Adam H. Putnam, Commissioner - Tom A. Steckler, Director

Florida Do Not Call Program
Information for Businesses

Forms | Florida Laws | FAQ |Contact | Consumer Info | Additional Info

The Florida Department of Agriculture and Consumer Services maintains the State's "Do Not Call" list.   Florida residents who do not wish to receive sales calls may have their residential, mobile or paging device telephone number included on this list.

Forms

Florida Laws

Frequently Asked Questions

Can I order the Florida Do Not Call list online?
Yes. You can order, pay by credit card and download the list online.

Can I order the Florida Do Not Call list by mail?
Yes. Use the Do Not Call List Order Form PDF Document. Please complete the form, attach a check or money order and send the completed form to the appropriate address found on the order form. It will take approximately two weeks for you to receive your order after the Department of Agriculture and Consumer Services receives your order.

Can I order the Florida Do Not Call list over the phone?
No. You may purchase the list online by credit card and immediately download the currently available quarter or complete a Do Not Call List Order Form PDF Document and submit by mail.

Can a business pay for an order by credit card? 
Yes. You can pay for the Florida Do Not Call list by credit card for online transactions only. Once your payment is made, you can immediately download the list to your computer.

Does the Department send out renewal notices for a business?
No. It is the responsibility of each business to keep their subscriptions updated with the latest quarter.

If I pay for a yearly subscription by mail, do I need to contact the department each quarter to receive the list? 
No, we will send out the list automatically until your subscription runs out.

If I pay for a yearly subscription online, when will the quarterly list be available? 
Online lists will be available approximately 30 days before the quarter begins.

What format is the list provided in? 
The Florida Do Not Call list is provided in an ASCII format.

If we purchase the National List do we have to purchase the state list? 
Yes.

How often are the lists updated? 
The State DNC list is updated quarterly. 

Does the list have names and addresses? 
No.  The list only contains phone numbers for the specific area codes that you order.

What is the difference between the telephone solicitation law and the Florida Telemarketing Act? 
The telephone solicitation (Do Not Call) law requires the Department to produce a list of telephone numbers of subscribers who do not wish to receive solicitation calls for the sale of consumer goods or services.  It requires certain disclosures and prohibits the use of an automated solicitation device with a recorded message. The Florida Telemarketing Act requires non-exempt businesses that solicit the sale of consumer goods or services to be licensed. 

What hours can a telemarketer call?
Calls are permitted from 8:00am through 9:00pm, local time.

What are the majority of the violations for?
The most frequent violations occur because the solicitor: failed to identify his or her true first and last names and the business on whose behalf he or she is soliciting immediately upon making contact; called a telephone number on the Do Not Call list; made a pre-recorded sales call without the consumer's consent. Review the Florida Statute, sections 501.059 (2), (4) or (7)

What are the penalties for a Do Not Call violation?
The civil penalty shall not exceed $10,000 per violation, however, the department may seek other relief, including injunctive relief. Review the Florida Statute, Section 501.059 (8).

If a person on the list has their home for sale by owner may I call them? 
If they have a sign posted in their yard or other form of advertisement that they have placed then you may call them.  However, the National DNC program also requires that you have a client that is interested in the property before contacting the owner (The National DNC law would then supercede Florida law). 

Must I provide my name when calling consumers? 
Yes. Any telephone solicitor who makes unsolicited sales calls must identify themselves by their true first and last name and the business on whose behalf they are calling immediately upon making contact with a consumer.

Are mobile numbers included on the list? 
Yes.  Mobile (cellular), residential and telephonic paging device numbers are listed.

May I call consumers that I have previously done business with?
Yes.  However, the National DNC program requires that the prior business relationship be within 18 months of the phone call.  Again, this would supercede Florida law which has no time frame established.

Are auto dialers allowed? 
If an automated system is used for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is made to the number called then NO you may not use an auto dialer.  However, an automated dialing system may be used if you leave a live message and the messages are solely in response to calls initiated by the person the auto dialer has called or if the telephone numbers selected have been screened to exclude subscribers of the current DNC list, or if the call is made concerning goods or services that have been previously ordered or purchased.

Do I have to order the Do Not Call list if I received an affidavit of exemption as a telemarketer? 
The telemarketing program and the DNC program are two separate statutes.  You may be exempt as a telemarketer, however, if you are selling a good or service via telephone then you should consider purchasing the DNC list to avoid violations of 501.059, F.S.

Additional Information

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