HB 1219

1	A bill to be entitled
2	An act relating to the Department of Financial Services;
3	amending s. 20.121, F.S.; revising the duties of the
4	Division of Consumer Services of the department relating
5	to the Office of Insurance Regulation; amending s.
6	520.996, F.S.; specifying that complaints relating to
7	sales and finance must be submitted to the Office of
8	Financial Regulation; amending s. 537.017, F.S.;
9	specifying that complaints relating to title loans be
10	submitted to the Office of Financial Regulation; repealing
11	part V of ch. 559, F.S., relating to commercial collection
12	practices; providing a directive to the Division of
13	Statutory Revision; amending s. 559.55, F.S.; revising
14	definitions relating to the regulation of consumer
15	collection practices; amending s. 559.551, F.S.;
16	conforming cross-references; creating s. 559.5525, F.S.;
17	providing powers for the Office of Financial Regulation;
18	amending s. 559.553, F.S.; requiring consumer collection
19	agencies to be licensed instead of registered; amending s.
20	559.555, F.S.; providing requirements for license
21	applications; requiring a license fee; providing for
22	license issuance; requiring the license to be displayed to
23	the public; limiting the effective period of the license
24	to 2 years; creating s. 559.5551, F.S.; authorizing the
25	office to disapprove the use of certain names for a
26	consumer collection agency; creating s. 559.5553, F.S.;
27	requiring a licensee to notify the agency of a change of
28	name, address, employment status, or ownership; creating
29	s. 559.5554, F.S.; providing for license renewal; creating
30	s. 559.5555, F.S.; requiring a licensee to obtain a surety
31	bond and provide proof of such bond to the office;
32	creating s. 559.5556, F.S.; authorizing the office to
33	conduct investigations of license applicants; repealing s.
34	559.563, F.S., relating to void registrations; amending s.
35	559.565, F.S.; clarifying that an out-of-state consumer
36	collection agency is subject to the same sanctions and
37	fines as an in-state licensee; providing a fine for
38	failing to obtain licensure; amending s. 559.72, F.S.;
39	providing that a prohibited act conducted by an agent,
40	employee, or control person of a consumer collection
41	agency shall be treated as a violation by the agency;
42	creating s. 559.721, F.S.; providing grounds for the
43	denial, suspension, or revocation of a license; creating
44	s. 559.722, F.S.; providing for the duration of a license
45	suspension or revocation; amending s. 559.725, F.S.;
46	revising provisions relating to consumer complaints about
47	a consumer collection agency; creating s. 559.726, F.S.;
48	providing procedures for conducting investigations,
49	including access to records; prohibiting willful
50	obstruction of an investigation; providing penalties;
51	creating s. 559.727, F.S.; providing procedures for
52	removing a person from the business of debt collecting;
53	amending s. 559.730, F.S.; revising provisions relating to
54	administrative remedies; increasing the maximum penalty;
55	authorizing the office to adopt rules relating to penalty
56	guidelines; creating s. 559.731, F.S.; providing for the
57	payment of restitution; amending s. 559.77, F.S.; revising
58	provisions relating to civil remedies; extending the
59	statute of limitations; amending s. 559.78, F.S.; revising
60	provisions relating to injunctions; amending s. 559.785,
61	F.S.; providing criminal penalties for failure to obtain
62	licensure; creating s. 559.786, F.S.; providing that a
63	license is the property of the state and must be
64	surrendered upon office request; creating s. 559.787,
65	F.S.; authorizing the Attorney General to bring an action
66	against a consumer collection agency under the Florida
67	Deceptive and Unfair Trade Practices Act; creating s.
68	559.788, F.S.; authorizing the office to adopt rules;
69	providing penalties for willful violation of such rules;
70	amending ss. 20.165, 205.1971, 501.604, 560.309, 560.406,
71	721.11, and 832.10, F.S.; conforming cross-references;
72	providing an effective date.
73
74	Be It Enacted by the Legislature of the State of Florida:
75
76	Section 1.  Paragraph (h) of subsection (2) of section
77	20.121, Florida Statutes, is amended to read:
78	20.121  Department of Financial Services.-There is created
79	a Department of Financial Services.
80	(2)  DIVISIONS.-The Department of Financial Services shall
81	consist of the following divisions:
82	(h)  The Division of Consumer Services.
83	1.  The Division of Consumer Services shall perform the
84	following functions concerning products or services regulated by
85	the department of Financial Services or by either office of the
86	Office of Insurance Regulation Financial Services Commission:
87	a.  Receive inquiries and complaints from consumers.
88	b.  Prepare and disseminate such information as the
89	department deems appropriate to inform or assist consumers.
90	c.  Provide direct assistance and advocacy for consumers
91	who request such assistance or advocacy.
92	d.  With respect to apparent or potential violations of law
93	or applicable rules by a person or entity licensed by the
94	department or office by either office of the commission, report
95	such apparent or potential violations violation to the office or
96	the appropriate division of the department or office of the
97	commission, which may take such further action as it deems
98	appropriate.
99	e.  Designate an employee of the division as the primary
100	contact for consumers on issues relating to sinkholes.
101	2.  Any person licensed or issued a certificate of
102	authority by the department or by the Office of Insurance
103	Regulation shall respond, in writing, to the Division of
104	Consumer Services within 20 days after receipt of a written
105	request for information from the division concerning a consumer
106	complaint. The response must address the issues and allegations
107	raised in the this complaint. The division may, in its
108	discretion, impose an administrative penalty for failure to
109	comply with this subparagraph of in an amount up to $2,500 per
110	violation upon any entity licensed by the department or the
111	office of Insurance Regulation and $250 for the first violation,
112	$500 for the second violation, and up to $1,000 per violation
113	thereafter upon any individual licensed by the department or the
114	office of Insurance Regulation.
115	3.  The department may adopt rules to administer implement
116	the provisions of this paragraph.
117	4.  The powers, duties, and responsibilities expressed or
118	granted in this paragraph do shall not limit the powers, duties,
119	and responsibilities of the Department of Financial Services,
120	the Financial Services Commission, the Office of Insurance
121	Regulation, or the Office of Financial Regulation set forth
122	elsewhere in the Florida Statutes.
123	Section 2.  Subsection (3) of section 520.996, Florida
124	Statutes, is amended to read:
125	520.996  Investigations and complaints.-
126	(3)  Any retail buyer or owner having reason to believe
127	that the provisions of this chapter have been violated may file
128	with the office or the Department of Financial Services a
129	written complaint with the office setting forth the details of
130	the such alleged violations and, the office upon receipt of such
131	complaint, the office may inspect the pertinent books, records,
132	letters, and contracts of the licensee and of the seller
133	involved, relating to the such specific written complaint.
134	Section 3.  Subsection (3) of section 537.017, Florida
135	Statutes, is amended to read:
136	537.017  Investigations and complaints.-
137	(3)  Any person having reason to believe that any provision
138	of this chapter act has been violated may file with the
139	Department of Financial Services or the office a written
140	complaint with the office setting forth the details of the such
141	alleged violation, and the office may investigate such
142	complaint.
143	Section 4.  Part V of chapter 559, Florida Statutes,
144	consisting of sections 559.541, 559.542, 559.543, 559.544,
145	559.545, 559.546, 559.547, and 559.548, is repealed. The
146	Division of Statutory Revision is requested to redesignate parts
147	VI through XI of chapter 559, Florida Statutes, as parts V
148	through X, respectively.
