Senate Bill sb2016c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                           CS for SB 2016

    By the Committee on Regulated Industries; and Senators Pruitt
    and Jones




    315-2316-03

  1                      A bill to be entitled

  2         An act relating to funeral directing,

  3         embalming, direct disposition, and cemetery

  4         services; amending s. 20.121, F.S.;

  5         establishing the Division of Funeral, Cemetery,

  6         and Consumer Services and the Board of Funeral,

  7         Cemetery, and Consumer Services within the

  8         Department of Financial Services; amending s.

  9         20.165, F.S.; abolishing the Board of Funeral

10         Directors and Embalmers within the Department

11         of Business and Professional Regulation;

12         amending ss. 497.005 and 470.002, F.S.;

13         providing definitions; amending s. 497.101,

14         F.S.; creating the Board of Funeral, Cemetery,

15         and Consumer Services; providing for the

16         appointment of board members; providing terms

17         of office; providing immunity from liability

18         for members acting in an official capacity;

19         specifying the headquarters for the board;

20         providing for compensation and reimbursement

21         for per diem expenses; creating s. 497.102,

22         F.S.; providing for the authority of the board;

23         creating s. 497.1021, F.S.; providing duties of

24         the Division of Funeral, Cemetery, and Consumer

25         Services; providing powers of enforcement;

26         creating s. 497.1022, F.S.; establishing the

27         office of the director of the division;

28         providing duties to the Chief Financial Officer

29         under chapters 470 and 497, F.S.; providing for

30         type two transfer of the Board of Funeral

31         Directors and Embalmers to the Department of

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         Financial Services; providing for validity of

 2         judicial and administrative actions; providing

 3         for validity of licenses; providing for

 4         continuity of rules; abolishing the Board of

 5         Funeral and Cemetery Services and the Board of

 6         Funeral Directors and Embalmers; providing for

 7         deposit of fees; providing for conforming of

 8         statutes; amending s. 470.002, F.S.; revising

 9         and providing definitions; amending s.

10         470.0085, F.S.; extending the embalmer

11         apprentice period; amending s. 470.018, F.S.;

12         increasing continuing education requirement;

13         amending s. 470.021, F.S.; providing additional

14         requirements to be a direct disposal

15         establishment; providing inspection

16         requirements and criteria; amending s. 470.024,

17         F.S.; revising requirements to be a funeral

18         establishment; amending s. 470.025, F.S.;

19         revising cremation requirements for cinerator

20         facilities relating to simultaneous cremations,

21         body parts, cremation containers, and the

22         cremation chamber; providing exemption from

23         liability for unintentional or incidental

24         commingling of remains under certain

25         conditions; amending s. 470.0255, F.S.;

26         providing for cremation of parts of human

27         bodies incidental to final disposition;

28         amending s. 470.028, F.S.; providing for

29         control and supervision of preneed agents;

30         amending s. 470.029, F.S.; extending the filing

31         time for reports of bodies embalmed or handled;

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         amending s. 470.0294, F.S.; expanding authority

 2         of legally authorized persons with respect to

 3         fetal remains; amending s. 470.031, F.S.;

 4         prohibiting any guarantee on the future price

 5         of any goods or services; providing penalties;

 6         amending s. 470.0355, F.S.; revising

 7         requirements for identification of human

 8         remains prior to final disposition; providing

 9         requirements for identification of human

10         remains in licensed and unlicensed cemeteries

11         and by direct disposal establishments;

12         reenacting s. 470.036, F.S., relating to

13         disciplinary proceedings, to incorporate the

14         amendment to s. 470.031, F.S., in a reference

15         thereto; amending s. 497.005, F.S.; revising

16         and providing definitions; amending s. 497.305,

17         F.S.; requiring that a cemetery company comply

18         with its adopted bylaws; creating s. 497.306,

19         F.S.; providing dimension and spacing standards

20         for grave spaces; requiring a map of reference

21         markers and a land survey for areas proposed to

22         be developed by a licensed cemetery company,

23         exempting adult grave spaces previously

24         established; creating s. 497.307, F.S.;

25         providing requirements for identification of

26         human remains in licensed cemeteries; amending

27         s. 497.325, F.S.; providing for procedures

28         established by other entities operating a

29         cemetery; amending s. 497.333, F.S.; providing

30         for disclosure of certain information to

31         customers; amending s. 497.361, F.S.; providing

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         for certification of monument establishments;

 2         providing for approval of contracts; creating

 3         s. 497.365, F.S.; providing for regulation of

 4         monument establishments by the Department of

 5         Financial Services; providing for inspections;

 6         providing for rules; providing that the

 7         department may not unreasonably restrict

 8         commerce; creating s. 497.371, F.S.; providing

 9         for specifications for business locations;

10         creating s. 497.379, F.S.; providing for

11         licensure of monument establishments to sell

12         preneed contracts; creating s. 497.385, F.S.;

13         providing for registration of monument sales

14         representatives; creating s. 497.391, F.S.;

15         providing for approval of preneed contracts by

16         the board; creating s. 497.395, F.S.; providing

17         financial requirements for monument

18         establishments; providing requirements for

19         minimum net worth; providing for submission of

20         financial statements; providing for minimum

21         sales volume with respect to preneed contracts;

22         providing for guarantee agreements; providing

23         for additional oversight in lieu of financial

24         requirements; amending s. 497.405, F.S.;

25         prohibiting any person from advertising for

26         sale or making any arrangement for a preneed

27         contract without having a valid certificate of

28         authority; expanding the exemption from the

29         required certificate of authority for certain

30         religious-institution-owned cemeteries to

31         include the sale and opening or closing of

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         cremation interment containers to members and

 2         family members of the religious institution;

 3         amending s. 497.419, F.S.; requiring preneed

 4         contracts to include in the refund notice the

 5         exclusion for amounts allocable to burial

 6         rights, merchandise, and services used by the

 7         purchaser; providing condition for breach of

 8         contract by certificateholder and for rights of

 9         purchaser; amending s. 497.436, F.S.;

10         authorizing the Board of Funeral and Cemetery

11         Services to review the trust funds, trust

12         agreements, and outstanding preneed contracts

13         of, and perform other procedures at its

14         discretion with respect to, a certificateholder

15         filing notice to become inactive; providing an

16         effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Effective January 1, 2004, paragraph (n) is

21  added to subsection (2) of section 20.121, Florida Statutes,

22  and subsection (4) is added to that section, to read:

23         20.121  Department of Financial Services.--There is

24  created a Department of Financial Services.

25         (2)  DIVISIONS.--The Department of Financial Services

26  shall consist of the following divisions:

27         (n)  Division of Funeral, Cemetery, and Consumer

28  Services.

29         (4)  BOARD OF FUNERAL, CEMETERY, AND CONSUMER

30  SERVICES.--There is created within the Department of Financial

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1  Services, the Board of Funeral, Cemetery, and Consumer

 2  Services.

 3         Section 2.  Effective January 1, 2004, paragraph (a) of

 4  subsection (4) of section 20.165, Florida Statutes, is amended

 5  to read:

 6         20.165  Department of Business and Professional

 7  Regulation.--There is created a Department of Business and

 8  Professional Regulation.

 9         (4)(a)  The following boards are established within the

10  Division of Professions:

11         1.  Board of Architecture and Interior Design, created

12  under part I of chapter 481.

13         2.  Florida Board of Auctioneers, created under part VI

14  of chapter 468.

15         3.  Barbers' Board, created under chapter 476.

16         4.  Florida Building Code Administrators and Inspectors

17  Board, created under part XII of chapter 468.

18         5.  Construction Industry Licensing Board, created

19  under part I of chapter 489.

20         6.  Board of Cosmetology, created under chapter 477.

21         7.  Electrical Contractors' Licensing Board, created

22  under part II of chapter 489.

23         8.  Board of Employee Leasing Companies, created under

24  part XI of chapter 468.

25         9.  Board of Funeral Directors and Embalmers, created

26  under chapter 470.

27         9.10.  Board of Landscape Architecture, created under

28  part II of chapter 481.

29         10.11.  Board of Pilot Commissioners, created under

30  chapter 310.

31  

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         11.12.  Board of Professional Engineers, created under

 2  chapter 471.

 3         12.13.  Board of Professional Geologists, created under

 4  chapter 492.

 5         13.14.  Board of Professional Surveyors and Mappers,

 6  created under chapter 472.

 7         14.15.  Board of Veterinary Medicine, created under

 8  chapter 474.

 9         Section 3.  Effective January 1, 2004, subsections (4)

10  and (16) of section 497.005, Florida Statutes, are amended,

11  and subsections (36) and (37) are added to that section, to

12  read:

13         497.005  Definitions.--As used in this chapter:

14         (4)  "Board" means the Board of Funeral, Cemetery, and

15  Consumer Services Funeral and Cemetery Services.

16         (16)  "Department" means the Department of Financial

17  Services Banking and Finance.

18         (36)  "Director" means the director of the Division of

19  Funeral, Cemetery, and Consumer Services.

20         (37)  "Division" means the Division of Funeral,

21  Cemetery, and Consumer Services within the Department of

22  Financial Services.

23         Section 4.  Effective January 1, 2004, subsections (1)

24  and (2) of section 470.002, Florida Statutes, are amended to

25  read:

26         470.002  Definitions.--As used in this chapter:

27         (1)  "Department" means the Department of Financial

28  Services Business and Professional Regulation.

29         (2)  "Board" means the Board of Funeral, Cemetery, and

30  Consumer Services Funeral Directors and Embalmers.

31  

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         Section 5.  Effective January 1, 2004, section 470.003,

 2  Florida Statutes, is repealed.

 3         Section 6.  Effective January 1, 2004, section 497.101,

 4  Florida Statutes, is amended to read:

 5         (Substantial rewording of section. See

 6         s. 497.101, F.S., for present text.)

