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Florida Statutes, Title XXXIII

Florida/Statutes

← All Florida coverage

Title XXXIII, Regulation of Trade, Commerce, Investments, and Solicitations

48 chapters · 1,668 sections in this title.

All chapters in Title XXXIII1,668 Ch 501, Consumer Protection163 Ch 497, Funeral, Cemetery, and Consumer Services131 Ch 559, Regulation of Trade, Commerce, and I…119 Ch 553, Building Construction Standards111 Ch 499, Florida Drug and Cosmetic Act82 Ch 520, Retail Installment Sales80 Ch 509, Lodging and Food Service Establishme…75 Ch 550, Pari-mutuel Wagering74 Ch 560, Money Services Businesses67 Ch 494, Loan Originators and Mortgage Brokers50 Ch 548, Pugilistic Exhibitions49 Ch 517, Securities Transactions45 Ch 500, Food Products39 Ch 526, Sale of Liquid Fuels; Brake Fluid39

131 sections·Filtered byTitle XXXIII✕Ch 497✕

Fla. Stat. § 497.001 Short title
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This chapter may be cited as the “Florida Funeral, Cemetery, and Consumer Services Act.”History.—s. 1, ch. 59-363; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 39, 40, ch. 80-238; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 36, 122, ch. 93-399; s. 3, ch. 2004-301.Note.—Former s. 559.…
Fla. Stat. § 497.002 Purpose and intent
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(1) The Legislature recognizes that purchasers of preneed burial rights, funeral or burial merchandise, or funeral or burial services may suffer serious economic harm if purchase money is not set aside for future use as intended by the purchaser and that the failure to maintain c…
Fla. Stat. § 497.0021 Applicability of parts
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The provisions of this part shall be applicable to and supplement the provisions of parts II, III, IV, V, and VI of this chapter and shall be applicable to all licensees under this chapter, except to the extent specifically provided otherwise in this chapter.History.—s. 5, ch. 20…
Fla. Stat. § 497.005 Definitions
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As used in this chapter, the term:(1) “Alternative container” means an unfinished wood box or other nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, that is designed for the encasement of human remains and that is made of fiberboard, pressed woo…

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Fla. Stat. § 497.101 Board of Funeral, Cemetery, and Consumer Services; membership; appointment; terms

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(1) The Board of Funeral, Cemetery, and Consumer Services is created within the Department of Financial Services and shall consist of 10 members, 9 of whom shall be appointed by the Chief Financial Officer and confirmed by the Senate. One member must be the State Health Officer o…

Fla. Stat. § 497.103 Authority of board and department; Chief Financial Officer recommendations

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(1) BOARD AUTHORITY.—Subject to the provisions of this section, all authority provided under this chapter, including rulemaking authority, relating to the following matters, is vested solely in the board, and the board shall be deemed the licensing authority as to such matters:(a…

Fla. Stat. § 497.107 Headquarters

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The Board of Funeral, Cemetery, and Consumer Services may be contacted through the division at the headquarters of the department in the City of Tallahassee.History.—s. 44, ch. 93-399; s. 553, ch. 2003-261; s. 9, ch. 2004-301.

Fla. Stat. § 497.140 Fees

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(1)(a) As to any fee payable under this chapter as to which discretion is provided to the licensing authority to specify the amount of the fee subject to a cap stated in this chapter, the board shall from time to time as requested by the department determine by rule the amount of…

Fla. Stat. § 497.141 Licensing; general application procedures

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(1) The provisions of this section shall supplement and implement all provisions of this chapter relating to application for licensure.(2) Any person desiring to be licensed shall apply to the licensing authority in writing using such forms and procedures as may be prescribed by …

Fla. Stat. § 497.1411 Disqualification of applicants and licenses; penalties against licensees; rulemaking

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(1) For purposes of this section, the term “applicant” means an individual applying for licensure or relicensure under this chapter, or an officer, a director, a majority owner, a partner, a manager, or other person who manages or controls an entity applying for licensure or reli…

Fla. Stat. § 497.142 Licensing; fingerprinting and criminal background checks

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(1) In any instance that this chapter requires submission of fingerprints in connection with an application for license, the provisions of this section shall apply.(2) The fingerprints shall be taken by a law enforcement agency or other agency or entity approved by the department…

Fla. Stat. § 497.143 Licensing; limited licenses for times of critical need

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(1) It is the intent of the Legislature that, absent a threat to the health, safety, and welfare of the public, retired Florida licensees in good standing, and active licensees in good standing from other jurisdictions, be able to serve this state during times of critical need.(2…

Fla. Stat. § 497.144 Licensing; examinations, general provisions

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(1) The department shall, with the approval of the board, provide, contract, or approve services for the development, preparation, administration, scoring, score reporting, and evaluation of all examinations and may use professional testing services for the development, preparati…

Fla. Stat. § 497.145 Licensing; use of professional testing services

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Notwithstanding any other provision of law to the contrary, the department may use a professional testing service to prepare, administer, grade, and evaluate any computerized examination, when that service is available and approved by the board.History.—s. 15, ch. 2004-301.

