Bill Text: FL S1152 | 2010 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Funeral, Cemetery, and Consumer Services Act [CPSC]
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-05-27 - Approved by Governor; Chapter No. 2010-125 [S1152 Detail]
Download: Florida-2010-S1152-Comm_Sub.html
Bill Title: Funeral, Cemetery, and Consumer Services Act [CPSC]
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-05-27 - Approved by Governor; Chapter No. 2010-125 [S1152 Detail]
Download: Florida-2010-S1152-Comm_Sub.html
Florida Senate - 2010 CS for SB 1152 By the Committee on Banking and Insurance; and Senators Bennett and Negron 597-04370-10 20101152c1 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.; 4 defining the terms “direct supervision” and “general 5 supervision” as they relate to supervision by funeral 6 directors and embalmers; amending s. 497.101, F.S.; 7 revising qualifications for the membership of the 8 Board of Funeral, Cemetery, and Consumer Services; 9 amending s. 497.103, F.S.; authorizing the waiver of 10 certain provisions during a state of emergency; 11 amending s. 497.140, F.S.; authorizing fees for 12 certain inspections of licensees; amending s. 497.141, 13 F.S.; prohibiting the issuance or renewal of a license 14 to an applicant that has specified criminal records 15 under certain circumstances; authorizing a licensing 16 authority of the Department of Financial Services to 17 adopt rules; authorizing the licensing authority to 18 require the submission of applications in an online 19 electronic format; authorizing fees for applications 20 submitted in a paper format; amending s. 497.142, 21 F.S.; requiring an applicant for renewal of a license 22 to disclose certain criminal offenses; requiring an 23 applicant for issuance or renewal of a license to 24 disclose certain criminal pleas; requiring the 25 licensing authority to adopt rules for the disclosure 26 of criminal records; authorizing an exception from 27 disclosure requirements for previously disclosed 28 criminal records; amending s. 497.143, F.S.; revising 29 legislative intent; authorizing the licensing 30 authority to adopt rules for the issuance of limited 31 licenses to certain persons licensed outside the 32 state; revising eligibility and application 33 requirements for a limited license; amending s. 34 497.147, F.S.; deleting limits on the continuing 35 education credit provided for attendance at board 36 meetings; amending s. 497.152, F.S.; providing that 37 certain criminal pleas are a ground for denial of an 38 application or discipline of a licensee under ch. 497, 39 F.S.; amending s. 497.161, F.S.; authorizing the 40 department to adopt rules that temporarily suspend or 41 modify certain provisions during and following a state 42 of emergency; amending s. 497.162, F.S.; revising 43 which nonlicensed personnel are required to complete a 44 course on communicable diseases; extending the time 45 for completion of the course; amending s. 497.166, 46 F.S.; conforming terminology to changes made by the 47 act; amending s. 497.277, F.S.; authorizing a cemetery 48 company to charge a fee for performing specified 49 duties related to certain cemetery sales contracts; 50 requiring disclosure of the charges; exempting charges 51 from certain trust deposit requirements; authorizing 52 the department to adopt rules; amending s. 497.278, 53 F.S.; authorizing a cemetery company to require 54 certain persons and firms to show proof of certain 55 insurance coverage; prohibiting a cemetery company 56 from setting certain insurance coverage limits; 57 amending s. 497.365, F.S.; prohibiting the embalming 58 of human remains except by certain licensees; amending 59 s. 497.372, F.S.; revising certain functions construed 60 to be the practice of funeral directing; prohibiting a 61 funeral director from engaging in the practice of 62 funeral directing except under certain circumstances; 63 providing an exception; requiring that the Board of 64 Funeral, Cemetery, and Consumer Services adopt rules; 65 providing that certain provisions of state law do not 66 prohibit a funeral director from being designated the 67 licensed funeral director in charge of a cineration 68 facility; revising the acts that are exempt from 69 regulation as the practice of funeral directing; 70 amending s. 497.373, F.S.; revising the educational 71 and examination requirements for licensure of funeral 72 directors by examination; revising requirements for 73 the supervision of provisional licensees; amending s. 74 497.374, F.S.; revising the examination requirements 75 for licensure of funeral directors by endorsement; 76 amending s. 497.375, F.S.; establishing educational 77 requirements for funeral director intern licenses; 78 revising the application requirements for funeral 79 director intern licensees; revising requirements for 80 the supervision of funeral director interns; providing 81 for the expiration of funeral director intern 82 licenses; prohibiting the renewal of funeral director 83 intern licenses except under certain circumstances; 84 authorizing rules for the renewal of funeral director 85 intern licenses; providing for license renewal fees; 86 amending s. 497.376, F.S.; deleting provisions 87 requiring rules for the display of certain licenses; 88 amending s. 497.378, F.S.; conforming the continuing 89 education requirements for funeral directors and 90 embalmers to the repeal by the act of provisions 91 requiring a course on HIV and AIDS; authorizing the 92 licensing authority to adopt rules for the renewal of 93 funeral director and embalmer licenses; amending s. 94 497.380, F.S.; providing duties of a funeral director 95 in charge of a funeral establishment; requiring a 96 funeral director in charge to have an embalmer license 97 and providing exceptions; requiring the reporting of a 98 change in the funeral director in charge of a funeral 99 establishment; requiring certain licensees to display 100 their licenses in funeral establishments; creating s. 101 497.4555, F.S.; authorizing a preneed licensee to 102 charge a fee for performing certain duties related to 103 a preneed contract; requiring disclosure of the 104 charges; exempting charges from certain trust deposit 105 requirements; authorizing the department to adopt 106 rules; amending s. 497.456, F.S.; authorizing 107 requirements that certain claims forms be sworn and 108 notarized; amending s. 497.464, F.S.; deleting a 109 requirement that trust payments for preneed contracts 110 be deposited in this state; requiring that funds 111 discharging a preneed contract be disbursed from the 112 trust under certain circumstances; amending s. 113 497.602, F.S.; revising the course requirements for a 114 direct disposer license; deleting provisions requiring 115 rules for the display of certain licenses; amending s. 116 497.603, F.S.; requiring the licensing authority to 117 adopt rules for the renewal of direct disposer 118 licenses; requiring a course on communicable diseases; 119 conforming the continuing education requirements for 120 direct disposers to the repeal by the act of 121 provisions requiring a course on HIV and AIDS; 122 amending s. 497.604, F.S.; requiring a direct disposal 123 establishment to have a licensed funeral director act 124 as the direct disposer in charge and providing 125 exceptions; requiring certain licensees to display 126 their licenses in direct disposal establishments; 127 repealing s. 497.367, F.S., relating to a continuing 128 education course required for funeral directors and 129 embalmers on HIV and AIDS; providing an effective 130 date. 131 132 Be It Enacted by the Legislature of the State of Florida: 133 134 Section 1. Section 497.005, Florida Statutes, is amended to 135 read: 136 497.005 Definitions.—As used in this chapter, the term: 137 (1) “Alternative container” means an unfinished wood box or 138 other nonmetal receptacle or enclosure, without ornamentation or 139 a fixed interior lining, that is designed for the encasement of 140 human remains and that is made of fiberboard, pressed wood, 141 composition materials (with or without an outside covering), or 142 like materials. 143 (2) “At-need solicitation” means any uninvited contact by a 144 licensee or her or his agent for the purpose of the sale of 145 burial services or merchandise to the family or next of kin of a 146 person after her or his death has occurred. 147 (3) “Bank of belowground crypts” means any construction 148 unit of belowground crypts that is acceptable to the department 149 and that a cemetery uses to initiate its belowground crypt 150 program or to add to existing belowground crypt structures. 151 (4) “Belowground crypts” consist of interment space in 152 preplaced chambers, either side by side or multiple depth, 153 covered by earth and sod and known also as “lawn crypts,” 154 “westminsters,” or “turf-top crypts.” 155 (5) “Board” means the Board of Funeral, Cemetery, and 156 Consumer Services. 