(1) Regulation of preneed sales shall be as set forth in part IV of this chapter. No person may act as an agent for a preneed licensee with respect to preneed contracts unless such person is licensed as a preneed sales agent pursuant to part IV of this chapter or is a licensed funeral director acting as a preneed sales agent.
(2) Nothing in parts I, II, III, V, or VI of this chapter shall be understood to necessarily prohibit any licensee under this chapter from selling preneed funerals and funeral merchandise through its agents and employees, so long as such sales are permitted by part IV of this chapter.
(3)(a) The funeral director in charge of a funeral establishment is responsible for the control and activities of the establishment’s preneed sales agents.
(b) The direct disposer in charge or a funeral director acting as the direct disposer in charge of a direct disposal establishment is responsible for the control and activities of the establishment’s preneed sales agents.
(c) The responsibility imposed by this subsection on the funeral director and direct disposer in charge is a duty of reasonable supervision and not absolute liability. The responsibility of the funeral director or direct disposer in charge shall be in addition to the responsibility of the preneed licensee for the conduct of the preneed sales agents it employs.
History.—s. 36, ch. 2004-301; s. 93, ch. 2005-2; s. 19, ch. 2005-155; s. 12, ch. 2010-125.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 497 - Funeral, Cemetery, and Consumer Services
Part I - General Provisions (Ss. 497.001-497.172)
497.0021 - Applicability of parts.
497.101 - Board of Funeral, Cemetery, and Consumer Services; membership; appointment; terms.
497.103 - Authority of board and department; Chief Financial Officer recommendations.
497.141 - Licensing; general application procedures.
497.142 - Licensing; fingerprinting and criminal background checks.
497.143 - Licensing; limited licenses for times of critical need.
497.144 - Licensing; examinations, general provisions.
497.145 - Licensing; use of professional testing services.
497.146 - Licensing; address of record; changes; licensee responsibility.
497.147 - Continuing education; general provisions.
497.148 - Continuing education; monitoring of compliance.
497.149 - Investigations, hearings, and inspections.
497.150 - Compliance examinations of existing licensees.
497.151 - Complaints; logs; procedures.
497.152 - Disciplinary grounds.
497.153 - Disciplinary procedures and penalties.
497.154 - Disciplinary guidelines.
497.155 - Disciplinary citations and minor violations.
497.156 - Emergency action against licensees.
497.157 - Unlicensed practice; remedies concerning violations by unlicensed persons.
497.158 - Court enforcement actions; powers; abatement of nuisances.
497.160 - Receivership proceedings.
497.161 - Other rulemaking provisions.
497.162 - Health and safety education.
497.163 - Restriction on requirement of citizenship.
497.164 - Solicitation of goods or services.
497.165 - Liability of owners, directors, and officers regarding trust funds.
497.167 - Administrative matters.
497.168 - Members of Armed Forces in good standing with administrative boards.
497.169 - Private actions; actions on behalf of consumers; attorney’s fee.
497.170 - Unauthorized arrangements.
497.171 - Identification of human remains.
497.172 - Public records exemptions; public meetings exemptions.