Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 232
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LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/01/2025 .
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The Committee on Banking and Insurance (Rodriguez) recommended
the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 559.72, Florida Statutes, is amended to
6 read:
7 559.72 Prohibited practices generally.—In collecting
8 consumer debts, a no person may not shall:
9 (1) Simulate in any manner a law enforcement officer or a
10 representative of any governmental agency.
11 (2) Use or threaten force or violence.
12 (3) Tell a debtor who disputes a consumer debt that she or
13 he or any person employing her or him will disclose to another,
14 orally or in writing, directly or indirectly, information
15 affecting the debtor’s reputation for credit worthiness without
16 also informing the debtor that the existence of the dispute will
17 also be disclosed as required by subsection (6).
18 (4) Communicate or threaten to communicate with a debtor’s
19 employer before obtaining final judgment against the debtor,
20 unless the debtor gives her or his permission in writing to
21 contact her or his employer or acknowledges in writing the
22 existence of the debt after the debt has been placed for
23 collection. However, this does not prohibit a person from
24 telling the debtor that her or his employer will be contacted if
25 a final judgment is obtained.
26 (5) Disclose to a person other than the debtor or her or
27 his family information affecting the debtor’s reputation,
28 whether or not for credit worthiness, with knowledge or reason
29 to know that the other person does not have a legitimate
30 business need for the information or that the information is
31 false.
32 (6) Disclose information concerning the existence of a debt
33 known to be reasonably disputed by the debtor without disclosing
34 that fact. If a disclosure is made before such dispute has been
35 asserted and written notice is received from the debtor that any
36 part of the debt is disputed, and if such dispute is reasonable,
37 the person who made the original disclosure must reveal upon the
38 request of the debtor within 30 days the details of the dispute
39 to each person to whom disclosure of the debt without notice of
40 the dispute was made within the preceding 90 days.
41 (7) Willfully communicate with the debtor or any member of
42 her or his family with such frequency as can reasonably be
43 expected to harass the debtor or her or his family, or willfully
44 engage in other conduct which can reasonably be expected to
45 abuse or harass the debtor or any member of her or his family.
46 (8) Use profane, obscene, vulgar, or willfully abusive
47 language in communicating with the debtor or any member of her
48 or his family.
49 (9) Claim, attempt, or threaten to enforce a debt when such
50 person knows that the debt is not legitimate, or assert the
51 existence of some other legal right when such person knows that
52 the right does not exist.
53 (10) Use a communication that simulates in any manner legal
54 or judicial process or that gives the appearance of being
55 authorized, issued, or approved by a government, governmental
56 agency, or attorney at law, when it is not.
57 (11) Communicate with a debtor under the guise of an
58 attorney by using the stationery of an attorney or forms or
59 instruments that only attorneys are authorized to prepare.
60 (12) Orally communicate with a debtor in a manner that
61 gives the false impression or appearance that such person is or
62 is associated with an attorney.
63 (13) Advertise or threaten to advertise for sale any debt
64 as a means to enforce payment except under court order or when
65 acting as an assignee for the benefit of a creditor.
66 (14) Publish or post, threaten to publish or post, or cause
67 to be published or posted before the general public individual
68 names or any list of names of debtors, commonly known as a
69 deadbeat list, for the purpose of enforcing or attempting to
70 enforce collection of consumer debts.
71 (15) Refuse to provide adequate identification of herself
72 or himself or her or his employer or other entity whom she or he
73 represents if requested to do so by a debtor from whom she or he
74 is collecting or attempting to collect a consumer debt.
75 (16) Mail any communication to a debtor in an envelope or
76 postcard with words typed, written, or printed on the outside of
77 the envelope or postcard calculated to embarrass the debtor. An
78 example of this would be an envelope addressed to “Deadbeat,
79 Jane Doe” or “Deadbeat, John Doe.”
80 (17) Communicate with the debtor between the hours of 9
81 p.m. and 8 a.m. in the debtor’s time zone without the prior
82 consent of the debtor. This subsection does not apply to an e
83 mail communication that is sent to an e-mail address and that
84 otherwise complies with this section.
