The Florida Senate

497.233  Disciplinary proceedings.--

(1)  The following acts constitute grounds for which the disciplinary actions in subsection (2) may be taken:

(a)  Violating any provision of this chapter.

(b)  Failing to comply with a rule or lawful order of the department.

(c)  Failing to pay the fees required by this chapter.

(d)  Failing to remit the required amounts to any trust fund required by this chapter.

(e)  Attempting to procure, or procuring, by bribery, material misstatement, or fraudulent misrepresentation, a license to operate a cemetery company, a certificate of authority, or any other license or registration authorized by this chapter.

(f)  Having a license to operate a cemetery company, a certificate of authority to sell preneed contracts, or a registration to undertake any other activity which is regulated by this chapter revoked, suspended, or otherwise acted against, including having a license denied, by the licensing authority of another jurisdiction.

(g)  Being convicted or found guilty in any jurisdiction, regardless of adjudication, of a crime which directly relates to the operation of a cemetery, the sale of preneed contracts, or any other activity authorized by this chapter.

(h)  Making or filing a report required by this chapter which the licensee, certificateholder, or registrant knows to be false or willfully failing to make or file a report required by this chapter.

(i)  Fraud, deceit, misrepresentation, incompetency, or misconduct in the operation of a cemetery, the sale of preneed contracts, or any other activity authorized by this chapter.

(j)  Negligence in the operation of a cemetery, the sale of preneed contracts, or any other activity authorized by this chapter.

(k)  Advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content.

(l)  Making any false or misleading statement of the legal requirement as to the necessity of any particular burial or funeral merchandise or services.

(m)  Making any false or misleading statement regarding the sale of services or merchandise.

(n)  Making any false or misleading statement that natural decomposition or decay of human remains can be prevented or substantially delayed by use of a sealed or unsealed casket or outer burial container.

(o)  Soliciting through the use of fraud, undue influence, intimidation, overreaching, or other form of vexatious conduct.

(p)  Discouraging the purchase of any burial or funeral merchandise or service which is advertised or offered for sale, with the purpose of encouraging the purchase of additional or more expensive burial or funeral merchandise or service, by disparaging its quality or appearance, except that factual statements concerning features, design, or construction do not constitute disparagement, or by suggesting directly or by implication that a customer's concern for the price or expressed interest in inexpensive burial or funeral merchandise or services is improper, inappropriate, or indicative of diminished respect or affection for the deceased.

(q)  Failing to furnish, for retention, to anyone who inquires in person about burial rights, burial or funeral merchandise, or burial or funeral services, before any discussion of selection, a printed or typewritten list specifying the range of retail prices for such rights, merchandise, or services. At a minimum, the list shall itemize the highest and lowest priced product and service regularly offered and shall include the name, address, and telephone number of the licensee and statements that the customer may choose only the items the customer desires, that the customer will be charged for only those items selected, and that there may be other charges for other items or other services.

(r)  Failing to furnish, for retention, to each purchaser of burial rights, burial or funeral merchandise, or burial or funeral services a written agreement, the form of which has been previously approved by the board, which lists the items and services purchased together with the prices for the items and services purchased; the name, address, and telephone number of the licensee; the signatures of the customer and the licensee or her or his representative; and the date signed.

(s)  Failing to provide to any person, upon request, a copy of the cemetery bylaws.

(t)  Assessing fees and costs which have not been disclosed to the customer.

(u)  Failure, upon proper request pursuant to s. 497.419 or s. 497.421, to cancel a contract or refund that part paid on the contract.

(v)  Failure to maintain one or more of the qualifications for the certificate of authority.

(w)  Refusal to produce records in connection with any activity regulated pursuant to this chapter.

(x)  Sale of an irrevocable preneed contract to a person who is not an applicant for or recipient of Supplemental Security Income, Aid to Families with Dependent Children, or Medicaid pursuant to s. 497.419(7).

(2)  When the board finds any person guilty of any of the acts specified in subsection (1), it may enter an order imposing one or more of the following penalties:

(a)  Denial of an application for a license, certificate of authority, or registration.

(b)  Revocation or suspension of a license, certificate of authority, or registration.

(c)  Imposition of an administrative fine not to exceed $5,000 for each count or separate offense.

(d)  Issuance of a reprimand.

(e)  Placement of the licensee, certificateholder, or registrant on probation for a period of time subject to such conditions as the board may specify.

(3)  For purposes of this section, the acts or omissions of any person employed by or under contract to the licensee shall be treated as acts or omissions of the licensee. However, the board may determine that disciplinary action may be more appropriately taken against an individual registered preneed agent or registered branch rather than taking action against the licensee or certificateholder.

(4)  Any order imposing any penalty pursuant to this section shall recite the grounds upon which the penalty is based.

(5)(a)  A suspension or revocation of a license shall be by order of the board. A person whose license has been suspended or revoked may not solicit or write any new preneed contracts regulated by this chapter in this state during the period of any such suspension or revocation.

(b)  In its discretion, the board may cause notice of any such suspension or revocation to be published in one or more newspapers of general circulation published in this state.

(c)  During the period of suspension, the person whose license has been suspended shall file the annual statement and pay license fees as required under this chapter as if the license had continued in full force.

(d)  Upon expiration of the suspension period, if within such period the license has not otherwise terminated, the suspended license shall automatically be reinstated unless the board finds that the causes of the suspension have not been resolved or that such person is otherwise not in compliance with the requirements of this chapter. If not reinstated automatically, the license shall be deemed to have expired as of the end of the suspension period or upon the failure of the licensee to continue the license during the suspension period, whichever event occurs first.

History.--ss. 13, 40, ch. 80-238; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 63, 122, ch. 93-399; s. 10, ch. 96-400; s. 1146, ch. 97-103.

Note.--Former s. 559.375; s. 497.018.