Senate Bill sb2016e2

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




    CS for SB 2016                          Second Engrossed (ntc)



  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.






    CS for SB 2016                          Second Engrossed (ntc)



 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.






    CS for SB 2016                          Second Engrossed (ntc)



 1         amending s. 470.031, F. S.; prohibiting any

 2         guarantee on the future price of any goods or

 3         services; providing penalties; amending s.

 4         470.0355, F.S.; revising requirements for

 5         identification of human remains prior to final

 6         disposition; providing requirements for

 7         identification of human remains in licensed and

 8         unlicensed cemeteries and by direct disposal

 9         establishments; reenacting s. 470.036, F.S.,

10         relating to disciplinary proceedings, to

11         incorporate the amendment to s. 470.031, F.S.,

12         in a reference thereto; amending s. 497.005,

13         F.S.; revising and providing definitions;

14         amending s. 497.305, F.S.; requiring that a

15         cemetery company comply with its adopted

16         bylaws; creating s. 497.306, F.S.; providing

17         dimension and spacing standards for grave

18         spaces; requiring a map of reference markers

19         and a land survey for areas proposed to be

20         developed by a licensed cemetery company,

21         exempting adult grave spaces previously

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

23         providing requirements for identification of

24         human remains in licensed cemeteries; amending

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

26         established by other entities operating a

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

28         for disclosure of certain information to

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

30         remedies for certain breaches of contract;

31         providing for approval of contracts; creating


                                  3

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






    CS for SB 2016                          Second Engrossed (ntc)



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

 2         monument establishments by the Department of

 3         Financial Services; providing for inspections;

 4         providing for rules; providing that the

 5         department may not unreasonably restrict

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

 7         for specifications for business locations;

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

 9         licensure of monument establishments to sell

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

11         providing for registration of monument sales

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

13         providing for approval of preneed contracts by

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

15         financial requirements for monument

16         establishments; providing requirements for

17         minimum net worth; providing for submission of

18         financial statements; providing for minimum

19         sales volume with respect to preneed contracts;

20         providing for guarantee agreements; providing

21         for additional oversight in lieu of financial

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

23         prohibiting any person from advertising for

24         sale or making any arrangement for a preneed

25         contract without having a valid certificate of

26         authority; expanding the exemption from the

27         required certificate of authority for certain

28         religious-institution-owned cemeteries to

29         include the sale and opening or closing of

30         cremation interment containers to members and

31         family members of the religious institution;


                                  4

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






    CS for SB 2016                          Second Engrossed (ntc)



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

 2         contracts to include in the refund notice the

 3         exclusion for amounts allocable to burial

 4         rights, merchandise, and services used by the

 5         purchaser; providing condition for breach of

 6         contract by certificateholder and for rights of

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

 8         authorizing the Board of Funeral and Cemetery

 9         Services to review the trust funds, trust

10         agreements, and outstanding preneed contracts

11         of, and perform other procedures at its

12         discretion with respect to, a certificateholder

13         filing notice to become inactive; creating s.

14         497.310, F.S.; providing for the optional

15         recordation of burial rights; permitting the

16         clerk of the court to assess service charge

17         fees; providing an effective date.

18  

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

20  

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

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

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

24         20.121  Department of Financial Services.--There is

25  created a Department of Financial Services.

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

27  shall consist of the following divisions:

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

29  Services.

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

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


                                  5

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






    CS for SB 2016                          Second Engrossed (ntc)



 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.






    CS for SB 2016                          Second Engrossed (ntc)



 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.






    CS for SB 2016                          Second Engrossed (ntc)



 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.






    CS for SB 2016                          Second Engrossed (ntc)



 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 licensed

13  pursuant to this chapter. One member shall be the State Health

14  Officer or his or her designee.

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

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

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

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

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

20  Officer shall stagger the terms of the successor members as

21  follows: one funeral director, one cemetery representative,

22  the monument dealer, and one consumer member shall be

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

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

25  shall be for 4 years. The Governor may suspend any board

26  member for malfeasance or misfeasance, neglect of duty,

27  incompetence, substantial inability to perform official

28  duties, commission of a crime, or for other substantial cause

29  as determined by the Governor to evidence a lack of fitness to

30  sit on the board.  A board member shall be deemed to have

31  resigned his or her board membership, and that position shall


                                  9

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






    CS for SB 2016                          Second Engrossed (ntc)



 1  be deemed vacant, upon the failure of the member to attend

 2  three consecutive meetings of the board or at least half of

 3  the meetings of the board during any 12-month period, unless

 4  the Chief Financial Officer determines that there was good and

 5  adequate justification for the absences and that such absences

 6  are not likely to continue.

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

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

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

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

11  of Legal Affairs and the Division of Risk Management shall

12  defend such board member in any civil action against such

13  person arising from any such act or omission.

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

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

16  the Department of Financial Services in Tallahassee.  The

17  Chief Financial Officer shall annually appoint from among the

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

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

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

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

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

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

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

25  the conduct of the board's business.

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

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

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

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

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

31  entitled to reimbursement for expenses incurred in connection


                                  10

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






    CS for SB 2016                          Second Engrossed (ntc)



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

 2  official business shall in each specific instance require the

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

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

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

 6  Florida Statutes, is created to read:

 7         497.102  Authority of the board.--

 8         (1)  The board shall enforce and administer the

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

10  455.017, the board shall administer those powers, duties, and

11  functions in chapter 455 which are necessary to enforce the

12  provisions of chapter 470.

13         (2)  For purposes of enforcement of chapter 455

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

15  references in chapter 455 to the Department of Business and

16  Professional Regulation or the secretary of that department,

17  shall be read as referring to the Department of Financial

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

19  indicate to be appropriate.

