The Florida Senate

¹497.101  Board of Funeral and Cemetery Services; membership; appointment; terms.--

(1)  The Board of Funeral and Cemetery Services is created within the department and shall consist of seven members appointed by the Governor, from nominations made by the Chief Financial Officer, and confirmed by the Senate. The Chief Financial Officer shall nominate three persons for each vacancy on the board, and the Governor shall fill each vacancy on the board by appointing one of the three persons nominated by the Chief Financial Officer to fill that vacancy. If the Governor objects to each of the three nominations for a vacancy, she or he shall inform the Chief Financial Officer in writing. Upon notification of an objection by the Governor, the Chief Financial Officer shall submit three additional nominations for that vacancy until the vacancy is filled.

(2)  Two members of the board must be funeral directors licensed under chapter 470 who are not associated with a cemetery company through ownership interests or through employment with a company which has an ownership interest in a cemetery. Two members must be owners or operators of a cemetery licensed under this chapter. The remaining three members must be residents of the state who have never been licensed as funeral directors or embalmers and who are in no way connected with a cemetery, the death care industry, or the practice of embalming, funeral directing, or direct disposition. At least one consumer member of the board must be 60 years of age or older. No licensee on the board may be associated by employment or ownership with a funeral establishment or cemetery which is owned partly or wholly by a person, business, corporation, or other entity which is associated with another licensee on the board.

(3)  The Governor shall appoint members for terms of 4 years, and such members shall serve until their successors are appointed. When the terms of the initial board members expire, the Governor shall stagger the terms of the successor members as follows: one funeral director, one cemetery company representative, and one consumer member shall be appointed for terms of 2 years, and the remaining members shall be appointed for terms of 4 years. All subsequent terms shall be for 4 years.

History.--s. 41, ch. 93-399; s. 5, ch. 96-400; s. 1143, ch. 97-103; s. 551, ch. 2003-261; s. 7, ch. 2004-301.

¹Note.--

A.  Section 7, ch. 2004-301, amended s. 497.101, effective October 1, 2005, to read:

497.101  Board of Funeral, Cemetery, and Consumer Services; membership; appointment; terms.--

(1)  The Board of Funeral, Cemetery, and Consumer Services is created within the Department of Financial Services and shall consist of 10 members, 9 of whom shall be appointed by the Governor from nominations made by the Chief Financial Officer and confirmed by the Senate. The Chief Financial Officer shall nominate three persons for each of the nine vacancies on the board, and the Governor shall fill each vacancy on the board by appointing one of the three persons nominated by the Chief Financial Officer to fill that vacancy. If the Governor objects to each of the three nominations for a vacancy, she or he shall inform the Chief Financial Officer in writing. Upon notification of an objection by the Governor, the Chief Financial Officer shall submit three additional nominations for that vacancy until the vacancy is filled. One member must be the State Health Officer or her or his designee.

(2)  Two members of the board must be funeral directors licensed under part III of this chapter who are associated with a funeral establishment. One member of the board must be a funeral director licensed under part III of this chapter who is associated with a funeral establishment licensed under part III of this chapter which has a valid preneed license issued pursuant to this chapter and who owns or operates a cinerator facility approved under chapter 403 and licensed under part VI of this chapter. Two members of the board must be persons whose primary occupation is associated with a cemetery company licensed pursuant to this chapter. Three members of the board must be consumers who are residents of the state, have never been licensed as funeral directors or embalmers, are not connected with a cemetery or cemetery company licensed pursuant to this chapter, and are not connected with the death care industry or the practice of embalming, funeral directing, or direct disposition. One of the consumer members must be at least 60 years of age, and one must be licensed as a certified public accountant under chapter 473. One member of the board must be a monument dealer licensed under this chapter. One member must be the State Health Officer or her or his designee. There shall not be two or more board members who are directors, employees, partners, shareholders, or members of the same company or partnership or group of companies or partnerships under common control.

(3)  Board members shall be appointed for terms of 4 years, and the State Health Officer shall serve as long as that person holds that office. The designee of the State Health Officer shall serve at the pleasure of the Governor. When the terms of the initial board members expire, the Chief Financial Officer shall stagger the terms of the successor members as follows: one funeral director, one cemetery representative, the monument dealer, and one consumer member shall be appointed for terms of 2 years, and the remaining members shall be appointed for terms of 4 years. All subsequent terms shall be for 4 years.

