State Bd. of Funeral Directors and Embalmers v. National Chapels, Inc.
| Decision Date | 09 June 1971 |
| Docket Number | No. 40254,40254 |
| Citation | 249 So.2d 677 |
| Parties | The STATE BOARD OF FUNERAL DIRECTORS AND EMBALMERS for the State of Florida, Appellant, v. NATIONAL CHAPLES, INC., a Florida corporation, Appellee. |
| Court | Florida Supreme Court |
Robert L. Shevin, Atty. Gen., Gus Efthimiou, Jr., Asst. Atty. Gen., and Thomas H. Clark, Cincinnati, Ohio, for appellant.
C. Robert Burns, of Burns, Middleton, Farrell & Faust, Palm Beach, for appellee.
The issue here is the constitutionality of Fla.Stat. § 470.12(2)(d) and (i), F.S.A., relating to the revocation of a funeral director license when the licensee has engaged unauthorized persons for the purpose of soliciting business. The Circuit Court, Palm Beach County, held that these statutory provisions were unconstitutional under unspecified portions of the State and Federal Constitutions. We reverse and remand for further proceedings.
In April 1968, the appellant State Board filed a complaint against appellee National Chapels, Inc., alleging that National had violated Fla.Stat. § 470.12(4)(a) or (c), and also § 470.12(2)(d) and (i), F.S.A., by retaining numerous unlicensed persons to solicit business and perform functions reserved to licensed funeral directors and apprentices under Chapter 470, Florida Statutes. The purpose of the action was to obtain a revocation of National's license.
National responded with these affirmative defenses: (1) that § 470.12(2) (d) and (i) violated the 5th and 14th Amendments to the United States Constitution, and also Section 1, Declaration of Rights, Florida Constitution (1885), F.S.A.; (2) that its right to secure and solicit business was a property right which could not be encroached upon by statutes having no substantial relation to the public health, safety, morals or welfare; (3) that enforcement of these provisions would constitute a taking of property without due process; and (4) that its constitutional rights were further violated by the statutory designation of the business involved as a profession, thus denying to National courses of action available to other businesses generally. National also instituted a counterclaim in which these defenses were reiterated by way of complaint; additionally, the counterclaim asserted that since National's charter was granted prior to passage of Chapter 470, its right of contract could not be impaired by legislation under that Chapter.
Following a hearing on National's Motion to Dismiss the Complaint, and the State Board's Motion to Dismiss the Counterclaim, the Circuit Court entered an Order, presented here in part:
'An examination of decisions concerning solicitation indicates the numerous statutes prohibiting such practice by funeral directors have been enacted primarily to protect grief-stricken and emotional survivors from active solicitation of dead bodies.
'Had the Florida Statutes limited its application to preventing such practice, the Court could find, under the police power, the legislature acted properly and consistent with the health, safety and general welfare sought to be protected. However, the sections in question are so broad as to prohibit All solicitation and the payment of money to Any person to secure business. Section 470.12(d) (sic) would prevent the payment of compensation to any employee of a licensee who met the public and thereby played a part in securing business. Enforcement of Section 470.12(i) (sic) would prohibit all advertising.
'ORDERED AND ADJUDGED as follows:
In a subsequent Order, the Court granted National's Motion for Summary Judgment on its Counterclaim with a simple declaration that § 470.12(2)(d) and (i) contravened the State and Federal Constitutions.
The Circuit Court was in error when it entered these Orders. In ...
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Blue Hills Cemetery, Inc. v. Board of Registration in Embalming and Funeral Directing
...which are always rendered and most often contracted for under emotional circumstances. See State Bd. of Funeral Directors & Embalmers v. National Chapels, Inc., 249 So.2d 677, 678 (Fla.1971). "The Legislature possesses a large measure of discretion to determine what the public interests req......
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State Bd. of Funeral Directors and Embalmers of Fla. v. Evans, P--207
...has enumerated the functions which may not be performed by unlicensed personnel. State Board of Funeral Directors and Embalmers for State of Florida v. National Chapels, Inc., Fla., 1971, 249 So.2d 677.4 A type of police power; 'especially when the professions and occupations are of a publi......