HB 0495 2003
1	A bill to be entitled
2	An act relating to funeral and cemetery services;
3	providing a popular name; providing for transfer of all
4	records, personnel, property, and unexpended balances of
5	appropriations, allocations, or other funds for the
6	administration of ch. 497, F.S., relating to funeral and
7	cemetery services, from the Department of Banking and
8	Finance to the Department of Business and Professional
9	Regulation; preserving the validity of judicial and
10	administrative proceedings pending at the time of such
11	transfer and the validity of licenses and registrations in
12	effect at the time of such transfer; terminating the Board
13	of Funeral Directors and Embalmers and the Board of
14	Funeral and Cemetery Services; creating the Board of
15	Funeral Directors and Cemeteries and providing for
16	appointment, qualifications, and staggering of terms of
17	members; amending ss. 20.165, 455.2226, 470.002, 497.005,
18	497.105, 497.115, 497.117, and 497.131, F.S.; revising
19	terminology and references, to conform; amending s.
20	215.321, F.S., relating to the Regulatory Trust Fund, to
21	remove deposit therein of funds received pursuant to ch.
22	497, F.S.; amending s. 470.003, F.S.; revising board
23	membership and qualifications; providing for board
24	headquarters; revising terminology, to conform; amending
25	s. 470.005, F.S.; authorizing the board to adopt rules
26	relating to supervision of direct disposers by funeral
27	directors; amending s. 470.017, F.S.; increasing college
28	credit course requirements for registration as a direct
29	disposer; amending s. 470.018, F.S.; increasing continuing
30	education requirements for renewal of registration as a
31	direct disposer; amending s. 470.0295, F.S.; eliminating
32	an exception to the requirement that a licensed funeral
33	director be present during the disinterment and
34	reinterment of human remains; requiring a permit prior to
35	the disinterment of human remains; providing rulemaking
36	authority; providing a penalty; removing an exception to
37	being considered a disinterment or reinterment; amending
38	s. 470.0355, F.S.; revising requirements for the
39	identification of human remains; providing rulemaking
40	authority; providing for civil and criminal penalties;
41	providing for recovery of actual and punitive damages;
42	amending s. 497.002, F.S.; providing legislative intent
43	with respect to department and board oversight and
44	enforcement; amending s. 497.103, F.S.; requiring the
45	board to adopt by rule minimum requirements for various
46	aspects of the funeral and cemetery industry; requiring
47	the board to establish by rule reasonable times for access
48	to cemeteries; amending ss. 497.201 and 497.253, F.S.;
49	reducing the number of contiguous acres required for a
50	cemetery; exempting certain cemeteries; requiring
51	applicants for cemetery company licensure to file a
52	complete proposed site plan; requiring licensees to file a
53	complete site plan within a specified time; revising
54	terminology, to conform; amending s. 497.301, F.S.;
55	requiring consumer information relating to funeral and
56	cemetery services to be provided through the toll-free
57	telephone hotline; requiring the department or the board
58	to develop materials and consumer information relating to
59	regulation of the death care industry and to disseminate
60	consumer complaint resolution information; amending s.
61	497.325, F.S.; clarifying applicability of certain illegal
62	tying arrangements to all entities owning and operating a
63	cemetery; amending s. 497.333, F.S.; requiring each
64	customer of burial rights, merchandise, or services to be
65	provided a current copy of the bylaws of the licensee
66	offering such services and a map of the cemetery and
67	physical description of the burial right purchased;
68	requiring each written contract provided to a customer to
69	provide complete descriptions of any burial right to be
70	used for the interment of human remains and any monument,
71	marker, or memorialization to be placed at the grave site;
72	repealing s. 497.361(5), F.S., relating to requirements
73	for delivery and deadlines for installation of monuments;
74	amending s. 497.419, F.S.; providing that failure to
75	install a monument within a specified period after
76	interment constitutes breach of contract; authorizing
77	extension of such period by written agreement; amending
78	ss. 497.233 and 497.429, F.S.; conforming cross
79	references; amending s. 497.439, F.S.; requiring
80	applicants for registration as a preneed sales agent to
81	have a criminal background check, complete a board-
82	approved course in funeral and cemetery law, rules, and
83	ethics, and pass an examination; providing continuing
84	education requirements for renewal of a registration;
85	creating s. 497.442, F.S.; prohibiting the preneed sale of
86	undeveloped cemetery property prior to the filing of a
87	site plan for board approval; requiring site plans for
88	undeveloped cemetery property to be completed by a
89	professional surveyor and mapper; providing penalties;
90	repealing s. 497.101, F.S., relating to the Board of
91	Funeral and Cemetery Services, to conform; repealing s.
92	497.107, F.S., relating to the headquarters of the board,
93	to conform; repealing s. 497.109, F.S., relating to
94	organization and meetings of the board, to conform;
95	amending s. 382.008, F.S.; requiring a funeral director to
96	file an addendum to the death certificate to include the
97	cemetery address and location within the cemetery where
98	the body is buried; providing effective dates.
99
100	Be It Enacted by the Legislature of the State of Florida:
101
102	Section 1. This act shall be known by the popular name
103	"The Funeral and Cemetery Services Industry Regulatory
104	Unification Act."
105	Section 2. All of the records, personnel, property, and
106	unexpended balances of appropriations, allocations, or other
107	funds for the administration of chapter 497, Florida Statutes,
108	shall be transferred by a type two transfer as defined in s.
109	20.06(2), Florida Statutes, from the Department of Banking and
110	Finance to the Department of Business and Professional
111	Regulation.
112	Section 3. The transfer of regulatory authority over
113	chapter 497, Florida Statutes, provided by this act shall not
114	affect the validity of any judicial or administrative proceeding
115	pending as of September 30, 2003, and the Department of Business
116	and Professional Regulation shall be substituted for the
117	Department of Banking and Finance as a party in interest.
118	Section 4. Notwithstanding the transfer of regulatory
119	authority over chapter 497, Florida Statutes, provided by this
120	act, all licenses and registrations issued pursuant to chapter
121	497, Florida Statutes, which are valid on September 30, 2002,
122	shall remain in effect subject to the provisions of chapter 497,
123	Florida Statutes.
124	Section 5. (1)(a) Notwithstanding s. 470.003, Florida
125	Statutes, the initial Board of Funeral Directors and Cemeteries
126	within the Department of Business and Professional Regulation
127	created pursuant to s. 470.003, Florida Statutes, shall consist
128	of 13 members as set forth in this section.
