license
925	to do business or practice an occupation or trade;
926	(h)  Falsified or willfully omitted any material
927	information asked for in any application, document, or record
928	required to be submitted under this part or the rules of the
929	commission;
930	(i)  Made a material false statement of fact in an
931	application for registration or in response to any request or
932	investigation by the office, the Department of Legal Affairs, or
933	the state attorney; or
934	(j)  Has been the subject of any adverse decision, finding,
935	injunction, suspension, prohibition, revocation, denial, or
936	judgment by any court of competent jurisdiction or an
937	administrative order by an administrative law judge, by any
938	state or federal agency, or by any business, professional, or
939	occupational association involving a violation of any law, rule,
940	or regulation relating to business or professional licensing.
941	Section 10.  Section 559.556, Florida Statutes, is created
942	to read:
943	559.556  Surety bond.--
944	(1)  Before the office may issue a registration, the
945	applicant must provide to the office a corporate surety bond
946	issued by a bonding company or insurance company authorized to
947	do business in this state.
948	(2)  The corporate surety bond shall be in the amount of
949	$25,000, paid for and issued for the benefit of any credit
950	grantor against the registrant to secure the faithful
951	performance of the obligations of the registrant with respect to
952	the receipt, handling, and payment of funds collected by the
953	registrant.
954	(3)  If multiple claims are filed against the surety on any
955	bond in excess of the amount of the bond, the surety may pay the
956	full amount of the bond to the office and is not further liable
957	under the bond. The office shall hold the funds for distribution
958	to claimants and pay to each claimant the pro rata share of each
959	valid claim made against the funds within 6 months after the
960	date of the filing of the first claim against the surety.
961	(4)  A corporate surety bond filed with the office for
962	purposes of compliance with this section may not be canceled by
963	the registrant or the corporate surety except upon written
964	notice to the office by registered or certified mail with return
965	receipt requested. A cancellation shall not take effect less
966	than 30 days after receipt by the office of such written notice.
967	(5)  The corporate surety shall, within 10 days after the
968	surety pays any claim to a claimant, give written notice to the
969	office by registered or certified mail of such payment with
970	details sufficient to identify the claimant and the claim or
971	judgment so paid.
972	(6)  Whenever the principal sum of such bond is reduced by
973	one or more recoveries or payments, the registrant shall furnish
974	a new or additional bond so that the total or aggregate
975	principal sum of such bonds equals the sum required by this
976	section. Alternatively, a registrant may furnish an endorsement
977	executed by the corporate surety reinstating the bond to the
978	required principal sum.
979	Section 11.  Section 559.72, Florida Statutes, is amended
980	to read:
981	559.72  Prohibited practices generally.--
982	(1)  In collecting consumer debts, a consumer collection
983	agency may not no person shall:
984	(a)(1)  Simulate in any manner a law enforcement officer or
985	a representative of any governmental agency;
986	(b)(2)  Use or threaten force, or violence, or any other
987	means to harm the physical person, property, or reputation of
988	any person;
989	(c)(3)  Tell a debtor who disputes a consumer debt that she
990	or he or any person employing her or him will disclose to
991	another, orally or in writing, directly or indirectly,
992	information affecting the debtor's reputation for credit
993	worthiness without also informing the debtor that the existence
994	of the dispute will also be disclosed as required by paragraph
995	(f) subsection (6);
996	(d)(4)  Communicate or threaten to communicate with a
997	debtor's employer prior to obtaining final judgment against the
998	debtor, unless the debtor gives her or his permission in writing
999	to contact her or his employer or acknowledges in writing the
1000	existence of the debt after the debt has been placed for
1001	collection, but this shall not prohibit a person from telling
1002	the debtor that her or his employer will be contacted if a final
1003	judgment is obtained;
1004	(e)(5)  Disclose to a person other than the debtor or her
1005	or his family information affecting the debtor's reputation,
1006	whether or not for credit worthiness, with knowledge or reason
1007	to know that the other person does not have a legitimate
1008	business need for the information or that the information is
1009	false;
1010	(f)(6)  Disclose information concerning the existence of a
1011	debt known to be reasonably disputed by the debtor without
1012	disclosing that fact. If a disclosure is made prior to such
1013	reasonable dispute having been asserted and written notice is
