Chapter 497 Funeral, Cemetery, And Consumer Services
Part I - General Provisions (ss. 497.001-497.172)
- §497.001 Short title.
This chapter may be cited as the "Florida Funeral, Cemetery, and Consumer Services Act." History.--s. 1, ch. 59-363; s. 3, ch. 76-168; s. 1, ch....
- §497.002 Purpose and intent.
(1) The Legislature recognizes that purchasers of preneed burial rights, funeral or burial merchandise, or funeral or burial services may suffer serious economic harm if purchase...
- §497.0021 Applicability of parts.
The provisions of this part shall be applicable to and supplement the provisions of parts II, III, IV, V, and VI of this chapter and...
- §497.005 Definitions.
As used in this chapter: (1) "Alternative container" means an unfinished wood box or other nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining,...
- §497.101 Board of Funeral, Cemetery, and Consumer Services; membership; appointment; terms.
(1) The Board of Funeral, Cemetery, and Consumer Services is created within the Department of Financial Services and shall consist of 10 members, 9 of whom...
- §497.103 Authority of board and department; Chief Financial Officer recommendations.
(1) BOARD AUTHORITY.--Subject to the provisions of this section, all authority provided under this chapter, including rulemaking authority, relating to the following matters, is vested solely...
- §497.107 Headquarters.
The Board of Funeral, Cemetery, and Consumer Services may be contacted through the division at the headquarters of the department in the City of Tallahassee....
- §497.140 Fees.
(1)(a) As to any fee payable under this chapter as to which discretion is provided to the licensing authority to specify the amount of the fee...
- §497.141 Licensing; general application procedures.
(1) The provisions of this section shall supplement and implement all provisions of this chapter relating to application for licensure. (2) Any person desiring to be licensed...
- §497.142 Licensing; fingerprinting and criminal background checks.
(1) In any instance that this chapter requires submission of fingerprints in connection with an application for license, the provisions of this section shall apply. (2) The...
- §497.143 Licensing; limited licenses for retired professionals.
(1) It is the intent of the Legislature that, absent a threat to the health, safety, and welfare of the public, the use of retired professionals...
- §497.144 Licensing; examinations, general provisions.
(1) The department shall, with the approval of the board, provide, contract, or approve services for the development, preparation, administration, scoring, score reporting, and evaluation of...
- §497.145 Licensing; use of professional testing services.
Notwithstanding any other provision of law to the contrary, the department may use a professional testing service to prepare, administer, grade, and evaluate any computerized...
- §497.146 Licensing; address of record; changes; licensee responsibility.
Each licensee under this chapter is responsible for notifying the department in writing of the licensee's current business and residence mailing address and the street...
- §497.147 Continuing education; general provisions.
(1) As to any licensure under this chapter that requires prelicensure training or continuing education for renewal of a license, no such training or continuing education...
- §497.148 Continuing education; monitoring of compliance.
The department shall establish a system to monitor licensee compliance with applicable training and continuing education requirements and to determine each licensee's continuing education status....
- §497.149 Investigations, hearings, and inspections.
(1) INVESTIGATIONS.--Investigations shall be conducted by the department. The following provisions shall apply concerning investigations: (a) There shall be investigated all complaints directly or indirectly alleging violation...
- §497.150 Compliance examinations of existing licensees.
(1) There may be examined by the department the facilities, records, operations, trust accounts, and financial affairs of licensees under this chapter, as often as may...
- §497.151 Complaints; logs; procedures.
(1) This section shall be applicable to all entities licensed under this chapter. (2) Licensees shall cause to be maintained on a continuing basis a log of...
- §497.152 Disciplinary grounds.
This section sets forth conduct that is prohibited and that shall constitute grounds for denial of any application, imposition of discipline, or other enforcement action...
- §497.153 Disciplinary procedures and penalties.
