Florida Administrative Code
69 - DEPARTMENT OF FINANCIAL SERVICES
69K - Division of Funeral, Cemetery, and Consumer Services
Chapter 69K-29 - ADVERTISING
Section 69K-29.001 - False, Fraudulent, Deceptive and Misleading Advertising

Universal Citation: FL Admin Code R 69K-29.001

Current through Reg. 50, No. 187; September 24, 2024

(1) It is the policy of the Board of Funeral, Cemetery, and Consumer Services that advertising by persons and entities licensed or registered pursuant to chapter 497, F.S., in this state shall be regulated to protect the health, safety and welfare of the public, while not abridging any rights guaranteed by the Constitutions of the United States and the State of Florida.

(2) No licensee or registrant shall disseminate or cause dissemination of any advertisement or advertising which is in anyway false, fraudulent, deceptive and misleading. Any advertisement or advertising shall be deemed by the Board to be fraudulent, false, deceptive, or misleading if it:

(a) Contains a misrepresentation of facts; or

(b) Has the capacity or tendency to mislead or deceive because in its content or in the context in which it is presented it makes only a partial disclosure of relevant facts; or

(c) Has the capacity or tendency to create false or unjustified expectations; or

(d) Contains false, fraudulent, deceptive or misleading representations relating to the quality or quantity of the services offered; or

(e) Contains any representations or claims which the licensee referred to in the advertising fails to perform; or

(f) Contains any other representation, statement or claim which has the capacity or tendency to mislead or deceive.

(3) As used in these rules, the terms "advertisement" and "advertising" shall mean any statements, oral or written, disseminated to or before the public or any portion thereof, with the intent of furthering the purpose, either directly or indirectly, of selling funeral services or merchandise or inducing members of the public to enter into any obligation to purchase such funeral services or merchandise.

(4) All advertising by licensees and registrants shall be only in the name of such establishment as reflected by the records of the Board and the Department of Financial Services. An individual licensee or registrant may also advertise in his or her own licensed or registered name.

(5) Whenever a Florida licensed establishment permits its name, address, telephone number or other references to be used in any advertising of goods or services for or by a non-Florida licensed establishment, the words "representing" or "represented by" or words of substantial equivalence and the name of the Florida establishment shall be utilized therein. Failure to include the language required herein shall be deemed to be advertising goods or services in a manner which is false, fraudulent, deceptive and misleading in form or content.

Rulemaking Authority 497.103 FS. Law Implemented 497.152 FS.

New 1-5-86, Formerly 21J-29.001, Amended 11-11-99, Formerly 61G8-29.001.

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