Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for SB 1120
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             04/22/2021 03:51 PM       .                                

       Senator Gibson moved the following:
    1         Senate Amendment (with directory and title amendments)
    3         Delete lines 127 - 181
    4  and insert:
    5         (10)(a)A called party who is aggrieved by a violation of
    6  this section may bring an action to:
    7         1.Enjoin such violation.
    8         2.Recover actual damages or $500, whichever is greater.
    9         (b)If the court finds that the defendant willfully or
   10  knowingly violated this section or rules adopted pursuant to
   11  this section, the court may, in its discretion, increase the
   12  amount of the award to an amount equal to not more than three
   13  times the amount available under paragraph (a).
   14         Section 2. Subsections (6) and (7) of section 501.616,
   15  Florida Statutes, are amended to read:
   16         501.616 Unlawful acts and practices.—
   17         (6) A commercial telephone seller or salesperson may not
   18  make any of the following types of phone calls, including calls
   19  made through automated dialing or recorded messages:
   20         (a) A commercial telephone solicitation phone call before 8
   21  a.m. or after 8 9 p.m. local time in at the called person’s time
   22  zone location.
   23         (b)More than three commercial telephone solicitation phone
   24  calls from any number to a person over a 24-hour period on the
   25  same subject matter or issue, regardless of the phone number
   26  used to make the call.
   27         (7) A commercial telephone seller or salesperson making a
   28  commercial telephone solicitation call may not:
   29         (a) Intentionally act to prevent transmission of the
   30  telephone solicitor’s name or telephone number to the party
   31  called when the equipment or service used by the telephone
   32  solicitor is capable of creating and transmitting the telephone
   33  solicitor’s name or telephone number.
   34         (b)Use technology that deliberately displays a different
   35  caller identification number than the number the call is
   36  originating from to conceal the true identity of the caller. A
   37  commercial telephone seller or salesperson who makes a call
   38  using such technology commits a misdemeanor of the second
   39  degree, punishable as provided in s. 775.082 or s. 775.083.
   41  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   42  And the directory clause is amended as follows:
   43         Delete lines 35 - 40
   44  and insert:
   45         Section 1. Present paragraphs (a) through (e) and (f)
   46  through (i) of subsection (1) and present subsections (10),
   47  (11), and (12) of section 501.059, Florida Statutes, are
   48  redesignated as paragraphs (b) through (f) and (i) through (l),
   49  and subsections (11), (12), and (13), respectively, new
   50  paragraphs (a), (g), and (h) are added to subsection (1), a new
   51  subsection (10) is added to that section, and subsection (8) of
   52  that section is amended, to read:
   54  ================= T I T L E  A M E N D M E N T ================
   55  And the title is amended as follows:
   56         Delete lines 11 - 23
   57  and insert:
   58         award for willful and knowing violations; amending s.
   59         501.616, F.S.; prohibiting a commercial telephone
   60         seller or salesperson from using automated dialing or
   61         recorded messages to make certain commercial telephone
   62         solicitation phone calls; revising the timeframe
   63         during which a commercial telephone seller or
   64         salesperson may make commercial solicitation phone
   65         calls; prohibiting commercial telephone sellers or
   66         salespersons from making a specified number of
   67         commercial telephone solicitation phone calls to a
   68         person over a specified timeframe; prohibiting
   69         commercial telephone sellers or salespersons from
   70         using certain technology to conceal their true
   71         identity; providing criminal penalties;