CS/CS/HB 323: Funeral & Cemetery Industry
GENERAL BILL by Brown ; (CO-INTRODUCERS) Anderson ; Baxley ; Bean ; Brummer ; Carroll ; Cretul ; Cusack ; Davis ; Gibson ; Hasner ; Homan ; Jennings ; Kilmer ; Mayfield ; McInvale ; Patterson ; Poppell ; Richardson ; Sansom ; Spratt ; Zapata
Funeral & Cemetery Industry; creates in Financial Services Dept. Funeral, Cemetery, & Consumer Services Div.; creates in Financial Services Dept. Funeral, Cemetery, & Consumer Services Board; abolishes Funeral Directors & Embalmers Board; provides for continued validity of rules of Funeral & Cemetery Services Board, Funeral Directors & Embalmers Board, & DBPR, adopted under certain provisions, etc. Amends FS.
Effective Date: 10/01/2005 except as otherwise provided
Last Action: 4/29/2004 House - Referred to Calendar; Placed on Special Order Calendar; Substituted CS/CS/SB 528; Laid on Table, Link/Iden/Sim/Compare passed, refer to CS/CS/SB 528 (Ch. 2004-301) -HJ 01117
Bill Text: Web Page | PDF
Last Action: 4/29/2004 House - Referred to Calendar; Placed on Special Order Calendar; Substituted CS/CS/SB 528; Laid on Table, Link/Iden/Sim/Compare passed, refer to CS/CS/SB 528 (Ch. 2004-301) -HJ 01117
Bill Text: Web Page | PDF
Bill History
| Date | Chamber | Action |
|---|---|---|
| 12/11/2003 | House |
• Prefiled |
| 1/22/2004 | House |
• Referred to Insurance; Finance & Tax |
| 3/2/2004 | House |
• Introduced, referred to Insurance; Finance & Tax -HJ 00034; On Committee agenda-- Insurance, 03/04/04, 8:45 am, 212-K |
| 3/4/2004 | House |
• Favorable with CS amendment by Insurance; YEAS 20 NAYS 2 -HJ 00240 |
| 3/11/2004 | House |
• Pending review of CS under Rule 6.3(b) |
| 3/23/2004 | House |
• Original reference(s) removed: Finance & Tax -HJ 00308; CS referred to Finance & Tax; Appropriations -HJ 00308 |
| 3/26/2004 | House |
• On Committee agenda-- Finance & Tax, 03/30/04, 8:30 am, Reed Hall |
| 3/30/2004 | House |
• Favorable by Finance & Tax; YEAS 20 NAYS 0 -HJ 00355; Now in Appropriations -HJ 00355 |
| 4/15/2004 | House |
• Withdrawn from Appropriations; Referred to Insurance; Appropriations -HJ 00510 |
| 4/16/2004 | House |
• On Committee agenda-- Insurance, 04/19/04, 3:00 pm, 212-K |
| 4/19/2004 | House |
• Favorable with CS amendment by Insurance; YEAS 14 NAYS 3 -HJ 00853 |
| 4/26/2004 | House |
• Pending review of CS under Rule 6.3(b) |
| 4/28/2004 | House |
• Withdrawn from- Appropriations -HJ 00910 |
| 4/29/2004 | House |
• Referred to Calendar; Placed on Special Order Calendar; Substituted CS/CS/SB 528; Laid on Table, Link/Iden/Sim/Compare passed, refer to CS/CS/SB 528 (Ch. 2004-301) -HJ 01117 |
Related Bills
| Bill Number | Subject | Filed By | Relationship | Last Action and Location |
|---|---|---|---|---|
| S 528 (e1) | Pruitt | Similar | Last Action: 6/17/2004 Approved by Governor; Chapter No. 2004-301 | |
| H 253 | Funeral/Cemetery/Disposition Svcs. | Detert | Compare | Last Action: 4/30/2004 H Died in Committee on Business Regulation, Link/Iden/Sim/Compare passed, refer to CS/CS/SB 528 (Ch. 2004-301) |
Bill Text
| Version | Posted | Format |
|---|---|---|
| H 323 Filed | 12/11/2003 11:34 AM | Web Page | PDF |
| H 323 c1 | 3/11/2004 6:22 PM | Web Page | PDF |
| H 323 c2 | 4/26/2004 8:59 PM | Web Page | PDF |
Committee Amendments
No Committee Amendments Available
Floor Amendments
No Floor Amendments Available
Bill Analyses
| Type | Analysis | Author | Posted | Format |
|---|---|---|---|---|
| Bill Analysis | H 323 | Finance & Tax (Post-Meeting) | ||
| Bill Analysis | H 323 | Finance & Tax (Post-Meeting) | ||
| Bill Analysis | H 323 | Insurance (Post-Meeting) | ||
| Bill Analysis | H 323 | Insurance (Post-Meeting) | ||
| Bill Analysis | H 323 | Insurance (Post-Meeting) | ||
| Bill Analysis | H 323 | Insurance (Post-Meeting) |