(4)  The Governor may suspend and the Senate may remove any board member for malfeasance or misfeasance, neglect of duty, incompetence, substantial inability to perform official duties, commission of a crime, or other substantial cause as determined by the Governor or Senate, as applicable, to evidence a lack of fitness to sit on the board. A board member shall be deemed to have resigned her or his board membership, and that position shall be deemed vacant, upon the failure of the member to attend three consecutive meetings of the board or at least half of the meetings of the board during any 12-month period, unless the Chief Financial Officer determines that there was good and adequate justification for the absences and that such absences are not likely to continue.

(5)  A current or former board member is exempt from any civil liability for any act or omission when acting in good faith in her or his official capacity, and the Department of Legal Affairs and the Division of Risk Management shall defend such board member in any civil action against such person arising from any such act or omission.

(6)  The headquarters and records of the board shall be in the Division of Funeral, Cemetery, and Consumer Services of the Department of Financial Services in the City of Tallahassee. The board may be contacted through the Division of Funeral, Cemetery, and Consumer Services of the Department of Financial Services in the City of Tallahassee. The Chief Financial Officer shall annually appoint from among the board members a chair and vice chair of the board. The board shall meet at least every 6 months, and more often as necessary. Special meetings of the board shall be convened upon the direction of the Chief Financial Officer. A quorum is necessary for the conduct of business by the board. Unless otherwise provided by law, six board members shall constitute a quorum for the conduct of the board's business.

(7)  A board member shall be compensated $50 for each day the member attends an official meeting and each day the member participates at the request of the board's executive director in any other business involving the board. To the extent authorized by s. 112.061, a board member is entitled to reimbursement for expenses incurred in connection with official duties. Out-of-state travel by board members on official business shall, in each specific instance, require the advance approval of the board's executive director in order for the travel to be eligible for reimbursement of expenses.

B.--Section 149, ch. 2004-301, provides, effective October 1, 2005, that:

"(1)  All of the statutory powers, duties and functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds for the administration of chapter 470, Florida Statutes, related to the Board of Funeral Directors and Embalmers, shall be transferred by a type two transfer, as defined in section 20.06(2), Florida Statutes, from the Department of Business and Professional Regulation to the Department of Financial Services.

"(2)  All of the statutory powers, duties and functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds for the administration of chapter 497, Florida Statutes, related to the Board of Funeral and Cemetery Services, shall be transferred by a type two transfer, as defined in section 20.06(2), Florida Statutes, to the Board of Funeral, Cemetery, and Consumer Services and the Department of Financial Services, as appropriate."

C.  Section 150, ch. 2004-301, provides that:

"(1)  The transfer of regulatory authority under chapter 470, Florida Statutes, provided by this act shall not affect the validity of any judicial or administrative action pending as of 11:59 p.m. on the day before [October 1, 2005], to which action the Board of Funeral Directors and Embalmers, or the Department of Business and Professional Regulation in relation to the Board of Funeral Directors and Embalmers, are at that time parties, and the Board of Funeral, Cemetery, and Consumer Services or the Department of Financial Services, as appropriate, shall be substituted as a party in interest in any such action.

"(2)  The transfer of regulatory authority under chapter 497, Florida Statutes, provided by this act shall not affect the validity of any judicial or administrative action pending as of 11:59 p.m. on the day prior to [October 1, 2005], to which action the Board of Funeral and Cemetery Services, or the Department of Financial Services in relation to the Board of Funeral and Cemetery Services, is at that time a party, and the Board of Funeral, Cemetery, and Consumer Services, or the Department of Financial Services, as appropriate, shall be substituted as a party in interest in any such action."

D.  Section 151, ch. 2004-301, provides that:

"(1)  All lawful orders issued by the Board of Funeral Directors and Embalmers, or by the Department of Business and Professional Regulation, implementing or enforcing or otherwise in regard to any provision of chapter 470, Florida Statutes, issued prior to [October 1, 2005], shall remain in effect and be enforceable after [October 1, 2005], unless thereafter modified in accordance with law.

"(2)  All lawful orders issued by the Board of Funeral and Cemetery Services, or the Department of Financial Services in regard to the Board of Funeral and Cemetery Services, implementing or enforcing or otherwise in regard to any provision of chapter 497, Florida Statutes, issued prior to [October 1, 2005], shall remain in effect and be enforceable after [October 1, 2005]."

E.  Section 152, ch. 2004-301, provides that:

"(1)  The rules of the Board of Funeral Directors and Embalmers and of the Department of Business and Professional Regulation relating to the Board of Funeral Directors and Embalmers or implementation of chapter 470, Florida Statutes, which were in effect at 11:59 p.m. on the day prior to [October 1, 2005] shall become the rules of the Department of Financial Services and the Board of Funeral, Cemetery, and Consumer Services and shall remain in effect until amended or repealed in the manner provided by law.

