ENROLLED 2018 Legislature CS for CS for SB 568, 1st Engrossed 2018568er 1 2 An act relating to telephone solicitation; amending s. 3 501.059, F.S.; revising the definition of the term 4 “telephonic sales call” to include voicemail 5 transmissions; defining the term “voicemail 6 transmission”; prohibiting the transmission of 7 voicemails to specified persons who communicate to a 8 telephone solicitor that they would not like to 9 receive certain voicemail solicitations or requests 10 for donations; requiring a solicitor to ensure that if 11 a telephone number is available through a caller 12 identification system, that telephone number must be 13 capable of receiving calls and must connect the 14 original call recipient to the solicitor; revising 15 penalties; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Paragraph (g) of subsection (1) of section 20 501.059, Florida Statutes, is amended, a new paragraph (i) is 21 added to that subsection, and subsection (5), paragraph (c) of 22 subsection (8), and subsection (9) of that section are amended, 23 to read: 24 501.059 Telephone solicitation.— 25 (1) As used in this section, the term: 26 (g) “Telephonic sales call” means a telephone call,
ortext 27 message, or voicemail transmission to a consumer for the purpose 28 of soliciting a sale of any consumer goods or services, 29 soliciting an extension of credit for consumer goods or 30 services, or obtaining information that will or may be used for 31 the direct solicitation of a sale of consumer goods or services 32 or an extension of credit for such purposes. 33 (i) “Voicemail transmission” means technologies that 34 deliver a voice message directly to a voicemail application, 35 service, or device. 36 (5) A telephone solicitor or other person may not initiate 37 an outbound telephone call, ortext message, or voicemail 38 transmission to a consumer, business, or donor or potential 39 donor who has previously communicated to the telephone solicitor 40 or other person that he or she does not wish to receive an 41 outbound telephone call, ortext message, or voicemail 42 transmission: 43 (a) Made by or on behalf of the seller whose goods or 44 services are being offered; or 45 (b) Made on behalf of a charitable organization for which a 46 charitable contribution is being solicited. 47 (8) 48 (c) It shall be unlawful for any person who makes a 49 telephonic sales call or causes a telephonic sales call to be 50 made to fail to transmit or cause not to be transmitted the 51 originating telephone number and, when made available by the 52 telephone solicitor’s carrier, the name of the telephone 53 solicitor to any caller identification service in use by a 54 recipient of a telephonic sales call. However, it shall not be a 55 violation to substitute, for the name and telephone number used 56 in or billed for making the call, the name of the seller on 57 behalf of which a telephonic sales call is placed and the 58 seller’s customer service telephone number, which is answered 59 during regular business hours. If a telephone number is made 60 available through a caller identification service as a result of 61 a telephonic sales call, the solicitor must ensure that 62 telephone number is capable of receiving phone calls and must 63 connect the original call recipient, upon calling such number, 64 to the telephone solicitor or to the seller on behalf of which a 65 telephonic sales call was placed. For purposes of this section, 66 the term “caller identification service” means a service that 67 allows a telephone subscriber to have the telephone number and, 68 where available, the name of the calling party transmitted 69 contemporaneously with the telephone call and displayed on a 70 device in or connected to the subscriber’s telephone. 71 (9)(a) The department shall investigate any complaints 72 received concerning violations of this section. If, after 73 investigating a complaint, the department finds that there has 74 been a violation of this section, the department or the 75 Department of Legal Affairs may bring an action to impose a 76 civil penalty and to seek other relief, including injunctive 77 relief, as the court deems appropriate against the telephone 78 solicitor. The civil penalty shall be in the Class IV III79 category pursuant to s. 570.971 for each violation and shall be 80 deposited in the General Inspection Trust Fund if the action or 81 proceeding was brought by the department, or the Legal Affairs 82 Revolving Trust Fund if the action or proceeding was brought by 83 the Department of Legal Affairs. This civil penalty may be 84 recovered in any action brought under this part by the 85 department, or the department may terminate any investigation or 86 action upon agreement by the person to pay a stipulated civil 87 penalty. The department or the court may waive any civil penalty 88 if the person has previously made full restitution or 89 reimbursement or has paid actual damages to the consumers who 90 have been injured by the violation. 91 (b) The department may, as an alternative to the civil 92 penalties provided in paragraph (a), impose an administrative 93 fine in the Class III Icategory pursuant to s. 570.971 for each 94 act or omission that constitutes a violation of this section. An 95 administrative proceeding that could result in the entry of an 96 order imposing an administrative penalty must be conducted 97 pursuant to chapter 120. 98 Section 2. This act shall take effect July 1, 2018.