Vote History - Committee
No Committee Vote History AvailableVote History - Floor
No Vote History AvailableCitations - Statutes (270)
| Citation | Catchline | Location in Bill Location In Bill Help |
|---|---|---|
| 20.121 | Department of Financial Services. | |
| 20.165 | Department of Business and Professional Regulation. | |
| 316.1974 | Funeral procession right-of-way and liability. | |
| 381.0098 | Biomedical waste. | |
| 382.002 | Definitions. | |
| 403.703 | Definitions. | |
| 406.02 | Medical Examiners Commission; membership; terms; duties; staff. | |
| 406.50 | Unclaimed dead bodies or human remains; disposition, procedure. | |
| 406.52 | Retention of bodies before use; unfit or excess number of bodies, disposition procedure. | |
| 406.53 | Death of indigents; notice; delivery to the anatomical board when unclaimed; exceptions; assessment of fees. | |
| 455.2226 | Funeral directors and embalmers; instruction on HIV and AIDS. | |
| 470.001 | Legislative intent. | |
| 470.002 | Definitions. | |
| 470.003 | Board of Funeral Directors and Embalmers; membership; appointment; terms. | |
| 470.005 | Rulemaking authority of board and department. | |
| 470.006 | Licensure as an embalmer by examination; provisional license. | |
| 470.007 | Licensure as an embalmer by endorsement; registration of a temporary embalmer. | |
| 470.008 | Registration of an embalmer intern. | |
| 470.0085 | Establishment of embalmer apprentice program. | |
| 470.0087 | Practice of funeral directing. | |
| 470.009 | Licensure as a funeral director by examination; provisional license. | |
| 470.011 | Licensure as a funeral director by endorsement; registration of a temporary funeral director. | |
| 470.012 | Registration of a funeral director intern. | |
| 470.013 | License as funeral director and embalmer permitted; display of license. | |
| 470.014 | Concurrent internships. | |
| 470.015 | Renewal of funeral director and embalmer licenses. | |
| 470.016 | Inactive status. | |
| 470.0165 | Direct disposition; duties. | |
| 470.017 | Registration as a direct disposer. | |
| 470.018 | Renewal of registration of direct disposer. | |
| 470.019 | Disciplinary actions against direct disposers and direct disposal establishments. | |
| 470.0201 | Health and safety education. | |
| 470.021 | Direct disposal establishment; standards and location; registration. | |
| 470.022 | Direct disposition not funeral directing. | |
| 470.023 | Practice of direct disposition without registration. | |
| 470.024 | Funeral establishment; licensure. | |
| 470.025 | Cinerator facility; licensure. | |
| 470.0255 | Cremation; procedure required. | |
| 470.026 | Solicitation of goods or services. | |
| 470.027 | Exemption of certificateholder under chapter 497. | |
| 470.028 | Preneed sales; registration of agents. | |
| 470.029 | Reports of cases embalmed and bodies handled. | |
| 470.0294 | Additional rights of legally authorized persons. | |
| 470.0295 | Disinterment; transportation; authorization and notification. | |
| 470.0301 | Removal services; refrigeration facilities; centralized embalming facilities. | |
| 470.031 | Prohibitions; penalties. | |
| 470.0315 | Storage, preservation, and transportation of human remains. | |
| 470.032 | Unlawful to remove or embalm body without consent of proper official when crime is suspected. | |
| 470.033 | Sale of funeral merchandise. | |
| 470.034 | Disclosure of information to public. | |
| 470.035 | Itemized price lists. | |
| 470.0355 | Identification of human remains. | |
| 470.036 | Disciplinary proceedings. | |
| 470.0375 | Cash advance accounts; escrow refund accounts. | |
| 470.038 | Reciprocity. | |
| 470.039 | Exceptions. | |
| 470.0395 | Branch chapels. | |
| 497.001 | Short title. | |
