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SB 134

An Act relating to pharmacy benefits managers; relating to third-party administrators; and providing for an effective date.

34th Legislature (2025-2026) Introduced by Cathy Giessel

SB 134 enhances consumer protection against unwanted telemarketing calls, revises attorney fee conditions, and exempts nonprofits from stricter regulations in Florida.

(H) REFERRED TO RULES
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Bill Summary · SB 134

Summary of SB 134: Telephone Solicitation

Bill Information:
- Bill Number: SB 134
- Title: Telephone Solicitation
- Status: Referred to Commerce and Tourism; Judiciary; Rules
- Introduced: October 08, 2025
- Sponsor: Senator Polsky

Purpose and Intent

SB 134 aims to amend existing Florida statutes regarding telephone solicitation. The primary intent of the bill is to clarify definitions related to telephone solicitation practices and to revise the conditions under which attorney fees can be awarded in civil actions related to these practices. The bill seeks to enhance consumer protection against unwanted telephonic sales calls while ensuring that certain organizations are exempt from these regulations.

Key Provisions

  1. Revised Definitions:

    • Telephone Solicitor: The bill expands the definition to include any natural person, firm, organization, partnership, association, or corporation that makes telephonic sales calls, including those using automated dialing or recorded messages. Notably, tax-exempt nonprofit organizations are excluded from this definition.
    • Telephonic Sales Call: This term is defined to encompass telephone calls, text messages, or voicemail transmissions aimed at soliciting sales of consumer goods or services or obtaining information for such purposes. Calls made by tax-exempt nonprofits for religious, charitable, political, or educational purposes are exempt.

  2. Attorney Fees in Civil Actions:

    • The bill revises the conditions under which a prevailing party in a civil action related to telephone solicitation can recover attorney fees and costs. It specifies that such fees will be awarded after a judgment and the exhaustion of appeals.
    • It also allows courts to award attorney fees in cases initiated by the Department of Legal Affairs if the losing party is found to have acted in bad faith or raised no justiciable issue.

  3. Retroactive Application:

    • The amendments made by this act are deemed remedial and will apply retroactively, affecting past cases related to telephone solicitation.

  4. Incorporation with Other Statutes:

    • The bill reenacts a section of the Florida Statutes (517.0615) to incorporate the amendments made to section 501.059, ensuring consistency in the law regarding solicitations of interest.

Impact

  • Consumers: The bill is designed to provide greater protection for consumers from unwanted telemarketing calls and texts, particularly from entities that do not fall under the nonprofit exemption.
  • Businesses and Organizations: For businesses involved in telemarketing, the revised definitions and conditions may impose stricter compliance requirements. Nonprofit organizations will benefit from the exemption, allowing them to continue their outreach without the constraints imposed on commercial entities.
  • Legal Proceedings: The changes regarding attorney fees may encourage more individuals and entities to pursue legal action against violators of telephone solicitation laws, knowing that they may recover costs if they prevail.

Procedural Aspects

  • Legislative Timeline: The bill was filed on October 8, 2025, and was referred to the relevant committees on October 21, 2025. The effective date of the bill will be upon becoming law.

This summary provides an overview of SB 134, highlighting its purpose, key provisions, and potential impacts on consumers and businesses in Florida.

Compiled from official sources — confirm details with the bill’s official record.

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