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2007 Florida Statutes

Direct disposers, license required; licensing procedures and criteria; regulation.
Section 497.602, Florida Statutes 2007

497.602  Direct disposers, license required; licensing procedures and criteria; regulation.--

(1)  LICENSE REQUIRED.--Any person who is not a licensed funeral director and who engages in the practice of direct disposition must be licensed pursuant to this section as a direct disposer.


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

(b)  The application shall require the name, residence address, date and place of birth, and social security number of the applicant.

(c)  The application may require information as to the educational and employment history of the applicant.

(d)  The applicant shall be required to make disclosure of the applicant's criminal records, if any, as required by s. 497.142

(e)  The application shall require the applicant to disclose whether the applicant 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.

(f)  The applicant shall submit fingerprints in accordance with s. 497.142

(g)  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.

(h)  The application shall be signed by the applicant.

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

(3)  ACTION CONCERNING APPLICATIONS.--A duly completed application for licensure under this section, accompanied by the required fees, 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 and a high school graduate or equivalent.

(b)  The applicant has taken and received a passing grade in a college credit course in Florida mortuary law.

(c)  The applicant has completed a course on communicable diseases approved by the licensing authority.

(d)  The applicant has passed an examination prepared by the department on the local, state, and federal laws and rules relating to the disposition of dead human bodies.

(e)  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.

(f)  The applicant is of good character and has 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)  DISPLAY OF LICENSE.--There shall be adopted rules which require each license issued under this section to be displayed in such a manner as to make it visible to the public and to facilitate inspection by the department. Each licensee shall permanently affix a recent photograph of the licensee to each displayed license issued to that licensee as a direct disposer.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 16, 122, ch. 93-399; s. 68, ch. 94-119; s. 127, ch. 2004-301; s. 46, ch. 2005-155.

Note.--Former s. 470.017.