Notice of Development of Rulemaking

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Consumer Services
Rule No.: RULE TITLE
5J-6.003: Definitions
5J-6.005: Licensing Requirement, Commercial Telephone Seller, Salesperson
5J-6.013: Exemption
PURPOSE AND EFFECT: The purpose and effect of the amendments to Rule 5J-6.003, F.A.C., is to clarify the term, “driver’s license number”, in order to effectively implement Section 501.605, F.S. and Section 501.607, F.S. The purpose and effect of the amendments to Rule 5J-6.005, F.A.C., is to implement Sections 501.605 and 501.607, F.S., requiring registration through the use of DACS Form 10001, Commercial Telephone Seller Business License Application Packet, Rev. 8-01-10, or DACS Form 10005, Commercial Telephone Salesperson Individual License Application Packet, Rev. 8-01-10. Amendments to Rule 5J-6.005, F.A.C., will also implement Section 501.609, F.S., requiring written notice to the Department using DACS Form 10006, Florida Telemarketing Act Material Change Form, Rev. 8-01-10, of any material changes in information previously submitted for purposes of licensure. The purpose and effect of Rule 5J-6.013, F.A.C., is to implement Section 501.608(1)(b), F.S., through the use of the Commercial Telephone Seller Affidavit of Exemption included in DACS Form-10001, Commercial Telephone Seller Business License Application Packet, Rev. 8-01-10, for those businesses claiming an exemption from licensure with the Department.
SUBJECT AREA TO BE ADDRESSED: Update of the Commercial Telephone Seller Business License Application Packet, Commercial Telephone Salesperson Individual License Application Packet, Florida Telemarketing Act Material Change Form, and clarification of the definition of “driver’s license”.
SPECIFIC AUTHORITY: 501.626 FS.
LAW IMPLEMENTED: 501.602, 501.603, 501.604, 501.605, 501.607, 501.608, 501.609 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Mazey Strauss, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, (850)410-3848

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.