 7         497.101  Board of Funeral, Cemetery, and Consumer

 8  Services; membership; appointment; terms.--

 9         (1)  The Board of Funeral, Cemetery, and Consumer

10  Services is created within the Department of Financial

11  Services and shall consist of 10 members, nine of whom shall

12  be appointed by the Governor from nominations made by the

13  Chief Financial Officer and confirmed by the Senate.  The

14  Chief Financial Officer shall nominate three persons for each

15  of the nine vacancies on the board, and the Governor shall

16  fill each vacancy on the board by appointing one of the three

17  persons nominated by the Chief Financial Officer to fill that

18  vacancy.  If the Governor objects to each of the three

19  nominations for a vacancy, she or he shall inform the Chief

20  Financial Officer in writing.  Upon notification of an

21  objection by the Governor, the Chief Financial Officer shall

22  submit three additional nominations for that vacancy until the

23  vacancy is filled.  One member must be the State Health

24  Officer or his or her designee.

25         (2)  Two members of the board must be funeral directors

26  licensed under chapter 470 who are associated with a funeral

27  establishment.  One member of the board must be a funeral

28  director licensed under chapter 470 who is associated with a

29  funeral establishment licensed pursuant to chapter 470 which

30  has a valid certificate of authority issued pursuant to this

31  chapter and who owns or operates a cinerator facility approved

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1  pursuant to chapters 403 and 470. Two members of the board

 2  must be persons whose primary occupation is associated with a

 3  cemetery company licensed pursuant to this chapter. Three

 4  members of the board must be consumers who are residents of

 5  the state who have never been licensed as funeral directors or

 6  embalmers and not connected with a cemetery or cemetery

 7  company licensed pursuant to this chapter, the death care

 8  industry, the practice of embalming, funeral directing, or

 9  direct disposition. One of the consumer members must be at

10  least 60 years of age or older and one must be licensed as a

11  certified public accountant pursuant to this chapter 473. One

12  member of the board shall be a monument dealer with a

13  certificate of authority issued pursuant to this chapter.  One

14  member shall be the State Health Officer or his or her

15  designee.

16         (3)  Board members shall be appointed for terms of 4

17  years and the State Health Officer shall serve as long as that

18  person holds that office.  The designee of the State Health

19  Officer shall serve at the pleasure of the Governor.  When the

20  terms of the initial board members expire, the Chief Financial

21  Officer shall stagger the terms of the successor members as

22  follows: one funeral director, one cemetery representative,

23  the monument dealer, and one consumer member shall be

24  appointed for terms of 2 years, and the remaining members

25  shall be appointed for terms of 4 years.  All subsequent terms

26  shall be for 4 years.

27         (4)  The Governor, with the concurrence of the Chief

28  Financial Officer, may suspend or remove any board member for

29  malfeasance or misfeasance, neglect of duty, incompetence,

30  substantial inability to perform official duties, commission

31  of a crime, or for other substantial cause as determined by

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1  the Governor and the Chief Financial Officer to evidence a

 2  lack of fitness to sit on the board.  A board member shall be

 3  deemed to have resigned his or her board membership, and that

 4  position shall be deemed vacant, upon the failure of the

 5  member to attend three consecutive meetings of the board or at

 6  least half of the meetings of the board during any 12-month

 7  period, unless the Chief Financial Officer determines that

 8  there was good and adequate justification for the absences and

 9  that such absences are not likely to continue.

10         (5)  A current or former board member and a person

11  serving on the board's probable cause panels are exempt from

12  any civil liability for any act or omission when acting in

13  good faith in his or her official capacity, and the Department

14  of Legal Affairs and the Division of Risk Management shall

15  defend such board member in any civil action against such

16  person arising from any such act or omission.

17         (6)  The headquarters and records of the board shall be

18  in the Division of Funeral, Cemetery, and Consumer Services of

19  the Department of Financial Services in Tallahassee.  The

20  Chief Financial Officer shall annually appoint from among the

21  board members a chairperson and vice chairperson of the board.

22  The board shall meet at least every 6 months, and more often

23  as it deems necessary.  Special meetings of the board shall be

24  convened upon the direction of the Chief Financial Officer.  A

25  quorum is necessary for the conduct of business by the board,

26  unless otherwise provided by law, six board members other than

27  the board's executive director shall constitute a quorum for

28  the conduct of the board's business.

29         (7)  A board member shall be compensated $50 for each

30  day the member attends an official meeting and each day the

31  member participates at the request of the board's executive

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1  director in any other business involving the board. To the

 2  extent authorized by the s. 112.061, a board member is

 3  entitled to reimbursement for expenses incurred in connection

 4  with official duties. Out-of-state travel by board members on

 5  official business shall in each specific instance require the

 6  advance approval of the board's executive director in order

 7  for the travel to be eligible for reimbursement of expenses.

 8         Section 7.  Effective January 1, 2004, section 497.102,

 9  Florida Statutes, is created to read:

10         497.102  Authority of the board.--

11         (1)  The board shall enforce and administer the

12  provisions of chapter 470 and this chapter. Notwithstanding s.

13  455.017, the board shall administer those powers, duties, and

14  functions in chapter 455 which are necessary to enforce the

15  provisions of chapter 470.

16         (2)  For purposes of enforcement of chapter 455

17  regarding chapter 470, on and after January 1, 2004,

18  references in chapter 455 to the Department of Business and

19  Professional Regulation or the secretary of that department,

20  shall be read as referring to the Department of Financial

21  Services or the Chief Financial Officer, as the context may

22  indicate to be appropriate.

23         (3)  The Department of Financial Services shall not

24  adopt any rule or publish any notice of proposed rule

25  development as provided in ss. 120.536-120.551 which affects

26  the provisions of chapter 455, chapter 470 or this chapter

27  without first presenting the rule or rules proposed for

28  development to the board for its review and recommendation, if

29  any.  This subsection shall not apply to emergency rulemaking

30  under s. 120.54(4).

31  

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         Section 8.  Effective January 1, 2004, section

 2  497.1021, Florida Statutes, is created to read:

 3         497.1021  Division of Funeral, Cemetery, and Consumer

 4  Services.--

 5         (1)  There is created within the Department of

 6  Financial Services the Division of Funeral, Cemetery, and

 7  Consumer Services.  The division shall enforce the provisions

 8  of chapter 470 and this chapter and perform such other acts as

 9  may be necessary to carry out the provisions thereof.

10         (2)  The division shall provide all services concerning

11  chapter 470 and this chapter, including, but not limited to,

12  recordkeeping services, examination services, legal services,

13  and investigative services. Those services in chapter 455

14  necessary to perform the duties of chapter 470 shall be

15  provided by the division.

16         (3)  Funds received as a result of settlements with

17  regulated entities and persons may be used by the division for

18  contracting for the training of auditors and the conduct of

19  examinations in order to enhance oversight and enforcement of

20  laws and regulations governing the activities of licensees.

21         Section 9.  Effective January 1, 2004, section

22  497.1022, Florida Statutes, is created to read:

23         497.1022  Director of the Division of Funeral,

24  Cemetery, and Consumer Services.--

25         (1)  The office of the Director of the Division of

26  Funeral, Cemetery, and Consumer Services is created.  The

27  director is the agency head of the division.  The director

28  shall be appointed by the Chief Financial Officer and shall

29  serve at the pleasure of the Chief Financial Officer.

30         (2)  The director shall be responsible for the

31  preparation of the board agenda, presentation of division

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1  staff recommendations, and reports of the activities of the

 2  division to the board and shall serve as the executive

 3  director of the board and perform such other duties as may be

 4  assigned by the Chief Financial Officer.

 5         Section 10.  Effective January 1, 2004, all duties

 6  performed by the Secretary of the Department of Business and

 7  Professional Regulation under chapter 470, Florida Statutes,

 8  and all duties performed by the Comptroller under chapter 497,

 9  Florida Statutes, shall be performed by the Chief Financial

10  Officer under the provisions of this act.  The duties may be

11  delegated by the Chief Financial Officer to the Director of

12  the Division of the Funeral, Cemetery, and Consumer Services.

