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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

1,668 sections·Filtered byTitle XXXIII✕

Fla. Stat. § 497.391 Exceptions
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(1) Nothing in this chapter may be construed to limit the sale of caskets, alternative containers, outer burial containers, or funeral merchandise by any person on an at-need basis.(2) Nothing in this chapter may be construed to override the written instructions or wishes of the …
Fla. Stat. § 497.392 Branch chapels
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Notwithstanding the provisions of s. 497.380, any licensed establishment operating a branch chapel on June 30, 1979, in accordance with the law then in effect, as determined by the licensing authority, may continue to operate such branch chapel for the sole and exclusive purpose …
Fla. Stat. § 497.393 Licensure; military-issued credentials for licensure
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The licensing authority shall recognize military-issued credentials relating to funeral and cemetery services for purposes of licensure as a funeral director or embalmer. A member of the United States Armed Forces and a veteran of the United States Armed Forces seeking licensure …
Fla. Stat. § 497.450 Preneed sales; chapter exclusive; applicability of other laws
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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…

Showing 201–250 of 1,668

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Fla. Stat. § 497.451 Insurance business not authorized

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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…

Fla. Stat. § 497.452 Preneed license required

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(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…

Fla. Stat. § 497.453 Application for preneed license, procedures and criteria; renewal; reports

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(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 inc…

Fla. Stat. § 497.454 Approval of preneed contract and related forms

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(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 pre…

Fla. Stat. § 497.455 Nonconforming contracts

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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. …

Fla. Stat. § 497.4555 Charges for preneed contract

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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 sta…

Fla. Stat. § 497.456 Preneed Funeral Contract Consumer Protection Trust Fund

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(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 an…

Fla. Stat. § 497.457 Ownership of proceeds received on contracts

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(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 r…

Fla. Stat. § 497.458 Disposition of proceeds received on contracts

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1(1)(a) Any person who is paid, collects, or receives funds under a preneed contract for funeral services or merchandise or burial services or merchandise shall deposit an amount at least equal to the sum of 70 percent of the purchase price collected for all services sold and fac…

Fla. Stat. § 497.459 Cancellation of, or default on, preneed contracts; required notice

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(1) CANCELLATION BY CUSTOMER WITHIN 30 DAYS.—A purchaser, by providing written notice to the preneed licensee, may cancel a preneed contract within 30 days of the date that the contract was executed provided that the burial rights, merchandise and services have not yet been used.…

Fla. Stat. § 497.460 Payment of funds upon death of named beneficiary

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Disbursements of funds discharging any preneed contract fulfilled after September 30, 1993, shall be made by the trustee to the preneed licensee upon receipt of a certified copy of the death certificate of the contract beneficiary or satisfactory evidence as established by rule o…

Fla. Stat. § 497.462 Other alternatives to deposits under s. 497.458

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(1)(a) As an alternative to the requirements of s. 497.458 that relate to trust funds for contracts written prior to July 1, 2001, or that relate to trust funds for contracts written prior to December 31, 2004, by any preneed licensee authorized to do business in this state that …

Fla. Stat. § 497.463 Existing merchandise trust funds; proof of compliance with law

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The preneed licensee shall present to the licensing authority prior to the implementation of the alternatives provided in s. 497.462 documentation which demonstrates that the existing merchandise trust fund complies with the law and that the elected alternative plan conforms to t…

Fla. Stat. § 497.464 Alternative preneed contracts

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(1) Nothing in this chapter shall prevent the purchaser and the preneed licensee from executing a preneed contract upon the terms stated in this section. Such contracts shall be subject to this chapter except:(a) Section 497.454(2).(b) Section 497.457.(c) Section 497.459(1), (2),…

Fla. Stat. § 497.465 Inactive, surrendered, and revoked preneed licensees

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(1) A preneed licensee shall be considered inactive upon the acceptance of the surrender of its license by the licensing authority or upon the nonreceipt by the licensing authority of the preneed license renewal application and fees required by s. 497.265.(2) Upon becoming inacti…

Fla. Stat. § 497.466 Preneed sales agents, license required; application procedures and criteria; appointment of agents; responsibility of preneed licensee

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(1) GENERAL PROVISIONS APPLICABLE TO PRENEED SALES AGENTS.—All persons who offer preneed contracts to the public, or who execute preneed contracts on behalf of a preneed licensee, including all persons who offer, sell, or sign contracts for the preneed sale of burial rights, shal…

