TITLE 33. REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
CHAPTER 501. CONSUMER PROTECTION
PART IV. FLORIDA TELEMARKETING ACT
Fla. Stat. § 501.608
§ 501.608. License or affidavit of exemption; occupational license
(1)
(a)
The department shall issue to each approved applicant a license in such form and size as is prescribed
by the department and, in the case of a commercial telephone seller who is not exempt under the provisions of
s. 501.604, shall issue a license for each location at which the commercial telephone seller proposes to do
s. 501.604, shall issue a license for each location at which the commercial telephone seller proposes to do
business.
(b)
Any commercial telephone seller claiming to be exempt from the act under s. 501.604(2), (3), (5), (6),
(9), (10), (11), (12), (17), (21), (22), (24), or (26) must file with the department a notarized affidavit of
exemption. The affidavit of exemption must be on forms prescribed by the department and must require the name
of the commercial telephone seller, the name of the business, and the business address. Any commercial
telephone seller maintaining more than one business may file a single notarized affidavit of exemption that
clearly indicates the location of each place of business. If a change of ownership occurs, the commercial
telephone seller must notify the department.
(c)
The affidavit of exemption may be used for the purpose of obtaining an occupational license.
(d)
Each license issued under this part must show the name and address of the person to whom it is issued,
as well as the license number, if any, and date of issuance.
(2)
Each licensee or person claiming an exemption shall prominently display his or her license or a copy of
his or her affidavit of exemption at each location where he or she does business. Each licensee or person
claiming an exemption shall make the license or the copy of the affidavit of exemption available for
inspection by any governmental agency upon request.
(3)
Failure to display a license or a copy of the affidavit of exemption is sufficient grounds for the
department to issue an immediate cease and desist order, which shall act as an immediate final order under s.
120.569(2)(n). The order may remain in effect until the commercial telephone seller or a person claiming to be
exempt shows the authorities that he or she is licensed or exempt. The department may order the business to
cease operations and shall order the phones to be shut off. Failure of a salesperson to display a license may
result in the salesperson being summarily ordered by the department to leave the office until he or she can
produce a license for the department.
(4)
Any person applying for or renewing a local occupational license to engage in business as a commercial
telephone seller must exhibit an active license or a copy of the affidavit of exemption before the local
occupational license may be issued or reissued.
(5)
An affidavit of exemption has no bearing on a person's burden of proof in any civil or criminal proceeding
as provided in s. 501.624.
Compliance Guide:
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