HB 0015D 2003
1	A bill to be entitled
2	An act relating to funeral directing, embalming, direct
3	disposition, and cemetery services; amending s. 20.121,
4	F.S.; establishing the Division of Funeral, Cemetery, and
5	Consumer Services and the Board of Funeral, Cemetery, and
6	Consumer Services within the Department of Financial
7	Services; amending s. 20.165, F.S.; abolishing the Board
8	of Funeral Directors and Embalmers within the Department
9	of Business and Professional Regulation; amending ss.
10	497.005 and 470.002, F.S.; revising and providing
11	definitions; amending s. 455.2226, F.S.; conforming
12	terminology; repealing s. 470.003, F.S., relating to the
13	Board of Funeral Directors and Embalmers, to conform;
14	repealing ss. 497.105, 497.107, and 497.109, F.S.,
15	relating to the Department of Financial Services and the
16	Board of Funeral and Cemetery Services, to conform;
17	amending s. 497.101, F.S.; creating the Board of Funeral,
18	Cemetery, and Consumer Services; providing for the
19	appointment of board members; providing terms of office;
20	providing immunity from liability for members acting in an
21	official capacity; specifying the headquarters for the
22	board; providing for compensation and reimbursement for
23	per diem expenses; creating s. 497.102, F.S.; providing
24	for the authority of the board; creating s. 497.1021,
25	F.S.; providing duties of the Division of Funeral,
26	Cemetery, and Consumer Services; providing powers of
27	enforcement; creating s. 497.1022, F.S.; establishing the
28	office of the director of the division; providing duties
29	to the Chief Financial Officer under chapters 470 and 497,
30	F.S.; providing for type two transfer of the Board of
31	Funeral Directors and Embalmers to the Department of
32	Financial Services; providing for validity of judicial and
33	administrative actions; providing for validity of
34	licenses; providing for continuity of rules; abolishing
35	the Board of Funeral and Cemetery Services and the Board
36	of Funeral Directors and Embalmers; providing for deposit
37	of fees; providing for conforming of statutes; amending s.
38	470.002, F.S.; revising and providing definitions;
39	amending s. 470.0085, F.S.; extending the embalmer
40	apprentice period; amending s. 470.018, F.S.; increasing
41	continuing education requirement; amending s. 470.021,
42	F.S.; providing additional requirements to be a direct
43	disposal establishment; providing inspection requirements
44	and criteria; amending s. 470.024, F.S.; revising
45	requirements to be a funeral establishment; amending s.
46	470.025, F.S.; revising cremation requirements for
47	cinerator facilities relating to simultaneous cremations,
48	body parts, cremation containers, and the cremation
49	chamber; providing exemption from liability for
50	unintentional or incidental commingling of remains under
51	certain conditions; amending s. 470.0255, F.S.; providing
52	for cremation of parts of human bodies incidental to final
53	disposition; amending s. 470.028, F.S.; providing for
54	control and supervision of preneed agents; amending s.
55	470.029, F.S.; extending the filing time for reports of
56	bodies embalmed or handled; amending s. 470.031, F.S.;
57	prohibiting any guarantee on the future price of any goods
58	or services; providing penalties; amending s. 470.0355,
59	F.S.; revising requirements for identification of human
60	remains prior to final disposition; providing requirements
61	for identification of human remains in licensed and
62	unlicensed cemeteries and by direct disposal
63	establishments; reenacting s. 470.036(1)(a), F.S.,
64	relating to disciplinary proceedings, to incorporate the
65	amendment to s. 470.031, F.S., in a reference thereto;
66	amending s. 497.005, F.S.; revising and providing
67	definitions; amending s. 497.305, F.S.; requiring that a
68	cemetery company comply with its adopted bylaws; creating
69	s. 497.306, F.S.; providing dimension and spacing
70	standards for grave spaces; requiring a map of reference
71	markers and a land survey for areas proposed to be
72	developed by a licensed cemetery company; exempting adult
73	grave spaces previously established; creating s. 497.307,
74	F.S.; providing requirements for identification of human
75	remains in licensed cemeteries; amending s. 497.325, F.S.;
76	providing for procedures established by other entities
77	operating a cemetery; amending s. 497.333, F.S.; providing
78	for disclosure of certain information to customers;
79	amending s. 497.361, F.S.; providing remedies for certain
80	breaches of contract; providing for approval of contracts;
81	creating s. 497.365, F.S.; providing for regulation of
82	monument establishments by the Department of Financial
83	Services; providing for inspections; providing for rules;
84	providing that the department may not unreasonably
85	restrict commerce; creating s. 497.371, F.S.; providing
86	for specifications for business locations; creating s.
87	497.379, F.S.; providing for licensure of monument
88	establishments to sell preneed contracts; creating s.
89	497.385, F.S.; providing for registration of monument
90	sales representatives; creating s. 497.391, F.S.;
91	providing for approval of preneed contracts by the board;
92	creating s. 497.395, F.S.; providing financial
93	requirements for monument establishments; providing
94	requirements for minimum net worth; providing for
95	submission of financial statements; providing for minimum
96	sales volume with respect to preneed contracts; providing
97	for guarantee agreements; providing for additional
98	oversight in lieu of financial requirements; amending s.
99	497.405, F.S.; prohibiting any person from advertising for
100	sale or making any arrangement for a preneed contract
101	without having a valid certificate of authority; expanding
102	the exemption from the required certificate of authority
103	for certain religious-institution-owned cemeteries to
104	include the sale and opening or closing of cremation
105	interment containers to members and family members of the
106	religious institution; amending s. 497.419, F.S.;
107	requiring preneed contracts to include in the refund
108	notice the exclusion for amounts allocable to burial
109	rights, merchandise, and services used by the purchaser;
110	providing condition for breach of contract by
111	certificateholder and for rights of purchaser; amending s.
112	497.436, F.S.; authorizing the Board of Funeral and
113	Cemetery Services to review the trust funds, trust
114	agreements, and outstanding preneed contracts of, and
115	perform other procedures at its discretion with respect
116	to, a certificateholder filing notice to become inactive;
117	creating s. 497.310, F.S.; providing for the optional
118	recordation of burial rights; permitting the clerk of the
119	court to assess service charge fees; providing for
120	construction of the act in pari materia with laws enacted
121	during the 2003 Regular Session or any 2003 special
122	session of the Legislature; providing effective dates.
123
124	Be It Enacted by the Legislature of the State of Florida:
125
126	Section 1. Effective January 1, 2004, paragraph (n) is
127	added to subsection (2) of section 20.121, Florida Statutes, as
128	amended by section 69 of chapter 2003-261, Laws of Florida, and
129	subsection (4) is added to that section, to read:
130	20.121 Department of Financial Services.--There is created
131	a Department of Financial Services.
132	(2) DIVISIONS.--The Department of Financial Services shall
133	consist of the following divisions:
134	(n) The Division of Funeral, Cemetery, and Consumer
135	Services.
136	(4) BOARD OF FUNERAL, CEMETERY, AND CONSUMER
137	SERVICES.--There is created within the Department of Financial
138	Services the Board of Funeral, Cemetery, and Consumer Services.
139	Section 2. Effective January 1, 2004, paragraph (a) of
140	subsection (4) of section 20.165, Florida Statutes, is amended
141	to read:
142	20.165 Department of Business and Professional
143	Regulation.--There is created a Department of Business and
144	Professional Regulation.
145	(4)(a) The following boards are established within the
146	Division of Professions:
147	1. Board of Architecture and Interior Design, created
148	under part I of chapter 481.
149	2. Florida Board of Auctioneers, created under part VI of
150	chapter 468.
151	3. Barbers' Board, created under chapter 476.
152	4. Florida Building Code Administrators and Inspectors
153	Board, created under part XII of chapter 468.
154	5. Construction Industry Licensing Board, created under
155	part I of chapter 489.
156	6. Board of Cosmetology, created under chapter 477.
157	7. Electrical Contractors' Licensing Board, created under
158	part II of chapter 489.
159	8. Board of Employee Leasing Companies, created under part
160	XI of chapter 468.
161	9. Board of Funeral Directors and Embalmers, created under
162	chapter 470.
163	9.10.Board of Landscape Architecture, created under part
164	II of chapter 481.
165	10.11.Board of Pilot Commissioners, created under chapter
166	310.
167	11.12.Board of Professional Engineers, created under
168	chapter 471.
169	12.13.Board of Professional Geologists, created under
170	chapter 492.
171	13.14.Board of Professional Surveyors and Mappers,
172	created under chapter 472.
173	14.15.Board of Veterinary Medicine, created under chapter
174	474.
