Bill Text: FL H0527 | 2010 | Regular Session | Comm Sub

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Bill Title: Florida Funeral, Cemetery, & Consumer Services Act

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced - Dead) 2010-04-27 - Placed on Special Order Calendar; Substituted CS/CS/SB 1152; Laid on Table, companion bill(s) passed, see CS/CS/SB 1152 (Ch. 2010-125) -HJ 01130 [H0527 Detail]

Download: Florida-2010-H0527-Comm_Sub.html

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CS/HB 527

1	A bill to be entitled
2	An act relating to the Florida Funeral, Cemetery, and
3	Consumer Services Act; amending s. 497.005, F.S.; defining
4	the terms "direct supervision" and "general supervision"
5	as they relate to supervision by funeral directors and
6	embalmers; amending s. 497.101, F.S.; revising
7	qualifications for the membership of the Board of Funeral,
8	Cemetery, and Consumer Services; amending s. 497.103,
9	F.S.; authorizing the waiver of certain provisions during
10	a state of emergency; amending s. 497.140, F.S.;
11	authorizing fees for certain inspections of licensees;
12	amending s. 497.141, F.S.; prohibiting the issuance or
13	renewal of a license to an applicant that has specified
14	criminal records under certain circumstances; authorizing
15	a licensing authority of the Department of Financial
16	Services to adopt rules; authorizing the licensing
17	authority to require the submission of applications in an
18	online electronic format; authorizing fees for
19	applications submitted in a paper format; amending s.
20	497.142, F.S.; requiring an applicant for renewal of a
21	license to disclose certain criminal offenses; requiring
22	an applicant for issuance or renewal of a license to
23	disclose certain criminal pleas; requiring the licensing
24	authority to adopt rules for the disclosure of criminal
25	records; authorizing an exception from disclosure
26	requirements for previously disclosed criminal records;
27	amending s. 497.143, F.S.; revising legislative intent;
28	authorizing the licensing authority to adopt rules for the
29	issuance of limited licenses to certain persons licensed
30	outside the state; revising eligibility and application
31	requirements for a limited license; amending s. 497.147,
32	F.S.; deleting limits on the continuing education credit
33	provided for attendance at board meetings; amending s.
34	497.152, F.S.; providing that certain criminal pleas are a
35	ground for denial of an application or discipline of a
36	licensee under chapter 497, F.S.; amending s. 497.161,
37	F.S.; authorizing the department to adopt rules that
38	temporarily suspend or modify certain provisions during
39	and following a state of emergency; amending s. 497.162,
40	F.S.; revising which nonlicensed personnel are required to
41	complete a course on communicable diseases; extending time
42	for completion of the course; amending s. 497.166, F.S.;
43	conforming terminology to changes made by the act;
44	amending s. 497.277, F.S.; authorizing a cemetery company
45	to charge a fee for performing specified duties related to
46	certain cemetery sales contracts; requiring disclosure of
47	the charges; exempting charges from certain trust deposit
48	requirements; authorizing the department to adopt rules;
49	amending s. 497.278, F.S.; authorizing a cemetery company
50	to require certain persons and firms to show proof of
51	certain insurance coverage; prohibiting a cemetery company
52	from setting certain insurance coverage limits; amending
53	s. 497.372, F.S.; revising the acts which are exempt from
54	regulation as the practice of funeral directing; amending
55	s. 497.373, F.S.; revising the educational and examination
56	requirements for licensure of funeral directors by
57	examination; revising requirements for supervision of
58	provisional licensees; amending s. 497.374, F.S.; revising
59	the examination requirements for licensure of funeral
60	directors by endorsement; amending s. 497.375, F.S.;
61	establishing educational requirements for funeral director
62	intern licenses; revising the application requirements for
63	funeral director intern licensees; revising requirements
64	for supervision of funeral director interns; providing for
65	the expiration of funeral director intern licenses;
66	prohibiting the renewal of funeral director intern
67	licenses except under certain circumstances; authorizing
68	rules for the renewal of funeral director intern licenses;
69	providing for license renewal fees; amending s. 497.376,
70	F.S.; deleting provisions requiring rules for the display
71	of certain licenses; amending s. 497.378, F.S.; conforming
72	the continuing education requirements for funeral
73	directors and embalmers to the repeal by the act of
74	provisions requiring a course on HIV and AIDS; authorizing
75	the licensing authority to adopt rules for the renewal of
76	funeral director and embalmer licenses; amending s.
77	497.380, F.S.; providing duties of a funeral director in
78	charge of a funeral establishment; requiring a funeral
79	director in charge to have an embalmer license and
80	providing exceptions; requiring the reporting of a change
81	in the funeral director in charge of a funeral
82	establishment; requiring certain licensees to display
83	their licenses in funeral establishments; creating s.
84	497.4555, F.S.; authorizing a preneed licensee to charge a
85	fee for performing certain duties related to a preneed
86	contract; requiring disclosure of the charges; exempting
87	charges from certain trust deposit requirements;
88	authorizing the department to adopt rules; amending s.
89	497.456, F.S.; authorizing requirements that certain
90	claims forms be sworn and notarized; amending s. 497.464,
91	F.S.; deleting a requirement that trust payments for
92	preneed contracts be deposited in this state; requiring
93	that funds discharging a preneed contract be disbursed
94	from the trust under certain circumstances; amending s.
95	497.602, F.S.; revising the course requirements for a
96	direct disposer license; deleting provisions requiring
97	rules for the display of certain licenses; amending s.
98	497.603, F.S.; requiring the licensing authority to adopt
99	rules for the renewal of direct disposer licenses;
100	requiring a course on communicable diseases; conforming
101	the continuing education requirements for direct disposers
102	to the repeal by the act of provisions requiring a course
103	on HIV and AIDS; amending s. 497.604, F.S.; requiring a
104	direct disposal establishment to have a licensed funeral
105	director act as the direct disposer in charge and
106	providing exceptions; requiring certain licensees to
107	display their licenses in direct disposal establishments;
108	repealing s. 497.367, F.S., relating to a continuing
109	education course required for funeral directors and
110	embalmers on HIV and AIDS; providing an effective date.
111
112	Be It Enacted by the Legislature of the State of Florida:
113
114	Section 1. Section 497.005, Florida Statutes, is amended
115	to read:
116	497.005 Definitions.-As used in this chapter, the term:
117	(1) "Alternative container" means an unfinished wood box
118	or other nonmetal receptacle or enclosure, without ornamentation
119	or a fixed interior lining, that is designed for the encasement
120	of human remains and that is made of fiberboard, pressed wood,
121	composition materials (with or without an outside covering), or
122	like materials.
123	(2) "At-need solicitation" means any uninvited contact by
124	a licensee or her or his agent for the purpose of the sale of
125	burial services or merchandise to the family or next of kin of a
126	person after her or his death has occurred.
127	(3) "Bank of belowground crypts" means any construction
128	unit of belowground crypts that is acceptable to the department
129	and that a cemetery uses to initiate its belowground crypt
130	program or to add to existing belowground crypt structures.
131	(4) "Belowground crypts" consist of interment space in
132	preplaced chambers, either side by side or multiple depth,
133	covered by earth and sod and known also as "lawn crypts,"
134	"westminsters," or "turf-top crypts."
