This page reflects section 501.059 as published in The 2026 Florida Statutes on the Florida Legislature’s official site, checked on October 6, 2026, with related sections cited where they apply. It is general information, not legal advice. The statute text is the authority; read it before relying on any summary.
Key points
- A telephonic sales call under the FTSA is a telephone call, text message or voicemail transmission to a consumer to solicit a sale of consumer goods or services, or an extension of credit for them.
- Unsolicited sales calls that use an automated system for the selection and dialing of numbers, or a recorded message, need the called party’s prior express written consentPrior express written consentUnder the TCPA, a written agreement signed by the consumer (an electronic signature counts) that clearly authorizes a seller to make telemarketing calls or texts using an autodialer or a prerecorded or artificial voice to a stated number. Glossary (501.059(8)(a)).
- Florida keeps a “no sales solicitation calls” list that includes Florida numbers from the national registry (501.059(3)).
- A called party can sue; before suing over text messages, the person must first reply “STOP” and give the sender 15 days to stop (501.059(10)).
What does the Florida Telephone Solicitation Act require?
The Florida Telephone Solicitation Act sets these duties for telephone solicitors and others who make or cause telephonic sales calls to consumers in Florida. Each item cites the subsection of Fla. Stat. 501.059.
- Identify the caller (2). A telephone solicitor making an unsolicited telephonic sales call must give their true first and last names and the business they are calling for, immediately upon making contact.
- Honor the state list (4). No unsolicited telephonic sales call to a residential, mobile or paging number on the department’s then-current quarterly “no sales solicitation calls” listing.
- Honor do-not-call requests (5). No outbound call, text message or voicemail transmission to a person who has told the solicitor they do not want one, made by or for the seller or for a charity.
- Get prior express written consent (8)(a). No unsolicited telephonic sales call that involves an automated system for the selection and dialing of numbers, or a recorded message, without the called party’s prior express written consent.
- Transmit caller ID (8)(b). Send the originating number and, when the carrier makes it available, the solicitor’s name. A number shown on caller ID must be able to receive calls and connect the person to the solicitor or seller.
- Do not disguise the voice (8)(c). No intentional voice alteration to hide the caller’s identity in order to defraud, confuse or injure the recipient, or to obtain personal information for fraudulent or unlawful use.
- Put sales contracts in writing (6) and (7). A contract made through a telephonic sales call must be in writing and signed by the consumer, with listed contents, and the merchant may not charge a card until it receives the signed contract. Listed transactions are exempt.
The act applies to businesses outside Florida too. Under 501.059(1)(e), “doing business in this state” includes businesses that make telephonic sales calls from other states or nations to consumers located in Florida.
Key definitions in 501.059
The duties depend on a few defined terms in subsection (1). These are the ones that matter most for sales calls and texts:
| Term | What the statute says |
|---|---|
| Telephonic sales call (1)(j) | A telephone call, text message or voicemail transmission to a consumer to solicit a sale of consumer goods or services, to solicit an extension of credit for them, or to obtain information that will or may be used for that solicitation. |
| Unsolicited telephonic sales call (1)(k) | A telephonic sales call other than one made at the express request of the person called, in connection with an existing unpaid debt or uncompleted contract, to a person with a prior or existing business relationship with the solicitor, or by a newspaper publisher for its business. |
| Telephone solicitor (1)(i) | A person or business, or its subsidiary or affiliate, doing business in Florida, who makes or causes a telephonic sales call, including calls made with automated dialing or recorded message devices. |
| Signature (1)(h) | Includes an electronic or digital signature recognized under federal law or state contract law, or an act that shows express consent, such as checking a box indicating consent or responding affirmatively to receiving text messages. |
| Called party (1)(a) | The person who is the regular user of the number that receives the telephonic sales call. |
Prior express written consent under the FTSA
Under 501.059(1)(g), prior express written consent is a written agreement that does four things:
- It bears the signature of the called party.
- It clearly authorizes the person making or allowing the placement of a telephonic sales call, by telephone call, text message or voicemail transmission, to deliver a telephonic sales call using an automated system for the selection and dialing of numbers, the playing of a recorded message, or the transmission of a prerecorded voicemail.
- It includes the telephone number to which the called party authorizes the call to be delivered.
- It includes a clear and conspicuous disclosure telling the called party that by executing the agreement they authorize those calls, and that they are not required to sign the agreement, or agree to enter into it, as a condition of purchasing any property, goods or services.
Because “signature” includes checking a box indicating consent, a web form can collect the signature this definition asks for. The federal rule has its own definition of prior express written consent, explained in express written consent. The two definitions are worded differently, so a form is checked against each one.
What the Florida Telephone Solicitation Act means for lead forms
A lead form that leads to sales calls or texts to Florida consumers is where the FTSA’s consent elements are collected. Reviewers usually check the form against the definition in 501.059(1)(g), element by element:
- An act that counts as a signature, such as an unchecked box the person checks, or an e-signature.
- Wording that names who is authorized to make the calls or send the texts, and that covers each channel used (calls, texts, voicemail).
- A disclosure that the calls may use an automated system or a recorded message, where that applies.
- The phone number the person is authorizing, captured on the form.
