HB 0323

CS

CHAMBER ACTION

1	The Committee on Insurance recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to regulation of the funeral and cemetery
7	industry; creating in the Department of Financial Services
8	the Division of Funeral, Cemetery, and Consumer Services;
9	creating in the Department of Financial Services the Board
10	of Funeral, Cemetery, and Consumer Services; abolishing
11	the Board of Funeral and Cemetery Services; abolishing the
12	Board of Funeral Directors and Embalmers; consolidating
13	regulation under chapters 470 and 497, F.S., into ch. 497,
14	F.S., under the Board of Funeral, Cemetery, and Consumer
15	Services in the Department of Financial Services; removing
16	responsibility regarding ch. 470, F.S., from the
17	Department of Business and Professional Regulation;
18	dividing ch. 497, F.S., into part I relating to general
19	provisions, part II relating to cemetery regulation, part
20	III relating to funeral directing, embalming, and related
21	services, part IV relating to preneed sales, part V
22	relating to monument establishments, and part VI relating
23	to cremation, crematories, and direct disposition;
24	providing for the continued validity of licenses,
25	registrations, and certificates issued under chapters 470
26	and 497, F.S.; providing for continued validity of rules
27	of the Board of Funeral and Cemetery Services, the Board
28	of Funeral Directors and Embalmers, and the Department of
29	Business and Professional Regulation, adopted under or in
30	relation to ch. 470, F.S., or ch. 497, F.S.; providing for
31	continued validity of orders entered by the Board of
32	Funeral and Cemetery Services, the Board of Funeral
33	Directors and Embalmers, and the Department of Business
34	and Professional Regulation for or in relation to the
35	enforcement of ch. 470, F.S., or ch. 497, F.S.; providing
36	for the substitution of the Department of Financial
37	Services and the Board of Funeral, Cemetery, and Consumer
38	Services as parties in pending litigation; providing for
39	type two transfers; eliminating or consolidating
40	duplicative provisions from chapters 470 and 497, F.S.;
41	replacing references to registrations, registrants,
42	certificates, and certificateholders with references to
43	licenses and licensees; conforming internal statutory
44	references; amending ss. 497.001, 497.002, 497.005,
45	497.101, 497.103, and 497.107, F.S., to conform; amending
46	and renumbering ss. 470.006, 470.007, 470.008, 470.0085,
47	470.0087, 470.009, 470.011, 470.012, 470.013, 470.014,
48	470.015, 470.016, 470.0165, 470.017, 470.018, 470.0201,
49	470.021, 470.022, 470.024, 470.025, 470.0255, 470.026,
50	470.029, 470.0294, 470.0295, 470.0301, 470.0315, 470.032,
51	470.0355, 470.0375, 470.038, 470.039, 470.0395, 497.003,
52	497.025, 497.0255, 497.121, 497.133, 497.201, 497.205,
53	497.213, 497.229, 497.237, 497.249, 497.253, 497.255,
54	497.257, 497.305, 497.309, 497.321, 497.325, 497.329,
55	497.333, 497.337, 497.349, 497.353, 497.357, 497.361,
56	497.405, 497.407, 497.409, 497.411, 497.413, 497.415,
57	497.417, 497.419, 497.421, 497.423, 497.425, 497.427,
58	497.429, 497.436, 497.437, 497.439, 497.441, 497.525, and
59	497.527, F.S., to conform; renumbering ss. 497.004,
60	497.241, 497.245, 497.313, 497.317, 497.345, 497.401,
61	497.403, and 497.531, F.S., to conform; creating ss.
62	497.0021, 497.141, 497.142, 497.143, 497.144, 497.145,
63	497.146, 497.147, 497.148, 497.149, 497.150, 497.151,
64	497.152, 497.153, 497.156, 497.157, 497.159, 497.161,
65	497.163, 497.166, 497.167, 497.168, 497.274, 497.275,
66	497.365, 497.366, 497.367, 497.551, 497.552, 497.553,
67	497.554, 497.555, 497.556, and 497.608, F.S.; amending
68	chapter name; clarifying purpose and intent of chapter;
69	amending and providing additional definitions; creating
70	the Board of Funeral, Cemetery, and Consumer Services,
71	identifying criteria for membership, describing procedures
72	for appointment of members, and providing administrative
73	procedures regarding operation; allocating authority and
74	responsibility between the board and the Department of
75	Financial Services; providing procedures for establishing
76	and processing fees; providing for creation of
77	disciplinary guidelines; providing for the issuance of
78	disciplinary citations; providing authority for judicial
79	actions to terminate violations and abate nuisances;
80	establishing health and safety education requirements;
81	establishing authority and requirements for the regulation
82	of solicitation of goods and services; establishing
83	liability of owners and others for trust fund deficits;
84	authorizing and clarifying provisions regarding private
85	actions; prohibiting unauthorized arrangements for the
86	sale of funeral or burial merchandiser services;
87	clarifying authority and procedures regarding complaints
88	against unlicensed cemeteries; establishing prohibitions
89	against discrimination based on race or color; providing
90	procedures for the transfer of cemetery licenses;
91	requiring reference to authorizing statute in trust
92	instruments; clarifying requirements for minimum acreage
93	in cemeteries; establishing requirements for the sale,
94	leasing, or encumbering of cemetery lands; amending
95	requirements regarding illegal tying arrangements;
96	establishing requirements regarding burial rights brokers;
97	establishing requirements regarding informational
98	brochures to be provided by cemeteries to customers;
99	authorizing payment of court costs and attorney's fees in
100	litigation to enforce reporting requirements by unlicensed
101	cemeteries; authorizing fees to be specified by the board
102	subject to caps; providing rulemaking authority to the
103	board and the department; establishing and clarifying
104	requirements regarding the processing of dead human
105	bodies; establishing requirements for the approval of
106	preneed contract forms and related forms; authorizing
107	rules regarding the reliance by preneed trustees on the
108	advice of investment advisers and restricting payments to
109	investment advisers; establishing restrictions on the
110	investing or loaning of preneed trust funds; providing
111	additional authority to the board concerning orders to
112	liquidate specified preneed trust fund investments;
113	providing additional authority to the board regarding the
114	requirements of preneed trust instruments; providing
115	requirements and additional authority to the board
116	regarding surrender of preneed licenses; providing
117	procedures and requirements regarding application and
118	issuance of licenses to preneed sales agents; clarifying
119	and establishing requirements regarding persons legally
120	authorized to authorize burial and funeral services and
121	procedures; clarifying applicability of parts; providing
122	general procedures applicable to licensing; providing
123	authority and procedures regarding submission and
124	processing of fingerprints; providing authority and
125	procedures for limited licensing of retired professionals;
126	providing procedures and requirements regarding licensing
127	examinations; allowing use of professional testing
128	services; providing requirements for notification of
129	licensee change of address; providing procedures and
130	requirements for continuing education; providing
131	requirements for monitoring of continuing education by
132	licensees; providing procedures and authority for
133	investigations, inspections, and hearings to be conducted
134	by the department; providing procedures and authority for
135	financial and compliance examinations of licensees by the
136	department; establishing requirements and authority
137	regarding retention of complaints and creation of
138	complaint logs; establishing grounds for disciplinary
139	action; establishing disciplinary procedures and
140	authorizing penalties; providing authority and procedures
141	for action against unlicensed practice; identifying
142	conduct constituting criminal violations; authorizing and
143	providing procedures for receivership proceedings;
144	authorizing rules; providing restrictions in relation to
145	citizenship; establishing responsibility of licensees
146	regarding preneed sales by persons under their
147	supervision; clarifying the relationship of part IV to
148	other parts of the chapter; requiring a toll-free
149	telephone hotline; identifying and providing authority and
150	procedures regarding the executive director of the board;
151	establishing requirements for submission of budget;
152	establishing requirements for a training program for the
153	board members; authorizing newsletters and other
154	informational communications with licensees; authorizing
155	screening of licensed records in relation to child support
156	requirements; clarifying status in regard to insurance
157	coverage and immunity of agents retained by the
158	department; authorizing use of disciplinary settlement
159	funds for training of staff; establishing deadlines for
160	completeness of applications for submission and board
161	meetings; authorizing rules requiring applicants to appear
162	before the board for oral interview by the board;
163	establishing procedures for calculating deadlines for
164	filings by licensees; clarifying status of elected
165	officials licensed under the chapter; providing for
166	presentation of applications to the board by the
167	department; providing standing to the department in
168	judicial proceedings; providing for certain legal services
169	to the board by the Department of Legal Affairs;
170	establishing requirements and authority regarding members
171	of the military reserves; establishing procedures and fees
172	for application for licensure as a cemetery; establishing
173	standards and mapping requirements for grave spaces;
174	establishing requirements for placement of identification
175	tags on grave vaults, mausoleum crypts, and other outer
176	burial containers in licensed cemeteries; establishing
177	requirements and procedures regarding inactive and
178	delinquent licenses under part III; establishing
179	requirements for sending renewal and cancellation of
180	license notices; establishing requirements for instruction
181	on HIV and AIDS; authorizing fees to be determined by the
182	board subject to specified caps; providing rulemaking
183	authority to the board and department; establishing and
184	clarifying requirements regarding the handling and
185	processing of dead human bodies; establishing requirements
186	regarding identification of human remains in licensed and
187	unlicensed cemeteries and by direct disposal
188	establishments; establishing procedures and requirements
189	regarding application for preneed license; authorizing
190	issuance of licenses on probationary status; establishing
191	procedures and requirements for change in control of the
192	preneed license; establishing requirements regarding
193	renewal of preneed licenses; establishing requirements and
194	procedures for the licensure and operation of preneed
195	branches; establishing requirements regarding reports by
196	preneed trusts; establishing procedures and requirements
197	for the licensure of monument establishment businesses;
198	establishing requirements for the renewal of monument
199	establishment licenses; establishing requirements for
200	approval of sales agreement forms used by monument
201	establishments; establishing requirements for procedures
202	by monument establishments in relation to complaints from
203	customers; establishing requirements for refund of moneys
204	to customers in regard to failure to deliver monuments
205	according to contract terms; establishing requirements and
206	procedures for the licensing of sales persons employed by
207	monument establishments; establishing procedures and
208	requirements regarding licensure of monument
209	establishments to engage in preneed sales; establishing
210	requirements and procedures for licensure of direct
211	disposers; establishing requirements and procedures for
212	licensure of direct disposal establishments; establishing
213	requirements applicable to the operation of direct
214	disposal establishments; establishing procedures and
215	requirements for the licensure of cinerator facilities;
216	establishing requirements and procedures for the
217	supervision and operation of cinerator facilities;
218	establishing restrictions on liability for unintentional
219	commingling of cremation residues; amending ss. 20.121,
220	20.165, 316.1974, 381.0098, 382.002, 403.703, 406.02,
221	406.50, 406.52, 406.53, 455.2226, 501.022, 501.604,
222	626.785, and 765.519, F.S.; conforming references;
223	repealing ss. 470.001, 470.002, 470.003, 470.005, 470.019,
224	470.023, 470.027, 470.028, 470.031, 470.033, 470.034,
225	470.035, 470.036, 497.105, 497.109, 497.111, 497.113,
226	497.115, 497.117, 497.119, 497.123, 497.125, 497.127,
227	497.129, 497.131, 497.135, 497.137, 497.209, 497.217,
228	497.221, 497.225, 497.233, 497.301, 497.341, 497.431,
229	497.435, 497.443, 497.445, 497.447, 497.515, 497.517,
230	497.519, and 497.529, F.S., to conform; providing
231	effective dates.
232
233	Be It Enacted by the Legislature of the State of Florida:
234
235	Section 1.  Part I of chapter 497, Florida Statutes,
236	consisting of sections 497.001, 497.002, 497.0021, 497.005,
237	497.101, 497.103, 497.107, 497.140, 497.141, 497.142, 497.143,
238	497.144, 497.145, 497.146, 497.147, 497.148, 497.149, 497.150,
239	497.151, 497.152, 497.153, 497.154, 497.155, 497.156, 497.157,
240	497.158, 497.159, 497.160, 497.161, 497.162, 497.163, 497.164,
241	497.165, 497.166, 497.167, 497.168, 497.169, and 497.170, is
242	created to read:
243	PART I
244	GENERAL PROVISIONS
245	Section 2.  Section 497.001, Florida Statutes, is amended
246	to read:
247	497.001  Popular name Short title.--This chapter shall may
248	be known by the popular name cited as the "Florida Funeral, and
249	Cemetery, and Consumer Services Act."
250	Section 3.  Section 497.002, Florida Statutes, is amended
251	to read:
252	497.002  Purpose and intent.--
253	(1)  The Legislature recognizes that purchasers of preneed
254	burial rights, funeral or burial merchandise, or funeral or
255	burial services may suffer serious economic harm if purchase
256	money is not set aside for future use as intended by the
257	purchaser and that the failure to maintain cemetery grounds
258	properly may cause significant emotional stress. Therefore, it
259	is necessary in the interest of the public welfare to regulate
260	preneed sales and cemeteries certificateholders, licensees,
261	registrants, and cemetery companies in this state. However,
262	restrictions shall be imposed only to the extent necessary to
263	protect the public from significant or discernible harm or
264	damage and not in a manner which will unreasonably affect the
265	competitive market.
266	(2)  Subject to certain interests of society, the
267	Legislature finds that every competent adult has the right to
268	control the decisions relating to her or his own funeral
269	arrangements. Accordingly, unless otherwise stated herein, it is
270	the Legislature's express intent that nothing contained in this
271	chapter should be construed or interpreted in any manner as to
272	subject preneed contract purchasers to federal income taxation
273	under the grantor trust rules contained in ss. 671 et seq. of
274	the Internal Revenue Code of 1986, as amended.
275	(3)  The Legislature deems it necessary in the interest of
276	public health and safety to establish minimum qualifications for
277	entry into the professions and occupations of embalming, funeral
278	directing, cremation, direct disposition, and monument sales, to
279	regulate such activities, and to provide for swift and effective
280	discipline for those practitioners who violate the law.
281	Section 4.  Section 497.0021, Florida Statutes, is created
282	to read:
283	497.0021  Applicability of parts.--The provisions of this
284	part shall be applicable to and supplement the provisions of
285	parts II, III, IV, V, and VI of this chapter and shall be
286	applicable to all licensees under this chapter, except to the
287	extent specifically provided otherwise in this chapter.
288	Section 5.  Section 497.005, Florida Statutes, is amended
289	to read:
290	497.005  Definitions.--As used in this chapter:
291	(1)  "Alternative container" means a nonmetal receptacle or
292	enclosure which is less expensive than a casket and of
293	sufficient strength to be used to hold and transport a dead
294	human body.
295	(2)(1)  "At-need solicitation" means any uninvited contact
296	by a licensee or her or his agent for the purpose of the sale of
297	burial services or merchandise to the family or next of kin of a
298	person after her or his death has occurred.
299	(3)(2)  "Bank of belowground crypts" means any construction
300	unit of belowground crypts which is acceptable to the department
301	and which a cemetery uses to initiate its belowground crypt
302	program or to add to existing belowground crypt structures.
303	(4)(3)  "Belowground crypts" consist of interment space in
304	preplaced chambers, either side by side or multiple depth,
305	covered by earth and sod and known also as "lawn crypts,"
306	"westminsters," or "turf-top crypts."
307	(5)(4)  "Board" means the Board of Funeral, and Cemetery,
308	and Consumer Services.
309	(6)  "Body parts" means:
310	(a)  Limbs or other portions of the anatomy which are
311	removed from a person or human remains for medical purposes
312	during treatment, surgery, biopsy, autopsy, or medical research;
313	or
314	(b)  Human bodies or any portions of human bodies which
315	have been donated to science for medical research purposes.
316	(7)(5)  "Burial merchandise," "funeral merchandise," or
317	"merchandise" means any personal property offered or sold by any
318	person for use in connection with the final disposition,
319	memorialization, interment, entombment, or inurnment of human
320	remains.
321	(8)(6)  "Burial right" means the right to use a grave
322	space, mausoleum, columbarium, ossuary, or scattering garden for
323	the interment, entombment, inurnment, or other disposition of
324	human remains.
325	(9)(7)  "Burial service," "funeral service," or "service"
326	means any service offered or provided by any person in
327	connection with the final disposition, memorialization,
328	interment, entombment, or inurnment of human remains.
329	(10)(8)  "Care and maintenance" means the perpetual process
330	of keeping a cemetery and its lots, graves, grounds,
331	landscaping, roads, paths, parking lots, fences, mausoleums,
332	columbaria, vaults, crypts, utilities, and other improvements,
333	structures, and embellishments in a well-cared-for and dignified
334	condition, so that the cemetery does not become a nuisance or
335	place of reproach and desolation in the community. As specified
336	in the rules of the licensing authority board, "care and
337	maintenance" may include, but is not limited to, any or all of
338	the following activities: mowing the grass at reasonable
339	intervals; raking and cleaning the grave spaces and adjacent
340	areas; pruning of shrubs and trees; suppression of weeds and
341	exotic flora; and maintenance, upkeep, and repair of drains,
342	water lines, roads, buildings, and other improvements. "Care and
343	maintenance" may include, but is not limited to, reasonable
344	overhead expenses necessary for such purposes, including
345	maintenance of machinery, tools, and equipment used for such
346	purposes. "Care and maintenance" may also include repair or
347	restoration of improvements necessary or desirable as a result
348	of wear, deterioration, accident, damage, or destruction. "Care
349	and maintenance" does not include expenses for the construction
350	and development of new grave spaces or interment structures to
351	be sold to the public.
352	(11)(9)  "Casket" means a rigid container which is designed
353	for the encasement of human remains and which is usually
354	constructed of wood or metal, ornamented, and lined with fabric.
355	(12)(10)  "Cemetery" means a place dedicated to and used or
356	intended to be used for the permanent interment of human
357	remains. A cemetery may contain land or earth interment;
358	mausoleum, vault, or crypt interment; a columbarium, ossuary,
359	scattering garden, or other structure or place used or intended
360	to be used for the interment or disposition of cremated human
361	remains; or any combination of one or more of such structures or
362	places.
363	(13)(11)  "Cemetery company" means any legal entity that
364	owns or controls cemetery lands or property.
365	(14)  "Centralized embalming facility" means a facility,
366	not physically connected with a funeral establishment, in which
367	embalming takes place.
368	(12)  "Certificateholder" or "licensee" means the person or
369	entity that is authorized under this chapter to sell preneed
370	funeral or burial services, preneed funeral or burial
371	merchandise, or burial rights. Each term shall include the
372	other, as applicable, as the context requires. For the purposes
373	of chapter 120, all certificateholders, licensees, and
374	registrants shall be considered licensees.
375	(15)  "Cinerator" means a facility where dead human bodies
376	are reduced to a residue, including bone fragments, by direct
377	flame, also known as "cremation," or by intense heat, also known
378	as "calcination."
379	(16)  "Closed container" means any container in which
380	cremated remains can be placed and closed in a manner so as to
381	prevent leakage or spillage of the remains.
382	(17)(13)  "Columbarium" means a structure or building which
383	is substantially exposed above the ground and which is intended
384	to be used for the inurnment of cremated human remains.
385	(18)(14)  "Common business enterprise" means a group of two
386	or more business entities that share common ownership in excess
387	of 50 percent.
388	(19)  "Control" means the possession, directly or
389	indirectly, through the ownership of voting shares, by contract,
390	arrangement, understanding, relationship, or otherwise, of the
391	power to direct or cause the direction of the management and
392	policies of a person or entity. However, a person or entity
393	shall not be deemed to have control if the person or entity
394	holds voting shares, in good faith and not for the purpose of
395	circumventing this definition, as an agent, bank, broker,
396	nominee, custodian, or trustee for one or more beneficial owners
397	who do not individually or as a group have control.
398	(20)  "Cremated remains" means all the remains of the human
399	body recovered after the completion of the cremation process,
400	including processing or pulverization which leaves only bone
401	fragments reduced to unidentifiable dimensions and may include
402	the residue of any foreign matter, including casket material,
403	bridgework, or eyeglasses that were cremated with the human
404	remains.
405	(21)(15)  "Cremation" means the technical process, using
406	direct flame and heat or chemical means, which reduces human
407	remains to bone fragments through heat and evaporation.
408	Cremation includes the processing and usually includes the
409	pulverization of the bone fragments includes any mechanical or
410	thermal process whereby a dead human body is reduced to ashes.
411	Cremation also includes any other mechanical or thermal process
412	whereby human remains are pulverized, burned, recremated, or
413	otherwise further reduced in size or quantity.
414	(22)  "Cremation chamber" means the enclosed space within
415	which the cremation process takes place. Cremation chambers
416	covered by these procedures must be used exclusively for the
417	cremation of human remains.
418	(23)  "Cremation container" means the container in which
419	the human remains are transported to and placed in the cremation
420	chamber for a cremation. A cremation container should meet
421	substantially all of the following standards:
422	(a)  Be composed of readily combustible materials suitable
423	for cremation.
424	(b)  Be able to be closed in order to provide a complete
425	covering for the human remains.
426	(c)  Be resistant to leakage or spillage.
427	(d)  Be rigid enough to be handled with ease.
428	(e)  Be able to provide protection for the health, safety,
429	and personal integrity of crematory personnel.
430	(24)  "Cremation interment container" means a rigid outer
431	container that, subject to a cemetery's rules and regulations,
432	is composed of concrete, steel, fiberglass, or some similar
433	material in which an urn is placed prior to being interred in
434	the ground and that is designed to support the earth above the
435	urn.
436	(25)(16)  "Department" means the Department of Financial
437	Services.
438	(26)  "Direct disposal establishment" means a facility
439	licensed under this chapter where a direct disposer practices
440	direct disposition.
441	(27)(17)  "Direct disposer" means any person licensed under
442	this chapter who is registered in this state to practice direct
443	disposition in this state pursuant to the provisions of chapter
444	470.
445	(28)  "Director" means the director of the Division of
446	Funeral, Cemetery, and Consumer Services.
447	(29)  "Disinterment" means removal of a dead human body
448	from earth interment or aboveground interment.
449	(30)  "Division" means the Division of Funeral, Cemetery,
450	and Consumer Services within the Department of Financial
451	Services.
452	(31)  "Embalmer" means any person licensed under this
453	chapter to practice embalming in this state.
454	(32)(18)  "Final disposition" means the final disposal of a
455	dead human body by earth interment, aboveground interment,
456	cremation, burial at sea, or delivery to a medical institution
457	for lawful dissection if the medical institution assumes
458	responsibility for disposal. "Final disposition" does not
459	include the disposal or distribution of ashes and residue of
460	cremated remains whether by interment, entombment, burial at
461	sea, cremation, or any other means and includes, but is not
462	limited to, any other disposition of remains for which a
463	segregated charge is imposed.
464	(33)  "Funeral" or "funeral service" means the observances,
465	services, or ceremonies held to commemorate the life of a
466	specific deceased human being and at which the human remains are
467	present.
468	(34)(19)  "Funeral director" means any person licensed
469	under this chapter in this state to practice funeral directing
470	in this state pursuant to the provisions of chapter 470.
471	(35)  "Funeral establishment" means a facility licensed
472	under this chapter where a funeral director or embalmer
473	practices funeral directing or embalming.
474	(36)  "Funeral merchandise" or "merchandise" means any
475	merchandise commonly sold in connection with the funeral, final
476	disposition, or memorialization of human remains, including, but
477	not limited to, caskets, outer burial containers, alternative
478	containers, cremation containers, cremation interment
479	containers, urns, monuments, private mausoleums, flowers,
480	benches, vases, acknowledgment cards, register books, memory
481	folders, prayer cards, and clothing.
482	(37)(20)  "Grave space" means a space of ground in a
483	cemetery intended to be used for the interment in the ground of
484	human remains.
485	(38)(21)  "Human remains" or "remains," or "dead human
486	body" or "dead human bodies," means the body of a deceased human
487	person for which a death certificate or fetal death certificate
488	is required under chapter 382 and includes the body in any stage
489	of decomposition and the residue of cremated human bodies means
490	the bodies of deceased persons and includes bodies in any stage
491	of decomposition and cremated remains.
492	(39)  "Legally authorized person" means, in the priority
493	listed, the decedent, when written inter vivos authorizations
494	and directions are provided by the decedent; the surviving
495	spouse, unless the spouse has been arrested for committing
496	against the deceased an act of domestic violence as defined in
497	s. 741.28 which resulted in or contributed to the death of the
498	deceased; a son or daughter who is 18 years of age or older; a
499	parent; a brother or sister who is 18 years of age or older; a
500	grandchild who is 18 years of age or older; a grandparent; or
501	any person in the next degree of kinship. In addition, the term
502	may include, if no family member exists or is available, the
503	guardian of the dead person at the time of death; the personal
504	representative of the deceased; the attorney in fact of the dead
505	person at the time of death; the health surrogate of the dead
506	person at the time of death; a public health officer; the
507	medical examiner, county commission, or administrator acting
508	under part II of chapter 406 or other public administrator; a
509	representative of a nursing home or other health care
510	institution in charge of final disposition; or a friend or other
511	person not listed in this subsection who is willing to assume
512	the responsibility as the legally authorized person. Where there
513	is a person in any priority class listed in this subsection, the
514	funeral establishment shall rely upon the authorization of any
515	one legally authorized person of that class if that individual
516	represents that she or he is not aware of any objection to the
517	cremation of the deceased's human remains by others in the same
518	class of the person making the representation or of any person
519	in a higher priority class.
520	(40)  "License" includes all authorizations required or
521	issued under this chapter, except where expressly indicated
522	otherwise, and shall be understood to include authorizations
523	previously referred to as registrations or certificates of
524	authority in chapters 470 and 497 as those chapters appeared in
525	the 2004 edition of the Florida Statutes.
526	(41)  "Licensee" means the person or entity holding any
527	license or other authorization issued under this chapter, except
528	where expressly indicated otherwise.
529	(42)(22)  "Mausoleum" means a structure or building which
530	is substantially exposed above the ground and which is intended
531	to be used for the entombment of human remains.
532	(43)(23)  "Mausoleum section" means any construction unit
533	of a mausoleum which is acceptable to the department and which a
534	cemetery uses to initiate its mausoleum program or to add to its
535	existing mausoleum structures.
536	(44)(24)  "Monument" means any product used for identifying
537	a grave site and cemetery memorials of all types, including
538	monuments, markers, and vases.
539	(45)(25)  "Monument establishment" means a facility that
540	operates independently of a cemetery or funeral establishment
541	and that offers to sell monuments or monument services to the
542	public for placement in a cemetery.
543	(46)(26)  "Net assets" means the amount by which the total
544	assets of a licensee certificateholder, excluding goodwill,
545	franchises, customer lists, patents, trademarks, and receivables
546	from or advances to officers, directors, employees,
547	salespersons, and affiliated companies, exceed total liabilities
548	of the licensee certificateholder. For purposes of this
549	definition, the term "total liabilities" does not include the
550	capital stock, paid-in capital, or retained earnings of the
551	licensee certificateholder.
552	(47)(27)  "Net worth" means total assets minus total
553	liabilities pursuant to generally accepted accounting
554	principles.
555	(48)  "Niche" means a compartment or cubicle for the
556	memorialization or permanent placement of a container or urn
557	containing cremated remains.
558	(49)(28)  "Ossuary" means a receptacle used for the
559	communal placement of cremated human remains without benefit of
560	an urn or any other container in which cremated remains may be
561	commingled with other cremated remains and are nonrecoverable.
562	It may or may not include memorialization.
563	(50)(29)  "Outer burial container" means an enclosure into
564	which a casket is placed and includes, but is not limited to,
565	vaults made of concrete, steel, fiberglass, or copper; sectional
566	concrete enclosures; crypts; and wooden enclosures.
567	(51)  "Person" when used without qualification such as
568	"natural" or "individual" includes both natural persons and
569	legal entities.
570	(52)  "Personal residence" means any residential building
571	in which one temporarily or permanently maintains her or his
572	abode, including, but not limited to, an apartment or a hotel,
573	motel, nursing home, convalescent home, home for the aged, or a
574	public or private institution.
575	(53)  "Practice of direct disposition" means the cremation
576	of human remains without preparation of the human remains by
577	embalming and without any attendant services or rites such as
578	funeral or graveside services or the making of arrangements for
579	such final disposition.
580	(54)  "Practice of embalming" means disinfecting or
581	preserving or attempting to disinfect or preserve dead human
582	bodies by replacing certain body fluids with preserving and
583	disinfecting chemicals.
584	(55)  "Practice of funeral directing" means the performance
585	by a licensed funeral director of any of those functions
586	authorized by s. 497.372.
587	(56)(30)  "Preneed contract" means any arrangement or
588	method, of which the provider of funeral merchandise or services
589	has actual knowledge, whereby any person agrees to furnish
590	funeral merchandise or service in the future.
591	(57)  "Preneed sales agent" means any person who is
592	licensed under this chapter to sell preneed burial or funeral
593	service and merchandise contracts or direct disposition
594	contracts in this state.
595	(58)  "Principal" means and includes the sole proprietor of
596	a sole proprietorship; all partners of a partnership; all
597	members of a limited liability company; regarding a corporation,
598	all directors and officers, and all stockholders controlling
599	more than 10 percent of the voting stock; and all other persons
600	who can exercise control over the person or entity.
601	(59)  "Processing" means the reduction of identifiable bone
602	fragments after the completion of the cremation process to
603	unidentifiable bone fragments by manual means.
604	(60)  "Profession" and "occupation" are used
605	interchangeably in this chapter. The use of the word
606	"profession" in this chapter with respect to any activities
607	regulated under this chapter shall not be deemed to mean that
608	such activities are not occupations for other purposes in state
609	or federal law.
610	(61)  "Pulverization" means the reduction of identifiable
611	bone fragments after the completion of the cremation and
612	processing to granulated particles by manual or mechanical
613	means.
614	(62)  "Refrigeration facility" means a facility that is not
615	physically connected with a funeral establishment, crematory, or
616	direct disposal establishment, that maintains space and
617	equipment for the storage and refrigeration of dead human
618	bodies, and that offers its service to funeral directors and
619	funeral establishments for a fee.
620	(63)(31)  "Religious institution" means an organization
621	formed primarily for religious purposes which has qualified for
622	exemption from federal income tax as an exempt organization
623	under the provisions of s. 501(c)(3) of the Internal Revenue
624	Code of 1986, as amended.
625	(64)  "Removal service" means any service that operates
626	independently of a funeral establishment, that handles the
627	initial removal of dead human bodies, and that offers its
628	service to funeral establishments and direct disposal
629	establishments for a fee.
630	(65)  "Rules" refers to rules adopted under this chapter
631	unless expressly indicated to the contrary.
632	(66)(32)  "Scattering garden" means a location set aside,
633	within a cemetery, which is used for the spreading or
634	broadcasting of cremated remains that have been removed from
635	their container and can be mixed with or placed on top of the
636	soil or ground cover or buried in an underground receptacle on a
637	commingled basis and that are nonrecoverable. It may or may not
638	include memorialization.
639	(67)(33)  "Servicing agent" means any person acting as an
640	independent contractor whose fiduciary responsibility is to
641	assist both the trustee and licensee certificateholder hereunder
642	in administrating their responsibilities pursuant to this
643	chapter.
644	(68)(34)  "Solicitation" means any communication which
645	directly or implicitly requests an immediate oral response from
646	the recipient.
647	(69)(35)  "Statutory accounting" means generally accepted
648	accounting principles, except as modified by this chapter.
649	(70)  "Temporary container" means a receptacle for cremated
650	remains usually made of cardboard, plastic, or similar material
651	designated to hold the cremated remains until an urn or other
652	permanent container is acquired.
653	(71)  "Urn" means a receptacle designed to permanently
654	encase cremated remains.
655	Section 6.  Section 497.101, Florida Statutes, is amended
656	to read:
657	(Substantial rewording of section. See
658	s. 497.101, F.S., for present text.)
659	497.101  Board of Funeral, Cemetery, and Consumer Services;
660	membership; appointment; terms.--
661	(1)  The Board of Funeral, Cemetery, and Consumer Services
662	is created within the Department of Financial Services and shall
663	consist of 10 members, nine of whom shall be appointed by the
664	Governor from nominations made by the Chief Financial Officer
665	and confirmed by the Senate. The Chief Financial Officer shall
666	nominate three persons for each of the nine vacancies on the
667	board, and the Governor shall fill each vacancy on the board by
668	appointing one of the three persons nominated by the Chief
669	Financial Officer to fill that vacancy. If the Governor objects
670	to each of the three nominations for a vacancy, she or he shall
671	inform the Chief Financial Officer in writing. Upon notification
672	of an objection by the Governor, the Chief Financial Officer
673	shall submit three additional nominations for that vacancy until
674	the vacancy is filled. One member must be the State Health
675	Officer or her or his designee.
676	(2)  Two members of the board must be funeral directors
677	licensed under part III of this chapter who are associated with
678	a funeral establishment. One member of the board must be a
679	funeral director licensed under part III of this chapter who is
680	associated with a funeral establishment licensed under part III
681	of this chapter which has a valid preneed license issued
682	pursuant to this chapter and who owns or operates a cinerator
683	facility approved under chapter 403 and licensed under part VI
684	of this chapter. Two members of the board must be persons whose
685	primary occupation is associated with a cemetery company
686	licensed pursuant to this chapter. Three members of the board
687	must be consumers who are residents of the state, have never
688	been licensed as funeral directors or embalmers, are not
689	connected with a cemetery or cemetery company licensed pursuant
690	to this chapter, and are not connected with the death care
691	industry or the practice of embalming, funeral directing, or
692	direct disposition. One of the consumer members must be at least
693	60 years of age, and one must be licensed as a certified public
694	accountant under chapter 473. One member of the board must be a
695	monument dealer licensed under this chapter. One member must be
696	the State Health Officer or her or his designee. There shall not
697	be two or more board members who are directors, employees,
698	partners, shareholders, or members of the same company or
699	partnership or group of companies or partnerships under common
700	control.
701	(3)  Board members shall be appointed for terms of 4 years,
702	and the State Health Officer shall serve as long as that person
703	holds that office. The designee of the State Health Officer
704	shall serve at the pleasure of the Governor. When the terms of
705	the initial board members expire, the Chief Financial Officer
706	shall stagger the terms of the successor members as follows: one
707	funeral director, one cemetery representative, the monument
708	dealer, and one consumer member shall be appointed for terms of
709	2 years, and the remaining members shall be appointed for terms
710	of 4 years. All subsequent terms shall be for 4 years.