157 (6) “Burial merchandise,” “funeral merchandise,” or 158 “merchandise” means any personal property offered or sold by any 159 person for use in connection with the final disposition, 160 memorialization, interment, entombment, or inurnment of human 161 remains or cremated remains, including, but not limited to, 162 caskets, outer burial containers, alternative containers, 163 cremation containers, cremation interment containers, urns, 164 monuments, private mausoleums, flowers, benches, vases, 165 acknowledgment cards, register books, memory folders, prayer 166 cards, and clothing. 167 (7) “Burial right” means the right to use a grave space, 168 mausoleum, columbarium, ossuary, or scattering garden for the 169 interment, entombment, inurnment, or other disposition of human 170 remains or cremated remains. 171 (8) “Burial service” or “service” means any service offered 172 or provided in connection with the final disposition, 173 memorialization, interment, entombment, or inurnment of human 174 remains or cremated remains. 175 (9) “Care and maintenance” means the perpetual process of 176 keeping a cemetery and its lots, graves, grounds, landscaping, 177 roads, paths, parking lots, fences, mausoleums, columbaria, 178 vaults, crypts, utilities, and other improvements, structures, 179 and embellishments in a well-cared-for and dignified condition, 180 so that the cemetery does not become a nuisance or place of 181 reproach and desolation in the community. As specified in the 182 rules of the licensing authority, “care and maintenance” may 183 include, but is not limited to, any or all of the following 184 activities: mowing the grass at reasonable intervals; raking and 185 cleaning the grave spaces and adjacent areas; pruning of shrubs 186 and trees; suppression of weeds and exotic flora; and 187 maintenance, upkeep, and repair of drains, water lines, roads, 188 buildings, and other improvements. “Care and maintenance” may 189 include, but is not limited to, reasonable overhead expenses 190 necessary for such purposes, including maintenance of machinery, 191 tools, and equipment used for such purposes. “Care and 192 maintenance” may also include repair or restoration of 193 improvements necessary or desirable as a result of wear, 194 deterioration, accident, damage, or destruction. “Care and 195 maintenance” does not include expenses for the construction and 196 development of new grave spaces or interment structures to be 197 sold to the public. 198 (10) “Casket” means a rigid container that is designed for 199 the encasement of human remains and that is usually constructed 200 of wood or metal, ornamented, and lined with fabric. 201 (11) “Cemetery” means a place dedicated to and used or 202 intended to be used for the permanent interment of human remains 203 or cremated remains. A cemetery may contain land or earth 204 interment; mausoleum, vault, or crypt interment; a columbarium, 205 ossuary, scattering garden, or other structure or place used or 206 intended to be used for the interment or disposition of cremated 207 remains; or any combination of one or more of such structures or 208 places. 209 (12) “Cemetery company” means any legal entity that owns or 210 controls cemetery lands or property. 211 (13) “Centralized embalming facility” means a facility in 212 which embalming takes place that operates independently of a 213 funeral establishment licensee and that offers embalming 214 services to funeral directors for a fee. 215 (14) “Cinerator” means a facility where dead human bodies 216 are subjected to cremation. 217 (15) “Closed container” means any container in which 218 cremated remains can be placed and closed in a manner so as to 219 prevent leakage or spillage of the remains. 220 (16) “Columbarium” means a structure or building that is 221 substantially exposed above the ground and that is intended to 222 be used for the inurnment of cremated remains. 223 (17) “Common business enterprise” means a group of two or 224 more business entities that share common ownership in excess of 225 50 percent. 226 (18) “Control” means the possession, directly or 227 indirectly, through the ownership of voting shares, by contract, 228 arrangement, understanding, relationship, or otherwise, of the 229 power to direct or cause the direction of the management and 230 policies of a person or entity. However, a person or entity 231 shall not be deemed to have control if the person or entity 232 holds voting shares, in good faith and not for the purpose of 233 circumventing this definition, as an agent, bank, broker, 234 nominee, custodian, or trustee for one or more beneficial owners 235 who do not individually or as a group have control. 236 (19) “Cremated remains” means all the remains of the human 237 body recovered after the completion of the cremation process, 238 including processing or pulverization that leaves only bone 239 fragments reduced to unidentifiable dimensions and may include 240 the residue of any foreign matter, including casket material, 241 bridgework, or eyeglasses that were cremated with the human 242 remains. 243 (20) “Cremation” means any mechanical or thermal process 244 whereby a dead human body is reduced to ashes and bone 245 fragments. Cremation also includes any other mechanical or 246 thermal process whereby human remains are pulverized, burned, 247 recremated, or otherwise further reduced in size or quantity. 248 (21) “Cremation chamber” means the enclosed space within 249 which the cremation process takes place. Cremation chambers 250 covered by these procedures shall be used exclusively for the 251 cremation of human remains. 252 (22) “Cremation container” means the casket or alternative 253 container in which the human remains are transported to and 254 placed in the cremation chamber for a cremation. A cremation 255 container should meet substantially all of the following 256 standards: 257 (a) Be composed of readily combustible or consumable 258 materials suitable for cremation. 259 (b) Be able to be closed in order to provide a complete 260 covering for the human remains. 261 (c) Be resistant to leakage or spillage. 262 (d) Be rigid enough to be handled with ease. 263 (e) Be able to provide protection for the health, safety, 264 and personal integrity of crematory personnel. 265 (23) “Cremation interment container” means a rigid outer 266 container that, subject to a cemetery’s rules and regulations, 267 is composed of concrete, steel, fiberglass, or some similar 268 material in which an urn is placed prior to being interred in 269 the ground and that is designed to support the earth above the 270 urn. 271 (24) “Department” means the Department of Financial 272 Services. 273 (25) “Direct disposal establishment” means a facility 274 licensed under this chapter where a direct disposer practices 275 direct disposition. 276 (26) “Direct disposer” means any person licensed under this 277 chapter to practice direct disposition in this state. 278 (27) “Direct supervision” means supervision by a licensed: 279 (a) Funeral director who provides initial direction and 280 periodic inspection of the arrangements and who is physically 281 present or on the premises of the funeral establishment at all 282 times when the tasks, functions, and duties relating to funeral 283 directing are performed; or 284 (b) Embalmer who provides initial direction and instruction 285 regarding the preservation of a dead human body in its entirety 286 or in part and who is physically present or on the premises of 287 the funeral establishment or embalming facility at all times 288 when the tasks, functions, and duties relating to embalming are 289 performed. 290 (28)(27)“Director” means the director of the Division of 291 Funeral, Cemetery, and Consumer Services. 292 (29)(28)“Disinterment” means removal of a dead human body 293 from earth interment or aboveground interment. 294 (30)(29)“Division” means the Division of Funeral, 295 Cemetery, and Consumer Services within the Department of 296 Financial Services. 297 (31)(30)“Embalmer” means any person licensed under this 298 chapter to practice embalming in this state. 299 (32)(31)“Final disposition” means the final disposal of a 300 dead human body by earth interment, aboveground interment, 301 cremation, burial at sea, or delivery to a medical institution 302 for lawful dissection if the medical institution assumes 303 responsibility for disposal. “Final disposition” does not 304 include the disposal or distribution of cremated remains and 305 residue of cremated remains. 306 (33)(32)“Funeral” or “funeral service” means the 307 observances, services, or ceremonies held to commemorate the 308 life of a specific deceased human being and at which the human 309 remains are present. 310 (34)(33)“Funeral director” means any person licensed under 311 this chapter to practice funeral directing in this state. 312 (35)(34)“Funeral establishment” means a facility licensed 313 under this chapter where a funeral director or embalmer 314 practices funeral directing or embalming. 