Full Statute Name:  West's Florida Statutes Annotated. Title XXXIII. Regulation of Trade, Commerce, Investments, and Solicitations (Chapters 494-560). Chapter 497. Funeral, Cemetery, and Consumer Services. Part II. Cemetery Regulation

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Primary Citation:  West's F. S. A. § 497.273 Country of Origin:  United States Last Checked:  February, 2018 Date Adopted:  2016
Summary: This statute describes the services a cemetery may provide and whether the cemetery may provide those services exclusively. It prohibits the commingling of cremated animal remains with human remains, but allows the entombment of the cremated remains of the decedent's pet with the authorization of a legally authorized person.

(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. Each preneed contract for burial rights or services shall disclose, pursuant to licensing authority rule, whether opening and closing of the burial space is included in the contract and, if not, the current prices for opening and closing and a statement that these prices are subject to change. Each cemetery which sells preneed contracts must offer opening and closing as part of a preneed contract.

(c) The exclusive initial preneed and at-need sale of interment or burial rights in earth, mausoleum, crypt, niche, or columbarium interment; however, nothing herein shall limit the right of a person owning interment or burial rights to sell those rights to third parties subject to the transfer of title by the cemetery company.

(d) The adoption of bylaws regulating the activities conducted within its boundaries, provided that no funeral director licensed pursuant to this chapter shall be denied access to any cemetery to conduct a funeral for or supervise a disinterment of human remains. All bylaws provided for herein shall be subject to the approval of the licensing authority under the provisions of chapter 120 prior to becoming effective. The licensing authority shall not approve any bylaw which unreasonably restricts the use of interment or burial rights, which unreasonably restricts competition, or which unreasonably increases the cost to the owner of interment or burial rights in utilizing these rights.

(e) The nonexclusive preneed and at-need sale of monuments, memorials, markers, burial vaults, urns, flower vases, floral arrangements, and other similar merchandise for use within the cemetery.

(f) The nonexclusive cremation of human remains, subject to provisions of s. 497.606.

(g) The entry into sales or management contracts with other persons. The cemetery company shall be responsible for the deposit of all moneys required by this part to be placed in a trust fund.

(2) A full disclosure shall be made for all fees required for interment, entombment, or inurnment of human remains.

(3) A cemetery company may adopt bylaws establishing minimum standards for burial merchandise or the installation thereof. Such bylaws shall include minimum standards for access to install burial merchandise. A cemetery company must comply with its adopted bylaws.

(4) This chapter does not prohibit the interment or entombment of the inurned cremated animal remains of the decedent's pet or pets with the decedent's human remains or cremated human remains if:

(a) The human remains or cremated human remains are not commingled with the inurned cremated animal remains; and

(b) The interment or entombment with the inurned cremated animal remains is with the authorization of a legally authorized person.

 

Laws 1978, c. 78-407, § 8; Laws 1980, c. 80-238, §§ 16, 19, 40; Fla.St.1981, § 559.405; Fla.St.1991, § 497.033; Laws 1993, c. 93-399, § 68; Laws 1994, c. 94-119, § 79. Renumbered from 497.305 and amended by Laws 2004, c. 2004-301, § 55, eff. Oct. 1, 2005. Amended by Laws 2007, c. 2007-55, § 7, eff. July 1, 2007; Laws 2016, c. 2016-172, § 11, eff. July 1, 2016.

 

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