Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 450
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/14/2014           .                                

    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 501.059, Florida
    6  Statutes, is reordered and amended, and subsection (5) of that
    7  section is amended, to read:
    8         501.059 Telephone solicitation.—
    9         (1) As used in this section, the term:
   10         (g)(a) “Telephonic sales call” means a telephone call or
   11  text message call made by a telephone solicitor to a consumer,
   12  for the purpose of soliciting a sale of any consumer goods or
   13  services, or for the purpose of soliciting an extension of
   14  credit for consumer goods or services, or for the purpose of
   15  obtaining information that will or may be used for the direct
   16  solicitation of a sale of consumer goods or services or an
   17  extension of credit for such purposes.
   18         (b) “Consumer goods or services” means any real property or
   19  any tangible or intangible personal property that which is
   20  normally used for personal, family, or household purposes,
   21  including, but not limited to without limitation, any such
   22  property intended to be attached to or installed in any real
   23  property without regard to whether it is so attached or
   24  installed, as well as cemetery lots and timeshare estates, and
   25  any services related to such property.
   26         (h)(c) “Unsolicited telephonic sales call” means a
   27  telephonic sales call other than a call made:
   28         1. In response to an express request of the person called;
   29         2. Primarily in connection with an existing debt or
   30  contract, if payment or performance of such debt or contract
   31  which has not been completed at the time of such call;
   32         3. To a any person with whom the telephone solicitor has a
   33  prior or existing business relationship; or
   34         4. By a newspaper publisher or his or her agent or employee
   35  in connection with his or her business.
   36         (f)(d) “Telephone solicitor” means a any natural person,
   37  firm, organization, partnership, association, or corporation, or
   38  a subsidiary or affiliate thereof, doing business in this state,
   39  who makes or causes to be made a telephonic sales call,
   40  including, but not limited to, calls made by use of automated
   41  dialing or recorded message devices.
   42         (a)(e) “Consumer” means an actual or prospective purchaser,
   43  lessee, or recipient of consumer goods or services.
   44         (e)(f) “Merchant” means a person who, directly or
   45  indirectly, offers or makes available to consumers any consumer
   46  goods or services.
   47         (d)(g) “Doing business in this state” means refers to
   48  businesses that who conduct telephonic sales calls from a
   49  location in Florida or from other states or nations to consumers
   50  located in Florida.
   51         (c)(h) “Department” means the Department of Agriculture and
   52  Consumer Services.
   53         (5) A telephone solicitor may not initiate an outbound
   54  telephone call or text message to a consumer who has previously
   55  communicated to the telephone solicitor that he or she does not
   56  wish to receive an outbound telephone call or text message:
   57         (a) Made by or on behalf of the seller whose goods or
   58  services are being offered; or
   59         (b) Made on behalf of a charitable organization for which a
   60  charitable contribution is being solicited.
   61         Section 2. This act shall take effect July 1, 2014.
   63  ================= T I T L E  A M E N D M E N T ================
   64  And the title is amended as follows:
   65         Delete everything before the enacting clause
   66  and insert:
   67                        A bill to be entitled                      
   68         An act relating to telephone solicitation; reordering
   69         and amending s. 501.059, F.S.; redefining the term
   70         “telephonic sales call”; prohibiting a telephone
   71         solicitor from transmitting certain text messages to a
   72         consumer if the consumer is on the “no sales
   73         solicitation calls” list maintained by the Department
   74         of Agriculture and Consumer Services or the consumer
   75         has previously communicated such a request to the
   76         telephone solicitor; providing an effective date.