What consent is required for SMS Compliance 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 SMS Compliance Compliance

Text message marketing 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 SMS Compliance 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 ConsentValid

StatuteFla. Stat. § 501.059

FTSA explicitly and specifically covers text messages sent using automated systems. This places Florida among the strictest states for SMS marketing. Even platforms marketed as "P2P" may trigger FTSA if they automate the delivery sequence. The FCC one-to-one consent rule, which would have compounded the risk for purchased lead lists where consent was obtained for a different company, was vacated in January 2025 and never took effect. Build a first-party, consent-verified contact list or face class action exposure.

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

SMS Compliance Compliance Checklist

01Obtain express written consent before sending marketing texts

02Use compliant opt-in language identifying your company

03Honor STOP/OPT-OUT/UNSUBSCRIBE replies immediately

04Send opt-out confirmation within one text

05Disclose message frequency at opt-in

06Include "Msg & Data rates may apply" disclosure

07Do not send texts during prohibited hours

08Scrub against DNC lists before campaigns

09Check if state requires one-to-one consent

10Register 10DLC campaigns before sending

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 →