Florida Statutes Part IV - Preneed Sales (Ss. 497.450-497.468)

• 497.450 - Preneed Sales; Chapter Exclusive; Applicability Of Other Laws.
  Except as provided in this chapter, preneed funeral merchandise or service contract businesses and preneed burial merchandise or service contract businesses shall be governed by...
• 497.451 - Insurance Business Not Authorized.
  Nothing in the Florida Insurance Code or this chapter shall be deemed to authorize any preneed funeral merchandise or service contract business or any preneed...
• 497.452 - Preneed License Required.
  (1)(a) No person, including any cemetery exempt under s. 497.260, may sell, advertise to sell, or make an arrangement for a preneed contract without first having...
• 497.453 - Application For Preneed License, Procedures And Criteria; Renewal; Reports.
  (1) PRENEED LICENSE APPLICATION PROCEDURES.—(a) A person seeking a license to enter into preneed contracts shall apply for such licensure using forms prescribed by rule.(b) The application shall...
• 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....
• 497.455 - Nonconforming Contracts.
  Any preneed contract that requires the moneys paid to the seller or trustee to be placed in trust and fails to comply with s. 497.458...
• 497.4555 - Charges For Preneed Contract.
  A preneed licensee may charge the purchaser of a preneed contract for processing, filing, and archiving the contract and for performing other administrative duties related...
• 497.456 - Preneed Funeral Contract Consumer Protection Trust Fund.
  (1) There is hereby created in the department the Preneed Funeral Contract Consumer Protection Trust Fund to be administered and regulated by the licensing authority.(2) Within 60...
• 497.457 - Ownership Of Proceeds Received On Contracts.
  (1) Subject to the provisions of this chapter, all funds paid pursuant to a preneed contract by a purchaser to a preneed licensee shall be the...
• 497.458 - Disposition Of Proceeds Received On Contracts.
  (1)(a) Any person who is paid, collects, or receives funds under a preneed contract for funeral services or merchandise or burial services or merchandise shall deposit...
• 497.459 - Cancellation Of, Or Default On, Preneed Contracts.
  (1) CANCELLATION BY CUSTOMER WITHIN 30 DAYS.—A purchaser, by providing written notice to the preneed licensee, may cancel a preneed contract within 30 days of the...
• 497.460 - Payment Of Funds Upon Death Of Named Beneficiary.
  Disbursements of funds discharging any preneed contract fulfilled after September 30, 1993, shall be made by the trustee to the preneed licensee upon receipt of...
• 497.461 - Surety Bonding As Alternative To Trust Deposit.
  (1) In lieu of depositing funds into a trust as required by s. 497.458(1) or s. 497.464, a preneed licensee may elect annually, at its discretion,...
• 497.462 - Other Alternatives To Deposits Under S. 497.458.
  (1)(a) As an alternative to the requirements of s. 497.458 that relate to trust funds for contracts written prior to July 1, 2001, or that relate...
• 497.463 - Existing Merchandise Trust Funds; Proof Of Compliance With Law.
  The preneed licensee shall present to the licensing authority prior to the implementation of the alternatives provided in s. 497.462 documentation which demonstrates that the...
• 497.464 - Alternative Preneed Contracts.
  (1) Nothing in this chapter shall prevent the purchaser and the preneed licensee from executing a preneed contract upon the terms stated in this section. Such...
• 497.465 - Inactive, Surrendered, And Revoked Preneed Licensees.
  (1) A preneed licensee shall be considered inactive upon the acceptance of the surrender of its license by the licensing authority or upon the nonreceipt by...
• 497.466 - Preneed Sales Agents, License Required; Application Procedures And Criteria; Appointment Of Agents; Responsibility Of Preneed Licensee.
  (1) GENERAL PROVISIONS APPLICABLE TO PRENEED SALES AGENTS.—All persons who offer preneed contracts to the public, or who execute preneed contracts on behalf of a preneed...
• 497.467 - Acceptability Of Funeral And Burial Merchandise.
  Each person who engages in preneed sales of funeral or burial merchandise shall determine, and notify the purchaser in writing prior to the completion of...
• 497.468 - Disclosure Of Information To The Public.
  A preneed licensee offering to provide burial rights, merchandise, or services to the public shall:(1) Provide by telephone, upon request, accurate information regarding the retail prices...

Last modified: September 23, 2016