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Meeting Packet, Committee on Commerce and Tourism, Florida Senate, February 11, 2025

Summary

A packet of materials for the February 11, 2025 meeting of the Florida Senate Committee on Commerce and Tourism, Senator Leek, Chair, in the 2025 Regular Session. The expanded agenda lists a presentation on broadband and SB 232, Debt Collection, introduced by Senator Rodriguez, marked Temporarily Postponed. A FloridaCommerce Office of Broadband presentation reports $363.9 million awarded for 137 grants in 59 counties under the Broadband Opportunity Grant Program and $1.16 billion awarded to Florida under the BEAD Program. The staff analysis of SB 232, dated February 10, 2025, states that the bill clarifies that consumer debt collectors may not communicate with a debtor via telephone call between 9 p.m. and 8 a.m. and takes effect July 1, 2025.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Meeting Packet, Committee on Commerce and Tourism, Florida Senate, February 11, 2025.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-02-11-post-meeting-packet-7850-cadea40ab1/, SHA-256 4803d2be7d750a70674afb90266421079734f94fb3c19b3f567559b128e9114f.

Full text

Commerce and Tourism - 02/11/2025 8:30 AM                                                2025 Regular Session
Customized                                                                                02/11/2025 9:39 AM
Agenda Order

Tab 2      SB 232 by Rodriguez; Identical to H 00147 Debt Collection
109918   D       S                    CM, Rodriguez            Delete everything after   02/10 08:22 AM




                                                Page 1 of 1
2025 Regular Session                                 The Florida Senate
                             COMMITTEE MEETING EXPANDED AGENDA
                                              COMMERCE AND TOURISM
                                                 Senator Leek, Chair
                                             Senator Arrington, Vice Chair

            MEETING DATE:     Tuesday, February 11, 2025
                    TIME:     8:30—10:30 a.m.
                  PLACE:      Toni Jennings Committee Room, 110 Senate Building

                  MEMBERS:    Senator Leek, Chair; Senator Arrington, Vice Chair; Senators Davis, DiCeglie, Gruters, McClain,
                              Smith, Wright, and Yarborough

                                                        BILL DESCRIPTION and
 TAB       BILL NO. and INTRODUCER                   SENATE COMMITTEE ACTIONS                          COMMITTEE ACTION

   1    Presentation on Broadband                                                                  Presented



   2    SB 232                             Debt Collection; Revising prohibited practices for a    Temporarily Postponed
        Rodriguez                          person attempting to collect consumer debt, etc.
        (Identical H 147)
                                           CM       02/11/2025 Temporarily Postponed
                                           BI
                                           RC


        Other Related Meeting Documents




                                                                                                                     S-036 (10/2008)
02112025.0913                                                                                                            Page 1 of 1
Office of Broadband Overview
Division of Community Development
Senate Commerce and Tourism Meeting

Tuesday, February 11, 2025

                                      1
Office of Broadband Overview
❑The Legislature found that the sustainable adoption of broadband
 internet service is critical to the economic and business development of
 this state.
❑In July 2020, the Legislature established the Office of Broadband within
 FloridaCommerce and tasked the Office with encouraging the use of
 broadband internet service.




                                                                      2
Office of Broadband Program Overview
FloridaCommerce’s Office of
Broadband has engaged with 525
stakeholders to increase the
availability and effectiveness of
broadband internet throughout
Florida including:
   ❑Local and state government
    agencies
   ❑Local Technology Planning Teams
   ❑Community organizations
   ❑Private businesses


                                       3
Broadband Update
State Grant Program – Fully Awarded                                                                            Italicized Text indicates:
                                                                                                               Proactively targeted participation
❑ Broadband Opportunity Grant Program - $363.9 million awarded for 137 grants in 59 counties
                                                                                                               of state colleges, technical colleges
                                                                                                               and local workforce boards
Federal Grant Programs – Fully Awarded
❑ Capital Projects Fund Program:
     ❑ Broadband Infrastructure Program – Approximately $249 million awarded for 74 grants in 50 counties
     ❑ Multi-Purpose Community Facilities Program (workforce, health, digital literacy) – Approximately $87 million for 29 grants in 17 counties
     ❑ Digital Connectivity Technology Program – More than $11 million for 15 grants in 25 counties
❑ Many of the recipients mirrored the Multi-Purpose Community Facilities grants
❑ As of 2024, an estimated 1,167 miles of aerial and underground fiber were laid, enabling 4,300 residential and businesses to have access to
  broadband infrastructure.

Federal Grant Programs – New; Grant Competitions in 2025
❑ Digital Capacity Grant Program – $70 million awarded to Florida ($41.7 million in-hand), with the intent to have competitive grant application
  window in Spring 2025
❑ BEAD Program – $1.16 billion awarded to Florida, with the intent for competitive grant application windows in Spring 2025 and Summer 2025
    ❑ Infrastructure – More than $970 million ($200 million prioritized for Seminole and Miccosukee Tribes)
    ❑ Workforce - $110 million
    ❑ Digital Literacy and Cybersecurity – $30 million
                                                                                                                                              4
Strategic Plan for Broadband
❑Legislature tasked Office with creation of
 strategic plan, updated biennially.
❑First update was completed and
 submitted July 2024.
❑Assessed efficacy of Office programs and
 efforts thus far.
❑Updated strategies from initial plan based
 on lessons learned.
❑Created in collaboration with the
 University of Florida Public Utility
 Research Center.
                                              5
Office of Broadband: 255 Awards in 65 Counties
Since July 2020, FloridaCommerce’s Office of Broadband has accomplished the
following:
❑Awarded more than $708 million in funding to four grant programs:
    ❑Broadband Opportunity Program
    ❑Capital Projects Fund
       ❑ Broadband Infrastructure Program
       ❑ Multi-Purpose Community Facility Program
       ❑ Digital Connectivity Technology Program
❑Generated $642 million in private leverage
❑Upgrading 29 community facilities
❑Funded 15 programs for digital devices, equipment and training


                                                                              6
Broadband’s Impact on Florida’s Rural
Communities
❑FloridaCommerce prioritizes rural
 investment
❑New opportunities for businesses
 and employees
❑New workforce needs for
 infrastructure
❑Expanded educational opportunities




                                        7
Office of Broadband Award Map




                                8
Broadband Opportunity Program
The Broadband Opportunity Program
provides federal and state funding for
installation and deployment of broadband
internet infrastructure in unserved Florida
communities.