711	(4)  The Governor may suspend and the Senate may remove any
712	board member for malfeasance or misfeasance, neglect of duty,
713	incompetence, substantial inability to perform official duties,
714	commission of a crime, or other substantial cause as determined
715	by the Governor or Senate, as applicable, to evidence a lack of
716	fitness to sit on the board. A board member shall be deemed to
717	have resigned her or his board membership, and that position
718	shall be deemed vacant, upon the failure of the member to attend
719	three consecutive meetings of the board or at least half of the
720	meetings of the board during any 12-month period, unless the
721	Chief Financial Officer determines that there was good and
722	adequate justification for the absences and that such absences
723	are not likely to continue.
724	(5)  A current or former board member is exempt from any
725	civil liability for any act or omission when acting in good
726	faith in her or his official capacity, and the Department of
727	Legal Affairs and the Division of Risk Management shall defend
728	such board member in any civil action against such person
729	arising from any such act or omission.
730	(6)  The headquarters and records of the board shall be in
731	the Division of Funeral, Cemetery, and Consumer Services of the
732	Department of Financial Services in the City of Tallahassee. The
733	board may be contacted through the Division of Funeral,
734	Cemetery, and Consumer Services of the Department of Financial
735	Services in the City of Tallahassee. The Chief Financial Officer
736	shall annually appoint from among the board members a chair and
737	vice chair of the board. The board shall meet at least every 6
738	months, and more often as necessary. Special meetings of the
739	board shall be convened upon the direction of the Chief
740	Financial Officer. A quorum is necessary for the conduct of
741	business by the board. Unless otherwise provided by law, six
742	board members shall constitute a quorum for the conduct of the
743	board's business.
744	(7)  A board member shall be compensated $50 for each day
745	the member attends an official meeting and each day the member
746	participates at the request of the board's executive director in
747	any other business involving the board. To the extent authorized
748	by the s. 112.061, a board member is entitled to reimbursement
749	for expenses incurred in connection with official duties. Out-
750	of-state travel by board members on official business shall, in
751	each specific instance, require the advance approval of the
752	board's executive director in order for the travel to be
753	eligible for reimbursement of expenses.
754	Section 7.  Section 497.103, Florida Statutes, is amended
755	to read:
756	(Substantial rewording of section. See
757	s. 497.103, F.S., for present text.)
758	497.103  Rulemaking authority of board and department.--
759	(1)  BOARD AUTHORITY.--Subject to the provisions of this
760	section, all authority provided under this chapter, including
761	rulemaking authority, relating to the following matters, is
762	vested solely in the board, and the board shall be deemed the
763	licensing authority as to such matters:
764	(a)  Authority to determine any and all criteria for
765	licensure under this chapter as to which this chapter vests
766	discretion in the licensing authority.
767	(b)  Authority to specify who may conduct practical
768	examination under this chapter.
769	(c)  Authority to specify the content of examinations for
770	licensure, both written and practical, and the relative
771	weighting of areas examined, and grading criteria, and
772	determination of what constitutes a passing grade.
773	(d)  Authority to strike any examination question
774	determined before or after an examination to be inappropriate
775	for any reason.
776	(e)  Authority to specify which national examinations or
777	parts thereof shall or shall not be required or accepted
778	regarding Florida licensure.
779	(f)  Authority to determine time limits and substantive
780	requirements regarding reexamination of applicants who fail any
781	portion of a licensing examination.
782	(g)  Authority to determine substantive requirements and
783	conditions relating to apprenticeships and internships, and
784	temporary licensure pending examination.
785	(h)  Authority to determine substantive requirements for
786	licensure by endorsement.
787	(i)  Authority to specify substantive requirements for
788	reactivation of inactive licenses, such as, but not limited to,
789	requirements for examination or education prior to reactivation.
790	(j)  Authority to approve or deny applications for initial
791	licensure of all types under this chapter and to specify
792	conditions for probationary initial licensure.
793	(k)  Authority to renew or decline to renew licenses issued
794	under this chapter.
795	(l)  Authority to approve or deny applications for change
796	of control or location of any licensee.
797	(m)  Authority to determine standards of construction
798	applicable to facilities utilized by licensees under this
799	chapter.
800	(n)  Authority to specify standards of operation applicable
801	to licensees, including required equipment, supplies,
802	facilities, and professional techniques and practices utilized
803	by licensees.
804	(o)  Authority to specify required access to be provided by
805	cemeteries to monument establishments licensed under this
806	chapter.
807	(p)  Authority to determine required criteria for and
808	provisions in agreements among licensees regarding the shared
809	use of professional facilities, such as, but not limited to,
810	embalming preparation rooms.
811	(q)  Authority to specify the amount and content of
812	continuing education required of licensees and the acceptability
813	of continuing education by distance learning.
814	(r)  Authority to approve or disapprove providers of
815	continuing education.
816	(s)  Authority to specify the amount and content of safety
817	education courses required by unlicensed staff of licensees.
818	(t)  Authority regarding establishing requirements to
819	maintain complaint logs and complaint records.
820	(u)  Authority to approve or disapprove contract forms,
821	trust instruments, and all other forms required to be filed by
822	licensees for approval under this chapter.
823	(v)  Authority to determine through probable cause panels
824	of the board whether proposed administrative prosecutions of
825	licensees shall go forward.
826	(w)  Authority to establish disciplinary guidelines and to
827	identify violations or categories of violation for which the
828	department may issue citations under this chapter.
829	(x)  Authority to determine whether any licensee shall have
830	her or his license revoked or suspended or be fined or otherwise
831	sanctioned and to take final action in that regard.
832	(y)  Authority to determine the validity of and amount due
833	on claims against the Preneed Funeral Contract Consumer
834	Protection Trust Fund.
835	(z)  Authority to approve or deny applications to utilize
836	any alternative to trust deposits concerning preneed sales.
837	(aa)  Authority to determine the method by which wholesale
838	cost is determined for purposes of determining the amount of the
839	preneed trust deposits required under this chapter.
840	(bb)  Authority to determine the amount of any fee payable
841	under this chapter as to which this chapter provides discretion
842	in setting the amount of the fee.
843	(cc)  Authority to direct the initiation of receivership or
844	other delinquency proceedings against any licensee under this
845	chapter.
846	(2)  DEPARTMENT AUTHORITY.--All authority provided by this
847	chapter and not expressly vested in the board by subsection (1)
848	is vested in the department, and the department shall be deemed
849	to be the licensing authority as to such matters. Without
850	limiting the generality of the foregoing vesting of authority in
851	the department, the authority provided by this chapter which is
852	vested solely in the department includes:
853	(a)  Authority relating to the conduct of investigations,
854	financial examinations, and inspections, including, but not
855	limited to:
856	1.  Determination of applicants, licensees, and other
857	persons to be investigated, subjected to financial examination,
858	or inspected.
859	2.  The frequency, duration, and extent of investigations,
860	financial examinations, and inspections.
861	3.  Techniques and procedures utilized in, and staff
862	assigned to, investigations, financial examinations, and
863	inspections.
864	4.  Establishment of requirements binding upon licensees
865	and other persons regarding records and information to be
866	produced or provided, and access to facilities and staff, in
867	regard to investigations, financial examinations, and
868	inspections.
869	5.  Preparation and filing of reports concerning
870	investigations, financial examinations, and inspections.
871	(b)  Authority to receive fees and other amounts payable
872	under this chapter to the licensing authority or to the
873	Regulatory Trust Fund or Preneed Funeral Contract Consumer
874	Protection Trust Fund from licensees, applicants, and others and
875	to process and deposit such receipts in accordance with this
876	chapter and the laws of this state.
877	(c)  Authority to prescribe forms and procedures to be used
878	by applicants or licensees relating to any and all applications,
879	filings, or reports of any type that are made with or submitted
880	to the licensing authority by any person or entity pursuant to
881	this chapter, including, but not limited to, applications for
882	licenses of any type under this chapter, applications for
883	renewal of license, applications for approval of forms,
884	applications for approval of change of control, periodic reports
885	of operations, including format and reporting period for
886	financial statements, and procedures and provisions relating to
887	electronic submissions.
888	(d)  Authority to determine any application or other filing
889	made under this chapter to be incomplete and not subject to
890	further processing until made complete.
891	(e)  Authority to initiate and prosecute administrative and
892	judicial action, including taking final action, regarding
893	activity by persons and entities not licensed under this chapter
894	engaging in activity the department deems to be in violation of
895	this chapter.
896	(f)  Authority regarding procedures and requirements
897	relating to security of examinations for licensure.
898	(g)  Authority to determine the systems, methods, means,
899	facilities, equipment, procedures, budgets, department staff,
900	and other persons and entities, whether inside or outside the
901	department, to be used in relation to recording, tracking, and
902	processing licensing applications, the administrative issuance
903	and denial of licenses, license renewals, disciplinary actions,
904	continuing education, filings made or required under this
905	chapter, and all other administrative matters relating to the
906	implementation and enforcement of this chapter.
907	(h)  Authority to determine the number, hiring, assignment,
908	and discharge of department staff in relation to implementation
909	of this chapter.
910	(i)  Authority to determine whether any contract or
911	agreement authorized to be entered into by this chapter, on any
912	subject matter, shall be entered into and sole authority to
913	enter into any such other contract or agreement regarding the
914	implementation of this chapter.
915	(j)  Subject to the requirements for probable cause
916	proceedings before a probable cause panel of the board and
917	subject to the sole authority of the board to take final action
918	imposing disciplinary sanctions, all authority to draft,
919	execute, file, serve, and prosecute administrative complaints
920	and other action against any licensee. However, the Chief
921	Financial Officer may in particular instances decline to
922	prosecute or to continue to prosecute, in which case the board
923	may request the Department of Legal Affairs to conduct or
924	continue to conduct the prosecution and the Department of Legal
925	Affairs shall be authorized at its discretion to do so.
926	(k)  Authority to seek administrative or judicial
927	enforcement of orders of the board or department or of statutory
928	predecessors to the board or department. However, the Chief
929	Financial Officer may in particular instances decline to seek
930	enforcement or to continue to seek enforcement of any order, in
931	which case the board may request the Department of Legal Affairs
932	to conduct or continue to conduct such enforcement action and
933	the Department of Legal Affairs shall be authorized at its
934	discretion to do so.
935	(l)  The department shall represent the board in any appeal
936	of a board final order. However, the Chief Financial Officer may
937	in particular instances decline to represent the board, in which
938	case the board may request the Department of Legal Affairs to
939	represent the board in the matter and the Department of Legal
940	Affairs shall be authorized at its discretion to do so.
941	(m)  Authority to take emergency action against any
942	licensee under this chapter without prior consultation with the
943	board.
944	(n)  Authority to develop and submit to the Legislature
945	from time to time budgets for the implementation of this
946	chapter.
947	(o)  The department shall have the authority and duty to
948	provide necessary administrative support to the board as
949	reasonably required to allow the board to discharge its
950	responsibilities under this chapter.
951	(3)  RECOMMENDATIONS BY DEPARTMENT STAFF.--The board shall
952	carefully review and give substantial weight to any
953	recommendation of department staff concerning any matter coming
954	before the board and upon request of department staff shall
955	state with specificity on the record at the board meeting where
956	the rejection occurs the reason or reasons why the board has
957	rejected a particular recommendation of the department staff.
958	(4)  RECOMMENDATIONS BY THE CHIEF FINANCIAL OFFICER.--
959	(a)  As to any matter falling within the board's authority,
960	if the Chief Financial Officer submits or causes to be submitted
961	to the board at any board meeting any recommendation signed by
962	the Chief Financial Officer, the Chief Financial Officer's
963	recommendation shall be adopted by the board and the board shall
964	act and be deemed to act in accordance with such recommendation,
965	unless at such meeting 70 percent of the board members present
966	and voting vote to reject the Chief Financial Officer's
967	recommendation. Any fractional vote resulting from application
968	of the 70-percent requirement shall be rounded upward and
969	counted as one additional vote in determining how many votes are
970	required to reject the Chief Financial Officer's recommendation.
971	The Chief Financial Officer's recommendation to the board shall
972	be in regard to one or more of the following matters:
973	1.  Protecting the public from any significant and
974	discernible harm or damage.
975	2.  Preventing the unreasonable restriction of competition
976	or the availability of professional services in the state or in
977	a significant part of the state.
978	3.  Preventing the unnecessary increase in cost of
979	professional services without a corresponding or equivalent
980	public benefit.
981	(b)  If the recommendation of department staff to the board
982	as to any matter shall be rejected or otherwise overridden by
983	the board to any degree, the board's action in the matter shall
984	not be final until 14 days have elapsed after the board rejected
985	or overrode the recommendation of department staff and, if
986	during such 14-day period the Chief Financial Officer submits a
987	recommendation concerning the matter to the board pursuant to
988	paragraph (a), until the effect of such recommendation is
989	determined in accordance with paragraph (a). The running of the
990	period under s. 120.60 for approving or denying a completed
991	application shall be tolled during such 14-day period.
992	(c)  If the Chief Financial Officer makes any
993	recommendation pursuant to this subsection concerning approval
994	or denial of an application for license or otherwise under this
995	chapter, the running of the period under s. 120.60 for approving
996	or denying a completed application shall be tolled from the date
997	of the Chief Financial Officer's recommendation is made for the
998	shorter of 90 days or until the effect of such recommendation is
999	determined in accordance with paragraph (a).
1000	(d)  If any recommendation by the Chief Financial Officer
1001	made under this subsection would require initiation of
1002	rulemaking proceedings under chapter 120 as a prerequisite to
1003	implementation of such recommendation by the board and such
1004	recommendation becomes binding on the board pursuant to this
1005	subsection, the board shall promptly and in good faith initiate
1006	and conduct such rulemaking proceedings or may in regard to the
1007	promulgation of the specific rule in issue delegate to the
1008	department the board's rulemaking authority under this chapter,
1009	in which case the department shall be authorized to adopt the
1010	rule.
1011	(5)  RULEMAKING.--
1012	(a)  The board is authorized to adopt all rules authorized
1013	under this chapter regarding matters under the board's
1014	authority.
1015	(b)  The department is authorized to adopt all rules
1016	authorized under this chapter regarding matters which fall under
1017	the department's authority or as to which the board has
1018	delegated rulemaking authority to the department.
1019	(c)  Neither the board nor the department shall initiate
1020	rulemaking under their respective rulemaking authority under
1021	this chapter unless they have provided each other at least 60
1022	days' advance notice of their intent to initiate rulemaking
1023	proceedings and during that 60-day period have conferred and
1024	consulted with each other concerning the purpose and intent of
1025	the rulemaking. However, the 60-day advance notice requirement
1026	does not apply to the promulgation of emergency rules.
1027	(6)  FINAL ORDERS.--
1028	(a)  The board shall have authority to take final action
1029	and issue final orders as to all matters under its authority.
1030	The chairperson of the board shall be authorized to sign orders
1031	of the board and may delegate such authority to the executive
1032	director of the board.
1033	(b)  The department shall have authority to take final
1034	action and issue final orders as to all matters under its
1035	authority.
1036	(7)  ACTIONS BY BOARD AND DEPARTMENT.--
1037	(a)  The department and the board shall each have standing
1038	to institute judicial or other proceedings against the other for
1039	the enforcement of this section.
1040	(b)  The board shall have standing as a party litigant to
1041	challenge any rule proposed or adopted by the department under
1042	authority of this chapter, upon any grounds enumerated in s.
1043	120.52(8).
1044	(c)  The board shall be represented by the Department of
1045	Legal Affairs in any litigation by the board against the
1046	department authorized by this subsection, and the Department of
1047	Financial Services shall provide reasonable funds for the
1048	conduct of such litigation by the board.
1049	(d)  No applicant, licensee, or person other than the board
1050	shall have standing in any proceeding under chapter 120 to
1051	assert that any rule adopted by the department under asserted
1052	authority of this chapter is invalid because it relates to a
1053	matter under the board's authority.
1054	Section 8.  Section 497.107, Florida Statutes, is amended
1055	to read:
1056	497.107  Headquarters.--The Board of Funeral, and Cemetery,
1057	and Consumer Services may be contacted through the division at
1058	the headquarters of the department in the City of Tallahassee.
1059	Section 9.  Section 497.525, Florida Statutes, is
1060	renumbered as section 497.140, Florida Statutes, and amended to
1061	read:
1062	(Substantial rewording of section. See
1063	s. 497.525, F.S., for present text.)
1064	497.140  Fees.--
1065	(1)(a)  As to any fee payable under this chapter as to
1066	which discretion is provided to the licensing authority to
1067	specify the amount of the fee subject to a cap stated in this
1068	chapter, the board shall from time to time as requested by the
1069	department determine by rule the amount of such fee, based upon
1070	department-prepared estimates of the revenue required to
1071	implement all provisions of this chapter.
1072	(b)  It is the legislative intent that the costs of
1073	regulation under this chapter be provided for by fees collected
1074	under this chapter. The board shall ensure that fees are
1075	adequate to cover all anticipated costs of implementation of
1076	this chapter. The department shall at least every other year
1077	provide the board with estimates as to projected costs in
1078	implementing this chapter and projected fee collections under
1079	this chapter for the following 2 years, information as to
1080	balances of regulatory trusts from fees collected, other
1081	information which the department deems material to the setting
1082	of fees by the board at proper levels, and a department
1083	recommendation as to action, if any, regarding changing fee
1084	levels. The board shall review such information provided by the
1085	department and make such changes in fees, up or down, as the
1086	board determines appropriate. If sufficient action is not taken
1087	by the board within 1 year after notification by the department
1088	that fees are projected to be inadequate, the department shall
1089	set fees on behalf of the board to cover anticipated costs.
1090	(c)  The board may from time to time by rule assess and
1091	collect a one-time fee from each active and each voluntary
1092	inactive licensee under this chapter in an amount necessary to
1093	correct an inadequacy of fees received to implement regulation
1094	required by this chapter, provided that no more than one such
1095	assessment may be made in any 4-year period without specific
1096	legislative authorization.
1097	(2)  All moneys collected under this chapter shall be paid
1098	into the Regulatory Trust Fund, except as expressly provided
1099	otherwise in this chapter. The Legislature shall appropriate
1100	funds from this trust fund sufficient to implement the
1101	provisions of this chapter.
1102	(3)  The department, in consultation with the board, shall
1103	from time to time recommended fee and fee cap increases to the
1104	Legislature as deemed advisable.
1105	(4)  If a duplicate license is required or requested by the
1106	licensee, the department may charge a fee as determined by rule
1107	not to exceed $25 before issuance of the duplicate license.
1108	(5)  The department shall charge a fee not to exceed $25
1109	for the certification of a public record. The fee shall be
1110	determined by rule of the department. The department shall
1111	assess a fee for duplication of a public record as provided in
1112	s. 119.07(1)(a) and (b).
1113	(6)(a)  The department shall impose, upon initial licensure
1114	and each renewal thereof, a special unlicensed activity fee of
1115	$5 per licensee, in addition to all other fees provided for in
1116	this chapter. Such fee shall be used by the department to fund
1117	efforts to identify and combat unlicensed activity which
1118	violates this chapter. Such fee shall be in addition to all
1119	other fees collected from each licensee and shall be deposited
1120	in a separate account of the Regulatory Trust Fund; however, the
1121	department is not limited to the funds in such an account for
1122	combating improper unlicensed activity in violation of this
1123	chapter.
1124	(b)  The board may with the concurrence of the department,
1125	if that portion of the Regulatory Trust Fund held by the
1126	department for implementation of this chapter is not in deficit
1127	and has a reasonable cash balance, earmark $5 of each initial
1128	licensure and each license renewal fee collected under this
1129	chapter and direct the deposit of each such amount into the
1130	separate account required in paragraph (a), to be utilized by
1131	the department for the purposes of combating unlicensed practice
1132	in violation of this chapter. Such earmarked amount may be, as
1133	the board directs, in lieu of or in addition to the special
1134	unlicensed activity fee imposed under paragraph (a). The
1135	earmarking may be imposed and thereafter eliminated from time to
1136	time according the adequacy of trust funds held for
1137	implementation of this chapter.
1138	(c)  The department shall confer and consult with the board
1139	regarding enforcement methods and strategies regarding the use
1140	of such unlicensed activity fee funds.
1141	(7)  Any fee required to be paid under this chapter, which
1142	was set at a fixed amount as the 2004 edition of the Florida
1143	Statutes, but as to which this chapter now provides to be a fee
1144	as determined by board rule subject to a cap specified in this
1145	chapter, shall remain at the amount as set in the 2004 edition
1146	of the Florida Statutes unless and until the board shall change
1147	such fee by rule.
1148	Section 10.  Section 497.141, Florida Statutes, is created
1149	to read:
1150	497.141  Licensing; general application procedures.--
1151	(1)  The provisions of this section shall supplement and
1152	implement all provisions of this chapter relating to application
1153	for licensure.
1154	(2)  Any person desiring to be licensed shall apply to the
1155	licensing authority in writing using such forms and procedures
1156	as may be prescribed by rule. The application for licensure
1157	shall include the applicant's social security number.
1158	Notwithstanding any other provision of law, the department is
1159	the sole authority for determining the forms and form contents
1160	to be submitted for initial licensure and licensure renewal
1161	application. Such forms and the information and materials
1162	required by such forms may include, as appropriate,
1163	demographics, education, work history, personal background,
1164	criminal history, finances, business information, signature
1165	notarization, performance periods, reciprocity, local government
1166	approvals, supporting documentation, periodic reporting
1167	requirements, fingerprint requirements, continuing education
1168	requirements, business plans, character references, and ongoing
1169	education monitoring. Such forms and the information and
1170	materials required by such forms may also include, to the extent
1171	such information or materials are not already in the possession
1172	of the department or the board, records or information as to
1173	complaints, inspections, investigations, discipline, bonding,
1174	and photographs. The application shall be supplemented as needed
1175	to reflect any material change in any circumstance or condition
1176	stated in the application which takes place between the initial
1177	filing of the application and the final grant or denial of the
1178	license and which might affect the decision of the department or
1179	the board.
1180	(3)  The department shall conduct such investigation of the
1181	applicant and the application as the department deems necessary
1182	or advisable to establish the correctness of matters stated in
1183	the application and to determine whether the applicable
1184	licensing criteria are met and shall make recommendations in
1185	those regards to the board.
1186	(4)  Before the issuance of any license, the department
1187	shall collect such initial fee as specified by this chapter or,
1188	where authorized, by rule of the board. Upon receipt of a
1189	completed application and the appropriate fee, and certification
1190	by the board that the applicant meets the applicable
1191	requirements of law and rules, the department shall issue the
1192	license applied for. However, an applicant who is not otherwise
1193	qualified for licensure is not entitled to licensure solely
1194	based on a passing score on a required examination.
1195	(5)  The board may refuse to rule on an initial application
1196	for licensure by any applicant who is under investigation or
1197	prosecution in any jurisdiction for an action which there is
1198	reasonable cause to believe would constitute a violation of this
1199	chapter if committed in this state, until such time as such
1200	investigation or prosecution is completed and the results of the
1201	investigation or prosecution are reviewed by the board.
1202	(6)  When any administrative law judge conducts a hearing
1203	pursuant to the provisions of chapter 120 with respect to the
1204	issuance or denial of a license under this chapter, the
1205	administrative law judge shall submit her or his recommended
1206	order to the board, which shall thereupon issue a final order.
1207	The applicant for a license may appeal the final order in
1208	accordance with the provisions of chapter 120.
1209	(7)  A privilege against civil liability is hereby granted
1210	to any witness for any information furnished by the witness in
1211	any proceeding pursuant to this section, unless the witness
1212	acted in bad faith or with malice in providing such information.
1213	(8)  Pursuant to the federal Personal Responsibility and
1214	Work Opportunity Reconciliation Act of 1996, each applicant for
1215	licensure is required to provide her or his social security
1216	number in accordance with this section. Disclosure of social
1217	security numbers obtained through this requirement shall be
1218	limited to the purpose of administration of the Title IV-D
1219	program for child support enforcement and use by the department
1220	and as otherwise provided by law.
1221	(9)  Whenever any provision of this chapter or rules
1222	adopted under this chapter require student completion of a
1223	specific number of clock hours of classroom instruction for
1224	initial licensure purposes, there shall be established by rule
1225	the minimal competencies that such students must demonstrate in
1226	order to be licensed. The demonstration of such competencies may
1227	be substituted for specific classroom clock-hour requirements
1228	established in statute or rule which are related to
1229	instructional programs for licensure purposes. Student
1230	demonstration of the established minimum competencies shall be
1231	certified by the educational institution. The provisions of this
1232	subsection shall not apply if federal licensure standards are
1233	more restrictive or stringent than the standards prescribed in
1234	this chapter.
1235	(10)  No license issued under this chapter shall be
1236	assignable or transferable except to the extent specifically
1237	provided by this chapter.
1238	(11)  The department shall implement a system for
1239	administration of the overall licensing process, including the
1240	processing and tracking of applications for licensure, the
1241	issuance of licenses approved by the board, the tracking of
1242	licenses issued, the administration of the license renewal
1243	process, and the collection and processing of fees related to
1244	those activities. The system may use staff and facilities of the
1245	department or the department may enter into a contract for all
1246	or any part of such system, upon such terms and conditions as
1247	the department deems advisable, and such contract may be with
1248	another government agency or a private business.
1249	Section 11.  Section 497.142, Florida Statutes, is created
1250	to read:
1251	497.142  Licensing; fingerprinting and criminal background
1252	checks.--
1253	(1)  In any instance that this chapter requires submission
1254	of fingerprints in connection with an application for license,
1255	the provisions of this section shall apply.
1256	(2)  The fingerprints must be taken by a law enforcement
1257	agency or other agency or entity approved by the department and
1258	in such a way as to allow their use to obtain a criminal history
1259	check through the Department of Law Enforcement.
1260	(3)  The department shall submit the fingerprints to or
1261	cause them to be submitted to the Department of Law Enforcement
1262	for the purpose of ascertaining whether the person fingerprinted
1263	has a criminal history in any state or before the Federal
1264	Government and, if so, the nature of the criminal history.
1265	(4)  The Department of Law Enforcement may accept
1266	fingerprints of any applicant under this chapter, any principal
1267	of any such applicant, and any other person who is examined or
1268	investigated or who is subject to examination or investigation
1269	under the provisions of this chapter.
1270	(5)  The Department of Law Enforcement may, to the extent
1271	provided for by federal law, exchange state, multistate, and
1272	federal criminal history records with the department and the
1273	board for the purpose of the issuance, denial, suspension, or
1274	revocation of any license or other application under this
1275	chapter.
1276	(6)  The Department of Law Enforcement may accept
1277	fingerprints of any other person required by statute or rule to
1278	submit fingerprints to the department or board or any applicant
1279	or licensee regulated by the department or board who is required
1280	to demonstrate that she or he has not been convicted of or pled
1281	guilty or nolo contendere to a felony or a misdemeanor.
1282	(7)  The Department of Law Enforcement shall, upon receipt
1283	of fingerprints from the department, submit the fingerprints to
1284	the Federal Bureau of Investigation to check federal criminal
1285	history records.
1286	(8)  Statewide criminal records obtained through the
1287	Department of Law Enforcement, federal criminal records obtained
1288	through the Federal Bureau of Investigation, and local criminal
1289	records obtained through local law enforcement agencies shall be
1290	used by the department and board for the purpose of issuance,
1291	denial, suspension, or revocation of certificates of authority,
1292	certifications, or licenses issued to operate in this state.
1293	(9)  For the purposes of criminal background checks,
1294	applicants and principals of applicants for any approval or
1295	license under this chapter may be required to disclose whether
1296	they have ever had their name legally changed and any prior name
1297	or names they have used.
1298	(10)  If any applicant under this chapter has been, within
1299	the 10 years preceding the application under this chapter,
1300	convicted or found guilty of, or entered a plea of nolo
1301	contendere to, regardless of adjudication, any crime in any
1302	jurisdiction, the application shall not be deemed complete until
1303	such time as the applicant provides such certified true copies
1304	of the court records evidencing the conviction, finding, or
1305	plea, as the licensing authority may by rule require.
1306	Section 12.  Section 497.143, Florida Statutes, is created
1307	to read:
1308	497.143  Licensing; limited licenses for retired
1309	professionals.--
1310	(1)  It is the intent of the Legislature that, absent a
1311	threat to the health, safety, and welfare of the public, the use
1312	of retired professionals in good standing to serve the indigent,
1313	underserved, or critical need populations of this state should
1314	be encouraged. To that end, rules may be adopted to permit
1315	practice by retired professionals as limited licensees under
1316	this section.
1317	(2)  Any person desiring to obtain a limited license, when
1318	permitted by rule, shall submit to the department an application
1319	and fee, not to exceed $300, and an affidavit stating that the
1320	applicant has been licensed to practice in any jurisdiction in
1321	the United States for at least 10 years in the profession for
1322	which the applicant seeks a limited license. The affidavit shall
1323	also state that the applicant has retired or intends to retire
1324	from the practice of that profession and intends to practice
1325	only pursuant to the restrictions of the limited license granted
1326	pursuant to this section. If the applicant for a limited license
1327	submits a notarized statement from the employer stating that the
1328	applicant will not receive monetary compensation for any service
1329	involving the practice of her or his profession, the application
1330	and all licensure fees shall be waived.
1331	(3)  Limited licensure may be denied to an applicant who
1332	has committed, or is under investigation or prosecution for, any
1333	act which would constitute the basis for discipline under this
1334	chapter.
1335	(4)  The recipient of a limited license may practice only
1336	in the employ of public agencies or institutions or nonprofit
1337	agencies or institutions which meet the requirements of 26
1338	U.S.C. 501(c)(3) of the Internal Revenue Code and which provide
1339	professional liability coverage for acts or omissions of the
1340	limited licensee. A limited licensee may provide services only
1341	to the indigent, underserved, or critical need populations
1342	within the state. The standard for determining indigence shall
1343	be that recognized by the Federal Poverty Income Guidelines
1344	produced by the United States Department of Health and Human
1345	Services. Rules may be adopted to define underserved and
1346	critical need areas and to ensure implementation of this
1347	section.
1348	(5)  The department may provide by rule for supervision of
1349	limited licensees to protect the health, safety, and welfare of
1350	the public.
1351	(6)  Each applicant granted a limited license is subject to
1352	all the provisions of this chapter under which the limited
1353	license is issued which are not in conflict with this section.
1354	Section 13.  Section 497.144, Florida Statutes, is created
1355	to read:
1356	497.144  Licensing; examinations, general provisions.--
1357	(1)  The department shall, with the approval of the board,
1358	provide, contract, or approve services for the development,
1359	preparation, administration, scoring, score reporting, and
1360	evaluation of all examinations and may use professional testing
1361	services for the development, preparation, and evaluation of
1362	examinations, when such services are available. The department
1363	may contract with the Department of Business and Professional
1364	Regulation for any examination services.
1365	(2)  After an examination has been administered, the board
1366	may reject any question that does not reliably measure the
1367	required competency.
1368	(3)  For each examination there shall by rule be specified
1369	the general areas of competency to be covered by the
1370	examination, the relative weight to be assigned in grading each
1371	area tested, the score necessary to achieve a passing grade, and
1372	the fees, where applicable, to cover the actual cost for any
1373	purchase, development, and administration of the required
1374	examination. However, statutory fee caps shall apply. This
1375	subsection does not apply to national examinations approved and
1376	administered pursuant to subsection (5).
1377	(4)  If a practical examination is utilized, rules shall
1378	specify the criteria by which examiners are to be selected, the
1379	grading criteria to be used by the examiner, the relative weight
1380	to be assigned in grading each criterion, and the score
1381	necessary to achieve a passing grade. Procedures for practical
1382	examinations shall be specified by rule. Board members may serve
1383	as examiners at a practical examination with the consent of the
1384	board.
1385	(5)  The board may approve the use of any national
1386	examination. Providers of examinations may be either profit or
1387	nonprofit entities. The name and number of a candidate may be
1388	provided to a national contractor for the limited purpose of
1389	preparing the grade tape and information to be returned to the
1390	department or, to the extent otherwise specified by rule, the
1391	candidate may apply directly to the vendor of the national
1392	examination. The department may delegate to the board the duty
1393	to provide and administer the examination.
1394	(6)  Rules may be adopted establishing procedures and
1395	requirements for the security and monitoring of examinations. In
1396	order to maintain the security of examinations, the department
1397	may seek fines and injunctive relief in the courts of this state
1398	against an examinee who violates applicable security rules. The
1399	department, or any agent thereof, may, for the purposes of
1400	investigation, confiscate any written, photographic, or
1401	recording material or device in the possession of the examinee
1402	at the examination site which the department deems necessary to
1403	enforce the security of examinations.
1404	(7)  The department may, with the approval of the board and
1405	for a fee, share with any other state's licensing authority an
1406	examination developed by or for the board unless prohibited by a
1407	contract entered into by the department for development or
1408	purchase of the examination. The department shall establish
1409	guidelines that ensure security of a shared examination and
1410	shall require that any other state's licensing authority comply
1411	with those guidelines.
1412	(8)  If both a written and a practical examination are
1413	given, an applicant shall be required to retake only the portion
1414	of the examination for which she or he failed to achieve a
1415	passing grade, if she or he successfully passes that portion
1416	within a reasonable time of her or his passing the other
1417	portion. Rules may be adopted establishing procedures and
1418	reasonable times for retaking failed portions of any
1419	examination.
1420	(9)  Except for national examinations approved and
1421	administered pursuant to this section, procedures shall be
1422	established by rule for applicants who have taken and failed a
1423	written examination to review their examination questions,
1424	answers, papers, grades, and grading key for the questions the
1425	candidate answered incorrectly or, if not feasible, the parts of
1426	the examination failed. Applicants shall bear the actual cost
1427	for the department to provide examination review pursuant to
1428	this subsection. An applicant may waive in writing the
1429	confidentiality of her or his examination grades. Rules may be
1430	adopted establishing procedures for such reviews.
1431	(10)  For each examination administered under this chapter,
1432	an accurate record of each applicant's examination questions,
1433	answers, papers, grades, and grading key shall be kept for a
1434	period of not less than 2 years immediately following the
1435	examination, and such record shall thereafter be maintained or
1436	destroyed as provided in chapters 119 and 257. This subsection
1437	does not apply to national examinations approved and
1438	administered pursuant to this section.
1439	(11)  In addition to meeting any other requirements for
1440	licensure by examination or by endorsement, an applicant may be
1441	required by the board to pass an examination pertaining to state
1442	laws and rules applicable to the practice of the profession
1443	regulated under this chapter.