135	(5) "Board" means the Board of Funeral, Cemetery, and
136	Consumer Services.
137	(6) "Burial merchandise," "funeral merchandise," or
138	"merchandise" means any personal property offered or sold by any
139	person for use in connection with the final disposition,
140	memorialization, interment, entombment, or inurnment of human
141	remains or cremated remains, including, but not limited to,
142	caskets, outer burial containers, alternative containers,
143	cremation containers, cremation interment containers, urns,
144	monuments, private mausoleums, flowers, benches, vases,
145	acknowledgment cards, register books, memory folders, prayer
146	cards, and clothing.
147	(7) "Burial right" means the right to use a grave space,
148	mausoleum, columbarium, ossuary, or scattering garden for the
149	interment, entombment, inurnment, or other disposition of human
150	remains or cremated remains.
151	(8) "Burial service" or "service" means any service
152	offered or provided in connection with the final disposition,
153	memorialization, interment, entombment, or inurnment of human
154	remains or cremated remains.
155	(9) "Care and maintenance" means the perpetual process of
156	keeping a cemetery and its lots, graves, grounds, landscaping,
157	roads, paths, parking lots, fences, mausoleums, columbaria,
158	vaults, crypts, utilities, and other improvements, structures,
159	and embellishments in a well-cared-for and dignified condition,
160	so that the cemetery does not become a nuisance or place of
161	reproach and desolation in the community. As specified in the
162	rules of the licensing authority, "care and maintenance" may
163	include, but is not limited to, any or all of the following
164	activities: mowing the grass at reasonable intervals; raking and
165	cleaning the grave spaces and adjacent areas; pruning of shrubs
166	and trees; suppression of weeds and exotic flora; and
167	maintenance, upkeep, and repair of drains, water lines, roads,
168	buildings, and other improvements. "Care and maintenance" may
169	include, but is not limited to, reasonable overhead expenses
170	necessary for such purposes, including maintenance of machinery,
171	tools, and equipment used for such purposes. "Care and
172	maintenance" may also include repair or restoration of
173	improvements necessary or desirable as a result of wear,
174	deterioration, accident, damage, or destruction. "Care and
175	maintenance" does not include expenses for the construction and
176	development of new grave spaces or interment structures to be
177	sold to the public.
178	(10) "Casket" means a rigid container that is designed for
179	the encasement of human remains and that is usually constructed
180	of wood or metal, ornamented, and lined with fabric.
181	(11) "Cemetery" means a place dedicated to and used or
182	intended to be used for the permanent interment of human remains
183	or cremated remains. A cemetery may contain land or earth
184	interment; mausoleum, vault, or crypt interment; a columbarium,
185	ossuary, scattering garden, or other structure or place used or
186	intended to be used for the interment or disposition of cremated
187	remains; or any combination of one or more of such structures or
188	places.
189	(12) "Cemetery company" means any legal entity that owns
190	or controls cemetery lands or property.
191	(13) "Centralized embalming facility" means a facility in
192	which embalming takes place that operates independently of a
193	funeral establishment licensee and that offers embalming
194	services to funeral directors for a fee.
195	(14) "Cinerator" means a facility where dead human bodies
196	are subjected to cremation.
197	(15) "Closed container" means any container in which
198	cremated remains can be placed and closed in a manner so as to
199	prevent leakage or spillage of the remains.
200	(16) "Columbarium" means a structure or building that is
201	substantially exposed above the ground and that is intended to
202	be used for the inurnment of cremated remains.
203	(17) "Common business enterprise" means a group of two or
204	more business entities that share common ownership in excess of
205	50 percent.
206	(18) "Control" means the possession, directly or
207	indirectly, through the ownership of voting shares, by contract,
208	arrangement, understanding, relationship, or otherwise, of the
209	power to direct or cause the direction of the management and
210	policies of a person or entity. However, a person or entity
211	shall not be deemed to have control if the person or entity
212	holds voting shares, in good faith and not for the purpose of
213	circumventing this definition, as an agent, bank, broker,
214	nominee, custodian, or trustee for one or more beneficial owners
215	who do not individually or as a group have control.
216	(19) "Cremated remains" means all the remains of the human
217	body recovered after the completion of the cremation process,
218	including processing or pulverization that leaves only bone
219	fragments reduced to unidentifiable dimensions and may include
220	the residue of any foreign matter, including casket material,
221	bridgework, or eyeglasses that were cremated with the human
222	remains.
223	(20) "Cremation" means any mechanical or thermal process
224	whereby a dead human body is reduced to ashes and bone
225	fragments. Cremation also includes any other mechanical or
226	thermal process whereby human remains are pulverized, burned,
227	recremated, or otherwise further reduced in size or quantity.
228	(21) "Cremation chamber" means the enclosed space within
229	which the cremation process takes place. Cremation chambers
230	covered by these procedures shall be used exclusively for the
231	cremation of human remains.
232	(22) "Cremation container" means the casket or alternative
233	container in which the human remains are transported to and
234	placed in the cremation chamber for a cremation. A cremation
235	container should meet substantially all of the following
236	standards:
237	(a) Be composed of readily combustible or consumable
238	materials suitable for cremation.
239	(b) Be able to be closed in order to provide a complete
240	covering for the human remains.
241	(c) Be resistant to leakage or spillage.
242	(d) Be rigid enough to be handled with ease.
243	(e) Be able to provide protection for the health, safety,
244	and personal integrity of crematory personnel.
245	(23) "Cremation interment container" means a rigid outer
246	container that, subject to a cemetery's rules and regulations,
247	is composed of concrete, steel, fiberglass, or some similar
248	material in which an urn is placed prior to being interred in
249	the ground and that is designed to support the earth above the
250	urn.
251	(24) "Department" means the Department of Financial
252	Services.
253	(25) "Direct disposal establishment" means a facility
254	licensed under this chapter where a direct disposer practices
255	direct disposition.
256	(26) "Direct disposer" means any person licensed under
257	this chapter to practice direct disposition in this state.
258	(27) "Direct supervision" means supervision by a licensed:
259	(a) Funeral director who provides initial direction and
260	periodic inspection of the arrangements and who is physically
261	present or on the premises of the funeral establishment at all
262	times when the tasks, functions, and duties relating to funeral
263	directing are performed; or
264	(b) Embalmer who provides initial direction and
265	instruction regarding the preservation of a dead human body in
266	its entirety or in part and who is physically present or on the
267	premises of the funeral establishment or embalming facility at
268	all times when the tasks, functions, and duties relating to
269	embalming are performed.
270	(28)(27) "Director" means the director of the Division of
271	Funeral, Cemetery, and Consumer Services.
272	(29)(28) "Disinterment" means removal of a dead human body
273	from earth interment or aboveground interment.
274	(30)(29) "Division" means the Division of Funeral,
275	Cemetery, and Consumer Services within the Department of
276	Financial Services.
277	(31)(30) "Embalmer" means any person licensed under this
278	chapter to practice embalming in this state.
279	(32)(31) "Final disposition" means the final disposal of a
280	dead human body by earth interment, aboveground interment,
281	cremation, burial at sea, or delivery to a medical institution
282	for lawful dissection if the medical institution assumes
283	responsibility for disposal. "Final disposition" does not
284	include the disposal or distribution of cremated remains and
285	residue of cremated remains.
