The Florida Senate

651.095  Advertisements; requirements; penalties.--

(1)  Upon application for a provisional certificate of authority, the department shall require the applicant to submit for approval all advertising. Approval of the application constitutes approval of the advertising, unless the department has otherwise notified the applicant. The department shall disapprove any document which is a violation of any provision of ¹part X of chapter 626.

(2)  After an application has been approved, a provider is not required to submit new advertising to the department for approval; however, a provider may not use, and may not have published, and a person may not use or may not have published, any advertisement which is a violation of any provision of ¹part X of chapter 626 or which has previously been disapproved by the department.

(3)  This chapter does not impose liability, civil or criminal, upon a person or publisher who is regularly engaged in the business of publishing a bona fide newspaper or operating a radio or television station and who, acting solely in her or his official capacity, publishes an advertisement in good faith and without knowledge that the advertisement or publication constitutes a violation of this chapter.

(4)  It is unlawful for any person, other than a provider licensed pursuant to this chapter, to advertise or market to the general public any product similar to continuing care through the use of such terms as "life care," "continuing care," or "guaranteed care for life," or similar terms, words, or phrases.

(5)  The provisions of this section shall control over any conflicting provisions contained in part II or part III of chapter 400.

History.--s. 1, ch. 77-323; s. 253, ch. 79-400; ss. 13, 25, ch. 81-292; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 16, 31, 33, 35, ch. 83-328; s. 6, ch. 86-209; s. 56, ch. 87-226; s. 6, ch. 89-363; s. 5, ch. 92-56; s. 12, ch. 93-22; s. 514, ch. 97-102; s. 16, ch. 97-229.

¹Note.--Redesignated as part IX of ch. 626 to conform to the transfer of ss. 626.941-626.945, comprising former part IX, by ch. 98-89.