13         Section 11.  (1)  All of the statutory powers, duties

14  and functions, records, personnel, property, and unexpended

15  balances of appropriations, allocations, or other funds for

16  the administration of chapter 470, Florida Statutes, related

17  to the Board of Funeral Directors and Embalmers shall be

18  transferred by a type two transfer, as defined in section

19  20.06(2), Florida Statutes, from the Department of Business

20  and Professional Regulation to the Board of Funeral, Cemetery,

21  and Consumer Services within the Department of Financial

22  Services.  The transfer shall include not less than the 25

23  full-time equivalent staff positions, and all property issued

24  and assigned directly to such positions, as follows: one

25  management position of pay grade 930 or higher; one

26  administrative assistant II position or equivalent; eight

27  full-time equivalent staff positions regarding license

28  application, license examinations, and license renewal; seven

29  regulatory field inspector positions; five regulatory field

30  investigator positions; and three telephone call center staff

31  positions.

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         (2)  The transfer of regulatory authority over chapter

 2  470, Florida Statutes, provided by this act shall not affect

 3  the validity of any judicial or administrative action

 4  involving the Board of Funeral Directors and Embalmers or the

 5  Department of Business and Professional Regulation pending on

 6  December 31, 2003, and the Department of Financial Services or

 7  the Board of Funeral, Cemetery, and Consumer Services shall be

 8  substituted as a party in interest in any such action.

 9         (3)  Notwithstanding the transfer of regulatory

10  authority over chapter 470, Florida Statutes, provided by this

11  act, all licenses and registrations issued pursuant to chapter

12  470, Florida Statutes, that are valid on December 31, 2003,

13  shall remain in effect subject to the provisions of chapters

14  470 and 455, Florida Statutes.

15         (4)  The rules of the Board of Funeral Directors and

16  Embalmers and the Department of Business and Professional

17  Regulation which were in effect on midnight, December 31,

18  2003, shall become the rules of the Department of Financial

19  Services as is appropriate to the corresponding regulatory

20  function and shall remain in effect until specifically amended

21  or repealed in the manner provided by law.

22         (5)  All of the statutory powers, duties and functions,

23  records, personnel, property, and unexpended balances of

24  appropriations, allocations, or other funds for the

25  administration of chapter 497, Florida Statutes, related to

26  the Board of Funeral and Cemetery Services shall be

27  transferred by a type two transfer, as defined in section

28  20.06(2), Florida Statutes, from the Department of Banking and

29  Finance to the Board of Funeral, Cemetery, and Consumer

30  Services within the Department of Financial Services.

31  

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         (6)  The transfer of regulatory authority over chapter

 2  497, Florida Statutes, provided by this act shall not affect

 3  the validity of any judicial or administrative action

 4  involving the Board of Funeral and Cemetery Services or the

 5  Department of Banking and Finance pending on December 31,

 6  2003, and the Department of Financial Services or the Board of

 7  Funeral, Cemetery, and Consumer Services shall be substituted

 8  as a party in interest in any such action.

 9         (7)  Notwithstanding the transfer of regulatory

10  authority over chapter 497, Florida Statutes, provided by this

11  act, all licenses and registrations issued pursuant to chapter

12  497, Florida Statutes, which are valid on December 31, 2003,

13  shall remain in effect subject to the provisions of chapter

14  497, Florida Statutes.

15         (8)  The rules of the Board of Funeral and Cemetery

16  Services or the Department of Banking and Finance which were

17  in effect on midnight, December 31, 2003, shall become the

18  rules of the Department of Financial Services and shall remain

19  in effect until specifically amended or repealed in the manner

20  provided by law.

21         (9)  This section shall take effect on January 1, 2004.

22         Section 12.  Effective midnight December 31, 2003, the

23  Board of Funeral and Cemetery Services and the Board of

24  Funeral Directors and Embalmers are abolished.

25         Section 13.  Effective January 1, 2004, all fees

26  collected pursuant to the provisions of chapters 470 and 497,

27  Florida Statutes, shall be deposited in the Regulatory Trust

28  Fund in the Department of Financial Services.

29         Section 14.  The Legislature recognizes that there is a

30  need to conform the Florida Statutes to the policy decisions

31  reflected in the provisions of this act.  The Division of

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1  Statutory Revision is directed to provide the relevant

 2  substantive committees of the Senate and the House of

 3  Representatives with assistance, upon request, to enable such

 4  committees to prepare draft legislation to conform the Florida

 5  Statutes to the provisions of this act.

 6         Section 15.  Section 470.002, Florida Statutes, is

 7  amended to read:

 8         470.002  Definitions.--As used in this chapter:

 9         (1)(15)  "Alternative container" means a nonmetal

10  receptacle or enclosure which is less expensive than a casket

11  and of sufficient strength to be used to hold and transport a

12  dead human body.

13         (2)(22)  "At-need solicitation" means any uninvited

14  contact by a funeral director or direct disposer for the

15  purpose of the sale of funeral services or merchandise to the

16  family or next of kin of a person after that person has died.

17         (3)(2)  "Board" means the Board of Funeral Directors

18  and Embalmers.

19         (4)  "Body parts" means:

20         (a)  Limbs or other portions of the anatomy that are

21  removed from a person or human remains for medical purposes

22  during treatment, surgery, biopsy, autopsy, or medical

23  research; or

24         (b)  Human bodies or any portions of human bodies which

25  have been donated to science for medical research purposes.

26         (5)(16)  "Casket" means a rigid container which is

27  designed for the encasement of human remains for burial, and

28  which is usually constructed of wood or metal, ornamented, and

29  lined with fabric, and which may or may not be combustible.

30  

31  

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         (6)(27)  "Centralized embalming facility" means a

 2  facility, not physically connected with a funeral

 3  establishment, in which embalming takes place.

 4         (7)(14)  "Cinerator" means a facility where dead human

 5  bodies are reduced to a residue, including bone fragments, by

 6  direct flame, also known as "cremation," or by intense heat,

 7  also known as "calcination."

 8         (8)  "Closed container" means any container in which

 9  cremated remains can be placed and closed in a manner so as to

10  prevent leakage or spillage of the remains.

11         (9)  "Cremated remains" means all the remains of the

12  human body recovered after the completion of the cremation

13  process, including processing or pulverization which leaves

14  only bone fragments reduced to unidentifiable dimensions and

15  may include the residue of any foreign matter, including

16  casket material, bridgework, or eyeglasses that were cremated

17  with the human remains.

18         (10)(24)  "Cremation" means the technical process,

19  using direct flame and heat or chemical means, that reduces

20  human remains to bone fragments through heat and evaporation.

21  Cremation includes the processing and usually includes the

22  pulverization of the bone fragments includes any mechanical or

23  thermal process whereby a dead human body is reduced to ashes

24  and bone fragments. Cremation also includes any other

25  mechanical or thermal process whereby human remains are

26  pulverized, burned, recremated, or otherwise further reduced

27  in size or quantity.

28         (11)  "Cremation chamber" means the enclosed space

29  within which the cremation process takes place. Cremation

30  chambers covered by these procedures must be used exclusively

31  for the cremation of human remains.

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         (12)  "Cremation container" means the container in

 2  which the human remains are transported to and placed in the

 3  cremation chamber for a cremation. A cremation container

 4  should meet substantially all of the following standards:

 5         (a)  Be composed of readily combustible materials

 6  suitable for cremation.

 7         (b)  Be able to be closed in order to provide a

 8  complete covering for the human remains.

 9         (c)  Be resistant to leakage or spillage.

10         (d)  Be rigid enough to be handled with ease.

11         (e)  Be able to provide protection for the health,

12  safety, and personal integrity of crematory personnel.

13         (13)  "Cremation interment container" means a rigid

14  outer container that, subject to a cemetery's rules and

15  regulations, is composed of concrete, steel, fiberglass, or

16  some similar material in which an urn is placed prior to being

17  interred in the ground and that is designed to support the

18  earth above the urn.

19         (14)(1)  "Department" means the Department of Business

20  and Professional Regulation.

21         (15)(8)  "Direct disposal establishment" means a

22  facility registered under this chapter where a direct disposer

23  practices direct disposition.

24         (16)(9)  "Direct disposer" means any person registered

25  under this chapter to practice direct disposition in this

26  state.

27         (17)(28)  "Disinterment" means removal of a dead human

28  body from earth interment or aboveground interment.

29         (18)(5)  "Embalmer" means any person licensed under

30  this chapter to practice embalming in this state.

31  

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         (19)(11)  "Final disposition" means the final disposal

 2  of a dead human body by earth interment, aboveground

 3  interment, cremation, burial at sea, or delivery to a medical

 4  institution for lawful dissection if the medical institution

 5  assumes responsibility for disposal. "Final disposition" does

 6  not include the disposal or distribution of ashes and residue

 7  of cremated human remains.

 8         (20)(13)  "Funeral" or "funeral service" means the

 9  observances, services, or ceremonies held to commemorate the

10  life of a specific deceased human being, and at which the

11  human remains are present.

12         (21)(3)  "Funeral director" means any person licensed

13  under this chapter to practice funeral directing in this

14  state.

15         (22)(7)  "Funeral establishment" means a facility

16  licensed under this chapter where a funeral director or

17  embalmer practices funeral directing or embalming.

18         (23)(12)  "Funeral merchandise" or "merchandise" means

19  any merchandise commonly sold in connection with the funeral,

20  final disposition, or memorialization of human remains,

21  including, but not limited to, caskets, outer burial

22  containers, alternative containers, cremation containers,

23  cremation interment containers, urns, monuments, private

24  mausoleums, flowers, shrubs, benches, vases, acknowledgment

25  cards, register books, memory folders, prayer cards, and

26  clothing.

