HB 0253 2004
1	A bill to be entitled
2	An act relating to funeral, cemetery, and other
3	disposition services; amending s. 470.002, F.S.; revising
4	and providing definitions applicable to regulation of
5	funeral directing, embalming, and direct disposition;
6	creating s. 470.0045, F.S.; requiring a background
7	investigation of all applicants for licensure or
8	registration under ch. 470, including submission of
9	fingerprints; providing for a fee; providing rulemaking
10	authority; amending s. 470.0085, F.S.; extending the
11	embalmer apprentice period; amending s. 470.021, F.S.;
12	providing additional requirements to be a direct disposal
13	establishment; providing inspection requirements and
14	criteria; requiring the Board of Funeral Directors and
15	Embalmers to establish by rule the responsibilities of the
16	direct disposer in charge; amending s. 470.024, F.S.;
17	revising requirements to be a funeral establishment;
18	requiring the Board of Funeral Directors and Embalmers to
19	establish by rule the responsibilities of the funeral
20	director in charge; amending s. 470.025, F.S.; revising
21	cremation requirements for cinerator facilities relating
22	to simultaneous cremations, body parts, cremation
23	containers, and the cremation chamber; providing exemption
24	from liability for unintentional or incidental commingling
25	of remains under certain conditions; amending s. 470.0255,
26	F.S.; providing for cremation of parts of human bodies
27	incidental to final disposition; amending s. 470.028,
28	F.S.; providing for control and supervision of preneed
29	agents; amending s. 470.029, F.S.; extending the filing
30	time for reports of bodies embalmed or handled; amending
31	s. 470.031, F.S.; prohibiting any guarantee on the future
32	price of any goods or services; providing penalties;
33	amending s. 470.0355, F.S.; revising requirements for
34	identification of human remains prior to final
35	disposition; providing requirements for identification of
36	human remains in licensed and unlicensed cemeteries and by
37	direct disposal establishments; amending s. 470.036, F.S.,
38	and reenacting paragraph (1)(a) thereof, relating to
39	disciplinary proceedings, to incorporate the amendment to
40	s. 470.031, F.S., in a reference thereto; revising
41	terminology to apply disciplinary and administrative
42	penalties to persons other than licensees and registrants;
43	amending s. 497.005, F.S.; revising and providing
44	definitions applicable to regulation of funeral and
45	cemetery services; creating s. 497.306, F.S.; providing
46	dimension and spacing standards for grave spaces;
47	requiring a map of reference markers and a land survey for
48	areas proposed to be developed by a licensed cemetery
49	company; exempting adult grave spaces previously
50	established; creating s. 497.307, F.S.; providing
51	requirements for identification of human remains in
52	licensed cemeteries; amending s. 497.405, F.S.;
53	prohibiting any person from advertising for sale or making
54	any arrangement for a preneed contract without having a
55	valid certificate of authority; expanding the exemption
56	from the required certificate of authority for certain
57	religious-institution-owned cemeteries to include the sale
58	and opening or closing of cremation interment containers
59	to members and family members of the religious
60	institution; amending s. 497.419, F.S.; requiring preneed
61	contracts to include in the refund notice the exclusion
62	for amounts allocable to burial rights, merchandise, and
63	services used by the purchaser; amending s. 497.436, F.S.;
64	authorizing the Board of Funeral and Cemetery Services to
65	review the trust funds, trust agreements, and outstanding
66	preneed contracts of, and perform other procedures at its
67	discretion with respect to, a certificateholder filing
68	notice to become inactive; providing an effective date.
69
70	Be It Enacted by the Legislature of the State of Florida:
71
72	Section 1. Section 470.002, Florida Statutes, is amended
73	to read:
74	470.002 Definitions.--As used in this chapter:
75	(1)(15)"Alternative container" means a nonmetal
76	receptacle or enclosure which is less expensive than a casket
77	and of sufficient strength to be used to hold and transport a
78	dead human body.
79	(2)(22)"At-need solicitation" means any uninvited contact
80	by a funeral director or direct disposer for the purpose of the
81	sale of funeral services or merchandise to the family or next of
82	kin of a person after that person has died.
83	(3)(2)"Board" means the Board of Funeral Directors and
84	Embalmers.
85	(4) "Body parts" means:
86	(a) Human remains or limbs or other portions of the
87	anatomy that are removed from a person for medical purposes
88	during treatment, surgery, biopsy, autopsy, or medical research;
89	or
90	(b) Human bodies or any portions of human bodies that have
91	been donated to science for medical research purposes.
92	(5)(16)"Casket" means a rigid container which is designed
93	for the encasement of human remains for burial, andwhich is
94	usually constructed of wood or metal, ornamented, and lined with
95	fabric, and which may or may not be combustible.
96	(6)(27)"Centralized embalming facility" means a facility,
97	not physically connected with a funeral establishment, in which
98	embalming takes place.
99	(7)(14)"Cinerator" means a facility where dead human
100	bodies are reduced to a residue, including bone fragments, by
101	direct flame, also known as "cremation," or by intense heat,
102	also known as "calcination."
103	(8) "Closed container" means any container in which
104	cremated remains can be placed and closed in a manner so as to
105	prevent leakage or spillage of the remains.