                                              Rural Area of
                                              Opportunity




                                                              9
Broadband Infrastructure Program
The Broadband Infrastructure Program
provides funding to deploy broadband
internet infrastructure in unserved and
underserved areas throughout the state,
prioritizing rural areas.

                                          Rural Area of
                                          Opportunity




                                                          10
Multi-Purpose Community Facilities Program
The Multi-Purpose Community Facilities
Program provides funds for construction of
or improvements to buildings designed to
give local communities access to
broadband internet.

                                             Rural Area of
                                             Opportunity




                                                             11
Digital Connectivity Technology Program
The Digital Connectivity Technology
Program provides funds to subrecipients to
enhance digital connectivity by providing
essential devices, equipment and training.


                                             Rural Area of
                                             Opportunity




                                                             12
Digital Capacity Grant Program

The Digital Capacity Grant Program will provide funding to close the digital
divide, such as digital literacy, device programming, digital navigators,
workforce and economic development.




                                                                       13
BEAD Program
The BEAD Program provides federal funding for grants to states for broadband planning, deployment,
mapping, adoption and use activities. With this funding, Florida will serve every remaining unserved
and underserved location in the state.




                                                                                                14
States with a BEAD Workforce Plan Map




                                        15
BEAD Non-Deployment Overview
❑Workforce development, digital literacy and cybersecurity training
 investments
   ❑$110 million in BEAD funding for workforce development
   ❑$30 million for digital literacy and cybersecurity
   ❑$70 million through separate Digital Capacity Grant Program for digital literacy,
    economic and workforce development and digital device programs
❑Curriculum Frameworks
❑Working with industry
❑Application early 2025


                                                                                 16
How to utilize training funding?
❑Apprenticeship and pre-apprenticeship programs
❑On-the-job training programs
❑Credentialing and certificate programs
❑Training equipment purchasing
❑Tuition cost
❑Instructor recruitment and training


                                                  17
Fiber Technician Training Plan




                                 18
Fiber Technician Curriculum Framework
TCN 1xxx - Telecommunications Fundamentals
3 Credits - 115 hours
TCN 1xxx - Network Cabling and Installation
3 Credits - 115 hours
Aligned Certification: CompTIA Network+

TCN 1xxx - Fiber Optics and Splicing Techniques
3 Credits - 115 hours
Aligned Certification: Fiber Optics Association's Fiber Optics Installer (FOI)

TCN 2xxx - Advanced Telecommunications Systems
3 Credits - 115 hours
Aligned Certification: Fiber Optics Association's Fiber Optics Technician (FOT)

                                                                                  19
Role of Educational Institutions
❑Deploy trusted curriculum frameworks
❑Private Industry feedback
❑Job-seeker confidence
❑Increased capacity for new demand
❑K-12 participation




                                        20
Role of Workforce Boards
❑Digital Literacy Training Efforts
❑Workforce Development and
 Standardization
❑Industry and Education Relationships
❑Job-seeker referrals




                                        21
Role of Community Action Agencies
❑Community Service Block Grant (CSBG) Program
  ❑Local Workforce Board Partnerships
❑New opportunities for community
❑Wraparound services
❑Strong community presence
  ❑Referrals




                                                22
Timeline and Next Steps




                          23
Contacts

If you have questions or comments about this presentation,
please contact us or visit www.FloridaJobs.org/Broadband


        Justin Domer, Deputy Secretary, Division of Community Development
        Email: Justin.Domer@Commerce.fl.gov

        Leo Garcia, Director, Office of Broadband
        Email: Leo.Garcia@Commerce.fl.gov

        Stephen Marante, Director, Legislative and Cabinet Affairs
        Email: Stephen.Marante@commerce.fl.gov

                                                                            24
                                                        The Florida Senate
                     BILL ANALYSIS AND FISCAL IMPACT STATEMENT
                (This document is based on the provisions contained in the legislation as of the latest date listed below.)

                    Prepared By: The Professional Staff of the Committee on Commerce and Tourism

BILL:              SB 232
INTRODUCER:        Senator Rodriguez
SUBJECT:           Debt Collection
DATE:              February 10, 2025              REVISED:


           ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Dike                               McKay                                 CM              Pre-meeting
2.                                                                          BI
3.                                                                          RC



    I.    Summary:

          SB 232 revises the Florida Consumer Collection Practices Act (FCCPA) to clarify that consumer
          debt collectors may not communicate with a debtor via telephone call between the hours of 9
          p.m. and 8 a.m. The bill also incorporates and reenacts other, related statutes which would be
          affected by this change in law.

          The bill takes effect July 1, 2025.

