The Florida Senate

497.201  Cemetery companies; license; application; fee.--

(1)  No person may operate a cemetery without first obtaining a license from the department, unless specifically exempted from this chapter.

(2)  The department may require any person desiring to establish a cemetery company who applies for a license to provide any information reasonably necessary to make a determination of the applicant's eligibility for licensure. Any person desiring to establish a cemetery company shall first:

(a)  File an application, which states the exact location of the proposed cemetery, which site shall contain not less than 30 contiguous acres; provide a financial statement signed by all officers of the company which attest to a net worth of at least $50,000, which net worth must be continuously maintained as a condition of licensure; and pay an application fee of $5,000;

(b)  Create a legal entity; and

(c)  Demonstrate to the satisfaction of the board that the applicant possesses the ability, experience, financial stability, and integrity to operate a cemetery.

(3)  If the board finds that the applicant meets the criteria established in subsection (2), the department shall notify the applicant that a license will be issued when:

(a)  The establishment of a care and maintenance trust fund containing not less than $50,000 has been certified by a trust company operating pursuant to chapter 660, a state or national bank holding trust powers, or a savings and loan association holding trust powers as provided in s. 497.423

(b)  The applicant has filed with the department development plans which are sufficient to ensure the department that the cemetery will provide adequate service to the community and which have been approved by the appropriate local governmental agency regulating zoning in the area of the proposed cemetery.

(c)  The applicant holds an unencumbered fee simple title to at least 30 contiguous acres of land.

(d)  The applicant has designated as general manager a person who has integrity, 3 years of cemetery management experience as defined by board rule, and the ability to operate a cemetery.

(e)  The applicant has fully developed not less than 2 acres for use as burial space, such development to include a paved road from a public roadway to the developed section.

(f)  The applicant has recorded, in the public records of the county in which the land is located, a notice which contains the following language:

NOTICE


The property described herein shall not be sold, conveyed, leased, mortgaged, or encumbered without the prior written approval of the Department of Financial Services, as provided in the Florida Funeral and Cemetery Services Act.


Such notice shall be clearly printed in boldfaced type of not less than 10 points and may be included on the face of the deed of conveyance to the licensee or may be contained in a separate recorded instrument which contains a description of the property.

(4)  The department shall issue a license to operate a cemetery company to any applicant who, within 12 months after notice that a license may be issued, meets the criteria of subsection (3). With respect to any application for which the department has given notice under subsection (3) on or after January 1, 1984, the board may, for good cause shown, grant up to two extensions of the 12-month period within which the applicant must meet the criteria of subsection (3).

History.--s. 4, ch. 59-363; s. 1, ch. 63-324; s. 2, ch. 65-288; ss. 12, 35, ch. 69-106; s. 3, ch. 72-78; s. 141, ch. 73-333; s. 3, ch. 76-168; s. 3, ch. 76-251; s. 1, ch. 77-457; s. 7, ch. 78-95; s. 1, ch. 78-369; s. 1, ch. 78-407; ss. 5, 39, 40, ch. 80-238; ss. 2, 3, ch. 81-318; s. 3, ch. 85-202; ss. 1, 4, ch. 87-39; s. 1, ch. 89-8; ss. 59, 122, ch. 93-399; s. 3, ch. 2001-120; s. 558, ch. 2003-261.

Note.--Former s. 559.33; s. 497.006.