(1) No cemetery company may charge a fee for the installation of a monument purchased or obtained from and to be installed by a person or firm other than the cemetery company or its agents.
(2) To verify that a monument is installed on the proper grave in accordance with cemetery bylaws, rules, or regulations, the cemetery company shall mark the place on the grave where the marker or monument is to be installed and shall inspect the installation when completed. Nothing in this subsection is intended to imply or require that a cemetery company shall have to lay out or engineer a grave site or grave sites for the installation of a marker or monument.
(3) A cemetery company may require any person or firm that delivers, installs, places, or sets a monument to show proof of liability insurance coverage and, if required by law, workers’ compensation insurance coverage. However, a cemetery company may not set liability insurance coverage limits or require any person or firm to obtain any form of bond or surety, or make any form of pledge, deposit, or monetary guarantee, as a condition for entry on or access to cemetery property.
History.—ss. 19, 40, ch. 80-238; ss. 2, 3, ch. 81-318; s. 11, ch. 85-202; s. 3, ch. 88-227; s. 1, ch. 89-8; ss. 71, 122, ch. 93-399; s. 60, ch. 2004-301; s. 14, ch. 2010-125.
Note.—Former s. 559.406; s. 497.041; s. 497.317.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 497 - Funeral, Cemetery, and Consumer Services
Part II - Cemetery Regulation (Ss. 497.260-497.287)
497.260 - Cemeteries; exemption; investigation and mediation.
497.261 - Existing companies, effect of this chapter.
497.262 - Duty of care and maintenance of licensed cemetery.
497.263 - Cemetery companies; license required; licensure requirements and procedures.
497.264 - License not assignable or transferable.
497.265 - Annual license fees.
497.266 - Care and maintenance trust fund; remedy of department for noncompliance.
497.2675 - Withdrawal methods from the care and maintenance trust fund.
497.268 - Care and maintenance trust fund, percentage of payments for burial rights to be deposited.
497.269 - Care and maintenance trust fund; financial reports.
497.270 - Minimum acreage; sale or disposition of cemetery lands.
497.273 - Cemetery companies; authorized functions.
497.274 - Standards for grave spaces.
497.2765 - Recording purchase of burial rights.
497.278 - Monuments; installation fees.
497.280 - Illegal tying arrangements.
497.281 - Licensure of brokers of burial rights.
497.282 - Disclosure of information to public.
497.283 - Prohibition on sale of personal property or services.
497.284 - Abandoned cemeteries; immunity; actions.