1444	(12)  Examinations and reexaminations for any license under
1445	this chapter shall be administered in the English language
1446	unless 15 or more applicants request that the examination or
1447	reexamination be administered in their native language. Such
1448	requests must be received at least 6 months prior to the
1449	examination or reexamination. In the event that such examination
1450	or reexamination is administered in a foreign language, the full
1451	cost to the board and department of preparing and administering
1452	the examination shall be borne by the applicants. Where the
1453	taking of a national examination is required by this chapter or
1454	rule adopted under this chapter, the examination may not be
1455	required to be given in any language other than English unless
1456	the national examination is available in the requested language.
1457	Rules may be adopted establishing procedures for requesting
1458	examinations in languages other than English and establishing
1459	the costs related to such examinations.
1460	(13)  Unless an applicant notifies the department at least
1461	5 days prior to an examination hearing of the applicant's
1462	inability to attend or unless an applicant can demonstrate an
1463	extreme emergency for failing to attend, the department may
1464	require an applicant who fails to attend to pay reasonable
1465	attorney's fees, costs, and court costs of the department for
1466	the examination hearing.
1467	Section 14.  Section 497.145, Florida Statutes, is created
1468	to read:
1469	497.145  Licensing; use of professional testing
1470	services.--Notwithstanding any other provision of law to the
1471	Notwithstanding any other provision of law to the contrary, the
1472	department may use a professional testing service to prepare,
1473	administer, grade, and evaluate any computerized examination,
1474	when that service is available and approved by the board.
1475	Section 15.  Section 497.146, Florida Statutes, is created
1476	to read:
1477	497.146  Licensing; address of record; changes; licensee
1478	responsibility.--Each licensee under this chapter is responsible
1479	for notifying the department in writing of the licensee's
1480	current business and residence mailing address and the street
1481	address of the licensee's primary place of practice and shall
1482	notify the department in writing within 30 days after any change
1483	in such information, in accordance with procedures and forms
1484	prescribed by rule. Notwithstanding any other provision of law,
1485	service by regular mail to a licensee's last known address of
1486	record with the department constitutes adequate and sufficient
1487	notice to the licensee for any official communication to the
1488	licensee by the board or the department, except when other
1489	service is expressly required by this chapter. Rules may be
1490	adopted establishing forms and procedures for licensees to
1491	provide the notice required by this section.
1492	Section 16.  Section 497.147, Florida Statutes, is created
1493	to read:
1494	497.147  Continuing education; general provisions.--
1495	(1)  As to any licensure under this chapter that requires
1496	prelicensure training or continuing education for renewal of a
1497	license, no such training or continuing education shall be
1498	accepted in satisfaction of the requirements of this chapter,
1499	unless approved by the board.
1500	(2)  There shall be adopted rules by the board to establish
1501	the criteria for such training or continuing education courses.
1502	(3)  The licensing authority may provide by rule that
1503	distance learning may be used to satisfy continuing education
1504	requirements and may specify conditions applicable to such
1505	distance learning for credit under this chapter.
1506	(4)  The licensing authority is authorized to adopt rules
1507	to implement requirements regarding prelicensure training and
1508	continuing education requirements under this chapter. Persons
1509	providing prelicensure training or continuing education for
1510	credit against the requirements of this chapter are hereinafter
1511	referred to as "providers."
1512	(a)  The rules may establish criteria for obtaining
1513	approval from the licensing authority as a provider, and for
1514	periodic renewal of such approval, and may establish procedures
1515	and forms for use in applying to obtain and renew such approval
1516	from the licensing authority.
1517	(b)  The rules may establish conditions and requirements
1518	applicable to providers, including, but not limited to:
1519	1.  Periodic submission by the provider to the licensing
1520	authority of information and documentation as to course
1521	materials, class locations and schedules, names of scheduled
1522	instructors, resumes of instructors, and descriptions of
1523	facilities.
1524	2.  Requirements for periodic reporting by the provider to
1525	the licensing authority of information concerning enrollment,
1526	attendance, and status of persons enrolled for credit under this
1527	chapter.
1528	3.  Requirements for inspection by the licensing authority
1529	of records of the provider related to training or continuing
1530	education of applicants and licensees under this chapter.
1531	4.  Requirements for announced or unannounced attendance by
1532	department staff or board members at scheduled classes or
1533	training, for the purpose of ensuring that the training meets
1534	the requirements of this chapter and rules adopted under this
1535	chapter.
1536	5.  Requirements for written contracts or agreements
1537	required to be entered into by providers with the licensing
1538	authority as a prerequisite to acceptance of training or
1539	continuing education provided by such provider for credit under
1540	this chapter.
1541	6.  Requirements regarding retention of records by the
1542	provider regarding training or continuing education for which
1543	credit has been given to any licensee under this chapter.
1544	7.  Procedures and criteria for terminating the status of
1545	any provider as an approved source of training or continuing
1546	education for credit under this chapter.
1547	8.  Requirements for fees to accompany applications from
1548	providers for approval or renewal of approval as a provider, not
1549	to exceed $250 per year. The rules may exempt nonprofit entities
1550	from such fees.
1551	(c)  The rules may list all approved providers and identify
1552	the training or continuing education each provider is approved
1553	to provide for credit under this chapter.
1554	(d)  Such rules may establish procedures and forms for use
1555	by applicants, licensees, and providers in reporting completed
1556	training and continuing education to the licensing authority.
1557	(5)  The board may by rule provide up to 5 hours of
1558	continuing education credit per continuing education reporting
1559	period for licensees attending board meetings or selected types
1560	or portions of board meetings, as specified by such rules. The
1561	rules may limit the number of times such credit may be utilized
1562	by a licensee. The rules may include provisions as to the
1563	minimum amount of time that must be spent in the board meeting
1564	room viewing proceedings, which may be more than 5 hours of
1565	attendance, requirements for advance notice by licensees to
1566	department staff of proposed attendance, requirements to sign in
1567	and out of the meeting room on lists maintained at the meeting
1568	site by department staff, forms that must be completed by the
1569	licensee to obtain such credit, and such other requirements
1570	deemed by the board to be advisable or necessary to prevent
1571	abuse of such rules and to ensure that useful information is
1572	obtained by licensees as a result of attendance. Procedural
1573	requirements of such rules requiring action by the department
1574	shall be subject to approval by the department prior to
1575	promulgation.
1576	Section 17.  Section 497.148, Florida Statutes, is created
1577	to read:
1578	497.148  Continuing education; monitoring of
1579	compliance.--The department shall establish a system to monitor
1580	The department shall establish a system to monitor licensee
1581	compliance with applicable trainings and continuing education
1582	requirements and to determine each licensee's continuing
1583	education status. The department is authorized to provide for a
1584	phase-in of the compliance monitoring system. The compliance
1585	monitoring system may use staff and facilities of the
1586	department, or the department may enter into a contract for
1587	compliance monitoring services, upon such terms and conditions
1588	as the department deems advisable. Such contract may be with
1589	another government agency or a private business.
1590	Section 18.  Section 497.149, Florida Statutes, is created
1591	to read:
1592	497.149  Investigations, hearings, and inspections.--
1593	(1)  INVESTIGATIONS.--Investigations shall be conducted by
1594	the department. The following provisions shall apply concerning
1595	investigations:
1596	(a)  All complaints directly or indirectly alleging
1597	violation of any provision of this chapter or rules adopted
1598	pursuant to this chapter shall be investigated. Investigations
1599	may be conducted regarding any applicant for licensure under
1600	this chapter to ensure that the applicant satisfies the
1601	requirements for licensure and to ensure the accuracy and
1602	truthfulness of any matters represented to the department or the
1603	board in connection with the application. There may be such
1604	investigations of persons and entities not licensed under this
1605	chapter to determine if they are engaging in activities for
1606	which a license under this chapter is required, or are otherwise
1607	in violation of this chapter, as is deemed necessary to ensure
1608	compliance with this chapter. There may be conducted such other
1609	investigations, in addition to investigations expressly
1610	authorized or required by this chapter, as are deemed necessary
1611	or advisable by the department to determine whether any person
1612	is, has, or may violate any provision of this chapter or to
1613	secure information useful in the lawful administration of this
1614	chapter.
1615	(b)  Every person and entity being investigated, and its
1616	officers, attorneys, employees, agents, and representatives,
1617	shall make freely available to the department the accounts,
1618	records, documents, files, information, assets, business
1619	premises, and matters in their possession or control relating to
1620	the subject of the investigation. If records relating to a
1621	licensee or to activities regulated by this chapter are
1622	maintained by an agent on premises owned or operated by a third
1623	party, the agent and the third party shall provide the
1624	department access to the records.
1625	(c)  If the department finds any accounts or records of a
1626	licensee required by this chapter to be created and maintained
1627	by the licensee to be inadequate or inadequately kept or posted,
1628	it may employ experts to reconstruct, rewrite, post, or balance
1629	them at the expense of the person being investigated, provided
1630	the person has failed to maintain, complete, or correct such
1631	records or accounting after the department has given her or him
1632	notice and a reasonable opportunity to do so.
1633	(d)  In connection with any investigation under this
1634	chapter, the department may administer oaths, examine witnesses,
1635	and receive oral and documentary evidence, require the licensee
1636	to answer under oath interrogatories propounded by the
1637	department, issue a subpoena for testimony or the production of
1638	records to any person believed to have information or materials
1639	relevant to the subject matter of the investigation, and compel
1640	such attendance and testimony and the production of such
1641	materials for inspection and copying. If any person refuses to
1642	comply with any such subpoena or to testify as to any matter
1643	concerning which she or he may be lawfully interrogated, the
1644	Circuit Court of Leon County or of the county wherein such
1645	examination, investigation, or hearing is being conducted, or of
1646	the county wherein such person resides, may, on the application
1647	of the department, issue an order requiring such person to
1648	comply with the subpoena and to testify. Subpoenas may be
1649	served, and proof of such service made, by any employee of the
1650	department.
1651	(e)  The department may retain and pay such experts on a
1652	case-by-case basis, as it deems necessary for the investigation
1653	and prosecution, if any, of any alleged violation of this
1654	chapter.
1655	(2)  INSPECTIONS.--The department may conduct such
1656	inspections of licensee's premises and records during normal
1657	business hours, at such intervals, as the department deems
1658	necessary to ensure compliance with this chapter.
1659	(a)  Inspections may be announced or unannounced as the
1660	department determines appropriate on a case-by-case basis.
1661	(b)  Every licensee being inspected, and its employees,
1662	officers, attorneys, employees, agents, and representatives,
1663	shall freely and immediately make available to the department
1664	for inspection during normal business hours the licensee's
1665	entire premises and the records and information in their
1666	possession or control relating to the inspection.
1667	(c)  The department may adopt rules regarding inspection
1668	procedures.
1669	(3)  HEARINGS.--The department may hold public hearings to
1670	secure information useful in the lawful administration of this
1671	chapter. The department may require the attendance of witnesses
1672	by subpoena and the giving of testimony under oath.
1673	(4)  RULES.--The department may adopt rules pursuant to ss.
1674	120.536(1) and 120.54 for the implementation of this section.
1675	Section 19.  Section 497.150, Florida Statutes, is created
1676	to read:
1677	497.150  Compliance examinations of existing licensees.--
1678	(1)  There may be examined by the department the
1679	facilities, records, operations, trust accounts, and financial
1680	affairs of licensees under this chapter, as often as may be
1681	deemed necessary by the department, to ensure compliance with
1682	the provisions of this chapter and rules adopted under this
1683	chapter. The provisions of this section shall apply to
1684	examinations conducted by the department under this chapter.
1685	(2)  The examination may, as deemed necessary by the
1686	department, include examination of the affairs, transactions,
1687	accounts, and records of the licensee's agents and controlling
1688	or controlled person, relating directly or indirectly to the
1689	licensee.
1690	(3)  The examination may be conducted at the offices,
1691	wherever located, of the person being examined or investigated
1692	and at such other places as may be required for determination of
1693	matters under examination.
1694	(4)  Every person being examined, and its officers,
1695	attorneys, employees, agents, and representatives, shall make
1696	freely available the accounts, records, documents, files,
1697	information, assets, and matters in their possession or control
1698	relating to the subject of the examination.
1699	(5)  The licensee shall provide for the department
1700	examiner's use during the examination such suitable private
1701	office work location and facilities, including desk, chair, and
1702	adequate lighting and ventilation, as are reasonably available
1703	on the licensee's premises.
1704	(6)  If the department finds any accounts or records
1705	required to be made or maintained by a licensee under this
1706	chapter to be inadequate or inadequately kept or posted, it may
1707	be employ experts to reconstruct, rewrite, post, or balance them
1708	at the expense of the person being examined, provided the person
1709	has failed to maintain, complete, or correct such records or
1710	accounting after the department has given her or him notice and
1711	a reasonable opportunity to do so.
1712	(7)  In connection with any examination under this chapter,
1713	the department may administer oaths, examine witnesses, and
1714	receive oral and documentary evidence, require the licensee to
1715	answer under oath interrogatories propounded by the department,
1716	issue a subpoena for testimony or the production of records to
1717	any person believed to have information or materials relevant to
1718	the subject matter of the examination, and compel such
1719	attendance and testimony and the production of such materials
1720	for inspection and copying. If any person refuses to comply with
1721	any such subpoena or to testify as to any matter concerning
1722	which she or he may be lawfully interrogated, the Circuit Court
1723	of Leon County or of the county wherein such examination,
1724	investigation, or hearing is being conducted, or of the county
1725	wherein such person resides, may, on the application of the
1726	department, issue an order requiring such person to comply with
1727	the subpoena and to testify. Subpoenas may be served, and proof
1728	of such service made, by any employee of the department.
1729	(8)  The department shall furnish a copy of any examination
1730	report to the licensee examined within a reasonable period of
1731	time, and the licensee shall have 30 days thereafter in which to
1732	prepare and provide the department a response to the examination
1733	report. No examination report shall be filed by the department
1734	until such 30-day period has elapsed. If the licensee provides a
1735	written response to the department within such 30-day period,
1736	the response shall be attached to and made a part of the report
1737	as filed in the department's files.
1738	(9)  The examination report when so filed shall thereafter
1739	be admissible in evidence in any judicial or administrative
1740	action or proceeding brought by the department against the
1741	person examined, or against its officers, employees, or agents,
1742	or for the enforcement of an investigative subpoena issued by
1743	the department in any investigation of, involving, or relating
1744	to the person examined. In all other proceedings, the
1745	admissibility of the examination report is governed by the
1746	evidence code. The department or its examiners may at any time
1747	testify and offer other proper evidence as to information
1748	secured or matters discovered during the course of an
1749	examination, whether or not a written report of the examination
1750	has been made, furnished, or filed in the department.
1751	(10)  The written report of each preneed examination, when
1752	completed, shall be filed in the office of the board and, when
1753	so filed, shall constitute a public record.
1754	(11)  The person or organization examined shall pay the
1755	travel expense and per diem subsistence allowance provided for
1756	state employees under s. 112.061 for out-of-state travel
1757	incurred by department representatives or examiners in
1758	connection with an examination.
1759	(12)  The department may adopt rules pursuant to ss.
1760	120.536(1) and 120.54 for the implementation of this section.
1761	Section 20.  Section 497.151, Florida Statutes, is created
1762	to read:
1763	497.151  Complaints; logs; procedures.--
1764	(1)  This section shall be applicable to all licensees
1765	under this chapter except preneed sales agent licensees.
1766	(2)  Licensees shall cause to be maintained on a continuing
1767	basis a log of all written complaints received by the licensee
1768	regarding any aspect of the licensee's operations. The log shall
1769	show the complainant's name, the date the complaint was
1770	received, and the complainant's address and phone number if
1771	shown in the complaint. Each written complaint received shall be
1772	entered into the complaint log within 10 days after receiving
1773	such complaint. The licensing authority may by rule establish
1774	requirements relating to complaint logs, including whether the
1775	log may be electronically maintained or must be kept in writing
1776	by pen and ink. Each licensee under this chapter shall retain in
1777	its records all written complaints received by the licensee or
1778	the licensee's staff. All complaint logs, and all written
1779	complaints and related papers, shall be retained by the licensee
1780	until the completion of the next examination by the department
1781	of the licensee, which examination covers the period the
1782	complaint was received or such other period as the licensing
1783	authority may by rule require.
1784	(3)  Rules may be adopted modifying the requirements of
1785	this section as applied to different categories of licensees
1786	under this chapter, if the board determines that the
1787	requirements of this section are impractical as to any category
1788	of licensees.
1789	Section 21.  Section 497.152, Florida Statutes, is created
1790	to read:
1791	497.152  Disciplinary grounds.--This section sets forth
1792	conduct which is prohibited and which shall constitute grounds
1793	for denial of any application, imposition of discipline, and
1794	other enforcement action against the licensee or other person
1795	committing such conduct. For purposes of this section, the
1796	requirements of this chapter include the requirements of rules
1797	adopted under authority of this chapter. No subsection heading
1798	in this section shall be interpreted as limiting the
1799	applicability of any paragraph within the subsection.
1800	(1)  GENERAL PROVISIONS.--The generality of the provisions
1801	of this subsection shall not be deemed to be limited by the
1802	provisions of any other subsection.
1803	(a)  Violating any provision of this chapter or any lawful
1804	order of the board or department or of the statutory
1805	predecessors to the board or department.
1806	(b)  Committing fraud, deceit, negligence, incompetency, or
1807	misconduct in the practice of any of the activities regulated
1808	under this chapter.
1809	(c)  Failing while holding a license under this chapter to
1810	maintain one or more of the qualifications for such license.
1811	(d)  Refusing to sell or issue a contract or provide
1812	services to any person because of the person's race, color,
1813	creed, marital status, sex, or national origin.
1814	(2)  CRIMINAL ACTIVITY.--Being convicted or found guilty
1815	of, or entering a plea of nolo contendere to, regardless of
1816	adjudication, a crime in any jurisdiction which relates to the
1817	practice of, or the ability to practice, a licensee's profession
1818	or occupation under this chapter.
1819	(3)  DISCIPLINARY ACTION BY OTHER AUTHORITIES.--Having a
1820	license or the authority to practice a profession or occupation
1821	revoked, suspended, fined, denied, or otherwise acted against or
1822	disciplined by the licensing authority of any jurisdiction,
1823	including its agencies or subdivisions, for conduct that would
1824	constitute a violation of this chapter if committed in this
1825	state or upon grounds which directly relate to the ability to
1826	practice under this chapter. The licensing authority's
1827	acceptance of a relinquishment of licensure, stipulation,
1828	consent order, or other settlement offered in response to or in
1829	anticipation of the filing of charges against the license shall
1830	be construed as action against the license.
1831	(4)  OBLIGATIONS TO REGULATORS AND OTHER GOVERNMENT
1832	AGENCIES.--
1833	(a)  Improperly interfering with an investigation or
1834	inspection authorized by statute or with any disciplinary
1835	proceeding.
1836	(b)  Failure to comply with a lawfully issued subpoena of
1837	the department.
1838	(c)  Refusal to produce records to the department or board
1839	in connection with any activity regulated pursuant to this
1840	chapter.
1841	(d)  Failing to report to the department any person who the
1842	licensee knows is in violation of this chapter.
1843	(e)  Knowingly concealing information relative to
1844	violations of this chapter.
1845	(f)  Attempting to obtain, obtaining, or renewing a license
1846	under this chapter by bribery, false or forged evidence, or
1847	misrepresentation or through an error of the department or
1848	board.
1849	(g)  Making or filing a report or statement to or with any
1850	government entity which the licensee knows or has reason to know
1851	to be false; or intentionally or negligently failing to file a
1852	report or record required to be filed with any government
1853	entity, or willfully impeding or obstructing another person to
1854	do so, or inducing another person to impede or obstruct such
1855	filing.
1856	(h)  Failing to perform any statutory or legal obligation
1857	placed upon a licensee.
1858	(5)  LIMITATIONS ON SCOPE OF PRACTICE; UNLICENSED
1859	PRACTICE.--
1860	(a)  Practicing or offering to practice beyond the scope
1861	permitted by this chapter and rules adopted under this chapter
1862	for the type of licensure held or accepting and performing
1863	professional responsibilities the licensee knows, or has reason
1864	to know, the licensee is not competent to perform.
1865	(b)  Practicing or attempting to practice with a revoked,
1866	suspended, inactive, or delinquent license.
1867	(c)  Representing as her or his own the license of another.
1868	(d)  Aiding, assisting, procuring, employing, or advising
1869	any person or entity to practice a profession or occupation
1870	regulated by this chapter without required licensure under this
1871	chapter.
1872	(e)  Aiding, assisting, procuring, employing, or advising
1873	any person or entity to operate or in operating an establishment
1874	regulated by this chapter without the required licensure under
1875	this chapter.
1876	(f)  Delegating to any person the performance of
1877	professional activities, or contracting with any person for the
1878	performance of professional activities by such person, when the
1879	licensee knows or has reason to know the person is not qualified
1880	by training, experience, and authorization to perform such
1881	responsibilities.
1882	(g)  Using the name or title "funeral director,"
1883	"embalmer," "direct disposer," or other title suggesting
1884	licensure which the person using such name or title does not
1885	hold.
1886	(h)  Engaging by a direct disposer in the practice of
1887	direct burial or offering the at-need or preneed service of
1888	direct burial.
1889	(6)  EDUCATIONAL REQUIREMENTS.--
1890	(a)  Failing to comply with applicable educational course
1891	requirements pursuant to this chapter or rules adopted under
1892	this chapter regarding human immunodeficiency virus and acquired
1893	immune deficiency syndrome.
1894	(b)  Failing to timely comply with applicable continuing
1895	education requirements of this chapter.
1896	(7)  RELATIONS WITH OTHER LICENSEES.--
1897	(a)  Having been found liable in a civil proceeding for
1898	knowingly filing a false report or complaint against another
1899	licensee with the department or the board.
1900	(b)  Making any misleading statements or misrepresentations
1901	as to the financial condition of any person, or which are
1902	falsely and maliciously critical of any person for the purpose
1903	damaging that person's business regulated under this chapter.
1904	(8)  TRANSPORT, CUSTODY, TREATMENT, OR DISINTERMENT OF
1905	HUMAN REMAINS.--
1906	(a)  Violation of any state law or rule or any municipal or
1907	county ordinance or regulation affecting the handling, custody,
1908	care, or transportation of dead human bodies.
1909	(b)  Refusing to surrender promptly the custody of a dead
1910	human body upon the express order of the person legally
1911	authorized to its custody; however, this provision shall be
1912	subject to any state or local laws or rules governing custody or
1913	transportation of dead human bodies.
1914	(c)  Taking possession of a dead human body without first
1915	having obtained written or oral permission from a legally
1916	authorized person. If oral permission is granted, the licensee
1917	must obtain written permission within a reasonable time as
1918	established by rule.
1919	(d)  Embalming human remains without first having obtained
1920	written or oral permission from a legally authorized person;
1921	however, washing and other public health procedures, such as
1922	closing of the orifices by placing cotton soaked in a
1923	disinfectant in such orifices until authorization to embalm is
1924	received, shall not be precluded. If oral permission is granted,
1925	the licensee must obtain written permission within a reasonable
1926	time as established by board rule.
1927	(e)  Failing to obtain written authorization from the
1928	family or next of kin of the deceased prior to entombment,
1929	interment, disinterment, disentombment, or disinurnment of the
1930	remains of any human being.
1931	(9)  SALES PRACTICES IN GENERAL.--
1932	(a)  Soliciting by the licensee, or by her or his agent,
1933	assistant, or employee, through the use of fraud, undue
1934	influence, intimidation, overreaching, or other means which
1935	takes advantage of a customer's ignorance or emotional
1936	vulnerability.
1937	(b)  Exercising undue influence on a client for the purpose
1938	of financial gain of the licensee or a third party in connection
1939	with any transaction regulated by this chapter.
1940	(c)  Discouraging a customer's purchase of any funeral
1941	merchandise or service which is advertised or offered for sale,
1942	with the purpose of encouraging the purchase of additional or
1943	more expensive merchandise or service, by disparaging its
1944	quality or appearance, except that true factual statements
1945	concerning features, design, or construction do not constitute
1946	disparagement; by misrepresenting its availability or any delay
1947	involved in obtaining it; or by suggesting directly or by
1948	implication that a customer's concern for price or expressed
1949	interest in inexpensive funeral merchandise or services is
1950	improper, inappropriate, or indicative of diminished respect or
1951	affection for the deceased.
1952	(d)  Misrepresenting the benefits, advantages, conditions,
1953	or terms of any contract to provide any services or merchandise
1954	regulated under this chapter.
1955	(e)  Advertising goods and services in a manner that is
1956	fraudulent, deceptive, or misleading in form or content.
1957	(f)  Directly or indirectly making any deceptive,
1958	misleading, or untrue representations, whether oral or written,
1959	or employing any trick, scheme, or artifice, in or related to
1960	the practice of a profession or occupation regulated under this
1961	chapter, including in the advertising or sale of any merchandise
1962	or services related to the practice of the profession or
1963	occupation.
1964	(10)  SPECIFIC MISREPRESENTATIONS.--
1965	(a)  Making any false or misleading statement of the legal
1966	requirement as to the necessity of any particular burial or
1967	funeral merchandise or services.
1968	(b)  Making any oral, written, or visual representations,
1969	directly or indirectly, that any funeral merchandise or service
1970	is offered for sale when such is not a bona fide offer to sell
1971	such merchandise or service.
1972	(c)  Making any misrepresentation for the purpose of
1973	inducing, or tending to induce, the lapse, forfeiture, exchange,
1974	conversion, or surrender of any preneed contract or any life
1975	insurance policy pledged or assigned to secure payment for
1976	funeral or burial goods or services.
1977	(d)  Misrepresenting pertinent facts or prepaid contract
1978	provisions relating to funeral or burial merchandise or
1979	services.
1980	(e)  Misrepresenting the amount advanced on behalf of a
1981	customer for any item of service or merchandise, including, but
1982	not limited to, cemetery or crematory services, pallbearers,
1983	public transportation, clergy honoraria, flowers, musicians or
1984	singers, nurses, obituary notices, gratuities, and death
1985	certificates, described as cash advances, accommodations, or
1986	words of similar import on the contract, final bill, or other
1987	written evidence of agreement or obligation furnished to
1988	customers; however, nothing in this paragraph shall require
1989	disclosure of a discount or rebate which may accrue to a
1990	licensee subsequent to making a cash advance.
1991	(f)  Making any false or misleading statement or claim that
1992	natural decomposition or decay of human remains can be prevented
1993	or substantially delayed by embalming, use of a gasketted or
1994	ungasketted casket, or use of an adhesive or nonadhesive closure
1995	on an outer burial container.
1996	(g)  Making any false or misleading statement, oral or
1997	written, directly or indirectly, regarding any law or rule
1998	pertaining to the preparation for disposition, transportation
1999	for disposition, or disposition of dead human bodies.
2000	(h)  Making any false or misleading statements of the legal
2001	requirement as to the conditions under which preservation of a
2002	dead human body is required or as to the necessity of a casket
2003	or outer burial container.
2004	(11)  SPECIFIC SALES PRACTICES.--
2005	(a)  Failing to furnish, for retention, to each purchaser
2006	of burial rights, burial or funeral merchandise, or burial or
2007	funeral services a written agreement, the form of which has been
2008	previously approved if and as required by this chapter, which
2009	lists in detail the items and services purchased together with
2010	the prices for the items and services purchased; the name,
2011	address, and telephone number of the licensee; the signatures of
2012	the customer and the licensee or her or his representative; and
2013	the date signed.
2014	(b)  Using any name or title in any contract regulated
2015	under this chapter which misrepresents the true nature of the
2016	contract.
2017	(c)  Selling an irrevocable preneed contract to a person
2018	who is not an applicant for or recipient of Supplemental
2019	Security Income or Aid to Families with Dependent Children or
2020	pursuant to s. 497.459(6)(a).
2021	(d)  Except as authorized in part IV of this chapter,
2022	guaranteeing the price of goods and services at a future date.
2023	(e)  Requiring that a casket be purchased for cremation or
2024	claiming directly or by implication that a casket is required
2025	for cremation.
2026	(f)  When displaying any caskets for sale, failing to
2027	display the least expensive casket offered for sale or use in
2028	adult funerals in the same general manner as the funeral service
2029	industry member's other caskets are displayed.
2030	(g)  Assessing fees and costs that have not been disclosed
2031	to the customer in connection with any transaction regulated by
2032	this chapter.
2033	(h)  Failure by a cemetery licensed under this chapter to
2034	provide to any person, upon request, a copy of the cemetery
2035	bylaws.
2036	(i)  Requirements by a cemetery licensee that lot owners or
2037	current customers make unnecessary visits to the cemetery
2038	company office for the purpose of solicitation.
2039	(12)  DISCLOSURE REQUIREMENTS.--
2040	(a)  Failure to disclose, when such disclosure is desired,
2041	the components of the prices for alternatives offered by the
2042	licensee from whom disclosure is requested, such as graveside
2043	service, direct disposition, and body donation without any rites
2044	or ceremonies prior to the delivery of the body and prices of
2045	service if there are to be such after the residue has been
2046	removed following the use thereof.
2047	(b)  Failing to furnish, for retention, to anyone who
2048	inquires in person about burial rights, burial or funeral
2049	merchandise, or burial or funeral services, before any
2050	discussion of selection, a printed or typewritten list
2051	specifying the range of retail prices for such rights,
2052	merchandise, or services. At a minimum, the list shall itemize
2053	the highest and lowest priced product and service regularly
2054	offered and shall include the name, address, and telephone
2055	number of the licensee and statements that the customer may
2056	choose only the items the customer desires, that the customer
2057	will be charged for only those items selected, and that there
2058	may be other charges for other items or other services.
2059	(c)  Failing to reasonably provide by telephone, upon
2060	request, accurate information regarding the retail prices of
2061	funeral merchandise and services offered for sale by that
2062	licensee.
2063	(d)  Failure by a funeral director to make full disclosure
2064	in the case of a funeral or direct disposition with regard to
2065	the use of funeral merchandise which is not to be disposed of
2066	with the body or failure to obtain written permission from the
2067	purchaser regarding disposition of such merchandise.
2068	(e)  Failure by any funeral director to fully disclose all
2069	of her or his available services and merchandise prior to the
2070	selection of a casket offered by a licensee. The full disclosure
2071	required shall identify what is included in the funeral or
2072	direct disposition and the prices of all services and
2073	merchandise provided by the licensee or registrant.
2074	(f)  Failing to have the price of any casket offered for
2075	sale clearly marked on or in the casket, whether the casket is
2076	displayed at a funeral establishment or at any other location,
2077	regardless of whether the licensee is in control of such
2078	location. If a licensee uses books, catalogs, brochures, or
2079	other printed display aids, the price of each casket shall be
2080	clearly marked.
2081	(g)  Failing to disclose all fees and costs the customer
2082	may incur to use the burial rights or merchandise purchased.
2083	(13)  CONTRACT OBLIGATIONS.--
2084	(a)  Failing without reasonable justification to timely
2085	honor contracts entered into by the licensee or under the
2086	licensee's license for funeral or burial merchandise or
2087	services.
2088	(b)  Failure to honor preneed contract cancellation
2089	requests and make refunds as required by the chapter.
2090	(14)  OBLIGATIONS REGARDING COMPLAINTS AND CLAIMS BY
2091	CUSTOMERS.--
2092	(a)  Failing to adopt and implement standards for the
2093	proper investigation and resolution of claims and complaints
2094	received by a licensee relating to the licensee's activities
2095	regulated by this chapter.
2096	(b)  Committing or performing with such frequency as to
2097	indicate a general business practice any of the following:
2098	1.  Failing to acknowledge and act promptly upon
2099	communications from a licensee's customers and their
2100	representatives with respect to claims or complaints relating to
2101	the licensee's activities regulated by this chapter.
2102	2.  Denying claims or rejecting complaints received by a
2103	licensee from a customer or customer's representative, relating
2104	to the licensee's activities regulated by this chapter, without
2105	first conducting reasonable investigation based upon available
2106	information.
2107	3.  Attempting to settle a claim or complaint on the basis
2108	of a material document which was altered without notice to, or
2109	without the knowledge or consent of, the contract purchaser or
2110	her or his representative or legal guardian.
2111	4.  Failing within a reasonable time to affirm or deny
2112	coverage of specified services or merchandise under a contract
2113	entered into by a licensee upon written request of the contract
2114	purchaser or her or his representative or legal guardian.
2115	5.  Failing to promptly provide, in relation to a contract
2116	for funeral or burial merchandise or services entered into by
2117	the licensee or under the licensee's license, a reasonable
2118	explanation to the contract purchaser or her or his
2119	representative or legal guardian of the licensee's basis for
2120	denying or rejecting all or any part of a claim or complaint
2121	submitted.
2122	(c)  Making a material misrepresentation to a contract
2123	purchaser or her or his representative or legal guardian for the
2124	purpose and with the intent of effecting settlement of a claim
2125	or complaint or loss under a prepaid contract on less favorable
2126	terms than those provided in, and contemplated by, the prepaid
2127	contract.
2128	(d)  Failing to maintain a complete copy of every complaint
2129	received by the licensee since the date of the last examination
2130	of the licensee by the department. For purposes of this
2131	subsection, the term "complaint" means any written communication
2132	primarily expressing a grievance and which communication is
2133	from:
2134	1.  A representative or family member of a deceased person
2135	interred at the licensee's facilities or using the licensee's
2136	services, or which deceased's remains were the subject of any
2137	service provided by the licensee or licensee's business; or
2138	2.  A person, or such person's family member or
2139	representative, who inquired of the licensee or licensee's
2140	business concerning the purchase of, or who purchased or
2141	contracted to purchase, any funeral or burial merchandise or
2142	services from the licensee or licensee's business.
2143	(15)  MISCELLANEOUS FINANCIAL MATTERS.--
2144	(a)  Failing to timely pay any fee required by this
2145	chapter.
2146	(b)  Failing to timely remit as required by this chapter
2147	the required amounts to any trust fund required by this chapter.
2148	(c)  Paying to or receiving from any organization, agency,
2149	or person, either directly or indirectly, any commission, bonus,
2150	kickback, or rebate in any form whatsoever for any business
2151	regulated under this chapter, whether such payments are made or
2152	received by the licensee, or her or his agent, assistant, or
2153	employee; however, this provision shall not prohibit the payment
2154	of commissions by a funeral director, funeral establishment,
2155	cemetery, or monument establishment to its preneed sales agents
2156	licensed pursuant to this chapter or to licensees under this
2157	chapter.
