HB 1153 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1153-00
Page 1 of 6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to contacting consumer debtors; 2
creating s. 559.721, F.S.; prohibiting contacting 3
debtors in certain situations; providing requirements 4
for different types of debtor; specifying the length 5
of each prohibition; providing an effective date. 6
7
Be It Enacted by the Legislature of the State of Florida: 8
9
Section 1. Section 559.721, Florida Statutes, is created 10
to read: 11
559.721 Prohibitions on contacting debtors. —In collecting 12
consumer debts, no person shall: 13
(1) Contact a debtor regarding a debt that arises from 14
documented domestic and economic abuse. 15
(a) Documented domestic and economic abuse occurs when 16
both of the following apply : 17
1. The debtor has alleged in a police report that the 18
debtor has been the victim of domestic violence by a specific 19
perpetrator who is one of the following: 20
a. A current or former spouse; 21
b. A person with whom the debtor has a child in common; 22
c. A person with whom the debtor is or was in a dating 23
relationship; or 24
d. A current or former resident of the debtor's household; 25
HB 1153 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1153-00
Page 2 of 6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and 26
2. The debtor provides the person with a signed affidavit, 27
swearing that the following are true: 28
a. The debtor was th e victim of domestic violence by a 29
specified perpetrator as documented in a police report. 30
b. As a result of threats of domestic violence from the 31
perpetrator, the debtor was compelled to incur debt or was 32
provided credit that the debtor would not otherw ise have 33
incurred in the absence of the threat of violence. 34
c. The debt that is the subject of the person's contact 35
with the debtor is a debt incurred solely because of the threat 36
of domestic violence. 37
(b) The prohibition in this subsection applies: 38
1. For 2 years after the affidavit in subparagraph (a)2. 39
is provided to the person; or 40
2. Indefinitely if the perpetrator has been convicted of a 41
crime relating to domestic violence arising from the conduct 42
referenced in the police report. 43
(2) Contact a debtor regarding a debt that arises from 44
documented elder and economic abuse. 45
(a) Documented elder and economic abuse occurs when both 46
of the following apply: 47
1. The debtor, or a person with fiduciary responsibility 48
over the debtor, has alleged in a police report that the debtor 49
has been the victim of elder abuse by a specified alleged 50
HB 1153 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1153-00
Page 3 of 6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
perpetrator; and 51
2. The debtor, or a person with fiduciary responsibility 52
over the debtor, provides the person with a signed affidavit, 53
swearing that the following are true: 54
a. The debtor was the victim of elder abuse as documented 55
in a police report. 56
b. As a result of alleged elder abuse, the debtor was 57
compelled to incur debt or was provided credit that the debtor 58
would not otherwise have incurred in the absenc e of the abuse or 59
exploitation, including, but not limited to, the debtor's 60
identity being stolen. 61
c. The debt that is the subject of the person's contact 62
with the debtor is a debt incurred solely because of elder 63
abuse. 64
(b) The prohibition in this sub section applies: 65
1. For 2 years after the affidavit under subparagraph 66
(a)2. is provided to the person; or 67
2. Indefinitely if the perpetrator has been convicted of a 68
crime relating to elder abuse arising from the conduct 69
referenced in the police report . 70
(3) Contact a debtor regarding a debt that arises from 71
documented human trafficking and economic abuse. 72
(a) Documented human trafficking and economic abuse occurs 73
when the following apply: 74
1. It is alleged in a police report that at least one 75
HB 1153 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1153-00
Page 4 of 6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
incident of human trafficking has occurred in which the debtor 76
is listed as a victim or the debtor received relocation 77
assistance under s. 960.199; and 78
2. The debtor provides the person with a signed affidavit, 79
swearing that the following are true: 80
a. The debtor was the victim of human trafficking as 81
documented in a police report or there has been a determination 82
that the debtor should receive relocation assistance under s. 83
960.199. 84
b. As a result of human trafficking, the debtor was 85
compelled to incur de bt or was provided credit that the debtor 86
would not otherwise have incurred in the absence of the abuse or 87
exploitation, including instances in which the debtor's identity 88
has been stolen. 89
c. The debt that is the subject of the person's contact 90
with the debtor is debt incurred solely because of human 91
trafficking. 92
(b) The prohibition in this subsection shall apply: 93
1. For 2 years after the affidavit under subparagraph 94
(a)2. is provided to the person; or 95
2. Indefinitely if the perpetrator has been co nvicted of a 96
crime relating to human trafficking as alleged in the police 97
report or if the debtor has received relocation assistance under 98
s. 960.196. 99
(4) Contact a debtor regarding debts that arise from 100
HB 1153 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1153-00
Page 5 of 6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
documented identity theft. 101
(a) Documented identi ty theft occurs when the following 102
apply: 103
1. The debtor produces a Federal Trade Commission identity 104
theft report indicating that the debtor is the victim of 105
identity theft; and 106
2. The debtor provides the person with a signed affidavit, 107
swearing that the following are true: 108
a. The debtor was the victim of identity theft as 109
documented in the Federal Trade Commission identity theft 110
report. 111
b. As a result of identity theft, the debt was incurred in 112
the debtor's name but in no way benefited the debtor. 113
c. The debt that is the subject of the person's contact 114
with the debtor is debt incurred solely because of identity 115
theft. 116
(b) The prohibition in this subsection applies 117
indefinitely. 118
(5)(a) Contact a debtor upon receiving notice that the 119
debtor is protected by an injunction for protection against 120
exploitation of a vulnerable adult, under s. 825.1035. 121
(b) The prohibition in this subsection applies 122
indefinitely. 123
(6) Contact a debtor who has been the recipient of 124
relocation assistance under s. 960 .196 if the debtor provides 125
HB 1153 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1153-00
Page 6 of 6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the person with a signed affidavit under paragraph (a). 126
(a) The affidavit must swear that the following are true: 127
1. The debtor was the recipient of relocation assistance 128
under s. 960.196. 129
2. As a result of the threat of s exual abuse that was a 130
contributing factor to the awarding of relocation assistance 131
under s. 960.196, the debtor was compelled to incur debt or was 132
provided credit that the debtor would not otherwise have 133
incurred in the absence of the abuse or exploitatio n, including 134
instances in which the debtor's identity has been stolen. 135
3. The debt that is the subject of the person's contact 136
with the debtor is debt incurred solely because of the threat of 137
sexual abuse. 138
(b) The prohibition in this subsection applie s 139
indefinitely. 140
Section 2. This act shall take effect July 1, 2022. 141