106	(9) "Cremated remains" means all the remains of the human
107	body recovered after the completion of the cremation process,
108	including processing or pulverization which leaves only bone
109	fragments reduced to unidentifiable dimensions and may include
110	the residue of any foreign matter, including casket material,
111	bridgework, or eyeglasses that were cremated with the human
112	remains.
113	(10)(24) "Cremation" means the technical process, using
114	direct flame and heat, that reduces human remains to bone
115	fragments through heat and evaporation. Cremation includes the
116	processing, and usually includes the pulverization, of the bone
117	fragments includes any mechanical or thermal process whereby a
118	dead human body is reduced to ashes and bone fragments.
119	Cremation also includes any other mechanical or thermal process
120	whereby human remains are pulverized, burned, recremated, or
121	otherwise further reduced in size or quantity.
122	(11) "Cremation chamber" means the enclosed space within
123	which the cremation process takes place. Cremation chambers
124	covered by these procedures must be used exclusively for the
125	cremation of human remains.
126	(12) "Cremation container" means the container in which
127	the human remains are transported to and placed in the cremation
128	chamber for a cremation. A cremation container should meet
129	substantially all of the following standards:
130	(a) Be composed of readily combustible materials suitable
131	for cremation.
132	(b) Be able to be closed in order to provide a complete
133	covering for the human remains.
134	(c) Be resistant to leakage or spillage.
135	(d) Be rigid enough to be handled with ease.
136	(e) Be able to provide protection for the health, safety,
137	and personal integrity of crematory personnel.
138	(13) "Cremation interment container" means a rigid outer
139	container that, subject to a cemetery's rules and regulations,
140	is composed of concrete, steel, fiberglass, or some similar
141	material in which an urn is placed prior to being interred in
142	the ground and which is designed to support the earth above the
143	urn.
144	(14)(1)"Department" means the Department of Business and
145	Professional Regulation.
146	(15)(8)"Direct disposal establishment" means a facility
147	registered under this chapter where a direct disposer practices
148	direct disposition.
149	(16)(9)"Direct disposer" means any person registered
150	under this chapter to practice direct disposition in this state.
151	(17)(28)"Disinterment" means removal of a dead human body
152	from earth interment or aboveground interment.
153	(18)(5)"Embalmer" means any person licensed under this
154	chapter to practice embalming in this state.
155	(19)(11)"Final disposition" means the final disposal of a
156	dead human body by earth interment, aboveground interment,
157	cremation, burial at sea, or delivery to a medical institution
158	for lawful dissection if the medical institution assumes
159	responsibility for disposal. "Final disposition" does not
160	include the disposal or distribution of ashes and residue of
161	cremated human remains.
162	(20)(13)"Funeral" or "funeral service" means the
163	observances, services, or ceremonies held to commemorate the
164	life of a specific deceased human being, and at which the human
165	remains are present.
166	(21)(3)"Funeral director" means any person licensed under
167	this chapter to practice funeral directing in this state.
168	(22)(7)"Funeral establishment" means a facility licensed
169	under this chapter where a funeral director or embalmer
170	practices funeral directing or embalming.
171	(23)(12)"Funeral merchandise" or "merchandise" means any
172	merchandise commonly sold in connection with the funeral, final
173	disposition, or memorialization of human remains, including, but
174	not limited to, caskets, outer burial containers, alternative
175	containers, cremation containers, cremation interment
176	containers,urns, monuments, private mausoleums, flowers,
177	shrubs, benches, vases, acknowledgment cards, register books,
178	memory folders, prayer cards, and clothing.
179	(24)(23)"Human remains" or "remains," "dead human body"
180	or "dead human bodies," means the body of a deceased human
181	person for which a death certificate or fetal death certificate
182	is required under chapter 382 and includes the body in any stage
183	of decomposition and the residue of cremated human bodies.
184	(25)(18)"Legally authorized person" means, in the
185	priority listed, the decedent, when written inter vivos
186	authorizations and directions are provided by the decedent, the
187	surviving spouse, unless the spouse has been arrested for
188	committing against the deceased an act of domestic violence as
189	defined in s. 741.28 that resulted in or contributed to the
190	death of the deceased, a son or daughter who is 18 years of age
191	or older, a parent, a brother or sister 18 years of age or over,
192	a grandchild who is 18 years of age or older, or a grandparent;
193	or any person in the next degree of kinship. In addition, the
194	term may include, if no family exists or is available, the
195	following: the guardian of the dead person at the time of death;
196	the personal representative of the deceased; the attorney in
197	fact of the dead person at the time of death; the health
198	surrogate of the dead person at the time of death; a public
199	health officer; the medical examiner, county commission or
200	administrator acting under part II of chapter 406, or other
201	public administrator; a representative of a nursing home or
202	other health care institution in charge of final disposition; or
203	a friend or other person not listed in this subsection who is
204	willing to assume the responsibility as authorized person. Where
205	there is a person in any priority class listed in this
206	subsection, the funeral establishment shall rely upon the
207	authorization of any one legally authorized person of that class
208	if that individual represents that he or she is not aware of any
209	objection to the cremation of the deceased's human remains by
210	others in the same class of the person making the representation
211	or of any person in a higher priority class.
212	(26) "Niche" means a compartment or cubicle for the
213	memorialization or permanent placement of a container or urn
214	containing cremated remains.