129	(b) The initial appointments shall draw, where possible,
130	from persons presently serving on the Board of Funeral Directors
131	and Embalmers and the Board of Funeral and Cemetery Services.
132	Members drawn from these two boards shall serve as appointed to
133	the new board for the remainder of their originally assigned
134	terms. As these terms lapse, these appointments shall be
135	eliminated from the new board until the membership is reflective
136	of the appointments made pursuant to s. 470.003, Florida
137	Statutes. All subsequent appointments shall be made pursuant to
138	s. 470.003, Florida Statutes.
139	(2) The initial appointments made to the board pursuant to
140	this section shall be as follows:
141	(a) Five members must be funeral directors licensed under
142	chapter 470, Florida Statutes, no more than two of whom may be
143	associated with a cemetery company through ownership interests
144	or through employment with a company licensed under chapter 497,
145	Florida Statutes.
146	(b) Four members must be owners or operators of a cemetery
147	licensed under chapter 497, Florida Statutes.
148	(c) One member who must be a monument dealer affiliated
149	with a monument establishment registered under chapter 497,
150	Florida Statutes.
151	(d) Three members must be residents of the state who have
152	never been licensed as funeral directors or embalmers and who
153	are in no way connected with a cemetery, the death care
154	industry, or the practice of embalming, funeral directing, or
155	direct disposition.
156	(3) This section shall take effect upon this act becoming
157	a law.
158	Section 6. Paragraph (a) of subsection (4) of section
159	20.165, Florida Statutes, is amended to read:
160	20.165 Department of Business and Professional
161	Regulation.--There is created a Department of Business and
162	Professional Regulation.
163	(4)(a) The following boards are established within the
164	Division of Professions:
165	1. Board of Architecture and Interior Design, created
166	under part I of chapter 481.
167	2. Florida Board of Auctioneers, created under part VI of
168	chapter 468.
169	3. Barbers' Board, created under chapter 476.
170	4. Florida Building Code Administrators and Inspectors
171	Board, created under part XII of chapter 468.
172	5. Construction Industry Licensing Board, created under
173	part I of chapter 489.
174	6. Board of Cosmetology, created under chapter 477.
175	7. Electrical Contractors' Licensing Board, created under
176	part II of chapter 489.
177	8. Board of Employee Leasing Companies, created under part
178	XI of chapter 468.
179	9. Board of Funeral Directors and CemeteriesEmbalmers,
180	created under chapter 470.
181	10. Board of Landscape Architecture, created under part II
182	of chapter 481.
183	11. Board of Pilot Commissioners, created under chapter
184	310.
185	12. Board of Professional Engineers, created under chapter
186	471.
187	13. Board of Professional Geologists, created under
188	chapter 492.
189	14. Board of Professional Surveyors and Mappers, created
190	under chapter 472.
191	15. Board of Veterinary Medicine, created under chapter
192	474.
193	Section 7. Section 215.321, Florida Statutes, is amended
194	to read:
195	215.321 Regulatory Trust Fund.--All funds received
196	pursuant to ss. 494.001-494.0077, chapter 497,chapter 516,
197	chapter 520, or part I of chapter 559 shall be deposited into
198	the Regulatory Trust Fund.
199	Section 8. Subsection (1) of section 455.2226, Florida
200	Statutes, is amended to read:
201	455.2226 Funeral directors and embalmers; instruction on
202	HIV and AIDS.--
203	(1) The Board of Funeral Directors and Cemeteries
204	Embalmersshall require each person licensed or certified under
205	chapter 470 to complete a continuing educational course,
206	approved by the board, on human immunodeficiency virus and
207	acquired immune deficiency syndrome as part of biennial
208	relicensure or recertification. The course shall consist of
209	education on the modes of transmission, infection control
210	procedures, clinical management, and prevention of human
211	immunodeficiency virus and acquired immune deficiency syndrome.
212	Such course shall include information on current Florida law on
213	acquired immune deficiency syndrome and its impact on testing,
214	confidentiality of test results, and treatment of patients.
215	Section 9. Subsection (2) of section 470.002, Florida
216	Statutes, is amended to read:
217	470.002 Definitions.--As used in this chapter:
218	(2) "Board" means the Board of Funeral Directors and
219	CemeteriesEmbalmers.
220	Section 10. Section 470.003, Florida Statutes, is amended
221	to read:
222	470.003 Board of Funeral Directors and Cemeteries
223	Embalmers; membership; appointment; terms; headquarters.--
224	(1) The Board of Funeral Directors and Cemeteries
225	Embalmersis created within the Department of Business and
226	Professional Regulation and shall consist of ninesevenmembers
227	appointed by the Governor and confirmed by the Senate.
228	(2) FourFivemembers of the board must be funeral
229	directors licensed under this chapter, no more than two of whom
230	may be associated with a cemetery company through ownership
231	interests or through employment with a company which has an
232	ownership interest in a cemetery. Two members must be owners or
233	operators of a cemetery licensed under chapter 497.The
234	remainingTwo members must be residents of the state who have
235	never been licensed as funeral directors or embalmers and who
236	are in no way connected with a cemetery, the death care
237	industry, or the practice of embalming, funeral directing, or
238	direct disposition. One member must be a monument dealer
239	affiliated with a monument establishment registered under
240	chapter 497.At least one consumer member of the board must be
241	60 years of age or older. No licensee on the board may be
242	associated by employment or ownership with a funeral
243	establishment or cemetery which is owned partly or wholly by a
244	person, business, corporation, or other entity which is
245	associated with another licensee on the board.
246	(3) The Governor shall appoint members for terms of 4
247	years, and such members shall serve until their successors are
248	appointed.
249	(4) The board may be contacted through the headquarters of
250	the department in the City of Tallahassee.
251	(5)(4)All provisions of chapter 455 and s. 20.165
252	relating to activities of regulatory boards shall apply.
253	Section 11. Subsection (3) of section 470.005, Florida
254	Statutes, is amended to read:
255	470.005 Rulemaking authority of board and department.--
256	(3) The board shall adopt rules which establish
257	requirements for inspection of direct disposal establishments,
258	funeral establishments, and cinerator facilities and the records
259	directly relating to the regulated activities of the licensee to
260	ensure compliance with the provisions of this chapter and rules
261	adopted hereunder. The board may adopt rules which require the
262	direct or indirect supervision of direct disposers by funeral
263	directors.Such rules shall include, but not be limited to,
264	requirements to inspect for compliance with federal and state
265	laws relating to the receiving, handling, storage, and disposal
266	of biohazardous and hazardous waste.
