Florida Regulations 5J-6.013: Exemption
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(1) Any business entity claiming an exemption from the commercial telephone seller laws pursuant to Section 501.608(1)(b), F.S., shall, prior to offering its services, file with the department FDACS-10002, Commercial Telephone Seller Affidavit of Exemption, 07/17, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Telemarketing, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-08721.
(2) Any business entity claiming to be exempt under Florida Statutes § 501.604(22), 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 seller’s business involves the buyer obtaining such products or services at the seller’s location. For the purposes of this rule, a “”majority of the seller’s business”” shall mean that at least 51% of each of the following occurs at the seller’s 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.
Rulemaking Authority 501.626, 570.07(23) FS. Law Implemented 501.604, 501.608 FS. History-New 6-26-94, Amended 2-11-98, 1-20-03, 3-29-12, 1-19-14, 7-11-17, 10-31-17.
Terms Used In Florida Regulations 5J-6.013
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(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 seller’s business involves the buyer obtaining such products or services at the seller’s location. For the purposes of this rule, a “”majority of the seller’s business”” shall mean that at least 51% of each of the following occurs at the seller’s 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.
Rulemaking Authority 501.626, 570.07(23) FS. Law Implemented 501.604, 501.608 FS. History-New 6-26-94, Amended 2-11-98, 1-20-03, 3-29-12, 1-19-14, 7-11-17, 10-31-17.