"(2)  The rules of the Board of Funeral and Cemetery Services which were in effect at 11:59 p.m. on the day prior to [October 1, 2005] shall become the rules of the Department of Financial Services and the Board of Funeral, Cemetery, and Consumer Services and shall remain in effect until specifically amended or repealed in the manner provided by law.

"(3)  The rules of the Department of Financial Services relating to chapter 497, Florida Statutes, which were in effect at 11:59 p.m. on the day prior to [October 1, 2005] shall continue in force until thereafter repealed or amended pursuant to chapter 120, Florida Statutes, and this act."

F.  Section 153, ch. 2004-301, provides that:

"(1)  Notwithstanding the transfer of regulatory authority over chapters 470 and 497, Florida Statutes, provided by this act, persons and entities holding in good standing any license under chapters 470 or 497, Florida Statutes, as of 11:59 p.m. on the day prior to [October 1, 2005], shall be deemed to hold in good standing a license in the same capacity under chapter 497, Florida Statutes, as of [October 1, 2005].

"(2)  Notwithstanding the transfer of regulatory authority over chapters 470 and 497, Florida Statutes, provided by this act, persons and entities holding in good standing a preneed certificate of authority under chapter 497, Florida Statutes, as of 11:59 p.m. on the day prior to [October 1, 2005], shall be deemed to hold in good standing a preneed license under part IV of chapter 497, Florida Statutes, as of [October 1, 2005], and their certificate of authority shall be deemed a preneed license for purposes of chapter 497, Florida Statutes.

"(3)  Notwithstanding the transfer of regulatory authority over chapters 470 and 497, Florida Statutes, provided by this act, persons and entities holding in good standing any registration under chapters 470 or 497, Florida Statutes, as of 11:59 p.m. on the day prior to [October 1, 2005], shall as of [October 1, 2005] be deemed to be licensed in the same capacity in which they were formerly registered, and their registration shall thereafter be deemed a license for purposes of chapter 497, Florida Statutes."

G.  Section 154, ch. 2004-301, provides that:

"(1)  The Department of Financial Services shall, no later than November 1, 2004, notify the Department of Business and Professional Regulation of its intention to contract with the Department of Business and Professional Regulation, another governmental agency, or a private business for the implementation of a system for the administration of the overall licensing process, including the processing and tracking of applications for licensure, the issuance of licenses approved by the board, the tracking of licenses issued, the administration of the license renewal process, and the collection and processing of fees relating to those activities. If the Department of Financial Services elects to contract with the Department of Business and Professional Regulation for the services described in this subsection, they shall enter into a contract no later than February 1, 2005, to become effective upon [October 1, 2005]. If the Department of Financial Services elects not to contract with the Department of Business and Professional Regulation for those services, the Department of Financial Services shall begin working with the Department of Business and Professional Regulation no later than February 1, 2005, for the conversion of those services, which conversion is to be completed before September 1, 2005.

"(2)  The Department of Financial Services shall, no later than November 1, 2004, notify the Department of Business and Professional Regulation of its intention to contract with the Department of Business and Professional Regulation for the development, preparation, administration, scoring, score reporting, and evaluation of all examinations. If the Department of Financial Services elects to contract with the Department of Business and Professional Regulation for the services described in this subsection, they shall enter into a contract no later than February 1, 2005, to become effective upon [October 1, 2005]. If the Department of Financial Services elects not to contract with the Department of Business and Professional Regulation for those services, the Department of Financial Services shall begin working with the Department of Business and Professional Regulation no later than February 1, 2005, for the conversion of those services, which conversion is to be completed before September 1, 2005.

"(3)  The Department of Financial Services shall, no later than November 1, 2004, notify the Department of Business and Professional Regulation of its intention to contract with the Department of Business and Professional Regulation, another governmental agency, or a private business for the continuing education compliance monitoring systems and services. If the Department of Financial Services elects to contract with the Department of Business and Professional Regulation for the services described in this subsection, they shall enter into a contract no later than February 1, 2005, to become effective upon [October 1, 2005]. If the Department of Financial Services elects not to contract with the Department of Business and Professional Regulation for those services, the Department of Financial Services shall begin working with the Department of Business and Professional Regulation no later than February 1, 2005, for the conversion of those services, which conversion is to be completed before September 1, 2005.

"(4)  No later than July 1, 2005, the Department of Financial Services shall begin to consult at least biweekly with prosecuting attorneys and investigators of the Department of Business and Professional Regulation to ensure the transition of pending disciplinary matters."

H.  Section 156, ch. 2004-301, provides that "[e]ffective at 11:59 p.m. on September 30, 2005, the Board of Funeral and Cemetery Services and the Board of Funeral Directors and Embalmers are abolished."