Bill Text: FL S0512 | 2014 | Regular Session | Comm Sub

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Bill Title: Cemeteries

Spectrum: Bipartisan Bill

Status: (Failed) 2014-05-02 - Died in Banking and Insurance [S0512 Detail]

Download: Florida-2014-S0512-Comm_Sub.html

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       Florida Senate - 2014                              CS for SB 512
       
       
        
       By the Committee on Regulated Industries; and Senator Flores
       
       
       
       
       
       580-02551-14                                           2014512c1
    1                        A bill to be entitled                      
    2         An act relating to cemeteries; amending s. 497.260,
    3         F.S.; revising the exemptions to ch. 497, F.S.,
    4         relating to cemeteries, to include certain religious
    5         institution-owned cemeteries; amending s. 497.452,
    6         F.S.; deleting obsolete provisions; conforming a
    7         provision to changes made by the act; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (j) is added to subsection (1) of
   13  section 497.260, Florida Statutes, to read:
   14         497.260 Cemeteries; exemption; investigation and
   15  mediation.—
   16         (1) The provisions of this chapter relating to cemeteries
   17  and all rules adopted pursuant thereto shall apply to all
   18  cemeteries except for:
   19         (j) A cemetery, including all associated mausoleums and
   20  columbaria, which is larger than 5 acres but does not exceed 60
   21  acres and which is owned by a religious institution, if the
   22  religious institution:
   23         1. Limits burial rights in the cemetery to members of the
   24  religious institution and their families; and
   25         2. Provides an annual certification to the department that
   26  it maintains funds in a separate account which are sufficient to
   27  cover maintenance costs and preneed agreements. The separate
   28  account must be maintained with a financial institution, as
   29  defined in s. 280.02, and may only be used for such purposes.
   30  The annual certification must be made under oath and identify
   31  the financial institution and the account number where the funds
   32  are maintained. The account must maintain the following minimum
   33  balance:
   34         a. For cemeteries that are larger than 5 acres but do not
   35  exceed 30 acres, $1 million.
   36         b. For cemeteries that are larger than 30 acres but do not
   37  exceed 60 acres, $2 million.
   38         Section 2. Subsection (4) of section 497.452, Florida
   39  Statutes, is amended to read:
   40         497.452 Preneed license required.—
   41         (4) The provisions of This section does do not apply to
   42  religious-institution-owned cemeteries exempt under s.
   43  497.260(1)(d) or (j), in counties with a population of at least
   44  960,000 persons on July 1, 1996, with respect to the sale to the
   45  religious institution’s members and their families of interment
   46  rights, mausoleums, crypts, cremation niches, cremation
   47  interment containers, vaults, liners, urns, memorials, vases,
   48  foundations, memorial bases, floral arrangements, monuments,
   49  markers, engraving, and the opening and closing of interment
   50  rights, mausoleums, crypts, cremation niches, and cremation
   51  interment containers, if such cemeteries have engaged in the
   52  sale of preneed contracts prior to October 1, 1993, and maintain
   53  a positive net worth at the end of each fiscal year of the
   54  cemetery.
   55         Section 3. This act shall take effect July 1, 2014.