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The Florida Senate

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.

Effective Date: 07/01/1999
Last Action: 4/30/1999 House - Died in Committee on Financial Services (CAC)
Bill Text: Web Page | PDF

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  • 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)

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  • HB 1405, Original Filed Version (Current Bill Version) Posted 8/28/2000 at 9:26 AM

    Bill Text:   Web Page | PDF
    Analyses:   Financial Services (Post-Meeting) 3/9/1999 (pdf)

    Related Bills (1)

    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
    Location:

    Citations - 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

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