CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS/HB 3927
Amendment No. 7 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Ogles offered the following:
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13 Amendment
14 On page 2, line 1 through page 5 line 2
15 remove from the bill: all of said lines
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17 and insert in lieu thereof:
18 individuals in this state who do not want to receive uninvited
19 telephonic solicitations to make it known to the public by
20 placing their telephone numbers on the "no telephonic
21 solicitations" list provided in this section. Further, it is
22 the intent of the Legislature to prohibit uninvited telephonic
23 solicitations to such telephone numbers on the "no telephonic
24 solicitations" list. The Legislature finds that the method
25 provided in this section for regulating uninvited telephonic
26 solicitations is drawn in such a manner so as to minimize the
27 burden on solicitation activities.
28 (2)(1) As used in this section:
29 (a) "Telephonic solicitation sales call" means a call
30 made by a telephone solicitor to a residential, mobile, or
31 telephonic paging device telephone number in this state
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File original & 9 copies 04/20/98
hrr0004 03:40 pm 03927-0067-205841
HOUSE AMENDMENT
Bill No. CS/HB 3927
Amendment No. 7 (for drafter's use only)
1 consumer, for the purpose of soliciting a sale of any consumer
2 goods or services, including calls made for the purpose of
3 obtaining information that will or may later be used for the
4 solicitation of a sale of consumer goods or services, or a
5 call made for the purpose of soliciting a contribution of
6 money, property, or financial assistance, or any other thing
7 of value, including requests on behalf of political parties,
8 candidates, or ballot proposals. "Telephonic solicitation"
9 does not mean a call made to a subscriber for the sole purpose
10 of soliciting a vote, attendance at a religious service or
11 event, or a commitment to volunteer time or service, provided
12 that such solicitation does not result in a later solicitation
13 for a monetary donation or payment. or for the purpose of
14 soliciting an extension of credit for consumer goods or
15 services, or for the purpose of obtaining information that
16 will or may be used for the direct solicitation of a sale of
17 consumer goods or services or an extension of credit for such
18 purposes.
19 (b) "Consumer goods or services" means any real
20 property or any tangible or intangible personal property which
21 is normally used for personal, family, or household purposes,
22 including, without limitation, cemetery lots, timeshare
23 estates, financial services, insurance, telecommunications
24 services, and any such property intended to be attached to or
25 installed in any real property without regard to whether it is
26 so attached or installed, as well as cemetery lots and
27 timeshare estates, and any services related to real such
28 property or any tangible or intangible personal property.
29 (c) "Uninvited Unsolicited telephonic solicitation
30 sales call" means a telephonic solicitation to any
31 residential, mobile, or telephonic paging device telephone
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File original & 9 copies 04/20/98
hrr0004 03:40 pm 03927-0067-205841
HOUSE AMENDMENT
Bill No. CS/HB 3927
Amendment No. 7 (for drafter's use only)
1 number unless the telephonic solicitation is sales call other
2 than a call made:
3 1. in response to an express request of the person
4 called, or in response to a sign or other form of
5 advertisement placed by the person called, or is directed to a
6 person with whom the telephone solicitor has a prior or an
7 existing relationship. A telephonic solicitation made in
8 connection with an existing relationship includes, but is not
9 limited to, an inquiry regarding an existing debt, contract,
10 or warranty, payment or performance of which has not been
11 completed at the time of such call.;
12 2. Primarily in connection with an existing debt or
13 contract, payment or performance of which has not been
14 completed at the time of such call;
15 3. To any person with whom the telephone solicitor has
16 a prior or existing business relationship; or
17 4. By a newspaper publisher or his or her agent or
18 employee in connection with his or her business.
19 (d) "Commission" means the Florida Public Service
20 Commission.
21 (e) "Telephone solicitor" means any natural person,
22 firm, organization, partnership, association, or corporation,
23 or a subsidiary or affiliate thereof, doing business in this
24 state, who makes or causes to be made a telephonic
25 solicitation sales call, including, but not limited to, calls
26 made by use of automated dialing or recorded message devices
27 from a location in this state, or from other states or
28 nations, to residences, mobile telephones, or telephonic
29 paging devices in this state.
30 (f) "Subscriber" means any individual who requests
31 that the department place the individual's in-state
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File original & 9 copies 04/20/98
hrr0004 03:40 pm 03927-0067-205841
HOUSE AMENDMENT
Bill No. CS/HB 3927
Amendment No. 7 (for drafter's use only)
1 residential, mobile, or telephonic paging device telephone
2 number on the department's no telephonic solicitation list and
3 who pays the applicable fee to the department. "Consumer"
4 means an actual or prospective purchaser, lessee, or recipient
5 of consumer goods or services.
6 (g) "Merchant" means a person who, directly or
7 indirectly, offers or makes available to consumers any
8 consumer goods or services.
9 (h) "Doing business in this state" refers to
10 businesses who conduct telephonic sales calls from a location
11 in Florida or from other states or nations to consumers
12 located in Florida.
13 (g)(i) "Department" means the Department of
14 Agriculture and Consumer Services.
15 (3)(2) Any telephone solicitor who calls makes an
16 unsolicited telephonic sales call to a subscriber residential,
17 mobile, or telephonic paging device telephone number in this
18 state shall identify himself or herself by his or her true
19 first and last names and the business or organization on whose
20 behalf he or she is soliciting immediately upon making contact
21 by telephone with the person who is the object of the
22 telephonic telephone solicitation.
23 (4)(3)(a) Any residential, mobile, or telephonic
24 paging device telephone subscriber desiring to be placed on a
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File original & 9 copies 04/20/98
hrr0004 03:40 pm 03927-0067-205841