    II.   Present Situation:

          The Florida Consumer Collection Practices Act

          The FCCPA1 prohibits certain practices by any person when attempting to collect on a debt.2
          This law is the counterpart to the federal Fair Debt Collection Practices Act (FDCPA) with the
          purpose of eliminating “abusive and harassing tactics in the collection of debts.”3 When
          collecting consumer debts,4 collectors are not allowed to use or threaten violence,5 use profane or

1
  Sections 559.55-559.785, F.S.
2
  “Debt collector” means any person who uses any instrumentality of commerce within this state, whether initiated from
within or outside this state, in any business the principal purpose of which is the collection of debts, or who regularly collects
or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. The term “debt
collector” includes any creditor who, in the process of collecting her or his own debts, uses any name other than her or his
own which would indicate that a third person is collecting or attempting to collect such debts. Section 559.55(7), F.S.
3
  The Consumer Prot. Law Comm. of the Florida Bar, The Consumer Law Bench Book, p. 46, available at
https://www.floridabar.org/about/cmtes/cmte-cm410/cplc-bench-manual/ (last visited Feb. 10, 2025).
4
  “Debt” or “consumer debt” means any obligation or alleged obligation of a consumer to pay money arising out of a
transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for
personal, family, or household purposes, whether or not such obligation has been reduced to judgement. Section 559.55(6),
F.S.
5
  Section 559.72(2), F.S.
BILL: SB 232                                                                                                            Page 2

         vulgar language,6 or attempt to enforce an illegitimate debt.7 Among the list of prohibited
         practices, a collector is not allowed to “communicate with the debtor between the hours of 9 p.m.
         and 8 a.m. in the debtor’s time zone without the prior consent of the debtor.”8 The current
         version of the statute does not specify what type of communication is prohibited between these
         hours.

         A debtor9 may bring a civil action against a consumer collection agency10 or any person
         attempting to collect on a debt in a manner prohibited by law within two years of the date the
         alleged violation occurred.11 The debtor may file such action “in the county in which the alleged
         violator resides or has his or her principal place of business or in the county where the alleged
         violation occurred.”12 If a collector does not comply with the provisions of s. 559.72, F.S., they
         are liable for actual and statutory damages up to $1000, court costs and attorney’s fees that are
         incurred by the plaintiff,13 and punitive damages or other equitable relief the court finds
         necessary or proper.14

         The Fair Debt Collection Practices Act

         The federal Fair Debt Collection Practices Act (FDCPA) (15 USC 1692 et seq.), which became
         effective in March 1978, was designed to eliminate abusive, deceptive, and unfair debt collection
         practices.15 Pursuant to 12 CFR s. 1006.06(b)(1)(i), with certain exceptions (prior consent, or
         permission by a court), a debt collector must not communicate or attempt to communicate with a
         consumer in connection with the collection of any debt at any unusual time, or at a time that the
         debt collector knows or should know is inconvenient to the consumer. In the absence of the debt
         collector's knowledge of circumstances to the contrary, a time before 8:00 a.m. and after 9:00
         p.m. local time at the consumer's location is inconvenient. Email and text communications16 are
         permitted, but the consumer must be offered a reasonable and simple method for opting out.17



6
  Section 559.72(8), F.S.
7
  Section 559.72(9), F.S.
8
  Section 559.72(17), F.S.
9
  “Debtor” or “consumer” means any natural person obligated or allegedly obligated to pay any debt. Section 559.55(8), F.S.
10
   “Consumer collection agency” means any debt collector or business entity engaged in the business of soliciting consumer
debts for collection or of collecting consumer debts, which debt collector or business is not expressly exempted as set forth in
s. 559.553(3). Section 559.55(3), F.S.
11
   Section 559.77(4), F.S.
12
   Section 559.77(1), F.S.
13
   Section 559.77(2), F.S.
14
   Id.
15
   The Fed. Rsrv., Consumer Compliance Handbook, available at
https://www.federalreserve.gov/boarddocs/supmanual/cch/fairdebt.pdf, (last visited Feb. 10, 2025).
16
   According to a recent news release, email communications are used by 74% of debt collectors, and use of text messaging
grew by 5% between 2023 and 2024. TransUnion, More Than Half of Debt Collection Companies Saw Increased Volume of
Accounts in Past 12 Months, available at https://newsroom.transunion.com/more-than-half-of-debt-collection-companies-
saw-increased-volume-of-accounts-in-past-12-
months/#:~:text=Use%20of%20text%2FSMS%20messaging,engage%20consumers%20regarding%20a%20debt, (last visited
Feb 10, 2025).
17
   The Consumer Fin. Prot. Bureau, What laws limit what debt collectors can say or do?, available at
https://www.consumerfinance.gov/ask-cfpb/what-laws-limit-what-debt-collectors-can-say-or-do-en-329/, (last visited Feb.
10, 2025).
BILL: SB 232                                                                                                    Page 3

        Recent Litigation

        The U.S. District Court for the Southern District of Florida recently interpreted what it means to
        “communicate with” a consumer under the FCCPA.18 In this case, plaintiff sued a debt collector
        for sending her an e-mail at 8:23 p.m. which was delivered to her at 10:14 p.m. and which she
        did not open or read until 11:44 a.m. the next day.19 Plaintiff argued that this constituted a
        communication in violation of s. 559.72(17), F.S.20 Without legal precedent on point, the court
        determined that “no e-mail communication “with” the customer takes place until the consumer
        reads the message, or at least receives it.”21 Under this interpretation, the court found that the
        debt collector did not communicate with plaintiff until 11:44 a.m. because that was when she
        read the message, and as such, defendant’s motion for summary judgment was granted.22

        As this case was one of first impression, there is a chance that Florida courts or other federal
        district courts could deviate from this interpretation. Moreover, this interpretation diverges from
        the Consumer Financial Protection Bureau’s interpretation of what it means to “communicate
        with” a debtor under the FDCPA.23 Without statutory clarification, Florida courts are open to
        litigation over debt collection e-mails received and read after 9 p.m. and before 8 a.m.

III.    Effect of Proposed Changes:

        Prohibited Practices for Debt Collection

        Section 1 amends s. 559.72, F.S., specifying that a consumer debt collector may not
        communicate with a debtor by telephone call between the hours of 9 p.m. and 8 a.m. This
        requirement narrows the type of communication that is prohibited under the statute at night from
        any communication to only communications by telephone call. Therefore, a debtor would not
        have a cause of action against a collector for receiving e-mails, letters, or other non-telephone
        communications after 9 p.m.

