Florida Senate - 2022 SB 1424
By Senator Rodriguez
39-01406-22 20221424__
1 A bill to be entitled
2 An act relating to prohibited practices when
3 collecting consumer debts; amending s. 559.72, F.S.;
4 prohibiting persons from contacting debtors when
5 collecting a consumer debt if the debt arises from
6 specified circumstances relating to domestic abuse,
7 elder abuse, human trafficking, identify theft,
8 exploitation of a vulnerable adult, or sexual abuse
9 and certain requirements are met; providing
10 applicability; reenacting ss. 559.565(2), 559.725(2),
11 559.77(1) and (2), and 648.44(1)(o), F.S., relating to
12 enforcement actions against out-of-state consumer debt
13 collectors, consumer complaints, civil remedies
14 relating to debt collection, and prohibitions relating
15 to bail bond agents, respectively, to incorporate the
16 amendments made to s. 559.72, F.S., in references
17 thereto; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsections (20) through (25) are added to
22 section 559.72, Florida Statutes, to read:
23 559.72 Prohibited practices generally.—In collecting
24 consumer debts, no person shall:
25 (20) Contact a debtor regarding a debt that arises from
26 documented domestic and economic abuse.
27 (a) For the purposes of this subsection, documented
28 domestic and economic abuse occurs when:
29 1. The debtor alleges in a police report that the debtor
30 has been the victim of domestic violence by a specified alleged
31 perpetrator who is:
32 a. A current or former spouse;
33 b. An individual with whom the debtor has a child in
34 common;
35 c. An individual with whom the debtor is or was in a dating
36 relationship; or
37 d. A current or former resident of the debtor’s household;
38 and
39 2. The debtor provides the person with a signed affidavit
40 attesting that all of the following is true:
41 a. The debtor was the victim of domestic violence by a
42 specified perpetrator and such violence was alleged in a police
43 report pursuant to subparagraph 1.;
44 b. As a result of threats of domestic violence from the
45 perpetrator referenced in such police report, the debtor was
46 compelled to incur debt or was provided credit that the debtor
47 would not otherwise have incurred or applied for in the absence
48 of the threat of domestic violence; and
49 c. The debt that is the subject of the person’s contact
50 with the debtor is a debt incurred solely because of such threat
51 of domestic violence.
52 (b) The prohibition under this subsection applies for 2
53 years after the affidavit under subparagraph (a)2. is provided
54 to the person. However, if the perpetrator described in such
55 affidavit has been convicted of a crime relating to domestic
56 violence arising from conduct referenced in the police report,
57 the prohibition applies indefinitely.
58 (21) Contact a debtor regarding a debt that arises from
59 documented elder and economic abuse.
60 (a) For the purposes of this subsection, documented elder
61 and economic abuse occurs when:
62 1. The debtor, or someone with fiduciary responsibility
63 over the debtor, alleges in a police report that the debtor has
64 been the victim of elder abuse by a specified alleged
65 perpetrator; and
66 2. The debtor, or someone with fiduciary responsibility
67 over the debtor, provides the person with a signed affidavit
68 attesting that all of the following is true:
69 a. The debtor was the victim of elder abuse and the elder
70 abuse was alleged in a police report pursuant to subparagraph
71 1.;
72 b. As a result of such alleged elder abuse, the debtor was
73 compelled to incur debt or was provided credit that the debtor
74 would not otherwise have incurred or applied for in the absence
75 of such abuse, including, but not limited to, instances in which
76 the debtor’s identity was stolen; and
77 c. The debt that is the subject of the person’s contact
78 with the debtor is a debt incurred solely because of such elder
79 abuse.
80 (b) The prohibition under this subsection applies for 2
81 years after the affidavit under subparagraph (a)2. is provided
82 to the person. However, if the perpetrator described in such
83 affidavit has been convicted of a crime relating to elder abuse
84 arising from conduct referenced in the police report, the
85 prohibition applies indefinitely.
86 (22) Contact a debtor regarding a debt that arises from
87 documented human trafficking and economic abuse.
88 (a) For the purposes of this subsection, documented human
89 trafficking and economic abuse occurs when:
90 1. The debtor is identified as a victim of at least one
91 instance of human trafficking in a police report or the
92 Department of Legal Affairs makes a determination that the
93 debtor is eligible for relocation assistance under s. 960.196;
94 and
95 2. The debtor provides the person with a signed affidavit
96 attesting that all of the following is true:
97 a. The debtor was the victim of human trafficking as
98 documented in a police report pursuant to subparagraph 1. or the
99 Department of Legal Affairs has determined that the debtor is
100 eligible for relocation assistance under s. 960.196;
101 b. As a result of human trafficking, the debtor was
102 compelled to incur debt or was provided credit that the debtor
103 would not otherwise have incurred or applied for in the absence
104 of human trafficking, including, but not limited to, instances
105 in which the debtor’s identity was stolen; and
106 c. The debt that is the subject of the person’s contact
107 with the debtor is a debt incurred solely because of such human
108 trafficking.
109 (b) The prohibition under this subsection applies for 2
110 years after the affidavit under subparagraph (a)2. is provided
111 to the person. However, if a conviction is made relating to
112 human trafficking arising from conduct referenced in the police
113 report or the debtor has received relocation assistance pursuant
114 to s. 960.196, the prohibition applies indefinitely.
