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 FDACS-10002, Commercial Telephone Seller Affidavit of Exemption, 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-08721.

(2) Any business entity claiming to be exempt under Section 501.604(22), F.S., shall furnish the department copies of occupational licenses, lease agreements, or tax returns which verify the entity has been operating a retail establishment at least one year under the same name as that used in connection with telemarketing; and,

(a) Shall provide a written statement that products are displayed and offered for sale, or services are offered for sale, and provided at the business establishment; and

(b) Shall furnish the department copies of sales records, customer lists, purchase orders, general ledger entries, journals, or other documents which verify that a majority of the seller’s business involves the buyer obtaining such products or services at the seller’s location. For the purposes of this rule, a “majority of the seller’s business” shall mean that at least 51% of each of the following occurs at the seller’s business establishment:

1. The total annual dollar volume of sales,

2. The total number of individual customer transactions; and,

3. The total number of sales.

Rulemaking Authority 501.626, 570.07(23) FS. Law Implemented 501.604, 501.608 FS. History–New 6-26-94, Amended 2-11-98, 1-20-03, 3-29-12, 1-19-14, 7-11-17, 10-31-17.