149	Section 5.  Section 559.55, Florida Statutes, is reordered
150	and amended to read:
151	559.55  Definitions.-As used in The following terms shall,
152	unless the context otherwise indicates, have the following
153	meanings for the purpose of this part, the term:
154	(1)(5)  "Communication" means the conveying of information
155	regarding a debt, directly or indirectly, to any person through
156	any medium.
157	(2)(7)  "Consumer collection agency" means a any debt
158	collector acting as a sole proprietor, a partnership, or a joint
159	venture employing one or more debt collectors, or a business
160	entity, employing one or more debt collectors, which is engaged
161	in the business of soliciting consumer debts for collection or
162	of collecting consumer debts and, which debt collector or
163	business is not expressly exempted under as set forth in s.
164	559.553(2) 559.553(4).
165	(3)  "Control person" means an individual, partnership,
166	corporation, trust, or other organization that possesses the
167	power, directly or indirectly, to direct the management or
168	policies of a company, whether through ownership of securities,
169	by contract, or otherwise. The term includes, but is not limited
170	to:
171	(a)  A company's executive officers, including the
172	president, chief executive officer, chief financial officer,
173	chief operations officer, chief legal officer, chief compliance
174	officer, director, or other individuals having similar status or
175	functions.
176	(b)  For a corporation, each shareholder who, directly or
177	indirectly, owns 10 percent or more, or who has the power to
178	vote 10 percent or more, of a class of voting securities unless
179	the applicant is a publicly traded company.
180	(c)  For a partnership, all general partners and limited or
181	special partners who have contributed 10 percent or more, or who
182	have the right to receive upon dissolution, 10 percent or more
183	of the partnership's capital.
184	(d)  For a trust, each trustee.
185	(e)  For a limited liability company, all elected managers
186	and those members who have contributed 10 percent or more, or
187	who have the right to receive upon dissolution, 10 percent or
188	more of the partnership's capital.
189	(4)(3)  "Creditor" means any person who offers or extends
190	credit creating a debt or to whom a debt is owed, but does not
191	include a any person who receives to the extent that they
192	receive an assignment or transfer of a debt in default solely
193	for the purpose of facilitating the collection of such debt for
194	another.
195	(5)(1)  "Debt" or "consumer debt" means any obligation or
196	alleged obligation of a consumer to pay money arising out of a
197	transaction in which the money, property, insurance, or
198	services, which are the subject of the transaction, are
199	primarily for personal, family, or household purposes, whether
200	or not such obligation has been reduced to judgment.
201	(6)  "Debt collector" means a any person who uses any
202	instrumentality of commerce within this state, the United States
203	mail, a common carrier, e-mail, or the Internet, whether
204	initiated from within or outside this state, in a any business
205	whose the principal purpose of which is the collection of debts,
206	or who regularly collects or attempts to collect, directly or
207	indirectly, debts owed or due or asserted to be owed or due to a
208	creditor, or who receives payment of any account, bill, claim,
209	or other indebtedness on behalf of a creditor another. The term
210	"debt collector" includes a any creditor who, in the process of
211	collecting her or his own debts, uses any name other than her or
212	his own which indicates would indicate that a third person is
213	collecting or attempting to collect such debts, and a person
214	who, directly or indirectly, engages or offers to engage in this
215	state in the business of collecting any form of indebtedness for
216	her or his own account if the indebtedness was acquired from
217	another person and was delinquent or in default at the time it
218	was acquired. The term does not include:
219	(a)  An Any officer or employee of a creditor who while, in
220	the name of the creditor, collects collecting debts for such
221	creditor;
222	(b)  A Any person while acting as a debt collector for
223	another person, both of whom are related by common ownership or
224	affiliated by corporate control, if the person acting as a debt
225	collector for persons to whom it is so related or affiliated and
226	if the principal business of such persons is not the collection
227	of debts;
228	(c)  An Any officer or employee of any federal, state, or
229	local governmental body to the extent that collecting or
230	attempting to collect any debt is in the performance of her or
231	his official duties;
232	(d)  A Any person while serving or attempting to serve
233	legal process on another any other person in connection with the
234	judicial enforcement of a any debt;
235	(e)  A Any not-for-profit organization that which, at the
236	request of consumers, performs bona fide consumer credit
237	counseling and assists consumers in the liquidation of their
238	debts by receiving payments from such consumers and distributing
239	such payments amounts to creditors; or
240	(f)  A Any person collecting or attempting to collect any
241	debt if owed or due or asserted to be owed or due another to the
242	extent that such activity is incidental to a bona fide fiduciary
243	obligation or a bona fide escrow arrangement; concerns a debt
244	that which was originated by such person; concerns a debt that
245	which was not in default at the time it was obtained by such
246	person; or concerns a debt obtained by such person as a secured
247	party in a commercial credit transaction involving the creditor.
248	(7)(2)  "Debtor" or "consumer" means any natural person
249	obligated or allegedly obligated to pay any debt.
250	(8)  "Division" means the Division of Consumer Services of
251	the Department of Financial Services.
252	(9)  "Federal Fair Debt Collection Practices Act" or
253	"Federal Act" means the federal legislation regulating fair debt
254	collection practices, as set forth in Pub. L. No. 95-109, as
255	amended and published in 15 U.S.C. ss. 1692 et seq.
256	(10)(4)  "Office" means the Office of Financial Regulation
257	of the Financial Services Commission.
258	(11)(8)  "Out-of-state consumer debt collector" means any
259	person whose business activities in this state involve both
260	collecting or attempting to collect consumer debt from debtors
261	located in this state by means of interstate communication
262	originating from outside this state and soliciting consumer debt
263	accounts for collection from creditors who have a business
264	presence in this state. For purposes of this subsection, a
265	creditor has a business presence in this state if either the
266	creditor or an affiliate or subsidiary of the creditor has an
267	office in this state.
268	Section 6.  Section 559.551, Florida Statutes, is amended
269	to read:
270	559.551  Short title.-This part Sections 559.55-559.785 may
271	be cited as the "Florida Consumer Collection Practices Act."
272	Section 7.  Section 559.5525, Florida Statutes, is created
273	to read:
274	559.5525  Office of Financial Regulation; powers.-
275	(1)  The office shall have the powers and authority
276	expressly conferred upon it by, or reasonably implied from, the
277	provisions of this part.
278	(2)  In addition to expressly authorized investigations,
279	the office may issue subpoenas and conduct such investigations
280	of consumer debt collection matters as it deems proper in order
281	to determine whether a person has violated any provision of this
282	part or to secure information useful in the lawful
283	implementation of such provision.
284	(3)  The office may collect, propose, publish, and
285	disseminate information relating to the subject matter of any
286	duties imposed upon it under this part.
287	Section 8.  Section 559.553, Florida Statutes, is amended
288	to read:
289	559.553  Licensing Registration of consumer collection
290	agencies required; exemptions.-
291	(1)  After January 1, 1994, A No person may not shall
292	engage in business in this state as a consumer collection agency
293	or act as, advertise, or hold herself or himself out as a
294	consumer collection agency continue to do business in this state
295	as a consumer collection agency without being licensed under
296	first registering in accordance with this part, and thereafter
297	maintaining a valid registration.
298	(2)  Each consumer collection agency doing business in this
299	state shall register with the office and renew such registration
300	annually as set forth in s. 559.555.
