Florida Senate - 2022                                    SB 1564
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-01690-22                                            20221564__
    1                        A bill to be entitled                      
    2         An act relating to telephone solicitation; amending s.
    3         501.059, F.S.; revising the definitions of the terms
    4         “prior express written consent” and “unsolicited
    5         telephonic sales call”; revising the limitations on
    6         making unsolicited telephonic sales calls; providing
    7         an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraphs (g) and (k) of subsection (1) and
   12  paragraph (a) of subsection (8) of section 501.059, Florida
   13  Statutes, are amended to read:
   14         501.059 Telephone solicitation.—
   15         (1) As used in this section, the term:
   16         (g) “Prior express written consent” means a written
   17  agreement that:
   18         1. Bears the signature of the called party;
   19         2. Clearly authorizes the person making or allowing the
   20  placement of a telephonic sales call by telephone call, text
   21  message, or voicemail transmission to deliver or cause to be
   22  delivered to the called party a telephonic sales call using an
   23  automated system for the selection and or dialing of telephone
   24  numbers, the playing of a recorded message when a connection is
   25  completed to a number called, or the transmission of a
   26  prerecorded voicemail;
   27         3. Includes the telephone number to which the signatory
   28  authorizes a telephonic sales call to be delivered; and
   29         4. Includes a clear and conspicuous disclosure informing
   30  the called party that:
   31         a. By executing the agreement, the called party authorizes
   32  the person making or allowing the placement of a telephonic
   33  sales call to deliver or cause to be delivered a telephonic
   34  sales call to the called party using an automated system for the
   35  selection and or dialing of telephone numbers or the playing of
   36  a recorded message when a connection is completed to a number
   37  called; 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         (k) “Unsolicited telephonic sales call” means a telephonic
   43  sales call other than a call made:
   44         1. Within 120 days after In response to an express request
   45  of the person called party;
   46         2. Primarily in connection with an existing debt or
   47  contract, if payment or performance of such debt or contract has
   48  not been completed at the time of such call;
   49         3. To a person with whom the telephone solicitor has a
   50  prior or existing business relationship; or
   51         4. By a newspaper publisher or his or her agent or employee
   52  in connection with his or her business.
   53         (8)(a) A person may not make or knowingly allow an
   54  unsolicited a telephonic sales call to be made if such call
   55  involves an automated system for the selection and or dialing of
   56  telephone numbers or the playing of a recorded message when a
   57  connection is completed to a number called without the prior
   58  express written consent of the called party.
   59         Section 2. This act shall take effect upon becoming a law.