The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 1308
INTRODUCER: Rules Committee; Commerce and Tourism Committee; and Senator Yarborough and
others
SUBJECT: Telephone Solicitation
DATE: April 25, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Fav/CS
2. Renner Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1308 amends s. 501.059, F.S., relating to the Florida Telemarketing Act to:
 Clarify notice requirements prior to obtaining consent for telephone calls, text messages, or
the transmission of prerecorded voicemails.
 Specify that the signature needed to establish prior written consent for telephonic sales calls
includes an electronic or digital signature if the form of signature is recognized as a valid
signature under federal law or state contract law, or an act that demonstrates express consent,
including, but not limited to, checking a box indicating consent or responding affirmatively
to receiving text messages, to an advertising campaign, or to an e-mail solicitation.
 Provide that a person may not make or knowingly allow to be made an unsolicited
telephonic sales call if such call involves an automated system for the selection and dialing
of telephone numbers or the playing of a recorded message when a connection is completed
to a number called without the prior express written consent of the called party.
The bill provides that prior to commencement of any action for damages for text message
solicitations, the called party must reply “STOP” to the number from which the called party
received the text, and within 15 days after that request, the solicitor must cease sending text
messages. An action for damages may be brought only if the solicitor continues to text 15 days
after the request to stop.
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The bill specifies that amendments made by this bill to s. 501.059, F.S., apply to any suit filed on
or after the effective date of the bill, and to any putative class action not certified on or before the
effective date.
The bill does not have a fiscal impact on state or local governments.
The bill takes effect upon becoming law.
II. Present Situation:
Florida Telemarketing Act
Chapter 501, part IV, F.S., the Florida Telemarketing Act (FTA), requires non-exempt
businesses engaged in telemarketing and their salespeople to be licensed by the Florida
Department of Agriculture and Consumer Services (DACS) before operating in Florida. Certain
exempt entities must have a valid affidavit of exemption on file prior to operating in Florida.
There are approximately 28 exemptions, including: soliciting for religious, charitable, political or
educational purposes; research companies; newspapers; book and video clubs; cable television;
and persons or companies with whom the consumer has a prior business relationship.1
The FTA generally requires businesses that solicit the sale of consumer goods or services to:
 Be licensed;2
 Post a form of security;3
 License all of their salespeople4 and
 Provide the DACS with a list of all telephone numbers used to make sales calls.5
An application for licensure as a telemarketer must include several pieces of information,
including the applicant’s identifying information, prior experience in the field, criminal and
administrative history (especially relating to fraud, theft, or unfair and deceptive trade practices),
phone numbers from which the telemarketer will make sales calls, and any parent or affiliate
entities under which it will transact business, if applicable.6
Additionally, an applicant for licensure as a telemarketer must submit:
 A script that will be used by its salespersons during calls, or other related literature;
 The identity, address, date of birth, and alias of each of the applicant’s principal officers,
directors, trustees, shareholders, owners, partners, office managers, and salespersons who are
employed by or affiliated with the applicant;7 and
 A $1,500 licensing fee.8
1
Section 501.604, F.S.
2
Section 501.605, F.S.
3
Section 501.611, F.S., requires a $50,000 bond, irrevocable letter of credit issued for the applicant, or a certificate of deposit
in favor of the DACS for payment on findings of fraud, misrepresentation, breach of contract, or other violation by the
applicant.
4
Section. 501.607, F.S.
5
Section 501.605(2)(k), F.S.
6
Section 501.605(2), F.S.
7
Section 501.605(2)(k), F.S.
8
Section 501.605(5)(b), F.S.
BILL: CS/CS/SB 1308 Page 3
In Florida, it is unlawful for telemarketers to:9
 Make calls before 8 a.m. or after 8 p.m. local time at the called person’s time zone;
 Fail to provide the call recipient with their name and telephone number;
 Accept novelty payments;10
 Employ or be affiliated with an unlicensed salesperson;
 Be employed by or affiliated with an unlicensed commercial telephone seller; and
 Operate without a license.
