Florida Senate - 2026 SB By Senator Polsky 30-00110-26 2026134__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to telephone solicitation; amending s. 2 501.059, F.S.; revising the definition of the terms 3 “telephone solicitor” and “telephonic sales call”; 4 revising the conditions for awarding attorney fees in civil actions relating to telephone solicitation; 6 making technical changes; providing construction and retroactive application; reenacting s. 517.0615(2)(c), 8 F.S., relating to solicitations of interest, to incorporate the amendment made to s. 501.059, F.S., in a reference thereto; providing an effective date. 11

Be It Enacted by the Legislature of the State of Florida: 13

Section 1. Paragraphs

(

i) and

(

j) of subsection (1) and paragraphs (a), (d), and

(

e) of subsection (11) of

section 16 501.059, Florida Statutes, are amended to read: 17 501.059 Telephone solicitation.— 18

(1) As used in this section, the term: 19

(i) “Telephone solicitor” means a natural person, firm, 20 organization, partnership, association, or corporation, or a subsidiary or affiliate thereof, doing business in this state, 22 who makes or causes to be made a telephonic sales call, 23 including, but not limited to, calls made by use of automated dialing or recorded message devices. The term does not include a tax-exempt nonprofit organization or a person or an organization acting on its behalf. 27

(j) “Telephonic sales call” means a telephone call, text message, or voicemail transmission to a consumer for the purpose Florida Senate - 2026 SB 134 30-00110-26 2026134__ CODING: Words stricken are deletions; words underlined are additions. of soliciting a sale of any consumer goods or services, 30 soliciting an extension of credit for consumer goods or services, or obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes.

A phone call, text message, or voicemail transmission is not considered a telephonic sales call if it is made by a tax-exempt nonprofit organization for a religious, charitable, political, or educational purpose. 38 (11)(

a) In a any civil action alleging litigation resulting from a transaction involving a violation of this section, the prevailing party, after judgment in the trial court and exhaustion of all appeals, is entitled to if any, shall receive his or her reasonable attorney fees and costs from the nonprevailing party. 44

(

d) An Any award of attorney fees or costs becomes shall become a part of the judgment and is subject to execution as the law allows. 47

(

e) In a any civil action litigation initiated by the department or the Department of Legal Affairs, the court may award to the prevailing party reasonable attorney fees and costs if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party or if the court finds bad faith on the part of the losing party. 54

Section 2. The amendments made by this act to s. 501.059, 55 Florida Statutes, are remedial in nature and apply retroactively. 57

Section 3. For the purpose of incorporating the amendment Florida Senate - 2026 SB 134 30-00110-26 2026134__ CODING: Words stricken are deletions; words underlined are additions. made by this act to

section 501.059, Florida Statutes, in a reference thereto, paragraph

(

c) of subsection (2) of

section 60 517.0615, Florida Statutes, is reenacted to read: 61 517.0615 Solicitations of interest.— 62

(2) Before any offers or sales are made in connection with an offering, communications by an issuer or any person authorized to act on behalf of the issuer are not deemed to constitute general solicitation or general advertising if the communication is solely for the purpose of determining whether there is any interest in a contemplated securities offering. 68 Requirements imposed under this

chapter on written or oral statements made in the course of such communication may be enforced as provided in this chapter. The solicitation or acceptance of money or other consideration or of any commitment, 72 binding or otherwise, from any person is prohibited. 73

(

c) A communication in accordance with this subsection is not subject to s. 501.059, regarding telephone solicitations. 75

Section 4. This act shall take effect upon becoming a law. 76