301	(3)  A prospective registrant shall be entitled to be
302	registered when registration information is complete on its face
303	and the applicable registration fee has been paid; however, the
304	office may reject a registration submitted by a prospective
305	registrant if the registrant or any principal of the registrant
306	previously has held any professional license or state
307	registration which was the subject of any suspension or
308	revocation which has not been explained by the prospective
309	registrant to the satisfaction of the office either in the
310	registration information submitted initially or upon the
311	subsequent written request of the office. In the event that an
312	attempted registration is rejected by the office the prospective
313	registrant shall be informed of the basis for rejection.
314	(2)(4)  This section does shall not apply to:
315	(a)  An Any original creditor.
316	(b)  A Any member of The Florida Bar.
317	(c)  A Any financial institution authorized to do business
318	in this state and any wholly owned subsidiary and affiliate
319	thereof.
320	(d)  A Any licensed real estate broker.
321	(e)  An Any insurance company authorized to do business in
322	this state.
323	(f)  A Any consumer finance company and any wholly owned
324	subsidiary and affiliate thereof.
325	(g)  A Any person licensed under pursuant to chapter 520.
326	(h)  An Any out-of-state consumer debt collector who does
327	not solicit consumer debt accounts for collection from credit
328	grantors who have a business presence in this state.
329	(i)  A depository institution; subsidiaries that are owned
330	and controlled by a depository institution and regulated by the
331	Board of Governors of the Federal Reserve System, the
332	Comptroller of the Currency, the Director of the Office of
333	Thrift Supervision, the National Credit Union Administration, or
334	the Federal Deposit Insurance Corporation; or institutions
335	regulated by the Farm Credit Administration. Depository
336	institution has the same meaning as in s. (3)(c) of the Federal
337	Deposit Insurance Act, and includes credit unions Any FDIC-
338	insured institution or subsidiary or affiliate thereof.
339	(5)  Any out-of-state consumer debt collector as defined in
340	s. 559.55(8) who is not exempt from registration by application
341	of subsection (4) and who fails to register in accordance with
342	this part shall be subject to an enforcement action by the state
343	as specified in s. 559.565.
344	Section 9.  Section 559.555, Florida Statutes, is amended
345	to read:
346	(Substantial rewording of section. See
347	s. 559.555, F.S., for present text.)
348	559.555  Licensing application and issuance.-
349	(1)  A consumer collection agency seeking to be licensed
350	under this part shall submit an application to the office signed
351	by the applicant or owner or owners of the consumer collection
352	agency, or, if incorporated, by the president and secretary of
353	the corporation. The signed application must include:
354	(a)  The name and principal business address and e-mail
355	address of the consumer collection agency.
356	(b)  The name and residence address of each control person
357	of the consumer collection agency.
358	(c)  The name and residence address of each debt collector
359	employed by the consumer collection agency.
360	(d)  The address of each consumer collection agency branch
361	office and the name under which each office will conduct
362	business.
363	(e)  The name of each person to be in full-time charge of
364	each consumer collection agency branch and the office to which
365	the person is assigned.
366	(f)  The fingerprints of each of the following, which must
367	be taken by a law enforcement agency or other entity approved by
368	the office, accompanied by a fingerprint processing fee in an
369	amount necessary to cover processing costs:
370	1.  The license applicant;
371	2.  Each debt collector employed by the consumer collection
372	agency; and
373	3.  All control persons.
374	(g)  Such additional information as the office requires by
375	rule to ascertain the trustworthiness and competence of persons
376	required to be listed on the application and to ascertain that
377	such persons meet the requirements of this part. However, the
378	office may not require that credit or character reports be
379	submitted for such persons.
380	(2)  Each application shall be accompanied by evidence of a
381	surety bond as prescribed in s. 559.5555 and a $400 license fee.
382	The license fee is nonrefundable and may not be prorated. All
383	amounts collected shall be deposited to the credit of the
384	Insurance Regulatory Trust Fund.
385	(3)  The office may deny a license if:
386	(a)  Any of the persons required to be listed in the
387	application have held any professional license or state
388	registration that was the subject of a suspension or revocation
389	that has not been explained by the prospective licensee to the
390	satisfaction of the office in the license application or upon
391	the subsequent written request of the office.
392	(b)  The applicant, any debt collector employed by the
393	applicant, or any control person or other person who manages or
394	controls the applicant's business meets any of the grounds for
395	license denial provided in s. 559.721 or has committed other
396	criminal acts that make her or him unfit or untrustworthy to
397	engage in the consumer collection agency business.
398	(4)  If, upon the basis of the completed application and
399	such further inquiry or investigation as may be conducted
400	pursuant to s. 559.5556, the office deems the applicant to be
401	lacking in one or more of the required qualifications for
402	licensure, the office shall deny the application and notify the
403	applicant, stating the grounds for denial. The failure of an
404	applicant to secure a license does not preclude the applicant
405	from applying again.
406	(5)  If, upon the basis of a completed application and such
407	further inquiry or investigation as the office may make
408	concerning an applicant under s. 559.5556, the office is
409	satisfied that the applicant is qualified, all applicable fees
410	have been paid, and evidence of a surety bond has been provided,
411	the office shall approve the application and issue a license.
412	(6)  Each license issued by the office must be in such form
413	as the office may designate and contain the licensee's name,
414	authorization to transact business, the licensee's personal
415	identification number, the date of issuance, and any other
416	information the office deems necessary to fully identify the
417	licensee and the authority being granted. The office may, by
418	rule, require photographs of applicants as a part of the
419	licensing process. The licensee shall display the license
420	prominently in a manner that makes it clearly visible to all
421	creditors or debtors.
422	(7)  A license issued under this section remains in effect
423	for 2 years unless canceled, suspended, revoked, or otherwise
424	terminated, and must be renewed as provided under s. 559.5554.
425	Section 10.  Section 559.5551, Florida Statutes, is created
426	to read:
427	559.5551  Consumer collection agency names; disapproval.-
428	The office may disapprove the use of any true or fictitious
429	name, other than the bona fide natural name of an individual, by
430	a licensee on any of the following grounds:
431	(1)  The name interferes with, or is too similar to, a name
432	already filed and in use by another consumer collection agency.
433	(2)  The use of the name may mislead the public in any
434	respect.
435	(3)  The name states or implies that the agency is a state
436	or federal agency, charitable organization, or entity that
437	primarily provides advice and counsel rather than collects debt.
438	This subsection does not prohibit the use of the term "state" or
439	"states" in the name of the agency if such use does not imply
440	that the agency is a state agency.
441	Section 11.  Section 559.5553, Florida Statutes, is created
442	to read:
443	559.5553  Change of name, address, employment status, or
444	ownership.-
445	(1)  A licensee must notify the office in writing within 30
446	days after a change in the name of the consumer collection
447	agency; a change in the residence address of any control person
448	of the licensee or debt collector employed by the licensee; a
449	change in the principal business street address, mailing
450	address, contact telephone numbers, including a business
451	telephone number, or e-mail address of the licensee; or the
452	employment or change in the employment status of a debt
453	collector employed by the licensee.
454	(2)  If there is a change in ownership or control of a
455	licensee, or if a new debt collector, partner, officer, or
456	director is employed or appointed, a set of fingerprints of the
457	new owner, control person, debt collector, partner, officer, or
458	director must be filed with the office within 30 days after the
459	change. The acquisition of 10 percent or more of the voting
460	securities of a licensee is considered a change of ownership or
461	control
462	(3)  Failure to notify the office within the required time
463	period shall result in a fine of up to $500 for the first
464	offense and a fine of at least $1,000 or suspension or
465	revocation of the license for a subsequent offense.
