DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NO.: RULE TITLE:
5J-6.005: Licensing Requirement, Commercial Telephone Seller, Salesperson
5J-6.013: Exemption
5J-6.014: Denials
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. 39 No. 135, July 12, 2013 issue of the Florida Administrative Register.
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 FDACS-10001, Commercial Telephone Seller Business License Application, Rev. 08/13 07/13, 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 http://www.flrules.org/Gateway/reference.
(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 FDACS-10005, Commercial Telephone Salesperson Individual License Application, Rev. 08/13 07/13, 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 http://www.flrules.org/Gateway/reference. Salespersons may also apply or renew their license online at: www.800helpfla.com/registeronline.
(2)(b) through (c) No change.
(3) through (4) No 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 FDACS-10005, Commercial Telephone Salesperson Individual License Application, Rev. 08/13 07/13, incorporated in subsection (2), above, for each commercial telephone seller with which the salesperson intends to affiliate.
Rulemaking Authority 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, 3-29-12, .
5J-6.013 Exemption.
(1) Any business entity claiming an exemption from the commercial telephone seller laws pursuant to Section 501.608(1)(b), F.S., shall, prior to offering its services, file with the department the executed Affidavit of Exemption included in FDACS-10001, Rev. 08/13 07/13, incorporated by reference in Rule 5J-6.005, F.A.C. 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.
(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, 3-29-12, .
5J-6.014 Denials.
No change.
Rulemaking Authority 501.626 FS. Law Implemented 501.612 FS. History–New 1-20-03, Amended .
