State law · State telemarketing laws

Florida Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

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Overview

Florida regulates telephone sales through two separate bodies of law in Chapter 501, Florida Statutes. The first is section 501.059, the Florida Telephone Solicitation Act (FTSA). It governs "telephonic sales calls," a term that expressly includes text messages and voicemail transmissions, and it contains Florida's state do-not-call list, an internal opt-out rule, a caller identification rule, an automated-dialing and recorded-message consent rule, and a private right of action with statutory damages. The second is the Florida Telemarketing Act, Part IV of Chapter 501 (sections 501.601 to 501.626), which requires commercial telephone sellers and their salespersons to be licensed and bonded, imposes calling-hour and call-frequency limits, prescribes disclosures, and regulates the written contract and the purchaser's cancellation and refund rights.

Both statutes are administered by the Florida Department of Agriculture and Consumer Services (FDACS). Under section 501.059(9), FDACS or the Department of Legal Affairs (the Office of the Attorney General) may sue for civil penalties, and the Telemarketing Act treats the "enforcing authority" as FDACS or the office of the state attorney for the affected judicial circuit. Several violations of the Telemarketing Act are felonies.

The headline difference from federal law is the FTSA's private right of action. Like the Telephone Consumer Protection Act (TCPA), the FTSA provides $500 per violation (trebled for willful or knowing violations), but it also awards attorney fees to the prevailing party, covers text messages and voicemail by its own terms, and uses its own consent standard. The 2023 amendments (chapter 2023-150, Laws of Florida) narrowed the FTSA considerably: the automated-dialing rule now reaches only a system for the "selection and dialing" of numbers, a "signature" may be a checkbox or an affirmative reply, and a text-message plaintiff must first reply "STOP" and give the sender 15 days to comply before suing for damages.

Key statutes and regulations

LawCitationWhat it covers
Florida Telephone Solicitation ActFla. Stat. § 501.059Definitions, caller self-identification, state do-not-call list, internal opt-out, contract requirements for telephonic sales, automated dialing and recorded messages, caller ID, voice alteration, enforcement, private right of action, attorney fees
Florida Telemarketing ActFla. Stat. §§ 501.601 to 501.626 (Part IV, Ch. 501)Licensing of commercial telephone sellers and salespersons, exemptions, $50,000 security, unlawful acts (calling hours, three-call cap, caller ID), disclosures, gift and prize disclosures, written contract, cancellation and refunds, investigations, civil and criminal penalties
Administrative and civil penalty classesFla. Stat. § 570.971Dollar amounts for Class III and Class IV penalties referenced in §§ 501.059 and 501.619
FDACS no sales telephone solicitation rulesFla. Admin. Code ch. 5J-5 (r. 5J-5.001)Definitions of "in response to an express request," "prior or existing business relationship" and "previously communicated" for § 501.059
FDACS telemarketing rulesFla. Admin. Code ch. 5J-6Implementing rules for licensing under Part IV (rulemaking authority in § 501.626)
2023 FTSA amendmentCh. 2023-150, Laws of Fla. (CS/CS/HB 761)"Selection and dialing," expanded "signature," text-message STOP notice, retroactivity to uncertified class actions
2021 amendmentCh. 2021-185, Laws of Fla. (CS/SB 1120)Prior express written consent, called party definition, Florida area-code presumption, private right of action; 8 p.m. cutoff, three-call cap and anti-spoofing rule in § 501.616
LimitationsFla. Stat. § 95.11(3)(e)Four-year period for "An action founded on a statutory liability"

Detailed provisions

1. The Florida Telephone Solicitation Act, Fla. Stat. § 501.059

Definitions

The FTSA is built on the "telephonic sales call," defined in § 501.059(1)(j):

"Telephonic sales call" means a telephone call, text message, or voicemail transmission to a consumer for the purpose of soliciting a sale of any consumer goods or services, 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.

