CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 190, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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11  Senator McKay moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 4, line 13, through page 5, line 21, delete

15  those lines

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17  and insert:

18         Section 4.  Section 832.10, Florida Statutes, is

19  created to read:

20         832.10  Alternative to bad check diversion program;

21  fees for collection.--

22         (1)  Prior to presenting a complaint about a dishonored

23  check to a state attorney, a payee on such bad check may place

24  or assign the debt evidenced by the bad check for collection

25  pursuant to this section by a private debt collector

26  registered under part VI, chapter 559, Florida Statutes.

27         (2)  Upon such placement or assignment the payee shall

28  be entitled to add a collection fee to offset the cost of

29  collection. This collection fee is in addition to the bad

30  check service charges authorized by law. The collection fee

31  payable to the debt collector shall be a reasonable fee in

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    7:56 PM   04/28/98                              s0190c1c-26k7b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 190, 1st Eng.

    Amendment No.    





 1  accord with industry standards, based upon the total amount

 2  collected.

 3         (3)  Unless extended by the payee, the debt collector

 4  shall have 90 days from the date of placement or assignment of

 5  the debt for collection within which to collect the amount of

 6  the bad check, applicable bad debt charges, and the

 7  collector's collection fee. Upon the expiration of such 90 day

 8  period and any extensions thereof, the payee then may present

 9  a complaint to the appropriate state attorney. The debt

10  collector may continue to try to collect the debt, provided

11  such collection effort does not impede the prosecution or

12  other disposition of the case by the state attorney.

13         (4)  The debt collector may not compromise the amount

14  to be collected without the express consent of the payee of

15  the check. The debt collector shall remit to the payee the

16  amount collected less the collector's fee percentage on the

17  total amount collected.

18         (5)  The use of such debt collector shall not affect

19  the authority of the state attorney to prosecute any person

20  for any violation of s. 832.04, s. 832.041, s. 832.05, or s.

21  832.06. The use of this section by a payee on a bad check

22  shall not affect the rights of the payee, other than as set

23  forth in this section, to present a complaint to the

24  appropriate state attorney.

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26  (Redesignate subsequent sections.)

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29  ================ T I T L E   A M E N D M E N T ===============

30  And the title is amended as follows:

31         On page 1, lines 17 and 18, delete those lines

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    7:56 PM   04/28/98                              s0190c1c-26k7b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 190, 1st Eng.

    Amendment No.    





 1  and insert:

 2         department; creating s. 832.10, F.S.; providing

 3         an alternative to the bad check diversion

 4         program; providing fees for collection;

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    7:56 PM   04/28/98                              s0190c1c-26k7b