HB 595

A bill to be entitled
2An act relating to telephone solicitation; amending s.
3501.059, F.S.; defining the term "politically oriented
4telephone call"; prohibiting a telephone solicitor or
5person acting on behalf of a candidate for a federal,
6state, or local political office, committee of continuous
7existence, or other political entity from making a
8politically oriented telephone call to a person whose
9number is in the "no sales solicitation calls" list
10maintained by the Department of Agriculture and Consumer
11Services or which involves the playing of a recorded
12message; providing an effective date.
14Be It Enacted by the Legislature of the State of Florida:
16     Section 1.  Paragraph (j) is added to subsection (1) of
17section 501.059, Florida Statutes, and subsections (4) and (7)
18of that section are amended, to read:
19     501.059  Telephone solicitation.--
20     (1)  As used in this section:
21     (j)  "Politically oriented telephone call" means an
22outbound telephone call, the purpose of which is to promote,
23advertise, campaign for or against, or solicit donations on
24behalf of any political candidate or political issue, or which
25uses in the call a political candidate's name.
26     (4)(a)  A No telephone solicitor may not shall make or
27cause to be made any unsolicited telephonic sales call or a
28politically oriented telephone call to any residential, mobile,
29or telephonic paging device telephone number if the number for
30that telephone appears in the then-current quarterly listing
31published by the department.
32     (b)  Any telephone solicitor or person who offers for sale
33any consumer information that which includes residential,
34mobile, or telephonic paging device telephone numbers, except
35directory assistance and telephone directories sold by telephone
36companies and organizations exempt under s. 501(c)(3) or (6) of
37the Internal Revenue Code, shall screen and exclude those
38numbers that which appear on the division's then-current "no
39sales solicitation calls" list.
40     (c)  This subsection does not apply to any person licensed
41under pursuant to chapter 475 who calls an actual or prospective
42seller or lessor of real property when the such call is made in
43response to a yard sign or other form of advertisement placed by
44the seller or lessor.
45     (7)(a)  A No person may not shall make or knowingly allow a
46telephonic sales call to be made if the such call involves an
47automated system for the selection or dialing of telephone
48numbers or the playing of a recorded message when a connection
49is completed to a number called.
50     (b)  A person acting on behalf of a candidate for a
51federal, state, or local political office, committee of
52continuous existence, or other political entity may not make or
53knowingly allow a politically oriented telephone call to be made
54to any number on the department's "no sales solicitation calls"
55list if the call involves the playing of a recorded message when
56a connection is completed to the number called or if the call is
57a telephone call commonly referred to as a "robo call."
58     (c)(b)  This subsection does not prohibit Nothing herein
59prohibits the use of an automated telephone dialing system with
60live messages if the calls are made or messages given solely in
61response to calls initiated by the persons to whom the automatic
62calls or live messages are directed or if the telephone numbers
63selected for automatic dialing have been screened to exclude any
64telephone subscriber who is included on the department's then-
65current "no sales solicitation calls" listing or any unlisted
66telephone number, or if the calls made concern goods or services
67that have been previously ordered or purchased.
68     (d)(c)  A It shall be unlawful for any person who makes a
69telephonic sales call or causes a telephonic sales call to be
70made may not to fail to transmit or cause not to be transmitted
71the telephone number and, when made available by the telephone
72solicitor's carrier, the name of the telephone solicitor to any
73caller identification service in use by a recipient of a
74telephonic sales call. However, it is shall not be a violation
75to substitute, for the name and telephone number used in or
76billed for making the call, the name of the seller on behalf of
77which a telephonic sales call is placed and the seller's
78customer service telephone number, which is answered during
79regular business hours. For purposes of this section, the term
80"caller identification service" means a service that allows a
81telephone subscriber to have the telephone number and, where
82available, the name of the calling party transmitted
83contemporaneously with the telephone call and displayed on a
84device in or connected to the subscriber's telephone.
85     (e)(d)  A It shall be unlawful for any person who makes a
86telephonic sales call or causes a telephonic sales call to be
87made may not to intentionally alter the voice of the caller in
88an attempt to disguise or conceal the identity of the caller in
89order to defraud, confuse, or financially or otherwise injure
90the recipient of a telephonic sales call or in order to obtain
91personal information from the recipient of a telephonic sales
92call which may be used in a fraudulent or unlawful manner.
93     Section 2.  This act shall take effect July 1, 2007.

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