The purpose and effect of the amendments to Rule 5J-6.003, F.A.C., is to clarify the term, “driver’s license number”, in order to effectively implement Section 501.605, F.S. and Section 501.607, F.S. The purpose and effect of the amendments to Rule ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Consumer Services

Rule No.: RULE TITLE
5J-6.003: Definitions
5J-6.005: Licensing Requirement, Commercial Telephone Seller, Salesperson
5J-6.013: Exemption
PURPOSE AND EFFECT: The purpose and effect of the amendments to Rule 5J-6.003, F.A.C., is to clarify the term, “driver’s license number”, in order to effectively implement Section 501.605, F.S. and Section 501.607, F.S. The purpose and effect of the amendments to Rule 5J-6.005, F.A.C., is to implement Sections 501.605 and 501.607, F.S., requiring registration through the use of DACS Form 10001, Commercial Telephone Seller Business License Application Packet, Rev. 8-01-10, or DACS Form 10005, Commercial Telephone Salesperson Individual License Application Packet, Rev. 8-01-10. Amendments to Rule 5J-6.005, F.A.C., will also implement Section 501.609, F.S., requiring written notice to the Department using DACS Form 10006, Florida Telemarketing Act Material Change Form, Rev. 8-01-10, of any material changes in information previously submitted for purposes of licensure. The purpose and effect of Rule 5J-6.013, F.A.C., is to implement Section 501.608(1)(b), F.S., through the use of the Commercial Telephone Seller Affidavit of Exemption included in DACS Form-10001, Commercial Telephone Seller Business License Application Packet, Rev. 8-01-10, for those businesses claiming an exemption from licensure with the Department.
SUMMARY: Update of the Commercial Telephone Seller Business License Application Packet, Commercial Telephone Salesperson Individual License Application Packet, Florida Telemarketing Act Material Change Form, Affidavit of Exemption, and clarification of the definition of “driver’s license”.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 501.626 FS.
LAW IMPLEMENTED: 501.602, 501.603, 501.604, 501.605, 501.607, 501.608, 501.609 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mazey Strauss, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, phone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

5J-6.003 Definitions.

(1) For the purpose of this rule chapter, a “gift, award, or prize” does not include:

(a)(1) A de minimis offering of goods, such as a soft drink, a cup of coffee or tea, a snack, or a similar offering, or

(b)(2) Additional goods of like kind as the goods being offered for sale.

(2) As used in Section 501.605(2)(a) and Section 501.607(1)(a), F.S., if an applicant does not have a driver’s license number, applicant shall state that fact and provide a current Florida identification card number, lawfully issued by the Florida Department of Highway Safety and Motor Vehicles.

Rulemaking Specific Authority 501.626 FS. Law Implemented 501.602, 501.603, 501.605, 501.607 FS. History–New 4-12-92, Amended 5-15-95, 8-8-95,________.

 

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 without first obtaining a license to conduct such activity. All applicants applications for a license shall submit to the Department form DACS Form 10001, Commercial Telephone Seller Business License Application Package, Rev. 8/10, effective 5-3-02, hereby incorporated by reference, along with and provided by the Department, verified by the applicant, and accompanied by 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. Building, Tallahassee, Florida 32399-6500, or online at the following link: http://www.doacs.state.fl.us/onestop/forms/10001.pdf.

(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 the Application Packet, Rev. 8/10, including for license as a commercial Telephone Salesperson and the Statement of Verification, which are included in form DACS 10001, effective 5-3-02, hereby incorporated by reference, along with and 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. Building, Tallahassee, Florida 32399-6500, or online at the following links: http://www.doacs.state.fl.us/onestop/forms/10005.pdf.

(b) through (c) No change.

(3) The licensee shall notify the Department of all material changes in the information submitted in either the application for license, including the original application for licensure license, or any application for renewal of the license, occurring prior to renewal within 10 days of the material change. The licensee shall utilize form DACS Form 10006, Florida Telemarketing Act Material Change Form, Rev. 8/10, hereby incorporated by reference Statement of Verification 10001. 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 online at the following links: http://www.doacs.state.fl.us/onestop/forms/10006.pdf.

(4) In the event that a salesperson licensee changes his/her company affiliation, the salesperson shall utilize DACS Form 10006 10001, Florida Telemarketing Act Material Change Form, Rev. 8/10, incorporated in subsection (3), above, form Statement of Verification, 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 the salesperson intends to affiliate with more than one company, the salesperson shall execute a separate indicate such, as provided on form DACS 10001, by executing the Statement of Verification, as found in DACS Form 10005, Commercial Telephone Salesperson Individual License Application Packet, Rev. 8/10, incorporated in subsection (2), above, for each cCommercial tTelephone sSeller with which the salesperson intends to affiliate.

Rulemaking Specific 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,_______.

 

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 form DACS Form 10001, Rev. 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. Building, Tallahassee, Florida 32399-6500, or online at http://www.doacs.state.fl.us/onestop/forms/10001.pdf.

(2) No change.

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

NAME OF PERSON ORIGINATING PROPOSED RULE: Mazey Strauss, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida, 32399-6500, phone [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles H. Bronson, Commissioner
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 10, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 10, 2010