Florida Do Not Call Act
Do Not Call List
Section 501.059, F.S., governs telephone solicitations. The law includes the Florida Do Not Call
Act, also known as the "Do Not Call” list (DNC list), which prohibits unsolicited telephonic
sales calls and text messages from telemarketers.11 Residents who do not wish to receive
unsolicited telephonic sales calls may have their residential, mobile, or paging device telephone
number included on the DNC list. The DACS maintains the DNC list. It is free to register and a
registered number remains on the DNC list indefinitely.12
An “unsolicited telephonic sales call” does not include calls made:
 In response to an express request of the person called;
 Primarily in connection with an existing debt or contract, if payment or performance of such
debt or contract has not been completed at the time of such call;
 To a person with whom the telephone solicitor has a prior or existing business relationship;
or
 By a newspaper publisher or his or her agent or employee in connection with his or her
business.13
Telephone solicitors14 are prohibited from making telephonic sales calls15 to consumers who
register for the DNC list. A “telephonic sales call” means a telephone call, text message, or
voicemail transmission to a consumer for the purpose of soliciting a sale of consumer goods or
services, soliciting an extension of credit for consumer goods or services, or obtaining
9
Section 501.616, F.S.
10
Section 501.603(8), F.S., defines a “novelty payment” as a payment method that does not have systematic monitoring and
includes remotely created checks, remotely created payment orders, cash-to-cash money transfers (such as Western Union)
and cash reload mechanisms (such as MoneyPak or ReloadIt). Novelty payment methods are not systematically monitored,
have little to no consumer protection in the case of fraud or theft, and are used frequently in scams and other fraudulent
activity.
11 See s. 501.059, F.S.
12
Dept. of Agriculture and Consumer Services, Florida Do Not Call, available at https://www.fdacs.gov/Consumer-
Resources/Florida-Do-Not-Call (last visited April 3, 2023).
13
Section 501.059(1)(k), F.S.
14
Section 501.059(1)(i), F.S., defines “telephone solicitor” as “a natural person, firm, organization, partnership, association,
or corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephonic
sales call, including, but not limited to, calls made by use of automated dialing or recorded message devices.”
15
Section 501.059(1)(j), F.S., defines “telephonic sales call” as a telephone call, text message, or voicemail transmission to a
consumer for the purpose of soliciting a sale of any consumer goods or services, soliciting an extension of credit for
consumer goods or services, or obtaining information that will or may be used for the direct solicitation of a sale of consumer
goods or services or an extension of credit for such purposes.
BILL: CS/CS/SB 1308 Page 4
information that will or may be used for the direct solicitation of a sale of consumer goods or
services or an extension of credit for such purposes.16
In addition to those consumers who are registered for the DNC list, a telephone solicitor may not
call or text a consumer who previously communicated to the telephone solicitor that he or she
does not wish to be contacted. Businesses and non-profit organizations are required to maintain a
list of consumers who have made a do-not-call registration request. It is a violation of the Florida
Do Not Call Act to call a consumer who has requested placement on the company's do-not-call
list.17
When a telephone number is made available through a caller ID service during a telephonic sales
call, the solicitor must ensure that the number is capable of receiving phone calls, and that the
dialing of the number will connect the call recipient with the telephone solicitor or the seller on
behalf of which the phone call was placed.18
Anyone who receives an unsolicited sales call can report the call to the DACS using the online
Do Not Call Complaint Form.19
Do Not Call - Consent
In 2021, the Florida Legislature updated s. 501.059, F.S., to further address unsolicited phone
calls.20 The law governing telephone solicitations also prohibits automated telephonic sales calls
without the prior express written consent of the called party. Specifically, the law provides that:
A person may not make or knowingly allow a telephonic sales call to be
made if such call involves an automated system for the selection or dialing
of telephone numbers or the playing of a recorded message when a
connection is completed to a number called without the prior express
written consent of the called party.21
“Prior express written consent” is defined as a written agreement that:
 Bears the signature of the called party;
 Clearly authorizes the person making or allowing the placement of a telephonic sales call by
telephone call, text message, or voicemail transmission to deliver or cause to be delivered to
the called party a telephonic sales call using an automated system for the selection or dialing
of telephone numbers, the playing of a recorded message when a connection is completed to
a number called, or the transmission of a prerecorded voicemail; and
 Includes the telephone number to which the signatory authorizes a telephonic sales call to be
delivered.22
16
Section 501.059(1)(j), F.S.
17
Section 501.059(5), F.S.
18
Section 501.059(8)(b), F.S.
19
Dept. of Agriculture and Consumer Services, Florida Do Not Call, available at https://www.fdacs.gov/Consumer-
Resources/Florida-Do-Not-Call (last visited April 3, 2023).
20
Chapter 2021-185, s. 1, Laws of Fla.
