Florida Statutes - Regulation Of Trade, Commerce, Investments, And Solicitations

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• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.001; Definitions.
  As used in ss. 494.001-494.0077, the term: (1) "Act as a correspondent mortgage lender" means to make a mortgage loan. (2) "Act ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0011; Powers and duties of the commission and office.
  (1) The office shall be responsible for the administration and enforcement of ss. 494.001-494.0077. (2) The commission may adopt rules pursuant to ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0012; Investigations; complaints; examinations.
  (1) The office may conduct an investigation of any person whenever the office has reason to believe, either upon complaint or otherwise, that any violation ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00125; Confidentiality of information relating to investigations and examinations.
  (1)(a) Except as otherwise provided by this section, information relative to an investigation or examination by the office pursuant to this chapter, including any ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0013; Injunction to restrain violations.
  (1) The office may bring action through its own counsel in the name and on behalf of the state against any person who has violated ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0014; Cease and desist orders; refund orders.
  (1) The office has the power to issue and serve upon any person an order to cease and desist and to take corrective action whenever ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0015; Evidence; examiner's worksheets, investigative reports, other related documents.
  In any hearing in which the financial examiner acting under authority of ss. 494.001-494.0077 is available for cross-examination, any official written ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0016; Books, accounts, and records; maintenance; examinations by the office.
  (1) Each licensee shall maintain, at the principal place of business designated on the license, all books, accounts, records, and documents necessary to determine the ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00165; Prohibited advertising; record requirements.
  (1) It is a violation of this chapter for any person to: (a) Advertise that an applicant will have unqualified access to credit without disclosing ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0017; Regulatory Trust Fund.
  (1) The office shall pay valid claims arising under former ss. 494.042, 494.043, and 494.044, as provided in former s. 494.00171 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0018; Penalties.
  (1) Whoever knowingly violates any provision of s. 494.0041(2)(e), (f), or (g); s. 494.0072(2)(e), (f), or (g); or s. ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0019; Liability in case of unlawful transaction.
  (1) If a mortgage transaction is made in violation of any provision of ss. 494.001-494.0077, the person making the transaction and every ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.002; Statutory or common-law remedies.
  Nothing in ss. 494.001-494.0077 limits any statutory or common-law right of any person to bring any action in any court for ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0021; Public records.
  All audited financial statements submitted pursuant to ss. 494.001-494.0077 are confidential and exempt from the requirements of s. 119.07(1), except ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0022; Applicability of act.
  Failure to comply with the provisions of ss. 494.001-494.0077 does not affect the validity or enforceability of any mortgage loan; and no ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0023; Conflicting interest.
  (1) If, in a mortgage transaction, a licensee has a conflicting interest as specified in subsection (2): (a) The type of conflicting interest shall be ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0024; Waiver.
  Unless otherwise indicated, any waiver of ss. 494.001-494.0077 is unenforceable and ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0025; Prohibited practices.
  It is unlawful for any person: (1) To act as a mortgage lender in this state without a current, active license issued by the office ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0026; Disposition of insurance proceeds.
  The following provisions apply to mortgage loans held by a mortgagee or assignee that is subject to ss. 494.003-494.0077. (1) The mortgagee ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0028; Arbitration.
  (1) This section applies to any mortgage brokerage agreement, servicing agreement, loan application, or purchase agreement which provides for arbitration between: (a) A noninstitutional investor ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0029; Mortgage business schools.
  (1)(a) Each person, school, or institution, except accredited colleges, universities, community colleges, and career centers in this state, which offers or conducts mortgage business ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00295; Professional continuing education.
  (1) Mortgage brokers, and the principal representatives and loan originators of a mortgage lender, correspondent mortgage lender, or mortgage lender pursuant to s. 494.0065, ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.003; Exemptions.
  (1) None of the following persons is subject to the requirements of ss. 494.003-494.0043: (a) Any person licensed under ss. 494.006-...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0031; Licensure as a mortgage brokerage business.
  (1) Each person who acts as a mortgage brokerage business must be licensed under this section unless otherwise exempt from licensure. (2) Each initial application ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0032; Renewal of mortgage brokerage business license or branch office license.
  (1) The office shall renew a mortgage brokerage business license upon receipt of a completed renewal form and payment of a nonrefundable renewal fee of $...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0033; Mortgage broker's license.
  (1) Each natural person who acts as a mortgage broker for a mortgage brokerage business or acts as an associate for a mortgage lender or ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00331; Mortgage broker association.
  No person required to be licensed as a mortgage broker under this chapter shall be simultaneously an associate of more than one licensed mortgage brokerage ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0034; Renewal of mortgage broker's license.
