The Florida Senate

470.033  Sale of funeral merchandise.--If a licensee or registrant offers funeral merchandise for sale as part of his or her services to a consumer, the licensee or registrant shall be subject to disciplinary action as provided in this chapter if he or she:

(1)  When displaying any caskets, fails to display the least expensive casket offered for sale or use in adult funerals in the same general manner as the funeral service industry member's other caskets are displayed.

(2)  Makes oral, written, or visual representations, directly or indirectly, that any funeral merchandise or service is offered for sale when such is not a bona fide offer to sell said merchandise or service.

(3)  Discourages a customer's purchase of any funeral merchandise or service which is advertised or offered for sale, with the purpose of encouraging the purchase of additional or more expensive merchandise or service, by disparaging its quality or appearance, except that true factual statements concerning features, design, or construction do not constitute disparagement; by misrepresenting its availability or any delay involved in obtaining it; or by suggesting directly or by implication that a customer's concern for price or expressed interest in inexpensive funeral merchandise or services is improper, inappropriate, or indicative of diminished respect or affection for the deceased.

(4)  Fails to have the price of any casket offered for sale clearly marked on or in the casket, whether the casket is displayed at the funeral establishment or at any other location, regardless of whether the licensee or registrant is in control of such location. If a licensee uses books, catalogs, brochures, or other printed display aids, the price of each casket shall be clearly marked.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 122, ch. 93-399; s. 326, ch. 97-103.