Florida Senate - 2023 SB 1246 By Senator Yarborough 4-00496A-23 20231246__ 1 A bill to be entitled 2 An act relating to truth in legal advertising; 3 creating s. 501.139, F.S.; defining terms; specifying 4 prohibited practices relating to advertisements for 5 legal services; requiring persons and entities that 6 issue advertisements to solicit certain clients to 7 include specified information and statements in such 8 advertisements; providing for both written and verbal 9 statements in advertisements for legal services; 10 providing requirements for such written and verbal 11 statements; providing that the person or entity that 12 issues an advertisement is solely responsible for 13 ensuring its compliance with specified provisions; 14 providing media entities with immunity from liability 15 for disseminating another person’s or entity’s 16 advertisement that violates specified provisions; 17 providing applicability; prohibiting the use, 18 obtaining, sale, transfer, or disclosure of a 19 consumer’s protected health information for a 20 specified purpose without written authorization; 21 providing an exception; providing that certain 22 violations are deemed deceptive and unfair trade 23 practices; providing construction; providing an 24 effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Section 501.139, Florida Statutes, is created to 29 read: 30 501.139 Advertisements for legal services.— 31 (1) As used in this section, the term: 32 (a) “Advertisement for legal services” means any 33 representation disseminated in any manner through a media entity 34 for the purpose of soliciting prospective clients for legal 35 services. The term includes such solicitation by a person with 36 the intent to transfer data obtained from the consumer to one or 37 more attorneys for legal services. 38 (b) “Media entity” means a radio broadcast station, a 39 television broadcast station, a cable television company, a 40 newspaper company, a periodical company, a billboard company, an 41 advertising agency, a digital media platform, or a bona fide 42 news or public interest website operator. 43 (c) “Protected health information” has the same meaning as 44 provided in 45 C.F.R. s. 160.103. 45 (d) “Solicit” means attempting to procure a client for 46 legal services by initiating unsolicited personal, telephone, or 47 real-time electronic contact or by advertising such services 48 through print media, video or audio recorded advertisements, or 49 electronic communications. 50 (2) A person or an entity that issues an advertisement for 51 legal services may not do any of the following: 52 (a) Present the advertisement as a medical alert, health 53 alert, drug alert, or public service announcement or use any 54 substantially similar phrase that suggests to a reasonable 55 consumer that the advertisement is offering professional or 56 medical advice or advice from a state or federal governmental 57 entity or an entity approved by or affiliated with a state or 58 federal governmental entity. 59 (b) Display the logo of a state or federal governmental 60 entity in a manner that suggests to a reasonable consumer that 61 the advertisement is presented by a state or federal 62 governmental entity or by an entity approved by or affiliated 63 with a state or federal governmental entity. 64 (c) Use the term “recall” when referring to a product that 65 has not been recalled in accordance with applicable state or 66 federal regulations. 67 (3) A person or an entity that issues an advertisement for 68 legal services to solicit clients who may allege injury from a 69 prescription drug or medical device approved by the United 70 States Food and Drug Administration shall include all of the 71 following in the advertisement: 72 (a) The statement, “This is a paid advertisement for legal 73 services,” which must appear at the beginning of the 74 advertisement. 75 (b) The identity of the sponsor of the advertisement. 76 (c) Either the identity of the attorney or the law firm 77 that will be primarily responsible for providing the solicited 78 legal services to a consumer who engages the attorney or law 79 firm in response to the advertisement or an explanation of how a 80 responding consumer’s case will be referred to an attorney or a 81 law firm if the sponsor of the advertisement is not licensed to 82 practice law. 83 (d) A statement that a prescription drug or medical device 84 approved by the United States Food and Drug Administration 85 remains approved unless it has been recalled in accordance with 86 the applicable state or federal regulations. 87 (e) The statement, “Consult your physician before making 88 any decision regarding prescribed medication or medical 89 treatment.” 90 (4) The statements required to appear in an advertisement 91 under this section must be made in both written and verbal 92 formats, except that a print-only advertisement may include the 93 statements in written format only and an audio-only 94 advertisement may include the statements in verbal format only. 95 (a) Required written statements must appear in a clear and 96 conspicuous font and manner and, for visual advertisements, must 97 appear on screen for a sufficient length of time for a 98 reasonable consumer to read the statement. A written statement 99 is presumed to comply with the requirements of this subsection 100 if it appears in the same font style and size and for the same 101 duration as a printed reference to the telephone number or 102 website that a consumer is to use to contact the entity for the 103 advertised legal services, provided such duration is at least 10 104 seconds. 105 (b) Required verbal statements must be audible, 106 intelligible, and presented with equal prominence and speed as 107 the other parts of the advertisement. A verbal statement is 108 presumed to comply with the requirements of this subsection if 109 it is made at approximately the same volume and uses 110 approximately the same number of words per minute as used when 111 presenting other information in the advertisement which is not 112 required under this section. 113 (5) The person or entity that issues an advertisement for 114 legal services is solely responsible for ensuring that such 115 advertisement complies with this section, and a media entity may 116 not be held liable or subjected to any penalty for producing, 117 distributing, transmitting, displaying, publishing, or otherwise 118 disseminating another person’s or entity’s advertisement for 119 legal services which violates this section. 120 (6) This section does not apply to an advertisement that 121 has been reviewed and approved by an ethics or disciplinary 122 committee of The Florida Bar in accordance with its rules of 123 professional conduct. 124 (7) A person or an entity may not use, cause to be used, 125 obtain, sell, transfer, or disclose a consumer’s protected 126 health information to another person or entity for the purpose 127 of soliciting the consumer for legal services without written 128 authorization from that consumer. This subsection does not apply 129 to the use or disclosure of protected health information to an 130 individual’s legal representative in the course of any judicial 131 or administrative proceeding or as otherwise permitted or 132 required by law. 133 (8) A violation of this section is deemed a deceptive and 134 unfair trade practice subject to enforcement under part II of 135 this chapter. 136 (9) This section does not limit or otherwise affect the 137 authority of The Florida Bar to regulate the practice of law, 138 enforce its rules of professional conduct, or discipline any 139 person admitted to practice law in this state. 140 Section 2. This act shall take effect July 1, 2023.