Florida Senate - 2023                             CS for SB 1308
       
       
        
       By the Committee on Commerce and Tourism; and Senators
       Yarborough and Rodriguez
       
       
       
       
       577-03484-23                                          20231308c1
    1                        A bill to be entitled                      
    2         An act relating to telephone solicitation; amending s.
    3         501.059, F.S.; revising definitions; prohibiting
    4         certain telephonic sales calls; providing conditions
    5         under which civil actions may not be brought for
    6         specified violations; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraphs (g) and (h) of subsection (1) and
   11  paragraph (a) of subsection (8) of section 501.059, Florida
   12  Statutes, are amended, and paragraph (c) is added to subsection
   13  (10) of that section, 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 or dialing 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 called party
   28  signatory authorizes a telephonic sales call to be delivered;
   29  and
   30         4. Includes a clear and conspicuous disclosure informing
   31  the called party that:
   32         a. By executing the agreement, the called party authorizes
   33  the person making or allowing the placement of a telephonic
   34  sales call to be made by telephone call, text message, or
   35  voicemail transmission to deliver or cause to be delivered a
   36  telephonic sales call to the called party a telephonic sales
   37  call using an automated system for the selection and or dialing
   38  of telephone numbers, if applicable, or the playing of a
   39  recorded message when a connection is completed to a number
   40  called, or the transmission of a prerecorded voicemail; and
   41         b. He or she is not required to directly or indirectly sign
   42  the written agreement or to agree to enter into such an
   43  agreement as a condition of purchasing any property, goods, or
   44  services.
   45         (h) “Signature” includes:
   46         1. An electronic or digital signature if, to the extent
   47  that such form of signature is recognized as a valid signature
   48  under applicable federal law or state contract law; and
   49         2.An act that demonstrates express consent, including, but
   50  not limited to, checking a box indicating consent or responding
   51  affirmatively to receiving text messages, to an advertising
   52  campaign, or to an e-mail solicitation.
   53         (8)(a) A person may not make or knowingly allow to be made
   54  a telephonic sales call to be made if such call involves an
   55  automated system for the selection or dialing of telephone
   56  numbers or the playing of a recorded message when a connection
   57  is completed to a number called without the prior express
   58  written consent of the called party.
   59         (10)
   60         (c)Notwithstanding any other provision of this section, no
   61  action shall lie for a violation of subsection (8) for up to two
   62  communications made within 15 business days after any of the
   63  following:
   64         1.The called party or consumer communicating with a
   65  telephone solicitor or other person, orally or by text message,
   66  that such called party or consumer does not wish to receive any
   67  communications from that telephone solicitor or person or the
   68  seller or organization represented by that telephone solicitor
   69  or person.
   70         2.The called party or consumer effectively withdrawing a
   71  previously given valid consent.
   72         Section 2. This act shall take effect upon becoming a law.