HB 761 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0761-00
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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.; providing and revising definitions; 3
prohibiting certain telephonic sales calls; providing 4
retroactive applicability; providing an effective 5
date. 6
7
Be It Enacted by the Legislature of the State of Florida: 8
9
Section 1. Paragraphs (a) through (l) of subsection (1) of 10
section 501.059, Florida Statutes, are redesignated as 11
paragraphs (b) through (m), respectively, a new paragraph (a) is 12
added to that subsection, present paragraphs (g) and (h) of that 13
subsection are amended, and paragraph (a) of subsection (8) of 14
that section is amended to read: 15
501.059 Telephone solicitation. — 16
(1) As used in this section, the term: 17
(a) "Automatic telephone dialing system" means equipment 18
using a random or sequential number generator that: 19
1. Stores or produces telephone numbers; and 20
2. Dials the stored or produced telephone numbers. 21
(h)(g) "Prior express written consent" means a written 22
agreement that: 23
1. Bears the signature of the called party; 24
2. Clearly authorizes the person making or allowing the 25
HB 761 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0761-00
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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
placement of a telephonic sales call by telephone call, text 26
message, or voicemail transmission to deliver or cause to be 27
delivered to the called party a telephonic sales call using an 28
automatic telephone dialing automated system for the selection 29
and or dialing of telephone numbers, the playing of a recorded 30
message when a connection is completed to a number called, or 31
the transmission of a prerecorded voicemail; 32
3. Includes the telephone number to which the called party 33
signatory authorizes a telephonic sales call to be delivered; 34
and 35
4. Includes a clear and conspicuous disclosure informing 36
the called party that: 37
a. By executing the agreement, the called party authorizes 38
the person making or allowing the placement of a telephonic 39
sales call to be made by telephone call, text message, or 40
voicemail transmission to deliver or cause to be delivered a 41
telephonic sales call to the called party a telephonic sales 42
call using an automatic telephone dialing automated system for 43
the selection and or dialing of telephone numbers , if 44
applicable, or the playing of a recorded message when a 45
connection is completed to a number called , or the transmission 46
of a prerecorded voicemail ; and 47
b. He or she is not required to directly or indirectly 48
sign the written agreement or to agree to enter into such an 49
agreement as a condition of purchasing any property, goods, o r 50
HB 761 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0761-00
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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
services. 51
(i)(h) "Signature" includes an act or electronic or 52
digital signature, to the extent that the act demonstrates 53
express consent or the such form of signature is recognized as a 54
valid signature under applicable federal law or state contract 55
law. 56
(8)(a) A person may not make or knowingly allow to be made 57
an unsolicited a telephonic sales call using to be made if such 58
call involves an automatic telephone dialing automated system 59
for the selection and or dialing of telephone numbers or the 60
playing of a recorded message when a connection is completed to 61
a number called without the prior express written consent of the 62
called party. 63
Section 2. The amendments made by this act are remedial in 64
nature and apply retroactively to July 1, 2021, and to any 65
proceeding pending or commenced on or after July 1, 2021. 66
Section 3. This act shall take effect July 1, 2023. 67