Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 497 - Funeral, Cemetery, and Consumer Services

497.101 - Board of Funeral, Cemetery, and Consumer Services; membership; appointment; terms. - (1) The Board of Funeral, Cemetery, and Consumer Services is...

497.103 - Authority of board and department; Chief Financial Officer recommendations. - (1) BOARD AUTHORITY.—Subject to the provisions of this section, all...

497.107 - Headquarters. - History.—s. 44, ch. 93-399; s. 553, ch. 2003-261; s. 9,...

497.140 - Fees. - (1)(a) As to any fee payable under this chapter as...

497.141 - Licensing; general application procedures. - (1) The provisions of this section shall supplement and implement...

497.142 - Licensing; fingerprinting and criminal background checks. - (1) In any instance that this chapter requires submission of...

497.143 - Licensing; limited licenses for times of critical need. - (1) It is the intent of the Legislature that, absent...

497.144 - Licensing; examinations, general provisions. - (1) The department shall, with the approval of the board,...

497.145 - Licensing; use of professional testing services. - History.—s. 15, ch. 2004-301.

497.146 - Licensing; address of record; changes; licensee responsibility. - History.—s. 16, ch. 2004-301; s. 3, ch. 2016-172.

497.147 - Continuing education; general provisions. - (1) As to any licensure under this chapter that requires...

497.148 - Continuing education; monitoring of compliance. - History.—s. 18, ch. 2004-301.

497.149 - Investigations, hearings, and inspections. - (1) INVESTIGATIONS.—Investigations shall be conducted by the department. The following...

497.150 - Compliance examinations of existing licensees. - (1) There may be examined by the department the facilities,...

497.151 - Complaints; logs; procedures. - (1) This section shall be applicable to all entities licensed...

497.152 - Disciplinary grounds. - (1) GENERAL PROVISIONS.—The generality of the provisions of this subsection...

497.153 - Disciplinary procedures and penalties. - (1) JURISDICTION OF LICENSING AUTHORITY TO INVESTIGATE AND PROSECUTE.—The expiration,...

497.154 - Disciplinary guidelines. - (1) The board shall adopt, by rule, and periodically review...

497.155 - Disciplinary citations and minor violations. - (1) CITATIONS.— (a) Notwithstanding the provisions of s. 497.153, the...

497.156 - Emergency action against licensees. - History.—s. 26, ch. 2004-301.

497.157 - Unlicensed practice; remedies concerning violations by unlicensed persons. - (1) No person or entity shall engage in any activity...

497.158 - Court enforcement actions; powers; abatement of nuisances. - (1) In addition to or in lieu of other actions...

497.159 - Crimes. - (1) The theft in whole or in part or the...

497.160 - Receivership proceedings. - (1) The department, with the approval of the board, may...

497.161 - Other rulemaking provisions. - (1) In addition to such other rules as are authorized...

497.162 - Health and safety education. - History.—s. 19, ch. 93-399; s. 70, ch. 94-119; s. 3,...

497.163 - Restriction on requirement of citizenship. - History.—s. 33, ch. 2004-301.

497.164 - Solicitation of goods or services. - (1) The board is authorized to adopt rules regulating the...

497.165 - Liability of owners, directors, and officers regarding trust funds. - History.—s. 5, ch. 78-407; ss. 22, 40, ch. 80-238; ss....

497.166 - Preneed sales. - (1) Regulation of preneed sales shall be as set forth...

497.167 - Administrative matters. - (1) The department shall establish and operate a toll-free telephone...

497.168 - Members of Armed Forces in good standing with administrative boards. - (1) Any reserve member of the Armed Forces of the...

497.169 - Private actions; actions on behalf of consumers; attorney’s fee. - (1) The Attorney General, or the department on behalf of...

497.170 - Unauthorized arrangements. - (1) Any arrangement to provide merchandise or services as defined...

497.171 - Identification of human remains. - (1) PRIOR TO FINAL DISPOSITION.— (a) This subsection shall apply...

