The Florida Senate

¹470.021  Direct disposal establishment; standards and location; registration.--

(1)  A direct disposer shall practice at a direct disposal establishment which has been registered with the department and which may be a cinerator facility licensed under s. 470.025 The board shall establish by rule standards for direct disposal establishments, including, but not limited to, requirements for refrigeration and storage of dead human bodies.

(2)  The practice of direct disposition must be engaged in at a fixed location. No person may open or maintain an establishment at which to engage in or hold himself or herself out as engaging in the practice of direct disposition unless such establishment is registered with the board. Any change in location of such establishment shall be reported promptly to the board as prescribed by rule of the board.

(3)  An application for a direct disposal establishment registration shall be made on a form furnished by the department, shall include the name of the registered direct disposer or licensed funeral director acting as a direct disposer who is in charge of that establishment, and shall be accompanied by a nonrefundable fee not to exceed $300 as set by the department.

(4)  A direct disposal establishment registration shall be renewed biennially pursuant to procedures and upon payment of a fee not to exceed $300 as set by the board. The board may also establish by rule a delinquency fee not to exceed $50. Any direct disposal establishment registration not renewed within 30 days shall expire without further action by the department or the board.

(5)(a)  Each direct disposal establishment shall at all times be subject to the inspection of all its buildings, grounds, and vehicles used in the conduct of its business, by the department, the Department of Health, and local government inspectors and by their agents. The board shall adopt rules which establish such inspection requirements.

(b)  The board shall set by rule an annual inspection fee not to exceed $100, payable upon application for registration and upon each renewal of such registration.

(6)  Each application for a direct disposal establishment registration must identify every person with the ability to direct the management or policies of the establishment and must identify every person having more than a 10-percent ownership interest in the establishment or the business or corporation which owns the establishment. The board may deny, suspend, or revoke the registration if any person identified in the application has ever been disciplined by a regulatory agency in any jurisdiction for any offense that would constitute a violation of this chapter. The board may deny, suspend, or revoke the registration if any person identified in the application has ever been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the ability to operate a direct disposal establishment.

(7)  Each direct disposal establishment must display at the public entrance the name of the establishment and the name of the direct disposer or licensed funeral director acting as a direct disposer responsible for that establishment. A direct disposal establishment must transact its business under the name by which it is registered.

(8)  Each direct disposal establishment must notify the board in writing prior to any change in ownership, name, or registered person in charge.

(9)  Each registered direct disposal establishment shall have one full-time registered direct disposer or licensed funeral director acting as a direct disposer in charge and reasonably available to the public during normal business hours for that establishment. Such person may be in charge of only one facility.

(10)  A direct disposal establishment may not be operated at the same location as any other direct disposal establishment or funeral establishment unless such establishments were licensed as colocated establishments on July 1, 2000.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; ss. 13, 43, ch. 82-179; s. 1, ch. 89-8; s. 45, ch. 89-162; s. 23, ch. 89-374; ss. 20, 122, ch. 93-399; s. 71, ch. 94-119; s. 319, ch. 97-103; s. 229, ch. 99-8; s. 28, ch. 2000-356; s. 129, ch. 2004-301.

¹Note.--Section 129, ch. 2004-301, renumbered s. 470.021 as s. 497.604 and amended the section, effective October 1, 2005, to read:

497.604  Direct disposal establishments, license required; licensing procedures and criteria; license renewal; regulation.--

(1)  LICENSE REQUIRED.--A direct disposer shall practice at a direct disposal establishment which has been licensed under this section and which may be a cinerator facility licensed under s. 497.606 No person may open or maintain an establishment at which to engage in or hold herself or himself out as engaging in the practice of direct disposition unless such establishment is licensed pursuant to this section.

(2)  APPLICATION PROCEDURES.--

(a)  A person seeking licensure as a direct disposal establishment shall apply for such licensure using forms prescribed by rule.

(b)  The application shall require the name, business address, residence address, date and place of birth or incorporation, and business phone number, of the applicant and all principals of the applicant. The application shall require the applicant's social security number or, if the applicant is an entity, its federal tax identification number.

(c)  The application shall name the licensed direct disposer or licensed funeral director who will ²be acting as a direct disposer in charge of the direct disposal establishment.

(d)  The application may require information as to the applicant's financial resources.

(e)  The application may require information as to the educational and employment history of an individual applicant; and as to applicants that are not natural persons, the business and employment history of the applicant and principals of the applicant.

(f)  The application shall require the applicant to disclose whether the applicant or any of the applicant's principals including its proposed supervising licensee has ever been convicted or found guilty of, or entered a plea of no contest to, regardless of adjudication, any crime in any jurisdiction.