115 (23) Contact a debtor regarding a debt that arises from
116 documented identity theft. For the purposes of this subsection,
117 documented identity theft occurs when all of the following
118 apply:
119 (a) The debtor provides the person with a Federal Trade
120 Commission identity theft report indicating that the debtor was
121 the victim of identity theft.
122 (b) The debtor provides the person with a signed affidavit
123 attesting that all of the following is true:
124 1. The debtor was the victim of identity theft as
125 documented in the identity theft report under paragraph (a);
126 2. As a result of such identity theft, the debt that is the
127 subject of the person’s contact with the debtor was incurred in
128 the debtor’s name but the debtor did not receive any benefit
129 from the debt; and
130 3. The debt that is the subject of the person’s contact
131 with the debtor is a debt incurred solely because of identity
132 theft.
133 (24) Contact a debtor after receiving notice that the
134 debtor is protected by an injunction for protection against
135 exploitation of a vulnerable adult pursuant to s. 825.1035.
136 (25) Contact a debtor who has received relocation
137 assistance pursuant to s. 960.199 if the debtor provides the
138 person with a signed affidavit attesting that all of the
139 following is true:
140 (a) The debtor received relocation assistance pursuant to
141 s. 960.199.
142 (b) As a result of the threat of sexual abuse that was a
143 contributing factor to receiving such assistance, the debtor was
144 compelled to incur debt or was provided credit the debtor would
145 not otherwise have incurred or applied for in the absence of
146 such abuse, including, but not limited to, instances in which
147 the debtor’s identity was stolen.
148 (c) The debt that is the subject of the person’s contact
149 with the debtor is a debt incurred solely because of the threat
150 of sexual abuse.
151 Section 2. For the purpose of incorporating the amendments
152 made by this act to section 559.72, Florida Statutes, in a
153 reference thereto, subsection (2) of section 559.565, Florida
154 Statutes, is reenacted to read:
155 559.565 Enforcement action against out-of-state consumer
156 debt collector.—The remedies of this section are cumulative to
157 other sanctions and enforcement provisions of this part for any
158 violation by an out-of-state consumer debt collector, as defined
159 in s. 559.55(11).
160 (2) A person, whether or not exempt from registration under
161 this part, who violates s. 559.72 is subject to sanctions the
162 same as any other consumer debt collector, including imposition
163 of an administrative fine. The registration of a duly registered
164 out-of-state consumer debt collector is subject to revocation or
165 suspension in the same manner as the registration of any other
166 registrant under this part.
167 Section 3. For the purpose of incorporating the amendments
168 made by this act to section 559.72, Florida Statutes, in a
169 reference thereto, subsection (2) of section 559.725, Florida
170 Statutes, is reenacted to read:
171 559.725 Consumer complaints; administrative duties.—
172 (2) The office shall inform and furnish relevant
173 information to the appropriate regulatory body of the state or
174 the Federal Government, or The Florida Bar in the case of
175 attorneys, if a person has been named in a consumer complaint
176 pursuant to subsection (3) alleging violations of s. 559.72. The
177 Attorney General may take action against any person in violation
178 of this part.
179 Section 4. For the purpose of incorporating the amendments
180 made by this act to section 559.72, Florida Statutes, in
181 references thereto, subsections (1) and (2) of section 559.77,
182 Florida Statutes, are reenacted to read:
183 559.77 Civil remedies.—
184 (1) A debtor may bring a civil action against a person
185 violating the provisions of s. 559.72 in the county in which the
186 alleged violator resides or has his or her principal place of
187 business or in the county where the alleged violation occurred.
188 (2) Any person who fails to comply with any provision of s.
189 559.72 is liable for actual damages and for additional statutory
190 damages as the court may allow, but not exceeding $1,000,
191 together with court costs and reasonable attorney’s fees
192 incurred by the plaintiff. In determining the defendant’s
193 liability for any additional statutory damages, the court shall
194 consider the nature of the defendant’s noncompliance with s.
195 559.72, the frequency and persistence of the noncompliance, and
196 the extent to which the noncompliance was intentional. In a
197 class action lawsuit brought under this section, the court may
198 award additional statutory damages of up to $1,000 for each
199 named plaintiff and an aggregate award of additional statutory
200 damages up to the lesser of $500,000 or 1 percent of the
201 defendant’s net worth for all remaining class members; however,
202 the aggregate award may not provide an individual class member
203 with additional statutory damages in excess of $1,000. The court
204 may award punitive damages and may provide such equitable relief
205 as it deems necessary or proper, including enjoining the
206 defendant from further violations of this part. If the court
207 finds that the suit fails to raise a justiciable issue of law or
208 fact, the plaintiff is liable for court costs and reasonable
209 attorney’s fees incurred by the defendant.
210 Section 5. For the purpose of incorporating the amendments
211 made by this act to section 559.72, Florida Statutes, in a
212 reference thereto, paragraph (o) of subsection (1) of section
213 648.44, Florida Statutes, is reenacted to read:
214 648.44 Prohibitions; penalty.—
215 (1) A bail bond agent or temporary bail bond agent may not:
216 (o) Attempt to collect, through threat or coercion, amounts
217 due for the payment of any indebtedness related to the issuance
218 of a bail bond in violation of s. 559.72.
219 Section 6. This act shall take effect July 1, 2022.