House Bill hb1751

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    Florida House of Representatives - 2001                HB 1751

        By the Fiscal Responsibility Council and Representative
    Dockery





  1                      A bill to be entitled

  2         An act relating to telemarketing; repealing ss.

  3         501.605, 501.606, 501.607, 501.608, 501.609,

  4         501.612, 501.622, and 501.626, F.S., to remove

  5         all provisions of the Florida Telemarketing Act

  6         relating to licensure and regulation of

  7         commercial telephone sellers and salespersons

  8         by the Department of Agriculture and Consumer

  9         Services; amending ss. 501.603, 501.604,

10         501.611, 501.613, 501.614, 501.615, 501.616,

11         501.618, 501.619, 501.621, and 501.623, F.S.,

12         to provide for enforcement of commercial

13         telephone solicitation by the state attorneys,

14         to conform; repealing s. 205.1973, F.S.,

15         relating to the issuance or renewal of local

16         occupational licenses to telemarketing

17         businesses, to conform; providing an effective

18         date.

19

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

21

22         Section 1.  Sections 501.605, 501.606, 501.607,

23  501.608, 501.609, 501.612, 501.622, and 501.626, Florida

24  Statutes, are repealed.

25         Section 2.  Section 501.603, Florida Statutes, is

26  amended to read:

27         501.603  Definitions.--As used in this part, unless the

28  context otherwise requires, the term:

29         (1)  "Commercial telephone solicitation" means:

30         (a)  An unsolicited telephone call to a person

31  initiated by a commercial telephone seller or salesperson, or

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  1  an automated dialing machine used in accordance with the

  2  provisions of s. 501.059(7) for the purpose of inducing the

  3  person to purchase or invest in consumer goods or services;

  4         (b)  Other communication with a person where:

  5         1.  A gift, award, or prize is offered; or

  6         2.  A telephone call response is invited; and

  7         3.  The salesperson intends to complete a sale or enter

  8  into an agreement to purchase during the course of the

  9  telephone call; or

10         (c)  Other communication with a person which represents

11  a price, quality, or availability of consumer goods or

12  services and which invites a response by telephone or which is

13  followed by a call to the person by a salesperson.

14

15  For purposes of this section, "other communication" means a

16  written or oral notification or advertisement transmitted

17  through any means. Also, for purposes of this section,

18  "invites a response by telephone" does not mean the mere

19  listing or including of a telephone number in a notification

20  or advertisement.

21         (2)  "Commercial telephone seller" means any person who

22  engages in commercial telephone solicitation on his or her own

23  behalf or through salespersons, except that a commercial

24  telephone seller does not include any of the persons or

25  entities exempted from this part by s. 501.604. A commercial

26  telephone seller does not include a salesperson as defined in

27  subsection (10).  A commercial telephone seller includes, but

28  is not limited to, owners, operators, officers, directors,

29  partners, or other individuals engaged in the management

30  activities of a business entity pursuant to this part.

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  1         (3)  "Consumer goods or services" means any real

  2  property or any tangible or intangible personal property which

  3  is normally used for personal, family, or household purposes

  4  or any property of any nature which is solicited for the

  5  purpose of providing a profit or investment opportunity,

  6  including, without limitation, any such property intended to

  7  be attached to or installed in any real property, without

  8  regard to whether it is so attached or installed, as well as

  9  timeshare estates and licenses, and any services related to

10  such property.

11         (4)  "Department" means the Department of Agriculture

12  and Consumer Services.

13         (4)(5)  "Enforcing authority" means the Department of

14  Agriculture and Consumer Services or the office of the state

15  attorney if a violation of this part occurs in or affects the

16  judicial circuit under the jurisdiction of the office of the

17  state attorney.

18         (5)(6)  "Gift, award, or prize" means a gratuity which

19  the purchaser believes to be of value.

20         (6)(7)  "Individual" means a single human being and

21  does not mean a firm, association of individuals, corporation,

22  partnership, joint venture, sole proprietorship, or any other

23  entity.

24         (7)(8)  "Person" includes any individual, group of

25  individuals, firm, association, corporation, partnership,

26  joint venture, sole proprietorship, or any other business

27  entity.

28         (8)(9)  "Purchaser" means a person who is solicited to

29  become or does become obligated to a commercial telephone

30  seller.