20         (3)  The Department of Financial Services shall not

21  adopt any rule or publish any notice of proposed rule

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

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

24  without first presenting the rule or rules proposed for

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

26  any.  This subsection shall not apply to emergency rulemaking

27  under s. 120.54(4).

28         Section 8.  Effective January 1, 2004, section

29  497.1021, Florida Statutes, is created to read:

30         497.1021  Division of Funeral, Cemetery, and Consumer

31  Services.--


                                  11

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






    CS for SB 2016                          Second Engrossed (ntc)



 1         (1)  There is created within the Department of

 2  Financial Services the Division of Funeral, Cemetery, and

 3  Consumer Services.  The division shall enforce the provisions

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

 5  may be necessary to carry out the provisions thereof.

 6         (2)  The division shall provide all services concerning

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

 8  recordkeeping services, examination services, legal services,

 9  and investigative services. Those services in chapter 455

10  necessary to perform the duties of chapter 470 shall be

11  provided by the division.

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

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

14  contracting for the training of auditors and the conduct of

15  examinations in order to enhance oversight and enforcement of

16  laws and regulations governing the activities of licensees.

17         Section 9.  Effective January 1, 2004, section

18  497.1022, Florida Statutes, is created to read:

19         497.1022  Director of the Division of Funeral,

20  Cemetery, and Consumer Services.--

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

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

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

24  shall be appointed by the Chief Financial Officer and shall

25  serve at the pleasure of the Chief Financial Officer.

26         (2)  The director shall be responsible for the

27  preparation of the board agenda, presentation of division

28  staff recommendations, and reports of the activities of the

29  division to the board and shall serve as the executive

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

31  assigned by the Chief Financial Officer.


                                  12

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






    CS for SB 2016                          Second Engrossed (ntc)



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

 2  performed by the Secretary of the Department of Business and

 3  Professional Regulation under chapter 470, Florida Statutes,

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

 5  Florida Statutes, shall be performed by the Chief Financial

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

 7  delegated by the Chief Financial Officer to the Director of

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

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

10  and functions, records, personnel, property, and unexpended

11  balances of appropriations, allocations, or other funds for

12  the administration of chapter 470, Florida Statutes, related

13  to the Board of Funeral Directors and Embalmers shall be

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

15  20.06(2), Florida Statutes, from the Department of Business

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

17  and Consumer Services within the Department of Financial

18  Services.

19         (2)  The transfer of regulatory authority over chapter

20  470, Florida Statutes, provided by this act shall not affect

21  the validity of any judicial or administrative action

22  involving the Board of Funeral Directors and Embalmers or the

23  Department of Business and Professional Regulation pending on

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

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

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

27         (3)  Notwithstanding the transfer of regulatory

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

29  act, all licenses and registrations issued pursuant to chapter

30  470, Florida Statutes, that are valid on December 31, 2003,

31  


                                  13

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






    CS for SB 2016                          Second Engrossed (ntc)



 1  shall remain in effect subject to the provisions of chapters

 2  470 and 455, Florida Statutes.

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

 4  Embalmers and the Department of Business and Professional

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

 6  2003, shall become the rules of the Department of Financial

 7  Services as is appropriate to the corresponding regulatory

 8  function and shall remain in effect until specifically amended

 9  or repealed in the manner provided by law.

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

11  records, personnel, property, and unexpended balances of

12  appropriations, allocations, or other funds for the

13  administration of chapter 497, Florida Statutes, related to

14  the Board of Funeral and Cemetery Services shall be

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

16  20.06(2), Florida Statutes, from the Department of Banking and

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

18  Services within the Department of Financial Services.

19         (6)  The transfer of regulatory authority over chapter

20  497, Florida Statutes, provided by this act shall not affect

21  the validity of any judicial or administrative action

22  involving the Board of Funeral and Cemetery Services or the

23  Department of Banking and Finance pending on December 31,

24  2003, and the Department of Financial Services or the Board of

25  Funeral, Cemetery, and Consumer Services shall be substituted

26  as a party in interest in any such action.

27         (7)  Notwithstanding the transfer of regulatory

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

29  act, all licenses and registrations issued pursuant to chapter

30  497, Florida Statutes, which are valid on December 31, 2003,

31  


                                  14

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






    CS for SB 2016                          Second Engrossed (ntc)



 1  shall remain in effect subject to the provisions of chapter

 2  497, Florida Statutes.

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

 4  Services or the Department of Banking and Finance which were

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

 6  rules of the Department of Financial Services and shall remain

 7  in effect until specifically amended or repealed in the manner

 8  provided by law.

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

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

11  Board of Funeral and Cemetery Services and the Board of

12  Funeral Directors and Embalmers are abolished.

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

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

15  Florida Statutes, shall be deposited in the Regulatory Trust

16  Fund in the Department of Financial Services.

17         Section 14.  The Legislature recognizes that there is a

18  need to conform the Florida Statutes to the policy decisions

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

20  Statutory Revision is directed to provide the relevant

21  substantive committees of the Senate and the House of

22  Representatives with assistance, upon request, to enable such

23  committees to prepare draft legislation to conform the Florida

24  Statutes to the provisions of this act.

25         Section 15.  Section 470.002, Florida Statutes, is

26  amended to read:

27         470.002  Definitions.--As used in this chapter:

28         (1)(15)  "Alternative container" means a nonmetal

29  receptacle or enclosure which is less expensive than a casket

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

31  dead human body.


