August 25, 2019
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_h0033__
HB 33

1
A bill to be entitled
2An act relating to telephone solicitation; amending s.
3501.059, F.S.; prohibiting certain telephone solicitation
4by any person on behalf of a candidate for a federal,
5state, or local political office, committee of continuous
6existence, or other political entity; providing an
7effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Subsection (7) of section 501.059, Florida
12Statutes, is amended to read:
13     501.059  Telephone solicitation.--
14     (7)(a)  No person shall make or knowingly allow a
15telephonic sales call to be made if such call involves an
16automated system for the selection or dialing of telephone
17numbers or the playing of a recorded message when a connection
18is completed to a number called.
19     (b)  No person on behalf of a candidate for a federal,
20state, or local political office, committee of continuous
21existence, or other political entity shall make or knowingly
22allow a telephonic call related to a political office or issue
23to be made to any number on the department's "no sales
24solicitation calls" list if such call involves an automated
25system for the selection or dialing of telephone numbers or the
26playing of a recorded message when a connection is completed to
27a number called.
28     (c)(b)  Nothing herein prohibits the use of an automated
29telephone dialing system with live messages if the calls are
30made or messages given solely in response to calls initiated by
31the persons to whom the automatic calls or live messages are
32directed or if the telephone numbers selected for automatic
33dialing have been screened to exclude any telephone subscriber
34who is included on the department's then-current "no sales
35solicitation calls" listing or any unlisted telephone number, or
36if the calls made concern goods or services that have been
37previously ordered or purchased.
38     (d)(c)  It shall be unlawful for any person who makes a
39telephonic sales call or causes a telephonic sales call to be
40made to fail to transmit or cause not to be transmitted the
41telephone number and, when made available by the telephone
42solicitor's carrier, the name of the telephone solicitor to any
43caller identification service in use by a recipient of a
44telephonic sales call. However, it shall not be a violation to
45substitute, for the name and telephone number used in or billed
46for making the call, the name of the seller on behalf of which a
47telephonic sales call is placed and the seller's customer
48service telephone number, which is answered during regular
49business hours. For purposes of this section, the term "caller
50identification service" means a service that allows a telephone
51subscriber to have the telephone number and, where available,
52the name of the calling party transmitted contemporaneously with
53the telephone call and displayed on a device in or connected to
54the subscriber's telephone.
55     (e)(d)  It shall be unlawful for any person who makes a
56telephonic sales call or causes a telephonic sales call to be
57made to intentionally alter the voice of the caller in an
58attempt to disguise or conceal the identity of the caller in
59order to defraud, confuse, or financially or otherwise injure
60the recipient of a telephonic sales call or in order to obtain
61personal information from the recipient of a telephonic sales
62call which may be used in a fraudulent or unlawful manner.
63     Section 2.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.
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