Florida Telemarketing and Cold Calling Laws
In Florida, sales calls are allowed 8 a.m.–8 p.m., the state enforces a do-not-call list, and recording a call needs every party’s consent.
Florida rules next to federal law
| Rule | Florida | Federal baseline |
|---|---|---|
| Calling hours | Commercial telephone solicitation calls (including autodialed or prerecorded calls) may not be made before 8 a.m. or after 8 p.m. in the called person's local time zone. No separate Sunday or holiday ban.Fla. Stat. § 501.616(6)(a) | Telephone solicitations only between 8 a.m. and 9 p.m. in the called person’s local time.47 C.F.R. § 64.1200(c)(1) |
| Call frequency | No more than three commercial telephone solicitation calls to the same person in a 24-hour period on the same subject matter or issue, regardless of the phone number used.Fla. Stat. § 501.616(6)(b) | No general federal equivalent |
| State do-not-call list | Florida runs its own "no sales solicitation calls" list through the Department of Agriculture and Consumer Services (free for residents); telephone solicitors may not make unsolicited telephonic sales calls to residential, mobile, or paging numbers on the current quarterly list. Sellers must also honor anyone (consumer or business) who has told them not to call.Fla. Stat. § 501.059(3)-(5) | No telephone solicitations to residential or wireless numbers on the National Do Not Call Registry, subject to the rule’s exemptions such as an established business relationship.47 C.F.R. § 64.1200(c)(2) |
| Autodialer and consent | Unsolicited telephonic sales calls (including texts and voicemail drops) that use an automated system for the selection and dialing of numbers, or play a recorded message, require the called party's prior express written consent. Before suing over texts, the recipient must reply STOP and the sender gets 15 days to stop.Fla. Stat. § 501.059(8)(a), (10)(c) | Autodialed or prerecorded telemarketing calls to wireless numbers need the called person’s prior express written consent.47 C.F.R. § 64.1200(a)(2) |
| Caller ID | Telephone solicitors must transmit the originating number (and name, where the carrier allows) or the seller's name and a customer-service number answered during business hours that connects back to the seller. Deliberately displaying a different number to hide the caller's identity is a second-degree misdemeanor.Fla. Stat. §§ 501.059(8)(b), 501.616(7) | Telemarketers must transmit caller ID with a number that can be called back during business hours.47 C.F.R. § 64.1601(e) |
| Telemarketer registration | Commercial telephone sellers must obtain a license from the Department of Agriculture and Consumer Services before soliciting Florida purchasers ($1,500 fee plus a bond or letter of credit), unless an exemption in § 501.604 applies.Fla. Stat. §§ 501.605, 501.604 | No general federal equivalent |
| Call recording consent | Recording a phone call requires the prior consent of all parties to the communication.Fla. Stat. § 934.03(2)(d) | Federal law allows recording when one party to the call consents.18 U.S.C. § 2511(2)(d) |
| Business-to-business calls | The FTSA and Telemarketing Act cover calls about consumer goods or services (normally used for personal, family, or household purposes), and the state DNC list covers residential, mobile, and paging numbers, so calls selling business products to businesses generally fall outside them; a business that asks a seller not to call must still be honored. The licensing exemption for business-to-business sales is narrow: the seller has operated 3+ years under the same name with at least 50% repeat sales to existing businesses, or the buyer will resell/use the goods as promotional items or in manufacturing or recycling.Fla. Stat. §§ 501.059(1)(c), (1)(j), (5); 501.603(3); 501.604(10) | No general federal equivalent |
Recent changes
- 2021 (ch. 2021-185, SB 1120): FTSA extended to texts and voicemail, prior express written consent required for automated calls, private right of action ($500 per violation, up to triple if willful), and 8 a.m.-8 p.m. hours plus the 3-calls-per-24-hours cap added to § 501.616(6).
- 2023 (ch. 2023-150, HB 761, effective May 2023): autodialer test narrowed to systems that automate both 'selection and dialing'; only unsolicited calls covered; text recipients must reply STOP and allow a 15-day cure period before suing.
Calling Florida from a sales team
- Schedule call blocks in the prospect’s local time, not the rep’s.
- Check numbers against the National Do Not Call Registry and the Florida list before each campaign, and honor opt-outs right away.
- Tell everyone on the call that it is recorded before recording starts.
Trellus dials from the CRM list your reps already work, with each call logged back to the record. See the power and parallel dialer.
Florida calling questions
What are the legal calling hours in Florida?
Commercial telephone solicitation calls (including autodialed or prerecorded calls) may not be made before 8 a.m. or after 8 p.m. in the called person's local time zone. No separate Sunday or holiday ban. (Fla. Stat. § 501.616(6)(a)). Federal law also limits telephone solicitations to 8 a.m. to 9 p.m. local time.
Does Florida have its own do-not-call list?
Florida runs its own "no sales solicitation calls" list through the Department of Agriculture and Consumer Services (free for residents); telephone solicitors may not make unsolicited telephonic sales calls to residential, mobile, or paging numbers on the current quarterly list. Sellers must also honor anyone (consumer or business) who has told them not to call. (Fla. Stat. § 501.059(3)-(5))
Is Florida a one-party or all-party consent state for recording calls?
Recording a phone call requires the prior consent of all parties to the communication. (Fla. Stat. § 934.03(2)(d))
Do Florida telemarketing rules apply to business-to-business calls?
The FTSA and Telemarketing Act cover calls about consumer goods or services (normally used for personal, family, or household purposes), and the state DNC list covers residential, mobile, and paging numbers, so calls selling business products to businesses generally fall outside them; a business that asks a seller not to call must still be honored. The licensing exemption for business-to-business sales is narrow: the seller has operated 3+ years under the same name with at least 50% repeat sales to existing businesses, or the buyer will resell/use the goods as promotional items or in manufacturing or recycling. (Fla. Stat. §§ 501.059(1)(c), (1)(j), (5); 501.603(3); 501.604(10))
Do telemarketers need to register in Florida?
Commercial telephone sellers must obtain a license from the Department of Agriculture and Consumer Services before soliciting Florida purchasers ($1,500 fee plus a bond or letter of credit), unless an exemption in § 501.604 applies. (Fla. Stat. §§ 501.605, 501.604)
This page summarizes Florida and federal rules for general information. It is not legal advice, rules change, and exemptions depend on the facts of your calls. Read the cited sources or ask counsel before relying on it.