Florida Senate - 2022 CS for CS for CS for SB 1564 By the Committees on Rules; Regulated Industries; and Commerce and Tourism; and Senator Hutson 595-03064-22 20221564c3 1 A bill to be entitled 2 An act relating to telephone solicitation; amending s. 3 501.059, F.S.; redefining terms; conforming a 4 provision to changes made by the act; prohibiting the 5 use of automated telephone dialing systems using 6 certain types of messages under certain circumstances; 7 authorizing such use in response to certain inquiries; 8 providing a limitation; revising provisions for the 9 award of attorney fees and costs; providing for 10 retroactive application; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraphs (g), (h), and (k) of subsection (1), 15 paragraph (a) of subsection (8), and subsection (11) of section 16 501.059, Florida Statutes, are amended, and paragraph (e) is 17 added to subsection (8) of that section, to read: 18 501.059 Telephone solicitation.— 19 (1) As used in this section, the term: 20 (g) “Prior express written consent” means a written 21 agreement that: 22 1. Bears the signature of the called party; 23 2. Clearly authorizes the person making or allowing the 24 placement of a telephonic sales call by telephone call, text 25 message, or voicemail transmission to deliver or cause to be 26 delivered to the called party a telephonic sales call using an 27 automated system for the selection and
ordialing of telephone 28 numbers, the playing of a recorded message when a connection is 29 completed to a number called, the transmission of a text 30 message, or the transmission of a prerecorded voicemail; 31 3. Includes the telephone number to which the signatory 32 authorizes a telephonic sales call to be delivered; and 33 4. Includes a clear and conspicuous disclosure informing 34 the called party that: 35 a. By executing the agreement, the called party authorizes 36 the person making or allowing the placement of a telephonic 37 sales call to deliver or cause to be delivered a telephonic 38 sales call to the called party using an automated system for the 39 selection and ordialing of telephone numbers, orthe playing of 40 a recorded message when a connection is completed to a number 41 called, the transmission of a text message, or the transmission 42 of a prerecorded voicemail; and 43 b. He or she is not required to directly or indirectly sign 44 the written agreement or to agree to enter into such an 45 agreement as a condition of purchasing any property, goods, or 46 services. 47 (h) “Signature” includes an electronic or digital 48 signature, including when such signature is made on agreements 49 obtained by a compliant e-mail, website form, text message, 50 telephone keypress, or voice recording, to the extent that such 51 form of signature is recognized as a valid signature under 52 applicable federal law or state contract law. 53 (k) “Unsolicited telephonic sales call” means a telephonic 54 sales call other than a call made: 55 1. Within 120 days after In response toan express request 56 of the personcalled party; 57 2. Primarily in connection with an existing debt or 58 contract, if payment or performance of such debt or contract has 59 not been completed at the time of such call; 60 3. To a person with whom the telephone solicitor has a 61 prior or existing business relationship; or62 4. By a newspaper publisher or his or her agent or employee 63 in connection with his or her business; or 64 5. For the purpose of polling or soliciting the expression 65 of ideas, opinions, or votes, including when such polling or 66 soliciting is made by text message. 67 (8)(a) A person may not make or knowingly allow a 68 telephonic sales call to be made if such call involves an 69 automated system for the selection and ordialing of telephone 70 numbers, orthe playing of a recorded message when a connection 71 is completed to a number called, the transmission of a text 72 message, or the transmission of a prerecorded voicemail without 73 the prior express written consent of the called party. 74 (e) This subsection does not prohibit the use of an 75 automated system for the selection and dialing of telephone 76 numbers with live messages or text messages if the call or 77 message is made solely in response to an inquiry initiated by 78 the called party. However, only three such calls or messages may 79 be made in response to each inquiry. 80 (11)(a) In any civil litigation resulting from a 81 transaction involving aviolation of this section, the 82 prevailing party, after judgment in the trial court and 83 exhaustion of all appeals, if any, shall receive his or her 84 reasonable attorney attorney’sfees and costs from the 85 nonprevailing party. 86 (b) The attorney for the prevailing party shall submit a 87 sworn affidavit of his or her time spent on the case and his or 88 her costs incurred for all the motions, hearings, and appeals to 89 the trial judge who presided over the civil case. 90 (c) The trial judge shall award the prevailing party the 91 sum of reasonable costs incurred in the action plus a reasonable 92 legal fee for the hours actually spent on the case as sworn to 93 in an affidavit. 94 (d) Any award of attorney attorney’sfees or costs shall 95 become a part of the judgment and subject to execution as the 96 law allows. 97 (e) In any civil litigation initiated by the department or 98 the Department of Legal Affairs, the court may award to the 99 prevailing party reasonable attorney attorney’sfees and costs 100 if the court finds that there was a complete absence of a 101 justiciable issue of either law or fact raised by the losing 102 party or if the court finds bad faith on the part of the losing 103 party. 104 Section 2. The amendments made by this act to s. 501.059, 105 Florida Statutes, are remedial in nature and apply retroactively 106 to July 1, 2021, and to any proceeding pending or commenced on 107 or after July 1, 2021. 108 Section 3. This act shall take effect July 1, 2022.