Florida

Property Records Civil Court Records Criminal Court Records Collection Agency Laws & Licensing Requirements The State of Florida requires Consumer Collection Agencies and Commercial Collection Agencies to register with the Department Of Banking & Finance. The Agencies must annually renew their registration, and provide the state a registration fee, information, as well as proof of and/or a surety bond. The registration requirements, procedures & penalties for commercial collection agencies which fail to comply with the requirements in Part V, Chapter 559 of the Florida Statutes. Requirements for registration, procedures, enforcement action against violations, prohibited collection activities, consumer complaints, and both civil and criminal penalties against consumer collection agencies which fail to comply with these requirements listed in Part VI, Chapter 559 of the Florida Statutes You may obtain information about Collection Agency Licensing and Requirements from State of Florida - Office of Comptroller Department of Banking & Finance Tallahassee, FL. 32399 Controller’s Office: Licensing and Registration Registration of Consumer Collection Agencies Is Required & Exemptions. Florida Statutes PART VI (559.553) 1. After January 1, 1994, no person shall engage in business in this state as a consumer collection agency or continue to do business in this state as a consumer collection agency without first registering in accordance with this part, and thereafter maintaining a valid registration. 2. Each consumer collection agency doing business in this state shall register with the department and renew such registration annually as set forth in S. (559.555) 3. A prospective registrant shall be entitled to be registered when registration information is complete on its face and the applicable registration fee has been paid; however, the department may reject a registration submitted by a prospective registrant if the registrant or any principal of the registrant previously has held any professional license or state registration which was the subject of any suspension or revocation which has not been explained by the prospective registrant to the satisfaction of the department either in the registration information submitted initially or upon the subsequent written request of the department. In the event that an attempted registration is rejected by the department the prospective registrant shall be informed of the basis for rejection. 4. This section shall not apply to: (a) Any original creditor.   (b) Any member of The Florida Bar. (c) Any financial institution authorized to do business in this state and any wholly owned subsidiary and affiliate thereof. (d) Any licensed real estate broker. (e) Any insurance company authorized to do business in this state. (f) Any consumer finance company and any wholly owned subsidiary and affiliate thereof. (g) Any person licensed pursuant to chapter (520). (h) Any out-of-state consumer debt collector who does not solicit consumer debt accounts for collection from credit grantors who have a business presence in this state. (i) Any FDIC-insured institution or subsidiary or affiliate thereof. 5. Any out-of-state consumer debt collector as defined in (559.55(8)) who is not exempt from registration by application of subsection (4) and who fails to register in accordance with this part shall be subject to an enforcement action by the state as specified in (559.565) CONSUMER COLLECTION PRACTICES Definitions (559.55 and Criminal Penalty 559.785) LICENSING BY DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION: PART VII (559.79 and 559.791) Florida Consumer Collection Practices Act Florida collection agency law provides coverage for both commercial collection practices and consumer collection practices. The Florida Consumer Collection Practices Act generally adopts the federal Fair Debt Collection Practices Act and contains provisions which requires the registration of in state and out of state consumer collection agencies, a 30-days written notice to consumers of the assignment of consumer debt for collection purposes, and a state division to deal with consumer complaints. The act also provides administrative remedies, and civil and criminal penalties against violators. (559.55) This act prescribes the requirements and procedure for registration of a commercial collection agency in the State of Florida and sets forth the penalties for violators. (5) However, there are exceptions to the application for: (a) A member of The Florida Bar, unless such person is primarily engaged in the collection of commercial claims. (b) A financial institution authorized to do business in this state and any wholly owned subsidiary and affiliate thereof. (c)A licensed real estate broker. (d) A title insurance company authorized to do business in Florida. (e) A collection agency which is not primarily engaged in the collection of commercial claims. "Not primarily engaged in the collection of commercial claims" means that less than one-half of the collection revenue of such agency arises from the collection of commercial claims. (f) A consumer finance company and any wholly owned subsidiary and affiliate thereof. (g) A person licensed pursuant to chapter (520). (h) A credit grantor. (i) An out-of-state collector as defined in this part. (j) An FDIC-insured institution or subsidiary or affiliate thereof. Commercial Collections & Legislative Intent (559.542) The Legislature finds that commercial collection practices in this state are not governed by the federal and state laws relating to the collection of consumer claims and that current criminal laws are inadequate to deal with certain unlawful and fraudulent activities specifically involving the collection of commercial claims in this state. Under such circumstances, there have been in the past, and will be in the future unless the Legislature acts, persons who succeed in flaunting the criminal laws of this state while engaging in the business of collecting commercial claims. Therefore, the Legislature intends by this part to specifically regulate commercial collection activities, separate and apart from consumer collection activities, to prevent unlawful and fraudulent commercial collection activities that otherwise may go un-penalized. The Legislature seeks to do so by requiring the registration of persons and businesses engaged in soliciting the collection of commercial claims or in collecting commercial claims, by prohibiting collection activities in this state by unregistered persons, and by providing effective mechanisms for enforcement of this part. Part V COMMERCIAL COLLECTION PRACTICES (559.541-559.548) Attorney General Office Helps Consumers With Debt Collection Violations In Many Cases Attorney General - Active public consumer-related investigations Attorney General DEBT COLLECTIONS & CONSUMER Information. Attorney General -Protecting Yourself from Consumer Fraud Consumer Complaint Forms Online (Covers Many State Departments) Comptroller Banking Department Answers Questions About Collections Florida Attorney Bar Locate an Attorney who practices in Florida, State laws, and Links Locate an Attorney in Florida - Searchable Database Federal Laws: Florida follows the Federal Fair Debt Collection Practices Act The Federal Debt Collection Law is enforced by The Federal Trade Commission Summary: License Required to Solicit and/or Collect for in-state creditor. Some Regulations. There are exemptions for out of state collectors, they must register as an out-of-state collector(s) if: 1 - soliciting accounts; or 2 - if client (creditor; its affiliate or subsidiary) has an office in Florida. At consumer's request, details of disputed debt to be disclosed to persons informed of debt. Cannot collect for health care services covered by HMO's. Restrictions also apply to creditors. Credit and Collection Links For Florida LawDog State Credit and Collection Laws Laws about, Autos, Checks, Credit, Courts, Judgments, Secured Debts, UCC, Credit Terms and Use, Bankruptcy Courts, Collections and State Agencies/Organizations. Open Directory Project Links THIS IS FOR MY PERSONAL INFORMATIONAL PURPOSES ONLY. The information here may not be complete and it is not to be construed as legal advise or opinion. This Is Not A Complete List Of All The Laws Relating To These Subjects. The information provided is not to be considered legal advice, Always discuss matters relating to such and seek advise from your legal advisor or a legal professional. We do not Guarantee or Warranty any information contained in and/or linked to any of our web sites, and we assume no responsibility for the use of such. Please let us know of any incorrect information right away so we can investigate and correct any errors.

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