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FL telemarketing rules

Florida telemarketing rules

Florida bars telephone solicitation calls before 8 a.m. or after 8 p.m., caps them at three per person in 24 hours on the same subject, requires prior express written consent for automated sales calls, keeps a state do not call list, and licenses nonexempt telemarketers.

From official sources, checked September 26, 2026. General information, not legal advice.

Key facts

  • Florida's definition of a telephonic sales call covers calls, text messages, and voicemail transmissions to consumers.
  • A telephonic sales call to any Florida area code is presumed, subject to rebuttal, to reach a Florida resident or a person in Florida.
  • Soliciting purchasers located in Florida from another state or nation counts as doing business in Florida under the Florida Telemarketing Act.
  • No exemption in the Florida Telemarketing Act excuses its calling hours, call frequency, or caller ID rules.
  • House Bill 761 of 2023 amended the automated call rule, the consent definition, and the rules for lawsuits over text messages.

Automated sales calls need prior express written consent

Fla. Stat. 501.059(8) and (10)

A person may not make or knowingly allow an unsolicited telephonic sales call that involves an automated system for the selection and dialing of telephone numbers, or the playing of a recorded message, without the called party's prior express written consent. The House analysis of HB 761 says the 2023 law replaced "selection or dialing" with "selection and dialing." Calls at the person's express request, about an unfinished debt or contract, or to someone with a prior or existing business relationship are not unsolicited. Before suing over texts, the called party must reply STOP, and may sue only if texts continue 15 days later.

What Florida counts as written consent

Fla. Stat. 501.059(1)(g) and (h)

Prior express written consent is a written agreement, signed by the called party, that clearly authorizes sales calls by call, text, or voicemail using an automated system, a recorded message, or a prerecorded voicemail, and includes the number to be called. It must clearly and conspicuously disclose that signing authorizes those calls and is not a condition of any purchase. A signature can be an electronic or digital signature, or an act showing express consent, such as checking a box or responding affirmatively to receiving text messages.

Calling hours and the three call limit

Fla. Stat. 501.616(6)

A commercial telephone seller or salesperson may not make a commercial telephone solicitation call before 8 a.m. or after 8 p.m. local time in the called person's time zone. It also may not make more than three such calls from any number to a person over a 24 hour period on the same subject matter or issue, regardless of the number used. Both limits cover automated dialing and recorded messages.

Florida's do not call list

Fla. Stat. 501.059(3) to (5)

The Department of Agriculture and Consumer Services keeps a no sales solicitation calls list of residential, mobile, and paging numbers that includes Florida numbers from the national registry. No unsolicited telephonic sales call may go to a number on the current quarterly listing, and the department says a business that buys the national list must also buy the state list. Separately, no call, text, or voicemail may go to a consumer, business, or donor who told the caller they do not want calls made by or for that seller.

A telemarketing license from the department

Fla. Stat. 501.605, 501.609, 501.611

Before doing business in Florida, a commercial telephone seller must obtain a license from the Department of Agriculture and Consumer Services, and its salespeople must be licensed too. The application lists every telephone number the seller will use, includes its scripts, and comes with a bond, letter of credit, or certificate of deposit. Licenses renew annually, and a changed script must be filed within 10 days. The Act lists 28 paragraphs of exemptions, and sellers claiming certain of them must file a notarized affidavit of exemption.

Disclosures and caller ID

Fla. Stat. 501.613 and 501.059(8)(b)

Within the first 30 seconds, a commercial telephone seller or salesperson must give their true name, the company they call for, and what is being sold. Sales callers must send their number, and their name when the carrier makes it available, to caller ID, or may show the seller's name and a customer service number answered during regular business hours. A displayed number must accept calls and connect back to the solicitor or seller.

Recording calls

Fla. Stat. 934.03(2)(d)

Florida's interception law makes it lawful for a person to intercept a wire, oral, or electronic communication when all of the parties to the communication have given prior consent.

Questions

Do Florida calling hours apply to a seller that is exempt from licensing?

Yes. Section 501.604 says the Florida Telemarketing Act does not apply to the exempt persons it lists, except for sections 501.608 and 501.616(6) and (7). Those subsections hold the calling hours, the three call limit, and the caller ID rules.

What changed in Florida in 2023?

HB 761 changed the automated call rule to refer to systems for the selection and dialing of numbers, revised the prior express written consent definition, and let an act such as checking a box count as a signature. It also requires a person to reply STOP and wait 15 days before suing over text messages.

Does Florida law apply if our call center is in another state?

The Florida Telephone Solicitation Act defines doing business in Florida to include calls from other states or nations to consumers located in Florida. The Florida Telemarketing Act uses the same idea for licensing, and the department's FAQ adds that a business calling from Florida is covered even when all of its customers are out of state.

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