"Consumer goods or services" (§ 501.059(1)(c)) means "real property or tangible or intangible personal property that is normally used for personal, family, or household purposes," including cemetery lots and timeshare estates. The statute therefore reaches consumer solicitations, not calls selling goods for business use.

A "telephone solicitor" (§ 501.059(1)(i)) is a person "doing business in this state, who makes or causes to be made a telephonic sales call, including, but not limited to, calls made by use of automated dialing or recorded message devices." "Doing business in this state" (§ 501.059(1)(e)) covers "businesses that conduct telephonic sales calls from a location in Florida or from other states or nations to consumers located in Florida." Section 501.059(8)(d) adds a rebuttable presumption that "a telephonic sales call made to any area code in this state is made to a Florida resident or to a person in this state at the time of the call."

The "unsolicited telephonic sales call" definition (§ 501.059(1)(k)) is the source of most exemptions. It means a telephonic sales call other than a call made:

1. In response to an express request of the person called;

2. Primarily in connection with an existing debt or contract, if payment or performance of such debt or contract has not been completed at the time of such call;

3. To a person with whom the telephone solicitor has a prior or existing business relationship; or

4. By a newspaper publisher or his or her agent or employee in connection with his or her business.

The statute does not define these exceptions, but FDACS has by rule. Fla. Admin. Code r. 5J-5.001(2) provides that "prior or existing business relationship" means:

a relationship formed by a voluntary two-way communication between a telephone solicitor and a consumer with or without an exchange of consideration, on the basis of the consumer's purchase or transaction with the entity within the eighteen (18) months immediately preceding the date of the telephonic sales call or on the basis of the consumer's inquiry or application regarding products or services offered by the entity within the three months immediately preceding the date of the telephonic sales call, which relationship has not been previously terminated by either party.

The rule therefore tracks the federal 18-month and three-month windows. Rule 5J-5.001(1) likewise limits the "express request" exception to a call "made no more than 18 months from the date of a request" that is in writing, bears the signature or electronic signature of the person called, "Clearly authorizes the telephone solicitor to contact the consumer called," and "Includes the specific telephone numbers by which the consumer called may be contacted." FDACS's business FAQ page still states that Florida law "has no time frame established" for prior business relationships; that answer predates or does not reflect the rule, and the rule should control.

"Called party" (§ 501.059(1)(a)) "means a person who is the regular user of the telephone number that receives a telephonic sales call."

Section 501.059(1)(g) defines "prior express written consent" as a written agreement that:

1. Bears the signature of the called party;

2. 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 dialing of telephone numbers, the playing of a recorded message when a connection is completed to a number called, or the transmission of a prerecorded voicemail;

3. Includes the telephone number to which the called party authorizes a telephonic sales call to be delivered; and

The fourth element requires "a clear and conspicuous disclosure" that the called party is authorizing those calls and that "He or she is not required to directly or indirectly sign the written agreement or to agree to enter into such an agreement as a condition of purchasing any property, goods, or services." (§ 501.059(1)(g)4.b.)

After the 2023 amendment, "signature" (§ 501.059(1)(h)) includes:

1. An electronic or digital signature if the form of signature is recognized as a valid signature under applicable federal law or state contract law; or

2. An act that demonstrates express consent, including, but not limited to, checking a box indicating consent or responding affirmatively to receiving text messages, to an advertising campaign, or to an e-mail solicitation.

Caller self-identification

Section 501.059(2) requires a telephone solicitor making an unsolicited telephonic sales call to a residential, mobile, or paging number to "identify himself or herself by his or her true first and last names and the business on whose behalf he or she is soliciting immediately upon making contact by telephone with the person who is the object of the telephone solicitation."

