Florida Statutes Part I - General Provisions (Ss. 497.001-497.172)
- 497.001 - Short Title.
This chapter may be cited as the “Florida Funeral, Cemetery, and Consumer Services Act.”History.—s. 1, ch. 59-363; s. 3, ch. 76-168; s. 1, ch. 77-457;...
- 497.002 - Purpose And Intent.
(1) The Legislature recognizes that purchasers of preneed burial rights, funeral or burial merchandise, or funeral or burial services may suffer serious economic harm if purchase...
- 497.0021 - Applicability Of Parts.
The provisions of this part shall be applicable to and supplement the provisions of parts II, III, IV, V, and VI of this chapter and...
- 497.005 - Definitions.
As used in this chapter, the term:(1) “Alternative container” means an unfinished wood box or other nonmetal receptacle or enclosure, without ornamentation or a fixed interior...
- 497.101 - Board Of Funeral, Cemetery, And Consumer Services; Membership; Appointment; Terms.
(1) The Board of Funeral, Cemetery, and Consumer Services is created within the Department of Financial Services and shall consist of 10 members, 9 of whom...
- 497.103 - Authority Of Board And Department; Chief Financial Officer Recommendations.
(1) BOARD AUTHORITY.—Subject to the provisions of this section, all authority provided under this chapter, including rulemaking authority, relating to the following matters, is vested solely...
- 497.107 - Headquarters.
The Board of Funeral, Cemetery, and Consumer Services may be contacted through the division at the headquarters of the department in the City of Tallahassee.History.—s....
- 497.140 - Fees.
(1)(a) As to any fee payable under this chapter as to which discretion is provided to the licensing authority to specify the amount of the fee...
- 497.141 - Licensing; General Application Procedures.
(1) The provisions of this section shall supplement and implement all provisions of this chapter relating to application for licensure.(2) Any person desiring to be licensed shall...
- 497.142 - Licensing; Fingerprinting And Criminal Background Checks.
(1) In any instance that this chapter requires submission of fingerprints in connection with an application for license, the provisions of this section shall apply.(2) The fingerprints...
- 497.143 - Licensing; Limited Licenses For Times Of Critical Need.
(1) It is the intent of the Legislature that, absent a threat to the health, safety, and welfare of the public, retired Florida licensees in good...
- 497.144 - Licensing; Examinations, General Provisions.
(1) The department shall, with the approval of the board, provide, contract, or approve services for the development, preparation, administration, scoring, score reporting, and evaluation of...
- 497.145 - Licensing; Use Of Professional Testing Services.
Notwithstanding any other provision of law to the contrary, the department may use a professional testing service to prepare, administer, grade, and evaluate any computerized...
- 497.146 - Licensing; Address Of Record; Changes; Licensee Responsibility.
Each licensee under this chapter is responsible for notifying the department in writing of the licensee’s current business and residence mailing address and the street...
- 497.147 - Continuing Education; General Provisions.
(1) As to any licensure under this chapter that requires prelicensure training or continuing education for renewal of a license, no such training or continuing education...
- 497.148 - Continuing Education; Monitoring Of Compliance.
The department shall establish a system to monitor licensee compliance with applicable training and continuing education requirements and to determine each licensee’s continuing education status....
- 497.149 - Investigations, Hearings, And Inspections.
(1) INVESTIGATIONS.—Investigations shall be conducted by the department. The following provisions shall apply concerning investigations:(a) There shall be investigated all complaints directly or indirectly alleging violation of...
- 497.150 - Compliance Examinations Of Existing Licensees.
(1) There may be examined by the department the facilities, records, operations, trust accounts, and financial affairs of licensees under this chapter, as often as may...
- 497.151 - Complaints; Logs; Procedures.
(1) This section shall be applicable to all entities licensed under this chapter.(2) Licensees shall cause to be maintained on a continuing basis a log of all...
- 497.152 - Disciplinary Grounds.
This section sets forth conduct that is prohibited and that shall constitute grounds for denial of any application, imposition of discipline, or other enforcement action...