  (1) The office shall renew a mortgage broker license upon receipt of the completed renewal form, certification of compliance with continuing education requirements of s. ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0035; Principal broker and branch broker requirements.
  (1) Each mortgage brokerage business must have a principal broker who shall operate the business under such broker's full charge, control, and supervision. The ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0036; Mortgage brokerage business branch offices.
  (1) A mortgage brokerage business branch office license is required for each branch office maintained by a mortgage brokerage business. (2) The office shall issue ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0038; Mortgage broker disclosures.
  (1)(a) A person may not receive a fee for acting as a mortgage brokerage business except pursuant to a written agreement between the mortgage ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0039; Principal place of business requirements.
  Each mortgage brokerage business licensee shall maintain and transact business from a principal place of ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.004; Requirements of licensees.
  (1) Each licensee under ss. 494.003-494.0043 shall report, in writing, any conviction of, or plea of nolo contendere to, regardless of adjudication, ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0041; Administrative penalties and fines; license violations.
  (1) Whenever the office finds a person in violation of an act specified in subsection (2), it may enter an order imposing one or more ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0042; Brokerage fees.
  (1) A mortgage brokerage fee earned by a licensee, pursuant to ss. 494.003-494.0043, is not considered interest or a finance charge under ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00421; Fees earned upon obtaining a bona fide commitment.
  Notwithstanding the provisions of ss. 494.001-494.0077, any mortgage brokerage business which contracts to receive from a borrower a mortgage brokerage fee upon ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0043; Requirements for brokering loans to noninstitutional investors.
  (1) A mortgage broker, when arranging a mortgage loan for a noninstitutional investor, shall: (a) Before any payment of money by a noninstitutional investor, provide ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.006; Exemptions.
  (1) None of the following persons are subject to the requirements of ss. 494.006-494.0077 in order to act as a mortgage lender ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0061; Mortgage lender's license requirements.
  (1) Each person who acts as a mortgage lender must be licensed under this section unless otherwise exempt from licensure. (2) Each initial application for ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0062; Correspondent mortgage lender's license requirements.
  (1) Each person who acts as a correspondent mortgage lender must be licensed under this section unless otherwise exempt from licensure. (2) Each initial application ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0063; Audited financial statements.
  All audited financial statements required by ss. 494.001-494.0077 must be prepared by an independent licensed certified public ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0064; Renewal of mortgage lender's license; branch office license renewal.
  (1)(a) The office shall renew a mortgage lender license upon receipt of a completed renewal form and the nonrefundable renewal fee of $575. The ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0065; Saving clause.
  (1)(a) Any person in good standing who holds an active registration pursuant to former s. 494.039 or license pursuant to former s. 521....
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0066; Branch offices.
  (1) A branch office license is required for each branch office maintained by a licensee under ss. 494.006-494.0077. (2) The office shall ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0067; Requirements of licensees under ss. 494.006-494.0077.
  (1) Each licensee under ss. 494.006-494.0077 which makes mortgage loans on real estate in this state shall transact business from a principal ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0068; Loan application process.
  (1) In addition to the requirements set forth in s. 494.0067(8), before accepting an application fee in whole or in part, a credit ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0069; Lock-in agreement.
  (1) Each lock-in agreement must be in writing and must contain: (a) The expiration date of the lock-in, if any; (b) The interest ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.007; Commitment process.
  (1) If a commitment is issued, the lender shall disclose in writing: (a) The expiration date of the commitment; (b) The mortgage amount, meaning the ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0071; Expiration of lock-in agreement or commitment.
  If a lock-in agreement has been executed and the loan does not close before the expiration date of either the lock-in agreement or ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0072; Administrative penalties and fines; license violations.
  (1) Whenever the office finds a person in violation of an act specified in subsection (2), it may enter an order imposing one or more ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00721; Net worth.
  (1) The net worth requirements required in ss. 494.0061, 494.0062, and 494.0065 shall be continually maintained as a condition of licensure. (2) ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0073; Mortgage lender or correspondent mortgage lender when acting as a mortgage brokerage business.
  Sections 494.006-494.0077 do not prohibit a mortgage lender or correspondent mortgage lender from acting as a mortgage brokerage business. However, in mortgage ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0074; Lender fees and charges.
  (1) In a mortgage financing transaction, fees designated as loan origination fees, up to 4 percent of the face amount of the loan or line ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0075; Requirements for selling loans to noninstitutional investors.
  (1) A mortgage lender, when selling a mortgage loan to a noninstitutional investor, shall: (a) Before any payment of money by a noninstitutional investor, provide ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0076; Servicing audits.