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  1         (9)(10)  "Salesperson" means any individual employed,

  2  appointed, or authorized by a commercial telephone seller,

  3  regardless of whether the commercial telephone seller refers

  4  to the individual as an agent, representative, or independent

  5  contractor, who attempts to solicit or solicits a sale on

  6  behalf of the commercial telephone seller.  A salesperson,

  7  however, does not include individuals exempted from this part

  8  by s. 501.604 or employees or agents of persons exempted from

  9  this part by s. 501.604, or companies and individuals under

10  contract with persons exempted from this part by s. 501.604

11  when liability is assumed by the exempt entity.

12         (10)(11)  "Solicit" means to initiate contact with a

13  purchaser for the purpose of attempting to sell consumer goods

14  or services, where such purchaser has expressed no previous

15  interest in purchasing, investing in, or obtaining information

16  regarding the property, goods, or services attempted to be

17  sold.

18         Section 3.  Section 501.604, Florida Statutes, is

19  amended to read:

20         501.604  Exemptions.--The provisions of this part,

21  except s. ss. 501.608 and 501.616(3)(6) and (4)(7), do not

22  apply to:

23         (1)  A person engaging in commercial telephone

24  solicitation where the solicitation is an isolated transaction

25  and not done in the course of a pattern of repeated

26  transactions of like nature.

27         (2)  A person soliciting for religious, charitable,

28  political, or educational purposes.  A person soliciting for

29  other noncommercial purposes is exempt only if that person is

30  soliciting for a nonprofit corporation and if that corporation

31  is properly registered as such with the Secretary of State and

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  1  is included within the exemption of s. 501(c)(3) or (6) of the

  2  Internal Revenue Code.

  3         (3)  A person who does not make the major sales

  4  presentation during the telephone solicitation and who does

  5  not intend to, and does not actually, complete or obtain

  6  provisional acceptance of a sale during the telephone

  7  solicitation, but who makes the major sales presentation and

  8  completes the sale at a later face-to-face meeting between the

  9  seller and the prospective purchaser in accordance with the

10  home solicitation provisions in this chapter. However, if a

11  seller, directly following a telephone solicitation, causes an

12  individual whose primary purpose it is to go to the

13  prospective purchaser to collect the payment or deliver any

14  item purchased, this exemption does not apply.

15         (4)  Any licensed securities, commodities, or

16  investment broker, dealer, or investment adviser, when

17  soliciting within the scope of his or her license, or any

18  licensed associated person of a securities, commodities, or

19  investment broker, dealer, or investment adviser, when

20  soliciting within the scope of his or her license.  As used in

21  this section, "licensed securities, commodities, or investment

22  broker, dealer, or investment adviser" means a person subject

23  to license or registration as such by the Securities and

24  Exchange Commission, by the National Association of Securities

25  Dealers or other self-regulatory organization as defined by

26  the Securities Exchange Act of 1934, 15 U.S.C. s. 78l, or by

27  an official or agency of this state or of any state of the

28  United States.  As used in this section, "licensed associated

29  person of a securities, commodities, or investment broker,

30  dealer, or investment adviser" means any associated person

31  registered or licensed by the National Association of

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  1  Securities Dealers or other self-regulatory organization as

  2  defined by the Securities Exchange Act of 1934, 15 U.S.C. s.

  3  78l, or by an official or agency of this state or of any state

  4  of the United States.

  5         (5)  A person primarily soliciting the sale of a

  6  newspaper of general circulation.

  7         (6)  A book, video, or record club or contractual plan

  8  or arrangement:

  9         (a)  Under which the seller provides the consumer with

10  a form which the consumer may use to instruct the seller not

11  to ship the offered merchandise.

12         (b)  Which is regulated by the Federal Trade Commission

13  trade regulation concerning "use of negative option plans by

14  sellers in commerce."

15         (c)  Which provides for the sale of books, records, or

16  videos which are not covered under paragraph (a) or paragraph

17  (b), including continuity plans, subscription arrangements,

18  standing order arrangements, supplements, and series

19  arrangements under which the seller periodically ships

20  merchandise to a consumer who has consented in advance to

21  receive such merchandise on a periodic basis.