1014	received from the debtor that any part of the debt is disputed
1015	and if such dispute is reasonable, the person who made the
1016	original disclosure shall reveal upon the request of the debtor
1017	within 30 days the details of the dispute to each person to whom
1018	disclosure of the debt without notice of the dispute was made
1019	within the preceding 90 days;
1020	(g)(7)  Willfully communicate with the debtor or any member
1021	of her or his family with such frequency as can reasonably be
1022	expected to harass the debtor or her or his family, or willfully
1023	engage in other conduct which can reasonably be expected to
1024	abuse or harass the debtor or any member of her or his family;
1025	(h)(8)  Use profane, obscene, vulgar, or willfully abusive
1026	language in communicating with the debtor or any member of her
1027	or his family;
1028	(i)(9)  Claim, attempt, or threaten to enforce a debt when
1029	such person knows that the debt is not legitimate or assert the
1030	existence of some other legal right when such person knows that
1031	the right does not exist;
1032	(j)(10)  Use a communication which simulates in any manner
1033	legal or judicial process or which gives the appearance of being
1034	authorized, issued or approved by a government, governmental
1035	agency, or attorney at law, when it is not;
1036	(k)(11)  Communicate with a debtor under the guise of an
1037	attorney by using the stationery of an attorney or forms or
1038	instruments which only attorneys are authorized to prepare;
1039	(l)(12)  Orally communicate with a debtor in such a manner
1040	as to give the false impression or appearance that such person
1041	is or is associated with an attorney;
1042	(m)(13)  Advertise or threaten to advertise for sale any
1043	debt as a means to enforce payment except under court order or
1044	when acting as an assignee for the benefit of a creditor;
1045	(n)(14)  Publish or post, threaten to publish or post, or
1046	cause to be published or posted before the general public
1047	individual names or any list of names of debtors, commonly known
1048	as a deadbeat list, for the purpose of enforcing or attempting
1049	to enforce collection of consumer debts;
1050	(o)(15)  Refuse to provide adequate identification of
1051	herself or himself or her or his employer or other entity whom
1052	she or he represents when requested to do so by a debtor from
1053	whom she or he is collecting or attempting to collect a consumer
1054	debt;
1055	(p)(16)  Mail any communication to a debtor in an envelope
1056	or postcard with words typed, written, or printed on the outside
1057	of the envelope or postcard indicating that the purpose of the
1058	communication is to collect a debt or is otherwise calculated to
1059	embarrass the debtor. An example of this would be an envelope
1060	addressed to "Deadbeat, Jane Doe" or "Deadbeat, John Doe";
1061	(q)(17)  Communicate with the debtor between the hours of 9
1062	p.m. and 8 a.m. in the debtor's time zone, at any unusual time
1063	or place, or at a time or place that is known or should be known
1064	to be inconvenient for the debtor without the prior consent of
1065	the debtor;
1066	(r)(18)  Communicate with a debtor if the person knows that
1067	the debtor is represented by an attorney with respect to such
1068	debt and has knowledge of, or can readily ascertain, such
1069	attorney's name and address, unless the debtor's attorney fails
1070	to respond within a reasonable period of time to a communication
1071	from the person, unless the debtor's attorney consents to a
1072	direct communication with the debtor, or unless the debtor
1073	initiates the communication; or
1074	(s)(19)  Cause charges to be made to any debtor for
1075	communications by concealment of the true purpose of the
1076	communication, including collect telephone calls and telegram
1077	fees.
1078	(2)  Any debt collector communicating with any person other
1079	than the consumer for the purpose of acquiring location
1080	information about the consumer:
1081	(a)  Shall identify himself or herself, state that he or
1082	she is confirming or correcting location information concerning
1083	the consumer, and, only if expressly requested, identify his or
1084	her employer.
1085	(b)  May not:
1086	1.  State that such consumer owes a debt;
1087	2.  Communicate with any such person more than once unless
1088	requested to do so by such person or unless the debt collector
1089	reasonably believes that the earlier response of such person is
1090	erroneous or incomplete and that such person now has correct or
1091	complete location information; or
1092	3.  Communicate by postcard.
1093	(3)  Without prior consent of the consumer given directly
1094	to the debt collector or express permission of a court of
1095	competent jurisdiction, a debt collector may not communicate
1096	with a consumer in connection with the collection of any debt at
1097	the consumer's place of employment if the debt collector knows
1098	or has reason to know that the consumer's employer prohibits the
1099	consumer from receiving such communication.
