Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 302
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/07/2017           .                                

       The Committee on Transportation (Rouson) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 189 - 224
    4  and insert:
    5         (6)(a) A clerk of court shall pursue the collection of any
    6  fees, service charges, fines, court costs, and liens for the
    7  payment of attorney fees and costs pursuant to s. 938.29 which
    8  remain unpaid after 90 days by referring the account to a
    9  private attorney who is a member in good standing of The Florida
   10  Bar or collection agent who is registered and in good standing
   11  pursuant to chapter 559. In pursuing the collection of such
   12  unpaid financial obligations through a private attorney or
   13  collection agent, the clerk of the court must have attempted to
   14  collect the unpaid amount through a collection court,
   15  collections docket, or other collections process, if any,
   16  established by the court, find this to be cost-effective and
   17  follow any applicable procurement practices.
   18         (b) In retaining a private attorney or collection agent as
   19  provided in this subsection, the clerk shall solicit competitive
   20  bids from private attorneys or collection agents. The contract
   21  awarded to the successful bidder may be in effect for no longer
   22  than 3 years, with a maximum of two 1-year extensions.
   23         (c) The clerk shall consider all pertinent criteria when
   24  considering bids, including, but not limited to, performance
   25  quality and customer service. The collection fee paid to the
   26  private attorney or collection agent, including any reasonable
   27  attorney’s fee, paid to any attorney or collection agent
   28  retained by the clerk may be added to the balance owed in an
   29  amount not to exceed 40 percent of the amount owed at the time
   30  the account is referred to the attorney or agent for collection.
   31         (d) The clerk may not assess any surcharge to refer the
   32  account to a private attorney or an agent for collection.
   33         (e) The private attorney or collection agent may not impose
   34  any additional fees or surcharges other than the contractually
   35  agreed-upon amounts.
   36         (f) The clerk shall give the private attorney or collection
   38  ================= T I T L E  A M E N D M E N T ================
   39  And the title is amended as follows:
   40         Delete lines 7 - 13
   41  and insert:
   42         penalties, fees, charges, and costs; requiring a clerk
   43         of court to solicit competitive bids from private
   44         attorneys or collection agents for collection
   45         services, subject to certain requirements; prohibiting
   46         the clerk