HB 7155

1	A bill to be entitled
2	An act relating to claims for collections due the state;
3	amending s. 17.20, F.S.; providing that each agency is
4	responsible for exercising due diligence in securing
5	payment for all accounts receivable and other claims due
6	the state; creating requirements for agencies for purposes
7	of reporting delinquent accounts receivable; requiring
8	agencies to report annually to the Legislature and Chief
9	Financial Officer on accounts receivable and other claims
10	due the state; requiring the Chief Financial Officer to
11	report annually to the Governor and Legislature on claims
12	for collections due the state; providing an effective
13	date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 17.20, Florida Statutes, is amended to
18	read:
19	17.20  Assignment of claims for collection.-
20	(1)  The Chief Financial Officer shall charge the state
21	attorneys with the collection of all claims that are placed in
22	their hands for collection of money or property for the state or
23	any county or special district, or that it otherwise requires
24	them to collect. The charges are evidence of indebtedness of a
25	state attorney against whom any charge is made for the full
26	amount of the claim, until the charges have been collected and
27	paid into the treasury of the state or of the county or special
28	district or the legal remedies of the state have been exhausted,
29	or until the state attorney demonstrates to the Chief Financial
30	Officer that the failure to collect the charges is not due to
31	negligence and the Chief Financial Officer has made a proper
32	entry of satisfaction of the charge against the state attorney.
33	(2)  The Chief Financial Officer may assign the collection
34	of any claim to a collection agent or agents who are is
35	registered and in good standing pursuant to chapter 559, if the
36	Chief Financial Officer determines the assignation to be cost-
37	effective. The Chief Financial Officer may pay an agent from any
38	amount collected under the claim a fee that the Chief Financial
39	Officer and the agent have agreed upon; may authorize the agent
40	to deduct the fee from the amount collected; may require the
41	appropriate state agency, county, or special district to pay the
42	agent the fee from any amount collected by the agent on its
43	behalf; or may authorize the agent or agents to add a the fee to
44	the amount to be collected.
45	(3)  Each agency shall be responsible for exercising due
46	diligence in securing full payment of all accounts receivable
47	and other claims due the state.
48	(a)  No later than 120 days after the date on which the
49	account or other claim was due and payable, unless another
50	period is approved by the Chief Financial Officer, and after
51	exhausting other lawful measures available to the agency, each
52	agency shall report the delinquent accounts receivable as
53	directed by the Chief Financial Officer to the appropriate
54	collection agent for further action, excluding those agencies
55	that collect delinquent accounts with independent statutory
56	authority.
57	(b)  An agency that has delinquent accounts receivable,
58	which the agency considers to be of a nature that assignment to
59	a collection agency would be inappropriate, may request in
60	writing for an exemption for those accounts. The request shall
61	fully explain the nature of the delinquent accounts receivable
62	and the reasons the agency believes such accounts would be
63	precluded from being assigned to a collection agency. The Chief
64	Financial Officer shall disapprove the request in writing unless
65	the agency shows that a demonstrative harm to the state will
66	occur as a result of assignment to a collection agency.
67	(c)  Agencies that have delinquent accounts receivable,
68	which accounts are of such a nature that it would not be
69	appropriate to transfer collection of those delinquent accounts
70	to the Chief Financial Officer within 120 days after the date
71	they are due and payable, may request in writing a different
72	period of time for transfer of collection of such accounts. The
73	request shall fully explain the nature of the delinquent
74	accounts receivable and include a recommendation as to an
75	appropriate period.
76	(4)  Beginning October 1, 2010, and each October 1
77	thereafter, each agency shall submit a report to the President
78	of the Senate, the Speaker of the House of Representatives, and
79	the Chief Financial Officer that shall include:
80	(a)  A detailed list and total of all accounts that were
81	referred for collection and the status of such accounts,
82	including the date referred, any amounts collected, and the
83	total that remains uncollected.
84	(b)  A list and total of all delinquent accounts that were
85	not referred to a collection agency, the reasons for not
86	referring those accounts, and the actions taken by the agency to
87	collect.
88	(c)  A list of all accounts or claims, including a
89	description and the total amount of each account or claim, that
90	were written off or waived by the agency for any reason during
91	the prior fiscal year, the reason for being written off, and
92	whether any of those accounts continue to be pursued by a
93	collection agent.
94	(5)  Beginning December 1, 2010, and each December 1
95	thereafter, the Chief Financial Officer shall provide to the
96	Governor, the President of the Senate, and the Speaker of the
97	House of Representatives a report that details the following
98	information for any contracted collection agent:
99	(a)  The amount of claims referred for collection by each
100	agency, cumulatively and annually.
101	(b)  The number of accounts by age and amount.
102	(c)  A listing of those agencies that failed to report
103	known claims to the Chief Financial Officer in a timely manner
104	as prescribed in subsection (3).
105	(d)  The total amount of claims collected, cumulatively and
106	annually.
107	(6)(3)  Notwithstanding any other provision of law, in any
108	contract providing for the location or collection of unclaimed
109	property, the Chief Financial Officer may authorize the
110	contractor to deduct its fees and expenses for services provided
111	under the contract from the unclaimed property that the
112	contractor has recovered or collected under the contract. The
113	Chief Financial Officer shall annually report to the Governor,
114	President of the Senate, and the Speaker of the House of
115	Representatives the total amount collected or recovered by each
116	contractor during the previous fiscal year and the total fees
117	and expenses deducted by each contractor.
118	Section 2.  This act shall take effect July 1, 2010.

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