Florida Statutes Part II - Cemetery Regulation (Ss. 497.260-497.287)
- 497.260 - Cemeteries; Exemption; Investigation And Mediation.
(1) The provisions of this chapter relating to cemeteries and all rules adopted pursuant thereto shall apply to all cemeteries except for:(a) Religious institution cemeteries of less...
- 497.261 - Existing Companies, Effect Of This Chapter.
Cemetery companies existing on October 1, 1993, shall continue in full force and effect but shall be operated in accordance with the provisions of this...
- 497.262 - Duty Of Care And Maintenance Of Licensed Cemetery.
Every cemetery company or other entity responsible for the care and maintenance of a licensed cemetery in this state shall ensure that the grounds, structures,...
- 497.263 - Cemetery Companies; License Required; Licensure Requirements And Procedures.
(1) LICENSE REQUIRED.—No person may operate a cemetery without first obtaining a license under this section, unless specifically exempted from this chapter.(2) APPLICATION PROCEDURES.—(a) A person seeking a...
- 497.264 - License Not Assignable Or Transferable.
(1) A license issued to operate a cemetery pursuant to this chapter is not transferable or assignable, and a licensee may not develop or operate any...
- 497.265 - Annual License Fees.
(1) The department shall collect from each cemetery company operating under the provisions of this chapter an annual license fee as follows:(a) For a cemetery with less...
- 497.266 - Care And Maintenance Trust Fund; Remedy Of Department For Noncompliance.
(1) No cemetery company may establish a cemetery, or operate a cemetery if already established, without providing for the future care and maintenance of the cemetery,...
- 497.267 - Disposition Of Income Of Care And Maintenance Trust Fund; Notice To Purchasers And Depositors.
The net income of the care and maintenance trust fund shall be used solely for the care and maintenance of the cemetery, including maintenance of...
- 497.268 - Care And Maintenance Trust Fund, Percentage Of Payments For Burial Rights To Be Deposited.
(1) Each cemetery company shall set aside and deposit in its care and maintenance trust fund the following percentages or amounts for all sums received from...
- 497.269 - Care And Maintenance Trust Fund; Financial Reports.
On or before April 1 of each year, the trustee shall furnish adequate financial reports with respect to the care and maintenance trust fund utilizing...
- 497.270 - Minimum Acreage; Sale Or Disposition Of Cemetery Lands.
(1) No land in a licensed cemetery may be sold, mortgaged, leased, or encumbered without prior approval of the licensing authority pursuant to procedures specified by...
- 497.271 - Standards For Construction And Significant Alteration Or Renovation Of Mausoleums And Columbaria.
(1) All newly constructed and significantly altered or renovated mausoleums and columbaria must, in addition to complying with applicable building codes, conform to the standards adopted...
- 497.272 - Construction Of Mausoleums, Columbaria, And Belowground Crypts; Preconstruction Trust Fund; Compliance Requirement.
(1) A cemetery company shall start construction of that section of a mausoleum, columbarium, or bank of belowground crypts in which sales, contracts for sales, reservations...
- 497.273 - Cemetery Companies; Authorized Functions.
(1) Within the boundaries of the cemetery lands it owns, a cemetery company may perform the following functions:(a) The exclusive care and maintenance of the cemetery.(b) The exclusive...
- 497.274 - Standards For Grave Spaces.
(1) A standard adult grave space shall measure at least 42 inches in width and 96 inches in length, except for preinstalled vaults in designated areas....
- 497.276 - Records.
(1) A record shall be kept of every burial in the cemetery of a cemetery company, showing the date of burial and the name of the...
- 497.2765 - Recording Purchase Of Burial Rights.
(1) Any person purchasing a burial right, belowground crypt, grave space, mausoleum, columbarium, ossuary, or scattering garden for the interment, entombment, inurnment, or other disposition of...
- 497.277 - Other Charges.
Other than the fees for the sale of burial rights, burial merchandise, and burial services, no other fee may be directly or indirectly charged, contracted...
- 497.278 - Monuments; Installation Fees.
(1) No cemetery company may charge a fee for the installation of a monument purchased or obtained from and to be installed by a person or...
- 497.280 - Illegal Tying Arrangements.
(1) No person authorized to sell grave space may tie the purchase of any grave space to the purchase of a monument from or through the...
- 497.281 - Licensure Of Brokers Of Burial Rights.
(1) No person shall receive compensation to act as a third party to the sale or transfer of three or more burial rights in a 12-month...
- 497.282 - Disclosure Of Information To Public.
A licensee offering to provide burial rights, merchandise, or services to the public shall:(1) Provide by telephone, upon request, accurate information regarding the retail prices of...
- 497.283 - Prohibition On Sale Of Personal Property Or Services.
(1) This section applies to all cemetery companies licensed pursuant to this chapter that offer for sale or sell personal property or services which may be...
- 497.284 - Abandoned Cemeteries; Immunity; Actions.
(1) Notwithstanding any provision of law to the contrary, a county or municipality which has within its jurisdiction an abandoned cemetery or a cemetery that has...
- 497.285 - Inactive Cemeteries.
(1) A licensee shall be considered inactive upon the acceptance of the surrender of its license by the department or upon the nonreceipt by the department...
- 497.286 - Owners To Provide Addresses; Presumption Of Abandonment; Abandonment Procedures; Sale Of Abandoned Unused Burial Rights.
(1) For purposes of this section, all owners of burial rights in any cemetery licensed under the provisions of this chapter shall have the legal duty...
- 497.287 - Report Of Identification Of Exempt Cemeteries.
(1) All cemeteries in excess of 5 acres located in this state that are exempt from the provisions of this chapter shall be required to file...
Last modified: September 23, 2016