The Florida Senate

¹470.035  Itemized price lists.--A licensee shall be subject to disciplinary action as provided in this chapter if he or she:

(1)  Fails to furnish for retention to anyone who inquires in person about the arrangement of funeral merchandise and services, before any discussion of selection, a printed or typewritten list concerning the retail prices for at least each of the following items, if regularly offered for sale:

(a)  Transfer of the body to the funeral home.

(b)  Embalming, together with the statement that embalming is not required by state law.

(c)  Use of facilities for viewing.

(d)  Use of facilities for funeral service.

(e)  Use of hearse.

(f)  Use of limousine.

(g)  Other transportation.

(h)  Casket price range with a statement that a complete price list is available.

(i)  Alternative container price range.

(j)  Outer burial container price range with a statement that a complete price list is available.

(k)  Other professional services.

(2)  Fails to include on the list provided in subsection (1) the name, address, and telephone number of the funeral establishment and the statement that the consumer may choose only the items he or she desires, that the consumer will be charged for only those items he or she selects, and that there may be extra charges for other items such as a cemetery fee and flowers.

(3)  Fails to furnish for retention to each customer making arrangements a written agreement listing at least the following categories of services and merchandise, if selected by the customer, together with the price for each item:

(a)  Embalming.

(b)  Other preparation of the body.

(c)  Use of facilities for viewing.

(d)  Use of facilities for funeral ceremony.

(e)  Services of funeral director and staff.

(f)  Casket or alternative container as selected.

(g)  Other specifically itemized charges for merchandise, services, facilities, or transportation.

(h)  Specifically itemized cash advances, to the extent then known. If estimates are given, a written statement of the actual charges must be provided before the final bill is paid; provided that the charge for the item provided in paragraph (e) is to reflect only those services actually provided. The principal services actually provided for this charge must be specified in writing.

(4)  Fails to include on the written agreement required by subsection (3) the name, address, and telephone number of the funeral home and the statement that charges are only for those items that are used and that, if the type of funeral selected requires extra items, an explanation will be given.

(5)  Fails to include immediately below the items required by subsection (3) the signatures of the customer and the funeral director and the date signed.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 122, ch. 93-399; s. 8, ch. 96-355; s. 1115, ch. 97-103; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.