69K-12.003: Procedure for Submission and Approval of Retail Sales Agreements
69K-12.004: Cancellation of Retail Sales Agreements and Refunds
69K-12.005: Requirements for Retail Sales Agreements
PURPOSE AND EFFECT: The purpose of the proposed rules is to implement Section 497.553(2), F.S., which requires that the retail sales agreements used by monument establishments be submitted to and approved by the Board.
SUMMARY: The proposed rules set forth the procedure for submitting retail sales agreements to the Board for approval and the specific details that shall be disclosed in the agreements to customers.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 497.103, 497.553 FS.
LAW IMPLEMENTED: 497.103, 497.152, 497.553 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: July 19, 2006, 10:00 a.m.
PLACE: Alexander Building, 2020 Capital Circle S.E., Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Diana Evans, Executive Director, Board of Funeral, Cemetery, and Consumer Services, Alexander Building, 2020 Capital Circle S.E., Tallahassee, Florida 32399-0361 (850) 413-3039.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this program is asked to advise the Department at least 5 calendar days before the hearing by contacting the person listed above.
THE FULL TEXT OF THE PROPOSED RULE IS:
69K-12.003 Procedures for Submission and Approval of Monument Establishment Retail Sales Agreements.
(1) A copy of the retail sales agreement form shall be approved by the Board of Funeral, Cemetery, and Consumer Services prior to use by a monument establishment.
(2) Within 30 days of the effective date of this rule, each monument establishment shall mail a copy of its retail sales agreement form for approval to the Board of Funeral, Cemetery, and Consumer Services, 200 E. Gaines Street, Tallahassee, Florida 32399-0361.
(3) After reviewing the retail sales agreement for compliance with Rule 69K-12.005, F.A.C., the Board shall notify the monument establishment of its approval or disapproval of the agreement. The monument establishment shall make changes to the agreement within 45 days from the date of receipt of notice from the Board of the need for corrections.
Specific Authority 497.103(1)(u), 497.553(2) FS. Law Implemented 497.103(1)(u), 497.553(2) FS. History – New ___________.
69K-12.004 Cancellation of Monument Establishment Retail Sales Agreements and Refunds.
(1) A purchaser may cancel an agreement in accordance with the terms of the agreement, statute and rules that were in effect at the time the agreement was executed.
(2) When an agreement is canceled, the terms of the agreement, statute and rules that were in effect at the time the agreement was executed shall apply.
(3) The failure of a monument establishment to deliver and install a purchased monument or marker by the date agreed in the agreement shall entitle the purchaser to a full refund of all amounts paid by the purchaser for the monument and its delivery and installation, unless the monument establishment has obtained a written agreement from the purchaser extending the delivery date. Such refunds shall be made within 30 days after receipt by the monument establishment of the purchaser’s written request for a refund.
(4) The monument establishment may not cancel the agreement unless the purchaser is in default under the terms of the agreement or pursuant to the provisions of Chapter 497, F.S., and Chapter 69K, F.A.C.
Specific Authority 497.103 FS. Law Implemented 497.152(13), 497.553 FS. History – New __________.
69K-12.005 Requirements for Monument Establishment Retail Sales Agreements.
(1) A written retail sales agreement shall be executed between the monument establishment and the purchaser. Each written agreement shall be sequentially numbered and be entered into a sales journal by date of sale by the monument establishment. The provisions of the agreement shall be in at least 10 point type and shall be presented in a clear and legible format.
(2) Any additional purchases or changes made by the purchaser more than 30 days after the original sale date must be shown on a separate agreement. Any changes made by the purchaser within 30 days of the original sales date shall be made on the original agreement and shall be initialed and dated by the purchaser.
(3) The purchaser shall be provided with a copy of the executed agreement at the time of purchase and whenever any changes are made to the agreement.
(4) The agreement form must comply with all disclosure requirements of Parts I and V, Chapter 497, F.S.
(5) Each retail sales agreement shall contain a complete deion of the monument, marker, or related product to be delivered and installed together with the price(s) for each item(s) or service(s) purchased and any fees that will be charged. The agreed date for delivery and installation shall be clearly and prominently specified in each retail sales agreement.
(6) The deion of the merchandise or drawings shall be included on the agreement or an addendum, provided the form has been approved by the Board of Funeral, Cemetery, and Consumer Services. The approval of the Board shall be conditioned upon the form containing the applicable information required by this rule.
(a) Name, address, and telephone number of monument establishment;
(b) Name, address, and telephone number of purchaser and interment right owner (if different from purchaser);
(c) Date of purchase;
(d) Latest date by which delivery and installation will be made;
(e) Name and address of cemetery or memorial for delivery and installation;
(f)
(g) Terms of sale, including purchase price and payment schedule;
(h) Sales tax, down payment, and balance due;
(i) Signature of purchaser;
(j) Signature of monument establishment representative;
(7) If a custom designed product is sold to the purchaser, a general deion of the product shall be sufficient, providing that the following information is also included in the agreement:
(a) For memorials or monuments:
1. Type (upright, slant, plaque, marker, ledger, etc.);
2. Material (marble, granite, bronze, etc.);
3. Size (dimension);
4. Foundation (material and dimension);
5. Color (finish);
6. Design (lettering, drawing, carving, decoration, emblems, etc.).
(b) For all related merchandise and products such as:
1. Urns and cremation vaults (type, dimensions, finish and location);
2. Posts/Corners (color, dimension and finish);
3. Coping (color, dimension and finish);
4. Portrait (image, dimension, finish and location);
5. Vase (type, dimension, finish and location);
6. Chips (marble, granite, etc. and amount);
7. All others (list accessories, dimension, finish and location).
(8) If the sales presentation uses the manufacturer's name and specifications, then the name of manufacturer and model number shall be included on the agreement in addition to color, materials, and design.
(9) The agreement shall disclose the latest date the memorial or monument will be installed and that the memorial or marker meets all of the cemetery’s rules and regulations as of the date of the contract.
(10) The agreement shall disclose in bold print whether a restocking fee will be charged and the amount of the fee if the purchaser cancels the contract prior to delivery for any reason other than the monument establishment’s failure to deliver. A restocking fee cannot be charged for the monument establishment’s failure to timely deliver.
(11) The agreement shall disclose whether a setting fee will be charged and the amount of the fee.
(12) The agreement shall disclose whether a transportation fee will be charged for the delivery and/or installation of the merchandise and the amount of the fee.
(13) The agreement shall disclose that there will be a separate fee charged for any future inions or engravings.
(14) The agreement shall disclose any other charges or fees which shall be itemized and detailed.
Specific Authority 497.103, 497.553(2) FS. Law Implemented 497.103(1)(u), 497.152(11), 497.553 FS. History – New _______________.