(1) JURISDICTION OF LICENSING AUTHORITY TO INVESTIGATE AND PROSECUTE.--The expiration, nonrenewal, or surrender of licensure under this chapter shall not eliminate jurisdiction in the licensing authority...
- §497.154 Disciplinary guidelines.
(1) The board shall adopt, by rule, and periodically review the disciplinary guidelines applicable to each ground for disciplinary action which may be imposed by the...
- §497.155 Disciplinary citations and minor violations.
(1) CITATIONS.-- (a) Notwithstanding the provisions of s. 497.153, the board shall adopt rules to permit the issuance of citations. The citation shall be issued to the...
- §497.156 Emergency action against licensees.
In addition to or in lieu of other actions authorized under this chapter for the enforcement of this chapter, the department may issue emergency orders...
- §497.157 Unlicensed practice; remedies concerning violations by unlicensed persons.
(1) No person or entity shall engage in any activity for which a license is required under this chapter, without holding such licensure in good standing....
- §497.158 Court enforcement actions; powers; abatement of nuisances.
(1) In addition to or in lieu of other actions authorized by this chapter, the department may petition the courts of this state for injunctive or...
- §497.159 Crimes.
(1) The theft in whole or in part or the act of unauthorized reproducing, circulating, or copying of any questions or answers on, from, or for...
- §497.160 Receivership proceedings.
(1) The department, with the approval of the board, may petition the circuit courts of this state for appointment of a receiver of any licensee or...
- §497.161 Other rulemaking provisions.
(1) In addition to such other rules as are authorized or required under this chapter, the following additional rules, not inconsistent with this chapter, shall be...
- §497.162 Health and safety education.
All individuals not licensed under this chapter who intend to be employed as operational personnel affiliated with a direct disposal establishment, cinerator facility, removal service,...
- §497.163 Restriction on requirement of citizenship.
No person shall be disqualified from practicing an occupation or profession regulated by this chapter solely because she or he is not a United States...
- §497.164 Solicitation of goods or services.
(1) The board is authorized to adopt rules regulating the solicitation of sales of burial rights, merchandise, or services by licensees. (2) The board shall regulate such...
- §497.165 Liability of owners, directors, and officers regarding trust funds.
The owners, officers, and directors of any licensee under this chapter may be held jointly and severally liable for any deficiency in any trust fund...
- §497.166 Preneed sales.
(1) Regulation of preneed sales shall be as set forth in part IV of this chapter. No person may act as an agent for a preneed...
- §497.167 Administrative matters.
(1) The department shall establish and operate a toll-free telephone hotline to receive complaints and provide information relating to the regulation under this chapter. (2) The director...
- §497.168 Members of Armed Forces in good standing with administrative boards.
(1) Any reserve member of the Armed Forces of the United States, and any member of any element of the National Guard, now or hereafter called...
- §497.169 Private actions; actions on behalf of consumers; attorney's fee.
(1) The Attorney General, or the department on behalf of Florida residents, or any person may bring a civil action against a person or company violating...
- §497.170 Unauthorized arrangements.
(1) Any arrangement to provide merchandise or services as defined in this chapter, by which payment for such merchandise or services is to be paid for...
- §497.171 Identification of human remains.
(1) PRIOR TO FINAL DISPOSITION.-- (a) This subsection shall apply to licensees under parts III and VI. (b) The licensee in charge of the final disposition of dead...
- §497.172 Public records exemptions; public meetings exemptions.
(1) EXAMINATION DEVELOPMENT MEETINGS.--Those portions of meetings of the board at which licensure examination questions or answers under this chapter are discussed are exempt from s....
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 all rules adopted pursuant thereto shall apply to all cemeteries except for: (a) Religious institution cemeteries of...
- §497.261 Existing companies, effect of this chapter.
Cemetery companies existing on October 1, 1993, shall continue in full force and effect but shall be operated in accordance with the provisions of this...
- §497.262 Duty of care and maintenance of licensed cemetery.