| 497.002 | Purpose and intent. | |
| 497.0021 | ||
| 497.003 | Cemeteries; exemption; investigation and mediation. | |
| 497.004 | Existing companies, effect of this chapter. | |
| 497.005 | Definitions. | |
| 497.025 | Liability. | |
| 497.0255 | Duty of care and maintenance of licensed cemetery. | |
| 497.101 | Board of Funeral and Cemetery Services; membership; appointment; terms. | |
| 497.103 | Rulemaking authority of board and department. | |
| 497.105 | Department; powers and duties. | |
| 497.107 | Headquarters. | |
| 497.109 | Board of Funeral and Cemetery Services; membership. | |
| 497.111 | Publication of information. | |
| 497.113 | Accountability and liability of board members. | |
| 497.115 | Board rules; final agency action; challenges. | |
| 497.117 | Legal and investigative services. | |
| 497.119 | Mediation. | |
| 497.121 | Authority to issue citations. | |
| 497.123 | Powers to administer oaths and issue subpoenas. | |
| 497.125 | Evidence; examiner's worksheets, investigative reports, other related documents. | |
| 497.127 | Injunction to restrain violations. | |
| 497.129 | Cease and desist order; civil penalty; enforcement. | |
| 497.131 | Disciplinary proceedings. | |
| 497.133 | Disciplinary guidelines. | |
| 497.135 | Penalty for giving false information. | |
| 497.137 | Unlicensed activity; emergency cease and desist order; administrative penalty; civil penalty; enforcement; attorney's fees and costs. | |
| 497.140 | ||
| 497.141 | ||
| 497.142 | ||
| 497.143 | ||
| 497.144 | ||
| 497.145 | ||
| 497.146 | ||
| 497.147 | ||
| 497.148 | ||
| 497.149 | ||
| 497.150 | ||
| 497.151 | ||
| 497.152 | ||
| 497.153 | ||
| 497.154 | ||
| 497.155 | ||
| 497.156 | ||
| 497.157 | ||
| 497.158 | ||
| 497.159 | ||
| 497.160 | ||
| 497.161 | ||
| 497.162 | ||
| 497.163 | ||
| 497.164 | ||
| 497.165 | ||
| 497.166 | ||
| 497.167 | ||
| 497.168 | ||
| 497.169 | ||
| 497.170 | ||
| 497.201 | Cemetery companies; license; application; fee. | |
| 497.205 | License not assignable or transferable. | |
| 497.209 | Application for change of control among existing stockholders or partners; investigation fee. | |
| 497.213 | Annual license fees. | |
| 497.217 | Department rules; challenges. | |
| 497.221 | Cease and desist orders. | |
| 497.225 | Civil penalty. | |
| 497.229 | Courts; powers; abatement of nuisances. | |
| 497.233 | Disciplinary proceedings. | |
| 497.237 | Care and maintenance trust fund; remedy of department for noncompliance. | |
| 497.241 | Disposition of income of care and maintenance trust fund; notice to purchasers and depositors. | |
| 497.245 | Care and maintenance trust fund, percentage of payments for burial rights to be deposited. | |
| 497.249 | Care and maintenance trust fund; financial reports. | |
| 497.253 | Minimum acreage; sale or disposition of cemetery lands. | |
| 497.255 | Standards for construction and significant alteration or renovation of mausoleums and columbaria. | |
| 497.257 | Construction of mausoleums, columbaria, and belowground crypts; preconstruction trust fund; compliance requirement. | |
| 497.260 | ||
| 497.261 | ||
| 497.262 | ||
| 497.263 | ||
| 497.264 | ||
| 497.265 | ||
| 497.266 | ||
| 497.267 | ||
| 497.268 | ||
| 497.269 | ||
| 497.270 | ||
| 497.271 | ||
| 497.272 | ||
| 497.273 | ||
| 497.274 | ||
| 497.275 | ||
| 497.276 | ||
| 497.277 | ||
| 497.278 | ||
| 497.280 | ||
| 497.281 | ||
| 497.282 | ||
| 497.283 | ||
| 497.284 | ||
| 497.285 | ||
| 497.286 | ||
| 497.287 | ||
| 497.301 | Toll-free telephone number for complaints. | |
| 497.305 | Cemetery companies; authorized functions. | |
| 497.309 | Records. | |
| 497.313 | Other charges. | |
| 497.317 | Monuments; installation fees. | |
| 497.321 | Solicitation of goods or services. | |