        Incorporating Related Statutes

        Sections 2-6 reenact ss. 559.565, 559.725, 559.77, 648.44, and 817.7001, F.S., respectively, for
        the purpose of incorporating the amendments to s. 559.72, F.S., in section 1 of the bill.

        Effective Date

        Section 7 provides an effective date of July 1, 2025.




18
   Quinn-Davis v. TrueAccord Corp., Case No. 1:23-cv-23590-LEIBOWITZ/REID (S.D. Fla. Nov. 20, 2024).
19
   Id. at 2.
20
   Id.
21
   Id.
22
   Id. at 14.
23
   Id. at 8 (“The CFPB interprets “communicate with” under the FDCPA to mean that a debt collector communicates with a
customer when the debt collector “sends” an electronic communication.”).
 BILL: SB 232                                                                                       Page 4

 IV.    Constitutional Issues:

        A.      Municipality/County Mandates Restrictions:

                None.

        B.      Public Records/Open Meetings Issues:

                None.

        C.      Trust Funds Restrictions:

                None.

        D.      State Tax or Fee Increases:

                None.

        E.      Other Constitutional Issues:

                None identified.

  V.    Fiscal Impact Statement:

        A.      Tax/Fee Issues:

                None.

        B.      Private Sector Impact:

                None.

        C.      Government Sector Impact:

                None.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        None.

VIII.   Statutes Affected:

        This bill substantially amends s. 559.72, F.S.

        For the purpose of incorporating the amendments to s. 559.72, F.S., the bill reenacts the
        following sections: 559.72, 559.565, 559.725, 559.77, 648.44, 817.7001.
BILL: SB 232                                                                                                                         Page 5

IX.   Additional Information:

      A.        Committee Substitute – Statement of Changes:
                (Summarizing differences between the Committee Substitute and the prior version of the bill.)

                None.

      B.        Amendments:

                None.

        This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
     Florida Senate - 2025                         COMMITTEE AMENDMENT          Florida Senate - 2025                         COMMITTEE AMENDMENT
     Bill No. SB 232                                                            Bill No. SB 232




                             Ì109918JÎ109918                                                            Ì109918JÎ109918


                             LEGISLATIVE ACTION                            11   representative of any governmental agency.
             Senate                     .                   House          12       (2) Use or threaten force or violence.
                                        .                                  13       (3) Tell a debtor who disputes a consumer debt that she or
                                        .                                  14   he or any person employing her or him will disclose to another,
                                        .                                  15   orally or in writing, directly or indirectly, information
                                        .                                  16   affecting the debtor’s reputation for credit worthiness without
                                        .                                  17   also informing the debtor that the existence of the dispute will
                                                                           18   also be disclosed as required by subsection (6).
                                                                           19       (4) Communicate or threaten to communicate with a debtor’s
                                                                           20   employer before obtaining final judgment against the debtor,
                                                                           21   unless the debtor gives her or his permission in writing to
                                                                           22   contact her or his employer or acknowledges in writing the
                                                                           23   existence of the debt after the debt has been placed for
                                                                           24   collection. However, this does not prohibit a debt collector
                                                                           25   person from telling the debtor that her or his employer will be
     The Committee on Commerce and Tourism (Rodriguez) recommended         26   contacted if a final judgment is obtained.
     the following:                                                        27       (5) Disclose to a person other than the debtor or her or
                                                                           28   his family information affecting the debtor’s reputation,
1        Senate Amendment (with title amendment)                           29   whether or not for credit worthiness, with knowledge or reason
2                                                                          30   to know that the other person does not have a legitimate
3        Delete everything after the enacting clause                       31   business need for the information or that the information is
4    and insert:                                                           32   false.
5        Section 1.   Section 559.72, Florida Statutes, is amended to      33       (6) Disclose information concerning the existence of a debt
6    read:                                                                 34   known to be reasonably disputed by the debtor without disclosing
7        559.72 Prohibited practices generally.—Unless otherwise           35   that fact. If a disclosure is made before such dispute has been
8    authorized by law, in collecting consumer debts, a debt               36   asserted and written notice is received from the debtor that any
9    collector may not no person shall:                                    37   part of the debt is disputed, and if such dispute is reasonable,
10       (1) Simulate in any manner a law enforcement officer or a         38   the debt collector person who made the original disclosure must
                                                                           39   reveal upon the request of the debtor within 30 days the details

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     Florida Senate - 2025                         COMMITTEE AMENDMENT          Florida Senate - 2025                         COMMITTEE AMENDMENT
     Bill No. SB 232                                                            Bill No. SB 232




