Florida telemarketing & SMS rules for insurance agents

Florida limits commercial telephone solicitation calls to 8:00 a.m.–8:00 p.m. in the called person’s time zone and to three calls on the same subject in 24 hours (§ 501.616(6)) — and licensed insurance agents are expressly not exempt from either rule. Automated or recorded unsolicited sales calls and texts need prior express written consent (§ 501.059(8)(a)), and Florida keeps its own no-sales-solicitation-calls list.

Florida regulates telephone solicitation under the Florida Telephone Solicitation Act and Florida Statutes chapter 501, part IV (Fla. Stat. §§ 501.059, 501.604, 501.605, 501.616), which layers requirements on top of the federal TCPA. Federal law is a floor, not a ceiling: where the two differ, the stricter rule governs.

Last reviewed 2026-09-14.

What time can I call in Florida?

8:00 a.m. to 8:00 p.m. in the called person’s time zone. Section 501.616(6)(a) bars "a commercial telephone solicitation phone call before 8 a.m. or after 8 p.m. local time in the called person’s time zone," including calls made through automated dialing or recorded messages. This rule sits in § 501.616, not in the Telephone Solicitation Act (§ 501.059).

What consent does Florida require before the first call or text?

Section 501.059(8)(a) requires the called party’s prior express written consent for an unsolicited telephonic sales call that uses "an automated system for the selection and dialing of telephone numbers or the playing of a recorded message." Manually dialed live calls are outside that subsection. A "signature" includes "an act that demonstrates express consent," such as checking a box (§ 501.059(1)(h)2., added in 2023).

Does Florida treat texting differently from calling?

Partly. Section 501.059(1)(j) defines a "telephonic sales call" as "a telephone call, text message, or voicemail transmission," so the consent rule and the Florida do-not-call list reach texts. Before suing over a text solicitation, the recipient must reply "STOP" and allow 15 days (§ 501.059(10)(c)). The hours window and three-call cap in § 501.616(6) refer to phone calls and do not mention texts.

Does Florida have its own do-not-call list?

Yes. The Department of Agriculture and Consumer Services keeps a Florida no-sales-solicitation-calls list, published quarterly, and the statute directs it to include the Florida listings from the national database (§ 501.059(3)(a), (3)(d), (4)). Unsolicited telephonic sales calls to numbers on the list are prohibited.

How many times can I contact the same person in Florida?

Section 501.616(6)(b) bars "more than three commercial telephone solicitation phone calls from any number to a person over a 24-hour period on the same subject matter or issue, regardless of the phone number used to make the call." Rotating caller numbers does not reset the count.

Do I need to register to solicit in Florida?

Section 501.605(1): "Before doing business in this state, a commercial telephone seller … shall obtain a license from the department." Doing business in Florida includes calls from other states to buyers in Florida. Licensed insurance producers soliciting within the scope of their license are exempt from this licence (§ 501.604(8)).

Are licensed insurance agents exempt in Florida?

Only partly. Section 501.604 exempts "any licensed insurance broker, agent, customer representative, or solicitor when soliciting within the scope of his or her license" from part IV — "except ss. 501.608 and 501.616(6) and (7)." The 8 a.m.–8 p.m. window, the three-call cap and the caller-ID rules therefore still apply to insurance agents. Section 501.604 does not exempt anyone from § 501.059 (consent, do-not-call list, private action).

What are the penalties in Florida?

A person harmed under § 501.059 may recover actual damages or $500, whichever is greater (§ 501.059(10)(a)2.). For a willful or knowing violation the court may, in its discretion, increase the award to not more than three times that amount (§ 501.059(10)(b)). Attorney fees go to the prevailing party (§ 501.059(11)(a)).

Controlling statute

Florida Telephone Solicitation Act and Florida Statutes chapter 501, part IV — Fla. Stat. §§ 501.059, 501.604, 501.605, 501.616

Other things that change the answer

The 2023 amendment (Laws of Fla. ch. 2023-150, CS/CS/HB 761) changed "selection or dialing" to "selection and dialing" and limited § 501.059(8)(a) to unsolicited calls. Under § 501.059(1)(k), a call is not "unsolicited" if made in response to the person’s express request, primarily in connection with an existing debt or contract not yet completed, to a person with a prior or existing business relationship, or by a newspaper publisher in connection with its business. Those carve-outs affect only the provisions that use the term "unsolicited telephonic sales call." Counsel should confirm how §§ 501.603(2) and (11) interact with the § 501.604 carve-back for insurance agents.

Sources

• Fla. Stat. § 501.059 — Telephone solicitationprimary source
• Fla. Stat. § 501.616 — Unlawful acts and practices (calling hours, call limit)primary source
• Fla. Stat. § 501.604 — Exemptionsprimary source
• Fla. Stat. § 501.605 — Licensure of commercial telephone sellersprimary source
• Laws of Florida ch. 2023-150 (CS/CS/HB 761)primary source
• Florida Department of Agriculture and Consumer Services — Do Not Callprimary source

How APEX enforces these rules on every send

APEX evaluates each outbound message and call before it leaves the platform. Quiet hours are applied in the contact's local time rather than the agent's, DNC scrubbing runs against federal, state, internal, and litigator lists, and every allow-or-block decision is written to an immutable audit log. See security & compliance for the full guardrail set.

Configuring a platform correctly does not by itself make a campaign lawful. You remain responsible for your consent records and your calling practices.