SB 1034 — Assignment of Consumer Debts
Last action — Died in Rules
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
36 added · 24 removed36 line(s) added, 24 removed.
Florida Senate - 2019 CS for CS for SB 1034 By the CommitteeCommittees on BankingJudiciary; and Insurance;
and SenatorBanking Grutersand 597-03481-19Insurance; 20191034c1 A bill to be entitled An act relating to assignment of consumer debts;
and Senator Gruters 590-04034-19 20191034c2 A bill to be entitled An act relating to assignment of consumer debts;
specifyingauthorizing thatan certainassignee communications,to disclosures,take andcertain paymentsactions dofor notdebts constitutethat anare action;in default;
revising when an assignee may bring an action to collect a debt;
specifying that such action is subject to certain requirements;
79 Be It Enacted by the Legislature of the State of Florida:
911 Section 1. Section 559.715, Florida Statutes, is amended to read:
559.715 Assignment of consumer debts.— (1) This(1) If a creditor assigns This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt.
However, the assignee must give the debtor written notice of such assignment as soon as practical after the assignment is made,made. but at least 30 days before any action to collect the debt.
ForIf the purposedebt ofis thisin subsection,default, the termwritten “action”notice doesof notsuch includeassignment amust communicationbe ormade, disclosurebut requiredat byleast law30 anddays doesbefore notthe includeassignee takes any communicationaction orto paymentcollect initiated by the debtor.debt.
(2) TheNotwithstanding assigneesuch is30-day aperiod, realfor party in interest and may bring an action to collect a debt that hasis beenin assigneddefault, to the assignee andmay: is in default.
(a) Provide the disclosure required by 15 U.S.C.
s.
1692e(11).
(b) Provide the notice required by 15 U.S.C.
s.
1692g.
(c) Communicate with the debtor so long as the debtor initiates the communication.
(d) Accept payment from the debtor so long as the debtor initiates the payment.
(2) The assignee is a real party in interest and may bring an action in a court of competent jurisdiction to collect a debt that has been assigned to the assignee and is in default.
Such action is subject to the 30-day period specified in subsection (1).
View plain text versions (3)
- S 1034 c2 View text html
- S 1034 c1 View text Current html
- Introduced S 1034 Filed html
Action History
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Died in Rules
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Indefinitely postponed and withdrawn from consideration
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CS/CS by Judiciary read 1st time
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Now in Rules
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS/CS by Judiciary; YEAS 6 NAYS 0
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On Committee agenda-- Judiciary, 04/08/19, 4:00 pm, 110 Senate Building
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CS by Banking and Insurance read 1st time
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Now in Judiciary
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS by Banking and Insurance; YEAS 8 NAYS 0
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On Committee agenda-- Banking and Insurance, 03/25/19, 4:00 pm, 412 Knott Building
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On Committee agenda-- Banking and Insurance, 03/18/19, 4:00 pm, 412 Knott Building --Not Considered
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Introduced
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Referred to Banking and Insurance; Judiciary; Rules
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Filed
Sponsors
- Joe Gruters · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 163 not signed on
Sponsors (1)
- Gruters, Joe Republican
Co-sponsors (0)
None.
Not signed on (163)
163 members have not signed on to this bill.
Show all 163 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (6)
| Member | Party | Vote |
|---|---|---|
| Hutson | — | Yea |
| Baxley | — | Yea |
| Gibson | — | Yea |
| Stargel | — | Yea |
| Simmons | — | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Broxson | — | Yea |
| Taddeo | — | Yea |
| Thurston | — | Yea |
| Brandes | — | Yea |
| Lee | — | Yea |
| Perry | — | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Gruters, Joe | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 1034?
- SB 1034 is sponsored by Gruters, Joe (Republican).
- What is the current status of SB 1034?
- This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 1034?
- Track SB 1034 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 2 months ago · updated continuously
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