22         (7)  Any supervised financial institution or parent,

23  subsidiary, or affiliate thereof. As used in this section,

24  "supervised financial institution" means any commercial bank,

25  trust company, savings and loan association, mutual savings

26  bank, credit union, industrial loan company, consumer finance

27  lender, commercial finance lender, or insurer, provided that

28  the institution is subject to supervision by an official or

29  agency of this state, of any state, or of the United States.

30  For the purposes of this exemption, "affiliate" means a person

31  who directly, or indirectly through one or more

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  1  intermediaries, controls or is controlled by, or is under

  2  common control with, a supervised financial institution.

  3         (8)  Any licensed insurance broker, agent, customer

  4  representative, or solicitor when soliciting within the scope

  5  of his or her license. As used in this section, "licensed

  6  insurance broker, agent, customer representative, or

  7  solicitor" means any insurance broker, agent, customer

  8  representative, or solicitor licensed by an official or agency

  9  of this state or of any state of the United States.

10         (9)  A person soliciting the sale of services provided

11  by a cable television system operating under authority of a

12  franchise or permit.

13         (10)  A business-to-business sale where:

14         (a)  The commercial telephone seller has been operating

15  continuously for at least 3 years under the same business name

16  and has at least 50 percent of its dollar volume consisting of

17  repeat sales to existing businesses;

18         (b)  The purchaser business intends to resell or offer

19  for purposes of advertisement or as a promotional item the

20  property or goods purchased; or

21         (c)  The purchaser business intends to use the property

22  or goods purchased in a recycling, reuse, remanufacturing, or

23  manufacturing process.

24         (11)  A person who solicits sales by periodically

25  publishing and delivering a catalog of the seller's

26  merchandise to prospective purchasers, if the catalog:

27         (a)  Contains a written description or illustration of

28  each item offered for sale.

29         (b)  Includes the business address or home office

30  address of the seller.

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  1         (c)  Includes at least 20 pages of written material and

  2  illustrations and is distributed in more than one state.

  3         (d)  Has an annual circulation by mailing of not less

  4  than 150,000.

  5         (12)  A person who solicits contracts for the

  6  maintenance or repair of goods previously purchased from the

  7  person making the solicitation or on whose behalf the

  8  solicitation is made.

  9         (13)  A commercial telephone seller licensed pursuant

10  to chapter 516 or part II of chapter 520. For purposes of this

11  exemption, the seller must solicit to sell a consumer good or

12  service within the scope of his or her license and the

13  completed transaction must be subject to the provisions of

14  chapter 516 or part II of chapter 520.

15         (14)  A telephone company subject to the provisions of

16  chapter 364, or affiliate thereof or its agents, or a business

17  which is regulated by the Florida Public Service Commission,

18  or a Federal Communications Commission licensed cellular

19  telephone company or other bona fide radio telecommunication

20  services provider. For the purposes of this exemption,

21  "affiliate" means a person who directly, or indirectly through

22  one or more intermediaries, controls or is controlled by, or

23  is under common control with, a telephone company subject to

24  the provisions of chapter 364.

25         (15)  A person who is licensed pursuant to chapter 470

26  or chapter 497 and who is soliciting within the scope of the

27  license.

28         (16)  An issuer or a subsidiary of an issuer that has a

29  class of securities which is subject to s. 12 of the

30  Securities Exchange Act of 1934, 15 U.S.C. s. 78l, and which

31  is either registered or exempt from registration under

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  1  paragraph (A), paragraph (B), paragraph (C), paragraph (E),

  2  paragraph (F), paragraph (G), or paragraph (H) of subsection

  3  (g)(2) of that section.

  4         (17)  A business soliciting exclusively the sale of

  5  telephone answering services provided that the telephone

  6  answering services will be supplied by the solicitor.

  7         (18)  A person soliciting a transaction regulated by

  8  the Commodity Futures Trading Commission if the person is

  9  registered or temporarily licensed for this activity with the

10  Commodity Futures Trading Commission under the Commodity

11  Exchange Act, 7 U.S.C. ss. 1 et seq., and the registration or

12  license has not expired or been suspended or revoked.

13         (19)  A person soliciting the sale of food or produce

14  as defined in chapter 500 or chapter 504 if the solicitation

15  neither intends to result in, or actually results in, a sale

16  which costs the purchaser in excess of $500.

17         (20)  A person who is registered pursuant to part XI of

18  chapter 559 and who is soliciting within the scope of the

19  registration.

