Florida 2021 Regular Session Status: In Committee

HB 1307 — Telephone Solicitation

Last action — Laid on Table; companion bill(s) passed, see CS/SB 1120 (Ch. 2021-185)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Telephone Solicitation; Prohibits telephonic sales calls without prior express written consent of called party; provides requirements for written consent agreements; provides that called party may revoke express written consent; provides rebuttable presumption for telephonic sales calls made to specified area codes; removes requirement that telephone numbers be excluded from calls made by automated telephone dialing systems with live messages; prohibits commercial telephone solicitation phone calls.

Bill Text

What changed in the latest version

114 added · 380 removed

114 line(s) added, 380 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1307 2021 A bill to be entitled An act relating to telephone solicitation;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1307 2021 A bill to be entitled An act relating to telephone solicitation;
amending s.
501.616, F.S.;
prohibiting a commercial telephone seller or salesperson from using automated dialing or recorded messages to make certain commercial telephone solicitation phone calls;
revising the timeframe during which a commercial telephone seller or salesperson may make commercial solicitation phone calls;
prohibiting commercial telephone sellers or salespersons from making a specified number of commercial telephone solicitation phone calls to a person over a specified timeframe;
reenacting s.
501.604, F.S., relating to exemptions to the Florida Telemarketing Act, to incorporate the amendment made Page 1 of 15 CODING:
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hb1307-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1307 2021 to s.
501.616, F.S., in a reference thereto;
reenacting s.
648.44(1)(c), F.S., relating to prohibitions regarding bail bond agent telephone solicitations, to incorporate the amendment made to s.
501.616, F.S., in a reference thereto;
(b) As used in this subsection, the term:
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hb1307-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1307 2021 (b) As used in this subsection, the term:
"Express written consent" means a written consent agreement bearing the handwritten, electronic, or digital signature of a called party that states the telephone number to Page 2 of 15 CODING:
"Express written consent" means a written consent agreement bearing the handwritten, electronic, or digital signature of a called party that states the telephone number to which the called party authorizes a telephonic sales call to be delivered and clearly authorizes a person to make or knowingly allow a telephonic sales call to be made using an automated system for selecting or dialing telephone numbers, playing a recorded message when a connection is completed to a telephone number called, transmitting a text message, or transmitting a prerecorded voicemail.
Words stricken are deletions;
words underlined are additions.
hb1307-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1307 2021 which the called party authorizes a telephonic sales call to be delivered and clearly authorizes a person to make or knowingly allow a telephonic sales call to be made using an automated system for selecting or dialing telephone numbers, playing a recorded message when a connection is completed to a telephone number called, transmitting a text message, or transmitting a prerecorded voicemail.
(d) A called party may revoke express written consent through any reasonable means clearly expressing a desire to not receive further calls, recorded messages, text messages, or prerecorded voicemails.
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(e) There is a rebuttable presumption that any telephonic sales call made to a Florida area code is made to a resident of this state or to a person who is in this state at the time of Page 3 of 15 CODING:
hb1307-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1307 2021 the telephonic sales call.
hb1307-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1307 2021 (d) A called party may revoke express written consent through any reasonable means clearly expressing a desire to not receive further calls, recorded messages, text messages, or prerecorded voicemails.
(e) There is a rebuttable presumption that any telephonic sales call made to a Florida area code is made to a resident of this state or to a person who is in this state at the time of the telephonic sales call.
This paragraph does not authorize telephonic sales calls to a called party solely because the called party has previously conducted business with the person initiating the telephonic sales call.
This paragraph does not Page 3 of 5 CODING:
(h)(c) It is shall be unlawful for any person who makes a telephonic sales call or causes a telephonic sales call to be made to fail to transmit or cause not to be transmitted the originating telephone number and, when made available by the Page 4 of 15 CODING:
