Fla. Admin. Code Ann. R. 69K-8.006 - Description of Merchandise on Preneed Contracts
(1) Preneed contracts shall contain a
description of merchandise purchased with sufficient information to describe
the merchandise to the purchaser or any other person. The description of
merchandise can be included on an addendum form to the contract, provided the
addendum form is approved by the Board of Funeral, Cemetery, and Consumer
Services. The approval of the Board shall be conditioned upon the addendum form
containing the applicable information required by subsections (2)-(5), and
being presented in a clear and readable form.
(2) If the product is sold to the purchaser
generically, then a general description shall be sufficient, providing the
following information is included:
(a) For
all types of merchandise.
Materials used in construction: type of wood, gauge of steel, marble, concrete, granite, bronze, fiberglass, plastic, etc.
(b) For caskets.
1. Types of handles: swing bar, fixed bar or
no handles.
2. Color: exterior and
interior.
3. Interior
material.
4. Full or half
couch.
5. Gasketed or
non-gasketed.
(c) For
memorials or monuments.
1. Size.
2. Design.
(d) For outer burial containers.
1. Lined (including types of
lining).
2. Adhesive lid/non
adhesive lid.
(3) If the sales presentation uses the
manufacturer's name and specifications, then the name of manufacturer and model
number shall be included on the contract in addition to color, materials and
design.
(4) If at the time of need
or fulfillment, the product which was sold is unavailable, the preneed licensee
shall deliver a product which is of comparable or better quality and
design.
(5) For the purposes of
this rule, merchandise shall be considered available for delivery if the
merchandise can be attained from a licensee's regular supply sources at the
time of need or fulfillment.
(6)
This rule shall be reviewed, and if necessary, repealed, modified, or renewed
through the rulemaking process five years from the effective
date.
Notes
Rulemaking Authority 497.103(1) FS. Law Implemented 497.282(6)(c) FS.
New 4-10-97, Amended 7-5-01, 2-18-03, Formerly 3F-8.006, Amended 2-8-24.
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