Florida Senate - 2023 CS for SB 128 By the Committee on Banking and Insurance; and Senator Rodriguez 597-03288-23 2023128c1 1 A bill to be entitled 2 An act relating to contacting consumer debtors; 3 creating s. 559.721, F.S.; prohibiting creditors from 4 contacting debtors regarding specified types of debt 5 under certain circumstances, to conform to federal 6 regulations; amending s. 559.725, F.S.; requiring the 7 Office of Financial Regulation of the Financial 8 Services Commission to inform and furnish relevant 9 information to the appropriate regulatory body of the 10 state, the Federal Government, or The Florida Bar if a 11 person has been named in a certain consumer complaint 12 alleging specified violations of law; providing an 13 effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 559.721, Florida Statutes, is created to 18 read: 19 559.721 Prohibitions on contacting debtors who are victims 20 of certain crimes.—In collecting consumer debts, a consumer 21 collection agency may not: 22 (1) Contact a debtor regarding a debt that arises from 23 documented human trafficking and economic abuse. 24 (a) Documented human trafficking and economic abuse occur 25 when: 26 1. Official documentation as defined in s. 943.0583 shows 27 at least one incident of human trafficking has occurred in which 28 the debtor is listed as a victim or in which the debtor received 29 relocation assistance under s. 960.196; and 30 2. The debtor provides the consumer collection agency with 31 a signed affidavit, swearing under penalty of perjury that the 32 following are true: 33 a. The debtor was the victim of human trafficking as 34 documented in a police report, or there has been a determination 35 that the debtor should receive relocation assistance under s. 36 960.196; 37 b. As a result of human trafficking, the debtor was 38 compelled to incur debt or was provided credit that the debtor 39 would not otherwise have incurred in the absence of the abuse, 40 including instances in which the debtor’s identity has been 41 stolen; and 42 c. The debt that is the subject of the consumer collection 43 agency contact with the debtor was incurred solely because of 44 and during the period of human trafficking. 45 (b) The prohibition in this subsection applies: 46 1. For 1 year after the affidavit under subparagraph (a)2. 47 is provided to the consumer collection agency; or 48 2. Indefinitely, if the perpetrator has been convicted of a 49 crime relating to human trafficking as alleged in the police 50 report. 51 (2) Contact a debtor regarding debts that arose when the 52 debtor was in foster care. This prohibition applies after the 53 debtor provides the consumer collection agency with a signed 54 affidavit, swearing under penalty of perjury that the following 55 are true: 56 (a) The debtor was in foster care as defined in s. 39.01; 57 and 58 (b) The debt that is the subject of the consumer collection 59 agency contact with the debtor was incurred during the time when 60 the debtor was in foster care. 61 Section 2. Subsection (2) of section 559.725, Florida 62 Statutes, is amended to read: 63 559.725 Consumer complaints; administrative duties.— 64 (2) The office shall inform and furnish relevant 65 information to the appropriate regulatory body of the state or 66 the Federal Government, or The Florida Bar in the case of 67 attorneys, if a person has been named in a consumer complaint 68 pursuant to subsection (3) alleging violations of s. 559.72 or 69 s. 559.721. The Attorney General may take action against any 70 person in violation of this part. 71 Section 3. This act shall take effect July 1, 2023.