215	(27)(19)"Outer burial container" means an enclosure into
216	which a casket is placed, including, but not limited to, a vault
217	made of concrete, steel, fiberglass, or copper, a sectional
218	concrete enclosure, a crypt, or a wooden enclosure.
219	(28)(20)"Personal residence" means any residential
220	building in which one temporarily or permanently maintains his
221	or her abode, including, but not limited to, an apartment or a
222	hotel, motel, nursing home, convalescent home, home for the
223	aged, or a public or private institution.
224	(29)(10)"Practice of direct disposition" means the
225	cremation of human remains without preparation of the human
226	remains by embalming and without any attendant services or rites
227	such as funeral or graveside services or the making of
228	arrangements for such final disposition.
229	(30)(6)"Practice of embalming" means disinfecting or
230	preserving or attempting to disinfect or preserve dead human
231	bodies by replacing certain body fluids with preserving and
232	disinfecting chemicals.
233	(31)(4)"Practice of funeral directing" means the
234	performance by a licensed funeral director of any of those
235	functions authorized by s. 470.0087.
236	(32)(21)"Preneed sales agent" means any person who is
237	registered under chapter 497 to sell preneed burial or funeral
238	service and merchandise contracts or direct disposition
239	contracts in this state.
240	(33) "Processing" means the reduction of identifiable bone
241	fragments after the completion of the cremation process to
242	unidentifiable bone fragments by manual means.
243	(34) "Pulverization" means the reduction of identifiable
244	bone fragments after the completion of the cremation and
245	processing to granulated particles by manual or mechanical
246	means.
247	(35)(25)"Refrigeration facility" means a facility that is
248	not physically connected with a funeral establishment, crematory
249	or direct disposal establishment, that maintains space and
250	equipment for the storage and refrigeration of dead human
251	bodies, and that offers its service to funeral directors and
252	funeral establishments for a fee.
253	(36)(26)"Removal service" means any service that operates
254	independently of a funeral establishment, that handles the
255	initial removal of dead human bodies, and that offers its
256	service to funeral establishments and direct disposal
257	establishments for a fee.
258	(37)(17)"Solicitation" means any communication which
259	directly or implicitly requests an immediate oral response from
260	the recipient.
261	(38) "Temporary container" means a receptacle for cremated
262	remains usually made of cardboard, plastic, or similar material
263	designated to hold the cremated remains until an urn or other
264	permanent container is acquired.
265	(39) "Urn" means a receptacle designed to permanently
266	encase cremated remains.
267	Section 2. Section 470.0045, Florida Statutes, is created
268	to read:
269	470.0045 Background investigation; fee; rulemaking
270	authority.--
271	(1) A thorough background investigation of all applicants
272	for licensure or registration under this chapter, including, but
273	not limited to, all corporate officers, partners, managers, and
274	controlling shareholders of all facilities licensed or
275	registered under this chapter, shall be instituted by the
276	department. Such investigation shall require:
277	(a) The submission of fingerprints, for processing through
278	appropriate law enforcement agencies, by the applicant and the
279	examination of police records by the board pursuant to s.
280	455.213(10).
281	(b) Such other investigation of the individual as the
282	board may by rule deem necessary.
283	(2) The board may establish by rule a fee to recover the
284	costs charged by the applicable law enforcement agencies for
285	submission and processing of the fingerprint cards.
286	Section 3. Section 470.0085, Florida Statutes, is amended
287	to read:
288	470.0085 Establishment of embalmer apprentice
289	program.--The board may adopt rules establishing an embalmer
290	apprentice program. An embalmer apprentice may perform only
291	those tasks, functions, and duties relating to embalming which
292	are performed under the direct supervision of a licensed
293	embalmer. An embalmer apprentice shall be eligible to serve in
294	an apprentice capacity for a period not to exceed 3 years 1 year
295	as may be determined by board rule or for a period not to exceed
296	5 3years if the apprentice is enrolled in and attending a
297	course in mortuary science or funeral service education at any
298	mortuary college or funeral service education college or school.
299	An embalmer apprentice shall be registered with the board upon
300	payment of a registration fee not to exceed $50.
301	Section 4. Subsections (2), (5), and (9) of section
302	470.021, Florida Statutes, are amended to read:
303	470.021 Direct disposal establishment; standards and
304	location; registration.--
305	(2) The practice of direct disposition must be engaged in
306	at a fixed location of at least 625 interior contiguous square
307	feet and must maintain or make arrangements for suitable
308	capacity for the refrigeration and storage of dead human bodies
309	handled and stored by the establishment. No person may open or
310	maintain an establishment at which to engage in or hold himself
311	or herself out as engaging in the practice of direct disposition
312	unless such establishment is registered with the board. Any
313	change in location of such establishment shall be reported
314	promptly to the board as prescribed by rule of the board.
315	(5)(a) Each direct disposal establishment shall at all
316	times be subject to the inspection of all its buildings,
317	grounds, and vehicles used in the conduct of its business, by
318	the department, the Department of Health, and local government
319	inspectors and by their agents. The board shall adopt rules
320	which establish such inspection requirements.
321	(b) The board shall set by rule an annual inspection fee
322	not to exceed $100, payable upon application for registration
323	and upon each renewal of such registration.
324	(c) Each cinerator facility shall be inspected prior to
325	the issuance and renewal of its license and shall:
326	1. Maintain one or more retorts for the reduction of dead
327	human bodies.
