Bill Text: FL S0454 | 2025 | Regular Session | Introduced

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Bill Title: Telephone Solicitation

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-10 - Referred to Commerce and Tourism; Judiciary; Rules [S0454 Detail]

Download: Florida-2025-S0454-Introduced.html

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       Florida Senate - 2025                                     SB 454
       
       
        
       By Senator Polsky
       
       
       
       
       
       30-00754-25                                            2025454__
    1                        A bill to be entitled                      
    2         An act relating to telephone solicitation; amending s.
    3         501.059, F.S.; revising the definition of the terms
    4         “telephone solicitor” and “telephonic sales call”;
    5         revising the conditions for awarding attorney fees in
    6         civil actions relating to telephone solicitation;
    7         making technical changes; providing construction and
    8         retroactive application; reenacting s. 517.0615(2)(c),
    9         F.S., relating to solicitations of interest, to
   10         incorporate the amendment made to s. 501.059, F.S., in
   11         a reference thereto; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraphs (i) and (j) of subsection (1) and
   16  paragraphs (a), (d), and (e) of subsection (11) of section
   17  501.059, Florida Statutes, are amended to read:
   18         501.059 Telephone solicitation.—
   19         (1) As used in this section, the term:
   20         (i) “Telephone solicitor” means a natural person, firm,
   21  organization, partnership, association, or corporation, or a
   22  subsidiary or affiliate thereof, doing business in this state,
   23  who makes or causes to be made a telephonic sales call,
   24  including, but not limited to, calls made by use of automated
   25  dialing or recorded message devices. The term does not include a
   26  tax-exempt nonprofit organization or a person or an organization
   27  acting on its behalf.
   28         (j) “Telephonic sales call” means a telephone call, text
   29  message, or voicemail transmission to a consumer for the purpose
   30  of soliciting a sale of any consumer goods or services,
   31  soliciting an extension of credit for consumer goods or
   32  services, or obtaining information that will or may be used for
   33  the direct solicitation of a sale of consumer goods or services
   34  or an extension of credit for such purposes. A phone call, text
   35  message, or voicemail transmission is not considered a
   36  telephonic sales call if it is made by a tax-exempt nonprofit
   37  organization for a religious, charitable, political, or
   38  educational purpose.
   39         (11)(a) In a any civil action alleging litigation resulting
   40  from a transaction involving a violation of this section, the
   41  prevailing party, after judgment in the trial court and
   42  exhaustion of all appeals, is entitled to if any, shall receive
   43  his or her reasonable attorney fees and costs from the
   44  nonprevailing party.
   45         (d) An Any award of attorney fees or costs becomes shall
   46  become a part of the judgment and is subject to execution as the
   47  law allows.
   48         (e) In a any civil action litigation initiated by the
   49  department or the Department of Legal Affairs, the court may
   50  award to the prevailing party reasonable attorney fees and costs
   51  if the court finds that there was a complete absence of a
   52  justiciable issue of either law or fact raised by the losing
   53  party or if the court finds bad faith on the part of the losing
   54  party.
   55         Section 2. The amendments made by this act to s. 501.059,
   56  Florida Statutes, are remedial in nature and apply
   57  retroactively.
   58         Section 3. For the purpose of incorporating the amendment
   59  made by this act to section 501.059, Florida Statutes, in a
   60  reference thereto, paragraph (c) of subsection (2) of section
   61  517.0615, Florida Statutes, is reenacted to read:
   62         517.0615 Solicitations of interest.—
   63         (2) Before any offers or sales are made in connection with
   64  an offering, communications by an issuer or any person
   65  authorized to act on behalf of the issuer are not deemed to
   66  constitute general solicitation or general advertising if the
   67  communication is solely for the purpose of determining whether
   68  there is any interest in a contemplated securities offering.
   69  Requirements imposed under this chapter on written or oral
   70  statements made in the course of such communication may be
   71  enforced as provided in this chapter. The solicitation or
   72  acceptance of money or other consideration or of any commitment,
   73  binding or otherwise, from any person is prohibited.
   74         (c) A communication in accordance with this subsection is
   75  not subject to s. 501.059, regarding telephone solicitations.
   76         Section 4. This act shall take effect upon becoming a law.