TITLE 5 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DIVISION OF CONSUMER SERVICES
CHAPTER 5J-6 TELEMARKETING
5J-6.013, F.A.C.
5J-6.013 Exemption.
(1)
Any business entity claiming an exemption pursuant
to Section 501.608(1)(b), Florida Statutes, shall file Form DACS 10005, entitled
Affidavit of Exemption, Florida Telemarketing Act, effective 6-26-94, hereby
incorporated by reference. Copies of this form may be obtained from the Department
of Agriculture and Consumer Services, Division of Consumer Services, Attn: Telemarketing,
227 North Bronough Street, Suite 7200, Tallahassee, Florida 32301.
(2)
Any business entity claiming to be exempt under Section 501.604(22),
Florida Statutes, shall furnish the Department copies of occupational licenses,
lease agreements, or tax returns which verify the entity has been operating
a retail establishment at least one year under the same name as that used in
connection with telemarketing; and
(a)
Shall provide a written statement that products are displayed
and offered for sale, or services are offered for sale, and provided at the
business establishment; and
(b)
Shall furnish the Department copies of sales records, customer
lists, purchase orders, general ledger entries, journals, or other documents
which verify that a majority of the sellers business involves the buyer obtaining
such products or services at the sellers location. For the purposes of this
rule, a majority of the sellers business shall mean that at least 51% of each
of the following occurs at the sellers business establishment:
1.
The total annual dollar volume of sales;
2.
The total number of individual customer transactions; and
3.
The total number of sales.
Compliance Guide:
Registration Made Easy.
Online State Registration wizard for call campaign licensing.
Wizard makes finding State DNC exemptions easy.
Quickly answer questions with included regulatory guide.
This site is provided for informational purposes only. These materials do not constitute legal advice and should not be used as a substitute for competent legal counsel. No representations are made regarding the timeliness, accuracy, or completeness of these materials.