466	Section 12.  Section 559.5554, Florida Statutes, is created
467	to read:
468	559.5554  License renewal.-A consumer collection agency
469	license must be renewed every 2 years by submitting a license
470	renewal request to the office in a manner determined by the
471	office by rule. The renewal request must be accompanied by a
472	$400 renewal fee, additional fingerprints and processing fee,
473	and evidence of the surety bond required under s. 559.5555. The
474	renewal fee is nonrefundable and may not be prorated. Any of the
475	grounds for denial of a debt collector license application are
476	also grounds for denial of a license renewal request.
477	Section 13.  Section 559.5555, Florida Statutes, is created
478	to read:
479	559.5555  Surety bond.-
480	(1)  Pursuant to license application and renewal under ss.
481	559.555 and 559.5554, a license applicant must obtain and
482	maintain a current and valid surety bond for $100,000, valid for
483	the 2 years of the license, paid and issued for the use and
484	benefit of any credit grantor who suffers or sustains any loss
485	or damage by reason of any violation of the provisions of this
486	part by the licensee, or by any agent or employee of the
487	licensee acting within the scope of her or his employment, and
488	issued to ensure conformance with this part.
489	(2)  Pursuant to license application and license renewal,
490	each applicant shall furnish to the office:
491	(a)  A copy of the surety bond issued by a surety known by
492	the applicant to be acceptable to the office.
493	(b)  A statement from the surety that the premium for the
494	bond has been paid in full by the applicant.
495	(c)  A statement from the surety that the bond issued by
496	the surety meets the requirements of this part.
497	(3)  The liability of the surety under any bond issued
498	pursuant to this section may not, in the aggregate, exceed the
499	amount of the bond regardless of the number or amount of any
500	claims filed or which might be asserted against the surety on
501	such bond. If multiple claims are filed which in total exceed
502	the amount of the bond, the surety may pay the full amount of
503	the bond to the office and is not further liable under the bond.
504	The office shall hold such funds for distribution to claimants
505	and administratively determine and pay to each claimant a pro
506	rata share of each valid claim made within 6 months after the
507	date the first claim is filed against the surety.
508	Section 14.  Section 559.5556, Florida Statutes, is created
509	to read:
510	559.5556  Investigation of license applicant.-In addition
511	to those contained in the license application, the office may
512	propound any reasonable interrogatories to, or conduct such
513	further investigations of, an applicant for a license, license
514	renewal, or reinstatement of a license that has been suspended
515	or revoked relating to the background, experience,
516	qualifications, residence, or prospective place of business of
517	the applicant or any of the applicant's control persons or debt
518	collectors, or any other matter that the office deems necessary
519	or advisable for the protection of the public and to ascertain
520	the applicant's qualifications and fitness for licensure.
521	Section 15.  Section 559.563, Florida Statutes, is
522	repealed.
523	Section 16.  Section 559.565, Florida Statutes, is amended
524	to read:
525	559.565  Enforcement action against out-of-state consumer
526	debt collector.-The remedies of this section are cumulative to
527	other sanctions and enforcement provisions of this part for any
528	violation by an out-of-state consumer debt collector, as defined
529	in s. 559.55(8).
530	(1)  An Any out-of-state consumer debt collector who is not
531	exempt from licensure under s. 559.553(2) and who collects or
532	attempts to collect consumer debts in this state without first
533	obtaining a license under registering in accordance with this
534	part is shall be subject to an administrative fine of up to
535	$5,000 per violation plus not to exceed $1,000 together with
536	reasonable attorney fees and court costs in any successful
537	action by the state to collect such fines.
538	(2)  Any person, whether or not exempt from licensure
539	registration under this part, who violates the provisions of s.
540	559.72 is shall be subject to sanctions for such violations the
541	same as any other consumer debt collector, including imposition
542	of an administrative fine for each violation. An out-of-state
543	licensee employing a debt collector who violates s. 559.72 is
544	subject to sanctions for such violations, including imposition
545	of an administrative fine for each violation. A license issued
546	to an The registration of a duly registered out-of-state
547	consumer debt collector is shall be subject to revocation or
548	suspension in the same manner as the license registration of any
549	other consumer collection agency licensed registrant under this
550	part.
551	(3)  In order to effectuate the provisions of this section
552	and enforce the requirements of this part as it relates to out-
553	of-state consumer debt collectors, the Attorney General is
554	expressly authorized to initiate such action on behalf of the
555	state as he or she deems appropriate in any federal district
556	court of competent jurisdiction.
557	Section 17.  Section 559.72, Florida Statutes, is amended
558	to read:
559	559.72  Prohibited practices generally.-
560	(1)  In collecting consumer debts, a no person may not
561	shall:
562	(a)(1)  Simulate in any manner a law enforcement officer or
563	a representative of any governmental agency.;
564	(b)(2)  Use or threaten force or violence.;
565	(c)(3)  Tell a debtor who disputes a consumer debt that she
566	or he or any person employing her or him will disclose to
567	another, orally or in writing, directly or indirectly,
568	information affecting the debtor's reputation for credit
569	worthiness without also informing the debtor that the existence
570	of the dispute will also be disclosed as required by paragraph
571	(f). subsection (6);
572	(d)(4)  Communicate or threaten to communicate with a
573	debtor's employer before prior to obtaining final judgment
574	against the debtor, unless the debtor gives her or his
575	permission in writing to contact her or his employer or
576	acknowledges in writing the existence of the debt after the debt
577	has been placed for collection. However, but this does shall not
578	prohibit a person from telling the debtor that her or his
579	employer will be contacted if a final judgment is obtained.;
580	(e)(5)  Disclose to a person other than the debtor or her
581	or his family information affecting the debtor's reputation,
582	whether or not for credit worthiness, with knowledge or reason
583	to know that the other person does not have a legitimate
584	business need for the information or that the information is
585	false.;
586	(f)(6)  Disclose information concerning the existence of a
587	debt known to be reasonably disputed by the debtor without
588	disclosing that fact. If a disclosure is made before prior to
589	such reasonable dispute has having been asserted and
590	notice is received from the debtor that any part of the debt is
591	disputed and if such dispute is reasonable, the person who made
592	the original disclosure must shall reveal upon the request of
593	the debtor within 30 days the details of the dispute to each
594	person to whom disclosure of the debt without notice of the
595	dispute was made within the preceding 90 days.;
596	(g)(7)  Willfully communicate with the debtor or any member
597	of her or his family with such frequency as can reasonably be
598	expected to harass the debtor or her or his family, or willfully
599	engage in other conduct which can reasonably be expected to
600	abuse or harass the debtor or any member of her or his family.;
601	(h)(8)  Use profane, obscene, vulgar, or willfully abusive
602	language in communicating with the debtor or any member of her
603	or his family.;
604	(i)(9)  Claim, attempt, or threaten to enforce a debt when
605	such person knows that the debt is not legitimate or assert the
606	existence of some other legal right when such person knows that
607	the right does not exist.;
608	(j)(10)  Use a communication that which simulates in any
609	manner legal or judicial process or that which gives the
610	appearance of being authorized, issued, or approved by a
611	government, governmental agency, or attorney at law, when it is
612	not.;
613	(k)(11)  Communicate with a debtor under the guise of an
614	attorney by using the stationery of an attorney or forms or
615	instruments that which only attorneys are authorized to
616	prepare.;
617	(l)(12)  Orally communicate with a debtor in such a manner
618	as to give the false impression or appearance that such person
619	is or is associated with an attorney.;
620	(m)(13)  Advertise or threaten to advertise for sale any
621	debt as a means to enforce payment except under court order or
622	when acting as an assignee for the benefit of a creditor.;
623	(n)(14)  Publish or post, threaten to publish or post, or
624	cause to be published or posted before the general public
625	individual names or any list of names of debtors, commonly known
626	as a deadbeat list, for the purpose of enforcing or attempting
627	to enforce collection of consumer debts.;
628	(o)(15)  Refuse to provide adequate identification of
629	herself or himself or her or his employer or other entity whom
630	she or he represents when requested to do so by a debtor from
631	whom she or he is collecting or attempting to collect a consumer
632	debt.;
633	(p)(16)  Mail any communication to a debtor in an envelope
634	or postcard with words typed, written, or printed on the outside
635	of the envelope or postcard calculated to embarrass the debtor.
