Florida Senate - 2024 SB 1074 By Senator Calatayud 38-01025-24 20241074__ 1 A bill to be entitled 2 An act relating to debt relief services; amending s. 3 817.801, F.S.; revising the definition of the term 4 debt management services; defining the term debt 5 relief service; amending s. 817.806, F.S.; specifying 6 that provisions for enforcement of violations 7 involving credit counseling services or debt 8 management services do not apply to debt relief 9 services; authorizing the Attorney General to bring 10 certain actions for violations of specified federal 11 regulations of debt relief services; providing an 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1.Present subsection (5) of section 817.801, 17 Florida Statutes, is redesignated as subsection (6), a new 18 subsection (5) is added to that section, and subsection (4) of 19 that section is amended, to read: 20 817.801Definitions.As used in this part: 21 (4)Debt management services means services provided to a 22 debtor by a credit counseling organization for a fee to: 23 (a)Effect the adjustment, compromise, or discharge of any 24 unsecured account, note, or other indebtedness of the debtor; 25 and or 26 (b)Receive from the debtor and disburse to a creditor any 27 money or other thing of value. 28 29 The term does not include debt relief services. 30 (5)Debt relief service has the same meaning as provided 31 in 16 C.F.R. s. 310.2. The term does not include a debt 32 management service in which any money or other thing of value is 33 received from a debtor and disbursed to a creditor. 34 Section 2.Section 817.806, Florida Statutes, is amended to 35 read: 36 817.806Violations. 37 (1)(a)Any person who violates any provision of this part 38 commits an unfair or deceptive trade practice as defined in part 39 II of chapter 501. Violators shall be subject to the penalties 40 and remedies provided therein. Further, any consumer injured by 41 a violation of this part may bring an action for recovery of 42 damages. Judgment shall be entered for actual damages, but in no 43 case less than the amount paid by the consumer to the credit 44 counseling agency, plus reasonable attorney attorneys fees and 45 costs. 46 (b)(2)Any person who violates any provision of this part 47 commits a felony of the third degree, punishable as provided in 48 s. 775.082 or s. 775.083. 49 (c)This subsection does not apply to debt relief services. 50 (2)As authorized in 16 C.F.R. s. 310.7, the Attorney 51 General may bring an action under the federal Telemarketing and 52 Consumer Fraud and Abuse Prevention Act, 15 U.S.C. ss. 6101 53 6108, against a debt relief services provider for violations of 54 debt relief services regulations in 16 C.F.R. part 310. 55 Section 3.This act shall take effect July 1, 2024.