267	Section 12. Paragraph (d) of subsection (2) of section
268	470.017, Florida Statutes, is amended to read:
269	470.017 Registration as a direct disposer.--
270	(2) Any person who desires to be registered as a direct
271	disposer shall file an application with the department on a form
272	furnished by the department. The department shall register each
273	applicant who has remitted a registration fee set by the
274	department, not to exceed $200; has completed the application
275	form and remitted a nonrefundable application fee set by the
276	department, not to exceed $50; and meets the following
277	requirements:
278	(d) Has received a passing grade in the followinga
279	college credit courses, as provided by rule of the board:course
280	in Florida mortuary law, ethics, microbiology/infectious
281	diseases, thanatology, and accounting.
282	Section 13. Subsection (2) of section 470.018, Florida
283	Statutes, is amended to read:
284	470.018 Renewal of registration of direct disposer.--
285	(2) The department shall adopt rules establishing a
286	procedure for the biennial renewal of registrations. The board
287	shall prescribe by rule continuing education requirements of up
288	to 63classroom hours and may by rule establish criteria for
289	accepting alternative nonclassroom continuing education on an
290	hour-for-hour basis, in addition to a board-approved course on
291	communicable diseases that includes the course on human
292	immunodeficiency virus and acquired immune deficiency syndrome
293	required by s. 455.2226, for the renewal of a registration.
294	Section 14. Section 470.0295, Florida Statutes, is amended
295	to read:
296	470.0295 Disinterment; transportation; authorization and
297	notification.--
298	(1) The disinterment and reinterment of human remains
299	shall require the physical presence of a licensed funeral
300	director, unless the reinterment is to be made in the same
301	cemetery.
302	(2) In order to ensure that any disinterment or
303	transportation of a dead human body is conducted in a manner
304	that properly protects the public health, safety, and welfare,
305	the board may adopt rules to regulate the disinterment and
306	transportation of human remains.
307	(3)(a)The funeral director shall obtain written
308	authorization from a legally authorized person or a court of
309	competent jurisdiction and must obtain a disinterment permit
310	from the departmentprior to the disinterment and reinterment of
311	a dead human body.
312	(b) The board, in consultation with the Department of
313	Health, shall adopt rules governing the issuance of disinterment
314	permits.
315	(c) Any person who violates this subsection commits a
316	misdemeanor of the first degree, punishable as provided in s.
317	775.082 or s. 775.083.
318	(4) Notification must be provided to the board and
319	department as provided in s. 470.029.
320	(5) The removal of human remains from a designated
321	temporary storage area to a place of permanent burial within a
322	cemetery shall not be considered a disinterment or reinterment.
323	Section 15. Section 470.0355, Florida Statutes, is amended
324	to read:
325	470.0355 Identification of human remains.--
326	(1) The licensee or registrant in charge of the final
327	disposition of dead human remains shall, prior to final
328	disposition of such dead human remains, affix on the ankle or
329	wrist of the deceased, and affix on or otherwise attach toor in
330	the casket and outer burial container or anyalternative
331	container or cremation container, proper identification of the
332	dead human remains. The identification or tag shall be encased
333	in or consist of durable and long-lasting material containing
334	the name, date of birth, and date of death, and social security
335	numberof the deceased, if available. If the dead human remains
336	are cremated, proper identification shall be placed in the
337	container or urn containing the remains.
338	(2) Any licensee or registrant responsible for removal of
339	dead human remains to any establishment, facility, or location
340	shall ensure that the remains are identified by a tag or other
341	means of identification that is affixed to the ankle or wrist of
342	the deceased at the time the remains are removed from the place
343	of death or other location.
344	(3) Any licensee or registrant may rely on the
345	representation of a legally authorized person to establish the
346	identity of dead human remains.
347	(4) The board shall adopt rules pursuant to ss. 120.536(1)
348	and 120.54 necessary to implement the requirements and operating
349	procedures for the identification of human remains set forth in
350	this section.
351	(5) The board may file an action for civil penalties of
352	$10,000 against any licensee or registrant who violates this
353	section or any rule adopted under this section. A licensee or
354	registrant is entitled to a hearing pursuant to chapter 120 to
355	contest the fine.
356	(6) In addition to any other remedies provided under law,
357	a party who is injured by a violation of this section may file a
358	civil action for recovery of actual and punitive damages,
359	including attorney’s fees and costs. This subsection does not
360	limit any right or remedy provided under law.
361	(7) A person who violates this section commits a felony of
362	the third degree, punishable as provided in s. 775.082 or s.
363	775.083.
364	Section 16. Subsection (1) of section 497.002, Florida
365	Statutes, is amended to read:
366	497.002 Purpose and intent.--
367	(1)(a)The Legislature recognizes that purchasers of
368	preneed burial rights, funeral or burial merchandise, or funeral
369	or burial services may suffer serious economic harm if purchase
370	money is not set aside for future use as intended by the
371	purchaser and that the failure to maintain cemetery grounds
372	properly may cause significant emotional stress. Therefore, it
373	is necessary in the interest of the public welfare to regulate
374	certificateholders, licensees, registrants, and cemetery
375	companies in this state. However, restrictions shall be imposed
376	only to the extent necessary to protect the public from
377	significant or discernible harm or damage and not in a manner
378	which will unreasonably affect the competitive market.
379	(b) The Legislature intends that the department and board
380	place equal emphasis on regulating cemeteries and sales of
381	preneed funeral merchandise and services and provide swift and
382	effective discipline for those persons who violate this chapter,
383	including, but not limited to, taking enforcement action on all
384	such violations, including violations revealed in examinations,
385	inspections, and consumer complaints.
386	Section 17. Subsections (4) and (16) of section 497.005,
387	Florida Statutes, are amended to read:
388	497.005 Definitions.--As used in this chapter:
389	(4) "Board" means the Board of Funeral Directors and
390	Cemeteries created under s. 470.003Cemetery Services.
391	(16) "Department" means the Department of Business and
392	Professional RegulationBanking and Finance.
393	Section 18. Section 497.103, Florida Statutes, is amended
394	to read:
395	497.103 Rulemaking authority of board and department.--
396	(1) The board has authority to adopt rules pursuant to ss.
397	120.536(1) and 120.54 to implement provisions of this chapter
398	conferring duties upon it. The department may adopt rules
399	pursuant to ss. 120.536(1) and 120.54 to administer provisions
400	of this chapter conferring duties upon it. The board or the
401	department may also adopt rules to allow for the electronic
402	submission of any applications, documents, or fees required by
403	this chapter. The board or the department may adopt rules to
404	authorize the board or the department to accept certification of
405	compliance with certain requirements of this chapter in lieu of
406	requiring submission of the documents.
