US Lawyer Database

497.456 – Preneed Funeral Contract Consumer Protection Trust Fund.

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. (2) Within 60 days after the end of each calendar quarter, for each preneed contract written during the quarter and not canceled within 30 days […]

497.457 – Ownership of proceeds received on contracts.

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 the sole property of, and within the full dominion and control of, said preneed licensee. (2) Subject to the provisions of this chapter, the relationship between […]

497.450 – Preneed sales; chapter exclusive; applicability of other laws.

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 this chapter and shall be exempt from all provisions of the Florida Insurance Code. History.—ss. 21, 52, ch. 85-321; ss. 90, 122, ch. […]

497.451 – Insurance business not authorized.

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 burial merchandise or service business to transact any insurance business, other than that of preneed funeral merchandise or service insurance or preneed burial merchandise or service insurance, […]

497.452 – Preneed license required.

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 without first having a valid preneed license. (b) No person, including any cemetery exempt under s. 497.260, may sell, advertise to sell, or make an arrangement for services, merchandise, or burial […]

497.453 – Application for preneed license, procedures and criteria; renewal; reports.

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 rule. (b) The application shall require the name, business address, residence address, date and place of birth or incorporation, and business phone number of […]

497.454 – Approval of preneed contract and related forms.

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 before use, pursuant to procedures specified by rule. The licensing authority may not approve any electronic or paper preneed contract that does not provide for sequential prenumbering thereon. (2) A form filed for […]

497.455 – Nonconforming contracts.

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. 497.458 shall comply with and be construed under s. 497.464. History.—ss. 6, 17, ch. 88-139; ss. 95, 122, ch. 93-399; s. 104, ch. 2004-301. Note.—Former s. 639.107; s. 497.411.

497.4555 – Charges for preneed contract.

497.4555 Charges for preneed contract.—A preneed licensee may charge the purchaser of a preneed contract for processing, filing, and archiving the contract and for performing other administrative duties related to the contract. A preneed licensee must disclose these charges to the purchaser and include them on its standard printed price lists and other disclosure information provided […]