286	(33)(32) "Funeral" or "funeral service" means the
287	observances, services, or ceremonies held to commemorate the
288	life of a specific deceased human being and at which the human
289	remains are present.
290	(34)(33) "Funeral director" means any person licensed
291	under this chapter to practice funeral directing in this state.
292	(35)(34) "Funeral establishment" means a facility licensed
293	under this chapter where a funeral director or embalmer
294	practices funeral directing or embalming.
295	(36) "General supervision" means supervision by a
296	licensed:
297	(a) Funeral director who is reasonably available and in a
298	position to provide direction and guidance by being physically
299	present, being on the premises of the funeral establishment, or
300	being in proximity to the funeral establishment and available
301	telephonically or by electronic communication at all times when
302	the tasks, functions, and duties relating to funeral directing
303	are performed; or
304	(b) Embalmer who is reasonably available and in a position
305	to provide direction and guidance by being physically present,
306	being on the premises of the funeral establishment or embalming
307	facility, or being in proximity to the funeral establishment or
308	embalming facility and available telephonically or by electronic
309	communication at all times when the tasks, functions, and duties
310	relating to embalming are performed.
311	(37)(35) "Grave space" means a space of ground in a
312	cemetery intended to be used for the interment in the ground of
313	human remains.
314	(38)(36) "Human remains" or "remains," or "dead human
315	body" or "dead human bodies," means the body of a deceased human
316	person for which a death certificate or fetal death certificate
317	is required under chapter 382 and includes the body in any stage
318	of decomposition.
319	(39)(37) "Legally authorized person" means, in the
320	priority listed, the decedent, when written inter vivos
321	authorizations and directions are provided by the decedent; the
322	surviving spouse, unless the spouse has been arrested for
323	committing against the deceased an act of domestic violence as
324	defined in s. 741.28 that resulted in or contributed to the
325	death of the deceased; a son or daughter who is 18 years of age
326	or older; a parent; a brother or sister who is 18 years of age
327	or older; a grandchild who is 18 years of age or older; a
328	grandparent; or any person in the next degree of kinship. In
329	addition, the term may include, if no family member exists or is
330	available, the guardian of the dead person at the time of death;
331	the personal representative of the deceased; the attorney in
332	fact of the dead person at the time of death; the health
333	surrogate of the dead person at the time of death; a public
334	health officer; the medical examiner, county commission, or
335	administrator acting under part II of chapter 406 or other
336	public administrator; a representative of a nursing home or
337	other health care institution in charge of final disposition; or
338	a friend or other person not listed in this subsection who is
339	willing to assume the responsibility as the legally authorized
340	person. Where there is a person in any priority class listed in
341	this subsection, the funeral establishment shall rely upon the
342	authorization of any one legally authorized person of that class
343	if that person represents that she or he is not aware of any
344	objection to the cremation of the deceased's human remains by
345	others in the same class of the person making the representation
346	or of any person in a higher priority class.
347	(40)(38) "License" includes all authorizations required or
348	issued under this chapter, except where expressly indicated
349	otherwise, and shall be understood to include authorizations
350	previously referred to as registrations or certificates of
351	authority in chapters 470 and 497 as those chapters appeared in
352	the 2004 edition of the Florida Statutes.
353	(41)(39) "Licensee" means the person or entity holding any
354	license or other authorization issued under this chapter, except
355	where expressly indicated otherwise.
356	(42)(40) "Mausoleum" means a structure or building that is
357	substantially exposed above the ground and that is intended to
358	be used for the entombment of human remains.
359	(43)(41) "Mausoleum section" means any construction unit
360	of a mausoleum that is acceptable to the department and that a
361	cemetery uses to initiate its mausoleum program or to add to its
362	existing mausoleum structures.
363	(44)(42) "Monument" means any product used for identifying
364	a grave site and cemetery memorials of all types, including
365	monuments, markers, and vases.
366	(45)(43) "Monument establishment" means a facility that
367	operates independently of a cemetery or funeral establishment
368	and that offers to sell monuments or monument services to the
369	public for placement in a cemetery.
370	(46)(44) "Net assets" means the amount by which the total
371	assets of a licensee, excluding goodwill, franchises, customer
372	lists, patents, trademarks, and receivables from or advances to
373	officers, directors, employees, salespersons, and affiliated
374	companies, exceed total liabilities of the licensee. For
375	purposes of this definition, the term "total liabilities" does
376	not include the capital stock, paid-in capital, or retained
377	earnings of the licensee.
378	(47)(45) "Net worth" means total assets minus total
379	liabilities pursuant to generally accepted accounting
380	principles.
381	(48)(46) "Niche" means a compartment or cubicle for the
382	memorialization or permanent placement of a container or urn
383	containing cremated remains.
384	(49)(47) "Ossuary" means a receptacle used for the
385	communal placement of cremated remains without benefit of an urn
386	or any other container in which cremated remains may be
387	commingled with other cremated remains and are nonrecoverable.
388	It may or may not include memorialization.
389	(50)(48) "Outer burial container" means an enclosure into
390	which a casket is placed and includes, but is not limited to,
391	vaults made of concrete, steel, fiberglass, or copper; sectional
392	concrete enclosures; crypts; and wooden enclosures.
393	(51)(49) "Person," when used without qualification such as
394	"natural" or "individual," includes both natural persons and
395	legal entities.
396	(52)(50) "Personal residence" means any residential
397	building in which one temporarily or permanently maintains her
398	or his abode, including, but not limited to, an apartment or a
399	hotel, motel, nursing home, convalescent home, home for the
400	aged, or a public or private institution.
401	(53)(51) "Practice of direct disposition" means the
402	cremation of human remains without preparation of the human
403	remains by embalming and without any attendant services or rites
404	such as funeral or graveside services or the making of
405	arrangements for such final disposition.
406	(54)(52) "Practice of embalming" means disinfecting or
407	preserving or attempting to disinfect or preserve dead human
408	bodies by replacing certain body fluids with preserving and
409	disinfecting chemicals.
410	(55)(53) "Practice of funeral directing" means the
411	performance by a licensed funeral director of any of those
412	functions authorized by s. 497.372.
413	(56)(54) "Preneed contract" means any arrangement or
414	method, of which the provider of funeral merchandise or services
415	has actual knowledge, whereby any person agrees to furnish
416	funeral merchandise or service in the future.
417	(57)(55) "Preneed sales agent" means any person who is
418	licensed under this chapter to sell preneed burial or funeral
419	service and merchandise contracts or direct disposition
420	contracts in this state.
421	(58)(56) "Principal" means and includes the sole
422	proprietor of a sole proprietorship; all partners of a
423	partnership; all members of a limited liability company;
424	regarding a corporation, all directors and officers, and all
425	stockholders controlling more than 10 percent of the voting
426	stock; and all other persons who can exercise control over the
427	person or entity.
428	(59)(57) "Processing" means the reduction of identifiable
429	bone fragments after the completion of the cremation process to
430	unidentifiable bone fragments by manual means.
431	(60)(58) "Profession" and "occupation" are used
432	interchangeably in this chapter. The use of the word
433	"profession" in this chapter with respect to any activities
434	regulated under this chapter shall not be deemed to mean that
435	such activities are not occupations for other purposes in state
436	or federal law.
