Florida Senate - 2023 SB 1308 By Senator Yarborough 4-00182B-23 20231308__ 1 A bill to be entitled 2 An act relating to telephone solicitation; amending s. 3 501.059, F.S.; providing and revising definitions; 4 prohibiting certain telephonic sales calls; providing 5 retroactive applicability; providing an effective 6 date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1.Present paragraphs (a) through (l) of subsection 11 (1) of section 501.059, Florida Statutes, are redesignated as 12 paragraphs (b) through (m), respectively, a new paragraph (a) is 13 added to that subsection, and present paragraphs (g) and (h) of 14 that subsection and paragraph (a) of subsection (8) of that 15 section are amended, to read: 16 501.059Telephone solicitation. 17 (1)As used in this section, the term: 18 (a)Automatic telephone dialing system means equipment 19 using a random or sequential number generator that: 20 1.Stores or produces telephone numbers; and 21 2.Dials the stored or produced telephone numbers. 22 (h)(g)Prior express written consent means a written 23 agreement that: 24 1.Bears the signature of the called party; 25 2.Clearly authorizes the person making or allowing the 26 placement of a telephonic sales call by telephone call, text 27 message, or voicemail transmission to deliver or cause to be 28 delivered to the called party a telephonic sales call using an 29 automatic telephone dialing automated system for the selection 30 and or dialing of telephone numbers, the playing of a recorded 31 message when a connection is completed to a number called, or 32 the transmission of a prerecorded voicemail; 33 3.Includes the telephone number to which the called party 34 signatory authorizes a telephonic sales call to be delivered; 35 and 36 4.Includes a clear and conspicuous disclosure informing 37 the called party that: 38 a.By executing the agreement, the called party authorizes 39 the person making or allowing the placement of a telephonic 40 sales call to be made by telephone call, text message, or 41 voicemail transmission to deliver or cause to be delivered a 42 telephonic sales call to the called party a telephonic sales 43 call using an automatic telephone dialing automated system for 44 the selection and or dialing of telephone numbers, if 45 applicable, or the playing of a recorded message when a 46 connection is completed to a number called, or the transmission 47 of a prerecorded voicemail; and 48 b.He or she is not required to directly or indirectly sign 49 the written agreement or to agree to enter into such an 50 agreement as a condition of purchasing any property, goods, or 51 services. 52 (i)(h)Signature includes: 53 1.An electronic or digital signature, if to the extent 54 that such form of signature is recognized as a valid signature 55 under applicable federal law or state contract law; and 56 2.An act that demonstrates express consent, including, but 57 not limited to, checking a box indicating consent or responding 58 affirmatively to receiving text messages, to an advertising 59 campaign, or to an e-mail solicitation. 60 (8)(a)A person may not make or knowingly allow to be made 61 an unsolicited a telephonic sales call using to be made if such 62 call involves an automatic telephone dialing automated system 63 for the selection and or dialing of telephone numbers or the 64 playing of a recorded message when a connection is completed to 65 a number called without the prior express written consent of the 66 called party. 67 Section 2.The amendments made by this act are remedial in 68 nature and apply retroactively to July 1, 2021, and to any 69 proceeding pending on or after July 1, 2021. 70 Section 3.This act shall take effect July 1, 2023.