Florida Senate - 2023 CS for SB 1308 By the Committee on Commerce and Tourism; and Senators Yarborough and Rodriguez 577-03484-23 20231308c1 1 A bill to be entitled 2 An act relating to telephone solicitation; amending s. 3 501.059, F.S.; revising definitions; prohibiting 4 certain telephonic sales calls; providing conditions 5 under which civil actions may not be brought for 6 specified violations; 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: 14 501.059Telephone solicitation. 15 (1)As used in this section, the term: 16 (g)Prior express written consent 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 cause 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 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 agreement, 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 sign 42 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 signature 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; and 49 2.An act that demonstrates express consent, including, but 50 not limited to, checking a box indicating consent or responding 51 affirmatively to receiving text messages, to an advertising 52 campaign, or to an e-mail solicitation. 53 (8)(a)A person may not make or knowingly allow to be made 54 a telephonic sales call to be made if such call involves an 55 automated system for the selection or dialing of telephone 56 numbers or the playing of a recorded message when a connection 57 is completed to a number called without the prior express 58 written consent of the called party. 59 (10) 60 (c)Notwithstanding any other provision of this section, no 61 action shall lie for a violation of subsection (8) for up to two 62 communications made within 15 business days after any of the 63 following: 64 1.The called party or consumer communicating with a 65 telephone solicitor or other person, orally or by text message, 66 that such called party or consumer does not wish to receive any 67 communications from that telephone solicitor or person or the 68 seller or organization represented by that telephone solicitor 69 or person. 70 2.The called party or consumer effectively withdrawing a 71 previously given valid consent. 72 Section 2.This act shall take effect upon becoming a law.