Telemarketing

That depends on what you do. If you solicit the sale of consumer goods or services by phone, you may need a telemarketing license.

The telemarketing 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.

The application fee for the business is $1,500 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.

Yes, currently there are 28 paragraphs of exemptions. If you would like to receive the telemarketing application packet, which includes a reprint of the telemarketing law, the administrative rules, application forms, security forms and affidavit of exemption, please contact us at 1-800-HELP-FLA (435-7352).

Certain exemptions require an entity to have a valid affidavit of exemption on file with FDACS prior to operating in Florida. A receipt of filing an affidavit of exemption must be displayed in your place of business. FDACS may request documentation to verify the validity of an exemption before an affidavit of exemption is granted.

They will want to see an affidavit of exemption. The affidavit will be included in the telemarketing application packet. Fill it out, sign it, make a copy for yourself and send the original to us. Show your copy to the city/county office and the letter you received from our office acknowledging your affidavit of exemption.

The law requires you to display these documents in a prominent location. When you apply to renew your business tax receipt, you will be asked to show either your telemarketing license or a copy of your affidavit of exemption and acknowledgment letter you received from our office.

The law requires businesses that solicit the sale of consumer goods or services:

• To be licensed,
• To post some form of security,
• To license all of their salespeople and
• To provide FDACS with a list of all telephone numbers to be used by the applicant.
• It requires solicitors to identify themselves by true first and last name and the name of the business on whose behalf they are 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 buyer's right to cancel immediately preceding the signature.

The written contract is not required if the consumer is given the right to a full refund for the return of undamaged and unused goods or a cancellation of services within seven 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.

*Please note: Sellers of Travel Independent Sales Agents are not eligible to receive the military waiver.

Active duty military, honorably discharged veterans, military spouses or surviving spouses may be eligible for a waiver of the initial or renewal registration fee. 

Applicants must meet the licensing requirements of the specific industry and must submit FDACS-10991, Military Fee Waiver Request[ ] .The waiver request and required supporting documentation must be submitted at the time the applicant submits the registration application.

Call 1-800-HELP-FLA (435-7352) or 1-800-FL-AYUDA (352-9832) for more information regarding the military registration fee waiver.

A third-party marketer working for treatment facilities and/or sober homes. Treatment facilities doing their own in-house marketing are not required to register as long as they do not refer callers to another facility for a fee.

Regardless of the location of the business, if you do business with Florida residents and/or Florida facilities, you are required to register.

No, only the business must register. The names of the employees must be submitted, but they are not required to register or pay a fee.

No, there is no security requirement for this applicant.

There is a $1,500 registration fee.

No, there is no online registration for this application type at this time. The Florida Department of Agriculture and Consumer Services will be working to add online registration soon.