1100	(4)  Except as provided in subsection (2), without the
1101	prior consent of the consumer given directly to the debt
1102	collector, the express permission of a court of competent
1103	jurisdiction, or as reasonably necessary to effectuate a
1104	postjudgment remedy, a debt collector may not communicate, in
1105	connection with the collection of any debt, with any person
1106	other than a consumer, the consumer's attorney, a consumer
1107	reporting agency if otherwise permitted by law, the creditor,
1108	the creditor's attorney, or the debt collector's attorney.
1109	(5)  If a consumer notifies a debt collector in writing
1110	that the consumer refuses to pay a debt or that the consumer
1111	wishes the debt collector to cease further communication with
1112	the consumer, the debt collector shall not communicate further
1113	with the consumer with respect to such debt, except to:
1114	(a)  Advise the consumer that the debt collector's further
1115	efforts are being terminated;
1116	(b)  Notify the consumer that the debt collector or
1117	creditor may invoke specified remedies which are ordinarily
1118	invoked by such debt collector or creditor; or
1119	(c)  Where applicable, notify the consumer that the debt
1120	collector or creditor intends to invoke a specified remedy.
1121
1122	If such notice from the consumer is made by mail, notification
1123	shall be complete upon receipt. For the purpose of this
1124	subsection, the term "consumer" includes the consumer's spouse,
1125	parent if the consumer is a minor, guardian, executor, or
1126	administrator.
1127	(6)  A debt collector may not use any false, deceptive, or
1128	misleading representation or means in connection with the
1129	collection of any debt. Without limiting the general application
1130	of such prohibition, the following conduct is a violation of
1131	this subsection:
1132	(a)  The false representation of:
1133	1.  The character, amount, or legal status of any debt; or
1134	2.  Any services rendered or compensation which may be
1135	lawfully received by any debt collector for the collection of a
1136	debt.
1137	(b)  The representation or implication that nonpayment of
1138	any debt will result in the arrest or imprisonment of any person
1139	or the seizure, garnishment, attachment, or sale of any property
1140	or wages of any person unless such action is lawful and the debt
1141	collector or creditor intends to take such action.
1142	(c)  The false representation or implication that a sale,
1143	referral, or other transfer of any interest in a debt shall
1144	cause the consumer to:
1145	1.  Lose any claim or defense to payment of the debt; or
1146	2.  Become subject to any practice prohibited by this
1147	subsection.
1148	(d)  The false representation or implication that the
1149	consumer committed any crime or other conduct in order to
1150	disgrace the consumer.
1151	(e)  The use of any false representation or deceptive means
1152	to collect or attempt to collect any debt or to obtain
1153	information concerning a consumer.
1154	(f)  The failure to disclose in the initial communication
1155	that the debt collector is attempting to collect a debt and that
1156	any information obtained will be used for that purpose, and the
1157	failure to disclose in subsequent communications that the
1158	communication is from a debt collector, except this paragraph
1159	does not apply to a formal pleading made in connection with a
1160	legal action.
1161	(g)  The false representation or implication that accounts
1162	have been turned over to innocent purchasers for value.
1163	(h)  The use of any business, company, or organization name
1164	other than the true name of the debt collector's business,
1165	company, or organization.
1166	(i)  The false representation or implication that documents
1167	are not legal process forms or do not require action by the
1168	consumer.
1169	(j)  The false representation or implication that a debt
1170	collector operates or is employed by a consumer reporting
1171	agency.
1172	(7)  A debt collector may not use unfair or unconscionable
1173	means to collect or attempt to collect any debt. Without
1174	limiting the general application of such prohibition, the
1175	following conduct is a violation of this section:
1176	(a)  Collecting any amount, including any interest, fee,
1177	charge, or expense incidental to the principal obligation,
1178	unless such amount is expressly authorized by the agreement
1179	creating the debt or permitted by law.
1180	(b)  The acceptance by a debt collector from any person of
1181	a check or other payment instrument postdated by more than 5
1182	days unless such person is notified in writing of the debt
1183	collector's intent to deposit such check or instrument not more
1184	than 10 nor less than 3 business days prior to such deposit.
1185	(c)  The solicitation by a debt collector of any postdated
1186	check or postdated payment instrument for the purpose of
1187	threatening or instituting criminal prosecution.
1188	(d)  Depositing or threatening to deposit any postdated
1189	check or other postdated payment instrument prior to the date on
1190	such check or instrument.
1191	(e)  Taking or threatening to take any nonjudicial action
1192	to effect dispossession or disablement of property if:
1193	1.  There is no present right to possession of the property
1194	claimed as collateral through an enforceable security interest;
1195	2.  There is no present intention to take possession of the
1196	property; or
1197	3.  The property is exempt by law from such dispossession
1198	or disablement.