(g)  The application shall require the applicant to disclose whether the applicant or any of the applicant's principals including its proposed supervising licensee has ever had a license or the authority to practice a profession or occupation refused, suspended, fined, denied, or otherwise acted against or disciplined by the licensing authority of any jurisdiction. A licensing authority's acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license.

(h)  The application shall require the applicant and its principals to provide fingerprints in accordance with part I of this chapter.

(i)  The application shall require the applicant to demonstrate that the applicant does, or will before commencing operations under the license, comply with all requirements of this chapter relating to the licensure applied for.

(j)  The application shall be signed by the applicant if a natural person or by the president of an applicant that is not a natural person.

(k)  The application shall be accompanied by a nonrefundable fee of $300. The licensing authority may from time to time by rule increase the fee but not to exceed $500.

(3)  ACTION CONCERNING APPLICATIONS.--A duly completed application for licensure under this section, accompanied by the required fee, shall be approved if the licensing authority determines that the following conditions are met:

(a)  The applicant is a natural person at least 18 years of age, a corporation, a partnership, or a limited liability company formed prior to January 1, 2006, which limited liability company already holds a license under this chapter.

(b)  The applicant does or will prior to commencing operations under the license comply with all requirements of this chapter relating to the license applied for.

(c)  The applicant and the applicant's principals are of good character and have no demonstrated history of lack of trustworthiness or integrity in business or professional matters.

(4)  ISSUANCE OF LICENSE.--Upon approval of the application by the licensing authority, the license shall be issued.

(5)  PROBATIONARY STATUS.--It is the policy of this state to encourage competition for the public benefit in the direct disposal establishment business by, among other means, the entry of new licensees into that business. To facilitate issuance of licenses concerning applications judged by the licensing authority to be borderline as to qualification for licensure, the licensing authority may issue a new license under this section on a probationary basis, subject to conditions specified by the licensing authority on a case-by-case basis, which conditions may impose special monitoring, reporting, and restrictions on operations for up to the first 24 months of licensure, to ensure the licensee's responsibleness, competency, financial stability, and compliance with this chapter. However, no such probationary license shall be issued unless the licensing authority determines that issuance would not pose an unreasonable risk to the public, and the licensing authority must within 24 months after issuance of the license either remove the probationary status or determine that the licensee is not qualified for licensure under this chapter and institute proceedings for revocation of licensure.

(6)  RENEWAL OF LICENSE.--A direct disposal establishment license shall be renewed biennially pursuant to schedule, forms, ³and procedures and upon payment of a fee of $200. The licensing authority may from time to time increase the fee by rule but not to exceed $400.

(7)  CHANGES SUBSEQUENT TO LICENSURE.--Each licensee under this section must provide notice as required by rule prior to any change in location or control of the licensee or licensed person in charge of the licensee's operations. Any such change is subject to disapproval or to reasonable conditions imposed by the licensing authority, for the protection of the public to ensure compliance with this chapter.

(8)  SUPERVISION OF FACILITIES.--Each direct disposal establishment shall have one full-time licensed direct disposer or licensed funeral director acting as a direct disposer in charge and reasonably available to the public during normal business hours for that establishment. Such person may be in charge of only one facility. Such licensed funeral director or licensed direct disposer shall be responsible for making sure the facility, its operations, and all persons employed in the facility comply with all applicable state and federal laws and rules.

(9)  REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.--

(a)  There shall be established by rule standards for direct disposal establishments, including, but not limited to, requirements for refrigeration and storage of dead human bodies.

(b)  The practice of direct disposition must be engaged in at a fixed location of at least 625 interior contiguous square feet and must maintain or make arrangements for suitable capacity for the refrigeration and storage of dead human bodies handled and stored by the establishment.

(c)  Each direct disposal establishment shall at all times be subject to the inspection of all its buildings, grounds, and vehicles used in the conduct of its business, by the department, the Department of Health, and local government inspectors and by their agents. There shall be adopted rules which establish such inspection requirements. There shall be adopted by rule of the licensing authority an annual inspection fee not to exceed $300, payable upon issuance of license and upon each renewal of such license.

(d)  Each direct disposal establishment must display at the public entrance the name of the establishment and the name of the direct disposer or licensed funeral director acting as a direct disposer responsible for that establishment. A direct disposal establishment must transact its business under the name by which it is licensed.

(e)  A direct disposal establishment may not be operated at the same location as any other direct disposal establishment or funeral establishment unless such establishments were licensed as colocated establishments on July 1, 2000.

²Note.--The word "be" was inserted by the editors.

³Note.--The word "and" was inserted by the editors.