F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 113 2023
1 A bill to be entitled
2 An act relating to contacting consumer debtors;
3 creating s. 559.721, F.S.; prohibiting contacting
4 debtors in certain situations; providing requirements
5 for different types of debtors; specifying the length
6 of time of each prohibition; amending s. 559.565,
7 F.S.; providing for enforcement actions against out -
8 of-state consumer debt collectors; amending s.
9 559.725, F.S.; providing for administrative duties
10 concerning consumer complaints; amending s. 559.77,
11 F.S.; providing civil remedies for violations;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 559.721, Florida Statutes, is created
17 to read:
18 559.721 Prohibitions on contacting debtors.—In collecting
19 consumer debts, no person registered under s. 559.553 shall:
20 (1) Contact a debtor regarding a debt that arises from
21 documented elder and economic abuse.
22 (a) Documented elder and economic abuse occurs when both
23 of the following apply:
24 1. The debtor, or a person with fiduciary responsibility
25 over the debtor, has alleged in a police report that the debtor
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26 has been the victim of elder abuse by a specified alleged
27 perpetrator.
28 2. The debtor, or a person with fiduciary responsibility
29 over the debtor, provides the person with a signed affidavit,
30 under penalty of perjury, swearing that the following are true:
31 a. The debtor was the victim of elder abuse as documented
32 in a police report.
33 b. As a result of alleged elder abuse, the debtor was
34 compelled to incur debt or was provided credit that the debtor
35 would not otherwise have incurred in the absence of the abuse or
36 exploitation, including, but not limited to, the debtor's
37 identity being stolen.
38 c. The debt that is the subject of the person's contact
39 with the debtor is a debt incurred solely because of elder
40 abuse.
41 (b) The prohibition in this subsection applies:
42 1. For 2 years after the affidavit under subparagraph
43 (a)2. is provided to the person; or
44 2. Indefinitely if the perpetrator has been convicted of a
45 crime relating to elder abuse arising from the conduct
46 referenced in the police report.
47 (2) Contact a debtor regarding a debt that arises from
48 documented human trafficking and economic abuse.
49 (a) Documented human trafficking and economic abuse occurs
50 when the following apply:
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51 1. Official documentation, as defined in s. 943.0583(1),
52 shows at least one incident of human trafficking has occurred in
53 which the debtor is listed as a victim or the debtor received
54 relocation assistance under s. 960.199.
55 2. The debtor provides the person with a signed affidavit,
56 under penalty of perjury, swearing that the following are true:
57 a. The debtor was the victim of human trafficking as shown
58 in official documentation or there has been a determination that
59 the debtor should receive relocation assistance under s.
60 960.199.
61 b. As a result of human trafficking, the debtor was
62 compelled to incur debt or was provided credit that the debtor
63 would not otherwise have incurred in the absence of the abuse or
64 exploitation, including instances in which the debtor's identity
65 has been stolen.
66 c. The debt that is the subject of the person's contact
67 with the debtor is debt incurred solely because of and during
68 the period of human trafficking.
69 (b) The prohibition in this subsection shall apply:
70 1. For 2 years after the affidavit under subparagraph
71 (a)2. is provided to the person; or
72 2. Indefinitely if the perpetrator has been convicted of a
73 crime relating to human trafficking as alleged in the official
74 documentation.
75 (3) Contact a debtor regarding debts that arise from
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76 documented identity theft.
77 (a) Documented identity theft occurs when the following
78 apply:
79 1. The debtor provides a Federal Trade Commission identity
80 theft report stating that the debtor is the victim of identity
81 theft.
82 2. The debtor provides the person with a signed affidavit,
83 under penalty of perjury, swearing that the following are true:
84 a. The debtor was the victim of identity theft as
85 documented in the Federal Trade Commission identity theft
86 report.
87 b. As a result of identity theft, the debt was incurred in
88 the debtor's name but in no way benefited the debtor.
