The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 559
REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY

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F.S. 559.555

559.555 Registration of consumer collection agencies; procedure.—

(1) A person who acts as a consumer collection agency must be registered in accordance with this section.

(2) In order to apply for a consumer collection agency registration, an applicant must:

(a) Submit a completed application form as prescribed by rule of the commission.

(b) Submit a nonrefundable application fee of $200. Application fees may not be prorated for partial years of registration.

1. The fingerprints may be submitted through a third-party vendor authorized by the Department of Law Enforcement to provide live-scan fingerprinting.

2. A state criminal history background check must be conducted through the Department of Law Enforcement, and a national criminal history background check must be conducted through the Federal Bureau of Investigation.

3. All fingerprints submitted to the Department of Law Enforcement must be submitted electronically and entered into the statewide automated biometric identification system established in s. 943.05(2)(b) and available for use in accordance with s. 943.05(2)(g) and (h). The office shall pay an annual fee to the Department of Law Enforcement to participate in the system and inform the Department of Law Enforcement of any person whose fingerprints are no longer required to be retained.

4. The costs of fingerprint processing, including the cost of retaining the fingerprints, shall be borne by the person subject to the background check.

5. The office is responsible for reviewing the results of the state and national criminal history background checks and determining whether the applicant meets registration requirements.

(3) The office shall issue a consumer collection agency registration to each person who is not otherwise ineligible and who meets the requirements of this section. However, it is a ground for denial of registration if the applicant or one of the applicant’s control persons has committed any violation specified in this part, or is the subject of a pending felony criminal prosecution or a prosecution or an administrative enforcement action, in any jurisdiction, which involves fraud, dishonesty, breach of trust, money laundering, or any other act of moral turpitude.

(4) A registration issued under this part is not transferable or assignable.

(5) A consumer collection agency shall report, on a form prescribed by rule of the commission, any change in the information contained in an initial application form, or an amendment thereto, within 30 days after the change is effective.

(6) Renewal of registration shall be made between October 1 and December 31 of each year. There shall be no proration of the fee for any registration. In order to renew a consumer collection agency registration, a registrant must submit a nonrefundable renewal fee equal to the registration fee and a nonrefundable fee to cover the costs of further fingerprint processing and retention as set forth by commission rule.

History.—ss. 5, 13, ch. 93-275; s. 679, ch. 2003-261; s. 5, ch. 2014-116; s. 69, ch. 2016-10.

F.S. 559.555 on Google Scholar

F.S. 559.555 on Casetext

Amendments to 559.555

Arrestable Offenses / Crimes under Fla. Stat. 559.555

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 559.555.

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. TOWNSEND, v. GROUP, LLC,, 535 B.R. 415 (M.D. Fla. 2015)

. . . FDCPA because Defendant failed to register as a Florida consumer collection agency, as required by § 559.555 . . . Section 559.555, Florida Statutes, similarly states that “[a] person who acts as a consumer collection . . . Stat. § 559.555(1). . . .

WILLIAMS, v. EDUCATIONAL CREDIT MANAGEMENT CORPORATION, 88 F. Supp. 3d 1338 (M.D. Fla. 2015)

. . . FirstBank Florida, 779 F.Supp.2d 1354, 1357 n. 1 (S.D.Fla.2011) (noting that “Sections 559.553 and 559.555 . . .

COLLINS, v. ERIN CAPITAL MANAGEMENT, LLC,, 991 F. Supp. 2d 1195 (S.D. Fla. 2013)

. . . state shall register with the office and renew such registration annually as set forth in [section] 559.555 . . . “[t]he FCCPA requires consumer collection agencies to register as such in accordance with [section] 559.555 . . .

EKE, v. FIRSTBANK FLORIDA,, 779 F. Supp. 2d 1354 (S.D. Fla. 2011)

. . . Sections 559.553 and 559.555 of the Florida Statutes govern the practices of “debt collectors.” . . .

LeBLANC, v. UNIFUND CCR PARTNERS, ZB, 601 F.3d 1185 (11th Cir. 2010)

. . . collection agency ... without first registering in accordance with this part [Sections 559.553 and 559.555 . . . Stat. § 559.555 and subsequent pursuit of unauthorized debt collection activity is a misdemeanor criminal . . . The FCCPA requires consumer collection agencies to register as such in accordance with § 559.555 before . . . Stat. § 559.555(1) and (2). The registration must be renewed annually. Id. § 559.555(3). . . . Stat. § 559.555. . . . .

SANZ, v. FERNANDEZ, P. A. d b a LLC,, 633 F. Supp. 2d 1356 (S.D. Fla. 2009)

. . . to properly register to collect debts in the State of Florida” as required by sections 559.553 and 559.555 . . . Sections 559.553 and 559.555 of the Florida Statutes govern the practices of "debt collectors.” . . .

S. TRENT, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., 618 F. Supp. 2d 1356 (M.D. Fla. 2007)

. . . . § 559.555. (Id. at ¶¶ 26(a)-(f), 42, 43, 50, 56 & 59). . . .

L. CONNER, v. BCC FINANCIAL MANAGEMENT SERVICES, INC., 489 F. Supp. 2d 1358 (S.D. Fla. 2007)

. . . . § 559.555(2), which sets forth the procedure for registration of consumer collection agencies. . . . Stat. § 559.555, which requires, inter alia, that the registrant provide its current mailing address . . .

WELCH A. d b a v. FLORIDA WEST COAST, INC. d b a, 816 So. 2d 711 (Fla. Dist. Ct. App. 2002)

. . . this state shall register with the department and renew such registration annually as set forth in s. 559.555 . . . The procedure for registering is set forth in section 559.555, which provides: Any person required to . . .