Fla. Stat. § 497.467 Acceptability of funeral and burial merchandise

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Each person who engages in preneed sales of funeral or burial merchandise shall determine, and notify the purchaser in writing prior to the completion of the contract, that the merchandise being considered for purchase will be accepted in the cemetery of the purchaser’s choice. T…

Fla. Stat. § 497.468 Disclosure of information to the public

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A preneed 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 r…

Fla. Stat. § 497.469 Fulfillment of preneed contracts

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(1) Upon delivery of merchandise or performance of services in fulfillment of a preneed contract, either in part or in whole, a preneed licensee may withdraw the amount deposited in trust plus income earned on such amount for the merchandise delivered or services performed, when …

Fla. Stat. § 497.550 Licensure of monument establishments required; procedures and criteria

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(1) LICENSE REQUIRED.—No person shall conduct, maintain, manage, or operate a monument establishment in this state unless the monument establishment is licensed pursuant to this part.(a) The two categories of monument establishment licensure available in this state are:1. Monumen…

Fla. Stat. § 497.551 Renewal of monument establishment licensure

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(1) A monument establishment license shall be renewed biennially by the licensee.(2) A monument establishment licensee shall renew its monument establishment license by payment of a renewal fee established by rule not to exceed $250.(3) Rules may be adopted providing procedures, …

Fla. Stat. § 497.552 Required facilities

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A monument establishment shall at all times have and maintain a full-service place of business at a specific street address or location in Florida complying with the following requirements:(1) It shall include an office for the conduct of its business including the reception of c…

Fla. Stat. § 497.553 Regulation of monument establishments

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(1) The Department of Financial Services shall establish and implement an inspection program for all monument establishments in accordance with the requirements of this act. The board shall set by rule an annual inspection fee not to exceed $300, payable upon application for lice…

Fla. Stat. § 497.554 Monument establishment sales representatives

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(1) LICENSE REQUIRED.—Each person selling monuments, markers, or related products for a monument establishment must be licensed as a monument establishment sales agent. This requirement shall apply notwithstanding that such person is already registered or licensed in another capa…

Fla. Stat. § 497.555 Required rules

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Rules shall be adopted establishing minimum standards for access to all cemeteries by licensed monument establishments for the purpose of delivering and installing markers and monuments. In all cases, cemeteries and monument establishments shall comply with these minimum standard…

Fla. Stat. § 497.601 Direct disposition; duties

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(1) Those individuals licensed as direct disposers may perform only those functions set forth below:(a) Remove human remains from the place of death and store human remains in registered direct disposal establishments.(b) Secure pertinent information from a legally authorized per…

Fla. Stat. § 497.602 Direct disposers, license required; licensing procedures and criteria; regulation

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(1) LICENSE REQUIRED.—Any person who is not a licensed funeral director and who engages in the practice of direct disposition must be licensed pursuant to this section as a direct disposer.(2) APPLICATION PROCEDURES.—(a) A person seeking licensure as a direct disposer shall apply…

Fla. Stat. § 497.603 Direct disposers, renewal of license

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(1) A direct disposer’s license shall be renewed upon receipt of the renewal application and fee set by rule of the licensing authority but not to exceed $500.(2) The licensing authority shall adopt rules establishing procedures, forms, and a schedule for the biennial renewal of …

Fla. Stat. § 497.604 Direct disposal establishments, license required; licensing procedures and criteria; license renewal; regulation; display of license

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(1) LICENSE REQUIRED.—A direct disposer shall practice at a direct disposal establishment which has been licensed under this section and which may be a cinerator facility licensed under s. 497.606. No person may open or maintain an establishment at which to engage in or hold hers…

Fla. Stat. § 497.605 Direct disposition not funeral directing

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The duties, functions, and services performed by a direct disposer licensee, as provided by this chapter, shall not be deemed to constitute funeral directing or embalming or the duties, functions, or services performed by a funeral director or embalmer as otherwise defined and pr…

Fla. Stat. § 497.606 Cinerator facility, licensure required; licensing procedures and criteria; license renewal; regulation

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(1) LICENSE REQUIRED.—No person may conduct, maintain, manage, or operate a cinerator facility unless a license for such facility has been issued and is in good standing under this section.(2) APPLICATION PROCEDURES.—(a) A person seeking licensure as a cinerator facility shall ap…

Fla. Stat. § 497.607 Cremation; procedure required; disposal permitted after 90 days where no direction provided

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(1) At the time of the arrangement for a cremation performed by any person licensed pursuant to this chapter, the legally authorized person contracting for cremation services shall be required to designate her or his intentions with respect to disposition of the cremated remains …