27         (24)(23)  "Human remains" or "remains," "dead human

28  body" or "dead human bodies," means the body of a deceased

29  human person for which a death certificate or fetal death

30  certificate is required under chapter 382 and includes the

31  

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1  body in any stage of decomposition and the residue of cremated

 2  human bodies.

 3         (25)(18)  "Legally authorized person" means, in the

 4  priority listed, the decedent, when written inter vivos

 5  authorizations and directions are provided by the decedent,

 6  the surviving spouse, unless the spouse has been arrested for

 7  committing against the deceased an act of domestic violence as

 8  defined in s. 741.28 that resulted in or contributed to the

 9  death of the deceased, a son or daughter who is 18 years of

10  age or older, a parent, a brother or sister 18 years of age or

11  over, a grandchild who is 18 years of age or older, or a

12  grandparent; or any person in the next degree of kinship. In

13  addition, the term may include, if no family exists or is

14  available, the following: the guardian of the dead person at

15  the time of death; the personal representative of the

16  deceased; the attorney in fact of the dead person at the time

17  of death; the health surrogate of the dead person at the time

18  of death; a public health officer; the medical examiner,

19  county commission or administrator acting under chapter 245,

20  or other public administrator; a representative of a nursing

21  home or other health care institution in charge of final

22  disposition; or a friend or other person not listed in this

23  subsection who is willing to assume the responsibility as

24  authorized person. Where there is a person in any priority

25  class listed in this subsection, the funeral establishment

26  shall rely upon the authorization of any one legally

27  authorized person of that class if that individual represents

28  that he or she is not aware of any objection to the cremation

29  of the deceased's human remains by others in the same class of

30  the person making the representation or of any person in a

31  higher priority class.

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         (26)  "Niche" means a compartment or cubicle for the

 2  memorialization or permanent placement of a container or urn

 3  containing cremated remains.

 4         (27)(19)  "Outer burial container" means an enclosure

 5  into which a casket is placed, including, but not limited to,

 6  a vault made of concrete, steel, fiberglass, or copper, a

 7  sectional concrete enclosure, a crypt, or a wooden enclosure.

 8         (28)(20)  "Personal residence" means any residential

 9  building in which one temporarily or permanently maintains his

10  or her abode, including, but not limited to, an apartment or a

11  hotel, motel, nursing home, convalescent home, home for the

12  aged, or a public or private institution.

13         (29)(10)  "Practice of direct disposition" means the

14  cremation of human remains without preparation of the human

15  remains by embalming and without any attendant services or

16  rites such as funeral or graveside services or the making of

17  arrangements for such final disposition.

18         (30)(6)  "Practice of embalming" means disinfecting or

19  preserving or attempting to disinfect or preserve dead human

20  bodies by replacing certain body fluids with preserving and

21  disinfecting chemicals.

22         (31)(4)  "Practice of funeral directing" means the

23  performance by a licensed funeral director of any of those

24  functions authorized by s. 470.0087.

25         (32)(21)  "Preneed sales agent" means any person who is

26  registered under chapter 497 to sell preneed burial or funeral

27  service and merchandise contracts or direct disposition

28  contracts in this state.

29         (33)  "Processing" means the reduction of identifiable

30  bone fragments after the completion of the cremation process

31  to unidentifiable bone fragments by manual means.

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         (34)  "Pulverization" means the reduction of

 2  identifiable bone fragments after the completion of the

 3  cremation and processing to granulated particles by manual or

 4  mechanical means.

 5         (35)(25)  "Refrigeration facility" means a facility

 6  that is not physically connected with a funeral establishment,

 7  crematory or direct disposal establishment, that maintains

 8  space and equipment for the storage and refrigeration of dead

 9  human bodies, and that offers its service to funeral directors

10  and funeral establishments for a fee.

11         (36)(26)  "Removal service" means any service that

12  operates independently of a funeral establishment, that

13  handles the initial removal of dead human bodies, and that

14  offers its service to funeral establishments and direct

15  disposal establishments for a fee.

16         (37)(17)  "Solicitation" means any communication which

17  directly or implicitly requests an immediate oral response

18  from the recipient.

19         (38)  "Temporary container" means a receptacle for

20  cremated remains usually made of cardboard, plastic, or

21  similar material designated to hold the cremated remains until

22  an urn or other permanent container is acquired.

23         (39)  "Urn" means a receptacle designed to permanently

24  encase cremated remains.

25         Section 16.  Section 470.0085, Florida Statutes, is

26  amended to read:

27         470.0085  Establishment of embalmer apprentice

28  program.--The board may adopt rules establishing an embalmer

29  apprentice program. An embalmer apprentice may perform only

30  those tasks, functions, and duties relating to embalming which

31  are performed under the direct supervision of a licensed

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1  embalmer. An embalmer apprentice shall be eligible to serve in

 2  an apprentice capacity for a period not to exceed 3 years 1

 3  year as may be determined by board rule or for a period not to

 4  exceed 5 3 years if the apprentice is enrolled in and

 5  attending a course in mortuary science or funeral service

 6  education at any mortuary college or funeral service education

 7  college or school. An embalmer apprentice shall be registered

 8  with the board upon payment of a registration fee not to

 9  exceed $50.

10         Section 17.  Subsection (2) of section 470.018, Florida

11  Statutes, is amended to read:

12         470.018  Renewal of registration of direct disposer.--

13         (1)  The department shall renew a registration upon

14  receipt of the renewal application and fee set by the

15  department not to exceed $250.

16         (2)  The department shall adopt rules establishing a

17  procedure for the biennial renewal of registrations. The board

18  shall prescribe by rule continuing education requirements of

19  up to 6 3 classroom hours and may by rule establish criteria

20  for accepting alternative nonclassroom continuing education on

21  an hour-for-hour basis, in addition to a board-approved course

22  on communicable diseases that includes the course on human

23  immunodeficiency virus and acquired immune deficiency syndrome

24  required by s. 455.2226, for the renewal of a registration.

25         Section 18.  Subsections (2) and (5) of section

26  470.021, Florida Statutes, are amended to read:

27         470.021  Direct disposal establishment; standards and

28  location; registration.--

29         (2)  The practice of direct disposition must be engaged

30  in at a fixed location of at least 625 interior contiguous

31  square feet and must maintain or make arrangements for

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1  suitable capacity for the refrigeration and storage of dead

 2  human bodies handled and stored by the establishment. No

 3  person may open or maintain an establishment at which to

 4  engage in or hold himself or herself out as engaging in the

 5  practice of direct disposition unless such establishment is

 6  registered with the board. Any change in location of such

 7  establishment shall be reported promptly to the board as

 8  prescribed by rule of the board.

 9         (5)(a)  Each direct disposal establishment shall at all

10  times be subject to the inspection of all its buildings,

11  grounds, and vehicles used in the conduct of its business, by

12  the department, the Department of Health, and local government

13  inspectors and by their agents. The board shall adopt rules

14  which establish such inspection requirements.

15         (b)  The board shall set by rule an annual inspection

16  fee not to exceed $100, payable upon application for

17  registration and upon each renewal of such registration.

18         (c)  Each cinerator facility shall be inspected prior

19  to the issuance and renewal of its license and shall:

20         1.  Maintain one or more retorts for the reduction of

21  dead human bodies.

22         2.  Maintain refrigeration which satisfies the

23  standards set by the Department of Health and which contains a

24  sufficient number of shelves for the average daily number of

25  bodies stored, if unembalmed bodies are kept at the site.

26         3.  Maintain sufficient pollution control equipment to

27  comply with requirements of the Department of Environmental

28  Protection in order to secure annual approved certification.

29         4.  Either have on site or immediately available

30  sufficient sealed containers of a type required for the

31  

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1  transportation of bodies as specified in Rule 10D-37.012,

 2  F.A.C.

 3         5.  Maintain the premises in a clean and sanitary

 4  condition.

 5         6.  Have appropriate Department of Environmental

 6  Protection permits.

 7         7.  Retain all signed contracts for a period of at

 8  least 2 years.

 9         Section 19.  Subsection (1) of section 470.024, Florida

10  Statutes, is amended to read:

11         470.024  Funeral establishment; licensure.--

12         (1)  A funeral establishment shall be a place at a

13  specific street address or location consisting of at least

14  1,250 contiguous interior square feet and must maintain or

15  make arrangements for either suitable capacity for the

16  refrigeration and storage of dead human bodies handled and

17  stored by the establishment and or a preparation room equipped

18  with necessary ventilation and drainage and containing

19  necessary instruments for embalming dead human bodies or must

20  make arrangements for a preparation room as established by

21  board rule.

22         Section 20.  Subsections (6), (13), (14), and (15) of

23  section 470.025, Florida Statutes, are amended, and subsection

24  (16) is added to that section, to read:

25         470.025  Cinerator facility; licensure.--

26         (6)  No more than one dead human body may be placed in

27  a retort at one time, unless written permission has been

28  received from a legally authorized person for each body. The

29  operator of a cinerator facility shall be entitled to rely on

30  the permission of a legally authorized person to cremate more

31  than one human body.