Every cemetery company or other entity responsible for the care and maintenance of a licensed cemetery in this state shall ensure that the grounds, structures,...
- §497.263 Cemetery companies; license required; licensure requirements and procedures.
(1) LICENSE REQUIRED.--No person may operate a cemetery without first obtaining a license under this section, unless specifically exempted from this chapter. (2) APPLICATION PROCEDURES.-- (a) A person...
- §497.264 License not assignable or transferable.
(1) A license issued to operate a cemetery pursuant to this chapter is not transferable or assignable, and a licensee may not develop or operate any...
- §497.265 Annual license fees.
(1) The department shall collect from each cemetery company operating under the provisions of this chapter an annual license fee as follows: (a) For a cemetery with...
- §497.266 Care and maintenance trust fund; remedy of department for noncompliance.
(1) No cemetery company may establish a cemetery, or operate a cemetery if already established, without providing for the future care and maintenance of the cemetery,...
- §497.267 Disposition of income of care and maintenance trust fund; notice to purchasers and depositors.
The net income of the care and maintenance trust fund shall be used solely for the care and maintenance of the cemetery, including maintenance 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 its care and maintenance trust fund the following percentages or amounts for all sums received from...
- §497.269 Care and maintenance trust fund; financial reports.
On or before April 1 of each year, the trustee shall furnish adequate financial reports with respect to the care and maintenance trust fund utilizing...
- §497.270 Minimum acreage; sale or disposition of cemetery lands.
(1) No land in a licensed cemetery may be sold, mortgaged, leased, or encumbered without prior approval of the licensing authority pursuant to procedures specified by...
- §497.271 Standards for construction and significant alteration or renovation of mausoleums and columbaria.
(1) All newly constructed and significantly altered or renovated mausoleums and columbaria must, in addition to complying with applicable building codes, conform to the standards adopted...
- §497.272 Construction of mausoleums, columbaria, and belowground crypts; preconstruction trust fund; compliance requirement.
(1) A cemetery company shall start construction of that section of a mausoleum, columbarium, or bank of belowground crypts in which sales, contracts for sales, reservations...
- §497.273 Cemetery companies; authorized functions.
(1) Within the boundaries of the cemetery lands it owns, a cemetery company may perform the following functions: (a) The exclusive care and maintenance of the cemetery....
- §497.274 Standards for grave spaces.
(1) A standard adult grave space shall measure at least 42 inches in width and 96 inches in length, except for preinstalled vaults in designated areas....
- §497.276 Records.
(1) A record shall be kept of every burial in the cemetery of a cemetery company, showing the date of burial and the name of the...
- §497.2765 Recording purchase of burial rights.
(1) Any person purchasing a burial right, belowground crypt, grave space, mausoleum, columbarium, ossuary, or scattering garden for the interment, entombment, inurnment, or other disposition of...
- §497.277 Other charges.
Other than the fees for the sale of burial rights, burial merchandise, and burial services, no other fee may be directly or indirectly charged, contracted...
- §497.278 Monuments; installation fees.
(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...
- §497.280 Illegal tying arrangements.
(1) No person authorized to sell grave space may tie the purchase of any grave space to the purchase of a monument from or through the...
- §497.281 Licensure of brokers of burial rights.
(1) No person shall receive compensation to act as a third party to the sale or transfer of three or more burial rights in a 12-month...
- §497.282 Disclosure of information to public.
A licensee offering to provide burial rights, merchandise, or services to the public shall: (1) Provide by telephone, upon request, accurate information regarding the retail prices...
- §497.283 Prohibition on sale of personal property or services.
(1) This section applies to all cemetery companies licensed pursuant to this chapter that offer for sale or sell personal property or services which may be...
- §497.284 Abandoned cemeteries; immunity; actions.
(1) Notwithstanding any provision of law to the contrary, a county or municipality which has within its jurisdiction an abandoned cemetery or a cemetery that has...