hb1307-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1307 2021 telephone solicitor's carrier, the name of the telephone solicitor to any caller identification service in use by a recipient of a telephonic sales call.
hb1307-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1307 2021 authorize telephonic sales calls to a called party solely because the called party has previously conducted business with the person initiating the telephonic sales call.
(h)(c) It is shall be unlawful for any person who makes a telephonic sales call or causes a telephonic sales call to be made to fail to transmit or cause not to be transmitted the originating telephone number and, when made available by the telephone solicitor's carrier, the name of the telephone solicitor to any caller identification service in use by a recipient of a telephonic sales call.
For purposes of this section, the term "caller identification service" means a service that allows a telephone subscriber to have the telephone number and, where available, the name of the calling party transmitted contemporaneously with the telephone call and displayed on a device in or connected to the subscriber's telephone.
For purposes of this section, the term "caller identification service" means a service that allows a telephone subscriber to have the telephone number and, where available, the name of the calling party transmitted contemporaneously with the telephone call and Page 4 of 5 CODING:
(i)(d) It is shall be unlawful for any person who makes a telephonic sales call or causes a telephonic sales call to be made to intentionally alter the voice of the caller in an attempt to disguise or conceal the identity of the caller in order to defraud, confuse, or financially or otherwise injure Page 5 of 15 CODING:
hb1307-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1307 2021 the recipient of a telephonic sales call or in order to obtain personal information from the recipient of a telephonic sales call which may be used in a fraudulent or unlawful manner.
hb1307-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1307 2021 displayed on a device in or connected to the subscriber's telephone.
(i)(d) It is shall be unlawful for any person who makes a telephonic sales call or causes a telephonic sales call to be made to intentionally alter the voice of the caller in an attempt to disguise or conceal the identity of the caller in order to defraud, confuse, or financially or otherwise injure the recipient of a telephonic sales call or in order to obtain personal information from the recipient of a telephonic sales call which may be used in a fraudulent or unlawful manner.
Subsection (6) of section 501.616, Florida Statutes, is amended to read:
501.616 Unlawful acts and practices.— (6) A commercial telephone seller or salesperson may not make any of the following types of phone calls, including calls made through automated dialing or recorded messages:
(a) A commercial telephone solicitation phone call before 8 a.m.
or after 8 9 p.m.
local time in at the called person's time zone location.
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(b) More than three commercial telephone solicitation phone calls from any number to a person over a 24-hour period on the same subject matter or issue, regardless of the phone number used to make the call.
Section 3.
For the purpose of incorporating the amendment made by this act to section 501.616, Florida Statutes, in a reference thereto, section 501.604, Florida Statutes, is reenacted to read:
501.604 Exemptions.—The provisions of this part, except ss.
501.608 and 501.616(6) and (7), do not apply to:
(1) A person engaging in commercial telephone solicitation where the solicitation is an isolated transaction and not done Page 6 of 15 CODING:
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hb1307-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1307 2021 in the course of a pattern of repeated transactions of like nature.
(2) A person soliciting for religious, charitable, political, or educational purposes.
A person soliciting for other noncommercial purposes is exempt only if that person is soliciting for a nonprofit corporation and if that corporation is properly registered as such with the Secretary of State and is included within the exemption of s.
501(c)(3) or (6) of the Internal Revenue Code.
(3) A person who does not make the major sales presentation during the telephone solicitation and who does not intend to, and does not actually, complete or obtain provisional acceptance of a sale during the telephone solicitation, but who makes the major sales presentation and completes the sale at a later face-to-face meeting between the seller and the prospective purchaser in accordance with the home solicitation provisions in this chapter.
However, if a seller, directly following a telephone solicitation, causes an individual whose primary purpose it is to go to the prospective purchaser to collect the payment or deliver any item purchased, this exemption does not apply.