175	Section 3. Effective January 1, 2004, subsection (4) of
176	section 497.005, Florida Statutes, is amended, and subsections
177	(36) and (37) are added to that section, to read:
178	497.005 Definitions.--As used in this chapter:
179	(4) "Board" means the Board of Funeral, Cemetery, and
180	Consumer Services Funeral and Cemetery Services.
181	(36) "Director" means the director of the Division of
182	Funeral, Cemetery, and Consumer Services.
183	(37) "Division" means the Division of Funeral, Cemetery,
184	and Consumer Services within the Department of Financial
185	Services.
186	Section 4. Effective January 1, 2004, subsections (1) and
187	(2) of section 470.002, Florida Statutes, are amended to read:
188	470.002 Definitions.--As used in this chapter:
189	(1) "Department" means the Department of Financial
190	Services Business and Professional Regulation.
191	(2) "Board" means the Board of Funeral, Cemetery, and
192	Consumer Services Funeral Directors and Embalmers.
193	Section 5. Effective January 1, 2004, subsection (1) of
194	section 455.2226, Florida Statutes, is amended to read:
195	455.2226 Funeral directors and embalmers; instruction on
196	HIV and AIDS.--
197	(1) The Board of Funeral, Cemetery, and Consumer Services
198	Directors and Embalmersshall require each person licensed or
199	certified under chapter 470 to complete a continuing educational
200	course, approved by the board, on human immunodeficiency virus
201	and acquired immune deficiency syndrome as part of biennial
202	relicensure or recertification. The course shall consist of
203	education on the modes of transmission, infection control
204	procedures, clinical management, and prevention of human
205	immunodeficiency virus and acquired immune deficiency syndrome.
206	Such course shall include information on current Florida law on
207	acquired immune deficiency syndrome and its impact on testing,
208	confidentiality of test results, and treatment of patients.
209	Section 6. Effective January 1, 2004, sections 470.003,
210	497.105, 497.107, and 497.109, Florida Statutes, are repealed.
211	Section 7. Effective January 1, 2004, section 497.101,
212	Florida Statutes, is amended to read:
213	(Substantial rewording of section. See
214	s. 497.101, F.S., for present text.)
215	497.101 Board of Funeral, Cemetery, and Consumer Services;
216	membership; appointment; terms.--
217	(1) The Board of Funeral, Cemetery, and Consumer Services
218	is created within the Department of Financial Services and shall
219	consist of 10 members, nine of whom shall be appointed by the
220	Governor from nominations made by the Chief Financial Officer
221	and confirmed by the Senate. The Chief Financial Officer shall
222	nominate three persons for each of the nine vacancies on the
223	board, and the Governor shall fill each vacancy on the board by
224	appointing one of the three persons nominated by the Chief
225	Financial Officer to fill that vacancy. If the Governor objects
226	to each of the three nominations for a vacancy, she or he shall
227	inform the Chief Financial Officer in writing. Upon notification
228	of an objection by the Governor, the Chief Financial Officer
229	shall submit three additional nominations for that vacancy until
230	the vacancy is filled. One member must be the State Health
231	Officer or his or her designee.
232	(2) Two members of the board must be funeral directors
233	licensed under chapter 470 who are associated with a funeral
234	establishment. One member of the board must be a funeral
235	director licensed under chapter 470 who is associated with a
236	funeral establishment licensed pursuant to chapter 470 which has
237	a valid certificate of authority issued pursuant to this chapter
238	and who owns or operates a cinerator facility approved pursuant
239	to chapters 403 and 470. Two members of the board must be
240	persons whose primary occupation is associated with a cemetery
241	company licensed pursuant to this chapter. Three members of the
242	board must be consumers who are residents of the state who have
243	never been licensed as funeral directors or embalmers and not
244	connected with a cemetery or cemetery company licensed pursuant
245	to this chapter, the death care industry, the practice of
246	embalming, funeral directing, or direct disposition. One of the
247	consumer members must be at least 60 years of age or older and
248	one must be licensed as a certified public accountant pursuant
249	to this chapter 473. One member of the board shall be a monument
250	dealer licensed pursuant to this chapter. One member shall be
251	the State Health Officer or his or her designee.
252	(3) Board members shall be appointed for terms of 4 years
253	and the State Health Officer shall serve as long as that person
254	holds that office. The designee of the State Health Officer
255	shall serve at the pleasure of the Governor. When the terms of
256	the initial board members expire, the Chief Financial Officer
257	shall stagger the terms of the successor members as follows: one
258	funeral director, one cemetery representative, the monument
259	dealer, and one consumer member shall be appointed for terms of
260	2 years, and the remaining members shall be appointed for terms
261	of 4 years. All subsequent terms shall be for 4 years. The
262	Governor may suspend any board member for malfeasance or
263	misfeasance, neglect of duty, incompetence, substantial
264	inability to perform official duties, commission of a crime, or
265	for other substantial cause as determined by the Governor to
266	evidence a lack of fitness to sit on the board. A board member
267	shall be deemed to have resigned his or her board membership,
268	and that position shall be deemed vacant, upon the failure of
269	the member to attend three consecutive meetings of the board or
270	at least half of the meetings of the board during any 12-month
271	period, unless the Chief Financial Officer determines that there
272	was good and adequate justification for the absences and that
273	such absences are not likely to continue.
274	(4) A current or former board member and a person serving
275	on the board's probable cause panels are exempt from any civil
276	liability for any act or omission when acting in good faith in
277	his or her official capacity, and the Department of Legal
278	Affairs and the Division of Risk Management shall defend such
279	board member in any civil action against such person arising
280	from any such act or omission.
281	(5) The headquarters and records of the board shall be in
282	the Division of Funeral, Cemetery, and Consumer Services of the
283	Department of Financial Services in Tallahassee. The Chief
284	Financial Officer shall annually appoint from among the board
285	members a chairperson and vice chairperson of the board. The
286	board shall meet at least every 6 months, and more often as it
287	deems necessary. Special meetings of the board shall be convened
288	upon the direction of the Chief Financial Officer. A quorum is
289	necessary for the conduct of business by the board, unless
290	otherwise provided by law, six board members other than the
291	board's executive director shall constitute a quorum for the
292	conduct of the board's business.
293	(6) A board member shall be compensated $50 for each day
294	the member attends an official meeting and each day the member
295	participates at the request of the board's executive director in
296	any other business involving the board. To the extent authorized
297	by s. 112.061, a board member is entitled to reimbursement for
298	expenses incurred in connection with official duties. Out-of-
299	state travel by board members on official business shall in each
300	specific instance require the advance approval of the board's
301	executive director in order for the travel to be eligible for
302	reimbursement of expenses.
303	Section 8. Effective January 1, 2004, section 497.102,
304	Florida Statutes, is created to read:
305	497.102 Authority of the board.--
306	(1) The board shall enforce and administer the provisions
307	of chapter 470 and this chapter. Notwithstanding s. 455.017, the
308	board shall administer those powers, duties, and functions in
309	chapter 455 which are necessary to enforce the provisions of
310	chapter 470.
311	(2) For purposes of enforcement of chapter 455 regarding
312	chapter 470, on and after January 1, 2004, references in chapter
313	455 to the Department of Business and Professional Regulation or
314	the secretary of that department, shall be read as referring to
315	the Department of Financial Services or the Chief Financial
316	Officer, as the context may indicate to be appropriate.
317	(3) The Department of Financial Services shall not adopt
318	any rule or publish any notice of proposed rule development as
319	provided in ss. 120.536-120.551 which affects the provisions of
320	chapter 455, chapter 470, or this chapter without first
321	presenting the rule or rules proposed for development to the
322	board for its review and recommendation, if any. This subsection
323	shall not apply to emergency rulemaking under s. 120.54(4).
324	Section 9. Effective January 1, 2004, section 497.1021,
325	Florida Statutes, is created to read:
326	497.1021 Division of Funeral, Cemetery, and Consumer
327	Services.--
328	(1) There is created within the Department of Financial
329	Services the Division of Funeral, Cemetery, and Consumer
330	Services. The division shall enforce the provisions of chapter
331	470 and this chapter and perform such other acts as may be
332	necessary to carry out the provisions thereof.
333	(2) The division shall provide all services concerning
334	chapter 470 and this chapter, including, but not limited to,
335	recordkeeping services, examination services, legal services,
336	and investigative services. Those services in chapter 455
337	necessary to perform the duties of chapter 470 shall be provided
338	by the division.
339	(3) Funds received as a result of settlements with
340	regulated entities and persons may be used by the division for
341	contracting for the training of auditors and the conduct of
342	examinations in order to enhance oversight and enforcement of
343	laws and regulations governing the activities of licensees.
344	Section 10. Effective January 1, 2004, section 497.1022,
345	Florida Statutes, is created to read:
346	497.1022 Director of the Division of Funeral, Cemetery,
347	and Consumer Services.--
348	(1) The office of the Director of the Division of Funeral,
349	Cemetery, and Consumer Services is created. The director is the
350	agency head of the division. The director shall be appointed by
351	the Chief Financial Officer and shall serve at the pleasure of
352	the Chief Financial Officer.
