Senate Bill sb1768

    Florida Senate - 2007                                  SB 1768

    By Senator Saunders





    37-1427-07

  1                      A bill to be entitled

  2         An act relating to preneed funeral contracts;

  3         amending s. 497.459, F.S.; removing a provision

  4         that allows a preneed licensee to fulfill its

  5         obligations under a preneed contract by

  6         subcontracting with a person located outside

  7         the licensee's market area or providing

  8         substitute items of equal or greater quality;

  9         providing an effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Paragraph (b) of subsection (2) of section

14  497.459, Florida Statutes, is amended to read:

15         497.459  Cancellation of, or default on, preneed

16  contracts.--

17         (2)  CANCELLATION BY PURCHASER AFTER 30 DAYS.--

18         (b)  Subject to the provisions of this paragraph

19  subparagraphs 1. and 2., a purchaser may cancel the

20  merchandise portion of a preneed contract by providing written

21  notice to the preneed licensee, and shall be entitled to a

22  full refund of the purchase price allocable to the specific

23  item or items of merchandise that the preneed licensee cannot

24  or does not deliver in accordance with this subsection.

25         1.  Such refund shall be provided only if at the time

26  that the preneed licensee is required to fulfill its

27  obligations under the preneed contract the preneed licensee

28  does not or cannot comply with the terms of the contract by

29  actually delivering the merchandise, within a reasonable time,

30  depending upon the nature of the merchandise purchased, after

31  having been requested to do so.

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    Florida Senate - 2007                                  SB 1768
    37-1427-07




 1         2.  In order to fulfill its obligations under the

 2  preneed contract, a preneed licensee may elect either or both

 3  of the following options:

 4         a.  Subcontract with a person located outside the

 5  preneed licensee's market area to provide the merchandise; or

 6         b.  Provide other items of equal or greater quality.

 7         Section 2.  This act shall take effect July 1, 2007.

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10                          SENATE SUMMARY

11    Removes a provision that allows a preneed licensee to
      fulfill its obligations under a preneed funeral contract
12    by subcontracting with a person located outside the
      licensee's market area or providing substitute items of
13    equal or greater quality.

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CODING: Words stricken are deletions; words underlined are additions.