The Florida Senate

470.002  Definitions.--As used in this chapter:

(1)  "Department" means the Department of Business and Professional Regulation.

(2)  "Board" means the Board of Funeral Directors and Embalmers.

(3)  "Funeral director" means any person licensed under this chapter to practice funeral directing in this state.

(4)  "Practice of funeral directing" means the performance by a licensed funeral director of any of those functions authorized by s. 470.0087.

(5)  "Embalmer" means any person licensed under this chapter to practice embalming in this state.

(6)  "Practice of embalming" means disinfecting or preserving or attempting to disinfect or preserve dead human bodies by replacing certain body fluids with preserving and disinfecting chemicals.

(7)  "Funeral establishment" means a facility licensed under this chapter where a funeral director or embalmer practices funeral directing or embalming.

(8)  "Direct disposal establishment" means a facility registered under this chapter where a direct disposer practices direct disposition.

(9)  "Direct disposer" means any person registered under this chapter to practice direct disposition in this state.

(10)  "Practice of direct disposition" means the cremation of human remains without preparation of the human remains by embalming and without any attendant services or rites such as funeral or graveside services or the making of arrangements for such final disposition.

(11)  "Final disposition" means the final disposal of a dead human body by earth interment, aboveground interment, cremation, burial at sea, or delivery to a medical institution for lawful dissection if the medical institution assumes responsibility for disposal. "Final disposition" does not include the disposal or distribution of ashes and residue of cremated human remains.

(12)  "Funeral merchandise" or "merchandise" means any merchandise commonly sold in connection with the funeral, final disposition, or memorialization of human remains, including, but not limited to, caskets, outer burial containers, alternative containers, cremation containers, urns, monuments, private mausoleums, flowers, shrubs, benches, vases, acknowledgment cards, register books, memory folders, prayer cards, and clothing.

(13)  "Funeral" or "funeral service" means the observances, services, or ceremonies held to commemorate the life of a specific deceased human being, and at which the human remains are present.

(14)  "Cinerator" means a facility where dead human bodies are reduced to a residue, including bone fragments, by direct flame, also known as "cremation," or by intense heat, also known as "calcination."

(15)  "Alternative container" means a nonmetal receptacle or enclosure which is less expensive than a casket and of sufficient strength to be used to hold and transport a dead human body.

(16)  "Casket" means a rigid container which is designed for the encasement of human remains for burial and which is usually constructed of wood or metal, ornamented, and lined with fabric.

(17)  "Solicitation" means any communication which directly or implicitly requests an immediate oral response from the recipient.

(18)  "Legally authorized person" means, in the priority listed, the decedent, when written inter vivos authorizations and directions are provided by the decedent, the surviving spouse, son or daughter who is 18 years of age or older, parent, brother or sister 18 years of age or over, grandchild who is 18 years of age or older, or grandparent; or any person in the next degree of kinship. In addition, the term may include, if no family exists or is available, the following: the guardian of the dead person at the time of death; the personal representative of the deceased; a public health officer; the medical examiner, county commission or administrator acting under chapter 245, or other public administrator; a representative of a nursing home or other health care institution in charge of final disposition; or a friend or other person not listed in this subsection who is willing to assume the responsibility as authorized person.

(19)  "Outer burial container" means an enclosure into which a casket is placed, including, but not limited to, a vault made of concrete, steel, fiberglass, or copper, a sectional concrete enclosure, a crypt, or a wooden enclosure.

(20)  "Personal residence" means any residential building in which one temporarily or permanently maintains his or her abode, including, but not limited to, an apartment or a hotel, motel, nursing home, convalescent home, home for the aged, or a public or private institution.

(21)  "Preneed sales agent" means any person who is registered under chapter 497 to sell preneed burial or funeral service and merchandise contracts or direct disposition contracts in this state.

(22)  "At-need solicitation" means any uninvited contact by a funeral director or direct disposer for the purpose of the sale of funeral services or merchandise to the family or next of kin of a person after that person has died.

(23)  "Human remains" or "remains," "dead human body" or "dead human bodies," means the body of a deceased human person for which a death certificate or fetal death certificate is required under chapter 382 and includes the body in any stage of decomposition and the residue of cremated human bodies.

(24)  "Cremation" includes any mechanical or thermal process whereby a dead human body is reduced to ashes and bone fragments. Cremation also includes any other mechanical or thermal process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity.

(25)  "Refrigeration facility" means a facility that is not physically connected with a funeral establishment, crematory or direct disposal establishment, that maintains space and equipment for the storage and refrigeration of dead human bodies, and that offers its service to funeral directors and funeral establishments for a fee.

(26)  "Removal service" means any service that operates independently of a funeral establishment, that handles the initial removal of dead human bodies, and that offers its service to funeral establishments and direct disposal establishments for a fee.

(27)  "Centralized embalming facility" means a facility, not physically connected with a funeral establishment, in which embalming takes place.

(28)  "Disinterment" means removal of a dead human body from earth interment or aboveground interment.

History.--ss. 1, 5, ch. 79-231; s. 336, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 11, 43, ch. 82-179; s. 17, ch. 83-316; s. 1, ch. 85-16; s. 1, ch. 89-8; s. 133, ch. 92-149; ss. 2, 122, ch. 93-399; s. 59, ch. 94-119; s. 1, ch. 96-355.