Florida Senate - 2019 CS for SB 1034
By the Committee on Banking and Insurance; and Senator Gruters
597-03481-19 20191034c1
1 A bill to be entitled
2 An act relating to assignment of consumer debts;
3 amending s. 559.715, F.S.; specifying that certain
4 communications, disclosures, and payments do not
5 constitute an action; providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Section 559.715, Florida Statutes, is amended to
10 read:
11 559.715 Assignment of consumer debts.—
12 (1) This part does not prohibit the assignment, by a
13 creditor, of the right to bill and collect a consumer debt.
14 However, the assignee must give the debtor written notice of
15 such assignment as soon as practical after the assignment is
16 made, but at least 30 days before any action to collect the
17 debt. For the purpose of this subsection, the term “action” does
18 not include a communication or disclosure required by law and
19 does not include any communication or payment initiated by the
20 debtor.
21 (2) The assignee is a real party in interest and may bring
22 an action to collect a debt that has been assigned to the
23 assignee and is in default.
24 Section 2. This act shall take effect July 1, 2019.