Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for CS for SB 1520
                        Barcode 162912
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on General Government Appropriations (Baker)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 4, line 29, through
16            page 7, line 6, delete those lines
17  
18  and insert:  
19         Section 2.  Subsections (7) and (8) of section 501.059,
20  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
                                  1
    6:16 PM   04/25/05                           s1520c2c-ga20-td4

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1520 Barcode 162912 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 2 6:16 PM 04/25/05 s1520c2c-ga20-td4
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1520 Barcode 162912 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, lines 14-16, delete those lines. 4 5 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 3 6:16 PM 04/25/05 s1520c2c-ga20-td4