Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 1564
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Farmer moved the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 20 - 53
    4  and insert:
    5         (a) “Automated system” means a computerized, a mechanical,
    6  or any other technological system or device that creates a
    7  telephone number, or stores or selects any telephone number from
    8  any database or list, and then causes that telephone number to
    9  be called. The term includes any system that the caller or any
   10  other person operates by click-to-call or that the caller or any
   11  other person or device selects telephone numbers from a list to
   12  call. The term does not include a caller manually selecting and
   13  calling telephone numbers using only a contact list or call log
   14  on a cellular, handheld, or landline device.
   15         (h)(g) “Prior express written consent” means a written
   16  agreement that:
   17         1. Bears the signature of the called party;
   18         2. Clearly authorizes the person making or allowing the
   19  placement of a telephonic sales call by telephone call, text
   20  message, or voicemail transmission to deliver or cause to be
   21  delivered to the called party a telephonic sales call using an
   22  automated system for the selection and or dialing of telephone
   23  numbers, the playing of a recorded message when a connection is
   24  completed to a number called, the transmission of a text
   25  message, or the transmission of a prerecorded voicemail;
   26         3. Includes the telephone number to which the signatory
   27  authorizes a telephonic sales call to be delivered; and
   28         4. Includes a clear and conspicuous disclosure informing
   29  the called party that:
   30         a. By executing the agreement, the called party authorizes
   31  the person making or allowing the placement of a telephonic
   32  sales call to deliver or cause to be delivered a telephonic
   33  sales call to the called party using an automated system for the
   34  selection and or dialing of telephone numbers, or the playing of
   35  a recorded message when a connection is completed to a number
   36  called, the transmission of a text message, or the transmission
   37  of a prerecorded voicemail; and
   38         b. He or she is not required to directly or indirectly sign
   39  the written agreement or to agree to enter into such an
   40  agreement as a condition of purchasing any property, goods, or
   41  services.
   42         (i)(h) “Signature” includes an electronic or digital
   43  signature, including when such signature is made on agreements
   44  obtained by a compliant e-mail, website form, text message,
   45  telephone keypress, or voice recording, to the extent that such
   46  form of signature is recognized as a valid signature under
   47  applicable federal law or state contract law.
   48         (l)(k) “Unsolicited telephonic sales call” means a
   49  telephonic
   50  
   51  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   52  And the directory clause is amended as follows:
   53         Delete lines 14 - 17
   54  and insert:
   55         Section 1. Present paragraphs (a) through (l) of subsection
   56  (1) of section 501.059, Florida Statutes, are redesignated as
   57  paragraphs (b) through (m), respectively, a new paragraph (a) is
   58  added to subsection (1) and paragraph (e) is added to subsection
   59  (8) of that section, and paragraph (a) of subsection (8) and
   60  subsection (11) of that section are amended, to read:
   61  
   62  ================= T I T L E  A M E N D M E N T ================
   63  And the title is amended as follows:
   64         Delete line 3
   65  and insert:
   66         501.059, F.S.; defining the term “automated system”
   67         and redefining terms; conforming a