- 497.153 - Disciplinary Procedures And Penalties.
(1) JURISDICTION OF LICENSING AUTHORITY TO INVESTIGATE AND PROSECUTE.—The expiration, nonrenewal, or surrender of licensure under this chapter shall not eliminate jurisdiction in the licensing authority...
- 497.154 - Disciplinary Guidelines.
(1) The board shall adopt, by rule, and periodically review the disciplinary guidelines applicable to each ground for disciplinary action which may be imposed by the...
- 497.155 - Disciplinary Citations And Minor Violations.
(1) CITATIONS.—(a) Notwithstanding the provisions of s. 497.153, the board shall adopt rules to permit the issuance of citations. The citation shall be issued to the subject...
- 497.156 - Emergency Action Against Licensees.
In addition to or in lieu of other actions authorized under this chapter for the enforcement of this chapter, the department may issue emergency orders...
- 497.157 - Unlicensed Practice; Remedies Concerning Violations By Unlicensed Persons.
(1) No person or entity shall engage in any activity for which a license is required under this chapter, without holding such licensure in good standing.(2)(a) When...
- 497.158 - Court Enforcement Actions; Powers; Abatement Of Nuisances.
(1) In addition to or in lieu of other actions authorized by this chapter, the department may petition the courts of this state for injunctive or...
- 497.159 - Crimes.
(1) The theft in whole or in part or the act of unauthorized reproducing, circulating, or copying of any questions or answers on, from, or for...
- 497.160 - Receivership Proceedings.
(1) The department, with the approval of the board, may petition the circuit courts of this state for appointment of a receiver of any licensee or...
- 497.161 - Other Rulemaking Provisions.
(1) In addition to such other rules as are authorized or required under this chapter, the following additional rules, not inconsistent with this chapter, shall be...
- 497.162 - Health And Safety Education.
All individuals not licensed under this chapter who intend to be employed as operational personnel affiliated with a direct disposal establishment, cinerator facility, removal service,...
- 497.163 - Restriction On Requirement Of Citizenship.
No person shall be disqualified from practicing an occupation or profession regulated by this chapter solely because she or he is not a United States...
- 497.164 - Solicitation Of Goods Or Services.
(1) The board is authorized to adopt rules regulating the solicitation of sales of burial rights, merchandise, or services by licensees.(2) The board shall regulate such solicitation...
- 497.165 - Liability Of Owners, Directors, And Officers Regarding Trust Funds.
The owners, officers, and directors of any licensee under this chapter may be held jointly and severally liable for any deficiency in any trust fund...
- 497.166 - Preneed Sales.
(1) Regulation of preneed sales shall be as set forth in part IV of this chapter. No person may act as an agent for a preneed...
- 497.167 - Administrative Matters.
(1) The department shall establish and operate a toll-free telephone hotline to receive complaints and provide information relating to the regulation under this chapter.(2) The director of...
- 497.168 - Members Of Armed Forces In Good Standing With Administrative Boards.
(1) Any reserve member of the Armed Forces of the United States, and any member of any element of the National Guard, now or hereafter called...
- 497.169 - Private Actions; Actions On Behalf Of Consumers; Attorney’s Fee.
(1) The Attorney General, or the department on behalf of Florida residents, or any person may bring a civil action against a person or company violating...
- 497.170 - Unauthorized Arrangements.
(1) Any arrangement to provide merchandise or services as defined in this chapter, by which payment for such merchandise or services is to be paid for...
- 497.171 - Identification Of Human Remains.
(1) PRIOR TO FINAL DISPOSITION.—(a) This subsection shall apply to licensees under parts III and VI.(b) The licensee in charge of the final disposition of dead human remains...
- 497.172 - Public Records Exemptions; Public Meetings Exemptions.
(1) EXAMINATION DEVELOPMENT MEETINGS.—(a) Those portions of meetings of the board at which licensure examination questions or answers under this chapter are discussed are exempt from s....
Last modified: September 23, 2016