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         (13)  A cinerator facility shall not place human

 2  remains or body parts in a retort or cremation chamber unless

 3  the human remains are in an alternative container, cremation

 4  container, or casket. Human remains may be transported in a

 5  cremation container or stored if they are completely covered,

 6  and at all times treated with dignity and respect. Cremation

 7  may include the processing and pulverization of bone

 8  fragments. Cremated remains may be placed in a temporary

 9  container following cremation. None of the provisions

10  contained in this subsection require the purchase of a casket

11  for cremation. This subsection applies to at-need contracts

12  and preneed contracts entered into pursuant to chapter 497

13  after June 1, 1996.

14         (14)  Each cinerator facility shall ensure that all

15  alternative containers, cremation containers, or caskets used

16  for cremation contain no amount of chlorinated plastics not

17  authorized by the Department of Environmental Protection, that

18  they also are composed of readily combustible materials

19  suitable for cremation, able to be closed to provide a

20  complete covering for the human remains, resistant to leakage

21  or spillage, rigid enough for handling with ease, and able to

22  provide for the health, safety, and personal integrity of the

23  public and crematory personnel.

24         (15)  The board shall adopt, by rule, criteria for

25  acceptable cremation and alternative containers.

26         (16)  The operator of a cinerator facility shall

27  establish written procedures for the removal of remains and

28  bone fragments, to the extent possible, resulting from the

29  cremation of a human body and the postcremation processing,

30  shipping, packing, or identifying of those remains. If an

31  operator follows these procedures, the operator is not liable

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1  for the unintentional or incidental commingling of human

 2  remains and bone fragments resulting from more than one

 3  cremation cycle or from postcremation processing, shipping,

 4  packing, or identifying of those remains. A copy of the

 5  procedures shall be available, upon request, to the department

 6  and legally authorized persons.

 7         Section 21.  Section 470.0255, Florida Statutes, is

 8  amended to read:

 9         470.0255  Cremation; procedure required.--

10         (1)  At the time of the arrangement for a cremation

11  performed by any person licensed pursuant to this chapter, the

12  person contracting for cremation services shall be required to

13  designate his or her intentions with respect to the

14  disposition of the cremated remains of the deceased in a

15  signed declaration of intent which shall be provided by and

16  retained by the funeral or direct disposal establishment. A

17  cremation may not be performed until a legally authorized

18  person gives written authorization for such cremation. The

19  cremation must be performed within 48 hours after a specified

20  time which has been agreed to in writing by the person

21  authorizing the cremation.

22         (2)  With respect to any person who intends to provide

23  for the cremation of the deceased, if, after a period of 120

24  days from the time of cremation the cremated remains have not

25  been claimed, the funeral or direct disposal establishment may

26  dispose of the cremated remains. Such disposal shall include

27  scattering them at sea or placing them in a licensed cemetery

28  scatter garden or pond or in a church columbarium or otherwise

29  disposing of the remains as provided by rule of the department

30  or board.

31  

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         (3)  Pursuant to the request of a legally authorized

 2  person and incidental to final disposition, cremation may be

 3  performed on parts of human remains. This subsection does not

 4  authorize the cremation of body parts as defined in s.

 5  470.002.

 6         Section 22.  Section 470.028, Florida Statutes, is

 7  amended to read:

 8         470.028  Preneed sales; registration of agents; control

 9  and supervision of agents.--

10         (1)  All sales of preneed funeral service contracts or

11  direct disposition contracts shall be made pursuant to chapter

12  497.

13         (2)  No person may act as an agent for a funeral

14  establishment or direct disposal establishment with respect to

15  the sale of preneed contracts unless such person is registered

16  pursuant to chapter 497.

17         (3)  Each licensee or registrant shall be subject to

18  discipline if his or her agent violates any provision of this

19  chapter applicable to such licensee or registrant as

20  established by board rule.

21         (4)(a)  The funeral director in charge of a funeral

22  establishment shall be responsible for the control and

23  activities of the establishment's preneed agents.

24         (b)  The direct disposer in charge or a funeral

25  director acting as a direct disposer in charge of a direct

26  disposal establishment shall be responsible for the control

27  and activities of the establishment's preneed agents.

28         Section 23.  Subsection (1) of section 470.029, Florida

29  Statutes, is amended to read:

30         470.029  Reports of cases embalmed and bodies

31  handled.--

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         (1)  Each funeral establishment, direct disposal

 2  establishment, cinerator facility, and centralized embalming

 3  facility shall report on a form prescribed and furnished by

 4  the department the name of the deceased and such other

 5  information as may be required with respect to each dead human

 6  body embalmed or otherwise handled by the establishment or

 7  facility. Such forms shall be signed by the embalmer who

 8  performs the embalming, if the body is embalmed, and the

 9  funeral director in charge of the establishment or facility or

10  by the direct disposer who disposes of the body. The board

11  shall prescribe by rule the procedures in submitting such

12  documentation. Reports required by this subsection shall be

13  filed by the 20th 10th day of each month for final

14  dispositions handled the preceding month.

15         Section 24.  Subsection (1) of section 470.0294,

16  Florida Statutes, is amended to read:

17         470.0294  Additional rights of legally authorized

18  persons.--

19         (1)  In addition to any other common law or statutory

20  rights a legally authorized person may otherwise have, that

21  person may authorize a funeral director or direct disposer

22  licensed under this chapter to lawfully dispose of fetal

23  remains in circumstances when a fetal death certificate is not

24  issued under chapter 382, including for fetal death of less

25  than 20 weeks' gestation. A person licensed under chapter 470

26  is not liable for damages as a result of following the

27  instructions of the legally authorized person in connection

28  with the final disposition of fetal remains in circumstances

29  in which a fetal death certificate is not issued under chapter

30  382 or in connection with the final disposition of a dead

31  human body.

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         Section 25.  Section 470.031, Florida Statutes, is

 2  amended to read:

 3         470.031  Prohibitions; penalties.--

 4         (1)  No person may:

 5         (a)  Practice funeral directing, embalming, or direct

 6  disposition unless the person holds an active license or

 7  registration under this chapter.

 8         (b)  Use the name or title "funeral director,"

 9  "embalmer," or "direct disposer" when the person has not been

10  licensed or registered pursuant to this chapter.

11         (c)  Represent as his or her own the license or

12  registration of another.

13         (d)  Give false or forged evidence to the board, a

14  member thereof, or the department for the purpose of obtaining

15  a license or registration.

16         (e)  Use or attempt to use a license or registration

17  which has been suspended or revoked.

18         (f)  Knowingly employ unlicensed persons in the

19  practice of funeral directing, embalming, or direct disposing.

20         (g)  Knowingly conceal information relative to

21  violations of this chapter.

22         (h)  Operate an unlicensed cinerator facility.

23         (i)  Except as provided for in chapter 497, guarantee

24  the price of goods and services at a future date.

25         (2)  Any person who violates the provisions of this

26  section commits a misdemeanor of the second degree, punishable

27  as provided in s. 775.082 or s. 775.083.

28         Section 26.  Section 470.0355, Florida Statutes, is

29  amended to read:

30         470.0355  Identification of human remains.--

31         (1)  PRIOR TO FINAL DISPOSITION.--

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         (a)(1)  The licensee or registrant in charge of the

 2  final disposition of dead human remains shall, prior to final

 3  disposition of such dead human remains, affix on the ankle or

 4  wrist of the deceased, and or in the casket or alternative

 5  container or cremation container, proper identification of the

 6  dead human remains. The identification or tag shall be encased

 7  in or consist of durable and long-lasting material containing

 8  the name, date of birth, and date of death, and social

 9  security number of the deceased, if available. If the dead

10  human remains are cremated, proper identification shall be

11  placed in the container or urn containing the remains.

12         (b)(2)  Any licensee or registrant responsible for

13  removal of dead human remains to any establishment, facility,

14  or location shall ensure that the remains are identified by a

15  tag or other means of identification that is affixed to the

16  ankle or wrist of the deceased at the time the remains are

17  removed from the place of death or other location.

18         (c)(3)  Any licensee or registrant may rely on the

19  representation of a legally authorized person to establish the

20  identity of dead human remains.

21         (2)  IN UNLICENSED CEMETERIES.--Effective October 1,

22  2003, the identification of human remains interred in an

23  unlicensed cemetery shall be the responsibility of the

24  licensed funeral establishment in charge of the funeral

25  arrangements for the deceased person. The licensed funeral

26  establishment in charge of the funeral arrangements for the

27  interment in an unlicensed cemetery of human remains shall

28  place on the outer burial container, cremation internment

29  container, or other container or on the inside of a crypt or

30  niche a tag or permanent identifying mark containing the name

31  of the decedent and the date of death, if available. The

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1  materials and locations of the tag or mark shall be more

 2  specifically described by the rule of the board.

 3         (3)  IN LICENSED CEMETERIES.--Effective October 1,

 4  2003, human remains at licensed cemeteries shall be identified

 5  as follows:

 6         (a)  Each licensed cemetery shall place on the outer

 7  burial container, cremation interment container, or other

 8  container or on the inside of a crypt or niche a tag or

 9  permanent identifying marker containing the name of the

10  decedent and the date of death, if available. The materials

11  and the location of the tag or marker shall be more

12  specifically described by rule of the board.

