HB 1095 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1095-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to telephone solicitation; amending s. 2
501.059, F.S.; revising definitions; conforming a 3
provision; authorizing the use of automated telephone 4
dialing systems with live messages in response to 5
certain inquiries; providing a limitation; revising 6
provisions for the award of attorney fees and costs; 7
providing an effective date. 8
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Be It Enacted by the Legislature of the State of Florida: 10
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Section 1. Paragraphs (g) and (k) of subsection (1), 12
paragraph (a) of subsection (8), and subsection (11) of section 13
501.059, Florida Statutes, are amended, and paragraph (e) is 14
added to subsection (8) of that section, to read: 15
501.059 Telephone solicitation .— 16
(1) As used in this section, the term: 17
(g) "Prior express written consent" means a written 18
agreement that: 19
1. Bears the signature of the called party; 20
2. Clearly authorizes the person making or allowing the 21
placement of a telephonic sales call b y telephone call, text 22
message, or voicemail transmission to deliver or cause to be 23
delivered to the called party a telephonic sales call using an 24
automated system for the selection and or dialing of telephone 25
HB 1095 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1095-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
numbers, the playing of a recorded message whe n a connection is 26
completed to a number called, or the transmission of a 27
prerecorded voicemail; 28
3. Includes the telephone number to which the signatory 29
authorizes a telephonic sales call to be delivered; and 30
4. Includes a clear and conspicuous disclosu re 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 deliver or cause to be delivered a telephonic 35
sales call to the called party using an automated system for the 36
selection and or dialing of telephone numbers or the playing of 37
a recorded message when a connection is completed to a number 38
called; and 39
b. He or she is not required to directly or indirectly 40
sign the written agreement or to ag ree to enter into such an 41
agreement as a condition of purchasing any property, goods, or 42
services. 43
(k) "Unsolicited telephonic sales call" means a telephonic 44
sales call other than a call made: 45
1. Within 120 days after In response to an express request 46
of the person called party; 47
2. Primarily in connection with an existing debt or 48
contract, if payment or performance of such debt or contract has 49
not been completed at the time of such call; 50
HB 1095 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1095-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3. To a person with whom the telephone solicitor has a 51
prior or existing business relationship; or 52
4. By a newspaper publisher or his or her agent or 53
employee in connection with his or her business. 54
(8)(a) A person may not make or knowingly allow a 55
telephonic sales call to be made if such call involves an 56
automated system for the selection and or dialing of telephone 57
numbers or the playing of a recorded message when a connection 58
is completed to a number called without the prior express 59
written consent of the called party. 60
(e) This subsection does not prohibit t he use of an 61
automated telephone dialing system with live messages if the 62
call is made or message is given solely in response to an 63
inquiry initiated by the called party. However, only two calls 64
may be made or messages given in response to each such inquir y. 65
(11)(a) In any civil litigation resulting from a 66
transaction involving a violation of this section, the 67
prevailing party, after judgment in the trial court and 68
exhaustion of all appeals, if any, shall receive his or her 69
reasonable attorney attorney's fees and costs from the 70
nonprevailing party. 71
(b) The attorney for the prevailing party shall submit a 72
sworn affidavit of his or her time spent on the case and his or 73
her costs incurred for all the motions, hearings, and appeals to 74
the trial judge who pre sided over the civil case. 75
HB 1095 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1095-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(c) The trial judge shall award the prevailing party the 76
sum of reasonable costs incurred in the action plus a reasonable 77
legal fee for the hours actually spent on the case as sworn to 78
in an affidavit. 79
(d) Any award of attorney attorney's fees or costs shall 80
become a part of the judgment and subject to execution as the 81
law allows. 82
(e) In any civil litigation initiated by the department or 83
the Department of Legal Affairs, the court may award to the 84
prevailing party reasonable attorney attorney's fees and costs 85
if the court finds that there was a complete absence of a 86
justiciable issue of either law or fact raised by the losing 87
party or if the court finds bad faith on the part of the losing 88
party. 89
Section 2. This act shall take effect July 1, 2022. 90