Florida 2023 Regular Session

Florida House Bill H0113 Compare Versions

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

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3	3	HB 113 2023
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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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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 debtors; specifying the length 5
19	19	of time of each prohibition; amending s. 559.565, 6
20	20	F.S.; providing for enforcement actions against out -7
21	21	of-state consumer debt collectors; amending s. 8
22	22	559.725, F.S.; providing for administrative duties 9
23	23	concerning consumer complaints; amending s. 559.77, 10
24	24	F.S.; providing civil remedies for violations; 11
25	25	providing an effective date. 12
26	26	13
27	27	Be It Enacted by the Legislature of the State of Florida: 14
28	28	15
29	29	Section 1. Section 559.721, Florida Statutes, is created 16
30	30	to read: 17
31	31	559.721 Prohibitions on contacting debtors. —In collecting 18
32	32	consumer debts, no person registered under s. 559.553 shall: 19
33	33	(1) Contact a debtor regarding a debt that arises from 20
34	34	documented elder and economic abuse. 21
35	35	(a) Documented elder and economic abuse occurs when both 22
36	36	of the following apply: 23
37	37	1. The debtor, or a person with fiduciary responsibility 24
38	38	over the debtor, has alleged in a police report that the debtor 25
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40	40	HB 113 2023
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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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51	51	has been the victim of elder abuse by a specified alleged 26
52	52	perpetrator. 27
53	53	2. The debtor, or a person with fiduciary responsibility 28
54	54	over the debtor, provides the person with a signed affidavit, 29
55	55	under penalty of perjury, swearing that the following are true: 30
56	56	a. The debtor was the victim of elder abuse as documented 31
57	57	in a police report. 32
58	58	b. As a result of alleged elder abuse, the debtor was 33
59	59	compelled to incur debt or was provided credit that the debtor 34
60	60	would not otherwise have incurred in the absence of the abuse or 35
61	61	exploitation, including, but not limited to, the debtor's 36
62	62	identity being stole n. 37
63	63	c. The debt that is the subject of the person's contact 38
64	64	with the debtor is a debt incurred solely because of elder 39
65	65	abuse. 40
66	66	(b) The prohibition in this subsection applies: 41
67	67	1. For 2 years after the affidavit under subparagraph 42
68	68	(a)2. is provided to th e person; or 43
69	69	2. Indefinitely if the perpetrator has been convicted of a 44
70	70	crime relating to elder abuse arising from the conduct 45
71	71	referenced in the police report. 46
72	72	(2) Contact a debtor regarding a debt that arises from 47
73	73	documented human trafficking and econ omic abuse. 48
74	74	(a) Documented human trafficking and economic abuse occurs 49
75	75	when the following apply: 50
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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
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88	88	1. Official documentation, as defined in s. 943.0583(1), 51
89	89	shows at least one incident of human trafficking has occurred in 52
90	90	which the debtor is listed as a victim or the debtor received 53
91	91	relocation assistance under s. 960.199. 54
92	92	2. The debtor provides the person with a signed affidavit, 55
93	93	under penalty of perjury, swearing that the following are true: 56
94	94	a. The debtor was the victi m of human trafficking as shown 57
95	95	in official documentation or there has been a determination that 58
96	96	the debtor should receive relocation assistance under s. 59
97	97	960.199. 60
98	98	b. As a result of human trafficking, the debtor was 61
99	99	compelled to incur debt or was provided credit that the debtor 62
100	100	would not otherwise have incurred in the absence of the abuse or 63
101	101	exploitation, including instances in which the debtor's identity 64
102	102	has been stolen. 65
103	103	c. The debt that is the subject of the person's contact 66
104	104	with the debtor is debt inc urred solely because of and during 67
105	105	the period of human trafficking. 68
106	106	(b) The prohibition in this subsection shall apply: 69
107	107	1. For 2 years after the affidavit under subparagraph 70
108	108	(a)2. is provided to the person; or 71
109	109	2. Indefinitely if the perpetrator has been convicted of a 72
110	110	crime relating to human trafficking as alleged in the official 73
111	111	documentation. 74
112	112	(3) Contact a debtor regarding debts that arise from 75
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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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125	125	documented identity theft. 76
126	126	(a) Documented identity theft occurs when the following 77
127	127	apply: 78
128	128	1. The debtor provides a Federal Trade Commission identity 79
129	129	theft report stating that the debtor is the victim of identity 80
130	130	theft. 81
131	131	2. The debtor provides the person with a signed affidavit, 82
132	132	under penalty of perjury, swearing that the following are true: 83
133	133	a. The debtor was the victim of identity theft as 84
134	134	documented in the Federal Trade Commission identity theft 85
135	135	report. 86
