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.