20         (21)  A person soliciting business from prospective

21  consumers who have an existing business relationship with or

22  who have previously purchased from the business enterprise for

23  which the solicitor is calling, if the solicitor is operating

24  under the same exact business name.

25         (22)  A person who has been operating, for at least 1

26  year, a retail business establishment under the same name as

27  that used in connection with telemarketing, and both of the

28  following occur on a continuing basis:

29         (a)  Either products are displayed and offered for sale

30  or services are offered for sale and provided at the business

31  establishment.

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  1         (b)  A majority of the seller's business involves the

  2  buyer obtaining such products or services at the seller's

  3  location.

  4         (23)  A person who is a registered developer or

  5  exchange company pursuant to chapter 721 and who is soliciting

  6  within the scope of the chapter.

  7         (24)  Any person which has been providing telemarketing

  8  sales services continuously for at least 5 years under the

  9  same ownership and control and which derives 75 percent of its

10  gross telemarketing sales revenues from contracts with persons

11  exempted in this section.

12         (25)  A person who is a licensed real estate

13  salesperson or broker pursuant to chapter 475 and who is

14  soliciting within the scope of the chapter.

15         (26)  A publisher, or an agent of a publisher by

16  written agreement, who solicits the sale of his or her

17  periodical or magazine of general, paid circulation.  The term

18  "paid circulation" shall not include magazines that are only

19  circulated as part of a membership package or that are given

20  as a free gift or prize from the publisher or agent of the

21  publisher by written agreement.

22         (27)  A person who is a licensed operator or an

23  identification cardholder as defined in chapter 482, and who

24  is soliciting within the scope of the chapter.

25         (28)  A licensee, or an affiliate of a licensee,

26  regulated under chapter 560, the Money Transmitters' Code, for

27  foreign currency exchange services.

28         Section 4.  Section 501.611, Florida Statutes, is

29  amended to read:

30         501.611  Security.--

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  1         (1)  A commercial telephone seller must obtain and

  2  maintain An application filed pursuant to s. 501.605 must be

  3  accompanied by:

  4         (a)  A bond executed by a corporate surety approved by

  5  the department and licensed to do business in this state;

  6         (b)  An irrevocable letter of credit issued for the

  7  benefit of the applicant by a bank whose deposits are insured

  8  by an agency of the Federal Government; or

  9         (c)  A certificate of deposit in a financial

10  institution insured by an agency of the Federal Government,

11  which may be withdrawn only on the order of the department,

12  except that the interest may accrue to the applicant.

13         (2)  The amount of the bond, letter of credit, or

14  certificate of deposit must be a minimum of $50,000, and the

15  bond, letter of credit, or certificate of deposit must be

16  conditioned upon compliance by the commercial telephone seller

17  applicant with the provisions of this part. The department

18  may, at its discretion, establish a bond of a greater amount

19  to ensure the general welfare of the public and the interests

20  of the telemarketing industry.

21         (3)  The bond shall be posted with the department.

22         (3)(4)  The enforcing authority department or any

23  governmental agency, on behalf of any injured purchaser, or

24  any purchaser herself or himself who is injured by the

25  bankruptcy of the commercial telephone seller applicant or by

26  the commercial telephone seller's her or his breach of any

27  agreement entered into with the purchaser in her or his

28  capacity as a licensee, may bring and maintain an action to

29  recover against the bond, letter of credit, or certificate of

30  deposit.

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  1         Section 5.  Subsection (2) of section 501.613, Florida

  2  Statutes, is amended to read:

  3         501.613  General disclosures.--

  4         (2)  If a sale or an agreement to purchase is

  5  completed, the commercial telephone seller must inform the

  6  purchaser of her or his cancellation rights as provided in

  7  this part, state the license number issued by the department

  8  for both the commercial telephone seller and the salesperson,

  9  and give the street address of the commercial telephone

10  seller.

11         Section 6.  Section 501.614, Florida Statutes, is

12  amended to read:

13         501.614  Disclosures of gifts and premiums.--If a

14  commercial telephone seller expressly or impliedly represents

15  to any prospective purchaser, directly or through a

16  salesperson, that the purchaser is or may be eligible to

17  receive any gift, premium, bonus, or prize, however

18  denominated, the commercial telephone seller shall, upon

19  request, provide the purchaser submit to the department a

20  statement setting forth, for each item mentioned:

21         (1)  A description of the item.

