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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
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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 applicability; 6
providing an effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
10
Section 1. Paragraphs (g) and (h) of subsection (1) and 11
paragraph (a) of subsection (8) of section 501.059, Florida 12
Statutes, are amended, and paragraph (c) is added to subsection 13
(10) of that section, to read: 14
501.059 Telephone solicitation. — 15
(1) As used in this section, the term: 16
(g) "Prior express written c onsent" means a written 17
agreement that: 18
1. Bears the signature of the called party; 19
2. Clearly authorizes the person making or allowing the 20
placement of a telephonic sales call by telephone call, text 21
message, or voicemail transmission to deliver or ca use to be 22
delivered to the called party a telephonic sales call using an 23
automated system for the selection and or dialing of telephone 24
numbers, the playing of a recorded message when a connection is 25
ENROLLED
CS/CS/HB 761, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb0761-04-er
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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
completed to a number called, or the transmission of a 26
prerecorded voicemail; 27
3. Includes the telephone number to which the called party 28
signatory authorizes a telephonic sales call to be delivered; 29
and 30
4. Includes a clear and conspicuous disclosure informing 31
the called party that: 32
a. By executing the agr eement, the called party authorizes 33
the person making or allowing the placement of a telephonic 34
sales call to be made by telephone call, text message, or 35
voicemail transmission to deliver or cause to be delivered a 36
telephonic sales call to the called party a telephonic sales 37
call using an automated system for the selection and or dialing 38
of telephone numbers , if applicable, or the playing of a 39
recorded message when a connection is completed to a number 40
called, or the transmission of a prerecorded voicemail ; and 41
b. He or she is not required to directly or indirectly 42
sign the written agreement or to agree to enter into such an 43
agreement as a condition of purchasing any property, goods, or 44
services. 45
(h) "Signature" includes : 46
1. An electronic or digital si gnature if, to the extent 47
that such form of signature is recognized as a valid signature 48
under applicable federal law or state contract law ; or 49
2. An act that demonstrates express consent, including, 50
ENROLLED
CS/CS/HB 761, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb0761-04-er
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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
but not limited to, checking a box indicating consent or 51
responding affirmatively to receiving text messages, to an 52
advertising campaign, or to an e -mail solicitation. 53
(8)(a) A person may not make or knowingly allow to be made 54
an unsolicited a telephonic sales call to be made if such call 55
involves an automated system for the selection and or dialing of 56
telephone numbers or the playing of a recorded message when a 57
connection is completed to a number called without the prior 58
express written consent of the c alled party. 59
(10) 60
(c) Before the commencement of any action for damages 61
under this section for text message solicitations, the called 62
party must notify the telephone solicitor that the called party 63
does not wish to receive text messages from the telepho ne 64
solicitor by replying "STOP" to the number from which the called 65
party received text messages from the telephone solicitor. 66
Within 15 days after receipt of such notice, the telephone 67
solicitor shall cease sending text message solicitations to the 68
called party and may not send text messages to the called party 69
thereafter, except that the telephone solicitor may send the 70
called party a text message to confirm receipt of the notice. 71
The called party may bring an action under this section only if 72
the called party does not consent to receive text messages from 73
the telephone solicitor and the telephone solicitor continues to 74
send text messages to the called party 15 days after the called 75
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CS/CS/HB 761, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
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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
party provided notice to the telephone solicitor to cease such 76
text messages. 77
Section 2. The amendments made by this act apply to any 78
suit filed on or after the effective date of this act and to any 79
putative class action not certified on or before the effective 80
date of this act. 81
Section 3. This act shall take effect upon becoming a law. 82