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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.; providing and revising definitions; 3
conforming provisions; authorizing the use of 4
automated systems with live messages or text messages 5
in response to certain inquiries; providing a 6
limitation; prohibiting certain telephonic sales 7
calls; revising provisions for the award of attorney 8
fees and costs; providing retroactive applicability; 9
providing an effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
13
Section 1. Subsections (9) through (13) of section 14
501.059, Florida Statutes, are renumbered as subsections (10) 15
through (14), respectively, subsections (1) and (2), par agraph 16
(a) of subsection (8), and paragraphs (a), (d), and (e) of 17
present subsection (11) are amended, paragraph (e) is added to 18
subsection (8), and a new subsection (9) is added to that 19
section, to read: 20
501.059 Telephone solicitation. — 21
(1) As used in this section, the term: 22
(a) "Automated system" means a computerized, mechanical, 23
or other technological system or device that creates a telephone 24
number, stores or selects any telephone number from any database 25
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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
or list, and then causes that telephone nu mber to be called. The 26
term includes any system which the caller or any other person 27
operates by click-to-call or which the caller or any other 28
person selects telephone numbers from a list to call. The term 29
does not include a user selecting telephone numbe rs from a 30
contact list or telephone log on a cellular, handheld, or 31
landline device. 32
(b)(a) "Called party" means a person who is the regular 33
user of the telephone number that receives a telephonic sales 34
call. 35
(c) "Caller" means a natural person who cau ses a call to 36
be made and who is ready to speak to the called party at the 37
time the call is made. 38
(d)(b) "Consumer" means an actual or prospective 39
purchaser, lessee, or recipient of consumer goods or services. 40
(e)(c) "Consumer goods or services" means real property or 41
tangible or intangible personal property or services that are is 42
normally used for personal, family, or household purposes . The 43
term includes, including, but is not limited to, any such 44
property intended to be attached to or installed in a ny real 45
property without regard to whether it is so attached or 46
installed, as well as cemetery lots and timeshare estates, and 47
any related services related to such property . 48
(f)(d) "Department" means the Department of Agriculture 49
and Consumer Services. 50
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(g)(e) "Doing business in this state" means businesses 51
that conduct telephonic sales calls from a location in Florida 52
or from other states or nations to consumers located in Florida. 53
(h)(f) "Merchant" means a person who, directly or 54
indirectly, offers o r makes available to consumers any consumer 55
goods or services. 56
(i)(g) "Prior express written consent" means a written 57
agreement that: 58
1. Bears the signature of the called party; 59
2. Clearly authorizes the person making or allowing the 60
placement of a telephonic sales call by telephone call, text 61
message, or voicemail transmission to deliver or cause to be 62
delivered to the called party a telephonic sales call using an 63
automated system for the selection and or dialing of telephone 64
numbers, the playing of a recorded message when a connection is 65
completed to a number called, the transmission of a text 66
message, or the transmission of a prerecorded voicemail; 67
3. Includes the telephone n umber to which the signatory 68
authorizes a telephonic sales call to be delivered; and 69
4. Includes a clear and conspicuous disclosure informing 70
the called party that: 71
a. By executing the agreement, the called party authorizes 72
the person making or allowin g the placement of a telephonic 73
sales call to deliver or cause to be delivered a telephonic 74
sales call to the called party using an automated system for the 75
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selection and or dialing of telephone numbers or the playing of 76
a recorded message when a connectio n is completed to a number 77
called, the transmission of a text message, or the transmission 78
of a prerecorded voicemail ; and 79
b. He or she is not required to directly or indirectly 80
sign the written agreement or to agree to enter into such an 81
agreement as a condition of purchasing any property, goods, or 82
services. 83
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For purposes of subparagraph 4., a designated signature line 85
with the following notice in at least 12 -point bold font within 86
2 inches of the signature is presumptively satisfactory in form: 87
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By signing below, you authorize [NAME] to place a 89
telephonic sales call to you at [TELEPHONE NUMBER] by way 90
of telephone calls, text messages, or voicemail 91
transmissions using an automated system for the selection 92
and/or dialing of telephone numbers or the playi ng of a 93
recorded message when a connection is completed to your 94
telephone number. YOU ARE NOT REQUIRED TO PROVIDE SUCH 95
AUTHORIZATION AS A CONDITION OF PURCHASING ANY PROPERTY, 96