136	136	b. As a result of identity theft, the debt was incurred in 87
137	137	the debtor's name but in no way benefited the debtor. 88
138	138	c. The debt that is the subject of the person's contact 89
139	139	with the debtor is debt incurred solely because of identity 90
140	140	theft. 91
141	141	(b) The prohibition in this subsection applies 92
142	142	indefinitely. 93
143	143	(4)(a) Contact a debtor upon receiving notice that the 94
144	144	debtor is protected by an injunction for pr otection against 95
145	145	exploitation of a vulnerable adult under s. 825.1035. 96
146	146	(b) The prohibition in this subsection applies 97
147	147	indefinitely. 98
148	148	(5)(a) Contact a debtor regarding debts that arise when 99
149	149	the debtor was in foster care. 100
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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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162	162	(b) This prohibition applies af ter the debtor provides the 101
163	163	person with a signed affidavit, under penalty of perjury, 102
164	164	swearing that the following are true: 103
165	165	1. The debtor was in foster care, as defined in s. 39.01. 104
166	166	2. The debt that is the subject of the person's contact 105
167	167	with the debtor was incurred during the time when the debtor was 106
168	168	in foster care. 107
169	169	(6) Nothing in this section relieves a debtor from a debt 108
170	170	he or she has incurred as a result of a crime. 109
171	171	Section 2. Subsection (2) of section 559.565, Florida 110
172	172	Statutes, is amended to read: 111
173	173	559.565 Enforcement action against out -of-state consumer 112
174	174	debt collector.—The remedies of this section are cumulative to 113
175	175	other sanctions and enforcement provisions of this part for any 114
176	176	violation by an out-of-state consumer debt collector, as defined 115
177	177	in s. 559.55(11). 116
178	178	(2) A person, whether or not exempt from registration 117
179	179	under this part, who violates s. 559.72 or s. 559.721 is subject 118
180	180	to sanctions the same as any other consumer debt collector, 119
181	181	including imposition of an administrative fine. The regi stration 120
182	182	of a duly registered out -of-state consumer debt collector is 121
183	183	subject to revocation or suspension in the same manner as the 122
184	184	registration of any other registrant under this part. 123
185	185	Section 3. Subsection (2) of section 559.725, Florida 124
186	186	Statutes, is amended to read: 125
187	187
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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	559.725 Consumer complaints; administrative duties. — 126
200	200	(2) The office shall inform and furnish relevant 127
201	201	information to the appropriate regulatory body of the state or 128
202	202	the Federal Government, or The Florida Bar in the case of 129
203	203	attorneys, if a person has been named in a consumer complaint 130
204	204	pursuant to subsection (3) alleging violations of s. 559.72 or 131
205	205	s. 559.721. The Attorney General may take action against any 132
206	206	person in violation of this part. 133
207	207	Section 4. Subsections (1) and ( 2) of section 559.77, 134
208	208	Florida Statutes, are amended to read: 135
209	209	559.77 Civil remedies. — 136
210	210	(1) A debtor may bring a civil action against a person 137
211	211	violating the provisions of s. 559.72 or s. 559.721 in the 138
212	212	county in which the alleged violator resides or has his or her 139
213	213	principal place of business or in the county where the alleged 140
214	214	violation occurred. 141
215	215	(2) Any person who fails to comply with any provision of 142
216	216	s. 559.72 or s. 559.721 is liable for actual damage s and for 143
217	217	additional statutory damages as the court may allow, but not 144
218	218	exceeding $1,000, together with court costs and reasonable 145
219	219	attorney attorney's fees incurred by the plaintiff. In 146
220	220	determining the defendant's liability for any additional 147
221	221	statutory damages, the court shall consider the nature of the 148
222	222	defendant's noncompliance with s. 559.72 or s. 559.721, the 149
223	223	frequency and persistence of the noncompliance, and the extent 150
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232	232	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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236	236	to which the noncompliance was intentional. In a class action 151
237	237	lawsuit brought under t his section, the court may award 152
238	238	additional statutory damages of up to $1,000 for each named 153
239	239	plaintiff and an aggregate award of additional statutory damages 154
240	240	up to the lesser of $500,000 or 1 percent of the defendant's net 155
241	241	worth for all remaining class mem bers; however, the aggregate 156
242	242	award may not provide an individual class member with additional 157
243	243	statutory damages in excess of $1,000. The court may award 158
244	244	punitive damages and may provide such equitable relief as it 159
245	245	deems necessary or proper, including enjoi ning the defendant 160
246	246	from further violations of this part. If the court finds that 161
247	247	the suit fails to raise a justiciable issue of law or fact, the 162
248	248	plaintiff is liable for court costs and reasonable attorney 163
249	249	attorney's fees incurred by the defendant. 164
250	250	Section 5. This act shall take effect July 1, 2023. 165