(1) The licensing authority shall regulate such solicitation to protect the public from solicitation which is intimidating, overreaching, fraudulent, or misleading; which utilizes undue influence; or which takes undue advantage of a person’s ignorance or emotional vulnerability.
(2) The licensing authority shall regulate such solicitation which comprises an uninvited invasion of personal privacy. It is the express finding of the Legislature that the public has a high expectation of privacy in one’s personal residence, and the licensing authority may restrict the hours or otherwise regulate such solicitation in the personal residence of a person unless the solicitation has been previously and expressly requested by the person solicited.
(3) Nothing in this chapter may be construed to restrict the right of a person to lawfully advertise, direct mail, or otherwise communicate in a manner not within the definition of solicitation or to solicit the business of anyone responding to such communication or otherwise initiating discussion of the goods or services being offered.
(4) At-need solicitation of funeral merchandise or services is prohibited. A funeral director or direct disposer or her or his agent or representative may not contact the legally authorized person or family to sell services or merchandise unless the funeral director or direct disposer or her or his agent or representative has been initially called or contacted by the legally authorized person or family and requested to provide her or his services or merchandise.
History.—ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 2, ch. 85-16; s. 1, ch. 89-8; ss. 26, 122, ch. 93-399; s. 322, ch. 97-103; s. 86, ch. 2004-301; s. 76, ch. 2013-18; s. 17, ch. 2016-172.
Note.—Former s. 470.026.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 497 - Funeral, Cemetery, and Consumer Services
Part III - Funeral Directing, Embalming, and Related Services (Ss. 497.365-497.393)
497.365 - Licensure; inactive and delinquent status.
497.366 - Licensure; renewal and cancellation notices.
497.368 - Embalmers; licensure as an embalmer by examination; provisional license.
497.369 - Embalmers; licensure as an embalmer by endorsement; licensure of a temporary embalmer.
497.370 - Embalmers; licensure of an embalmer intern.
497.371 - Embalmers; establishment of embalmer apprentice program.
497.372 - Funeral directing; conduct constituting practice of funeral directing.
497.373 - Funeral directing; licensure as a funeral director by examination; provisional license.
497.375 - Funeral directing; licensure of a funeral director intern.
497.376 - License as funeral director and embalmer permitted.
497.377 - Combination funeral director and embalmer internships.
497.378 - Renewal of funeral director and embalmer licenses.
497.380 - Funeral establishment; licensure; display of license.
497.381 - Solicitation of goods or services.
497.382 - Reports of cases embalmed and bodies handled.
497.383 - Additional rights of legally authorized persons.
497.384 - Disinterment; transportation; authorization and notification.
497.385 - Removal services; refrigeration facilities; centralized embalming facilities.
497.386 - Storage, preservation, and transportation of human remains.
497.389 - Funeral establishments; cash advance accounts; escrow refund accounts.
497.393 - Licensure; military-issued credentials for licensure.