1199	(f)  Communicating with a consumer regarding a debt by post
1200	card.
1201	(8)  Within 5 days after the initial communication with a
1202	consumer in connection with the collection of any debt, a debt
1203	collector shall, unless the following information is contained
1204	in the initial communication or the consumer has paid the debt,
1205	send the consumer a written notice containing:
1206	(a)  The amount of the debt.
1207	(b)  The name of the creditor to whom the debt is owed.
1208	(c)  A statement that unless the consumer, within 30 days
1209	after receipt of the notice, disputes the validity of the debt,
1210	or any portion thereof, the debt will be assumed to be valid by
1211	the debt collector.
1212	(d)  A statement that if the consumer notifies the debt
1213	collector in writing within the 30-day period that the debt, or
1214	any portion thereof, is disputed, the debt collector will obtain
1215	verification of the debt or a copy of the judgment against the
1216	consumer and a copy of such verification or judgment will be
1217	mailed to the consumer by the debt collector.
1218	(e)  A statement that, upon the consumer's written request
1219	within the 30-day period, the debt collector will provide the
1220	consumer with the name and address of the original creditor, if
1221	different from the current creditor.
1222	(9)  If the consumer notifies the debt collector in writing
1223	within the 30-day period described in subsection (9) that the
1224	debt, or any portion of the debt, is disputed, or that the
1225	consumer requests the name and address of the original creditor,
1226	the debt collector shall cease collection of the debt, or any
1227	disputed portion thereof, until the debt collector obtains
1228	verification of the debt or any copy of a judgment, or the name
1229	and address of the original creditor, and a copy of such
1230	verification or judgment, or name and address of the original
1231	creditor, is mailed to the consumer by the debt collector.
1232	(10)  The failure of a consumer to dispute the validity of
1233	a debt under this section may not be construed by any court as
1234	an admission of liability by the consumer.
1235	(11)  If any consumer owes multiple debts and makes any
1236	single payment to any debt collector with respect to such debts,
1237	such debt collector may not apply such payment to any debt which
1238	is disputed by the consumer and, where applicable, shall apply
1239	such payment in accordance with the consumer's directions.
1240	(12)  Any debt collector who brings any legal action on a
1241	debt against any consumer shall:
1242	(a)  In the case of an action to enforce an interest in
1243	real property securing the consumer's obligation, bring such
1244	action only in a judicial district or similar legal entity in
1245	which such real property is located; or
1246	(b)  In the case of an action not described in paragraph
1247	(a), bring such action only in the judicial district or similar
1248	legal entity:
1249	1.  In which such consumer signed the contract sued upon;
1250	or
1251	2.  In which such consumer resides at the commencement of
1252	the action.
1253	(c)  Nothing in this subsection shall be construed to
1254	authorize the bringing of legal actions by debt collectors.
1255	(13)  It is unlawful to design, compile, and furnish any
1256	form knowing such form would be used to create the false belief
1257	in a consumer that a person other than the creditor of such
1258	consumer is participating in the collection of or in an attempt
1259	to collect a debt such consumer allegedly owes such creditor,
1260	when in fact such person is not participating.
1261	(14)  Nothing in this section shall be construed to create
1262	a new civil cause of action under subsections (2)-(13).
1263	Section 12.  Section 559.725, Florida Statutes, is amended
1264	to read:
1265	(Substantial rewording of section. See
1266	s. 559.725, Florida Statutes, for current text.)
1267	559.725  Consumer complaints.--
1268	(1)  Any person having reason to believe that this part has
1269	been violated may file a written complaint with the office or
1270	the Division of Consumer Services of the Department of Financial
1271	Services setting forth the details of the alleged violation.
1272	(2)  Any government office or agency receiving a complaint
1273	under this section shall advise any other government office or
1274	agency with apparent jurisdiction, including the office, the
1275	appropriate state attorney, or the Attorney General in the case
1276	of an out-of-state consumer debt collector, of any determination
1277	by that agency of a violation, or possible violation, of the
1278	requirements of this part by any consumer collection agency,
1279	whether or not registered or exempt from registration as
1280	required by this part.
1281	Section 13.  Sections 559.726, 559.7262, 559.7263,
1282	559.7264, and 559.7265, Florida Statutes, are created to read:
1283	559.726  Powers and duties of the Office of Financial
1284	Regulation.--
1285	(1)  Compliance with this part shall be enforced by the
1286	office, except when enforcement is specifically assigned to
1287	another agency.