437	(61)(59) "Pulverization" means the reduction of
438	identifiable bone fragments after the completion of the
439	cremation and processing to granulated particles by manual or
440	mechanical means.
441	(62)(60) "Refrigeration facility" means a facility that is
442	operated independently of a funeral establishment, crematory, or
443	direct disposal establishment, that maintains space and
444	equipment for the storage and refrigeration of dead human
445	bodies, and that offers its service to funeral directors,
446	funeral establishments, direct disposers, direct disposal
447	establishments, or crematories for a fee.
448	(63)(61) "Religious institution" means an organization
449	formed primarily for religious purposes that has qualified for
450	exemption from federal income tax as an exempt organization
451	under the provisions of s. 501(c)(3) of the Internal Revenue
452	Code of 1986, as amended.
453	(64)(62) "Removal service" means any service that operates
454	independently of a funeral establishment or a direct disposal
455	establishment, that handles the initial removal of dead human
456	bodies, and that offers its service to funeral establishments
457	and direct disposal establishments for a fee.
458	(65)(63) "Rules" refers to rules adopted under this
459	chapter unless expressly indicated to the contrary.
460	(66)(64) "Scattering garden" means a location set aside,
461	within a cemetery, that is used for the spreading or
462	broadcasting of cremated remains that have been removed from
463	their container and can be mixed with or placed on top of the
464	soil or ground cover or buried in an underground receptacle on a
465	commingled basis and that are nonrecoverable. It may or may not
466	include memorialization.
467	(67)(65) "Servicing agent" means any person acting as an
468	independent contractor whose fiduciary responsibility is to
469	assist both the trustee and licensee in administrating their
470	responsibilities pursuant to this chapter.
471	(68)(66) "Solicitation" means any communication that
472	directly or implicitly requests an immediate oral response from
473	the recipient.
474	(69)(67) "Statutory accounting" means generally accepted
475	accounting principles, except as modified by this chapter.
476	(70)(68) "Temporary container" means a receptacle for
477	cremated remains usually made of cardboard, plastic, or similar
478	material designated to hold the cremated remains until an urn or
479	other permanent container is acquired.
480	(71)(69) "Urn" means a receptacle designed to permanently
481	encase cremated remains.
482	Section 2. Subsection (2) of section 497.101, Florida
483	Statutes, is amended to read:
484	497.101 Board of Funeral, Cemetery, and Consumer Services;
485	membership; appointment; terms.-
486	(2) Two members of the board shall be funeral directors
487	licensed under part III of this chapter who are associated with
488	a funeral establishment. One member of the board shall be a
489	funeral director licensed under part III of this chapter who is
490	associated with a funeral establishment licensed under part III
491	of this chapter that has a valid preneed license issued pursuant
492	to this chapter and who owns or operates a cinerator facility
493	approved under chapter 403 and licensed under part VI of this
494	chapter. Two members of the board shall be persons whose primary
495	occupation is associated with a cemetery company licensed
496	pursuant to this chapter. Three members of the board shall be
497	consumers who are residents of the state, have never been
498	licensed as funeral directors or embalmers, are not connected
499	with a cemetery or cemetery company licensed pursuant to this
500	chapter, and are not connected with the death care industry or
501	the practice of embalming, funeral directing, or direct
502	disposition. One of the consumer members shall be at least 60
503	years of age, and one shall be licensed as a certified public
504	accountant under chapter 473. One member of the board shall be a
505	principal of a monument establishment licensed under this
506	chapter as a monument builder or, for board appointments made
507	before June 1, 2006, a licensed monument establishment certified
508	by the department to be eligible for licensure as a monument
509	builder. One member shall be the State Health Officer or her or
510	his designee. There shall not be two or more board members who
511	are principals or employees of the same company or partnership
512	or group of companies or partnerships under common control.
513	Section 3. Subsection (8) is added to section 497.103,
514	Florida Statutes, to read:
515	497.103 Authority of board and department; Chief Financial
516	Officer recommendations.-
517	(8) STATE-OF-EMERGENCY WAIVER.-The licensing authority may
518	temporarily waive any provision of this chapter during a state
519	of emergency declared pursuant to s. 252.36 in any threatened
520	area or areas specified in the Governor's executive order or
521	proclamation.
522	Section 4. Subsection (9) is added to section 497.140,
523	Florida Statutes, to read:
524	497.140 Fees.-
525	(9) The licensing authority may impose a fee upon a
526	licensee for conducting an inspection of the licensee's
527	facilities if required under this chapter following a change in
528	ownership or control or a change in location. The fee may not
529	exceed the amount of the licensee's annual inspection fee.
530	Section 5. Subsection (5) of section 497.141, Florida
531	Statutes, is amended, and subsection (13) is added to that
532	section, to read:
533	497.141 Licensing; general application procedures.-
534	(5)(a) The licensing authority may not issue, and
535	effective July 1, 2011, may not renew, a license under this
536	chapter to an applicant that has a criminal record required to
537	be disclosed under s. 497.142(10) unless the applicant
538	demonstrates that issuance of the license, according to rules
539	adopted by the licensing authority, does not create a danger to
540	the public. A licensee who previously disclosed her or his
541	criminal record upon initial application or renewal of her or
542	his license must only disclose a criminal offense for which the
543	licensee was convicted or entered a plea of guilty or nolo
544	contendere since the most recent renewal of her or his license
545	or, if the license has not been renewed, since the licensee's
546	initial application.
547	(b) The board may refuse to rule on an initial application
548	for licensure by any applicant who is under investigation or
549	prosecution in any jurisdiction for an action which there is
550	reasonable cause to believe would constitute a violation of this
551	chapter if committed in this state, until such time as such
552	investigation or prosecution is completed and the results of the
553	investigation or prosecution are reviewed by the board.
554	(13)(a) The licensing authority may adopt rules that
555	require applicants for any category of licensure under this
556	chapter to apply for the issuance or renewal of their licenses
557	in an online electronic format.
558	(b) The online electronic format for renewal of a license
559	must not allow submission of an improperly prepared renewal
560	application. Upon an applicant's submission of her or his
561	renewal application, the online electronic format must allow the
562	applicant to print a receipt of the properly prepared renewal
563	application.
564	(c) The rules may allow an applicant to submit a paper
565	form in lieu of the online electronic format and may impose an
566	additional fee not to exceed $25 per form for submitting the
567	paper form.
568	Section 6. Paragraphs (a), (b), and (g) of subsection (10)
569	of section 497.142, Florida Statutes, are amended to read:
570	497.142 Licensing; fingerprinting and criminal background
571	checks.-
572	(10)(a) When applying for any license under this chapter,
573	every applicant must shall be required to disclose the
574	applicant's criminal records in accordance with this subsection.
575	When applying for renewal of any license under this chapter,
576	every licensee must disclose only those criminal offenses
577	required to be disclosed under this subsection since the most
578	recent renewal of her or his license or, if the license has not
579	been renewed, since the licensee's initial application.
580	(b) The criminal record required to be disclosed shall be
581	any crime listed in paragraph (c) for of which the person or
582	entity required to make disclosure has been convicted or to
583	which that person or entity entered a plea in the nature of
584	guilty or nolo contendere no contest. Disclosure is shall be
585	required pursuant to this subsection regardless of whether
586	adjudication is was entered or withheld by the court in which
587	the case was prosecuted.
588	(g) The licensing authority shall may adopt rules
589	specifying forms and procedures to be used utilized by persons
590	required to disclose criminal records under this subsection. The
591	rules may require a licensee to disclose only those criminal
592	records that have not previously been disclosed under this
593	subsection at the renewal of her or his license or, if the
594	license has not been renewed, at the initial issuance of the
595	license. The licensing authority may conduct investigation and
596	further inquiry of any person regarding any criminal record
597	disclosed pursuant to this section.
598	Section 7. Subsections (1), (2), and (3) of section
599	497.143, Florida Statutes, are amended to read:
600	497.143 Licensing; limited licenses for times of critical
601	need retired professionals.-
602	(1) It is the intent of the Legislature that, absent a
603	threat to the health, safety, and welfare of the public, the use
604	of retired Florida licensees professionals in good standing and
605	active licensees in good standing from other jurisdictions, be
606	able to serve this state during times of critical need should be
607	encouraged. To that end, rules may be adopted to permit practice
608	by retired professionals as limited licensees under this
609	section.
610	(2) As used in For purposes of this section, the term
611	"critical need" means an executive order of from the Governor or
612	a federal order declaring that a state of emergency exists in an
613	area.
614	(3) The licensing authority may adopt rules for the
615	issuance of limited licenses in accordance with this section. A
616	Any person seeking desiring to obtain a limited license, when
617	permitted by rule, shall submit to the department an application
618	and fee, not to exceed $300, and an affidavit stating that the
619	applicant is a retired Florida licensee or holds an active
620	license has been licensed to practice in another any
621	jurisdiction of in the United States for at least 10 years in
622	the profession for which the applicant seeks the a limited
623	license. The affidavit shall also state that the applicant has
624	retired from the practice of that profession and intends to
625	practice only pursuant to the restrictions of the limited
626	license granted under pursuant to this section. If the applicant
627	for a limited license submits a notarized statement from the
628	employer stating that the applicant will not receive monetary
629	compensation for any service involving the practice of her or
630	his profession, all licensure fees shall be waived. In no event
631	may A person holding a limited license under this section may
632	not engage in preneed sales under the such limited license.
633	Section 8. Subsection (5) of section 497.147, Florida
634	Statutes, is amended to read:
635	497.147 Continuing education; general provisions.-
636	(5) The board may by rule provide up to 5 hours of
637	continuing education credit for each per continuing education
638	reporting period for licensees attending board meetings or
639	selected types or portions of board meetings, as specified by
640	such rules. The rules may limit the number of times such credit
641	may be utilized by a licensee. The rules may include provisions
642	that establish as to the minimum amount of time that must be
643	spent in the board meeting room viewing proceedings, which may
644	be more than 5 hours of attendance, requirements for advance
645	notice by licensees to department staff of proposed attendance,
646	requirements to sign in and out of the meeting room on lists
647	maintained at the meeting site by department staff, forms that
648	must be completed by the licensee to obtain such credit, and
649	such other requirements deemed by the board to be advisable or
650	necessary to prevent abuse of such rules and to ensure that
651	useful information is obtained by licensees as a result of
652	attendance. Procedural requirements of such rules requiring
653	action by the department are shall be subject to approval by the
654	department before prior to promulgation.
655	Section 9. Subsection (2) of section 497.152, Florida
656	Statutes, is amended to read:
657	497.152 Disciplinary grounds.-This section sets forth
658	conduct that is prohibited and that shall constitute grounds for
659	denial of any application, imposition of discipline, or other
660	enforcement action against the licensee or other person
661	committing such conduct. For purposes of this section, the
662	requirements of this chapter include the requirements of rules
663	adopted under authority of this chapter. No subsection heading
664	in this section shall be interpreted as limiting the
665	applicability of any paragraph within the subsection.
666	(2) CRIMINAL ACTIVITY.-Being convicted or found guilty of,
667	or entering a plea of guilty or nolo contendere to, regardless
668	of adjudication, a crime in any jurisdiction that relates to the
669	practice of, or the ability to practice, a licensee's profession
670	or occupation under this chapter.
671	Section 10. Subsection (4) is added to section 497.161,
672	Florida Statutes, to read:
673	497.161 Other rulemaking provisions.-
674	(4) The department may, subject to approval by the board,
675	adopt rules that temporarily suspend or modify any provision of
676	this chapter during a state of emergency declared pursuant to s.
677	252.36. The rules may only allow the suspension or modification
678	of a provision which is necessary or advisable to allow
679	licensees under this chapter to provide essential services to
680	the public under the emergency conditions. The rules may be
681	adopted before any emergency exists but may not take effect
682	until the Governor issues an executive order or proclamation
683	declaring a state of emergency. The rules may remain in effect
684	after a state of emergency is terminated but only for the
685	limited period necessary to allow transition back to normal
686	operations under the nonemergency requirements of this chapter.
687	However, a rule suspending or modifying any provision of this
688	chapter may not remain in effect for more than 12 months after
689	the state of emergency is terminated.
690	Section 11. Section 497.162, Florida Statutes, is amended
691	to read:
692	497.162 Health and safety education.-All individuals not
693	licensed under this chapter who intend to be employed as
694	operational personnel affiliated with a direct disposal
695	establishment, cinerator facility, removal service,
696	refrigeration facility, or centralized embalming facility who
697	have direct contact with, as well as all nonlicensed individuals
698	who intend to be involved in the removal or transportation of
699	human remains on behalf of a funeral establishment, direct
700	disposal establishment, or cinerator facility shall complete one
701	course approved by the licensing authority on communicable
702	diseases, within 30 10 days after the date that they begin
703	functioning as operational personnel on behalf of any entity
704	that is regulated by this chapter. The course shall not exceed 3
705	hours and shall be offered at approved locations throughout the
706	state. Such locations may include establishments that are
707	licensed under this chapter. The licensing authority shall adopt
708	rules to implement and enforce this provision, which rules shall
709	include provisions that provide for the use of approved
710	videocassette courses and other types of audio, video, Internet,
711	or home study courses to fulfill the continuing education
712	requirements of this section.
713	Section 12. Paragraphs (a) and (b) of subsection (3) of
714	section 497.166, Florida Statutes, are amended to read:
715	497.166 Preneed sales.-
716	(3)(a) The funeral director in charge of a funeral
717	establishment is shall be responsible for the control and
718	activities of the establishment's preneed sales agents.
719	(b) The direct disposer in charge or a funeral director
720	acting as the a direct disposer in charge of a direct disposal
721	establishment is shall be responsible for the control and
722	activities of the establishment's preneed sales agents.
723	Section 13. Subsection (6) is added to section 497.277,
724	Florida Statutes, to read:
725	497.277 Other charges.-Other than the fees for the sale of
726	burial rights, burial merchandise, and burial services, no other
727	fee may be directly or indirectly charged, contracted for, or
728	received by a cemetery company as a condition for a customer to
729	use any burial right, burial merchandise, or burial service,
730	except for:
731	(6) Charges paid for processing, filing, and archiving a
732	cemetery sales contract and for performing other administrative
733	duties related to the contract. However, these charges may not
734	be imposed on a cemetery sales contract for the opening and
735	closing of a grave or other burial right or for the installation
736	of a vault in a grave for which burial rights were previously
737	purchased. A cemetery company must disclose these charges to the
738	customer and include them on its standard printed price lists
739	and other disclosure information provided to the public under s.
