(1) Subject to the provisions of this chapter, all funds paid pursuant to a preneed contract by a purchaser to a preneed licensee shall be the sole property of, and within the full dominion and control of, said preneed licensee.
(2) Subject to the provisions of this chapter, the relationship between the purchaser of a preneed contract and a preneed licensee shall be deemed for all purposes as a debtor-creditor relationship.
History.—ss. 8, 17, ch. 88-139; ss. 97, 122, ch. 93-399; s. 106, ch. 2004-301.
Note.—Former s. 639.109; s. 497.415.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 497 - Funeral, Cemetery, and Consumer Services
Part IV - Preneed Sales (Ss. 497.450-497.468)
497.450 - Preneed sales; chapter exclusive; applicability of other laws.
497.451 - Insurance business not authorized.
497.452 - Preneed license required.
497.453 - Application for preneed license, procedures and criteria; renewal; reports.
497.454 - Approval of preneed contract and related forms.
497.455 - Nonconforming contracts.
497.4555 - Charges for preneed contract.
497.456 - Preneed Funeral Contract Consumer Protection Trust Fund.
497.457 - Ownership of proceeds received on contracts.
497.458 - Disposition of proceeds received on contracts.
497.459 - Cancellation of, or default on, preneed contracts; required notice.
497.460 - Payment of funds upon death of named beneficiary.
497.462 - Other alternatives to deposits under s. 497.458.
497.463 - Existing merchandise trust funds; proof of compliance with law.
497.464 - Alternative preneed contracts.
497.465 - Inactive, surrendered, and revoked preneed licensees.