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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Floor: 1/F/2R .
02/23/2022 04:29 PM .
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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