- §497.285 Inactive cemeteries.
(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...
- §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 rights in any cemetery licensed under the provisions of this chapter shall have the legal duty...
- §497.287 Report of identification of exempt cemeteries.
(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...
Part III - Funeral Directing, Embalming, And Related Services
(ss. 497.365-497.392)
- §497.365 Licensure; inactive and delinquent status.
(1) This section shall apply only to licenses issued under this part. A licensee may practice a profession or occupation regulated under this part only if...
- §497.366 Licensure; renewal and cancellation notices.
(1) At least 90 days before the end of a licensure cycle, the licensing authority shall: (a) Forward a licensure renewal notification to an active or inactive...
- §497.367 Instruction on HIV and AIDS, funeral directors and embalmers.
(1) Each person licensed as a funeral director or embalmer under this chapter shall be required to complete an approved continuing educational course on human immunodeficiency...
- §497.368 Embalmers; licensure as an embalmer by examination; provisional license.
(1) Any person desiring to be licensed as an embalmer shall apply to the licensing authority to take the licensure examination. The licensing authority shall examine...
- §497.369 Embalmers; licensure as an embalmer by endorsement; licensure of a temporary embalmer.
(1) The licensing authority shall issue a license by endorsement to practice embalming to an applicant who has remitted an examination fee set by rule of...
- §497.370 Embalmers; licensure of an embalmer intern.
(1) Any person desiring to become an embalmer intern shall make application to the licensing authority on forms specified by rule, together with a nonrefundable fee...
- §497.371 Embalmers; establishment of embalmer apprentice program.
The licensing authority adopts rules establishing an embalmer apprentice program. An embalmer apprentice may perform only those tasks, functions, and duties relating to embalming which...
- §497.372 Funeral directing; conduct constituting funeral directing.
(1) The practice of funeral directing shall be construed to consist of the following functions, which may be performed only by a licensed funeral director: (a) Selling...
- §497.373 Funeral directing; licensure as a funeral director by examination; provisional license.
(1) Any person desiring to be licensed as a funeral director shall apply to the licensing authority to take the licensure examination. The licensing authority shall...
- §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 to practice funeral directing to an applicant who has remitted a fee set by rule of...
- §497.375 Funeral directing; licensure of a funeral director intern.
(1) Any person desiring to become a funeral director intern shall make application on forms as required by rule, together with a nonrefundable fee as determined...
- §497.376 License as funeral director and embalmer permitted; display of license.
(1) Nothing in this chapter may be construed to prohibit a person from holding a license as an embalmer and a license as a funeral director...
- §497.377 Concurrent internships.
The internship requirement for embalmers and funeral directors may be served concurrently pursuant to rules adopted by the licensing authority. History.--ss. 1, 5, ch. 79-231;...
- §497.378 Renewal of funeral director and embalmer licenses.
(1) There shall be renewed a funeral director or embalmer license upon receipt of the renewal application and fee set by the licensing authority not to...
- §497.379 Inactive status.
(1) A funeral director or embalmer license that has become inactive may be reactivated under s. 497.378 upon application to the licensing authority. The licensing authority...
- §497.380 Funeral establishment; licensure.
(1) A funeral establishment shall be a place at a specific street address or location consisting of at least 1,250 contiguous interior square feet and shall...
- §497.381 Solicitation of goods or services.
(1) The licensing authority shall adopt rules regulating the solicitation of goods or services by licensees. (2) The licensing authority shall regulate such solicitation to protect the...
- §497.382 Reports of cases embalmed and bodies handled.
(1) Each funeral establishment, direct disposal establishment, cinerator facility, and centralized embalming facility shall report on a form prescribed and furnished by the licensing authority the...
- §497.383 Additional rights of legally authorized persons.
(1) In addition to any other common law or statutory rights a legally authorized person may otherwise have, that person may authorize a funeral director or...
- §497.384 Disinterment; transportation; authorization and notification.