1288	(2)  The office may conduct an investigation of any person,
1289	within or outside this state, which the office believes is
1290	necessary in order to determine whether a person has violated
1291	this chapter or the rules adopted by the commission. The office
1292	may commence any such investigation when the office receives
1293	information from a complaint, the public media, an informant, or
1294	other source that informs the office that a violation of this
1295	chapter has occurred or may occur.
1296	(3)  The commission may adopt rules under ss. 120.536(1)
1297	and 120.54 to implement and administer this part.
1298	(4)  The commission may adopt a rule to:
1299	(a)  Require electronic submission of any form, document,
1300	or fee required by this part, provided the rule reasonably
1301	accommodates a person with a technological or financial
1302	hardship.
1303	(b)  Set forth the criteria and procedures for obtaining an
1304	exemption due to a technological or financial hardship.
1305	(c)  Accept certification of compliance with the
1306	requirements of this part in lieu of requiring submission of
1307	specified documents.
1308	(5)  All fees, charges, and fines collected by the office
1309	under this part shall be deposited to the credit of the
1310	Regulatory Trust Fund of the office.
1311	(6)  The office may:
1312	(a)  Issue, revoke, quash, or modify and serve subpoenas to
1313	compel the attendance of witnesses and subpoenas duces tecum to
1314	compel the production of all books, accounts, records, and other
1315	documents and materials relevant to an investigation. The office
1316	may exercise these powers even if the subject of the
1317	investigation is exempt from registration.
1318	(b)  Administer oaths and affirmations to any person.
1319	(c)  Take, or cause to be taken, testimony and depositions.
1320	(7)(a)  In the event of noncompliance with a subpoena or
1321	subpoena duces tecum the office issued or caused to be issued,
1322	the office may petition a court of competent jurisdiction in the
1323	county in which the person subpoenaed resides or has her, his,
1324	or its principal place of business for an order requiring the
1325	person to appear and testify and to produce the books, accounts,
1326	records, and other documents that are specified in the subpoena
1327	duces tecum.
1328	(b)  A copy of the petition shall be served upon the person
1329	subpoenaed by any person authorized by this section to serve
1330	subpoenas, who shall make and file with the court an affidavit
1331	showing the time, place, and date of service.
1332	(c)  At a hearing on the petition to enforce compliance
1333	with a subpoena, the person subpoenaed, or any person whose
1334	interest will be substantially affected by the investigation or
1335	subpoena, may appear and object to the subpoena and to the
1336	granting of the petition. The court may make any order that
1337	justice requires in order to protect a party or other person and
1338	her or his personal and property rights, including, but not
1339	limited to, protection from annoyance, embarrassment,
1340	oppression, undue burden, or expense.
1341	(d)  Failure to comply with an order granting, in whole or
1342	in part, a petition to enforce a subpoena is a contempt of the
1343	court.
1344	(8)  Witnesses are entitled to the same fees and mileage to
1345	which they would be entitled by law for attending as witnesses
1346	in circuit court, except fees or mileage may not be allowed for
1347	testimony of a person taken at the person's principal office or
1348	residence.
1349	(9)  Reasonable and necessary costs incurred by the office
1350	during an investigation may be assessed against any debt
1351	collector on the basis of actual costs incurred. Assessed
1352	expenses may include, but are not limited to, expenses for
1353	interpreters; expenses for communications; expenses for legal
1354	representation; expenses for economic, legal, or other research;
1355	expenses for analysis and testimony; and fees and expenses for
1356	witnesses. The failure to reimburse the office for its
1357	reasonable and necessary costs is a reason to deny a
1358	registrant's application or to revoke the prior approval of an
1359	application.
1360	559.7262  Injunction to restrain violations; receivers.--
1361	(1)  The office may bring an action on behalf of the state
1362	to enjoin any person who has violated, or who is about to
1363	violate, this part or any rule or order of the office issued
1364	under this part.
1365	(2)  In an injunctive proceeding, the court may issue a
1366	subpoena requiring the attendance of any witness or a subpoena
1367	duces tecum requiring the production of any book, account,
1368	record, or other documents and materials relevant to the pending
1369	case.