328	2. Maintain refrigeration that satisfies the standards set
329	by the Department of Health and that contains a sufficient
330	number of shelves for the average daily number of bodies stored,
331	if unembalmed bodies are kept at the site.
332	3. Maintain sufficient pollution control equipment to
333	comply with requirements of the Department of Environmental
334	Protection.
335	4. Either have on site or immediately available sufficient
336	sealed containers of a type required for the transportation of
337	bodies.
338	5. Maintain the premises in a clean and sanitary
339	condition.
340	6. Have appropriate Department of Environmental Protection
341	permits.
342	7. Retain all signed contracts for a period of at least 2
343	years.
344	(9) Each registered direct disposal establishment shall
345	have one full-time registered direct disposer or licensed
346	funeral director acting as a direct disposer in charge and
347	reasonably available to the public during normal business hours
348	for that establishment. Such person may be in charge of only one
349	facility. The board shall establish by rule the responsibilities
350	of the direct disposer in charge, including, but not limited to,
351	the day-to-day operations of the establishment, to ensure
352	compliance with this chapter.
353	Section 5. Subsections (1) and (7) of section 470.024,
354	Florida Statutes, are amended to read:
355	470.024 Funeral establishment; licensure.--
356	(1) A funeral establishment shall be a place at a specific
357	street address or location consisting of at least 1,250
358	contiguous interior square feet and must maintain or make
359	arrangements for eithersuitable capacity for the refrigeration
360	and storage of dead human bodies handled and stored by the
361	establishment and ora preparation room equipped with necessary
362	ventilation and drainage and containing necessary instruments
363	for embalming dead human bodies or must make arrangements for a
364	preparation room as established by board rule.
365	(7) Each licensed funeral establishment shall have one
366	full-time funeral director in charge and shall have a licensed
367	funeral director reasonably available to the public during
368	normal business hours for that establishment. The full-time
369	funeral director in charge must have an active license and may
370	not be the full-time funeral director in charge of any other
371	funeral establishment or of any other direct disposal
372	establishment. The board shall establish by rule the
373	responsibilities of the funeral director in charge, including,
374	but not limited to, the day-to-day operations of the
375	establishment, to ensure compliance with this chapter.
376	Section 6. Subsections (6), (13), (14), and (15) of
377	section 470.025, Florida Statutes, are amended, and subsection
378	(16) is added to said section, to read:
379	470.025 Cinerator facility; licensure.--
380	(6) No more than one dead human body may be placed in a
381	retort at one time, unless written permission has been received
382	from a legally authorized person for each body. The operator of
383	a cinerator facility shall be entitled to rely on the permission
384	of a legally authorized person to cremate more than one human
385	body.
386	(13) A cinerator facility shall not place human remains or
387	body parts in a retort or cremation chamberunless the human
388	remains are in an alternative container, cremation container,or
389	casket. Human remains may be transported in a cremation
390	containeror stored if they are completely covered, and at all
391	times treated with dignity and respect. Cremation may include
392	the processing and pulverization of bone fragments. Cremated
393	remains may be placed in a temporary container following
394	cremation.None of the provisions contained in this subsection
395	require the purchase of a casket for cremation. This subsection
396	applies to at-need contracts and preneed contracts entered into
397	pursuant to chapter 497 after June 1, 1996.
398	(14) Each cinerator facility shall ensure that all
399	alternative containers, cremation containers,or caskets used
400	for cremation contain no amount of chlorinated plastics not
401	authorized by the Department of Environmental Protection, that
402	they also are composed of readily combustible materials suitable
403	for cremation, able to be closed to provide a complete covering
404	for the human remains, resistant to leakage or spillage, rigid
405	enough for handling with ease, and able to provide for the
406	health, safety, and personal integrity of the public and
407	crematory personnel.
408	(15) The board shall adopt, by rule, criteria for
409	acceptable cremation andalternative containers.
410	(16) The operator of a cinerator facility shall establish
411	written procedures for the removal of remains and bone
412	fragments, to the extent possible, resulting from the cremation
413	of a human body and the postcremation processing, shipping,
414	packing, or identifying of those remains. If an operator follows
415	these procedures, the operator is not liable for the
416	unintentional or incidental commingling of human remains and
417	bone fragments resulting from more than one cremation cycle or
418	from postcremation processing, shipping, packing, or identifying
419	of those remains. A copy of the procedures shall be available,
420	upon request, to the department and legally authorized persons.
421	Section 7. Section 470.0255, Florida Statutes, is amended
422	to read:
423	470.0255 Cremation; procedure required.--
424	(1) At the time of the arrangement for a cremation
425	performed by any person licensed pursuant to this chapter, the
426	person contracting for cremation services shall be required to
427	designate his or her intentions with respect to the disposition
428	of the cremated remains of the deceased in a signed declaration
429	of intent which shall be provided by and retained by the funeral
430	or direct disposal establishment. A cremation may not be
431	performed until a legally authorized person gives written
432	authorization for such cremation. The cremation must be
433	performed within 48 hours after a specified time which has been
434	agreed to in writing by the person authorizing the cremation.
435	(2) With respect to any person who intends to provide for
436	the cremation of the deceased, if, after a period of 120 days
437	from the time of cremation the cremated remains have not been
438	claimed, the funeral or direct disposal establishment may
439	dispose of the cremated remains. Such disposal shall include
440	scattering them at sea or placing them in a licensed cemetery
441	scatter garden or pond or in a church columbarium or otherwise
442	disposing of the remains as provided by rule of the department
443	or board.
444	(3) Pursuant to the request of a legally authorized person
445	and incidental to final disposition, cremation may be performed
446	on parts of human remains. This subsection does not authorize
447	the cremation of body parts as defined in s. 470.002.
448	Section 8. Section 470.028, Florida Statutes, is amended
449	to read:
450	470.028 Preneed sales; registration of agents; control and
451	supervision of agents.--
452	(1) All sales of preneed funeral service contracts or
453	direct disposition contracts shall be made pursuant to chapter
454	497.
455	(2) No person may act as an agent for a funeral
456	establishment or direct disposal establishment with respect to
457	the sale of preneed contracts unless such person is registered
458	pursuant to chapter 497.
459	(3) Each licensee or registrant shall be subject to
460	discipline if his or her agent violates any provision of this
461	chapter applicable to such licensee or registrant as established
462	by board rule.
463	(4)(a) The funeral director in charge of a funeral
464	establishment shall be responsible for the control and
465	activities of the establishment's preneed agents.
466	(b) The direct disposer in charge or a funeral director
467	acting as a direct disposer in charge of a direct disposal
468	establishment shall be responsible for the control and
469	activities of the establishment's preneed agents.
470	Section 9. Subsection (1) of section 470.029, Florida
471	Statutes, is amended to read:
472	470.029 Reports of cases embalmed and bodies handled.--
473	(1) Each funeral establishment, direct disposal
474	establishment, cinerator facility, and centralized embalming
475	facility shall report on a form prescribed and furnished by the
476	department the name of the deceased and such other information
477	as may be required with respect to each dead human body embalmed
478	or otherwise handled by the establishment or facility. Such
479	forms shall be signed by the embalmer who performs the
480	embalming, if the body is embalmed, and the funeral director in
481	charge of the establishment or facility or by the direct
482	disposer who disposes of the body. The board shall prescribe by
483	rule the procedures in submitting such documentation. Reports
484	required by this subsection shall be filed by the 20th 10thday
485	of each month for final dispositions handled the preceding
486	month.
487	Section 10. Section 470.031, Florida Statutes, is amended
488	to read:
489	470.031 Prohibitions; penalties.--
490	(1) No person may:
491	(a) Practice funeral directing, embalming, or direct
492	disposition unless the person holds an active license or
493	registration under this chapter.
494	(b) Use the name or title "funeral director," "embalmer,"
495	or "direct disposer" when the person has not been licensed or
496	registered pursuant to this chapter.
497	(c) Represent as his or her own the license or
498	registration of another.
499	(d) Give false or forged evidence to the board, a member
500	thereof, or the department for the purpose of obtaining a
501	license or registration.
502	(e) Use or attempt to use a license or registration which
503	has been suspended or revoked.
504	(f) Knowingly employ unlicensed persons in the practice of
505	funeral directing, embalming, or direct disposing.
506	(g) Knowingly conceal information relative to violations
507	of this chapter.
508	(h) Operate an unlicensed cinerator facility.
509	(i) Except as provided for in chapter 497, guarantee the
510	price of goods and services at a future date.
511	(2) Any person who violates the provisions of this section
512	commits a misdemeanor of the second degree, punishable as
513	provided in s. 775.082 or s. 775.083.
514	Section 11. Section 470.0355, Florida Statutes, is amended
515	to read:
516	470.0355 Identification of human remains.--
517	(1) PRIOR TO FINAL DISPOSITION.--
518	(a)(1)The licensee or registrant in charge of the final
519	disposition of dead human remains shall, prior to final
520	disposition of such dead human remains, affix on the ankle or
521	wrist of the deceased, and orin the casket or alternative
522	container or cremation container, proper identification of the
523	dead human remains. The identification or tag shall be encased
524	in or consist of durable and long-lasting material containing
525	the name, date of birth, and date of death, and social security
526	numberof the deceased, if available. If the dead human remains
527	are cremated, proper identification shall be placed in the
528	container or urn containing the remains.
529	(b)(2)Any licensee or registrant responsible for removal
530	of dead human remains to any establishment, facility, or
531	location shall ensure that the remains are identified by a tag
532	or other means of identification that is affixed to the ankle or
533	wrist of the deceased at the time the remains are removed from
534	the place of death or other location.
535	(c)(3)Any licensee or registrant may rely on the
536	representation of a legally authorized person to establish the
537	identity of dead human remains.
538	(2) IN UNLICENSED CEMETERIES.--Effective October 1, 2004,
539	the identification of human remains interred in an unlicensed
540	cemetery shall be the responsibility of the licensed funeral
541	establishment in charge of the funeral arrangements for the
542	deceased person. The licensed funeral establishment in charge of
543	the funeral arrangements for the interment in an unlicensed
544	cemetery of human remains shall place on the outer burial
545	container, cremation internment container, or other container or
546	on the inside of a crypt or niche a tag or permanent identifying
547	mark containing the name of the decedent and the date of death,
548	if available. The materials and locations of the tag or mark
549	shall be more specifically described by the rule of the board.
