What consent is required for Prerecorded Messages in Florida?

Florida has a mini-TCPA (Fla. Stat. § 501.059) that imposes stricter consent rules than federal TCPA. Prior express written consent is generally required.

What are the calling hour restrictions in Florida?

Florida restricts telemarketing calls to 08:00:00–21:00:00 local time.

What is the penalty per violation in Florida?

Up to $500 per violation (or $1,500 for willful violations). Private right of action available.

Is registration required to telemarket in Florida?

Yes — Florida requires telemarketer registration before placing calls.

Home / States / Florida

Florida Telecom Compliance Guide

Telecom Compliance Reference · Statute last amended 2021

Mini-TCPA State — High Risk

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$500

Registration

Required

Overview Calling Hours Consent Registration DNC Compliance DNC Registry Enforcement Case Law Legislation

Florida Prerecorded Messages Compliance

Robocall and prerecorded message compliance rules in Florida

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Mini-TCPA State — Fla. Stat. § 501.059

Florida has enacted a state-level TCPA that goes beyond federal requirements. Federal compliance alone is not enough for Prerecorded Messages operations here.

Consent Requirements

Consent LevelWritten Consent Required

Federal one-to-one consent rule: vacated

The FCC rule requiring consent to name each seller was vacated by the Eleventh Circuit on January 24, 2025 and never took effect. Source

ATDS DefinitionBroader than federal

Checkbox ConsentNot sufficient

StatuteFla. Stat. § 501.059

Prerecorded calls require prior express written consent. Checkbox consent embedded in general terms of service is NOT sufficient for prerecorded — courts have consistently required a clear, standalone affirmative agreement that specifically identifies prerecorded calls as an authorized channel. EBR provides partial exemption for existing customers regarding the same goods/services, but automated delivery still requires written consent under the 2021 FTSA amendments.

Full consent requirements for all channels →

Calling Rules

Calling Hours8:00 AM – 9:00 PM

RegistrationRequired

Penalty / Violation$500

Willful Violation$1,500

Private Right of ActionYES

Prerecorded Messages Compliance Checklist

01Prior express written consent required for most prerecorded calls

02Disclose name and phone number of calling company at start

03Provide automated opt-out mechanism during call

04Do not abandon calls — hang-up rate limits apply

05Cannot use prerecorded messages on cell phones without consent

06Apply same calling-hours restrictions as live calls

07Scrub DNC lists before every campaign

08Register as telemarketer if state requires

09Do not transmit inaccurate caller ID

10Document consent for every number you call

This checklist covers common requirements. State-specific rules may vary. Confirm with legal counsel for high-volume campaigns.

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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →