(1) A licensee shall be considered inactive upon the acceptance of the surrender of its license by the department or upon the nonreceipt by the department of the license renewal fees required by s. 497.265.
(2) A cemetery licensee licensed to engage in preneed sales shall cease all preneed sales to the public upon becoming inactive in regard to its cemetery license. At-need sales to the public shall cease within 30 days after becoming inactive.
(3) Any licensee desiring to surrender its license to the department shall first:
(a) File notice with the department.
(b) Submit copies of its existing trust agreements.
(c) Resolve to the department’s satisfaction all findings and violations resulting from the last examination conducted.
(d) Pay all outstanding fines and invoices due the department.
(e) Submit its current license.
(4) Upon receipt of the notice, the department shall review the licensee’s:
(a) Trust funds.
(b) Trust agreements.
(c) Care and maintenance of the cemetery grounds.
(5) After a review to the department’s satisfaction, the department shall terminate the license.
(6)(a) The care and maintenance trust fund of a licensee shall be held intact and in trust after the licensee has become inactive, and funds in that trust fund shall be disbursed to the cemetery on a regular basis for the upkeep of the grounds.
(b) The merchandise trust fund of a licensee shall be held intact and in trust after the licensee has become inactive, and the funds in that trust fund shall be disbursed in accordance with the requirements of the written contracts until the fund has been exhausted.
History.—s. 85, ch. 93-399; s. 66, ch. 2004-301.
Note.—Former s. 497.349.
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.