Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1308
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Rules (Yarborough) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 48 - 71
    4  and insert:
    5  under applicable federal law or state contract law; or
    6         2.An act that demonstrates express consent, including, but
    7  not limited to, checking a box indicating consent or responding
    8  affirmatively to receiving text messages, to an advertising
    9  campaign, or to an e-mail solicitation.
   10         (8)(a) A person may not make or knowingly allow to be made
   11  an unsolicited a telephonic sales call to be made if such call
   12  involves an automated system for the selection and or dialing of
   13  telephone numbers or the playing of a recorded message when a
   14  connection is completed to a number called without the prior
   15  express written consent of the called party.
   16         (10)
   17         (c)Before the commencement of any action for damages under
   18  this section for text message solicitations, the called party
   19  must notify the telephone solicitor that the called party does
   20  not wish to receive text messages from the telephone solicitor
   21  by replying “STOP” to the number from which the called party
   22  received text messages from the telephone solicitor. Within 15
   23  days after receipt of such notice, the telephone solicitor shall
   24  cease sending text message solicitations to the called party
   25  thereafter, except that the telephone solicitor may send the
   26  called party a text message to confirm receipt of the notice.
   27  The called party may bring an action under this section only if
   28  the called party does not consent to receive text messages from
   29  the telephone solicitor and the telephone solicitor continues to
   30  send text messages to the called party 15 days after the called
   31  party provided notice to the telephone solicitor to cease such
   32  text messages.
   33         Section 2. The amendments made by this act to s. 501.059,
   34  Florida Statutes, apply to any suit filed on or after the
   35  effective date of this act and to any putative class action not
   36  certified on or before the effective date of this act.
   38  ================= T I T L E  A M E N D M E N T ================
   39  And the title is amended as follows:
   40         Delete lines 5 - 6
   41  and insert:
   42         under which civil actions may be brought for text
   43         message solicitations; providing applicability;
   44         providing an effective date.