| 1 | A bill to be entitled |
| 2 | An act relating to burial rights; creating s. 497.310, |
| 3 | F.S.; providing for the optional recording of evidence of |
| 4 | burial rights; providing for the purpose of recordation; |
| 5 | providing for recording fees; amending s. 497.003, F.S.; |
| 6 | applying provisions relating to recording of burial rights |
| 7 | to all cemeteries in this state; providing an effective |
| 8 | date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Section 497.310, Florida Statutes, is created |
| 13 | to read: |
| 14 | 497.310 Recording purchase of burial rights.-- |
| 15 | (1) Any person purchasing a burial right, belowground |
| 16 | crypt, grave space, mausoleum, columbarium, ossuary, or |
| 17 | scattering garden for the interment, entombment, inurnment, or |
| 18 | other disposition of human remains may, at the person's option, |
| 19 | permanently record the purchase of the burial right, belowground |
| 20 | crypt, grave space, mausoleum, columbarium, ossuary, or |
| 21 | scattering garden with the clerk of the court in the county |
| 22 | where the burial right, belowground crypt, grave space, |
| 23 | mausoleum, columbarium, ossuary, or scattering garden is |
| 24 | located. The recordation pursuant to this section is for the |
| 25 | purpose of public notification and for the purpose of |
| 26 | establishing a permanent record in the official records of the |
| 27 | county; however, it does not create any priority of interest or |
| 28 | ownership. |
| 29 | (2) The clerk of the court shall record the evidence of |
| 30 | the purchase of a burial right, belowground crypt, grave space, |
| 31 | mausoleum, columbarium, ossuary, or scattering garden presented |
| 32 | to him or her for recording upon payment of the service charge |
| 33 | as otherwise provided by law for the recording of the purchase |
| 34 | documents in the official records. |
| 35 | Section 2. Subsection (2) of section 497.003, Florida |
| 36 | Statutes, is amended to read: |
| 37 | 497.003 Cemeteries; exemption; investigation and |
| 38 | mediation.-- |
| 39 | (2) Section 497.309(1) as to burial records, and ss. |
| 40 | 497.310, 497.321, 497.325, 497.341, and 497.345 apply to all |
| 41 | cemeteries in this state. |
| 42 | Section 3. This act shall take effect July 1, 2004. |