497.172 - Public records exemptions; public meetings exemptions. - (1) EXAMINATION DEVELOPMENT MEETINGS.— (a) Those portions of meetings of...

Part II - Cemetery Regulation (Ss. 497.260-497.287)

497.260 - Cemeteries; exemption; investigation and mediation. - (1) The provisions of this chapter relating to cemeteries and...

497.261 - Existing companies, effect of this chapter. - History.—s. 6, ch. 59-363; s. 3, ch. 76-168; s. 1,...

497.262 - Duty of care and maintenance of licensed cemetery. - History.—s. 3, ch. 98-268; s. 44, ch. 2004-301; s. 125,...

497.263 - Cemetery companies; license required; licensure requirements and procedures. - (1) LICENSE REQUIRED.—No person may operate a cemetery without first...

497.264 - License not assignable or transferable. - (1) A license issued to operate a cemetery pursuant to...

497.265 - Annual license fees. - (1) The department shall collect from each cemetery company operating...

497.266 - Care and maintenance trust fund; remedy of department for noncompliance. - (1) A cemetery company may not establish a cemetery, or...

497.267 - Disposition of withdrawals from the care and maintenance trust fund; notice to purchasers and depositors. - History.—s. 13, ch. 59-363; s. 3, ch. 76-168; s. 1,...

497.2675 - Withdrawal methods from the care and maintenance trust fund. - (1) The board shall adopt rules, with the approval of...

497.268 - Care and maintenance trust fund, percentage of payments for burial rights to be deposited. - (1) Each cemetery company shall set aside and deposit in...

497.269 - Care and maintenance trust fund; financial reports. - History.—s. 15, ch. 59-363; s. 1, ch. 65-288; ss. 12,...

497.270 - Minimum acreage; sale or disposition of cemetery lands. - (1) No land in a licensed cemetery may be sold,...

497.271 - Standards for construction and significant alteration or renovation of mausoleums and columbaria. - (1) All newly constructed and significantly altered or renovated mausoleums...

497.272 - Construction of mausoleums, columbaria, and belowground crypts; preconstruction trust fund; compliance requirement. - (1) A cemetery company shall start construction of that section...

497.273 - Cemetery companies; authorized functions. - (1) Within the boundaries of the cemetery lands it owns,...

497.274 - Standards for grave spaces. - (1) A standard adult grave space shall measure at least...

497.276 - Records. - (1) A record shall be kept of every burial in...

497.2765 - Recording purchase of burial rights. - (1) Any person purchasing a burial right, belowground crypt, grave...

497.277 - Other charges. - (1) Charges paid for opening and closing a grave and...

497.278 - Monuments; installation fees. - (1) No cemetery company may charge a fee for the...

497.280 - Illegal tying arrangements. - (1) No person authorized to sell grave space may tie...

497.281 - Licensure of brokers of burial rights. - (1)(a) No person shall receive compensation to act as a...

497.282 - Disclosure of information to public. - (1) Provide by telephone, upon request, accurate information regarding the...

497.283 - Prohibition on sale of personal property or services. - (1) This section applies to all cemetery companies licensed pursuant...

497.284 - Abandoned cemeteries; immunity; actions. - (1) Notwithstanding any provision of law to the contrary, a...

497.285 - Inactive cemeteries. - (1) A licensee shall be considered inactive upon the acceptance...

497.286 - Owners to provide addresses; presumption of abandonment; abandonment procedures; sale of abandoned unused burial rights. - (1) For purposes of this section, all owners of burial...

497.287 - Report of identification of exempt cemeteries. - (1) All cemeteries in excess of 5 acres located in...

Part III - Funeral Directing, Embalming, and Related Services (Ss. 497.365-497.393)

497.365 - Licensure; inactive and delinquent status. - (1) This section shall apply only to licenses issued under...

497.366 - Licensure; renewal and cancellation notices. - (1) At least 90 days before the end of a...

497.368 - Embalmers; licensure as an embalmer by examination; provisional license. - (1) Any person desiring to be licensed as an embalmer...

497.369 - Embalmers; licensure as an embalmer by endorsement; licensure of a temporary embalmer. - (1) The licensing authority shall issue a license by endorsement...

497.370 - Embalmers; licensure of an embalmer intern. - (1)(a) Any person desiring to become an embalmer intern shall...

497.371 - Embalmers; establishment of embalmer apprentice program. - (1) The licensing authority adopts rules establishing an embalmer apprentice...

497.372 - Funeral directing; conduct constituting practice of funeral directing. - (1) The practice of funeral directing shall be construed to...

497.373 - Funeral directing; licensure as a funeral director by examination; provisional license. - (1) Any person desiring to be licensed as a funeral...

497.374 - Funeral directing; licensure as a funeral director by endorsement; licensure of a temporary funeral director. - (1) The licensing authority shall issue a license by endorsement...

497.375 - Funeral directing; licensure of a funeral director intern. - (1)(a) Any person desiring to become a funeral director intern...

497.376 - License as funeral director and embalmer permitted. - (1) This chapter does not prohibit a person from holding...

497.377 - Combination funeral director and embalmer internships. - (1) The internship requirements for a combination license as both...

497.378 - Renewal of funeral director and embalmer licenses. - (1) The licensing authority shall renew a funeral director or...

497.379 - Inactive status. - (1) A funeral director or embalmer license that has become...

497.380 - Funeral establishment; licensure; display of license. - (1) A funeral establishment shall be a place at a...

497.381 - Solicitation of goods or services. - (1) The licensing authority shall regulate such solicitation to protect...

497.382 - Reports of cases embalmed and bodies handled. - (1) Each funeral establishment, direct disposal establishment, cinerator facility, and...

497.383 - Additional rights of legally authorized persons. - (1) In addition to any other common law or statutory...

497.384 - Disinterment; transportation; authorization and notification. - (1) The disinterment and reinterment of human remains shall require...

497.385 - Removal services; refrigeration facilities; centralized embalming facilities. - (1) REMOVAL SERVICES AND REFRIGERATION SERVICES.— (a) Application for licensure...

497.386 - Storage, preservation, and transportation of human remains. - (1) A person may not store or maintain human remains...

497.387 - Unlawful to remove or embalm body without consent of proper official when crime is suspected. - History.—ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318;...

497.389 - Funeral establishments; cash advance accounts; escrow refund accounts. - (1) Funeral establishments may elect to maintain special, segregated bank...

497.390 - Reciprocity. - History.—ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318;...

497.391 - Exceptions. - (1) Nothing in this chapter may be construed to limit...

497.392 - Branch chapels. - History.—ss. 3, 4, ch. 79-231; s. 1, ch. 81-303; s....

497.393 - Licensure; military-issued credentials for licensure. - History.—s. 26, ch. 2018-7.

Part IV - Preneed Sales (Ss. 497.450-497.468)

497.450 - Preneed sales; chapter exclusive; applicability of other laws. - History.—ss. 21, 52, ch. 85-321; ss. 90, 122, ch. 93-399;...

497.451 - Insurance business not authorized. - History.—ss. 22, 52, ch. 85-321; ss. 91, 122, ch. 93-399;...

497.452 - Preneed license required. - (1)(a) No person, including any cemetery exempt under s. 497.260,...

497.453 - Application for preneed license, procedures and criteria; renewal; reports. - (1) PRENEED LICENSE APPLICATION PROCEDURES.— (a) A person seeking a...

497.454 - Approval of preneed contract and related forms. - (1) Preneed contract forms and related forms shall be filed...

497.455 - Nonconforming contracts. - History.—ss. 6, 17, ch. 88-139; ss. 95, 122, ch. 93-399;...

497.4555 - Charges for preneed contract. - History.—s. 23, ch. 2010-125.

497.456 - Preneed Funeral Contract Consumer Protection Trust Fund. - (1) There is hereby created in the department the Preneed...

497.457 - Ownership of proceeds received on contracts. - (1) Subject to the provisions of this chapter, all funds...

497.458 - Disposition of proceeds received on contracts. - (1)(a) Any person who is paid, collects, or receives funds...

497.459 - Cancellation of, or default on, preneed contracts; required notice. - (1) CANCELLATION BY CUSTOMER WITHIN 30 DAYS.—A purchaser, by providing...

497.460 - Payment of funds upon death of named beneficiary. - History.—s. 9, ch. 28211, 1953; s. 11, ch. 65-393; s....

497.462 - Other alternatives to deposits under s. 497.458. - (1)(a) As an alternative to the requirements of s. 497.458...

497.463 - Existing merchandise trust funds; proof of compliance with law. - History.—ss. 9, 10, ch. 88-227; s. 1, ch. 89-8; ss....

497.464 - Alternative preneed contracts. - (1) Nothing in this chapter shall prevent the purchaser and...

497.465 - Inactive, surrendered, and revoked preneed licensees. - (1) A preneed licensee shall be considered inactive upon the...

497.466 - Preneed sales agents, license required; application procedures and criteria; appointment of agents; responsibility of preneed licensee. - (1) GENERAL PROVISIONS APPLICABLE TO PRENEED SALES AGENTS.—All persons who...

497.467 - Acceptability of funeral and burial merchandise. - History.—s. 13, ch. 77-438; s. 2, ch. 81-318; ss. 21,...

497.468 - Disclosure of information to the public. - (1) Provide by telephone, upon request, accurate information regarding the...

Part V - Monument Establishments (Ss. 497.550-497.555)

497.550 - Licensure of monument establishments required; procedures and criteria. - (1) LICENSE REQUIRED.—No person shall conduct, maintain, manage, or operate...

497.551 - Renewal of monument establishment licensure. - (1) A monument establishment license shall be renewed biennially by...

497.552 - Required facilities. - (1) It shall include an office for the conduct of...

497.553 - Regulation of monument establishments. - (1) The Department of Financial Services shall establish and implement...

497.554 - Monument establishment sales representatives. - (1) LICENSE REQUIRED.—Each person selling monuments, markers, or related products...

497.555 - Required rules. - History.—s. 123, ch. 2004-301; s. 45, ch. 2005-155.

Part VI - Cremation, Crematories, and Direct Disposition (Ss. 497.601-497.609)

497.601 - Direct disposition; duties. - (1) Those individuals licensed as direct disposers may perform only...

497.602 - Direct disposers, license required; licensing procedures and criteria; regulation. - (1) LICENSE REQUIRED.—Any person who is not a licensed funeral...

497.603 - Direct disposers, renewal of license. - (1) A direct disposer’s license shall be renewed upon receipt...

497.604 - Direct disposal establishments, license required; licensing procedures and criteria; license renewal; regulation; display of license. - (1) LICENSE REQUIRED.—A direct disposer shall practice at a direct...

497.605 - Direct disposition not funeral directing. - History.—ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318;...

497.606 - Cinerator facility, licensure required; licensing procedures and criteria; license renewal; regulation. - (1) LICENSE REQUIRED.—No person may conduct, maintain, manage, or operate...

497.607 - Cremation; procedure required. - (1) At the time of the arrangement for a cremation...

497.608 - Liability for unintentional commingling of the residue of the cremation process. - (1) The Legislature recognizes that the unintentional or incidental commingling...

497.609 - Liability of direct disposers, direct disposal establishments, funeral directors, funeral establishments, and cinerator facilities regarding cremation. - History.—s. 11, ch. 2007-55.

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Florida Statutes Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations Chapter 497 - Funeral, Cemetery, and Consumer Services

Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 497 - Funeral, Cemetery, and Consumer Services