US Lawyer Database

497.284 – Abandoned cemeteries; immunity; actions.

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 not been reasonably maintained for a period in excess of 6 months may, upon notice to the department, take such action as is necessary and appropriate […]

497.285 – Inactive cemeteries.

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 of the license renewal fees required by s. 497.265. (2) A cemetery licensee licensed to engage in preneed sales shall cease all preneed sales to the public upon becoming […]

497.286 – Owners to provide addresses; presumption of abandonment; abandonment procedures; sale of abandoned unused burial rights.

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 to keep the cemetery companies informed in writing of their residence addresses. Cemetery companies shall […]

497.287 – Report of identification of exempt cemeteries.

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 a report of identification with the department and pay a $25 fee. The department shall maintain such reports as public records. Such report of […]

497.264 – License not assignable or transferable.

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 cemetery authorized by this chapter at any location other than that contained in the application for the license. (2) Any person or entity that seeks to […]

497.280 – Illegal tying arrangements.

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 seller of any other designated person or corporation. (2)(a) Noncemetery licensed persons and firms shall have the right to sell monuments and to perform or provide on cemetery […]

497.265 – Annual license fees.

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 than $25,000 annual gross sales……….$250. (b) For a cemetery with at least $25,000 but less than $100,000 annual gross sales……….$350. (c) For a cemetery with annual gross sales […]

497.281 – Licensure of brokers of burial rights.

497.281 Licensure of brokers of burial rights.— (1)(a) 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 period unless the person pays a license fee as determined by licensing authority rule but not to exceed $250 and is licensed with the […]

497.266 – Care and maintenance trust fund; remedy of department for noncompliance.

497.266 Care and maintenance trust fund; remedy of department for noncompliance.— (1) A cemetery company may not establish a cemetery, or operate a cemetery if already established, without providing for the future care and maintenance of the cemetery, for which a care and maintenance trust fund shall be established, to be known as “the care and maintenance […]

497.282 – Disclosure of information to public.

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 burial merchandise and services offered for sale by the licensee. (2) Fully disclose all regularly offered services and merchandise prior to the selection of burial services […]