315 (36) “General supervision” means supervision by a licensed: 316 (a) Funeral director who is reasonably available and in a 317 position to provide direction and guidance by being physically 318 present, being on the premises of the funeral establishment, or 319 being in proximity to the funeral establishment and available 320 telephonically or by electronic communication at all times when 321 the tasks, functions, and duties relating to funeral directing 322 are performed; or 323 (b) Embalmer who is reasonably available and in a position 324 to provide direction and guidance by being physically present, 325 being on the premises of the funeral establishment or embalming 326 facility, or being in proximity to the funeral establishment or 327 embalming facility and available telephonically or by electronic 328 communication at all times when the tasks, functions, and duties 329 relating to embalming are performed. 330 (37)(35)“Grave space” means a space of ground in a 331 cemetery intended to be used for the interment in the ground of 332 human remains. 333 (38)(36)“Human remains” or “remains,” or “dead human body” 334 or “dead human bodies,” means the body of a deceased human 335 person for which a death certificate or fetal death certificate 336 is required under chapter 382 and includes the body in any stage 337 of decomposition. 338 (39)(37)“Legally authorized person” means, in the priority 339 listed, the decedent, when written inter vivos authorizations 340 and directions are provided by the decedent; the surviving 341 spouse, unless the spouse has been arrested for committing 342 against the deceased an act of domestic violence as defined in 343 s. 741.28 that resulted in or contributed to the death of the 344 deceased; a son or daughter who is 18 years of age or older; a 345 parent; a brother or sister who is 18 years of age or older; a 346 grandchild who is 18 years of age or older; a grandparent; or 347 any person in the next degree of kinship. In addition, the term 348 may include, if no family member exists or is available, the 349 guardian of the dead person at the time of death; the personal 350 representative of the deceased; the attorney in fact of the dead 351 person at the time of death; the health surrogate of the dead 352 person at the time of death; a public health officer; the 353 medical examiner, county commission, or administrator acting 354 under part II of chapter 406 or other public administrator; a 355 representative of a nursing home or other health care 356 institution in charge of final disposition; or a friend or other 357 person not listed in this subsection who is willing to assume 358 the responsibility as the legally authorized person. Where there 359 is a person in any priority class listed in this subsection, the 360 funeral establishment shall rely upon the authorization of any 361 one legally authorized person of that class if that person 362 represents that she or he is not aware of any objection to the 363 cremation of the deceased’s human remains by others in the same 364 class of the person making the representation or of any person 365 in a higher priority class. 366 (40)(38)“License” includes all authorizations required or 367 issued under this chapter, except where expressly indicated 368 otherwise, and shall be understood to include authorizations 369 previously referred to as registrations or certificates of 370 authority in chapters 470 and 497 as those chapters appeared in 371 the 2004 edition of the Florida Statutes. 372 (41)(39)“Licensee” means the person or entity holding any 373 license or other authorization issued under this chapter, except 374 where expressly indicated otherwise. 375 (42)(40)“Mausoleum” means a structure or building that is 376 substantially exposed above the ground and that is intended to 377 be used for the entombment of human remains. 378 (43)(41)“Mausoleum section” means any construction unit of 379 a mausoleum that is acceptable to the department and that a 380 cemetery uses to initiate its mausoleum program or to add to its 381 existing mausoleum structures. 382 (44)(42)“Monument” means any product used for identifying 383 a grave site and cemetery memorials of all types, including 384 monuments, markers, and vases. 385 (45)(43)“Monument establishment” means a facility that 386 operates independently of a cemetery or funeral establishment 387 and that offers to sell monuments or monument services to the 388 public for placement in a cemetery. 389 (46)(44)“Net assets” means the amount by which the total 390 assets of a licensee, excluding goodwill, franchises, customer 391 lists, patents, trademarks, and receivables from or advances to 392 officers, directors, employees, salespersons, and affiliated 393 companies, exceed total liabilities of the licensee. For 394 purposes of this definition, the term “total liabilities” does 395 not include the capital stock, paid-in capital, or retained 396 earnings of the licensee. 397 (47)(45)“Net worth” means total assets minus total 398 liabilities pursuant to generally accepted accounting 399 principles. 400 (48)(46)“Niche” means a compartment or cubicle for the 401 memorialization or permanent placement of a container or urn 402 containing cremated remains. 403 (49)(47)“Ossuary” means a receptacle used for the communal 404 placement of cremated remains without benefit of an urn or any 405 other container in which cremated remains may be commingled with 406 other cremated remains and are nonrecoverable. It may or may not 407 include memorialization. 408 (50)(48)“Outer burial container” means an enclosure into 409 which a casket is placed and includes, but is not limited to, 410 vaults made of concrete, steel, fiberglass, or copper; sectional 411 concrete enclosures; crypts; and wooden enclosures. 412 (51)(49)“Person,” when used without qualification such as 413 “natural” or “individual,” includes both natural persons and 414 legal entities. 415 (52)(50)“Personal residence” means any residential 416 building in which one temporarily or permanently maintains her 417 or his abode, including, but not limited to, an apartment or a 418 hotel, motel, nursing home, convalescent home, home for the 419 aged, or a public or private institution. 420 (53)(51)“Practice of direct disposition” means the 421 cremation of human remains without preparation of the human 422 remains by embalming and without any attendant services or rites 423 such as funeral or graveside services or the making of 424 arrangements for such final disposition. 425 (54)(52)“Practice of embalming” means disinfecting or 426 preserving or attempting to disinfect or preserve dead human 427 bodies by replacing certain body fluids with preserving and 428 disinfecting chemicals. 429 (55)(53)“Practice of funeral directing” means the 430 performance by a licensed funeral director of any of those 431 functions authorized by s. 497.372. 432 (56)(54)“Preneed contract” means any arrangement or 433 method, of which the provider of funeral merchandise or services 434 has actual knowledge, whereby any person agrees to furnish 435 funeral merchandise or service in the future. 436 (57)(55)“Preneed sales agent” means any person who is 437 licensed under this chapter to sell preneed burial or funeral 438 service and merchandise contracts or direct disposition 439 contracts in this state. 440 (58)(56)“Principal” means and includes the sole proprietor 441 of a sole proprietorship; all partners of a partnership; all 442 members of a limited liability company; regarding a corporation, 443 all directors and officers, and all stockholders controlling 444 more than 10 percent of the voting stock; and all other persons 445 who can exercise control over the person or entity. 446 (59)(57)“Processing” means the reduction of identifiable 447 bone fragments after the completion of the cremation process to 448 unidentifiable bone fragments by manual means. 449 (60)(58)“Profession” and “occupation” are used 450 interchangeably in this chapter. The use of the word 451 “profession” in this chapter with respect to any activities 452 regulated under this chapter shall not be deemed to mean that 453 such activities are not occupations for other purposes in state 454 or federal law. 455 (61)(59)“Pulverization” means the reduction of 456 identifiable bone fragments after the completion of the 457 cremation and processing to granulated particles by manual or 458 mechanical means. 459 (62)(60)“Refrigeration facility” means a facility that is 460 operated independently of a funeral establishment, crematory, or 461 direct disposal establishment, that maintains space and 462 equipment for the storage and refrigeration of dead human 463 bodies, and that offers its service to funeral directors, 464 funeral establishments, direct disposers, direct disposal 465 establishments, or crematories for a fee. 466 (63)(61)“Religious institution” means an organization 467 formed primarily for religious purposes that has qualified for 468 exemption from federal income tax as an exempt organization 469 under the provisions of s. 501(c)(3) of the Internal Revenue 470 Code of 1986, as amended. 471 (64)(62)“Removal service” means any service that operates 472 independently of a funeral establishment or a direct disposal 473 establishment, that handles the initial removal of dead human 474 bodies, and that offers its service to funeral establishments 475 and direct disposal establishments for a fee. 476 (65)(63)“Rules” refers to rules adopted under this chapter 477 unless expressly indicated to the contrary. 