Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-6 - TELEMARKETING › Section 5J-6.014 - Denials

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this rule is to implement Section
				  501.612(1),
				  F.S. The department shall not issue an initial or renewal license to any person
				  applying for a commercial telephone seller or salesperson or an entity
				  providing substance abuse marketing services license if the department finds
				  that the applicant, or any of its owners, operators, officers, directors,
				  partners, or other individuals engaged in the management activities of the
				  applicant, has:
(1) Been convicted or
				found guilty of, or entered a plea of guilty or nolo contendere to, any
				misdemeanor crime within the last three (3) years that involves fraud, theft,
				embezzlement, fraudulent conversion, or misappropriation of property, or any
				other crime involving moral turpitude.
(2) Been convicted or found guilty of, or
				entered a plea of guilty or nolo contendere to, any violation of Section
				832.05(2) or
				832.05(4), F.S.
				within the last three (3) years and and has not successfully completed or
				satisfied all the conditions and/or terms of his or her sentencing, including
				any probation or parole.
(3) Been
				convicted or found guilty of, or entered a plea of guilty or nolo contendere
				to, any felony crime within the last five (5) years that involves fraud, theft,
				embezzlement, fraudulent conversion, or misappropriation of property.
(4) Been convicted or found guilty of, or
				entered a plea of guilty or nolo contendere to, any felony crime within the
				last seven (7) years that involves racketeering or any offense involving
				robbery, carjacking, attempted carjacking, home invasion, or misappropriation
				of moneys by commisioners to make sales.
(5) Been convicted or found guilty of, or
				entered a plea of guilty or nolo contendere to any capital offense within the
				last 10 years.
(6) Been convicted
				or found guilty of, or entered a plea of guilty or nolo contendere to, any
				crime that involves racketeering, fraud, theft, embezzlement, fraudulent
				conversion, or misappropriation of property, or involving moral turpitude, and
				who has not successfully completed or satisfied all the conditions and/or terms
				of his or her sentencing, including any probation or parole.
(7) Had entered against him or her, or any
				business for which he or she has been affiliated as an owner, operator,
				officer, director, partner, or worked in the management activities, 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 or misleading
				representation in an attempt to sell or dispose of real or personal property or
				the use of any unfair, unlawful, or deceptive trade practice and who has not
				satisfied all the conditions and/or terms of his or her judgment or
				order.
Rulemaking Authority 501.626 FS. Law Implemented 501.612
					 FS.
New 1-20-03, Amended 1-19-14,
					 10-31-17.