Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 562
       
       
       
       
       
       
                                Ì216992HÎ216992                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/24/2016           .                                
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       The Committee on Fiscal Policy (Stargel) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5  	Section 1. Subsection (18) of section 559.72, Florida
    6  Statutes, is amended to read:
    7  	559.72 Prohibited practices generally.—In collecting
    8  consumer debts, no person shall:
    9  	(18) Communicate with a debtor if the person knows that the
   10  debtor is represented by an attorney with respect to such debt
   11  and has knowledge of, or can readily ascertain, such attorney's
   12  name and address.
   13  	(a) This subsection does not apply if:, unless
   14  	1. The debtor's attorney fails to respond within 30 days to
   15  a communication from the person;, unless
   16  	2. The debtor's attorney consents to a direct communication
   17  with the debtor;, or
   18  	3.unless The debtor initiates the communication.
   19  	(b) A creditor has knowledge that a debtor is represented
   20  by an attorney if the debtor, individually, has provided notice
   21  of representation by any reasonable means, including oral notice
   22  to a creditor if such oral notice is provided in response to a
   23  communication initiated by the creditor with respect to such
   24  debt.
   25  	(c) A creditor has knowledge that a debtor is represented
   26  by an attorney if the attorney representing the debtor has
   27  provided notice of such representation by:
   28  	1. Service of pleadings in a filed action with respect to
   29  such debt;
   30  	2.Providing written notice of representation to a location
   31  or person according to a prior agreement between the creditor
   32  and the debtor's attorney which states the debtor is represented
   33  by an attorney with respect to such debt and discloses the
   34  attorney's name and address;
   35  	3. Providing written notice of representation by certified
   36  mail to the registered agent of the creditor which states that
   37  the debtor is represented by an attorney with respect to such
   38  debt and discloses the attorney’s name and address; or
   39  	4. Providing written notice of representation by mail,
   40  facsimile, email, or other electronic format designated by the
   41  creditor on a billing statement or other written communication
   42  pertaining to the debt which states that the debtor is
   43  represented by an attorney with respect to such debt and
   44  discloses the attorney’s name and address.
   45  	(d) A creditor shall designate, on a billing statement or
   46  other written communication pertaining to the debt, at least one
   47  of the following communication methods for notice of
   48  representation:
   49  	1. A mailing address;
   50  	2. A facsimile;
   51  	3.An email address; or
   52  	4. Other electronic format.
   53  	(e) For the purposes of this subsection, a creditor must
   54  cease direct communication with the debtor subject to the
   55  limitations and exceptions of this subsection within 5 business
   56  days upon receiving notice of representation from the attorney
   57  representing the debtor.
   58         Section 2. This act shall take effect July 1, 2016.
   59  
   60  ================= T I T L E  A M E N D M E N T ================
   61  And the title is amended as follows:
   62         Delete everything before the enacting clause
   63  and insert:
   64                        A bill to be entitled                      
   65         An act relating to consumer debt collection; amending
   66         s. 559.72, F.S.; specifying methods by which a debtor,
   67         represented by an attorney, may notify a creditor of
   68         such representation; specifying methods by which an
   69         attorney representing a debtor may notify a creditor
   70         of such representation; requiring a creditor to
   71         identify the manner by which a debtor may communicate
   72         notice of representation; providing a creditor must
   73         cease direct communication with the debtor under
   74         certain circumstances; providing an effective date.