Florida Statutes (Last Updated: April 21, 2021) |
TITLE XXXIII. REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS |
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. |