550	(3) IN LICENSED CEMETERIES.--Effective October 1, 2004,
551	human remains at licensed cemeteries shall be identified as
552	follows:
553	(a) Each licensed cemetery shall place on the outer burial
554	container, cremation interment container, or other container or
555	on the inside of a crypt or niche a tag or permanent identifying
556	marker containing the name of the decedent and the date of
557	death, if available. The materials and the location of the tag
558	or marker shall be more specifically described by rule of the
559	board.
560	(b) Each licensed cemetery may rely entirely on the
561	identity stated on the burial transit permit or on the
562	identification supplied by a person licensed under chapter 470
563	to establish the identity of the dead human remains delivered by
564	such person for burial and shall not be liable for any
565	differences between the identity shown on the burial transit
566	permit or identification and the actual identity of the dead
567	human remains delivered by such person and buried in the
568	cemetery.
569	(4) DIRECT DISPOSAL ESTABLISHMENTS.--Direct disposal
570	establishments shall establish a system of identification of
571	human remains received which shall be designed to track the
572	identity of the remains from the time of receipt until delivery
573	of the remains to the authorized persons. This is in addition to
574	the requirements for identification of human remains set forth
575	in subsection (1). A copy of the identification procedures shall
576	be available, upon request, to the department and legally
577	authorized persons.
578	Section 12. Paragraph (a) of subsection (1) of section
579	470.036, Florida Statutes, is reenacted, and subsection (2) of
580	said section is amended, to read:
581	470.036 Disciplinary proceedings.--
582	(1) The following acts constitute grounds for which the
583	disciplinary actions in subsection (2) may be taken:
584	(a) Violation of any provision of s. 455.227(1) or s.
585	470.031.
586	(2) When the board finds any person licensee or registrant
587	guilty of any of the grounds set forth in subsection (1), it may
588	enter an order imposing one or more of the following penalties:
589	(a) Denial of an application for licensure or
590	registration.
591	(b) Permanent revocation or suspension of a license or
592	registration.
593	(c) Imposition of an administrative fine not to exceed
594	$5,000 for each count or separate offense.
595	(d) Issuance of a reprimand.
596	(e) Placement of the licensee or registrant on probation
597	for a period of time and subject to such conditions as the board
598	may specify, including requiring the licensee or registrant to
599	attend continuing education courses or to work under the
600	supervision of another licensee.
601	(f) Restriction of the authorized scope of practice.
602	(g) Assessment of costs associated with investigation and
603	prosecution.
604	Section 13. Section 497.005, Florida Statutes, is amended
605	to read:
606	497.005 Definitions.--As used in this chapter:
607	(1) "At-need solicitation" means any uninvited contact by
608	a licensee or her or his agent for the purpose of the sale of
609	burial services or merchandise to the family or next of kin of a
610	person after her or his death has occurred.
611	(2) "Bank of belowground crypts" means any construction
612	unit of belowground crypts which is acceptable to the department
613	and which a cemetery uses to initiate its belowground crypt
614	program or to add to existing belowground crypt structures.
615	(3) "Belowground crypts" consist of interment space in
616	preplaced chambers, either side by side or multiple depth,
617	covered by earth and sod and known also as "lawn crypts,"
618	"westminsters," or "turf-top crypts."
619	(4) "Board" means the Board of Funeral and Cemetery
620	Services.
621	(5) "Burial merchandise," "funeral merchandise," or
622	"merchandise" means any personal property offered or sold by any
623	person for use in connection with the final disposition,
624	memorialization, interment, entombment, or inurnment of human
625	remains.
626	(6) "Burial right" means the right to use a grave space,
627	mausoleum, columbarium, ossuary, or scattering garden for the
628	interment, entombment, inurnment, or other disposition of human
629	remains.
630	(7) "Burial service," "funeral service," or "service"
631	means any service offered or provided by any person in
632	connection with the final disposition, memorialization,
633	interment, entombment, or inurnment of human remains.
634	(8) "Care and maintenance" means the perpetual process of
635	keeping a cemetery and its lots, graves, grounds, landscaping,
636	roads, paths, parking lots, fences, mausoleums, columbaria,
637	vaults, crypts, utilities, and other improvements, structures,
638	and embellishments in a well-cared-for and dignified condition,
639	so that the cemetery does not become a nuisance or place of
640	reproach and desolation in the community. As specified in the
641	rules of the board, "care and maintenance" may include, but is
642	not limited to, any or all of the following activities: mowing
643	the grass at reasonable intervals; raking and cleaning the grave
644	spaces and adjacent areas; pruning of shrubs and trees;
645	suppression of weeds and exotic flora; and maintenance, upkeep,
646	and repair of drains, water lines, roads, buildings, and other
647	improvements. "Care and maintenance" may include, but is not
648	limited to, reasonable overhead expenses necessary for such
649	purposes, including maintenance of machinery, tools, and
650	equipment used for such purposes. "Care and maintenance" may
651	also include repair or restoration of improvements necessary or
652	desirable as a result of wear, deterioration, accident, damage,
653	or destruction. "Care and maintenance" does not include expenses
654	for the construction and development of new grave spaces or
655	interment structures to be sold to the public.
656	(9) "Casket" means a rigid container which is designed for
657	the encasement of human remains, andwhich is usually
658	constructed of wood or metal, ornamented, and lined with fabric,
659	and which may or may not be combustible.
