Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1308
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Commerce and Tourism (Yarborough) 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 (h) of subsection (1) and
    6  paragraph (a) of subsection (8) of section 501.059, Florida
    7  Statutes, are amended, and paragraph (c) is added to subsection
    8  (10) 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, or the transmission of a
   21  prerecorded voicemail;
   22         3. Includes the telephone number to which the called party
   23  signatory authorizes a telephonic sales call to be delivered;
   24  and
   25         4. Includes a clear and conspicuous disclosure informing
   26  the called party that:
   27         a. By executing the agreement, the called party authorizes
   28  the person making or allowing the placement of a telephonic
   29  sales call to be made by telephone call, text message, or
   30  voicemail transmission to deliver or cause to be delivered a
   31  telephonic sales call to the called party a telephonic sales
   32  call using an automated system for the selection and or dialing
   33  of telephone numbers, if applicable, or the playing of a
   34  recorded message when a connection is completed to a number
   35  called, or the transmission of a prerecorded voicemail; and
   36         b. He or she is not required to directly or indirectly sign
   37  the written agreement or to agree to enter into such an
   38  agreement as a condition of purchasing any property, goods, or
   39  services.
   40         (h) “Signature” includes:
   41         1. An electronic or digital signature if, to the extent
   42  that such form of signature is recognized as a valid signature
   43  under applicable federal law or state contract law; and
   44         2. An act that demonstrates express consent, including, but
   45  not limited to, checking a box indicating consent or responding
   46  affirmatively to receiving text messages, to an advertising
   47  campaign, or to an e-mail solicitation.
   48         (8)(a) A person may not make or knowingly allow to be made
   49  an unsolicited a telephonic sales call to be made if such call
   50  involves an automated system for the selection or dialing of
   51  telephone numbers or the playing of a recorded message when a
   52  connection is completed to a number called without the prior
   53  express written consent of the called party.
   54         (10)
   55         (c) Notwithstanding any other provision of this section, no
   56  action shall lie for a violation of subsection (8) for any
   57  communication made within 30 days of:
   58         1. The called party or consumer communicating with a
   59  telephone solicitor or other person, orally or by text message,
   60  that such called party or consumer does not wish to receive any
   61  communications from that telephone solicitor or person or the
   62  seller or organization represented by that telephone solicitor
   63  or person.
   64         2. The called party or consumer effectively withdrawing a
   65  previously given valid consent.
   66         Section 2. This act shall take effect upon becoming a law.
   67  
   68  ================= T I T L E  A M E N D M E N T ================
   69  And the title is amended as follows:
   70         Delete everything before the enacting clause
   71  and insert:
   72                        A bill to be entitled                      
   73         An act relating to telephone solicitation; amending s.
   74         501.059, F.S.; revising definitions; prohibiting
   75         certain telephonic sales calls; providing conditions
   76         under which civil actions may not be brought for
   77         specified violations; providing an effective date.