740	497.282. These charges are not subject to the trust deposit
741	requirements in s. 497.458. The department may, subject to
742	approval by the board, adopt rules to administer this
743	subsection.
744	Section 14. Subsection (3) of section 497.278, Florida
745	Statutes, is amended to read:
746	497.278 Monuments; installation fees.-
747	(3) A cemetery company may not require any person or firm
748	that delivers, installs, places, or sets a monument to show
749	proof of liability obtain any form of insurance coverage and, if
750	required by law, workers' compensation insurance coverage.
751	However, a cemetery company may not set liability insurance
752	coverage limits or require any person or firm to obtain any form
753	of bond, or surety, or make any form of pledge, deposit, or
754	monetary guarantee, as a condition for entry on or access to
755	cemetery property.
756	Section 15. Paragraph (a) of subsection (2) of section
757	497.372, Florida Statutes, is amended to read:
758	497.372 Funeral directing; conduct constituting funeral
759	directing.-
760	(2) The practice of funeral directing shall not be
761	construed to consist of the following functions:
762	(a) The phoning-in, or faxing, or electronic transmission
763	of obituary notices; ordering of flowers or merchandise;
764	delivery of death certificates to attending physicians; or
765	clerical preparation and processing of death certificates,
766	insurance forms, and any clerical tasks that record the
767	information compiled by the funeral director or that are
768	incidental to any of the functions specified above.
769	Section 16. Paragraph (d) of subsection (1) and
770	subsections (2) and (3) of section 497.373, Florida Statutes,
771	are amended to read:
772	497.373 Funeral directing; licensure as a funeral director
773	by examination; provisional license.-
774	(1) Any person desiring to be licensed as a funeral
775	director shall apply to the licensing authority to take the
776	licensure examination. The licensing authority shall examine
777	each applicant who has remitted an examination fee set by rule
778	of the licensing authority not to exceed $200 plus the actual
779	per applicant cost to the licensing authority for portions of
780	the examination and who the licensing authority certifies has:
781	(d)1. Received an associate in arts degree, associate in
782	science degree, or an associate in applied science degree in
783	mortuary science approved by the licensing authority; or
784	2. Holds an associate degree or higher from a college or
785	university accredited by a regional accrediting agency
786	association of colleges and schools recognized by the United
787	States Department of Education and is a graduate of a at least
788	an approved 1-year course of study in mortuary science or
789	funeral service arts approved by the licensing authority from a
790	college or university accredited by the American Board of
791	Funeral Service Education.
792	(2) The licensing authority shall license the applicant as
793	a funeral director if she or he:
794	(a) Passes an examination on the subjects of the theory
795	and practice of funeral directing and funeral service arts,
796	public health and sanitation, and local, state, and federal laws
797	and rules relating to the disposition of dead human bodies;
798	however, the licensing authority may approve there may be
799	approved by rule the use of a national examination, such as the
800	funeral service arts examination prepared by the Conference of
801	Funeral Service Examining Boards, in lieu of part of this
802	examination requirement.
803	(b) Passes an examination approved by the department on
804	the local, state, and federal laws and rules relating to the
805	disposition of dead human bodies.
806	(c)(b) Completes a 1-year internship under a licensed
807	funeral director.
808	(3) Any applicant who has completed the required 1-year
809	internship and has been approved for examination as a funeral
810	director may qualify for a provisional license to work in a
811	licensed funeral establishment, under the direct supervision of
812	a licensed funeral director for a limited period of 6 months as
813	provided by rule of the licensing authority. However, a
814	provisional licensee may work under the general supervision of a
815	licensed funeral director upon passage of the laws-and-rules
816	examination required under paragraph (2)(b). The fee for
817	provisional licensure shall be set by rule of the licensing
818	authority but may not exceed $200. The fee required in this
819	subsection shall be nonrefundable and in addition to the fee
820	required by subsection (1). This provisional license may be
821	renewed no more than one time.
822	Section 17. Paragraph (b) of subsection (1) of section
823	497.374, Florida Statutes, is amended to read:
824	497.374 Funeral directing; licensure as a funeral director
825	by endorsement; licensure of a temporary funeral director.-
826	(1) The licensing authority shall issue a license by
827	endorsement to practice funeral directing to an applicant who
828	has remitted a fee set by rule of the licensing authority not to
829	exceed $200 and who:
830	(b)1. Holds a valid license to practice funeral directing
831	in another state of the United States, provided that, when the
832	applicant secured her or his original license, the requirements
833	for licensure were substantially equivalent to or more stringent
834	than those existing in this state; or
835	2. Meets the qualifications for licensure in s. 497.373
836	and has successfully completed a state, regional, or national
837	examination in mortuary science or funeral service arts, which,
838	as determined by rule of the licensing authority, is
839	substantially equivalent to or more stringent than the
840	examination given by the licensing authority.
841	Section 18. Section 497.375, Florida Statutes, is amended
842	to read:
843	497.375 Funeral directing; licensure of a funeral director
844	intern.-
845	(1)(a) Any person desiring to become a funeral director
846	intern must apply to the licensing authority shall make
847	application on forms prescribed as required by rule of the
848	licensing authority, together with a nonrefundable fee set as
849	determined by rule of the licensing authority but not to exceed
850	$200.
851	(b)1. Except as provided in subparagraph 2., an applicant
852	must hold the educational credentials required for licensure of
853	a funeral director under s. 497.373(1)(d).
854	2. An applicant who has not completed the educational
855	credentials required for a funeral director license is eligible
856	for licensure as a funeral director intern if the applicant:
857	a. Holds an associate degree or higher in any field from a
858	college or university accredited by a regional accrediting
859	agency recognized by the United States Department of Education.
860	b. Is currently enrolled in and attending a licensing
861	authority-approved course of study in mortuary science or
862	funeral service arts required for licensure of a funeral
863	director under s. 497.373(1)(d)2.
864	c. Has taken and received a passing grade in a college
865	credit course in mortuary law or funeral service law and has
866	taken and received a passing grade in a college credit course in
867	ethics.
868	(c) An The application must include shall indicate the
869	name and address of the licensed funeral director licensed under
870	s. 497.373 or s. 497.374(1) under whose supervision the intern
871	will receive training and the name of the licensed funeral
872	establishment where the such training will is to be conducted.
873	(d) A The funeral director intern may perform only the
874	tasks, functions, and duties relating to funeral directing that
875	are performed shall intern under the direct supervision of a
876	licensed funeral director who has an active, valid license under
877	s. 497.373 or s. 497.374(1). However, a funeral director intern
878	may perform those tasks, functions, and duties under the general
879	supervision of a licensed funeral director upon graduation from
880	a licensing authority-approved course of study in mortuary
881	science or funeral service arts required under s.
882	497.373(1)(d)2. and passage of the laws-and-rules examination
883	required under s. 497.373(2)(b), if the funeral director in
884	charge of the funeral director internship training agency, after
885	6 months of direct supervision, certifies to the licensing
886	agency that the intern is competent to complete the internship
887	under general supervision.
