Section 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.5. Gasketed or non-gasketed.(c) For memorials or monuments.(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licensee's regular supply sources at the time of need or fulfillment.(6) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date.Fla. Admin. Code Ann. R. 69K-8.006
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 by Florida Register Volume 50, Number 015, January 23, 2024 effective 2/8/2024.New 4-10-97, Amended 7-5-01, 2-18-03, Formerly 3F-8.006, Amended 2-8-24.