353	(2) The director shall be responsible for the preparation
354	of the board agenda, presentation of division staff
355	recommendations, and reports of the activities of the division
356	to the board and shall serve as the executive director of the
357	board and perform such other duties as may be assigned by the
358	Chief Financial Officer.
359	Section 11. Effective January 1, 2004, all duties
360	performed by the Secretary of Business and Professional
361	Regulation under chapter 470, Florida Statutes, and all duties
362	performed by the Chief Financial Officer under chapter 497,
363	Florida Statutes, shall be performed by the Chief Financial
364	Officer under the provisions of this act. The duties may be
365	delegated by the Chief Financial Officer to the Director of the
366	Division of the Funeral, Cemetery, and Consumer Services.
367	Section 12. (1) All of the statutory powers, duties and
368	functions, records, personnel, property, and unexpended balances
369	of appropriations, allocations, or other funds for the
370	administration of chapter 470, Florida Statutes, related to the
371	Board of Funeral Directors and Embalmers shall be transferred by
372	a type two transfer, as defined in s. 20.06(2), Florida
373	Statutes, from the Department of Business and Professional
374	Regulation to the Board of Funeral, Cemetery, and Consumer
375	Services within the Department of Financial Services.
376	(2) The transfer of regulatory authority over chapter 470,
377	Florida Statutes, provided by this act shall not affect the
378	validity of any judicial or administrative action involving the
379	Board of Funeral Directors and Embalmers or the Department of
380	Business and Professional Regulation pending on December 31,
381	2003, and the Department of Financial Services or the Board of
382	Funeral, Cemetery, and Consumer Services shall be substituted as
383	a party in interest in any such action.
384	(3) Notwithstanding the transfer of regulatory authority
385	over chapter 470, Florida Statutes, provided by this act, all
386	licenses and registrations issued pursuant to chapter 470,
387	Florida Statutes, that are valid on December 31, 2003, shall
388	remain in effect subject to the provisions of chapters 470 and
389	455, Florida Statutes.
390	(4) The rules of the Board of Funeral Directors and
391	Embalmers and the Department of Business and Professional
392	Regulation which were in effect on midnight, December 31, 2003,
393	shall become the rules of the Department of Financial Services
394	as is appropriate to the corresponding regulatory function and
395	shall remain in effect until specifically amended or repealed in
396	the manner provided by law.
397	(5) All of the statutory powers, duties, and functions,
398	records, personnel, property, and unexpended balances of
399	appropriations, allocations, or other funds for the
400	administration of chapter 497, Florida Statutes, related to the
401	Board of Funeral and Cemetery Services within the Department of
402	Financial Services shall be transferred by a type two transfer,
403	as defined in s. 20.06(2), Florida Statutes, to the Board of
404	Funeral, Cemetery, and Consumer Services within the Department
405	of Financial Services.
406	(6) The transfer of regulatory authority over chapter 497,
407	Florida Statutes, provided by this act shall not affect the
408	validity of any judicial or administrative action involving the
409	Board of Funeral and Cemetery Services pending on December 31,
410	2003, and the Board of Funeral, Cemetery, and Consumer Services
411	shall be substituted as a party in interest in any such action.
412	(7) Notwithstanding the transfer of regulatory authority
413	over chapter 497, Florida Statutes, provided by this act, all
414	licenses and registrations issued pursuant to chapter 497,
415	Florida Statutes, which are valid on December 31, 2003, shall
416	remain in effect subject to the provisions of chapter 497,
417	Florida Statutes.
418	(8) The rules of the Board of Funeral and Cemetery
419	Services which were in effect on midnight, December 31, 2003,
420	shall become the rules of the Department of Financial Services
421	and shall remain in effect until specifically amended or
422	repealed in the manner provided by law.
423	(9) This section shall take effect January 1, 2004.
424	Section 13. Effective midnight December 31, 2003, the
425	Board of Funeral and Cemetery Services and the Board of Funeral
426	Directors and Embalmers are abolished.
427	Section 14. Effective January 1, 2004, all fees collected
428	pursuant to the provisions of chapters 470 and 497, Florida
429	Statutes, shall be deposited in the Regulatory Trust Fund in the
430	Department of Financial Services.
431	Section 15. The Legislature recognizes that there is a
432	need to conform the Florida Statutes to the policy decisions
433	reflected in the provisions of this act. The Division of
434	Statutory Revision is directed to provide the relevant
435	substantive committees of the Senate and the House of
436	Representatives with assistance, upon request, to enable such
437	committees to prepare draft legislation to conform the Florida
438	Statutes to the provisions of this act.
439	Section 16. Section 470.002, Florida Statutes, as amended
440	by section 56 of chapter 2003-1, Laws of Florida, is amended to
441	read:
442	470.002 Definitions.--As used in this chapter:
443	(1)(15)"Alternative container" means a nonmetal
444	receptacle or enclosure which is less expensive than a casket
445	and of sufficient strength to be used to hold and transport a
446	dead human body.
447	(2)(22)"At-need solicitation" means any uninvited contact
448	by a funeral director or direct disposer for the purpose of the
449	sale of funeral services or merchandise to the family or next of
450	kin of a person after that person has died.
451	(3)(2)"Board" means the Board of Funeral Directors and
452	Embalmers.
453	(4) "Body parts" means:
454	(a) Limbs or other portions of the anatomy that are
455	removed from a person or human remains for medical purposes
456	during treatment, surgery, biopsy, autopsy, or medical research;
457	or
458	(b) Human bodies or any portions of human bodies which
459	have been donated to science for medical research purposes.
460	(5)(16)"Casket" means a rigid container which is designed
461	for the encasement of human remains for burial, andwhich is
462	usually constructed of wood or metal, ornamented, and lined with
463	fabric, and which may or may not be combustible.
464	(6)(27)"Centralized embalming facility" means a facility,
465	not physically connected with a funeral establishment, in which
466	embalming takes place.
467	(7)(14)"Cinerator" means a facility where dead human
468	bodies are reduced to a residue, including bone fragments, by
469	direct flame, also known as "cremation," or by intense heat,
470	also known as "calcination."
471	(8) "Closed container" means any container in which
472	cremated remains can be placed and closed in a manner so as to
473	prevent leakage or spillage of the remains.
474	(9) "Cremated remains" means all the remains of the human
475	body recovered after the completion of the cremation process,
476	including processing or pulverization which leaves only bone
477	fragments reduced to unidentifiable dimensions and may include
478	the residue of any foreign matter, including casket material,
479	bridgework, or eyeglasses that were cremated with the human
480	remains.
481	(10)(24) "Cremation" means the technical process, using
482	direct flame and heat or chemical means, that reduces human
483	remains to bone fragments through heat and evaporation.
484	Cremation includes the processing and usually includes the
485	pulverization of the bone fragments includes any mechanical or
486	thermal process whereby a dead human body is reduced to ashes
487	and bone fragments. Cremation also includes any other mechanical
488	or thermal process whereby human remains are pulverized, burned,
489	recremated, or otherwise further reduced in size or quantity.
490	(11) "Cremation chamber" means the enclosed space within
491	which the cremation process takes place. Cremation chambers
492	covered by these procedures must be used exclusively for the
493	cremation of human remains.
494	(12) "Cremation container" means the container in which
495	the human remains are transported to and placed in the cremation
496	chamber for a cremation. A cremation container should meet
497	substantially all of the following standards:
498	(a) Be composed of readily combustible materials suitable
499	for cremation.
500	(b) Be able to be closed in order to provide a complete
501	covering for the human remains.
502	(c) Be resistant to leakage or spillage.
503	(d) Be rigid enough to be handled with ease.
504	(e) Be able to provide protection for the health, safety,
505	and personal integrity of crematory personnel.
506	(13) "Cremation interment container" means a rigid outer
507	container that, subject to a cemetery's rules and regulations,
508	is composed of concrete, steel, fiberglass, or some similar
509	material in which an urn is placed prior to being interred in
510	the ground and that is designed to support the earth above the
511	urn.
512	(14)(1)"Department" means the Department of Business and
513	Professional Regulation.
514	(15)(8)"Direct disposal establishment" means a facility
515	registered under this chapter where a direct disposer practices
516	direct disposition.
517	(16)(9)"Direct disposer" means any person registered
518	under this chapter to practice direct disposition in this state.
519	(17)(28)"Disinterment" means removal of a dead human body
520	from earth interment or aboveground interment.
521	(18)(5)"Embalmer" means any person licensed under this
522	chapter to practice embalming in this state.
523	(19)(11)"Final disposition" means the final disposal of a
524	dead human body by earth interment, aboveground interment,
525	cremation, burial at sea, or delivery to a medical institution
526	for lawful dissection if the medical institution assumes
527	responsibility for disposal. "Final disposition" does not
528	include the disposal or distribution of ashes and residue of
529	cremated human remains.
530	(20)(13)"Funeral" or "funeral service" means the
531	observances, services, or ceremonies held to commemorate the
532	life of a specific deceased human being, and at which the human
533	remains are present.
