Bill Text: FL S0568 | 2018 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
Florida Senate - 2018 CS for CS for SB 568 By the Committees on Rules; and Commerce and Tourism; and Senator Young 595-02014-18 2018568c2 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 a solicitor to ensure that if 11 a telephone number is available through a caller 12 identification system, that telephone number must be 13 capable of receiving calls and must connect the 14 original call recipient to the solicitor; revising 15 penalties; providing an effective 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,ortext 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,ortext 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,ortext 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 originating telephone number and, when made available by the 51 telephone solicitor’s carrier, the name of the telephone 52 solicitor to any caller identification service in use by a 53 recipient of a telephonic sales call. However, it shall not be a 54 violation to substitute, for the name and telephone number used 55 in or billed for making the call, the name of the seller on 56 behalf of which a telephonic sales call is placed and the 57 seller’s customer service telephone number, which is answered 58 during regular business hours. If a telephone number is made 59 available through a caller identification service as a result of 60 a telephonic sales call, the solicitor must ensure that 61 telephone number is capable of receiving phone calls and must 62 connect the original call recipient, upon calling such number, 63 to the telephone solicitor or to the seller on behalf of which a 64 telephonic sales call was placed. For purposes of this section, 65 the term “caller identification service” means a service that 66 allows a telephone subscriber to have the telephone number and, 67 where available, the name of the calling party transmitted 68 contemporaneously with the telephone call and displayed on a 69 device in or connected to the subscriber’s 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 IVIII78 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 IIIIcategory 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.