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. 04/19, 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-10503.

(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. 04/19, 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-10504. Salespersons may also apply or renew their license online at: www.FreshFromFlorida.com.

(b) The interim operating authority shall be effective until such time as the department notifies the applicant of denial or approval of license. In no event shall the interim operating authority exceed a period of 90 days.

(c) In the event a license is denied, the interim operating authority shall immediately terminate and the applicant for a salesperson license shall immediately discontinue operating as a salesperson.

(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, 04/19, 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-10505.

(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: an 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. Pursuant to Section 501.609(5), 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 FDACS-10991, Military Fee Waiver Request, Rev. 10/18, incorporated by reference in Rule 5J-26.001, F.A.C., and provide all required 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) 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 FDACS-10006, Florida Telemarketing Act Material Change Form, Rev. 07/17, 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, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-08720. FDACS-10006 may also be completed and submitted online at: www.800helpfla.com/registeronline.

(6) In the event that a salesperson licensee changes his/her company affiliation, the salesperson shall utilize FDACS-10006, Florida Telemarketing Act Material Change Form, Rev. 07/17, incorporated in subsection (5), above, and pay the prescribed $10.00 fee. Such change in status shall be submitted to the department within 10 days of the 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. 04/19, 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, 7-11-19.