407	(2) The board shall adopt rules which establish:
408	(a)Requirements for inspection of cemeteries.
409	(b) Minimum requirements for grave size and spacing.
410	(c) Minimum requirements for the identification of inner
411	and outer burial containers.
412	(d) Minimum requirements for the supervision and
413	documentation of interment and disinterment of human remains.
414	(e) Minimum education requirements for cemetery managers
415	for a board-approved course in funeral and cemetery laws, rules,
416	and ethics.
417	(f) Minimum education and continuing education
418	requirements for at need and preneed sales agents, which must
419	include a board-approved course in funeral and cemetery laws,
420	rules, and ethics.
421	(g) Minimum financial requirements to establish a
422	cemetery, which may include additional trust requirements for
423	cemeteries of less than 30 acres.
424	(h) Requirements for the testing of persons registered as
425	preneed sales agents pursuant to s. 497.439 in the area of
426	funeral and cemetery law, rules, and ethics.
427	(3) The board shall adopt and enforce rules governing the
428	operation of cemeteries in this state and arrange for the
429	preparation, publication, and dissemination to the public of
430	these rules and other information and material relevant to the
431	operation of cemeteries. Such rules shall include establishing
432	reasonable times for access to all cemeteries, including the
433	time of day and days of the week for access to install monuments
434	and markers.
435	(4) The department shall examine the financial affairs of
436	any cemetery company and any preneed sales certificateholder.
437	Section 19. Section 497.105, Florida Statutes, is amended
438	to read:
439	497.105 Department of Banking and Finance;Powers and
440	duties of department.--The department of Banking and Finance
441	shall:
442	(1) Adopt rules establishing procedures for the renewal of
443	licenses, registrations, and certificates of authority.
444	(2) Appoint the executive director of the board of Funeral
445	and Cemetery Services, subject to the approval of the board.
446	(3) With the advice of the board, submit a biennial budget
447	to the Legislature at a time and in the manner provided by law.
448	(4) Develop a training program for persons newly appointed
449	to membership on the board. The program shall familiarize such
450	persons with the substantive and procedural laws and rules which
451	relate to the regulation under this chapter and with the
452	structure of the department.
453	(5) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
454	implement the provisions of this chapter conferring duties upon
455	it.
456	(6) Establish by rule procedures by which the department
457	shall use the expert or technical advice of the board, for the
458	purposes of investigation, inspection, audit, evaluation of
459	applications, other duties of the department, or any other areas
460	the department may deem appropriate.
461	(7) Require all proceedings of the board or panels thereof
462	within the department and all formal or informal proceedings
463	conducted by the department, an administrative law judge, or a
464	hearing officer with respect to licensing, registration,
465	certification, or discipline to be electronically recorded in a
466	manner sufficient to ensure the accurate transcription of all
467	matters so recorded.
468	(8) Select only those investigators approved by the board.
469	Such investigators shall report to and work in coordination
470	with the executive director of the board and are responsible for
471	all inspections and investigations other than financial
472	examinations.
473	Section 20. Section 497.115, Florida Statutes, is amended
474	to read:
475	497.115 Board rules; final agency action; challenges.--
476	(1) The departmentComptrollershall have standing to
477	challenge any rule or proposed rule of the board pursuant to s.
478	120.56. In addition to challenges for any invalid exercise of
479	delegated legislative authority, the administrative law judge,
480	upon such a challenge by the departmentComptroller, may declare
481	all or part of a rule or proposed rule invalid if it:
482	(a) Does not protect the public from any significant and
483	discernible harm or damages;
484	(b) Unreasonably restricts competition or the availability
485	of professional services in the state or in a significant part
486	of the state; or
487	(c) Unnecessarily increases the cost of professional
488	services without a corresponding or equivalent public benefit.
489
490	However, there shall not be created a presumption of the
491	existence of any of the conditions cited in this subsection in
492	the event that the rule or proposed rule is challenged.
493	(2) In addition, either the departmentComptrolleror the
494	board shall be a substantially interested party for purposes of
495	s. 120.54(7). The board may, as an adversely affected party,
496	initiate and maintain an action pursuant to s. 120.68
497	challenging the final agency action.
498	Section 21. Section 497.117, Florida Statutes, is amended
499	to read:
500	497.117 Legal and investigative services.--
501	(1) The department of Legal Affairsshall provide legal
502	services to the board as provided in s. 455.221within the
503	Department of Banking and Finance, but the primary
504	responsibility of the Department of Legal Affairs shall be to
505	represent the interests of the citizens of the state by
506	vigorously counseling the board with respect to its obligations
507	under the laws of the state. Subject to the prior approval of
508	the Attorney General, the board may retain independent legal
509	counsel to provide legal advice to the board on a specific
510	matter. Fees and costs of such counsel shall be paid from the
511	Regulatory Trust Fund of the Department of Banking and Finance.
512	(2) The department of Banking and Financemay employ or
513	utilize the legal services of outside counsel and the
514	investigative services of outside personnel. However, no
515	attorney employed or utilized by the department shall prosecute
516	a matter or provide legal services to the board with respect to
517	the same matter.
518	Section 22. Subsections (1), (4), and (8) of section
519	497.131, Florida Statutes, are amended to read:
520	497.131 Disciplinary proceedings.--
521	(1) The department shall cause to be investigated any
522	complaint which is filed before it if the complaint is in
523	writing, signed by the complainant, and legally sufficient. A
524	complaint is legally sufficient if it contains ultimate facts
525	which show that a violation of this chapter, or of any rule
526	promulgated by the department or board has occurred. In order to
527	determine legal sufficiency, the department may require
528	supporting information or documentation. The department may
529	investigate or continue to investigate, and the department and
530	the board may take appropriate final action on, a complaint even
531	though the original complainant withdraws it or otherwise
532	indicates her or his desire not to cause the complaint to be
533	investigated or prosecuted to completion. The department may
534	investigate an anonymous complaint if the complaint is in
535	writing and is legally sufficient, if the alleged violation of
536	law or rules is substantial, and if the department has reason to
537	believe, after preliminary inquiry, that the alleged violations
538	in the complaint are true. The department may investigate a
539	complaint made by a confidential informant if the complaint is
540	legally sufficient, if the alleged violation of law or rule is
541	substantial, and if the department has reason to believe, after
542	preliminary inquiry, that the allegations of the complainant are
543	true. The department may initiate an investigation if it has
544	reasonable cause to believe that a person has violated a state
545	statute, a rule of the department, or a rule of the board. When
546	an investigation of any person is undertaken, the department
547	shall promptly furnish to the person or her or his attorney a
548	copy of the complaint or document which resulted in the
549	initiation of the investigation. The person may submit a written
550	response to the information contained in such complaint or
551	document within 20 days after service to the person of the
552	complaint or document. The person's written response shall be
553	considered by the probable cause panel. This right to respond
554	shall not prohibit the department from issuing a summary
555	emergency order if necessary to protect the public. However, if
556	the departmentComptroller or her or his designeeand the chair
557	of the board or the chair of its probable cause panel agree in
558	writing that such notification would be detrimental to the
559	investigation, the department may withhold notification. The
560	department may conduct an investigation without notification to
561	any person if the act under investigation is a criminal offense.
