Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 304
Barcode 113326
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Criminal Justice (Crist) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 On page 84, between lines 21 and 22,
16
17 insert:
18 Section 54. Subsection (5) is added to section
19 817.801, Florida Statutes, to read:
20 817.801 Definitions.--As used in this part:
21 (5) "Creditor contribution" means any sum that a
22 creditor agrees to contribute to a credit counseling agency,
23 whether directly or by set-off to amounts otherwise payable to
24 the creditor on behalf of debtors, provided that a creditor
25 contribution may not reduce any sums to be credited to the
26 account of a debtor making a payment to the credit counseling
27 agency for further payment to the creditor.
28 Section 55. Section 817.802, Florida Statutes, is
29 amended to read:
30 817.802 Unlawful fees and costs.--
31 (1) It is unlawful for any person, while engaging in
1
1:01 PM 04/05/05 s0304c2c-cj12-c8y
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 304
Barcode 113326
1 debt management services or credit counseling services, to
2 charge or accept from a debtor residing in this state,
3 directly or indirectly, a fee or contribution greater than $50
4 for the initial setup or initial consultation. Subsequently,
5 the person may not charge or accept a fee or contribution from
6 a debtor residing in this state greater than $120 per year for
7 additional consultations or, alternatively, if debt management
8 services as defined in s. 817.801(2)(b) are provided, the
9 person may charge the greater of 15 percent of the amount paid
10 monthly by the debtor to the person or $25 per month, not to
11 exceed a total of $50 per month 7.5 percent of the amount paid
12 monthly by the debtor to the person or $35 per month.
13 (2) No provision of This section does not prohibit
14 prohibits any person, while engaging in debt management or
15 credit counseling services, from imposing upon and receiving
16 from a debtor a reasonable and separate charge or fee for
17 insufficient funds transactions.
18 Section 56. Paragraph (a) of subsection (1) of section
19 817.804, Florida Statutes, is amended to read:
20 817.804 Requirements; disclosure and financial
21 reporting.--
22 (1) Any person engaged in debt management services or
23 credit counseling services shall:
24 (a) Obtain from a certified public accountant licensed
25 under s. 473.308 an annual audit that shall include of all
26 accounts of such person in which the funds of debtors are
27 deposited and from which payments are made to creditors on
28 behalf of debtors.
29 Section 57. Section 817.805, Florida Statutes, is
30 amended to read:
31 817.805 Disbursement of funds.--Any person engaged in
2
1:01 PM 04/05/05 s0304c2c-cj12-c8y
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 304
Barcode 113326
1 debt management or credit counseling services shall disburse
2 to the appropriate creditors all funds received from a debtor,
3 less any fees permitted by s. 817.802 and any creditor
4 contributions, within 30 days after receipt of such funds.
5 Further, any person engaged in such services shall maintain a
6 separate trust account for the receipt of any funds from
7 debtors each debtor and the disbursement of such funds on
8 behalf of such debtors debtor.
9
10 (Redesignate subsequent sections.)
11
12
13 ================ T I T L E A M E N D M E N T ===============
14 And the title is amended as follows:
15 On page 9, line 22, after the semicolon,
16
17 insert:
18 amending s. 817.801, F.S.; defining the term
19 "creditor contribution"; amending s. 817.802,
20 F.S.; revising the amount of money that a
21 person who engages in debt management or credit
22 counseling services can charge a debtor
23 residing in this state for such services;
24 amending s. 817.804, F.S.; requiring a person
25 engaged in debt management or credit counseling
26 services to obtain an annual audit that
27 includes all accounts of such person in which
28 funds of debtors are deposited and from which
29 payments are made to the creditors; amending s.
30 817.805, F.S.; requiring a person engaged in
31 debt management or credit counseling services
3
1:01 PM 04/05/05 s0304c2c-cj12-c8y
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 304
Barcode 113326
1 to disburse to the creditors all funds from a
2 debtor, less fees and any creditor
3 contributions;
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
4
1:01 PM 04/05/05 s0304c2c-cj12-c8y