478 (66)(64)“Scattering garden” means a location set aside, 479 within a cemetery, that is used for the spreading or 480 broadcasting of cremated remains that have been removed from 481 their container and can be mixed with or placed on top of the 482 soil or ground cover or buried in an underground receptacle on a 483 commingled basis and that are nonrecoverable. It may or may not 484 include memorialization. 485 (67)(65)“Servicing agent” means any person acting as an 486 independent contractor whose fiduciary responsibility is to 487 assist both the trustee and licensee in administrating their 488 responsibilities pursuant to this chapter. 489 (68)(66)“Solicitation” means any communication that 490 directly or implicitly requests an immediate oral response from 491 the recipient. 492 (69)(67)“Statutory accounting” means generally accepted 493 accounting principles, except as modified by this chapter. 494 (70)(68)“Temporary container” means a receptacle for 495 cremated remains usually made of cardboard, plastic, or similar 496 material designated to hold the cremated remains until an urn or 497 other permanent container is acquired. 498 (71)(69)“Urn” means a receptacle designed to permanently 499 encase cremated remains. 500 Section 2. Subsection (2) of section 497.101, Florida 501 Statutes, is amended to read: 502 497.101 Board of Funeral, Cemetery, and Consumer Services; 503 membership; appointment; terms.— 504 (2) Two members of the board shall be funeral directors 505 licensed under part III of this chapter who are associated with 506 a funeral establishment. One member of the board shall be a 507 funeral director licensed under part III of this chapter who is 508 associated with a funeral establishment licensed under part III 509 of this chapter that has a valid preneed license issued pursuant 510 to this chapter and who owns or operates a cinerator facility 511 approved under chapter 403 and licensed under part VI of this 512 chapter. Two members of the board shall be persons whose primary 513 occupation is associated with a cemetery company licensed 514 pursuant to this chapter. Three members of the board shall be 515 consumers who are residents of the state, have never been 516 licensed as funeral directors or embalmers, are not connected 517 with a cemetery or cemetery company licensed pursuant to this 518 chapter, and are not connected with the death care industry or 519 the practice of embalming, funeral directing, or direct 520 disposition. One of the consumer members shall be at least 60 521 years of age, and one shall be licensed as a certified public 522 accountant under chapter 473. One member of the board shall be a 523 principal of a monument establishment licensed under this 524 chapter as a monument builderor, for board appointments made525before June 1, 2006, a licensed monument establishment certified526by the department to be eligible for licensure as a monument527builder. One member shall be the State Health Officer or her or 528 his designee. There shall not be two or more board members who 529 are principals or employees of the same company or partnership 530 or group of companies or partnerships under common control. 531 Section 3. Subsection (8) is added to section 497.103, 532 Florida Statutes, to read: 533 497.103 Authority of board and department; Chief Financial 534 Officer recommendations.— 535 (8) STATE-OF-EMERGENCY WAIVER.—The licensing authority may 536 temporarily waive any provision of this chapter during a state 537 of emergency declared pursuant to s. 252.36 in any threatened 538 area or areas specified in the Governor’s executive order or 539 proclamation. 540 Section 4. Subsection (9) is added to section 497.140, 541 Florida Statutes, to read: 542 497.140 Fees.— 543 (9) The licensing authority may impose a fee upon a 544 licensee for conducting an inspection of the licensee’s 545 facilities if required under this chapter following a change in 546 ownership or control or a change in location. The fee may not 547 exceed the amount of the licensee’s annual inspection fee. 548 Section 5. Subsection (5) of section 497.141, Florida 549 Statutes, is amended, and subsection (13) is added to that 550 section, to read: 551 497.141 Licensing; general application procedures.— 552 (5)(a) The licensing authority may not issue, and effective 553 July 1, 2011, may not renew, a license under this chapter to an 554 applicant that has a criminal record required to be disclosed 555 under s. 497.142(10) unless the applicant demonstrates that 556 issuance of the license, according to rules adopted by the 557 licensing authority, does not create a danger to the public. A 558 licensee who previously disclosed her or his criminal record 559 upon initial application or renewal of her or his license must 560 disclose only a criminal offense for which the licensee was 561 convicted or entered a plea of guilty or nolo contendere since 562 the most recent renewal of her or his license or, if the license 563 has not been renewed, since the licensee’s initial application. 564 (b) The board may refuse to rule on an initial application 565 for licensure by any applicant who is under investigation or 566 prosecution in any jurisdiction for an action which there is 567 reasonable cause to believe would constitute a violation of this 568 chapter if committed in this state, until such time as such 569 investigation or prosecution is completed and the results of the 570 investigation or prosecution are reviewed by the board. 571 (13)(a) The licensing authority may adopt rules that 572 require applicants for any category of licensure under this 573 chapter to apply for the issuance or renewal of their licenses 574 in an online electronic format. 575 (b) The online electronic format for renewal of a license 576 must not allow submission of an improperly prepared renewal 577 application. Upon an applicant’s submission of her or his 578 renewal application, the online electronic format must allow the 579 applicant to print a receipt of the properly prepared renewal 580 application. 581 (c) The rules may allow an applicant to submit a paper form 582 in lieu of the online electronic format and may impose an 583 additional fee not to exceed $25 per form for submitting the 584 paper form. 585 Section 6. Paragraphs (a), (b), and (g) of subsection (10) 586 of section 497.142, Florida Statutes, are amended to read: 587 497.142 Licensing; fingerprinting and criminal background 588 checks.— 589 (10)(a) When applying for any license under this chapter, 590 every applicant mustshall be required todisclose the 591 applicant’s criminal records in accordance with this subsection. 592 When applying for renewal of any license under this chapter, 593 every licensee must disclose only those criminal offenses 594 required to be disclosed under this subsection since the most 595 recent renewal of her or his license or, if the license has not 596 been renewed, since the licensee’s initial application. 597 (b) The criminal record required to be disclosed shall be 598 any crime listed in paragraph (c) forofwhich the person or 599 entity required to make disclosure has been convicted or to 600 which that person or entity entered a pleain the natureof 601 guilty or nolo contendereno contest. Disclosure isshall be602 requiredpursuant to this subsectionregardless of whether 603 adjudication iswasentered or withheld by the courtin which604the case was prosecuted. 605 (g) The licensing authority shallmayadopt rules 606 specifying forms and procedures to be usedutilizedby persons 607 required to disclose criminal records under this subsection. The 608 rules may require a licensee to disclose only those criminal 609 records that have not previously been disclosed under this 610 subsection at the renewal of her or his license or, if the 611 license has not been renewed, at the initial issuance of the 612 license. The licensing authority may conduct investigation and 613 further inquiry of any person regarding any criminal record 614 disclosed pursuant to this section. 615 Section 7. Subsections (1), (2), and (3) of section 616 497.143, Florida Statutes, are amended to read: 617 497.143 Licensing; limited licenses for times of critical 618 needretired professionals.