State do-not-call list

Florida maintains its own list. Section 501.059(3)(a) provides that if a residential, mobile, or paging subscriber notifies FDACS "of his or her desire to be placed on a 'no sales solicitation calls' listing indicating that the subscriber does not wish to receive unsolicited telephonic sales calls, the department shall place the subscriber on that listing." FDACS must "provide this listing for a fee to telephone solicitors upon request" (§ 501.059(3)(b)), and under § 501.059(3)(d), if the Federal Trade Commission (FTC) establishes a national database, "the department shall include those listings from the national database which relate to Florida in the listing established under this section."

The operative prohibition is § 501.059(4):

No telephone solicitor shall make or cause to be made any unsolicited telephonic sales call to any residential, mobile, or telephonic paging device telephone number if the number for that telephone appears in the then-current quarterly listing published by the department.

The same subsection requires anyone selling consumer information that includes these numbers to "screen and exclude those numbers which appear on the division's then-current 'no sales solicitation calls' list," and exempts a Chapter 475 real estate licensee who "calls an actual or prospective seller or lessor of real property when such call is made in response to a yard sign or other form of advertisement placed by the seller or lessor."

FDACS's consumer page states that "It is free to subscribe and the number remains on the list indefinitely." FDACS sells the list to telephone solicitors online, by area code, for credit card payment, and states that "Registration periods begin on January 1, April 1, July 1 and October 1." Neither the statute nor the FDACS pages reviewed state the current purchase price; confirm it with FDACS before purchase. FDACS also advises that a business that buys the national list must still buy the state list.

Internal opt-out (company-specific do-not-call)

Section 501.059(5) imposes an opt-out rule that applies to businesses and donors as well as consumers:

A telephone solicitor or other person may not initiate an outbound telephone call, text message, or voicemail transmission to a consumer, business, or donor or potential donor who has previously communicated to the telephone solicitor or other person that he or she does not wish to receive an outbound telephone call, text message, or voicemail transmission:

The rule covers calls "(a) Made by or on behalf of the seller whose goods or services are being offered; or (b) Made on behalf of a charitable organization for which a charitable contribution is being solicited." Under Fla. Admin. Code r. 5J-5.001(3), a person has "previously communicated" a do-not-call request if the consumer, business or donor communicated it directly to the telephone solicitor, or communicated it to FDACS in a written complaint that FDACS provided to the solicitor in complaint mediation. Unlike the Federal Communications Commission (FCC) internal list rule, § 501.059(5) contains no processing period.

Automated dialing and recorded messages

Section 501.059(8)(a), as amended in 2023, provides:

(8)(a) A person may not make or knowingly allow to be made an unsolicited telephonic sales call if such call involves an automated system for the selection and 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.

Three features matter. First, the rule applies to calls, texts, and voicemail transmissions alike because all three are "telephonic sales calls." Second, it applies only to "unsolicited" calls, so a call to a person with a prior or existing business relationship, or one made in response to an express request, falls outside it. Third, the statute does not define "automated system for the selection and dialing of telephone numbers." Before 2023 the text read "selection or dialing"; the session law shows "or" stricken and "and" inserted. The amended phrase does not track the federal automatic telephone dialing system definition in 47 U.S.C. § 227(a)(1), which turns on the capacity to store or produce numbers "using a random or sequential number generator," the definition the Supreme Court construed in Facebook, Inc. v. Duguid (2021). The FTSA instead asks whether the system both selects and dials numbers, and it reaches recorded messages regardless of the dialing method.

Caller ID, spoofing and voice alteration

Section 501.059(8)(b) makes it unlawful "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." A seller's name and customer service number may be substituted. The displayed number must work: "the solicitor must ensure that telephone number is capable of receiving telephone calls and must connect the original call recipient, upon calling such number, to the telephone solicitor or to the seller on behalf of which a telephonic sales call was placed."

Section 501.059(8)(c) prohibits anyone making a telephonic sales call from intentionally altering "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."

