Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. SB 1564 Ì1839601Î183960 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Commerce and Tourism (Hutson) recommended the following: 1 Senate Amendment (with title amendment) 2 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
ordialing 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 ordialing 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 toan express request 40 of the personcalled 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; or46 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 ordialing 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 aviolation 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’sfees 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’sfees 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’sfees 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. 91 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.