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The Florida Senate

2004 Florida Statutes

Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 497
FUNERAL AND CEMETERY SERVICES Entire Chapter
CHAPTER 497
FUNERAL AND CEMETERY SERVICES
497.001
Short title.
497.002
Purpose and intent.
497.0021
Applicability of parts.
497.003
Cemeteries; exemption; investigation and mediation.
497.004
Existing companies, effect of this chapter.
497.005
Definitions.
497.025
Liability.
497.0255
Duty of care and maintenance of licensed cemetery.
497.101
Board of Funeral and Cemetery Services; membership; appointment; terms.
497.103
Rulemaking authority of board and department.
497.105
Department; powers and duties.
497.107
Headquarters.
497.109
Board of Funeral and Cemetery Services; membership.
497.111
Publication of information.
497.113
Accountability and liability of board members.
497.115
Board rules; final agency action; challenges.
497.117
Legal and investigative services.
497.119
Mediation.
497.121
Authority to issue citations.
497.123
Powers to administer oaths and issue subpoenas.
497.125
Evidence; examiner's worksheets, investigative reports, other related documents.
497.127
Injunction to restrain violations.
497.129
Cease and desist order; civil penalty; enforcement.
497.131
Disciplinary proceedings.
497.133
Disciplinary guidelines.
497.135
Penalty for giving false information.
497.137
Unlicensed activity; emergency cease and desist order; administrative penalty; civil penalty; enforcement; attorney's fees and costs.
497.141
Licensing; general application procedures.
497.142
Licensing; fingerprinting and criminal background checks.
497.143
Licensing; limited licenses for retired professionals.
497.144
Licensing; examinations, general provisions.
497.145
Licensing; use of professional testing services.
497.146
Licensing; address of record; changes; licensee responsibility.
497.147
Continuing education; general provisions.
497.148
Continuing education; monitoring of compliance.
497.149
Investigations, hearings, and inspections.
497.150
Compliance examinations of existing licensees.
497.151
Complaints; logs; procedures.
497.152
Disciplinary grounds.
497.153
Disciplinary procedures and penalties.
497.156
Emergency action against licensees.
497.157
Unlicensed practice; remedies concerning violations by unlicensed persons.
497.159
Crimes.
497.161
Other rulemaking provisions.
497.163
Restriction on requirement of citizenship.
497.166
Preneed sales.
497.167
Administrative matters.
497.168
Members of Armed Forces in good standing with administrative boards.
497.201
Cemetery companies; license; application; fee.
497.205
License not assignable or transferable.
497.209
Application for change of control among existing stockholders or partners; investigation fee.
497.213
Annual license fees.
497.217
Department rules; challenges.
497.221
Cease and desist orders.
497.225
Civil penalty.
497.229
Courts; powers; abatement of nuisances.
497.233
Disciplinary proceedings.
497.237
Care and maintenance trust fund; remedy of department for noncompliance.
497.241
Disposition of income of care and maintenance trust fund; notice to purchasers and depositors.
497.245
Care and maintenance trust fund, percentage of payments for burial rights to be deposited.
497.249
Care and maintenance trust fund; financial reports.
497.253
Minimum acreage; sale or disposition of cemetery lands.
497.255
Standards for construction and significant alteration or renovation of mausoleums and columbaria.
497.257
Construction of mausoleums, columbaria, and belowground crypts; preconstruction trust fund; compliance requirement.
497.274
Standards for grave spaces.
497.275
Identification of human remains in licensed cemeteries.
497.301
Toll-free telephone number for complaints.
497.305
Cemetery companies; authorized functions.
497.309
Records.
497.310
Recording purchase of burial rights.
497.313
Other charges.
497.317
Monuments; installation fees.
497.321
Solicitation of goods or services.
497.325
Illegal tying arrangements.
497.329
Registration of brokers of burial rights.
497.333
Disclosure of information to public.
497.337
Prohibition on sale of personal property or services.
497.341
Burial without regard to race or color.
497.345
Abandoned cemeteries; immunity; actions.
497.349
Inactive cemeteries.
497.353
Owners to provide addresses; presumption of abandonment; abandonment procedures; sale of abandoned unused burial rights.
497.357
Report of identification of exempt cemeteries.
497.361
Registration of monument establishments.
497.365
Licensure; inactive and delinquent status.
497.366
Licensure; renewal and cancellation notices.
497.367
Instruction on HIV and AIDS, funeral directors and embalmers.
497.401
Preneed sales; chapter exclusive; applicability of other laws.
497.403
Insurance business not authorized.
497.405
Certificate of authority required.
497.407
Certificate of authority; annual statement; renewal; transfer.
497.409
Approval of forms.
497.411
Nonconforming contracts.
497.413
Preneed Funeral Contract Consumer Protection Trust Fund.
497.415
Ownership of proceeds received on contracts.
497.417
Disposition of proceeds received on contracts.
497.419
Cancellation of, or default on, preneed contracts.
497.421
Payment of funds upon death of named beneficiary.
497.423
Evidence of financial responsibility as alternative to trust deposit.
497.425
Alternatives to deposits under s. 497.417.
497.427
Existing merchandise trust funds; proof of compliance with law.
497.429
Alternative preneed contracts.
497.431
Examinations and investigations.
497.435
Administrative fine in lieu of revocation or suspension of certificate of authority.
497.436
Inactive and revoked certificateholders.
497.437
Dissolution or liquidation.
497.439
Preneed sales agents.
497.441
Acceptability of funeral and burial merchandise.
497.443
Unfair methods of competition and unfair or deceptive acts or practices prohibited.
497.445
Unfair methods of competition and unfair or deceptive acts or practices defined.
497.447
Prohibited practices; hearings, witnesses, appearances, production of books, and service of process.
497.515
Additional prohibited acts.
497.517
Attorney's fees.
497.519
Penalties.
497.525
Disposition of fees and penalties.
497.527
Civil remedies.
497.529
Civil liability.
497.531
Unauthorized arrangements.
497.551
Renewal of monument establishment licensure.
497.552
Required facilities.
497.553
Regulation of monument establishments.
497.554
Monument establishment sales representatives.
497.555
Required rules.
497.556
Requirements relating to monument establishments.
497.608
Liability for unintentional commingling of the residue of the cremation process.