Bill Text: FL S0590 | 2010 | Regular Session | Comm Sub

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Bill Title: Non-court-related Financial Obligations/Collection [EPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Finance and Tax [S0590 Detail]

Download: Florida-2010-S0590-Comm_Sub.html

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       Florida Senate - 2010                              CS for SB 590 
        
       By the Committee on Community Affairs; and Senator Crist 
       578-03128-10                                           2010590c1 
    1                        A bill to be entitled                       
    2         An act relating to the collection of non-court-related 
    3         financial obligations; creating s. 215.125, F.S.; 
    4         authorizing a board of county commissioners or the 
    5         governing body of a municipality to pursue or refer 
    6         the collection of any fees, service charges, fines, or 
    7         costs to which it is owed to a private attorney or 
    8         collection agent, if such referral is determined to be 
    9         cost-effective; authorizing the board of county 
   10         commissioners or the governing body of a municipality 
   11         to prescribe the applicable practices for collection; 
   12         providing that the collection fee paid to any attorney 
   13         or collection agent may be added to the balance owed, 
   14         which may not exceed a specified percentage of the 
   15         amount owed; providing an effective date. 
   16   
   17  Be It Enacted by the Legislature of the State of Florida: 
   18   
   19         Section 1. Section 215.125, Florida Statutes, is created to 
   20  read: 
   21         215.125 Collection of non-court-related financial 
   22  obligations.—The board of county commissioners or the governing 
   23  body of a municipality may pursue the collection of any fees, 
   24  service charges, fines, or costs to which it is entitled and 
   25  which remain unpaid for 90 days or more, or refer the account to 
   26  a private attorney who is a member in good standing with The 
   27  Florida Bar or a collection agent who is registered and in good 
   28  standing pursuant to chapter 559, if the governing body of the 
   29  county or municipality determines that it would be cost 
   30  effective to enter into such a contract. In pursuing the 
   31  collection of unpaid financial obligations through a private 
   32  attorney or collection agent, the board of county commissioners 
   33  or the governing body of a municipality may prescribe the 
   34  applicable procurement practices that must be followed by the 
   35  collection agent or private attorney. The collection fee, 
   36  including any reasonable attorney’s fee, paid to an attorney or 
   37  collection agent retained by the board of county commissioners 
   38  or the governing body of a municipality may be added to the 
   39  balance owed, but may not exceed 40 percent of the amount owed 
   40  at the time that the account is referred to the attorney or 
   41  agent for collection. 
   42         Section 2. This act shall take effect July 1, 2010.