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The Florida Senate

2007 Florida Statutes

Section 497.454, Florida Statutes 2007

497.454  Approval of preneed contract and related forms.--

(1)  Preneed contract forms and related forms shall be filed with and approved by the licensing authority prior to use, pursuant to procedures specified by rule. The licensing authority may not approve any preneed contract form that does not provide for sequential prenumbering thereon.

(2)  A form filed for approval under this section shall be approved unless it is determined that it:

(a)  Is in any respect in violation of, or does not comply with, this chapter.

(b)  Contains, or incorporates by reference any inconsistent, ambiguous, or misleading clauses, or exceptions and conditions which deceptively affect the benefits purportedly provided to the customer in the general terms of the contract.

(c)  Has any title, heading, or other indication of its contents which is misleading.

(d)  Is printed or otherwise reproduced in such manner as to render any material provision substantially illegible, or contains variations in print size which de-emphasize provisions which limit or restrict the customer's rights under the contract.

(e)  Contains provisions that are unfair or inequitable or contrary to the public policy of this state or that encourage misrepresentation.

(f)  Does not provide for the specification in reasonable detail of the type, size, and design of merchandise and the description of service to be delivered or performed.

(3)  Specific disclosure regarding the preneed licensee's ability to select either trust funding or the financial responsibility alternative as set forth in s. 497.461 in connection with the receipt of preneed contract proceeds is required in the preneed contract.

History.--ss. 5, 32, ch. 83-316; s. 5, ch. 88-139; ss. 94, 122, ch. 93-399; s. 103, ch. 2004-301.

Note.--Former s. 639.105; s. 497.409.