                                  15

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






    CS for SB 2016                          Second Engrossed (ntc)



 1         (2)(22)  "At-need solicitation" means any uninvited

 2  contact by a funeral director or direct disposer for the

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

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

 5         (3)(2)  "Board" means the Board of Funeral Directors

 6  and Embalmers.

 7         (4)  "Body parts" means:

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

 9  removed from a person or human remains for medical purposes

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

11  research; or

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

13  have been donated to science for medical research purposes.

14         (5)(16)  "Casket" means a rigid container which is

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

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

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

18         (6)(27)  "Centralized embalming facility" means a

19  facility, not physically connected with a funeral

20  establishment, in which embalming takes place.

21         (7)(14)  "Cinerator" means a facility where dead human

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

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

24  also known as "calcination."

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

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

27  prevent leakage or spillage of the remains.

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

29  human body recovered after the completion of the cremation

30  process, including processing or pulverization which leaves

31  only bone fragments reduced to unidentifiable dimensions and


                                  16

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






    CS for SB 2016                          Second Engrossed (ntc)



 1  may include the residue of any foreign matter, including

 2  casket material, bridgework, or eyeglasses that were cremated

 3  with the human remains.

 4         (10)(24)  "Cremation" means the technical process,

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

 6  human remains to bone fragments through heat and evaporation.

 7  Cremation includes the processing and usually includes the

 8  pulverization of the bone fragments includes any mechanical or

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

10  and bone fragments. Cremation also includes any other

11  mechanical or thermal process whereby human remains are

12  pulverized, burned, recremated, or otherwise further reduced

13  in size or quantity.

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

15  within which the cremation process takes place. Cremation

16  chambers covered by these procedures must be used exclusively

17  for the cremation of human remains.

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

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

20  cremation chamber for a cremation. A cremation container

21  should meet substantially all of the following standards:

22         (a)  Be composed of readily combustible materials

23  suitable for cremation.

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

25  complete covering for the human remains.

26         (c)  Be resistant to leakage or spillage.

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

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

29  safety, and personal integrity of crematory personnel.

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

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


                                  17

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






    CS for SB 2016                          Second Engrossed (ntc)



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

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

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

 4  earth above the urn.

 5         (14)(1)  "Department" means the Department of Business

 6  and Professional Regulation.

 7         (15)(8)  "Direct disposal establishment" means a

 8  facility registered under this chapter where a direct disposer

 9  practices direct disposition.

10         (16)(9)  "Direct disposer" means any person registered

11  under this chapter to practice direct disposition in this

12  state.

13         (17)(28)  "Disinterment" means removal of a dead human

14  body from earth interment or aboveground interment.

15         (18)(5)  "Embalmer" means any person licensed under

16  this chapter to practice embalming in this state.

17         (19)(11)  "Final disposition" means the final disposal

18  of a dead human body by earth interment, aboveground

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

20  institution for lawful dissection if the medical institution

21  assumes responsibility for disposal. "Final disposition" does

22  not include the disposal or distribution of ashes and residue

23  of cremated human remains.

24         (20)(13)  "Funeral" or "funeral service" means the

25  observances, services, or ceremonies held to commemorate the

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

27  human remains are present.

28         (21)(3)  "Funeral director" means any person licensed

29  under this chapter to practice funeral directing in this

30  state.

31  


                                  18

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






    CS for SB 2016                          Second Engrossed (ntc)



 1         (22)(7)  "Funeral establishment" means a facility

 2  licensed under this chapter where a funeral director or

 3  embalmer practices funeral directing or embalming.

 4         (23)(12)  "Funeral merchandise" or "merchandise" means

 5  any merchandise commonly sold in connection with the funeral,

 6  final disposition, or memorialization of human remains,

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

 8  containers, alternative containers, cremation containers,

 9  cremation interment containers, urns, monuments, private

10  mausoleums, flowers, shrubs, benches, vases, acknowledgment

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

12  clothing.

13         (24)(23)  "Human remains" or "remains," "dead human

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

15  human person for which a death certificate or fetal death

16  certificate is required under chapter 382 and includes the

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

18  human bodies.

19         (25)(18)  "Legally authorized person" means, in the

20  priority listed, the decedent, when written inter vivos

21  authorizations and directions are provided by the decedent,

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

23  committing against the deceased an act of domestic violence as

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

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

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

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

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

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

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

31  the time of death; the personal representative of the


                                  19

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






    CS for SB 2016                          Second Engrossed (ntc)



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

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

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

 4  county commission or administrator acting under chapter 245,

 5  or other public administrator; a representative of a nursing

 6  home or other health care institution in charge of final

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

 8  subsection who is willing to assume the responsibility as

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

10  class listed in this subsection, the funeral establishment

11  shall rely upon the authorization of any one legally

12  authorized person of that class if that individual represents

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

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

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

16  higher priority class.

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

18  memorialization or permanent placement of a container or urn

19  containing cremated remains.

20         (27)(19)  "Outer burial container" means an enclosure

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

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

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

24         (28)(20)  "Personal residence" means any residential

25  building in which one temporarily or permanently maintains his

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

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

28  aged, or a public or private institution.

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

30  cremation of human remains without preparation of the human

31  remains by embalming and without any attendant services or


                                  20

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






    CS for SB 2016                          Second Engrossed (ntc)



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

 2  arrangements for such final disposition.

 3         (30)(6)  "Practice of embalming" means disinfecting or

 4  preserving or attempting to disinfect or preserve dead human

 5  bodies by replacing certain body fluids with preserving and

 6  disinfecting chemicals.

 7         (31)(4)  "Practice of funeral directing" means the

 8  performance by a licensed funeral director of any of those

 9  functions authorized by s. 470.0087.

