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
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“Meeting Packet, Committee on Commerce and Tourism, Florida Senate, February 11, 2025.”
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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
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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
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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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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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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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Bill No. SB 232 Bill No. SB 232
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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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By Senator Rodriguez
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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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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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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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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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