  (1)(a) Each licensee under ss. 494.006-494.0077 which services mortgage loans shall: 1. Maintain a segregated set of records for accounts that ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0077; Other products and services.
  Sections 494.006-494.0077 do not prohibit a mortgage lender from offering, for a fee or commission, products and services in addition to those ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0078; Short title; purposes.
  (1) This act shall be known as the "Florida Fair Lending Act." (2)(a) The Legislature finds that abusive mortgage lending has become a problem ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0079; Definitions.
  As used in this act: (1) "Affiliate" means any company that controls, is controlled by, or is in common control with another company, as set ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00791; Prohibited acts.
  (1) PREPAYMENT PENALTIES.-- (a) A high-cost home loan may not contain terms that require a borrower to pay a prepayment penalty for paying all ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00792; Required disclosures for high-cost home loans.
  (1) In addition to other disclosures required by law and in conspicuous type: (a) Notice to borrower.--A lender making a high-cost home loan ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00793; Liability of purchasers and assignees.
  Any person who purchases or is otherwise assigned a high-cost home loan shall be subject to all claims and defenses with respect to that ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00794; Right to cure high-cost home loans.
  (1) RIGHT TO REINSTATE.--For a high-cost home loan, if a lender asserts that grounds for acceleration exist and requires the payment in full ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00795; Powers and duties of the commission and office; investigations; examinations; injunctions; orders.
  (1)(a) The commission and office are responsible for the administration and enforcement of this act. (b) The commission may adopt rules pursuant to ss. ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00796; Enforcement.
  (1) Any person or the agent, officer, or other representative of any person committing a material violation of the provisions of this act shall forfeit ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.00797; General rule.
  All counties and municipalities of this state are prohibited from enacting and enforcing ordinances, resolutions, and rules regulating financial or lending activities, including ordinances, resolutions, ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.008; Mortgages offered by land developers licensed pursuant to the Florida Uniform Land Sales Practices Law; requirements; prohibitions.
  No mortgage loan which has a face amount of $35,000 or less and is secured by vacant land registered under the Florida Uniform Land ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.001; Short title.
  This chapter may be cited as the "Registration and Protection of Trademarks ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.011; Definitions.
  As used in this chapter: (1) "Abandoned" applies to a mark when either of the following occurs: (a) When its use has been discontinued with ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.021; Registrability.
  (1) A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.031; Application for registration.
  (1) Subject to the limitations set forth in this chapter, any person who uses a trademark or service mark in this state may file with ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.035; Filing of applications.
  (1) Upon the receipt of an application for registration and payment of the application fee, the department may cause the application to be examined for ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.041; Use by related companies.
  Where a mark registered or unregistered is or may be used legitimately by related companies, such use shall inure to the benefit of the owner ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.051; Disclaimers.
  (1) The Department of State may require the applicant for registration to disclaim an unregistrable component of a mark otherwise registrable. An applicant may voluntarily ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.061; Certificate of registration.
  (1) Upon compliance by the applicant with the requirements of this chapter, the department shall cause a certificate of registration to be issued and delivered ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.071; Duration and renewal.
  (1) Registration of a mark hereunder shall be effective for a term of 5 years from the date of registration and, upon application filed within ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.081; Assignments; changes of name; security interests.
  (1) A registered mark or a mark for which an application for registration has been filed shall be assignable with the goodwill of the business ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.091; Records.
  The department shall keep for public examination a record of all marks registered or renewed under this chapter, including all documents recorded under s. 495....
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.101; Cancellation.
  The department shall cancel from the register: (1) Any registration for which the department has received a voluntary request for cancellation by the registrant, which ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.111; Classification.
  (1) The following general classes of goods and services, conforming to the classification adopted by the United States Patent and Trademark Office, are established for ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.121; Fraudulent registration.
  Any person who shall for herself or himself, or on behalf of any other person, procure the filing or registration of any mark with the ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.131; Infringement.
  Subject to the provisions of s. 495.161, any person who shall, without the consent of the registrant: (1) Use any reproduction, counterfeit, copy, or ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.141; Remedies.
  (1) Any owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.145; Forum for actions regarding registration.
  An action seeking cancellation of a registration of a mark registered under this chapter may be brought in any court of competent jurisdiction in this ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.151; Dilution.
  (1) The owner of a mark that is famous in this state shall be entitled, subject to the principles of equity and upon such terms ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.161; Common-law rights.
  Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.171; Effective date; repeal of conflicting acts.
  (1) This chapter, as amended by this act, shall be in force and take effect January 1, 2007, but shall not affect any suit, proceeding, ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.181; Construction of chapter.
