| 1 | A bill to be entitled |
| 2 | An act relating to telephone solicitation; amending s. |
| 3 | 106.147, F.S.; revising the disclosure statement |
| 4 | requirements for certain telephone solicitations; amending |
| 5 | s. 501.059, F.S.; prohibiting certain telephone |
| 6 | solicitation by any person on behalf of a candidate for a |
| 7 | federal, state, or local political office, committee of |
| 8 | continuous existence, or other political entity; providing |
| 9 | an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Paragraph (a) of subsection (1) of section |
| 14 | 106.147, Florida Statutes, is amended to read: |
| 15 | 106.147 Telephone solicitation; disclosure requirements; |
| 16 | prohibitions; exemptions; penalties.-- |
| 17 | (1)(a) Any telephone call supporting or opposing a |
| 18 | candidate, elected public official, or ballot proposal must |
| 19 | identify the persons or organizations sponsoring the call by |
| 20 | stating at the beginning of the call either: "The following is a |
| 21 | paid telephone call paid for by_____" (insert name of persons or |
| 22 | organizations sponsoring the call) or "paid for on behalf |
| 23 | of_____" (insert name of persons or organizations authorizing |
| 24 | call). This paragraph does not apply to any telephone call in |
| 25 | which both the individual making the call is not being paid and |
| 26 | the individuals participating in the call know each other prior |
| 27 | to the call. |
| 28 | Section 2. Subsection (7) of section 501.059, Florida |
| 29 | Statutes, is amended to read: |
| 30 | 501.059 Telephone solicitation.-- |
| 31 | (7)(a) No person shall make or knowingly allow a |
| 32 | telephonic sales call to be made if such call involves an |
| 33 | automated system for the selection or dialing of telephone |
| 34 | numbers or the playing of a recorded message when a connection |
| 35 | is completed to a number called. |
| 36 | (b) No person on behalf of a candidate for a federal, |
| 37 | state, or local political office, committee of continuous |
| 38 | existence, or other political entity shall make or knowingly |
| 39 | allow a telephonic call related to a political office or issue |
| 40 | to be made to any number on the department's "no sales |
| 41 | solicitation calls" list if such call involves an automated |
| 42 | system for the selection or dialing of telephone numbers or the |
| 43 | playing of a recorded message when a connection is completed to |
| 44 | a number called. |
| 45 | (c)(b) Nothing herein prohibits the use of an automated |
| 46 | telephone dialing system with live messages if the calls are |
| 47 | made or messages given solely in response to calls initiated by |
| 48 | the persons to whom the automatic calls or live messages are |
| 49 | directed or if the telephone numbers selected for automatic |
| 50 | dialing have been screened to exclude any telephone subscriber |
| 51 | who is included on the department's then-current "no sales |
| 52 | solicitation calls" listing or any unlisted telephone number, or |
| 53 | if the calls made concern goods or services that have been |
| 54 | previously ordered or purchased. |
| 55 | (d)(c) It shall be unlawful for any person who makes a |
| 56 | telephonic sales call or causes a telephonic sales call to be |
| 57 | made to fail to transmit or cause not to be transmitted the |
| 58 | telephone number and, when made available by the telephone |
| 59 | solicitor's carrier, the name of the telephone solicitor to any |
| 60 | caller identification service in use by a recipient of a |
| 61 | telephonic sales call. However, it shall not be a violation to |
| 62 | substitute, for the name and telephone number used in or billed |
| 63 | for making the call, the name of the seller on behalf of which a |
| 64 | telephonic sales call is placed and the seller's customer |
| 65 | service telephone number, which is answered during regular |
| 66 | business hours. For purposes of this section, the term "caller |
| 67 | identification service" means a service that allows a telephone |
| 68 | subscriber to have the telephone number and, where available, |
| 69 | the name of the calling party transmitted contemporaneously with |
| 70 | the telephone call and displayed on a device in or connected to |
| 71 | the subscriber's telephone. |
| 72 | (e)(d) It shall be unlawful for any person who makes a |
| 73 | telephonic sales call or causes a telephonic sales call to be |
| 74 | made to intentionally alter the voice of the caller in an |
| 75 | attempt to disguise or conceal the identity of the caller in |
| 76 | order to defraud, confuse, or financially or otherwise injure |
| 77 | the recipient of a telephonic sales call or in order to obtain |
| 78 | personal information from the recipient of a telephonic sales |
| 79 | call which may be used in a fraudulent or unlawful manner. |
| 80 | Section 3. This act shall take effect July 1, 2008. |