534	(21)(3)"Funeral director" means any person licensed under
535	this chapter to practice funeral directing in this state.
536	(22)(7)"Funeral establishment" means a facility licensed
537	under this chapter where a funeral director or embalmer
538	practices funeral directing or embalming.
539	(23)(12)"Funeral merchandise" or "merchandise" means any
540	merchandise commonly sold in connection with the funeral, final
541	disposition, or memorialization of human remains, including, but
542	not limited to, caskets, outer burial containers, alternative
543	containers, cremation containers, cremation interment
544	containers,urns, monuments, private mausoleums, flowers,
545	shrubs, benches, vases, acknowledgment cards, register books,
546	memory folders, prayer cards, and clothing.
547	(24)(23)"Human remains" or "remains," "dead human body"
548	or "dead human bodies," means the body of a deceased human
549	person for which a death certificate or fetal death certificate
550	is required under chapter 382 and includes the body in any stage
551	of decomposition and the residue of cremated human bodies.
552	(25)(18)"Legally authorized person" means, in the
553	priority listed, the decedent, when written inter vivos
554	authorizations and directions are provided by the decedent, the
555	surviving spouse, unless the spouse has been arrested for
556	committing against the deceased an act of domestic violence as
557	defined in s. 741.28 that resulted in or contributed to the
558	death of the deceased, a son or daughter who is 18 years of age
559	or older, a parent, a brother or sister 18 years of age or over,
560	a grandchild who is 18 years of age or older, or a grandparent;
561	or any person in the next degree of kinship. In addition, the
562	term may include, if no family exists or is available, the
563	following: the guardian of the dead person at the time of death;
564	the personal representative of the deceased; the attorney in
565	fact of the dead person at the time of death; the health
566	surrogate of the dead person at the time of death; a public
567	health officer; the medical examiner, county commission or
568	administrator acting under part II of chapter 406, or other
569	public administrator; a representative of a nursing home or
570	other health care institution in charge of final disposition; or
571	a friend or other person not listed in this subsection who is
572	willing to assume the responsibility as authorized person. Where
573	there is a person in any priority class listed in this
574	subsection, the funeral establishment shall rely upon the
575	authorization of any one legally authorized person of that class
576	if that individual represents that he or she is not aware of any
577	objection to the cremation of the deceased's human remains by
578	others in the same class of the person making the representation
579	or of any person in a higher priority class.
580	(26) "Niche" means a compartment or cubicle for the
581	memorialization or permanent placement of a container or urn
582	containing cremated remains.
583	(27)(19)"Outer burial container" means an enclosure into
584	which a casket is placed, including, but not limited to, a vault
585	made of concrete, steel, fiberglass, or copper, a sectional
586	concrete enclosure, a crypt, or a wooden enclosure.
587	(28)(20)"Personal residence" means any residential
588	building in which one temporarily or permanently maintains his
589	or her abode, including, but not limited to, an apartment or a
590	hotel, motel, nursing home, convalescent home, home for the
591	aged, or a public or private institution.
592	(29)(10)"Practice of direct disposition" means the
593	cremation of human remains without preparation of the human
594	remains by embalming and without any attendant services or rites
595	such as funeral or graveside services or the making of
596	arrangements for such final disposition.
597	(30)(6)"Practice of embalming" means disinfecting or
598	preserving or attempting to disinfect or preserve dead human
599	bodies by replacing certain body fluids with preserving and
600	disinfecting chemicals.
601	(31)(4)"Practice of funeral directing" means the
602	performance by a licensed funeral director of any of those
603	functions authorized by s. 470.0087.
604	(32)(21)"Preneed sales agent" means any person who is
605	registered under chapter 497 to sell preneed burial or funeral
606	service and merchandise contracts or direct disposition
607	contracts in this state.
608	(33) "Processing" means the reduction of identifiable bone
609	fragments after the completion of the cremation process to
610	unidentifiable bone fragments by manual means.
611	(34) "Pulverization" means the reduction of identifiable
612	bone fragments after the completion of the cremation and
613	processing to granulated particles by manual or mechanical
614	means.
615	(35)(25)"Refrigeration facility" means a facility that is
616	not physically connected with a funeral establishment, crematory
617	or direct disposal establishment, that maintains space and
618	equipment for the storage and refrigeration of dead human
619	bodies, and that offers its service to funeral directors and
620	funeral establishments for a fee.
621	(36)(26)"Removal service" means any service that operates
622	independently of a funeral establishment, that handles the
623	initial removal of dead human bodies, and that offers its
624	service to funeral establishments and direct disposal
625	establishments for a fee.
626	(37)(17)"Solicitation" means any communication which
627	directly or implicitly requests an immediate oral response from
628	the recipient.
629	(38) "Temporary container" means a receptacle for cremated
630	remains usually made of cardboard, plastic, or similar material
631	designated to hold the cremated remains until an urn or other
632	permanent container is acquired.
633	(39) "Urn" means a receptacle designed to permanently
634	encase cremated remains.
635	Section 17. Section 470.0085, Florida Statutes, is amended
636	to read:
637	470.0085 Establishment of embalmer apprentice
638	program.--The board may adopt rules establishing an embalmer
639	apprentice program. An embalmer apprentice may perform only
640	those tasks, functions, and duties relating to embalming which
641	are performed under the direct supervision of a licensed
642	embalmer. An embalmer apprentice shall be eligible to serve in
643	an apprentice capacity for a period not to exceed 3 years 1 year
644	as may be determined by board rule or for a period not to exceed
645	5 3years if the apprentice is enrolled in and attending a
646	course in mortuary science or funeral service education at any
647	mortuary college or funeral service education college or school.
648	An embalmer apprentice shall be registered with the board upon
649	payment of a registration fee not to exceed $50.
650	Section 18. Subsection (2) of section 470.018, Florida
651	Statutes, is amended to read:
652	470.018 Renewal of registration of direct disposer.--
653	(2) The department shall adopt rules establishing a
654	procedure for the biennial renewal of registrations. The board
655	shall prescribe by rule continuing education requirements of up
656	to 6 3classroom hours and may by rule establish criteria for
657	accepting alternative nonclassroom continuing education on an
658	hour-for-hour basis, in addition to a board-approved course on
659	communicable diseases that includes the course on human
660	immunodeficiency virus and acquired immune deficiency syndrome
661	required by s. 455.2226, for the renewal of a registration.
662	Section 19. Subsections (2) and (5) of section 470.021,
663	Florida Statutes, are amended to read:
664	470.021 Direct disposal establishment; standards and
665	location; registration.--
666	(2) The practice of direct disposition must be engaged in
667	at a fixed location of at least 625 interior contiguous square
668	feet and must maintain or make arrangements for suitable
669	capacity for the refrigeration and storage of dead human bodies
670	handled and stored by the establishment. No person may open or
671	maintain an establishment at which to engage in or hold himself
672	or herself out as engaging in the practice of direct disposition
673	unless such establishment is registered with the board. Any
674	change in location of such establishment shall be reported
675	promptly to the board as prescribed by rule of the board.
676	(5)(a) Each direct disposal establishment shall at all
677	times be subject to the inspection of all its buildings,
678	grounds, and vehicles used in the conduct of its business, by
679	the department, the Department of Health, and local government
680	inspectors and by their agents. The board shall adopt rules
681	which establish such inspection requirements.
682	(b) The board shall set by rule an annual inspection fee
683	not to exceed $100, payable upon application for registration
684	and upon each renewal of such registration.
685	(c) Each cinerator facility shall be inspected prior to
686	the issuance and renewal of its license and shall:
687	1. Maintain one or more retorts for the reduction of dead
688	human bodies.
689	2. Maintain refrigeration which satisfies the standards
690	set by the Department of Health and which contains a sufficient
691	number of shelves for the average daily number of bodies stored,
692	if unembalmed bodies are kept at the site.
693	3. Maintain sufficient pollution control equipment to
694	comply with requirements of the Department of Environmental
695	Protection in order to secure annual approved certification.
696	4. Either have on site or immediately available sufficient
697	sealed containers of a type required for the transportation of
698	bodies as specified in Rule 10D-37.012, F.A.C.
699	5. Maintain the premises in a clean and sanitary
700	condition.
701	6. Have appropriate Department of Environmental Protection
702	permits.
703	7. Retain all signed contracts for a period of at least 2
704	years.
705	Section 20. Subsection (1) of section 470.024, Florida
706	Statutes, is amended to read:
707	470.024 Funeral establishment; licensure.--
708	(1) A funeral establishment shall be a place at a specific
709	street address or location consisting of at least 1,250
710	contiguous interior square feet and must maintain or make
711	arrangements for eithersuitable capacity for the refrigeration
712	and storage of dead human bodies handled and stored by the
713	establishment and ora preparation room equipped with necessary
714	ventilation and drainage and containing necessary instruments
715	for embalming dead human bodies or must make arrangements for a
716	preparation room as established by board rule.
