Florida 2023 Regular Session Status: Enacted 4 R cosponsors

HB 761 — Telephone Solicitation

Last action — Chapter No. 2023-150

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

This bill has been enacted into law. Introduced February 10, 2023. Enacted.

Signed by Governor Ron DeSantis (Republican) on May 25, 2023.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    3 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 R).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Telephone Solicitation; Prohibits certain telephonic sales calls; provides conditions under which civil actions may be brought for text message solicitations.

Bill Text

What changed in the latest version

25 added · 34 removed

25 line(s) added, 34 removed.

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Latest
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/HB761 2023 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/HB761 2023 A bill to be entitled An act relating to telephone solicitation;
providing conditions under which civil actions may be brought for text message solicitations;
providing conditions under which civil actions may not be brought for specified violations;
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 and 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 Page 1of 4 CODING:
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 and 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 Page 1of 3 CODING:
hb0761-02-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/HB761 2023 prerecorded voicemail;
hb0761-01-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/HB761 2023 prerecorded voicemail;
or 2.
and 2.
An act that demonstrates express consent, including, but not limited to, checking a box indicating consent or Page 2of 4 CODING:
An act that demonstrates express consent, including, but not limited to, checking a box indicating consent or Page 2of 3 CODING:
hb0761-02-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/HB761 2023 responding affirmatively to receiving text messages, to an advertising campaign, or to an e-mail solicitation.
hb0761-01-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/HB761 2023 responding affirmatively to receiving text messages, to an advertising campaign, or to an e-mail solicitation.
(8)(a) A person may not make or knowingly allow to be made an unsolicited a telephonic sales call to be made if such call involves an automated system for the selection and 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.
(8)(a) A person may not make or knowingly allow to be made an unsolicited 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.
(10) (c) Before the commencement of any action for damages under this section for text message solicitations, the called party must notify the telephone solicitor that the called party does not wish to receive text messages from the telephone solicitor by replying "STOP" to the number from which the called party received text messages from the telephone solicitor.
(10) (c) Notwithstanding any other provision of this section, no action shall lie for a violation of subsection (8) for any communication made within 30 days of:
Within 15 days after receipt of such notice, the telephone solicitor shall cease sending text message solicitations to the called party and may not send text messages to the called party thereafter, except that the telephone solicitor may send the called party a text message to confirm receipt of the notice.
1.
The called party may bring an action under this section only if the called party does not consent to receive text messages from the telephone solicitor and the telephone solicitor continues to send text messages to the called party 15 days after the called party provided notice to the telephone solicitor to cease such Page 3of 4 CODING:
The called party or consumer communicating with a telephone solicitor or other person, orally or by text message, that such called party or consumer does not wish to receive any communications from that telephone solicitor or person or the seller or organization represented by that telephone solicitor or person.
Words strickenare deletions;
2.
words underlined are additions.
The called party or consumer effectively withdrawing a previously given valid consent.
hb0761-02-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/HB761 2023 text messages.
Page 4of 4 CODING:
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hb0761-02-c2
hb0761-01-c1
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Action History

  1. Chapter No. 2023-150

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. In Messages

  6. CS passed; YEAS 29 NAYS 10

  7. Read 3rd time

  8. Read 2nd time

  9. Substituted for CS/CS/SB 1308

  10. Placed on Calendar, on 2nd reading

  11. Withdrawn from Rules

  12. Received

  13. Referred to Rules

  14. In Messages

  15. CS passed as amended; YEAS 99, NAYS 14

  16. Read 3rd time

  17. Added to Third Reading Calendar

  18. Placed on 3rd reading

  19. Amendment 717579 adopted

  20. Read 2nd time

  21. Bill added to Special Order Calendar (4/25/2023)

  22. Added to Second Reading Calendar

  23. Bill referred to House Calendar

  24. 1st Reading (Committee Substitute 2)

  25. CS Filed

  26. Laid on Table under Rule 7.18(a)

  27. Reported out of Commerce Committee

  28. Favorable with CS by Commerce Committee (Amended)

  29. Added to Commerce Committee agenda

  30. 1st Reading (Committee Substitute 1)