Written contract for telephonic sales

Under § 501.059(6)(a), "A contract made pursuant to a telephonic sales call is not valid and enforceable against a consumer unless made in compliance with this subsection." The contract must, among other things, be "reduced to writing and signed by the consumer" and contain "in bold, conspicuous type, immediately preceding the signature, the following statement: 'You are not obligated to pay any money unless you sign this contract and return it to the seller.'" (§ 501.059(6)(b)1. and 5.) Section 501.059(7)(a) bars a merchant from charging a credit card or making an electronic funds transfer "until after the merchant receives from the consumer a copy of the contract, signed by the purchaser." Both subsections carry exceptions, including sales with a seven-day cancellation right and sales made from a catalog or advertisement containing specified information (§ 501.059(6)(c), (7)(c)).

Enforcement and penalties

FDACS "shall investigate any complaints received concerning violations of this section," and FDACS or the Department of Legal Affairs "may bring an action to impose a civil penalty and to seek other relief, including injunctive relief." (§ 501.059(9)(a).) The civil penalty is "in the Class IV category pursuant to s. 570.971 for each violation," and FDACS may alternatively impose "an administrative fine in the Class III category." (§ 501.059(9)(a), (b).) Under § 570.971(1), a Class III fine is one "not to exceed $10,000" and a Class IV violation carries "a fine of $10,000 or more."

Private right of action

Section 501.059(10) provides:

(10)(a) A called party who is aggrieved by a violation of this section may bring an action to: 1. Enjoin such violation.

2. Recover actual damages or $500, whichever is greater.

(b) If the court finds that the defendant willfully or knowingly violated this section or rules adopted pursuant to this section, the court may, in its discretion, increase the amount of the award to an amount equal to not more than three times the amount available under paragraph (a).

The 2023 amendment added a pre-suit condition for text messages in § 501.059(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. 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.

Fee shifting is mandatory and two-way. Under § 501.059(11)(a), "the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, shall receive his or her reasonable attorney fees and costs from the nonprevailing party." In actions brought by FDACS or the Department of Legal Affairs, fees run only on a finding of "a complete absence of a justiciable issue of either law or fact" or bad faith (§ 501.059(11)(e)).

Section 2 of chapter 2023-150 states: "The amendments made by this act apply to any suit filed on or after the effective date of this act and to any putative class action not certified on or before the effective date of this act." The act took effect upon becoming law and was approved by the Governor on May 25, 2023.

The FTSA does not state its own limitations period. Section 95.11(3)(e), Florida Statutes, sets a four-year period for "An action founded on a statutory liability," which is the most likely applicable period; no Florida appellate decision applying it to FTSA claims was confirmed for this summary. Nothing in § 501.059 restricts class actions apart from the 2023 transition provision.

2. The Florida Telemarketing Act, Fla. Stat. §§ 501.601 to 501.626

Scope and definitions

The Act "shall be construed liberally to promote the general welfare of the public and the integrity of the telemarketing industry." (§ 501.602.) A "commercial telephone solicitation" (§ 501.603(1)(a)) includes "An unsolicited telephone call to a person initiated by a commercial telephone seller or salesperson, or an automated dialing machine used in accordance with the provisions of s. 501.059(8) for the purpose of inducing the person to purchase or invest in consumer goods or services;" It also reaches some inbound sales: other communications offering "A gift, award, or prize" or inviting a telephone response where "The salesperson intends to complete a sale or enter into an agreement to purchase or invest in consumer goods or services during the course of the telephone call." (§ 501.603(1)(b).) Under § 501.603(3), "consumer goods or services" here also includes "any property of any nature which is solicited for the purpose of providing a profit or investment opportunity."

Licensing and bonding

Section 501.605(1) states: "Before doing business in this state, a commercial telephone seller or an entity providing substance abuse marketing services in accordance with s. 397.55 shall obtain a license from the department. Doing business in this state includes either telephone solicitation from a location in Florida or solicitation from other states or nations of purchasers located in Florida." The application must be accompanied by "A fee for licensing in the amount of $1,500," with waivers for qualifying veterans, service members, spouses and majority veteran-owned entities (§ 501.605). Salespersons need their own license (§ 501.607), and a license issues "for each location at which the commercial telephone seller proposes to do business." (§ 501.608(1)(a).)

