CS/HB 33

A bill to be entitled
2An act relating to telephone solicitation; amending s.
3106.147, F.S.; revising the disclosure statement
4requirements for certain telephone solicitations; amending
5s. 501.059, F.S.; prohibiting certain telephone
6solicitation by any person on behalf of a candidate for a
7federal, state, or local political office, committee of
8continuous existence, or other political entity; providing
9an effective date.
11Be It Enacted by the Legislature of the State of Florida:
13     Section 1.  Paragraph (a) of subsection (1) of section
14106.147, Florida Statutes, is amended to read:
15     106.147  Telephone solicitation; disclosure requirements;
16prohibitions; exemptions; penalties.--
17     (1)(a)  Any telephone call supporting or opposing a
18candidate, elected public official, or ballot proposal must
19identify the persons or organizations sponsoring the call by
20stating at the beginning of the call either: "The following is a
21paid telephone call paid for by_____" (insert name of persons or
22organizations sponsoring the call) or "paid for on behalf
23of_____" (insert name of persons or organizations authorizing
24call). This paragraph does not apply to any telephone call in
25which both the individual making the call is not being paid and
26the individuals participating in the call know each other prior
27to the call.
28     Section 2.  Subsection (7) of section 501.059, Florida
29Statutes, is amended to read:
30     501.059  Telephone solicitation.--
31     (7)(a)  No person shall make or knowingly allow a
32telephonic sales call to be made if such call involves an
33automated system for the selection or dialing of telephone
34numbers or the playing of a recorded message when a connection
35is completed to a number called.
36     (b)  No person on behalf of a candidate for a federal,
37state, or local political office, committee of continuous
38existence, or other political entity shall make or knowingly
39allow a telephonic call related to a political office or issue
40to be made to any number on the department's "no sales
41solicitation calls" list if such call involves an automated
42system for the selection or dialing of telephone numbers or the
43playing of a recorded message when a connection is completed to
44a number called.
45     (c)(b)  Nothing herein prohibits the use of an automated
46telephone dialing system with live messages if the calls are
47made or messages given solely in response to calls initiated by
48the persons to whom the automatic calls or live messages are
49directed or if the telephone numbers selected for automatic
50dialing have been screened to exclude any telephone subscriber
51who is included on the department's then-current "no sales
52solicitation calls" listing or any unlisted telephone number, or
53if the calls made concern goods or services that have been
54previously ordered or purchased.
55     (d)(c)  It shall be unlawful for any person who makes a
56telephonic sales call or causes a telephonic sales call to be
57made to fail to transmit or cause not to be transmitted the
58telephone number and, when made available by the telephone
59solicitor's carrier, the name of the telephone solicitor to any
60caller identification service in use by a recipient of a
61telephonic sales call. However, it shall not be a violation to
62substitute, for the name and telephone number used in or billed
63for making the call, the name of the seller on behalf of which a
64telephonic sales call is placed and the seller's customer
65service telephone number, which is answered during regular
66business hours. For purposes of this section, the term "caller
67identification service" means a service that allows a telephone
68subscriber to have the telephone number and, where available,
69the name of the calling party transmitted contemporaneously with
70the telephone call and displayed on a device in or connected to
71the subscriber's telephone.
72     (e)(d)  It shall be unlawful for any person who makes a
73telephonic sales call or causes a telephonic sales call to be
74made to intentionally alter the voice of the caller in an
75attempt to disguise or conceal the identity of the caller in
76order to defraud, confuse, or financially or otherwise injure
77the recipient of a telephonic sales call or in order to obtain
78personal information from the recipient of a telephonic sales
79call which may be used in a fraudulent or unlawful manner.
80     Section 3.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.