Senate Bill sb1408
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Florida Senate - 2004 SB 1408
By the Committee on Commerce, Economic Opportunities, and
Consumer Services
310-1116-04
1 A bill to be entitled
2 An act relating to telephone solicitation;
3 requiring the Department of Agriculture and
4 Consumer Services to prepare a report and
5 submit recommendations to the Governor and
6 Legislature concerning the state's "no sales
7 solicitation calls" listing; prescribing items
8 to be included as part of the report; providing
9 an effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. The Department of Agriculture and Consumer
14 Services shall prepare a report that evaluates the operation
15 of the state's "no sales solicitation calls" listing,
16 established under section 501.059, Florida Statutes, during
17 the period from November 1, 2003, to November 1, 2004, and
18 assesses the continued viability of the state listing as it
19 has been affected by, among other factors, the federal
20 Do-Not-Call program established through rules of the Federal
21 Trade Commission and the Federal Communications Commission
22 published at 68 Federal Register 4580 and 68 Federal Register
23 44144. The department shall submit the report to the Governor,
24 the President of the Senate, and the Speaker of the House of
25 Representatives by December 1, 2004.
26 (1) The report must include, at a minimum, the
27 following information, with comparable data for the same
28 period during the prior year:
29 (a) The number of initial consumer subscriptions and
30 renewal subscriptions to the state listing, and the associated
31 fees collected, per month, with an explanation of any factors
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Florida Senate - 2004 SB 1408
310-1116-04
1 that affected consumer subscriptions during the evaluation
2 period.
3 (b) The number of purchases of the state listing by
4 solicitors and the amount of fees generated from the
5 purchases.
6 (c) The number of complaints received by the
7 department related to the state listing per month.
8 (d) The number of enforcement actions taken by the
9 department per month, the amount of fines imposed per month,
10 and a description of any settlements reached.
11 (2) The report must also include:
12 (a) The number of listings of Florida consumers
13 registered with the federal Do-Not-Call program which have
14 been downloaded by the department and subscribed to the state
15 listing, as well as the number of listings uploaded to the
16 federal program, and a description of any impediments the
17 department experienced in this process.
18 (b) A description of any activities by the department
19 related to enforcement of the federal Do-Not-Call program.
20 (c) If telephone numbers of Florida consumers
21 registered with the federal Do-Not-Call program have been
22 downloaded to the state listing, an evaluation of whether
23 those consumers have filed complaints with the department,
24 and, if so, the nature of those complaints and what action, if
25 any, was taken by the department to address those complaints.
26 (d) The status of litigation involving the federal
27 program and an evaluation of the litigation's effect on the
28 department's management of the state listing.
29 (e) A recommendation of whether it is feasible to
30 continue operation of the state listing based upon, among
31 other factors, the effects of the federal program; the
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Florida Senate - 2004 SB 1408
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1 associated litigation; and the amount of revenue collected
2 from subscriptions, renewals, solicitor fees, and enforcement
3 actions. If the report recommends the continued operation of
4 the state listing, the report must also include a
5 recommendation of, and rationale for, the resources necessary
6 for the department to continue to manage the listing at its
7 current level of consumer protection.
8 (f) A description of how the federal program's
9 preemption of less restrictive state exemptions affects any
10 exemptions allowed under the state's "no sales solicitation
11 calls" listing and a recommendation of legislative action, if
12 any, which may be necessary to address this issue.
13 (g) Any additional information that the department
14 believes will be useful to the Legislature in evaluating the
15 state listing and any potential changes to the state listing.
16 Section 2. This act shall take effect July 1, 2004.
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19 SENATE SUMMARY
20 Requires the Department of Agriculture and Consumer
Services to evaluate the operation of the "no sales
21 solicitation calls" listing and report to the Governor,
the President of the Senate, and the Speaker of the House
22 of Representatives by December 1, 2004. Requires that the
department include in its report an evaluation of the
23 effect of the federal Do-Not-Call program.
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