Collection Agency Florida: Sunshine State, Serious Regulations
Collection Agency Florida: Where Federal and State Rules Overlap
The Regulatory Landscape
Florida has one of the most active debt collection markets in the United States — and one of the most regulated. Collection agencies operating in Florida must navigate the federal FDCPA, Florida's own Consumer Collection Practices Act (FCCPA, Florida Statutes §559), and county-level licensing requirements. For B2B collection specifically, the FDCPA doesn't apply — but the FCCPA has broader reach and covers some commercial transactions.
This regulatory complexity means choosing a Florida-licensed agency isn't optional. It's a legal requirement. An unlicensed agency operating in Florida faces penalties — and the debtor can use the licensing violation as a defence against the entire collection effort.
B2B Collection in Florida
Phase 1 — Demand letter. A formal demand from a Florida-licensed agency citing the debt amount, applicable contract terms, and a clear deadline. Florida's commercial culture is transactional — businesses respond to professional, documented demands.
Phase 2 — Amicable resolution. Resolution rates for B2B debts under 12 months in Florida: approximately 55-65%. Florida's large, diverse commercial market means debtors range from sophisticated corporations to small operators — the approach must match the debtor.
Phase 3 — Pre-suit demand. Florida requires a pre-suit demand for certain claims. For B2B, this formalises the creditor's position and starts the clock on the debtor's response obligation.
Phase 4 — Circuit court litigation. Florida's Circuit Courts handle civil claims above $50,000. County Courts handle claims below $50,000 with simplified procedures. For commercial claims, summary judgment motions can produce enforceable titles in 4-8 months for undisputed debts.
Key Legal Parameters
Statute of limitations: 5 years for written contracts, 4 years for oral contracts under Florida Statutes §95.11.
Prejudgment interest: 5.52% per annum (2024 rate, adjusted annually) under Florida Statutes §55.03, unless the contract specifies a different rate.
Garnishment: Florida allows prejudgment and post-judgment garnishment of bank accounts and accounts receivable under Florida Statutes §77. This is a powerful enforcement tool for B2B claims — the creditor can freeze the debtor's business bank accounts pending judgment.
Domestication of foreign judgments: Florida's Uniform Enforcement of Foreign Judgments Act (Florida Statutes §55.501-55.509) allows creditors to domesticate judgments from other states and enforce them locally.
Florida's market is large and litigious. A licensed agency with local court experience and knowledge of both FDCPA and FCCPA boundaries is essential for efficient recovery.
