Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1074
       
       
       
       
       
       
                                Ì524590+Î524590                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/23/2024           .                                
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       The Committee on Banking and Insurance (Calatayud) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 817.803, Florida Statutes, is amended to
    6  read:
    7         817.803 Exceptions.—Nothing in This part does not apply
    8  applies to:
    9         (1) Any debt management or credit counseling services
   10  provided in the practice of law in this state.;
   11         (2) Any person who engages in debt adjustment to adjust the
   12  indebtedness owed to such person.; or
   13         (3) Any of the following entities or their subsidiaries:
   14         (a) The Federal National Mortgage Association.;
   15         (b) The Federal Home Loan Mortgage Corporation.;
   16         (c) The Florida Housing Finance Corporation, a public
   17  corporation created in s. 420.504.;
   18         (d) A bank, bank holding company, trust company, savings
   19  and loan association, credit union, credit card bank, or savings
   20  bank that is regulated and supervised by the Office of the
   21  Comptroller of the Currency, the Office of Thrift Supervision,
   22  the Federal Reserve, the Federal Deposit Insurance Corporation,
   23  the National Credit Union Administration, the Office of
   24  Financial Regulation of the Department of Financial Services, or
   25  any state banking regulator.;
   26         (e) A consumer reporting agency as defined in the Federal
   27  Fair Credit Reporting Act, 15 U.S.C. ss. 1681-1681y, as it
   28  existed on April 5, 2004.; or
   29         (f) Any subsidiary or affiliate of a bank holding company,
   30  its employees and its exclusive agents acting under written
   31  agreement.
   32         (4)(a) Any telemarketer or seller who provides any debt
   33  relief service within the scope of the Telemarketing and
   34  Consumer Fraud and Abuse Prevention Act, 15 U.S.C. ss. 6101
   35  6108, and the Telemarketing Sales Rule, 16 C.F.R. part 310, and
   36  who therefore is required to comply with such federal
   37  regulation, if such telemarketer or seller does not receive from
   38  the debtor and disburse to a creditor any money or other thing
   39  of value, in accordance with the definition of debt management
   40  services under s. 817.801(4)(b).
   41         (b) As used in this subsection, the terms “telemarketer,”
   42  “seller,” and “debt relief service” have the same meaning as in
   43  16 C.F.R. s. 310.2.
   44         Section 2. This act shall take effect July 1, 2024.
   45  
   46  ================= T I T L E  A M E N D M E N T ================
   47  And the title is amended as follows:
   48         Delete everything before the enacting clause
   49  and insert:
   50                        A bill to be entitled                      
   51         An act relating to debt relief services; amending s.
   52         817.803, F.S.; providing an exception from specified
   53         provisions for telemarketers and sellers who provide
   54         debt relief services under certain circumstances;
   55         defining terms; providing an effective date.