(1) The disinterment and reinterment of human remains shall require the physical presence of a licensed funeral director, unless the reinterment is to be made in...
- §497.385 Removal services; refrigeration facilities; centralized embalming facilities.
In order to ensure that the removal, refrigeration, and embalming of all dead human bodies is conducted in a manner that properly protects the public's...
- §497.386 Storage, preservation, and transportation of human remains.
(1) A person may not store or maintain human remains at any establishment or facility except an establishment or facility licensed under this chapter or a...
- §497.387 Unlawful to remove or embalm body without consent of proper official when crime is suspected.
It is unlawful for a licensee under this chapter to remove or embalm a dead human body when she or he has information indicating crime...
- §497.389 Funeral establishments; cash advance accounts; escrow refund accounts.
(1) Funeral establishments may elect to maintain special, segregated bank accounts to be used in conjunction with making cash advances to vendors. The money in such...
- §497.390 Reciprocity.
In order to ensure that funeral directors, embalmers, and direct disposers who are licensed in this state may be considered for licensure or registration in...
- §497.391 Exceptions.
(1) Nothing in this chapter may be construed to limit the sale of caskets, alternative containers, outer burial containers, or funeral merchandise by any person on...
- §497.392 Branch chapels.
Notwithstanding the provisions of s. 497.380, any licensed establishment operating a branch chapel on June 30, 1979, in accordance with the law then in effect,...
Part IV - Preneed Sales (ss. 497.450-497.468)
- §497.450 Preneed sales; chapter exclusive; applicability of other laws.
Except as provided in this chapter, preneed funeral merchandise or service contract businesses and preneed burial merchandise or service contract businesses shall be governed by...
- §497.451 Insurance business not authorized.
Nothing in the Florida Insurance Code or this chapter shall be deemed to authorize any preneed funeral merchandise or service contract business or any preneed...
- §497.452 Preneed license required.
(1)(a) No person, including any cemetery exempt under s. 497.260, may sell, advertise to sell, or make an arrangement for a preneed contract without first having...
- §497.453 Application for preneed license, procedures and criteria; renewal; reports.
(1) PRENEED LICENSE APPLICATION PROCEDURES.-- (a) A person seeking a license to enter into preneed contracts shall apply for such licensure using forms prescribed by rule. (b) The...
- §497.454 Approval of preneed contract and related forms.
(1) Preneed contract forms and related forms shall be filed with and approved by the licensing authority prior to use, pursuant to procedures specified by rule....
- §497.455 Nonconforming contracts.
Any preneed contract that requires the moneys paid to the seller or trustee to be placed in trust and fails to comply with s. 497.458...
- §497.456 Preneed Funeral Contract Consumer Protection Trust Fund.
(1) There is hereby created in the department the Preneed Funeral Contract Consumer Protection Trust Fund to be administered and regulated by the licensing authority. (2) Within...
- §497.457 Ownership of proceeds received on contracts.
(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...
- §497.458 Disposition of proceeds received on contracts.
(1)(a) Any person who is paid, collects, or receives funds under a preneed contract for funeral services or merchandise or burial services or merchandise shall deposit...
- §497.459 Cancellation of, or default on, preneed contracts.
(1) CANCELLATION BY CUSTOMER WITHIN 30 DAYS.--A purchaser, by providing written notice to the preneed licensee, may cancel a preneed contract within 30 days of the...
- §497.460 Payment of funds upon death of named beneficiary.
Disbursements of funds discharging any preneed contract fulfilled after September 30, 1993, shall be made by the trustee to the preneed licensee upon receipt of...
- §497.461 Surety bonding as alternative to trust deposit.
(1) In lieu of depositing funds into a trust as required by s. 497.458(1) or s. 497.464, a preneed licensee may elect annually, at its discretion,...
- §497.462 Other alternatives to deposits under s. 497.458.
