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The Florida Statutes

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 497
FUNERAL, CEMETERY, AND CONSUMER SERVICES
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F.S. 497.469
497.469 Fulfillment of preneed contracts.
(1) Upon delivery of merchandise or performance of services in fulfillment of a preneed contract, either in part or in whole, a preneed licensee may withdraw the amount deposited in trust plus income earned on such amount for the merchandise delivered or services performed, when adequate documentation is submitted to the trustee.
(2) The following documentation is satisfactory evidence that a preneed contract has been fulfilled:
(a) A certified copy of death certificate;
(b) An invoice for merchandise which reflects the name of the purchaser or beneficiary and the contract number;
(c) An acknowledgment signed by the purchaser or legally authorized person, acknowledging that merchandise was delivered or services performed; or
(d) A burial permit or other documentation provided to another governmental agency.
(3) For purposes of fulfillment of a preneed cemetery contract, the documentation set forth in subsection (2) or a certificate signed by an officer, manager, or designee that the merchandise was delivered or services were performed is satisfactory evidence to show that a preneed cemetery contract has been fulfilled.
(4) The preneed licensee shall maintain documentation that supports fulfillment of a particular contract until such records are examined by the department.
History.s. 13, ch. 2024-140.