eLaws of Florida

  SECTION 501.605. Licensure of commercial telephone sellers.  


Latest version.
  • 1(1) 2Prior 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.
    46(2) 47An 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:
    82(a) 83The true name, date of birth, driver license number or other valid form of identification, and home address of the applicant, including each name under which he or she intends to do business.
    116(b) 117Each business or occupation engaged in by the applicant during the 3 years immediately preceding the date of the application, and the location thereof.
    141(c) 142The previous experience of the applicant as a commercial telephone seller or salesperson.
    155(d) 156Whether 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.
    194(e) 195Whether 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.
    235(f) 236Whether 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.
    276(g) 277Whether 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.
    360(h) 361Whether 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.
    448(i) 449The name of any parent or affiliated entity that:
    4581. 459Will engage in a business transaction with the purchaser relating to any sale solicited by the applicant; or
    4772. 478Accepts 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.
    507(j) 508The 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.
    540(k) 541A list of all telephone numbers to be used by the applicant, with the address where each telephone using these numbers will be located.
    565(l) 566The true name, current home address, date of birth, and all other names by which known, or previously known, of each:
    5871. 588Principal 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.
    6142. 615Office manager or other person principally responsible for a location from which the applicant will do business.
    6323. 633Salesperson or other person to be employed by the applicant.

    643The 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.

    713(3) 714When an application sets forth information regarding an applicant as described in paragraphs (2)(d)-(h), the applicant must:
    731(a) 732Identify the court or administrative agency rendering the conviction, judgment, or order against the person or pending litigation.
    750(b) 751Provide 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.
    792(4) 793If 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:
    830(a) 831In the case of a partnership, provide a copy of any written partnership agreement; or
    846(b) 847In the case of a corporation, provide a copy of its articles of incorporation and bylaws.
    863(5) 864An application filed pursuant to this part must be verified and accompanied by:
    877(a) 878A bond, letter of credit, or certificate of deposit satisfying the requirements of s. 892501.611893.
    894(b) 895A fee for licensing in the amount of $1,500. The fee shall be deposited into the General Inspection Trust Fund.
    916(6) 917The department shall issue a license number to all commercial telephone sellers.
    929(7) 930It is a violation of this part for a commercial telephone seller to:
    943(a) 944Fail to maintain a valid license.
    950(b) 951Advertise 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.
    977(c) 978Provide inaccurate or incomplete information to the department when making a license application.
    991(d) 992Misrepresent that a person is registered or that such a person has a valid license number.
History.-ss. 1, 2, ch. 91-237; s. 4, ch. 91-429; s. 4, ch. 92-186; s. 3, ch. 96-252; s. 1161, ch. 97-103; s. 14, ch. 97-250; s. 21, ch. 2012-67.