85 (a) The person may presume that the time a telephone call
86 is received conforms to the local time zone assigned to the area
87 code of the number called, unless the person reasonably believes
88 that the debtor’s telephone is located in a different time zone.
89 (b) If, such as with toll-free numbers, an area code is not
90 assigned to a specific geographic area, the person may presume
91 that the time a telephone call is received conforms to the local
92 time zone of the debtor’s last known place of residence, unless
93 the person reasonably believes that the debtor’s telephone is
94 located in a different time zone.
95 (18) Communicate with a debtor if the person knows that the
96 debtor is represented by an attorney with respect to such debt
97 and has knowledge of, or can readily ascertain, such attorney’s
98 name and address, unless the debtor’s attorney fails to respond
99 within 30 days to a communication from the person, unless the
100 debtor’s attorney consents to a direct communication with the
101 debtor, or unless the debtor initiates the communication. This
102 subsection does not apply if a debtor does not owe a creditor
103 any debt that is 90 days or more past due. Such creditor may not
104 communicate with a debtor more than once within a 30-day period.
105 Such communication is limited to sending the debtor a monthly
106 account statement made and sent in the ordinary course of
107 business to the debtor’s last known mailing address, or last
108 known e-mail address if the debtor has elected to receive
109 paperless statements. Any such communication may contain only
110 the usual information contained in a monthly account statement
111 and must comply with the other requirements in this section.
112 (19) Cause a debtor to be charged for communications by
113 concealing the true purpose of the communication, including
114 collect telephone calls and telegram fees.
115 Section 2. For the purpose of incorporating the amendment
116 made by this act to section 559.72, Florida Statutes, in a
117 reference thereto, subsection (2) of section 559.565, Florida
118 Statutes, is reenacted to read:
119 559.565 Enforcement action against out-of-state consumer
120 debt collector.—The remedies of this section are cumulative to
121 other sanctions and enforcement provisions of this part for any
122 violation by an out-of-state consumer debt collector, as defined
123 in s. 559.55(11).
124 (2) A person, whether or not exempt from registration under
125 this part, who violates s. 559.72 is subject to sanctions the
126 same as any other consumer debt collector, including imposition
127 of an administrative fine. The registration of a duly registered
128 out-of-state consumer debt collector is subject to revocation or
129 suspension in the same manner as the registration of any other
130 registrant under this part.
131 Section 3. For the purpose of incorporating the amendment
132 made by this act to section 559.72, Florida Statutes, in a
133 reference thereto, subsection (2) of section 559.725, Florida
134 Statutes, is reenacted to read:
135 559.725 Consumer complaints; administrative duties.—
136 (2) The office shall inform and furnish relevant
137 information to the appropriate regulatory body of the state or
138 the Federal Government, or The Florida Bar in the case of
139 attorneys, if a person has been named in a consumer complaint
140 pursuant to subsection (3) alleging violations of s. 559.72. The
141 Attorney General may take action against any person in violation
142 of this part.
143 Section 4. For the purpose of incorporating the amendment
144 made by this act to section 559.72, Florida Statutes, in
145 references thereto, subsections (1) and (2) of section 559.77,
146 Florida Statutes, are reenacted to read:
147 559.77 Civil remedies.—
148 (1) A debtor may bring a civil action against a person
149 violating the provisions of s. 559.72 in the county in which the
150 alleged violator resides or has his or her principal place of
151 business or in the county where the alleged violation occurred.
152 (2) Any person who fails to comply with any provision of s.
153 559.72 is liable for actual damages and for additional statutory
154 damages as the court may allow, but not exceeding $1,000,
155 together with court costs and reasonable attorney’s fees
156 incurred by the plaintiff. In determining the defendant’s
157 liability for any additional statutory damages, the court shall
158 consider the nature of the defendant’s noncompliance with s.
