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The Florida Senate

2003 Florida Statutes

Section 497.333, Florida Statutes 2003

497.333  Disclosure of information to public.--A licensee offering to provide burial rights, merchandise, or services to the public shall:

(1)  Provide by telephone, upon request, accurate information regarding the retail prices of burial merchandise and services offered for sale by the licensee.

(2)  Fully disclose all regularly offered services and merchandise prior to the selection of burial services or merchandise. The full disclosure required shall identify the prices of all burial rights, services, and merchandise provided by the licensee.

(3)  Not make any false or misleading statements of the legal requirement as to the necessity of a casket or outer burial container.

(4)  Provide a good faith estimate of all fees and costs the customer will incur to use any burial rights, merchandise, or services purchased.

(5)  Provide to the customer, upon request, a current copy of the bylaws of the licensee.

(6)  Provide to the customer, upon the purchase of any burial right, merchandise, or service, a written contract, the form of which has been approved by the board.

(a)  The written contract shall be completed as to all essential provisions prior to the signing of the contract by the customer.

(b)  The written contract shall provide an itemization of the amounts charged for all services, merchandise, and fees, which itemization shall be clearly and conspicuously segregated from everything else on the written contract.

(c)  A description of the merchandise covered by the contract to include, when applicable, model, manufacturer, and other relevant specifications.

(7)  Provide the licensee's policy on cancellation and refunds to each customer.

(8)  In a manner established by rule of the board, provide on the signature page, clearly and conspicuously in boldfaced 10-point type or larger, the following:

(a)  The words "purchase price."

(b)  The amount to be trusted.

(c)  The amount to be refunded upon contract cancellation.

(d)  The amounts allocated to merchandise, services, and cash advances.

(e)  The toll-free number of the department which is available for questions or complaints.

(f)  A statement that the purchaser shall have 30 days from the date of execution of contract to cancel the contract and receive a total refund of all moneys paid.

History.--s. 37, ch. 80-238; s. 2, ch. 81-318; s. 1, ch. 89-8; ss. 75, 122, ch. 93-399; s. 16, ch. 96-400.

Note.--Former s. 559.407; s. 497.046.