Florida — Consumer Collection Practices Act (FCCPA) + SOL

Authority

Florida Consumer Collection Practices Act, Fla. Stat. §§559.55–559.785 (Part VI of ch. 559). Prohibited practices (§559.72) apply to any person collecting a consumer debt — including original creditors. Consumer collection agencies must register with the Office of Financial Regulation (OFR) (§559.553); collecting unregistered is a first-degree misdemeanor (§559.785) and, for out-of-state collectors, draws administrative fines (§559.565). Civil remedies in §559.77 (actual damages + up to $1,000 statutory + fees). SOL: Fla. Stat. §95.11. Text pulled from flsenate.gov (official 2025 statutes) and laws.flrules.org (official Laws of Florida) on 2026-07-03.

Operative text

Scope — §559.72 lead-in ("any person" — covers creditors)

559.72 Prohibited practices generally.—In collecting consumer debts, a person may not: — Fla. Stat. §559.72 (lead-in)

Key prohibited practices — §559.72(7), (9), (17), (18)

(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. — Fla. Stat. §559.72(7)

(9) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that the right does not exist. — Fla. Stat. §559.72(9)

(17) Communicate with the debtor between the hours of 9 p.m. and 8 a.m. in the debtor's time zone without the prior consent of the debtor. This subsection does not apply to an e-mail communication that is sent to an e-mail address and that otherwise complies with this section. (a) The person may presume that the time a telephone call is received conforms to the local time zone assigned to the area code of the number called, unless the person reasonably believes that the debtor's telephone is located in a different time zone. (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 the person reasonably believes that the debtor's telephone is located in a different time zone. — Fla. Stat. §559.72(17), as amended by ch. 2025-23, Laws of Fla. (eff. May 16, 2025)

(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. — Fla. Stat. §559.72(18)

Call-time verdict: Florida's window is 8 a.m.–9 p.m. debtor's time zone — the same hours as FDCPA §1692c(a)(1)/Reg F, not stricter on the clock. It differs in structure: it is a flat prohibition absent prior consent (no "unusual circumstances known to the collector" convenient-time framework), it applies to creditors as well as collectors, and since May 16, 2025 e-mail is exempt from the night-time ban.

Registration with OFR — §559.553 + penalty §559.785

559.553 Registration of consumer collection agencies required; exemptions.— (1) A person may not 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 office and renew such registration annually as set forth in s. 559.555. (3) This section does not apply to: (a) An original creditor. (b) A member of The Florida Bar. (c) A financial institution authorized to do business in this state … (h) An 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) An FDIC-insured institution or subsidiary or affiliate thereof. (4) An out-of-state consumer debt collector as defined in s. 559.55(11) who is not exempt from registration by application of subsection (3) and who fails to register in accordance with this part shall be subject to an enforcement action by the state as specified in s. 559.565. — Fla. Stat. §559.553

559.785 Criminal penalty.—It shall be a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person not exempt from registering as provided in this part to engage in collecting consumer debts in this state without first registering with the office, or to register or attempt to register by means of fraud, misrepresentation, or concealment. — Fla. Stat. §559.785

Out-of-state collectors — §559.565

559.565 Enforcement action against out-of-state consumer debt collector.—The remedies of this section are cumulative to other sanctions and enforcement provisions of this part for any violation by an out-of-state consumer debt collector, as defined in s. 559.55(11). (1) An out-of-state consumer debt collector who collects or attempts to collect consumer debts in this state without first registering in accordance with this part is subject to an administrative fine of up to $10,000 together with reasonable attorney fees and court costs in any successful action by the state to collect such fines. (2) A person, whether or not exempt from registration under this part, who violates s. 559.72 is subject to sanctions the same as any other consumer debt collector, including imposition of an administrative fine. … (3) … the Attorney General is expressly authorized to initiate such action on behalf of the state as he or she deems appropriate in any state or federal court of competent jurisdiction. — Fla. Stat. §559.565 (history includes s. 2, ch. 2025-23 — reenactment to incorporate the §559.72 amendment)

Statute of limitations — §95.11

95.11 Limitations other than for the recovery of real property.—Actions other than for recovery of real property shall be commenced as follows: … (2) WITHIN FIVE YEARS.— … (b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of paragraph (6)(e), s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and except for an action for a deficiency judgment governed by paragraph (6)(g). — Fla. Stat. §95.11(2)(b)

(3) WITHIN FOUR YEARS.— … (j) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts. — Fla. Stat. §95.11(3)(j)

Recent amendment — a dedicated 3-year medical-debt SOL was added effective July 1, 2024:

(4) WITHIN THREE YEARS.—An action to collect medical debt for services rendered by a facility licensed under chapter 395, provided that the period of limitations shall run from the date on which the facility refers the medical debt to a third party for collection. — Fla. Stat. §95.11(4), added by ch. 2024-183, Laws of Fla. (HB 7089), "This act shall take effect July 1, 2024."

§95.11 history line also shows 2025 amendments (s. 2, ch. 2025-81; s. 41, ch. 2025-153); the contract paragraphs quoted above are the current 2025 statutes text.

Promissory notes — §673.1181 defers to chapter 95 (5 years, not the UCC's 6)

(This subsection and the revival/tolling subsection below added 2026-08-12 from flsenate.gov official 2025 statutes. The rest of this page carries the 2026-07-03 last_verified date.)