— 619 (1) It is the intent of the Legislature that, absent a 620 threat to the health, safety, and welfare of the public,the use621ofretired Florida licenseesprofessionalsin good standing, and 622 active licensees in good standing from other jurisdictions, be 623 able to serve this state during times of critical needshould be624encouraged.To that end, rules may be adopted to permit practice625by retired professionals as limited licensees under this626section.627 (2) As used inFor purposes ofthis section, the term 628 “critical need” means an executive order offromthe Governor or 629afederal order declaring that a state of emergency exists in an 630 area. 631 (3) The licensing authority may adopt rules for the 632 issuance of limited licenses in accordance with this section. A 633Anyperson seekingdesiring to obtaina limited license, when 634 permitted by rule, shall submit to the department an application 635and fee, not to exceed $300,and an affidavit stating that the 636 applicant is a retired Florida licensee or holds an active 637 licensehas been licensedto practice in anotherany638 jurisdiction ofinthe United Statesfor at least 10 yearsin 639 the profession for which the applicant seeks thealimited 640 license. The affidavit shall also state that the applicanthas641retired from the practice of that profession andintends to 642 practice only pursuant to the restrictions of the limited 643 license granted underpursuant tothis section.If the applicant644for a limited license submits a notarized statement from the645employer stating that the applicant will not receive monetary646compensation for any service involving the practice of her or647his profession, all licensure fees shall be waived. In no event648mayA person holding a limited license under this section may 649 not engage in preneed sales under thesuchlimited license. 650 Section 8. Subsection (5) of section 497.147, Florida 651 Statutes, is amended to read: 652 497.147 Continuing education; general provisions.— 653 (5) The board may by rule provideup to 5 hours of654 continuing education credit for eachpercontinuing education 655 reporting period for licensees attending board meetings or 656 selected types or portions of board meetings, as specified by 657 such rules.The rules may limit the number of times such credit658may be utilized by a licensee.The rules may include provisions 659 that establishas tothe minimum amount of time that must be 660 spent in the board meeting room viewing proceedings,which may661be more than 5 hours of attendance,requirements for advance 662 notice by licensees to department staff of proposed attendance, 663 requirements to sign in and out of the meeting room on lists 664 maintained at the meeting site by department staff, forms that 665 must be completed by the licensee to obtain such credit, and 666 such other requirements deemed by the board to be advisable or 667 necessary to prevent abuse of such rules and to ensure that 668 useful information is obtained by licensees as a result of 669 attendance. Procedural requirements of such rules requiring 670 action by the department areshall besubject to approval by the 671 department beforeprior topromulgation. 672 Section 9. Subsection (2) of section 497.152, Florida 673 Statutes, is amended to read: 674 497.152 Disciplinary grounds.—This section sets forth 675 conduct that is prohibited and that shall constitute grounds for 676 denial of any application, imposition of discipline, or other 677 enforcement action against the licensee or other person 678 committing such conduct. For purposes of this section, the 679 requirements of this chapter include the requirements of rules 680 adopted under authority of this chapter. No subsection heading 681 in this section shall be interpreted as limiting the 682 applicability of any paragraph within the subsection. 683 (2) CRIMINAL ACTIVITY.—Being convicted or found guilty of, 684 or entering a plea of guilty or nolo contendere to, regardless 685 of adjudication, a crime in any jurisdiction that relates to the 686 practice of, or the ability to practice, a licensee’s profession 687 or occupation under this chapter. 688 Section 10. Subsection (4) is added to section 497.161, 689 Florida Statutes, to read: 690 497.161 Other rulemaking provisions.— 691 (4) The department may, subject to approval by the board, 692 adopt rules that temporarily suspend or modify any provision of 693 this chapter during a state of emergency declared pursuant to s. 694 252.36. The rules may allow only the suspension or modification 695 of a provision that is necessary or advisable to allow licensees 696 under this chapter to provide essential services to the public 697 under the emergency conditions. The rules may be adopted before 698 any emergency exists, but may not take effect until the Governor 699 issues an executive order or proclamation declaring a state of 700 emergency. The rules may remain in effect after a state of 701 emergency is terminated but only for the limited period 702 necessary to allow for the transition back to normal operations 703 under the nonemergency requirements of this chapter. However, a 704 rule suspending or modifying any provision of this chapter may 705 not remain in effect for more than 12 months after the state of 706 emergency is terminated. 707 Section 11. Section 497.162, Florida Statutes, is amended 708 to read: 709 497.162 Health and safety education.—All individuals not 710 licensed under this chapter who intend to be employed as 711 operational personnel affiliated with a direct disposal 712 establishment, cinerator facility, removal service, 713 refrigeration facility, or centralized embalming facility who 714 have direct contact with, as well as all nonlicensed individuals715who intend to be involved in the removal or transportation of716 human remains on behalf of a funeral establishment, direct 717 disposal establishment, or cinerator facility shall complete one 718 course approved by the licensing authority on communicable 719 diseases, within 3010days after the date that they begin 720 functioning as operational personnel on behalf of any entity 721 that is regulated by this chapter. The course shall not exceed 3 722 hours and shall be offered at approved locations throughout the 723 state. Such locations may include establishments that are 724 licensed under this chapter. The licensing authority shall adopt 725 rules to implement and enforce this provision, which rules shall 726 include provisions that provide for the use of approved 727 videocassette courses and other types of audio, video, Internet, 728 or home study courses to fulfill the continuing education 729 requirements of this section. 730 Section 12. Paragraphs (a) and (b) of subsection (3) of 731 section 497.166, Florida Statutes, are amended to read: 732 497.166 Preneed sales.— 733 (3)(a) The funeral director in charge of a funeral 734 establishment isshall beresponsible for the control and 735 activities of the establishment’s preneed sales agents. 736 (b) The direct disposer in charge or a funeral director 737 acting as theadirect disposer in charge of a direct disposal 738 establishment isshall beresponsible for the control and 739 activities of the establishment’s preneed sales agents. 740 Section 13. Subsection (6) is added to section 497.277, 741 Florida Statutes, to read: 742 497.277 Other charges.—Other than the fees for the sale of 743 burial rights, burial merchandise, and burial services, no other 744 fee may be directly or indirectly charged, contracted for, or 745 received by a cemetery company as a condition for a customer to 746 use any burial right, burial merchandise, or burial service, 747 except for: 748 (6) Charges paid for processing, filing, and archiving a 749 cemetery sales contract and for performing other administrative 750 duties related to the contract. However, these charges may not 751 be imposed on a cemetery sales contract for the opening and 752 closing of a grave or other burial right or for the installation 753 of a vault in a grave for which burial rights were previously 754 purchased. A cemetery company must disclose these charges to the 755 customer and include them on its standard printed price lists 756 and other disclosure information provided to the public under s. 757 497.282. These charges are not subject to the trust deposit 758 requirements in s. 497.458. The department may, subject to 759 approval by the board, adopt rules to administer this 760 subsection. 761 Section 14. Subsection (3) of section 497.278, Florida 762 Statutes, is amended to read: 763 497.278 Monuments; installation fees.— 764 (3) A cemetery company maynotrequire any person or firm 765 that delivers, installs, places, or sets a monument to show 766 proof of liabilityobtain any form ofinsurance coverage and, if 767 required by law, workers’ compensation insurance coverage. 768 However, a cemetery company may not set liability insurance 769 coverage limits or require any person or firm to obtain any form 770 of bond,or surety, or make any form of pledge, deposit, or 771 monetary guarantee, as a condition for entry on or access to 772 cemetery property. 773 Section 15. Subsection (13) is added to section 497.365, 774 Florida Statutes, to read: 775 497.365 Licensure; inactive and delinquent status.— 776 (13) A person may not embalm human remains unless he or she 777 is licensed under this chapter as: 778 (a) An embalmer; 779 (b) A funeral director and embalmer; or 780 (c) An embalmer intern or embalmer apprentice, while under 781 the direct supervision or general supervision of a licensed 782 embalmer or licensed funeral director and embalmer as required 783 by this chapter. 784 Section 16. Section 497.372, Florida Statutes, is amended 785 to read: 786 497.372 Funeral directing; conduct constituting practice of 787 funeral directing.