Florida Statutes 1983, Volume 3 - Florida State University College of ...

F.S.1983 PRENEED FUNERAL MERCHANDISE OR SERVICE CONTRACTS Ch.639
shall be payable to the Insurance Commissioner's
Regulatory Trust Fund.
History.-ss. 15, 32, ch. 83·316.
'Note.-Expires October I, 1993, pursuant to s. 32, ch. 83·316, and is sched·
uled for review pursuant to s. 11.61 in advance of that date.
'639.20 Provisions not applicable to cemeteries
holding certificate of authority under
Florida Cemetery Act.-The provisions of this
chapter do not apply to any person who holds a license
under the provisions of chapter 497 or to any
person who is under any contractual relationship
with any person holding such a license as pertains to
any transaction coming within the purview of the
Florida Cemetery Act, except that preneed funeral
services and direct disposal services shall be made
and proceeds placed in trust pursuant to this chapter.
History.-s. 17, ch. 65·393; s. 35, ch. 80·238; s. 2, ch. 81·318; 88.20,31,32, ch.
83·316.
'Note.-Expires October I, 1993, pursuant to s. 32, ch. 83·316, and is sched·
uled for review pursuant to s. 11.61 in advance of that date.
cf.-ch. 497 Florida Cemetery Act.
'639.21 Acceptability of funeral merchandise.-Each
person who engages in preneed sales of
funeral merchandise shall determine, and notify the
purchaser in writing prior to the completion of the
contract, that the merchandise being considered for
purchase will be accepted in the cemetery of the purchaser's
choice. The failure to comply with this chapter
shall nullify the agreement, and all moneys paid
in shall be returned, notwithstanding the existence of
any liquidated damages provision pursuant to s.
639.13(2).
History.-s. 13, ch. 77·438; s. 2, ch. 81·318; ss. 21, 31, 32, ch. 83·316.
'Note.-Expires October I, 1993, pursuant to s. 32, ch. 83·316, and is sched·
uled for review pursuant to s. 11.61 in advance of that date.
1639.22 Unfair methods of competition and
unfair or deceptive acts or practices prohibited.
-No person shall engage in this state in any trade
practice which is defined in this chapter as, or determined
pursuant to s. 639.23 to be, an unfair method
of competition or an unfair or deceptive act or practice.
History.-ss. 22, 32, ch. 83·316.
'Note.-Expires October I, 1993, pursuant to s. 32, ch. 83·316, and is sched·
uled for review pursuant to s. 11.61 in advance of that date.
1639.23 Unfair methods of competition and
unfair or deceptive acts or practices defined.
-Unfair methods of competition and unfair or deceptive
acts or practices are defined as the following:
(1) MISREPRESENTATION AND FALSE AD­
VERTISING OF PRENEED CON­
TRACT.-Knowingly making, issuing, or circulating,
or causing to be made, issued, or circulated, any estimate,
illustration, circular, statement, sales presentation,
omission, or comparison which:
(a) Misrepresents the benefits, advantages, conditions,
or terms of any preneed contract.
(b) Is misleading, or is a misrepresentation as to
the financial condition of any person.
(c) Uses any name or title of any preneed contract
misrepresenting the true nature thereof.
(d) Is a misrepresentation for the purpose of inducing,
or tending to induce, the lapse, forfeiture, ex-
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change, conversion, or surrender of any preneed contract.
(2) FALSE INFORMATION AND ADVERTIS­
ING GENERALLY.-Knowingly making, publishing,
disseminating, circulating, or placing before the
public, or causing, directly or indirectly, to be made,
published, disseminated, circulated, or placed before
the public:
(a) In a newspaper, magazine, or other publication;
(b) In the form of a notice, circular, pamphlet,
letter, or poster;
(c) Over any radio or television station; or
(d) In any other way;
an advertisement, announcement, or statement containing
any assertion, representation, or statement
which is untrue, deceptive, or misleading with respect
to any preneed contract.
(3) DEFAMATION.-Knowingly making, publishing,
disseminating, or circulating, directly or indirectly,
or aiding, abetting, or encouraging the making,
publishing, disseminating, or circulating of, any oral
or written statement, or any pamphlet, circular, article,
or literature, which is false or maliciously critical
of, or derogatory to, any person and which is calculated
to injure such person.
(4) FALSE STATEMENTS AND EN­
TRIES.-Knowingly:
(a) Filing any false statement with any supervisory
or other public official;
(b) Making, publishing, disseminating, or circulating
any false statement;
(c) Delivering any false statement to any person;
(d) Placing any false statement before the public;
(e) Causing, directly or indirectly, any false statement
to be made, published, disseminated, circulated,
delivered to any person, or placed before the public;
or
(f) Making any false entry of a material fact in
any book, report, or statement of any person.
(5) UNFAIR CLAIM SETTLEMENT PRAC­
TICES.-
(a) Attempting to settle a claim on the basis of a
material document which was altered without notice
to, or without the knowledge or consent of, the contract
purchaser or his representative or legal guardian.
(b) Making a material misrepresentation to a
contract purchaser or his representative or legal
guardian for the purpose and with the intent of effecting
settlement of a claim or loss under a prepaid
contract on less favorable terms than those provided
in, and contemplated by, the prepaid contract; or
(c) Committing or performing with such frequency
as to indicate a general business practice any of
the following acts:
1. Failing to adopt and implement standards for
the proper investigation of claims;
2. Misrepresenting pertinent facts or prepaid
contract provisions relating to issues on coverage of
funeral merchandise or services;
3. Failing to acknowledge and act promptly upon
communications with respect to claims;
4. Denying claims without conducting reasonable
investigations based upon available information;