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

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 which explains how and by whom cemeteries and preneed sales are regulated, summarizes consumer rights, and provides 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.
SUMMARY: The proposed rule implements Section 497.282(9), F.S., by requiring all cemetery and preneed licensees to display and provide to all potential customers a consumer brochure.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 497.103(5)(b), 497.167(5), 497.282(9) FS.
LAW IMPLEMENTED: 497.167(5), 497.282(9) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Monday, February 11, 2008, 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 Marr [phone] or [e-mail]. 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 IS: Diana Marr, Director, Division of Funeral, Cemetery, and Consumer Services, Alexander Building, 2020 Capital Circle S.E., Tallahassee, Florida 32399-0361 [phone]

THE FULL TEXT OF THE PROPOSED RULE 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. The brochures shall be purchased from the Department and cannot be printed by a licensee or a private vendor for a licensee. Brochures shall be purchased, at Department cost, by submitting the “Brochure Purchase Order,” Form DFS-N1-1729, effective 10/06, or by submitting a written request to the Department of Financial Services, Division of Funeral, Cemetery and Consumer Services, 200 East Gaines Street, Tallahassee, FL 32399-0361. Brochures shall be sold in increments of 100 with a minimum order of 100 brochures. Both forms are incorporated by reference in Rule 69K-1.001, F.A.C.

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

NAME OF PERSON ORIGINATING PROPOSED RULE: Diana Marr, Director, Division of Funeral, Cemetery, and Consumer Services
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Karen Chandler, Deputy Chief Financial Officer
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 7, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 20, 2007