Florida 2025 Regular Session

Florida House Bill H1271 Compare Versions

Only one version of the bill is available at this time.
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1010 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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1414 A bill to be entitled 1
1515 An act relating to campaign communications; amending 2
1616 s. 106.147, F.S.; prohibiting campaign -related 3
1717 telephone calls and text messages to specified voters; 4
1818 requiring candidates and other persons or 5
1919 organizations to cease immediately all communications 6
2020 with certain voters; specifying how a voter indicates 7
2121 that he or she no longer consents to such 8
2222 communications; authorizing a voter to bring a certain 9
2323 action in a court of competent jurisdiction; providing 10
2424 that such voter is entitled to reasonable attorney 11
2525 fees and costs under a specified circumstance; 12
2626 specifying applicable penalties; providing an 13
2727 effective date. 14
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2929 Be It Enacted by the Legislature of the Sta te of Florida: 16
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3131 Section 1. Present subsection (4) of section 106.147, 18
3232 Florida Statutes, is redesignated as subsection (5), a new 19
3333 subsection (4) is added to that section, and present subsection 20
3434 (4) of that section is amended, to read: 21
3535 106.147 Text message and telephone solicitation; 22
3636 disclosure requirements; prohibitions; exemptions; penalties. — 23
3737 (4)(a) A voter who indicates that he or she does not 24
3838 consent to receive communications, whether by telephone call or 25
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4747 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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5151 text message, may not be sent any communi cation pursuant to this 26
5252 section. The candidate, person, or organization responsible for 27
5353 such communications shall cease all communications with such 28
5454 voter immediately upon receipt of the voter's indication that he 29
5555 or she does not consent to receive such co mmunication. For the 30
5656 purposes of this subsection, a voter may indicate that he or she 31
5757 no longer consents to receive such communications, in the case 32
5858 of a telephone call, upon the voter indicating on the call that 33
5959 he or she no longer wishes to receive such calls, or, in the 34
6060 case of a text message, upon the voter responding to the text 35
6161 message with "Stop." 36
6262 (b) If the candidate, person, or organization does not 37
6363 cease communicating with the voter after receiving his or her 38
6464 indication pursuant to paragraph (a) , the voter may bring an 39
6565 action in a court of competent jurisdiction to enjoin the 40
6666 violation. A voter who successfully enjoins the violation is 41
6767 entitled to reasonable attorney fees and costs. 42
6868 (5)(a)(4)(a) A Any person who willfully violates this 43
6969 section commits a misdemeanor of the first degree, punishable as 44
7070 provided in s. 775.082 or s. 775.083. 45
7171 (b) For purposes of paragraph (a), the term "person" 46
7272 includes any individual or organization making an independent 47
7373 expenditure; any candidate; any officer of a ny political 48
7474 committee, affiliated party committee, or political party 49
7575 executive committee; any officer, partner, attorney, or other 50
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8484 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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8888 representative of a corporation, partnership, or other business 51
8989 entity; and any agent or other person acting on behalf of a ny 52
9090 candidate, political committee, affiliated party committee, 53
9191 political party executive committee, or corporation, 54
9292 partnership, or other business entity. 55
9393 Section 2. This act shall take effect July 1, 2025. 56