(1) The Attorney General, or the department on behalf of Florida residents, or any person may bring a civil action against a person or company violating the provisions of this chapter in the appropriate court of the county in which the alleged violator resides or has her or his or its principal place of business or in the county wherein the alleged violation occurred. Upon adverse adjudication, the defendant shall be liable for actual damages caused by such violation. The court may, as provided by common law, award punitive damages and may provide such equitable relief as it deems proper or necessary, including enjoining the defendant from further violations of this chapter.
(2) In any civil litigation resulting from a transaction involving a violation of this chapter by a cemetery company or burial rights broker licensed under part II, a monument establishment licensed under part V, or a preneed entity or preneed sales agent licensed under part IV, the court may award to the prevailing party and against such cemetery company, burial rights broker, monument establishment, or preneed entity or sales agent, after judgment in the trial court and exhaustion of any appeal, reasonable attorney’s fees and costs from the nonprevailing party in an amount to be determined by the trial court. Any award of attorney’s fees or costs shall become a part of the judgment and shall be subject to execution as the law allows. This subsection does not apply to licensees licensed under part III or part VI.
(3) The provisions of this chapter are cumulative to rights under the general civil and common law, and no action of the department may abrogate such rights to damages or other relief in any court.
History.—ss. 30, 40, ch. 80-238; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 80, 122, ch. 93-399; s. 569, ch. 97-103; s. 10, ch. 98-268; s. 39, ch. 2004-301; s. 20, ch. 2005-155.
Note.—Former s. 559.501; s. 497.056; s. 497.527.
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.