(4) A licensed securities, commodities, or investment broker, dealer, or investment adviser, when soliciting within the scope of his or her license, or a licensed associated person of a securities, commodities, or investment broker, dealer, or Page 7 of 15 CODING:
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hb1307-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1307 2021 investment adviser, when soliciting within the scope of his or her license.
As used in this section, "licensed securities, commodities, or investment broker, dealer, or investment adviser" means a person subject to license or registration as such by the Securities and Exchange Commission, by the Financial Industry Regulatory Authority or other self-regulatory organization as defined by the Securities Exchange Act of 1934, 15 U.S.C.
s.
78l, or by an official or agency of this state or of any state of the United States.
As used in this section, "licensed associated person of a securities, commodities, or investment broker, dealer, or investment adviser" means an associated person registered or licensed by the Financial Industry Regulatory Authority or other self-regulatory organization as defined by the Securities Exchange Act of 1934, 15 U.S.C.
s.
78l, or by an official or agency of this state or of any state of the United States.
(5) A person primarily soliciting the sale of a newspaper of general circulation.
(6) A book, video, or record club or contractual plan or arrangement:
(a) Under which the seller provides the consumer with a form which the consumer may use to instruct the seller not to ship the offered merchandise.
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hb1307-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1307 2021 (b) Which is regulated by the Federal Trade Commission trade regulation concerning "use of negative option plans by sellers in commerce." (c) Which provides for the sale of books, records, or videos which are not covered under paragraph (a) or paragraph (b), including continuity plans, subscription arrangements, standing order arrangements, supplements, and series arrangements under which the seller periodically ships merchandise to a consumer who has consented in advance to receive such merchandise on a periodic basis.
(7) A supervised financial institution or parent, subsidiary, or affiliate thereof operating within the scope of supervised activity.
As used in this section, "supervised financial institution" means a commercial bank, trust company, savings and loan association, mutual savings bank, credit union, industrial loan company, consumer finance lender, commercial finance lender, or insurer, provided that the institution is subject to supervision by an official or agency of this state, of any state, or of the United States.
For the purposes of this exemption, "affiliate" means a person who directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, a supervised financial institution.
(8) Any licensed insurance broker, agent, customer representative, or solicitor when soliciting within the scope of Page 9 of 15 CODING:
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hb1307-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1307 2021 his or her license.
As used in this section, "licensed insurance broker, agent, customer representative, or solicitor" means any insurance broker, agent, customer representative, or solicitor licensed by an official or agency of this state or of any state of the United States.
(9) A person soliciting the sale of services provided by a cable television system operating under authority of a franchise or permit.
(10) A business-to-business sale where:
(a) The commercial telephone seller has been lawfully operating continuously for at least 3 years under the same business name and has at least 50 percent of its dollar volume consisting of repeat sales to existing businesses;
(b) The purchaser business intends to resell or offer for purposes of advertisement or as a promotional item the property or goods purchased;
or (c) The purchaser business intends to use the property or goods purchased in a recycling, reuse, remanufacturing, or manufacturing process.
(11) A person who solicits sales by periodically publishing and delivering a catalog of the seller's merchandise to prospective purchasers, if the catalog:
(a) Contains a written description or illustration of each item offered for sale.
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hb1307-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1307 2021 (b) Includes the business address or home office address of the seller.
(c) Includes at least 20 pages of written material and illustrations and is distributed in more than one state.
(d) Has an annual circulation by mailing of not less than 150,000.
(12) A person who solicits contracts for the maintenance or repair of goods previously purchased from the person making the solicitation or on whose behalf the solicitation is made.
(13) A commercial telephone seller licensed pursuant to chapter 516 or part III of chapter 520.