660	(10) "Cemetery" means a place dedicated to and used or
661	intended to be used for the permanent interment of human
662	remains. A cemetery may contain land or earth interment;
663	mausoleum, vault, or crypt interment; a columbarium, ossuary,
664	scattering garden, or other structure or place used or intended
665	to be used for the interment or disposition of cremated human
666	remains; or any combination of one or more of such structures or
667	places.
668	(11) "Cemetery company" means any legal entity that owns
669	or controls cemetery lands or property.
670	(12) "Certificateholder" or "licensee" means the person or
671	entity that is authorized under this chapter to sell preneed
672	funeral or burial services, preneed funeral or burial
673	merchandise, or burial rights. Each term shall include the
674	other, as applicable, as the context requires. For the purposes
675	of chapter 120, all certificateholders, licensees, and
676	registrants shall be considered licensees.
677	(13) "Columbarium" means a structure or building which is
678	substantially exposed above the ground and which is intended to
679	be used for the inurnment of cremated human remains.
680	(14) "Common business enterprise" means a group of two or
681	more business entities that share common ownership in excess of
682	50 percent.
683	(15) "Cremation" includes any mechanical or thermal
684	process whereby a dead human body is reduced to ashes. Cremation
685	also includes any other mechanical or thermal process whereby
686	human remains are pulverized, burned, recremated, or otherwise
687	further reduced in size or quantity.
688	(16) "Cremation interment container" means a rigid outer
689	container that, subject to a cemetery's rules and regulations,
690	is composed of concrete, steel, fiberglass, or some similar
691	material in which an urn is placed prior to being interred in
692	the ground and which is designed to support the earth above the
693	urn.
694	(17)(16)"Department" means the Department of Financial
695	Services.
696	(18)(17)"Direct disposer" means any person who is
697	registered in this state to practice direct disposition pursuant
698	to the provisions of chapter 470.
699	(19)(18)"Final disposition" means the final disposal of a
700	dead human body whether by interment, entombment, burial at sea,
701	cremation, or any other means and includes, but is not limited
702	to, any other disposition of remains for which a segregated
703	charge is imposed.
704	(20)(19)"Funeral director" means any person licensed in
705	this state to practice funeral directing pursuant to the
706	provisions of chapter 470.
707	(21)(20)"Grave space" means a space of ground in a
708	cemetery intended to be used for the interment in the ground of
709	human remains.
710	(22)(21)"Human remains" means the bodies of deceased
711	persons and includes bodies in any stage of decomposition and
712	cremated remains.
713	(23)(22)"Mausoleum" means a structure or building which
714	is substantially exposed above the ground and which is intended
715	to be used for the entombment of human remains.
716	(24)(23)"Mausoleum section" means any construction unit
717	of a mausoleum which is acceptable to the department and which a
718	cemetery uses to initiate its mausoleum program or to add to its
719	existing mausoleum structures.
720	(25)(24)"Monument" means any product used for identifying
721	a grave site and cemetery memorials of all types, including
722	monuments, markers, and vases.
723	(26)(25)"Monument establishment" means a facility that
724	operates independently of a cemetery or funeral establishment
725	and that offers to sell monuments or monument services to the
726	public for placement in a cemetery.
727	(27)(26)"Net assets" means the amount by which the total
728	assets of a certificateholder, excluding goodwill, franchises,
729	customer lists, patents, trademarks, and receivables from or
730	advances to officers, directors, employees, salespersons, and
731	affiliated companies, exceed total liabilities of the
732	certificateholder. For purposes of this definition, the term
733	"total liabilities" does not include the capital stock, paid-in
734	capital, or retained earnings of the certificateholder.
735	(28)(27)"Net worth" means total assets minus total
736	liabilities pursuant to generally accepted accounting
737	principles.
738	(29) "Niche" means a compartment or cubicle for the
739	memorialization or permanent placement of an urn containing
740	cremated remains.
741	(30)(28)"Ossuary" means a receptacle used for the
742	communal placement of cremated human remains without benefit of
743	an urn or any other container in which remains will be
744	commingled with other cremated human remains and are
745	nonrecoverable. It may or may not include memorialization.
746	(31)(29)"Outer burial container" means an enclosure into
747	which a casket is placed and includes, but is not limited to,
748	vaults made of concrete, steel, fiberglass, or copper; sectional
749	concrete enclosures; crypts; and wooden enclosures.
750	(32)(30)"Preneed contract" means any arrangement or
751	method, of which the provider of funeral merchandise or services
752	has actual knowledge, whereby any person agrees to furnish
753	funeral merchandise or service in the future.
754	(33)(31)"Religious institution" means an organization
755	formed primarily for religious purposes which has qualified for
756	exemption from federal income tax as an exempt organization
757	under the provisions of s. 501(c)(3) of the Internal Revenue
758	Code of 1986, as amended.
759	(34)(32)"Scattering garden" means a location set aside,
760	within a cemetery, which is used for the spreading or
761	broadcasting of cremated remains that have been removed from
762	their container and can be mixed with or placed on top of the
763	soil or ground cover or buried in an underground receptacle on a
764	commingled basis and that are nonrecoverable. It may or may not
765	include memorialization.
766	(35)(33)"Servicing agent" means any person acting as an
767	independent contractor whose fiduciary responsibility is to
768	assist both the trustee and certificateholder hereunder in
769	administrating their responsibilities pursuant to this chapter.
