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Florida

Telecom Compliance Reference — Updated July 2021

Mini-TCPA State — High Risk

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$500

Registration

Required

Overview Calling Hours Consent Registration DNC Enforcement Case Law Legislation

REI Wholesaling Telemarketing Compliance in Florida

Real estate investor cold calling and SMS compliance in Florida

Guide last reviewed: January 2025

⚠

Mini-TCPA State — Fla. Stat. § 501.059

Florida imposes stricter consent and calling requirements than federal TCPA.REI Wholesaling companies operating here face $500 per-violation penalties.

Florida REI Wholesaling Overview

Florida is the most litigated state for REI cold calling and automated outreach. The $500-per-violation private right of action and class action certification make one unauthorized SMS blast to a FL lead list a seven-figure exposure event. The practical compliance path for REI wholesalers in Florida: (1) Manual dialing cold prospects — still legal without prior consent, just scrub DNC lists; (2) Inbound lead generation with explicit written consent before automated follow-up; (3) Direct mail campaigns driving inbound calls. Automated outbound without consent is not viable in FL — the litigation risk is too high.

Penalty/Violation

$500

Willful

$1,500

Calling Hours

8:00 AM–9:00 PM

Private Suit

Allowed

Compliance Checklist

✓Register with FDACS as a telemarketing company ($500 application fee + $50,000 surety bond) BEFORE making any outbound calls,Register each individual phone solicitor with FDACS ($300/each, annual),Obtain prior express WRITTEN consent before any automated dialing, texting, or AI voice outreach,Consent must specifically name your company and identify the type of contact (calls, texts, or both),No checkbox buried in terms — standalone, specific consent language required (Braver standard),Scrub against Florida DNC list AND federal National DNC Registry before every campaign,Manual (human) dialing to non-DNC numbers is permitted without prior written consent — this is your viable cold calling method in FL,Never use predictive dialers, power dialers, or auto-send CRM features on FL contacts without written consent,Never use any automated text platform on FL contacts without written consent,Honor opt-out requests immediately — no 30-day grace period under FTSA,Maintain written consent records for minimum 5 years,One-to-one consent required under FCC January 2025 rule — purchased lead lists with bundled consent are unusable,EBR exemption (18 months from last transaction) provides limited relief for manual calls to past sellers but does NOT authorize automated contact,Calling FSBOs from MLS does NOT establish an EBR or trigger any exemption,Calling hours: 8:00 AM to 9:00 PM local time (same as federal — FL is not stricter on hours)

What Gets Companies Sued

✗Top FTSA violations for REI wholesalers: (1) Using CRM auto-send or ringless voicemail platforms to text/call FL leads without written consent; (2) Assuming verbal opt-in from a web lead form equals written consent (it does not); (3) Not registering with FDACS because "we only make outreach calls, not sales calls" (the statute covers all telephone solicitation, not just closes); (4) Calling DNC-registered numbers after a seller has requested no further contact; (5) Buying lead lists where consent was obtained for a different company and using them for automated outreach.

Special Exemptions

Real estate licensees calling persons with active listing agreements or signed buyer representation agreements may qualify for a narrow EBR exemption from registration requirements only. This does NOT extend to cold calling property owners without prior relationship. Manual dialing to non-DNC numbers remains viable for cold outreach. FSBOs from public listings do not trigger any exemption. Past sellers with transactions within 18 months = EBR for manual calls only.

Key State Rules

Mini-TCPAYes

RegistrationRequired

Class ActionsAllowed

Consent Requirements→Registration Details→DNC List→

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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →