Florida Statute 497.002 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 497
FUNERAL, CEMETERY, AND CONSUMER SERVICES

View Entire Chapter

F.S. 497.002

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.

F.S. 497.002 on Google Scholar

F.S. 497.002 on CourtListener

Amendments to 497.002

Annotations, Discussions, Cases:

Cases Citing Statute 497.002

Total Results: 5

Alderwoods Group, Inc. v. Garcia

119 So. 3d 497, 2013 WL 3927691, 2013 Fla. App. LEXIS 12002

District Court of Appeal of Florida | Filed: Jul 31, 2013 | Docket: 60233623

Cited 5 times | Published

for those practitioners who violate the law. § 497.002(1), (3), Fla. Stat. (2011) (emphasis added). The

Boca Raton Mausoleum, Inc. v. STATE, DEPT. OF BANKING AND FINANCE

511 So. 2d 1060, 12 Fla. L. Weekly 2020

District Court of Appeal of Florida | Filed: Aug 18, 1987 | Docket: 1700673

Cited 5 times | Published

contemplated by the Florida Cemetery Act. Section 497.002 of the Act provides: 497.002 Purpose. The

Arthur v. Milstein

949 So. 2d 1163, 2007 WL 602630

District Court of Appeal of Florida | Filed: Feb 28, 2007 | Docket: 1720044

Cited 3 times | Published

arrangements for a deceased person. See also § 497.002(2), Fla. Stat. (2006) (noting the purpose and

Shands Jacksonville Medical Center, Inc. v. State, Department of Health

123 So. 3d 86, 2013 WL 4859092

District Court of Appeal of Florida | Filed: Sep 12, 2013 | Docket: 60235253

Published

maintain cemetery grounds.’ “ Id. at 1064 (quoting § 497.002, Fla. Stat.). Another statute directed the department

Ago

Florida Attorney General Reports | Filed: Sep 8, 2000 | Docket: 3257804

Published

Stat., sets forth the title of the act. 2 Section 497.002(1), Fla. Stat. 3 Section 497.003(1), Fla. Stat