What are Florida's telemarketing rules?
| Rule | What Florida law says | Source |
|---|---|---|
| Calling hours | No commercial telephone solicitation call before 8 a.m. or after 8 p.m. in the called person's time zone. | § 501.616(6)(a) |
| Call frequency | No more than three calls from any number to a person in 24 hours on the same subject, whatever number is used. | § 501.616(6)(b) |
| Automated or recorded calls | An unsolicited sales call that uses an automated system for selecting and dialing numbers, or plays a recorded message, needs the called party's prior express written consent. Checking a box counts as a signature. | § 501.059(1)(g)-(h), (8)(a) |
| State do-not-call list | Florida keeps its own list, sold quarterly to telephone solicitors by the Department of Agriculture and Consumer Services. Unsolicited sales calls to numbers on the current quarterly list are barred. | § 501.059(3)-(4); FDACS |
| Identification | The caller must give their true first and last name and the business they call for, right away. The caller ID number must accept a callback. | § 501.059(2), (8)(b) |
| License and bond | Commercial telephone sellers need a state license and a bond; licensed insurance agents soliciting within their license are exempt. | § 501.605; § 501.604(8) |
| Lawsuits | A called person can sue for actual damages or $500 per violation, whichever is greater, tripled if willful or knowing. For texts, the person must first reply STOP and can sue only if texts continue after 15 days. | § 501.059(10) |
Federal rules apply on top of these: the TCPA, the FCC's rules in 47 CFR § 64.1200 and the FTC's Telemarketing Sales Rule. See Can AI call life insurance leads?
Do Florida's rules apply to licensed insurance agents?
Partly. Florida's Telemarketing Act exempts a licensed insurance agent “when soliciting within the scope of his or her license” (§ 501.604(8)), so agents don't need the telemarketing license or bond. But the exemption opens with “except ss. 501.608 and 501.616(6) and (7),” so the 8 a.m. to 8 p.m. window and the three-calls-in-24-hours limit still apply to agents.
The FTSA itself (§ 501.059) is a separate law, and we found no insurance exemption in it. Its consent rule covers “unsolicited” calls; a call made at the person's express request, or to someone with a prior or existing business relationship, is not unsolicited under § 501.059(1)(k).
Can an AI voice call leads in Florida?
Only with the lead's prior express written consent, when the call is an unsolicited sales call made with an automated dialing system or a recorded message (§ 501.059(8)(a)). The FTSA does not mention AI by name. Federal law already requires prior express written consent for an artificial-voice telemarketing call (FCC 24-17), so a Florida list that is ready for AI voice under the TCPA should already have it. Check that the consent names your agency.
Florida also bans intentionally altering a caller's voice to disguise the caller's identity in order to defraud, confuse or injure the person called (§ 501.059(8)(c)).
How do Polca's calling limits compare with Florida's rules?
On every call, AI and human, Polca calls only between 9 a.m. and 7 p.m. in the lead's local time (checked against the lead's state and area code), never dials on Sundays, checks the agency's opt-out list at dial time, adds opt-outs it detects on calls, caps attempts per lead, and gives the agency a kill switch. Agencies can tighten these limits (narrower hours, lower caps) but cannot loosen them.
- Hours: Polca's 9 a.m. to 7 p.m. window sits inside Florida's 8 a.m. to 8 p.m.
- Three calls in 24 hours: Polca caps attempts per lead, and you can lower the cap. Count every call your agency makes to the lead on the same subject, including calls from other systems, and keep the total at three or fewer in 24 hours.
- Florida's do-not-call list: not scrubbed by Polca. Buy it from FDACS and suppress it.
- Identification: make sure calls give the agency's name and a number that takes callbacks.
These limits do not cover every state rule. Polca's Calling & AI Voice policy says state holiday or emergency restrictions and state rules stricter than these limits are the agency's responsibility. Polca does not scrub lists against the National Do Not Call Registry or any state list, and its own registrations do not cover the agency. Your agency has to check the rules of every state it calls.
What should an agency calling Florida leads do?
- Buy the Florida do-not-call list each quarter and suppress it along with the national registry.
- Keep each lead's consent record: the language shown, the time and the source.
- Hold Florida leads to three calls in 24 hours on the same subject, across every dialer you use.
- Call between 8 a.m. and 8 p.m. local time at most.
- Treat STOP replies to texts as final; Florida gives a 15-day window before a texting suit.
This page is general information from Polca (polca.ai), not legal advice. Read the linked statute and talk to your own counsel before you rely on it.
Common questions
What are the calling hours in Florida for insurance agents?
8 a.m. to 8 p.m. in the called person's time zone, under Fla. Stat. § 501.616(6)(a). Licensed insurance agents are not exempt from this part.
Are insurance agents exempt from the Florida Telephone Solicitation Act?
Not that we found. Licensed agents are exempt from Florida's telemarketing license (§ 501.604(8)), but § 501.059, the FTSA, has no insurance exemption, and the hours and three-call limits in § 501.616(6) still apply.
How many times can you call a lead in Florida?
No more than three times in 24 hours on the same subject, from any number (§ 501.616(6)(b)).
Sources
- Fla. Stat. § 501.059 (Florida Telephone Solicitation Act)
- Fla. Stat. § 501.604 (Florida Telemarketing Act exemptions)
- Fla. Stat. § 501.605 (telemarketing license)
- Fla. Stat. § 501.616 (calling hours and call limits)
- Florida Department of Agriculture and Consumer Services: Florida Do Not Call
- FCC Declaratory Ruling FCC 24-17 (AI-generated voices are “artificial” voices under the TCPA), released Feb. 8, 2024
- 47 CFR § 64.1200 (FCC telemarketing and robocall rules)
- Polca Calling & Recording Policy
This page is general information, not legal advice. Laws and rules change; check the sources and talk to your own counsel.
Calling limits that can't be loosened.
Polca calls 9 a.m. to 7 p.m. in the lead's local time, never on Sundays, with opt-outs, attempt caps and a kill switch on every call. Your agency checks the state rules on top.
Book a call → Hear Ava call you