Florida Senate - 2014                                     SB 450
       By Senator Clemens
       27-00182-14                                            2014450__
    1                        A bill to be entitled                      
    2         An act relating to telephone solicitation; reordering
    3         and amending s. 501.059, F.S.; redefining the term
    4         “telephonic sales call” as used in the administration
    5         of the “no sales solicitation calls” list by the
    6         Department of Agriculture and Consumer Services to
    7         include voice, text, or electronic communication
    8         through a landline, mobile, or internet telephone
    9         service for the purpose of prohibiting certain
   10         communications from telephone solicitors to consumers;
   11         providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Subsection (1) of section 501.059, Florida
   16  Statutes, is reordered and amended to read:
   17         501.059 Telephone solicitation.—
   18         (1) As used in this section, the term:
   19         (g)(a) “Telephonic sales call” means a voice, text, or
   20  electronic communication through a landline, mobile, or internet
   21  telephone service call made by a telephone solicitor to a
   22  consumer, for the purpose of soliciting a sale of any consumer
   23  goods or services, or for the purpose of soliciting an extension
   24  of credit for consumer goods or services, or for the purpose of
   25  obtaining information that will or may be used for the direct
   26  solicitation of a sale of consumer goods or services or an
   27  extension of credit for such purposes.
   28         (b) “Consumer goods or services” means any real property or
   29  any tangible or intangible personal property which is normally
   30  used for personal, family, or household purposes, including, but
   31  not limited to without limitation, any such property intended to
   32  be attached to or installed in any real property without regard
   33  to whether it is so attached or installed, as well as cemetery
   34  lots and timeshare estates, and any services related to such
   35  property.
   36         (h)(c) “Unsolicited telephonic sales call” means a
   37  telephonic sales call other than a call made:
   38         1. In response to an express request of the person called;
   39         2. Primarily in connection with an existing debt or
   40  contract, if payment or performance of such debt or contract
   41  which has not been completed at the time of such call;
   42         3. To any person with whom the telephone solicitor has a
   43  prior or existing business relationship; or
   44         4. By a newspaper publisher or his or her agent or employee
   45  in connection with his or her business.
   46         (f)(d) “Telephone solicitor” means any natural person,
   47  firm, organization, partnership, association, or corporation, or
   48  a subsidiary or affiliate thereof, doing business in this state,
   49  who makes or causes to be made a telephonic sales call,
   50  including, but not limited to, calls made by use of automated
   51  dialing or recorded message devices.
   52         (a)(e) “Consumer” means an actual or prospective purchaser,
   53  lessee, or recipient of consumer goods or services.
   54         (e)(f) “Merchant” means a person who, directly or
   55  indirectly, offers or makes available to consumers any consumer
   56  goods or services.
   57         (d)(g) “Doing business in this state” means refers to
   58  businesses that who conduct telephonic sales calls from a
   59  location in Florida or from other states or nations to consumers
   60  located in Florida.
   61         (c)(h) “Department” means the Department of Agriculture and
   62  Consumer Services.
   63         Section 2. This act shall take effect July 1, 2014.