717	Section 21. Subsections (6), (13), (14), and (15) of
718	section 470.025, Florida Statutes, are amended, and subsection
719	(16) is added to that section, to read:
720	470.025 Cinerator facility; licensure.--
721	(6) No more than one dead human body may be placed in a
722	retort at one time, unless written permission has been received
723	from a legally authorized person for each body. The operator of
724	a cinerator facility shall be entitled to rely on the permission
725	of a legally authorized person to cremate more than one human
726	body.
727	(13) A cinerator facility shall not place human remains or
728	body parts in a retort or cremation chamberunless the human
729	remains are in an alternative container, cremation container,or
730	casket. Human remains may be transported in a cremation
731	containeror stored if they are completely covered, and at all
732	times treated with dignity and respect. Cremation may include
733	the processing and pulverization of bone fragments. Cremated
734	remains may be placed in a temporary container following
735	cremation.None of the provisions contained in this subsection
736	require the purchase of a casket for cremation. This subsection
737	applies to at-need contracts and preneed contracts entered into
738	pursuant to chapter 497 after June 1, 1996.
739	(14) Each cinerator facility shall ensure that all
740	alternative containers, cremation containers,or caskets used
741	for cremation contain no amount of chlorinated plastics not
742	authorized by the Department of Environmental Protection, that
743	they also are composed of readily combustible materials suitable
744	for cremation, able to be closed to provide a complete covering
745	for the human remains, resistant to leakage or spillage, rigid
746	enough for handling with ease, and able to provide for the
747	health, safety, and personal integrity of the public and
748	crematory personnel.
749	(15) The board shall adopt, by rule, criteria for
750	acceptable cremation andalternative containers.
751	(16) The operator of a cinerator facility shall establish
752	written procedures for the removal of remains and bone
753	fragments, to the extent possible, resulting from the cremation
754	of a human body and the postcremation processing, shipping,
755	packing, or identifying of those remains. If an operator follows
756	these procedures, the operator is not liable for the
757	unintentional or incidental commingling of human remains and
758	bone fragments resulting from more than one cremation cycle or
759	from postcremation processing, shipping, packing, or identifying
760	of those remains. A copy of the procedures shall be available,
761	upon request, to the department and legally authorized persons.
762	Section 22. Section 470.0255, Florida Statutes, is amended
763	to read:
764	470.0255 Cremation; procedure required.--
765	(1) At the time of the arrangement for a cremation
766	performed by any person licensed pursuant to this chapter, the
767	person contracting for cremation services shall be required to
768	designate his or her intentions with respect to the disposition
769	of the cremated remains of the deceased in a signed declaration
770	of intent which shall be provided by and retained by the funeral
771	or direct disposal establishment. A cremation may not be
772	performed until a legally authorized person gives written
773	authorization for such cremation. The cremation must be
774	performed within 48 hours after a specified time which has been
775	agreed to in writing by the person authorizing the cremation.
776	(2) With respect to any person who intends to provide for
777	the cremation of the deceased, if, after a period of 120 days
778	from the time of cremation the cremated remains have not been
779	claimed, the funeral or direct disposal establishment may
780	dispose of the cremated remains. Such disposal shall include
781	scattering them at sea or placing them in a licensed cemetery
782	scatter garden or pond or in a church columbarium or otherwise
783	disposing of the remains as provided by rule of the department
784	or board.
785	(3) Pursuant to the request of a legally authorized person
786	and incidental to final disposition, cremation may be performed
787	on parts of human remains. This subsection does not authorize
788	the cremation of body parts as defined in s. 470.002.
789	Section 23. Section 470.028, Florida Statutes, is amended
790	to read:
791	470.028 Preneed sales; registration of agents; control and
792	supervision of agents.--
793	(1) All sales of preneed funeral service contracts or
794	direct disposition contracts shall be made pursuant to chapter
795	497.
796	(2) No person may act as an agent for a funeral
797	establishment or direct disposal establishment with respect to
798	the sale of preneed contracts unless such person is registered
799	pursuant to chapter 497.
800	(3) Each licensee or registrant shall be subject to
801	discipline if his or her agent violates any provision of this
802	chapter applicable to such licensee or registrant as established
803	by board rule.
804	(4)(a) The funeral director in charge of a funeral
805	establishment shall be responsible for the control and
806	activities of the establishment's preneed agents.
807	(b) The direct disposer in charge or a funeral director
808	acting as a direct disposer in charge of a direct disposal
809	establishment shall be responsible for the control and
810	activities of the establishment's preneed agents.
811	Section 24. Subsection (1) of section 470.029, Florida
812	Statutes, is amended to read:
813	470.029 Reports of cases embalmed and bodies handled.--
814	(1) Each funeral establishment, direct disposal
815	establishment, cinerator facility, and centralized embalming
816	facility shall report on a form prescribed and furnished by the
817	department the name of the deceased and such other information
818	as may be required with respect to each dead human body embalmed
819	or otherwise handled by the establishment or facility. Such
820	forms shall be signed by the embalmer who performs the
821	embalming, if the body is embalmed, and the funeral director in
822	charge of the establishment or facility or by the direct
823	disposer who disposes of the body. The board shall prescribe by
824	rule the procedures in submitting such documentation. Reports
825	required by this subsection shall be filed by the 20th 10thday
826	of each month for final dispositions handled the preceding
827	month.
828	Section 25. Section 470.031, Florida Statutes, is amended
829	to read:
830	470.031 Prohibitions; penalties.--
831	(1) No person may:
832	(a) Practice funeral directing, embalming, or direct
833	disposition unless the person holds an active license or
834	registration under this chapter.
835	(b) Use the name or title "funeral director," "embalmer,"
836	or "direct disposer" when the person has not been licensed or
837	registered pursuant to this chapter.
838	(c) Represent as his or her own the license or
839	registration of another.
840	(d) Give false or forged evidence to the board, a member
841	thereof, or the department for the purpose of obtaining a
842	license or registration.
843	(e) Use or attempt to use a license or registration which
844	has been suspended or revoked.
845	(f) Knowingly employ unlicensed persons in the practice of
846	funeral directing, embalming, or direct disposing.
847	(g) Knowingly conceal information relative to violations
848	of this chapter.
849	(h) Operate an unlicensed cinerator facility.
850	(i) Except as otherwise provided in chapter 497, guarantee
851	the price of goods and services at a future date.
852	(2) Any person who violates the provisions of this section
853	commits a misdemeanor of the second degree, punishable as
854	provided in s. 775.082 or s. 775.083.
855	Section 26. Section 470.0355, Florida Statutes, is amended
856	to read:
857	470.0355 Identification of human remains.--
858	(1) PRIOR TO FINAL DISPOSITION.--
859	(a)(1)The licensee or registrant in charge of the final
860	disposition of dead human remains shall, prior to final
861	disposition of such dead human remains, affix on the ankle or
862	wrist of the deceased, and orin the casket or alternative
863	container or cremation container, proper identification of the
864	dead human remains. The identification or tag shall be encased
865	in or consist of durable and long-lasting material containing
866	the name, date of birth, and date of death, and social security
867	numberof the deceased, if available. If the dead human remains
868	are cremated, proper identification shall be placed in the
869	container or urn containing the remains.
870	(b)(2)Any licensee or registrant responsible for removal
871	of dead human remains to any establishment, facility, or
872	location shall ensure that the remains are identified by a tag
873	or other means of identification that is affixed to the ankle or
874	wrist of the deceased at the time the remains are removed from
875	the place of death or other location.
876	(c)(3)Any licensee or registrant may rely on the
877	representation of a legally authorized person to establish the
878	identity of dead human remains.
879	(2) IN UNLICENSED CEMETERIES.--Effective October 1, 2003,
880	the identification of human remains interred in an unlicensed
881	cemetery shall be the responsibility of the licensed funeral
882	establishment in charge of the funeral arrangements for the
883	deceased person. The licensed funeral establishment in charge of
884	the funeral arrangements for the interment in an unlicensed
885	cemetery of human remains shall place on the outer burial
886	container, cremation internment container, or other container or
887	on the inside of a crypt or niche a tag or permanent identifying
888	mark containing the name of the decedent and the date of death,
889	if available. The materials and locations of the tag or mark
890	shall be more specifically described by the rule of the board.
891	(3) IN LICENSED CEMETERIES.--Effective October 1, 2003,
892	human remains at licensed cemeteries shall be identified as
893	follows:
894	(a) Each licensed cemetery shall place on the outer burial
895	container, cremation interment container, or other container or
896	on the inside of a crypt or niche a tag or permanent identifying
897	marker containing the name of the decedent and the date of
898	death, if available. The materials and the location of the tag
899	or marker shall be more specifically described by rule of the
900	board.