89 c. The debt that is the subject of the person's contact
90 with the debtor is debt incurred solely because of identity
91 theft.
92 (b) The prohibition in this subsection applies
93 indefinitely.
94 (4)(a) Contact a debtor upon receiving notice that the
95 debtor is protected by an injunction for protection against
96 exploitation of a vulnerable adult under s. 825.1035.
97 (b) The prohibition in this subsection applies
98 indefinitely.
99 (5)(a) Contact a debtor regarding debts that arise when
100 the debtor was in foster care.
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101 (b) This prohibition applies after the debtor provides the
102 person with a signed affidavit, under penalty of perjury,
103 swearing that the following are true:
104 1. The debtor was in foster care, as defined in s. 39.01.
105 2. The debt that is the subject of the person's contact
106 with the debtor was incurred during the time when the debtor was
107 in foster care.
108 (6) Nothing in this section relieves a debtor from a debt
109 he or she has incurred as a result of a crime.
110 Section 2. Subsection (2) of section 559.565, Florida
111 Statutes, is amended to read:
112 559.565 Enforcement action against out-of-state consumer
113 debt collector.—The remedies of this section are cumulative to
114 other sanctions and enforcement provisions of this part for any
115 violation by an out-of-state consumer debt collector, as defined
116 in s. 559.55(11).
117 (2) A person, whether or not exempt from registration
118 under this part, who violates s. 559.72 or s. 559.721 is subject
119 to sanctions the same as any other consumer debt collector,
120 including imposition of an administrative fine. The regi stration
121 of a duly registered out-of-state consumer debt collector is
122 subject to revocation or suspension in the same manner as the
123 registration of any other registrant under this part.
124 Section 3. Subsection (2) of section 559.725, Florida
125 Statutes, is amended to read:
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126 559.725 Consumer complaints; administrative duties.—
127 (2) The office shall inform and furnish relevant
128 information to the appropriate regulatory body of the state or
129 the Federal Government, or The Florida Bar in the case of
130 attorneys, if a person has been named in a consumer complaint
131 pursuant to subsection (3) alleging violations of s. 559.72 or
132 s. 559.721. The Attorney General may take action against any
133 person in violation of this part.
134 Section 4. Subsections (1) and (2) of section 559.77,
135 Florida Statutes, are amended to read:
136 559.77 Civil remedies.—
137 (1) A debtor may bring a civil action against a person
138 violating the provisions of s. 559.72 or s. 559.721 in the
139 county in which the alleged violator resides or has his or her
140 principal place of business or in the county where the alleged
141 violation occurred.
142 (2) Any person who fails to comply with any provision of
143 s. 559.72 or s. 559.721 is liable for actual damages and for
144 additional statutory damages as the court may allow, but not
145 exceeding $1,000, together with court costs and reasonable
146 attorney attorney's fees incurred by the plaintiff. In
147 determining the defendant's liability for any additional
148 statutory damages, the court shall consider the nature of the
149 defendant's noncompliance with s. 559.72 or s. 559.721, the
150 frequency and persistence of the noncompliance, and the extent
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151 to which the noncompliance was intentional. In a class action
152 lawsuit brought under this section, the court may award
153 additional statutory damages of up to $1,000 for each named
154 plaintiff and an aggregate award of additional statutory damages
155 up to the lesser of $500,000 or 1 percent of the defendant's net
156 worth for all remaining class members; however, the aggregate
157 award may not provide an individual class member with additional
158 statutory damages in excess of $1,000. The court may award
159 punitive damages and may provide such equitable relief as it
160 deems necessary or proper, including enjoining the defendant
161 from further violations of this part. If the court finds that
162 the suit fails to raise a justiciable issue of law or fact, the
163 plaintiff is liable for court costs and reasonable attorney
164 attorney's fees incurred by the defendant.
165 Section 5. This act shall take effect July 1, 2023.
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Statutes affected:
H 113 Filed: 559.565, 559.725