13         (b)  Each licensed cemetery may rely entirely on the

14  identity stated on the burial transit permit or on the

15  identification supplied by a person licensed under chapter 470

16  to establish the identity of the dead human remains delivered

17  by such person for burial and shall not be liable for any

18  differences between the identity shown on the burial transit

19  permit or identification and the actual identity of the dead

20  human remains delivered by such person and buried in the

21  cemetery.

22         (4)  DIRECT DISPOSAL ESTABLISHMENTS.--Direct disposal

23  establishments shall establish a system of identification of

24  human remains received which shall be designed to track the

25  identity of the remains from the time of receipt until

26  delivery of the remains to the authorized persons. This is in

27  addition to the requirements for identification of human

28  remains set forth in subsection (1). A copy of the

29  identification procedures shall be available, upon request, to

30  the department and legally authorized persons. 

31  

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         Section 27.  For the purpose of incorporating the

 2  amendment to section 470.031, Florida Statutes, in a reference

 3  thereto, paragraph (a) of subsection (1) of section 470.036,

 4  Florida Statutes, is reenacted to read:

 5         470.036  Disciplinary proceedings.--

 6         (1)  The following acts constitute grounds for which

 7  the disciplinary actions in subsection (2) may be taken:

 8         (a)  Violation of any provision of s. 455.227(1) or s.

 9  470.031.

10         Section 28.  Section 497.005, Florida Statutes, is

11  amended to read:

12         497.005  Definitions.--As used in this chapter:

13         (1)  "At-need solicitation" means any uninvited contact

14  by a licensee or her or his agent for the purpose of the sale

15  of burial services or merchandise to the family or next of kin

16  of a person after her or his death has occurred.

17         (2)  "Bank of belowground crypts" means any

18  construction unit of belowground crypts which is acceptable to

19  the department and which a cemetery uses to initiate its

20  belowground crypt program or to add to existing belowground

21  crypt structures.

22         (3)  "Belowground crypts" consist of interment space in

23  preplaced chambers, either side by side or multiple depth,

24  covered by earth and sod and known also as "lawn crypts,"

25  "westminsters," or "turf-top crypts."

26         (4)  "Board" means the Board of Funeral and Cemetery

27  Services.

28         (5)  "Burial merchandise," "funeral merchandise," or

29  "merchandise" means any personal property offered or sold by

30  any person for use in connection with the final disposition,

31  

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1  memorialization, interment, entombment, or inurnment of human

 2  remains.

 3         (6)  "Burial right" means the right to use a grave

 4  space, mausoleum, columbarium, ossuary, or scattering garden

 5  for the interment, entombment, inurnment, or other disposition

 6  of human remains.

 7         (7)  "Burial service," "funeral service," or "service"

 8  means any service offered or provided by any person in

 9  connection with the final disposition, memorialization,

10  interment, entombment, or inurnment of human remains.

11         (8)  "Care and maintenance" means the perpetual process

12  of keeping a cemetery and its lots, graves, grounds,

13  landscaping, roads, paths, parking lots, fences, mausoleums,

14  columbaria, vaults, crypts, utilities, and other improvements,

15  structures, and embellishments in a well-cared-for and

16  dignified condition, so that the cemetery does not become a

17  nuisance or place of reproach and desolation in the community.

18  As specified in the rules of the board, "care and maintenance"

19  may include, but is not limited to, any or all of the

20  following activities: mowing the grass at reasonable

21  intervals; raking and cleaning the grave spaces and adjacent

22  areas; pruning of shrubs and trees; suppression of weeds and

23  exotic flora; and maintenance, upkeep, and repair of drains,

24  water lines, roads, buildings, and other improvements. "Care

25  and maintenance" may include, but is not limited to,

26  reasonable overhead expenses necessary for such purposes,

27  including maintenance of machinery, tools, and equipment used

28  for such purposes. "Care and maintenance" may also include

29  repair or restoration of improvements necessary or desirable

30  as a result of wear, deterioration, accident, damage, or

31  destruction. "Care and maintenance" does not include expenses

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1  for the construction and development of new grave spaces or

 2  interment structures to be sold to the public.

 3         (9)  "Casket" means a rigid container which is designed

 4  for the encasement of human remains, and which is usually

 5  constructed of wood or metal, ornamented, and lined with

 6  fabric, and which may or may not be combustible.

 7         (10)  "Cemetery" means a place dedicated to and used or

 8  intended to be used for the permanent interment of human

 9  remains. A cemetery may contain land or earth interment;

10  mausoleum, vault, or crypt interment; a columbarium, ossuary,

11  scattering garden, or other structure or place used or

12  intended to be used for the interment or disposition of

13  cremated human remains; or any combination of one or more of

14  such structures or places.

15         (11)  "Cemetery company" means any legal entity that

16  owns or controls cemetery lands or property.

17         (12)  "Certificateholder" or "licensee" means the

18  person or entity that is authorized under this chapter to sell

19  preneed funeral or burial services, preneed funeral or burial

20  merchandise, or burial rights. Each term shall include the

21  other, as applicable, as the context requires. For the

22  purposes of chapter 120, all certificateholders, licensees,

23  and registrants shall be considered licensees.

24         (13)  "Columbarium" means a structure or building which

25  is substantially exposed above the ground and which is

26  intended to be used for the inurnment of cremated human

27  remains.

28         (14)  "Common business enterprise" means a group of two

29  or more business entities that share common ownership in

30  excess of 50 percent.

31  

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         (15)  "Cremation" includes any mechanical or thermal

 2  process whereby a dead human body is reduced to ashes.

 3  Cremation also includes any other mechanical or thermal

 4  process whereby human remains are pulverized, burned,

 5  recremated, or otherwise further reduced in size or quantity.

 6         (16)  "Department" means the Department of Banking and

 7  Finance.

 8         (17)  "Direct disposer" means any person who is

 9  registered in this state to practice direct disposition

10  pursuant to the provisions of chapter 470.

11         (18)  "Final disposition" means the final disposal of a

12  dead human body whether by interment, entombment, burial at

13  sea, cremation, or any other means and includes, but is not

14  limited to, any other disposition of remains for which a

15  segregated charge is imposed.

16         (19)  "Funeral director" means any person licensed in

17  this state to practice funeral directing pursuant to the

18  provisions of chapter 470.

19         (20)  "Grave space" means a space of ground in a

20  cemetery intended to be used for the interment in the ground

21  of human remains.

22         (21)  "Human remains" means the bodies of deceased

23  persons and includes bodies in any stage of decomposition and

24  cremated remains.

25         (22)  "Mausoleum" means a structure or building which

26  is substantially exposed above the ground and which is

27  intended to be used for the entombment of human remains.

28         (23)  "Mausoleum section" means any construction unit

29  of a mausoleum which is acceptable to the department and which

30  a cemetery uses to initiate its mausoleum program or to add to

31  its existing mausoleum structures.

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         (24)  "Monument" means any product used for identifying

 2  a grave site and cemetery memorials of all types, including

 3  monuments, markers, and vases.

 4         (25)  "Monument establishment" means a facility that

 5  operates independently of a cemetery or funeral establishment

 6  and that offers to sell monuments or monument services to the

 7  public for placement in a cemetery.

 8         (26)  "Net assets" means the amount by which the total

 9  assets of a certificateholder, excluding goodwill, franchises,

10  customer lists, patents, trademarks, and receivables from or

11  advances to officers, directors, employees, salespersons, and

12  affiliated companies, exceed total liabilities of the

13  certificateholder. For purposes of this definition, the term

14  "total liabilities" does not include the capital stock,

15  paid-in capital, or retained earnings of the

16  certificateholder.

17         (27)  "Net worth" means total assets minus total

18  liabilities pursuant to generally accepted accounting

19  principles.

20         (28)  "Niche" means a compartment or cubicle for the

21  memorialization or permanent placement of an urn containing

22  cremated remains.

23         (29)(28)  "Ossuary" means a receptacle used for the

24  communal placement of cremated human remains without benefit

25  of an urn or any other container in which remains will be

26  commingled with other cremated human remains and are

27  nonrecoverable. It may or may not include memorialization.

28         (30)(29)  "Outer burial container" means an enclosure

29  into which a casket is placed and includes, but is not limited

30  to, vaults made of concrete, steel, fiberglass, or copper;

31  sectional concrete enclosures; crypts; and wooden enclosures.

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         (31)(30)  "Preneed contract" means any arrangement or

 2  method, of which the provider of funeral merchandise or

 3  services has actual knowledge, whereby any person agrees to

 4  furnish funeral merchandise or service in the future.

 5         (32)(31)  "Religious institution" means an organization

 6  formed primarily for religious purposes which has qualified

 7  for exemption from federal income tax as an exempt

 8  organization under the provisions of s. 501(c)(3) of the

 9  Internal Revenue Code of 1986, as amended.

10         (33)(32)  "Scattering garden" means a location set

11  aside, within a cemetery, which is used for the spreading or

12  broadcasting of cremated remains that have been removed from

13  their container and can be mixed with or placed on top of the

14  soil or ground cover or buried in an underground receptacle on

15  a commingled basis and that are nonrecoverable. It may or may

16  not include memorialization.

