The proposed rulemaking amends incorporated forms, provides a procedure for certain individuals to obtain a military waiver of their initial or renewal registration fee and updates the penalty section to implement recent statutory changes.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-6.005Licensing Requirement, Commercial Telephone Seller, Salesperson, Substance Abuse Marketing Service Provider

5J-6.016Enforcement Actions and Administrative Penalties

PURPOSE AND EFFECT: The proposed rulemaking amends incorporated forms, provides a procedure for certain individuals to obtain a military waiver of their initial or renewal registration fee and updates the penalty section to implement recent statutory changes.

SUMMARY: The proposed rules will streamline the application process by updating incorporated license applications, provide guidance to applicants seeking a military waiver of an initial or renewal registration fee and designate a new violation in the penalty section related to recordkeeping requirements. These amendments will ensure statutory compliance with ch. 2018-7, Laws of Florida and the Florida Telemarketing Act.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed revisions update incorporated department forms, provide guidance on how to obtain a military fee waiver and align the penalty section to conform with statute. There are no increased regulatory costs associated with these revisions. Additionally, no interested party submitted additional information regarding the economic impact.

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.

RULEMAKING AUTHORITY: 501.626, 570.07(23) FS.

LAW IMPLEMENTED: 501.605, 501.607, 501.608, 501.609, 501.612(1), (2), 501.6175, 570.971(4) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Liz Compton, Bureau Chief, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida, 32399-6500, email at [e-mail] or by phone [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-6.005 Licensing Requirement, Commercial Telephone Seller, Salesperson, Substance Abuse Marketing Service Provider.

(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. 02/19 07/17, 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, Tallahassee, Florida 32399-6500, or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-            08717.

(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. 02/19 07/17, 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, Tallahassee, Florida 32399-6500, or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-     08718. Salespersons may also apply or renew their license online at: www.FreshFromFlorida.com.

(b) through (c) No change.

(3) No person may provide substance abuse marketing services unless licensed by the Department of Agriculture and Consumer Services. All applicants for a license shall submit to the department FDACS-10008, Substance Abuse Marketing Service Provider License Application, 02/19 07/17, 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, Tallahassee, Florida 32399-6500, or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-        08719.

(4) Pursuant to sections 501.605(5)(b) and 501.607(2)(b), F.S., the following persons are eligible for a waiver of the initial registration fee: aAn honorably discharged veteran of the United States Armed Forces, the spouse or surviving spouse of such a veteran, a current member of the United States Armed Forces who has served on active duty, the spouse of such a member, the surviving spouse of a member of the United States Armed Forces if the member died while serving on active duty, or a business entity that has a majority ownership held by such a veteran or spouse or surviving spouse. requesting a waiver of the initial registration fee Ppursuant to sSection 501.609(5) 501.605(5)(b), F.S., the following persons are eligible for a waiver of the renewal registration fee: an active duty member of the United States Armed Forces or the spouse of such member, a member who served on active duty within the 2 years preceding the renewal date, an honorably discharged veteran of the United States Armed Forces who served on active duty within the 2 years preceding the expiration date, or the surviving spouse of a member if the member was serving on active duty at the time of death and died within the 2 years preceding the date of renewal. Persons seeking a fee waiver shall submit complete FDACS-10991, Military Veteran Fee Waiver Request, Rev. 10/18 07/17, incorporated by reference in rRule 5J-26.001, F.A.C., An applicant requesting a fee waiver shall submit a completed Military Veteran Fee Waiver Request and provide all required supporting documentation at the time the applicant submits the Commercial Telephone Seller Business License Application referenced in subsection (1), the Commercial Telephone Salesperson Individual License Application referenced in subsection (2), or the Substance Abuse Marketing Service Provider License Application referenced in subsection (3).

(5) through (6) No change.

(7) 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, Commerial Telephone Salesperson Individual License Application, Rev. 02/19 07/17, incorporated in subsection (2), above, for each commercial telephone seller with which the salesperson intends to affiliate.

Rulemaking Authority 501.626, 570.07(23) 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, 1-19-14, 4-16-15, 7-11-17, 10-31-17,           .

 

5J-6.016 Enforcement Actions and Administrative Penalties.

(1) through (7) No change.

(8) Penalties.

(a) through (b) No change.

(c) Major Violations. Major violations shall result in the imposition of an administrative fine of $1,000 to $10,000, suspension or revocation of the license as prescribed in Section 501.612(2)(d), F.S., or any of the penalties as prescribed in Sections 501.612(2)(b)-(e), F.S. The following violations shall be considered major violations:

1. through 13. No change.

14. Failure to comply with Section 501.6175, F.S.

15.14. No change.

16.15. No change.

17.16. Any willful violation of Sections 501.601-501.626, F.S.

(9) through (11) No change.

Rulemaking Authority 501.626, 570.07(23) FS. Law Implemented 501.612(1), (2)(d), 501.6175, 570.971(4) FS. History–New 4-16-15, Amended 7-13-16,               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Liz Compton, Bureau Chief, Division of Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Nicole Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 21, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 25, 2018