888	(2) Rules shall be adopted establishing a funeral director
889	internship program and criteria for funeral director intern
890	training agencies and supervisors. Any funeral establishment
891	where funeral directing is conducted may apply to the licensing
892	authority for approval as a funeral director intern training
893	agency.
894	(3) A funeral establishment designated as a funeral
895	director intern training agency may not exact a fee from any
896	person obtaining intern training at such funeral establishment.
897	(4)(a) A funeral director intern license expires 1 year
898	after issuance and, except as provided in paragraph (b) or
899	paragraph (c), may not be renewed.
900	(b) A funeral director intern who is eligible for
901	licensure under subparagraph (1)(b)2. may renew her or his
902	funeral director intern license for an additional 1-year period
903	if the funeral director in charge of the funeral director intern
904	training agency certifies to the licensing authority that the
905	intern has completed at least one-half of the course of study in
906	mortuary science or funeral service arts.
907	(c) The licensing authority may adopt rules that allow a
908	funeral director intern to renew her or his funeral director
909	intern license for an additional 1-year period if the funeral
910	director intern demonstrates her or his failure to complete the
911	internship before expiration of the license due to illness,
912	personal injury, or other substantial hardship beyond her or his
913	reasonable control or demonstrates that she or he has completed
914	the requirements for licensure as a funeral director but is
915	awaiting the results of a licensure examination. However, a
916	funeral director intern who renews her or his license under
917	paragraph (b) is not eligible to renew the license under this
918	paragraph.
919	(d) The licensing authority may require payment of a
920	nonrefundable fee for the renewal of any funeral director intern
921	license. The fee shall be set by rule of the licensing authority
922	but may not exceed the fee set pursuant to paragraph (1)(a) for
923	an initial funeral director intern license.
924	Section 19. Section 497.376, Florida Statutes, is amended
925	to read:
926	497.376 License as funeral director and embalmer
927	permitted; display of license.-
928	(1) Nothing in This chapter does not may be construed to
929	prohibit a person from holding a license as an embalmer and a
930	license as a funeral director at the same time. There may be
931	issued and renewed by the licensing authority a combination
932	license as both funeral director and embalmer to persons meeting
933	the separate requirements for both licenses as set forth in this
934	chapter. The licensing authority may adopt rules providing
935	procedures for applying for and renewing such combination
936	license. The licensing authority may by rule establish
937	application, renewal, and other fees for such combination
938	license, which fees shall not exceed the sum of the maximum fees
939	for the separate funeral director and embalmer license
940	categories as provided in this chapter. Persons holding a
941	combination license as a funeral director and an embalmer shall
942	be subject to regulation under this chapter both as a funeral
943	director and an embalmer.
944	(2) There shall be adopted rules which require each
945	license issued under this chapter to be displayed in such a
946	manner as to make it visible to the public and to facilitate
947	inspection by the licensing authority. However, each licensee
948	shall permanently affix a recent photograph of the licensee to
949	each displayed license issued to that licensee as a funeral
950	director or embalmer.
951	Section 20. Subsection (1) of section 497.378, Florida
952	Statutes, is amended to read:
953	497.378 Renewal of funeral director and embalmer
954	licenses.-
955	(1) The licensing authority There shall renew be renewed a
956	funeral director or embalmer license upon receipt of the renewal
957	application and fee set by the licensing authority, not to
958	exceed $500. The licensing authority may adopt rules for the
959	renewal of a funeral director or embalmer license. The rules may
960	require prescribe by rule continuing education requirements of
961	up to 12 classroom hours and may by rule establish criteria for
962	accepting alternative nonclassroom continuing education on an
963	hour-for-hour basis, in addition to a licensing authority-
964	approved course on communicable diseases that includes the
965	course on human immunodeficiency virus and acquired immune
966	deficiency syndrome required by s. 497.367, for the renewal of a
967	funeral director or embalmer license. The rules rule may also
968	provide for the waiver of continuing education requirements in
969	circumstances that would justify the waiver, such as hardship,
970	disability, or illness. The continuing education requirement is
971	not required for a licensee who is over the age of 75 years if
972	the licensee does not qualify as the sole person in charge of an
973	establishment or facility.
974	Section 21. Subsections (7) and (12) of section 497.380,
975	Florida Statutes, are amended, and subsection (15) is added to
976	that section, to read:
977	497.380 Funeral establishment; licensure; display of
978	license.-
979	(7) Each licensed funeral establishment shall have one
980	full-time funeral director in charge and shall have a licensed
981	funeral director reasonably available to the public during
982	normal business hours for the that establishment. The full-time
983	funeral director in charge is responsible for ensuring that the
984	facility, its operation, and all persons employed in the
985	facility comply with all applicable state and federal laws and
986	rules. The full-time funeral director in charge must have an
987	active license and may not be the full-time funeral director in
988	charge of any other funeral establishment or of any other direct
989	disposal establishment. Effective October 1, 2010, the full-time
990	funeral director in charge must hold an active, valid embalmer
991	license or combination license as a funeral director and an
992	embalmer. However, a funeral director may continue as the full-
993	time funeral director in charge without an embalmer or
994	combination license if, as of September 30, 2010:
995	(a) The funeral establishment and the funeral director
996	both have active, valid licenses.
997	(b) The funeral director is currently the full-time
998	funeral director in charge of the funeral establishment.
999	(c) The name of the funeral director was included, as
1000	required in subsection (4), in the funeral establishment's most
1001	recent application for issuance or renewal of its license or was
1002	included in the establishment's report of change provided under
1003	paragraph (12)(c).
1004	(12)(a) A change in ownership of a funeral establishment
1005	shall be promptly reported pursuant to procedures established by
1006	rule and shall require the relicensure of the funeral
1007	establishment, including reinspection and payment of applicable
1008	fees.
1009	(b) A change in location of a funeral establishment shall
1010	be promptly reported to the licensing authority pursuant to
1011	procedures established by rule. Operations by the licensee at a
1012	new location may not commence until an inspection by the
1013	licensing authority of the facilities, pursuant to rules of the
1014	licensing authority, has been conducted and passed at the new
1015	location.
1016	(c) A change in the funeral director in charge of a
1017	funeral establishment shall be promptly reported pursuant to
1018	procedures established by rule.
1019	(15)(a) A funeral establishment and each funeral director
1020	and, if applicable, embalmer employed at the establishment must
1021	display their current licenses in a conspicuous place within the
1022	establishment in such a manner as to make the licenses visible
1023	to the public and to facilitate inspection by the licensing
1024	authority. If a licensee is simultaneously employed at more than
1025	one location, the licensee may display a copy of the license in
1026	lieu of the original.
1027	(b) Each licensee shall permanently affix a photograph
1028	taken of the licensee within the previous 6 years to each
1029	displayed license issued to that licensee as a funeral director
1030	or embalmer.
1031	Section 22. Section 497.4555, Florida Statutes, is created
1032	to read:
1033	497.4555 Charges for preneed contract.-A preneed licensee
1034	may charge the purchaser of a preneed contract for processing,
1035	filing, and archiving the contract and for performing other
1036	administrative duties related to the contract. A preneed
1037	licensee must disclose these charges to the purchaser and
1038	include them on its standard printed price lists and other
1039	disclosure information provided to the public under s. 497.468.
1040	These charges are not subject to the trust deposit requirements
1041	in s. 497.458. The department may, subject to approval by the
1042	board, adopt rules to administer this section.