GOODS, OR SERVICES. 97
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(j) "Selection" means to store or randomly produce 99
telephone numbers to be called and to create a list of called 100
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parties without manual intervention. 101
(k)(h) "Signature" includes an electronic or digital 102
signature, including agreements obtained through a compliant e -103
mail, website form, text message, telephone k eypress, or voice 104
recording, to the extent that such form of signature is 105
recognized as a valid signature under applicable federal law or 106
state contract law. 107
(l)(i) "Telephone solicitor" means a natural person, firm, 108
organization, partnership, associatio n, or corporation, or a 109
subsidiary or affiliate thereof, doing business in this state, 110
who makes or causes to be made a telephonic sales call, 111
including, but not limited to, calls made by use of automated 112
dialing or recorded message devices. 113
(m)(j) "Telephonic sales call" means a telephone call, 114
text message, or voicemail transmission to a consumer for the 115
purpose of soliciting a sale or acquisition of any consumer 116
goods or services, soliciting an extension of credit for 117
consumer goods or services, or obt aining information that will 118
or may be used for the direct solicitation of a sale or 119
acquisition of consumer goods or services or an extension of 120
credit for such purposes. 121
(n)(k) "Unsolicited telephonic sales call" means a 122
telephonic sales call other tha n a call made: 123
1. Within 120 days after In response to an express request 124
of the person called party; 125
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2. Primarily in connection with an existing debt or 126
contract, if payment or performance of such debt or contract has 127
not been completed at the time of such call; 128
3. To a person with whom the telephone solicitor has a 129
prior or existing business relationship; or 130
4. By a newspaper publisher or his or her agent or 131
employee in connection with his or her business ; 132
5. To a person who has provided prior e xpress written 133
consent to be contacted; or 134
6. For the purpose of polling or soliciting the expression 135
of ideas, opinions, or votes, including when such polling or 136
soliciting is made by text message . 137
(o)(l) "Voicemail transmission" means technologies th at 138
deliver a voice message directly to a voicemail application, 139
service, or device. 140
(2) Any telephone solicitor who makes an unsolicited 141
telephonic sales call to a called party residential, mobile, or 142
telephonic paging device telephone number shall identify himself 143
or herself by his or her true first and last names and the 144
business on whose behalf he or she is soliciting immediately 145
upon making contact by telephone with the called party person 146
who is the object of the telephone solicitation . 147
(8)(a) A telephone solicitor person may not make or 148
knowingly allow an unsolicited a telephonic sales call to be 149
made if such call involves an automated system for the selection 150
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and or dialing of telephone numbers or the playing of a recorded 151
message when a connectio n is completed to a number called , the 152
transmission of a text message, or the transmission of a 153
prerecorded voicemail without the prior express written consent 154
of the called party. 155
(e) This subsection does not prohibit the use of an 156
automated system for the selection and dialing of telephone 157
numbers with live messages or text messages if the call or 158
message is made solely in response to an inquiry initiated by 159
the called party. However, only three such calls or messages may 160
be made in response to each inq uiry. 161
(9)(a) A telephone solicitor may not cause any unsolicited 162
telephonic sales call to be initiated by use of any automated 163
system. 164
(b) A telephone solicitor may not cause any telephonic 165
sales call to be initiated by any person other than the caller. 166
(12)(11)(a) In any civil litigation resulting from a 167
transaction involving a violation of this section, the 168
prevailing party, after judgment in the trial court and 169
exhaustion of all appeals, if any, shall receive his or her 170
reasonable attorney attorney's fees and costs from the 171
nonprevailing party. 172
(d) Any award of attorney attorney's fees or costs shall 173
become a part of the judgment and subject to execution as the 174
law allows. 175
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(e) In any civil litigation initiated by the department or 176
the Department of Legal Affairs, the court may award to the 177
prevailing party reasonable attorney attorney's fees and costs 178
if the court finds that there was a complete absence of a 179
justiciable issue of either law or fact raised by the losing 180
party or if the court finds bad faith on the part of the losing 181
party. 182
Section 2. The amendments made by this act are remedial in 183
nature and apply retroactively to July 1, 2021, and to any 184
proceeding pending or commenced on or after July 1, 2021, except 185
that the amendments made by this act to s. 501.059(12), Florida 186
Statutes, relating to attorney fees and costs, do not apply 187
retroactively. 188
Section 3. This act shall take effect July 1, 2022. 189