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 than 5 acres which provide only single-level ground burial. (b) County and municipal cemeteries. (c) Community and nonprofit association cemeteries which provide only single-level ground burial […]
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 chapter. History.—s. 6, ch. 59-363; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 7, 39, 40, ch. 80-238; ss. 2, 3, ch. 81-318; s. […]
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, and other improvements of the cemetery are well cared for and maintained in a proper and dignified condition. The licensing authority shall adopt […]
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 cemetery license under this section shall apply for such licensure using forms and procedures prescribed by rule. (b) The applicant shall […]
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 […]
497.265 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 […]
497.266 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 […]
497.267 Disposition of withdrawals from the care and maintenance trust fund; notice to purchasers and depositors.—Withdrawals from the care and maintenance trust fund shall be used solely for the care and maintenance of the cemetery, including maintenance of monuments, which maintenance may not be deemed to include the cleaning, refinishing, repairing, or replacement of monuments; for […]
497.2675 Withdrawal methods from the care and maintenance trust fund.— (1) The board shall adopt rules, with the approval of the department, to administer ss. 497.267 and 497.268, including, but not limited to: (a) Reporting requirements for a cemetery licensed under this chapter, including the requirement that specific reports be made on forms designed and approved by the […]
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 sales of burial rights: (a) For burial rights, 10 percent of all payments received; however, for sales […]
497.269 Care and maintenance trust fund; financial reports.—On or before April 1 of each year, the trustee shall furnish adequate financial reports that record the fair market value with respect to the care and maintenance trust fund utilizing forms and procedures specified by rule. However, the department may require the trustee to make such additional financial […]
1497.270 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 rule. Such approval shall not be given unless it be shown that such approval would be in the public interest. The licensing […]
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 under this section. (2) The licensing authority shall adopt, by no later than July 1, 1999, rules establishing minimum […]
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 for sales, or agreements for sales are being made within 4 years after the date of the first […]
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 interment, entombment, or inurnment of human remains, including the exclusive right to open, prepare for interment, and close all ground, mausoleum, and urn burials. […]
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. For interments, except cremated remains, the covering soil shall measure no less than 12 inches from the top of the outer burial container at time of […]
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 person buried, together with lot, plot, and space in which the burial was made. All financial records of the cemetery company shall be available at its principal place of […]
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 human remains may, at the person’s option, permanently record the purchase of the burial right, belowground crypt, grave space, mausoleum, columbarium, ossuary, or scattering garden […]
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 for, or received by a cemetery company as a condition for a customer to use any burial right, burial merchandise, or burial service, except for: (1) Charges paid for opening […]
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 firm other than the cemetery company or its agents. (2) To verify that a monument is installed on the proper grave in accordance with cemetery bylaws, rules, or […]
