Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 562
Ì216992HÎ216992
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/24/2016 .
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The Committee on Fiscal Policy (Stargel) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (18) of section 559.72, Florida
6 Statutes, is amended to read:
7 559.72 Prohibited practices generally.—In collecting
8 consumer debts, no person shall:
9 (18) Communicate with a debtor if the person knows that the
10 debtor is represented by an attorney with respect to such debt
11 and has knowledge of, or can readily ascertain, such attorney's
12 name and address.
13 (a) This subsection does not apply if:, unless
14 1. The debtor's attorney fails to respond within 30 days to
15 a communication from the person;, unless
16 2. The debtor's attorney consents to a direct communication
17 with the debtor;, or
18 3. unless The debtor initiates the communication.
19 (b) A creditor has knowledge that a debtor is represented
20 by an attorney if the debtor, individually, has provided notice
21 of representation by any reasonable means, including oral notice
22 to a creditor if such oral notice is provided in response to a
23 communication initiated by the creditor with respect to such
24 debt.
25 (c) A creditor has knowledge that a debtor is represented
26 by an attorney if the attorney representing the debtor has
27 provided notice of such representation by:
28 1. Service of pleadings in a filed action with respect to
29 such debt;
30 2. Providing written notice of representation to a location
31 or person according to a prior agreement between the creditor
32 and the debtor's attorney which states the debtor is represented
33 by an attorney with respect to such debt and discloses the
34 attorney's name and address;
35 3. Providing written notice of representation by certified
36 mail to the registered agent of the creditor which states that
37 the debtor is represented by an attorney with respect to such
38 debt and discloses the attorney’s name and address; or
39 4. Providing written notice of representation by mail,
40 facsimile, email, or other electronic format designated by the
41 creditor on a billing statement or other written communication
42 pertaining to the debt which states that the debtor is
43 represented by an attorney with respect to such debt and
44 discloses the attorney’s name and address.
45 (d) A creditor shall designate, on a billing statement or
46 other written communication pertaining to the debt, at least one
47 of the following communication methods for notice of
48 representation:
49 1. A mailing address;
50 2. A facsimile;
51 3. An email address; or
52 4. Other electronic format.
53 (e) For the purposes of this subsection, a creditor must
54 cease direct communication with the debtor subject to the
55 limitations and exceptions of this subsection within 5 business
56 days upon receiving notice of representation from the attorney
57 representing the debtor.
58 Section 2. This act shall take effect July 1, 2016.
59
60 ================= T I T L E A M E N D M E N T ================
61 And the title is amended as follows:
62 Delete everything before the enacting clause
63 and insert:
64 A bill to be entitled
65 An act relating to consumer debt collection; amending
66 s. 559.72, F.S.; specifying methods by which a debtor,
67 represented by an attorney, may notify a creditor of
68 such representation; specifying methods by which an
69 attorney representing a debtor may notify a creditor
70 of such representation; requiring a creditor to
71 identify the manner by which a debtor may communicate
72 notice of representation; providing a creditor must
73 cease direct communication with the debtor under
74 certain circumstances; providing an effective date.