159 559.72, the frequency and persistence of the noncompliance, and
160 the extent to which the noncompliance was intentional. In a
161 class action lawsuit brought under this section, the court may
162 award additional statutory damages of up to $1,000 for each
163 named plaintiff and an aggregate award of additional statutory
164 damages up to the lesser of $500,000 or 1 percent of the
165 defendant’s net worth for all remaining class members; however,
166 the aggregate award may not provide an individual class member
167 with additional statutory damages in excess of $1,000. The court
168 may award punitive damages and may provide such equitable relief
169 as it deems necessary or proper, including enjoining the
170 defendant from further violations of this part. If the court
171 finds that the suit fails to raise a justiciable issue of law or
172 fact, the plaintiff is liable for court costs and reasonable
173 attorney’s fees incurred by the defendant.
174 Section 5. For the purpose of incorporating the amendment
175 made by this act to section 559.72, Florida Statutes, in a
176 reference thereto, paragraph (o) of subsection (1) of section
177 648.44, Florida Statutes, is reenacted to read:
178 648.44 Prohibitions; penalty.—
179 (1) A bail bond agent or bail bond agency may not:
180 (o) Attempt to collect, through threat or coercion, amounts
181 due for the payment of any indebtedness related to the issuance
182 of a bail bond in violation of s. 559.72.
183 Section 6. For the purpose of incorporating the amendment
184 made by this act to section 559.72, Florida Statutes, in a
185 reference thereto, paragraph (b) of subsection (2) of section
186 817.7001, Florida Statutes, is reenacted to read:
187 817.7001 Definitions.—As used in this part:
188 (2)
189 (b) “Credit service organization” does not include:
190 1. Any person authorized to make loans or extensions of
191 credit under the laws of this state or the United States who is
192 subject to regulation and supervision by this state or the
193 United States or a lender approved by the United States
194 Secretary of Housing and Urban Development for participation in
195 any mortgage insurance program under the National Housing Act;
196 2. Any bank, savings bank, or savings and loan association
197 whose deposits or accounts are eligible for insurance by the
198 Federal Deposit Insurance Corporation or the Federal Savings and
199 Loan Insurance Corporation, or a subsidiary of such bank,
200 savings bank, or savings and loan association;
201 3. Any credit union, federal credit union, or out-of-state
202 credit union doing business in this state;
203 4. Any nonprofit organization exempt from taxation under s.
204 501(c)(3) of the Internal Revenue Code;
205 5. Any person licensed as a real estate broker by this
206 state if the person is acting within the course and scope of
207 that license;
208 6. Any person collecting consumer claims pursuant to s.
209 559.72;
210 7. Any person licensed to practice law in this state if the
211 person renders services within the course and scope of his or
212 her practice as an attorney and does not engage in the credit
213 service business on a regular and continuing basis;
214 8. Any broker-dealer registered with the Securities and
215 Exchange Commission or the Commodity Futures Trading Commission
216 if the broker-dealer is acting within the course and scope of
217 that regulation; or
218 9. Any consumer reporting agency as defined in the Federal
219 Fair Credit Reporting Act, 15 U.S.C. ss. 1681-1681t.
220 Section 7. This act shall take effect upon becoming a law.
221
222 ================= T I T L E A M E N D M E N T ================
223 And the title is amended as follows:
224 Delete everything before the enacting clause
225 and insert:
226 A bill to be entitled
227 An act relating to debt collection; amending s.
228 559.72, F.S.; revising prohibited practices for a
229 person attempting to collect consumer debt; providing
230 applicability; authorizing certain creditors to
231 communicate with a debtor a specified number of times
232 within a specified timeframe; requiring that such
233 communications be sent in a specified manner;
234 requiring that such communications contain specific
235 information; making a technical change; reenacting ss.
236 559.565(2), 559.725(2), 559.77(1) and (2),
237 648.44(1)(o), and 817.7001(2)(b), F.S., relating to
238 enforcement action against an out-of-state consumer
239 debt collector, consumer complaints and administrative
240 duties, civil remedies, prohibitions and penalties,
241 and definitions, respectively, to incorporate the
242 amendment made to s. 559.72, F.S., in references
243 thereto; providing an effective date.