                             Ì109918JÎ109918                                                            Ì109918JÎ109918


40   of the dispute to each person to whom disclosure of the debt          69       (14) Publish or post, threaten to publish or post, or cause
41   without notice of the dispute was made within the preceding 90        70   to be published or posted before the general public individual
42   days.                                                                 71   names or any list of names of debtors, commonly known as a
43       (7) Willfully communicate with the debtor or any member of        72   deadbeat list, for the purpose of enforcing or attempting to
44   her or his family with such frequency as can reasonably be            73   enforce collection of consumer debts.
45   expected to harass the debtor or her or his family, or willfully      74       (15) Refuse to provide adequate identification of herself
46   engage in other conduct which can reasonably be expected to           75   or himself or her or his employer or other entity whom she or he
47   abuse or harass the debtor or any member of her or his family.        76   represents if requested to do so by a debtor from whom she or he
48       (8) Use profane, obscene, vulgar, or willfully abusive            77   is collecting or attempting to collect a consumer debt.
49   language in communicating with the debtor or any member of her        78       (16) Mail any communication to a debtor in an envelope or
50   or his family.                                                        79   postcard with words typed, written, or printed on the outside of
51       (9) Claim, attempt, or threaten to enforce a debt when such       80   the envelope or postcard calculated to embarrass the debtor. An
52   debt collector person knows that the debt is not legitimate, or       81   example of this would be an envelope addressed to “Deadbeat,
53   assert the existence of some other legal right to enforce the         82   Jane Doe” or “Deadbeat, John Doe.”
54   debt when such debt collector person knows that the right to          83       (17) Communicate with the debtor by telephone call between
55   such enforcement does not exist.                                      84   the hours of 9 p.m. and 8 a.m. in the debtor’s time zone without
56       (10) Use a communication that simulates in any manner legal       85   the prior consent of the debtor.
57   or judicial process or that gives the appearance of being             86       (a) The debt collector person may presume that the time a
58   authorized, issued, or approved by a government, governmental         87   telephone call is received conforms to the local time zone
59   agency, or attorney at law, when it is not.                           88   assigned to the area code of the number called, unless the debt
60       (11) Communicate with a debtor under the guise of an              89   collector person reasonably believes that the debtor’s telephone
61   attorney by using the stationery of an attorney or forms or           90   is located in a different time zone.
62   instruments that only attorneys are authorized to prepare.            91       (b) If, such as with toll-free numbers, an area code is not
63       (12) Orally communicate with a debtor in a manner that            92   assigned to a specific geographic area, the debt collector
64   gives the false impression or appearance that such debt               93   person may presume that the time a telephone call is received
65   collector person is or is associated with an attorney.                94   conforms to the local time zone of the debtor’s last known place
66       (13) Advertise or threaten to advertise for sale any debt         95   of residence, unless the debt collector person reasonably
67   as a means to enforce payment except under court order or when        96   believes that the debtor’s telephone is located in a different
68   acting as an assignee for the benefit of a creditor.                  97   time zone.

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      Florida Senate - 2025                         COMMITTEE AMENDMENT         Florida Senate - 2025                            COMMITTEE AMENDMENT
      Bill No. SB 232                                                           Bill No. SB 232




                              Ì109918JÎ109918                                                           Ì109918JÎ109918


98        (18) Communicate with a debtor, other than communicating        127       Section 3.   For the purpose of incorporating the amendment
99    purely for informational communications, regular billing            128   made by this act to section 559.72, Florida Statutes, in a
100   statements, or notices required by law, if the debt collector       129   reference thereto, subsection (2) of section 559.725, Florida
101   person knows that the debtor is represented by an attorney with     130   Statutes, is reenacted to read:
102   respect to such debt and has knowledge of, or can readily           131       559.725 Consumer complaints; administrative duties.—
103   ascertain, such attorney’s name and address, unless the debtor’s    132       (2) The office shall inform and furnish relevant
104   attorney fails to respond within 30 days to a communication from    133   information to the appropriate regulatory body of the state or
105   the debt collector person, unless the debtor’s attorney consents    134   the Federal Government, or The Florida Bar in the case of
106   to a direct communication with the debtor, or unless the debtor     135   attorneys, if a person has been named in a consumer complaint
107   initiates the communication.                                        136   pursuant to subsection (3) alleging violations of s. 559.72. The
108       (19) Cause a debtor to be charged for communications by         137   Attorney General may take action against any person in violation
109   concealing the true purpose of the communication, including         138   of this part.
110   collect telephone calls and telegram fees.                          139       Section 4.   For the purpose of incorporating the amendment
111       Section 2.   For the purpose of incorporating the amendment     140   made by this act to section 559.72, Florida Statutes, in
112   made by this act to section 559.72, Florida Statutes, in a          141   references thereto, subsections (1) and (2) of section 559.77,
113   reference thereto, subsection (2) of section 559.565, Florida       142   Florida Statutes, are reenacted to read:
114   Statutes, is reenacted to read:                                     143       559.77 Civil remedies.—
115       559.565 Enforcement action against out-of-state consumer        144       (1) A debtor may bring a civil action against a person
116   debt collector.—The remedies of this section are cumulative to      145   violating the provisions of s. 559.72 in the county in which the
117   other sanctions and enforcement provisions of this part for any     146   alleged violator resides or has his or her principal place of
118   violation by an out-of-state consumer debt collector, as defined    147   business or in the county where the alleged violation occurred.
119   in s. 559.55(11).                                                   148       (2) Any person who fails to comply with any provision of s.
120       (2) A person, whether or not exempt from registration under     149   559.72 is liable for actual damages and for additional statutory
121   this part, who violates s. 559.72 is subject to sanctions the       150   damages as the court may allow, but not exceeding $1,000,
122   same as any other consumer debt collector, including imposition     151   together with court costs and reasonable attorney’s fees
123   of an administrative fine. The registration of a duly registered    152   incurred by the plaintiff. In determining the defendant’s
124   out-of-state consumer debt collector is subject to revocation or    153   liability for any additional statutory damages, the court shall
125   suspension in the same manner as the registration of any other      154   consider the nature of the defendant’s noncompliance with s.
126   registrant under this part.                                         155   559.72, the frequency and persistence of the noncompliance, and

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      Florida Senate - 2025                         COMMITTEE AMENDMENT         Florida Senate - 2025                            COMMITTEE AMENDMENT
      Bill No. SB 232                                                           Bill No. SB 232