2158	Section 22.  Section 497.153, Florida Statutes, is created
2159	to read:
2160	497.153  Disciplinary procedures and penalties.--
2161	(1)  JURISDICTION OF LICENSING AUTHORITY TO INVESTIGATE AND
2162	PROSECUTE.--The expiration, nonrenewal, or surrender of
2163	licensure under this chapter shall not eliminate jurisdiction in
2164	the licensing authority to investigate and prosecute for
2165	violations committed while licensed under this chapter. The
2166	prosecution of any matter may be initiated or continued
2167	notwithstanding the withdrawal of any complaint.
2168	(2)  DETERMINATION OF PROBABLE CAUSE.--
2169	(a)  If the department shall determine that there is
2170	reasonable cause to believe that any licensee under this chapter
2171	is subject to disciplinary action under this chapter and is not
2172	eligible for a citation or notice of noncompliance pursuant to
2173	criteria established by the board, the department shall present
2174	the matter to a probable cause panel of the board.
2175	(b)  Prior to submitting a matter to the probable cause
2176	panel, the licensee who is the subject of the matter shall be
2177	provided by the department with a copy of any written complaint
2178	received by the department in the matter and shall be advised
2179	that she or he may, within 20 days after receipt of a copy of
2180	such complaint from the department, submit to the department a
2181	written response. Any response timely received by the department
2182	shall be provided by the department to the probable cause panel.
2183	Licensees may not appear in person or through a representative
2184	at any probable cause panel proceeding. This paragraph shall not
2185	apply to emergency action.
2186	(3)  PROBABLE CAUSE PROCEEDINGS.--
2187	(a)  The board may provide, by rule, for multiple probable
2188	cause panels composed of at least two members. The board may
2189	provide, by rule, that one or more members of the panel or
2190	panels may be a former board member. The length of term or
2191	repetition of service of any such former board member on a
2192	probable cause panel may vary according to the direction of the
2193	board when authorized by board rule. Any probable cause panel
2194	must include one of the board's former or present consumer
2195	members, if one is available and willing to serve. Any probable
2196	cause panel must include a present board member. The board shall
2197	enact rules consistent with this section specifying, according
2198	to what categories of licensure are represented on a probable
2199	cause panel, what categories of licensee cases may be presented
2200	to that panel. Former board members may be from the former Board
2201	of Funeral and Cemetery Services or the former Board of Funeral
2202	Directors and Embalmers. However, any former professional board
2203	member serving on the probable cause panel must hold an active
2204	valid license for that profession.
2205	(b)  The probable cause panel may make a reasonable request
2206	to the department for additional investigative information, and
2207	upon such request the department shall provide such additional
2208	investigative information as is necessary to the determination
2209	of probable cause. A request for additional investigative
2210	information shall be made within 15 days after the date of
2211	receipt by the probable cause panel of the investigative report
2212	of the department. The probable cause panel shall make its
2213	determination as to the existence of probable cause within 30
2214	days after referral of the matter to the probable cause panel by
2215	the department. The Chief Financial Officer may grant extensions
2216	of the 15-day and the 30-day time limits. If the probable cause
2217	panel does not find probable cause within the 30-day time limit,
2218	as may be extended, or if the probable cause panel finds no
2219	probable cause, the department may determine, within 10 days
2220	after the panel fails to determine probable cause or 10 days
2221	after the time limit has elapsed, that probable cause exists.
2222	(c)  The probable cause panel may not resolve or direct
2223	resolution of a matter presented to it, by issuance of a
2224	citation or a letter of guidance or noncompliance or other
2225	informal resolution, without the concurrence of the department.
2226	(d)  The determination as to whether probable cause exists
2227	shall be made by majority vote of the probable cause panel of
2228	the board.
2229	(e)  If the probable cause panel finds that probable cause
2230	exists, it shall direct the department to file a formal
2231	complaint against the licensee.
2232	(4)  ACTION AFTER PROBABLE CAUSE FOUND.--
2233	(a)  Service of an administrative complaint may be in
2234	person by department staff or any person authorized to make
2235	service of process under the Florida Rules of Civil Procedure.
2236	Service upon a licensee may in the alternative be made by
2237	certified mail, return receipt requested, to the last known
2238	address of record provided by the licensee to the department.
2239	(b)  If after service of the administrative complaint on a
2240	licensee the licensee does not dispute the facts alleged, the
2241	department shall present the matter to the board for final
2242	action.
2243	(c)  The department may at any time present to the board a
2244	proposed settlement of any matter as to which probable cause has
2245	been found. If the board accepts the proposed settlement, it
2246	shall issue its final order adopting the settlement. If the
2247	board does not accept such settlement, the prosecution of the
2248	matter shall be resumed. No settlement of any disciplinary
2249	matter as to which probable cause has been found may be entered
2250	into by the board prior to receipt of a recommended order of an
2251	administrative law judge without the department's concurrence.
2252	(d)  Hearings concerning disputes as to any fact alleged in
2253	a disciplinary action shall be held before an administrative law
2254	judge of the Division of Administrative Hearings in accordance
2255	with chapter 120. The department shall present the recommended
2256	order of the administrative law judge to the board for final
2257	action.
2258	(e)  If at any time after probable cause has been found in
2259	a matter the department shall conclude that the matter should
2260	not be further prosecuted, the department may present the matter
2261	to any probable cause panel of the board. If that probable cause
2262	panel concurs with the department, the prosecution may be
2263	terminated without prejudice to subsequent prosecution of the
2264	same matter. If the probable cause panel does not concur with
2265	the department, the matter shall be returned to the department
2266	for continued prosecution. Upon commencement of taking of
2267	evidence in a matter before an administrative law judge, the
2268	jurisdiction of the administrative law judge may not be
2269	terminated except by order of the administrative law judge or a
2270	court of competent jurisdiction.
2271	(f)  No disciplinary matter may come before the board for
2272	final or other action, nor shall action by the board be taken as
2273	to any disciplinary matter, except upon presentation and
2274	recommendation by the department.
2275	(5)  PENALTIES.--
2276	(a)  When the board finds any person to be subject to
2277	discipline under this chapter, it may enter an order imposing
2278	one or more of the following:
2279	1.  Denial of an application for a license.
2280	2.  Issuance of a written reprimand.
2281	3.  Placement of the licensee on probation for a period of
2282	time and subject to such conditions as the board may specify.
2283	4.  Restrictions on the authorized scope of practice of the
2284	licensee.
2285	5.  Requirements that the licensee complete additional
2286	education or training as specified by the board.
2287	6.  Imposition of an administrative fine not to exceed
2288	$5,000 for each count or separate offense; provided, a licensee
2289	may by settlement agree to a fine in excess of such $5,000
2290	limitation.
2291	7.  Suspension of a license. A suspension may be for such
2292	period and subject to such terms as the board shall specify in
2293	its order imposing discipline. Unless ordered otherwise by the
2294	board, during the period of suspension, the person whose license
2295	has been suspended shall continue to file all such reports,
2296	complete all continuing education, and pay all fees as required
2297	under this chapter as if the license had continued in full
2298	force. Upon expiration of the suspension period, if within such
2299	period the license has not otherwise terminated, the suspended
2300	license shall automatically be reinstated unless the board has
2301	ordered that the licensee apply for reinstatement, and the board
2302	may deny such application if the board finds that the causes of
2303	the suspension have not been resolved or that such person is
2304	otherwise not in compliance with the requirements of the order
2305	or this chapter.
2306	8.  Revocation of licensure. The board may specify by final
2307	order on a case-by-case basis the period of time that must
2308	elapse before a revoked licensee may apply or reapply for any
2309	licensure under this chapter. The board may by order on a case-
2310	by-case basis specify that a revocation is permanent and that no
2311	future application for licensure under this chapter by the
2312	revoked person or entity shall be accepted, processed, or
2313	approved. In no event shall any person or entity whose licensure
2314	has been revoked under this section subsequently be issued the
2315	same or other licensure under this chapter unless such person
2316	shall show by clear and convincing evidence that the person or
2317	entity has been rehabilitated and otherwise qualifies for the
2318	licensure applied for.
2319	(b)  In addition to any fine and other sanction imposed,
2320	the board may order the payment by the licensee of the
2321	reasonable costs of the department and the board associated with
2322	investigation and prosecution of the matter, and may order the
2323	licensee to make restitution as directed by board order to
2324	persons harmed by the violation.
2325	(c)  The failure of a licensee to timely comply with a
2326	final order of the board imposing discipline shall be grounds
2327	for emergency suspension of all licensure held by the licensee
2328	under this chapter; provided, the department shall give written
2329	notice to such licensee, at least 7 days before such emergency
2330	suspension, of the department's intent to enter an emergency
2331	order of suspension and the ground therefore, and such emergency
2332	suspension shall not occur if during the 7-day period the
2333	licensee shall provide the department with evidence satisfactory
2334	to the department that the licensee was in compliance or has
2335	come into compliance with the disciplinary order. Any emergency
2336	suspension imposed shall be effective when served, and shall
2337	terminate upon notice to the licensee by the department that the
2338	department has received evidence satisfactory to the department
2339	that the licensee has come into compliance with the board's
2340	order, which notice the department shall promptly provide to the
2341	licensee upon receipt of such evidence. Notwithstanding the
2342	licensee's correction of any noncompliance with a board order,
2343	such licensee shall be liable for additional disciplinary action
2344	for failure to timely comply with an order of the board.
2345	(d)  Any order imposing any penalty pursuant to this
2346	section shall recite the grounds upon which the penalty is
2347	based.
2348	(6)  PROTECTION OF CUSTOMERS OF DISCIPLINED LICENSEES.--In
2349	imposing any discipline under this section the board may also
2350	impose by its order such restrictions, conditions, and
2351	requirements on the licensee and the licensee's assets and the
2352	assets of any trust under this chapter utilized by the licensee
2353	as are reasonably necessary for the protection of persons to
2354	whom the disciplined licensee is obligated for the future
2355	performance or delivery of funeral or burial merchandise or
2356	services. The board shall have continuing jurisdiction over
2357	revoked persons and entities and their assets and related trusts
2358	under this chapter, for the purpose of and to the extent
2359	necessary for the protection of persons to whom the disciplined
2360	licensee is obligated for the future performance or delivery of
2361	funeral or burial merchandise or services, and may issue such
2362	subsequent and additional orders as from time to time the board
2363	deems necessary or advisable for such purposes. The courts of
2364	this state shall have jurisdiction to enforce the reasonable
2365	orders of the board issued for such purposes.
2366	(7)  LIABILITY FOR AGENTS AND EMPLOYEES.--For purposes of
2367	this section, the acts or omissions of any person employed by or
2368	under contract to the licensee shall be treated as acts or
2369	omissions of the licensee. However, the board may determine that
2370	disciplinary action may be more appropriately taken against an
2371	individual licensed preneed sales agent or licensed branch
2372	rather than taking action against the sponsoring preneed
2373	licensee.
2374	(8)  PUBLICATION OF DISCIPLINARY ACTION.--The department
2375	may cause notice of any disciplinary action of the board to be
2376	published in one or more newspapers of general circulation
2377	published in this state.
2378	(9)  DETERMINATIONS NOT SUBJECT TO CHAPTER 120.--The
2379	following determinations shall not entitle any person to
2380	proceedings under chapter 120:
2381	(a)  A determination by the department to exercise its
2382	authority under this chapter to investigate, financially
2383	examine, or inspect any person or entity; a determination by the
2384	department concerning how to conduct such investigation,
2385	financial examination, or inspection; or a determination by the
2386	department concerning the content of any report of
2387	investigation, financial examination, or inspection.
2388	(b)  A determination by the department that there is
2389	reasonable cause to believe that a licensee under this chapter
2390	is subject to disciplinary action under this chapter and that
2391	the matter should be presented to a probable cause panel of the
2392	board, or that the licensee is not eligible for a citation
2393	pursuant to criteria established by the board.
2394	(c)  A determination by a probable cause panel of the board
2395	that probable cause does or does not exist, or a determination
2396	by the department under paragraph (3)(b).
2397	(d)  A determination by the department not to offer any
2398	settlement to a licensee concerning any disciplinary matter.
2399	Section 23.  Section 497.133, Florida Statutes, is
2400	renumbered as section 497.154, Florida Statutes, and amended to
2401	read:
2402	497.154 497.133  Disciplinary guidelines.--
2403	(1)  The board shall adopt, by rule, and periodically
2404	review the disciplinary guidelines applicable to each ground for
2405	disciplinary action which may be imposed by the board pursuant
2406	to this chapter, and any rule of the board or department.
2407	(2)  The disciplinary guidelines shall specify a meaningful
2408	range of designated penalties based upon the severity and
2409	repetition of specific offenses, it being the legislative intent
2410	that minor violations be distinguished from those which endanger
2411	the public health, safety, or welfare; that such guidelines
2412	provide reasonable and meaningful notice to the public of likely
2413	penalties which may be imposed for proscribed conduct; and that
2414	such penalties be consistently applied by the board.
2415	(3)  A specific finding of mitigating or aggravating
2416	circumstances shall allow the board to impose a penalty other
2417	than that provided for in such guidelines. If applicable, the
2418	board shall adopt by rule disciplinary guidelines to designate
2419	possible mitigating and aggravating circumstances and the
2420	variation and range of penalties permitted for such
2421	circumstances.
2422	(4)  The department must review such disciplinary
2423	guidelines for compliance with the legislative intent as set
2424	forth in this section to determine whether the guidelines
2425	establish a meaningful range of penalties and may also challenge
2426	such rules pursuant to s. 120.56.
2427	(5)  The rules provided for in this section shall be
2428	adopted promulgated within 6 months after the enactment of the
2429	board.
2430	(6)  The administrative law judge, in recommending
2431	penalties in any recommended order, must follow the penalty
2432	guidelines established by the board and must state in writing
2433	the mitigating or aggravating circumstances upon which the
2434	recommended penalty is based.
2435	Section 24.  Section 497.121, Florida Statutes, is
2436	renumbered as section 497.155, Florida Statutes, and amended to
2437	read:
2438	497.155 497.121  Disciplinary citations and minor
2439	violations Authority to issue citations.--
2440	(1)  CITATIONS.--
2441	(a)  Notwithstanding the provisions of s. 497.153 497.131,
2442	the board shall adopt rules to permit the issuance of citations.
2443	The citation shall be issued to the subject and shall contain
2444	the subject's name and address, the subject's license number if
2445	applicable, a brief factual statement, the sections of the law
2446	allegedly violated, and the penalty imposed. The citation must
2447	clearly state that the subject may choose, in lieu of accepting
2448	the citation, to follow the procedures under s. 497.153 497.131.
2449	If the subject disputes the matter in the citation, the
2450	procedures set forth in s. 497.153 497.131 must be followed.
2451	However, if the subject does not dispute the matter in the
2452	citation with the department within 30 days after the citation
2453	is served, the citation shall become a final order of the board
2454	and shall constitute discipline. The penalty shall be a fine or
2455	other conditions as established by rule.
2456	(b)(2)  The board shall adopt rules designating violations
2457	for which a citation may be issued. Such rules shall designate
2458	as citation violations those violations for which there is no
2459	substantial threat to the public health, safety, and welfare.
2460	Citations shall not be utilized if there was any significant
2461	consumer harm resulting from the violation.
2462	(c)(3)  The department shall be entitled to recover the
2463	costs of investigation, in addition to any penalty provided
2464	according to board rule, as part of the penalty levied pursuant
2465	to the citation.
2466	(d)(4)  A citation must be issued within 6 months after the
2467	filing of the complaint that is the basis for the citation.
2468	(e)(5)  Service of a citation may be made by personal
2469	service or certified mail, restricted delivery, to the subject
2470	at the subject's last known address.
2471	(2)  MINOR VIOLATIONS.--
2472	(a)  The board may by rule specify violations of this
2473	chapter, and criteria for use by the department in identifying
2474	violations of this chapter, which are minor violations and
2475	which, if promptly corrected by the licensee upon notice by the
2476	department during investigation, may, with the concurrence of
2477	the department, result in closure of the investigation in the
2478	matter without further action by the department or the board.
2479	(b)  The rules may establish limits as to the number of
2480	times in total, or per period of time, that this subsection may
2481	be used in regard to any one licensee.
2482	(c)  The rules may establish limits or prohibitions on the
2483	use of this subsection where the violation relates to a consumer
2484	complaint received by the department concerning the licensee,
2485	and the complaint has not been resolved.
2486	(d)  There may by rule be specified notices of
2487	noncompliance and other forms and procedures for use in
2488	implementation of this subsection.
2489	Section 25.  Section 497.156, Florida Statutes, is created
2490	to read:
2491	497.156  Emergency action against licensees.--In addition
2492	to or in lieu of other actions authorized under this chapter for
2493	the enforcement of this chapter, the department may issue
2494	emergency orders under s. 120.60(6) suspending or restricting a
2495	license or ordering a licensee to cease or desist from specified
2496	conduct, or taking other action deemed necessary in the
2497	circumstances, but shall thereafter promptly present the matter
2498	to a probable cause panel of the board. Emergency orders shall
2499	be effective when issued, shall be appealable as provided by
2500	law, and shall be enforceable in the courts of this state.
2501	Section 26.  Section 497.157, Florida Statutes, is created
2502	to read:
2503	497.157  Unlicensed practice; remedies concerning
2504	violations by unlicensed persons.--
2505	(1)  No person or entity shall engage in any activity for
2506	which a license is required under this chapter without holding
2507	such licensure in good standing.
2508	(2)(a)  When the department has reasonable cause to believe
2509	that any person or entity not licensed under this chapter has
2510	violated any provision of this chapter or any rule adopted under
2511	this chapter, the department may issue an administrative
2512	complaint to such person or entity, alleging violation of this
2513	chapter and providing notice therein of intent by the department
2514	to order such person to cease and desist from the alleged
2515	violation of this chapter, to take corrective action including
2516	payment of restitution to persons adversely affected by the
2517	violation, to pay the department's reasonable costs of
2518	investigation and prosecution, or to impose a fine of up to
2519	$10,000 upon such person for each violation of this chapter
2520	alleged in the administrative complaint.
2521	(b)  The issuance of the administrative complaint shall be
2522	a decision affecting substantial interests and shall entitle the
2523	respondent therein to proceedings pursuant to s. 120.569, if
2524	such proceedings are requested by the respondent in writing and
2525	are received by the department within 21 days after service of
2526	the administrative complaint. If such proceedings are timely
2527	requested and the respondent shall contest any material fact
2528	alleged in the administrative complaint, the matter shall be
2529	heard before an administrative law judge of the Division of
2530	Administrative Hearings, who shall issue her or his recommended
2531	order to the department; otherwise, the proceedings shall be
2532	before the Chief Financial Officer or her or his designee. Upon
2533	conclusion of proceedings under s. 120.57 if the subject timely
2534	requested a hearing, or after the expiration of 21 days after
2535	service of the administrative complaint if no request for
2536	hearing is received within those 21 days, the department may
2537	take final agency action and issue its final order concerning
2538	the matter, which  final order shall be enforceable as set forth
2539	in s. 120.69.
2540	(3)  Where the department determines that an emergency
2541	exists regarding any violation of this chapter by any unlicensed
2542	person or entity, the department may issue and serve an
2543	immediate final order upon such unlicensed person or entity, in
2544	accordance with s. 120.569(2)(n). Such an immediate final order
2545	may impose such prohibitions and requirements as are reasonably
2546	necessary to protect the public health, safety, and welfare, and
2547	shall be effective when served.
2548	(a)  For the purpose of enforcing such an immediate final
2549	order, the department may file an emergency or other proceeding
2550	in the circuit courts of the state seeking enforcement of the
2551	immediate final order by injunctive or other order of the court.
2552	The court shall issue its injunction or other order enforcing
2553	the immediate final order pending administrative resolution of
2554	the matter under subsection (2), unless the court determines
2555	that such action would be a manifest injustice under the
2556	circumstances. Venue for judicial actions under this paragraph
2557	shall be, at the election of the department, in the courts of
2558	Leon County or in a county where the respondent resides or has a
2559	place of business.
2560	(b)  After serving an immediate final order to cease and
2561	desist upon any person or entity, the department shall within 10
2562	days issue and serve upon the same person or entity an
2563	administrative complaint as set forth in subsection (2), except
2564	that, absent order of a court to the contrary, the immediate
2565	final order shall be effective throughout the pendency of
2566	proceedings under subsection (2).
2567	(4)  For the purpose of this section, a violation of this
2568	chapter by a person who is not licensed under this chapter or by
2569	any person who aids and abets the unlicensed activity shall be
2570	presumed to be irreparable harm to the public health, safety, or
2571	welfare.
2572	(5)  Any administrative complaint or immediate final order
2573	under this section may be served in person by a department
2574	employee or by certified mail, return receipt requested, to the
2575	subject's place of residence or business, or by other means
2576	authorized by law.
2577	Section 27.  Section 497.229, Florida Statutes, is
2578	renumbered as section 497.158, Florida Statutes, and amended to
2579	read:
2580	497.158 497.229  Court enforcement actions; Courts; powers;
2581	abatement of nuisances.--
2582	(1)  In addition to or in lieu of other actions authorized
2583	by this chapter, the department may petition the courts of this
2584	state for injunctive or other relief against any licensed or
2585	unlicensed person, for the enforcement of this chapter and
2586	orders issued under this chapter. The court shall be authorized
2587	to impose a fine of up to $5,000 per violation, payable to the
2588	department, upon any person determined by the court to have
2589	violated this chapter and may order payment to the department of
2590	the department's attorney's fees and litigation costs by any
2591	person found to have violated this chapter.
2592	(2)(1)  In addition to all other means provided by law for
2593	the enforcement by a court of a temporary restraining order or
2594	an injunction, the circuit court may impound the property of a
2595	licensee cemetery company, including books, papers, documents,
2596	and records pertaining thereto, and may appoint a receiver or
2597	administrator to prevent further violation of this chapter.
2598	(3)(2)  A court-appointed receiver or administrator may
2599	take any action to implement the provisions of the court order,
2600	to ensure the performance of the order, and to remedy any breach
2601	thereof.
2602	(4)(3)  Any nonconforming physical condition in a cemetery
2603	or component thereof which is the result of a violation of this
2604	chapter or of the rules adopted under this chapter of the board
2605	relating to construction, physical operations, or care and
2606	maintenance at the cemetery shall be deemed a public nuisance,
2607	and the nonconforming physical conditions caused by such
2608	violation may be abated as provided in s. 60.05.
2609	Section 28.  Section 497.159, Florida Statutes, is created
2610	to read:
2611	497.159  Crimes.--
2612	(1)  The theft of an examination in whole or in part or the
2613	act of unauthorized reproducing or copying any examination
2614	administered by the department or the board, whether such
2615	examination is reproduced or copied in part or in whole and by
2616	any means, constitutes a felony of the third degree, punishable
2617	as provided in s. 775.082, s. 775.083, or s. 775.084.
2618	(2)  The act of knowingly giving false information in the
2619	course of applying for or obtaining a license under this chapter
2620	with intent to mislead the board or a public employee in the
2621	performance of her or his official duties, or the act of
2622	attempting to obtain or obtaining a license under this chapter
2623	by knowingly misleading statements or knowing
2624	misrepresentations, constitutes a felony of the third degree,
2625	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2626	(3)  Any individual who willfully obstructs the department
2627	or its examiner in any examination or investigation authorized
2628	by this chapter commits a misdemeanor of the second degree and,
2629	in addition to any disciplinary action under this chapter, is
2630	punishable as provided in s. 775.082 or s. 775.083.
2631	(4)  Any officer or director, or person occupying similar
2632	status or performing similar functions, of a licensee under this
2633	chapter who knowingly directs or causes the failure to make
2634	required deposits to any trust fund required by this chapter, or
2635	with knowledge that such required deposits are not being made as
2636	required by law fails to report such failure to the department,
2637	or who knowingly directs or causes the unlawful withdrawal of
2638	funds from any trust fund required by this chapter, commits a
2639	felony of the third degree, punishable as provided in s.
2640	775.082, s. 775.083, or s. 775.084.
2641	(5)(a)  No cemetery company or other legal entity
2642	conducting or maintaining any public or private cemetery may
2643	deny burial space to any person because of race or color. A
2644	cemetery company or other entity operating any cemetery may
2645	designate parts of cemeteries or burial grounds for the specific
2646	use of persons whose religious code requires isolation.
2647	Religious institution cemeteries may limit burials to members of
2648	the religious institution and their families.
2649	(b)  Any cemetery company or other legal entity which
2650	violates the provisions of this subsection commits a misdemeanor
2651	of the second degree, punishable as provided in s. 775.083, and
2652	each violation of this section constitutes a separate offense.
2653	(6)  Any person who is not licensed under this chapter who
2654	engages in activity requiring licensure under this chapter
2655	commits a misdemeanor of the second degree, punishable as
2656	provided in s. 775.082 or s. 775.083.
2657	Section 29.  Section 497.437, Florida Statutes, is
2658	renumbered as section 497.160, Florida Statutes, and amended to
2659	read:
2660	(Substantial rewording of section. See
2661	s. 497.437, F.S., for present text.)
2662	497.160  Receivership proceedings.--
2663	(1)  The department, with the approval of the board, may
2664	petition the circuit courts of this state for appointment of a
2665	receiver of any licensee or revoked or suspended licensee under
2666	this chapter or any person who has, without a license, conducted
2667	activities requiring licensure under this chapter. The court
2668	shall appoint a receiver if the court shall determine that a
2669	receivership is necessary or advisable:
2670	(a)  To ensure the orderly and proper conduct of a
2671	licensee's professional business and affairs during or in the
2672	aftermath of the administrative proceeding to revoke or suspend
2673	the licensee.
2674	(b)  For the protection of the public's interest and rights
2675	in the business, premises, or activities of the person sought to
2676	be placed in receivership.
2677	(c)  Upon a showing of actual or constructive abandonment
2678	of premises or business licensed or which were not but should
2679	have been licensed under this chapter.
2680	(d)  Upon a showing of serious and repeated violations of
2681	this chapter demonstrating an inability or unwillingness of a
2682	licensee to comply with the requirements of this chapter.
2683	(e)  To prevent loss, wasting, dissipation, theft, or
2684	conversion of assets that should be marshaled and held available
2685	for the honoring of obligations under this chapter.
2686	(f)  Upon proof of other grounds which the court deems good
2687	and sufficient for instituting receivership action concerning
2688	the respondent sought to be placed in receivership.
2689	(2)  A receivership under this section may be temporary, or
2690	for the winding up and dissolution of the business, as the
2691	department may request and the court determines to be necessary
2692	or advisable in the circumstances. Venue of receivership
2693	proceedings may be, at the department's election, in Leon County
2694	or the county where the subject of the receivership is located.
2695	The appointed receiver shall be the department or such person as
2696	the department may nominate and the court shall approve. The
2697	provisions of part I of chapter 631 shall be applicable to
2698	receiverships under this section except to the extent the court
2699	determines that the application of such provisions would be
2700	impracticable or would produce unfair results in the
2701	circumstances. Expenditures by the department from its budgeted
2702	funds, the Preneed Funeral Contract Consumer Protection Trust
2703	Fund, and other regulatory trust funds derived from this
2704	chapter, for implementation and effectuation of such a
2705	receivership, shall be authorized; any such funds expended shall
2706	be a claim against the estate in the receivership proceedings.
2707	(3)  The department may adopt rules for the implementation
2708	of this section.
2709	Section 30.  Section 497.161, Florida Statutes, is created
2710	to read:
2711	497.161  Other rulemaking provisions.--
2712	(1)  In addition to such other rules as are authorized or
2713	required under this chapter, the following additional rules, not
2714	inconsistent with this chapter, shall be authorized by the
2715	licensing authority.
2716	(a)  Rules by the board defining any technical term used
2717	but not defined in his chapter, and defining the terms "at-need"
2718	and "preneed" as used in this chapter.
2719	(b)  Rules by the board defining and regulating hazardous
2720	materials generated in connection with the practice of
2721	embalming, funeral directing, or direct disposition.
2722	(c)  Rules by the board governing the operation of
2723	cemeteries in this state.
2724	(d)  Rules establishing a fee of up to $100 for issuance of
2725	a duplicate license or for a name change on a license.
2726	(e)  Rules allowing and prescribing procedure and formats
2727	for the electronic submission of any applications, documents,
2728	filings, or fees required by this chapter.
2729	(f)  Rules establishing procedures for investigation,
2730	financial examination, and inspection of licensees.
2731	(g)  Rules establishing procedures by which the department
2732	may use the expert or technical advice of the board or members
2733	of the board for the purposes of any investigation, inspection,
2734	or financial examination, without thereby disqualifying the
2735	board member from voting on final action in the matter.
2736	(h)  In connection with the statutory revisions by the 2005
2737	Regular Session of the Legislature merging chapters 470 and 497
2738	as those chapters appeared in the 2004 edition of the Florida
2739	Statutes and the elimination of the former boards under those
2740	chapters and the movement of regulation out of the Department of
2741	Business and Professional Regulation, the licensing authority
2742	shall through July 1, 2006, be deemed to have extraordinary
2743	rulemaking authority to adopt any and all rules jointly agreed
2744	to by the board and the department to be necessary for the
2745	protection of the public concerning the regulation of the
2746	professions and occupations regulated under this chapter, or for
2747	the relief of licensees regulated under this chapter concerning
2748	any impacts which the department and the board jointly agree
2749	were unintended or not contemplated in the enactment of the 2005
2750	legislative changes. The authority under this paragraph and any
2751	rules adopted under authority of this paragraph shall expire
2752	July 1, 2006.
2753	(2)  In addition to challenges for any invalid exercise of
2754	delegated legislative authority, no rule shall be adopted under
2755	this chapter, and the administrative law judge upon such a
2756	challenge by the department or the board, may declare all or
2757	part of a rule or proposed rule invalid, if the rule or proposed
2758	rule:
2759	(a)  Does not protect the public from any significant and
2760	discernible harm or damages;
2761	(b)  Unreasonably restricts competition or the availability
2762	of professional services in the state or in a significant part
2763	of the state; or
2764	(c)  Unnecessarily increases the cost of professional
2765	services without a corresponding or equivalent public benefit.
2766	However, there shall not be created a presumption of the
2767	existence of any of the conditions cited in this subsection in
2768	the event that the rule or proposed rule is challenged.
2769	(3)  The department and the board shall each have standing
2770	under chapter 120 for the purposes of challenging rules or
2771	proposed rules under this chapter.
2772	Section 31.  Section 470.0201, Florida Statutes, is
2773	renumbered as section 497.162, Florida Statutes, and amended to
2774	read:
2775	497.162 470.0201  Health and safety education.--All
2776	individuals not licensed under this chapter by the department
2777	who intend to be employed as operational personnel affiliated
2778	with a direct disposal establishment, cinerator facility,
2779	removal service, refrigeration facility, or centralized
2780	embalming facility, as well as all nonlicensed individuals who
2781	intend to be involved in the removal or transportation of human
2782	remains on behalf of a funeral establishment, direct disposal
2783	establishment, or cinerator facility shall complete one course
2784	approved by the licensing authority board on communicable
2785	diseases, within 10 days after the date that they begin
2786	functioning as operational personnel on behalf of any entity
2787	that is regulated by this chapter. The course shall not exceed 3
2788	hours and shall be offered at approved locations throughout the
2789	state. Such locations may include establishments that are
2790	licensed or registered under this chapter. The licensing
2791	authority board shall adopt rules to implement and enforce this
2792	provision, which rules shall include provisions that provide for
2793	the use of approved videocassette courses and other types of
2794	audio, video, or home study courses to fulfill the continuing
2795	education requirements of this section.
2796	Section 32.  Section 497.163, Florida Statutes, is created
2797	to read:
2798	497.163  Restriction on requirement of citizenship.--No
2799	person shall be disqualified from practicing an occupation or
2800	profession regulated by this chapter solely because she or he is
2801	not a United States citizen.
2802	Section 33.  Section 497.321, Florida Statutes, is
2803	renumbered as section 497.164, Florida Statutes, and amended to
2804	read:
2805	497.164 497.321  Solicitation of goods or services.--
2806	(1)  The board is authorized to adopt rules regulating the
2807	solicitation of sales of burial rights, merchandise, or services
2808	by licensees.
2809	(2)  The board shall regulate such solicitation to protect
2810	the public from solicitation which is intimidating,
2811	overreaching, vexatious, fraudulent, or misleading; which
2812	utilizes undue influence; or which takes undue advantage of a
2813	person's ignorance or emotional vulnerability.
2814	(3)  The board shall regulate any solicitation which
2815	comprises an uninvited invasion of personal privacy. It is the
2816	express finding of the Legislature that the public have a high
2817	expectation of privacy in their personal residences, and the
2818	department by rule shall restrict the hours or otherwise
2819	regulate such solicitation in the personal residence of a person
2820	unless the solicitation has been previously and expressly
2821	requested by the person solicited.
2822	(4)  Nothing in this section act shall be construed to
2823	restrict the right of a person to lawfully advertise, use direct
2824	mail, or otherwise communicate in a manner not within the
2825	definition of solicitation or to solicit the business of anyone
2826	responding to such communication or otherwise initiating
2827	discussion of goods and services being offered.
2828	(5)  At-need solicitation of sales of burial rights,
2829	merchandise, or services is prohibited. No person cemetery
2830	company or any agent or representative of that company may
2831	contact the family or next of kin of a deceased person to sell
2832	services or merchandise unless the person cemetery company or an
2833	agent or representative of the company has been initially called
2834	or contacted by the family or next of kin of such person or
2835	persons and requested to provide services or merchandise.
2836	Section 34.  Section 497.025, Florida Statutes, is
2837	renumbered as section 497.165, Florida Statutes, and amended to
2838	read:
2839	(Substantial rewording of section. See
2840	s. 497.025, F.S., for present text.)
2841	497.165  Liability of owners, directors, and officers
2842	regarding trust funds.--The owners, officers, and directors of
2843	any licensee under this chapter may be held jointly and
2844	severally liable for any deficiency in any trust fund required
2845	by this chapter, to the extent the deficiency arose during the
2846	period they were owners, officers, or directors of the licensee,
2847	if their conduct or their negligence in the performance of their
2848	duties caused the deficiency or substantially contributed to
2849	conditions that allowed the deficiency to arise or increase.
2850	Section 35.  Section 497.166, Florida Statutes, is created
2851	to read:
2852	497.166  Preneed sales.--
2853	(1)  Regulation of preneed sales shall be as set forth in
2854	part IV of this chapter. No person may act as an agent for a
2855	funeral establishment or direct disposal establishment with
2856	respect to preneed contracts unless such person is licensed as a
2857	preneed sales agent pursuant to part IV of this chapter.
