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 to investigate and prosecute for violations committed by a licensee while licensed under this chapter. The prosecution of any matter may be initiated or continued notwithstanding […]
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 board pursuant to this chapter, and any rule of the board or department. (2) The disciplinary guidelines shall specify a meaningful range of designated penalties based upon the severity […]
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 and shall contain the subject’s name and address, the subject’s license number if applicable, a brief factual statement, the sections of the law allegedly […]
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 under s. 120.60(6) suspending or restricting a license or ordering a licensee to cease or desist from specified conduct, or taking other action deemed necessary in the […]
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 person may not be, act as, or advertise or hold himself or herself out to be a funeral director, an embalmer, […]
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 other relief against any licensed or unlicensed person for the enforcement of this chapter and orders issued under this chapter. The court shall […]
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 any prelicensure examination administered by the department or the board, whether such examination is reproduced or copied in part or in whole and by any means, constitutes a felony […]
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 revoked or suspended licensee under this chapter, or person who has without license conducted activities requiring licensure under this chapter. The court shall appoint a receiver if the […]
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 authorized by the licensing authority. (a) Rules by the board defining any technical term used but not defined in this chapter, and defining the terms “at-need” and “preneed” […]
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, refrigeration facility, or centralized embalming facility who have direct contact with human remains on behalf of a funeral establishment, direct disposal establishment, or cinerator facility shall complete […]
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 citizen. History.—s. 33, ch. 2004-301.
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 to protect the public from solicitation which is intimidating, overreaching, fraudulent, or misleading; which utilizes undue influence; or which takes undue advantage of a […]
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 required by this chapter, to the extent the deficiency arose during the period they were owners, officers, or directors of the licensee, […]
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 licensee with respect to preneed contracts unless such person is licensed as a preneed sales agent pursuant to part IV of this chapter or is a licensed funeral […]
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 the division shall serve as executive director of the board. The director is the agency head of the division. The director shall be appointed by and serve […]
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 to active duty in the Armed Forces of the United States for a continuous period of 30 or more days, […]
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 the provisions of this chapter in the appropriate court of the county in which the alleged violator resides or has her […]
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 through a financial arrangement, other than as authorized pursuant to this chapter, in which the provider of the merchandise or services is a beneficiary, party, agent, or owner […]
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 shall, prior to final disposition of such dead human remains, affix to the ankle or wrist of the deceased, and on the casket, alternative […]
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. 286.011 and s. 24(b), Art. I of the State Constitution. The closed meeting must be recorded, and no portion of the closed meeting […]
