Florida 2023 Regular Session

Florida House Bill H0761 Compare Versions

Version 1 (Old)

Version 2 (New)

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2		-	~~ENROLLED~~
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10	10		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
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14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to telephone solicitation; amending s. 2
16	16		501.059, F.S.; revising definitions; prohibiting 3
17	17		certain telephonic sales calls; providing conditions 4
18	18		under which civil actions may be brought for text 5
19	19		message solicitations; providing applicability; 6
20	20		providing an effective date. 7
21	21		8
22	22		Be It Enacted by the Legislature of the State of Florida: 9
23	23		10
24	24		Section 1. Paragraphs (g) and (h) of subsection (1) and 11
25	25		paragraph (a) of subsection (8) of section 501.059, Florida 12
26	26		Statutes, are amended, and paragraph (c) is added to subsection 13
27	27		(10) of that section, to read: 14
28	28		501.059 Telephone solicitation. — 15
29	29		(1) As used in this section, the term: 16
30	30		(g) "Prior express written c onsent" means a written 17
31	31		agreement that: 18
32	32		1. Bears the signature of the called party; 19
33	33		2. Clearly authorizes the person making or allowing the 20
34	34		placement of a telephonic sales call by telephone call, text 21
35	35		message, or voicemail transmission to deliver or ca use to be 22
36	36		delivered to the called party a telephonic sales call using an 23
37	37		automated system for the selection and or dialing of telephone 24
38	38		numbers, the playing of a recorded message when a connection is 25
39		-	~~ENROLLED~~
40		-	CS/CS/HB 761, Engrossed 1 2023 ~~Legislature~~
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	40	+	CS/CS/HB 761, Engrossed 1 2023
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47	47		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
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51	51		completed to a number called, or the transmission of a 26
52	52		prerecorded voicemail; 27
53	53		3. Includes the telephone number to which the called party 28
54	54		signatory authorizes a telephonic sales call to be delivered; 29
55	55		and 30
56	56		4. Includes a clear and conspicuous disclosure informing 31
57	57		the called party that: 32
58	58		a. By executing the agr eement, the called party authorizes 33
59	59		the person making or allowing the placement of a telephonic 34
60	60		sales call to be made by telephone call, text message, or 35
61	61		voicemail transmission to deliver or cause to be delivered a 36
62	62		telephonic sales call to the called party a telephonic sales 37
63	63		call using an automated system for the selection and or dialing 38
64	64		of telephone numbers , if applicable, or the playing of a 39
65	65		recorded message when a connection is completed to a number 40
66	66		called, or the transmission of a prerecorded voicemail ; and 41
67	67		b. He or she is not required to directly or indirectly 42
68	68		sign the written agreement or to agree to enter into such an 43
69	69		agreement as a condition of purchasing any property, goods, or 44
70	70		services. 45
71	71		(h) "Signature" includes : 46
72	72		1. An electronic or digital si gnature if, to the extent 47
73	73		that such form of signature is recognized as a valid signature 48
74	74		under applicable federal law or state contract law ; or 49
75	75		2. An act that demonstrates express consent, including, 50
76		-	~~ENROLLED~~
77		-	CS/CS/HB 761, Engrossed 1 2023 ~~Legislature~~
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	77	+	CS/CS/HB 761, Engrossed 1 2023
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84	84		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
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88	88		but not limited to, checking a box indicating consent or 51
89	89		responding affirmatively to receiving text messages, to an 52
90	90		advertising campaign, or to an e -mail solicitation. 53
91	91		(8)(a) A person may not make or knowingly allow to be made 54
92	92		an unsolicited a telephonic sales call to be made if such call 55
93	93		involves an automated system for the selection and or dialing of 56
94	94		telephone numbers or the playing of a recorded message when a 57
95	95		connection is completed to a number called without the prior 58
96	96		express written consent of the called party. 59
97	97		(10) 60
98	98		(c) Before the commencement of an y action for damages 61
99	99		under this section for text message solicitations, the called 62
100	100		party must notify the telephone solicitor that the called party 63
101	101		does not wish to receive text messages from the telephone 64
102	102		solicitor by replying "STOP" to the number from whi ch the called 65
103	103		party received text messages from the telephone solicitor. 66
104	104		Within 15 days after receipt of such notice, the telephone 67
105	105		solicitor shall cease sending text message solicitations to the 68
106	106		called party and may not send text messages to the called pa rty 69
107	107		thereafter, except that the telephone solicitor may send the 70
108	108		called party a text message to confirm receipt of the notice. 71
109	109		The called party may bring an action under this section only if 72
110	110		the called party does not consent to receive text messages from 73
111	111		the telephone solicitor and the telephone solicitor continues to 74
112	112		send text messages to the called party 15 days after the called 75
113		-	~~ENROLLED~~
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121	121		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
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125	125		party provided notice to the telephone solicitor to cease such 76
126	126		text messages. 77
127	127		Section 2. The amendments made by this act app ly to any 78
128	128		suit filed on or after the effective date of this act and to any 79
129	129		putative class action not certified on or before the effective 80
130	130		date of this act. 81
131	131		Section 3. This act shall take effect upon becoming a law. 82