Fla. Stat. ch. 497 – Funeral and Cemetery Services | Midpage

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Florida Statutes

Chapter 497

Fla. Stat. ch. 497

Funeral and Cemetery Services

497.001Short title 497.002Purpose and intent 497.003Cemeteries; exemption; investigation and mediation 497.004Existing companies, effect of this chapter 497.005Definitions 497.025Liability 497.0255Duty of care and maintenance of licensed cemetery 497.101Board of Funeral and Cemetery Services; membership; appointment; terms 497.103Rulemaking authority of board and department 497.105Department of Banking and Finance; powers and duties 497.107Headquarters 497.109Board of Funeral and Cemetery Services; membership 497.111Publication of information 497.113Accountability and liability of board members 497.115Board rules; final agency action; challenges 497.117Legal and investigative services 497.119Mediation 497.121Authority to issue citations 497.123Powers to administer oaths and issue subpoenas 497.125Evidence; examiner's worksheets, investigative reports, other related documents 497.127Injunction to restrain violations 497.129Cease and desist order; civil penalty; enforcement 497.131Disciplinary proceedings 497.133Disciplinary guidelines 497.135Penalty for giving false information 497.137Unlicensed activity; emergency cease and desist order; administrative penalty; civil penalty; enforcement; attorney's fees and costs 497.201Cemetery companies; license; application; fee 497.205License not assignable or transferable 497.209Application for change of control among existing stockholders or partners; investigation fee 497.213Annual license fees 497.217Department rules; challenges 497.221Cease and desist orders 497.225Civil penalty 497.229Courts; powers; abatement of nuisances 497.233Disciplinary proceedings 497.237Care and maintenance trust fund; remedy of department for noncompliance 497.241Disposition of income of care and maintenance trust fund; notice to purchasers and depositors 497.245Care and maintenance trust fund, percentage of payments for burial rights to be deposited 497.249Care and maintenance trust fund; financial reports 497.253Minimum acreage; sale or disposition of cemetery lands 497.255Standards for construction and significant alteration or renovation of mausoleums and columbaria 497.257Construction of mausoleums, columbaria, and belowground crypts; preconstruction trust fund; compliance requirement 497.301Toll-free telephone number for complaints 497.305Cemetery companies; authorized functions 497.309Records 497.313Other charges 497.317Monuments; installation fees 497.321Solicitation of goods or services 497.325Illegal tying arrangements 497.329Registration of brokers of burial rights 497.333Disclosure of information to public 497.337Prohibition on sale of personal property or services 497.341Burial without regard to race or color 497.345Abandoned cemeteries; immunity; actions 497.349Inactive cemeteries 497.353Owners to provide addresses; presumption of abandonment; abandonment procedures; sale of abandoned unused burial rights 497.357Report of identification of exempt cemeteries 497.361Registration of monument establishments 497.401Preneed sales; chapter exclusive; applicability of other laws 497.403Insurance business not authorized 497.405Certificate of authority required 497.407Certificate of authority; annual statement; renewal; transfer 497.409Approval of forms 497.411Nonconforming contracts 497.413Preneed Funeral Contract Consumer Protection Trust Fund 497.415Ownership of proceeds received on contracts 497.417Disposition of proceeds received on contracts 497.419Cancellation of, or default on, preneed contracts 497.421Payment of funds upon death of named beneficiary 497.423Evidence of financial responsibility as alternative to trust deposit 497.425Alternatives to deposits under s. 497.417 497.427Existing merchandise trust funds; proof of compliance with law 497.429Alternative preneed contracts 497.431Examinations and investigations 497.435Administrative fine in lieu of revocation or suspension of certificate of authority 497.436Inactive and revoked certificateholders 497.437Dissolution or liquidation 497.439Preneed sales agents 497.441Acceptability of funeral and burial merchandise 497.443Unfair methods of competition and unfair or deceptive acts or practices prohibited 497.445Unfair methods of competition and unfair or deceptive acts or practices defined 497.447Prohibited practices; hearings, witnesses, appearances, production of books, and service of process 497.515Additional prohibited acts 497.517Attorney's fees 497.519Penalties 497.525Disposition of fees and penalties 497.527Civil remedies 497.529Civil liability 497.531Unauthorized arrangements