- A clear and conspicuous statement that agreeing is not a condition of purchase.
- A record of the consent: the language shown, the time stamp, the page URL and the number.
This page does not provide consent wording. A list of the elements consent language is checked for, under the federal rules, is in the consent language checklist. Summit Leads captures TCPATCPAThe Telephone Consumer Protection Act, the federal law that governs telemarketing calls and texts, autodialers, prerecorded voice messages and the Do Not Call Registry. Glossary consent on every lead, with consent certificates, and reviews publisher ad creative before launch.
Text messages under the FTSA
Text messages are telephonic sales calls under 501.059(1)(j), so the consent, list and do-not-call rules above apply to sales texts as well as calls. Subsection (10)(c) adds a step that applies only to texts (Fla. Stat. 501.059):
The person replies STOP
Before suing for damages over text message solicitations, the called party must reply “STOP” to the number the texts came from.
The sender has 15 days
Within 15 days after the notice, the solicitor must stop sending text message solicitations and may not text the person again, except one text confirming receipt of the notice.
A suit only after that
The person may sue only if they do not consent to the texts and the texts continue 15 days after the notice.
Subsection (8)(d) also creates a rebuttable presumption that a telephonic sales call to any Florida area code is made to a Florida resident, or to a person in Florida at the time of the call. Texting rules beyond Florida are covered in TCPA compliance for SMS leads.
Calling hours, call limits and registration in Florida
Florida’s calling hours are not in 501.059. They are in the Florida Telemarketing Act, part IV of chapter 501, which applies to commercial telephone sellers and salespersons. Section 501.616(6) bars commercial telephone solicitation calls before 8 a.m. or after 8 p.m. local time in the called person’s time zone, and more than three such calls from any number to a person over a 24-hour period on the same subject matter or issue. Both limits include calls made through automated dialing or recorded messages.
The same part requires commercial telephone sellers to be licensed (501.616(4)), and 501.611 sets a security requirement, as shown in Florida’s row of the state telemarketing laws table. How Florida’s hours compare with other states is on telemarketing calling hours by state, and its list is compared with other states on state do not call lists.
Enforcement and the private right of action
Under 501.059(9), the Department of Agriculture and Consumer Services investigates complaints. The department or the Department of Legal Affairs may sue for a civil penalty in the Class IV category under section 570.971 for each violation, and for injunctive relief. As an alternative, the department may impose an administrative fine in the Class III category for each act or omission that is a violation.
Under 501.059(10), a called party aggrieved by a violation may sue to stop the violation and to recover actual damages or $500, whichever is greater. If the court finds the violation was willful or knowing, it may increase the award to not more than three times that amount. Under subsection (11), the prevailing party in civil litigation over a violation receives reasonable attorney fees and costs.
How federal TCPA damages work is covered separately in TCPA violations and fines.
Amendments shown in the official text
The history note under 501.059 on the Florida Legislature’s site lists amendments through chapter 2021-185 and chapter 2023-150, Laws of Florida. This page describes only the 2023 change, from the session law itself.
Chapter 2023-150 (Committee Substitute for Committee Substitute for House Bill 761) amended paragraphs (1)(g) and (1)(h) and paragraph (8)(a) of 501.059, and added paragraph (10)(c), the STOP notice step for text message suits. The Governor approved it on May 25, 2023, and it took effect upon becoming law. Section 2 of the act says the amendments apply to any suit filed on or after that date and to any putative class action not certified on or before that date.
The current text of the amended paragraphs reads “an automated system for the selection and dialing of telephone numbers” in the consent definition and in (8)(a), and (8)(a) now applies to an “unsolicited telephonic sales call.”
For publishers
Sending traffic to Summit landers? Read the publisher traffic guidelines and TCPA basics for lead gen affiliates. For how the wider industry works, see the lead generation industry guide.
Frequently asked questions
Does the FTSA apply to text messages?
Yes. A telephonic sales call under 501.059(1)(j) includes a text message, and subsection (10)(c) sets a STOP notice step before a suit over text message solicitations.
Does the FTSA apply to businesses outside Florida?
It can. Under 501.059(1)(e), doing business in Florida includes making telephonic sales calls from other states or nations to consumers located in Florida.
What are Florida’s telemarketing calling hours?
Section 501.616(6) bars commercial telephone solicitation calls before 8 a.m. or after 8 p.m. in the called person’s time zone, and more than three calls in 24 hours on the same subject.
Is the FTSA the same as the federal TCPA?
No. It is a separate Florida law with its own definitions, its own consent definition and its own private right of action. Both can apply to the same call or text.
Is this legal advice?
No. This page is general information about Florida Statutes 501.059, checked on the date shown. Talk to a lawyer about your own calls, texts and forms.
Related guides
Sources
- Florida Statutes 501.059, Telephone solicitation, The Florida Legislatureleg.state.fl.us
- Florida Statutes 501.616, Unlawful acts and practices, The Florida Legislatureleg.state.fl.us
- Florida Statutes 501.611, Security, The Florida Legislatureleg.state.fl.us
- Laws of Florida chapter 2023-150 (CS/CS/HB 761), Florida Department of Statelaws.flrules.org
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