Bill Text: FL S0568 | 2018 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Telephone Solicitation

Spectrum: Bipartisan Bill

Status: (Passed) 2018-03-21 - Chapter No. 2018-23 [S0568 Detail]

Download: Florida-2018-S0568-Comm_Sub.html

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       Florida Senate - 2018                              CS for SB 568
       
       
        
       By the Committee on Commerce and Tourism; and Senator Young
       
       
       
       
       
       577-01302-18                                           2018568c1
    1                        A bill to be entitled                      
    2         An act relating to telephone solicitation; amending s.
    3         501.059, F.S.; revising the definition of the term
    4         “telephonic sales call” to include voicemail
    5         transmissions; defining the term “voicemail
    6         transmission”; prohibiting the transmission of
    7         voicemails to specified persons who communicate to a
    8         telephone solicitor that they would not like to
    9         receive certain voicemail solicitations or requests
   10         for donations; requiring that if a telephone number is
   11         available through a caller identification system, that
   12         telephone number must be capable of receiving calls
   13         and must connect the original call recipient to the
   14         solicitor; revising penalties; providing an effective
   15         date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraph (g) of subsection (1) of section
   20  501.059, Florida Statutes, is amended, a new paragraph (i) is
   21  added to that subsection, and subsection (5), paragraph (c) of
   22  subsection (8), and subsection (9) of that section are amended,
   23  to read:
   24         501.059 Telephone solicitation.—
   25         (1) As used in this section, the term:
   26         (g) “Telephonic sales call” means a telephone call, or text
   27  message, or voicemail transmission to a consumer for the purpose
   28  of soliciting a sale of any consumer goods or services,
   29  soliciting an extension of credit for consumer goods or
   30  services, or obtaining information that will or may be used for
   31  the direct solicitation of a sale of consumer goods or services
   32  or an extension of credit for such purposes.
   33         (i) “Voicemail transmission” means technologies that
   34  deliver a voice message directly to a voicemail application,
   35  service, or device.
   36         (5) A telephone solicitor or other person may not initiate
   37  an outbound telephone call, or text message, or voicemail
   38  transmission to a consumer or donor or potential donor who has
   39  previously communicated to the telephone solicitor or other
   40  person that he or she does not wish to receive an outbound
   41  telephone call, or text message, or voicemail transmission:
   42         (a) Made by or on behalf of the seller whose goods or
   43  services are being offered; or
   44         (b) Made on behalf of a charitable organization for which a
   45  charitable contribution is being solicited.
   46         (8)
   47         (c) It shall be unlawful for any person who makes a
   48  telephonic sales call or causes a telephonic sales call to be
   49  made to fail to transmit or cause not to be transmitted the
   50  telephone number and, when made available by the telephone
   51  solicitor’s carrier, the name of the telephone solicitor to any
   52  caller identification service in use by a recipient of a
   53  telephonic sales call. However, it shall not be a violation to
   54  substitute, for the name and telephone number used in or billed
   55  for making the call, the name of the seller on behalf of which a
   56  telephonic sales call is placed and the seller’s customer
   57  service telephone number, which is answered during regular
   58  business hours. If a telephone number is made available through
   59  a caller identification service as a result of a telephone sales
   60  call, that telephone number must be capable of receiving phone
   61  calls and must connect the original call recipient, upon calling
   62  such number, to the telephone solicitor or to the seller on
   63  behalf of which a telephonic sales call was placed. For purposes
   64  of this section, the term “caller identification service” means
   65  a service that allows a telephone subscriber to have the
   66  telephone number and, where available, the name of the calling
   67  party transmitted contemporaneously with the telephone call and
   68  displayed on a device in or connected to the subscriber’s
   69  telephone.
   70         (9)(a) The department shall investigate any complaints
   71  received concerning violations of this section. If, after
   72  investigating a complaint, the department finds that there has
   73  been a violation of this section, the department or the
   74  Department of Legal Affairs may bring an action to impose a
   75  civil penalty and to seek other relief, including injunctive
   76  relief, as the court deems appropriate against the telephone
   77  solicitor. The civil penalty shall be in the Class IV III
   78  category pursuant to s. 570.971 for each violation and shall be
   79  deposited in the General Inspection Trust Fund if the action or
   80  proceeding was brought by the department, or the Legal Affairs
   81  Revolving Trust Fund if the action or proceeding was brought by
   82  the Department of Legal Affairs. This civil penalty may be
   83  recovered in any action brought under this part by the
   84  department, or the department may terminate any investigation or
   85  action upon agreement by the person to pay a stipulated civil
   86  penalty. The department or the court may waive any civil penalty
   87  if the person has previously made full restitution or
   88  reimbursement or has paid actual damages to the consumers who
   89  have been injured by the violation.
   90         (b) The department may, as an alternative to the civil
   91  penalties provided in paragraph (a), impose an administrative
   92  fine in the Class III I category pursuant to s. 570.971 for each
   93  act or omission that constitutes a violation of this section. An
   94  administrative proceeding that could result in the entry of an
   95  order imposing an administrative penalty must be conducted
   96  pursuant to chapter 120.
   97         Section 2. This act shall take effect July 1, 2018.