5J-6.005, F.A.C.
5J-6.005 Licensing Requirement, Commercial Telephone Seller,
Salesperson.
(1)
No person may act as a commercial telephone seller
or salesperson without first obtaining a license to conduct such activity. All
applications for a license shall be in writing on a form as provided herein
by the Department, verified by the applicant, and accompanied by the required
fee.
(2)
The commercial telephone seller shall utilize Form 10001, effective
4-12-92, entitled Application for License, Commercial Telephone Seller, hereby
adopted and incorporated by reference. Copies of this form may be obtained from
the Department of Agriculture and Consumer Services, Division of Consumer Services,
Attn: Telemarketing, Mayo Building, Second Floor, Tallahassee, Florida 32399-0800.
(3)
The salesperson shall utilize Form 10002, effective 4-12-92,
entitled Application for License, Salesperson, hereby adopted and incorporated
by reference. Copies of this form may be obtained from the Department of Agriculture
and Consumer Services, Division of Consumer Services, Attn: Telemarketing, Mayo
Building, Second Floor, Tallahassee, Florida 32399-0800.
(4)
(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 Form 10002.
(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.
(5)
The licensee shall notify the Department of all material changes
in the information submitted in the application for license, including the original
application for license, or any application for renewal of the license, occurring
prior to renewal within 10 days of the change. The licensee shall utilize form
10003, effective 4-12-92, entitled Material Change, Commercial Telephone Seller/Salesperson,
hereby adopted and incorporated by reference, and shall remit proper fees as
applicable.
(6)
The licensee shall attach a photocopy of the original information
which was submitted as a condition of initial or renewal license to form 10003,
Material Change, Commercial Telephone Seller/Salesperson, and the photocopy
shall be noted and conspicuously identified.
(7)
In the event that a salesperson licensee changes his/her company
affiliation, the salesperson shall utilize form 10003, Material Change, Commercial
Telephone Seller/Salesperson. Additionally, the salesperson shall utilize a
properly executed form 10004, effective 4-12-92, entitled Statement of Verification,
hereby adopted and incorporated by reference, and pay the prescribed $ 10 fee.
Such change in status shall be submitted to the Department within 10 days of
the change.
(8)
In the event that the salesperson intends to affiliate with
more than one company, the salesperson shall indicate such as provided on form
10002, Application for License, Salesperson, and shall submit an executed form
10004, Statement of Verification, for each Commercial Telephone Seller with
which the salesperson intends to affiliate.