1043	Section 23. Paragraph (a) of subsection (13) of section
1044	497.456, Florida Statutes, is amended to read:
1045	497.456 Preneed Funeral Contract Consumer Protection Trust
1046	Fund.-
1047	(13) Regarding the Preneed Funeral Contract Consumer
1048	Protection Trust Fund, the licensing authority shall have
1049	authority to adopt rules for the implementation of this section,
1050	including:
1051	(a) Forms to be used in filing claims against the trust
1052	fund, which may require that the claims be sworn to or affirmed,
1053	and that the forms be signed, before a notary public.
1054	Section 24. Subsections (3) and (7) of section 497.464,
1055	Florida Statutes, are amended to read:
1056	497.464 Alternative preneed contracts.-
1057	(3) The contract must require that the purchaser make all
1058	payments required by the contract directly to the trustee or its
1059	qualified servicing agent and that the funds shall be deposited
1060	in this state, subject to the terms of a trust instrument
1061	approved by the licensing authority. The licensing authority may
1062	adopt rules establishing procedures and forms for the submission
1063	of trust instruments for approval by the licensing authority,
1064	establishing criteria for the approval of such trust
1065	instruments, and specifying information required to be provided
1066	by the applicant in connection with submission of a trust
1067	instrument for approval. A copy of the trust instrument shall be
1068	made available to the purchaser, at any reasonable time, upon
1069	request.
1070	(7) The trustee shall disburse Disbursement of funds
1071	discharging a any preneed contract shall be made by the trustee
1072	to the person issuing or writing the such contract upon the
1073	trustee's receipt of a certified copy of the contract
1074	beneficiary's death certificate or satisfactory of the contract
1075	beneficiary and evidence, as the licensing authority shall
1076	define by rule, satisfactory to the trustee that the preneed
1077	contract has been fully performed in whole or in part. However,
1078	if the contract is only partially performed, the disbursement
1079	shall only cover that portion of the contract performed. In the
1080	event of any contract default by the contract purchaser, or in
1081	the event that the funeral merchandise or service contracted for
1082	is not provided or is not desired by the purchaser or the heirs
1083	or personal representative of the contract beneficiary, the
1084	trustee shall return, within 30 days after its receipt of a
1085	written request therefor, funds paid on the contract to the
1086	contract purchaser or to her or his assigns, heirs, or personal
1087	representative, subject to the lawful liquidation damage
1088	provision in the contract.
1089	Section 25. Paragraph (b) of subsection (3) and subsection
1090	(5) of section 497.602, Florida Statutes, are amended to read:
1091	497.602 Direct disposers, license required; licensing
1092	procedures and criteria; regulation.-
1093	(3) ACTION CONCERNING APPLICATIONS.-A duly completed
1094	application for licensure under this section, accompanied by the
1095	required fees, shall be approved if the licensing authority
1096	determines that the following conditions are met:
1097	(b) The applicant has taken and received a passing grade
1098	in a college credit course in Florida mortuary law and has taken
1099	and received a passing grade in a college credit course in
1100	ethics.
1101	(5) DISPLAY OF LICENSE.-There shall be adopted rules which
1102	require each license issued under this section to be displayed
1103	in such a manner as to make it visible to the public and to
1104	facilitate inspection by the department. Each licensee shall
1105	permanently affix a recent photograph of the licensee to each
1106	displayed license issued to that licensee as a direct disposer.
1107	Section 26. Subsection (2) of section 497.603, Florida
1108	Statutes, is amended to read:
1109	497.603 Direct disposers, renewal of license.-
1110	(2) The licensing authority There shall adopt be adopted
1111	rules establishing procedures, forms, and a schedule and forms
1112	and procedure for the biennial renewal of direct disposer
1113	licenses as direct disposers. The rules There shall require be
1114	adopted by rule continuing education requirements of up to 6
1115	classroom hours, including, but not limited to, a course on
1116	communicable diseases approved by the licensing authority, and
1117	there may establish by rule be established criteria for
1118	accepting alternative nonclassroom continuing education on an
1119	hour-for-hour basis, in addition to an approved course on
1120	communicable diseases that includes the course on human
1121	immunodeficiency virus and acquired immune deficiency syndrome
1122	required by s. 497.367, for the renewal of a license as a direct
1123	disposer.
1124	Section 27. Paragraph (c) of subsection (2), subsection
1125	(8), and paragraph (d) of subsection (9) of section 497.604,
1126	Florida Statutes, are amended, and subsection (10) is added to
1127	that section, to read:
1128	497.604 Direct disposal establishments, license required;
1129	licensing procedures and criteria; license renewal; regulation;
1130	display of license.-
1131	(2) APPLICATION PROCEDURES.-
1132	(c) The application shall name the licensed direct
1133	disposer or licensed funeral director who will be acting as the
1134	a direct disposer in charge of the direct disposal
1135	establishment.
1136	(8) SUPERVISION OF FACILITIES.-
1137	(a) Effective October 1, 2010, each direct disposal
1138	establishment shall have one full-time licensed direct disposer
1139	or licensed funeral director acting as the a direct disposer in
1140	charge. However, a licensed direct disposer may continue acting
1141	as the direct disposer in charge, if, as of September 30, 2010:
1142	1. The direct disposal establishment and the licensed
1143	direct disposer both have active, valid licenses.
1144	2. The licensed direct disposer is currently acting as the
1145	direct disposer in charge of the direct disposal establishment.
1146	3. The name of the licensed direct disposer was included,
1147	as required in paragraph (2)(c), in the direct disposal
1148	establishment's most recent application for issuance or renewal
1149	of its license or was included in the establishment's notice of
1150	change provided under subsection (7).
1151	(b) The licensed funeral director or licensed direct
1152	disposer in charge of a direct disposal establishment must be
1153	and reasonably available to the public during normal business
1154	hours for the that establishment and. Such person may be in
1155	charge of only one direct disposal establishment facility. The
1156	Such licensed funeral director or licensed direct disposer in
1157	charge of the establishment is shall be responsible for making
1158	sure the facility, its operations, and all persons employed in
1159	the facility comply with all applicable state and federal laws
1160	and rules.
1161	(9) REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.-
1162	(d) Each direct disposal establishment must display at the
1163	public entrance the name of the establishment and the name of
1164	the licensed direct disposer or licensed funeral director acting
1165	as the a direct disposer in charge of the responsible for that
1166	establishment. A direct disposal establishment must transact its
1167	business under the name by which it is licensed.
1168	(10) DISPLAY OF LICENSE.-
1169	(a) A direct disposer establishment and each direct
1170	disposer, or funeral director acting as a direct disposer,
1171	employed at the establishment must display their current
1172	licenses in a conspicuous place within the establishment in such
1173	a manner as to make the licenses visible to the public and to
1174	facilitate inspection by the licensing authority. If a licensee
1175	is simultaneously employed at more than one location, the
1176	licensee may display a copy of the license in lieu of the
1177	original.
1178	(b) Each licensee shall permanently affix a photograph
1179	taken of the licensee within the previous 6 years to each
1180	displayed license issued to that licensee as a direct disposer
1181	or funeral director acting as a direct disposer.
1182	Section 28. Section 497.367, Florida Statutes, is
1183	repealed.
1184	Section 29. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.