1370	(3)(a)  In addition to any procedure provided by law for
1371	enforcing a temporary restraining order or a temporary or
1372	permanent injunction, the court may, upon application of the
1373	office, impound the property, assets, and business of the
1374	registrant, including, but not limited to, the books, records,
1375	documents, and papers of the registrant. The court may appoint a
1376	receiver to administer the property. The receiver, when
1377	appointed and qualified, has the powers and duties that are
1378	conferred by the court.
1379	(b)  After appointing the receiver, the court may issue an
1380	order staying all pending suits and enjoining any further
1381	litigation affecting the receiver's custody or possession of the
1382	property, assets, and business, and the court, with the consent
1383	of the chief judge of the circuit, may require that all suits be
1384	assigned to the circuit court judge who appointed the receiver.
1385	559.7263  Cease and desist orders; refund orders.--
1386	(1)  The office may issue and serve upon a person an order
1387	to cease and desist and to take corrective action whenever the
1388	office has reason to believe that the person is violating, has
1389	violated, or is about to violate this part, any rule or order of
1390	the office issued under this part, or any written agreement
1391	between the person and the office. Procedural matters relating
1392	to issuance and enforcement of such a cease and desist order are
1393	governed by chapter 120.
1394	(2)  The office may seek an order of restitution from a
1395	court of competent jurisdiction for collected funds due to
1396	creditors or any sum collected from a debtor without valid proof
1397	of debt.
1398	559.7264  Evidence; examiner or investigator worksheets,
1399	investigative reports, other related documents.--An official
1400	written report, sworn complaint, worksheet, or other related
1401	paper, or a duly certified copy thereof, compiled, prepared,
1402	drafted, or otherwise made by the financial examiner or
1403	investigator is admissible into evidence if the financial
1404	examiner or investigator is available for cross examination,
1405	authenticates the worksheet, and testifies that the report,
1406	worksheet, or related document was prepared as a result of an
1407	investigation of the books and records of a registrant or other
1408	person conducted under the authority of this part.
1409	559.7265  Books, accounts, and records; maintenance;
1410	examinations by the office.--
1411	(1)  Each registrant shall maintain, at its principal place
1412	of business designated on the registration, all books, accounts,
1413	records, and documents necessary to determine the registrant's
1414	compliance with this part.
1415	(2)  The office may authorize maintenance of records at a
1416	location other than a principal place of business. The office
1417	may require books, accounts, and records to be produced and
1418	available at a reasonable and convenient location in this state.
1419	(3)  All books, accounts, records, documents, and receipts
1420	for payments to a registrant by a debtor, and payments made to a
1421	creditor by a registrant, shall be preserved and kept available
1422	for investigation by the department for 3 years after the date
1423	of original entry. The commission shall adopt requirements by
1424	rule for maintaining the books, accounts, records, and documents
1425	retained by the registrant and for destroying the records.
1426	(4)  The commission shall designate by rule the minimum
1427	information that must be contained in the registrant's books,
1428	accounts, records, and documents of a registrant to enable the
1429	office to determine a registrant's compliance with this part.
1430	Section 14.  Section 559.730, Florida Statutes, is amended
1431	to read:
1432	(Substantial rewording of section. See
1433	s. 559.730, Florida Statutes, for current text.)
1434	559.730  Administrative remedies.--
1435	(1)  The office may revoke or suspend the registration of
1436	any registrant under this part who:
1437	(a)  Has been found guilty of, regardless of adjudication,
1438	or has entered a plea of nolo contendere or guilty to, any crime
1439	involving fraud, dishonest dealing, or moral turpitude;
1440	(b)  Has had a final judgment entered against the person in
1441	a civil action upon the grounds of fraud, embezzlement,
1442	misrepresentation, or deceit;
1443	(c)  Has had any business, professional, or occupational
1444	license or registration suspended, revoked, or otherwise acted
1445	against in any jurisdiction;
1446	(d)  Fails to maintain the surety bond required pursuant to
1447	s. 559.556;
1448	(e)  Fails to maintain books and records as required by s.
1449	559.7265;
1450	(f)  Violates any provision of this part, any rule or order
1451	adopted pursuant to this part, or any written agreement entered
1452	into with the office;
1453	(g)  Paid for a registration with a check or electronic
1454	transmission of funds which failed to clear the registrant's
1455	financial institution;
1456	(h)  Falsified or willfully omitted any material
1457	information asked for in any application, document, or record
1458	required to be submitted under this part or the rules of the
1459	commission;
1460	(i)  Made a material false statement of fact in an
1461	application for registration or in response to any request or
1462	investigation by the office; or
1463	(j)  Employs a person, who directly or indirectly controls
1464	the applicant as defined in s. 559.555(4), who is subject to an
1465	action, or commits an act, contemplated by paragraph (a),
1466	paragraph (b), paragraph (c), paragraph (f), paragraph (h), or
1467	paragraph (i).