  The intent of this chapter is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 495.191; Fees.
  Filing and other applicable fees payable to the department under this chapter shall be as follows: (1) Application filing fee: $87.50 per class. (2) ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.401; Short title.
  Sections 496.401-496.424 may be cited as the "Solicitation of Contributions ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.402; Legislative intent.
  It is the intent of the Legislature to recognize the right of persons or organizations to conduct solicitation activities. It is also the intent of ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.403; Application.
  Sections 496.401-496.424 do not apply to bona fide religious institutions, educational institutions, and state agencies or other government entities or persons or ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.404; Definitions.
  As used in ss. 496.401-496.424: (1) "Charitable organization" means any person who is or holds herself or himself out to be established ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.405; Registration statements by charitable organizations and sponsors.
  (1)(a) A charitable organization or sponsor, unless exempted pursuant to s. 496.406, which intends to solicit contributions in this state by any means ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.406; Exemption from registration.
  The following charitable organizations and sponsors are exempt from the requirements of s. 496.405: (1) A person who is soliciting for a named individual, ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.407; Financial report.
  (1) A charitable organization or sponsor that is required to initially register or annually renew registration must file an annual financial report for the immediately ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.409; Registration and duties of professional fundraising consultant.
  (1) A person may not act as a professional fundraising consultant unless he or she has first complied with the requirements of ss. 496.401-...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.410; Registration and duties of professional solicitors.
  (1) No person may act as a professional solicitor unless the person has first complied with the requirements of ss. 496.401-496.424 and ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.411; Disclosure requirements and duties of charitable organizations and sponsors.
  (1) A charitable organization or sponsor may solicit contributions only for the purpose expressed in the solicitation for contributions or the registration statement of the ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.412; Disclosure requirements and duties of professional solicitors.
  (1) A professional solicitor must comply with and be responsible for complying or causing compliance with the following disclosures: (a) Prior to orally requesting a ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.413; Contributions solicited for or accepted on behalf of a named individual.
  (1) Contributions solicited for, or accepted by or on behalf of, a named individual must be deposited in a trust account opened by a trustee ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.414; Duties of commercial co-venturers.
  (1) Prior to the commencement of any charitable or sponsor sales promotion in this state conducted by a commercial co-venturer on behalf of a ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.415; Prohibited acts.
  It is unlawful for any person in connection with the planning, conduct, or execution of any solicitation or charitable or sponsor sales promotion to: (1) ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.416; Violation as deceptive or unfair trade practice.
  Any person who commits an act or practice that violates any provision of ss. 496.401-496.424 commits an unfair or deceptive act or ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.417; Criminal penalties.
  Except as otherwise provided in ss. 496.401-496.424, and in addition to any administrative or civil penalties, any person who willfully and knowingly ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.418; Records.
  Each charitable organization, sponsor, professional fundraising consultant, and professional solicitor must keep for a period of at least 3 years true and accurate records as ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.419; Powers of the department.
  (1) The department may conduct an investigation of any person or organization whenever there is an appearance, either upon complaint or otherwise, that a violation ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.420; Civil remedies and enforcement.
  (1) In addition to other remedies authorized by law, the department may bring a civil action in circuit court to enforce ss. 496.401-496....
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.421; More stringent local provisions not preempted by ss. 496.401-496.424.
  Sections 496.401-496.424 do not preempt more stringent county or municipal provisions or restrict local units of government from adopting more stringent provisions, ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.422; Duties of the Department of State.
  The Department of State shall include in the materials it sends to persons or organizations seeking to register as nonprofit corporations, pursuant to chapter 617, ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.423; Public information; annual report.
  (1) The department shall develop a public information program, which should include a plan to distribute information to the public, to further the purposes of ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.424; Rulemaking authority.
  The department has the authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of ss. 496.401-...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.425; Solicitation of funds within public transportation facilities.
  (1) As used in this section: (a) "Authority" means this state or any agency thereof, a county or municipality, or any entity established by law ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.4255; Public airport not required to grant permit or access.
  Notwithstanding s. 496.425, a governmental entity or authority that owns or operates an airport, as defined in s. 332.01, may not be required ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 496.426; Registration and solicitation requirements.
  (1) In addition to the other requirements of this chapter, a sponsor is eligible to register and solicit contributions in this state only if the ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.001; Short title.
  This chapter may be cited as the "Florida Funeral, Cemetery, and Consumer Services ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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. (...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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, ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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. (...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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, ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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, ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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: (...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.377; Concurrent internships.