Security is required. Under § 501.611(2), "The amount of the bond, letter of credit, or certificate of deposit must be a minimum of $50,000," in favor of FDACS "for the use and benefit of a purchaser who is injured by the fraud, misrepresentation, breach of contract, financial failure, or violation of this part by the applicant."

Section 501.616(1) to (4) prohibits novelty payments, bars a seller from employing "an unlicensed salesperson," and states plainly: "A commercial telephone seller or salesperson must be licensed."

Exemptions

Section 501.604 lists 28 exemptions, among them isolated transactions; "A person soliciting for religious, charitable, political, or educational purposes"; licensed securities and insurance professionals; supervised financial institutions; certain business-to-business sales; catalog sellers; and, at subsection (21), a person soliciting business from consumers with an existing business relationship. The exemptions are not complete. The introductory clause says the Act applies "except ss. 501.608 and 501.616(6) and (7)," so exempt sellers remain subject to the calling-hour, call-frequency, and caller ID rules. A seller claiming exemption under the subsections listed in § 501.608(1)(b), including (2), (10), (21) and (24), "must file with the department a notarized affidavit of exemption."

Calling hours and the three-call cap

Section 501.616(6) is the provision most often described as Florida's calling-hours and frequency rule:

(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 p.m. local time in the called person's time zone.

(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.

Florida's window closes at 8 p.m., one hour earlier than the federal 9 p.m. limit. The statute has no Sunday or holiday restriction.

Caller ID and spoofing

Section 501.616(7) bars a commercial telephone seller or salesperson from intentionally preventing transmission of the solicitor's name or number when the equipment can transmit it, and from using "technology that deliberately displays a different caller identification number than the number the call is originating from to conceal the true identity of the caller." A violation of the spoofing clause is "a misdemeanor of the second degree."

Required disclosures

Section 501.613(1) requires that "Within the first 30 seconds of a telephone call, a commercial telephone seller or salesperson shall identify herself or himself by stating her or his true name, the company on whose behalf the solicitation is being made, and the consumer goods or services being sold." If a sale is completed, the seller "must inform the purchaser of her or his cancellation rights as provided in this part, state the license number issued by the department for both the commercial telephone seller and the salesperson, and give the street address of the commercial telephone seller." (§ 501.613(2).) Section 501.614 requires sellers who offer a "gift, premium, bonus, or prize" to file a disclosure statement with FDACS covering value, conditions, and odds.

Written contract, cancellation and refund

Section 501.615(1) provides that a purchase "ordered as a result of a commercial telephone solicitation as defined in this part, if not followed by a signed written contract, is not final. If a contract is not made in compliance with this section, it is not valid and enforceable against the purchaser." The contract must contain, "in at least 12-point type, immediately preceding the signature, the following statement: 'You are not obligated to pay any money unless you sign this contract and return it to the commercial telephone seller.'" (§ 501.615(1)(h).) No charge may be made "until after the commercial telephone seller receives from the purchaser a copy of the contract, signed by the purchaser." (§ 501.615(2).)

The cancellation period is in § 501.615(3): "The purchaser may give notice of cancellation to the commercial telephone seller in writing within 3 business days after receipt of the confirmation." If the seller violates the Act or "fails to deliver an item within 30 calendar days, the contract is voidable," and the purchaser is entitled to a return "within 14 days, of all consideration paid." (§ 501.615(5).) Defective or misrepresented goods carry a refund, credit, or replacement right if the purchaser acts "within 7 days after he or she receives the goods, services, prize, or premium, whichever is received later." (§ 501.615(6)(b).)

