eLaws of Florida

 

  CHAPTER 497. FUNERAL, CEMETERY, AND CONSUMER SERVICES  


PART I. GENERAL PROVISIONS
SECTION 497.001. Short title.
SECTION 497.002. Purpose and intent.
SECTION 497.0021. Applicability of parts.
SECTION 497.005. Definitions.
SECTION 497.101. Board of Funeral, Cemetery, and Consumer Services; membership; appointment; terms.
SECTION 497.103. Authority of board and department; Chief Financial Officer recommendations.
SECTION 497.107. Headquarters.
SECTION 497.140. Fees.
SECTION 497.141. Licensing; general application procedures.
SECTION 497.142. Licensing; fingerprinting and criminal background checks.
SECTION 497.143. Licensing; limited licenses for times of critical need.
SECTION 497.144. Licensing; examinations, general provisions.
SECTION 497.145. Licensing; use of professional testing services.
SECTION 497.146. Licensing; address of record; changes; licensee responsibility.
SECTION 497.147. Continuing education; general provisions.
SECTION 497.148. Continuing education; monitoring of compliance.
SECTION 497.149. Investigations, hearings, and inspections.
SECTION 497.150. Compliance examinations of existing licensees.
SECTION 497.151. Complaints; logs; procedures.
SECTION 497.152. Disciplinary grounds.
SECTION 497.153. Disciplinary procedures and penalties.
SECTION 497.154. Disciplinary guidelines.
SECTION 497.155. Disciplinary citations and minor violations.
SECTION 497.156. Emergency action against licensees.
SECTION 497.157. Unlicensed practice; remedies concerning violations by unlicensed persons.
SECTION 497.158. Court enforcement actions; powers; abatement of nuisances.
SECTION 497.159. Crimes.
SECTION 497.160. Receivership proceedings.
SECTION 497.161. Other rulemaking provisions.
SECTION 497.162. Health and safety education.
SECTION 497.163. Restriction on requirement of citizenship.
SECTION 497.164. Solicitation of goods or services.
SECTION 497.165. Liability of owners, directors, and officers regarding trust funds.
SECTION 497.166. Preneed sales.
SECTION 497.167. Administrative matters.
SECTION 497.168. Members of Armed Forces in good standing with administrative boards.
SECTION 497.169. Private actions; actions on behalf of consumers; attorney’s fee.
SECTION 497.170. Unauthorized arrangements.
SECTION 497.171. Identification of human remains.
SECTION 497.172. Public records exemptions; public meetings exemptions.
PART II. CEMETERY REGULATION
SECTION 497.260. Cemeteries; exemption; investigation and mediation.
SECTION 497.261. Existing companies, effect of this chapter.
SECTION 497.262. Duty of care and maintenance of licensed cemetery.
SECTION 497.263. Cemetery companies; license required; licensure requirements and procedures.
SECTION 497.264. License not assignable or transferable.
SECTION 497.265. Annual license fees.
SECTION 497.266. Care and maintenance trust fund; remedy of department for noncompliance.
SECTION 497.267. Disposition of withdrawals from the care and maintenance trust fund; notice to purchasers and depositors.
SECTION 497.2675. Withdrawal methods from the care and maintenance trust fund.
SECTION 497.268. Care and maintenance trust fund, percentage of payments for burial rights to be deposited.
SECTION 497.269. Care and maintenance trust fund; financial reports.
SECTION 497.270. Minimum acreage; sale or disposition of cemetery lands.
SECTION 497.271. Standards for construction and significant alteration or renovation of mausoleums and columbaria.
SECTION 497.272. Construction of mausoleums, columbaria, and belowground crypts; preconstruction trust fund; compliance requirement.
SECTION 497.273. Cemetery companies; authorized functions.
SECTION 497.274. Standards for grave spaces.
SECTION 497.276. Records.
SECTION 497.2765. Recording purchase of burial rights.
SECTION 497.277. Other charges.
SECTION 497.278. Monuments; installation fees.
SECTION 497.280. Illegal tying arrangements.
SECTION 497.281. Licensure of brokers of burial rights.
SECTION 497.282. Disclosure of information to public.
SECTION 497.283. Prohibition on sale of personal property or services.
SECTION 497.284. Abandoned cemeteries; immunity; actions.
SECTION 497.285. Inactive cemeteries.
SECTION 497.286. Owners to provide addresses; presumption of abandonment; abandonment procedures; sale of abandoned unused burial rights.
SECTION 497.287. Report of identification of exempt cemeteries.
PART III. FUNERAL DIRECTING, EMBALMING, AND RELATED SERVICES
SECTION 497.365. Licensure; inactive and delinquent status.