562	(4) The determination as to whether probable cause exists
563	shall be made by majority vote of the probable cause panel of
564	the board. The board shall provide, by rule, that the
565	determination of probable cause shall be made by a panel of its
566	members or by the department. The board may provide, by rule,
567	for multiple probable cause panels composed of at least two
568	members. The board may provide, by rule, that one or more
569	members of the panel or panels may be a former board member. The
570	length of term or repetition of service of any such former board
571	member on a probable cause panel may vary according to the
572	direction of the board when authorized by board rule. Any
573	probable cause panel must include one of the board's former or
574	present consumer members, if one is available, willing to serve,
575	and is authorized to do so by the board chair. Any probable
576	cause panel must include a present board member. Any probable
577	cause panel must include a former or present professional board
578	member. However, any former professional board member serving on
579	the probable cause panel must hold an active valid license for
580	that profession. All probable cause proceedings conducted
581	pursuant to the provisions of this section are exempt from the
582	provisions of s. 286.011 and s. 24(b), Art. I of the State
583	Constitution. The probable cause panel may make a reasonable
584	request, and upon such request the department shall provide such
585	additional investigative information as is necessary to the
586	determination of probable cause. A request for additional
587	investigative information shall be made within 15 days from the
588	date of receipt by the probable cause panel of the investigative
589	report of the department. The probable cause panel shall make
590	its determination of probable cause within 30 days after receipt
591	by it of the final investigative report of the department. The
592	departmentComptrollermay grant extensions of the 15-day and
593	the 30-day time limits. If the probable cause panel does not
594	find probable cause within the 30-day time limit, as may be
595	extended, or if the probable cause panel finds no probable
596	cause, the department may determine, within 10 days after the
597	panel fails to determine probable cause or 10 days after the
598	time limit has elapsed, that probable cause exists. If the
599	probable cause panel finds that probable cause exists, it shall
600	direct the department to file a formal complaint against the
601	licensee. The department shall follow the directions of the
602	probable cause panel regarding the filing of a formal complaint.
603	If directed to do so, the department shall file a formal
604	complaint against the subject of the investigation and prosecute
605	that complaint pursuant to the provisions of chapter 120.
606	However, the department may decide not to prosecute the
607	complaint if it finds that probable cause had been improvidently
608	found by the panel. In such cases, the department shall refer
609	the matter to the board. The board may then file a formal
610	complaint and prosecute the complaint pursuant to the provisions
611	of chapter 120. The department shall also refer to the board any
612	investigation or disciplinary proceeding not before the Division
613	of Administrative Hearings pursuant to chapter 120 or otherwise
614	completed by the department within 1 year after the filing of a
615	complaint. A probable cause panel or the board may retain
616	independent legal counsel, employ investigators, and continue
617	the investigation as it deems necessary; all costs thereof shall
618	be paid from the department's Regulatory Trust Fund. All
619	proceedings of the probable cause panel shall be exempt from the
620	provisions of s. 120.525.
621	(8) Any proceeding for the purpose of summary suspension
622	of a license, or for the restriction of a license, of a licensee
623	pursuant to s. 120.60(6) shall be conducted by the secretary of
624	the departmentComptrolleror her or his designee, who shall
625	issue the final summary order.
626	Section 23. Subsections (2) and (3) of section 497.201,
627	Florida Statutes, are amended to read:
628	497.201 Cemetery companies; license; application; fee.--
629	(2) The department may require any person desiring to
630	establish a cemetery company who applies for a license to
631	provide any information reasonably necessary to make a
632	determination of the applicant's eligibility for licensure. Any
633	person desiring to establish a cemetery company shall first:
634	(a) File an application, which states the exact location
635	of the proposed cemetery, which site shall contain not less than
636	1530contiguous acres; provide a financial statement signed by
637	all officers of the company which attest to a net worth of at
638	least $50,000, which net worth must be continuously maintained
639	as a condition of licensure; and pay an application fee of
640	$5,000;
641	(b) Create a legal entity; and
642	(c) Demonstrate to the satisfaction of the board that the
643	applicant possesses the ability, experience, financial
644	stability, and integrity to operate a cemetery.
645	(3) If the board finds that the applicant meets the
646	criteria established in subsection (2), the department shall
647	notify the applicant that a license will be issued when:
648	(a) The establishment of a care and maintenance trust fund
649	containing not less than $50,000 has been certified by a trust
650	company operating pursuant to chapter 660, a state or national
651	bank holding trust powers, or a savings and loan association
652	holding trust powers as provided in s. 497.423.
653	(b) The applicant has filed with the department
654	development plans which are sufficient to ensure the department
655	that the cemetery will provide adequate service to the community
656	and which have been approved by the appropriate local
657	governmental agency regulating zoning in the area of the
658	proposed cemetery.
659	(c) The applicant holds an unencumbered fee simple title
660	to at least 1530contiguous acres of land.
661	(d) The applicant has designated as general manager a
662	person who has integrity, 3 years of cemetery management
663	experience as defined by board rule, and the ability to operate
664	a cemetery.
665	(e) The applicant has fully developed not less than 2
666	acres for use as burial space, such development to include a
667	paved road from a public roadway to the developed section.
668	(f) The applicant has filed with the board for approval a
669	complete proposed site plan of the cemetery. Each site plan must
670	be completed by a professional surveyor and mapper licensed
671	under chapter 472. Within 1 year after the effective date of
672	this act, each cemetery company that has not previously done so
673	shall file with the board for approval a complete site plan for
674	the entire cemetery which must be completed by a professional
675	surveyor and mapper licensed under chapter 472.