For purposes of this exemption, the seller must solicit to sell a consumer good or service within the scope of his or her license and the completed transaction must be subject to the provisions of chapter 516 or part III of chapter 520.
(14) A telephone company subject to chapter 364, or affiliate thereof or its agents, or a telecommunications business that is regulated by the Florida Public Service Commission, or a Federal Communications Commission licensed cellular telephone company or other bona fide radio telecommunication services provider.
For the purposes of this exemption, "affiliate" means a person who directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, a telephone company subject to chapter 364.
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hb1307-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1307 2021 (15) A person who is licensed pursuant to chapter 497 and who is soliciting within the scope of the license.
(16) An issuer or a subsidiary of an issuer that has a class of securities which is subject to s.
12 of the Securities Exchange Act of 1934, 15 U.S.C.
s.
78l, and which is either registered or exempt from registration under paragraph (A), paragraph (B), paragraph (C), paragraph (E), paragraph (F), paragraph (G), or paragraph (H) of subsection (g)(2) of that section.
(17) A business soliciting exclusively the sale of telephone answering services provided that the telephone answering services will be supplied by the solicitor.
(18) A person soliciting a transaction regulated by the Commodity Futures Trading Commission if the person is registered or temporarily licensed for this activity with the Commodity Futures Trading Commission under the Commodity Exchange Act, 7 U.S.C.
ss.
1 et seq., and the registration or license has not expired or been suspended or revoked.
(19) A person soliciting the sale of food or produce as defined in chapter 500 or chapter 504 if the solicitation neither intends to result in, or actually results in, a sale which costs the purchaser in excess of $500.
(20) A person who is registered pursuant to part XI of chapter 559 and who is soliciting within the scope of the registration.
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hb1307-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1307 2021 (21) A person soliciting business from prospective consumers who have an existing business relationship with or who have previously purchased from the business enterprise for which the solicitor is calling, if the solicitor is operating under the same exact business name.
(22) A person who has been operating, for at least 1 year, a retail business establishment under the same name as that used in connection with telemarketing, and both of the following occur on a continuing basis:
(a) Either products are displayed and offered for sale or services are offered for sale and provided at the business establishment.
(b) A majority of the seller's business involves the buyer obtaining such products or services at the seller's location.
(23) A person who is a registered developer or exchange company pursuant to chapter 721 and who is soliciting within the scope of the chapter.
(24) Any person who has been lawfully providing telemarketing sales services continuously for at least 5 years under the same ownership and control and who derives 75 percent of its gross telemarketing sales revenues from contracts with persons exempted in this section.
(25) A person licensed pursuant to chapter 475 and who is soliciting within the scope of the chapter.
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hb1307-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1307 2021 (26) A publisher, or an agent of a publisher by written agreement, who solicits the sale of his or her periodical or magazine of general, paid circulation.
The term "paid circulation" shall not include magazines that are only circulated as part of a membership package or that are given as a free gift or prize from the publisher or agent of the publisher by written agreement.
(27) A person who is a licensed operator or an identification cardholder as defined in chapter 482, and who is soliciting within the scope of the chapter.
(28) A licensee, or an affiliate of a licensee, regulated under chapter 560, the Money Transmitters' Code, for foreign currency exchange services.
Section 4.
For the purpose of incorporating the amendment made by this act to section 501.616, Florida Statutes, in a reference thereto, paragraph (c) of subsection (1) of section 648.44, Florida Statutes, is reenacted to read:
648.44 Prohibitions;
penalty.— (1) A bail bond agent or temporary bail bond agent may not:
(c) Initiate in-person or telephone solicitation after 9:00 p.m.
or before 8:00 a.m., in the case of domestic violence cases, at the residence of the detainee or the detainee's family.
Any solicitation not prohibited by this chapter must comply with the telephone solicitation requirements in ss.
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hb1307-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1307 2021 501.059(2) and (4), 501.613, and 501.616(6).
Section 5.
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Action History

