Section 497.282(9), F.S., requires licensees to display and provide to all potential customers a brochure explaining how and by whom cemeteries and preneed sales are regulated, summarizing consumer rights, and providing the address and phone number ...

DEPARTMENT OF FINANCIAL SERVICES
Division of Funeral, Cemetery, and Consumer Services

RULE NO: RULE TITLE
69K-9.004: Consumer Brochure
PURPOSE AND EFFECT: Section 497.282(9), F.S., requires licensees to display and provide to all potential customers a brochure explaining how and by whom cemeteries and preneed sales are regulated, summarizing consumer rights, and providing the address and phone number of the Division of Funeral, Cemetery, and Consumer Services. The format and content of the brochure shall be prescribed by rule. Section 497.282(9), F.S., authorizes the Department to publish such brochures and to require cemetery and preneed licensees to purchase and make such brochures available in the licensee's offices to all potential customers. The proposed rule implements this statutory provision by adopting the consumer brochure as a form.
SUBJECT AREA TO BE ADDRESSED: Consumer brochure to be displayed by cemetery and preneed licensees.
SPECIFIC AUTHORITY: 497.103(5)(b), 497.167(5), 497.282(9) FS.
LAW IMPLEMENTED: 497.167(5), 497.282(9) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: Tuesday, August 7, 2007, 2:00 p.m.
PLACE: Alexander Building, 2020 Capital Circle S. E., Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Diana Evans, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Diana Evans, Executive Director, Board of Funeral, Cemetery, and Consumer Services, Alexander Building, 2020 Capital Circle S. E., Tallahassee, Florida 32399-0361, [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

69K-9.004 Consumer Brochure.

Each cemetery and preneed licensee offering to provide burial rights, merchandise, or services to the public shall display in its offices for free distribution to all potential customers, and provide to all customers before the contract is signed by the purchaser, a brochure entitled “Pre-Need Funeral & Cemetery Arrangements,” Form DFS-N1-1698, effective 10-06. This brochure is incorporated by reference in Rule 69K-1.001, F.A.C. The brochures must be obtained from the Department and cannot be printed by a licensee or a private vendor for a licensee. Brochures can be obtained, at Department cost, by written request mailed to the Department of Financial Services, Division of Funeral, Cemetery and Consumer Services, 200 East Gaines Street, Tallahassee, FL 32399-0361. Brochures will be provided in increments of 100 with a minimum order of 100 brochures.

Specific Authority 497.103(5)(b), 497.167(5), 497.282(9) FS. Law Implemented 497.167(5), 497.282(9) FS. History–New__________.