21 Section 501.059(8)(a), F.S.
22
Section 501.059(1)(g), F.S.
BILL: CS/CS/SB 1308 Page 5
Prior express written consent must include a clear and conspicuous disclosure informing the
called party that:
 By executing the agreement, the called party authorizes the person making or allowing the
placement of a telephonic sales call to deliver or cause to be delivered a telephonic sales call
to the called party using an automated system for the selection or dialing of telephone
numbers or the playing of a recorded message when a connection is completed to a number
called; and
 He or she is not required to directly or indirectly sign the written agreement or to agree to
enter into such an agreement as a condition of purchasing any property, goods, or services.23
There is a rebuttable presumption that a telephonic sales call made to any Florida area code is a
call made to a Florida resident or to a person in Florida at the time of the call.24
One entity reports that this 2021 change to the FTA has resulted in at least 100 class action
complaints against those who make telephone sales calls since July 2021.25
Penalties
The DACS or the Office of the Attorney General may bring an action against a telephone
solicitor who violates the provisions of s. 501.059, F.S. Each violation is subject to a civil
penalty with a maximum fine of $10,000 per violation, or an administrative fine with a
maximum of $1,000 per violation, in addition to attorney’s fees and costs.26
In addition, a private citizen may file a private civil action to either enjoin the violation or
recover actual damages, or $500, whichever is greater, in addition to attorney’s fees and costs.
This civil penalty may be tripled by the court if it finds that the defendant knowingly or willfully
committed the violation.27
Federal Telephone Consumer Protection Act (TCPA) History
In an effort to address a growing number of telephone marketing calls, Congress enacted the
Telephone Consumer Protection Act (TCPA) in 1991. The TCPA restricts the making of
telemarketing calls and the use of automatic telephone dialing systems and artificial or
prerecorded voice messages. An automatic telephone dialing system is defined as “equipment
which has the capacity to store or produce telephone numbers to be called, using a random or
sequential number generator; and to dial such numbers.”28 The rules apply to common carriers
as well as to other marketers. In 1992, the Federal Communications Commission (FCC) adopted
rules to implement the TCPA, including the requirement that entities making telephone
solicitations institute procedures for maintaining company-specific do-not-call lists.29
23
Section 501.059(1)(g)4., F.S.
24
Section 501.059(8)(d), F.S.
25
Eric Troutman, TCPAWorld, The FTSA Claims are Still Pouring In: Florida Mini TCPA Continues to Generate Huge
Volume of Litigation (Dec. 13, 2021), available at https://tcpaworld.com/2021/12/13/the-ftsa-claims-are-still-pouring-in-
florida-mini-tcpa-continues-to-generate-huge-volume-of-litigation/ (last visited April 3, 2023).
26
Section 501.059(9), F.S.
27
Sections 501.059(10)-(11), F.S.
28
47 U.S.C., s. 227(a)(1)
29 Federal Communications Commission, FCC Actions on Robocalls, Telemarketing, available at
https://www.fcc.gov/general/telemarketing-and-robocalls (last visited April 3, 2023).
BILL: CS/CS/SB 1308 Page 6
In July 2015, the FCC established rules indicating that telephone carriers can block unwanted
calls at the request of consumers.30 Currently there are a number of call-blocking applications
that provide some relief from unwanted calls and spam calls.31
On November 16, 2017, the FCC adopted new rules to allow voice service providers to
proactively block certain types of robocalls that are likely to be fraudulent because they come
from certain types of phone numbers, including those that do not or cannot make outgoing
calls.32 For example, perpetrators have used IRS phone numbers that do not dial out to
impersonate the tax agency, informing the people who answer that they are calling to collect
money owed to the U.S. government. Such calls appear legitimate to the person who receives
them and may often result in fraud or identity theft. Service providers can now block such calls,
as well as calls from invalid or illegitimate numbers.33
The FCC requires telemarketers to transmit caller identification information, including the
number and name of the caller. The telephone number provided must permit any individual to
make a do-not-call request during regular business hours. Moreover, any person or entity that
engages in telemarketing is prohibited from blocking the transmission of caller identification
information. However, tax-exempt nonprofit organizations are exempt from compliance with
these rules.34
With regard to telephone carriers, the FCC allows carriers to offer their customers external call-
blocking applications on their landlines and allows carriers to directly block certain illegal
robocalls. In December 2019, Congress enacted the “TRACED Act” to aid enforcement efforts