  31. Now in Commerce Committee

  32. Referred to Commerce Committee

  33. CS Filed

  34. Laid on Table under Rule 7.18(a)

  35. Reported out of Civil Justice Subcommittee

  36. Favorable with CS by Civil Justice Subcommittee

  37. Added to Civil Justice Subcommittee agenda

  38. Now in Civil Justice Subcommittee

  39. Reported out of Regulatory Reform & Economic Development Subcommittee

  40. Favorable by Regulatory Reform & Economic Development Subcommittee

  41. 1st Reading (Original Filed Version)

  42. Added to Regulatory Reform & Economic Development Subcommittee agenda

  43. Now in Regulatory Reform & Economic Development Subcommittee

  44. Referred to Commerce Committee

  45. Referred to Civil Justice Subcommittee

  46. Referred to Regulatory Reform & Economic Development Subcommittee

  47. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

3 sponsors · 3 co-sponsors · 158 not signed on · 20 voted No

Sponsors (3)

  • Fabricio, Tom Republican
  • Civil Justice Subcommittee
  • Commerce Committee

Co-sponsors (3)

Not signed on (158)

158 members have not signed on to this bill.

Show all 158 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 29 Yea · 10 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 20200
Democrat 2400
Unaffiliated 7400
No Party Affiliation 0001
Total 291001
% of votes cast 73%25%0%3%
How each member voted (40)
Member Party Vote
Collins — Yea
Perry — Yea
Powell — Nay
Baxley — Yea
Book — Nay
Stewart — Yea
Hutson — Yea
Ingoglia — Yea
Torres — Nay
Broxson — Yea
Thompson, Geraldine F. "Geri" — Nay
Berman, Lori Democrat Nay
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Nay
Osgood, Rosalind Democrat Nay
Polsky, Tina Scott Democrat Nay
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Not Voting
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Yea
DiCeglie, Nick Republican Yea
Garcia, Ileana Republican Yea
Grall, Erin Republican Nay
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Martin, Jonathan Republican Nay
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Passage, Third Reading

Passed 99 Yea · 14 Nay · 6 Other
Party YeaNayPresentNot Voting
Democrat 151201
Republican 61102
Unaffiliated 23103
Total 991406
% of votes cast 83%12%0%5%
How each member voted (119)
Member Party Vote
Clemons — Yea
Waldron — Yea
Williams — Yea
Fine — Not Voting
Rayner-Goolsby — Not Voting
Caruso — Not Voting
Altman — Yea
Payne — Yea
Amesty — Yea
Fernandez-Barquin — Yea
Renner — Yea
Roach — Yea
Bell — Yea
Grant — Yea
Rommel — Yea
Beltran — Nay
Roth — Yea
Benjamin — Yea
Rudman — Yea
Hawkins — Yea
Silvers — Yea
Killebrew — Yea
Stevenson — Yea
Temple — Yea
Casello — Yea
Tomkow — Yea
Lopez, V. — Yea
Antone, Bruce Hadley Democrat Nay
Arrington, Kristen Aston Democrat Nay
Bartleman, Robin Democrat Yea
Bracy Davis, LaVon Democrat Yea
Campbell, Daryl Democrat Nay
Chambliss, Kevin D. Democrat Yea
Cross, Lindsay Democrat Nay
Daley, Dan Democrat Yea
Daniels, Kimberly Democrat Yea
Driskell, Fentrice Democrat Nay
Dunkley, Lisa Democrat Yea
Edmonds, Jervonte "Tae" Democrat Yea
Eskamani, Dr. Anna V. Democrat Nay
Franklin II, Gallop Democrat Yea
Gantt, Ashley Viola Democrat Nay
Gottlieb, Michael "Mike" Democrat Nay
Gregory, Emily Democrat Yea
Harris, Jennifer "Rita" Democrat Nay
Hart-Lowman, Dianne "Ms Dee" Democrat Nay
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Not Voting
López, Johanna Democrat Yea
Nixon, Angela "Angie" Democrat Nay
Robinson, Felicia Simone Democrat Nay
Skidmore, Kelly Democrat Yea
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Abbott, Shane G. Republican Yea
Alvarez, Daniel Antonio "Danny" Republican Yea
Anderson, Adam Republican Yea
Andrade, Robert Alexander "Alex" Republican Yea
Baker, Jessica Republican Yea
Bankson, Douglas Michael "Doug" Republican Yea
Barnaby, Webster Republican Yea
Basabe, Fabián Republican Yea
Berfield, Kimberly Republican Yea
Black, Dean Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brackett, Robert A. "Robbie" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Busatta, Demi Republican Yea
Canady, Jennifer Republican Yea
Cassel, Hillary Republican Nay
Chaney, Linda Republican Yea
Duggan, Wyman Republican Not Voting
Esposito, Tiffany Republican Yea
Fabricio, Tom Republican Yea
Garcia, Ileana Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Gonzalez Pittman, Karen Republican Yea
Gossett-Seidman, Peggy Republican Yea
Griffitts Jr., Philip Wayne "Griff" Republican Yea
Holcomb, Jeff Republican Yea
Jacques, Berny Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Not Voting
Melo, Lauren Republican Yea
Michael, Kiyan Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Porras, Juan Carlos Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Stark, Paula A. Republican Yea
Steele, Kevin M. Republican Yea
Trabulsy, Dana Republican Yea
Tramont, Chase Republican Yea
Truenow, Keith L. Republican Yea
Tuck, Kaylee Republican Yea
Valdés, Susan L. Republican Yea
Yarkosky, Taylor Michael Republican Yea
Yeager, Bradford Troy "Brad" Republican Yea

