CS/CS/HB 761 2023
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hb0761-02-c2
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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; prohibiting 3
certain telephonic sales calls; providing conditions 4
under which civil actions may be brought for text 5
message solicitations; providing an effective date. 6
7
Be It Enacted by the Legislature of the State of Florida: 8
9
Section 1. Paragraphs (g) and (h) of subsection (1) and 10
paragraph (a) of subsection (8 ) of section 501.059, Florida 11
Statutes, are amended, and paragraph (c) is added to subsection 12
(10) of that section, to read: 13
501.059 Telephone solicitation. — 14
(1) As used in this section, the term: 15
(g) "Prior express written consent" means a written 16
agreement that: 17
1. Bears the signature of the called party; 18
2. Clearly authorizes the person making or allowing the 19
placement of a telephonic sales call by telephone call, text 20
message, or voicemail transmission to deliver or cause to be 21
delivered to the called party a telephonic sales call using an 22
automated system for the selection and or dialing of telephone 23
numbers, the playing of a recorded message when a connection is 24
completed to a number called, or the transmission of a 25
CS/CS/HB 761 2023
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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
prerecorded voicemail; 26
3. Includes the telephone number to which the called party 27
signatory authorizes a telephonic sales call to be delivered; 28
and 29
4. Includes a clear and conspicuous disclosure informing 30
the called party that: 31
a. By executing the agreement, the called party authorizes 32
the person making or allowing the placement of a telephonic 33
sales call to be made by telephone call, text message, or 34
voicemail transmission to deliver or cause to be delivered a 35
telephonic sales call to the called party a telephonic sales 36
call using an automated system for the selection and or dialing 37
of telephone numbers , if applicable, or the playing of a 38
recorded message when a connection is completed to a number 39
called, or the transmission of a prerecorded voicemail ; 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
(h) "Signature" includes : 45
1. An electronic or digital signature if, to the extent 46
that such form of signature is recognized as a valid signature 47
under applicable federal law or state contract law ; or 48
2. An act that demonstrates express consent, including, 49
but not limited to, checking a box indicating consent or 50
CS/CS/HB 761 2023
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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
responding affirmatively to receiving text messages, to an 51
advertising campaign, or to an e -mail solicitation. 52
(8)(a) A person may not make or knowingly allow to be made 53
an unsolicited a telephonic sales call to be made if such call 54
involves an automated system for the selection and or dialing of 55
telephone numbers or the playing of a recorded message when a 56
connection is completed to a number called without the prior 57
express written consent of the called party. 58
(10) 59
(c) Before the commencement of any action for d amages 60
under this section for text message solicitations, the called 61
party must notify the telephone solicitor that the called party 62
does not wish to receive text messages from the telephone 63
solicitor by replying "STOP" to the number from which the called 64
party received text messages from the telephone solicitor. 65
Within 15 days after receipt of such notice, the telephone 66
solicitor shall cease sending text message solicitations to the 67
called party and may not send text messages to the called party 68
thereafter, except that the telephone solicitor may send the 69
called party a text message to confirm receipt of the notice. 70
The called party may bring an action under this section only if 71
the called party does not consent to receive text messages from 72
the telephone solicitor and the telephone solicitor continues to 73
send text messages to the called party 15 days after the called 74
party provided notice to the telephone solicitor to cease such 75
CS/CS/HB 761 2023
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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
text messages. 76
Section 2. This act shall take effect upon becoming a law. 77