676	(g)(f)The applicant has recorded, in the public records
677	of the county in which the land is located, a notice which
678	contains the following language:
679
680	NOTICE
681
682	The property described herein shall not be sold, conveyed,
683	leased, mortgaged, or encumbered without the prior written
684	approval of the Department of Business and Professional
685	RegulationBanking and Finance, as provided in the Florida
686	Funeral and Cemetery Services Act.
687
688	Such notice shall be clearly printed in boldfaced type of not
689	less than 10 points and may be included on the face of the deed
690	of conveyance to the licensee or may be contained in a separate
691	recorded instrument which contains a description of the
692	property.
693	Section 24. Paragraph (x) of subsection (1) of section
694	497.233, Florida Statutes, is amended to read:
695	497.233 Disciplinary proceedings.--
696	(1) The following acts constitute grounds for which the
697	disciplinary actions in subsection (2) may be taken:
698	(x) Sale of an irrevocable preneed contract to a person
699	who is not an applicant for or recipient of Supplemental
700	Security Income, Aid to Families with Dependent Children, or
701	Medicaid pursuant to s. 497.419(8)(7).
702	Section 25. Section 497.253, Florida Statutes, is amended
703	to read:
704	497.253 Minimum acreage; sale or disposition of cemetery
705	lands.--
706	(1) Each licensee shall set aside a minimum of 1530
707	contiguous acres of land for use by the licensee as a cemetery
708	and shall not sell, mortgage, lease, or encumber that property
709	without prior written approval of the department.
710	(2) Any lands owned by a licensee and dedicated for use by
711	it as a cemetery, which are contiguous, adjoining, or adjacent
712	to the minimum of 1530contiguous acres described in subsection
713	(1), may be sold, conveyed, or disposed of by the licensee,
714	after obtaining written approval of the department pursuant to
715	subsection (3), for use by the new owner for other purposes than
716	as a cemetery. All of the human remains which have been
717	previously interred therein shall first have been removed from
718	the lands proposed to be sold, conveyed, or disposed of;
719	however, the provisions of ss. 470.0295 and 497.515(7) must be
720	complied with prior to any disinterment of human remains. Any
721	and all titles, interests, or burial rights which may have been
722	sold or contracted to be sold in lands which are the subject of
723	the sale shall be conveyed to and revested in the licensee prior
724	to consummation of any such sale, conveyance, or disposition.
725	(3)(a) If the property to be sold, conveyed, or disposed
726	of under subsection (2) has been or is being used for the
727	permanent interment of human remains, the applicant for approval
728	of such sale, conveyance, or disposition shall cause to be
729	published, at least once a week for 4 consecutive weeks, a
730	notice meeting the standards of publication set forth in s.
731	125.66(4)(b)2. The notice shall describe the property in
732	question and the proposed noncemetery use and shall advise
733	substantially affected persons that they may file a written
734	request for a hearing pursuant to chapter 120, within 14 days
735	after the date of last publication of the notice, with the
736	department if they object to granting the applicant's request to
737	sell, convey, or dispose of the subject property for noncemetery
738	uses.
739	(b) If the property in question has never been used for
740	the permanent interment of human remains, no notice or hearing
741	is required.
742	(c) If the property in question has been used for the
743	permanent interment of human remains, the department shall
744	approve the application, in writing, if it finds that it would
745	not be contrary to the public interest. In determining whether
746	to approve the application, the department shall consider any
747	evidence presented concerning the following:
748	1. The historical significance of the subject property, if
749	any.
750	2. The archaeological significance of the subject
751	property, if any.
752	3. The public purpose, if any, to be served by the
753	proposed use of the subject property.
754	4. The impact of the proposed change in use of the subject
755	property upon the reasonable expectations of the families of the
756	deceased regarding whether the cemetery property was to remain
757	as a cemetery in perpetuity.
758	5. Whether any living relatives of the deceased actively
759	oppose the relocation of their deceased's remains and the
760	conversion of the subject property to noncemetery uses.
761	6. The elapsed time since the last interment in the
762	subject property.
763	7. Any other factor enumerated in this chapter that the
764	department considers relevant to the public interest.
765	(d) Any deed, mortgage, or other conveyance by a cemetery
766	company or other owner pursuant to paragraphssubsections(a)
767	and (c) abovemust contain a disclosure in the following or
768	substantially similar form:
769
770	NOTICE: The property described herein was formerly used and
771	dedicated as a cemetery. Conveyance of this property and its use
772	for noncemetery purposes was authorized by the Florida
773	Department of Business and Professional RegulationBanking and
774	Financeby Order No. _____, dated _____.
775
776	(e) The department shall adopt such rules as are necessary
777	to carry out the provisions of this section.
778	(4) A licensee may convey and transfer to a municipality
779	or county its real and personal property, together with moneys
780	deposited in trust funds pursuant to this chapter, provided the
781	municipality or county will accept responsibility for
782	maintenance thereof and prior written approval of the department
783	is obtained.
784	(5) The provisions of subsections (1) and (2) relating to
785	a requirement for minimum acreage doshallnot apply to any
786	cemetery company licensed by the department on or before July 1,
787	20032001, which owns a total of less than 30 acres of land;
788	however, no cemetery company shall dispose of any land without
789	the prior written consent of the department.
790	Section 26. Section 497.301, Florida Statutes, is amended
791	to read:
792	497.301 Toll-free telephone number for complaints and
793	consumer information; development and dissemination of consumer
794	information.--
795	(1)The department shall establish and operate a toll-free
796	telephone hotline to receive complaints and provide information
797	relating to the regulation under this chapter and other consumer
798	information.
799	(2) The department or the board shall develop materials
800	and consumer information that describe regulation of the entire
801	death care industry and develop and disseminate consumer
802	complaint resolution information.
803	Section 27. Subsection (2) of section 497.325, Florida
804	Statutes, is amended to read:
805	497.325 Illegal tying arrangements.--
806	(2)(a) Noncemetery licensed persons and firms shall have
807	the right to sell monuments and to perform or provide on
808	cemetery property foundation, preparation, and installation
809	services for monuments. However, a cemetery company or any other
810	entity owning and operating a cemeterymay establish reasonable
811	rules regarding the style and size of a monument or its
812	foundation, provided such rules are applicable to all monuments
813	from whatever source obtained and are enforced uniformly as to
814	all monuments. Such rules shall be conspicuously posted and
815	readily accessible to inspection and copy by interested persons.