— 788 (1) The practice of funeral directing shall be construed to 789 consist of the following functions, which may be performed only 790 by a licensed funeral director: 791 (a) Selling or offering to sell funeral services, 792 embalming, cremation, or other services relating to the final 793 disposition of human remains, including the removal of such 794 remains from the state, on an at-need basis. 795 (b) Planning or arranging, on an at-need basis, the details 796 ofafuneral services, embalming, cremation, or other services 797 relating to the final disposition of human remains, including 798 the removal of such remains from the state,servicewith the 799 family or friends of the decedent or any other person 800 responsible for such servicesservice; setting the time of the 801 servicesservice; establishing the type of servicesserviceto 802 be rendered; acquiring the services of the clergy; and obtaining 803 vital information for the filing of death certificates and 804 obtaining of burial transit permits. 805 (c) Making, negotiating, or completing the financial 806 arrangements forafuneral services, embalming, cremation, or 807 other services relating to the final disposition of human 808 remains, including the removal of such remains from the state, 809serviceon an at-need basis, exceptprovidedthat nonlicensed 810 personnel may assist the funeral director in performing such 811 tasks. 812 (2) A funeral director may not engage in the practice of 813 funeral directing except through affiliation with a funeral 814 establishment licensed under this chapter. The board shall adopt 815 by rule criteria for determining whether such an affiliation 816 exists through the funeral director’s ownership of, employment 817 by, or contractual relationship with, a funeral establishment. 818 This subsection does not prohibit a funeral director from being 819 designated the licensed funeral director in charge of a 820 cineration facility. 821 (3)(2)The practice of funeral directing shall not be 822 construed to consist of the following functions: 823 (a) The phoning-in,orfaxing, or electronic transmission 824 of obituary notices; ordering of flowers or merchandise; 825 delivery of death certificates to attending physicians; or 826 clerical preparation and processing of death certificates, 827 insurance forms, and any clerical tasks that record the 828 information compiled by the funeral director or that are 829 incidental to any of the functions specified above. 830 (b) Furnishing standard printed price lists and other 831 disclosure information to the public by telephone or by 832 providing such lists to persons making inquiry. 833 (c) Removing or transporting human remains from the place 834 of death, or removing or transporting human remains from or to a 835 funeral establishment, centralized embalming facility, 836 refrigeration facility, cemetery, crematory, medical examiner’s 837 office, common carrier, or other locations as authorized and 838 provided by law. 839 (d) Arranging, coordinating, or employing licensed removal 840 services, licensed refrigeration facilities, or licensed 841 centralized embalming facilities. 842 (e) Any aspect of making preneed funeral arrangements or 843 entering into preneed contracts. 844 (f) Any functions normally performed by cemetery or 845 crematory personnel. 846 Section 17. Paragraph (d) of subsection (1) and subsections 847 (2) and (3) of section 497.373, Florida Statutes, are amended to 848 read: 849 497.373 Funeral directing; licensure as a funeral director 850 by examination; provisional license.— 851 (1) Any person desiring to be licensed as a funeral 852 director shall apply to the licensing authority to take the 853 licensure examination. The licensing authority shall examine 854 each applicant who has remitted an examination fee set by rule 855 of the licensing authority not to exceed $200 plus the actual 856 per applicant cost to the licensing authority for portions of 857 the examination and who the licensing authority certifies has: 858 (d)1. Received an associate in arts degree, associate in 859 science degree, or an associate in applied science degree in 860 mortuary science approved by the licensing authority; or 861 2. Holds an associate degree or higher from a college or 862 university accredited by a regional accrediting agency 863association of colleges and schoolsrecognized by the United 864 States Department of Education and is a graduate of aat least865an approved 1-yearcourse of study in mortuary science or 866 funeral service arts approved by the licensing authority from a 867 college or university accredited by the American Board of 868 Funeral Service Education. 869 (2) The licensing authority shall license the applicant as 870 a funeral director if she or he: 871 (a) Passes an examination onthe subjects ofthe theory and 872 practice of funeral directing and funeral service arts, public873health and sanitation, and local, state, and federal laws and874rules relating to the disposition of dead human bodies; however, 875 the licensing authority may approvethere may be approvedby 876 rule the use of a national examination, such as the funeral 877 service arts examination prepared by the Conference of Funeral 878 Service Examining Boards, in lieu ofpart ofthis examination 879 requirement. 880 (b) Passes an examination approved by the department on the 881 local, state, and federal laws and rules relating to the 882 disposition of dead human bodies. 883 (c)(b)Completes a 1-year internship under a licensed 884 funeral director. 885 (3) Any applicant who has completed the required 1-year 886 internship and has been approved for examination as a funeral 887 director may qualify for a provisional license to work in a 888 licensed funeral establishment, under the direct supervision of 889 a licensed funeral director fora limited period of6 months as 890 provided by rule of the licensing authority. However, a 891 provisional licensee may work under the general supervision of a 892 licensed funeral director upon passage of the laws-and-rules 893 examination required under paragraph (2)(b). The fee for 894 provisional licensure shall be set by rule of the licensing 895 authority but may not exceed $200. The fee required in this 896 subsection shall be nonrefundable and in addition to the fee 897 required by subsection (1). This provisional license may be 898 renewed no more than one time. 899 Section 18. Paragraph (b) of subsection (1) of section 900 497.374, Florida Statutes, is amended to read: 901 497.374 Funeral directing; licensure as a funeral director 902 by endorsement; licensure of a temporary funeral director.— 903 (1) The licensing authority shall issue a license by 904 endorsement to practice funeral directing to an applicant who 905 has remitted a fee set by rule of the licensing authority not to 906 exceed $200 and who: 907 (b)1. Holds a valid license to practice funeral directing 908 in another state of the United States, provided that, when the 909 applicant secured her or his original license, the requirements 910 for licensure were substantially equivalent to or more stringent 911 than those existing in this state; or 912 2. Meets the qualifications for licensure in s. 497.373 and 913 has successfully completed a state, regional, or national 914 examination in mortuary science or funeral service arts, which, 915 as determined by rule of the licensing authority, is 916 substantially equivalent to or more stringent than the 917 examination given by the licensing authority. 918 Section 19. Section 497.375, Florida Statutes, is amended 919 to read: 920 497.375 Funeral directing; licensure of a funeral director 921 intern.— 922 (1)(a) Any person desiring to become a funeral director 923 intern must apply to the licensing authorityshall make924applicationon forms prescribedas requiredby rule of the 925 licensing authority, together with a nonrefundable fee setas926determinedby rule of the licensing authoritybutnot to exceed 927 $200. 928 (b)1. Except as provided in subparagraph 2., an applicant 929 must hold the educational credentials required for licensure of 930 a funeral director under s. 497.373(1)(d). 931 2. An applicant who has not completed the educational 932 credentials required for a funeral director license is eligible 933 for licensure as a funeral director intern if the applicant: 934 a. Holds an associate degree or higher in any field from a 935 college or university accredited by a regional accrediting 936 agency recognized by the United States Department of Education. 937 b. Is currently enrolled in and attending a licensing 938 authority-approved course of study in mortuary science or 939 funeral service arts required for licensure of a funeral 940 director under s. 497.373(1)(d)2. 941 c. Has taken and received a passing grade in a college 942 credit course in mortuary law or funeral service law and has 943 taken and received a passing grade in a college credit course in 944 ethics. 945 (c) AnTheapplication must includeshall indicatethe name 946 and address of thelicensedfuneral director licensed under s. 947 497.373 or s. 497.374(1) under whose supervision the intern will 948 receive training and the name of the licensed funeral 949 establishment where thesuchtraining willis tobe conducted. 