HB 713 & SB 562- Relating to Consumer Debt Collection
On Monday, February 1st, SB 562, relating to Consumer Debt Collection, by Senator Kelli Stargel (R-Lakeland) was heard in front of the Senate Commerce and Tourism Committee and unanimously passed with 6 yeas and 0 nays. AIF’s General Counsel, Tammy Perdue, stood in support of this bill.
Also on Monday, February 1st, HB 713, relating to Consumer Debt Collection, by Rep. Kathleen Passidomo (R-Naples) was heard by the House Insurance & Banking Subcommittee and passed by a vote of 12 yeas to 0 nays. AIF stood in support of this bill.
SB 562 seeks to better define the parameters by which an attorney representing a debit or debtor must notify a creditor of their representation in order for that creditor to properly direct communications concerning the dead. For during today's committee, through the amendment process, there was some confusion as to whether the bill scope would be expanded. However, the amendments which were adopted, actually narrow the application of the bill to situations in which an attorney communicates the representation to the creditor.
View a complete copy of the bill as amended today, here.
The House companion, HB 713, contains provisions that invoked penalties and implications relative to Florida's deceptive and unfair trade practices act which cause some great concerns in the business community.
View a copy of the house version as amended today here.
The next stop for SB 562 will be in the Senate Fiscal Policy Committee.
HB 713 will head to its second committee stop in the House Judiciary Committee.
AIF supports legislation that eliminates a current scam against Florida’s employers while also protecting legitimate debt collection processes by companies.
HB 273- Relating to Public Records
On Tuesday, February 2nd, HB 273, relating to Public Records, by Rep. Halsey Beshears (R-Monticello) was heard on the Senate floor and substituted for its Senate companion bill, SB 390, by Senator Wilton Simpson (R-Trilby). HB 273 passed by a vote of 34 yeas to 1 nay.
This bill addresses the procedure for obtaining records relating to a public agency’s contract for services with a private contractor. As it stands today, the Florida Constitution provides every person the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or of persons acting on their behalf.
However, the issue of who the party responsible for providing these public records remains. If this bill becomes law, requests for records relating to a public agency’s contract for services must be made to the contracting agency. An agency who receives a request for records possessed by a contractor must then attempt to obtain the records from the contractor.
HB 273 also provides that if a civil action is filed to compel production of public records, the court must assess and award against the contractor the reasonable costs of enforcement, including attorney fees, if the court determines that a contractor unlawfully refused to comply with the public records request within a reasonable time, and the plaintiff provided written notice of the public records request to the public agency and the contractor. The notice must be sent at least 8 business days before the plaintiff files the civil action. The bill specifies that a contractor who complies with the public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement.
HB 273 will now go to the desk of Governor Scott to be signed into law.
AIF supports legislation that reduces frivolous law suits against Florida businesses.
