Bill Text: FL S1152 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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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 builder or, for board appointments made 
525  before June 1, 2006, a licensed monument establishment certified 
526  by the department to be eligible for licensure as a monument 
527  builder. 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 must shall be required to disclose 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) for of which the person or 
599  entity required to make disclosure has been convicted or to 
600  which that person or entity entered a plea in the nature of 
601  guilty or nolo contendere no contest. Disclosure is shall be 
602  required pursuant to this subsection regardless of whether 
603  adjudication is was entered or withheld by the court in which 
604  the case was prosecuted. 
605         (g) The licensing authority shall may adopt rules 
606  specifying forms and procedures to be used utilized by 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  need retired 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 use 
621  of retired Florida licensees professionals in good standing, and 
622  active licensees in good standing from other jurisdictions, be 
623  able to serve this state during times of critical need should be 
624  encouraged. To that end, rules may be adopted to permit practice 
625  by retired professionals as limited licensees under this 
626  section. 
627         (2) As used in For purposes of this section, the term 
628  “critical need” means an executive order of from the Governor or 
629  a federal 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 
633  Any person seeking desiring to obtain a limited license, when 
634  permitted by rule, shall submit to the department an application 
635  and fee, not to exceed $300, and an affidavit stating that the 
636  applicant is a retired Florida licensee or holds an active 
637  license has been licensed to practice in another any 
638  jurisdiction of in the United States for at least 10 years in 
639  the profession for which the applicant seeks the a limited 
640  license. The affidavit shall also state that the applicant has 
641  retired from the practice of that profession and intends to 
642  practice only pursuant to the restrictions of the limited 
643  license granted under pursuant to this section. If the applicant 
644  for a limited license submits a notarized statement from the 
645  employer stating that the applicant will not receive monetary 
646  compensation for any service involving the practice of her or 
647  his profession, all licensure fees shall be waived. In no event 
648  may A person holding a limited license under this section may 
649  not engage in preneed sales under the such limited 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 provide up to 5 hours of 
654  continuing education credit for each per continuing 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 credit 
658  may be utilized by a licensee. The rules may include provisions 
659  that establish as to the minimum amount of time that must be 
660  spent in the board meeting room viewing proceedings, which may 
661  be 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 are shall be subject to approval by the 
671  department before prior to promulgation. 
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 individuals 
715  who intend to be involved in the removal or transportation of 
716  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 30 10 days 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 is shall be responsible 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 the a direct disposer in charge of a direct disposal 
738  establishment is shall be responsible 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 may not require any person or firm 
765  that delivers, installs, places, or sets a monument to show 
766  proof of liability obtain any form of insurance 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  of a funeral 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, service with the 
799  family or friends of the decedent or any other person 
800  responsible for such services service; setting the time of the 
801  services service; establishing the type of services service to 
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 for a funeral 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, 
809  service on an at-need basis, except provided that 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, or faxing, 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 
863  association of colleges and schools recognized by the United 
864  States Department of Education and is a graduate of a at least 
865  an approved 1-year course 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 on the subjects of the theory and 
872  practice of funeral directing and funeral service arts, public 
873  health and sanitation, and local, state, and federal laws and 
874  rules relating to the disposition of dead human bodies; however, 
875  the licensing authority may approve there may be approved by 
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 of part of this 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 for a limited period of 6 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 authority shall make 
924  application on forms prescribed as required by rule of the 
925  licensing authority, together with a nonrefundable fee set as 
926  determined by rule of the licensing authority but not 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) An The application must include shall indicate the name 
946  and address of the licensed funeral 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 the such training will is to be conducted. 
950         (d) A The funeral director intern may perform only the 
951  tasks, functions, and duties relating to funeral directing which 
952  are performed shall intern under 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; 
1004  display of license.— 
1005         (1) Nothing in This chapter does not may be construed to 
1006  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 license 
1022  issued under this chapter to be displayed in such a manner as to 
1023  make it visible to the public and to facilitate inspection by 
1024  the licensing authority. However, each licensee shall 
1025  permanently affix a recent photograph of the licensee to each 
1026  displayed license issued to that licensee as a funeral director 
1027  or 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 authority There shall renew be renewed a 
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  require prescribe by rule continuing education requirements of 
1037  up to 12 classroom hours and may by rule establish 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 diseases that includes the 
1041  course on human immunodeficiency virus and acquired immune 
1042  deficiency syndrome required by s. 497.367, for the renewal of a 
1043  funeral director or embalmer license. The rules rule may 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 the that establishment. 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 agent and that the funds shall be deposited 
1136  in 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 disburse Disbursement of funds 
1147  discharging a any preneed contract shall be made by the trustee 
1148  to the person issuing or writing the such contract upon the 
1149  trustee’s receipt of a certified copy of the contract 
1150  beneficiary’s death certificate or satisfactory of the contract 
1151  beneficiary and evidence, as the licensing authority shall 
1152  define by rule, satisfactory to the trustee that the preneed 
1153  contract has been fully performed 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 in Florida mortuary 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 which 
1178  require each license issued under this section to be displayed 
1179  in such a manner as to make it visible to the public and to 
1180  facilitate inspection by the department. Each licensee shall 
1181  permanently affix a recent photograph of the licensee to each 
1182  displayed 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 authority There shall adopt be adopted 
1187  rules establishing procedures, forms, and a schedule and forms 
1188  and procedure for the biennial renewal of direct disposer 
1189  licenses as direct disposers. The rules There shall require be 
1190  adopted by rule continuing education requirements of up to 6 
1191  classroom hours, including, but not limited to, a course on 
1192  communicable diseases approved by the licensing authority, and 
1193  there may establish by rule be established criteria for 
1194  accepting alternative nonclassroom continuing education on an 
1195  hour-for-hour basis, in addition to an approved course on 
1196  communicable diseases that includes the course on human 
1197  immunodeficiency virus and acquired immune deficiency syndrome 
1198  required by s. 497.367, for the renewal of a license as a direct 
1199  disposer. 
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 director who will be acting as the a direct 
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-time licensed direct disposer 
1214  or licensed funeral director acting as the a direct 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 
1228  and reasonably available to the public during normal business 
1229  hours for the that establishment and. Such person may be in 
1230  charge of only one direct disposal establishment facility. The 
1231  Such licensed funeral director or licensed direct disposer in 
1232  charge of the establishment is shall be responsible 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 the a direct disposer in charge of the responsible for that 
1241  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.