2001 Florida Code
TITLE XXXIII Regulation Of Trade, Commerce, Investments, And Solicitations
Chapter 497 Funeral And Cemetery Services
497.321 Solicitation of goods or services.
497.321 Solicitation of goods or services.--
(1) The board is authorized to adopt rules regulating the solicitation of sales of burial rights, merchandise, or services by licensees.
(2) The board shall regulate such solicitation to protect the public from solicitation which is intimidating, overreaching, vexatious, fraudulent, or misleading; which utilizes undue influence; or which takes undue advantage of a person's ignorance or emotional vulnerability.
(3) The board shall regulate any solicitation which comprises an uninvited invasion of personal privacy. It is the express finding of the Legislature that the public have a high expectation of privacy in their personal residences, and the department by rule shall restrict the hours or otherwise regulate such solicitation in the personal residence of a person unless the solicitation has been previously and expressly requested by the person solicited.
(4) Nothing in this act shall be construed to restrict the right of a person to lawfully advertise, use direct mail, or otherwise communicate in a manner not within the definition of solicitation or to solicit the business of anyone responding to such communication or otherwise initiating discussion of goods and services being offered.
(5) At-need solicitation of sales of burial rights, merchandise, or services is prohibited. No cemetery company or any agent or representative of that company may contact the family or next of kin of a deceased person to sell services or merchandise unless the cemetery company or an agent or representative of the company has been initially called or contacted by the family or next of kin of such person or persons and requested to provide services or merchandise.
History.--s. 38, ch. 80-238; s. 409, ch. 81-259; s. 2, ch. 81-318; s. 4, ch. 85-16; s. 1, ch. 89-8; ss. 72, 122, ch. 93-399.
Note.--Former s. 559.408; s. 497.043.
Disclaimer: These codes may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
