Licensing Requirement, Commercial Telephone Seller, Salesperson, Exemption

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Consumer Services

RULE NO.: RULE TITLE:
5J-6.005: Licensing Requirement, Commercial Telephone Seller, Salesperson
5J-6.013: Exemption

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 50, December 17, 2010 issue of the Florida Administrative Weekly.

5J-6.003 Definitions. – No change.

5J-6.005 Licensing Requirement, Commercial Telephone Seller, Salesperson.

(1) No person may act as a commercial telephone seller or salesperson unless licensed by the Department of Agriculture and Consumer Services. All applicants for a license shall submit to the Department DACS Form 10001, Commercial Telephone Seller Business License Application Packet Package, Rev. 07/11 8/10, hereby incorporated by reference, along with the required non-refundable fee. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Telemarketing, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at the following link: http://www.flrules.org/Gateway/reference http://www.doacs.state.fl.us/onestop/forms/10001.pdf. Businesses may also apply or renew their license online at: www.800helpfla.com/registeronline.

(2)(a) In the event a licensed commercial telephone seller hires an employee to function as a salesperson, but the employee does not possess a current commercial telephone salesperson license, the licensed commercial telephone seller may obtain interim operating authority for the unlicensed salesperson from the Department by submitting DACS Form 10005, Commercial Telephone Salesperson Individual License Application Packet, Rev. 07/11 8/10, including the Statement of Verification, hereby incorporated by reference, along with a written request that the applicant be granted interim operating authority. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Telemarketing, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at the following links: http://www.flrules.org/Gateway/reference http://www.doacs.state.fl.us/onestop/forms/10005.pdf. Salespersons may also apply or renew their license online at: www.800helpfla.com/registeronline.

(b) through (c) No change.

(3) The licensee shall notify the Department of all material changes in the information submitted in either the original application for licensure, or any application for renewal of the license within 10 days of the material change. The licensee shall utilize DACS Form 10006, Florida Telemarketing Act Material Change Form, Rev. 07/11 8/10, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Telemarketing, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at the following link: http://www.flrules.org/Gateway/reference http://www.doacs.state.fl.us/onestop/forms/10006.pdf DACS Form 10006 may also be completed and submitted online at: www.800helpfla.com/registeronline.

(4) In the event that a salesperson licensee changes his/her company affiliation, the salesperson shall utilize DACS Form 10006, Florida Telemarketing Act Material Change Form, Rev. 07/11 8/10, incorporated in subsection (3), above, and pay the prescribed $10 fee. Such change in status shall be submitted to the Department within 10 days of the change.

(5) In the event that a salesperson intends to affiliate with more than one company, the salesperson shall execute a separate Statement of Verification, as found in DACS Form 10005, Commercial Telephone Salesperson Individual License Application Packet, Rev. 07/11 8/10, incorporated in (2), above, for each commercial telephone seller with which the salesperson intends to affiliate.

Rulemaking Authority 501.605, 501.626 FS. Law Implemented 501.605, 501.607, 501.608, 501.609 FS. History–New 4-12-92, Amended 2-15-93, 6-26-94, 5-15-95, 2-11-98, 1-20-03,_________.

 

5J-6.013 Exemption.

(1) Any business entity claiming an exemption from the commercial telephone seller laws pursuant to Section 501.608(1)(b), Florida Statutes, shall, prior to offering its services, file with the Department the executed Affidavit of Exemption included in DACS Form 10001, Rev. 07/11 8/10, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Telemarketing, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference http://www.doacs.state.fl.us/onestop/forms/10001.pdf.

(2) No change.

Rulemaking Authority 501.626 FS. Law Implemented 501.604, 501.608 FS. History–New 6-26-94, Amended 2-11-98, 1-20-03, __________.