SB 232 — Debt Collection

Florida Senate - 2025 CS for CS for SB 232 By the CommitteesCommittee on BankingCommerce and Insurance;Tourism;

and CommerceSenator andRodriguez Tourism;577-02090-25 2025232c1 A bill to be entitled An act relating to debt collection;

and Senator Rodriguez 597-03073-25 2025232c2 A bill to be entitled An act relating to debt collection;

WHEREAS,Be It Enacted by the Legislature acknowledgesof thatthe s.State of Florida:

559.72(17), Florida Statutes, was adopted before e-mail communication became commonly used, and that the only specific communication explicitly contemplated in such subsection is telephone calls, and WHEREAS, the Legislature intends to update and clarify prohibited practices in collecting debt to address e-mail communication by excluding such communication from prohibited contact between the hours of 9:00 p.m.

and 8:00 a.m.

because such contact is less invasive and less disruptive than telephone calls, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida:

Section 559.72, Florida Statutes, is amended to Pageread: 1 of 9 CODING:

Words559.72 strickenProhibited arepractices deletions;generally.—Unless otherwise authorized by law, in collecting consumer debts, a no person may not shall:

words underlined are additions.

Florida Senate - 2025 CS for CS for SB 232 597-03073-25 2025232c2 read:

559.72 Prohibited practices generally.—In collecting consumer debts, a no person may not shall:

(3) Tell a debtor who disputes a consumer debt that she or he or any person employing her or him will disclose to another, orally or in writing, directly or indirectly, information affecting the debtor’s reputation for credit worthiness without also informing the debtor that the existence of the dispute will alsoPage be1 disclosedof as8 requiredCODING: by subsection (6).

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 232 577-02090-25 2025232c1 also be disclosed as required by subsection (6).

If a disclosure is made before such dispute has been Pageasserted 2and written notice is received from the debtor that any part of 9the CODING:debt is disputed, and if such dispute is reasonable, the person who made the original disclosure must reveal upon the request of the debtor within 30 days the details of the dispute to each person to whom disclosure of the debt without notice of the dispute was made within the preceding 90 days.

(7) Willfully communicate with the debtor or any member of her or his family with such frequency as can reasonably be expected to harass the debtor or her or his family, or willfully engage in other conduct which can reasonably be expected to abuse or harass the debtor or any member of her or his family.

Page 2 of 8 CODING:

Florida Senate - 2025 CS for CS for SB 232 597-03073-25577-02090-25 2025232c22025232c1 asserted(8) andUse writtenprofane, noticeobscene, isvulgar, receivedor fromwillfully theabusive debtorlanguage thatin anycommunicating partwith of the debt is disputed, and if such dispute is reasonable, the person who made the original disclosure must reveal upon the request of the debtor withinor 30any daysmember the details of theher disputeor tohis eachfamily. person to whom disclosure of the debt without notice of the dispute was made within the preceding 90 days.

(7) Willfully communicate with the debtor or any member of her or his family with such frequency as can reasonably be expected to harass the debtor or her or his family, or willfully engage in other conduct which can reasonably be expected to abuse or harass the debtor or any member of her or his family.

(8) Use profane, obscene, vulgar, or willfully abusive language in communicating with the debtor or any member of her or his family.

(13) Advertise or threaten to advertise for sale any debt Pageas 3a means to enforce payment except under court order or when acting as an assignee for the benefit of 9a CODING:creditor.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for CS for SB 232 597-03073-25 2025232c2 as a means to enforce payment except under court order or when acting as an assignee for the benefit of a creditor.

(16)Page Mail3 any communication to a debtor in an envelope or postcard with words typed, written, or printed on the outside of the8 envelopeCODING: or postcard calculated to embarrass the debtor.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 232 577-02090-25 2025232c1 (16) Mail any communication to a debtor in an envelope or postcard with words typed, written, or printed on the outside of the envelope or postcard calculated to embarrass the debtor.

This subsection does not apply to an e- mail communication that is sent to an e-mail address and thatwhich otherwise complies with this section.

(b) If, such as with toll-free numbers, an area code is not assigned to a specific geographic area, the person may presume that the time a telephone call is received conforms to the local time zone of the debtor’s last known place of residence, unless Pagethe 4person ofreasonably 9believes CODING:that the debtor’s telephone is located in a different time zone.

(18) Communicate with a debtor if the person knows that the debtor is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the debtor’s attorney fails to respond within 30 days to a communication from the person, unless the debtor’s attorney consents to a direct communication with the debtor, or unless the debtor initiates the communication.

(19) Cause a debtor to be charged for communications by concealing the true purpose of the communication, including Page 4 of 8 CODING:

Florida Senate - 2025 CS for CS for SB 232 597-03073-25577-02090-25 2025232c22025232c1 thecollect person reasonably believes that the debtor’s telephone iscalls locatedand intelegram afees. different time zone.

(18) Communicate with a debtor if the person knows that the debtor is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the debtor’s attorney fails to respond within 30 days to a communication from the person, unless the debtor’s attorney consents to a direct communication with the debtor, or unless the debtor initiates the communication.

(19) Cause a debtor to be charged for communications by concealing the true purpose of the communication, including collect telephone calls and telegram fees.

For the purpose of incorporating the amendment Pagemade 5by this act to section 559.72, Florida Statutes, in a reference thereto, subsection (2) of 9section CODING:559.725, Florida Statutes, is reenacted to read:

Words stricken are deletions;

words underlined are additions.