Florida Senate - 2022 SB 1564 By Senator Hutson 7-01690-22 20221564__ 1 A bill to be entitled 2 An act relating to telephone solicitation; amending s. 3 501.059, F.S.; revising the definitions of the terms 4 “prior express written consent” and “unsolicited 5 telephonic sales call”; revising the limitations on 6 making unsolicited telephonic sales calls; providing 7 an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Paragraphs (g) and (k) of subsection (1) and 12 paragraph (a) of subsection (8) of section 501.059, Florida 13 Statutes, are amended to read: 14 501.059 Telephone solicitation.— 15 (1) As used in this section, the term: 16 (g) “Prior express written consent” means a written 17 agreement that: 18 1. Bears the signature of the called party; 19 2. Clearly authorizes the person making or allowing the 20 placement of a telephonic sales call by telephone call, text 21 message, or voicemail transmission to deliver or cause to be 22 delivered to the called party a telephonic sales call using an 23 automated system for the selection and
ordialing of telephone 24 numbers, the playing of a recorded message when a connection is 25 completed to a number called, or the transmission of a 26 prerecorded voicemail; 27 3. Includes the telephone number to which the signatory 28 authorizes a telephonic sales call to be delivered; and 29 4. Includes a clear and conspicuous disclosure informing 30 the called party that: 31 a. By executing the agreement, the called party authorizes 32 the person making or allowing the placement of a telephonic 33 sales call to deliver or cause to be delivered a telephonic 34 sales call to the called party using an automated system for the 35 selection and ordialing of telephone numbers or the playing of 36 a recorded message when a connection is completed to a number 37 called; and 38 b. He or she is not required to directly or indirectly sign 39 the written agreement or to agree to enter into such an 40 agreement as a condition of purchasing any property, goods, or 41 services. 42 (k) “Unsolicited telephonic sales call” means a telephonic 43 sales call other than a call made: 44 1. Within 120 days after In response toan express request 45 of the personcalled party; 46 2. Primarily in connection with an existing debt or 47 contract, if payment or performance of such debt or contract has 48 not been completed at the time of such call; 49 3. To a person with whom the telephone solicitor has a 50 prior or existing business relationship; or 51 4. By a newspaper publisher or his or her agent or employee 52 in connection with his or her business. 53 (8)(a) A person may not make or knowingly allow an 54 unsolicited atelephonic sales call to be made if such call 55 involves an automated system for the selection and ordialing of 56 telephone numbers or the playing of a recorded message when a 57 connection is completed to a number called without the prior 58 express written consent of the called party. 59 Section 2. This act shall take effect upon becoming a law.