636	An example of this would be an envelope addressed to "Deadbeat,
637	Jane Doe" or "Deadbeat, John Doe".;
638	(q)(17)  Communicate with the debtor between the hours of 9
639	p.m. and 8 a.m. in the debtor's time zone without the prior
640	consent of the debtor.;
641	(r)(18)  Communicate with a debtor if the person knows that
642	the debtor is represented by an attorney with respect to such
643	debt and has knowledge of, or can readily ascertain, such
644	attorney's name and address, unless the debtor's attorney fails
645	to respond within a reasonable period of time to a communication
646	from the person, unless the debtor's attorney consents to a
647	direct communication with the debtor, or unless the debtor
648	initiates the communication.; or
649	(s)(19)  Cause a charges to be made to any debtor to be
650	charged for communications by concealing concealment of the true
651	purpose of the communication, including collect telephone calls
652	and telegram fees.
653	(2)  A violation of this section by a control person,
654	employee, or agent of a consumer collection agency shall be
655	treated as a violation by the consumer collection agency.
656	Section 18.  Section 559.721, Florida Statutes, is created
657	to read:
658	559.721  License denial, suspension, or revocation.-The
659	office may deny, suspend, revoke, or refuse to renew the license
660	of a consumer collection agency if it finds that the license
661	application does not meet the requirements of s. 559.555, or, as
662	to any consumer collection agency, debt collector employed by
663	such agency, or control person or other person who manages or
664	controls the agency if any one or more of the following grounds
665	exist:
666	(1)  Committing any act for which the issuance or renewal
667	of a license could have been denied had it then existed and been
668	known to the office.
669	(2)  Using a license to circumvent the requirements of this
670	part.
671	(3)  Having been found guilty of, or entered a plea of
672	guilty or nolo contendere to, regardless of adjudication, a
673	felony in this state or any state relating to the business of
674	consumer debt collecting.
675	(4)  Knowingly employing an individual in a managerial
676	capacity or in a capacity dealing with the public who is under
677	an order of suspension or revocation issued by the office.
678	(5)  Violating any provision of the federal Fair Debt
679	Collection Practices Act.
680	(6)  Committing any of the following acts that make the
681	operation of the consumer collection agency hazardous to the
682	public or other persons:
683	(a)  Misappropriation, conversion, or unlawful withholding
684	of moneys belonging to a debtor, creditor, beneficiary, or
685	others and received in the conduct of business under the
686	license.
687	(b)  Misrepresentation of any credit contract, or deception
688	with regard to such contract, done in person or by any form of
689	dissemination of information or advertising.
690	(c)  Violating any provision of this part or of any other
691	law applicable to the business of debt collecting in the course
692	of dealing under the license.
693	(d)  Violating any lawful order or rule of the office.
694	(e)  Failing or refusing, upon demand, to pay over to a
695	creditor represented by the consumer collection agency any money
696	coming into the hands of the consumer collection agency which
697	belongs to the creditor.
698	(f)  In conducting business under the license, engaging in
699	unfair methods of competition or in unfair or deceptive acts or
700	practices prohibited under part VI of chapter 501.
701	(g)  Using fraudulent or dishonest practices in conducting
702	business related to debt collecting.
703	(h)  Demonstrating a lack of fitness or trustworthiness
704	when engaged in the business of debt collecting.
705	(7)  Failing to take corrective action or report a
706	violation to the office within 30 days after a violation is
707	known or should have been known by the licensee or one or more
708	of the control persons acting on behalf of the licensee.
709	Section 19.  Section 559.722, Florida Statutes, is created
710	to read:
711	559.722  Duration of license suspension or revocation.-
712	(1)  In its order suspending a consumer collection agency
713	license, the office shall specify the period during which the
714	suspension is in effect, which may not exceed 2 years or the
715	remaining term of the license, whichever is less. The suspension
716	of a license may be rescinded or modified by an order of the
717	office or may be modified or reversed by a court.
718	(a)  A suspended license may not be reinstated except upon
719	the filing and approval of a request for reinstatement on a form
720	adopted by office rule.
721	(b)  A request for reinstatement is subject to denial and a
722	waiting period before approval on the same grounds that apply to
723	applications for licensure pursuant to s. 559.555 or s. 559.721.
724	(c)  The office may not approve a request for reinstatement
725	if it finds that the circumstances for which the license was
726	suspended still exist or are likely to recur.
727	(2)  If a consumer collection agency license is revoked by
728	the office, the agency may not apply for another license for 2
729	years following the effective date of such revocation or, if
730	judicial review of the revocation is sought, for 2 years
731	following the date of the final court order or decree affirming
732	the revocation.
733	(a)  An applicant whose license has been revoked by the
734	office must apply and qualify for licensure in the same manner
735	as a first-time applicant, and the application may be denied on
736	the same grounds that apply to first-time applicants for
737	licensure pursuant to s. 559.555 or s. 559.721.
738	(b)  The office may not grant a new license if it finds
739	that the circumstances for which the previous license was
740	revoked still exist or are likely to recur.
741	(3)  If a consumer collection agency's license has been
742	revoked twice, the office may not issue a license under this
743	part to such agency.
744	(4)  During the period of license suspension or revocation,
745	the former licensee may not engage in, or attempt or profess to
746	engage in, any transaction or business for which a license is
747	required under this part or, directly or indirectly, to own,
748	control, or be employed in any manner by a consumer collection
749	agency.
750	Section 20.  Section 559.725, Florida Statutes, is amended
751	to read:
752	559.725  Consumer complaints; administrative duties.-
753	(1)  The division of Consumer Services of the department of
754	Financial Services shall receive and maintain serve as the
755	registry for receiving and maintaining records of inquiries,
756	correspondence, and complaints from consumers concerning any and
757	all persons who collect debts, including consumer collection
758	agencies.
759	(2)  The division shall classify complaints by type and
760	identify the number of written complaints against persons
761	collecting or attempting to collect debts in this state,
762	including credit grantors collecting their own debts, debt
763	collectors generally, and, specifically, consumer collection
764	agencies as distinguished from other persons who collect debts
765	such as commercial debt collection agencies regulated under part
766	V of this chapter. The division shall identify the nature and
767	number of various kinds of written complaints, including
768	specifically those alleging violations of s. 559.72.