Fla. Stat. § 497.608 Liability for unintentional commingling of the residue of the cremation process

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(1) The Legislature recognizes that the unintentional or incidental commingling of the residue of the cremation of human remains is an inevitable byproduct of the cremation process in a cinerator retort or cremation chamber.(2) The operator of a cinerator facility shall establish…

Fla. Stat. § 497.609 Liability of direct disposers, direct disposal establishments, funeral directors, funeral establishments, and cinerator facilities regarding cremation

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If a direct disposer, direct disposal establishment, funeral director, funeral establishment, or cinerator facility is given a copy of the deceased’s declaration of intent to be cremated that is signed by the deceased and the deceased’s human remains are subsequently cremated, or…

Fla. Stat. § 499.001 Florida Drug and Cosmetic Act; short title

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Sections 499.001-499.94 may be cited as the “Florida Drug and Cosmetic Act.”History.—s. 34, ch. 82-225; s. 1, ch. 83-265; s. 1, ch. 86-133; ss. 1, 52, ch. 92-69; s. 122, ch. 2014-17; s. 1, ch. 2014-89.

Fla. Stat. § 499.002 Purpose, administration, and enforcement of and exemption from this part

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(1) This part is intended to:(a) Safeguard the public health and promote the public welfare by protecting the public from injury by product use and by merchandising deceit involving drugs, devices, and cosmetics.(b) Provide uniform legislation to be administered so far as practic…

Fla. Stat. § 499.003 Definitions of terms used in this part

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As used in this part, the term:(1) “Active pharmaceutical ingredient” includes any substance or mixture of substances intended, represented, or labeled for use in drug manufacturing that furnishes or is intended to furnish, in a finished dosage form, any pharmacological activity …

Fla. Stat. § 499.005 Prohibited acts

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It is unlawful for a person to perform or cause the performance of any of the following acts in this state:(1) The manufacture, repackaging, sale, delivery, or holding or offering for sale of any drug, device, or cosmetic that is adulterated or misbranded or has otherwise been re…

Fla. Stat. § 499.0051 Criminal acts

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(1) FAILURE TO MAINTAIN OR DELIVER TRANSACTION HISTORY, TRANSACTION INFORMATION, OR TRANSACTION STATEMENT.—(a) A person engaged in the distribution of prescription drugs who fails to deliver to another person a complete and accurate transaction history, transaction information, o…

Fla. Stat. § 499.0054 Advertising and labeling of drugs, devices, and cosmetics; exemptions

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(1) It is a violation of the Florida Drug and Cosmetic Act to perform or cause the performance of any of the following acts:(a) The dissemination of any false advertisement of any drug, device, or cosmetic. An advertisement is false if it is false or misleading in any way.(b) The…

Fla. Stat. § 499.006 Adulterated drug or device

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A drug or device is adulterated, if any of the following apply:(1) It consists in whole or in part of any filthy, putrid, or decomposed substance.(2) It has been produced, prepared, packed, or held under conditions whereby it could have been contaminated with filth or rendered in…

Fla. Stat. § 499.007 Misbranded drug or device

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A drug or device is misbranded:(1) If its labeling is in any way false or misleading.(2) If in package form, it does not bear a label containing:(a) The name and place of business of the manufacturer, repackager, or distributor of the finished dosage form of the drug. For the pur…

Fla. Stat. § 499.008 Adulterated cosmetics

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A cosmetic is adulterated:(1) If it bears or contains any poisonous or deleterious substance that is injurious to users under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual; however, this subsect…

Fla. Stat. § 499.009 Misbranded cosmetics

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A cosmetic is misbranded:(1) If its labeling is false or misleading in any particular.(2) If in package form, it does not bear a label containing:(a) The name and place of business of the manufacturer, packer, or distributor;(b) An accurate statement of the quantity of the conten…

Fla. Stat. § 499.01 Permits

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1(1) Before operating, a permit is required for each person and establishment that intends to operate as:(a) A prescription drug manufacturer;(b) A prescription drug repackager;(c) A nonresident prescription drug manufacturer;(d) A nonresident prescription drug repackager;(e) A p…

Fla. Stat. § 499.012 Permit application requirements

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(1)(a) A permit issued pursuant to this part may be issued only to a natural person who is at least 18 years of age or to an applicant that is not a natural person if each person who, directly or indirectly, manages, controls, or oversees the operation of that applicant is at lea…