901	(b) Each licensed cemetery may rely entirely on the
902	identity stated on the burial transit permit or on the
903	identification supplied by a person licensed under chapter 470
904	to establish the identity of the dead human remains delivered by
905	such person for burial and shall not be liable for any
906	differences between the identity shown on the burial transit
907	permit or identification and the actual identity of the dead
908	human remains delivered by such person and buried in the
909	cemetery.
910	(4) DIRECT DISPOSAL ESTABLISHMENTS.--Direct disposal
911	establishments shall establish a system of identification of
912	human remains received which shall be designed to track the
913	identity of the remains from the time of receipt until delivery
914	of the remains to the authorized persons. This is in addition to
915	the requirements for identification of human remains set forth
916	in subsection (1). A copy of the identification procedures shall
917	be available, upon request, to the department and legally
918	authorized persons.
919	Section 27. For the purpose of incorporating the amendment
920	to section 470.031, Florida Statutes, in a reference thereto,
921	paragraph (a) of subsection (1) of section 470.036, Florida
922	Statutes, is reenacted to read:
923	470.036 Disciplinary proceedings.--
924	(1) The following acts constitute grounds for which the
925	disciplinary actions in subsection (2) may be taken:
926	(a) Violation of any provision of s. 455.227(1) or s.
927	470.031.
928	Section 28. Section 497.005, Florida Statutes, is amended
929	to read:
930	497.005 Definitions.--As used in this chapter:
931	(1) "At-need solicitation" means any uninvited contact by
932	a licensee or her or his agent for the purpose of the sale of
933	burial services or merchandise to the family or next of kin of a
934	person after her or his death has occurred.
935	(2) "Bank of belowground crypts" means any construction
936	unit of belowground crypts which is acceptable to the department
937	and which a cemetery uses to initiate its belowground crypt
938	program or to add to existing belowground crypt structures.
939	(3) "Belowground crypts" consist of interment space in
940	preplaced chambers, either side by side or multiple depth,
941	covered by earth and sod and known also as "lawn crypts,"
942	"westminsters," or "turf-top crypts."
943	(4) "Board" means the Board of Funeral and Cemetery
944	Services.
945	(5) "Burial merchandise," "funeral merchandise," or
946	"merchandise" means any personal property offered or sold by any
947	person for use in connection with the final disposition,
948	memorialization, interment, entombment, or inurnment of human
949	remains.
950	(6) "Burial right" means the right to use a grave space,
951	mausoleum, columbarium, ossuary, or scattering garden for the
952	interment, entombment, inurnment, or other disposition of human
953	remains.
954	(7) "Burial service," "funeral service," or "service"
955	means any service offered or provided by any person in
956	connection with the final disposition, memorialization,
957	interment, entombment, or inurnment of human remains.
958	(8) "Care and maintenance" means the perpetual process of
959	keeping a cemetery and its lots, graves, grounds, landscaping,
960	roads, paths, parking lots, fences, mausoleums, columbaria,
961	vaults, crypts, utilities, and other improvements, structures,
962	and embellishments in a well-cared-for and dignified condition,
963	so that the cemetery does not become a nuisance or place of
964	reproach and desolation in the community. As specified in the
965	rules of the board, "care and maintenance" may include, but is
966	not limited to, any or all of the following activities: mowing
967	the grass at reasonable intervals; raking and cleaning the grave
968	spaces and adjacent areas; pruning of shrubs and trees;
969	suppression of weeds and exotic flora; and maintenance, upkeep,
970	and repair of drains, water lines, roads, buildings, and other
971	improvements. "Care and maintenance" may include, but is not
972	limited to, reasonable overhead expenses necessary for such
973	purposes, including maintenance of machinery, tools, and
974	equipment used for such purposes. "Care and maintenance" may
975	also include repair or restoration of improvements necessary or
976	desirable as a result of wear, deterioration, accident, damage,
977	or destruction. "Care and maintenance" does not include expenses
978	for the construction and development of new grave spaces or
979	interment structures to be sold to the public.
980	(9) "Casket" means a rigid container which is designed for
981	the encasement of human remains, andwhich is usually
982	constructed of wood or metal, ornamented, and lined with fabric,
983	and which may or may not be combustible.
984	(10) "Cemetery" means a place dedicated to and used or
985	intended to be used for the permanent interment of human
986	remains. A cemetery may contain land or earth interment;
987	mausoleum, vault, or crypt interment; a columbarium, ossuary,
988	scattering garden, or other structure or place used or intended
989	to be used for the interment or disposition of cremated human
990	remains; or any combination of one or more of such structures or
991	places.
992	(11) "Cemetery company" means any legal entity that owns
993	or controls cemetery lands or property.
994	(12) "Certificateholder" or "licensee" means the person or
995	entity that is authorized under this chapter to sell preneed
996	funeral or burial services, preneed funeral or burial
997	merchandise, or burial rights. Each term shall include the
998	other, as applicable, as the context requires. For the purposes
999	of chapter 120, all certificateholders, licensees, and
1000	registrants shall be considered licensees.
1001	(13) "Columbarium" means a structure or building which is
1002	substantially exposed above the ground and which is intended to
1003	be used for the inurnment of cremated human remains.
1004	(14) "Common business enterprise" means a group of two or
1005	more business entities that share common ownership in excess of
1006	50 percent.
1007	(15) "Cremation" includes any mechanical or thermal
1008	process whereby a dead human body is reduced to ashes. Cremation
1009	also includes any other mechanical or thermal process whereby
1010	human remains are pulverized, burned, recremated, or otherwise
1011	further reduced in size or quantity.
1012	(16) "Department" means the Department of Banking and
1013	Finance.
1014	(17) "Direct disposer" means any person who is registered
1015	in this state to practice direct disposition pursuant to the
1016	provisions of chapter 470.
1017	(18) "Final disposition" means the final disposal of a
1018	dead human body whether by interment, entombment, burial at sea,
1019	cremation, or any other means and includes, but is not limited
1020	to, any other disposition of remains for which a segregated
1021	charge is imposed.
1022	(19) "Funeral director" means any person licensed in this
1023	state to practice funeral directing pursuant to the provisions
1024	of chapter 470.
1025	(20) "Grave space" means a space of ground in a cemetery
1026	intended to be used for the interment in the ground of human
1027	remains.
1028	(21) "Human remains" means the bodies of deceased persons
1029	and includes bodies in any stage of decomposition and cremated
1030	remains.
1031	(22) "Mausoleum" means a structure or building which is
1032	substantially exposed above the ground and which is intended to
1033	be used for the entombment of human remains.
1034	(23) "Mausoleum section" means any construction unit of a
1035	mausoleum which is acceptable to the department and which a
1036	cemetery uses to initiate its mausoleum program or to add to its
1037	existing mausoleum structures.
1038	(24) "Monument" means any product used for identifying a
1039	grave site and cemetery memorials of all types, including
1040	monuments, markers, and vases.
1041	(25) "Monument establishment" means a facility that
1042	operates independently of a cemetery or funeral establishment
1043	and that offers to sell monuments or monument services to the
1044	public for placement in a cemetery.
1045	(26) "Net assets" means the amount by which the total
1046	assets of a certificateholder, excluding goodwill, franchises,
1047	customer lists, patents, trademarks, and receivables from or
1048	advances to officers, directors, employees, salespersons, and
1049	affiliated companies, exceed total liabilities of the
1050	certificateholder. For purposes of this definition, the term
1051	"total liabilities" does not include the capital stock, paid-in
1052	capital, or retained earnings of the certificateholder.
1053	(27) "Net worth" means total assets minus total
1054	liabilities pursuant to generally accepted accounting
1055	principles.
1056	(28) "Niche" means a compartment or cubicle for the
1057	memorialization or permanent placement of an urn containing
1058	cremated remains.
1059	(29)(28)"Ossuary" means a receptacle used for the
1060	communal placement of cremated human remains without benefit of
1061	an urn or any other container in which remains will be
1062	commingled with other cremated human remains and are
1063	nonrecoverable. It may or may not include memorialization.
1064	(30)(29)"Outer burial container" means an enclosure into
1065	which a casket is placed and includes, but is not limited to,
1066	vaults made of concrete, steel, fiberglass, or copper; sectional
1067	concrete enclosures; crypts; and wooden enclosures.
1068	(31)(30)"Preneed contract" means any arrangement or
1069	method, of which the provider of funeral merchandise or services
1070	has actual knowledge, whereby any person agrees to furnish
1071	funeral merchandise or service in the future.
1072	(32)(31)"Religious institution" means an organization
1073	formed primarily for religious purposes which has qualified for
1074	exemption from federal income tax as an exempt organization
1075	under the provisions of s. 501(c)(3) of the Internal Revenue
1076	Code of 1986, as amended.
1077	(33)(32)"Scattering garden" means a location set aside,
1078	within a cemetery, which is used for the spreading or
1079	broadcasting of cremated remains that have been removed from
1080	their container and can be mixed with or placed on top of the
1081	soil or ground cover or buried in an underground receptacle on a
1082	commingled basis and that are nonrecoverable. It may or may not
1083	include memorialization.
