Florida Statutes
Fla. Stat. § 497.002 (2025)
Purpose and intent.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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497.002 Purpose and intent.—
(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 cemetery grounds properly may cause significant emotional stress. Therefore, it is necessary in the interest of the public welfare to regulate preneed sales and cemeteries in this state. However, restrictions shall be imposed only to the extent necessary to protect the public from significant or discernible harm or damage and not in a manner which will unreasonably affect the competitive market.
(2) Subject to certain interests of society, the Legislature finds that every competent adult has the right to control the decisions relating to her or his own funeral arrangements. Accordingly, unless otherwise stated herein, it is the Legislature’s express intent that nothing contained in this chapter should be construed or interpreted in any manner as to subject preneed contract purchasers to federal income taxation under the grantor trust rules contained in ss. 671 et seq. of the Internal Revenue Code of 1986, as amended.
(3) The Legislature deems it necessary in the interest of public health and safety to establish minimum qualifications for entry into the professions and occupations of embalming, funeral directing, cremation, direct disposition, and monument sales; to regulate such activities; and to provide for swift and effective discipline for those practitioners who violate the law.
History.—ss. 2, 40, ch. 80-238; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 37, 122, ch. 93-399; s. 1, ch. 96-400; s. 1141, ch. 97-103; s. 4, ch. 2004-301.
Note.—Former s. 559.305.
Notes of Decisions
Cited in 4
cases, 1987–2013 · leading case: Arthur v. Milstein, 949 So. 2d 1163 (Fla. 4th DCA 2007).
Arthur v. Milstein, 949 So. 2d 1163 (Fla. 4th DCA 2007). “See also § 497.002(2), Fla. Stat. (2006) (noting the purpose and intent of Chapter 497 expressly provides that subject to certain interests in society, "the Legislature finds that every competent adult has the right to *1166 control the decisions relating to his or her own…”
Alderwoods Grp., Inc. v. Garcia, 119 So. 3d 497 (Fla. 3d DCA 2013). “§ 497.002(1), (3), Fla. Stat. (2011) (emphasis added).”
Boca Raton Mausoleum, Inc. v. State, Dept. of Banking & Fin., 511 So. 2d 1060 (Fla. 1st DCA 1987). “ The Legislature recognizes that purchasers of preneed burial rights or cemetery merchandise 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 cemetery grounds properly may cause…”
Shands Jacksonville Med. Ctr., Inc. v. State, Dep't of Health, 123 So. 3d 86 (Fla. 1st DCA 2013). “Another statute directed the department to review applications for new cemeteries by considering criteria such as “‘the adequacy of existing facilities,’ “ and need based on the population growth and death rate. Id. (quoting § 497.006(3), Fla.”
— 497.002(1) — 1 case
Alderwoods Grp., Inc. v. Garcia, 119 So. 3d 497 (Fla. 3d DCA 2013). “§ 497.002(1), (3), Fla. Stat. (2011) (emphasis added).”
— 497.002(2) — 1 case
Arthur v. Milstein, 949 So. 2d 1163 (Fla. 4th DCA 2007). “See also § 497.002(2), Fla. Stat. (2006) (noting the purpose and intent of Chapter 497 expressly provides that subject to certain interests in society, "the Legislature finds that every competent adult has the right to *1166 control the decisions relating to his or her own…”
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