Florida Senate - 2023                                    SB 1308
       
       
        
       By Senator Yarborough
       
       
       
       
       
       4-00182B-23                                           20231308__
    1                        A bill to be entitled                      
    2         An act relating to telephone solicitation; amending s.
    3         501.059, F.S.; providing and revising definitions;
    4         prohibiting certain telephonic sales calls; providing
    5         retroactive applicability; providing an effective
    6         date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Present paragraphs (a) through (l) of subsection
   11  (1) of section 501.059, Florida Statutes, are redesignated as
   12  paragraphs (b) through (m), respectively, a new paragraph (a) is
   13  added to that subsection, and present paragraphs (g) and (h) of
   14  that subsection and paragraph (a) of subsection (8) of that
   15  section are amended, to read:
   16         501.059 Telephone solicitation.—
   17         (1) As used in this section, the term:
   18         (a) “Automatic telephone dialing system” means equipment
   19  using a random or sequential number generator that:
   20         1. Stores or produces telephone numbers; and
   21         2. Dials the stored or produced telephone numbers.
   22         (h)(g) “Prior express written consent” means a written
   23  agreement that:
   24         1. Bears the signature of the called party;
   25         2. Clearly authorizes the person making or allowing the
   26  placement of a telephonic sales call by telephone call, text
   27  message, or voicemail transmission to deliver or cause to be
   28  delivered to the called party a telephonic sales call using an
   29  automatic telephone dialing automated system for the selection
   30  and or dialing of telephone numbers, the playing of a recorded
   31  message when a connection is completed to a number called, or
   32  the transmission of a prerecorded voicemail;
   33         3. Includes the telephone number to which the called party
   34  signatory authorizes a telephonic sales call to be delivered;
   35  and
   36         4. Includes a clear and conspicuous disclosure informing
   37  the called party that:
   38         a. By executing the agreement, the called party authorizes
   39  the person making or allowing the placement of a telephonic
   40  sales call to be made by telephone call, text message, or
   41  voicemail transmission to deliver or cause to be delivered a
   42  telephonic sales call to the called party a telephonic sales
   43  call using an automatic telephone dialing automated system for
   44  the selection and or dialing of telephone numbers, if
   45  applicable, or the playing of a recorded message when a
   46  connection is completed to a number called, or the transmission
   47  of a prerecorded voicemail; and
   48         b. He or she is not required to directly or indirectly sign
   49  the written agreement or to agree to enter into such an
   50  agreement as a condition of purchasing any property, goods, or
   51  services.
   52         (i)(h) “Signature” includes:
   53         1. An electronic or digital signature, if to the extent
   54  that such form of signature is recognized as a valid signature
   55  under applicable federal law or state contract law; and
   56         2. An act that demonstrates express consent, including, but
   57  not limited to, checking a box indicating consent or responding
   58  affirmatively to receiving text messages, to an advertising
   59  campaign, or to an e-mail solicitation.
   60         (8)(a) A person may not make or knowingly allow to be made
   61  an unsolicited a telephonic sales call using to be made if such
   62  call involves an automatic telephone dialing automated system
   63  for the selection and or dialing of telephone numbers or the
   64  playing of a recorded message when a connection is completed to
   65  a number called without the prior express written consent of the
   66  called party.
   67         Section 2. The amendments made by this act are remedial in
   68  nature and apply retroactively to July 1, 2021, and to any
   69  proceeding pending on or after July 1, 2021.
   70         Section 3. This act shall take effect July 1, 2023.