2858	(2)  Nothing in part I, part II, part III, part V, or part
2859	VI of this chapter shall be understood to necessarily prohibit
2860	any licensee under this chapter from selling preneed funerals
2861	and funeral merchandise through its agents and employees, so
2862	long as such sales are permitted by part IV of this chapter.
2863	(3)(a)  The funeral director in charge of a funeral
2864	establishment shall be responsible for the control and
2865	activities of the establishment's preneed sales agents.
2866	(b)  The direct disposer in charge or a funeral director
2867	acting as a direct disposer in charge of a direct disposal
2868	establishment shall be responsible for the control and
2869	activities of the establishment's preneed sales agents.
2870	Section 36.  Section 497.167, Florida Statutes, is created
2871	to read:
2872	497.167  Administrative matters.--
2873	(1)  The department shall establish and operate a toll-free
2874	telephone hotline to receive complaints and provide information
2875	relating to the regulation under this chapter.
2876	(2)  The director of the division shall serve as executive
2877	director of the board. The director is the agency head of the
2878	division. The director shall be appointed by and serve at the
2879	pleasure of the Chief Financial Officer. The director shall be
2880	responsible for preparing the agenda for each board meeting,
2881	making presentations to the board of department recommendations
2882	and reports, and performing such other duties as may be assigned
2883	by the Chief Financial Officer.
2884	(3)  There shall be submitted to the Legislature a biennial
2885	budget for the board's operations at a time and in the manner
2886	provided by law.
2887	(4)  There shall be developed and implemented a training
2888	program for persons newly appointed to membership on the board.
2889	The program shall familiarize such persons with the substantive
2890	and procedural laws and rules which relate to the regulation
2891	under this chapter and with the structure of the department.
2892	(5)  There may be informational newsletters, bulletins, and
2893	brochures produced and provided to licensees and consumers
2894	concerning regulation under this chapter.
2895	(6)  The department shall allow applicants for new or
2896	renewal licenses and current licensees to be screened by the
2897	Title IV-D child support agency pursuant to s. 409.2598 to
2898	ensure compliance with a support obligation. The purpose of this
2899	subsection is to promote the public policy of this state as
2900	established in s. 409.2551. The department shall, when directed
2901	by the court, suspend or deny the license of any licensee found
2902	to have a delinquent support obligation as defined in s.
2903	409.2554. The department shall issue or reinstate the license
2904	without additional charge to the licensee when notified by the
2905	court that the licensee has complied with the terms of the court
2906	order. The department shall not be held liable for any license
2907	denial or suspension resulting from the discharge of its duties
2908	under this subsection.
2909	(7)  Any person retained by the department under contract
2910	to review materials, make site visits, or provide expert
2911	testimony regarding any complaint or application filed with the
2912	department, relating to regulation under this chapter, shall be
2913	considered an agent of the department in determining the state
2914	insurance coverage and sovereign immunity protection
2915	applicability of ss. 284.31 and 768.28.
2916	(8)  Funds due from any licensee as a result of
2917	disciplinary settlements under this chapter may be directed by
2918	the board and department to use in support of training of
2919	examiners, investigators, and inspectors concerning
2920	examinations, investigations, and inspections under this
2921	chapter, and to the conduct of examinations and investigations
2922	under this chapter, in order to enhance oversight and
2923	enforcement of laws and regulations governing the activities of
2924	licensees under this chapter.
2925	(9)  Any application under this chapter which must be
2926	reviewed and acted upon by the board under this chapter shall be
2927	acted upon by the board at a regularly scheduled board meeting,
2928	and such application must be completed at least 25 days in
2929	advance of a regularly scheduled board meeting to be considered
2930	by the board at such board meeting. The time for approval of
2931	completed applications under s. 120.60 shall be deemed tolled
2932	between the date the application is complete and the next
2933	regularly scheduled board meeting at which the application may
2934	be considered by the board.
2935	(10)  The board may establish by rule procedures and
2936	requirements for the appearance before the board of any
2937	applicant or principal of an applicant to stand for oral
2938	interview by the board at a public meeting board before an
2939	application shall be deemed complete. Such rule may require such
2940	appearance for all or specified categories of applicants and may
2941	provide criteria for determining when such appearance shall be
2942	required.
2943	(11)  In any instance in which a licensee or applicant
2944	under this chapter is required to be in compliance with a
2945	particular provision by, on, or before a certain date, and if
2946	that date occurs on a Saturday, Sunday, or a legal holiday, then
2947	the licensee or applicant is deemed to be in compliance with the
2948	specific date requirement if the required action occurs on the
2949	first succeeding day which is not a Saturday, Sunday, or legal
2950	holiday.
2951	(12)  Notwithstanding anything to the contrary, any elected
2952	official who is licensed pursuant to this chapter may hold
2953	employment for compensation with any public agency concurrent
2954	with such public service. Such dual service shall be disclosed
2955	according to any disclosure required by applicable law.
2956	(13)  No application for any approval by the board may come
2957	before the board for final or other action, nor shall action by
2958	the board be taken as to any application, except upon
2959	presentation and recommendation by the department.
2960	(14)  The department shall have standing to appear as a
2961	party litigant in any judicial proceeding for the purpose of
2962	enforcing this chapter or for the protection Florida residents
2963	from the effects of any violation of this chapter.
2964	(15)  The Department of Legal Affairs shall provide legal
2965	services to the board within the Department of Financial
2966	Services, but the primary responsibility of the Department of
2967	Legal Affairs shall be to represent the interests of the
2968	citizens of the state by vigorously counseling the board with
2969	respect to its obligations under the laws of the state. Subject
2970	to the prior approval of the Attorney General, the board may
2971	retain independent legal counsel to provide legal advice to the
2972	board on a specific matter. Fees and costs of such counsel shall
2973	be paid from the Regulatory Trust Fund.
2974	Section 37.  Section 497.168, Florida Statutes, is created
2975	to read:
2976	497.168  Members of Armed Forces in good standing with
2977	administrative boards.--
2978	(1)  Any reserve member of the Armed Forces of the United
2979	States, and any member of any element of the national guard, now
2980	or hereafter called to active duty in the Armed Forces of the
2981	United States for a continuous period of 30 or more days, who at
2982	the time of being called to active duty was licensed in good
2983	standing to practice a profession under this chapter, shall
2984	remain in good standing, without registering, paying dues or
2985	fees, or being required to perform any other act, as long as she
2986	or he remains on such active duty and for a period of 6 months
2987	after discharge from active duty.
2988	(2)  The licensing authority shall adopt rules exempting
2989	the spouses of members of the Armed Forces of the United States
2990	from licensure renewal provisions, but only in cases of absence
2991	from the state because of their spouses' call to active duty
2992	from the reserves or national guard.
2993	Section 38.  Section 497.527, Florida Statutes, is
2994	renumbered as section 497.169, Florida Statutes, and amended to
2995	read:
2996	497.169 497.527  Private actions; actions on behalf of
2997	consumers; attorney's fees and costs Civil remedies.--
2998	(1)  The Attorney General, the department on behalf of
2999	Florida residents, or any person may bring a civil action
3000	against a person or company violating the provisions of this
3001	chapter in the appropriate court of the county in which the
3002	alleged violator resides or has his or her or his or its
3003	principal place of business or in the county wherein the alleged
3004	violation occurred. Upon adverse adjudication, the defendant
3005	shall be liable for actual damages caused by such violation. The
3006	court may, as provided by common law, award punitive damages and
3007	may provide such equitable relief as it deems proper or
3008	necessary, including enjoining the defendant from further
3009	violations of this chapter.
3010	(2)  In any civil litigation resulting from a transaction
3011	involving a violation of this chapter, the court may award to
3012	the prevailing party, after judgment in the trial court and
3013	exhaustion of any appeal, reasonable attorney's fees and costs
3014	from the nonprevailing party in an amount to be determined by
3015	the trial court. Any award of attorney's fees or costs shall
3016	become a part of the judgment and shall be subject to execution
3017	as the law allows.
3018	(3)  The provisions of this chapter are cumulative to
3019	rights under the general civil and common law, and no action of
3020	the department may abrogate such rights to damages or other
3021	relief in any court.
3022	Section 39.  Section 497.531, Florida Statutes, is
3023	renumbered as section 497.170, Florida Statutes, to read:
3024	497.170 497.531  Unauthorized arrangements.--
3025	(1)  Any arrangement to provide merchandise or services as
3026	defined in this chapter, by which payment for such merchandise
3027	or services is to be paid for through a financial arrangement,
3028	other than as authorized pursuant to this chapter, in which the
3029	provider of the merchandise or services is a beneficiary, party,
3030	agent, or owner is in violation of this chapter.
3031	(2)  Any person who provides merchandise or services and
3032	who knowingly becomes a beneficiary, agent, party, or coowner as
3033	described in subsection (1) is in violation of this chapter.
3034	Section 40.  Part II of chapter 497, consisting of sections
3035	497.260, 497.261, 497.262, 497.263, 497.264, 497.265, 497.266,
3036	497.267, 497.268, 497.269, 497.270, 497.271, 497.272, 497.273,
3037	497.274, 497.275, 497.276, 497.277, 497.278, 497.280, 497.281,
3038	497.282, 497.283, 497.284, 497.285, 497.286, and 497.287, is
3039	created to read:
3040	PART II
3041	CEMETERY REGULATION
3042	Section 41.  Section 497.003, Florida Statutes, is
3043	renumbered as section 497.260, Florida Statutes, and amended to
3044	read:
3045	497.260 497.003  Cemeteries; exemption; investigation and
3046	mediation.--
3047	(1)  The provisions of this chapter relating to cemeteries
3048	and all rules adopted pursuant thereto shall apply to all
3049	cemeteries except for:
3050	(a)  Religious institution cemeteries of less than 5 acres
3051	which provide only single-level ground burial.
3052	(b)  County and municipal cemeteries.
3053	(c)  Community and nonprofit association cemeteries which
3054	provide only single-level ground burial and do not sell burial
3055	spaces or burial merchandise.
3056	(d)  Cemeteries owned and operated or dedicated by a
3057	religious institution prior to June 23, 1976.
3058	(e)  Cemeteries beneficially owned and operated since July
3059	1, 1915, by a fraternal organization or its corporate agent.
3060	(f)  A columbarium consisting of less than one-half acre
3061	which is owned by and immediately contiguous to an existing
3062	religious institution facility and is subject to local
3063	government zoning. The religious institution establishing such a
3064	columbarium shall ensure that the columbarium is perpetually
3065	kept and maintained in a manner consistent with the intent of
3066	this chapter. If the religious institution relocates, the
3067	religious institution shall relocate all of the urns and remains
3068	placed in the columbarium which were placed therein during its
3069	use by the religious institution.
3070	(g)  Family cemeteries of less than 2 acres which do not
3071	sell burial spaces or burial merchandise.
3072	(h)  A mausoleum consisting of 2 acres or less which is
3073	owned by and immediately contiguous to an existing religious
3074	institution facility and is subject to local government zoning.
3075	The religious institution establishing such a mausoleum must
3076	ensure that the mausoleum is kept and maintained in a manner
3077	consistent with the intent of this chapter and limit its
3078	availability to members of the religious institution. The
3079	religious institution establishing such a mausoleum must have
3080	been incorporated for at least 25 years and must have sufficient
3081	funds in an endowment fund to cover the costs of construction of
3082	the mausoleum.
3083	(2)  Section 497.276(1) 497.309(1) as to burial records,
3084	and ss. 497.164, 497.152(1)(d), 497.280, and 497.284 497.321,
3085	497.325, 497.341, and 497.345 apply to all cemeteries in this
3086	state.
3087	(3)  All cemeteries exempted under this chapter which are
3088	in excess of 5 acres must submit to the following investigation
3089	and mediation procedure by the department in the event of a
3090	consumer complaint:
3091	(a)  The exempt cemetery shall make every effort to first
3092	resolve a consumer complaint;
3093	(b)  If the complaint is not resolved, the exempt cemetery
3094	shall advise the consumer of the right to seek investigation and
3095	mediation by the department;
3096	(c)  If the department receives a complaint, it shall
3097	attempt to resolve it telephonically with the parties involved;
3098	(d)  If the complaint still is not resolved, the department
3099	shall conduct an investigation and mediate the complaint;
3100	(e)  If the department conducts an onsite investigation and
3101	face-to-face mediation with the parties, it may charge the
3102	exempt cemetery a single investigation and mediation fee not to
3103	exceed $300, which fee shall be set by rule and shall be
3104	calculated on an hourly basis; and
3105	(f)  If all attempts to resolve the consumer complaint
3106	fail, the cemetery shall be subject to proceedings for penalties
3107	and discipline under this chapter if it is determined in a
3108	proceeding complying with chapter 120 that the cemetery is
3109	guilty of fraud, deceit, theft, gross negligence, incompetence,
3110	unjustified failure to honor its contracts, or failure to
3111	adequately maintain its premises. The department may file and
3112	serve on the cemetery an administrative complaint and cause the
3113	matter to be prosecuted and may thereafter issue and enforce its
3114	final order in the matter pursuant to chapter 120.
3115	(4)  Any religious-institution-owned cemetery that is
3116	exempt under paragraph (1)(d), is located in a county with a
3117	population of at least 1.3 million persons on July 1, 1996, and
3118	was selling merchandise and services to the religious
3119	institution's members prior to October 1, 1993, may establish
3120	one additional exempt cemetery in such county after December 31,
3121	2020.
3122	(5)  Any religious-institution-owned cemetery exempt under
3123	subsection (1), except those cemeteries qualifying under
3124	paragraph (1)(d), which becomes affiliated with a commercial
3125	enterprise must meet the requirements of s. 497.263 497.201.
3126	(6)(a)  This subsection applies to all cemeteries in this
3127	state.
3128	(b)  No cemetery company or other legal entity conducting
3129	or maintaining any public or private cemetery may deny burial
3130	space to any person because of race or color. A cemetery company
3131	or other entity operating any cemetery may designate parts of
3132	cemeteries or burial grounds for the specific use of persons
3133	whose religious code requires isolation. Religious institution
3134	cemeteries may limit burials to members of the religious
3135	institution and their families.
3136	(c)  Any cemetery company or other legal entity which
3137	violates the provisions of this subsection commits a misdemeanor
3138	of the second degree, punishable as provided in s. 775.083, and
3139	each violation of this section constitutes a separate offense.
3140	Section 42.  Section 497.004, Florida Statutes, is
3141	renumbered as section 497.261, Florida Statutes, to read:
3142	497.261 497.004  Existing companies, effect of this
3143	chapter.--Cemetery companies existing on October 1, 1993, shall
3144	continue in full force and effect but shall be operated in
3145	accordance with the provisions of this chapter.
3146	Section 43.  Section 497.0255, Florida Statutes, is
3147	renumbered as section 497.262, Florida Statutes, and amended to
3148	read:
3149	497.262 497.0255  Duty of care and maintenance of licensed
3150	cemetery.--Every cemetery company or other entity responsible
3151	for the care and maintenance of a licensed cemetery in this
3152	state shall ensure that the grounds, structures, and other
3153	improvements of the cemetery are well cared for and maintained
3154	in a proper and dignified condition. The licensing authority
3155	board shall adopt, by no later than July 1, 1999, such rules as
3156	are necessary to implement and enforce this section. In
3157	developing and adopting such promulgating said rules, the
3158	licensing authority board may define different classes of
3159	cemeteries or care and maintenance, and may provide for
3160	different rules to apply to each of said classes, if the
3161	designation of classes and the application of different rules is
3162	in the public interest and is supported by findings by the
3163	licensing authority board based on evidence of industry
3164	practices, economic and physical feasibility, location, or
3165	intended uses; provided, that the rules shall provide minimum
3166	standards applicable to all cemeteries. For example, and without
3167	limiting the generality of the foregoing, the licensing
3168	authority board may determine that a small rural cemetery with
3169	large trees and shade area does not require, and may not be able
3170	to attain, the same level of lawn care as a large urban cemetery
3171	with large open grassy areas and sprinkler systems.
3172	Section 44.  Section 497.201, Florida Statutes, is
3173	renumbered as section 497.263, Florida Statutes, and amended to
3174	read:
3175	(Substantial rewording of section. See
3176	s. 497.201, F.S., for present text.)
3177	497.263  Cemetery companies; license required; licensure
3178	requirements and procedures.--
3179	(1)  LICENSE REQUIRED.--No person may operate a cemetery
3180	without first obtaining a license under this section, unless
3181	specifically exempted from this chapter.
3182	(2)  APPLICATION PROCEDURES.--
3183	(a)  A person seeking a cemetery license under this section
3184	shall apply for such licensure using forms and procedures
3185	prescribed by rule.
3186	(b)  The applicant shall be a corporation, partnership, or
3187	limited liability company formed prior to January 1, 2005, which
3188	limited liability company already holds a license under this
3189	chapter.
3190	(c)  The application shall require the name, principal
3191	place of business, date of formation, and federal tax
3192	identification number of the applicant.
3193	(d)  The application shall require such historical sketches
3194	and audited or unaudited financial statements concerning the
3195	applicant and each principal of applicant as the licensing
3196	authority may require by rule.
3197	(e)  The application shall state any and all names under
3198	which the cemetery may do business if licensed, if different
3199	from applicant's name.
3200	(f)  The application shall state the exact location of the
3201	proposed cemetery.
3202	(g)  The proposed cemetery must contain at least 30
3203	contiguous acres. The application shall state the exact number
3204	of acres in the proposed cemetery.
3205	(h)  The applicant must have a net worth of $50,000, as
3206	attested to by a sworn statement signed by all officers of
3207	applicant. Such net worth must be continually maintained as a
3208	condition of licensure.
3209	(i)  The application shall be accompanied by such
3210	description of the proposed financial structure of the cemetery
3211	as the licensing authority may require by rule.
3212	(j)  The application shall be accompanied by a legal
3213	description of the cemetery.
3214	(k)  The application shall be accompanied by such maps or
3215	surveys of the proposed cemetery, and maps showing the location
3216	of the proposed cemetery in the local area as the licensing
3217	authority may require by rule, and the licensing authority may
3218	by rule require such maps or surveys of the cemetery to be
3219	prepared by a licensed Florida professional surveyor.
3220	(l)  The application shall include such description of the
3221	development plans for the proposed cemetery as the licensing
3222	authority may require by rule.
3223	(m)  The application shall require the applicant to
3224	disclose whether the applicant or any principal of applicant has
3225	ever been convicted or found guilty of, or entered a plea of
3226	nolo contendere to, regardless of adjudication, any crime in any
3227	jurisdiction. The licensing authority may require by rule
3228	additional information to be provided concerning any affirmative
3229	answers.
3230	(n)  The application shall require the applicant to
3231	disclose whether the applicant or any principal of the applicant
3232	has ever had a license or the authority to practice a profession
3233	or occupation refused, suspended, fined, denied, or otherwise
3234	acted against or disciplined by the licensing authority of any
3235	jurisdiction. The licensing authority may require by rule
3236	additional information to be provided concerning any affirmative
3237	answers. A licensing authority's acceptance of a relinquishment
3238	of licensure, stipulation, consent order, or other settlement
3239	offered in response to or in anticipation of the filing of
3240	charges against the license shall be construed as action against
3241	the license. The licensing authority may require by rule
3242	additional information to be provided concerning any affirmative
3243	answers.
3244	(o)  The application shall require the applicant and
3245	applicant's principals to provide fingerprints in accordance
3246	with part I of this chapter.
3247	(p)  The applicant shall demonstrate by clear and
3248	convincing evidence that the applicant has the ability,
3249	experience, financial stability, and integrity to operate a
3250	cemetery and that its principals are of good character.
3251	(q)  The application shall be signed by the president of
3252	the applicant.
3253	(r)  The application shall be accompanied by a
3254	nonrefundable application fee of $5,000.
3255	(s)  The licensing authority may establish by rule
3256	requirements for the appearance before the licensing authority
3257	of the applicant and the applicant's principals to stand for
3258	oral interview by the licensing authority at a public licensing
3259	authority meeting before the application shall be deemed
3260	complete.
3261	(3)  ACTION CONCERNING APPLICATIONS.--If the licensing
3262	authority finds that the applicant meets the criteria
3263	established in subsection (2), the applicant shall be notified
3264	that a license will be issued when all of the following
3265	conditions are satisfied:
3266	(a)  The establishment of a care and maintenance trust fund
3267	containing not less than $50,000 has been certified by a trust
3268	company operating pursuant to chapter 660, a state or national
3269	bank holding trust powers, or a savings and loan association
3270	holding trust powers as provided in s. 497.458, pursuant to a
3271	trust agreement approved by the licensing authority. The $50,000
3272	required for the care and maintenance trust fund shall be over
3273	and above the $50,000 net worth required by subsection (2).
3274	(b)  The applicant files with the licensing authority an
3275	opinion or certification from a Florida attorney in good
3276	standing, or a Florida title company, in a form acceptable to
3277	the licensing authority, that the applicant holds unencumbered
3278	fee simple title to all land identified in the application.
3279	(c)  The applicant obtains approval of the local zoning
3280	authorities regarding the cemetery, and files with the licensing
3281	authority evidence satisfactory to the licensing authority of
3282	such approval, or, if no approval by local zoning authorities is
3283	required, such approval of residents adjacent to the proposed
3284	cemetery as the licensing authority may require by rule.
3285	(d)  The licensing authority determines that the applicant
3286	has designated as general manager of the cemetery a person of
3287	integrity who has 3 years of cemetery management experience as
3288	defined by rule of the licensing authority and has the ability
3289	to operate a cemetery.
3290	(e)  Evidence satisfactory to the licensing authority that
3291	the applicant has fully developed not less than 2 acres for use
3292	as burial space, such development to include a paved road from a
3293	public roadway to the developed section.
3294	(f)  Regarding the cemetery land identified in the
3295	application, the applicant has recorded, and provides the
3296	licensing authority with a written attestation of such recording
3297	signed by a licensed Florida attorney, in the public records of
3298	real estate in the county in which the cemetery land is located,
3299	a notice which contains the following language:
3300
3301	NOTICE
3302
3303	The property described herein shall not be sold,
3304	conveyed, leased, mortgaged, or encumbered without the
3305	prior written approval of the Department of Financial
3306	Services, as provided in chapter 497, Florida
3307	Statutes.
3308
3309	Such notice shall be clearly printed in boldfaced type of not
3310	less than 10 points and may be included on the face of the deed
3311	of conveyance to the licensee or may be contained in a separate
3312	recorded instrument which contains a description of the
3313	property.
3314	(4)  ISSUANCE OF LICENSE.--There shall be issued a license
3315	to operate a cemetery company to any applicant who, within 12
3316	months after notice that a license may be issued, meets the
3317	criteria of subsection (3). The licensing authority may, for
3318	good cause shown, grant up to two extensions of the 12-month
3319	period within which the applicant must meet the criteria of
3320	subsection (3).
3321	Section 45.  Section 497.205, Florida Statutes, is
3322	renumbered as section 497.264, Florida Statutes, and amended to
3323	read:
3324	497.264 497.205  License not assignable or transferable.--
3325	(1)  A license issued to operate a cemetery pursuant to
3326	this chapter is not transferable or assignable, and a licensee
3327	may not develop or operate any cemetery authorized by this
3328	chapter at any location other than that contained in the
3329	application for the license.
3330	(2)  Any person or entity that seeks to purchase or
3331	otherwise acquire control of any cemetery licensed under this
3332	chapter shall first apply to the licensing authority and obtain
3333	approval of such purchase or change in control.
3334	(a)  The licensing authority may adopt rules establishing
3335	forms and procedures for such applications.
3336	(b)  The application shall state the name and address of
3337	the licensed cemetery to which the application relates.
3338	(c)  For applications by a natural person, the application
3339	shall state the applicant's name, residence address, address of
3340	principal office or place of employment, and social security
3341	number.
3342	(d)  For applications by an entity, the application shall
3343	state the applicant's name, address of principal place of
3344	business or headquarters offices, the names and titles of all
3345	officers of applicant, applicant's state of domicile and date of
3346	formation, and applicant's federal tax identification number.
3347	(e)  The application shall require such historical sketches
3348	and audited or unaudited financial statements concerning the
3349	applicant and each principal of the applicant as the licensing
3350	authority may require by rule.
3351	(f)  The applicant must have a net worth of $50,000, as
3352	attested to by a sworn statement signed by applicant if a
3353	natural person, otherwise by all officers of applicant. Such net
3354	worth must be continually maintained as a condition of licensure
3355	of the cemetery if the application is approved.
3356	(g)  The application shall include such description of the
3357	development plans the applicant has for the proposed cemetery as
3358	the licensing authority may require by rule.
3359	(h)  The application shall require the applicant to
3360	disclose whether the applicant or any principal of the applicant
3361	has ever been convicted or found guilty of, or entered a plea of
3362	nolo contendere to, regardless of adjudication, any crime in any
3363	jurisdiction. The licensing authority may require by rule
3364	additional information to be provided concerning any affirmative
3365	answers.
3366	(i)  The application shall require the applicant to
3367	disclose whether the applicant or any principal of the applicant
3368	has ever had a license or the authority to practice a profession
3369	or occupation refused, suspended, fined, denied, or otherwise
3370	acted against or disciplined by the licensing authority of any
3371	jurisdiction. The licensing authority may require by rule
3372	additional information to be provided concerning any affirmative
3373	answers. A licensing authority's acceptance of a relinquishment
3374	of licensure, stipulation, consent order, or other settlement,
3375	offered in response to or in anticipation of the filing of
3376	charges against the license, shall be construed as an action
3377	against the license. The licensing authority may require by rule
3378	additional information to be provided concerning any affirmative
3379	answers.
3380	(j)  The application shall require the applicant and
3381	applicant's principals to provide fingerprints in accordance
3382	with part I of this chapter.
3383	(k)  The applicant shall demonstrate by clear and
3384	convincing evidence that the applicant has the ability,
3385	experience, financial stability, and integrity to operate a
3386	cemetery and, if the applicant is an entity, that the
3387	applicant's principals are of good character.
3388	(l)  The application shall be signed by the applicant if a
3389	natural person, otherwise by the president of the applicant.
3390	(m)  The application shall be accompanied by a
3391	nonrefundable application fee of $5,000; provided, the fee shall
3392	be $500 if the application is in regards to a change in
3393	ownership that will not be accompanied by any change in ultimate
3394	control.
3395	(n)  The licensing authority may establish by rule
3396	requirements for the appearance before the licensing authority
3397	of the applicant and the applicant's principals to stand for
3398	oral interview by the licensing authority at a public licensing
3399	authority meeting before the application shall be deemed
3400	complete.
3401	(o)  A completed application shall be approved if the
3402	requirements of this section are met.
3403	(2)  Any person who seeks to purchase or acquire control of
3404	an existing licensed cemetery shall first apply to the board for
3405	approval of the proposed change of ownership. The application
3406	shall contain the name and address of the proposed new owner, a
3407	financial statement signed by all officers of the company
3408	attesting to a net worth of at least $50,000, and other
3409	information required by the board. The board may approve a
3410	change of ownership only after it has conducted an investigation
3411	of the applicant and determined that the proposed new owner is
3412	qualified by character, experience, and financial responsibility
3413	to control and operate the cemetery in a legal and proper
3414	manner. The department may examine the records of the cemetery
3415	company as part of the investigation in accordance with this
3416	chapter. The application shall be accompanied by an
3417	investigation fee of $5,000. Upon consummation of the purchase
3418	or acquisition of control and upon receipt of all documents
3419	required by the board, the department shall issue the new
3420	license for that cemetery effective on the date of that purchase
3421	or acquisition of control.
3422	Section 46.  Section 497.213, Florida Statutes, is
3423	renumbered as section 497.265, Florida Statutes, and amended to
3424	read:
3425	497.265 497.213  Annual license fees.--
3426	(1)  The department shall collect from each cemetery
3427	company operating under the provisions of this chapter an annual
3428	license fee as follows:
3429	(a)  For a cemetery with less than $25,000 annual gross
3430	sales......................................................$250.
3431	(b)  For a cemetery with at least $25,000 but less than
3432	$100,000 annual gross sales................................$350.
3433	(c)  For a cemetery with annual gross sales of at least
3434	$100,000 but less than $250,000............................$600.
3435	(d)  For a cemetery with annual gross sales of at least
3436	$250,000 but less than $500,000............................$900.
3437	(e)  For a cemetery with annual gross sales of at least
3438	$500,000 but less than $750,000..........................$1,350.
3439	(f)  For a cemetery with annual gross sales of at least
3440	$750,000 but less than $1 million........................$2,250.
3441	(g)  For a cemetery with annual gross sales of at least $1
3442	million but less than $5 million.........................$3,250.
3443	(h)  For a cemetery with annual gross sales of $5 million
3444	or
3445	more.....................................................$4,900.
3446	(2)  An application for license renewal shall be submitted,
3447	along with the applicable license fee, on or before December 31
3448	each year in the case of an existing cemetery company and before
3449	any sale of cemetery property in the case of a new cemetery
3450	company or a change of ownership or control pursuant to s.
3451	497.264 ss. 497.205 and 497.209. If the renewal application and
3452	fee are not received by December 31, the department shall
3453	collect a penalty in the amount of $200 per month or fraction of
3454	a month for each month delinquent. For the purposes of this
3455	subsection, a renewal application and fee submitted by mail
3456	shall be considered timely submitted and received if postmarked
3457	by December 31 of the applicable year.
3458	Section 47.  Section 497.237, Florida Statutes, is
3459	renumbered as section 497.266, Florida Statutes, and amended to
3460	read:
3461	497.266 497.237  Care and maintenance trust fund; remedy of
3462	department for noncompliance.--
3463	(1)  No cemetery company may establish a cemetery, or
3464	operate a cemetery if already established, without providing for
3465	the future care and maintenance of the cemetery, for which a
3466	care and maintenance trust fund shall be established, to be
3467	known as "the care and maintenance trust fund of _____." The
3468	trust fund shall be established with a trust company operating
3469	pursuant to chapter 660, with a state or national bank holding
3470	trust powers, or with a federal or state savings and loan
3471	association holding trust powers. Trust funds which are with a
3472	state or national bank or savings and loan association licensed
3473	in this state on October 1, 1993, shall remain in force;
3474	however, when the amount of any such trust fund exceeds the
3475	amount that is insured by an agency of the Federal Government,
3476	the cemetery company shall transfer that trust fund to a trust
3477	company operating pursuant to chapter 660, to a state or
3478	national bank holding trust powers, or to a federal or state
3479	savings and loan association holding trust powers.
3480	(2)  The cemetery company may appoint a person to advise
3481	the trustee in the investment of the trust fund. The licensing
3482	authority board must approve the appointment of the initial
3483	trustee, and any subsequent changes of the trustee shall also be
3484	approved by the licensing authority, pursuant to procedures and
3485	utilizing forms as specified by rule board. If a cemetery
3486	company refuses or otherwise fails to provide or maintain an
3487	adequate care and maintenance trust fund in accordance with the
3488	provisions of this chapter, the licensing authority board, after
3489	reasonable notice, shall enforce compliance. However, a
3490	nonprofit cemetery corporation which has been incorporated and
3491	engaged in the cemetery business prior to and continuously since
3492	1915 and which has current trust assets exceeding $2 million is
3493	not required to designate a corporate trustee. The trust fund
3494	agreement shall specify the following: the name, location, and
3495	address of both the licensee and the trustee, the terms and
3496	conditions of the trust, a statement that the trust is
3497	established pursuant to ss. 497.266 and 497.268, and showing the
3498	date of agreement, together with the percentages required to be
3499	deposited pursuant to this chapter.
3500	(3)  No person may withdraw or transfer any portion of the
3501	corpus of the care and maintenance trust fund without first
3502	obtaining written consent from the licensing authority board.
3503	Funds deposited pursuant to this chapter may not be loaned to
3504	any cemetery company or person who is directly or indirectly
3505	engaged in the burial, funeral home, or cemetery business.
3506	(4)  The trustee of the trust established pursuant to this
3507	section may only invest in investments and loan trust funds, as
3508	prescribed in s. 497.458 497.417. The trustee shall take title
3509	to the property conveyed to the trust for the purposes of
3510	investing, protecting, and conserving it for the cemetery
3511	company; collecting income; and distributing the principal and
3512	income as prescribed in this chapter. The cemetery company is
3513	prohibited from sharing in the discharge of the trustee's
3514	responsibilities under this subsection, except that the cemetery
3515	company may request the trustee to invest in tax-free
3516	investments.
3517	Section 48.  Section 497.241, Florida Statutes, is
3518	renumbered as section 497.267, Florida Statutes, to read:
3519	497.267 497.241  Disposition of income of care and
3520	maintenance trust fund; notice to purchasers and
3521	depositors.--The net income of the care and maintenance trust
3522	The net income of the care and maintenance trust fund shall be
3523	used solely for the care and maintenance of the cemetery,
3524	including maintenance of monuments, which maintenance shall not
3525	be deemed to include the cleaning, refinishing, repairing, or
3526	replacement of monuments; for reasonable costs of administering
3527	the care and maintenance; and for reasonable costs of
3528	administering the trust fund. At the time of making a sale or
3529	receiving an initial deposit, the cemetery company shall deliver
3530	to the person to whom the sale is made, or who makes a deposit,
3531	a written instrument which shall specifically state the purposes
3532	for which the income of the trust fund shall be used.
3533	Section 49.  Section 497.245, Florida Statutes, is
3534	renumbered as section 497.268, Florida Statutes, to read:
3535	497.268 497.245  Care and maintenance trust fund,
3536	percentage of payments for burial rights to be deposited.--
3537	(1)  Each cemetery company shall set aside and deposit in
3538	its care and maintenance trust fund the following percentages or
3539	amounts for all sums received from sales of burial rights:
3540	(a)  For burial rights, 10 percent of all payments
3541	received; however, for sales made after September 30, 1993, no
3542	deposit shall be less than $25 per grave. For each burial right
3543	which is provided without charge, the deposit to the fund shall
3544	be $25.
3545	(b)  For mausoleums or columbaria, 10 percent of payments
3546	received.
3547	(c)  For general endowments for the care and maintenance of
3548	the cemetery, the full amount of sums received when received.
3549	(d)  For special endowments for a specific lot or grave or
3550	a family mausoleum, memorial, marker, or monument, the cemetery
3551	company may set aside the full amount received for this
3552	individual special care in a separate trust fund or by a deposit
3553	to a savings account in a bank or savings and loan association
3554	located within and authorized to do business in the state;
3555	however, if the licensee does not set up a separate trust fund
3556	or savings account for the special endowment, the full amount
3557	thereof shall be deposited into the care and maintenance trust
3558	fund as required of general endowments.
