Florida Senate - 2022 CS for CS for SB 1564 By the Committees on Regulated Industries; and Commerce and Tourism; and Senator Hutson 580-02820-22 20221564c2 1 A bill to be entitled 2 An act relating to telephone solicitation; amending s. 3 501.059, F.S.; redefining terms; conforming a 4 provision to changes made by the act; prohibiting the 5 use of automated telephone dialing systems using 6 certain types of messages under certain circumstances; 7 authorizing such use in response to certain inquiries; 8 providing a limitation; revising provisions for the 9 award of attorney fees and costs; providing for 10 retroactive application; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraphs (g) and (k) of subsection (1), 15 paragraph (a) of subsection (8), and subsection (11) of section 16 501.059, Florida Statutes, are amended, and paragraph (e) is 17 added to subsection (8) of that section, to read: 18 501.059 Telephone solicitation.— 19 (1) As used in this section, the term: 20 (g) “Prior express written consent” means a written 21 agreement that: 22 1. Bears the signature of the called party; 23 2. Clearly authorizes the person making or allowing the 24 placement of a telephonic sales call by telephone call, text 25 message, or voicemail transmission to deliver or cause to be 26 delivered to the called party a telephonic sales call using an 27 automated system for the selection andordialing of telephone 28 numbers, the playing of a recorded message when a connection is 29 completed to a number called, the transmission of a text 30 message, or the transmission of a prerecorded voicemail; 31 3. Includes the telephone number to which the signatory 32 authorizes a telephonic sales call to be delivered; and 33 4. Includes a clear and conspicuous disclosure informing 34 the called party that: 35 a. By executing the agreement, the called party authorizes 36 the person making or allowing the placement of a telephonic 37 sales call to deliver or cause to be delivered a telephonic 38 sales call to the called party using an automated system for the 39 selection andordialing of telephone numbers,orthe playing of 40 a recorded message when a connection is completed to a number 41 called, the transmission of a text message, or the transmission 42 of a prerecorded voicemail; and 43 b. He or she is not required to directly or indirectly sign 44 the written agreement or to agree to enter into such an 45 agreement as a condition of purchasing any property, goods, or 46 services. 47 (k) “Unsolicited telephonic sales call” means a telephonic 48 sales call other than a call made: 49 1. Within 120 days afterIn response toan express request 50 of thepersoncalled party; 51 2. Primarily in connection with an existing debt or 52 contract, if payment or performance of such debt or contract has 53 not been completed at the time of such call; 54 3. To a person with whom the telephone solicitor has a 55 prior or existing business relationship;or56 4. By a newspaper publisher or his or her agent or employee 57 in connection with his or her business; or 58 5. For the purpose of polling or soliciting the expression 59 of ideas, opinions, or votes, including when such polling or 60 soliciting is made by text message. 61 (8)(a) A person may not make or knowingly allow a 62 telephonic sales call to be made if such call involves an 63 automated system for the selection andordialing of telephone 64 numbers,orthe playing of a recorded message when a connection 65 is completed to a number called, the transmission of a text 66 message, or the transmission of a prerecorded voicemail without 67 the prior express written consent of the called party. 68 (e) This subsection does not prohibit the use of an 69 automated system for the selection and dialing of telephone 70 numbers with live messages or text messages if the call or 71 message is made solely in response to an inquiry initiated by 72 the called party. However, only three such calls or messages may 73 be made in response to each inquiry. 74 (11)(a) In any civil litigation resulting from a 75transaction involving aviolation of this section, the 76 prevailing party, after judgment in the trial court and 77 exhaustion of all appeals, if any, shall receive his or her 78 reasonable attorneyattorney’sfees and costs from the 79 nonprevailing party. 80 (b) The attorney for the prevailing party shall submit a 81 sworn affidavit of his or her time spent on the case and his or 82 her costs incurred for all the motions, hearings, and appeals to 83 the trial judge who presided over the civil case. 84 (c) The trial judge shall award the prevailing party the 85 sum of reasonable costs incurred in the action plus a reasonable 86 legal fee for the hours actually spent on the case as sworn to 87 in an affidavit. 88 (d) Any award of attorneyattorney’sfees or costs shall 89 become a part of the judgment and subject to execution as the 90 law allows. 91 (e) In any civil litigation initiated by the department or 92 the Department of Legal Affairs, the court may award to the 93 prevailing party reasonable attorneyattorney’sfees and costs 94 if the court finds that there was a complete absence of a 95 justiciable issue of either law or fact raised by the losing 96 party or if the court finds bad faith on the part of the losing 97 party. 98 Section 2. The amendments made by this act to s. 501.059, 99 Florida Statutes, are remedial in nature and apply retroactively 100 to July 1, 2021, and to any proceeding pending or commenced on 101 or after July 1, 2021. 102 Section 3. This act shall take effect July 1, 2022.