Bill Text: FL S1308 | 2023 | Regular Session | Comm Sub

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Bill Title: Telephone Solicitation

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2023-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 761 (Ch. 2023-150) [S1308 Detail]

Download: Florida-2023-S1308-Comm_Sub.html

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       Florida Senate - 2023                      CS for CS for SB 1308
       
       
        
       By the Committees on Rules; and Commerce and Tourism; and
       Senators Yarborough and Rodriguez
       
       
       
       
       595-04209-23                                          20231308c2
    1                        A bill to be entitled                      
    2         An act relating to telephone solicitation; amending s.
    3         501.059, F.S.; revising definitions; prohibiting
    4         certain telephonic sales calls; providing conditions
    5         under which civil actions may be brought for text
    6         message solicitations; providing applicability;
    7         providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraphs (g) and (h) of subsection (1) and
   12  paragraph (a) of subsection (8) of section 501.059, Florida
   13  Statutes, are amended, and paragraph (c) is added to subsection
   14  (10) of that section, to read:
   15         501.059 Telephone solicitation.—
   16         (1) As used in this section, the term:
   17         (g) “Prior express written consent” means a written
   18  agreement that:
   19         1. Bears the signature of the called party;
   20         2. Clearly authorizes the person making or allowing the
   21  placement of a telephonic sales call by telephone call, text
   22  message, or voicemail transmission to deliver or cause to be
   23  delivered to the called party a telephonic sales call using an
   24  automated system for the selection and or dialing of telephone
   25  numbers, the playing of a recorded message when a connection is
   26  completed to a number called, or the transmission of a
   27  prerecorded voicemail;
   28         3. Includes the telephone number to which the called party
   29  signatory authorizes a telephonic sales call to be delivered;
   30  and
   31         4. Includes a clear and conspicuous disclosure informing
   32  the called party that:
   33         a. By executing the agreement, the called party authorizes
   34  the person making or allowing the placement of a telephonic
   35  sales call to be made by telephone call, text message, or
   36  voicemail transmission to deliver or cause to be delivered a
   37  telephonic sales call to the called party a telephonic sales
   38  call using an automated system for the selection and or dialing
   39  of telephone numbers, if applicable, or the playing of a
   40  recorded message when a connection is completed to a number
   41  called, or the transmission of a prerecorded voicemail; and
   42         b. He or she is not required to directly or indirectly sign
   43  the written agreement or to agree to enter into such an
   44  agreement as a condition of purchasing any property, goods, or
   45  services.
   46         (h) “Signature” includes:
   47         1. An electronic or digital signature if, to the extent
   48  that such form of signature is recognized as a valid signature
   49  under applicable federal law or state contract law; or
   50         2. An act that demonstrates express consent, including, but
   51  not limited to, checking a box indicating consent or responding
   52  affirmatively to receiving text messages, to an advertising
   53  campaign, or to an e-mail solicitation.
   54         (8)(a) A person may not make or knowingly allow to be made
   55  an unsolicited a telephonic sales call to be made if such call
   56  involves an automated system for the selection and or dialing of
   57  telephone numbers or the playing of a recorded message when a
   58  connection is completed to a number called without the prior
   59  express written consent of the called party.
   60         (10)
   61         (c) Before the commencement of any action for damages under
   62  this section for text message solicitations, the called party
   63  must notify the telephone solicitor that the called party does
   64  not wish to receive text messages from the telephone solicitor
   65  by replying “STOP” to the number from which the called party
   66  received text messages from the telephone solicitor. Within 15
   67  days after receipt of such notice, the telephone solicitor shall
   68  cease sending text message solicitations to the called party
   69  thereafter, except that the telephone solicitor may send the
   70  called party a text message to confirm receipt of the notice.
   71  The called party may bring an action under this section only if
   72  the called party does not consent to receive text messages from
   73  the telephone solicitor and the telephone solicitor continues to
   74  send text messages to the called party 15 days after the called
   75  party provided notice to the telephone solicitor to cease such
   76  text messages.
   77         Section 2. The amendments made by this act to s. 501.059,
   78  Florida Statutes, apply to any suit filed on or after the
   79  effective date of this act and to any putative class action not
   80  certified on or before the effective date of this act.
   81         Section 3. This act shall take effect upon becoming a law.