Texting laws · Florida
Florida texting laws for businesses
What Fla. Stat. § 501.059 says about a business texting customers in Florida, read from the statute.
Texting laws by stateStatute read October 29, 2026
The law
| Law | Florida Telephone Solicitation Act |
| Citation | Fla. Stat. § 501.059 |
| In force | Amended by ch. 2021-185 and ch. 2023-150 (approved May 25, 2023) |
| Covers texts? | Yes, by name. § 501.059(1)(j) defines a 'telephonic sales call' as 'a telephone call, text message, or voicemail transmission to a consumer for the purpose of soliciting a sale of any consumer goods or services'. |
| Applies to | Messages sent to solicit a sale of consumer goods or services, an extension of credit, or information to be used for a direct sales solicitation. 'Consumer goods or services' includes property 'intended to be attached to or installed in any real property', such as equipment installed in a home. |
The rules
| Rule | What the statute says | Section |
|---|---|---|
| Consent for automated sales texts | No unsolicited telephonic sales call that 'involves an automated system for the selection and dialing of telephone numbers or the playing of a recorded message' without the called party's prior express written consent. The 2023 amendment changed 'or dialing' to 'and dialing'. | § 501.059(8)(a) |
| What counts as written consent | A signed written agreement that authorizes calls, texts or voicemails using an automated system, includes the phone number, and discloses that signing is not a condition of purchase. A 'signature' includes 'checking a box indicating consent or responding affirmatively to receiving text messages'. | § 501.059(1)(g), (h) |
| Opt-outs | No telephonic sales call, text or voicemail to anyone who has previously told the business they do not wish to receive them. | § 501.059(5) |
| Identify yourself | An unsolicited sales call must give the caller's true first and last name and the business name, and caller ID must not be blocked. | § 501.059(2), (8)(b) |
| State do-not-call list | No unsolicited telephonic sales call to a number on Florida's 'no sales solicitation calls' list. | § 501.059(4) |
Texting a customer who contacted you first
- The statute excludes three kinds of message from 'unsolicited telephonic sales call': one made 'in response to an express request of the person called', one 'primarily in connection with an existing debt or contract' that has not been completed, and one 'to a person with whom the telephone solicitor has a prior or existing business relationship' (§ 501.059(1)(k)). The statute does not define 'prior or existing business relationship'.
- Those exclusions change what is 'unsolicited'. The opt-out rule in (5) and the caller-ID rule in (8)(b) apply to any telephonic sales call, solicited or not.
- A text that is not sent 'for the purpose of soliciting a sale' falls outside the definition altogether. The statute does not separately address non-sales or transactional texts.
This matters for missed-call text-back, which replies to someone who just called the business. Federal rules and the reply-versus-marketing line are covered in is missed-call text-back legal?
Contractor websites in Florida
14% of the 231 Florida contractor homepages we loaded on a phone in October 2026 had an online booking tool and 17% had a chat or text option. 74% had neither, so after hours a call or a form was the only way in, and 38% had no form either.
| What the homepage has | Florida | All 21 states |
|---|---|---|
| Sites loaded | 231 | 2407 |
| A tap-to-call link coded in | 83% | 76% |
| An online booking tool | 14% | 12% |
| A chat widget or text option | 17% | 15% |
| Neither booking nor chat or text | 74% | 77% |
| Neither, and no form either | 38% | 41% |
These are plumbing, HVAC, electrical, roofing, landscaping, painting, carpentry and general contractor homepages listed in OpenStreetMap, checked on the homepage only, so booking and chat figures are a floor. The method and the national numbers are in our contractor website study. On those sites a customer who cannot book or message has to call, and a call you miss can still get a reply by text; Nova's missed-call text-back is $99 a month.
Penalties
A called party may sue to stop the violation and recover actual damages or $500, whichever is greater, up to three times that for a willful or knowing violation, plus attorney fees for the prevailing party (§ 501.059(10), (11)). Before suing over text solicitations, the person must reply STOP; the business then has 15 days to stop texting, and may send one confirmation text (§ 501.059(10)(c), added in 2023).
What the statute does not settle
- Florida's Telemarketing Act separately limits commercial telephone solicitation to 8 a.m. to 8 p.m. and to three calls in 24 hours on the same subject (§ 501.616(6)). That section says 'phone calls' and does not name text messages; the statute does not settle whether it reaches texts.
- Commercial telephone sellers must be licensed, with a $1,500 fee and $50,000 security (§§ 501.605, 501.611), but § 501.604 exempts many sellers, including a sale completed at a later face-to-face meeting and solicitations for the maintenance or repair of goods previously bought from the seller. Whether a business needs a license depends on those exemptions.
Questions
Does Florida law cover text messages from businesses?
Yes, by name. § 501.059(1)(j) defines a 'telephonic sales call' as 'a telephone call, text message, or voicemail transmission to a consumer for the purpose of soliciting a sale of any consumer goods or services'.
What happens if a business breaks Florida's texting law?
A called party may sue to stop the violation and recover actual damages or $500, whichever is greater, up to three times that for a willful or knowing violation, plus attorney fees for the prevailing party (§ 501.059(10), (11)). Before suing over text solicitations, the person must reply STOP; the business then has 15 days to stop texting, and may send one confirmation text (§ 501.059(10)(c), added in 2023).
Can a business text a customer who contacted it first in Florida?
The statute excludes three kinds of message from 'unsolicited telephonic sales call': one made 'in response to an express request of the person called', one 'primarily in connection with an existing debt or contract' that has not been completed, and one 'to a person with whom the telephone solicitor has a prior or existing business relationship' (§ 501.059(1)(k)). The statute does not define 'prior or existing business relationship'. Those exclusions change what is 'unsolicited'. The opt-out rule in (5) and the caller-ID rule in (8)(b) apply to any telephonic sales call, solicited or not. A text that is not sent 'for the purpose of soliciting a sale' falls outside the definition altogether. The statute does not separately address non-sales or transactional texts.
How many Florida contractor websites offer online booking?
14% of the 231 Florida contractor homepages we loaded on a phone in October 2026 had an online booking tool and 17% had a chat or text option. 74% had neither, so after hours a call or a form was the only way in, and 38% had no form either.
Sources
- Fla. Stat. § 501.059, Florida Legislature
- Fla. Stat. § 501.616, Florida Legislature
- Laws of Florida ch. 2023-150 (CS/CS/HB 761)
Read October 29, 2026. Federal law (the TCPA and FCC rules) applies on top of state law everywhere. This page describes what the statute says. It is general information, not legal advice, and it does not cover your message content or your industry. Talk to a lawyer before relying on it.