3559	(2)  Deposits to the care and maintenance trust fund shall
3560	be made by the cemetery company not later than 30 days following
3561	the close of the calendar month in which any payment was
3562	received; however, when such payments are received in
3563	installments, the percentage of the installment payment placed
3564	in trust must be identical to the percentage which the payment
3565	received bears to the total cost for the burial rights. Trust
3566	income may be used to pay for all usual and customary services
3567	for the operation of a trust account, including, but not limited
3568	to: reasonable trustee and custodian fees, investment adviser
3569	fees, allocation fees, and taxes. If the net income is not
3570	sufficient to pay the fees and other expenses, the fees and
3571	other expenses shall be paid by the cemetery company. Capital
3572	gains taxes shall be paid from the corpus.
3573	(3)  Any payments made to the care and maintenance trust
3574	fund on contracts which are canceled shall be credited against
3575	future obligations to the care and maintenance trust fund,
3576	provided they have been refunded to the purchaser.
3577	(4)  When a cemetery which is exempt from the provisions of
3578	this chapter changes ownership so as to lose its exempt status,
3579	it shall establish and maintain a care and maintenance trust
3580	fund pursuant to this chapter. The initial deposit for
3581	establishment of this trust fund shall be $25 per space for all
3582	spaces either previously sold or contracted for sale in the
3583	cemetery at the time of conversion or $50,000, whichever is
3584	greater.
3585	(5)  In each sales contract, reservation, or agreement
3586	wherein burial rights are priced separately, the purchase price
3587	of the burial rights shall be the only item subject to care and
3588	maintenance trust fund deposits; but if the burial rights are
3589	not priced separately, the full amount of the contract,
3590	reservation, or agreement shall be subject to care and
3591	maintenance trust fund deposits as provided in this section,
3592	unless the purchase price of the burial rights can be determined
3593	from the accounting records of the cemetery company.
3594	(6)  If an installment contract or promissory note for the
3595	purchase of a burial space is sold or discounted to a third
3596	party, the entire amount due the care and maintenance trust fund
3597	shall be payable no later than 30 days following the close of
3598	the calendar month in which the contract was sold or discounted.
3599	Section 50.  Section 497.249, Florida Statutes, is
3600	renumbered as section 497.269, Florida Statutes, and amended to
3601	read:
3602	497.269 497.249  Care and maintenance trust fund; financial
3603	reports.--On or before April 1 of each year, the trustee shall
3604	furnish adequate financial reports with respect to the care and
3605	maintenance trust fund utilizing forms and procedures specified
3606	by rule on forms provided by the department. However, the
3607	department may require the trustee to make such additional
3608	financial reports as it deems necessary. In order to ensure that
3609	the proper deposits to the trust fund have been made, the
3610	department shall examine the status of the trust fund of the
3611	company on a semiannual basis for the first 2 years of the trust
3612	fund's existence.
3613	Section 51.  Section 497.253, Florida Statutes, is
3614	renumbered as section 497.270, Florida Statutes, and amended to
3615	read:
3616	497.270 497.253  Minimum acreage; sale or disposition of
3617	cemetery lands.--
3618	(1)  No land in a licensed cemetery may be sold, mortgaged,
3619	leased, or encumbered without prior approval of the licensing
3620	authority pursuant to procedures specified by rule. Such
3621	approval shall not be given unless it be shown that such
3622	approval would be in the public interest. The licensing
3623	authority may adopt rules establishing criteria for approval of
3624	the sale, mortgaging, leasing, or encumbering of cemetery land.
3625	Each licensee shall set aside a minimum of 30 contiguous acres
3626	of land for use by the licensee as a cemetery and shall not
3627	sell, mortgage, lease, or encumber that property without prior
3628	written approval of the department.
3629	(2)  Any lands owned by a licensee and dedicated for use by
3630	it as a cemetery, which are in excess of a contiguous,
3631	adjoining, or adjacent to the minimum of 30 contiguous acres
3632	described in subsection (1), may be sold, conveyed, or disposed
3633	of by the licensee, after obtaining written approval pursuant to
3634	procedures and utilizing forms specified by rule and consistent
3635	with of the department pursuant to subsection (3), for use by
3636	the new owner for other purposes than as a cemetery. All of the
3637	human remains which have been previously interred therein shall
3638	first have been removed from the lands proposed to be sold,
3639	conveyed, or disposed of; however, the provisions of ss. 497.384
3640	and 497.152(8)(e) 470.0295 and 497.515(7) must be complied with
3641	prior to any disinterment of human remains. Any and all titles,
3642	interests, or burial rights which may have been sold or
3643	contracted to be sold in lands which are the subject of the sale
3644	shall be conveyed to and revested in the licensee prior to
3645	consummation of any such sale, conveyance, or disposition.
3646	(3)(a)  If the property to be sold, conveyed, or disposed
3647	of under subsection (2) has been or is being used for the
3648	permanent interment of human remains, the applicant for approval
3649	of such sale, conveyance, or disposition shall cause to be
3650	published, at least once a week for 4 consecutive weeks, a
3651	notice meeting the standards of publication set forth in s.
3652	125.66(4)(b)2. The notice shall describe the property in
3653	question and the proposed noncemetery use and shall advise
3654	substantially affected persons that they may file a written
3655	request for a hearing pursuant to chapter 120, within 14 days
3656	after the date of last publication of the notice, with the
3657	department if they object to granting the applicant's request to
3658	sell, convey, or dispose of the subject property for noncemetery
3659	uses.
3660	(b)  If the property in question has never been used for
3661	the permanent interment of human remains, no notice or hearing
3662	is required.
3663	(c)  If the property in question has been used for the
3664	permanent interment of human remains, the department shall
3665	approve the application, in writing, if it finds that it would
3666	not be contrary to the public interest. In determining whether
3667	to approve the application, the department shall consider any
3668	evidence presented concerning the following:
3669	1.  The historical significance of the subject property, if
3670	any.
3671	2.  The archaeological significance of the subject
3672	property, if any.
3673	3.  The public purpose, if any, to be served by the
3674	proposed use of the subject property.
3675	4.  The impact of the proposed change in use of the subject
3676	property upon the reasonable expectations of the families of the
3677	deceased regarding whether the cemetery property was to remain
3678	as a cemetery in perpetuity.
3679	5.  Whether any living relatives of the deceased actively
3680	oppose the relocation of their deceased's remains and the
3681	conversion of the subject property to noncemetery uses.
3682	6.  The elapsed time since the last interment in the
3683	subject property.
3684	7.  Any other factor enumerated in this chapter that the
3685	department considers relevant to the public interest.
3686	(d)  Any deed, mortgage, or other conveyance by a cemetery
3687	company or other owner pursuant to subsections (a) and (c) above
3688	must contain a disclosure in the following or substantially
3689	similar form:
3690
3691	NOTICE: The property described herein was formerly used and
3692	dedicated as a cemetery. Conveyance of this property and its use
3693	for noncemetery purposes was authorized by the Florida
3694	Department of Financial Services by Order No. _____, dated
3695	_____.
3696
3697	(e)  The department shall adopt such rules as are necessary
3698	to carry out the provisions of this section.
3699	(4)  A licensee may convey and transfer to a municipality
3700	or county its real and personal property, together with moneys
3701	deposited in trust funds pursuant to this chapter, provided the
3702	municipality or county will accept responsibility for
3703	maintenance thereof and prior written approval of the department
3704	is obtained.
3705	(5)  The provisions of subsections (1) and (2) relating to
3706	a requirement for minimum acreage shall not apply to any
3707	cemetery company licensed by the department on or before July 1,
3708	2001, which owns a total of less than 30 acres of land; however,
3709	no cemetery company shall dispose of any land without the prior
3710	written consent of the department.
3711	Section 52.  Section 497.255, Florida Statutes, is
3712	renumbered as section 497.271, Florida Statutes, and amended to
3713	read:
3714	497.271 497.255  Standards for construction and significant
3715	alteration or renovation of mausoleums and columbaria.--
3716	(1)  All newly constructed and significantly altered or
3717	renovated mausoleums and columbaria must, in addition to
3718	complying with applicable building codes, conform to the
3719	standards adopted under this section.
3720	(2)  The licensing authority board shall adopt, by no later
3721	than July 1, 1999, rules establishing minimum standards for all
3722	newly constructed and significantly altered or renovated
3723	mausoleums and columbaria; however, in the case of significant
3724	alterations or renovations to existing structures, the rules
3725	shall apply only, when physically feasible, to the newly altered
3726	or renovated portion of such structures, except as specified in
3727	subsection (4). In developing and adopting such promulgating
3728	said rules, the licensing authority board may define different
3729	classes of structures or construction standards, and may provide
3730	for different rules to apply to each of said classes, if the
3731	designation of classes and the application of different rules is
3732	in the public interest and is supported by findings by the
3733	licensing authority board based on evidence of industry
3734	practices, economic and physical feasibility, location, or
3735	intended uses; provided, that the rules shall provide minimum
3736	standards applicable to all construction. For example, and
3737	without limiting the generality of the foregoing, the licensing
3738	authority board may determine that a small single-story ground
3739	level mausoleum does not require the same level of construction
3740	standards that a large multistory mausoleum might require; or
3741	that a mausoleum located in a low-lying area subject to frequent
3742	flooding or hurricane threats might require different standards
3743	than one located on high ground in an area not subject to
3744	frequent severe weather threats. The licensing authority board
3745	shall develop the rules in cooperation with, and with technical
3746	assistance from, the Florida Building Commission of the
3747	Department of Community Affairs, to ensure that the rules are in
3748	the proper form and content to be included as part of the State
3749	Minimum Building Codes under part VII of chapter 553. If the
3750	Florida Building Commission advises that some of the standards
3751	proposed by the licensing authority board are not appropriate
3752	for inclusion in such building codes, the licensing authority
3753	board may choose to include those standards in a distinct
3754	chapter of its rules entitled "Non-Building-Code Standards for
3755	Mausoleums" or "Additional Standards for Mausoleums," or other
3756	terminology to that effect. If the licensing authority board
3757	elects to divide the standards into two or more chapters, all
3758	such rules shall be binding on licensees and others subject to
3759	the jurisdiction of the licensing authority board, but only the
3760	chapter containing provisions appropriate for building codes
3761	shall be transmitted to the Florida Building Commission pursuant
3762	to subsection (3). Such rules may be in the form of standards
3763	for design and construction; methods, materials, and
3764	specifications for construction; or other mechanisms. Such rules
3765	shall encompass, at a minimum, the following standards:
3766	(a)  No structure may be built or significantly altered for
3767	use for interment, entombment, or inurnment purposes unless
3768	constructed of such material and workmanship as will ensure its
3769	durability and permanence, as well as the safety, convenience,
3770	comfort, and health of the community in which it is located, as
3771	dictated and determined at the time by modern mausoleum
3772	construction and engineering science.
3773	(b)  Such structure must be so arranged that the exterior
3774	of any vault, niche, or crypt may be readily examined at any
3775	time by any person authorized by law to do so.
3776	(c)  Such structure must contain adequate provision for
3777	drainage and ventilation.
3778	(d)  Such structure must be of fire-resistant construction.
3779	Notwithstanding the requirements of s. 553.895 and chapter 633,
3780	any mausoleum or columbarium constructed of noncombustible
3781	materials, as defined in the Standard Building Code, shall not
3782	require a sprinkler system.
3783	(e)  Such structure must be resistant to hurricane and
3784	other storm damage to the highest degree provided under
3785	applicable building codes for buildings of that class.
3786	(f)  Suitable provisions must be made for securely and
3787	permanently sealing each crypt with durable materials after the
3788	interment or entombment of human remains, so that no effluvia or
3789	odors may escape therefrom except as provided by design and
3790	sanitary engineering standards. Panels for permanent seals must
3791	be solid and constructed of materials of sufficient weight,
3792	permanence, density, imperviousness, and strength as to ensure
3793	their durability and continued functioning. Permanent crypt
3794	sealing panels must be securely installed and set in with high
3795	quality fire-resistant, resilient, and durable materials after
3796	the interment or entombment of human remains. The outer or
3797	exposed covering of each crypt must be of a durable, permanent,
3798	fire-resistant material; however, plastic, fiberglass, and wood
3799	are not acceptable materials for such outer or exposed
3800	coverings.
3801	(g)  Interior and exterior fastenings for hangers, clips,
3802	doors, and other objects must be of copper, copper-base alloy,
3803	aluminum, or stainless steel of adequate gauges, or other
3804	materials established by rule which provide equivalent or better
3805	strength and durability, and must be properly installed.
3806	(3)  The licensing authority board shall transmit the rules
3807	as adopted under subsection (2), hereinafter referred to as the
3808	"mausoleum standards," to the Florida Building Commission, which
3809	shall initiate rulemaking under chapter 120 to consider such
3810	mausoleum standards. If such mausoleum standards are not deemed
3811	acceptable, they shall be returned by the Florida Building
3812	Commission to the licensing authority board with details of
3813	changes needed to make them acceptable. If such mausoleum
3814	standards are acceptable, the Florida Building Commission shall
3815	adopt a rule designating the mausoleum standards as an approved
3816	revision to the State Minimum Building Codes under part VII of
3817	chapter 553. When so designated by the Florida Building
3818	Commission, such mausoleum standards shall become a required
3819	element of the State Minimum Building Codes under s. 553.73(2)
3820	and shall be transmitted to each local enforcement agency, as
3821	defined in s. 553.71(5). Such local enforcement agency shall
3822	consider and inspect for compliance with such mausoleum
3823	standards as if they were part of the local building code, but
3824	shall have no continuing duty to inspect after final approval of
3825	the construction pursuant to the local building code. Any
3826	further amendments to the mausoleum standards shall be
3827	accomplished by the same procedure. Such designated mausoleum
3828	standards, as from time to time amended, shall be a part of the
3829	State Minimum Building Codes under s. 553.73 until the adoption
3830	and effective date of a new statewide uniform minimum building
3831	code, which may supersede the mausoleum standards as provided by
3832	the law enacting the new statewide uniform minimum building
3833	code.
3834	(4)  In addition to the rules adopted under subsection (2),
3835	the licensing authority board shall adopt rules providing that
3836	following all interments, inurnments, and entombments in
3837	mausoleums and columbaria occurring after the effective date of
3838	such rules, whether newly constructed or existing, suitable
3839	provision must be made, when physically feasible, for sealing
3840	each crypt in accordance with standards adopted promulgated
3841	pursuant to paragraph (2)(f).
3842	(5)  For purposes of this section, "significant alteration
3843	or renovation" means any addition, renovation, or repair which
3844	results in the creation of new crypt or niche spaces.
3845	Section 53.  Section 497.257, Florida Statutes, is
3846	renumbered as section 497.272, Florida Statutes, and amended to
3847	read:
3848	497.272 497.257  Construction of mausoleums, columbaria,
3849	and belowground crypts; preconstruction trust fund; compliance
3850	requirement.--
3851	(1)  A cemetery company shall start construction of that
3852	section of a mausoleum, columbarium, or bank of belowground
3853	crypts in which sales, contracts for sales, reservations for
3854	sales, or agreements for sales are being made within 4 years
3855	after the date of the first such sale or 50 percent of the
3856	mausoleum, columbarium, or belowground crypts have been sold and
3857	the purchase price has been received, whichever occurs first.
3858	The construction shall be completed within 5 years after the
3859	date of the first sale made. However, extensions for completion,
3860	not to exceed 1 year, may be granted by the department for good
3861	cause shown. If the units have not been completely constructed
3862	at the time of need or the time specified herein, all moneys
3863	paid shall be refunded upon request, plus interest earned
3864	thereon for that portion of the moneys deposited in the trust
3865	fund and an amount equal to the interest that would have been
3866	earned on that portion of the moneys that were not in trust.
3867	(2)  A cemetery company which plans to offer for sale space
3868	in a section of a mausoleum, columbarium, or bank of belowground
3869	crypts prior to construction shall establish a preconstruction
3870	trust fund by written instrument. The preconstruction trust fund
3871	shall be administered by a corporate trustee and operated in
3872	conformity with s. 497.458 497.417. The preconstruction trust
3873	fund shall be separate from any other trust funds that may be
3874	required by this chapter. The written instrument by which the
3875	trustee of the preconstruction trust fund agrees to act as
3876	trustee shall contain a statement that the trust is created
3877	pursuant to the requirements of this section. The trust shall be
3878	subject to examination by the licensing authority.
3879	(3)  Before a sale, contract for sale, reservation for
3880	sale, or agreement for sale in a mausoleum section, columbarium,
3881	or bank of belowground crypts may be made, the cemetery company
3882	shall compute the amount to be deposited to the preconstruction
3883	trust fund. The total amount to be deposited in the fund for
3884	each unit of the project shall be computed by dividing the cost
3885	of the project plus 10 percent of the cost, as computed by a
3886	licensed contractor, engineer, or architect, by the number of
3887	crypts in the section or bank of belowground crypts or the
3888	number of niches in the columbarium. When payments are received
3889	in installments, the percentage of the installment payment
3890	placed in trust must be identical to the percentage which the
3891	payment received bears to the total cost of the contract,
3892	including other merchandise and services purchased.
3893	Preconstruction trust fund payments shall be made within 30 days
3894	after the end of the month in which payment is received.
3895	(4)  When the cemetery company delivers a completed crypt
3896	or niche acceptable to the purchaser in lieu of the crypt or
3897	niche purchased prior to construction, all sums deposited to the
3898	preconstruction trust fund for that purchaser shall be paid to
3899	the cemetery company.
3900	(5)  Each cemetery company may negotiate, at the time of
3901	establishment of the preconstruction trust fund, a procedure for
3902	withdrawal of the escrowed funds as a part of the construction
3903	cost of the mausoleum section, columbarium, or bank of
3904	belowground crypts contemplated, subject to the approval of the
3905	department. Upon completion of the mausoleum section,
3906	columbarium, or bank of belowground crypts, the cemetery company
3907	shall certify completion to the trustee and shall be entitled to
3908	withdraw all funds deposited to the account thereof.
3909	(6)  If the mausoleum section, columbarium, or bank of
3910	belowground crypts is not completed within the time limits set
3911	out in this section, the trustee shall contract for and cause
3912	the project to be completed and pay therefor from the trust
3913	funds deposited to the project's account paying any balance,
3914	less cost and expenses, to the cemetery company. The refund
3915	provisions of subsection (1) apply only to the extent there are
3916	funds remaining in excess of the costs to complete the
3917	facilities, prior to any payments to the cemetery company.
3918	(7)  On or before April 1 of each year, the trustee shall
3919	file with the licensing authority board in the form prescribed
3920	by rule the board a full and true statement as to the activities
3921	of any trust established by the board pursuant to this chapter
3922	for the preceding calendar year.
3923	(8)  In lieu of the payments outlined hereunder to the
3924	preconstruction trust fund, the cemetery company may deliver to
3925	the department a performance bond in an amount and by a surety
3926	company acceptable to the department.
3927	Section 54.  Section 497.305, Florida Statutes, is
3928	renumbered as section 497.273, Florida Statutes, and amended to
3929	read:
3930	497.273 497.305  Cemetery companies; authorized
3931	functions.--
3932	(1)  Within the boundaries of the cemetery lands it owns, a
3933	cemetery company may perform the following functions:
3934	(a)  The exclusive care and maintenance of the cemetery.
3935	(b)  The exclusive interment, entombment, or inurnment of
3936	human remains, including the exclusive right to open, prepare
3937	for interment, and close all ground, mausoleum, and urn burials.
3938	Each preneed contract for burial rights or services shall
3939	disclose, pursuant to licensing authority board rule, whether
3940	opening and closing of the burial space is included in the
3941	contract and, if not, the current prices for opening and closing
3942	and a statement that these prices are subject to change. Each
3943	cemetery which sells preneed contracts must offer opening and
3944	closing as part of a preneed contract.
3945	(c)  The exclusive initial preneed and at-need sale of
3946	interment or burial rights in earth, mausoleum, crypt, niche, or
3947	columbarium interment; however, nothing herein shall limit the
3948	right of a person owning interment or burial rights to sell
3949	those rights to third parties subject to the transfer of title
3950	by the cemetery company.
3951	(d)  The adoption of bylaws regulating the activities
3952	conducted within its boundaries, provided that no funeral
3953	director licensed pursuant to this chapter 470 shall be denied
3954	access to any cemetery to conduct a funeral for or supervise a
3955	disinterment of human remains. All bylaws provided for herein
3956	shall be subject to the approval of the licensing authority
3957	board under the provisions of chapter 120 prior to becoming
3958	effective. The licensing authority board shall not approve any
3959	bylaw which unreasonably restricts the use of interment or
3960	burial rights, which unreasonably restricts competition, or
3961	which unreasonably increases the cost to the owner of interment
3962	or burial rights in utilizing these rights.
3963	(e)  The nonexclusive preneed and at-need sale of
3964	monuments, memorials, markers, burial vaults, urns, flower
3965	vases, floral arrangements, and other similar merchandise for
3966	use within the cemetery.
3967	(f)  The nonexclusive cremation of human remains, subject
3968	to provisions of s. 497.606 470.025.
3969	(g)  The entry into sales or management contracts with
3970	other persons. The cemetery company shall be responsible for the
3971	deposit of all moneys required by this part to be placed in a
3972	trust fund.
3973	(2)  A full disclosure shall be made for all fees required
3974	for interment, entombment, or inurnment of human remains.
3975	(3)  A cemetery company may adopt bylaws establishing
3976	minimum standards for burial merchandise or the installation
3977	thereof. Such bylaws shall include minimum standards for access
3978	to install burial merchandise. A cemetery company must comply
3979	with its adopted bylaws.
3980	Section 55.  Section 497.274, Florida Statutes, is created
3981	to read:
3982	497.274  Standards for grave spaces.--
3983	(1)  A standard adult grave space shall measure at least 42
3984	inches in width and 96 inches in length, except for preinstalled
3985	vaults in designated areas. For interments, except cremated
3986	remains, the covering soil shall measure no less than 12 inches
3987	from the top of the outer burial container at the time of
3988	interment, unless such level of soil is not physically possible.
3989	In any interment, the family or next of kin may waive the 12-
3990	inch coverage minimum.
3991	(2)(a)  Prior to the sale of grave spaces in any
3992	undeveloped areas of a licensed cemetery, the cemetery company
3993	shall prepare a map documenting the establishment of recoverable
3994	internal survey reference markers installed by the cemetery
3995	company no more than 100 feet apart in the areas planned for
3996	development. The internal reference markers shall be established
3997	with reference to survey markers that are no more than 200 feet
3998	apart which have been set by a surveyor and mapper licensed
3999	under chapter 472 and documented in a certified land survey.
4000	Both the map and the certified land survey shall be maintained
4001	by the cemetery company and shall be made available upon request
4002	to the department or members of the public.
4003	(b)  The map of the area proposed to be developed shall
4004	show:
4005	1.  The number of grave spaces available for sale.
4006	2.  The location of each grave space.
4007	3.  The number designation assigned to each grave space.
4008	4.  The dimensions of a standard adult grave space.
4009	(3)  Adult grave spaces established prior to October 1,
4010	2005, are not required to meet the standards established under
4011	this section for the dimensions or separation of grave spaces.
4012	Section 56.  Section 497.275, Florida Statutes, is created
4013	to read:
4014	497.275  Identification of human remains in licensed
4015	cemeteries.--On and after October 1, 2005, human remains
4016	interred, entombed, or otherwise placed for final rest at
4017	licensed cemeteries shall be identified as follows:
4018	(1)  Each licensed cemetery shall place on the outer burial
4019	container, cremation interment container, or other container, or
4020	on the inside of a crypt or niche, a tag or a permanent
4021	identifying marker containing the name of the decedent and the
4022	date of death, if available. The materials and location of the
4023	tag or marker shall be more specifically described by rule.
4024	(2)  Each licensed cemetery may rely entirely on the
4025	identity stated on the burial transit permit or on the
4026	identification supplied by a person licensed under part III of
4027	this chapter to establish the identity of the dead human remains
4028	delivered by such person for burial and shall not be liable for
4029	any differences between the identity shown on the burial transit
4030	permit or other identification and the actual identity of the
4031	dead human remains delivered by such person and buried in the
4032	cemetery.
4033	Section 57.  Section 497.309, Florida Statutes, is
4034	renumbered as section 497.276, Florida Statutes, and amended to
4035	read:
4036	497.276 497.309  Records.--
4037	(1)  A record shall be kept of every burial in the cemetery
4038	of a cemetery company, showing the date of burial and the name
4039	of the person buried, together with lot, plot, and space in
4040	which the burial was made. All financial records of the cemetery
4041	company shall be available at its principal place of business in
4042	this state and shall be readily available at all reasonable
4043	times for examination by the department.
4044	(2)  Notwithstanding the provisions of subsection (1), the
4045	licensing authority board may, upon request, authorize a
4046	cemetery company to maintain its financial records at a location
4047	other than its principal place of business and may, if
4048	necessary, require the company to make its books, accounts,
4049	records, and documents available at a reasonable and convenient
4050	location in this state.
4051	(3)  The licensing authority board may prescribe by rule
4052	the minimum information to be shown in the books, accounts,
4053	records, and documents of a cemetery company to enable the
4054	department to determine the company's compliance with this
4055	chapter, and may prescribe financial statements that shall be
4056	prepared annually by licensed cemetery companies.
4057	Section 58.  Section 497.313, Florida Statutes, is
4058	renumbered as section 497.277, Florida Statutes, to read:
4059	497.277 497.313  Other charges.--Other than the fees for
4060	the sale of burial rights, burial merchandise, and burial
4061	services, no other fee may be directly or indirectly charged,
4062	contracted for, or received by a cemetery company as a condition
4063	for a customer to use any burial right, burial merchandise, or
4064	burial service, except for:
4065	(1)  Charges paid for opening and closing a grave and vault
4066	installation.
4067	(2)  Charges paid for transferring burial rights from one
4068	purchaser to another; however, no such fee may exceed $50.
4069	(3)  Charges for sales, documentary excise, and other taxes
4070	actually and necessarily paid to a public official, which
4071	charges must be supported in fact.
4072	(4)  Charges for credit life and credit disability
4073	insurance, as requested by the purchaser, the premiums for which
4074	may not exceed the applicable premiums chargeable in accordance
4075	with the rates filed with the Office of Insurance Regulation of
4076	the Financial Services Commission.
4077	(5)  Charges for interest on unpaid balances pursuant to
4078	chapter 687.
4079	Section 59.  Section 497.317, Florida Statutes, is
4080	renumbered as section 497.278, Florida Statutes, to read:
4081	497.278 497.317  Monuments; installation fees.--
4082	(1)  No cemetery company may charge a fee for the
4083	installation of a monument purchased or obtained from and to be
4084	installed by a person or firm other than the cemetery company or
4085	its agents.
4086	(2)  To verify that a monument is installed on the proper
4087	grave in accordance with cemetery bylaws, rules, or regulations,
4088	the cemetery company shall mark the place on the grave where the
4089	marker or monument is to be installed and shall inspect the
4090	installation when completed. Nothing in this subsection is
4091	intended to imply or require that a cemetery company shall have
4092	to lay out or engineer a grave site or grave sites for the
4093	installation of a marker or monument.
4094	(3)  A cemetery company may not require any person or firm
4095	that installs, places, or sets a monument to obtain any form of
4096	insurance, bond, or surety or make any form of pledge, deposit,
4097	or monetary guarantee as a condition for entry on or access to
4098	cemetery property.
4099	Section 60.  Section 497.325, Florida Statutes, is
4100	renumbered as section 497.280, Florida Statutes, and amended to
4101	read:
4102	497.280 497.325  Illegal tying arrangements.--
4103	(1)  No person authorized to sell grave space may tie the
4104	purchase of any grave space to the purchase of a monument from
4105	or through the seller of any other designated person or
4106	corporation.
4107	(2)(a)  Noncemetery licensed persons and firms shall have
4108	the right to sell monuments and to perform or provide on
4109	cemetery property foundation, preparation, and installation
4110	services for monuments. However, a cemetery company or any other
4111	entity owning and operating a cemetery may establish reasonable
4112	rules regarding the style and size of a monument or its
4113	foundation, provided such rules are applicable to all monuments
4114	from whatever source obtained and are enforced uniformly as to
4115	all monuments. Such rules shall be conspicuously posted and
4116	readily accessible to inspection and copy by interested persons.
4117	(b)  No person who is authorized to sell grave space and no
4118	cemetery company or other entity owning and operating a cemetery
4119	may:
4120	1.  Require the payment of a setting or service charge, by
4121	whatever name known, from third party installers for the
4122	placement of a monument;
4123	2.  Refuse to provide care or maintenance for any portion
4124	of a gravesite on which a monument has been placed; or
4125	3.  Require waiver of Waive liability with respect to
4126	damage caused by cemetery employees or agents to a monument
4127	after installation,
4128
4129	where the monument or installation service is not purchased from
4130	the person authorized to sell grave space or the cemetery
4131	company providing grave space or from or through any other
4132	person or corporation designated by the person authorized to
4133	sell grave space or the cemetery company providing grave space.
4134	No cemetery company may be held liable for the improper
4135	installation of a monument where the monument is not installed
4136	by the cemetery company or its agents.
4137	(3)  No program offering free burial rights may be
4138	conditioned by any requirement to purchase additional burial
4139	rights, funeral merchandise, or services. Any program offering
4140	free burial rights shall comply with s. 817.415.
4141	Section 61.  Section 497.329, Florida Statutes, is
4142	renumbered as section 497.281, Florida Statutes, and amended to
4143	read:
4144	497.281 497.329  Licensure Registration of brokers of
4145	burial rights.--
4146	(1)  No person shall receive compensation to act as a third
4147	party to the sale or transfer of three or more burial rights in
4148	a 12-month period unless the person pays a license registration
4149	fee as determined by licensing authority rule but not to exceed
4150	$250 of $150 and is licensed registered with the department as a
4151	burial rights broker in accordance with this section.
4152	(2)  The department, by rule, shall provide for the
4153	biennial renewal of licenses under this section registrants and
4154	a renewal fee as determined by licensing authority rule but not
4155	to exceed $250 of $100.
4156	(3)  This section shall not apply to persons otherwise
4157	licensed or registered pursuant to this chapter.
4158	(4)  The licensing authority may by rule specify records of
4159	brokerage transactions which shall be required to be maintained
4160	by burial rights brokers licensed under this subsection, and
4161	which shall be subject to inspection by the department.
4162	Section 62.  Section 497.333, Florida Statutes, is
4163	renumbered as section 497.282, Florida Statutes, and amended to
4164	read:
4165	497.282 497.333  Disclosure of information to public.--A
4166	licensee offering to provide burial rights, merchandise, or
4167	services to the public shall:
4168	(1)  Provide by telephone, upon request, accurate
4169	information regarding the retail prices of burial merchandise
4170	and services offered for sale by the licensee.
4171	(2)  Fully disclose all regularly offered services and
4172	merchandise prior to the selection of burial services or
4173	merchandise. The full disclosure required shall identify the
4174	prices of all burial rights, services, and merchandise provided
4175	by the licensee.
4176	(3)  Not make any false or misleading statements of the
4177	legal requirement as to the necessity of a casket or outer
4178	burial container.
4179	(4)  Provide a good faith estimate of all fees and costs
4180	the customer will incur to use any burial rights, merchandise,
4181	or services purchased.
4182	(5)  Provide to the customer, upon request, a current copy
4183	of the bylaws of the licensee.
4184	(6)  Provide to the customer, upon the purchase of any
4185	burial right, merchandise, or service, a written contract, the
4186	form of which has been approved by the licensing authority
4187	pursuant to procedures specified by rule board.
4188	(a)  The written contract shall be completed as to all
4189	essential provisions prior to the signing of the contract by the
4190	customer.
4191	(b)  The written contract shall provide an itemization of
4192	the amounts charged for all services, merchandise, and fees,
4193	which itemization shall be clearly and conspicuously segregated
4194	from everything else on the written contract.
4195	(c)  A description of the merchandise covered by the
4196	contract to include, when applicable, model, manufacturer, and
4197	other relevant specifications.
4198	(7)  Provide the licensee's policy on cancellation and
4199	refunds to each customer.
4200	(8)  In a manner established by rule of the licensing
4201	authority board, provide on the signature page, clearly and
4202	conspicuously in boldfaced 10-point type or larger, the
4203	following:
4204	(a)  The words "purchase price."
4205	(b)  The amount to be trusted.
4206	(c)  The amount to be refunded upon contract cancellation.
4207	(d)  The amounts allocated to merchandise, services, and
4208	cash advances.
4209	(e)  The toll-free number of the department which is
4210	available for questions or complaints.
4211	(f)  A statement that the purchaser shall have 30 days from
4212	the date of execution of contract to cancel the contract and
4213	receive a total refund of all moneys paid for items not used.
4214	(9)  Effective October 1, 2006, display in its offices for
4215	free distribution to all potential customers, and provide to all
4216	customers at the time of sale, a brochure explaining how and by
4217	whom cemeteries and preneed sales are regulated, summarizing
4218	consumer rights under the law, and providing the name, address,
4219	and phone number of the department's consumer affairs division.
4220	The format and content of the brochure shall be as prescribed by
4221	the rule. The licensing authority may cause the publication of
4222	such brochures and by rule establish requirements that cemetery
4223	and preneed licensees purchase and make available in the
4224	licensee's offices such brochures to all potential customers.
4225	(10)  Provide to each customer a complete description of
4226	any monument, marker, or memorialization to be placed at the
4227	gravesite.
4228	Section 63.  Section 497.337, Florida Statutes, is
4229	renumbered as section 497.283, Florida Statutes, and amended to
4230	read:
4231	497.283 497.337  Prohibition on sale of personal property
4232	or services.--
4233	(1)  This section applies to all cemetery companies
4234	licensed pursuant to this chapter that offer for sale or sell
4235	personal property or services which may be used in a cemetery in
4236	connection with the burial of human remains or the commemoration
4237	of the memory of a deceased human being and also to any person
4238	in direct written contractual relationship with licensed
4239	cemetery companies.
4240	(2)(a)  Except as otherwise provided in this chapter, no
4241	cemetery company shall directly or indirectly enter into a
4242	contract for the sale of personal property or services,
4243	excluding burial or interment rights, which may be used in a
4244	cemetery in connection with disposing of human remains, or
4245	commemorating the memory of a deceased human being, if delivery
4246	of the personal property or performance of the service is to be
4247	made more than 120 days after receipt of final payment under the
4248	contract of sale, except as provided in s. 497.458 497.417. This
4249	shall include, but not be limited to, the sale for future
4250	delivery of burial vaults, grave liners, urns, memorials, vases,
4251	foundations, memorial bases, and similar merchandise and related
4252	services commonly sold or used in cemeteries and interment fees
4253	but excluding burial or interment rights.