769	(2)(3)  The division shall inform and furnish relevant
770	information to the appropriate regulatory body of the state, or
771	The Florida Bar in the case of attorneys, if a when any consumer
772	debt collector exempt from licensure registration under this
773	part has been named in a five or more written consumer complaint
774	that alleges one or more complaints alleging violations of s.
775	559.72 within a 12-month period.
776	(4)  The division shall furnish a form to each complainant
777	whose complaint concerns an alleged violation of s. 559.72 by a
778	consumer collection agency. Such form may be filed with the
779	office. The form shall identify the accused consumer collection
780	agency and provide for the complainant's summary of the nature
781	of the alleged violation and facts which allegedly support the
782	complaint. The form shall include a provision for the
783	complainant to state under oath before a notary public that the
784	allegations therein made are true.
785	(5)  Upon receipt of such sworn complaint, the office shall
786	promptly furnish a copy of the sworn complaint to the accused
787	consumer collection agency.
788	(3)(6)  The office shall investigate sworn complaints by
789	direct written communication with the complainant and the
790	affected consumer collection agency. In addition, the office
791	shall attempt to resolve each sworn complaint and shall record
792	the resolution of such complaints.
793	(7)  Periodically, the office shall identify consumer
794	collection agencies that have unresolved sworn consumer
795	complaints from five or more different consumers within a 12-
796	month period under the provisions of this part.
797	(8)  The office shall issue a written warning notice to the
798	accused consumer collection agency if the office is unable to
799	resolve all such sworn complaints and fewer than five unresolved
800	complaints remain. Such notice shall include a statement that
801	the warning may constitute evidence in any future investigation
802	of similar complaints against that agency and in any future
803	administrative determination of the imposition of other
804	administrative remedies available to the office under this part.
805	(9)  The office may issue a written reprimand when five or
806	more such unresolved sworn complaints against a consumer
807	collection agency collectively fall short of constituting
808	apparent repeated violations that warrant more serious
809	administrative sanctions. Such reprimand shall include a
810	statement that the reprimand may constitute evidence in any
811	future investigation of similar complaints against that agency
812	and in any future administrative determination of the imposition
813	of other administrative remedies available to the office.
814	(4)(10)  The office shall issue a notice of intent either
815	to revoke or suspend the registration or to impose an
816	administrative fine on, suspend the license of, or revoke the
817	license of a consumer collection agency if when the office
818	preliminarily determines that a violation repeated violations of
819	s. 559.72 or s. 559.721 by an accused licensee or a control
820	person, employee, or agent of such licensee has registrant have
821	occurred which would warrant more serious administrative
822	sanctions being imposed under this part. The office shall advise
823	each licensee registrant of the right to require an
824	administrative hearing under chapter 120 before, prior to the
825	agency's final action on the matter as authorized by s. 559.730.
826	(5)(11)  The office shall advise the appropriate state
827	attorney, or the Attorney General in the case of an out-of-state
828	consumer debt collector, of any office determination by the
829	office of a violation of the requirements of this part by any
830	consumer collection agency that which is not licensed registered
831	as required by this part. The office shall furnish the state
832	attorney or Attorney General with the office's information
833	concerning the alleged violations of such requirements so that
834	action may be taken.
835	Section 21.  Section 559.726, Florida Statutes, is created
836	to read:
837	559.726  Conducting investigations; access to records.-If
838	the office has reason to believe that a person has violated or
839	is violating any provision of this part, or upon the receipt of
840	a complaint pursuant to s. 555.725 indicating that such
841	violation may exist, the office shall conduct such investigation
842	as it deems necessary of the accounts, records, documents, and
843	transactions pertaining to or affecting the consumer debt
844	collection affairs of a consumer collection agency subject to
845	licensure under this part.
846	(1)  The investigation may be conducted at the offices of
847	the person being investigated and at such other places as may be
848	required for determination of the matters under investigation.
849	(2)  Every person being investigated, and such person's
850	officers, attorneys, employees, agents, representatives, and
851	other control persons, shall make the accounts, records,
852	documents, files, information, assets, and matters in her or his
853	possession or control relating to the subject of the
854	investigation freely available to the office and its
855	investigators. An agent of the person being investigated who
856	provides other products or services, or maintains customer
857	information not related to consumer debt collecting, must
858	maintain records relating to consumer debt collecting separately
859	if necessary to give the office access to such records. If
860	records relating to consumer debt collecting are maintained by
861	an agent on premises owned or operated by a third party, the
862	agent and the third party must provide access to the records by
863	the office.
864	(3)  The office and its investigators may not remove any
865	original record, account, document, file, or other property of
866	the person being investigated from the offices of such person
867	except with the written consent of the person given in advance
868	of such removal or pursuant to a court order. However, the
869	office and its investigators may electronically scan such
870	material and the scanned copies may be removed from the offices
871	of such person.
872	(4)  Any person who willfully obstructs the office or the
873	investigators in an investigation authorized by this part
874	commits a misdemeanor of the second degree, which is, in
875	addition to any applicable fine, denial, suspension, or
876	revocation of a license, punishable as provided in s. 775.082 or
877	s. 775.083. Each instance of such violation is a separate
878	offense.
879	Section 22.  Section 559.727, Florida Statutes, is created
880	to read:
881	559.727  Removal from business of debt collecting.-
882	(1)  The office may issue and serve a complaint on a
883	consumer collection agency stating charges upon any person
884	acting for or on behalf of the consumer collection agency if the
885	office has reason to believe that such person is engaging in or
886	has engaged in a violation of this part, a violation of any rule
887	or order of the office, or an act that demonstrates a lack of
888	fitness or trustworthiness to engage in the business of debt
889	collecting. A copy of the complaint must be served on the person
890	against whom the charges are made.
891	(2)  The complaint must contain a statement of facts and
892	notice of opportunity for a hearing pursuant to ss. 120.569 and
893	120.57.
894	(3)  If a hearing is not requested within the time allotted
895	by ss. 120.569 and 120.57, or if a hearing is held and the
896	office finds that any of the charges in the complaint are proven
897	true, the office may enter an order removing the person or
898	restricting or prohibiting participation by the person in the
899	affairs of that particular consumer collection agency or of any
900	other consumer collection agency.
901	(4)  If the consumer collection agency and person against
902	whom charges are made fail to respond to the complaint within
903	the time allotted by ss. 120.569 and 120.57, the failure to
904	respond constitutes a default and justifies the entry of an
905	order of removal, suspension, or restriction.
906	(5)  A contested or default order is effective when reduced
907	to writing and served on the licensee or the person against whom
908	charges were made. An uncontested order is effective as agreed.
909	(6)  A person removed from office, employment, or any other
910	capacity pursuant to this section is not eligible for
911	reelection, appointment, employment, or any other official
912	position in a consumer collection agency in this state except
913	upon the written consent of the office. Such person may petition
914	the office for modification or termination of the removal,
915	restriction, or prohibition.
916	(7)  Resignation or termination of a person against whom a
917	compliant has been served does not affect the office's
918	jurisdiction to proceed under this section.
