Florida Senate - 2016                                     SB 562
       
       
        
       By Senator Stargel
       
       
       
       
       
       15-00486A-16                                           2016562__
    1                        A bill to be entitled                      
    2         An act relating to consumer debt collection; amending
    3         s. 559.72, F.S.; providing that a person attempting to
    4         collect a debt is not liable for a violation of
    5         prohibited communication practices if the debtor or
    6         the debtor’s attorney fails to provide certain notice
    7         or information; authorizing the Office of Financial
    8         Regulation to adopt rules for certain notices
    9         delivered by electronic communication; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (18) of section 559.72, Florida
   15  Statutes, is amended to read:
   16         559.72 Prohibited practices generally.—In collecting
   17  consumer debts, no person shall:
   18         (18) Communicate with a debtor if the person has knowledge
   19  knows that the debtor is represented by an attorney with respect
   20  to such debt and has knowledge of, or can readily ascertain,
   21  such attorney’s name and address, unless the debtor’s attorney
   22  fails to respond within 30 days to a communication from the
   23  person, the debtor’s attorney fails to provide notice of
   24  representation to the address that the person designates to
   25  receive communication regarding the debt, unless the debtor’s
   26  attorney consents to a direct communication with the debtor, or
   27  unless the debtor initiates the communication. A person is not
   28  liable for a violation of this subsection if the debtor or the
   29  debtor’s attorney fails to provide the person with notice by
   30  certified mail to the address that the person designates which
   31  states that the debtor is represented by an attorney with
   32  respect to such debt and which discloses the attorney’s name and
   33  address. As an alternative to notice by certified mail, the
   34  office may adopt rules for notice of representation and receipt
   35  of response by a secure form of electronic communication.
   36         Section 2. This act shall take effect July 1, 2016.