Fla. Admin. Code Ann. R. 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.
Notes
Rulemaking Authority 501.626, 570.07(23) FS. Law Implemented 501.605, 501.607, 501.608, 501.609 FS.
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.
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