919	Section 23.  Section 559.730, Florida Statutes, is amended
920	to read:
921	559.730  Administrative remedies.-
922	(1)  In addition to the grounds for license denial,
923	suspension, or revocation under s. 559.721, the office may
924	impose an administrative fine on, suspend the license of, or
925	revoke the license or suspend the registration of any licensee
926	registrant under this part who has engaged in repeated
927	violations which establish a clear pattern of abuse of
928	prohibited collection practices under s. 559.72. Final office
929	action to fine or suspend or revoke the license or suspend the
930	registration of any licensee is registrant shall be subject to
931	review in accordance with chapter 120 in the same manner as
932	revocation of a license. The repeated violations of the law by
933	one employee shall not be grounds for revocation or suspension
934	of the registration of the employing consumer collection agency,
935	unless the employee is also the owner of a majority interest in
936	the collection agency.
937	(2)  The registration of a registrant shall not be revoked
938	or suspended if the registrant shows by a preponderance of the
939	evidence that the violations were not intentional and resulted
940	from bona fide error notwithstanding the maintenance of
941	procedures reasonably adapted to avoid any such error.
942	(3)  The office shall consider the number of complaints
943	against the registrant in relation to the accused registrant's
944	volume of business when determining whether suspension or
945	revocation is the more appropriate sanction when circumstances
946	warrant that one or the other should be imposed upon a
947	registrant.
948	(4)  The office shall impose suspension rather than
949	revocation when circumstances warrant that one or the other
950	should be imposed upon a registrant and the accused registrant
951	demonstrates that the registrant has taken affirmative steps
952	which can be expected to effectively eliminate the repeated
953	violations and that the registrant's registration has never
954	previously been suspended.
955	(2)(5)  The office may impose An administrative fine of up
956	to $5,000 per violation may be imposed $1,000 against the
957	offending licensee registrant as a sanction for repeated
958	violations of the provisions of s. 559.72 when violations do not
959	rise to the level of misconduct governed by subsection (1).
960	(a)  Final office action to impose an administrative fine
961	is shall be subject to review in accordance with ss. 120.569 and
962	120.57.
963	(b)  The administrative penalty may be augmented by an
964	amount equal to any commissions or profits received by, or
965	accruing to, the credit of the licensee in connection with a
966	transaction that is the ground for the imposition of the fine,
967	suspension, or revocation.
968	(c)  The office may adopt rules establishing guidelines for
969	imposing administrative penalties.
970	(3)(6)  Any administrative fine imposed under this part is
971	shall be payable to the office. The office shall maintain an
972	appropriate record and shall deposit such fine into the
973	Insurance Regulatory Trust Fund of the office.
974	(4)  The office may allow the licensee a reasonable period
975	of up to 30 days within which to pay any fine imposed. If the
976	licensee fails to pay the total fine to the office within the
977	period allowed, the office may:
978	(a)  Suspend, revoke, or refuse to issue or renew the
979	license of the consumer collection agency until the fine is paid
980	in full; and
981	(b)  Impose an additional fine of $100 per day until the
982	fine is paid.
983	(5)(7)  An administrative action by the office to impose a
984	revocation, suspension, or fine, suspension, or revocation must
985	shall be brought within 2 years after the date of the last
986	violation upon which the action is founded.
987	(6)(8)  Nothing in This part does not shall be construed to
988	preclude any person from pursuing remedies available under the
989	Federal Fair Debt Collection Practices Act for any violation of
990	such act, including specifically against any person who is
991	exempt from the licensing registration provisions of this part.
992	Section 24.  Section 559.731, Florida Statutes, is created
993	to read:
994	559.731  Restitution.-If any ground exists for the
995	imposition of a fine, license suspension, or license revocation,
996	the office may, in addition to any other penalty authorized
997	under this part, order the licensee to pay restitution to any
998	person who has been deprived of money by the licensee's
999	misappropriation, conversion, or unlawful withholding of moneys
1000	belonging to a debtor, creditor or beneficiary, or other person.
1001	The amount of restitution may not exceed the amount of money
1002	misappropriated, converted, or unlawfully withheld. This section
1003	does not limit or restrict a person's right to seek other
1004	remedies as provided by law.
1005	Section 25.  Section 559.77, Florida Statutes, is amended
1006	to read:
1007	559.77  Civil remedies.-
1008	(1)  A debtor may bring a civil action against a person or
1009	consumer collection agency or both for violating the provisions
1010	of s. 559.72 in a court of competent jurisdiction of the county
1011	in which the alleged violator resides or has his or her
1012	principal place of business or in the county wherein the alleged
1013	violation occurred.
1014	(2)  Upon adverse adjudication, the defendant is shall be
1015	liable for actual damages and for additional statutory damages
1016	of up to $1,000, together with court costs and reasonable
1017	attorney's fees incurred by the plaintiff. In determining the
1018	defendant's liability for any additional statutory damages, the
1019	court shall consider the nature of the defendant's noncompliance
1020	with s. 559.72 or s. 559.721, the frequency and persistence of
1021	such noncompliance, and the extent to which such noncompliance
1022	was intentional. In a any class action lawsuit brought under
1023	this section, the court may award additional statutory damages
1024	of up to $1,000 for each named plaintiff and an aggregate award
1025	of additional statutory damages up not to exceed the lesser of
1026	$500,000 or 1 percent of the defendant's net worth for all
1027	remaining class members; however, the, but in no event may this
1028	aggregate award may not provide an individual class member with
1029	additional statutory damages in excess of $1,000. The court may,
1030	in its discretion, award punitive damages and may provide such
1031	equitable relief as it deems necessary or proper, including
1032	enjoining the defendant from further violations of this part. If
1033	the court finds that the suit fails to raise a justiciable issue
1034	of law or fact, the plaintiff is shall be liable for court costs
1035	and reasonable attorney's fees incurred by the defendant.
1036	(3)  A person shall not be held liable in any action
1037	brought under this section if the person shows by a
1038	preponderance of the evidence that the violation was not
1039	intentional and resulted from a bona fide error, notwithstanding
1040	the maintenance of procedures reasonably adapted to avoid any
1041	such error.
1042	(3)(4)  An action brought under this section must be
1043	commenced within 5 2 years after the date of the last violation
1044	upon which the action is founded on which the alleged violation
1045	occurred.
1046	(4)(5)  In applying and construing this section, due
1047	consideration and great weight shall be given to the
1048	interpretations of the Federal Trade Commission and the federal
1049	courts relating to the federal Fair Debt Collection Practices
1050	Act.
1051	Section 26.  Section 559.78, Florida Statutes, is amended
1052	to read:
1053	559.78  Judicial enforcement.-In addition to other
1054	penalties provided under in this part, state attorneys and their
1055	assistants may are authorized to apply to the court of competent
1056	jurisdiction within their respective jurisdictions, upon the
1057	sworn affidavit of any person alleging a violation of any of the
1058	provisions of this part. Such court shall have jurisdiction,
1059	upon hearing and for cause shown, to grant a temporary or
1060	permanent injunction restraining any person from violating any
1061	provision of this part, whether or not there exists an adequate
1062	remedy at law,; and such injunction, suspension, or revocation
1063	shall issue without bond.
1064	Section 27.  Section 559.785, Florida Statutes, is amended
1065	to read:
1066	559.785  Criminal penalty.-It is a felony of the third
1067	shall be a misdemeanor of the first degree, punishable as
1068	provided in s. 775.082, or s. 775.083, or s. 775.084 for any
1069	person subject to licensure under not exempt from registering as
1070	provided in this part to engage in collecting consumer debts in
1071	this state without first obtaining a license from registering
1072	with the office, or to obtain a license register or attempt to
1073	obtain a license register by means of fraud, misrepresentation,
1074	or concealment.