                              Ì109918JÎ109918                                                           Ì109918JÎ109918


156   the extent to which the noncompliance was intentional. In a         185       (b) “Credit service organization” does not include:
157   class action lawsuit brought under this section, the court may      186       1. Any person authorized to make loans or extensions of
158   award additional statutory damages of up to $1,000 for each         187   credit under the laws of this state or the United States who is
159   named plaintiff and an aggregate award of additional statutory      188   subject to regulation and supervision by this state or the
160   damages up to the lesser of $500,000 or 1 percent of the            189   United States or a lender approved by the United States
161   defendant’s net worth for all remaining class members; however,     190   Secretary of Housing and Urban Development for participation in
162   the aggregate award may not provide an individual class member      191   any mortgage insurance program under the National Housing Act;
163   with additional statutory damages in excess of $1,000. The court    192       2. Any bank, savings bank, or savings and loan association
164   may award punitive damages and may provide such equitable relief    193   whose deposits or accounts are eligible for insurance by the
165   as it deems necessary or proper, including enjoining the            194   Federal Deposit Insurance Corporation or the Federal Savings and
166   defendant from further violations of this part. If the court        195   Loan Insurance Corporation, or a subsidiary of such bank,
167   finds that the suit fails to raise a justiciable issue of law or    196   savings bank, or savings and loan association;
168   fact, the plaintiff is liable for court costs and reasonable        197       3. Any credit union, federal credit union, or out-of-state
169   attorney’s fees incurred by the defendant.                          198   credit union doing business in this state;
170       Section 5.   For the purpose of incorporating the amendment     199       4. Any nonprofit organization exempt from taxation under s.
171   made by this act to section 559.72, Florida Statutes, in a          200   501(c)(3) of the Internal Revenue Code;
172   reference thereto, paragraph (o) of subsection (1) of section       201       5. Any person licensed as a real estate broker by this
173   648.44, Florida Statutes, is reenacted to read:                     202   state if the person is acting within the course and scope of
174       648.44 Prohibitions; penalty.—                                  203   that license;
175       (1) A bail bond agent or bail bond agency may not:              204       6. Any person collecting consumer claims pursuant to s.
176       (o) Attempt to collect, through threat or coercion, amounts     205   559.72;
177   due for the payment of any indebtedness related to the issuance     206       7. Any person licensed to practice law in this state if the
178   of a bail bond in violation of s. 559.72.                           207   person renders services within the course and scope of his or
179       Section 6.   For the purpose of incorporating the amendment     208   her practice as an attorney and does not engage in the credit
180   made by this act to section 559.72, Florida Statutes, in a          209   service business on a regular and continuing basis;
181   reference thereto, paragraph (b) of subsection (2) of section       210       8. Any broker-dealer registered with the Securities and
182   817.7001, Florida Statutes, is reenacted to read:                   211   Exchange Commission or the Commodity Futures Trading Commission
183       817.7001 Definitions.—As used in this part:                     212   if the broker-dealer is acting within the course and scope of
184       (2)                                                             213   that regulation; or

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      Florida Senate - 2025                           COMMITTEE AMENDMENT
      Bill No. SB 232




                                Ì109918JÎ109918


214       9. Any consumer reporting agency as defined in the Federal
215   Fair Credit Reporting Act, 15 U.S.C. ss. 1681-1681t.
216       Section 7.   This act shall take effect upon becoming a law.
217
218   ================= T I T L E    A M E N D M E N T ================
219   And the title is amended as follows:
220       Delete everything before the enacting clause
221   and insert:
222                           A bill to be entitled
223       An act relating to debt collection; amending s.
224       559.72, F.S.; revising prohibited practices for a debt
225       collector attempting to collect consumer debt; making
226       technical changes; reenacting ss. 559.565(2),
227       559.725(2), 559.77(1) and (2), 648.44(1)(o), and
228       817.7001(2)(b), F.S., relating to enforcement action
229       against out-of-state consumer debt collector, consumer
230       complaints and administrative duties, civil remedies,
231       prohibitions and penalties, and definitions,
232       respectively, to incorporate the amendment made to s.
233       559.72, F.S., in references thereto; providing an
234       effective date.
235
236       WHEREAS, the Legislature finds that technical changes to s.
237   559.72, Florida Statutes, are necessary to clarify that existing
238   law prohibiting communication between a debtor and a debt
239   collector between the hours of 9 p.m. and 8 a.m. applies only to
240   telephone calls, NOW, THEREFORE,




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      Florida Senate - 2025                                         SB 232         Florida Senate - 2025                                         SB 232



      By Senator Rodriguez




      40-00388-25                                              2025232__           40-00388-25                                                2025232__
1                             A bill to be entitled                          30    also be disclosed as required by subsection (6).
2          An act relating to debt collection; amending s.                   31         (4) Communicate or threaten to communicate with a debtor’s
3          559.72, F.S.; revising prohibited practices for a                 32    employer before obtaining final judgment against the debtor,
4          person attempting to collect consumer debt; making a              33    unless the debtor gives her or his permission in writing to
5          technical change; reenacting ss. 559.565(2),                      34    contact her or his employer or acknowledges in writing the
6          559.725(2), 559.77(1) and (2), 648.44(1)(o), and                  35    existence of the debt after the debt has been placed for
7          817.7001(2)(b), F.S., relating to enforcement action              36    collection. However, this does not prohibit a person from
8          against out-of-state consumer debt collector, consumer            37    telling the debtor that her or his employer will be contacted if
9          complaints and administrative duties, civil remedies,             38    a final judgment is obtained.
10         prohibitions and penalties, and definitions,                      39         (5) Disclose to a person other than the debtor or her or
11         respectively, to incorporate the amendment made to s.             40    his family information affecting the debtor’s reputation,
12         559.72, F.S., in references thereto; providing an                 41    whether or not for credit worthiness, with knowledge or reason
13         effective date.                                                   42    to know that the other person does not have a legitimate
14                                                                           43    business need for the information or that the information is
15    Be It Enacted by the Legislature of the State of Florida:              44    false.
16                                                                           45         (6) Disclose information concerning the existence of a debt
17         Section 1.   Section 559.72, Florida Statutes, is amended to      46    known to be reasonably disputed by the debtor without disclosing
18    read:                                                                  47    that fact. If a disclosure is made before such dispute has been
19         559.72 Prohibited practices generally.—Unless otherwise           48    asserted and written notice is received from the debtor that any
20    authorized by law, in collecting consumer debts, a no person may       49    part of the debt is disputed, and if such dispute is reasonable,
21    not shall:                                                             50    the person who made the original disclosure must reveal upon the
22         (1) Simulate in any manner a law enforcement officer or a         51    request of the debtor within 30 days the details of the dispute
23    representative of any governmental agency.                             52    to each person to whom disclosure of the debt without notice of
24         (2) Use or threaten force or violence.                            53    the dispute was made within the preceding 90 days.
25         (3) Tell a debtor who disputes a consumer debt that she or        54         (7) Willfully communicate with the debtor or any member of
26    he or any person employing her or him will disclose to another,        55    her or his family with such frequency as can reasonably be
27    orally or in writing, directly or indirectly, information              56    expected to harass the debtor or her or his family, or willfully
28    affecting the debtor’s reputation for credit worthiness without        57    engage in other conduct which can reasonably be expected to
29    also informing the debtor that the existence of the dispute will       58    abuse or harass the debtor or any member of her or his family.

