Senate Bill sb0204c1

    Florida Senate - 2004                            CS for SB 204

    By the Committee on Banking and Insurance; and Senator Crist





    311-1155-04

  1                      A bill to be entitled

  2         An act relating to burial rights; creating s.

  3         497.310, F.S.; providing for the optional

  4         recording of evidence of burial rights;

  5         providing for the purpose of recordation;

  6         providing for recording fees; amending s.

  7         497.003, F.S.; applying provisions relating to

  8         recording of burial rights to all cemeteries in

  9         this state; providing an effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Section 497.310, Florida Statutes, is

14  created to read:

15         497.310  Recording purchase of burial rights.--

16         (1)  Any person purchasing a burial right, belowground

17  crypt, grave space, mausoleum, columbarium, ossuary, or

18  scattering garden for the interment, entombment, inurnment, or

19  other disposition of human remains may, at the person's

20  option, permanently record the purchase of the burial right,

21  belowground crypt, grave space, mausoleum, columbarium,

22  ossuary, or scattering garden with the clerk of the court in

23  the county where the burial right, belowground crypt, grave

24  space, mausoleum, columbarium, ossuary, or scattering garden

25  is located. The recordation pursuant to this section is for

26  the purpose of public notification and for the purpose of

27  establishing a permanent record in the official records of the

28  county; however, it does not create any priority of interest

29  or ownership.

30         (2)  The clerk of the court shall record the evidence

31  of the purchase of a burial right, belowground crypt, grave

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                            CS for SB 204
    311-1155-04




 1  space, mausoleum, columbarium, ossuary, or scattering garden

 2  presented to him or her for recording upon payment of the

 3  service charge as otherwise provided by law for the recording

 4  of the purchase documents in the official records.

 5         Section 2.  Subsection (2) of section 497.003, Florida

 6  Statutes, is amended to read:

 7         497.003  Cemeteries; exemption; investigation and

 8  mediation.--

 9         (2)  Section 497.309(1) as to burial records, and ss.

10  497.310, 497.321, 497.325, 497.341, and 497.345 apply to all

11  cemeteries in this state.

12         Section 3.  This act shall take effect July 1, 2004.

13  

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 204

16                                 

17  Clarifies that the purpose for recording evidence of the
    purchase of burial rights with the clerk is for public
18  notification and to establish a permanent record in the
    official county records; however, such recordation does not
19  create any priority of interest or ownership.

20  Provides that the clerk's service charges for recordation are
    pursuant to law.
21  
    Clarifies that the recordation provisions apply to all
22  cemeteries in the state that sell burial rights.

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CODING: Words stricken are deletions; words underlined are additions.