Enforcement, civil penalties and criminal penalties

The enforcing authority has subpoena and inspection powers (§ 501.617(1)). FDACS may seek declaratory and injunctive relief and actual damages on behalf of purchasers (§ 501.618). Under § 501.619, a violator "is liable for a civil penalty in the Class III category pursuant to s. 570.971 for each such violation," which is up to $10,000 per violation. FDACS receives "reasonable attorney's fees and costs from the nonprevailing party" in its civil actions, subject to the exception in § 501.621(3).

Criminal exposure is significant. Under § 501.623(3), "No commercial telephone seller or salesperson shall solicit without a license. Any person who violates the provisions of this section commits a felony of the third degree." Section 501.623(5) makes any other violation of the Act, or the use of "any device, scheme, or artifice to deceive" in connection with a sale, a third-degree felony, and § 501.623(6) makes a second or subsequent conviction "a felony of the second degree."

Private remedy under the Telemarketing Act

Section 501.625 provides that "a person who is injured by a violation of the provisions of this part may bring a civil action for recovery of actual damages and/or punitive damages, including costs, court costs, and attorney's fees." There is no statutory minimum award; the plaintiff must prove injury.

How Florida law differs from federal law

IssueFloridaFederal (TCPA, FCC rules, TSR)
Text messagesExpressly covered: "telephonic sales call" includes "text message, or voicemail transmission" (§ 501.059(1)(j))FCC do-not-call rules apply to "telephone solicitations or telemarketing calls or text messages to wireless telephone numbers" (47 C.F.R. § 64.1200(e)); the statute itself speaks of "calls." The Seventh Circuit held in Steidinger v. Blackstone Medical Services (July 14, 2026) that § 227(c)(5) does not permit suits for unwanted texts
Autodialer standard"automated system for the selection and dialing of telephone numbers" (undefined) or a recorded message (§ 501.059(8)(a))ATDS requires capacity to use "a random or sequential number generator" (47 U.S.C. § 227(a)(1); Facebook v. Duguid)
Who must consentPrior express written consent for unsolicited sales calls using a covered system or recorded message, to any number typePrior express written consent for telemarketing calls using an ATDS or prerecorded voice to wireless numbers, and prerecorded telemarketing to residential lines (47 C.F.R. § 64.1200(a)(2), (a)(3))
SignatureIncludes a checkbox or an affirmative text reply (§ 501.059(1)(h))E-SIGN compliant signature (47 C.F.R. § 64.1200(f)(9))
Business relationship exception"prior or existing business relationship" (§ 501.059(1)(k)3.), defined by rule as a purchase or transaction within 18 months or an inquiry or application within three months (Fla. Admin. Code r. 5J-5.001(2))18 months after purchase or 3 months after inquiry (47 C.F.R. § 64.1200(f)(5); 16 C.F.R. § 310.2)
Do-not-call listSeparate FDACS list, which incorporates Florida numbers from the national registry (§ 501.059(3)(d))National Do Not Call Registry (47 C.F.R. § 64.1200(c)(2); 16 C.F.R. § 310.4(b)(1)(iii)(B))
Internal opt-outCovers consumers, businesses and donors; no processing grace period (§ 501.059(5))Company-specific list; FCC rules set processing timeframes (47 C.F.R. § 64.1200(d))
Calling hours8 a.m. to 8 p.m., called person's time zone (§ 501.616(6)(a))8 a.m. to 9 p.m. local time at the called party's location (47 C.F.R. § 64.1200(c)(1); 16 C.F.R. § 310.4(c))
Call frequencyNo more than three solicitation calls in 24 hours on the same subject (§ 501.616(6)(b))No numeric cap
DisclosureTrue first and last name and business, "immediately" (§ 501.059(2)); name, company and product within 30 seconds (§ 501.613(1))Name of caller, seller and telephone number or address (47 C.F.R. § 64.1200(d)(4)); TSR prompt disclosures (16 C.F.R. § 310.4(d))
Registration and bondLicense ($1,500), salesperson licenses, $50,000 security (§§ 501.605, 501.607, 501.611)None (registry access fee only)
Written contractTelephone sales not final without a signed writing (§§ 501.059(6), 501.615)TSR requires express verifiable authorization for certain payment methods, not a signed contract (16 C.F.R. § 310.3(a)(3))
Statutory damagesGreater of actual damages or $500; up to three times for willful or knowing (§ 501.059(10))Actual damages or $500 per violation for robocall and autodialer violations; actual damages or up to $500 for do-not-call violations after more than one call in 12 months; up to three times if willful or knowing (47 U.S.C. § 227(b)(3), (c)(5))
Attorney feesMandatory to the prevailing party, either side (§ 501.059(11)(a))None under the TCPA
Text-message pre-suit notice"STOP" reply and 15-day cure required before suing for text damages (§ 501.059(10)(c))None
Criminal penaltiesThird-degree felony for unlicensed solicitation and other violations (§ 501.623)None under the TCPA itself

