Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1520
Barcode 162912
CHAMBER ACTION
Senate House
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11 The Committee on General Government Appropriations (Baker)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 4, line 29, through
16 page 7, line 6, delete those lines
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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
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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.
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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.
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