  The internship requirement for embalmers and funeral directors may be served concurrently pursuant to rules adopted by the licensing ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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'...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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....
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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. (...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 497.461; Surety bonding as alternative to trust deposit.
  (1) In lieu of depositing funds into a trust as required by s. 497.548(1) or s. 497.464, a preneed licensee may elect ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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, ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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. ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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. ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 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 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.001; Short title.
  This chapter may be cited as the "Florida Uniform Land Sales Practices ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.003; Legislative intent.
  (1) The Legislature expressly recognizes that the disposition of any interest in subdivided lands has a vital impact on Florida's economy and that such ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.005; Definitions.
  As used in this chapter, unless the context otherwise requires, the term: (1) "Advertising" means the publication of or the causing to be published of ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.007; General powers and duties.
  (1) The division has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to administer the provisions of this act. (2) ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.009; Offices.
  (1) The executive offices of the division shall be established and maintained in Tallahassee. (2) The division may establish and maintain branch ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.011; Payment of per diem, mileage, and other expenses to division employees.
  The amount of per diem and mileage and expense money paid to employees shall be as provided in s. 112.061, except that the division ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.013; Seal and authentication of records.
  The division shall adopt a seal by which it shall authenticate its records. Copies of the records of the division, and certificates purporting to relate ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.017; Fees.
  The division shall charge fees as follows: (1) A base fee of $450 per subdivision registration application plus a fee of $4 for each of ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.019; Division of Florida Land Sales, Condominiums, and Mobile Homes Trust Fund.
  (1) There is created within the State Treasury the Division of Florida Land Sales, Condominiums, and Mobile Homes Trust Fund to be used for the ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.021; Jurisdiction.
  The dispositions of subdivided lands are subject to this chapter, and the circuit courts of this state have jurisdiction in claims or causes of action ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.022; Jurisdiction over fraudulent acts.
  (1) It shall be unlawful and a violation of this chapter for a person to offer or dispose of 5 or more lots, parcels, units, ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.023; Prohibitions on dispositions of interests in subdivided lands.
  Unless the subdivided lands or the transaction is exempt pursuant to s. 498.025: (1) No person shall, unless the person has a valid order ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.024; Reservations.
  (1) Notwithstanding s. 498.023, prior to filing an application for registration pursuant to s. 498.027, a subdivider may file an application for a ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.025; Exemptions.
  (1) Except as provided in s. 498.022, the provisions of this chapter do not apply to: (a) The offer or disposition of an interest ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.027; Application for registration.
  (1) The application for registration of subdivided lands shall be filed as prescribed by the rules of the division and shall contain any of the ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.028; Contracts and conveyance instruments.
  The contract for purchase of subdivided lands shall contain, and the subdivider shall comply with, the following provisions: (1) The purchaser shall have an absolute ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.029; Notice of filing and registration.
  (1) Upon receipt of the application for registration in proper form, the division shall issue a notice of filing to the applicant. Within 30 days ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.031; Inquiry and examination.
  (1) Upon receipt of an application for registration in proper form and if subject to the provisions of s. 498.039, the division shall conduct ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.033; Registration of subdivided lands.
  (1) After an order of registration has been issued, the registrant shall comply with all obligations contained in the purchase contract, public offering statement, and ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.035; Advertising material.
  (1) The division, by rule or order, may require the filing for approval of advertising material relating to subdivided lands prior to distribution of the ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.037; Public offering statement.
  (1) Any public offering statement shall disclose fully and accurately the physical characteristics of the subdivided lands and shall make known to prospective purchasers all ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.039; Certain assurances or trust and escrow accounts required; reports required.
  (1) The division shall require each registrant offering property subject to an encumbrance to establish and maintain an escrow account with an escrow agent in ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.041; Annual renewal; termination of registration.
  (1) Each registrant shall annually renew each order of registration it holds until the registration is revoked or terminated by the division. The annual renewal ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.047; Investigations.
  (1) The division may: (a) Make necessary public or private investigations within or outside of this state to determine whether any person has violated or ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.049; Suspension; revocation; civil penalties.
  (1) The division may revoke or suspend a registration upon finding that the registrant has: (a) Failed to comply with the terms of any written ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.051; Cease and desist orders.
  (1) The division may issue an order requiring a person to cease and desist, and to take such affirmative action as will carry out the ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.053; Notices to show cause.
  In addition to the authority of the division to issue a notice to show cause pursuant to other sections of this chapter or pursuant to ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.057; Service of process.
  (1) In addition to the methods of service provided for in the Florida Rules of Civil Procedure and the Florida Statutes, service may be made ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.059; Penalties.