Fla. Stat. § 497.146 Licensing; address of record; changes; licensee responsibility

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Each licensee under this chapter is responsible for notifying the department in writing of the licensee’s current e-mail address, business and residence mailing address, and the street address of the licensee’s primary place of practice and shall notify the department within 30 d…

Fla. Stat. § 497.147 Continuing education; general provisions

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(1) As to any licensure under this chapter that requires prelicensure training or continuing education for renewal of a license, no such training or continuing education shall be accepted in satisfaction of the requirements of this chapter, unless approved by the board.(2) There …

Fla. Stat. § 497.148 Continuing education; monitoring of compliance

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The department shall establish a system to monitor licensee compliance with applicable training and continuing education requirements and to determine each licensee’s continuing education status. The department is authorized to provide for a phase-in of the compliance monitoring …

Fla. Stat. § 497.149 Investigations, hearings, and inspections

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(1) INVESTIGATIONS.—Investigations shall be conducted by the department. The following provisions shall apply concerning investigations:(a) There shall be investigated all complaints directly or indirectly alleging violation of any provision of this chapter or rules adopted pursu…

Fla. Stat. § 497.150 Compliance examinations of existing licensees

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(1) There may be examined by the department the facilities, records, operations, trust accounts, and financial affairs of licensees under this chapter, as often as may be deemed necessary by the department, to ensure compliance with the provisions of this chapter and rules adopte…

Fla. Stat. § 497.151 Complaints; logs; procedures

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(1) This section shall be applicable to all entities licensed under this chapter.(2) Licensees shall cause to be maintained on a continuing basis a log of all written complaints received by the licensee regarding any aspect of the licensee’s operations. The log shall show the com…

Fla. Stat. § 497.152 Disciplinary grounds

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This section sets forth conduct that is prohibited and that shall constitute grounds for denial of any application, imposition of discipline, or other enforcement action against the licensee or other person committing such conduct. For purposes of this section, the requirements o…

Fla. Stat. § 497.153 Disciplinary procedures and penalties

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(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 lic…

Fla. Stat. § 497.154 Disciplinary guidelines

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(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 spec…

Fla. Stat. § 497.155 Disciplinary citations and minor violations

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(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 fact…

Fla. Stat. § 497.156 Emergency action against licensees

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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 taki…

Fla. Stat. § 497.157 Unlicensed practice; remedies concerning violations by unlicensed persons

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(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, or a direct…

Fla. Stat. § 497.158 Court enforcement actions; powers; abatement of nuisances

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(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 c…

Fla. Stat. § 497.159 Crimes

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(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 …

Fla. Stat. § 497.160 Receivership proceedings

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(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 th…

Fla. Stat. § 497.161 Other rulemaking provisions

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(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…

Fla. Stat. § 497.162 Health and safety education

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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 re…

Fla. Stat. § 497.163 Restriction on requirement of citizenship

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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.

Fla. Stat. § 497.164 Solicitation of goods or services

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(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 misle…

Fla. Stat. § 497.165 Liability of owners, directors, and officers regarding trust funds

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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 lice…

Fla. Stat. § 497.166 Preneed sales

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(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 fu…

Fla. Stat. § 497.167 Administrative matters

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(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 hea…

Fla. Stat. § 497.168 Members of Armed Forces in good standing with administrative boards

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(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, who at the time of being called to act…

Fla. Stat. § 497.169 Private actions; actions on behalf of consumers; attorney’s fee

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(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 or his o…

Fla. Stat. § 497.170 Unauthorized arrangements

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(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 s…

Fla. Stat. § 497.171 Identification of human remains

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(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,…

Fla. Stat. § 497.172 Public records exemptions; public meetings exemptions

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(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, a…

Fla. Stat. § 497.260 Cemeteries; exemption; investigation and mediation

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(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…

Fla. Stat. § 497.261 Existing companies, effect of this chapter

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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. 1, ch…

Fla. Stat. § 497.262 Duty of care and maintenance of licensed cemetery

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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 licens…

Fla. Stat. § 497.263 Cemetery companies; license required; licensure requirements and procedures

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(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 …

Fla. Stat. § 497.264 License not assignable or transferable

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(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 …

Fla. Stat. § 497.265 Annual license fees

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(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 a…

Fla. Stat. § 497.266 Care and maintenance trust fund; remedy of department for noncompliance

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(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 tru…

Fla. Stat. § 497.267 Disposition of withdrawals from the care and maintenance trust fund; notice to purchasers and depositors

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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 reason…

Fla. Stat. § 497.2675 Withdrawal methods from the care and maintenance trust fund

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(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 desig…