(1) All cemeteries in excess of 5 acres located in this state that are exempt from the provisions of this chapter shall be required to file a report of identification with the department and pay a $25 fee. The department shall maintain such reports as public records. Such report of identification shall be refiled every 5 years pursuant to a schedule set by board rule. Solely for purposes of chapter 120, such report of identification shall be considered a license with the department.
(2) The report shall be submitted on a form and pursuant to procedures specified by rule, and shall list the name and address of the authorized agent who is responsible for conducting the business of the cemetery and to whom inquiries about the cemetery can be directed.
(3) The department may institute proceedings in any appropriate court for injunctive relief to enforce this section. Upon issuance of an injunctive order, the court shall award the department its costs and attorney fees in the action.
History.—s. 87, ch. 93-399; s. 17, ch. 96-400; s. 68, ch. 2004-301.
Note.—Former s. 497.357.
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.