17         (34)(33)  "Servicing agent" means any person acting as

18  an independent contractor whose fiduciary responsibility is to

19  assist both the trustee and certificateholder hereunder in

20  administrating their responsibilities pursuant to this

21  chapter.

22         (35)(34)  "Solicitation" means any communication that

23  which directly or implicitly requests an immediate oral

24  response from the recipient.

25         (36)(35)  "Statutory accounting" means generally

26  accepted accounting principles, except as modified by this

27  chapter.

28         (37)  "Urn" means a receptacle designed to permanently

29  encase cremated remains.

30         Section 29.  Subsection (3) of section 497.305, Florida

31  Statutes, is amended to read:

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         497.305  Cemetery companies; authorized functions.--

 2         (3)  A cemetery company may adopt bylaws establishing

 3  minimum standards for burial merchandise or the installation

 4  thereof. Such bylaws shall include minimum standards for

 5  access to install burial merchandise. A cemetery company must

 6  comply with its adopted bylaws.

 7         Section 30.  Section 497.306, Florida Statutes, is

 8  created to read:

 9         497.306  Standards for grave spaces.--

10         (1)  A standard adult grave space shall measure at

11  least 42 inches in width and 96 inches in length, except for

12  preinstalled vaults in designated areas. For interments,

13  except cremated remains, the covering soil shall measure no

14  less than 12 inches from the top of the outer burial

15  container, unless such level of soil is not physically

16  possible. In any interment, the family or next of kin may

17  waive the 12-inch coverage minimum.

18         (2)(a)  Effective October 1, 2003, and prior to the

19  sale of grave spaces in any undeveloped areas of a licensed

20  cemetery, the cemetery company shall prepare a map documenting

21  the establishment of recoverable internal survey reference

22  markers installed by the cemetery company no more than 100

23  feet apart in the areas planned for development. The internal

24  reference markers shall be established with reference to

25  survey markers that are no more than 200 feet apart which have

26  been set by a surveyor and mapper licensed under chapter 472

27  and documented in a certified land survey. Both the map and

28  the certified land survey shall be maintained by the cemetery

29  company and shall be made available upon request to the

30  department or members of the public.

31  

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         (b)  The map of the area proposed to be developed shall

 2  show:

 3         1.  The number of grave spaces available for sale.

 4         2.  The location of each grave space.

 5         3.  The number designation assigned to each grave

 6  space.

 7         4.  The dimensions of a standard adult grave space.

 8         (3)  Adult grave spaces established prior to October 1,

 9  2003, are not required to meet the standards established under

10  this section for the dimensions or separation of grave spaces.

11         Section 31.  Section 497.307, Florida Statutes, is

12  created to read:

13         497.307  Identification of human remains in licensed

14  cemeteries.--On and after October 1, 2003, human remains

15  interred, entombed, scattered, or otherwise placed for final

16  rest at licensed cemeteries shall be identified as follows:

17         (1)  Each licensed cemetery shall place on the outer

18  burial container, cremation interment container, or other

19  container, or on the inside of a crypt or niche, a tag or a

20  permanent identifying marker containing the name of the

21  decedent and the date of death, if available. The materials

22  and location of the tag or marker shall be more specifically

23  described by rule of the board.

24         (2)  Each licensed cemetery may rely entirely on the

25  identity stated on the burial transit permit or on the

26  identification supplied by a person licensed under chapter 470

27  to establish the identity of the dead human remains delivered

28  by such person for burial and shall not be liable for any

29  differences between the identity shown on the burial transit

30  permit or other identification and the actual identity of the

31  

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1  dead human remains delivered by such person and buried in the

 2  cemetery.

 3         Section 32.  Subsection (2) of section 497.325, Florida

 4  Statutes, is amended to read:

 5         497.325  Illegal tying arrangements.--

 6         (2)(a)  Noncemetery licensed persons and firms shall

 7  have the right to sell monuments and to perform or provide on

 8  cemetery property foundation, preparation, and installation

 9  services for monuments. However, a cemetery company or any

10  other entity owning and operating a cemetery may establish

11  reasonable rules regarding the style and size of a monument or

12  its foundation, provided such rules are applicable to all

13  monuments from whatever source obtained and are enforced

14  uniformly as to all monuments. Such rules shall be

15  conspicuously posted and readily accessible to inspection and

16  copy by interested persons.

17         (b)  No person who is authorized to sell grave space

18  and no cemetery company or other entity owning and operating a

19  cemetery may:

20         1.  Require the payment of a setting or service charge,

21  by whatever name known, from third party installers for the

22  placement of a monument;

23         2.  Refuse to provide care or maintenance for any

24  portion of a gravesite on which a monument has been placed; or

25         3.  Waive liability with respect to damage caused by

26  cemetery employees or agents to a monument after installation,

27  

28  where the monument or installation service is not purchased

29  from the person authorized to sell grave space or the cemetery

30  company or other legal entity providing grave space or from or

31  through any other person or corporation designated by the

                                  41

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1  person authorized to sell grave space or the cemetery company

 2  or other legal entity providing grave space. A No cemetery

 3  company or other entity owning and operating a cemetery may

 4  not be held liable for the improper installation of a monument

 5  where the monument is not installed by the cemetery company or

 6  its agents or by such other entity or its agents.

 7         Section 33.  Subsection (9) is added to section

 8  497.333, Florida Statutes, to read:

 9         497.333  Disclosure of information to public.--A

10  licensee offering to provide burial rights, merchandise, or

11  services to the public shall:

12         (9)  Provide to each customer a complete description of

13  any monument, marker, or memorialization to be placed at the

14  gravesite.

15         Section 34.  Section 497.361, Florida Statutes, is

16  amended to read:

17         497.361  Certification Registration of monument

18  establishments.--

19         (1)  A No person may not shall conduct, maintain,

20  manage, or operate a monument establishment, unless such an

21  establishment pays a registration fee of $200 and has a valid

22  certificate of authority is registered with the department in

23  accordance with this act section.

24         (2)  A monument establishment shall be a physical

25  structure that is located at a specific street address.

26         (3)  A No person may not engage in the retail sale of

27  monuments or monument services to consumers, unless they are

28  affiliated with a monument establishment, funeral

29  establishment, or cemetery.

30  

31  

                                  42

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         (4)  The department, by rule, shall provide for

 2  biennial renewal of certificates of authority registrants and

 3  a renewal fee of $150.

 4         (5)  Monuments not shall be delivered within a

 5  specified timeframe shall be considered a breach of contract

 6  unless the monument establishment has a written agreement to

 7  extend the delivery date.  The purchaser shall be entitled to

 8  a refund of all money paid for the merchandise.  Such refund

 9  shall be made within 30 days after receipt by the monument

10  establishment of the purchaser's written request for a refund.

11  This subsection does not preclude the purchase and

12  installation of a new monument from any other registered

13  monument establishment or certificateholder as established by

14  this chapter and installed no later than 120 days after the

15  date of sale. The establishment may request two 30-day

16  extensions. Extensions may be granted by the executive

17  director.

18         (6)  All contracts with the public must be approved by

19  the Department of Financial Services and must provide a

20  complete description of any monument, marker, or related

21  product to be delivered.

22         (7)  A certificate of authority may not be transferred

23  or assigned.

24         Section 35.  Section 497.365, Florida Statutes, is

25  created to read:

26         497.365  Regulation of monument establishments.--

27         (1)  The Department of Financial Services shall

28  establish an inspection program for all monument

29  establishments in accordance with the requirements of this

30  act.

31  

                                  43

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         (2)  The Department of Financial Services shall adopt

 2  rules that shall include requirements for the approval of

 3  contracts for memorials and related products, written

 4  complaint procedures and mandatory response to consumer

 5  complaints, disclosure to the public as to the form of

 6  ownership, the fingerprinting of owners, and appropriate

 7  recordkeeping.

 8         (3)  Nothing in the department's authority or any other

 9  provisions of this act shall unreasonably restrict competition

10  or permit the restraint of trade and commerce.

11         Section 36.  Section 497.371, Florida Statutes, is

12  created to read:

13         497.371  Monument establishment business location.--

14         (1)  A monument establishment shall be a place at a

15  specific street address or location consisting of at least

16  1,500 square feet of office and manufacturing space, including

17  a display area for monuments, markers, and related products.

18  The place where the establishment is located must comply with

19  the local government zoning regulations and may not be located

20  on tax-exempt property.

21         (2)  The monument establishment must be a full-service

22  monument location open to the public during normal business

23  hours, with facilities to design, inscribe, and install

24  monuments and related products.

25         (3)  A person may not operate a monument company or

26  install monuments, markers, and related products in this state

27  unless he or she is licensed by the Department of Financial

28  Services.

29         Section 37.  Section 497.379, Florida Statutes, is

30  created to read:

31  

                                  44

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         497.379  Licensure of monument establishments to sell

 2  preneed contracts.--A monument establishment, including an

 3  existing registered or unregistered monument establishment,

 4  may not sell a preneed contract without first having obtained

 5  a valid certificate of authority from the Department of

 6  Financial Services. A person may not be issued a certificate

 7  of authority as a monument establishment to sell preneed

 8  contracts unless such person has at least 3 years' experience

 9  in the operation and management of an establishment selling

10  monuments, markers, and related products.

