Florida Senate - 2014                              CS for SB 450
       By the Committee on Agriculture; and Senator Clemens
       575-01049-14                                           2014450c1
    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”; prohibiting a telephone
    5         solicitor from transmitting certain text messages to a
    6         consumer if the consumer is on the “no sales
    7         solicitation calls” list maintained by the Department
    8         of Agriculture and Consumer Services or if the
    9         consumer has previously communicated such a request to
   10         the telephone solicitor; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Subsection (1) of section 501.059, Florida
   15  Statutes, is reordered and amended, and subsection (5) of that
   16  section is 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 telephone call or
   20  text message call made by a telephone solicitor to a consumer,
   21  for the purpose of soliciting a sale of any consumer goods or
   22  services, or for the purpose of soliciting an extension of
   23  credit for consumer goods or services, or for the purpose of
   24  obtaining information that will or may be used for the direct
   25  solicitation of a sale of consumer goods or services or an
   26  extension of credit for such purposes.
   27         (b) “Consumer goods or services” means any real property or
   28  any tangible or intangible personal property that which is
   29  normally used for personal, family, or household purposes,
   30  including, but not limited to without limitation, any such
   31  property intended to be attached to or installed in any real
   32  property without regard to whether it is so attached or
   33  installed, as well as cemetery lots and timeshare estates, and
   34  any services related to such property.
   35         (h)(c) “Unsolicited telephonic sales call” means a
   36  telephonic sales call other than a call made:
   37         1. In response to an express request of the person called;
   38         2. Primarily in connection with an existing debt or
   39  contract, if payment or performance of such debt or contract
   40  which has not been completed at the time of such call;
   41         3. To a any person with whom the telephone solicitor has a
   42  prior or existing business relationship; or
   43         4. By a newspaper publisher or his or her agent or employee
   44  in connection with his or her business.
   45         (f)(d) “Telephone solicitor” means a any natural person,
   46  firm, organization, partnership, association, or corporation, or
   47  a subsidiary or affiliate thereof, doing business in this state,
   48  who makes or causes to be made a telephonic sales call,
   49  including, but not limited to, calls made by use of automated
   50  dialing or recorded message devices.
   51         (a)(e) “Consumer” means an actual or prospective purchaser,
   52  lessee, or recipient of consumer goods or services.
   53         (e)(f) “Merchant” means a person who, directly or
   54  indirectly, offers or makes available to consumers any consumer
   55  goods or services.
   56         (d)(g) “Doing business in this state” means refers to
   57  businesses that who conduct telephonic sales calls from a
   58  location in Florida or from other states or nations to consumers
   59  located in Florida.
   60         (c)(h) “Department” means the Department of Agriculture and
   61  Consumer Services.
   62         (5) A telephone solicitor may not initiate an outbound
   63  telephone call or text message to a consumer who has previously
   64  communicated to the telephone solicitor that he or she does not
   65  wish to receive an outbound telephone call or text message:
   66         (a) Made by or on behalf of the seller whose goods or
   67  services are being offered; or
   68         (b) Made on behalf of a charitable organization for which a
   69  charitable contribution is being solicited.
   70         Section 2. This act shall take effect July 1, 2014.