  A person is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.061; Civil remedy.
  (1) Any subdivider who disposes of any interest in subdivided lands in violation of s. 498.023, or who in disposing of any interest falsifies ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 498.063; Saving clause.
  (1) Any application for registration of subdivided lands for which the division has issued a notice of filing before the effective date of this act ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.001; Florida Drug and Cosmetic Act; short title.
  Sections 499.001-499.081 may be cited as the "Florida Drug and Cosmetic ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.002; Purpose of ss. 499.001-499.081.
  Sections 499.001-499.081 are intended to: (1) Safeguard the public health and promote the public welfare by protecting the public from injury by ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.003; Definitions of terms used in ss. 499.001-499.081.
  As used in ss. 499.001-499.081, the term: (1) "Advertisement" means any representation disseminated in any manner or by any means, other than ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.004; Administration and enforcement by department.
  The Department of Health shall administer and enforce ss. 499.001-499.081 to prevent fraud, adulteration, misbranding, or false advertising in the preparation, manufacture, ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.005; Prohibited acts.
  It is unlawful for a person to perform or cause the performance of any of the following acts in this state: (1) The manufacture, repackaging, ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0051; Criminal acts involving contraband or adulterated drugs.
  (1) FAILURE TO MAINTAIN OR DELIVER PEDIGREE PAPERS.-- (a) A person, other than a manufacturer, engaged in the wholesale distribution of legend drugs who fails ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0052; Trafficking in contraband legend drugs.
  A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of any amount ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0053; Power to administer oaths, take depositions, and issue and serve subpoenas.
  For the purpose of any investigation or proceeding conducted by the department under ss. 499.001-499.081, the department may administer oaths, take depositions, ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.00535; Sale or purchase of contraband legend drugs resulting in great bodily harm.
  A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of any amount ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0054; Advertising and labeling of drugs, devices, and cosmetics.
  It is a violation of the Florida Drug and Cosmetic Act to perform or cause the performance of any of the following acts: (1) The ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.00545; Sale or purchase of contraband legend drugs resulting in death.
  A person who knowingly manufactures, sells, purchases, delivers, or brings into this state, or who is knowingly in actual or constructive possession of any amount ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0055; False or misleading advertisement.
  In determining whether an advertisement is false or misleading, the department shall review the representations made or suggested by statement, word, design, device, sound, or ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0057; Advertisement exemptions.
  (1) An advertisement that is not prohibited under s. 499.0054(1) is not prohibited under s. 499.0054(7) if it is disseminated to ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.006; Adulterated drug or device.
  A drug or device is adulterated: (1) If it consists in whole or in part of any filthy, putrid, or decomposed substance; (2) If it ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.007; Misbranded drug or device.
  A drug or device is misbranded: (1) If its labeling is in any way false or misleading. (2) Unless, if in package form, it bears ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.008; Adulterated cosmetics.
  A cosmetic is adulterated: (1) If it bears or contains any poisonous or deleterious substance that is injurious to users under the conditions of use ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.009; Misbranded cosmetics.
  A cosmetic is misbranded: (1) If its labeling is false or misleading in any particular. (2) Unless, if in package form, it bears a label ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.01; Permits; applications; renewal; general requirements.
  (1) Prior to operating, a permit is required for each person and establishment that intends to operate as: (a) A prescription drug manufacturer; (b) A ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.012; Wholesale distribution; definitions; permits; applications; general requirements.
  (1) As used in this section, the term: (a) "Wholesale distribution" means distribution of prescription drugs to persons other than a consumer or patient, but ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.01201; Agency for Health Care Administration review and use of statute and rule violation or compliance data.
  Notwithstanding any other provisions of law to the contrary, the Agency for Health Care Administration may not: (1) Review or use any violation or alleged ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0121; Storage and handling of prescription drugs; recordkeeping.
  The department shall adopt rules to implement this section as necessary to protect the public health, safety, and welfare. Such rules shall include, but not ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.01211; Drug Wholesaler Advisory Council.
  (1) There is created the Drug Wholesaler Advisory Council within the department. The council shall meet at least once each calendar quarter. Staff for the ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0122; Medical oxygen and veterinary legend drug retail establishments; definitions, permits, general requirements.
  (1) As used in this section, the term: (a) "Medical oxygen retail establishment" means a person licensed to sell medical oxygen to patients only. The ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.013; Manufacturers and repackagers of drugs, devices, and cosmetics; definitions, permits, and general requirements.
  (1) As used in this section, the terms "manufacture" and "repackage" have the meaning as in s. 499.003. A pharmacy is exempt from these ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.014; Distribution of legend drugs by hospitals, health care entities, charitable organizations, and return or destruction companies; permits, general requirements.
