HB 0667CS

CHAMBER ACTION




1The Economic Development, Trade & Banking Committee recommends
2the following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to credit counseling services; amending s.
8817.801, F.S.; revising and providing definitions;
9amending s. 817.802, F.S., relating to unlawful fees and
10costs; limiting application to certain debtors; amending
11s. 817.804, F.S.; revising annual audit requirements;
12amending s. 817.805, F.S.; including creditor
13contributions within an authorized deduction from
14requirements for disbursement of funds; providing an
15effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 817.801, Florida Statutes, is amended
20to read:
21     817.801  Definitions.--As used in this part:
22     (1)(4)  "Credit counseling agency" means any organization
23providing debt management services or credit counseling
24services.
25     (2)(1)  "Credit counseling services" means confidential
26money management, debt reduction, and financial educational
27services.
28     (3)  "Creditor contribution" means any sum that a creditor
29agrees to contribute to a credit counseling agency, whether
30directly or by setoff against amounts otherwise payable to the
31creditor on behalf of debtors. However, a creditor contribution
32may not reduce any sums to be credited to the account of a
33debtor making a payment to the credit counseling agency for
34further payment to the creditor.
35     (4)(2)  "Debt management services" means services provided
36to a debtor by a credit counseling organization for a fee to:
37     (a)  Effect the adjustment, compromise, or discharge of any
38unsecured account, note, or other indebtedness of the debtor; or
39     (b)  Receive from the debtor and disburse to a creditor any
40money or other thing of value.
41     (5)(3)  "Person" means any individual, corporation,
42partnership, trust, association, or other legal entity.
43     Section 2.  Section 817.802, Florida Statutes, is amended
44to read:
45     817.802  Unlawful fees and costs.--
46     (1)  It is unlawful for any person, while engaging in debt
47management services or credit counseling services, to charge or
48accept from a debtor residing in this state, directly or
49indirectly, a fee or contribution greater than $50 for the
50initial setup or initial consultation. Subsequently, the person
51may not charge or accept a fee or contribution from a debtor
52residing in this state greater than $120 per year for additional
53consultations or, alternatively, if debt management services as
54defined in s. 817.801(4)(2)(b) are provided, the person may
55charge the greater of 7.5 percent of the amount paid monthly by
56the debtor to the person or $35 per month.
57     (2)  No provision of This section does not prohibit
58prohibits any person, while engaging in debt management or
59credit counseling services, from imposing upon and receiving
60from a debtor a reasonable and separate charge or fee for
61insufficient funds transactions.
62     Section 3.  Paragraph (a) of subsection (1) of section
63817.804, Florida Statutes, is amended to read:
64     817.804  Requirements; disclosure and financial
65reporting.--
66     (1)  Any person engaged in debt management services or
67credit counseling services shall:
68     (a)  Obtain from a certified public accountant licensed
69under s. 473.308 an annual audit that shall include of all
70accounts of such person in which the funds of debtors are
71deposited and from which payments are made to creditors on
72behalf of debtors.
73     Section 4.  Section 817.805, Florida Statutes, is amended
74to read:
75     817.805  Disbursement of funds.--Any person engaged in debt
76management or credit counseling services shall disburse to the
77appropriate creditors all funds received from a debtor, less any
78fees permitted by s. 817.802 and any creditor contributions,
79within 30 days after receipt of such funds. Further, any person
80engaged in such services shall maintain a separate trust account
81for the receipt of any funds from debtors each debtor and the
82disbursement of such funds on behalf of such debtors debtor.
83     Section 5.  This act shall take effect July 1, 2006.


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