The Florida Telemarketing Act requires non-exempt businesses engaged in telemarketing and their salespeople to be licensed by the Department before operating in Florida. Certain exempt entities must have a vallid Affidavit of Exemption on file prior to operating in Florida.
Commercial Telephone Salesperson
- Certificate of Deposit SAMPLE: PDF WORD
- Letter of Credit SAMPLE: PDF WORD
- Surety Bond SAMPLE: PDF WORD
- ss. 501.601 – 501.626, Florida Statutes (F.S.)
- Chapter 5J-6, Florida Administrative Code
On the FAC site, please select "latest version" to view the rules
Frequently Asked Questions
The occupational licensing people say I need something from your office before I can get an occupational license. What do I need?
That depends on what you do. If you solicit the sale of consumer goods or services by phone, you may need a telemarketing license.
But I don't solicit by phone, I mail postcards to people and they call me.
You may still be covered by the Telemarketing Act. The law defines a commercial telephone solicitation to include more than just cold calls, it also includes those situations where a seller sends something to a consumer that conveys information regarding the price, quality, or availability of a consumer good or service and invites a response by telephone.
But I don't solicit anyone in Florida, all of my customers are out of state.
The law will still be applicable. It defines doing business in this state as a call from Florida or a call to a purchaser in Florida.
How much does the license cost?
The application fee for the business is $1500 annually. The application fee for the salesperson is $50 annually. The security can be in the form of a surety bond, a certificate of deposit, or a letter of credit, and the minimum amount of this security is $50,000.00.
Are there any exemptions to this law?
Yes, currently there are 28 paragraphs of exemptions. If you would like to receive the telemarketing application packet of information that will include a reprint of the telemarketing law, the administrative rules, application forms, security forms, and affidavit of exemption, please contact us.
I think I am exempt from licensing, but the occupational licensing people still want something in writing before they will issue an occupational license. What do they need?
They will want to see an affidavit of exemption. The affidavit will be included in the telemarketing application packet. Fill it out, sign and notarize it, make a copy for yourself, and send the original to us. Show your copy to the occupational licensing office and the letter you received from our office acknowledging your affidavit of exemption.
What should I do when I receive my license or affidavit of exemption letter?
The law requires you to display these documents in a prominent location. When you apply to renew your occupational license, you will be asked to show either your telemarketing license a copy of your affidavit of exemption and acknowledgement letter you received from our office.
Can you tell me what the telemarketing law requires?
The law requires businesses that solicit the sale of consumer goods or services to be licensed, to post some form of security, and that their salespersons be licensed. It also requires the solicitor to identify him or herself by true first and last name and the name of the business on whose behalf he or she is calling. It requires a written contract that matches the description of the goods or services offered in the telephone solicitation, contains the name, address, telephone number and license number of the seller, and states the buyers right to cancel immediately preceding the signature. The written contract is not required if the consumer is given a full refund for the return of undamaged and unused goods or a cancellation of services within 7 days of receipt of the goods or a cancellation of the services and the seller processes the refund within 30 days after receipt of the returned merchandise by the consumer.
If you have any questions, please contact us:
1-800-HELP-FLA (435-7352) Calling from Florida
850-410-3800 Calling from outside of Florida
Terry Rhodes Building
2005 Apalachee Parkway
Tallahassee, FL 32399-6500
Map to the office
As of July 1, 2009, the Florida Legislature passed House Bill 61 (refer to section 9, highlighted text) which was signed into law by the Governor. This new law amends portions of Chapter 721, F.S., regulating the timeshare industry in Florida. The new law creates s.721.20(9), F.S., requiring additional disclosures by timeshare "resale service providers" before entering into contracts to market or resell timeshare units. Failure to make the required disclosures is defined as an unfair and deceptive trade practice.