  1. Laid on Table; companion bill(s) passed, see CS/SB 1120 (Ch. 2021-185)

  2. Added to Second Reading Calendar

  3. Temporarily postponed, on 2nd Reading

  4. Amendment 604163 filed

  5. 1st Reading (Committee Substitute 2)

  6. Bill added to Special Order Calendar (4/23/2021)

  7. Bill referred to House Calendar

  8. CS Filed

  9. Laid on Table under Rule 7.18(a)

  10. Reported out of Commerce Committee

  11. Favorable with CS by Commerce Committee

  12. Added to Commerce Committee agenda

  13. Added to Commerce Committee agenda

  14. Now in Commerce Committee

  15. Reported out of Civil Justice & Property Rights Subcommittee

  16. Favorable by Civil Justice & Property Rights Subcommittee

  17. Added to Civil Justice & Property Rights Subcommittee agenda

  18. Now in Civil Justice & Property Rights Subcommittee

  19. Referred to Commerce Committee

  20. Referred to Civil Justice & Property Rights Subcommittee

  21. 1st Reading (Committee Substitute 1)

  22. CS Filed

  23. Laid on Table under Rule 7.18(a)

  24. Reported out of Regulatory Reform Subcommittee

  25. Favorable with CS by Regulatory Reform Subcommittee

  26. Added to Regulatory Reform Subcommittee agenda

  27. 1st Reading (Original Filed Version)

  28. Now in Regulatory Reform Subcommittee

  29. Referred to Commerce Committee

  30. Referred to Civil Justice & Property Rights Subcommittee

  31. Referred to Regulatory Reform Subcommittee

  32. Filed

Sponsors

  • Beltran · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Beltran

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Favorable With Committee Substitute (Commerce Committee)

Passed 22 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 8001
Unaffiliated 12001
Democrat 2000
Total 22002
% of votes cast 92%0%0%8%
How each member voted (24)
Member Party Vote
Beltran — Yea
Brown — Yea
Drake — Yea
Geller — Yea
Hage — Yea
Ingoglia — Yea
Latvala — Yea
Omphroy — Yea
Rommel — Yea
Silvers — Not Voting
Slosberg-King — Yea
Tomkow — Yea
Willhite — Yea
Daley, Dan Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Barnaby, Webster Republican Yea
DiCeglie, Nick Republican Yea
Fabricio, Tom Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
McClure, Lawrence Republican Not Voting
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rodriguez, Ana Maria Republican Yea
Shoaf, Jason Republican Yea

Official roll call →

Favorable (Civil Justice & Property Rights Subcommittee)

Passed 17 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Republican 8000
Democrat 4000
Total 17001
% of votes cast 94%0%0%6%
How each member voted (18)
Member Party Vote
Aloupis — Yea
Diamond — Yea
Fernandez-Barquin — Yea
Hawkins — Not Voting
Slosberg-King — Yea
Thompson, Geraldine F. "Geri" — Yea
Eskamani, Dr. Anna V. Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Botana, Adam Republican Yea
Buchanan, James Republican Yea
Duggan, Wyman Republican Yea
Garrison, Sam Republican Yea
Grall, Erin Republican Yea
Rodriguez, Ana Maria Republican Yea
Salzman, Michelle Republican Yea
Truenow, Keith L. Republican Yea

Official roll call →

Favorable With Committee Substitute (Regulatory Reform Subcommittee)

Passed 16 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 4000
Unaffiliated 6000
Republican 6000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Goff-Marcil — Yea
Grieco — Yea
Harding — Yea
Mariano — Yea
Rommel — Yea
Toledo — Yea
Daley, Dan Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Gregory, Emily Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Maggard, Randall Scott "Randy" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Plakon, Rachel Saunders Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Rodriguez, Ana Maria Republican Yea
Sirois, Tyler I. Republican Yea

Official roll call →

Subjects

public-safety civil-rights technology
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Frequently asked questions

What does HB 1307 do?
Telephone Solicitation; Prohibits telephonic sales calls without prior express written consent of called party; provides requirements for written consent agreements; provides that called party may revoke express written consent; provides rebuttable presumption for telephonic sales calls made to specified area codes; removes requirement that telephone numbers be excluded from calls made by automated telephone dialing systems with live messages; prohibits commercial telephone solicitation phone calls.
Who sponsors HB 1307?
HB 1307 is sponsored by Beltran.
What is the current status of HB 1307?
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1307?
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