816	(b) No person who is authorized to sell grave space and no
817	cemetery company or other entity owning and operating a cemetery
818	may:
819	1. Require the payment of a setting or service charge, by
820	whatever name known, from third party installers for the
821	placement of a monument;
822	2. Refuse to provide care or maintenance for any portion
823	of a gravesite on which a monument has been placed; or
824	3. Waive liability with respect to damage caused by
825	cemetery employees or agents to a monument after installation,
826
827
828	where the monument or installation service is not purchased from
829	the person authorized to sell grave space or the cemetery
830	company or other legal entityproviding grave space or from or
831	through any other person or corporation designated by the person
832	authorized to sell grave space or the cemetery company or other
833	legal entity providing grave space. No cemetery company or
834	other entity owning and operating a cemeterymay be held liable
835	for the improper installation of a monument where the monument
836	is not installed by the cemetery company or its agents or by
837	such other entity or its agents.
838	Section 28. Subsections (5) and (6) of section 497.333,
839	Florida Statutes, are amended, present subsections (7) and (8)
840	are renumbered as subsections (8) and (9), and a new subsection
841	(7) is added to said section, to read:
842	497.333 Disclosure of information to public.--A licensee
843	offering to provide burial rights, merchandise, or services to
844	the public shall:
845	(5) Provide to the customer, upon request,a current copy
846	of the bylaws of the licensee.
847	(6) Provide to the customer, upon the purchase of any
848	burial right, merchandise, or service, a written contract, the
849	form of which has been approved by the board.
850	(a)The written contract shall be completed as to all
851	essential provisions prior to the signing of the contract by the
852	customer and must.
853	(b) The written contract shall provide:
854	(a)An itemization of the amounts charged for all
855	services, merchandise, and fees, which itemization shall be
856	clearly and conspicuously segregated from everything else on the
857	written contract.
858	(b)(c)A description of the merchandise covered by the
859	contract to include, when applicable, model, manufacturer, and
860	other relevant specifications.
861	(c) A complete description of any burial right to be used
862	for the interment of human remains.
863	(d) A complete description of any monument, marker, or
864	memorialization to be placed at the grave site.
865	(7) Provide to the customer a map of the cemetery and the
866	physical description of the burial right purchased, including
867	dimensions and other pertinent information.
868	Section 29. Subsection (5) of section 497.361, Florida
869	Statutes, is repealed:
870	497.361 Registration of monument establishments.--
871	(5) Monuments shall be delivered as established by this
872	chapter and installed no later than 120 days after the date of
873	sale. The establishment may request two 30-day extensions.
874	Extensions may be granted by the executive director.
875	Section 30. Present subsections (6) through (10) of
876	section 497.419, Florida Statutes, are renumbered as subsections
877	(7) through (11), respectively, and a new subsection(6) is added
878	to said section to read:
879	497.419 Cancellation of, or default on, preneed
880	contracts.--
881	(6) Failure to install a monument within 180 days after
882	interment shall be considered a breach of contract unless the
883	certificateholder has a written agreement to extend the
884	installation date. The purchaser shall be entitled to a refund
885	of all money paid for the merchandise. Such refund shall be made
886	within 30 days after receipt by the certificateholder of the
887	contract purchaser's written request for a refund. Nothing in
888	this subsection shall preclude the purchase and installation of
889	a new monument from any other registered monument dealer.
890	Section 31. Subsection (9) of section 497.429, Florida
891	Statutes, is amended to read:
892	497.429 Alternative preneed contracts.--
893	(9) The contract may provide that the certificateholder
894	may cancel the contract, but only in the event that the
895	purchaser is more than 90 days in default of the terms of the
896	contract; and, unless subject to the provisions of s.
897	497.419(7)(6), must provide that the purchaser, or her or his
898	representative, has the right, at any time prior to the
899	performance of the contract, to cancel the preneed contract and
900	revest title to all the funds paid on the preneed contract,
901	except for applicable liquidated damages, and the
902	certificateholder's rights in the net income of the trust.
903	Section 32. Section 497.439, Florida Statutes, is amended
904	to read:
905	497.439 Preneed sales agents.--
906	(1) All individuals who offer preneed contracts to the
907	public, or who execute preneed contracts on behalf of a
908	certificateholder, including all individuals who offer, sell, or
909	sign contracts for the preneed sale of burial rights, shall be
910	registered with the board as preneed sales agents, pursuant to
911	this section, unless such individuals are licensed as funeral
912	directors pursuant to this chapter 470.
913	(2) All preneed sales agents and funeral directors acting
914	as preneed sales agents must be affiliated with the
915	certificateholder that they are representing.
916	(3) A certificateholder shall be responsible for the
917	activities of all preneed sales agents and all funeral directors
918	acting as preneed sales agents, who are affiliated with the
919	certificateholder and who perform any type of preneed-related
920	activity on behalf of the certificateholder. In addition to the
921	preneed sales agents and funeral directors acting as preneed
922	sales agents, each certificateholder shall also be subject to
923	discipline if its preneed sales agents or funeral directors
924	acting as preneed sales agents violate any provision of this
925	chapter.
926	(4) A preneed sales agent and a funeral director acting as
927	a preneed sales agent shall be authorized to sell, offer, and
928	execute preneed contracts on behalf of all entities owned or
929	operated by its sponsoring certificateholder.
930	(5) An individual may begin functioning as a preneed sales
931	agent as soon as a completed application for registration, as
932	set forth in subsection (7), is approved by the boardsent to
933	the department.
934	(6) The qualifications for a preneed sales agent are as
935	follows:
936	(a) The applicant must be at least 18 years of age.
937	(b) The applicant must be in good standing with the board.
938	(c) The applicant must not have any felony or misdemeanor
939	convictions that relate to any activity regulated by this
940	chapter.
941	(d) The applicant must have a criminal background check
942	and complete a board-approved course in funeral and cemetery
943	law, rules, and ethics and must pass an examination approved by
944	the board and administered by the department with a score as
945	specified in board rule. The applicant may not commence
946	operating as a preneed sales agent until the department has
947	received the results of the criminal background check and the
948	applicant is given permission by the board or department to
949	begin operating as a preneed sales agent.
950	(7) An application for registration as a preneed sales
951	agent shall be submitted to the department with an application
952	fee of $100 by the certificateholder in a form that has been
953	prescribed by department rule and approved by the board. Such
954	application shall contain, at a minimum, the following:
955	(a) The name, address, social security number, and date of
956	birth of the applicant and such other information as the board
957	may reasonably require of the applicant.
958	(b) The name, address, and license number of the
959	sponsoring certificateholder.
