Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1520
                        Barcode 110132
                            CHAMBER ACTION
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11  The Committee on Commerce and Consumer Services (Lynn)
12  recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 5, line 1, through
16           page 12, line 25, delete those lines
17  
18  and insert:  
19         Section 2.  Subsections (7), (8), and (9) of section
20  501.059, Florida Statutes, are amended to read:
21         501.059  Telephone solicitation.--
22         (7)(a)  A No person may not shall make or knowingly
23  allow a telephonic sales call to be made if the such call
24  involves an automated system for the selection or dialing of
25  telephone numbers or the playing of a recorded message when a
26  connection is completed to a number called.
27         (b)  Nothing herein prohibits the use of an automated
28  telephone dialing system with live messages if the calls are
29  made or messages given solely in response to calls initiated
30  by the persons to whom the automatic calls or live messages
31  are directed or if the telephone numbers selected for
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    5:01 PM   03/21/05                             s1520c-cm07-e0x

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1520 Barcode 110132 1 automatic dialing have been screened to exclude any telephone 2 subscriber who is included on the department's then-current 3 "no sales solicitation calls" listing or any unlisted 4 telephone number, or if the calls made concern goods or 5 services that have been previously ordered or purchased. 6 (c) A person may not transmit, or knowingly allow the 7 transmission of, a facsimile of documents through connection 8 with a telephone network if the facsimile transmission 9 involves unsolicited advertising material for the sale of any 10 real property, goods, or services. 11 (8) The department shall investigate any complaints 12 received concerning violations of this section. If, after 13 investigating any complaint, the department finds that there 14 has been a violation of this section, the department or the 15 Department of Legal Affairs may bring an action to impose a 16 civil penalty and to seek other relief, including injunctive 17 relief, as the court deems appropriate against the telephone 18 solicitor. The civil penalty shall not exceed $10,000 per 19 violation and shall be deposited in the General Inspection 20 Trust Fund if the action or proceeding was brought by the 21 department, or the Legal Affairs Revolving Trust Fund if the 22 action or proceeding was brought by the Department of Legal 23 Affairs. This civil penalty may be recovered in any action 24 brought under this part by the department, or the department 25 may terminate any investigation or action upon agreement by 26 the person to pay an agreed-upon a stipulated civil penalty. 27 The department or the court may waive any civil penalty if the 28 person has previously made full restitution or reimbursement 29 or has paid actual damages to the consumers who have been 30 injured by the violation. 31 (9)(a) In any civil litigation resulting from a 2 5:01 PM 03/21/05 s1520c-cm07-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1520 Barcode 110132 1 transaction involving a violation of this section, the 2 prevailing party, after judgment in the trial court and 3 exhaustion of all appeals, if any, shall receive his or her 4 reasonable attorney's fees and costs from the nonprevailing 5 party. 6 (b) The attorney for the prevailing party shall submit 7 a sworn affidavit of his or her time spent on the case and his 8 or her costs incurred for all the motions, hearings, and 9 appeals to the trial judge who presided over the civil case. 10 (c) The trial judge shall award the prevailing party 11 the sum of reasonable costs incurred in the action plus a 12 reasonable legal fee for the hours actually spent on the case 13 as sworn to in an affidavit. 14 (d) Any award of attorney's fees or costs shall become 15 a part of the judgment and subject to execution as the law 16 allows. 17 (e) In any civil litigation initiated by the 18 department or the Department of Legal Affairs, the court shall 19 may award to the prevailing party reasonable attorney's fees 20 and costs if the court finds that there was a complete absence 21 of a justiciable issue of either law or fact raised by the 22 losing party or if the court finds bad faith on the part of 23 the losing party. Travel and per diem expenses incurred by the 24 department or the Department of Legal Affairs for its 25 attorneys and witnesses shall be recoverable costs by the 26 department or the Department of Legal Affairs if either party 27 prevails in civil litigation. 28 29 30 ================ T I T L E A M E N D M E N T =============== 31 And the title is amended as follows: 3 5:01 PM 03/21/05 s1520c-cm07-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1520 Barcode 110132 1 On page 1, lines 11-27, delete those lines 2 3 and insert: 4 required; amending s. 501.059, F.S.; 5 prohibiting the transmission 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 5:01 PM 03/21/05 s1520c-cm07-e0x