Section 69O-193.038 - Form and Content of Advertisements(1)(a) Advertising must be truthful and not misleading in fact or implication.(b) Words or phrases shall be clear and understandable without reliance upon technical terminology.(2) Testimonials or Endorsements by Third Parties.(a) If the person making a testimonial, endorsement, or appraisal has a financial interest in the continuing care retirement community or in a related entity as a stockholder, director, officer, employee, compensated party, board member or otherwise, that fact shall be disclosed in the advertisement.(b)1. An advertisement shall not state or imply that a continuing care retirement community or a contract has been approved, sponsored, or endorsed by an individual, group of individuals, society, association or other organization or governmental agency, unless:a. The continuing care retirement community has been so approved or endorsed; and,b. Any proprietary relationship between an organization and the continuing care retirement community is disclosed.2. Any entity which makes an endorsement, claim of sponsorship, or testimonial and which is formed, owned or controlled by the continuing care retirement community or persons who own or control the continuing care retirement community, shall disclose the ownership or controlling interest within the advertisement.(3) Use of Statistics. (a)1. Any advertisement concerning statistical information relating to any continuing care retirement community or contract must accurately reflect all relevant facts.2. An advertisement shall not imply that statistics are derived from the contract advertised unless that is the fact.3. If the statistics are applicable to other contracts the advertisement shall specifically so state.(b) An advertisement shall not represent or imply that refunds or coverages by the continuing care retirement community are more liberal or generous or will be more favorable than the actual terms of the contract.(c) The source of any statistics used in an advertisement shall be identified in the advertisement.(4) Disparaging Comparisons and Statements. (a) Advertising shall not directly or indirectly make false comparisons of contracts or benefits of other continuing care retirement communities or insurers;(b) An advertisement shall not directly or indirectly create the impression that any division or agency of the State of Florida or of the United States Government has endorsed: 1. The continuing care retirement community;2. The financial condition or status of the facility;3. The merits, desirability, or advisability of the facility's contract forms; or4. The facility's coverage plans.(5) Prohibited acts. No advertisement shall use any combination of words, symbols, or physical materials which:(a) In their content, phraseology, shape, color, or other characteristics are similar to materials used by agencies of the federal government or of this state; or(b) Would tend to confuse or mislead prospective subscribers into believing that the solicitation is in some manner connected with an agency of the municipal, state, or federal government.(6) Statements About a Continuing Care Retirement Community. (a) An advertisement shall not contain statements which are untrue or misleading with respect to the assets, corporate structure, financial standing, age, or relative position of the continuing care retirement community.(b)1. An advertisement shall not refer to a sponsor, holding company, or subsidiary of a continuing care retirement community unless it fully discloses that it is a separate entity and is not responsible for the financial condition or contractual obligations of the continuing care retirement community.2. If the sponsor, holding company or subsidiary of the continuing care retirement community is a qualified, approved guaranteeing organization for the continuing care retirement community, this fact may be stated.(7) Exceptions, Reductions and Limitations. When an advertisement states a dollar amount, a period of time for any benefit, or the conditions for which the benefit is covered, the advertisement shall also state the existence of exceptions, reductions, and limitations affecting the basic provisions of the contract, without which reference, the advertisement might tend to mislead or deceive.(8) Deceptive Words, Phrases or Illustrations Prohibited.(a) Words, phrases, or illustrations shall not be used in a manner which misleads or tends to deceive or mislead.(b) No advertising shall give false information concerning any contract benefits, or contain untrue, deceptive, or misleading words, phrases, statements, references, or illustrations.Fla. Admin. Code Ann. R. 69O-193.038
Rulemaking Authority 651.015(3) FS. Law Implemented 651.095 FS.
New 7-16-92, Formerly 4-193.038.New 7-16-92, Formerly 4-193.038.