The Florida Senate

¹497.025  Liability.--The cemetery owners, or the officers or directors of a cemetery company, may be held jointly and severally liable for any income from the care and maintenance trust fund which income is not used directly for the care and maintenance of a cemetery. The department or the receiver or administrator appointed pursuant to this chapter may bring suit in circuit court to recover such funds.

History.--s. 5, ch. 78-407; ss. 22, 40, ch. 80-238; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 122, ch. 93-399; s. 4, ch. 96-400; s. 35, ch. 2004-301.

¹Note.--Section 35, ch. 2004-301, renumbered s. 497.025 as s. 497.165 and amended the section, effective October 1, 2005, to read:

497.165  Liability of owners, directors, and officers regarding trust funds.--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 licensee, if their conduct, or their negligence in the performance of their duties, caused the deficiency or substantially contributed to conditions that allowed the deficiency to arise or increase.

Note.--Former s. 559.4405.