House Bill 1655

    Florida House of Representatives - 1999                HB 1655

        By Representative Bilirakis






  1                      A bill to be entitled

  2         An act relating to telephone solicitation;

  3         amending s. 501.059, F.S.; prohibiting

  4         unsolicited telephone sales calls without

  5         caller identification information; specifying

  6         actions which constitute violation of the act;

  7         providing that violation constitutes a

  8         deceptive and unfair trade practice; providing

  9         a penalty; providing an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Subsections (8) through (10) of section

14  501.059, Florida Statutes, are renumbered as subsections (9)

15  through (11), respectively, and a new subsection (8) is added

16  to said section to read:

17         501.059  Telephone solicitation.--

18         (8)(a)  It is the intent of the Legislature to protect

19  consumers from unwanted telephone solicitation and afford

20  consumers all possible information regarding the identity of

21  any telephone solicitor who may place a call to a consumer. No

22  telephone solicitor shall make or cause to be made any

23  unsolicited telephonic sales call to any residential, mobile,

24  or telephonic paging device telephone number unless all

25  possible caller identification information is provided to the

26  intended recipient. The following actions constitute a knowing

27  violation of this subsection:

28         1.  Disabling a telephone system's caller

29  identification generator.

30         2.  Providing a false or fictitious telephone number.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 1655

    715-112-99






  1         3.  Using telephone equipment that is incapable of

  2  providing caller identification information.

  3         4.  Using a telephone carrier that is incapable of

  4  transmitting caller identification information to the intended

  5  recipient of the telephone solicitation.

  6         (b)  A knowing violation of this subsection shall be

  7  deemed to be a deceptive and unfair trade practice within the

  8  meaning of part II of this chapter. Violators shall be subject

  9  to the penalties and remedies provided therein.

10         (c)  A telephone solicitor who knowingly violates the

11  provisions of this subsection commits a misdemeanor of the

12  first degree, punishable as provided in s. 775.082 or s.

13  775.083.

14         Section 2.  This act shall take effect upon becoming a

15  law.

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17            *****************************************

18                          HOUSE SUMMARY

19
      Provides legislative intent with respect to providing
20    consumers with all possible information regarding the
      identity of any telephone solicitor via caller
21    identification systems. Prohibits telephone solicitors
      from making unsolicited telephonic sales calls to any
22    residential, mobile, or telephonic paging device
      telephone number unless all possible caller
23    identification information is provided. Provides actions
      which constitute a knowing violation of the act. Provides
24    that violation of the act constitutes a deceptive and
      unfair trade practice. Provides a first degree
25    misdemeanor penalty.

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