1084	(34)(33)"Servicing agent" means any person acting as an
1085	independent contractor whose fiduciary responsibility is to
1086	assist both the trustee and certificateholder hereunder in
1087	administrating their responsibilities pursuant to this chapter.
1088	(35)(34) "Solicitation" means any communication that which
1089	directly or implicitly requests an immediate oral response from
1090	the recipient.
1091	(36)(35)"Statutory accounting" means generally accepted
1092	accounting principles, except as modified by this chapter.
1093	(37) "Urn" means a receptacle designed to permanently
1094	encase cremated remains.
1095	Section 29. Subsection (3) of section 497.305, Florida
1096	Statutes, is amended to read:
1097	497.305 Cemetery companies; authorized functions.--
1098	(3) A cemetery company may adopt bylaws establishing
1099	minimum standards for burial merchandise or the installation
1100	thereof. Such bylaws shall include minimum standards for access
1101	to install burial merchandise. A cemetery company must comply
1102	with its adopted bylaws.
1103	Section 30. Section 497.306, Florida Statutes, is created
1104	to read:
1105	497.306 Standards for grave spaces.--
1106	(1) A standard adult grave space shall measure at least 42
1107	inches in width and 96 inches in length, except for preinstalled
1108	vaults in designated areas. For interments, except cremated
1109	remains, the covering soil shall measure no less than 12 inches
1110	from the top of the outer burial container, unless such level of
1111	soil is not physically possible. In any interment, the family or
1112	next of kin may waive the 12-inch coverage minimum.
1113	(2)(a) Effective October 1, 2003, and prior to the sale of
1114	grave spaces in any undeveloped areas of a licensed cemetery,
1115	the cemetery company shall prepare a map documenting the
1116	establishment of recoverable internal survey reference markers
1117	installed by the cemetery company no more than 100 feet apart in
1118	the areas planned for development. The internal reference
1119	markers shall be established with reference to survey markers
1120	that are no more than 200 feet apart which have been set by a
1121	surveyor and mapper licensed under chapter 472 and documented in
1122	a certified land survey. Both the map and the certified land
1123	survey shall be maintained by the cemetery company and shall be
1124	made available upon request to the department or members of the
1125	public.
1126	(b) The map of the area proposed to be developed shall
1127	show:
1128	1. The number of grave spaces available for sale.
1129	2. The location of each grave space.
1130	3. The number designation assigned to each grave space.
1131	4. The dimensions of a standard adult grave space.
1132	(3) Adult grave spaces established prior to October 1,
1133	2003, are not required to meet the standards established under
1134	this section for the dimensions or separation of grave spaces.
1135	Section 31. Section 497.307, Florida Statutes, is created
1136	to read:
1137	497.307 Identification of human remains in licensed
1138	cemeteries.--On and after October 1, 2003, human remains
1139	interred, entombed, scattered, or otherwise placed for final
1140	rest at licensed cemeteries shall be identified as follows:
1141	(1) Each licensed cemetery shall place on the outer burial
1142	container, cremation interment container, or other container, or
1143	on the inside of a crypt or niche, a tag or a permanent
1144	identifying marker containing the name of the decedent and the
1145	date of death, if available. The materials and location of the
1146	tag or marker shall be more specifically described by rule of
1147	the board.
1148	(2) Each licensed cemetery may rely entirely on the
1149	identity stated on the burial transit permit or on the
1150	identification supplied by a person licensed under chapter 470
1151	to establish the identity of the dead human remains delivered by
1152	such person for burial and shall not be liable for any
1153	differences between the identity shown on the burial transit
1154	permit or other identification and the actual identity of the
1155	dead human remains delivered by such person and buried in the
1156	cemetery.
1157	Section 32. Subsection (2) of section 497.325, Florida
1158	Statutes, is amended to read:
1159	497.325 Illegal tying arrangements.--
1160	(2)(a) Noncemetery licensed persons and firms shall have
1161	the right to sell monuments and to perform or provide on
1162	cemetery property foundation, preparation, and installation
1163	services for monuments. However, a cemetery company or any other
1164	entity owning and operating a cemeterymay establish reasonable
1165	rules regarding the style and size of a monument or its
1166	foundation, provided such rules are applicable to all monuments
1167	from whatever source obtained and are enforced uniformly as to
1168	all monuments. Such rules shall be conspicuously posted and
1169	readily accessible to inspection and copy by interested persons.
1170	(b) No person who is authorized to sell grave space and no
1171	cemetery company or other entity owning and operating a cemetery
1172	may:
1173	1. Require the payment of a setting or service charge, by
1174	whatever name known, from third party installers for the
1175	placement of a monument;
1176	2. Refuse to provide care or maintenance for any portion
1177	of a gravesite on which a monument has been placed; or
1178	3. Waive liability with respect to damage caused by
1179	cemetery employees or agents to a monument after installation,
1180
1181	where the monument or installation service is not purchased from
1182	the person authorized to sell grave space or the cemetery
1183	company or other legal entityproviding grave space or from or
1184	through any other person or corporation designated by the person
1185	authorized to sell grave space or the cemetery company or other
1186	legal entity providing grave space. A No cemetery company or
1187	other entity owning and operating a cemetery may notbe held
1188	liable for the improper installation of a monument where the
1189	monument is not installed by the cemetery company or its agents
1190	or by such other entity or its agents.
1191	Section 33. Subsection (9) is added to section 497.333,
1192	Florida Statutes, to read:
1193	497.333 Disclosure of information to public.--A licensee
1194	offering to provide burial rights, merchandise, or services to
1195	the public shall:
1196	(9) Provide to each customer a complete description of any
1197	monument, marker, or memorialization to be placed at the
1198	gravesite.
1199	Section 34. Subsection (5) of section 497.361, Florida
1200	Statutes, is amended, and subsections (6) and (7) are added to
1201	that section, to read:
1202	497.361 Registration of monument establishments.--
1203	(5) Monuments not shall be delivered within a specified
1204	timeframe shall be considered a breach of contract unless the
1205	monument establishment has a written agreement to extend the
1206	delivery date. The purchaser shall be entitled to a refund of
1207	all money paid for the merchandise. Such refund shall be made
1208	within 30 days after receipt by the monument establishment of
1209	the purchaser's written request for a refund. This subsection
1210	does not preclude the purchase and installation of a new
1211	monument from any other registered monument establishment or
1212	certificateholder as established by this chapter and installed
1213	no later than 120 days after the date of sale. The establishment
1214	may request two 30-day extensions. Extensions may be granted by
1215	the executive director.
1216	(6) All contracts with the public must be approved by the
1217	Department of Financial Services and must provide a complete
1218	description of any monument, marker, or related product to be
1219	delivered.
1220	(7) A registration may not be transferred or assigned.
1221	Section 35. Section 497.365, Florida Statutes, is created
1222	to read:
1223	497.365 Regulation of monument establishments.--
1224	(1) The Department of Financial Services shall establish
1225	an inspection program for all monument establishments in
1226	accordance with the requirements of this act.
1227	(2) The Department of Financial Services shall adopt rules
1228	that shall include requirements for the approval of contracts
1229	for memorials and related products, written complaint procedures
1230	and mandatory response to consumer complaints, disclosure to the
1231	public as to the form of ownership, the fingerprinting of
1232	owners, and appropriate recordkeeping.
1233	(3) Nothing in the department's authority or any other
1234	provisions of this act shall unreasonably restrict competition
1235	or permit the restraint of trade and commerce.
1236
1237	Section 36. Section 497.371, Florida Statutes, is created
1238	to read:
1239	497.371 Monument establishment business location.--
1240	(1) A monument establishment shall be a place at a
1241	specific street address or location consisting of an office and
1242	manufacturing space, including a display area for monuments,
1243	markers, and related products. The place where the establishment
1244	is located must comply with the local government zoning
1245	regulations and may not be located on tax-exempt property.
1246	(2) The monument establishment must be a full-service
1247	monument location open to the public during normal business
1248	hours, with facilities to design, inscribe, and install
1249	monuments and related products.
1250	(3) A person may not operate a monument company or install
1251	monuments, markers, and related products in this state unless he
1252	or she is licensed by the Department of Financial Services.
1253	Section 37. Section 497.379, Florida Statutes, is created
1254	to read:
1255	497.379 Licensure of monument establishments to sell
1256	preneed contracts.--A monument establishment, including an
1257	existing registered or unregistered monument establishment, may
1258	not sell a preneed contract without first having obtained a
1259	valid certificate of authority from the Department of Financial
1260	Services. A person may not be issued a certificate of authority
1261	as a monument establishment to sell preneed contracts unless
1262	such person has at least 3 years' experience in the operation
1263	and management of an establishment selling monuments, markers,
1264	and related products.
