CS/HB 1095 2022
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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 or text messages in 5
response to certain inquiries; providing a limitation; 6
revising provisions for the award of attorney fees and 7
costs; providing for retroactive applicability; 8
providing an effective date. 9
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Be It Enacted by the Legislature of the State of Florida: 11
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Section 1. Paragraphs (g) and (k) of subsection (1), 13
paragraph (a) of subsection (8), and subsection (11) of section 14
501.059, Florida Statutes, are amended, and paragraph (e) is 15
added to subsection (8) of that section, to read: 16
501.059 Telephone solicitation. — 17
(1) As used in this section, the term: 18
(g) "Prior express written consent" means a written 19
agreement that: 20
1. Bears the signature of the called party; 21
2. Clearly authorizes the person mak ing or allowing the 22
placement of a telephonic sales call by telephone call, text 23
message, or voicemail transmission to deliver or cause to be 24
delivered to the called party a telephonic sales call using an 25
CS/HB 1095 2022
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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
automated system for the selection and or dialing of telephone 26
numbers, the playing of a recorded message when a connection is 27
completed to a number called, the transmission of a text 28
message, or the transmission of a prerecorded voicemail; 29
3. Includes the telephone number to which the signatory 30
authorizes a telephonic sales call to be delivered; and 31
4. Includes a clear and conspicuous disclosure informing 32
the called party that: 33
a. By executing the agreement, the called party authorizes 34
the person making or allowing the placement of a telephonic 35
sales call to deliver or cause to be delivered a telephonic 36
sales call to the called party using an automated system for the 37
selection and or dialing of telephone numbers or the playing of 38
a recorded message when a connection is completed to a number 39
called; and 40
b. He or she is not required to directly or indirectly 41
sign the written agreement or to agree to enter into such an 42
agreement as a condition of purchasing any property, goods, or 43
services. 44
(k) "Unsolicited telephonic sales call" means a telephonic 45
sales call other than a call made: 46
1. Within 120 days after In response to an express request 47
of the person called party; 48
2. Primarily in connection with an existing debt or 49
contract, if payment or performance of such debt or contract has 50
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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
not been completed at the time of such call; 51
3. To a person with whom the telephone solicitor has a 52
prior or existing business relationship; or 53
4. By a newspaper publisher or his or her agent or 54
employee in connection with his or her business. 55
(8)(a) A person may not make or knowingly allow a 56
telephonic sales call to be made if such call involves an 57
automated system for the selection and or dialing of telephone 58
numbers or the playing of a recorded message when a connection 59
is completed to a number called witho ut the prior express 60
written consent of the called party. 61
(e) This subsection does not prohibit the use of an 62
automated telephone dialing system with live messages or text 63
messages if the call or message is made solely in response to an 64
inquiry initiated by the called party. However, only two such 65
calls or messages may be made in response to each inquiry. 66
(11)(a) In any civil litigation resulting from a 67
transaction involving a violation of this section, the 68
prevailing party, after judgment in the trial court and 69
exhaustion of all appeals, if any, shall receive his or her 70
reasonable attorney attorney's fees and costs from the 71
nonprevailing party. 72
(b) The attorney for the prevailing party shall submit a 73
sworn affidavit of his or her time spent on the cas e and his or 74
her costs incurred for all the motions, hearings, and appeals to 75
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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
the trial judge who presided over the civil case. 76
(c) The trial judge shall award the prevailing party the 77
sum of reasonable costs incurred in the action plus a reasonable 78
legal fee for the hours actually spent on the case as sworn to 79
in an affidavit. 80
(d) Any award of attorney attorney's fees or costs shall 81
become a part of the judgment and subject to execution as the 82
law allows. 83
(e) In any civil litigation initiated by the department or 84
the Department of Legal Affairs, the court may award to the 85
prevailing party reasonable attorney attorney's fees and costs 86
if the court finds that there was a complete absence of a 87
justiciable issue of either law or fact raised by the losing 88
party or if the court finds bad faith on the part of the losing 89
party. 90
Section 2. The amendments made by this act to s. 501.059, 91
Florida Statutes, are remedial in nature and apply retroactively 92
to July 1, 2021, and to any proceeding pending or commence d on 93
or after July 1, 2021. 94
Section 3. This act shall take effect July 1, 2022. 95