2004 Florida Code
TITLE XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 497 FUNERAL AND CEMETERY SERVICES  
497.361   Registration of monument establishments.

1497.361  Registration of monument establishments.--

(1)  No person shall conduct, maintain, manage, or operate a monument establishment, unless such an establishment pays a registration fee of $200 and is registered with the department in accordance with this section.

(2)  A monument establishment shall be a physical structure that is located at a specific street address.

(3)  No person may engage in the retail sale of monuments or monument services to consumers, unless they are affiliated with a monument establishment, funeral establishment, or cemetery.

(4)  The department, by rule, shall provide for biennial renewal of registrants and a renewal fee of $150.

(5)  Monuments shall be delivered as established by this chapter and installed no later than 120 days after the date of sale. The establishment may request two 30-day extensions. Extensions may be granted by the executive director.

History.--s. 88, ch. 93-399; s. 18, ch. 96-400; s. 118, ch. 2004-301.

1Note.--Section 118, ch. 2004-301, renumbered s. 497.361 as s. 497.550 and amended the section, effective October 1, 2005, to read:

497.550  Licensure of monument establishments required; procedures and criteria.--

(1)  LICENSE REQUIRED.--No person shall conduct, maintain, manage, or operate a monument establishment in this state unless the monument establishment is licensed pursuant to this part.

(2)  APPLICATION PROCEDURES.--A person seeking licensure as a monument establishment shall apply for such licensure using forms prescribed by rule.

(a)  The application shall require the applicant's name and address, and the name and address of all principals of the applicant. The application shall require the applicant's social security number, or, if the applicant is an entity, its federal tax identification number.

(b)  The application may require information as to the applicant's financial resources, and may require information as to the experience of the applicant and its principals in the monument establishment business or death care industry.

(c)  The application shall require the applicant to disclose whether the applicant or any of its principals have ever been convicted or found guilty of, or entered a plea of no contest to, regardless of adjudication, any crime in any jurisdiction.

(d)  The application shall require the applicant to disclose whether the applicant or any of its principals have ever had a license or the authority to practice a profession or occupation revoked, suspended, fined, denied, or otherwise acted against or disciplined by the licensing authority of any jurisdiction.

(e)  The application shall require the applicant's principals to provide fingerprints in accordance with part I of this chapter.

(f)  The applicant shall be a natural person at least 18 years of age, a corporation, a partnership, or a limited liability company formed prior to January 1, 2005, which limited liability company already holds a license under this chapter.

(g)  The applications shall require the applicant to demonstrate that the applicant has, or will have before commencing operations, the facilities required under this part.

(h)  The application shall be signed by the applicant if a natural person, or by the president of an applicant that is a corporation.

(i)  The application shall be accompanied by an application fee as determined by licensing authority rule but not to exceed $500.

(3)  ACTION CONCERNING APPLICATIONS.--A duly completed application for licensure as a monument establishment, accompanied by the required application fee, shall be approved unless there is shown by clear and convincing evidence that the applicant will not, before commencing operations, have the facilities required by this part or that issuance of the license would pose an unreasonable risk to the public because 2of one or more of the following factors:

(a)  The applicant's lack of experience.

(b)  The applicant's lack of financial resources.

(c)  The criminal or disciplinary record of the applicant or its principals.

(d)  A demonstrated history of violations of the laws of this state by the applicant or its principals regarding the funeral or cemetery business or other business activities.

(e)  A demonstrated history of lack of trustworthiness or integrity on the part of the applicant or its principals.

(4)  PROBATIONARY STATUS.--It is the policy of this state to encourage competition for the public benefit in the monument establishment business by, among other means, the entry of new licensees into the monument establishment business. To facilitate issuance of licenses concerning applications judged by the licensing authority to be borderline as to qualification for licensure, the licensing authority may issue new monument establishment licenses on a probationary basis, subject to conditions specified by the licensing authority on a case-by-case basis, which conditions may impose special monitoring, reporting, and restrictions on operations for up to the first 24 months of licensure, to ensure the licensee's responsibleness, competency, and financial stability. However, no such probationary license shall be issued unless the licensing authority determines that issuance would not pose an unreasonable risk to the public, and the licensing authority must within 24 months after issuance of the license either remove the probationary status or determine that the licensee is not qualified for licensure and institute proceedings for revocation of licensure.

(5)  LICENSE NOT TRANSFERABLE OR ASSIGNABLE.--A monument establishment license shall not be transferable or assignable.

2Note.--The word "of" was inserted by the editors.