950 (d) AThefuneral director intern may perform only the 951 tasks, functions, and duties relating to funeral directing which 952 are performedshall internunder the direct supervision of a 953 licensed funeral director who has an active, valid license under 954 s. 497.373 or s. 497.374(1). However, a funeral director intern 955 may perform those tasks, functions, and duties under the general 956 supervision of a licensed funeral director upon graduation from 957 a licensing authority-approved course of study in mortuary 958 science or funeral service arts required under s. 959 497.373(1)(d)2. and passage of the laws-and-rules examination 960 required under s. 497.373(2)(b), if the funeral director in 961 charge of the funeral director internship training agency, after 962 6 months of direct supervision, certifies to the licensing 963 agency that the intern is competent to complete the internship 964 under general supervision. 965 (2) Rules shall be adopted establishing a funeral director 966 internship program and criteria for funeral director intern 967 training agencies and supervisors. Any funeral establishment 968 where funeral directing is conducted may apply to the licensing 969 authority for approval as a funeral director intern training 970 agency. 971 (3) A funeral establishment designated as a funeral 972 director intern training agency may not exact a fee from any 973 person obtaining intern training at such funeral establishment. 974 (4)(a) A funeral director intern license expires 1 year 975 after issuance and, except as provided in paragraph (b) or 976 paragraph (c), may not be renewed. 977 (b) A funeral director intern who is eligible for licensure 978 under subparagraph (1)(b)2. may renew her or his funeral 979 director intern license for an additional 1-year period if the 980 funeral director in charge of the funeral director intern 981 training agency certifies to the licensing authority that the 982 intern has completed at least one-half of the course of study in 983 mortuary science or funeral service arts. 984 (c) The licensing authority may adopt rules that allow a 985 funeral director intern to renew her or his funeral director 986 intern license for an additional 1-year period if the funeral 987 director intern demonstrates her or his failure to complete the 988 internship before expiration of the license due to illness, 989 personal injury, or other substantial hardship beyond her or his 990 reasonable control or demonstrates that she or he has completed 991 the requirements for licensure as a funeral director but is 992 awaiting the results of a licensure examination. However, a 993 funeral director intern who renews her or his license under 994 paragraph (b) is not eligible to renew the license under this 995 paragraph. 996 (d) The licensing authority may require payment of a 997 nonrefundable fee for the renewal of any funeral director intern 998 license. The fee shall be set by rule of the licensing authority 999 but may not exceed the fee set pursuant to paragraph (1)(a) for 1000 an initial funeral director intern license. 1001 Section 20. Section 497.376, Florida Statutes, is amended 1002 to read: 1003 497.376 License as funeral director and embalmer permitted;1004display of license.— 1005(1) Nothing inThis chapter does notmay be construed to1006 prohibit a person from holding a license as an embalmer and a 1007 license as a funeral director at the same time. There may be 1008 issued and renewed by the licensing authority a combination 1009 license as both funeral director and embalmer to persons meeting 1010 the separate requirements for both licenses as set forth in this 1011 chapter. The licensing authority may adopt rules providing 1012 procedures for applying for and renewing such combination 1013 license. The licensing authority may by rule establish 1014 application, renewal, and other fees for such combination 1015 license, which fees shall not exceed the sum of the maximum fees 1016 for the separate funeral director and embalmer license 1017 categories as provided in this chapter. Persons holding a 1018 combination license as a funeral director and an embalmer shall 1019 be subject to regulation under this chapter both as a funeral 1020 director and an embalmer. 1021(2) There shall be adopted rules which require each license1022issued under this chapter to be displayed in such a manner as to1023make it visible to the public and to facilitate inspection by1024the licensing authority. However, each licensee shall1025permanently affix a recent photograph of the licensee to each1026displayed license issued to that licensee as a funeral director1027or embalmer.1028 Section 21. Subsection (1) of section 497.378, Florida 1029 Statutes, is amended to read: 1030 497.378 Renewal of funeral director and embalmer licenses.— 1031 (1) The licensing authorityThereshall renewbe reneweda 1032 funeral director or embalmer license upon receipt of the renewal 1033 application and fee set by the licensing authority, not to 1034 exceed $500. The licensing authority may adopt rules for the 1035 renewal of a funeral director or embalmer license. The rules may 1036 requireprescribe by rulecontinuing educationrequirementsof 1037 up to 12 classroom hours and mayby ruleestablish criteria for 1038 accepting alternative nonclassroom continuing education on an 1039 hour-for-hour basis, in addition to a licensing authority 1040 approved course on communicable diseasesthat includes the1041course on human immunodeficiency virus and acquired immune1042deficiency syndrome required by s.497.367, for the renewal of a 1043 funeral director or embalmer license. The rulesrulemay also 1044 provide for the waiver of continuing education requirements in 1045 circumstances that would justify the waiver, such as hardship, 1046 disability, or illness. The continuing education requirement is 1047 not required for a licensee who is over the age of 75 years if 1048 the licensee does not qualify as the sole person in charge of an 1049 establishment or facility. 1050 Section 22. Subsections (7) and (12) of section 497.380, 1051 Florida Statutes, are amended, and subsection (15) is added to 1052 that section, to read: 1053 497.380 Funeral establishment; licensure; display of 1054 license.— 1055 (7) Each licensed funeral establishment shall have one 1056 full-time funeral director in charge and shall have a licensed 1057 funeral director reasonably available to the public during 1058 normal business hours for thethatestablishment. The full-time 1059 funeral director in charge is responsible for ensuring that the 1060 facility, its operation, and all persons employed in the 1061 facility comply with all applicable state and federal laws and 1062 rules. The full-time funeral director in charge must have an 1063 active license and may not be the full-time funeral director in 1064 charge of any other funeral establishment or of any other direct 1065 disposal establishment. Effective October 1, 2010, the full-time 1066 funeral director in charge must hold an active, valid embalmer 1067 license or combination license as a funeral director and an 1068 embalmer. However, a funeral director may continue as the full 1069 time funeral director in charge without an embalmer or 1070 combination license if, as of September 30, 2010: 1071 (a) The funeral establishment and the funeral director both 1072 have active, valid licenses. 1073 (b) The funeral director is currently the full-time funeral 1074 director in charge of the funeral establishment. 1075 (c) The name of the funeral director was included, as 1076 required in subsection (4), in the funeral establishment’s most 1077 recent application for issuance or renewal of its license or was 1078 included in the establishment’s report of change provided under 1079 paragraph (12)(c). 1080 (12)(a) A change in ownership of a funeral establishment 1081 shall be promptly reported pursuant to procedures established by 1082 rule and shall require the relicensure of the funeral 1083 establishment, including reinspection and payment of applicable 1084 fees. 1085 (b) A change in location of a funeral establishment shall 1086 be promptly reported to the licensing authority pursuant to 1087 procedures established by rule. Operations by the licensee at a 1088 new location may not commence until an inspection by the 1089 licensing authority of the facilities, pursuant to rules of the 1090 licensing authority, has been conducted and passed at the new 1091 location. 1092 (c) A change in the funeral director in charge of a funeral 1093 establishment shall be promptly reported pursuant to procedures 1094 established by rule. 1095 (15)(a) A funeral establishment and each funeral director 1096 and, if applicable, embalmer employed at the establishment must 1097 display their current licenses in a conspicuous place within the 1098 establishment in such a manner as to make the licenses visible 1099 to the public and to facilitate inspection by the licensing 1100 authority. If a licensee is simultaneously employed at more than 1101 one location, the licensee may display a copy of the license in 1102 lieu of the original. 