Florida is stricter than federal law in its coverage of voicemail and texts by statute, its earlier evening cutoff, its three-call cap, its licensing and bonding scheme, its signed-contract requirement, its felony penalties, and its fee-shifting rule. It is looser in two respects. The 2023 text-message STOP requirement is a pre-suit condition with no federal counterpart, and the automated-dialing consent rule applies only to "unsolicited" calls, so the statutory exceptions for express requests, open debts or contracts, and prior business relationships (as limited by Rule 5J-5.001) take a call outside the consent requirement. Its autodialer test is different rather than simply broader or narrower: a system that selects and dials numbers can fall within the FTSA without a random or sequential number generator, but a system that only dials a list a human supplies arguably does not. The TCPA does not preempt "more restrictive intrastate requirements" (47 U.S.C. § 227(f)(1)), and federal and state claims are often pleaded together, as in Steidinger, where the plaintiffs asserted both TCPA claims and a claim under § 501.059(5).

Notable case law

Muccio v. Global Motivation, Inc., No. 23-10081 (11th Cir. Aug. 25, 2023) (per curiam, unpublished). Muccio v. Global Motivation (11th Cir. 2023) The plaintiff alleged five unsolicited text messages and asserted FTSA and TCPA claims. Applying its en banc decision in Drazen v. Pinto, the court reasoned that "the receipt of an unwanted text message causes a concrete injury," and that, as with the TCPA, the Florida Legislature "has used its lawmaking powers to recognize a lower quantum of injury necessary to bring a claim under the [FTSA]." It held that the plaintiff "has standing to bring his claims," reversed the dismissal, and remanded.

Borges v. SmileDirectClub, LLC, No. 21-cv-23011 (S.D. Fla. Sept. 15, 2022). Borges v. SmileDirectClub (S.D. Fla. 2022) Decided under the pre-2023 "selection or dialing" text, the order denied a motion to dismiss that attacked § 501.059(8)(a) on First Amendment and vagueness grounds. The court concluded that "Section 8(a) of the FTSA is not unconstitutional. The statute survives intermediate scrutiny as a content-based restriction on commercial speech, and it is not unconstitutionally vague for want of a definition of the term 'automated system.'" The order was entered by a United States Magistrate Judge.

Recent amendments

  • Chapter 2023-150, Laws of Florida (CS/CS/HB 761). Approved by the Governor and filed with the Secretary of State on May 25, 2023, effective upon becoming law. It amended § 501.059(1)(g) and (h), amended (8)(a) to read "selection and dialing" and to apply to "unsolicited" telephonic sales calls, and added (10)(c) (the text-message STOP notice). Section 2 applies the amendments to suits filed on or after the effective date and to putative class actions not certified on or before that date.
  • Chapter 2021-185, Laws of Florida (CS/SB 1120). Approved by the Governor June 29, 2021, effective July 1, 2021. Section 1 amended § 501.059 to add the definitions of "called party," "prior express written consent" and "signature," to require prior express written consent for telephonic sales calls using "an automated system for the selection or dialing of telephone numbers" or a recorded message, to remove the former provision permitting certain automated dialing with live messages, to add the Florida area-code presumption, and to create the private right of action in subsection (10). Section 2 amended § 501.616(6) and (7) to move the evening cutoff from 9 p.m. to 8 p.m. in the called person's time zone, to add the three-call, 24-hour cap, and to make caller ID spoofing to conceal identity a second-degree misdemeanor.
  • The history notes in the 2026 Florida Statutes text of §§ 501.059 and 501.601 to 501.626 shows no amendment after 2023 to § 501.059 and none after 2021 to § 501.616.

