Florida 2022 Regular Session

Florida House Bill H1153 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 1153 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1153-00
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10	10	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
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13	13
14	14	A bill to be entitled 1
15	15	An act relating to contacting consumer debtors; 2
16	16	creating s. 559.721, F.S.; prohibiting contacting 3
17	17	debtors in certain situations; providing requirements 4
18	18	for different types of debtor; specifying the length 5
19	19	of each prohibition; providing an effective date. 6
20	20	7
21	21	Be It Enacted by the Legislature of the State of Florida: 8
22	22	9
23	23	Section 1. Section 559.721, Florida Statutes, is created 10
24	24	to read: 11
25	25	559.721 Prohibitions on contacting debtors. —In collecting 12
26	26	consumer debts, no person shall: 13
27	27	(1) Contact a debtor regarding a debt that arises from 14
28	28	documented domestic and economic abuse. 15
29	29	(a) Documented domestic and economic abuse occurs when 16
30	30	both of the following apply : 17
31	31	1. The debtor has alleged in a police report that the 18
32	32	debtor has been the victim of domestic violence by a specific 19
33	33	perpetrator who is one of the following: 20
34	34	a. A current or former spouse; 21
35	35	b. A person with whom the debtor has a child in common; 22
36	36	c. A person with whom the debtor is or was in a dating 23
37	37	relationship; or 24
38	38	d. A current or former resident of the debtor's household; 25
39	39
40	40	HB 1153 2022
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42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1153-00
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47	47	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
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49	49
50	50
51	51	and 26
52	52	2. The debtor provides the person with a signed affidavit, 27
53	53	swearing that the following are true: 28
54	54	a. The debtor was th e victim of domestic violence by a 29
55	55	specified perpetrator as documented in a police report. 30
56	56	b. As a result of threats of domestic violence from the 31
57	57	perpetrator, the debtor was compelled to incur debt or was 32
58	58	provided credit that the debtor would not otherw ise have 33
59	59	incurred in the absence of the threat of violence. 34
60	60	c. The debt that is the subject of the person's contact 35
61	61	with the debtor is a debt incurred solely because of the threat 36
62	62	of domestic violence. 37
63	63	(b) The prohibition in this subsection applies: 38
64	64	1. For 2 years after the affidavit in subparagraph (a)2. 39
65	65	is provided to the person; or 40
66	66	2. Indefinitely if the perpetrator has been convicted of a 41
67	67	crime relating to domestic violence arising from the conduct 42
68	68	referenced in the police report. 43
69	69	(2) Contact a debtor regarding a debt that arises from 44
70	70	documented elder and economic abuse. 45
71	71	(a) Documented elder and economic abuse occurs when both 46
72	72	of the following apply: 47
73	73	1. The debtor, or a person with fiduciary responsibility 48
74	74	over the debtor, has alleged in a police report that the debtor 49
75	75	has been the victim of elder abuse by a specified alleged 50
76	76
77	77	HB 1153 2022
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80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1153-00
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84	84	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
85	85
86	86
87	87
88	88	perpetrator; and 51
89	89	2. The debtor, or a person with fiduciary responsibility 52
90	90	over the debtor, provides the person with a signed affidavit, 53
91	91	swearing that the following are true: 54
92	92	a. The debtor was the victim of elder abuse as documented 55
93	93	in a police report. 56
94	94	b. As a result of alleged elder abuse, the debtor was 57
95	95	compelled to incur debt or was provided credit that the debtor 58
96	96	would not otherwise have incurred in the absenc e of the abuse or 59
97	97	exploitation, including, but not limited to, the debtor's 60
98	98	identity being stolen. 61
99	99	c. The debt that is the subject of the person's contact 62
100	100	with the debtor is a debt incurred solely because of elder 63
101	101	abuse. 64
102	102	(b) The prohibition in this sub section applies: 65
103	103	1. For 2 years after the affidavit under subparagraph 66
104	104	(a)2. is provided to the person; or 67
105	105	2. Indefinitely if the perpetrator has been convicted of a 68
106	106	crime relating to elder abuse arising from the conduct 69
107	107	referenced in the police report . 70
108	108	(3) Contact a debtor regarding a debt that arises from 71
109	109	documented human trafficking and economic abuse. 72
110	110	(a) Documented human trafficking and economic abuse occurs 73
