Division of Administrative Hearings, Florida
Latest Update: Mar. 15, 1988
The basic issue in this case is described as follows in the parties' prehearing stipulation: The controversy centers on the Department's disapproval of Petitioner's Burial Protection Policy Form 01285-NV, Certificate Form 01285- NV-3, and 24 month Burial Protection Form. The Department based its disapproval on Section 626.9541(1)(n)1, Florida Statutes, which prohibits the offer of free insurance as an inducement to the sale or purchase of real or personal property or of services directly or indirectly connected with such real or personal property. At the hearing, all parties presented the testimony of witnesses and offered documentary exhibits. Thereafter, on December 3, 1987, a transcript of the proceedings at hearing was filed and the parties were allowed until January 4, 1988, (later extended to January 8, 1988) within which to file their proposed recommended orders. Both parties filed timely proposed recommended orders, which have been carefully considered in the preparation of this recommended order. Specific rulings on all findings of fact proposed by all parties are contained in the Appendix which is attached to and incorporated into this recommended order.Proposed offer of free burial insurance in connection with sales of pre-need cemetary products violated cited statute
