(1) Preneed contract forms and related forms shall be filed with and approved by the licensing authority before use, pursuant to procedures specified by rule. The licensing authority may not approve any electronic or paper preneed contract that does not provide for sequential prenumbering thereon.
(2) A form filed for approval under this section shall be approved unless it is determined that it:
(a) Is in any respect in violation of, or does not comply with, this chapter.
(b) Contains, or incorporates by reference any inconsistent, ambiguous, or misleading clauses, or exceptions and conditions which deceptively affect the benefits purportedly provided to the customer in the general terms of the contract.
(c) Has any title, heading, or other indication of its contents which is misleading.
(d) Is printed or otherwise reproduced in such manner as to render any material provision substantially illegible, or contains variations in print size which de-emphasize provisions which limit or restrict the customer’s rights under the contract.
(e) Contains provisions that are unfair or inequitable or contrary to the public policy of this state or that encourage misrepresentation.
(f) Does not provide for the specification in reasonable detail of the type, size, and design of merchandise and the description of service to be delivered or performed.
History.—ss. 5, 32, ch. 83-316; s. 5, ch. 88-139; ss. 94, 122, ch. 93-399; s. 103, ch. 2004-301; s. 19, ch. 2016-172.
Note.—Former s. 639.105; s. 497.409.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 497 - Funeral, Cemetery, and Consumer Services
Part IV - Preneed Sales (Ss. 497.450-497.468)
497.450 - Preneed sales; chapter exclusive; applicability of other laws.
497.451 - Insurance business not authorized.
497.452 - Preneed license required.
497.453 - Application for preneed license, procedures and criteria; renewal; reports.
497.454 - Approval of preneed contract and related forms.
497.455 - Nonconforming contracts.
497.4555 - Charges for preneed contract.
497.456 - Preneed Funeral Contract Consumer Protection Trust Fund.
497.457 - Ownership of proceeds received on contracts.
497.458 - Disposition of proceeds received on contracts.
497.459 - Cancellation of, or default on, preneed contracts; required notice.
497.460 - Payment of funds upon death of named beneficiary.
497.462 - Other alternatives to deposits under s. 497.458.
497.463 - Existing merchandise trust funds; proof of compliance with law.
497.464 - Alternative preneed contracts.
497.465 - Inactive, surrendered, and revoked preneed licensees.