| 1 | A bill to be entitled | 
| 2 | An act relating to telephone solicitation; amending s. | 
| 3 | 106.147, F.S.; revising the disclosure statement | 
| 4 | requirements for certain telephone solicitations; amending | 
| 5 | s. 501.059, F.S.; prohibiting certain telephone | 
| 6 | solicitation by any person on behalf of a candidate for a | 
| 7 | federal, state, or local political office, committee of | 
| 8 | continuous existence, or other political entity; providing | 
| 9 | an effective date. | 
| 10 | 
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| 11 | Be It Enacted by the Legislature of the State of Florida: | 
| 12 | 
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| 13 | Section 1.  Paragraph (a) of subsection (1) of section | 
| 14 | 106.147, Florida Statutes, is amended to read: | 
| 15 | 106.147  Telephone solicitation; disclosure requirements; | 
| 16 | prohibitions; exemptions; penalties.-- | 
| 17 | (1)(a)  Any telephone call supporting or opposing a | 
| 18 | candidate, elected public official, or ballot proposal must | 
| 19 | identify the persons or organizations sponsoring the call by | 
| 20 | stating at the beginning of the call either: "The following is a | 
| 21 | paid telephone call paid for by_____" (insert name of persons or | 
| 22 | organizations sponsoring the call) or "paid for on behalf | 
| 23 | of_____" (insert name of persons or organizations authorizing | 
| 24 | call). This paragraph does not apply to any telephone call in | 
| 25 | which both the individual making the call is not being paid and | 
| 26 | the individuals participating in the call know each other prior | 
| 27 | to the call. | 
| 28 | Section 2.  Subsection (7) of section 501.059, Florida | 
| 29 | Statutes, is amended to read: | 
| 30 | 501.059  Telephone solicitation.-- | 
| 31 | (7)(a)  No person shall make or knowingly allow a | 
| 32 | telephonic sales call to be made if such call involves an | 
| 33 | automated system for the selection or dialing of telephone | 
| 34 | numbers or the playing of a recorded message when a connection | 
| 35 | is completed to a number called. | 
| 36 | (b)  No person on behalf of a candidate for a federal, | 
| 37 | state, or local political office, committee of continuous | 
| 38 | existence, or other political entity shall make or knowingly | 
| 39 | allow a telephonic call related to a political office or issue | 
| 40 | to be made to any number on the department's "no sales | 
| 41 | solicitation calls" list if such call involves an automated | 
| 42 | system for the selection or dialing of telephone numbers or the | 
| 43 | playing of a recorded message when a connection is completed to | 
| 44 | a number called. | 
| 45 | (c) (b)Nothing herein prohibits the use of an automated | 
| 46 | telephone dialing system with live messages if the calls are | 
| 47 | made or messages given solely in response to calls initiated by | 
| 48 | the persons to whom the automatic calls or live messages are | 
| 49 | directed or if the telephone numbers selected for automatic | 
| 50 | dialing have been screened to exclude any telephone subscriber | 
| 51 | who is included on the department's then-current "no sales | 
| 52 | solicitation calls" listing or any unlisted telephone number, or | 
| 53 | if the calls made concern goods or services that have been | 
| 54 | previously ordered or purchased. | 
| 55 | (d) (c)It shall be unlawful for any person who makes a | 
| 56 | telephonic sales call or causes a telephonic sales call to be | 
| 57 | made to fail to transmit or cause not to be transmitted the | 
| 58 | telephone number and, when made available by the telephone | 
| 59 | solicitor's carrier, the name of the telephone solicitor to any | 
| 60 | caller identification service in use by a recipient of a | 
| 61 | telephonic sales call. However, it shall not be a violation to | 
| 62 | substitute, for the name and telephone number used in or billed | 
| 63 | for making the call, the name of the seller on behalf of which a | 
| 64 | telephonic sales call is placed and the seller's customer | 
| 65 | service telephone number, which is answered during regular | 
| 66 | business hours. For purposes of this section, the term "caller | 
| 67 | identification service" means a service that allows a telephone | 
| 68 | subscriber to have the telephone number and, where available, | 
| 69 | the name of the calling party transmitted contemporaneously with | 
| 70 | the telephone call and displayed on a device in or connected to | 
| 71 | the subscriber's telephone. | 
| 72 | (e) (d)It shall be unlawful for any person who makes a | 
| 73 | telephonic sales call or causes a telephonic sales call to be | 
| 74 | made to intentionally alter the voice of the caller in an | 
| 75 | attempt to disguise or conceal the identity of the caller in | 
| 76 | order to defraud, confuse, or financially or otherwise injure | 
| 77 | the recipient of a telephonic sales call or in order to obtain | 
| 78 | personal information from the recipient of a telephonic sales | 
| 79 | call which may be used in a fraudulent or unlawful manner. | 
| 80 | Section 3.  This act shall take effect July 1, 2007. |