  (1) A restricted prescription drug distributor permit is required for any person that engages in the distribution of a legend drug, which distribution is not ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.015; Registration of drugs, devices, and cosmetics; issuance of certificates of free sale.
  (1)(a) Except for those persons exempted from the definition in s. 499.003(28), any person who manufactures, packages, repackages, labels, or relabels a ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.023; New drugs; sale, manufacture, repackaging, distribution.
  A person may not sell, offer for sale, hold for sale, manufacture, repackage, distribute, or give away any new drug unless an approved application has ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.024; Drug product classification.
  The secretary shall adopt rules to classify drug products intended for use by humans which the United States Food and Drug Administration has not classified ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.025; Drug products in finished, solid, oral dosage form; identification requirements.
  (1) A drug product in finished, solid, oral dosage form for which a prescription is required by federal or state law may not be manufactured ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.028; Drug samples or complimentary drugs; starter packs; permits to distribute.
  (1) As used in this section, the term: (a) "Drug sample," or "complimentary drug," means a human prescription drug that is labeled "sample," "not to ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.029; Cancer Drug Donation Program.
  (1) This section may be cited as the "Cancer Drug Donation Program Act." (2) There is created a Cancer Drug Donation Program within the Department ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.03; Possession of certain drugs without prescriptions unlawful; exemptions and exceptions.
  (1) A person may not possess, or possess with intent to sell, dispense, or deliver, any habit-forming, toxic, harmful, or new drug subject to ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.032; Phenylalanine; prescription required.
  Phenylalanine restricted formula is declared to be a prescription legend drug and may be dispensed only upon the prescription of a practitioner authorized by law ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.033; Ephedrine; prescription required.
  Ephedrine is declared to be a prescription drug. (1) Except as provided in subsection (2), any product that contains any quantity of ephedrine, a salt ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.035; Dimethyl sulfoxide (DMSO); labeling and advertising.
  (1) Dimethyl sulfoxide (DMSO) not approved for drug use must be clearly marked in at least 12-point boldfaced type: "May be unsafe. Not approved ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.039; Sale, distribution, or transfer of harmful chemical substances; penalties; authority for enforcement.
  It is unlawful for a person to sell, deliver, or give to a person under the age of 18 years any compound, liquid, or chemical ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.04; Fee authority.
  The department may collect fees for all drug, device, and cosmetic applications, permits, product registrations, and free-sale certificates. The total amount of fees collected ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.041; Schedule of fees for drug, device, and cosmetic applications and permits, product registrations, and free-sale certificates.
  (1) The department shall assess applicants requiring a manufacturing permit an annual fee within the ranges established in this section for the specific type of ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.05; Rules.
  (1) The department shall adopt rules to implement and enforce ss. 499.001-499.081 with respect to: (a) The definition of terms used in ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.051; Inspections and investigations.
  (1) The agents of the Department of Health and of the Department of Law Enforcement, after they present proper identification, may inspect, monitor, and investigate ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.052; Records of interstate shipment.
  For the purpose of enforcing ss. 499.001-499.081, carriers engaged in interstate commerce and persons receiving drugs, devices, or cosmetics in interstate commerce ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.055; Reports and dissemination of information by department.
  (1) The department may cause to be published from time to time reports summarizing all judgments, decrees, and court orders that have been rendered under ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.057; Expenses and salaries.
  All expenses and salaries shall be paid out of the special fund hereby created in the office of the Chief Financial Officer, which fund is ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.06; Embargoing, detaining, or destroying article or processing equipment which is in violation of law or rule.
  (1) When a duly authorized agent of the department finds, or has probable cause to believe, that any drug, device, or cosmetic is in violation ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.062; Cause for seizure and condemnation of drugs, devices, or cosmetics.
  Any article of any drug, device, or cosmetic that is adulterated or misbranded under ss. 499.001-499.081 is subject to seizure and condemnation ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.063; Seizure; procedure; prohibition on sale or disposal of article; penalty.
  Whenever a duly authorized officer or employee of the department finds cause, or has probable cause to believe that cause exists, for the seizure of ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.064; Condemnation and sale; release of seized article.
  (1) When any article detained or seized under s. 499.063 has been found by the department to be subject to seizure and condemnation under ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.065; Imminent danger.
  (1) Notwithstanding s. 499.051, the department shall inspect each prescription drug wholesale establishment, prescription drug repackager establishment, veterinary prescription drug wholesale establishment, limited prescription ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.066; Penalties; remedies.