Official roll call →

Favorable With Committee Substitute (Commerce Committee)

Passed 16 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Democrat 3102
Republican 12001
Unaffiliated 1002
Total 16105
% of votes cast 73%5%0%23%
How each member voted (22)
Member Party Vote
Benjamin — Not Voting
Rommel — Yea
Rudman — Not Voting
Antone, Bruce Hadley Democrat Not Voting
Arrington, Kristen Aston Democrat Nay
Daniels, Kimberly Democrat Yea
Harris, Jennifer "Rita" Democrat Yea
Joseph, Dotie Democrat Not Voting
Tant, Allison Democrat Yea
Barnaby, Webster Republican Yea
Borrero, David Republican Yea
Duggan, Wyman Republican Yea
Giallombardo, Mike Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maney, Patt Republican Yea
Melo, Lauren Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Sirois, Tyler I. Republican Yea
Steele, Kevin M. Republican Yea
Tramont, Chase Republican Not Voting
Yeager, Bradford Troy "Brad" Republican Yea

Official roll call →

Favorable With Committee Substitute (Civil Justice Subcommittee)

Passed 12 Yea · 3 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 1301
Unaffiliated 2000
Republican 9002
Total 12303
% of votes cast 67%17%0%17%
How each member voted (18)
Member Party Vote
Beltran — Yea
Roth — Yea
Arrington, Kristen Aston Democrat Nay
Campbell, Daryl Democrat Nay
Daniels, Kimberly Democrat Not Voting
Gantt, Ashley Viola Democrat Nay
López, Johanna Democrat Yea
Black, Dean Republican Yea
Maggard, Randall Scott "Randy" Republican Not Voting
Maney, Patt Republican Yea
McFarland, Fiona Republican Yea
Michael, Kiyan Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Sirois, Tyler I. Republican Not Voting
Smith, David Republican Yea
Snyder, John Republican Yea

Official roll call →

Favorable (Regulatory Reform & Economic Development Subcommittee)

Passed 12 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 1002
Republican 10001
Democrat 1000
Total 12003
% of votes cast 80%0%0%20%
How each member voted (15)
Member Party Vote
Amesty — Not Voting
Casello — Not Voting
Silvers — Yea
Nixon, Angela "Angie" Democrat Yea
Gossett-Seidman, Peggy Republican Yea
Holcomb, Jeff Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
McFarland, Fiona Republican Not Voting
Melo, Lauren Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Valdés, Susan L. Republican Yea
Yeager, Bradford Troy "Brad" Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does HB 761 do?
Telephone Solicitation; Prohibits certain telephonic sales calls; provides conditions under which civil actions may be brought for text message solicitations.
Who sponsors HB 761?
HB 761 is sponsored by Leek, Thomas J. "Tom" (Republican), Buchanan, James (Republican), Barnaby, Webster (Republican), Fabricio, Tom (Republican), Civil Justice Subcommittee, and Commerce Committee.
What is the current status of HB 761?
This bill has been enacted into law. Introduced February 10, 2023. Enacted.
Where can I track HB 761?
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