Senate Bill 2278c1

    Florida Senate - 1999                           CS for SB 2278

    By the Committee on Regulated Industries and Senator Sebesta





    315-1970-99

  1                      A bill to be entitled

  2         An act relating to telephone solicitation;

  3         amending s. 501.059, F.S.; prohibiting

  4         telephone solicitors from making unsolicited

  5         calls without complete caller identification

  6         information; providing penalties; providing an

  7         effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsection (11) is added to Section

12  501.059, Florida Statutes, to read:

13         501.059  Telephone solicitation.--

14         (11) It is the intent of the Legislature to protect

15  residential consumers from unwanted telephone solicitations

16  and afford consumers all possible information regarding the

17  identity of any telephone solicitor who places a call to that

18  consumer. A telephone solicitor may not make or cause to be

19  made any unsolicited telephonic sales call to any residential,

20  mobile, or telephonic paging device telephone number unless

21  the telephone number and name of the calling party is

22  transmitted.

23         (a)  Failure to comply with this subsection is an

24  unfair and deceptive trade practice, punishable under the

25  provisions of part II of this chapter.

26         (b)  Any telephone solicitor who knowingly violates

27  this subsection commits a misdemeanor of the first degree,

28  punishable as provided in s. 775.082 or s. 775.083. For the

29  purposes of this subsection, the following actions constitute

30  a knowing violation:

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2278
    315-1970-99




  1         1.  Disabling a telephone system's caller

  2  identification generator;

  3         2.  Providing a false or fictitious number; or

  4         3.  Knowingly using telephone equipment that is

  5  incapable of providing caller identification information.

  6         Section 2.  This act shall take effect October 1, 1999.

  7

  8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  9                             SB 2278

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11  Narrows focus of intent language to residential consumers, as
    opposed to consumers generally;
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    Specifies that the name and telephone number of the calling
13  party must be transmitted, instead of "all possible caller
    information";
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    Deletes language making it a violation of law to knowingly use
15  a telephone carrier that is incapable of passing on caller
    identification information to the intended recipient of the
16  telephone solicitation.

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