Florida Statute 106.1475 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 106
CAMPAIGN FINANCING

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106.1475 Text message and telephone solicitation; registered agent requirements; penalty.—

(1) Any person or organization that conducts business in this state consisting of sending text messages or placing telephone calls that are subject to the disclaimer requirements in s. 106.147 must, prior to conducting such business, have and continuously maintain, for at least 180 days following the cessation of such business activities in the state, a registered agent for the purpose of any service of process, notice, or demand required or authorized by law and must file with the division a notice of such registered agent. Such registered agent must be an individual who is a resident of this state, a domestic corporation, or a foreign corporation authorized to do business in this state. However, this subsection does not apply to any person or organization already lawfully registered to conduct business in this state.

(2) For purposes of this section, conducting business in this state as specified in subsection (1) includes both sending text messages or placing telephone calls from a location in this state and sending text messages or placing telephone calls from a location outside this state to individuals located in this state.

(3)(a) The division shall create and maintain forms for the notice required by subsection (1), which, at a minimum, must elicit all of the following information:

1. The name, address, and telephone number of the registered agent.

2. The name, address, and telephone number of the person or organization conducting business in this state as specified in subsection (1).

(b) The person or organization conducting business in this state as specified in subsection (1) must immediately notify the division of any changes in the information required in paragraph (a).

(4) Any person or organization that violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 19, ch. 97-13; s. 6, ch. 2021-49.

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Amendments to 106.1475

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 106.1475

Level: Degree
Misdemeanor/Felony: First/Second/Third

S106.1475 - ELECTION LAWS - VIOL TEXT PHONE SOLICITATION REGISTERED AGENT - M: F

S106.1475 1 - ELECTION LAWS - RENUMBERED. SEE REC # 9487 - M: F

Cases Citing Statute 106.1475

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Larkin v. Buranosky, 973 So. 2d 1286 (Fla. 4th DCA 2008).

Cited 3 times | Published | Florida 4th District Court of Appeal | 2008 WL 441626

...ng section 106.022(1), Florida Statutes requires a registered agent be appointed and arguing that one of the purposes of having a registered agent and a registered office is to accept service of process. In support of this argument, Larkin points to section 106.1475, Florida Statutes, which requires organizations making paid telephone calls supporting or opposing candidates to have "a registered agent for the purpose of any service of process, notice or demand required or authorized by law. . . ." § 106.1475(1), Fla. Stat. However, we hold section 106.1475(1), Florida Statutes, does not apply to RFT as an ECO. In fact, in contrast to section 106.1475(1), Florida Statutes, section 106.022, by which RFT was created, does not expressly indicate that the purpose of the registered agent is to receive service of process, notice or demand....

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