November 12, 2019
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_h7155__
HB 7155

1
A bill to be entitled
2An act relating to claims for collections due the state;
3amending s. 17.20, F.S.; providing that each agency is
4responsible for exercising due diligence in securing
5payment for all accounts receivable and other claims due
6the state; creating requirements for agencies for purposes
7of reporting delinquent accounts receivable; requiring
8agencies to report annually to the Legislature and Chief
9Financial Officer on accounts receivable and other claims
10due the state; requiring the Chief Financial Officer to
11report annually to the Governor and Legislature on claims
12for collections due the state; providing an effective
13date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 17.20, Florida Statutes, is amended to
18read:
19     17.20  Assignment of claims for collection.-
20     (1)  The Chief Financial Officer shall charge the state
21attorneys with the collection of all claims that are placed in
22their hands for collection of money or property for the state or
23any county or special district, or that it otherwise requires
24them to collect. The charges are evidence of indebtedness of a
25state attorney against whom any charge is made for the full
26amount of the claim, until the charges have been collected and
27paid into the treasury of the state or of the county or special
28district or the legal remedies of the state have been exhausted,
29or until the state attorney demonstrates to the Chief Financial
30Officer that the failure to collect the charges is not due to
31negligence and the Chief Financial Officer has made a proper
32entry of satisfaction of the charge against the state attorney.
33     (2)  The Chief Financial Officer may assign the collection
34of any claim to a collection agent or agents who are is
35registered and in good standing pursuant to chapter 559, if the
36Chief Financial Officer determines the assignation to be cost-
37effective. The Chief Financial Officer may pay an agent from any
38amount collected under the claim a fee that the Chief Financial
39Officer and the agent have agreed upon; may authorize the agent
40to deduct the fee from the amount collected; may require the
41appropriate state agency, county, or special district to pay the
42agent the fee from any amount collected by the agent on its
43behalf; or may authorize the agent or agents to add a the fee to
44the amount to be collected.
45     (3)  Each agency shall be responsible for exercising due
46diligence in securing full payment of all accounts receivable
47and other claims due the state.
48     (a)  No later than 120 days after the date on which the
49account or other claim was due and payable, unless another
50period is approved by the Chief Financial Officer, and after
51exhausting other lawful measures available to the agency, each
52agency shall report the delinquent accounts receivable as
53directed by the Chief Financial Officer to the appropriate
54collection agent for further action, excluding those agencies
55that collect delinquent accounts with independent statutory
56authority.
57     (b)  An agency that has delinquent accounts receivable,
58which the agency considers to be of a nature that assignment to
59a collection agency would be inappropriate, may request in
60writing for an exemption for those accounts. The request shall
61fully explain the nature of the delinquent accounts receivable
62and the reasons the agency believes such accounts would be
63precluded from being assigned to a collection agency. The Chief
64Financial Officer shall disapprove the request in writing unless
65the agency shows that a demonstrative harm to the state will
66occur as a result of assignment to a collection agency.
67     (c)  Agencies that have delinquent accounts receivable,
68which accounts are of such a nature that it would not be
69appropriate to transfer collection of those delinquent accounts
70to the Chief Financial Officer within 120 days after the date
71they are due and payable, may request in writing a different
72period of time for transfer of collection of such accounts. The
73request shall fully explain the nature of the delinquent
74accounts receivable and include a recommendation as to an
75appropriate period.
76     (4)  Beginning October 1, 2010, and each October 1
77thereafter, each agency shall submit a report to the President
78of the Senate, the Speaker of the House of Representatives, and
79the Chief Financial Officer that shall include:
80     (a)  A detailed list and total of all accounts that were
81referred for collection and the status of such accounts,
82including the date referred, any amounts collected, and the
83total that remains uncollected.
84     (b)  A list and total of all delinquent accounts that were
85not referred to a collection agency, the reasons for not
86referring those accounts, and the actions taken by the agency to
87collect.
88     (c)  A list of all accounts or claims, including a
89description and the total amount of each account or claim, that
90were written off or waived by the agency for any reason during
91the prior fiscal year, the reason for being written off, and
92whether any of those accounts continue to be pursued by a
93collection agent.
94     (5)  Beginning December 1, 2010, and each December 1
95thereafter, the Chief Financial Officer shall provide to the
96Governor, the President of the Senate, and the Speaker of the
97House of Representatives a report that details the following
98information for any contracted collection agent:
99     (a)  The amount of claims referred for collection by each
100agency, cumulatively and annually.
101     (b)  The number of accounts by age and amount.
102     (c)  A listing of those agencies that failed to report
103known claims to the Chief Financial Officer in a timely manner
104as prescribed in subsection (3).
105     (d)  The total amount of claims collected, cumulatively and
106annually.
107     (6)(3)  Notwithstanding any other provision of law, in any
108contract providing for the location or collection of unclaimed
109property, the Chief Financial Officer may authorize the
110contractor to deduct its fees and expenses for services provided
111under the contract from the unclaimed property that the
112contractor has recovered or collected under the contract. The
113Chief Financial Officer shall annually report to the Governor,
114President of the Senate, and the Speaker of the House of
115Representatives the total amount collected or recovered by each
116contractor during the previous fiscal year and the total fees
117and expenses deducted by each contractor.
118     Section 2.  This act shall take effect July 1, 2010.


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