10         (32)(21)  "Preneed sales agent" means any person who is

11  registered under chapter 497 to sell preneed burial or funeral

12  service and merchandise contracts or direct disposition

13  contracts in this state.

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

15  bone fragments after the completion of the cremation process

16  to unidentifiable bone fragments by manual means.

17         (34)  "Pulverization" means the reduction of

18  identifiable bone fragments after the completion of the

19  cremation and processing to granulated particles by manual or

20  mechanical means.

21         (35)(25)  "Refrigeration facility" means a facility

22  that is not physically connected with a funeral establishment,

23  crematory or direct disposal establishment, that maintains

24  space and equipment for the storage and refrigeration of dead

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

26  and funeral establishments for a fee.

27         (36)(26)  "Removal service" means any service that

28  operates independently of a funeral establishment, that

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

30  offers its service to funeral establishments and direct

31  disposal establishments for a fee.


                                  21

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






    CS for SB 2016                          Second Engrossed (ntc)



 1         (37)(17)  "Solicitation" means any communication which

 2  directly or implicitly requests an immediate oral response

 3  from the recipient.

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

 5  cremated remains usually made of cardboard, plastic, or

 6  similar material designated to hold the cremated remains until

 7  an urn or other permanent container is acquired.

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

 9  encase cremated remains.

10         Section 16.  Section 470.0085, Florida Statutes, is

11  amended to read:

12         470.0085  Establishment of embalmer apprentice

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

14  apprentice program. An embalmer apprentice may perform only

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

16  are performed under the direct supervision of a licensed

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

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

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

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

21  attending a course in mortuary science or funeral service

22  education at any mortuary college or funeral service education

23  college or school. An embalmer apprentice shall be registered

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

25  exceed $50.

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

27  Statutes, is amended to read:

28         470.018  Renewal of registration of direct disposer.--

29         (1)  The department shall renew a registration upon

30  receipt of the renewal application and fee set by the

31  department not to exceed $250.


                                  22

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






    CS for SB 2016                          Second Engrossed (ntc)



 1         (2)  The department shall adopt rules establishing a

 2  procedure for the biennial renewal of registrations. The board

 3  shall prescribe by rule continuing education requirements of

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

 5  for accepting alternative nonclassroom continuing education on

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

 7  on communicable diseases that includes the course on human

 8  immunodeficiency virus and acquired immune deficiency syndrome

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

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

11  470.021, Florida Statutes, are amended to read:

12         470.021  Direct disposal establishment; standards and

13  location; registration.--

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

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

16  square feet and must maintain or make arrangements for

17  suitable capacity for the refrigeration and storage of dead

18  human bodies handled and stored by the establishment. No

19  person may open or maintain an establishment at which to

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

21  practice of direct disposition unless such establishment is

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

23  establishment shall be reported promptly to the board as

24  prescribed by rule of the board.

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

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

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

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

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

30  which establish such inspection requirements.

31  


                                  23

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






    CS for SB 2016                          Second Engrossed (ntc)



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

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

 3  registration and upon each renewal of such registration.

 4         (c)  Each cinerator facility shall be inspected prior

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

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

 7  dead human bodies.

 8         2.  Maintain refrigeration which satisfies the

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

10  sufficient number of shelves for the average daily number of

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

12         3.  Maintain sufficient pollution control equipment to

13  comply with requirements of the Department of Environmental

14  Protection in order to secure annual approved certification.

15         4.  Either have on site or immediately available

16  sufficient sealed containers of a type required for the

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

18  F.A.C.

19         5.  Maintain the premises in a clean and sanitary

20  condition.

21         6.  Have appropriate Department of Environmental

22  Protection permits.

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

24  least 2 years.

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

26  Statutes, is amended to read:

27         470.024  Funeral establishment; licensure.--

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

29  specific street address or location consisting of at least

30  1,250 contiguous interior square feet and must maintain or

31  make arrangements for either suitable capacity for the


                                  24

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






    CS for SB 2016                          Second Engrossed (ntc)



 1  refrigeration and storage of dead human bodies handled and

 2  stored by the establishment and or a preparation room equipped

 3  with necessary ventilation and drainage and containing

 4  necessary instruments for embalming dead human bodies or must

 5  make arrangements for a preparation room as established by

 6  board rule.

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

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

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

10         470.025  Cinerator facility; licensure.--

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

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

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

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

15  the permission of a legally authorized person to cremate more

16  than one human body.

17         (13)  A cinerator facility shall not place human

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

19  the human remains are in an alternative container, cremation

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

21  cremation container or stored if they are completely covered,

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

23  may include the processing and pulverization of bone

24  fragments. Cremated remains may be placed in a temporary

25  container following cremation. None of the provisions

26  contained in this subsection require the purchase of a casket

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

28  and preneed contracts entered into pursuant to chapter 497

29  after June 1, 1996.

30         (14)  Each cinerator facility shall ensure that all

31  alternative containers, cremation containers, or caskets used


                                  25

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






    CS for SB 2016                          Second Engrossed (ntc)



 1  for cremation contain no amount of chlorinated plastics not

 2  authorized by the Department of Environmental Protection, that

 3  they also are composed of readily combustible materials

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

 5  complete covering for the human remains, resistant to leakage

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

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

 8  public and crematory personnel.

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

10  acceptable cremation and alternative containers.

11         (16)  The operator of a cinerator facility shall

12  establish written procedures for the removal of remains and

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

14  cremation of a human body and the postcremation processing,

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

16  operator follows these procedures, the operator is not liable

17  for the unintentional or incidental commingling of human

18  remains and bone fragments resulting from more than one

19  cremation cycle or from postcremation processing, shipping,

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

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

22  and legally authorized persons.