11         Section 38.  Section 497.385, Florida Statutes, is

12  created to read:

13         497.385  Monument establishment; sales

14  representative.--Each person selling monuments, markers, and

15  related products for a monument establishment must register

16  with the board, including any person registered or licensed

17  pursuant to chapter 470 or this chapter. A person selling

18  monuments, markers, and related products for a monument

19  establishment that has been issued a certificate of authority

20  must register as a preneed agent pursuant to the requirements

21  of this chapter.

22         Section 39.  Section 497.391, Florida Statutes, is

23  created to read:

24         497.391  Monument establishment; preneed

25  contracts.--Effective January 1, 2004, a monument dealer or

26  establishment may not write a preneed contract unless that

27  contract has been approved by the board.  Any monument dealer

28  or establishment that is paid, collects, or receives funds

29  under a preneed contract for services or merchandise shall

30  comply with the provisions of ss. 497.417 and 497.413.

31  

                                  45

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         Section 40.  Section 497.395, Florida Statutes, is

 2  created to read:

 3         497.395  Licensed monument establishment; financial

 4  requirements.--

 5         (1)  For the purposes of qualifying for a certificate

 6  of authority as a licensed monument establishment must have a

 7  minimum net worth of $10,000.  A licensed monument

 8  establishment holding a certificate of authority or a monument

 9  establishment applicant must meet and maintain the

10  requirements of this section on an annual basis in order to

11  perform its obligation for all existing preneed contracts.

12         (2)  All licensed monument establishments holding a

13  Certificate of Authority or an applicant must submit its most

14  recent year-end financial statements, including a balance

15  sheet and income statement, with the certificate of authority

16  application and annually thereafter as provided in s.

17  497.407(1). The financial statement must be prepared in

18  accordance with generally accepted accounting principles, as

19  those principles have been defined by the Florida Board of

20  Accountancy in the Florida Administrative Code.  If the

21  applicant does not have the minimum net worth as set forth in

22  subsection (3), lacks sufficient liquid assets to satisfy

23  current liabilities, or does not appear to have any

24  substantial long-term assets, the department shall request

25  additional financial information concerning financial

26  statements and the statement of cash flow.

27         (3)  For the purposes of this section, the term "total

28  preneed contracts" means the total retail value of all

29  outstanding preneed contracts. There shall be an annual fee

30  for the renewal of the monument establishment certificate of

31  

                                  46

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1  authority based on the following sales volume for total

 2  preneed contracts:

 3         (a)  Five hundred dollars for a certificateholder that

 4  has total sales of $1 to $50,000.

 5         (b)  Seven hundred and fifty dollars for a

 6  certificateholder that has total sales of $50,001 to $250,000.

 7         (c)  One thousand dollars for a certificateholder that

 8  has total sales of $250,001 to $500,000.

 9         (d)  Twelve hundred fifty dollars for a

10  certificateholder that has total sales in excess of $500,001.

11         (4)  In the case of a monument establishment holding a

12  certificate of authority or a licensed dealer applicant

13  offering preneed sales through a subsidiary agent as provided

14  in Rule 3F-5.0015, Florida Administrative Code, the

15  certificateholder or applicant must execute a guarantee

16  agreement with respect to any contract obligations resulting

17  from preneed sales of such a selling agent.

18         (5)  If the certificateholder or applicant does not

19  meet the financial requirements in subsection (3), the entity

20  may voluntarily submit to the board additional evidence or

21  agree to additional oversight as to meeting the requirements

22  of subsection (1) as a condition of receiving or retaining a

23  certificate of authority.  Such additional evidence or

24  oversight shall include, as appropriate:

25         (a)  An agreement to submit monthly financial

26  statements of the entity;

27         (b)  An agreement to submit quarterly financial

28  statements of the entity;

29         (c)  An appraisal of the entity's property or broker's

30  opinion of the entity's assets;

31  

                                  47

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         (d)  A credit report of the entity or its principal

 2  owners;

 3         (e)  Subordination-of-debt agreement from the entity's

 4  principal owners;

 5         (f)  An indemnification or subrogation agreement

 6  binding the entity and principal owners;

 7         (g)  A guarantee agreement for the entity from its

 8  principal owners;

 9         (h)  Written explanation of past financial activity;

10         (i)  Submission of the 12-month projected business plan

11  that includes:

12         1.  A statement of cash flows;

13         2.  Proforma income statements, with sources of

14  revenues identified; and

15         3.  Marketing initiatives;

16         (j)  Submission of previous department examination

17  reports; or

18         (k)  An agreement of 100 percent voluntary trust by the

19  entity.

20         Section 41.  Subsections (1) and (4) of section

21  497.405, Florida Statutes, are amended to read:

22         497.405  Certificate of authority required.--

23         (1)(a)  No person, including any cemetery exempt under

24  s. 497.003, may sell, advertise to sell, or make an

25  arrangement for a preneed contract without first having a

26  valid certificate of authority.

27         (b)  No person, including any cemetery exempt under s.

28  497.003, may sell, advertise to sell, or make an arrangement

29  for services, merchandise, or burial rights on a preneed basis

30  unless such person is authorized pursuant to this chapter to

31  

                                  48

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1  provide such services, merchandise, or burial rights on an

 2  at-need basis.

 3         (4)  The provisions of this section do not apply to

 4  religious-institution-owned cemeteries exempt under s.

 5  497.003(1)(d), in counties with a population of at least

 6  960,000 persons on July 1, 1996, with respect to the sale to

 7  the religious institution's members and their families of

 8  interment rights, mausoleums, crypts, cremation niches and

 9  cremation interment containers, vaults, liners, urns,

10  memorials, vases, foundations, memorial bases, floral

11  arrangements, monuments, markers, engraving, and the opening

12  and closing of interment rights, mausoleums, crypts, and

13  cremation niches and cremation interment containers, if such

14  cemeteries have engaged in the sale of preneed contracts prior

15  to October 1, 1993, and maintain a positive net worth at the

16  end of each fiscal year of the cemetery.

17         Section 42.  Subsection (4) of section 497.419, Florida

18  Statutes, is amended, and subsection (11) is added to that

19  section, to read:

20         497.419  Cancellation of, or default on, preneed

21  contracts.--

22         (4)  Each certificateholder shall provide in

23  conspicuous type in its contract that the contract purchaser

24  may cancel the contract and receive a full refund within 30

25  days after of the date of execution of the contract, except

26  for those amounts allocable to any burial rights, merchandise,

27  or services that have been used by the purchaser. The failure

28  to make such provision shall not impair the contract

29  purchaser's right to cancellation and refund as provided in

30  this section.

31  

                                  49

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1         (11)  Failure to install a monument within 180 days

 2  after interment shall be considered a breach of contract

 3  unless the certificateholder has a written agreement to extend

 4  the installation date. The purchaser shall be entitled to a

 5  refund of all money paid for the merchandise. Such refund

 6  shall be made within 30 days after receipt by the

 7  certificateholder of the purchaser's written request for a

 8  refund. Nothing in this subsection shall preclude the purchase

 9  and installation of a new monument from any other registered

10  monument establishment or certificateholder.

11         Section 43.  Subsection (4) of section 497.436, Florida

12  Statutes, is amended to read:

13         497.436  Inactive and revoked certificateholders.--

14         (4)  Upon receipt of the notice, in order to protect

15  the contract purchaser, the board may:

16         (a)  shall Review the certificateholder's:

17         1.(a)  Trust funds.

18         2.(b)  Trust agreements.

19         3.(c)  Evidence of all outstanding preneed contracts.

20         (b)  Perform other procedures the board deems

21  necessary.

22         Section 44.  Except as otherwise expressly provided in

23  this act, this act shall take effect July 1, 2003.

24  

25  

26  

27  

28  

29  

30  

31  

                                  50

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 2016
    315-2316-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                             SB 2016

 3                                 

 4  The committee substitute creates the Division and the Board of
    Funeral, Cemetery and Consumer Services within the Department
 5  of Financial Services, and establishes its composition,
    compensation, powers, and duties.  It provides for the office
 6  of the Director of the new division, including his or her
    duties and responsibilities.  It transfers the Board of
 7  Funeral Directors and Embalmers and the Board of Funeral and
    Cemetery Services by a type two transfer to the new board.  It
 8  provides definitions.

 9  It increases the period that an embalmer apprentice may serve
    in an apprentice capacity.  It amends requirements relating to
10  the practice of direct disposal. It provides for the direct
    disposal of fetal remains.  It increases the maximum number of
11  classroom hours of continuing education needed for renewal of
    a direct disposer registration.  It provides for the proper
12  identification of dead human remains in the casket,
    alternative container, or cremation container.  It provides
13  for the regulation of monument establishments, and establishes
    qualification requirements.  It provides for the regulation of
14  preneed contract sales by monument establishments.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  51

CODING: Words stricken are deletions; words underlined are additions.