Chapter 497: The Law That Governs Funeral Homes and Cemeteries

Florida regulates funeral homes, cemeteries, crematories, and pre-need sales through Chapter 497 of the Florida Statutes and the rules adopted under it. These laws set minimum standards. When a provider breaks them, the family may have a civil claim.

No standard jury instruction exists

There is no standard Florida jury instruction for a Chapter 497 claim. In a trial, the court crafts a special instruction using the statute's own words and the facts. We explain the claim here so you know what it involves.

What the claim is

Section 497.169, Florida Statutes, allows any person to bring a civil action against a person or company that violates Chapter 497. A defendant found to have violated the chapter is liable for the actual damages the violation caused, and the court may also award punitive damages as the common law allows and order the violations to stop. The same section says Chapter 497 adds to, and does not take away, the family's rights under general civil and common law. So the statutory claim sits alongside negligence and contract claims instead of replacing them. How courts apply the section to particular facts is a question a lawyer must check.

What kinds of violations come up

Without naming any provider, these are the subjects Chapter 497 and its rules commonly address:

• Licensing and the use of unlicensed persons.
• Required written disclosures and price lists.
• Written authorization before embalming, cremation, or other services.
• Identification and tracking of remains.
• Handling and storage of bodies and cremated remains.
• Contract terms and refund rights for pre-need arrangements.
• Trust and escrow of money paid in advance.

A lawyer must match each problem to the specific section of the law or rule that covers it.

Who can bring it

The statute says any person may bring the action, but the person must have been harmed by the violation. Typically that is the person who contracted for the services or the person with the legal right to decide what happens to the remains (section 497.005(43), Florida Statutes, defines the "legally authorized person"). Whether a particular relative can sue depends on the facts.

What must be proven

• The provider is covered by Chapter 497.
• It violated a specific provision of the chapter or its rules.
• The violation harmed the person bringing the claim.
• The harm has a measurable result, such as money lost or other damages the law recognizes.

A statutory violation can also serve as strong evidence that the provider failed to act as a careful provider would. That helps prove a negligence claim.

How and when it is pleaded

The statutory claim is pleaded as its own count in a civil complaint, with the specific provisions identified. It is usually joined to counts for negligence, breach of contract, and, where the evidence supports it, intentional or reckless mishandling. Deadlines apply, and they differ by type of claim (section 95.11, Florida Statutes). A lawyer should check them early.

A separate path: the regulator

Families may also file a complaint with the state agency that licenses and regulates this industry (the Division of Funeral, Cemetery, and Consumer Services within the Florida Department of Financial Services). A regulatory complaint can lead to discipline of a license, but it does not by itself pay the family back for what it lost. Filing one does not prevent a civil case. We can discuss when each step makes sense.

Damages

Depending on the violation, a family may seek money paid for services not provided, the cost of correcting the problem, other damages caused by the violation, and punitive damages where the law allows them. Attorney fees are limited. Section 497.169 lets the court award fees to the winning side only in cases against cemetery companies, burial rights brokers, monument establishments, and preneed sellers, and not against funeral homes or crematories licensed under the parts of Chapter 497 that cover them. Because the fee award goes to the prevailing party, it can cut both ways. We cannot promise any recovery.

Common defenses

• The provision cited does not reach this conduct or does not create a private claim.
• The provider complied, and its paperwork shows it.
• The family authorized the act in writing.
• The person suing is not the person the statute protects.
• The claim was filed too late.

What families should do now

1. Gather the contract, the price list you were given, every authorization you signed, and every receipt.
2. Write down who told you what, and when.
3. Request your file from the provider in writing.
4. Do not sign a release or accept a refund as a final settlement until a lawyer has reviewed it.
5. Call us.

(305) 209-0384. Available 24 hours a day, 7 days a week. Se habla español. Free consultation.

This page is general information, not legal advice, and it does not create an attorney-client relationship. Past outcomes do not guarantee future results.