23         Section 21.  Section 470.0255, Florida Statutes, is

24  amended to read:

25         470.0255  Cremation; procedure required.--

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

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

28  person contracting for cremation services shall be required to

29  designate his or her intentions with respect to the

30  disposition of the cremated remains of the deceased in a

31  signed declaration of intent which shall be provided by and


                                  26

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






    CS for SB 2016                          Second Engrossed (ntc)



 1  retained by the funeral or direct disposal establishment. A

 2  cremation may not be performed until a legally authorized

 3  person gives written authorization for such cremation. The

 4  cremation must be performed within 48 hours after a specified

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

 6  authorizing the cremation.

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

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

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

10  been claimed, the funeral or direct disposal establishment may

11  dispose of the cremated remains. Such disposal shall include

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

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

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

15  or board.

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

17  person and incidental to final disposition, cremation may be

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

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

20  470.002.

21         Section 22.  Section 470.028, Florida Statutes, is

22  amended to read:

23         470.028  Preneed sales; registration of agents; control

24  and supervision of agents.--

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

26  direct disposition contracts shall be made pursuant to chapter

27  497.

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

29  establishment or direct disposal establishment with respect to

30  the sale of preneed contracts unless such person is registered

31  pursuant to chapter 497.


                                  27

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






    CS for SB 2016                          Second Engrossed (ntc)



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

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

 3  chapter applicable to such licensee or registrant as

 4  established by board rule.

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

 6  establishment shall be responsible for the control and

 7  activities of the establishment's preneed agents.

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

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

10  disposal establishment shall be responsible for the control

11  and activities of the establishment's preneed agents.

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

13  Statutes, is amended to read:

14         470.029  Reports of cases embalmed and bodies

15  handled.--

16         (1)  Each funeral establishment, direct disposal

17  establishment, cinerator facility, and centralized embalming

18  facility shall report on a form prescribed and furnished by

19  the department the name of the deceased and such other

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

21  body embalmed or otherwise handled by the establishment or

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

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

24  funeral director in charge of the establishment or facility or

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

26  shall prescribe by rule the procedures in submitting such

27  documentation. Reports required by this subsection shall be

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

29  dispositions handled the preceding month.

30         Section 24.  Section 470.031, Florida Statutes, is

31  amended to read:


                                  28

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






    CS for SB 2016                          Second Engrossed (ntc)



 1         470.031  Prohibitions; penalties.--

 2         (1)  No person may:

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

 4  disposition unless the person holds an active license or

 5  registration under this chapter.

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

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

 8  licensed or registered pursuant to this chapter.

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

10  registration of another.

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

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

13  a license or registration.

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

15  which has been suspended or revoked.

16         (f)  Knowingly employ unlicensed persons in the

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

18         (g)  Knowingly conceal information relative to

19  violations of this chapter.

20         (h)  Operate an unlicensed cinerator facility.

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

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

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

24  section commits a misdemeanor of the second degree, punishable

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

26         Section 25.  Section 470.0355, Florida Statutes, is

27  amended to read:

28         470.0355  Identification of human remains.--

29         (1)  PRIOR TO FINAL DISPOSITION.--

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

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


                                  29

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






    CS for SB 2016                          Second Engrossed (ntc)



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

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

 3  container or cremation container, proper identification of the

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

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

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

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

 8  human remains are cremated, proper identification shall be

 9  placed in the container or urn containing the remains.

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

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

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

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

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

15  removed from the place of death or other location.

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

17  representation of a legally authorized person to establish the

18  identity of dead human remains.

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

20  2003, the identification of human remains interred in an

21  unlicensed cemetery shall be the responsibility of the

22  licensed funeral establishment in charge of the funeral

23  arrangements for the deceased person. The licensed funeral

24  establishment in charge of the funeral arrangements for the

25  interment in an unlicensed cemetery of human remains shall

26  place on the outer burial container, cremation internment

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

28  niche a tag or permanent identifying mark containing the name

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

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

31  specifically described by the rule of the board.


                                  30

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






    CS for SB 2016                          Second Engrossed (ntc)



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

 2  2003, human remains at licensed cemeteries shall be identified

 3  as follows:

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

 5  burial container, cremation interment container, or other

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

 7  permanent identifying marker containing the name of the

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

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

10  specifically described by rule of the board.

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

12  identity stated on the burial transit permit or on the

13  identification supplied by a person licensed under chapter 470

14  to establish the identity of the dead human remains delivered

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

16  differences between the identity shown on the burial transit

17  permit or identification and the actual identity of the dead

18  human remains delivered by such person and buried in the

19  cemetery.

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

21  establishments shall establish a system of identification of

22  human remains received which shall be designed to track the

23  identity of the remains from the time of receipt until

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

25  addition to the requirements for identification of human

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

27  identification procedures shall be available, upon request, to

28  the department and legally authorized persons. 

29         Section 26.  For the purpose of incorporating the

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

31  


                                  31

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






    CS for SB 2016                          Second Engrossed (ntc)



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

 2  Florida Statutes, is reenacted to read:

 3         470.036  Disciplinary proceedings.--

 4         (1)  The following acts constitute grounds for which

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

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

 7  470.031.

 8         Section 27.  Section 497.005, Florida Statutes, is

 9  amended to read:

10         497.005  Definitions.--As used in this chapter:

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

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

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

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

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

16  construction unit of belowground crypts which is acceptable to

17  the department and which a cemetery uses to initiate its

18  belowground crypt program or to add to existing belowground

19  crypt structures.

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

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

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

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

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

25  Services.

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

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

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

29  memorialization, interment, entombment, or inurnment of human

30  remains.

31  


                                  32

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






    CS for SB 2016                          Second Engrossed (ntc)



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

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

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

 4  of human remains.

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

 6  means any service offered or provided by any person in

 7  connection with the final disposition, memorialization,

 8  interment, entombment, or inurnment of human remains.

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

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

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

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

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

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

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

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

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

18  following activities: mowing the grass at reasonable

19  intervals; raking and cleaning the grave spaces and adjacent

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

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

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

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

24  reasonable overhead expenses necessary for such purposes,

25  including maintenance of machinery, tools, and equipment used

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

27  repair or restoration of improvements necessary or desirable

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

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

30  for the construction and development of new grave spaces or

31  interment structures to be sold to the public.


                                  33

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






    CS for SB 2016                          Second Engrossed (ntc)



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

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

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

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

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

 6  intended to be used for the permanent interment of human

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

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

 9  scattering garden, or other structure or place used or

10  intended to be used for the interment or disposition of

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

12  such structures or places.

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

14  owns or controls cemetery lands or property.

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

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

17  preneed funeral or burial services, preneed funeral or burial

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

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

20  purposes of chapter 120, all certificateholders, licensees,

21  and registrants shall be considered licensees.

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

23  is substantially exposed above the ground and which is

24  intended to be used for the inurnment of cremated human

25  remains.

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

27  or more business entities that share common ownership in

28  excess of 50 percent.

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

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

31  Cremation also includes any other mechanical or thermal


                                  34

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






    CS for SB 2016                          Second Engrossed (ntc)



 1  process whereby human remains are pulverized, burned,

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

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

 4  Finance.

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

 6  registered in this state to practice direct disposition

 7  pursuant to the provisions of chapter 470.

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

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

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

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

12  segregated charge is imposed.

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

14  this state to practice funeral directing pursuant to the

15  provisions of chapter 470.

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

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

18  of human remains.

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

20  persons and includes bodies in any stage of decomposition and

21  cremated remains.

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

23  is substantially exposed above the ground and which is

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

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

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

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

28  its existing mausoleum structures.

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

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

31  monuments, markers, and vases.


                                  35

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






    CS for SB 2016                          Second Engrossed (ntc)



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

 2  operates independently of a cemetery or funeral establishment

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

 4  public for placement in a cemetery.

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

 6  assets of a certificateholder, excluding goodwill, franchises,

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

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

 9  affiliated companies, exceed total liabilities of the

10  certificateholder. For purposes of this definition, the term

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

12  paid-in capital, or retained earnings of the

13  certificateholder.

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

15  liabilities pursuant to generally accepted accounting

16  principles.

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

18  memorialization or permanent placement of an urn containing

19  cremated remains.

20         (29)(28)  "Ossuary" means a receptacle used for the

21  communal placement of cremated human remains without benefit

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

23  commingled with other cremated human remains and are

24  nonrecoverable. It may or may not include memorialization.

25         (30)(29)  "Outer burial container" means an enclosure

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

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

28  sectional concrete enclosures; crypts; and wooden enclosures.

29         (31)(30)  "Preneed contract" means any arrangement or

30  method, of which the provider of funeral merchandise or

31  


                                  36

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






    CS for SB 2016                          Second Engrossed (ntc)



 1  services has actual knowledge, whereby any person agrees to

 2  furnish funeral merchandise or service in the future.

 3         (32)(31)  "Religious institution" means an organization

 4  formed primarily for religious purposes which has qualified

 5  for exemption from federal income tax as an exempt

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

 7  Internal Revenue Code of 1986, as amended.

 8         (33)(32)  "Scattering garden" means a location set

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

10  broadcasting of cremated remains that have been removed from

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

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

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

14  not include memorialization.

15         (34)(33)  "Servicing agent" means any person acting as

16  an independent contractor whose fiduciary responsibility is to

17  assist both the trustee and certificateholder hereunder in

18  administrating their responsibilities pursuant to this

19  chapter.

20         (35)(34)  "Solicitation" means any communication that

21  which directly or implicitly requests an immediate oral

22  response from the recipient.

23         (36)(35)  "Statutory accounting" means generally

24  accepted accounting principles, except as modified by this

25  chapter.

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

27  encase cremated remains.

28         Section 28.  Subsection (3) of section 497.305, Florida

29  Statutes, is amended to read:

30         497.305  Cemetery companies; authorized functions.--

31  


                                  37

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






    CS for SB 2016                          Second Engrossed (ntc)



 1         (3)  A cemetery company may adopt bylaws establishing

 2  minimum standards for burial merchandise or the installation

 3  thereof. Such bylaws shall include minimum standards for

 4  access to install burial merchandise. A cemetery company must

 5  comply with its adopted bylaws.

 6         Section 29.  Section 497.306, Florida Statutes, is

 7  created to read:

 8         497.306  Standards for grave spaces.--

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

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

11  preinstalled vaults in designated areas. For interments,

12  except cremated remains, the covering soil shall measure no

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

14  container, unless such level of soil is not physically

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

16  waive the 12-inch coverage minimum.

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

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

19  cemetery, the cemetery company shall prepare a map documenting

20  the establishment of recoverable internal survey reference

21  markers installed by the cemetery company no more than 100

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

23  reference markers shall be established with reference to

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

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

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

27  the certified land survey shall be maintained by the cemetery

28  company and shall be made available upon request to the

29  department or members of the public.

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

31  show:


                                  38

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






    CS for SB 2016                          Second Engrossed (ntc)



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

 2         2.  The location of each grave space.