(1)(a) As an alternative to the requirements of s. 497.458 that relate to trust funds for contracts written prior to July 1, 2001, or that relate...
- §497.463 Existing merchandise trust funds; proof of compliance with law.
The preneed licensee shall present to the licensing authority prior to the implementation of the alternatives provided in s. 497.462 documentation which demonstrates that the...
- §497.464 Alternative preneed contracts.
(1) Nothing in this chapter shall prevent the purchaser and the preneed licensee from executing a preneed contract upon the terms stated in this section. Such...
- §497.465 Inactive, surrendered, and revoked preneed licensees.
(1) A preneed licensee shall be considered inactive upon the acceptance of the surrender of its license by the licensing authority or upon the nonreceipt by...
- §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 offer preneed contracts to the public, or who execute preneed contracts on behalf of a preneed...
- §497.467 Acceptability of funeral and burial merchandise.
Each person who engages in preneed sales of funeral or burial merchandise shall determine, and notify the purchaser in writing prior to the completion of...
- §497.468 Disclosure of information to the public.
A preneed licensee offering to provide burial rights, merchandise, or services to the public shall: (1) Provide by telephone, upon request, accurate information regarding the retail...
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 a monument establishment in this state unless the monument establishment is licensed pursuant to this part....
- §497.551 Renewal of monument establishment licensure.
(1) A monument establishment license shall be renewed biennially by the licensee. (2) A monument establishment licensee shall renew its monument establishment license by payment of a...
- §497.552 Required facilities.
Effective January 1, 2006, a monument establishment shall at all times have and maintain a full-service place of business at a specific street address or...
- §497.553 Regulation of monument establishments.
(1) The Department of Financial Services shall establish and implement an inspection program for all monument establishments in accordance with the requirements of this act. The...
- §497.554 Monument establishment sales representatives.
(1) LICENSE REQUIRED.--Each person selling monuments, markers, or related products for a monument establishment must be licensed as a monument establishment sales agent. This requirement shall...
- §497.555 Required rules.
Rules shall be adopted establishing minimum standards for access to all cemeteries by licensed monument establishments for the purpose of delivering and installing markers and...
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 those functions set forth below: (a) Remove human remains from the place of death and store human...
- §497.602 Direct disposers, license required; licensing procedures and criteria; regulation.
(1) LICENSE REQUIRED.--Any person who is not a licensed funeral director and who engages in the practice of direct disposition must be licensed pursuant to this...
- §497.603 Direct disposers, renewal of license.
(1) A direct disposer's license shall be renewed upon receipt of the renewal application and fee set by rule of the licensing authority but not to...
- §497.604 Direct disposal establishments, license required; licensing procedures and criteria; license renewal; regulation.
(1) LICENSE REQUIRED.--A direct disposer shall practice at a direct disposal establishment which has been licensed under this section and which may be a cinerator facility...
- §497.605 Direct disposition not funeral directing.
The duties, functions, and services performed by a direct disposer licensee, as provided by this chapter, shall not be deemed to constitute funeral directing or...
- §497.606 Cinerator facility, licensure required; licensing procedures and criteria; license renewal; regulation.
(1) LICENSE REQUIRED.--No person may conduct, maintain, manage, or operate a cinerator facility unless a license for such facility has been issued and is in good...
- §497.607 Cremation; procedure required.
(1) At the time of the arrangement for a cremation performed by any person licensed pursuant to this chapter, the person contracting for cremation services shall...
- §497.608 Liability for unintentional commingling of the residue of the cremation process.
(1) The Legislature recognizes that the unintentional or incidental commingling of the residue of the cremation of human remains is an inevitable byproduct of the cremation...
- §497.609 Liability of direct disposers, direct disposal establishments, funeral directors, funeral establishments, and cinerator facilities regarding cremation.
If a direct disposer, direct disposal establishment, funeral director, funeral establishment, or cinerator facility is given a copy of the deceased's declaration of intent to...
