TITLE 33. REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
CHAPTER 501. CONSUMER PROTECTION
PART IV. FLORIDA TELEMARKETING ACT
Fla. Stat. § 501.605
§ 501.605. Licensure of commercial telephone sellers
(1)
Prior to doing business in this state, a commercial telephone seller shall obtain a license from the
department. Doing business in this state includes either telephone solicitation from a location in Florida or
solicitation from other states or nations of purchasers located in Florida.
(2)
An applicant for a license as a commercial telephone seller must submit to the department, in such form as
it prescribes, a written application for the license. The application must set forth the following
information:
(a)
The true name, date of birth, driver's license number, social security number, and home address of the
applicant, including each name under which he or she intends to do business.
(b)
Each business or occupation engaged in by the applicant during the 3 years immediately preceding the
date of the application, and the location thereof.
(c)
The previous experience of the applicant as a commercial telephone seller or salesperson.
(d)
Whether the applicant has previously been arrested for, convicted of, or is under indictment or
information for, a felony and, if so, the nature of the felony. Conviction includes a finding of guilt where
adjudication has been withheld.
(e)
Whether the applicant has previously been convicted of, or is under indictment or information for,
racketeering or any offense involving fraud, theft, embezzlement, fraudulent conversion, or misappropriation
of property. Conviction includes a finding of guilt where adjudication has been withheld.
(f)
Whether there has ever been a judicial or administrative finding that the applicant has previously been
convicted of acting as a salesperson without a license, or whether such a license has previously been refused,
revoked, or suspended in any jurisdiction.
(g)
Whether the applicant has worked for, or been affiliated with, a company that has had entered against
it an injunction, a temporary restraining order, or a final judgment or order, including a stipulated judgment
or order, an assurance of voluntary compliance, or any similar document, in any civil or administrative action
involving racketeering, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property or
the use of any untrue, deceptive, or misleading representation or the use of any unfair, unlawful, or
deceptive trade practice.
(h)
Whether the applicant has had entered against him or her an injunction, a temporary restraining order,
or a final judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance,
or any similar document, in any civil or administrative action involving racketeering, fraud, theft,
embezzlement, fraudulent conversion, or misappropriation of property or the use of any untrue, deceptive, or
misleading representation or the use of any unfair, unlawful, or deceptive trade practice; and whether or not
there is any litigation pending against the applicant.
(i)
The name of any parent or affiliated entity that:
1.
Will engage in a business transaction with the purchaser relating to any sale solicited by the
applicant; or
2.
Accepts responsibility or is otherwise held out by the applicant as being responsible for any
statement or act of the applicant relating to any sale solicited by the applicant.
(j)
The complete street address of each location, designating the principal location, from which the
applicant will be doing business. If any location is a mail drop, this shall be disclosed as such.
(k)
A list of all telephone numbers to be used by the applicant, with the address where each telephone
using these numbers will be located.
(l)
The true name, current home address, date of birth, social security number, and all other names by
which known, or previously known, of each:
1.
Principal officer, director, trustee, shareholder, owner, or partner of the applicant, and of each
other person responsible for the management of the business of the applicant.
2.
Office manager or other person principally responsible for a location from which the applicant will
do business.
3.
Salesperson or other person to be employed by the applicant.
The application shall be accompanied by a copy of any: Script, outline, or presentation the applicant will
require or suggest a salesperson to use when soliciting, or, if no such document is used, a statement to that
effect; sales information or literature to be provided by the applicant to a salesperson; and sales
information or literature to be provided by the applicant to a purchaser in connection with any solicitation.
(3)
When an application sets forth information regarding an applicant as described in paragraphs (2)(d)-(h),
the applicant must:
(a)
Identify the court or administrative agency rendering the conviction, judgment, or order against the
person or pending litigation.
(b)
Provide the docket number of the matter; the date of the conviction, judgment, or order; and the name
of the governmental agency, if any, that brought the action resulting in the conviction, judgment, or order.
The applicant must also include litigation.
(4)
If the applicant is other than a natural person, or if any parent or affiliated entity is identified
pursuant to paragraph (2)(i), the applicant must, for itself and any such entity, identify its place of
organization and:
(a)
In the case of a partnership, provide a copy of any written partnership agreement; or
(b)
In the case of a corporation, provide a copy of its articles of incorporation and bylaws.
(5)
An application filed pursuant to this part must be verified and accompanied by:
(a)
A bond, letter of credit, or certificate of deposit satisfying the requirements of s. 501.611.
(b)
A fee for licensing in the amount of $ 1,500. The fee shall be deposited into the General Inspection
Trust Fund.
(6)
The department shall issue a license number to all commercial telephone sellers.
(7)
It is a violation of this part for a commercial telephone seller to:
(a)
Fail to maintain a valid license.
(b)
Advertise that one is licensed as a commercial seller or represent that such licensing constitutes
approval or endorsement by any government or governmental office or agency.
(c)
Provide inaccurate or incomplete information to the department when making a license application.
(d)
Misrepresent that a person is registered or that such a person has a valid license number.
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