1075	Section 28.  Section 559.786, Florida Statutes, is created
1076	to read:
1077	559.786  Surrender of license.-All licenses issued under
1078	this part are state property and upon notice of suspension,
1079	revocation, refusal to renew, failure to renew, expiration, or
1080	other termination of the license, such license is no longer in
1081	force and effect. This section does not require the surrender of
1082	the license to the office unless surrender has been requested by
1083	the office.
1084	Section 29.  Section 559.787, Florida Statutes, is created
1085	to read:
1086	559.787  Authority of Attorney General.-The Attorney
1087	General may bring an action under the Florida Deceptive and
1088	Unfair Trade Practices Act on behalf of the state against a
1089	consumer collection agency, an out-of-state consumer debt
1090	collector, or a debt collector or business expressly exempted
1091	from licensure under s. 559.553(2) if there are repeated
1092	violations of s. 559.72 which establish a clear pattern of
1093	abuse.
1094	Section 30.  Section 559.788, Florida Statutes, is created
1095	to read:
1096	559.788  Rules; violations.-
1097	(1)  The office may adopt rules to administer this part.
1098	(2)  In addition to any other penalty, willful violation of
1099	any rule adopted under this part subjects the violator to such
1100	fine, suspension, or revocation of license as applicable for a
1101	violation of the provision to which the rule relates.
1102	Section 31.  Paragraph (b) of subsection (9) of section
1103	20.165, Florida Statutes, is amended to read:
1104	20.165  Department of Business and Professional
1105	Regulation.-There is created a Department of Business and
1106	Professional Regulation.
1107	(9)
1108	(b)  Each employee serving as a law enforcement officer for
1109	the division must meet the qualifications for employment or
1110	appointment as a law enforcement officer set forth under s.
1111	943.13 and must be certified as a law enforcement officer by the
1112	Department of Law Enforcement under chapter 943. Upon
1113	certification, the each law enforcement officer is subject to
1114	and has the same authority as provided for law enforcement
1115	officers generally in chapter 901 and has statewide
1116	jurisdiction. Each officer also has the same arrest authority as
1117	provided for state law enforcement officers in s. 901.15. Each
1118	officer possesses the full law enforcement powers granted to
1119	other peace officers of this state, including the authority to
1120	make arrests, carry firearms, serve court process, and seize
1121	contraband and the proceeds of illegal activities.
1122	1.  The primary responsibility of each officer appointed
1123	under this section is to investigate, enforce, and prosecute,
1124	throughout the state, violations and violators of parts I and II
1125	of chapter 210, part VI part VII of chapter 559, and chapters
1126	561-569, and the rules adopted thereunder, as well as other
1127	state laws that the division, all state law enforcement
1128	officers, or beverage enforcement agents are specifically
1129	authorized to enforce.
1130	2.  The secondary responsibility of each officer appointed
1131	under this section is to enforce all other state laws if,
1132	provided that the enforcement is incidental to exercising the
1133	officer's primary responsibility under as provided in
1134	subparagraph 1., and the officer exercises the powers of a
1135	deputy sheriff, only after consultation or coordination with the
1136	appropriate local sheriff's office or municipal police
1137	department or when the division participates in the Florida
1138	Mutual Aid Plan during a declared state emergency.
1139	Section 32.  Section 205.1971, Florida Statutes, is amended
1140	to read:
1141	205.1971  Sellers of travel; consumer protection.-A county
1142	or municipality may not issue or renew a business tax receipt to
1143	engage in business as a seller of travel pursuant to part X XI
1144	of chapter 559 unless such business exhibits a current
1145	registration or letter of exemption from the Department of
1146	Agriculture and Consumer Services.
1147	Section 33.  Subsection (20) of section 501.604, Florida
1148	Statutes, is amended to read:
1149	501.604  Exemptions.-The provisions of this part, except
1150	ss. 501.608 and 501.616(6) and (7), do not apply to:
1151	(20)  A person who is registered pursuant to part X XI of
1152	chapter 559 and who is soliciting within the scope of the
1153	registration.
1154	Section 34.  Subsection (10) of section 560.309, Florida
1155	Statutes, is amended to read:
1156	560.309  Conduct of business.-
1157	(10)  If a check is returned to a licensee from a payor
1158	financial institution due to lack of funds, a closed account, or
1159	a stop-payment order, the licensee may seek collection pursuant
1160	to s. 68.065. In seeking collection, the licensee must comply
1161	with the prohibitions against harassment or abuse, false or
1162	misleading representations, and unfair practices in the Fair
1163	Debt Collections Practices Act, 15 U.S.C. ss. 1692d, 1692e, and
1164	1692f. A violation of this subsection is a deceptive and unfair
1165	trade practice and constitutes a violation of the Deceptive and
1166	Unfair Trade Practices Act under part II of chapter 501. In
1167	addition, a licensee must comply with the applicable provisions
1168	of the Consumer Collection Practices Act under part V VI of
1169	chapter 559, including s. 559.77.
1170	Section 35.  Subsection (2) of section 560.406, Florida
1171	Statutes, is amended to read:
1172	560.406  Worthless checks.-
1173	(2)  If a check is returned to a deferred presentment
1174	provider from a payor financial institution due to insufficient
1175	funds, a closed account, or a stop-payment order, the deferred
1176	presentment provider may pursue all legally available civil
1177	remedies to collect the check, including, but not limited to,
1178	the imposition of all charges imposed on the deferred
1179	presentment provider by the financial institution. In its
1180	collection practices, a deferred presentment provider must
1181	comply with the prohibitions against harassment or abuse, false
1182	or misleading representations, and unfair practices that are
1183	contained in the Fair Debt Collections Practices Act, 15 U.S.C.
1184	ss. 1692d, 1692e, and 1692f. A violation of this act is a
1185	deceptive and unfair trade practice and constitutes a violation
1186	of the Deceptive and Unfair Trade Practices Act under part II of
1187	chapter 501. In addition, a deferred presentment provider must
1188	comply with the applicable provisions of the Consumer Collection
1189	Practices Act under part V VI of chapter 559, including s.
1190	559.77.
1191	Section 36.  Paragraph (d) of subsection (3) of section
1192	721.11, Florida Statutes, is amended to read:
1193	721.11  Advertising materials; oral statements.-
1194	(3)  The term "advertising material" does not include:
1195	(d)  Any audio, written, or visual publication or material
1196	promoting relating to the promotion of the availability of any
1197	accommodations or facilities, or both, for transient rental,
1198	including an any arrangement governed by part X XI of chapter
1199	559, if so long as a mandatory tour of a timeshare plan or
1200	attendance at a mandatory sales presentation is not a term or
1201	condition of the availability of such accommodations or
1202	facilities, or both, and if so long as the failure of the any
1203	transient renter to take a tour of a timeshare plan or attend a
1204	sales presentation does not result in the transient renter
1205	receiving less than what was promised to the transient renter in
1206	such materials.
1207	Section 37.  Subsection (1) of section 832.10, Florida
1208	Statutes, is amended to read:
1209	832.10  Alternative to bad check diversion program; fees
1210	for collection.-
1211	(1)  Before Prior to presenting a complaint about a
1212	dishonored check to a state attorney, a payee on such bad check
1213	may place or assign the debt evidenced by the bad check for
1214	collection pursuant to this section by a private debt collector
1215	licensed registered under part V VI of chapter 559.
1216	Section 38.  This act shall take effect October 1, 2010.

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