Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1564
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Commerce and Tourism (Hutson) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (g) and (k) of subsection (1),
    6  paragraph (a) of subsection (8), and subsection (11) of section
    7  501.059, Florida Statutes, are amended, and paragraph (e) is
    8  added to subsection (8) of that section, to read:
    9         501.059 Telephone solicitation.—
   10         (1) As used in this section, the term:
   11         (g) “Prior express written consent” means a written
   12  agreement that:
   13         1. Bears the signature of the called party;
   14         2. Clearly authorizes the person making or allowing the
   15  placement of a telephonic sales call by telephone call, text
   16  message, or voicemail transmission to deliver or cause to be
   17  delivered to the called party a telephonic sales call using an
   18  automated system for the selection and or dialing of telephone
   19  numbers, the playing of a recorded message when a connection is
   20  completed to a number called, the transmission of a text
   21  message, or the transmission of a prerecorded voicemail;
   22         3. Includes the telephone number to which the signatory
   23  authorizes a telephonic sales call to be delivered; and
   24         4. Includes a clear and conspicuous disclosure informing
   25  the called party that:
   26         a. By executing the agreement, the called party authorizes
   27  the person making or allowing the placement of a telephonic
   28  sales call to deliver or cause to be delivered a telephonic
   29  sales call to the called party using an automated system for the
   30  selection and or dialing of telephone numbers or the playing of
   31  a recorded message when a connection is completed to a number
   32  called; and
   33         b. He or she is not required to directly or indirectly sign
   34  the written agreement or to agree to enter into such an
   35  agreement as a condition of purchasing any property, goods, or
   36  services.
   37         (k) “Unsolicited telephonic sales call” means a telephonic
   38  sales call other than a call made:
   39         1. Within 120 days after In response to an express request
   40  of the person called party;
   41         2. Primarily in connection with an existing debt or
   42  contract, if payment or performance of such debt or contract has
   43  not been completed at the time of such call;
   44         3. To a person with whom the telephone solicitor has a
   45  prior or existing business relationship; or
   46         4. By a newspaper publisher or his or her agent or employee
   47  in connection with his or her business; or
   48         5.Limited to polling or soliciting the expression of
   49  ideas, opinions, or votes, including when such polling or
   50  soliciting is made by text message.
   51         (8)(a) A person may not make or knowingly allow a
   52  telephonic sales call to be made if such call involves an
   53  automated system for the selection and or dialing of telephone
   54  numbers or the playing of a recorded message when a connection
   55  is completed to a number called without the prior express
   56  written consent of the called party.
   57         (e)This subsection does not prohibit the use of an
   58  automated telephone dialing system with live messages or text
   59  messages if the call or message is made solely in response to an
   60  inquiry initiated by the called party. However, only two such
   61  calls or messages may be made in response to each inquiry.
   62         (11)(a) In any civil litigation resulting from a
   63  transaction involving a violation of this section, the
   64  prevailing party, after judgment in the trial court and
   65  exhaustion of all appeals, if any, shall receive his or her
   66  reasonable attorney attorney’s fees and costs from the
   67  nonprevailing party.
   68         (b) The attorney for the prevailing party shall submit a
   69  sworn affidavit of his or her time spent on the case and his or
   70  her costs incurred for all the motions, hearings, and appeals to
   71  the trial judge who presided over the civil case.
   72         (c) The trial judge shall award the prevailing party the
   73  sum of reasonable costs incurred in the action plus a reasonable
   74  legal fee for the hours actually spent on the case as sworn to
   75  in an affidavit.
   76         (d) Any award of attorney attorney’s fees or costs shall
   77  become a part of the judgment and subject to execution as the
   78  law allows.
   79         (e) In any civil litigation initiated by the department or
   80  the Department of Legal Affairs, the court may award to the
   81  prevailing party reasonable attorney attorney’s fees and costs
   82  if the court finds that there was a complete absence of a
   83  justiciable issue of either law or fact raised by the losing
   84  party or if the court finds bad faith on the part of the losing
   85  party.
   86         Section 2. The amendments made by this act to s. 501.059,
   87  Florida Statutes, are remedial in nature and apply retroactively
   88  to July 1, 2021, and to any proceeding pending or commenced on
   89  or after July 1, 2021.
   90         Section 3. This act shall take effect July 1, 2022.
   92  ================= T I T L E  A M E N D M E N T ================
   93  And the title is amended as follows:
   94         Delete everything before the enacting clause
   95  and insert:
   96                        A bill to be entitled                      
   97         An act relating to telephone solicitation; amending s.
   98         501.059, F.S.; redefining terms; conforming a
   99         provision to changes made by the act; authorizing the
  100         use of automated telephone dialing systems with live
  101         messages in response to certain inquiries; providing a
  102         limitation; revising provisions for the award of
  103         attorney fees and costs; providing for retroactive
  104         application; providing an effective date.