THE BILL ITSELF
SB 134
Telephone Solicitation
Florida Senate - 2026 SB 134 By Senator Polsky 30-00110-26 2026134__
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A bill to be entitled
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An act relating to telephone solicitation; amending s.
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501.059, F.S.; revising the definition of the terms
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“telephone solicitor” and “telephonic sales call”;
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revising the conditions for awarding attorney fees in
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civil actions relating to telephone solicitation;
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making technical changes; providing construction and
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retroactive application; reenacting s. 517.0615(2)(c),
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F.S., relating to solicitations of interest, to
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incorporate the amendment made to s. 501.059, F.S., in
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a reference thereto; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraphs (i) and (j) of subsection (1) and
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paragraphs (a), (d), and (e) of subsection (11) of section
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501.059, Florida Statutes, are amended to read:
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501.059 Telephone solicitation.—
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(1) As used in this section, the term:
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(i) “Telephone solicitor” means a natural person, firm,
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organization, partnership, association, or corporation, or a
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subsidiary or affiliate thereof, doing business in this state,
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who makes or causes to be made a telephonic sales call,
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including, but not limited to, calls made by use of automated
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dialing or recorded message devices. The term does not include a
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tax-exempt nonprofit organization or a person or an organization
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acting on its behalf.
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(j) “Telephonic sales call” means a telephone call, text
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message, or voicemail transmission to a consumer for the purpose
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of soliciting a sale of any consumer goods or services,
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soliciting an extension of credit for consumer goods or
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services, or obtaining information that will or may be used for
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the direct solicitation of a sale of consumer goods or services
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or an extension of credit for such purposes. A phone call, text
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message, or voicemail transmission is not considered a
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telephonic sales call if it is made by a tax-exempt nonprofit
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organization for a religious, charitable, political, or
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educational purpose.
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(11)(a) In a any civil action alleging litigation resulting
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from a transaction involving a violation of this section, the
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prevailing party, after judgment in the trial court and
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exhaustion of all appeals, is entitled to if any, shall receive
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his or her reasonable attorney fees and costs from the
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nonprevailing party.
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(d) An Any award of attorney fees or costs becomes shall
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become a part of the judgment and is subject to execution as the
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law allows .
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(e) In a any civil action litigation initiated by the
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department or the Department of Legal Affairs, the court may
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award to the prevailing party reasonable attorney fees and costs
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if the court finds that there was a complete absence of a
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justiciable issue of either law or fact raised by the losing
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party or if the court finds bad faith on the part of the losing
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party.
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Section 2. The amendments made by this act to s. 501.059,
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Florida Statutes, are remedial in nature and apply
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retroactively.
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Section 3. For the purpose of incorporating the amendment
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made by this act to section 501.059, Florida Statutes, in a
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reference thereto, paragraph (c) of subsection (2) of section
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517.0615, Florida Statutes, is reenacted to read:
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517.0615 Solicitations of interest.—
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(2) Before any offers or sales are made in connection with
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an offering, communications by an issuer or any person
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authorized to act on behalf of the issuer are not deemed to
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constitute general solicitation or general advertising if the
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communication is solely for the purpose of determining whether
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there is any interest in a contemplated securities offering.
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Requirements imposed under this chapter on written or oral
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statements made in the course of such communication may be
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enforced as provided in this chapter. The solicitation or
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acceptance of money or other consideration or of any commitment,
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binding or otherwise, from any person is prohibited.
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(c) A communication in accordance with this subsection is
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not subject to s. 501.059, regarding telephone solicitations.
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Section 4. This act shall take effect upon becoming a law.