Such refund shall be made within 30 days after receipt by the monument establishment of the customer’s written request for a refund. 2004-301; s. 6, ch. Upon a determination that such branch applicant qualifies to sell preneed contracts under this part except for the requirements of paragraph (2)(c), and if the sponsoring preneed licensee under whose preneed license the branch applicant seeks branch status meets the requirements of such paragraph and is in compliance with all requirements of this part regarding its preneed license and operations thereunder, a branch license shall be issued. Require waiver of liability with respect to damage caused by cemetery employees or agents to a monument after installation. Such designated mausoleum standards, as from time to time amended, shall be a part of the State Minimum Building Codes under s. 553.73 until the adoption and effective date of a new statewide uniform minimum building code, which may supersede the mausoleum standards as provided by the law enacting the new statewide uniform minimum building code. I of the State Constitution. 23, 122, ch. A determination by the department that there is reasonable cause to believe that a licensee under this chapter is subject to disciplinary action under this chapter and that the matter should be presented to a probable cause panel of the board, or that the licensee is not eligible for a citation pursuant to criteria established by the board. The licensing authority may adopt rules providing procedures for applying for and renewing such combination license. Ownership of proceeds received on contracts. For purposes of this subsection, an examination, inspection, or investigation shall be considered active so long as the examination, inspection, or investigation is proceeding with reasonable dispatch and the department has a reasonable good faith belief that the examination, inspection, or investigation may lead to the filing of an administrative, civil, or criminal proceeding or to the denial or conditional grant of an application for license or other approval required under this chapter. The actual laws are found in the Florida Statutes in Chapter 497 – Funeral, Cemetery, and Consumer Services. Denying claims or rejecting complaints received by a licensee from a customer or customer’s representative, relating to the licensee’s activities regulated by this chapter, without first conducting reasonable investigation based upon available information. Operators of vehicles in a funeral procession shall yield the right-of-way when directed to do so by a police officer. A monument establishment sales agent license under this section shall be renewed upon payment of a fee determined by rule of the licensing authority but not to exceed $250. Additional rights of legally authorized persons. 59-363; s. 8, ch. Each licensee under this chapter shall retain in its records all written complaints received by the licensee or the licensee’s staff. In addition to any fine and other sanction imposed, the board may order the payment by the licensee of the reasonable costs of the department and the board associated with investigation and prosecution of the matter, and may order the licensee to make restitution as directed by board order to persons harmed by the violation. “Division” means the Division of Funeral, Cemetery, and Consumer Services within the Department of Financial Services. The board shall enact rules consistent with this section specifying, according to what categories of licensure are represented on a probable cause panel, what categories of licensee cases may be presented to that panel. 78-407; ss. Emergency orders shall be effective when issued, shall be appealable as provided by law, and shall be enforceable in the courts of this state. It is the legislative intent that the costs of regulation under this chapter be provided for by fees collected under this chapter. The board may from time to time by rule increase said appointment fees but not to exceed $300. ISSUANCE OF LICENSES ON PROBATIONARY STATUS. Report of identification of exempt cemeteries. 10, 40, ch. 2, 3, ch. All subsequent terms shall be for 4 years. 69-106; s. 3, ch. Rules shall be adopted establishing a funeral director internship program and criteria for funeral director intern training agencies and supervisors. There shall be imposed pursuant to rule a fee for an inactive status license which is no greater than the fee for an active status license. Embalmer who is reasonably available and in a position to provide direction and guidance by being physically present, being on the premises of the funeral establishment or embalming facility, or being in proximity to the funeral establishment or embalming facility and available telephonically or by electronic communication at all times when the tasks, functions, and duties relating to embalming are performed. 62, 122, ch. Filling in any contract form for use with a particular customer using language that misrepresents the true nature of the contract. Embalming human remains without first having obtained written or oral permission from a legally authorized person; however, washing and other public health procedures, such as closing of the orifices by placing cotton soaked in a disinfectant in such orifices until authorization to embalm is received, shall not be precluded. 89-8; ss. Failing to perform any statutory or legal obligation placed upon a licensee. The appointed receiver shall be the department or such person as the department may nominate and the court shall approve. Payment of either fee shall entitle the applicant to one initial appointment without payment of further fees by the preneed sales agent or the appointing preneed licensee if a preneed sales agent license is issued. A direct disposer’s license shall be renewed upon receipt of the renewal application and fee set by rule of the licensing authority but not to exceed $500. Therefore, it is necessary in the interest of the public welfare to regulate preneed sales and cemeteries in this state. Appointments shall be effective when made and shall expire 24 months from the last day of the month in which the appointment was made unless earlier terminated by the preneed licensee or the preneed sales agent. 2005-155; s. 27, ch. 1, 5, ch. Any award of attorney’s fees or costs shall become a part of the judgment and shall be subject to execution as the law allows. The application shall be sworn to and signed in accordance with s. 497.141(12). 11, 122, ch. In any instance in which a licensee or applicant under this chapter is required to be in compliance with a particular provision by, on, or before a certain date, and if that date occurs on a Saturday, Sunday, or a legal holiday, then the licensee or applicant is deemed to be in compliance with the specific date requirement if the required action occurs on the first succeeding day which is not a Saturday, Sunday, or legal holiday. A full disclosure shall be made for all fees required for interment, entombment, or inurnment of human remains. 6, 7, ch. A request for additional investigative information shall be made within 15 days after the date of receipt by the probable cause panel of the investigative report of the department. Venue for judicial actions under this paragraph shall be, at the election of the department, in the courts of Leon County, or in a county where the respondent resides or has a place of business. If the department finds any accounts or records of a licensee required by this chapter to be created and maintained by the licensee to be inadequate or inadequately kept or posted, it may employ experts to reconstruct, rewrite, post, or balance them at the expense of the person being investigated, provided the person has failed to maintain, complete, or correct such records or accounting after the department has given the licensee notice and a reasonable opportunity to do so. When a preneed sales agent licensee is appointed by a preneed licensee, the department shall promptly give written notice to all other preneed licensees then having that same preneed sales agent under appointment. s. 119, ch. s. 21, ch. The failure to comply with this chapter shall nullify the agreement, and all moneys paid in shall be returned, notwithstanding the existence of any liquidated damages provision otherwise applicable by contract or statute. 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