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      Florida Senate - 2025                                         SB 232          Florida Senate - 2025                                         SB 232




      40-00388-25                                               2025232__           40-00388-25                                              2025232__
59         (8) Use profane, obscene, vulgar, or willfully abusive            88          (16) Mail any communication to a debtor in an envelope or
60    language in communicating with the debtor or any member of her         89     postcard with words typed, written, or printed on the outside of
61    or his family.                                                         90     the envelope or postcard calculated to embarrass the debtor. An
62         (9) Claim, attempt, or threaten to enforce a debt when such       91     example of this would be an envelope addressed to “Deadbeat,
63    person knows that the debt is not legitimate, or assert the            92     Jane Doe” or “Deadbeat, John Doe.”
64    existence of some other legal right when such person knows that        93          (17) Communicate with the debtor by telephone call between
65    the right does not exist.                                              94     the hours of 9 p.m. and 8 a.m. in the debtor’s time zone without
66         (10) Use a communication that simulates in any manner legal       95     the prior consent of the debtor.
67    or judicial process or that gives the appearance of being              96          (a) The person may presume that the time a telephone call
68    authorized, issued, or approved by a government, governmental          97     is received conforms to the local time zone assigned to the area
69    agency, or attorney at law, when it is not.                            98     code of the number called, unless the person reasonably believes
70         (11) Communicate with a debtor under the guise of an              99     that the debtor’s telephone is located in a different time zone.
71    attorney by using the stationery of an attorney or forms or            100         (b) If, such as with toll-free numbers, an area code is not
72    instruments that only attorneys are authorized to prepare.             101    assigned to a specific geographic area, the person may presume
73         (12) Orally communicate with a debtor in a manner that            102    that the time a telephone call is received conforms to the local
74    gives the false impression or appearance that such person is or        103    time zone of the debtor’s last known place of residence, unless
75    is associated with an attorney.                                        104    the person reasonably believes that the debtor’s telephone is
76         (13) Advertise or threaten to advertise for sale any debt         105    located in a different time zone.
77    as a means to enforce payment except under court order or when         106         (18) Communicate with a debtor if the person knows that the
78    acting as an assignee for the benefit of a creditor.                   107    debtor is represented by an attorney with respect to such debt
79         (14) Publish or post, threaten to publish or post, or cause       108    and has knowledge of, or can readily ascertain, such attorney’s
80    to be published or posted before the general public individual         109    name and address, unless the debtor’s attorney fails to respond
81    names or any list of names of debtors, commonly known as a             110    within 30 days to a communication from the person, unless the
82    deadbeat list, for the purpose of enforcing or attempting to           111    debtor’s attorney consents to a direct communication with the
83    enforce collection of consumer debts.                                  112    debtor, or unless the debtor initiates the communication.
84         (15) Refuse to provide adequate identification of herself         113         (19) Cause a debtor to be charged for communications by
85    or himself or her or his employer or other entity whom she or he       114    concealing the true purpose of the communication, including
86    represents if requested to do so by a debtor from whom she or he       115    collect telephone calls and telegram fees.
87    is collecting or attempting to collect a consumer debt.                116         Section 2.   For the purpose of incorporating the amendment

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       Florida Senate - 2025                                        SB 232           Florida Senate - 2025                                         SB 232




       40-00388-25                                                2025232__          40-00388-25                                                2025232__
117    made by this act to section 559.72, Florida Statutes, in a             146    references thereto, subsections (1) and (2) of section 559.77,
118    reference thereto, subsection (2) of section 559.565, Florida          147    Florida Statutes, are reenacted to read:
119    Statutes, is reenacted to read:                                        148         559.77 Civil remedies.—
120         559.565 Enforcement action against out-of-state consumer          149         (1) A debtor may bring a civil action against a person
121    debt collector.—The remedies of this section are cumulative to         150    violating the provisions of s. 559.72 in the county in which the
122    other sanctions and enforcement provisions of this part for any        151    alleged violator resides or has his or her principal place of
123    violation by an out-of-state consumer debt collector, as defined       152    business or in the county where the alleged violation occurred.
124    in s. 559.55(11).                                                      153         (2) Any person who fails to comply with any provision of s.
125         (2) A person, whether or not exempt from registration under       154    559.72 is liable for actual damages and for additional statutory
126    this part, who violates s. 559.72 is subject to sanctions the          155    damages as the court may allow, but not exceeding $1,000,
127    same as any other consumer debt collector, including imposition        156    together with court costs and reasonable attorney’s fees
128    of an administrative fine. The registration of a duly registered       157    incurred by the plaintiff. In determining the defendant’s
129    out-of-state consumer debt collector is subject to revocation or       158    liability for any additional statutory damages, the court shall
130    suspension in the same manner as the registration of any other         159    consider the nature of the defendant’s noncompliance with s.
131    registrant under this part.                                            160    559.72, the frequency and persistence of the noncompliance, and
132         Section 3.   For the purpose of incorporating the amendment       161    the extent to which the noncompliance was intentional. In a
133    made by this act to section 559.72, Florida Statutes, in a             162    class action lawsuit brought under this section, the court may
134    reference thereto, subsection (2) of section 559.725, Florida          163    award additional statutory damages of up to $1,000 for each
135    Statutes, is reenacted to read:                                        164    named plaintiff and an aggregate award of additional statutory
136         559.725 Consumer complaints; administrative duties.—              165    damages up to the lesser of $500,000 or 1 percent of the
137         (2) The office shall inform and furnish relevant                  166    defendant’s net worth for all remaining class members; however,
138    information to the appropriate regulatory body of the state or         167    the aggregate award may not provide an individual class member
139    the Federal Government, or The Florida Bar in the case of              168    with additional statutory damages in excess of $1,000. The court
140    attorneys, if a person has been named in a consumer complaint          169    may award punitive damages and may provide such equitable relief
141    pursuant to subsection (3) alleging violations of s. 559.72. The       170    as it deems necessary or proper, including enjoining the
142    Attorney General may take action against any person in violation       171    defendant from further violations of this part. If the court
143    of this part.                                                          172    finds that the suit fails to raise a justiciable issue of law or
144         Section 4.   For the purpose of incorporating the amendment       173    fact, the plaintiff is liable for court costs and reasonable
145    made by this act to section 559.72, Florida Statutes, in               174    attorney’s fees incurred by the defendant.