 3         3.  The number designation assigned to each grave

 4  space.

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

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

 7  2003, are not required to meet the standards established under

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

 9         Section 30.  Section 497.307, Florida Statutes, is

10  created to read:

11         497.307  Identification of human remains in licensed

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

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

14  rest at licensed cemeteries shall be identified as follows:

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

16  burial container, cremation interment container, or other

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

18  permanent identifying marker containing the name of the

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

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

21  described by rule of the board.

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

23  identity stated on the burial transit permit or on the

24  identification supplied by a person licensed under chapter 470

25  to establish the identity of the dead human remains delivered

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

27  differences between the identity shown on the burial transit

28  permit or other identification and the actual identity of the

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

30  cemetery.

31  


                                  39

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






    CS for SB 2016                          Second Engrossed (ntc)



 1         Section 31.  Subsection (2) of section 497.325, Florida

 2  Statutes, is amended to read:

 3         497.325  Illegal tying arrangements.--

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

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

 6  cemetery property foundation, preparation, and installation

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

 8  other entity owning and operating a cemetery may establish

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

10  its foundation, provided such rules are applicable to all

11  monuments from whatever source obtained and are enforced

12  uniformly as to all monuments. Such rules shall be

13  conspicuously posted and readily accessible to inspection and

14  copy by interested persons.

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

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

17  cemetery may:

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

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

20  placement of a monument;

21         2.  Refuse to provide care or maintenance for any

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

23         3.  Waive liability with respect to damage caused by

24  cemetery employees or agents to a monument after installation,

25  

26  where the monument or installation service is not purchased

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

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

29  through any other person or corporation designated by the

30  person authorized to sell grave space or the cemetery company

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


                                  40

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






    CS for SB 2016                          Second Engrossed (ntc)



 1  company or other entity owning and operating a cemetery may

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

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

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

 5         Section 32.  Subsection (9) is added to section

 6  497.333, Florida Statutes, to read:

 7         497.333  Disclosure of information to public.--A

 8  licensee offering to provide burial rights, merchandise, or

 9  services to the public shall:

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

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

12  gravesite.

13         Section 33.  Subsection (5) of section 497.361, Florida

14  Statutes, is amended, and subsections (6) and (7) are added to

15  that section, to read:

16         497.361  Registration of monument establishments.--

17         (5)  Monuments not shall be delivered within a

18  specified timeframe shall be considered a breach of contract

19  unless the monument establishment has a written agreement to

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

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

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

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

24  This subsection does not preclude the purchase and

25  installation of a new monument from any other registered

26  monument establishment or certificateholder as established by

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

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

29  extensions. Extensions may be granted by the executive

30  director.

31  


                                  41

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






    CS for SB 2016                          Second Engrossed (ntc)



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

 2  the Department of Financial Services and must provide a

 3  complete description of any monument, marker, or related

 4  product to be delivered.

 5         (7)  A registration may not be transferred or assigned.

 6         Section 34.  Section 497.365, Florida Statutes, is

 7  created to read:

 8         497.365  Regulation of monument establishments.--

 9         (1)  The Department of Financial Services shall

10  establish an inspection program for all monument

11  establishments in accordance with the requirements of this

12  act.

13         (2)  The Department of Financial Services shall adopt

14  rules that shall include requirements for the approval of

15  contracts for memorials and related products, written

16  complaint procedures and mandatory response to consumer

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

18  ownership, the fingerprinting of owners, and appropriate

19  recordkeeping.

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

21  provisions of this act shall unreasonably restrict competition

22  or permit the restraint of trade and commerce.

23         Section 35.  Section 497.371, Florida Statutes, is

24  created to read:

25         497.371  Monument establishment business location.--

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

27  specific street address or location consisting of an office

28  and manufacturing space, including a display area for

29  monuments, markers, and related products. The place where the

30  establishment is located must comply with the local government

31  


                                  42

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






    CS for SB 2016                          Second Engrossed (ntc)



 1  zoning regulations and may not be located on tax-exempt

 2  property.

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

 4  monument location open to the public during normal business

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

 6  monuments and related products.

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

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

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

10  Services.

11         Section 36.  Section 497.379, Florida Statutes, is

12  created to read:

13         497.379  Licensure of monument establishments to sell

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

15  existing registered or unregistered monument establishment,

16  may not sell a preneed contract without first having obtained

17  a valid certificate of authority from the Department of

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

19  of authority as a monument establishment to sell preneed

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

21  in the operation and management of an establishment selling

22  monuments, markers, and related products.

23         Section 37.  Section 497.385, Florida Statutes, is

24  created to read:

25         497.385  Monument establishment; sales

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

27  related products for a monument establishment must register

28  with the board, including any person registered or licensed

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

30  monuments, markers, and related products for a monument

31  establishment that has been issued a certificate of authority


                                  43

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






    CS for SB 2016                          Second Engrossed (ntc)



 1  must register as a preneed agent pursuant to the requirements

 2  of this chapter.

 3         Section 38.  Section 497.391, Florida Statutes, is

 4  created to read:

 5         497.391  Monument establishment; preneed

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

 7  establishment may not write a preneed contract unless that

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

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

10  under a preneed contract for services or merchandise shall

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

12         Section 39.  Section 497.395, Florida Statutes, is

13  created to read:

14         497.395  Licensed monument establishment; financial

15  requirements.--

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

17  of authority as a licensed monument establishment must have a

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

19  establishment holding a certificate of authority or a monument

20  establishment applicant must meet and maintain the

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

22  perform its obligation for all existing preneed contracts.