  In addition to other penalties and other enforcement provisions: (1) The department may institute such suits or other legal proceedings as are required to enforce ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0661; Cease and desist orders; removal of certain persons.
  (1) DEFINITION.--As used in this section, the term "permittee" means any person holding a permit issued pursuant to s. 499.012. (2) CEASE AND ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.067; Denial, suspension, or revocation of permit, certification, or registration.
  (1)(a) The department may deny, suspend, or revoke a permit if it finds that there has been a substantial failure to comply with ss. ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.069; Criminal punishment for violations of s. 499.005 related to devices and cosmetics; dissemination of false advertisement.
  (1) Any person who violates any of the provisions of s. 499.005 with respect to a device or cosmetic commits a misdemeanor of the ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.0691; Criminal punishment for violations related to drugs; dissemination of false advertisement.
  (1) Any person who violates any of the following provisions commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.07; Duty of prosecuting officer.
  Each state attorney, county attorney, or municipal attorney to whom the department or its designated agent reports any violation of ss. 499.001-499.081 ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.071; Issuance of warnings for minor violations.
  Sections 499.001-499.081 do not require the department to report, for the institution of proceedings under ss. 499.001-499.081, minor violations ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.081; Carriers in interstate commerce exempted from ss. 499.001-499.081.
  Carriers engaged in interstate commerce are not subject to ss. 499.001-499.081 if they are engaged in the usual course of business as ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.601; Legislative intent; construction.
  (1) The Legislature finds that the unregulated possession of bulk quantities of ether poses a substantial risk to the health, safety, and welfare of the ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.61; Definitions.
  As used in this part: (1) "Dealer" means any person, firm, corporation, or other entity selling, brokering, or transferring ether to anyone other than a ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.62; License or permit required of manufacturer, distributor, dealer, or purchaser of ether.
  (1) It shall be unlawful for any person to engage in the business of manufacturing, distributing, or dealing in ether in this state, except when ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.63; Forms for applications for licenses and permits.
  (1) The forms for applications for ether licenses and permits shall be prescribed by the department. (2) Each application for a license or permit required ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.64; Issuance of licenses and permits; prohibitions.
  (1) Each license and permit issued by the department shall set forth, as a minimum, the full name, date of birth, and physical description of ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.65; Possession of ether without license or permit prohibited; confiscation and disposal; exceptions.
  (1) It is unlawful for any person to possess 2.5 gallons, or equivalent by weight, or more of ether unless she or he is ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.66; Maintenance of records and sales of ether by manufacturers, distributors, and dealers; inspections.
  (1) It is unlawful for any manufacturer, distributor, or dealer to sell, distribute, or otherwise transfer ether to any person except a person presenting a ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.67; Maintenance of records by purchasers; inspections.
  (1) It is unlawful for any person to purchase, receive, store, or use ether without maintaining an accurate and current written inventory of all ether ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.68; Reports of thefts, illegal use, or illegal possession.
  (1) Any sheriff, police department, or law enforcement officer of this state shall give immediate notice to the department of any theft, illegal use, or ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.69; Possession in or near residential housing prohibited; legal entitlement to possession of premises not a defense.
  (1) Notwithstanding the possession of a current valid license or permit as provided in this part, it is unlawful for any person to possess 2....
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.701; Adoption of rules by the department.
  (1) The department shall adopt and enforce rules necessary to the administration of its authority under this part. The rules must be such as are ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.71; Procedure for cease and desist orders.
  (1) Whenever the department has reason to believe that any person is or has been violating any provision of this part or any rules adopted ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.72; Administrative fines.
  (1) If any person violates any provision of this part or any rule adopted pursuant thereto, or violates a cease and desist order issued by ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.73; Suspension or revocation of license or permit.
  (1) The violation of any provision of this part, any rule adopted pursuant thereto, or any cease and desist order issued by the department by ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.74; Conduct of hearings; review of orders of the department.
  (1) All hearings shall be conducted in accordance with the provisions of chapter 120. (2) All review of orders of the department shall be in ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.75; Penalties.
  (1) Any person who knowingly manufactures, distributes, or deals in ether without possessing a valid current license as required by s. 499.62(2) is ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.76; Injunctive relief.
  In addition to the penalties and other enforcement provisions of this part, in the event any person engaged in any of the activities covered by ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.77; Exceptions.
  Nothing contained in this part shall apply to the regular military and naval forces of the United States, or to the duly organized military forces ...
• Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 499.78; County and municipal ordinances.
  Nothing contained in this part shall affect any existing ordinance, rule, or regulation pertaining to ether in any county or municipality in this state, which ...
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