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       Florida Senate - 2025                                        SB 232           Florida Senate - 2025                                        SB 232




       40-00388-25                                               2025232__           40-00388-25                                              2025232__
175         Section 5.   For the purpose of incorporating the amendment       204         4. Any nonprofit organization exempt from taxation under s.
176    made by this act to section 559.72, Florida Statutes, in a             205    501(c)(3) of the Internal Revenue Code;
177    reference thereto, paragraph (o) of subsection (1) of section          206         5. Any person licensed as a real estate broker by this
178    648.44, Florida Statutes, is reenacted to read:                        207    state if the person is acting within the course and scope of
179         648.44 Prohibitions; penalty.—                                    208    that license;
180         (1) A bail bond agent or bail bond agency may not:                209         6. Any person collecting consumer claims pursuant to s.
181         (o) Attempt to collect, through threat or coercion, amounts       210    559.72;
182    due for the payment of any indebtedness related to the issuance        211         7. Any person licensed to practice law in this state if the
183    of a bail bond in violation of s. 559.72.                              212    person renders services within the course and scope of his or
184         Section 6.   For the purpose of incorporating the amendment       213    her practice as an attorney and does not engage in the credit
185    made by this act to section 559.72, Florida Statutes, in a             214    service business on a regular and continuing basis;
186    reference thereto, paragraph (b) of subsection (2) of section          215         8. Any broker-dealer registered with the Securities and
187    817.7001, Florida Statutes, is reenacted to read:                      216    Exchange Commission or the Commodity Futures Trading Commission
188         817.7001 Definitions.—As used in this part:                       217    if the broker-dealer is acting within the course and scope of
189         (2)                                                               218    that regulation; or
190         (b) “Credit service organization” does not include:               219         9. Any consumer reporting agency as defined in the Federal
191         1. Any person authorized to make loans or extensions of           220    Fair Credit Reporting Act, 15 U.S.C. ss. 1681-1681t.
192    credit under the laws of this state or the United States who is        221         Section 7.   This act shall take effect July 1, 2025.
193    subject to regulation and supervision by this state or the
194    United States or a lender approved by the United States
195    Secretary of Housing and Urban Development for participation in
196    any mortgage insurance program under the National Housing Act;
197         2. Any bank, savings bank, or savings and loan association
198    whose deposits or accounts are eligible for insurance by the
199    Federal Deposit Insurance Corporation or the Federal Savings and
200    Loan Insurance Corporation, or a subsidiary of such bank,
201    savings bank, or savings and loan association;
202         3. Any credit union, federal credit union, or out-of-state
203    credit union doing business in this state;

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                                         The Florida Senate

                           Gommittee Agenda Request




To:            Senator Thomas Leek, Chair
               Committee on Commerce and Tourism

Subject: Committee Agenda Request
Date:          January 30,2025



I respectfully request that Senate Blill#232, relating to Debt Collection, be placed on the:

               committee agenda at your earliest possible convenience

        X      next committee agenda.




                                              Senator Ana Maria Rodriguez
                                              Florida Senate, District 40




File signed originalwith committee office                                               s-020 (03/2004)
                             CourtSmart Tag Report
Room: SB 110                Case No.:                             Type:
Caption: Senate Commerce Committee                                Judge:

Started:            2/11/2025 8:31:10 AM
Ends: 2/11/2025 8:56:55 AM Length: 00:25:46

8:31:09 AM   Chair Leek calls the meeting to order
8:31:11 AM   Roll call
8:31:16 AM   Quorum announced
8:33:27 AM   Chair with comments, SB 232 TP'd
8:33:36 AM   Presentation by Mr. Leo Garcia, Director, Office of Broadband
8:48:18 AM   Chair Leek with comments
8:49:19 AM   Questions
8:49:22 AM   Senator Davis
8:49:28 AM   Mr. Garcia
8:50:47 AM   Senator Davis
8:50:53 AM   Mr. Garcia
8:53:54 AM   Chair Leek with comments
8:53:58 AM   Questions
8:54:02 AM   Senator Wright
8:54:13 AM   Mr. Garcia
8:55:23 AM   Chair Leek
8:55:30 AM   Mr. Garcia
8:56:04 AM   Chair Leek
8:56:08 AM   Mr. Garcia
8:56:13 AM   Chair Leek with comments
8:56:36 AM   Senator Davis moves to adjourned
8:56:43 AM   Meeting adjourned


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