SECTION 497.366. Licensure; renewal and cancellation notices.
SECTION 497.368. Embalmers; licensure as an embalmer by examination; provisional license.
SECTION 497.369. Embalmers; licensure as an embalmer by endorsement; licensure of a temporary embalmer.
SECTION 497.370. Embalmers; licensure of an embalmer intern.
SECTION 497.371. Embalmers; establishment of embalmer apprentice program.
SECTION 497.372. Funeral directing; conduct constituting practice of funeral directing.
SECTION 497.373. Funeral directing; licensure as a funeral director by examination; provisional license.
SECTION 497.374. Funeral directing; licensure as a funeral director by endorsement; licensure of a temporary funeral director.
SECTION 497.375. Funeral directing; licensure of a funeral director intern.
SECTION 497.376. License as funeral director and embalmer permitted.
SECTION 497.377. Combination funeral director and embalmer internships.
SECTION 497.378. Renewal of funeral director and embalmer licenses.
SECTION 497.379. Inactive status.
SECTION 497.380. Funeral establishment; licensure; display of license.
SECTION 497.381. Solicitation of goods or services.
SECTION 497.382. Reports of cases embalmed and bodies handled.
SECTION 497.383. Additional rights of legally authorized persons.
SECTION 497.384. Disinterment; transportation; authorization and notification.
SECTION 497.385. Removal services; refrigeration facilities; centralized embalming facilities.
SECTION 497.386. Storage, preservation, and transportation of human remains.
SECTION 497.387. Unlawful to remove or embalm body without consent of proper official when crime is suspected.
SECTION 497.389. Funeral establishments; cash advance accounts; escrow refund accounts.
SECTION 497.390. Reciprocity.
SECTION 497.391. Exceptions.
SECTION 497.392. Branch chapels.
SECTION 497.393. Licensure; military-issued credentials for licensure.
PART IV. PRENEED SALES
SECTION 497.450. Preneed sales; chapter exclusive; applicability of other laws.
SECTION 497.451. Insurance business not authorized.
SECTION 497.452. Preneed license required.
SECTION 497.453. Application for preneed license, procedures and criteria; renewal; reports.
SECTION 497.454. Approval of preneed contract and related forms.
SECTION 497.455. Nonconforming contracts.
SECTION 497.4555. Charges for preneed contract.
SECTION 497.456. Preneed Funeral Contract Consumer Protection Trust Fund.
SECTION 497.457. Ownership of proceeds received on contracts.
SECTION 497.458. Disposition of proceeds received on contracts.
SECTION 497.459. Cancellation of, or default on, preneed contracts; required notice.
SECTION 497.460. Payment of funds upon death of named beneficiary.
SECTION 497.462. Other alternatives to deposits under s. 497.458.
SECTION 497.463. Existing merchandise trust funds; proof of compliance with law.
SECTION 497.464. Alternative preneed contracts.
SECTION 497.465. Inactive, surrendered, and revoked preneed licensees.
SECTION 497.466. Preneed sales agents, license required; application procedures and criteria; appointment of agents; responsibility of preneed licensee.
SECTION 497.467. Acceptability of funeral and burial merchandise.
SECTION 497.468. Disclosure of information to the public.
PART V. MONUMENT ESTABLISHMENTS
SECTION 497.550. Licensure of monument establishments required; procedures and criteria.
SECTION 497.551. Renewal of monument establishment licensure.
SECTION 497.552. Required facilities.
SECTION 497.553. Regulation of monument establishments.
SECTION 497.554. Monument establishment sales representatives.
SECTION 497.555. Required rules.
PART VI. CREMATION, CREMATORIES, AND DIRECT DISPOSITION
SECTION 497.601. Direct disposition; duties.
SECTION 497.602. Direct disposers, license required; licensing procedures and criteria; regulation.
SECTION 497.603. Direct disposers, renewal of license.
SECTION 497.604. Direct disposal establishments, license required; licensing procedures and criteria; license renewal; regulation; display of license.
SECTION 497.605. Direct disposition not funeral directing.
SECTION 497.606. Cinerator facility, licensure required; licensing procedures and criteria; license renewal; regulation.
SECTION 497.607. Cremation; procedure required.
SECTION 497.608. Liability for unintentional commingling of the residue of the cremation process.
SECTION 497.609. Liability of direct disposers, direct disposal establishments, funeral directors, funeral establishments, and cinerator facilities regarding cremation.