Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 128
       
       
       
       
       
       
                                Ì789210{Î789210                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/30/2023           .                                
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       The Committee on Banking and Insurance (Rodriguez) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 559.721, Florida Statutes, is created to
    6  read:
    7         559.721 Prohibitions on contacting debtors who are victims
    8  of certain crimes.—In collecting consumer debts, a consumer
    9  collection agency may not:
   10         (1)Contact a debtor regarding a debt that arises from
   11  documented human trafficking and economic abuse.
   12         (a)Documented human trafficking and economic abuse occur
   13  when:
   14         1.Official documentation as defined in s. 943.0583 shows
   15  at least one incident of human trafficking has occurred in which
   16  the debtor is listed as a victim or in which the debtor received
   17  relocation assistance under s. 960.196; and
   18         2.The debtor provides the consumer collection agency with
   19  a signed affidavit, swearing under penalty of perjury that the
   20  following are true:
   21         a.The debtor was the victim of human trafficking as
   22  documented in a police report, or there has been a determination
   23  that the debtor should receive relocation assistance under s.
   24  960.196;
   25         b.As a result of human trafficking, the debtor was
   26  compelled to incur debt or was provided credit that the debtor
   27  would not otherwise have incurred in the absence of the abuse,
   28  including instances in which the debtor’s identity has been
   29  stolen; and
   30         c.The debt that is the subject of the consumer collection
   31  agency contact with the debtor was incurred solely because of
   32  and during the period of human trafficking.
   33         (b)The prohibition in this subsection applies:
   34         1.For 1 year after the affidavit under subparagraph (a)2.
   35  is provided to the consumer collection agency; or
   36         2.Indefinitely, if the perpetrator has been convicted of a
   37  crime relating to human trafficking as alleged in the police
   38  report.
   39         (2)Contact a debtor regarding debts that arose when the
   40  debtor was in foster care. This prohibition applies after the
   41  debtor provides the consumer collection agency with a signed
   42  affidavit, swearing under penalty of perjury that the following
   43  are true:
   44         (a)The debtor was in foster care as defined in s. 39.01;
   45  and
   46         (b)The debt that is the subject of the consumer collection
   47  agency contact with the debtor was incurred during the time when
   48  the debtor was in foster care.
   49         Section 2. Subsection (2) of section 559.725, Florida
   50  Statutes, is amended to read:
   51         559.725 Consumer complaints; administrative duties.—
   52         (2) The office shall inform and furnish relevant
   53  information to the appropriate regulatory body of the state or
   54  the Federal Government, or The Florida Bar in the case of
   55  attorneys, if a person has been named in a consumer complaint
   56  pursuant to subsection (3) alleging violations of s. 559.72 or
   57  s. 559.721. The Attorney General may take action against any
   58  person in violation of this part.
   59         Section 3. This act shall take effect July 1, 2023.
   60  
   61  ================= T I T L E  A M E N D M E N T ================
   62  And the title is amended as follows:
   63         Delete everything before the enacting clause
   64  and insert:
   65                        A bill to be entitled                      
   66         An act relating to contacting consumer debtors;
   67         creating s. 559.721, F.S.; prohibiting creditors from
   68         contacting debtors regarding specified types of debt
   69         under certain circumstances, to conform to federal
   70         regulations; amending s. 559.725, F.S.; requiring the
   71         Office of Financial Regulation of the Financial
   72         Services Commission to inform and furnish relevant
   73         information to the appropriate regulatory body of the
   74         state, the Federal Government, or The Florida Bar if a
   75         person has been named in a certain consumer complaint
   76         alleging specified violations of law; providing an
   77         effective date.