Florida is an exception to the usual Revised-Article-3 pattern. Where other states' §3-118 sets its own six-year note period, Florida's enacts a pointer instead:

673.1181 Statute of limitations.—Chapter 95 governs when an action to enforce an obligation, duty, or right arising under this chapter must be commenced. — Fla. Stat. §673.1181 (History.—s. 2, ch. 92-82)

Consequence (interpretation): a Florida promissory note takes the chapter 95 written-instrument period — 5 years under §95.11(2)(b) — not a UCC six. This is the opposite of CA/TX/MA, where the note period exceeds the written-contract period. Do not import a "notes are always 6 years" rule into Florida.

Revival and tolling — §95.04 (revival) and §95.051 (tolling, exclusive list)

Florida splits the question cleanly in two. Reviving a debt on which the period has already run requires a signed writing:

95.04 Promise to pay barred debt.—An acknowledgment of, or promise to pay, a debt barred by a statute of limitations must be in writing and signed by the person sought to be charged. — Fla. Stat. §95.04 (History.—s. 1, ch. 4375, 1895; GS 1717; RGS 2930; CGL 4650; s. 6, ch. 74-382)

Tolling while the period is still running is governed by a closed statutory list, in which payment appears — but only for written-instrument obligations:

95.051 When limitations tolled.—(1) The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by: (a) Absence from the state of the person to be sued. (b) Use by the person to be sued of a false name that is unknown to the person entitled to sue so that process cannot be served on the person to be sued. (c) Concealment in the state of the person to be sued so that process cannot be served on him or her. … (f) The payment of any part of the principal or interest of any obligation or liability founded on a written instrument. (g) The pendency of any arbitral proceeding pertaining to a dispute that is the subject of the action. … — Fla. Stat. §95.051(1) (excerpt; (d)/(i) cover incapacity and minority, (e) paternity payments, (h) intervening bankruptcy for tax certificates. A closing flush paragraph disapplies (a)–(c) where service of process or service by publication can still confer jurisdiction.)

And the list is exclusive:

(2) A disability or other reason does not toll the running of any statute of limitations except those specified in this section, s. 95.091, the Florida Probate Code, or the Florida Guardianship Law. — Fla. Stat. §95.051(2)

Plain English (interpretation — the quotes win). Three rules, and the order matters:

1. Before expiry, a payment tolls — but only on a written instrument. §95.051(1)(f) is limited to obligations "founded on a written instrument." A payment on an oral obligation or a store account (the §95.11(3)(j) four-year bucket) gets no tolling, because §95.051(2) forecloses any tolling ground not on the list.
2. After expiry, a payment does nothing. §95.051 tolls "the running" of a period — there is nothing left to toll once it has run. Reviving a barred Florida debt goes through §95.04, which admits only a signed writing. So Florida is a no-revival-on-payment state for a debt already time-barred, alongside CA and the TX debt-buyer rule — and unlike MA.
3. Nothing else tolls. §95.051(2) means arguments from hardship, ignorance of the debt, or informal forbearance do not extend a Florida period.

Verified-negative: Florida has no anti-revival statute of the CPLR 214-i / Fin. Code §392.307(d) type, and no time-barred-debt disclosure (see Traps below). The no-revival result above is a consequence of §95.04's writing requirement plus §95.051(2)'s exclusivity, not of a purpose-built consumer statute — worth flagging to counsel as a construction rather than an express rule.

Plain English

Interpretation — the quotes above win on any conflict.

• FCCPA reaches original creditors. §559.72 binds "a person," not just agencies — a creditor collecting its own paper in Florida can violate it and owes §559.77 damages. Registration (§559.553), by contrast, exempts original creditors, Florida Bar members, banks, etc.
• Registration is a hard gate: a collection agency doing business in Florida without an OFR registration commits a first-degree misdemeanor; an out-of-state collector soliciting Florida credit grantors without registering risks a fine of up to $10,000. An out-of-state collector that does not solicit Florida-based credit grantors is exempt from registration — but §559.72 conduct rules still apply to it (§559.565(2)).
• No numeric call cap — §559.72(7) is a harassment-frequency standard; Reg F's 7-in-7 presumption is the operative numeric limit.
• Call window = federal (8am–9pm) but consent-based and creditor-inclusive; e-mail exempted 2025.
• SOL: 5 years written / 4 years oral or store account / 3 years medical debt (ch. 395 facilities, running from referral to a third party for collection).

Traps / edge cases

• §559.72(9) does the work of a time-barred-suit rule case-by-case (asserting a legal right known not to exist), but Florida has no statutory time-barred-debt disclosure — the federal Reg F §1006.26 suit/threat bar is the operative TBD rule.
• §559.72(18)'s attorney-representation rule has an FCCPA-specific release valve: direct contact is allowed if the debtor's attorney fails to respond within 30 days.
• The (17) e-mail carve-out (2025) applies only to the night-time window — e-mail volume/harassment is still policed by (7) and by Reg F.
• The 3-year medical SOL clock starts at referral to a third party for collection, not at service or default — different accrual model from every other §95.11 period.
• §559.77 recognizes FDCPA-style bona fide error and vicarious defenses; damages stack with (not replace) FDCPA remedies.

Related

• ../federal/reg-f/call-frequency.md
• ../federal/reg-f/time-barred-debt.md
• ../federal/fdcpa/overview.md
• ./ca.md · ./ny.md · ./tx.md · ./ma.md · ./_matrix.md