111	111	when the following apply: 74
112	112	1. It is alleged in a police report that at least one 75
113	113
114	114	HB 1153 2022
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117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	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
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123	123
124	124
125	125	incident of human trafficking has occurred in which the debtor 76
126	126	is listed as a victim or the debtor received relocation 77
127	127	assistance under s. 960.199; and 78
128	128	2. The debtor provides the person with a signed affidavit, 79
129	129	swearing that the following are true: 80
130	130	a. The debtor was the victim of human trafficking as 81
131	131	documented in a police report or there has been a determination 82
132	132	that the debtor should receive relocation assistance under s. 83
133	133	960.199. 84
134	134	b. As a result of human trafficking, the debtor was 85
135	135	compelled to incur de bt or was provided credit that the debtor 86
136	136	would not otherwise have incurred in the absence of the abuse or 87
137	137	exploitation, including instances in which the debtor's identity 88
138	138	has been stolen. 89
139	139	c. The debt that is the subject of the person's contact 90
140	140	with the debtor is debt incurred solely because of human 91
141	141	trafficking. 92
142	142	(b) The prohibition in this subsection shall apply: 93
143	143	1. For 2 years after the affidavit under subparagraph 94
144	144	(a)2. is provided to the person; or 95
145	145	2. Indefinitely if the perpetrator has been co nvicted of a 96
146	146	crime relating to human trafficking as alleged in the police 97
147	147	report or if the debtor has received relocation assistance under 98
148	148	s. 960.196. 99
149	149	(4) Contact a debtor regarding debts that arise from 100
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151	151	HB 1153 2022
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153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb1153-00
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158	158	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
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160	160
161	161
162	162	documented identity theft. 101
163	163	(a) Documented identi ty theft occurs when the following 102
164	164	apply: 103
165	165	1. The debtor produces a Federal Trade Commission identity 104
166	166	theft report indicating that the debtor is the victim of 105
167	167	identity theft; and 106
168	168	2. The debtor provides the person with a signed affidavit, 107
169	169	swearing that the following are true: 108
170	170	a. The debtor was the victim of identity theft as 109
171	171	documented in the Federal Trade Commission identity theft 110
172	172	report. 111
173	173	b. As a result of identity theft, the debt was incurred in 112
174	174	the debtor's name but in no way benefited the debtor. 113
175	175	c. The debt that is the subject of the person's contact 114
176	176	with the debtor is debt incurred solely because of identity 115
177	177	theft. 116
178	178	(b) The prohibition in this subsection applies 117
179	179	indefinitely. 118
180	180	(5)(a) Contact a debtor upon receiving notice that the 119
181	181	debtor is protected by an injunction for protection against 120
182	182	exploitation of a vulnerable adult, under s. 825.1035. 121
183	183	(b) The prohibition in this subsection applies 122
184	184	indefinitely. 123
185	185	(6) Contact a debtor who has been the recipient of 124
186	186	relocation assistance under s. 960 .196 if the debtor provides 125
187	187
188	188	HB 1153 2022
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190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb1153-00
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195	195	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
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199	199	the person with a signed affidavit under paragraph (a). 126
200	200	(a) The affidavit must swear that the following are true: 127
201	201	1. The debtor was the recipient of relocation assistance 128
202	202	under s. 960.196. 129
203	203	2. As a result of the threat of s exual abuse that was a 130
204	204	contributing factor to the awarding of relocation assistance 131
205	205	under s. 960.196, the debtor was compelled to incur debt or was 132
206	206	provided credit that the debtor would not otherwise have 133
207	207	incurred in the absence of the abuse or exploitatio n, including 134
208	208	instances in which the debtor's identity has been stolen. 135
209	209	3. The debt that is the subject of the person's contact 136
210	210	with the debtor is debt incurred solely because of the threat of 137
211	211	sexual abuse. 138
212	212	(b) The prohibition in this subsection applie s 139
213	213	indefinitely. 140
214	214	Section 2. This act shall take effect July 1, 2022. 141