960	(c) A representation, signed by the applicant, that the
961	applicant meets the requirements set forth in subsection (6).
962	(d) A representation, signed by the certificateholder,
963	that the applicant is authorized to offer, sell, and sign
964	preneed contracts on behalf of the certificateholder, and that
965	the certificateholder has trained the applicant in the
966	provisions of this chapter relating to preneed sales as
967	determined by the board, the provisions of the
968	certificateholder's preneed contract, and the nature of the
969	merchandise, services, or burial rights sold by the
970	certificateholder.
971	(e) A statement indicating whether the applicant has any
972	type of working relationship with any other certificateholder or
973	insurance company.
974	(8) An individual may be registered as a preneed sales
975	agent on behalf of more than one certificateholder, provided
976	that the individual has received the written consent of all such
977	certificateholders.
978	(9) A certificateholder who has registered a preneed sales
979	agent shall notify the department within 30 days after such
980	individual's status as a preneed sales agent has been
981	terminated.
982	(10) Upon receipt of an application that complies with all
983	of the requirements of subsection (7), the department shall
984	register the applicant. The department shall by rule provide for
985	biennial renewal of registration and a renewal fee of $150.
986	(11) The board shall prescribe by rule continuing
987	education requirements of up to 6 classroom hours and may by
988	rule establish criteria for accepting alternative nonclassroom
989	continuing education on an hour-for-hour basis for renewal of a
990	registration.
991	Section 33. Section 497.442, Florida Statutes, is created
992	to read:
993	497.442 Preneed sale of undeveloped cemetery
994	property.--The preneed sale of undeveloped cemetery property
995	prior to the filing of a site plan for board approval is
996	prohibited. Each site plan for undeveloped cemetery property
997	submitted to the board for approval must be completed by a
998	professional surveyor and mapper licensed under chapter 472.
999	Section 34. Sections 497.101, 497.107, and 497.109,
1000	Florida Statutes, are repealed.
1001	Section 35. Section 382.008, Florida Statutes, is amended
1002	to read:
1003	382.008 Death and fetal death registration.--
1004	(1) A certificate for each death and fetal death which
1005	occurs in this state shall be filed on a form prescribed by the
1006	department with the local registrar of the district in which the
1007	death occurred within 5 days after such death and prior to final
1008	disposition, and shall be registered by such registrar if it has
1009	been completed and filed in accordance with this chapter or
1010	adopted rules. The certificate shall include the decedent's
1011	social security number, if available. In addition, each
1012	certificate of death or fetal death:
1013	(a) If requested by the informant, shall include aliases
1014	or "also known as" (AKA) names of a decedent in addition to the
1015	decedent's name of record. Aliases shall be entered on the face
1016	of the death certificate in the space provided for name if there
1017	is sufficient space. If there is not sufficient space, aliases
1018	may be recorded on the back of the certificate and shall be
1019	considered part of the official record of death;
1020	(b) If the place of death is unknown, shall be registered
1021	in the registration district in which the dead body or fetus is
1022	found within 5 days after such occurrence; and
1023	(c) If death occurs in a moving conveyance, shall be
1024	registered in the registration district in which the dead body
1025	was first removed from such conveyance.
1026	(2) The funeral director who first assumes custody of a
1027	dead body or fetus shall file the certificate of death or fetal
1028	death. In the absence of the funeral director, the physician or
1029	other person in attendance at or after the death shall file the
1030	certificate of death or fetal death. The person who files the
1031	certificate shall obtain personal data from the next of kin or
1032	the best qualified person or source available. The medical
1033	certification of cause of death shall be furnished to the
1034	funeral director, either in person or via certified mail, by the
1035	physician or medical examiner responsible for furnishing such
1036	information. For fetal deaths, the physician, midwife, or
1037	hospital administrator shall provide any medical or health
1038	information to the funeral director within 72 hours after
1039	expulsion or extraction.
1040	(3) Within 72 hours after receipt of a death or fetal
1041	death certificate from the funeral director, the medical
1042	certification of cause of death shall be completed and made
1043	available to the funeral director by the physician in charge of
1044	the decedent's care for the illness or condition which resulted
1045	in death, the physician in attendance at the time of death or
1046	fetal death or immediately before or after such death or fetal
1047	death, or the medical examiner if the provisions of s. 382.011
1048	apply. The physician or medical examiner shall certify over his
1049	or her signature the cause of death to the best of his or her
1050	knowledge and belief.
1051	(a) The local registrar may grant the funeral director an
1052	extension of time upon a good and sufficient showing of any of
1053	the following conditions:
1054	1. An autopsy is pending.
1055	2. Toxicology, laboratory, or other diagnostic reports
1056	have not been completed.
1057	3. The identity of the decedent is unknown and further
1058	investigation or identification is required.
1059	(b) If the physician or medical examiner has indicated
1060	that he or she will sign and complete the medical certification
1061	of cause of death, but will not be available until after the 5-
1062	day registration deadline, the local registrar may grant an
1063	extension of 5 days. If a further extension is required, the
1064	funeral director must provide written justification to the
1065	registrar.
1066	(4) If the local registrar has granted an extension of
1067	time to provide the medical certification of cause of death, the
1068	funeral director shall file a temporary certificate of death or
1069	fetal death which shall contain all available information,
1070	including the fact that the cause of death is pending. The
1071	physician or medical examiner shall provide an estimated date
1072	for completion of the permanent certificate.
1073	(5) Within 10 days after the interment of a body in this
1074	state, the funeral director handling the interment shall file an
1075	addendum to the death certificate which provides the address of
1076	the cemetery and specific location within the cemetery where the
1077	body is interred.
1078	(6)(5)A permanent certificate of death or fetal death,
1079	containing the cause of death and any other information which
1080	was previously unavailable, shall be registered as a replacement
1081	for the temporary certificate. The permanent certificate may
1082	also include corrected information if the items being corrected
1083	are noted on the back of the certificate and dated and signed by
1084	the funeral director, physician, or medical examiner, as
1085	appropriate.
1086	(7)(6)The original certificate of death or fetal death
1087	shall contain all the information required by the department for
1088	legal, social, and health research purposes. All information
1089	relating to cause of death in all death and fetal death records
1090	and the parentage, marital status, and medical information
1091	included in all fetal death records of this state are
1092	confidential and exempt from the provisions of s. 119.07(1),
1093	except for health research purposes as approved by the
1094	department; nor may copies of the same be issued except as
1095	provided in s. 382.025.
1096	Section 36. Except as otherwise provided herein, this act
1097	shall take effect October 1, 2003.