22         (2)  The value or worth of the item and the basis for

23  the valuation.

24         (3)  All terms and conditions a purchaser must satisfy

25  in order to receive the item.  The statement must be

26  accompanied by a copy of the written statement of terms and

27  conditions provided to purchasers pursuant to this part.

28         (4)  If they are ascertainable, the odds, for a given

29  purchaser, of receiving the item.

30         (5)  If a purchaser is to receive fewer than all the

31  items described by the seller:

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  1         (a)  The manner in which the commercial telephone

  2  seller decides which item a given purchaser is to receive.

  3         (b)  If they are ascertainable, the odds, for a given

  4  purchaser, of receiving each item described.

  5         (c)  The name and address of each person who has,

  6  during the preceding 12 months or any portion thereof in which

  7  the commercial telephone seller has done business, received

  8  each gift, premium, bonus, or prize.  The provisions of this

  9  section shall not apply if the item is unconditionally offered

10  to a purchaser as part of a sale and the buyer has 7 days to

11  return the goods or cancel the services and the right to

12  receive a full refund in 30 days and the right to keep the

13  item in that case without cost.

14         Section 7.  Paragraph (c) of subsection (1) of section

15  501.615, Florida Statutes, is amended to read:

16         501.615  Written contract; cancellation; refund.--

17         (1)  A purchase of consumer goods or services ordered

18  as a result of a commercial telephone solicitation as defined

19  in this part, if not followed by a signed written contract, is

20  not final.  If a contract is not made in compliance with this

21  section, it is not valid and enforceable against the

22  purchaser.  The contract made pursuant to a commercial

23  telephone solicitation shall:

24         (c)  Contain the name, address, and telephone number,

25  and registration number of the commercial telephone seller and

26  the salesperson, the total price of the contract, and a

27  detailed description of the goods or services being sold.

28         Section 8.  Section 501.616, Florida Statutes, is

29  amended to read:

30         501.616  Unlawful acts and practices.--

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  1         (1)  It shall be unlawful for any commercial telephone

  2  seller or salesperson to require that payment be by credit

  3  card authorization or otherwise to announce a preference for

  4  that method of payment.

  5         (2)  It shall be unlawful for any commercial telephone

  6  seller to employ, or be affiliated with, any unlicensed

  7  salesperson.

  8         (3)  It shall be unlawful for any salesperson to be

  9  employed by, or affiliated with, an unlicensed commercial

10  telephone seller.

11         (4)  It shall be unlawful for any commercial telephone

12  seller or salesperson to be unlicensed.

13         (2)(5)  It shall be unlawful for any salesperson or

14  commercial telephone seller to otherwise violate the

15  provisions of this part.

16         (3)(6)  It shall be unlawful for any commercial

17  telephone seller or salesperson to make a commercial telephone

18  solicitation phone call before 8:00 a.m. or after 9:00 p.m.

19  local time at the called person's location.

20         (4)(7)  It shall be unlawful for any commercial

21  telephone seller or salesperson making telephonic

22  solicitations to take any intentional action to prevent

23  transmission of the telephone solicitor's name or telephone

24  number to the party called when the equipment or service used

25  by the telephone solicitor is capable of creating and

26  transmitting the telephone solicitor's name or telephone

27  number.

28         Section 9.  Section 501.618, Florida Statutes, is

29  amended to read:

30         501.618  General civil remedies.--The enforcing

31  authority department may bring:

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  1         (1)  An action to obtain a declaratory judgment that an

  2  act or practice violates the provisions of this part.

  3         (2)  An action to enjoin a person who has violated, is

  4  violating, or is otherwise likely to violate the provisions of

  5  this part.

  6         (3)  An action on behalf of one or more purchasers for

  7  the actual damages caused by an act or practice performed in

  8  violation of the provisions of this part. Such an action may

  9  include, but is not limited to, an action to recover against a

10  bond, letter of credit, or certificate of deposit as otherwise

11  provided in this part.

12

13  Upon motion of the enforcing authority in any action brought

14  under this section, the court may make appropriate orders,

15  including appointment of a master or receiver or sequestration

16  of assets, to reimburse consumers found to have been damaged,

17  to carry out a consumer transaction in accordance with the

18  consumer's reasonable expectations, or to grant other

19  appropriate relief.  The court may assess the expenses of a

20  master or receiver against a commercial telephone seller.  Any

21  injunctive order, whether temporary or permanent, issued by

22  the court shall be effective throughout the state unless

23  otherwise provided in the order.

