Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 562
       
       
       
       
       
       
                                Ì428910ÉÎ428910                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2016           .                                
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       The Committee on Commerce and Tourism (Hutson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 19 - 36
    4  and insert:
    5         (18) Communicate with a debtor if the person knows that the
    6  debtor is represented by an attorney with respect to such debt
    7  and has knowledge of, or can readily ascertain, such attorney’s
    8  name and address, unless the debtor’s attorney fails to respond
    9  within 30 days to a communication from the person, unless the
   10  debtor’s attorney consents to a direct communication with the
   11  debtor, or unless the debtor initiates the communication. A
   12  debtor, individually, may notify such person of attorney
   13  representation by way of any reasonable means, including verbal
   14  notice.
   15         (a) An original creditor is not liable for a violation of
   16  this subsection if the debtor or debtor’s attorney fails to
   17  provide notification of representation. With respect to
   18  notification of representation by a debtor’s attorney, an
   19  original creditor has knowledge that a debtor is represented by
   20  an attorney if the attorney representing the debtor has provided
   21  notification of such representation by:
   22         1. Service of pleadings in a filed action;
   23         2. Providing written notice of representation by certified
   24  mail to the registered agent of the original creditor which
   25  states that the debtor is represented by an attorney with
   26  respect to such debt and which discloses the attorney’s name and
   27  address; or
   28         3. Providing notice of representation by mail, facsimile,
   29  e-mail, or other electronic format designated by the creditor on
   30  a billing statement which states that the debtor is represented
   31  by an attorney with respect to such debt and which discloses the
   32  attorney’s name and address. The original creditor shall
   33  designate at least one of the following communication methods on
   34  a billing statement: a mailing address facsimile, e-mail, or
   35  other electronic format.
   36         (b) For purposes of this subsection, an original creditor
   37  must cease direct communication with the debtor subject to the
   38  limitations and exceptions of this subsection within 5 business
   39  days upon receiving notice of representation from the attorney
   40  representing the debtor.
   41  
   42  ================= T I T L E  A M E N D M E N T ================
   43  And the title is amended as follows:
   44         Delete lines 3 - 10
   45  and insert:
   46         s. 559.72, F.S.; authorizing a debtor to individually
   47         notify a person that is represented by an attorney
   48         under certain circumstances; providing that an
   49         original creditor is not liable for a violation of
   50         prohibited communication practices if the debtor or
   51         the debtor’s attorney fails to provide certain notice
   52         or information; providing notification requirements;
   53         providing that an original creditor must cease direct
   54         communication with the debtor under certain
   55         circumstances; providing an