Practical compliance checklist

  • Determine whether each campaign is a "telephonic sales call" to a Florida consumer, and remember that a Florida area code creates a rebuttable presumption that the recipient is in Florida.
  • Document any claimed prior business relationship or express request against the 18-month and three-month limits in Rule 5J-5.001, and keep signed written requests that list the numbers.
  • Scrub against both the FDACS quarterly "no sales solicitation calls" list and the national registry, and suppress internal opt-outs immediately, including requests from businesses and donors.
  • For any automated or prerecorded outreach, obtain prior express written consent that names the number, discloses the automated or recorded method, and states that consent is not a condition of purchase. Keep proof of the checkbox or affirmative reply.
  • Treat "selection and dialing" conservatively; the term is undefined, and pre-2023 conduct and certified classes may still be governed by the former "selection or dialing" text.
  • Limit solicitation calls to 8 a.m. to 8 p.m. in the called person's time zone, and cap calls at three per person per 24 hours on the same subject across all numbers.
  • Transmit a working caller ID number that connects to the solicitor or seller, and never display a number chosen to conceal identity.
  • Honor "STOP" replies within 15 days at the latest, and send no more than a single confirmation text.
  • Before soliciting Florida purchasers, confirm whether a commercial telephone seller license, salesperson licenses, and $50,000 security are required, or file the notarized affidavit of exemption.
  • Use a signed written contract with the statutory 12-point or bold notice for telephone sales, and do not charge a card or debit an account until the signed contract is received.
  • Script the first-30-seconds disclosure (true name, company, product) and, at closing, the cancellation rights, both license numbers and the seller's street address.

References

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.

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Not legal advice. TCPA.com provides general information, not legal advice, and is not a substitute for the advice of an attorney. Do not rely on it. Verify any action with your own licensed lawyer before you take it. See our Terms of Use.

Adam Young, CEO of Ringba, Miami, Florida

About the Author: Adam Young

Adam Young is a 42-year-old entrepreneur from Miami, Florida. He is the CEO of Ringba, a call tracking and pay per call platform. Adam Young has been in telecom, call routing and performance marketing for over a decade, and is the author of The Pay Per Call Revolution. At TCPA.com, Adam Young writes about the Telephone Consumer Protection Act (TCPA), robocall enforcement, tech support fraud cases and what actions by the Department of Justice (DOJ), Federal Trade Commission (FTC) and Federal Communications Commission (FCC) mean for companies that make calls. His goal is to help companies stay compliant and keep scammers off the phone network.

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Harrison Gevirtz, Chief Strategy Officer of Ringba, Las Vegas, Nevada

About the Author: Harrison Gevirtz

Harrison Gevirtz serves as the Chief Strategy Officer (CSO) of Ringba, a call tracking and pay per call platform, and is based in Las Vegas, Nevada. Harrison Gevirtz is a serial operator in call tracking, call routing and telemarketing operations, and for the past several years he has focused on how federal regulations affect the daily operations of these industries. At TCPA.com, Harrison Gevirtz covers TCPA litigation, Telemarketing Sales Rule (TSR) enforcement, tech support fraud prosecutions and Federal Communications Commission (FCC) rulemaking in a way that's accessible to the non-lawyer executive or compliance manager.

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