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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10                                                                

11  Representative(s) Ogles offered the following:

12

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