24         Section 10.  Section 501.619, Florida Statutes, is

25  amended to read:

26         501.619  Civil penalties.--Any person who engages in

27  any act or practice declared in this part to be unlawful is

28  liable for a civil penalty of not more than $10,000 for each

29  such violation.  This civil penalty may be recovered in any

30  action brought under this part by the enforcing authority

31  department, or the enforcing authority department may

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  1  terminate any investigation or action upon agreement by the

  2  person to pay a stipulated civil penalty.  The enforcing

  3  authority department or the court may waive any such civil

  4  penalty or other fines or costs if the person has previously

  5  made full restitution or reimbursement or has paid actual

  6  damages to the purchasers who have been injured by the

  7  unlawful act or practice.

  8         Section 11.  Subsections (1) and (3) of section

  9  501.621, Florida Statutes, are amended to read:

10         501.621  Attorney's fees and costs.--

11         (1)  In any civil action or investigation resulting

12  from a transaction involving a violation of the provisions of

13  this part, except as provided in subsection (3), the enforcing

14  authority department shall receive reasonable attorney's fees

15  and costs from the nonprevailing party.

16         (3)  In any civil litigation initiated by the enforcing

17  authority department resulting in a judgment or administrative

18  order, the court may award to the prevailing party reasonable

19  attorney's fees and costs if the court finds that there was a

20  complete absence of a justiciable issue of either law or fact

21  raised by the losing party or if the court finds bad faith on

22  the part of the losing party.

23         Section 12.  Section 501.623, Florida Statutes, is

24  amended to read:

25         501.623  Criminal penalties.--

26         (1)  No salesperson shall solicit purchasers on behalf

27  of a commercial telephone seller who is not currently licensed

28  with the department pursuant to the provisions of this part.

29  Any person who violates the provisions of this section commits

30  a felony of the third degree, punishable as provided in s.

31  775.082, s. 775.083, or s. 775.084.

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    Florida House of Representatives - 2001                HB 1751

    187-918-01






  1         (2)  No commercial telephone seller shall employ or be

  2  affiliated with a salesperson who is soliciting purchasers and

  3  who is not currently licensed with the department pursuant to

  4  the provisions of this part.  Any person who violates the

  5  provisions of this section commits a felony of the third

  6  degree, punishable as provided in s. 775.082, s. 775.083, or

  7  s. 775.084.

  8         (3)  No commercial telephone seller or salesperson

  9  shall solicit without a license.  Any person who violates the

10  provisions of this section commits a felony of the third

11  degree, punishable as provided in s. 775.082, s. 775.083, or

12  s. 775.084.

13         (4)  Any commercial telephone seller or salesperson who

14  falsifies information on an application commits a felony of

15  the third degree, punishable as provided in s. 775.082, s.

16  775.083, or s. 775.084.

17         (1)(5)  Except as provided in subsection (1),

18  subsection (2), subsection (3), or subsection (4), Any person

19  who otherwise violates any provision of this part or who

20  directly or indirectly employs any device, scheme, or artifice

21  to deceive in connection with the offer or sale by any

22  commercial telephone seller commits a felony of the third

23  degree, punishable as provided in s. 775.082, s. 775.083, or

24  s. 775.084.

25         (2)(6)  Any person who is convicted of a second or

26  subsequent violation of the provisions of this part commits a

27  felony of the second degree, punishable as provided in s.

28  775.082, s. 775.083, or s. 775.084.  A conviction shall

29  include a finding of guilt where adjudication has been

30  withheld.

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    Florida House of Representatives - 2001                HB 1751

    187-918-01






  1         Section 13.  Section 205.1973, Florida Statutes, is

  2  repealed.

  3         Section 14.  This act shall take effect July 1, 2001.

  4

  5            *****************************************

  6                          HOUSE SUMMARY

  7
      Removes all provisions of the Florida Telemarketing Act
  8    relating to licensure and regulation of commercial
      telephone sellers and salespersons by the Department of
  9    Agriculture and Consumer Services.  Provides for
      enforcement of commercial telephone solicitation by the
10    state attorneys.

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