Sec. 711.038. SALE OF PLOTS BY CEMETERY ORGANIZATIONS. (a) A cemetery organization may sell and convey the exclusive right of sepulture in a plot: (1) after a map or plat and a certificate or declaration of dedication are filed as provided by Section 711.034 ; (2) subject to the rules of the cemetery organization and the restrictions in the certificate of ownership or other instrument of conveyance; and (3) after payment in full of the purchase price of the plot. (b) A certificate of ownership or other instrument evidencing the conveyance of the exclusive right of sepulture by a cemetery organization must be signed by the president or vice-president and the secretary or other officers authorized by the cemetery organization. (c) A conveyance of the exclusive right of sepulture must be filed and recorded in the cemetery organization's office. (d) A plot or a part of a plot that is conveyed as a separate plot by a certificate of ownership or other instrument may not be divided without the consent of the cemetery organization. (e) A person is not required to be licensed or registered to sell a plot in a dedicated cemetery. (f) A cemetery organization may not resell the exclusive right of sepulture in a plot unless the exclusive right of sepulture has been reacquired by the cemetery organization. A sanction or other penalty may not be imposed on a cemetery organization that violates this subsection unless: (1) the state agency authorized to enforce this section provides the cemetery organization written notice of the violation; and (2) the cemetery organization does not correct the violation before the 91st day after the date on which the cemetery organization received the notice.
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