Florida Statutes 497.469 – Fulfillment of preneed contracts
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(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;
Terms Used In Florida Statutes 497.469
- Cemetery: means a place dedicated to and used or intended to be used for the permanent interment of human remains or cremated remains. See Florida Statutes 497.005
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Financial Services. See Florida Statutes 497.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Income: means earnings on trust assets, including interest, dividends, and other income earned on the principal. See Florida Statutes 497.005
- Legally authorized person: means , in the priority listed:1. See Florida Statutes 497.005
- Licensee: means the person or entity holding any license or other authorization issued under this chapter, except where expressly indicated otherwise. See Florida Statutes 497.005
- merchandise: means any personal property offered or sold by any person for use in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains or cremated remains, including, but not limited to, caskets, outer burial containers, alternative containers, cremation containers, cremation interment containers, urns, monuments, private mausoleums, flowers, benches, vases, acknowledgment cards, register books, memory folders, prayer cards, and clothing. See Florida Statutes 497.005
- Preneed: means any arrangement or method, of which the provider of funeral merchandise or services has actual knowledge, whereby any person agrees to furnish funeral merchandise or service in the future. See Florida Statutes 497.005
- Preneed contract: means any arrangement or method for which the provider of funeral merchandise or services receives any payment in advance for funeral or burial merchandise and services after the death of the contract beneficiary. See Florida Statutes 497.005
- Purchaser: means a person who executes a preneed or an at-need contract with a licensee for merchandise or services. See Florida Statutes 497.005
- Trustee: A person or institution holding and administering property in trust.
(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.