HB 1405: Funeral & Cemetery Services
GENERAL BILL by Crist
Funeral & Cemetery Services; creates "Neglected, Abandoned, & Unlicensed Cemetery Act"; provides for retention of status as cemetery; provides for care & maintenance; provides for joint & severable liability; provides local government responsibilities; provides procedures for declaring unlicensed cemetery abandoned; requires county registry of cemeteries; provides for transfer of small cemeteries under certain circumstances, etc. Amends FS.
Last Action: 4/30/1999 House - Died in Committee on Financial Services (CAC)
Bill Text: Web Page | PDF
Bill History
| Date | Chamber | Action |
|---|---|---|
| 3/1/1999 | House |
• Prefiled |
| 3/4/1999 | House |
• Introduced -HJ 00166 |
| 3/5/1999 | House |
• Referred to Financial Services (CAC); Business Regulation & Consumer Affairs (CAC); Community Affairs (PRC); General Government Appropriations (FRC) -HJ 00247 |
| 4/9/1999 | House |
• On Committee agenda-- Financial Services (CAC), 04/13/99, 1:00 pm, 214C --Not considered |
| 4/30/1999 | House |
• Died in Committee on Financial Services (CAC) |
Related Bills
| Bill Number | Subject | Filed By | Relationship | Last Action and Location |
|---|---|---|---|---|
| S 196 (c1) | Funeral & Cemetery Services | Regulated Industries | Compare | Last Action: 4/30/1999 S Died in Committee on Banking and Insurance |
Committee Amendments
Floor Amendments
Bill Analyses
| Type | Analysis | Author | Posted | Format |
|---|---|---|---|---|
| Bill Analysis | H 1405 | Financial Services (Post-Meeting) | 3/9/1999 12:00 AM |
Vote History - Committee
No Committee Vote History AvailableVote History - Floor
No Vote History AvailableCitations - Statutes (101)
| Citation | Catchline | Location in Bill Location In Bill Help |
|---|---|---|
| 215.321 | Regulatory Trust Fund. | |
| 245.07 | Retention of bodies before use; unfit or excess number of bodies, disposition procedure. | |
| 267.021 | Definitions. | |
| 267.061 | Historic properties; state policy, responsibilities. | |
| 380.507 | Powers of the trust. | |
| 380.511 | Florida Communities Trust Fund. | |
| 380.512 | Annual report. | |
| 470.002 | Definitions. | |
| 470.019 | Disciplinary actions against direct disposers and direct disposal establishments. | |
| 470.025 | Cinerator facility; licensure. | |
| 470.027 | Exemption of certificateholder under chapter 497. | |
| 470.028 | Preneed sales; registration of agents. | |
| 470.034 | Disclosure of information to public. | |
| 470.036 | Disciplinary proceedings. | |
| 497.001 | Short title. | |
| 497.002 | Purpose and intent. | |
| 497.003 | Cemeteries; exemption; investigation and mediation. | |
| 497.004 | Existing companies, effect of this chapter. | |
| 497.005 | Definitions. | |
| 497.025 | Liability. | |
| 497.101 | Board of Funeral and Cemetery Services; membership; appointment; terms. | |
| 497.103 | Rulemaking authority of board and department. | |
| 497.105 | Department of Banking and Finance; powers and duties. | |
| 497.119 | Mediation. | |
| 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. | |
| 497.201 | 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. | |
| 497.229 | Courts; powers; abatement of nuisances. | |
| 497.233 | Disciplinary proceedings. | |
| 497.237 | Care and maintenance trust fund; remedy of department for noncompliance. | |
| 497.245 | Care and maintenance trust fund, percentage of payments for burial rights to be deposited. | |
| 497.253 | Minimum acreage; sale or disposition of cemetery lands. | |
| 497.257 | Construction of mausoleums, columbaria, and belowground crypts; preconstruction trust fund; compliance requirement. | |
| 497.301 | Toll-free telephone number for complaints. | |
| 497.309 | Records. | |
| 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. | |
| 497.353 | 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. | |
| 497.401 | 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. | |
| 497.413 | 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. | |
| 497.423 | Evidence of financial responsibility as alternative to trust deposit. | |
| 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. | |
| 497.439 | 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. | |
| 497.447 | 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. | |
| 497.601 | ||
| 497.602 | ||
| 497.603 | ||
| 497.604 | ||
| 497.605 | ||
| 497.606 | ||
| 497.607 | ||
| 497.608 | ||
| 497.609 | ||
| 497.611 | ||
| 497.612 | ||
| 497.613 | ||
| 497.614 | ||
| 497.615 | ||
| 497.616 | ||
| 497.617 | ||
| 497.618 | ||
| 497.619 | ||
| 497.621 | ||
| 497.622 | ||
| 497.623 | ||
| 501.022 | Home solicitation sale; permit required. | |
| 501.604 | Exemptions. | |
| 626.785 | Qualifications for license. | |
| 872.02 | Injuring or removing tomb or monument; disturbing contents of grave or tomb; penalties. | |
| 872.05 | Unmarked human burials. | |
| 938.08 |
Citations - Constitution (0)
No Constitutional citations.
Citations - Chapter Law (0)
No Chapter Law citations.
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