1103 (b) Each licensee shall permanently affix a photograph 1104 taken of the licensee within the previous 6 years to each 1105 displayed license issued to that licensee as a funeral director 1106 or embalmer. 1107 Section 23. Section 497.4555, Florida Statutes, is created 1108 to read: 1109 497.4555 Charges for preneed contract.—A preneed licensee 1110 may charge the purchaser of a preneed contract for processing, 1111 filing, and archiving the contract and for performing other 1112 administrative duties related to the contract. A preneed 1113 licensee must disclose these charges to the purchaser and 1114 include them on its standard printed price lists and other 1115 disclosure information provided to the public under s. 497.468. 1116 These charges are not subject to the trust deposit requirements 1117 in s. 497.458. The department may, subject to approval by the 1118 board, adopt rules to administer this section. 1119 Section 24. Paragraph (a) of subsection (13) of section 1120 497.456, Florida Statutes, is amended to read: 1121 497.456 Preneed Funeral Contract Consumer Protection Trust 1122 Fund.— 1123 (13) Regarding the Preneed Funeral Contract Consumer 1124 Protection Trust Fund, the licensing authority shall have 1125 authority to adopt rules for the implementation of this section, 1126 including: 1127 (a) Forms to be used in filing claims against the trust 1128 fund, which may require that the claims be sworn to or affirmed, 1129 and that the forms be signed, before a notary public. 1130 Section 25. Subsections (3) and (7) of section 497.464, 1131 Florida Statutes, are amended to read: 1132 497.464 Alternative preneed contracts.— 1133 (3) The contract must require that the purchaser make all 1134 payments required by the contract directly to the trustee or its 1135 qualified servicing agentand that the funds shall be deposited1136in this state, subject to the terms of a trust instrument 1137 approved by the licensing authority. The licensing authority may 1138 adopt rules establishing procedures and forms for the submission 1139 of trust instruments for approval by the licensing authority, 1140 establishing criteria for the approval of such trust 1141 instruments, and specifying information required to be provided 1142 by the applicant in connection with submission of a trust 1143 instrument for approval. A copy of the trust instrument shall be 1144 made available to the purchaser, at any reasonable time, upon 1145 request. 1146 (7) The trustee shall disburseDisbursement offunds 1147 discharging aanypreneed contractshall be made by the trustee1148 to the person issuing or writing thesuchcontract upon the 1149 trustee’s receipt of a certified copy of the contract 1150 beneficiary’s death certificate or satisfactoryof the contract1151beneficiary andevidence, as the licensing authority shall 1152 define by rule,satisfactory to the trusteethat the preneed 1153 contract has beenfullyperformed in whole or in part. However, 1154 if the contract is only partially performed, the disbursement 1155 shall cover only that portion of the contract performed. In the 1156 event of any contract default by the contract purchaser, or in 1157 the event that the funeral merchandise or service contracted for 1158 is not provided or is not desired by the purchaser or the heirs 1159 or personal representative of the contract beneficiary, the 1160 trustee shall return, within 30 days after its receipt of a 1161 written request therefor, funds paid on the contract to the 1162 contract purchaser or to her or his assigns, heirs, or personal 1163 representative, subject to the lawful liquidation damage 1164 provision in the contract. 1165 Section 26. Paragraph (b) of subsection (3) and subsection 1166 (5) of section 497.602, Florida Statutes, are amended to read: 1167 497.602 Direct disposers, license required; licensing 1168 procedures and criteria; regulation.— 1169 (3) ACTION CONCERNING APPLICATIONS.—A duly completed 1170 application for licensure under this section, accompanied by the 1171 required fees, shall be approved if the licensing authority 1172 determines that the following conditions are met: 1173 (b) The applicant has taken and received a passing grade in 1174 a college credit course inFloridamortuary law and has taken 1175 and received a passing grade in a college credit course in 1176 ethics. 1177(5) DISPLAY OF LICENSE.—There shall be adopted rules which1178require each license issued under this section to be displayed1179in such a manner as to make it visible to the public and to1180facilitate inspection by the department. Each licensee shall1181permanently affix a recent photograph of the licensee to each1182displayed license issued to that licensee as a direct disposer.1183 Section 27. Subsection (2) of section 497.603, Florida 1184 Statutes, is amended to read: 1185 497.603 Direct disposers, renewal of license.— 1186 (2) The licensing authorityThereshall adoptbe adopted1187 rules establishing procedures, forms, and a scheduleand forms1188and procedurefor the biennial renewal of direct disposer 1189 licensesas direct disposers. The rulesThereshall requirebe1190adopted by rulecontinuing educationrequirementsof up to 6 1191 classroom hours, including, but not limited to, a course on 1192 communicable diseases approved by the licensing authority, and 1193theremay establishby rule be establishedcriteria for 1194 accepting alternative nonclassroom continuing education on an 1195 hour-for-hour basis, in addition to an approved course on1196communicable diseases that includes the course on human1197immunodeficiency virus and acquired immune deficiency syndrome1198required by s.497.367, for the renewal of a license as a direct1199disposer. 1200 Section 28. Paragraph (c) of subsection (2), subsection 1201 (8), and paragraph (d) of subsection (9) of section 497.604, 1202 Florida Statutes, are amended, and subsection (10) is added to 1203 that section, to read: 1204 497.604 Direct disposal establishments, license required; 1205 licensing procedures and criteria; license renewal; regulation; 1206 display of license.— 1207 (2) APPLICATION PROCEDURES.— 1208 (c) The application shall name the licensed direct disposer 1209 or licensed funeral directorwho will beacting as theadirect 1210 disposer in charge of the direct disposal establishment. 1211 (8) SUPERVISION OF FACILITIES.— 1212 (a) Effective October 1, 2010, each direct disposal 1213 establishment shall have one full-timelicensed direct disposer1214orlicensed funeral director acting as theadirect disposer in 1215 charge. However, a licensed direct disposer may continue acting 1216 as the direct disposer in charge, if, as of September 30, 2010: 1217 1. The direct disposal establishment and the licensed 1218 direct disposer both have active, valid licenses. 1219 2. The licensed direct disposer is currently acting as the 1220 direct disposer in charge of the direct disposal establishment. 1221 3. The name of the licensed direct disposer was included, 1222 as required in paragraph (2)(c), in the direct disposal 1223 establishment’s most recent application for issuance or renewal 1224 of its license or was included in the establishment’s notice of 1225 change provided under subsection (7). 1226 (b) The licensed funeral director or licensed direct 1227 disposer in charge of a direct disposal establishment must be 1228andreasonably available to the public during normal business 1229 hours for thethatestablishment and. Such personmay be in 1230 charge of only one direct disposal establishmentfacility. The 1231Suchlicensed funeral director or licensed direct disposer in 1232 charge of the establishment isshall beresponsible for making 1233 sure the facility, its operations, and all persons employed in 1234 the facility comply with all applicable state and federal laws 1235 and rules. 1236 (9) REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.— 1237 (d) Each direct disposal establishment must display at the 1238 public entrance the name of the establishment and the name of 1239 the licensed direct disposer or licensed funeral director acting 1240 as theadirect disposer in charge of theresponsible for that1241 establishment. A direct disposal establishment must transact its 1242 business under the name by which it is licensed. 1243 (10) DISPLAY OF LICENSE.— 1244 (a) A direct disposer establishment and each direct 1245 disposer, or funeral director acting as a direct disposer, 1246 employed at the establishment must display their current 1247 licenses in a conspicuous place within the establishment in such 1248 a manner as to make the licenses visible to the public and to 1249 facilitate inspection by the licensing authority. If a licensee 1250 is simultaneously employed at more than one location, the 1251 licensee may display a copy of the license in lieu of the 1252 original. 1253 (b) Each licensee shall permanently affix a photograph 1254 taken of the licensee within the previous 6 years to each 1255 displayed license issued to that licensee as a direct disposer 1256 or funeral director acting as a direct disposer. 1257 Section 29. Section 497.367, Florida Statutes, is repealed. 1258 Section 30. This act shall take effect July 1, 2010.