69K-12.005. Requirements for Monument Establishment Retail Sales Agreements

(1) A written retail sales agreement shall be executed between the monument establishment and the purchaser. Each written agreement shall be sequentially numbered and be entered into a sales journal by date of sale by the monument establishment. The provisions of the agreement shall be in at least 10 point type and shall be presented in a clear and legible format.

(2) Any additional purchases or changes made by the purchaser more than 30 days after the original sale date must be shown on a separate agreement. Any changes made by the purchaser within 30 days of the original sales date shall be made on the original agreement and shall be initialed and dated by the purchaser.

(3) The purchaser shall be provided with a copy of the executed agreement at the time of purchase and whenever any changes are made to the agreement.

(4) The agreement form must comply with all disclosure requirements of sections 497.152 and 497.553, F.S.

(5) Each retail sales agreement shall contain a complete description of the monument, marker, or related product to be delivered and installed together with the price(s) for each item(s) or service(s) purchased and any fees that will be charged. The agreed date for delivery and installation shall be clearly and prominently specified in each retail sales agreement.

(6) The description of the merchandise or drawings shall be included on the agreement or an addendum, provided the form has been approved by the Board of Funeral, Cemetery, and Consumer Services. The approval of the Board shall be conditioned upon the form containing the applicable information required by this rule.

(a) Name, address, and telephone number of monument establishment;

(b) Name, address, and telephone number of purchaser and interment right owner (if different from purchaser);

(c) Date of purchase;

(d) Latest date by which delivery and installation will be made;

(e) Name and address of cemetery or memorial for delivery and installation;

(f) Lot, block, or section number of grave (if to be delivered to a cemetery) or memorial location;

(g) Terms of sale, including purchase price and payment schedule;

(h) Sales tax, down payment, and balance due;

(i) Signature of purchaser;

(j) Signature of monument establishment representative.

(7) If a custom designed product is sold to the purchaser, a general description of the product shall be sufficient, providing that the following information is also included in the agreement:

(a) For memorials or monuments:

1. Type (upright, slant, plaque, marker, ledger, etc.);

2. Material (marble, granite, bronze, etc.);

3. Size (dimension);

4. Foundation (material and dimension);

5. Color (finish);

6. Design (lettering, drawing, carving, decoration, emblems, etc.).

(b) For all related merchandise and products such as:

1. Urns and cremation vaults (type, dimensions, finish and location);

2. Posts/Corners (color, dimension and finish);

3. Coping (color, dimension and finish);

4. Portrait (image, dimension, finish and location);

5. Vase (type, dimension, finish and location);

6. Chips (marble, granite, etc. and amount);

7. All others (list accessories, dimension, finish and location).

(8) If the sales presentation uses the manufacturer’s name and specifications, then the name of the manufacturer and model number shall be included on the agreement in addition to color, materials, and design.

(9) The agreement shall disclose the latest date the memorial or monument will be installed and that the memorial or marker meets all of the cemetery’s rules and regulations as of the date of the contract.

(10) The agreement shall disclose in bold print whether a restocking fee will be charged and the amount of the fee if the purchaser cancels the contract prior to delivery for any reason other than the monument establishment’s failure to deliver. A restocking fee cannot be charged for the monument establishment’s failure to timely deliver.

(11) The agreement shall disclose whether a setting fee will be charged and the amount of the fee.

(12) The agreement shall disclose whether a transportation fee will be charged for the delivery and/or installation of the merchandise and the amount of the fee.

(13) The agreement shall disclose that there will be a separate fee charged for any future inscriptions or engravings.

(14) The agreement shall disclose any other charges or fees, which shall be itemized and detailed.

Rulemaking Authority 497.103(1)(u), (5)(a), 497.553(2) FS. Law Implemented 497.103(1)(u), 497.152(11), (12), 497.553 FS. History–New 11-26-06.