23         (2)  All licensed monument establishments holding a

24  Certificate of Authority or an applicant must submit its most

25  recent year-end financial statements, including a balance

26  sheet and income statement, with the certificate of authority

27  application and annually thereafter as provided in s.

28  497.407(1). The financial statement must be prepared in

29  accordance with generally accepted accounting principles, as

30  those principles have been defined by the Florida Board of

31  Accountancy in the Florida Administrative Code.  If the


                                  44

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






    CS for SB 2016                          Second Engrossed (ntc)



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

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

 3  current liabilities, or does not appear to have any

 4  substantial long-term assets, the department shall request

 5  additional financial information concerning financial

 6  statements and the statement of cash flow.

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

 8  preneed contracts" means the total retail value of all

 9  outstanding preneed contracts. There shall be an annual fee

10  for the renewal of the monument establishment certificate of

11  authority based on the following sales volume for total

12  preneed contracts:

13         (a)  Five hundred dollars for a certificateholder that

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

15         (b)  Seven hundred and fifty dollars for a

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

17         (c)  One thousand dollars for a certificateholder that

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

19         (d)  Twelve hundred fifty dollars for a

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

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

22  certificate of authority or a licensed dealer applicant

23  offering preneed sales through a subsidiary agent as provided

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

25  certificateholder or applicant must execute a guarantee

26  agreement with respect to any contract obligations resulting

27  from preneed sales of such a selling agent.

28         (5)  If the certificateholder or applicant does not

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

30  may voluntarily submit to the board additional evidence or

31  agree to additional oversight as to meeting the requirements


                                  45

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






    CS for SB 2016                          Second Engrossed (ntc)



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

 2  certificate of authority.  Such additional evidence or

 3  oversight shall include, as appropriate:

 4         (a)  An agreement to submit monthly financial

 5  statements of the entity;

 6         (b)  An agreement to submit quarterly financial

 7  statements of the entity;

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

 9  opinion of the entity's assets;

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

11  owners;

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

13  principal owners;

14         (f)  An indemnification or subrogation agreement

15  binding the entity and principal owners;

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

17  principal owners;

18         (h)  Written explanation of past financial activity;

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

20  that includes:

21         1.  A statement of cash flows;

22         2.  Proforma income statements, with sources of

23  revenues identified; and

24         3.  Marketing initiatives;

25         (j)  Submission of previous department examination

26  reports; or

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

28  entity.

29         Section 40.  Subsections (1) and (4) of section

30  497.405, Florida Statutes, are amended to read:

31         497.405  Certificate of authority required.--


                                  46

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






    CS for SB 2016                          Second Engrossed (ntc)



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

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

 3  arrangement for a preneed contract without first having a

 4  valid certificate of authority.

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

 6  497.003, may sell, advertise to sell, or make an arrangement

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

 8  unless such person is authorized pursuant to this chapter to

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

10  at-need basis.

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

12  religious-institution-owned cemeteries exempt under s.

13  497.003(1)(d), in counties with a population of at least

14  960,000 persons on July 1, 1996, with respect to the sale to

15  the religious institution's members and their families of

16  interment rights, mausoleums, crypts, cremation niches and

17  cremation interment containers, vaults, liners, urns,

18  memorials, vases, foundations, memorial bases, floral

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

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

21  cremation niches and cremation interment containers, if such

22  cemeteries have engaged in the sale of preneed contracts prior

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

24  end of each fiscal year of the cemetery.

25         Section 41.  Subsection (4) of section 497.419, Florida

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

27  section, to read:

28         497.419  Cancellation of, or default on, preneed

29  contracts.--

30         (4)  Each certificateholder shall provide in

31  conspicuous type in its contract that the contract purchaser


                                  47

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






    CS for SB 2016                          Second Engrossed (ntc)



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

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

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

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

 5  to make such provision shall not impair the contract

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

 7  this section.

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

 9  after interment shall be considered a breach of contract

10  unless the certificateholder has a written agreement to extend

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

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

13  shall be made within 30 days after receipt by the

14  certificateholder of the purchaser's written request for a

15  refund. Nothing in this subsection shall preclude the purchase

16  and installation of a new monument from any other registered

17  monument establishment or certificateholder.

18         Section 42.  Subsection (4) of section 497.436, Florida

19  Statutes, is amended to read:

20         497.436  Inactive and revoked certificateholders.--

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

22  the contract purchaser, the board may:

23         (a)  shall Review the certificateholder's:

24         1.(a)  Trust funds.

25         2.(b)  Trust agreements.

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

27         (b)  Perform other procedures the board deems

28  necessary.

29         Section 43.  Section 497.310, Florida Statutes, is

30  created to read:

31         497.310  Recording purchase of burial rights.--


                                  48

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






    CS for SB 2016                          Second Engrossed (ntc)



 1         (1)  Any person purchasing a burial right, belowground

 2  crypt, grave space, mausoleum, columbarium, ossuary, or

 3  scattering garden for the interment, entombment, inurnment, or

 4  other disposition of human remains may, at the person's

 5  option, permanently record the purchase of the burial right,

 6  belowground crypt, grave space, mausoleum, columbarium,

 7  ossuary, or scattering garden with the clerk of the court in

 8  the county where the burial right, belowground crypt, grave

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

10  is located.

11         (2)  The clerk of the court shall record the evidence

12  of the purchase of a burial right, belowground crypt, grave

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

14  presented to him or her for recording, upon payment of the

15  service charge of $5 for the first page and $2 for each

16  additional page or fraction thereof of the purchase documents.

17         Section 44.  Except as otherwise expressly provided in

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

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  49

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