1468	(2)  A registrant may request termination of its
1469	registration by delivering written notice of its proposed
1470	termination to the office. However, the delivery of the
1471	termination notice does not affect any civil or criminal
1472	liability of the registrant or the authority of the office to
1473	enforce this part.
1474	(3)  The office may deny a request to terminate a
1475	registration or to withdraw an application for registration if
1476	the office believes that the registrant has committed an act
1477	that would be grounds for denial, suspension, or revocation
1478	under this part.
1479	(4)  Final action by the office to revoke or suspend the
1480	registration of a registrant is subject to review according to
1481	chapter 120 in the same manner as revocation of a license.
1482	(5)  The office may impose an administrative fine for a
1483	violation of this section or s. 559.555, s. 559.556, 559.72, or
1484	s. 559.7265 against an offending registrant or person as an
1485	administrative sanction as follows:
1486	(a)  If the nonwillful violation constitutes a bona fide
1487	error pursuant to s. 559.77(3), the office may issue a written
1488	reprimand to the offending registrant and may require the
1489	registrant implement additional policies and procedures to avoid
1490	any future violations. For purposes of this section only, the
1491	bona fide error defense shall only apply to a violation of
1492	559.72(1)(e),(f),(p,)(q), or (r), (3), (4), (5), (7)(f), (8)(b),
1493	or (9). This subsection shall not apply if the same nonwillful
1494	violation subject to the written reprimand recurs within 2 years
1495	after the issuance of the written reprimand.
1496	(b)  If the nonwillful violation does not constitute a bona
1497	fide error pursuant to s 559.77(3), the office may impose a fine
1498	of up to $1,000 per violation. In no event shall such fine
1499	exceed the aggregate amount of $10,000 for all nonwillful
1500	violations arising out of the same action; or
1501	(c)  For any willful violation, the office may impose a
1502	fine of up to $2,500 per violation. In no event shall such fine
1503	exceed the aggregate amount of $100,000 for all willful
1504	violations arising out the same action.
1505
1506	Final action by the office to impose an administrative fine is
1507	subject to review in accordance with ss. 120.569 and 120.57.
1508	(6)  Notwithstanding any other provision of this section,
1509	the office may impose a fine not to exceed $1,000 per day for
1510	each day that a person violates the code by engaging in the
1511	business of a consumer collection agency without being
1512	registered.
1513	(7)  Any administrative fine imposed under this part shall
1514	be payable to the office. The office shall maintain an
1515	appropriate record and deposit the fine into the Regulatory
1516	Trust Fund of the office.
1517	(8)  An administrative action by the office to impose
1518	revocation, suspension, or a fine must be brought within 5 years
1519	after the date of the last violation upon which the action is
1520	founded.
1521	(9)  The remedies under this part are in addition to
1522	remedies otherwise available for the same conduct under state or
1523	local law.
1524	Section 15.  Section 559.735, Florida Statutes, is created
1525	to read:
1526	559.735  Administrative guidelines.--In imposing any
1527	administrative remedy or penalty provided for in the code, the
1528	office shall take into account the appropriateness of the
1529	penalty with respect to the amount of financial resources and
1530	good faith of the person charged, the gravity of the violation,
1531	the history of previous violations, and such other matters as
1532	justice may require.
1533	Section 16.  Subsections (1), (2), and (5) of section
1534	559.77, Florida Statutes, are amended to read:
1535	559.77  Civil remedies.--
1536	(1)  A debtor may bring a civil action against a consumer
1537	collection agency person violating the provisions of s.
1538	559.72(1) in a court of competent jurisdiction of the county in
1539	which the alleged violator resides or has his or her principal
1540	place of business or in the county wherein the alleged violation
1541	occurred.
