Florida Regulations 69K-8.007: Processing Fee
Current as of: 2024 | Check for updates
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(1) As used herein, a “”processing fee”” means a fee paid by a customer for services provided to process and archive a contract and related documents.
(2) If a licensee or preneed licensee includes a processing fee on a preneed or at need contract, the following requirements shall be met:
(a) The fee shall be disclosed to the purchaser on the licensee’s or preneed licensee’s General Retail Price List, Disclosure Price List or any printed or typewritten disclosure of fees that the licensee uses to comply with Florida Statutes § 497.282(2)
(b) The fee shall be clearly disclosed as a processing fee in the contract.
(c) The fee shall not be included, or implied to be included, in any other fee charged to the purchaser.
(d) The fee may be charged on any contract for burial rights, merchandise or services even if the rights, merchandise or services were purchased on separate contracts at different dates. However, a licensee shall not charge the fee on a contract for the purchase of an opening and closing of a grave or installation of a vault in a grave in which burial rights have previously been purchased.
(3) The processing fee is subject to the trusting requirement for services unless the seller has qualified to write contracts pursuant to section 497.461 or 497.462, F.S.
(4) This rule does not apply to contracts written prior to this rule’s effective date.
Rulemaking Authority 497.103, 497.282 FS. Law Implemented 497.103, 497.277, 497.282(2), 497.282(6)(b) FS. History-New 11-8-00, Formerly 3F-8.007.
Terms Used In Florida Regulations 69K-8.007
- Contract: A legal written agreement that becomes binding when signed.
(a) The fee shall be disclosed to the purchaser on the licensee’s or preneed licensee’s General Retail Price List, Disclosure Price List or any printed or typewritten disclosure of fees that the licensee uses to comply with Florida Statutes § 497.282(2)
(b) The fee shall be clearly disclosed as a processing fee in the contract.
(c) The fee shall not be included, or implied to be included, in any other fee charged to the purchaser.
(d) The fee may be charged on any contract for burial rights, merchandise or services even if the rights, merchandise or services were purchased on separate contracts at different dates. However, a licensee shall not charge the fee on a contract for the purchase of an opening and closing of a grave or installation of a vault in a grave in which burial rights have previously been purchased.
(3) The processing fee is subject to the trusting requirement for services unless the seller has qualified to write contracts pursuant to section 497.461 or 497.462, F.S.
(4) This rule does not apply to contracts written prior to this rule’s effective date.
Rulemaking Authority 497.103, 497.282 FS. Law Implemented 497.103, 497.277, 497.282(2), 497.282(6)(b) FS. History-New 11-8-00, Formerly 3F-8.007.