| 497.325 | Illegal tying arrangements. | |
| 497.329 | Registration of brokers of burial rights. | |
| 497.333 | Disclosure of information to public. | |
| 497.337 | Prohibition on sale of personal property or services. | |
| 497.341 | Burial without regard to race or color. | |
| 497.345 | Abandoned cemeteries; immunity; actions. | |
| 497.349 | Inactive cemeteries. | |
| 497.353 | Owners to provide addresses; presumption of abandonment; abandonment procedures; sale of abandoned unused burial rights. | |
| 497.357 | Report of identification of exempt cemeteries. | |
| 497.361 | Registration of monument establishments. | |
| 497.365 | ||
| 497.366 | ||
| 497.367 | ||
| 497.368 | ||
| 497.369 | ||
| 497.370 | ||
| 497.371 | ||
| 497.372 | ||
| 497.373 | ||
| 497.374 | ||
| 497.375 | ||
| 497.376 | ||
| 497.377 | ||
| 497.378 | ||
| 497.379 | ||
| 497.380 | ||
| 497.381 | ||
| 497.382 | ||
| 497.383 | ||
| 497.384 | ||
| 497.385 | ||
| 497.386 | ||
| 497.387 | ||
| 497.388 | ||
| 497.389 | ||
| 497.390 | ||
| 497.391 | ||
| 497.392 | ||
| 497.401 | Preneed sales; chapter exclusive; applicability of other laws. | |
| 497.403 | Insurance business not authorized. | |
| 497.405 | Certificate of authority required. | |
| 497.407 | Certificate of authority; annual statement; renewal; transfer. | |
| 497.409 | Approval of forms. | |
| 497.411 | Nonconforming contracts. | |
| 497.413 | Preneed Funeral Contract Consumer Protection Trust Fund. | |
| 497.415 | Ownership of proceeds received on contracts. | |
| 497.417 | Disposition of proceeds received on contracts. | |
| 497.419 | Cancellation of, or default on, preneed contracts. | |
| 497.421 | Payment of funds upon death of named beneficiary. | |
| 497.423 | Evidence of financial responsibility as alternative to trust deposit. | |
| 497.425 | Alternatives to deposits under s. 497.417. | |
| 497.427 | Existing merchandise trust funds; proof of compliance with law. | |
| 497.429 | Alternative preneed contracts. | |
| 497.431 | Examinations and investigations. | |
| 497.435 | Administrative fine in lieu of revocation or suspension of certificate of authority. | |
| 497.436 | Inactive and revoked certificateholders. | |
| 497.437 | Dissolution or liquidation. | |
| 497.439 | Preneed sales agents. | |
| 497.441 | Acceptability of funeral and burial merchandise. | |
| 497.443 | Unfair methods of competition and unfair or deceptive acts or practices prohibited. | |
| 497.445 | Unfair methods of competition and unfair or deceptive acts or practices defined. | |
| 497.447 | Prohibited practices; hearings, witnesses, appearances, production of books, and service of process. | |
| 497.450 | ||
| 497.451 | ||
| 497.452 | ||
| 497.453 | ||
| 497.454 | ||
| 497.455 | ||
| 497.456 | ||
| 497.457 | ||
| 497.458 | ||
| 497.459 | ||
| 497.460 | ||
| 497.461 | ||
| 497.462 | ||
| 497.463 | ||
| 497.464 | ||
| 497.465 | ||
| 497.466 | ||
| 497.467 | ||
| 497.515 | Additional prohibited acts. | |
| 497.517 | Attorney's fees. | |
| 497.519 | Penalties. | |
| 497.525 | Disposition of fees and penalties. | |
| 497.527 | Civil remedies. | |
| 497.529 | Civil liability. | |
| 497.531 | Unauthorized arrangements. | |
| 497.550 | ||
| 497.551 | ||
| 497.552 | ||
| 497.553 | ||
| 497.554 | ||
| 497.555 | ||
| 497.556 | ||
| 497.601 | ||
| 497.602 | ||
| 497.603 | ||
| 497.604 | ||
| 497.605 | ||
| 497.606 | ||
| 497.607 | ||
| 497.608 | ||
| 501.022 | Home solicitation sale; permit required. | |
| 501.604 | Exemptions. | |
| 626.785 | Qualifications for license. | |
| 765.519 | Enucleation of eyes by licensed funeral directors. |
Citations - Constitution (0)
No Constitutional citations.
Citations - Chapter Law (0)
No Chapter Law citations.
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