4254	(b)  For the purposes of this section, the term "delivery"
4255	means actual delivery and installation at the time of need or at
4256	the request of the owner or the owner's agent. Merchandise is
4257	not considered delivered under paragraph (a) if it is stored on
4258	the grounds of the cemetery or at a storage facility except for
4259	monuments, markers, and permanent outer burial receptacles that
4260	are stored in a protected environment and are comprised of
4261	materials designed to withstand prolonged, protected storage
4262	without adversely affecting the structural integrity or
4263	aesthetic characteristics of such permanent outer burial
4264	receptacles.
4265	(c)  In lieu of delivery as required by paragraph (b), for
4266	sales to cemetery companies and funeral establishments, and only
4267	for such sales, the manufacturer of a permanent outer burial
4268	receptacle which meets standards adopted by rule the board may
4269	elect, at its discretion, to comply with the delivery
4270	requirements of this section by annually submitting for approval
4271	pursuant to procedures and forms as specified by rule, in
4272	writing, evidence of the manufacturer's financial responsibility
4273	with the licensing authority board for its review and approval.
4274	The standards and procedures to establish evidence of financial
4275	responsibility shall be those in s. 497.461 497.423 or s.
4276	497.425, with the manufacturer of permanent outer burial
4277	receptacles which meet national industry standards assuming the
4278	same rights and responsibilities as those of a preneed licensee
4279	certificateholder under s. 497.461 497.423 or s. 497.425.
4280	(3)  No nonprofit cemetery corporation which has been
4281	incorporated and engaged in the cemetery business prior to and
4282	continuously since 1915 and which has current trust assets
4283	exceeding $2 million shall be required to designate a corporate
4284	trustee.
4285	Section 64.  Section 497.345, Florida Statutes, is
4286	renumbered as section 497.284, Florida Statutes, to read:
4287	497.284 497.345  Abandoned cemeteries; immunity; actions.--
4288	(1)  Notwithstanding any provision of law to the contrary,
4289	a county or municipality which has within its jurisdiction an
4290	abandoned cemetery or a cemetery that has not been reasonably
4291	maintained for a period in excess of 6 months may, upon notice
4292	to the department, take such action as is necessary and
4293	appropriate to provide for maintenance and security of the
4294	cemetery. The solicitation of private funds and the expenditure
4295	of public funds for the purposes enumerated in this subsection
4296	are hereby authorized, provided that no action taken by a county
4297	or municipality under this subsection shall establish an ongoing
4298	obligation or duty to provide continuous security or maintenance
4299	for any cemetery.
4300	(2)  No county or municipality nor any person under the
4301	supervision or direction of the county or municipality,
4302	providing good faith assistance in securing or maintaining a
4303	cemetery under subsection (1), may be subject to civil
4304	liabilities or penalties of any type for damages to property at
4305	the cemetery.
4306	(3)  A county or municipality that has maintained or
4307	secured a cemetery pursuant to the provisions of subsection (1)
4308	may maintain an action at law against the owner of the cemetery
4309	to recover an amount equal to the value of such maintenance or
4310	security.
4311	Section 65.  Section 497.349, Florida Statutes, is
4312	renumbered as section 497.285, Florida Statutes, and amended to
4313	read:
4314	497.285 497.349  Inactive cemeteries.--
4315	(1)  A licensee shall be considered inactive upon the
4316	acceptance of the surrender of its license by the department or
4317	upon the nonreceipt by the department of the license renewal
4318	fees required by s. 497.265 497.213(2).
4319	(2)  A cemetery licensee licensed to engage in preneed
4320	sales shall cease all preneed sales to the public upon becoming
4321	inactive with regard to its cemetery license. At-need sales to
4322	the public shall cease within 30 days after becoming inactive.
4323	(3)  Any licensee desiring to surrender its license to the
4324	department shall first:
4325	(a)  File notice with the department.
4326	(b)  Submit copies of its existing trust agreements.
4327	(c)  Resolve to the department's satisfaction all findings
4328	and violations resulting from the last examination conducted.
4329	(d)  Pay all outstanding fines and invoices due the
4330	department.
4331	(e)  Submit its current license.
4332	(4)  Upon receipt of the notice, the department shall
4333	review the licensee's:
4334	(a)  Trust funds.
4335	(b)  Trust agreements.
4336	(c)  Care and maintenance of the cemetery grounds.
4337	(5)  After a review to the department's satisfaction, the
4338	department shall terminate the license.
4339	(6)(a)  The care and maintenance trust fund of a licensee
4340	shall be held intact and in trust after the licensee has become
4341	inactive, and funds in that trust fund shall be disbursed to the
4342	cemetery on a regular basis for the upkeep of the grounds.
4343	(b)  The merchandise trust fund of a licensee shall be held
4344	intact and in trust after the licensee has become inactive, and
4345	the funds in that trust fund shall be disbursed in accordance
4346	with the requirements of the written contracts until the fund
4347	has been exhausted.
4348	Section 66.  Section 497.353, Florida Statutes, is
4349	renumbered as section 497.286, Florida Statutes, and amended to
4350	read:
4351	497.286 497.353  Owners to provide addresses; presumption
4352	of abandonment; abandonment procedures; sale of abandoned unused
4353	burial rights.--
4354	(1)  For purposes of this section, all owners of burial
4355	rights in any cemetery licensed under the provisions of this
4356	chapter the Florida Funeral and Cemetery Services Act shall have
4357	the legal duty to keep the cemetery companies informed in
4358	writing of their residence addresses. Cemetery companies shall
4359	notify their present burial rights owners by letter at the
4360	owner's last known address and notify all future burial rights
4361	owners, in the contract for sale and the certificate of
4362	ownership, of the requirement to keep the cemetery company
4363	informed in writing of their current residence address.
4364	(2)  There is hereby created a presumption that burial
4365	rights in any cemetery licensed under this chapter have been
4366	abandoned when an owner of unused burial rights has failed to
4367	provide the cemetery with a current residence address for a
4368	period of 50 consecutive years and the cemetery is unable to
4369	communicate by certified letter with said owner of unused burial
4370	rights for lack of address. No such presumption of abandonment
4371	shall exist for burial rights held in common ownership which are
4372	adjoining, whether in a grave space, plot, mausoleum,
4373	columbarium, or other place of interment, if any such burial
4374	rights have been used within such common ownership.
4375	(3)  Upon the occurrence of a presumption of abandonment as
4376	set forth in subsection (2), a cemetery may file with the
4377	department a certified notice attesting to the abandonment of
4378	the burial rights. The notice shall do the following:
4379	(a)  Describe the burial rights certified to have been
4380	abandoned;
4381	(b)  Set forth the name of the owner or owners of the
4382	burial rights, or if the owner is known to the cemetery to be
4383	deceased, then the names, if known to the cemetery, of such
4384	claimants as are heirs at law, next of kin, or specific devisees
4385	under the will of the owner;
4386	(c)  Detail the facts with respect to the failure of the
4387	owner or survivors as outlined in this section to keep the
4388	cemetery informed of the owner's address for a period of 50
4389	consecutive years or more; and
4390	(d)  Certify that no burial right has been exercised which
4391	is held in common ownership with any abandoned burial rights as
4392	set forth in subsection (2).
4393	(4)  Irrespective of diversity of ownership of the burial
4394	rights, a cemetery may include in its certification burial
4395	rights in as many owners as are certified to have been
4396	abandoned.
4397	(5)  The department shall notice and publish the approved
4398	abandoned burial rights in the manner provided by s. 717.118.
4399	(6)  Within 120 days from the final notice and publication
4400	as provided in subsection (5), the department shall notify the
4401	cemetery if there has been no claim filed for the burial rights,
4402	and the cemetery shall have the right to sell such burial rights
4403	at a public sale subject to the approval of the sale price by
4404	the department.
4405	(7)  Notice of the time and place of any sale held pursuant
4406	to the provisions of this section shall be published by the
4407	cemetery once in a newspaper of general circulation in the
4408	county in which the cemetery is located, such publication to be
4409	not less than 30 days prior to the date of sale.
4410	(8)  The proceeds derived from any sale shall be disbursed
4411	in the following manner: an amount specified in s. 497.268
4412	497.245 shall be deposited to the cemetery care and maintenance
4413	trust fund; an amount equal to the cemetery company's actual and
4414	necessary costs incurred pursuant to this section but not to
4415	exceed 10 percent of the selling price of the abandoned burial
4416	right shall be deposited to the cemetery company's operating
4417	account; and the balance of the proceeds shall be deposited with
4418	the department within 20 days after receipt of said funds. The
4419	department shall deposit all funds received pursuant to this
4420	subsection in accordance with the provisions of s. 717.123.
4421	(9)  Persons or their heirs who were owners of burial
4422	rights which were sold under this section shall have the right
4423	at any time to obtain equivalent burial rights in the cemetery
4424	without further charge. If no burial rights are desired, such
4425	persons or their heirs may obtain the amount paid to the
4426	department in accordance with the provisions of s. 717.124.
4427	(10)  The cemetery shall set aside equivalent burial rights
4428	equal to 10 percent of the abandoned burial rights sold under
4429	this section for the exclusive use of persons or their heirs who
4430	were owners of burial rights which were sold under this section,
4431	who have the right at any time to obtain equivalent burial
4432	rights in the cemetery under this section.
4433	(11)  Persons who purchase burial rights at a sale pursuant
4434	to this section shall have the right to sell, alienate, or
4435	otherwise transfer said burial rights subject to and in
4436	accordance with the rules and regulations of the cemetery and
4437	payment of a reasonable transfer fee.
4438	Section 67.  Section 497.357, Florida Statutes, is
4439	renumbered as section 497.287, Florida Statutes, and amended to
4440	read:
4441	497.287 497.357  Report of identification of exempt
4442	cemeteries.--
4443	(1)  All cemeteries in excess of 5 acres located in this
4444	state that are exempt from the provisions of this chapter shall
4445	be required to file a report of identification with the
4446	department and pay a $25 fee. The department shall maintain such
4447	reports as public records. Such report of identification shall
4448	be refiled every 5 years pursuant to a schedule set by board
4449	rule. Solely for purposes of chapter 120, such report of
4450	identification shall be considered a license registration with
4451	the department.
4452	(2)  The report shall be submitted on a form and pursuant
4453	to procedures specified by rule approved by the board, and shall
4454	list the name and address of the authorized agent who is
4455	responsible for conducting the business of the cemetery and to
4456	whom inquiries about the cemetery can be directed.
4457	(3)  The department board may institute proceedings in any
4458	appropriate court for injunctive relief to enforce this section.
4459	Upon issuance of an injunctive order, the court shall award the
4460	department its costs and attorney fees in the action.
4461	Section 68.  Part III of chapter 497, Florida Statutes,
4462	consisting of sections 497.365, 497.366, 497.367, 497.368,
4463	497.369, 497.370, 497.371, 497.372, 497.373, 497.374, 497.375,
4464	497.376, 497.377, 497.378, 497.379, 497.380, 497.381, 497.382,
4465	497.383, 497.384, 497.385, 497.386, 497.387, 497.388, 497.389,
4466	497.390, 497.391, and 497.392, is created to read:
4467	PART III
4468	FUNERAL DIRECTING, EMBALMING, AND RELATED SERVICES
4469	Section 69.  Section 497.365, Florida Statutes, is created
4470	to read:
4471	497.365  Licensure; inactive and delinquent status.--
4472	(1)  This section shall apply only to licenses issued under
4473	this part. A licensee may practice a profession or occupation
4474	regulated under this part only if the licensee has an active
4475	status license. A licensee who practices a profession without an
4476	active status license is in violation of this chapter and the
4477	licensing authority may impose discipline on the licensee.
4478	(2)  Pursuant to procedures specified by rule, a licensee
4479	shall be permitted to choose, at the time of licensure renewal,
4480	an active or inactive status. However, a licensee who changes
4481	from inactive to active status is not eligible to return to
4482	inactive status until the licensee thereafter completes a
4483	licensure cycle on active status.
4484	(3)  There shall be imposed pursuant to rule a fee for an
4485	inactive status license which is no greater than the fee for an
4486	active status license.
4487	(4)  An inactive status licensee may change to active
4488	status at any time, provided the licensee meets all requirements
4489	for active status, pays any additional licensure fees necessary
4490	to equal those imposed on an active status licensee, pays any
4491	applicable reactivation fees as set by the licensing authority,
4492	and meets all continuing education requirements as specified in
4493	this section.
4494	(5)  A licensee shall apply with a complete application, as
4495	defined by rule of the licensing authority, to renew an active
4496	or inactive status license, before the license expires. Failure
4497	of a licensee to renew before the license expires shall cause
4498	the license to become delinquent in the license cycle following
4499	expiration.
4500	(6)  A delinquent status licensee must affirmatively apply
4501	with a complete application, as defined by rule of the licensing
4502	authority, for active or inactive status during the licensure
4503	cycle in which a licensee becomes delinquent. Failure by a
4504	delinquent status licensee to become active or inactive before
4505	the expiration of the current licensure cycle shall render the
4506	license null without any further action by the board or the
4507	licensing authority. Any subsequent licensure shall be as a
4508	result of applying for and meeting all requirements imposed on
4509	an applicant for new licensure.
4510	(7)  There shall be imposed pursuant to rule an additional
4511	delinquency fee, not to exceed the biennial renewal fee for an
4512	active status license, on a delinquent status licensee when such
4513	licensee applies for active or inactive status.
4514	(8)  There shall be imposed pursuant to rule an additional
4515	fee, not to exceed the biennial renewal fee for an active status
4516	license, for processing a licensee's request to change licensure
4517	status at any time other than at the beginning of a licensure
4518	cycle.
4519	(9)  There may be imposed pursuant to rule reasonable
4520	conditions, excluding full reexamination but including part of a
4521	national examination or a special purpose examination, to assess
4522	current competency necessary to ensure that a licensee who has
4523	been on inactive status for more than 4 consecutive years and
4524	who applies for active status can practice with the care and
4525	skill sufficient to protect the health, safety, and welfare of
4526	the public. Reactivation requirements may differ depending on
4527	the length of time licensees are inactive. The costs to meet
4528	reactivation requirements shall be borne by licensees requesting
4529	reactivation.
4530	(10)  Before reactivation, an inactive or delinquent
4531	licensee shall meet the same continuing education requirements,
4532	if any, imposed on an active status licensee for all licensure
4533	periods in which the licensee was inactive or delinquent.
4534	(11)  The status or a change in status of a licensee shall
4535	not alter in any way the right to impose discipline or to
4536	enforce discipline previously imposed on a licensee for acts or
4537	omissions committed by the licensee while holding a license,
4538	whether active, inactive, or delinquent.
4539	Section 70.  Section 497.366, Florida Statutes, is created
4540	to read:
4541	497.366  Licensure; renewal and cancellation notices.--
4542	(1)  At least 90 days before the end of a licensure cycle,
4543	the licensing authority shall:
4544	(a)  Forward a licensure renewal notification to an active
4545	or inactive licensee at the licensee's last known address of
4546	record with the licensing authority.
4547	(b)  Forward a notice of pending cancellation of licensure
4548	to a delinquent status licensee at the licensee's last known
4549	address of record with the licensing authority.
4550	(2)  Each licensure renewal notification and each notice of
4551	pending cancellation of licensure must state conspicuously that
4552	a licensee who remains on inactive status for more than 4 years
4553	and who wishes to reactivate the license may be required to
4554	demonstrate the competency to resume active practice by sitting
4555	for a special purpose examination or by completing other
4556	reactivation requirements, as defined by rule of the licensing
4557	authority.
4558	(3)  This section shall apply only to licensees licensed
4559	under this part.
4560	Section 71.  Section 497.367, Florida Statutes, is created
4561	to read:
4562	497.367  Instruction on HIV and AIDS, funeral directors and
4563	embalmers.--
4564	(1)  Each person licensed as a funeral director or embalmer
4565	under this chapter shall be required to complete an approved
4566	continuing educational course on human immunodeficiency virus
4567	and acquired immune deficiency syndrome, at least every 2 years.
4568	The course shall consist of education on the modes of
4569	transmission, infection control procedures, clinical management,
4570	and prevention of human immunodeficiency virus and acquired
4571	immune deficiency syndrome. Such course shall include
4572	information on current Florida law on acquired immune deficiency
4573	syndrome and its impact on testing, confidentiality of test
4574	results, and treatment of patients.
4575	(2)  Confirmation of completed continuing education
4576	concerning each funeral director or embalmer licensee shall be
4577	submitted according to procedures, forms, and methods as
4578	specified by rule of the licensing authority.
4579	(3)  There may be approved by the licensing authority by
4580	rule or order additional equivalent courses that may be used to
4581	satisfy the requirements in subsection (1). There may be counted
4582	the hours required for completion of the course included in the
4583	total continuing educational requirements as required by law.
4584	(4)  Any person holding two or more licenses subject to the
4585	provisions of this section shall only be required to take the
4586	course once every 2 years notwithstanding the number of licenses
4587	held by that person.
4588	(5)  Failure to timely comply with the above requirements
4589	shall constitute grounds for disciplinary action against the
4590	licensee.
4591	(6)  It shall be required as a condition of granting a
4592	license as a funeral director and embalmer under this chapter
4593	that an applicant making initial application for licensure
4594	complete an educational course approved by the licensing
4595	authority on human immunodeficiency virus and acquired immune
4596	deficiency syndrome. An applicant who has not taken a course at
4597	the time of licensure shall, upon an affidavit showing good
4598	cause, be allowed 6 months to complete this requirement.
4599	Section 72.  Section 470.006, Florida Statutes, is
4600	renumbered as section 497.368, Florida Statutes, and amended to
4601	read:
4602	497.368 470.006  Embalmers; licensure as an embalmer by
4603	examination; provisional license.--
4604	(1)  Any person desiring to be licensed as an embalmer
4605	shall apply to the licensing authority department to take the
4606	licensure examination. The licensing authority department shall
4607	examine each applicant who has remitted an examination fee set
4608	by rule of the licensing authority the board not to exceed $200
4609	plus the actual per applicant cost to the licensing authority
4610	department for portions of the examination and who the board
4611	certifies has:
4612	(a)  Completed the application form and remitted a
4613	nonrefundable application fee set by the licensing authority
4614	board not to exceed $200 $50.
4615	(b)  Submitted proof satisfactory to the licensing
4616	authority board that the applicant is at least 18 years of age
4617	and is a recipient of a high school degree or equivalent.
4618	(c)  Had no conviction or finding of guilt, regardless of
4619	adjudication, for a crime which directly relates to the ability
4620	to practice embalming or the practice of embalming.
4621	(d)  Completed a course in mortuary science approved by the
4622	licensing authority board, which course embraces, at least, the
4623	following subjects: theory and practice of embalming,
4624	restorative art, pathology, anatomy, microbiology, chemistry,
4625	hygiene, and public health and sanitation.
4626	(e)  Submitted proof of completion of a board-approved
4627	course on communicable diseases approved by the licensing
4628	authority.
4629	(2)  The licensing authority department shall license the
4630	applicant as an embalmer if the applicant:
4631	(a)  Passes an examination on the subjects of the theory
4632	and practice of embalming, restorative art, pathology, anatomy,
4633	microbiology, chemistry, hygiene, public health and sanitation,
4634	and local, state, and federal laws and rules relating to the
4635	disposition of dead human bodies; however, there may the board
4636	by rule be approved by the licensing authority may adopt the use
4637	of a national examination, such as the embalming examination
4638	prepared by the Conference of Funeral Service Examining Boards,
4639	in lieu of part of this examination requirement; and
4640	(b)  Completes a 1-year internship under a licensed
4641	embalmer.
4642	(3)  Any applicant who has completed the required 1-year
4643	internship and has been approved for examination as an embalmer
4644	may qualify for a provisional license to work in a licensed
4645	funeral establishment, under the direct supervision of a
4646	licensed embalmer for a limited period of 6 months as provided
4647	by rule of the licensing authority board. The fee for
4648	provisional licensure shall be set by rule of the licensing
4649	authority the board, but may not exceed $200 $125, and shall be
4650	nonrefundable and in addition to the fee required in subsection
4651	(1). This provisional license may be renewed no more than one
4652	time.
4653	Section 73.  Section 470.007, Florida Statutes, is
4654	renumbered as section 497.369, Florida Statutes, and amended to
4655	read:
4656	497.369 470.007  Embalmers; licensure as an embalmer by
4657	endorsement; licensure registration of a temporary embalmer.--
4658	(1)  The licensing authority department shall issue a
4659	license by endorsement to practice embalming to an applicant who
4660	has remitted an examination fee set by rule of the licensing
4661	authority the board not to exceed $200 and who the licensing
4662	authority board certifies:
4663	(a)  Has completed the application form and remitted a
4664	nonrefundable application fee set by rule of the licensing
4665	authority the board not to exceed $200 $50.
4666	(b)1.  Holds a valid license to practice embalming in
4667	another state of the United States, provided that, when the
4668	applicant secured his or her or his original license, the
4669	requirements for licensure were substantially equivalent to or
4670	more stringent than those existing in this state; or
4671	2.  Meets the qualifications for licensure in s. 497.368
4672	470.006, except that the internship requirement shall be deemed
4673	to have been satisfied by 1 year's practice as a licensed
4674	embalmer in another state, and has, within 10 years prior to the
4675	date of application, successfully completed a state, regional,
4676	or national examination in mortuary science, which, as
4677	determined by rule of the licensing authority board, is
4678	substantially equivalent to or more stringent than the
4679	examination given by the licensing authority department.
4680	(c)  Has submitted proof of completion of a licensing
4681	authority approved board-approved course on communicable
4682	diseases.
4683	(2)  State, regional, or national examinations and
4684	requirements for licensure in another state shall be presumed to
4685	be substantially equivalent to or more stringent than the
4686	examination and requirements in this state unless found
4687	otherwise by rule of the licensing authority board.
4688	(3)  The licensing authority department shall not issue a
4689	license by endorsement or a temporary license registration to
4690	any applicant who is under investigation or prosecution in any
4691	jurisdiction for an act which would constitute a violation of
4692	this chapter until such time as the investigation or prosecution
4693	is complete.
4694	(4)  Each applicant for licensure by endorsement must pass
4695	the examination on local, state, and federal laws and rules
4696	relating to the disposition of dead human bodies which is
4697	required under s. 497.368 470.006 and which shall be given by
4698	the licensing authority department.
4699	(5)  There may be adopted by the licensing authority The
4700	board may adopt rules authorizing an applicant who has met the
4701	requirements of paragraphs (1)(b) and (c) and who is awaiting an
4702	opportunity to take the examination required by subsection (4)
4703	to be licensed register as a temporary licensed embalmer. A
4704	temporary licensed registered temporary embalmer may work as an
4705	embalmer in a licensed funeral establishment under the general
4706	supervision of a licensed embalmer. Such temporary license
4707	registration shall expire 60 days after the date of the next
4708	available examination required under subsection (4); however,
4709	the temporary license registration may be renewed one time under
4710	the same conditions as initial issuance. The fee for issuance
4711	registration or renewal of an embalmer temporary license
4712	registration as a temporary embalmer shall be set by rule of the
4713	licensing authority the board but may not exceed $200 $125. The
4714	fee required in this subsection shall be nonrefundable and in
4715	addition to the fee required in subsection (1).
4716	Section 74.  Section 470.008, Florida Statutes, is
4717	renumbered as section 497.370, Florida Statutes, and amended to
4718	read:
4719	497.370 470.008  Embalmers; licensure Registration of an
4720	embalmer intern.--
4721	(1)  Any person desiring to become an embalmer intern shall
4722	make application to the licensing authority department on forms
4723	specified by rule provided by the department, together with a
4724	nonrefundable fee determined by rule of the licensing authority
4725	but not to exceed $200 $100. The application shall indicate the
4726	name and address of the licensed embalmer under whose
4727	supervision the intern will receive training and the name of the
4728	licensed funeral establishment or centralized embalming facility
4729	where such training is to be conducted. The embalmer intern
4730	shall intern under the direct supervision of a licensed embalmer
4731	who has an active, valid license under s. 497.368 or s. 497.369.
4732	(2)  An applicant for internship under this section shall
4733	meet the requirements of s. 497.368(1)(b)-(e) 470.006(1)(b)-(e)
4734	prior to being licensed registered by the board as an embalmer
4735	intern.
4736	(3)  There shall be adopted The board shall adopt rules
4737	establishing an embalmer internship program and criteria for
4738	embalmer intern training agencies and supervisors. Any funeral
4739	establishment or centralized embalming facility where embalming
4740	is conducted must apply to the licensing authority board for
4741	approval as an embalmer intern training agency.
4742	(4)  A funeral establishment or centralized embalming
4743	facility designated as an embalmer intern training agency may
4744	not exact a fee from any person obtaining intern training at
4745	such funeral establishment or centralized embalming facility.
4746	Section 75.  Section 470.0085, Florida Statutes, is
4747	renumbered as section 497.371, Florida Statutes, and amended to
4748	read:
4749	497.371 470.0085  Embalmers; establishment of embalmer
4750	apprentice program.--The licensing authority adopts board may
4751	adopt rules establishing an embalmer apprentice program. An
4752	embalmer apprentice may perform only those tasks, functions, and
4753	duties relating to embalming which are performed under the
4754	direct supervision of an a licensed embalmer who has an active,
4755	valid license under s. 497.368 or s. 497.369. An embalmer
4756	apprentice shall be eligible to serve in an apprentice capacity
4757	for a period not to exceed 3 years 1 year as may be determined
4758	by licensing authority board rule or for a period not to exceed
4759	5 3 years if the apprentice is enrolled in and attending a
4760	course in mortuary science or funeral service education at any
4761	mortuary college or funeral service education college or school.
4762	An embalmer apprentice shall be licensed registered with the
4763	board upon payment of a licensure registration fee as determined
4764	by licensing authority rule but not to exceed $200 $50.
4765	Section 76.  Section 470.0087, Florida Statutes, is
4766	renumbered as section 497.372, Florida Statutes, and amended to
4767	read:
4768	497.372 470.0087  Funeral directing; conduct constituting
4769	Practice of funeral directing.--
4770	(1)  The practice of funeral directing shall be construed
4771	to consist of the following functions, which may be performed
4772	only by a licensed funeral director:
4773	(a)  Selling or offering to sell funeral services on an at-
4774	need basis.
4775	(b)  Planning or arranging, on an at-need basis, the
4776	details of a funeral service with the family or friends of the
4777	decedent or any other person responsible for such service;
4778	setting the time of the service; establishing the type of
4779	service to be rendered; acquiring the services of the clergy;
4780	and obtaining vital information for the filing of death
4781	certificates and obtaining of burial transit permits.
4782	(c)  Making, negotiating, or completing the financial
4783	arrangements for a funeral service on an at-need basis, provided
4784	that nonlicensed personnel may assist the funeral director in
4785	performing such tasks.
4786	(d)  Directing, being in charge or apparent charge of, or
4787	supervising, directly or indirectly, a visitation or viewing.
4788	Such functions shall not require that a licensed funeral
4789	director be physically present throughout the visitation or
4790	viewing, provided that the funeral director is readily available
4791	by telephone for consultation.
4792	(e)  Directing, being in charge or apparent charge of, or
4793	supervising, directly or indirectly, any funeral service held in
4794	a funeral establishment, cemetery, or elsewhere.
4795	(f)  Directing, being in charge or apparent charge of, or
4796	supervising, directly or indirectly, any memorial service held
4797	prior to or within 72 hours of the burial or cremation, if such
4798	memorial service is sold or arranged by a licensee
4799	certificateholder or registrant.
4800	(g)  Using in connection with one's name or employment the
4801	words or terms "funeral director," "funeral establishment,"
4802	"undertaker," "mortician," or any other word, term, title, or
4803	picture, or combination of any of the above, that when
4804	considered in the context in which used would imply that such
4805	person is engaged in the practice of funeral directing or that
4806	such person is holding himself or herself or himself out to the
4807	public as being engaged in the practice of funeral directing;
4808	provided, however, that nothing in this paragraph shall prevent
4809	using the name of any owner, officer, or corporate director of a
4810	funeral establishment, who is not a licensee, in connection with
4811	the name of the funeral establishment with which such individual
4812	is affiliated, so long as such individual's affiliation is
4813	properly specified.
4814	(h)  Managing or supervising the operation of a funeral
4815	establishment, except for administrative matters such as
4816	budgeting, accounting and personnel, maintenance of buildings,
4817	equipment and grounds, and routine clerical and recordkeeping
4818	functions.
4819	(2)  The practice of funeral directing shall not be
4820	construed to consist of the following functions:
4821	(a)  The phoning-in or faxing of obituary notices; ordering
4822	of flowers or merchandise; delivery of death certificates to
4823	attending physicians; or clerical preparation of death
4824	certificates, insurance forms, and any clerical tasks that
4825	record the information compiled by the funeral director or that
4826	are incidental to any of the functions specified above.
4827	(b)  Furnishing standard printed price lists and other
4828	disclosure information to the public by telephone or by
4829	providing such lists to persons making inquiry.
4830	(c)  Removing or transporting human remains from the place
4831	of death, or removing or transporting human remains from or to a
4832	funeral establishment, centralized embalming facility,
4833	refrigeration facility, cemetery, crematory, medical examiner's
4834	office, common carrier, or other locations as authorized and
4835	provided by law.
4836	(d)  Arranging, coordinating, or employing licensed
4837	registered removal services, licensed registered refrigeration
4838	facilities, or licensed registered centralized embalming
4839	facilities.
4840	(e)  Any aspect of making preneed funeral arrangements or
4841	entering into preneed contracts.
4842	(f)  Any functions normally performed by cemetery or
4843	crematory personnel.
4844	Section 77.  Section 470.009, Florida Statutes, is
4845	renumbered as section 497.373, Florida Statutes, and amended to
4846	read:
4847	497.373 470.009  Funeral directing; licensure as a funeral
4848	director by examination; provisional license.--
4849	(1)  Any person desiring to be licensed as a funeral
4850	director shall apply to the licensing authority department to
4851	take the licensure examination. The licensing authority
4852	department shall examine each applicant who has remitted an
4853	examination fee set by rule of the licensing authority the board
4854	not to exceed $200 plus the actual per applicant cost to the
4855	licensing authority department for portions of the examination
4856	and who the licensing authority board certifies has:
4857	(a)  Completed the application form and remitted a
4858	nonrefundable application fee set by rule of the licensing
4859	authority the board not to exceed $200 $50.
4860	(b)  Submitted proof satisfactory to the licensing
4861	authority board that the applicant is at least 18 years of age
4862	and is a recipient of a high school degree or equivalent.
4863	(c)  Had no conviction or finding of guilt, regardless of
4864	adjudication, for a crime which directly relates to the ability
4865	to practice funeral directing or the practice of funeral
4866	directing.
4867	(d)1.  Received an associate in arts degree, associate in
4868	science degree, or an associate in applied science degree in
4869	mortuary science approved by the licensing authority board; or
4870	2.  Holds an associate degree or higher from a college or
4871	university accredited by a regional association of colleges and
4872	schools recognized by the United States Department of Education
4873	and is a graduate of at least an approved a 1-year course in
4874	mortuary science approved by the licensing authority board.
4875	(e)  Submitted proof of completion of a board-approved
4876	course on communicable diseases approved by the licensing
4877	authority.
4878	(2)  The licensing authority department shall license the
4879	applicant as a funeral director if he or she or he:
4880	(a)  Passes an examination on the subjects of the theory
4881	and practice of funeral directing, public health and sanitation,
4882	and local, state, and federal laws and rules relating to the
4883	disposition of dead human bodies; however, there may be approved
4884	by rule the board by rule may adopt the use of a national
4885	examination, such as the funeral service arts examination
4886	prepared by the Conference of Funeral Service Examining Boards,
4887	in lieu of part of this examination requirement.
4888	(b)  Completes a 1-year internship under a licensed funeral
4889	director.
4890	(3)  Any applicant who has completed the required 1-year
4891	internship and has been approved for examination as a funeral
4892	director may qualify for a provisional license to work in a
4893	licensed funeral establishment, under the direct supervision of
4894	a licensed funeral director for a limited period of 6 months as
4895	provided by rule of the licensing authority board. The fee for
4896	provisional licensure shall be set by rule of the licensing
4897	authority the board but may not exceed $200 $125. The fee
4898	required in this subsection shall be nonrefundable and in
4899	addition to the fee required by subsection (1). This provisional
4900	license may be renewed no more than one time.
4901	Section 78.  Section 470.011, Florida Statutes, is
4902	renumbered as section 497.374, Florida Statutes, and amended to
4903	read:
4904	497.374 470.011  Funeral directing; licensure as a funeral
4905	director by endorsement; licensure registration of a temporary
4906	funeral director.--
4907	(1)  The licensing authority department shall issue a
4908	license by endorsement to practice funeral directing to an
4909	applicant who has remitted a fee set by rule of the licensing
4910	authority the board not to exceed $200 and who the board
4911	certifies:
4912	(a)  Has completed the application form and remitted a
4913	nonrefundable application fee set by rule of the licensing
4914	authority the board not to exceed $200 $50.
4915	(b)1.  Holds a valid license to practice funeral directing
4916	in another state of the United States, provided that, when the
4917	applicant secured his or her or his original license, the
4918	requirements for licensure were substantially equivalent to or
4919	more stringent than those existing in this state; or
4920	2.  Meets the qualifications for licensure in s. 497.373
4921	470.009 and has, within 10 years prior to the date of
4922	application, successfully completed a state, regional, or
4923	national examination in mortuary science, which, as determined
4924	by rule of the licensing authority board, is substantially
4925	equivalent to or more stringent than the examination given by
4926	the licensing authority department.
4927	(c)  Has submitted proof of completion of a licensing
4928	authority approved board-approved course on communicable
4929	diseases.
4930	(2)  The licensing authority department shall not issue a
4931	license by endorsement or a temporary license registration to
4932	any applicant who is under investigation or prosecution in any
4933	jurisdiction for acts which would constitute a violation of this
4934	chapter until such time as the investigation or prosecution is
4935	complete.
4936	(3)  State, regional, or national examinations and
4937	requirements for licensure in another state shall be presumed to
4938	be substantially equivalent to or more stringent than the
4939	examination and requirements in this state unless found
4940	otherwise by rule of the licensing authority board.
