Florida Statutes 497.381 – Solicitation of goods or services
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Florida Statutes 497.381
- Direct disposer: means any person licensed under this chapter to practice direct disposition in this state. See Florida Statutes 497.005
- Director: means the director of the Division of Funeral, Cemetery, and Consumer Services. See Florida Statutes 497.005
- Funeral director: means any person licensed under this chapter to practice funeral directing in this state. See Florida Statutes 497.005
- Legally authorized person: means , in the priority listed:1. 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
- Person: when used without qualification such as "natural" or "individual" includes both natural persons and legal entities. See Florida Statutes 497.005
- Personal residence: means any residential building in which one temporarily or permanently maintains her or his abode, including, but not limited to, an apartment or a hotel, motel, nursing home, convalescent home, home for the aged, or a public or private institution. See Florida Statutes 497.005
- Solicitation: means any communication that directly or implicitly requests an immediate oral response from the recipient. See Florida Statutes 497.005
(1) The licensing authority shall regulate such solicitation to protect the public from solicitation which is intimidating, overreaching, fraudulent, or misleading; which utilizes undue influence; or which takes undue advantage of a person‘s ignorance or emotional vulnerability.(2) The licensing authority shall regulate such solicitation which comprises an uninvited invasion of personal privacy. It is the express finding of the Legislature that the public has a high expectation of privacy in one’s personal residence, and the licensing authority may 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.(3) Nothing in this chapter may be construed to restrict the right of a person to lawfully advertise, 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 the goods or services being offered.(4) At-need solicitation of funeral merchandise or services is prohibited. A funeral director or direct disposer or her or his agent or representative may not contact the legally authorized person or family to sell services or merchandise unless the funeral director or direct disposer or her or his agent or representative has been initially called or contacted by the legally authorized person or family and requested to provide her or his services or merchandise.