770	(36)(34)"Solicitation" means any communication which
771	directly or implicitly requests an immediate oral response from
772	the recipient.
773	(37)(35)"Statutory accounting" means generally accepted
774	accounting principles, except as modified by this chapter.
775	(38) "Urn" means a receptacle designed to permanently
776	encase cremated remains.
777	Section 14. Section 497.306, Florida Statutes, is created
778	to read:
779	497.306 Standards for grave spaces.--
780	(1) A standard adult grave space shall measure at least 42
781	inches in width and 96 inches in length, except for preinstalled
782	vaults in designated areas. For interments, except cremated
783	remains, the covering soil shall measure no less than 12 inches
784	from the top of the outer burial container, unless such level of
785	soil is not physically possible. In any interment, the family or
786	next of kin may waive the 12-inch coverage minimum.
787	(2)(a) Effective October 1, 2004, and prior to the sale of
788	grave spaces in any undeveloped areas of a licensed cemetery,
789	the cemetery company shall prepare a map documenting the
790	establishment of recoverable internal survey reference markers
791	installed by the cemetery company no more than 100 feet apart in
792	the areas planned for development. The internal reference
793	markers shall be established with reference to survey markers
794	that are no more than 200 feet apart which have been set by a
795	surveyor and mapper licensed under chapter 472 and documented in
796	a certified land survey. Both the map and the certified land
797	survey shall be maintained by the cemetery company and shall be
798	made available upon request to the department or members of the
799	public.
800	(b) The map of the area proposed to be developed shall
801	show:
802	1. The number of grave spaces available for sale.
803	2. The location of each grave space.
804	3. The number designation assigned to each grave space.
805	4. The dimensions of a standard adult grave space.
806	(3) Adult grave spaces established prior to October 1,
807	2004, are not required to meet the standards established under
808	this section for the dimensions or separation of grave spaces.
809	Section 15. Section 497.307, Florida Statutes, is created
810	to read:
811	497.307 Identification of human remains in licensed
812	cemeteries.--On and after October 1, 2004, human remains
813	interred, entombed, scattered, or otherwise placed for final
814	rest at licensed cemeteries shall be identified as follows:
815	(1) Each licensed cemetery shall place on the outer burial
816	container, cremation interment container, or other container, or
817	on the inside of a crypt or niche, a tag or a permanent
818	identifying marker containing the name of the decedent and the
819	date of death, if available. The materials and location of the
820	tag or marker shall be more specifically described by rule of
821	the board.
822	(2) Each licensed cemetery may rely entirely on the
823	identity stated on the burial transit permit or on the
824	identification supplied by a person licensed under chapter 470
825	to establish the identity of the dead human remains delivered by
826	such person for burial and shall not be liable for any
827	differences between the identity shown on the burial transit
828	permit or other identification and the actual identity of the
829	dead human remains delivered by such person and buried in the
830	cemetery.
831	Section 16. Subsections (1) and (4) of section 497.405,
832	Florida Statutes, are amended to read:
833	497.405 Certificate of authority required.--
834	(1)(a) No person, including any cemetery exempt under s.
835	497.003, may sell, advertise to sell, or make an arrangement for
836	a preneed contract without first having a valid certificate of
837	authority.
838	(b) No person, including any cemetery exempt under s.
839	497.003, may sell, advertise to sell, or make an arrangement for
840	services, merchandise, or burial rights on a preneed basis
841	unless such person is authorized pursuant to this chapter to
842	provide such services, merchandise, or burial rights on an at-
843	need basis.
844	(4) The provisions of this section do not apply to
845	religious-institution-owned cemeteries exempt under s.
846	497.003(1)(d), in counties with a population of at least 960,000
847	persons on July 1, 1996, with respect to the sale to the
848	religious institution's members and their families of interment
849	rights, mausoleums, crypts, cremation niches, cremation
850	interment containers, vaults, liners, urns, memorials, vases,
851	foundations, memorial bases, floral arrangements, monuments,
852	markers, engraving, and the opening and closing of interment
853	rights, mausoleums, crypts, and cremation niches, and cremation
854	interment containers, if such cemeteries have engaged in the
855	sale of preneed contracts prior to October 1, 1993, and maintain
856	a positive net worth at the end of each fiscal year of the
857	cemetery.
858	Section 17. Subsection (4) of section 497.419, Florida
859	Statutes, is amended to read:
860	497.419 Cancellation of, or default on, preneed
861	contracts.--
862	(4) Each certificateholder shall provide in conspicuous
863	type in its contract that the contract purchaser may cancel the
864	contract and receive a full refund within 30 days after ofthe
865	date of execution of the contract, except for those amounts
866	allocable to any burial rights, merchandise, or services that
867	have been used by the purchaser. The failure to make such
868	provision shall not impair the contract purchaser's right to
869	cancellation and refund as provided in this section.
870	Section 18. Subsection (4) of section 497.436, Florida
871	Statutes, is amended to read:
872	497.436 Inactive and revoked certificateholders.--
873	(4) Upon receipt of the notice, in order to protect the
874	contract purchaser, the board may:
875	(a) shallReview the certificateholder's:
876	1.(a)Trust funds.
877	2.(b)Trust agreements.
878	3.(c)Evidence of all outstanding preneed contracts.
879	(b) Perform other procedures the board deems necessary.
880	Section 19. This act shall take effect October 1, 2004.