Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 568 Ì630160jÎ630160 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Commerce and Tourism (Young) recommended the following: 1 Senate Amendment (with directory and title amendments) 2 3 Between lines 35 and 36 4 insert: 5 (8) 6 (c) It shall be unlawful for any person who makes a 7 telephonic sales call or causes a telephonic sales call to be 8 made to fail to transmit or cause not to be transmitted the 9 telephone number and, when made available by the telephone 10 solicitor’s carrier, the name of the telephone solicitor to any 11 caller identification service in use by a recipient of a 12 telephonic sales call. However, it shall not be a violation to 13 substitute, for the name and telephone number used in or billed 14 for making the call, the name of the seller on behalf of which a 15 telephonic sales call is placed and the seller’s customer 16 service telephone number, which is answered during regular 17 business hours. If a telephone number is made available through 18 a caller identification service as a result of a telephone sales 19 call, that telephone number must be capable of receiving phone 20 calls and must connect the original call recipient, upon calling 21 such number, to the telephone solicitor or to the seller on 22 behalf of which a telephonic sales call was placed. For purposes 23 of this section, the term “caller identification service” means 24 a service that allows a telephone subscriber to have the 25 telephone number and, where available, the name of the calling 26 party transmitted contemporaneously with the telephone call and 27 displayed on a device in or connected to the subscriber’s 28 telephone. 29 (9)(a) The department shall investigate any complaints 30 received concerning violations of this section. If, after 31 investigating a complaint, the department finds that there has 32 been a violation of this section, the department or the 33 Department of Legal Affairs may bring an action to impose a 34 civil penalty and to seek other relief, including injunctive 35 relief, as the court deems appropriate against the telephone 36 solicitor. The civil penalty shall be in the Class IV
III37 category pursuant to s. 570.971 for each violation and shall be 38 deposited in the General Inspection Trust Fund if the action or 39 proceeding was brought by the department, or the Legal Affairs 40 Revolving Trust Fund if the action or proceeding was brought by 41 the Department of Legal Affairs. This civil penalty may be 42 recovered in any action brought under this part by the 43 department, or the department may terminate any investigation or 44 action upon agreement by the person to pay a stipulated civil 45 penalty. The department or the court may waive any civil penalty 46 if the person has previously made full restitution or 47 reimbursement or has paid actual damages to the consumers who 48 have been injured by the violation. 49 (b) The department may, as an alternative to the civil 50 penalties provided in paragraph (a), impose an administrative 51 fine in the Class III Icategory pursuant to s. 570.971 for each 52 act or omission that constitutes a violation of this section. An 53 administrative proceeding that could result in the entry of an 54 order imposing an administrative penalty must be conducted 55 pursuant to chapter 120. 56 57 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 58 And the directory clause is amended as follows: 59 Delete lines 13 - 14 60 and insert: 61 Section 1. Paragraph (g) of subsection (1), subsection (5), 62 paragraph (c) of subsection (8), and subsection (9) of section 63 501.059, Florida Statutes, are amended to read: 64 65 ================= T I T L E A M E N D M E N T ================ 66 And the title is amended as follows: 67 Delete line 9 68 and insert: 69 for donations; requiring that if a telephone number is 70 available through a caller identification system, that 71 telephone number must be capable of receiving calls 72 and must connect the original call recipient to the 73 solicitor; revising penalties; providing an effective 74 date.