1265	Section 38. Section 497.385, Florida Statutes, is created
1266	to read:
1267	497.385 Monument establishment; sales
1268	representative.--Each person selling monuments, markers, and
1269	related products for a monument establishment must register with
1270	the board, including any person registered or licensed pursuant
1271	to chapter 470 or this chapter. A person selling monuments,
1272	markers, and related products for a monument establishment that
1273	has been issued a certificate of authority must register as a
1274	preneed agent pursuant to the requirements of this chapter.
1275	Section 39. Section 497.391, Florida Statutes, is created
1276	to read:
1277	497.391 Monument establishment; preneed
1278	contracts.--Effective January 1, 2004, a monument dealer or
1279	establishment may not write a preneed contract unless that
1280	contract has been approved by the board. Any monument dealer or
1281	establishment that is paid, collects, or receives funds under a
1282	preneed contract for services or merchandise shall comply with
1283	the provisions of ss. 497.417 and 497.413.
1284	Section 40. Section 497.395, Florida Statutes, is created
1285	to read:
1286	497.395 Licensed monument establishment; financial
1287	requirements.--
1288	(1) For the purposes of qualifying for a certificate of
1289	authority as a licensed monument establishment must have a
1290	minimum net worth of $10,000. A licensed monument establishment
1291	holding a certificate of authority or a monument establishment
1292	applicant must meet and maintain the requirements of this
1293	section on an annual basis in order to perform its obligation
1294	for all existing preneed contracts.
1295	(2) All licensed monument establishments holding a
1296	Certificate of Authority or an applicant must submit its most
1297	recent year-end financial statements, including a balance sheet
1298	and income statement, with the certificate of authority
1299	application and annually thereafter as provided in s.
1300	497.407(1). The financial statement must be prepared in
1301	accordance with generally accepted accounting principles, as
1302	those principles have been defined by the Florida Board of
1303	Accountancy in the Florida Administrative Code. If the applicant
1304	does not have the minimum net worth as set forth in subsection
1305	(3), lacks sufficient liquid assets to satisfy current
1306	liabilities, or does not appear to have any substantial long-
1307	term assets, the department shall request additional financial
1308	information concerning financial statements and the statement of
1309	cash flow.
1310	(3) For the purposes of this section, the term "total
1311	preneed contracts" means the total retail value of all
1312	outstanding preneed contracts. There shall be an annual fee for
1313	the renewal of the monument establishment certificate of
1314	authority based on the following sales volume for total preneed
1315	contracts:
1316	(a) Five hundred dollars for a certificateholder that has
1317	total sales of $1 to $50,000.
1318	(b) Seven hundred and fifty dollars for a
1319	certificateholder that has total sales of $50,001 to $250,000.
1320	(c) One thousand dollars for a certificateholder that has
1321	total sales of $250,001 to $500,000.
1322	(d) Twelve hundred fifty dollars for a certificateholder
1323	that has total sales in excess of $500,001.
1324	(4) In the case of a monument establishment holding a
1325	certificate of authority or a licensed dealer applicant offering
1326	preneed sales through a subsidiary agent as provided in Rule 3F-
1327	5.0015, Florida Administrative Code, the certificateholder or
1328	applicant must execute a guarantee agreement with respect to any
1329	contract obligations resulting from preneed sales of such a
1330	selling agent.
1331	(5) If the certificateholder or applicant does not meet
1332	the financial requirements in subsection (3), the entity may
1333	voluntarily submit to the board additional evidence or agree to
1334	additional oversight as to meeting the requirements of
1335	subsection (1) as a condition of receiving or retaining a
1336	certificate of authority. Such additional evidence or oversight
1337	shall include, as appropriate:
1338	(a) An agreement to submit monthly financial statements of
1339	the entity;
1340	(b) An agreement to submit quarterly financial statements
1341	of the entity;
1342	(c) An appraisal of the entity's property or broker's
1343	opinion of the entity's assets;
1344	(d) A credit report of the entity or its principal owners;
1345	(e) Subordination-of-debt agreement from the entity's
1346	principal owners;
1347	(f) An indemnification or subrogation agreement binding
1348	the entity and principal owners;
1349	(g) A guarantee agreement for the entity from its
1350	principal owners;
1351	(h) Written explanation of past financial activity;
1352	(i) Submission of the 12-month projected business plan
1353	that includes:
1354	1. A statement of cash flows;
1355	2. Proforma income statements, with sources of revenues
1356	identified; and
1357	3. Marketing initiatives;
1358	(j) Submission of previous department examination reports;
1359	or
1360	(k) An agreement of 100 percent voluntary trust by the
1361	entity.
1362	Section 41. Subsections (1) and (4) of section 497.405,
1363	Florida Statutes, are amended to read:
1364	497.405 Certificate of authority required.--
1365	(1)(a) No person, including any cemetery exempt under s.
1366	497.003, may sell, advertise to sell, or make an arrangement for
1367	a preneed contract without first having a valid certificate of
1368	authority.
1369	(b) No person, including any cemetery exempt under s.
1370	497.003, may sell, advertise to sell, or make an arrangement for
1371	services, merchandise, or burial rights on a preneed basis
1372	unless such person is authorized pursuant to this chapter to
1373	provide such services, merchandise, or burial rights on an at-
1374	need basis.
1375	(4) The provisions of this section do not apply to
1376	religious-institution-owned cemeteries exempt under s.
1377	497.003(1)(d), in counties with a population of at least 960,000
1378	persons on July 1, 1996, with respect to the sale to the
1379	religious institution's members and their families of interment
1380	rights, mausoleums, crypts, cremation niches and cremation
1381	interment containers, vaults, liners, urns, memorials, vases,
1382	foundations, memorial bases, floral arrangements, monuments,
1383	markers, engraving, and the opening and closing of interment
1384	rights, mausoleums, crypts, and cremation niches and cremation
1385	interment containers, if such cemeteries have engaged in the
1386	sale of preneed contracts prior to October 1, 1993, and maintain
1387	a positive net worth at the end of each fiscal year of the
1388	cemetery.
1389	Section 42. Subsection (4) of section 497.419, Florida
1390	Statutes, is amended, and subsection (11) is added to that
1391	section, to read:
1392	497.419 Cancellation of, or default on, preneed
1393	contracts.--
1394	(4) Each certificateholder shall provide in conspicuous
1395	type in its contract that the contract purchaser may cancel the
1396	contract and receive a full refund within 30 days after ofthe
1397	date of execution of the contract, except for those amounts
1398	allocable to any burial rights, merchandise, or services that
1399	have been used by the purchaser. The failure to make such
1400	provision shall not impair the contract purchaser's right to
1401	cancellation and refund as provided in this section.
1402	(11) Failure to install a monument within 180 days after
1403	interment shall be considered a breach of contract unless the
1404	certificateholder has a written agreement to extend the
1405	installation date. The purchaser shall be entitled to a refund
1406	of all money paid for the merchandise. Such refund shall be made
1407	within 30 days after receipt by the certificateholder of the
1408	purchaser's written request for a refund. Nothing in this
1409	subsection shall preclude the purchase and installation of a new
1410	monument from any other registered monument establishment or
1411	certificateholder.
1412	Section 43. Subsection (4) of section 497.436, Florida
1413	Statutes, is amended to read:
1414	497.436 Inactive and revoked certificateholders.--
1415	(4) Upon receipt of the notice, in order to protect the
1416	contract purchaser, the board may:
1417	(a) shallReview the certificateholder's:
1418	1.(a)Trust funds.
1419	2.(b)Trust agreements.
1420	3.(c)Evidence of all outstanding preneed contracts.
1421	(b) Perform other procedures the board deems necessary.
1422	Section 44. Section 497.310, Florida Statutes, is created
1423	to read:
1424	497.310 Recording purchase of burial rights.--
1425	(1) Any person purchasing a burial right, belowground
1426	crypt, grave space, mausoleum, columbarium, ossuary, or
1427	scattering garden for the interment, entombment, inurnment, or
1428	other disposition of human remains may, at the person's option,
1429	permanently record the purchase of the burial right, belowground
1430	crypt, grave space, mausoleum, columbarium, ossuary, or
1431	scattering garden with the clerk of the court in the county
1432	where the burial right, belowground crypt, grave space,
1433	mausoleum, columbarium, ossuary, or scattering garden is
1434	located.
1435	(2) The clerk of the court shall record the evidence of
1436	the purchase of a burial right, belowground crypt, grave space,
1437	mausoleum, columbarium, ossuary, or scattering garden presented
1438	to him or her for recording, upon payment of the service charge
1439	of $5 for the first page and $2 for each additional page or
1440	fraction thereof of the purchase documents.
1441	Section 45. If any law amended by this act was also
1442	amended by a law enacted at the 2003 Regular Session or any 2003
1443	special session of the Legislature, such laws shall be construed
1444	as if they had been enacted at the same session of the
1445	Legislature, and full effect shall be given to each if possible.
1446	Section 46. Except as otherwise expressly provided in this
1447	act, this act shall take effect October 1, 2003.