By unanimous vote, the Florida State Legislature recently passed CS/SB 1120. This Bill updates the Florida Telemarketing Act and the Florida Do Not Call Act, creating a Florida-specific version of the Federal TCPA. Although several of the new provisions are similar to the TCPA, many expand its scope and confer even greater consumer protections. Absent a veto by Governor Ron DeSantis, the Bill will go into effect on July 1, 2021. And even if the Bill is vetoed, the unanimous approval of the Bill by both houses of the Florida Legislature all but guarantees a veto override by a two-thirds vote in each house.
The Bill also heralds changes to the Florida Telemarketing Act, including:
At bottom, businesses that make telephonic sales calls, send text messages, or direct-to-voicemail transmissions, either with an autodialer or for the purpose of playing a recorded message to a Florida consumer or to a phone with a Florida-based area code, may need to adjust their practices to comply with these new restrictions.