Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 568
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Commerce and Tourism (Young) recommended the
    1         Senate Amendment (with directory and title amendments)
    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 III
   37  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 I category 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.
   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:
   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.