1542	(2)  Upon adverse adjudication, the defendant shall be
1543	liable for actual damages and for additional statutory damages
1544	of up to $1,000, together with court costs and reasonable
1545	attorney's fees incurred by the plaintiff. In determining the
1546	defendant's liability for any additional statutory damages, the
1547	court shall consider the nature of the defendant's noncompliance
1548	with s. 559.72(1), the frequency and persistence of such
1549	noncompliance, and the extent to which such noncompliance was
1550	intentional. In any class action lawsuit brought under this
1551	section, the court may award additional statutory damages of up
1552	to $1,000 for each named plaintiff and an aggregate award of
1553	additional statutory damages not to exceed the lesser of
1554	$500,000 or 1 percent of the defendant's net worth for all
1555	remaining class members, but in no event may this aggregate
1556	award provide an individual class member with additional
1557	statutory damages in excess of $1,000. The court may, in its
1558	discretion, award punitive damages and may provide such
1559	equitable relief as it deems necessary or proper, including
1560	enjoining the defendant from further violations of this part. If
1561	the court finds that the suit fails to raise a justiciable issue
1562	of law or fact, the plaintiff shall be liable for court costs
1563	and reasonable attorney's fees incurred by the defendant.
1564	Nothing in this section prohibits the defendant or plaintiff
1565	from using the procedures under s. 768.79 or Rule 1.442 of the
1566	Florida Rules of Civil Procedure.
1567	(5)  In applying and construing this section, due
1568	consideration and great weight shall be given to the
1569	interpretations of the Federal Trade Commission and the federal
1570	courts relating to the federal Fair Debt Collection Practices
1571	Act and the Federal Trade Commission Act. If there is an
1572	inconsistency between this part and an interpretation of the
1573	federal acts, the provision that is more protective of the
1574	consumer or debtor shall prevail unless the more protective
1575	interpretation conflicts with the case law opinions of the state
1576	and federal courts of this state or the opinions of the Eleventh
1577	Circuit Court of Appeals.
1578	Section 17.  Section 559.785, Florida Statutes, is amended
1579	to read:
1580	559.785  Criminal penalty.--
1581	(1)  It is shall be a felony misdemeanor of the third first
1582	degree, punishable as provided in s. 775.082, or s. 775.083, or
1583	s. 775.084, for any person not exempt from registering as
1584	provided in this part to:
1585	(a)  Operate or solicit business as a consumer collection
1586	agency engage in collecting consumer debts in this state without
1587	first registering with the office;, or to
1588	(b)  Register or attempt to register by means of fraud,
1589	misrepresentation, or concealment;
1590	(c)  Engage in any consumer debt collection activity after
1591	suspension or revocation of the registrant's registration under
1592	s. 559.730(1); or
1593	(d)  Engage in any consumer debt collection activity while
1594	under a temporary or permanent injunction issued under s.
1595	559.78.
1596	(2)  Each of the following acts constitutes a misdemeanor
1597	of the second degree, punishable as provided in s. 775.082 or s.
1598	775.083:
1599	(a)  Relocating a business as a consumer collection agency
1600	or operating under any name other than that designated in the
1601	registration, unless written notification is given to the office
1602	and to the surety or sureties on the original bond.
1603	(b)  Assigning or attempting to assign a registration under
1604	this part.
1605	(3)  The office may refer evidence concerning a violation
1606	of this part, or of any rule or order, to any criminal
1607	prosecutorial agency that may, with or without the reference and
1608	in addition to any other action it might commence, bring an
1609	action against any person to enjoin, restrain, and prevent the
1610	commission of any prohibited act or practice.
1611	Section 18.  Section 559.786, Florida Statutes, is created
1612	to read:
1613	559.786  Annual report.--The Office of Financial Regulation
1614	shall submit a report on January 1, 2006, and biannually
1615	thereafter, to the President of the Senate and the Speaker of
1616	the House of Representatives containing findings and conclusions
1617	concerning the effectiveness of the consumer and commercial
1618	collection practices acts in preventing fraud, abuse, and other
1619	unlawful activity associated with the collection of commercial
1620	and consumer debts. The report shall include a summary of the
1621	type and number of complaints received by the office or the
1622	Division of Consumer Services of the Department of Financial
1623	Services. The summary shall identify the nature and number of
1624	the various kinds of complaints received. The report may further
1625	contain legislative recommendations concerning the efficacy of
1626	the consumer and commercial practices act.
1627	Section 19.  Sections 559.547, 559.563, and 559.565,
1628	Florida Statutes, are repealed.
1629	Section 20.  For the 2005-2006 fiscal year, five positions
1630	are authorized and the sum of $366,614 is appropriated from the
1631	Regulatory Trust Fund to the Office of Financial Regulation for
1632	the purpose of enforcing this act. The five positions shall
1633	consist of four examiners and one registration analyst.
1634	Section 21.  This act shall take effect July 1, 2005.

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