4941	(4)  Each applicant for licensure by endorsement must pass
4942	the examination on local, state, and federal laws and rules
4943	relating to the disposition of dead human bodies which is
4944	required under s. 497.373 470.009 and which shall be given by
4945	the licensing authority department.
4946	(5)  There may be adopted The board may adopt rules
4947	authorizing an applicant who has met the requirements of
4948	paragraphs (1)(b) and (c) and who is awaiting an opportunity to
4949	take the examination required by subsection (4) to obtain a
4950	license register as a temporary funeral director. A licensed
4951	registered temporary funeral director may work as a funeral
4952	director in a licensed funeral establishment under the general
4953	supervision of a licensed funeral director licensed under
4954	subsection (1) or s. 497.373. Such license registration shall
4955	expire 60 days after the date of the next available examination
4956	required under subsection (4); however, the temporary license
4957	registration may be renewed one time under the same conditions
4958	as initial issuance. The fee for initial issuance or renewal of
4959	a temporary license under this subsection registration or
4960	renewal of registration as a temporary funeral director shall be
4961	set by rule of the licensing authority the board but may not
4962	exceed $200 $125. The fee required in this subsection shall be
4963	nonrefundable and in addition to the fee required in subsection
4964	(1).
4965	Section 79.  Section 470.012, Florida Statutes, is
4966	renumbered as section 497.375, Florida Statutes, and amended to
4967	read:
4968	497.375 470.012  Funeral directing; licensure Registration
4969	of a funeral director intern.--
4970	(1)  Any person desiring to become a funeral director
4971	intern shall make application to the department on forms as
4972	required by rule provided by the department, together with a
4973	nonrefundable fee as determined by rule of the licensing
4974	authority but not to exceed $200 $100. The application shall
4975	indicate the name and address of the licensed funeral director
4976	licensed under s. 497.373 or s. 497.374(1) under whose
4977	supervision the intern will receive training and the name of the
4978	licensed funeral establishment where such training is to be
4979	conducted. The funeral director intern shall intern under the
4980	direct supervision of a licensed funeral director who has an
4981	active, valid license under s. 497.373 or s. 497.374(1).
4982	(2)  Rules shall be adopted The board shall adopt rules
4983	establishing a funeral director internship program and criteria
4984	for funeral director intern training agencies and supervisors.
4985	Any funeral establishment where funeral directing is conducted
4986	may apply to the licensing authority board for approval as a
4987	funeral director intern training agency.
4988	(3)  A funeral establishment designated as a funeral
4989	director intern training agency may not exact a fee from any
4990	person obtaining intern training at such funeral establishment.
4991	Section 80.  Section 470.013, Florida Statutes, is
4992	renumbered as section 497.376, Florida Statutes, and amended to
4993	read:
4994	497.376 470.013  License as funeral director and embalmer
4995	permitted; display of license.--
4996	(1)  Nothing in this chapter may be construed to prohibit a
4997	person from holding a license as an embalmer and a license as a
4998	funeral director at the same time.
4999	(2)  There shall be adopted The board shall adopt rules
5000	which require each license issued under this chapter to be
5001	displayed in such a manner as to make it visible to the public
5002	and to facilitate inspection by the licensing authority
5003	department. However, each licensee shall permanently affix a
5004	recent photograph of the licensee to each displayed license
5005	issued to that licensee as a funeral director or embalmer.
5006	Section 81.  Section 470.014, Florida Statutes, is
5007	renumbered as section 497.377, Florida Statutes, and amended to
5008	read:
5009	497.377 470.014  Concurrent internships.--The internship
5010	requirement for embalmers and funeral directors may be served
5011	concurrently pursuant to rules adopted by the licensing
5012	authority board.
5013	Section 82.  Section 470.015, Florida Statutes, is
5014	renumbered as section 497.378, Florida Statutes, and amended to
5015	read:
5016	497.378 470.015  Renewal of funeral director and embalmer
5017	licenses.--
5018	(1)  There shall be renewed The department shall renew a
5019	funeral director or embalmer license upon receipt of the renewal
5020	application and fee set by the licensing authority board not to
5021	exceed $250. The licensing authority board may prescribe by rule
5022	continuing education requirements of up to 12 classroom hours
5023	and may by rule establish criteria for accepting alternative
5024	nonclassroom continuing education on an hour-for-hour basis, in
5025	addition to a licensing authority-approved board-approved course
5026	on communicable diseases that includes the course on human
5027	immunodeficiency virus and acquired immune deficiency syndrome
5028	required by s. 497.367 455.2226, for the renewal of a funeral
5029	director or embalmer license. The rule board may provide for the
5030	waiver of continuing education requirements in circumstances
5031	that would justify the waiver, such as hardship, disability, or
5032	illness. The continuing education requirement is not required
5033	after July 1, 1996, for a licensee who is over the age of 75
5034	years if the licensee does not qualify as the sole person in
5035	charge of an establishment or facility.
5036	(2)  The licensing authority department shall adopt rules
5037	establishing a procedure for the biennial renewal of licenses.
5038	(3)  The licensing authority board shall adopt rules to
5039	establish requirements for the advertising of continuing
5040	education courses.
5041	Section 83.  Section 470.016, Florida Statutes, is
5042	renumbered as section 497.379, Florida Statutes, and amended to
5043	read:
5044	497.379 470.016  Inactive status.--
5045	(1)  A funeral director or embalmer license that has become
5046	inactive may be reactivated under s. 497.378 470.015 upon
5047	application to the licensing authority department. The licensing
5048	authority board shall prescribe by rule continuing education
5049	requirements as a condition of reactivating a license. The
5050	continuing education requirements for reactivating a license may
5051	not exceed 12 classroom hours, and the licensing authority board
5052	may by rule establish criteria for accepting alternative
5053	nonclassroom continuing education on an hour-for-hour basis, in
5054	addition to a licensing authority-approved board-approved course
5055	on communicable diseases, for each year the license was
5056	inactive.
5057	(2)  The licensing authority board shall prescribe by rule
5058	an application fee for inactive status, a renewal fee for
5059	inactive status, a delinquency fee, and a fee for reactivation
5060	of a license. None of these fees may exceed the biennial renewal
5061	fee established by the licensing authority board for an active
5062	license.
5063	(3)  The licensing authority department may not reactivate
5064	a license unless the inactive or delinquent licensee has paid
5065	any applicable biennial renewal or delinquency fee, or both, and
5066	a reactivation fee.
5067	Section 84.  Section 470.024, Florida Statutes, is
5068	renumbered as section 497.380, Florida Statutes, and amended to
5069	read:
5070	497.380 470.024  Funeral establishment; licensure.--
5071	(1)  A funeral establishment shall be a place at a specific
5072	street address or location consisting of at least 1,250
5073	contiguous interior square feet and must maintain or make
5074	arrangements for either suitable capacity for the refrigeration
5075	and storage of dead human bodies handled and stored by the
5076	establishment and or a preparation room equipped with necessary
5077	ventilation and drainage and containing necessary instruments
5078	for embalming dead human bodies or must make arrangements for a
5079	preparation room as established by rule.
5080	(2)  Each licensed funeral establishment may operate a
5081	visitation chapel at a separate location within the county in
5082	which the funeral establishment is located. A visitation chapel
5083	must be a facility of not less than 500 square feet and not more
5084	than 700 square feet and may be operated only when a licensed
5085	funeral director is present at the facility. A visitation chapel
5086	may be used only for visitation of a deceased human body and may
5087	not be used for any other activity permitted by this chapter.
5088	(3)  No person may conduct, maintain, manage, or operate a
5089	funeral establishment unless a funeral an establishment
5090	operating license has been issued under this chapter by the
5091	department for that funeral establishment.
5092	(4)  Application for a funeral establishment license shall
5093	be made on forms and pursuant to procedures specified by rule
5094	furnished by the department, shall be accompanied by a
5095	nonrefundable fee not to exceed $300 as set by licensing
5096	authority board rule, and shall include the name of the licensed
5097	funeral director who is in charge of that establishment.
5098	(5)  A funeral establishment license shall be renewable
5099	biennially pursuant to procedures, and upon payment of a
5100	nonrefundable fee not to exceed $300, as set by licensing
5101	authority board rule. The licensing authority board may also
5102	establish by rule a delinquency fee not to exceed $50 per day.
5103	(6)  The practice of embalming done at a funeral
5104	establishment shall only be practiced by an embalmer licensed
5105	under this chapter.
5106	(7)  Each licensed funeral establishment shall have one
5107	full-time funeral director in charge and shall have a licensed
5108	funeral director reasonably available to the public during
5109	normal business hours for that establishment. The full-time
5110	funeral director in charge must have an active license and may
5111	not be the full-time funeral director in charge of any other
5112	funeral establishment or of any other direct disposal
5113	establishment.
5114	(8)  The issuance of a license to operate a funeral
5115	establishment to a person or entity who is not individually
5116	licensed as a funeral director does not entitle the person to
5117	practice funeral directing.
5118	(9)  Each funeral establishment located at a specific
5119	address shall be deemed to be a separate entity and shall
5120	require separate licensing and compliance with the requirements
5121	of this chapter. A funeral establishment may not be operated at
5122	the same location as any other funeral establishment or direct
5123	disposal establishment unless such establishments were licensed
5124	as colocated establishments on October 1, 1993.
5125	(10)  Every funeral establishment licensed under this
5126	chapter shall at all times be subject to the inspection of all
5127	its buildings, grounds, and vehicles used in the conduct of its
5128	business, by the department or any of its designated
5129	representatives or agents, or local or Department of Health
5130	inspectors. The licensing authority board shall by rule
5131	establish requirements for inspection of funeral establishments.
5132	(11)  The licensing authority board shall set by rule an
5133	annual inspection fee not to exceed $300 $100, payable upon
5134	application for licensure and upon each renewal of such license.
5135	(12)  A change in ownership of a funeral establishment
5136	shall be promptly reported pursuant to procedures established by
5137	rule to the department and shall require the relicensure of the
5138	funeral establishment, including reinspection and payment of
5139	applicable fees.
5140	(13)  Each application for a funeral establishment license
5141	shall identify every person with the ability to direct the
5142	management or policies of the establishment and must identify
5143	every person having more than a 10-percent ownership interest in
5144	the establishment or the business or corporation which owns the
5145	establishment. The licensing authority board may deny, suspend,
5146	or revoke the license if any person identified in the
5147	application has been or thereafter is ever been disciplined by a
5148	regulatory agency in any jurisdiction for any offense that would
5149	constitute a violation of this chapter. The licensing authority
5150	board may deny, suspend, or revoke the license if any person
5151	identified in the application has ever been convicted or found
5152	guilty of, or entered a plea of nolo contendere to, regardless
5153	of adjudication, a crime in any jurisdiction that directly
5154	relates to the ability to operate a funeral establishment.
5155	(14)  Each funeral establishment must display at the public
5156	entrance the name of the establishment and the name of the full-
5157	time funeral director in charge. A funeral establishment must
5158	transact its business under the name by which it is licensed.
5159	Section 85.  Section 470.026, Florida Statutes, is
5160	renumbered as section 497.381, Florida Statutes, and amended to
5161	read:
5162	497.381 470.026  Solicitation of goods or services.--
5163	(1)  The licensing authority board shall adopt rules
5164	regulating the solicitation of goods or services by licensees or
5165	registrants.
5166	(2)  The licensing authority board shall regulate such
5167	solicitation to protect the public from solicitation which is
5168	intimidating, overreaching, vexatious, fraudulent, or
5169	misleading; which utilizes undue influence; or which takes undue
5170	advantage of a person's ignorance or emotional vulnerability.
5171	(3)  The licensing authority board shall regulate such
5172	solicitation which comprises an uninvited invasion of personal
5173	privacy. It is the express finding of the Legislature that the
5174	public has a high expectation of privacy in one's personal
5175	residence, and the licensing authority board by rule may
5176	restrict the hours or otherwise regulate such solicitation in
5177	the personal residence of a person unless the solicitation has
5178	been previously and expressly requested by the person solicited.
5179	(4)  Nothing in this chapter may be construed to restrict
5180	the right of a person to lawfully advertise, direct mail, or
5181	otherwise communicate in a manner not within the definition of
5182	solicitation or to solicit the business of anyone responding to
5183	such communication or otherwise initiating discussion of the
5184	goods or services being offered.
5185	(5)  At-need solicitation of funeral merchandise or
5186	services is prohibited. No funeral director or direct disposer
5187	or her or his agent or representative may contact the family or
5188	next of kin of a deceased person to sell services or merchandise
5189	unless the funeral director or direct disposer or her or his
5190	agent or representative has been initially called or contacted
5191	by the family or next of kin of such person and requested to
5192	provide her or his services or merchandise.
5193	Section 86.  Section 470.029, Florida Statutes, is
5194	renumbered as section 497.382, Florida Statutes, and amended to
5195	read:
5196	497.382 470.029  Reports of cases embalmed and bodies
5197	handled.--
5198	(1)  Each funeral establishment, direct disposal
5199	establishment, cinerator facility, and centralized embalming
5200	facility shall report on a form prescribed and furnished by the
5201	licensing authority department the name of the deceased and such
5202	other information as may be required with respect to each dead
5203	human body embalmed or otherwise handled by the establishment or
5204	facility. Such forms shall be signed by the embalmer who
5205	performs the embalming, if the body is embalmed, and the funeral
5206	director in charge of the establishment or facility or by the
5207	direct disposer who disposes of the body. The licensing
5208	authority board shall prescribe by rule the procedures in
5209	submitting such documentation. Reports required by this
5210	subsection shall be filed by the 20th 10th day of each month for
5211	final dispositions handled the preceding month.
5212	(2)  Funeral directors performing disinterments shall
5213	report, using a form and procedures specified by rule on a form
5214	prescribed and furnished by the department, the name of the
5215	deceased and such other information as may be required by rule
5216	with respect to each dead human body disinterred.
5217	Section 87.  Section 470.0294, Florida Statutes, is
5218	renumbered as section 497.383, Florida Statutes, and amended to
5219	read:
5220	497.383 470.0294  Additional rights of legally authorized
5221	persons.--
5222	(1)  In addition to any other common law or statutory
5223	rights a legally authorized person may otherwise have, that
5224	person may authorize a funeral director or direct disposer
5225	licensed under this chapter to lawfully dispose of fetal remains
5226	in circumstances when a fetal death certificate is not issued
5227	under chapter 382. A person licensed under this chapter or
5228	former chapter 470 is not liable for damages as a result of
5229	following the instructions of the legally authorized person in
5230	connection with the final disposition of fetal remains in
5231	circumstances in which a fetal death certificate is not issued
5232	under chapter 382 or in connection with the final disposition of
5233	a dead human body.
5234	(2)  Any ambiguity or dispute concerning the right of any
5235	legally authorized person to provide authorization under this
5236	chapter or the validity of any documentation purporting to grant
5237	that authorization shall be resolved by a court of competent
5238	jurisdiction.
5239	Section 88.  Section 470.0295, Florida Statutes, is
5240	renumbered as section 497.384, Florida Statutes, and amended to
5241	read:
5242	497.384 470.0295  Disinterment; transportation;
5243	authorization and notification.--
5244	(1)  The disinterment and reinterment of human remains
5245	shall require the physical presence of a licensed funeral
5246	director, unless the reinterment is to be made in the same
5247	cemetery.
5248	(2)  In order to ensure that any disinterment or
5249	transportation of a dead human body is conducted in a manner
5250	that properly protects the public health, safety, and welfare,
5251	the licensing authority board may adopt rules to regulate the
5252	disinterment and transportation of human remains.
5253	(3)  The funeral director shall obtain written
5254	authorization from a legally authorized person or a court of
5255	competent jurisdiction prior to the disinterment and reinterment
5256	of a dead human body.
5257	(4)  Notification must be provided licensing authority to
5258	the board and department as provided in s. 497.382 470.029.
5259	(5)  The removal of human remains from a designated
5260	temporary storage area to a place of permanent burial within a
5261	cemetery shall not be considered a disinterment or reinterment.
5262	Section 89.  Section 470.0301, Florida Statutes, is
5263	renumbered as section 497.385, Florida Statutes, and amended to
5264	read:
5265	497.385 470.0301  Removal services; refrigeration
5266	facilities; centralized embalming facilities.--In order to
5267	ensure that the removal, refrigeration, and embalming of all
5268	dead human bodies is conducted in a manner that properly
5269	protects the public's health and safety, the licensing authority
5270	board shall adopt rules to provide for the licensure
5271	registration of removal services, refrigeration facilities, and
5272	centralized embalming facilities operated independently of
5273	funeral establishments, direct disposal establishments, and
5274	cinerator facilities.
5275	(1)  REMOVAL SERVICES AND REFRIGERATION SERVICES.--
5276	(a)  Application for licensure registration of a removal
5277	service or a refrigeration service shall be made using forms and
5278	procedures as specified by rule on forms furnished by the
5279	department, shall be accompanied by a nonrefundable fee not to
5280	exceed $300 as set by licensing authority board rule, and shall
5281	include the name of the business owner, manager in charge,
5282	business address, and copies of occupational and other local
5283	permits.
5284	(b)  The licensing authority board shall set by rule
5285	requirements for licensure registration of removal services and
5286	refrigeration services.
5287	(c)  The licensure Registration shall be renewed biennially
5288	pursuant to procedures and upon payment of a nonrefundable fee
5289	not to exceed $300 as set by licensing authority board rule. The
5290	licensing authority board may also establish by rule a late
5291	renewal penalty fee not to exceed $50 per day. Any licensure
5292	registration not renewed within 30 days after its renewal date
5293	shall expire without further action by the department.
5294	(d)  Each business located at a specific address shall be
5295	deemed to be a separate entity and shall require separate
5296	licensure registration and compliance with the requirements of
5297	this chapter.
5298	(e)  Every licensee registrant under this section shall at
5299	all times be subject to the inspection of all its buildings,
5300	grounds, and vehicles used in the conduct of its business, by
5301	the department or any of its designated representatives or
5302	agents, or local or Department of Health inspectors. The
5303	licensing authority board shall by rule establish requirements
5304	for inspection of removal services and refrigeration services.
5305	(f)  The licensing authority board shall set by rule an
5306	annual inspection fee not to exceed $300 $100, payable upon
5307	application for licensure registration and upon each renewal of
5308	such licensure registration.
5309	(g)  A change in ownership shall be promptly reported using
5310	forms and procedures specified by rule to the department and may
5311	require the relicensure of the licensee registrant, including
5312	reinspection and payment of applicable fees, as required by
5313	rule.
5314	(h)  The licensing authority board may deny, suspend, or
5315	revoke the licensure registration if any person identified in
5316	the application has ever been disciplined by a regulatory agency
5317	in any jurisdiction for any offense that would constitute a
5318	violation of this chapter. The licensing authority board may
5319	deny, suspend, or revoke the license of registration if any
5320	person identified in the application who has been convicted or
5321	found guilty of, or entered a plea of nolo contendere to,
5322	regardless of adjudication, a crime in any jurisdiction that
5323	directly relates to the ability to operate a removal service or
5324	refrigeration service.
5325	(i)  Each business must display at the public entrance the
5326	name of the establishment and the name of the full-time manager
5327	in charge. Each licensee registrant must transact its business
5328	under the name by which it is licensed registered with the
5329	licensing authority department.
5330	(j)  No person may conduct, maintain, manage, or operate a
5331	removal service or refrigeration service unless licensed
5332	registration for such service under this chapter has been issued
5333	by the department.
5334	(k)  Such removal services and refrigeration services may
5335	not enter into removal or refrigeration contracts with the
5336	general public.
5337	(2)  CENTRALIZED EMBALMING FACILITIES.--In order to ensure
5338	that all funeral establishments have access to embalming
5339	facilities that comply with all applicable health and safety
5340	requirements, the licensing authority board shall adopt rules to
5341	provide for the licensure registration and operation of
5342	centralized embalming facilities and shall require, at a
5343	minimum, the following:
5344	(a)  All centralized embalming facilities shall contain all
5345	of the equipment and meet all of the requirements that a
5346	preparation room located in a funeral establishment is required
5347	to meet, but such facilities shall not be required to comply
5348	with any of the other requirements for funeral establishments,
5349	as set forth in s. 497.380 470.024.
5350	(b)  Each licensed centralized embalming facility shall
5351	have at least one full-time embalmer in charge. The full-time
5352	embalmer in charge must have an active license and may not be
5353	the full-time embalmer in charge, full-time funeral director in
5354	charge, or full-time direct disposer in charge of any other
5355	establishment licensed under this chapter.
5356	(c)  Any person, regardless of whether such person is
5357	otherwise regulated by this chapter, may own such a facility,
5358	provided that such facility is operated in accordance with the
5359	rules established by the licensing authority board.
5360	(d)  A centralized embalming facility may only provide
5361	services to funeral establishments.
5362	(e)  The practice of embalming done at a centralized
5363	embalming facility shall only be practiced by an embalmer
5364	licensed under this chapter and shall be provided only to
5365	licensed funeral establishments.
5366	(f)  Application for licensure registration of a
5367	centralized embalming facility shall be made utilizing forms and
5368	procedures prescribed by rule on forms furnished by the
5369	department and shall be accompanied by a nonrefundable fee not
5370	to exceed $300 as set by licensing authority board rule, and
5371	licensure registration shall be renewed biennially pursuant to
5372	procedures and upon payment of a nonrefundable fee not to exceed
5373	$300 as set by licensing authority board rule. The licensing
5374	authority board may also establish by rule a late fee not to
5375	exceed $50 per day. Any licensure registration not renewed
5376	within 30 days after the renewal date shall expire without
5377	further action by the department.
5378	(g)  The licensing authority board shall set by rule an
5379	annual inspection fee not to exceed $300 $100, payable upon
5380	application for licensure registration and upon renewal of such
5381	licensure registration.
5382	(h)  The licensing authority board shall, by rule,
5383	establish operating procedures which shall require, at a
5384	minimum, that centralized embalming facilities maintain a system
5385	of identification of human remains received for embalming.
5386	Section 90.  Section 470.0315, Florida Statutes, is
5387	renumbered as section 497.386, Florida Statutes, and amended to
5388	read:
5389	497.386 470.0315  Storage, preservation, and transportation
5390	of human remains.--
5391	(1)  A person may not store or maintain human remains at
5392	any establishment or facility except an establishment or
5393	facility licensed or registered under this chapter or a health
5394	care facility, medical examiner's facility, morgue, or cemetery
5395	holding facility.
5396	(2)  A dead human body may not be held in any place or in
5397	transit over 24 hours after death or pending final disposition
5398	unless the body is maintained under refrigeration at a
5399	temperature of 40 degrees Fahrenheit or below or is embalmed or
5400	otherwise preserved in a manner approved by the licensing
5401	authority board in accordance with the provisions of this
5402	chapter.
5403	(3)  A dead human body transported by common carrier or any
5404	agency or individual authorized to carry dead human bodies must
5405	be placed in a carrying container adequate to prevent the
5406	seepage of fluids and escape of offensive odors. A dead human
5407	body may be transported only when accompanied by a properly
5408	completed burial-transit permit issued in accordance with the
5409	provisions of chapter 382.
5410	(4)  The licensing authority board shall establish by rule
5411	the minimal standards of acceptable and prevailing practices for
5412	the handling and storing of dead human bodies, provided that all
5413	human remains transported or stored must be completely covered
5414	and at all times treated with dignity and respect.
5415	(5)  A person who violates any provision of this section
5416	commits a misdemeanor of the first degree, punishable as
5417	provided in s. 775.082 or s. 775.083.
5418	Section 91.  Section 470.032, Florida Statutes, is
5419	renumbered as section 497.387, Florida Statutes, and amended to
5420	read:
5421	497.387 470.032  Unlawful to remove or embalm body without
5422	consent of proper official when crime is suspected.--It is
5423	unlawful for a licensee under this chapter or registrant to
5424	remove or embalm a dead human body when she or he has
5425	information indicating crime or violence of any sort in
5426	connection with the cause of death until permission of the
5427	medical examiner or other lawfully authorized official has first
5428	been obtained.
5429	Section 92.  Section 470.0355, Florida Statutes, is
5430	renumbered as section 497.388, Florida Statutes, and amended to
5431	read:
5432	497.388 470.0355  Identification of human remains.--
5433	(1)  PRIOR TO FINAL DISPOSITION.--
5434	(a)  The licensee or registrant in charge of the final
5435	disposition of dead human remains shall, prior to final
5436	disposition of such dead human remains, affix on the ankle or
5437	wrist of the deceased, and or in the casket or alternative
5438	container or cremation container, proper identification of the
5439	dead human remains. The identification or tag shall be encased
5440	in or consist of durable and long-lasting material containing
5441	the name, date of birth, and date of death, and social security
5442	number of the deceased, if available. If the dead human remains
5443	are cremated, proper identification shall be placed in the
5444	container or urn containing the remains.
5445	(b)(2)  Any licensee or registrant responsible for removal
5446	of dead human remains to any establishment, facility, or
5447	location shall ensure that the remains are identified by a tag
5448	or other means of identification that is affixed to the ankle or
5449	wrist of the deceased at the time the remains are removed from
5450	the place of death or other location.
5451	(c)(3)  Any licensee or registrant may rely on the
5452	representation of a legally authorized person to establish the
5453	identity of dead human remains.
5454	(2)  IN UNLICENSED CEMETERIES.--The identification of human
5455	remains interred in an unlicensed cemetery shall be the
5456	responsibility of the licensed funeral establishment in charge
5457	of the funeral arrangements for the deceased person. The
5458	licensed funeral establishment in charge of the funeral
5459	arrangements for the interment in an unlicensed cemetery of
5460	human remains shall place on the outer burial container,
5461	cremation internment container, or other container or on the
5462	inside of a crypt or niche a tag or permanent identifying mark
5463	containing the name of the decedent and the date of death, if
5464	available. The materials and locations of the tag or mark shall
5465	be more specifically described by rule of the licensing
5466	authority.
5467	(3)  IN LICENSED CEMETERIES.--Human remains at licensed
5468	cemeteries shall be identified as follows:
5469	(a)  Each licensed cemetery shall place on the outer burial
5470	container, cremation interment container, or other container or
5471	on the inside of a crypt or niche a tag or permanent identifying
5472	marker containing the name of the decedent and the date of
5473	death, if available. The materials and the location of the tag
5474	or marker shall be more specifically described by rule of the
5475	board.
5476	(b)  Each licensed cemetery may rely entirely on the
5477	identity stated on the burial transit permit or on the
5478	identification supplied by a person licensed under this chapter
5479	to establish the identity of the dead human remains delivered by
5480	such person for burial and shall not be liable for any
5481	differences between the identity shown on the burial transit
5482	permit or identification and the actual identity of the dead
5483	human remains delivered by such person and buried in the
5484	cemetery.
5485	(4)  DIRECT DISPOSAL ESTABLISHMENTS.--Direct disposal
5486	establishments shall establish a system of identification of
5487	human remains received which shall be designed to track the
5488	identity of the remains from the time of receipt until delivery
5489	of the remains to the authorized persons. This is in addition to
5490	the requirements for identification of human remains set forth
5491	in subsection (1). A copy of the identification procedures shall
5492	be available, upon request, to the department and legally
5493	authorized persons.
5494	Section 93.  Section 470.0375, Florida Statutes, is
5495	renumbered as section 497.389, Florida Statutes, and amended to
5496	read:
5497	497.389 470.0375  Funeral establishments; cash advance
5498	accounts; escrow refund accounts.--
5499	(1)  Funeral establishments may elect to maintain special,
5500	segregated bank accounts to be used in conjunction with making
5501	cash advances to vendors. The money in such accounts may be used
5502	by the funeral establishments to pay third-party vendors when
5503	such amounts must be paid before the funeral establishment has
5504	been paid by the purchaser.
5505	(2)  Funeral establishments may elect to maintain special,
5506	segregated escrow accounts to be used in conjunction with making
5507	cash refunds to their purchasers. A funeral establishment may
5508	deposit in such accounts any amounts paid by its purchasers that
5509	were in excess of the actual funeral costs incurred and cash
5510	advances made by the funeral establishment.
5511	Section 94.  Section 470.038, Florida Statutes, is
5512	renumbered as section 497.390, Florida Statutes, and amended to
5513	read:
5514	497.390 470.038  Reciprocity.--In order to ensure that
5515	funeral directors, embalmers, and direct disposers who are
5516	licensed or registered in this state may be considered for
5517	licensure or registration in other jurisdictions, the licensing
5518	authority board may enter into reciprocity agreements with other
5519	jurisdictions.
5520	Section 95.  Section 470.039, Florida Statutes, is
5521	renumbered as section 497.391, Florida Statutes, and amended to
5522	read:
5523	497.391 470.039  Exceptions.--
5524	(1)  Nothing in this chapter may be construed to limit the
5525	sale of caskets, alternative containers, outer burial
5526	containers, or funeral merchandise by any person on an at-need
5527	basis.
5528	(2)  Nothing in this chapter may be construed to override
5529	the written instructions or wishes of the deceased as to how his
5530	or her or his body is to be disposed of, if such instructions
5531	are reasonably available at the time of death.
5532	Section 96.  Section 470.0395, Florida Statutes, is
5533	renumbered as section 497.392, Florida Statutes, and amended to
5534	read:
5535	497.392 470.0395  Branch chapels.--Notwithstanding the
5536	provisions of s. 497.380 470.024, any licensed establishment
5537	operating a branch chapel on June 30, 1979, in accordance with
5538	the law then in effect, as determined by the licensing authority
5539	board, may continue to operate such branch chapel for the sole
5540	and exclusive purpose of providing and holding funeral services.
5541	Section 97.  Part IV of chapter 497, Florida Statutes,
5542	consisting of sections 497.450, 497.451, 497.452, 497.453,
5543	497.454, 497.455, 497.456, 497.457, 497.458, 497.459, 497.460,
5544	497.461, 497.462, 497.463, 497.464, 497.465, 497.466, and
5545	497.467, is created to read:
5546	PART IV
5547	PRENEED SALES
5548	Section 98.  Section 497.401, Florida Statutes, is
5549	renumbered as section 497.450, Florida Statutes, to read:
5550	497.450 497.401  Preneed sales; chapter exclusive;
5551	applicability of other laws.--Except as provided in this
5552	chapter, preneed funeral merchandise or service contract
5553	businesses and preneed burial merchandise or service contract
5554	businesses shall be governed by this chapter and shall be exempt
5555	from all provisions of the Florida Insurance Code.
5556	Section 99.  Section 497.403, Florida Statutes, is
5557	renumbered as section 497.451, Florida Statutes, to read:
5558	497.451 497.403  Insurance business not
5559	authorized.--Nothing in the Florida Insurance Code or this
5560	Nothing in the Florida Insurance Code or this chapter shall be
5561	deemed to authorize any preneed funeral merchandise or service
5562	contract business or any preneed burial merchandise or service
5563	business to transact any insurance business, other than that of
5564	preneed funeral merchandise or service insurance or preneed
5565	burial merchandise or service insurance, or otherwise to engage
5566	in any other type of insurance unless it is authorized under a
5567	certificate of authority issued under the provisions of the
5568	Florida Insurance Code. Any insurance business transacted under
5569	this section must comply with the provisions of s. 626.785.
5570	Section 100.  Section 497.405, Florida Statutes, is
5571	renumbered as section 497.452, Florida Statutes, and amended to
5572	read:
5573	497.452 497.405  Preneed license Certificate of authority
5574	required.--
5575	(1)(a)  No person, including any cemetery exempt under s.
5576	497.260 497.003, may sell, advertise to sell, or make an
5577	arrangement for a preneed contract without first having a valid
5578	preneed license certificate of authority.
5579	(b)  No person, including any cemetery exempt under s.
5580	497.260 497.003, may sell, advertise to sell, or make an
5581	arrangement for services, merchandise, or burial rights on a
5582	preneed basis unless such person is authorized pursuant to this
5583	chapter to provide such services, merchandise, or burial rights
5584	on an at-need basis.
5585	(2)(a)  No person may receive any funds for payment on a
5586	preneed contract who does not hold a valid preneed license
5587	certificate of authority.
5588	(b)  The provisions of paragraph (a) do not apply to a
5589	trust company operating pursuant to chapter 660, to a national
5590	or state bank holding trust powers, or to a federal or state
5591	savings and loan association having trust powers which company,
5592	bank, or association receives any money in trust pursuant to the
5593	sale of a preneed contract.
5594	(c)  The provisions of paragraph (a) do not apply to any
5595	Florida corporation existing under chapter 607 acting as a
5596	servicing agent hereunder in which the stock of such corporation
5597	is held by 100 or more persons licensed pursuant to part III of
5598	this chapter 470, provided no one stockholder holds, owns,
5599	votes, or has proxies for more than 5 percent of the issued
5600	stock of such corporation; provided the corporation has a
5601	blanket fidelity bond, covering all employees handling the
5602	funds, in the amount of $50,000 or more issued by a licensed
5603	insurance carrier in this state; and provided the corporation
5604	processes the funds directly to and from the trustee within the
5605	applicable time limits set forth in this chapter. The department
5606	may require any person claiming that the provisions of this
5607	paragraph exempt it from the provisions of paragraph (a) to
5608	demonstrate to the satisfaction of the department that it meets
5609	the requirements of this paragraph.
5610	(3)  No person may obtain a preneed license certificate of
5611	authority under this chapter for the preneed sale of merchandise
5612	or services unless such person or its agent, in the case of a
5613	corporate entity, holds a license as a funeral establishment, or
5614	cemetery company, or registration as a direct disposal
5615	establishment, or monument establishment under chapter 470.
5616	(4)  The provisions of this section do not apply to
5617	religious-institution-owned cemeteries exempt under s.
5618	497.260(1)(d) 497.003(1)(d), in counties with a population of at
5619	least 960,000 persons on July 1, 1996, with respect to the sale
5620	to the religious institution's members and their families of
5621	interment rights, mausoleums, crypts, cremation niches,
5622	cremation interment containers, vaults, liners, urns, memorials,
5623	vases, foundations, memorial bases, floral arrangements,
5624	monuments, markers, engraving, and the opening and closing of
5625	interment rights, mausoleums, crypts, and cremation niches, and
5626	cremation interment containers, if such cemeteries have engaged
5627	in the sale of preneed contracts prior to October 1, 1993, and
5628	maintain a positive net worth at the end of each fiscal year of
5629	the cemetery.
5630	Section 101.  Section 497.407, Florida Statutes, is
5631	renumbered as section 497.453, Florida Statutes, and amended to
5632	read:
5633	(Substantial rewording of section. See
5634	s. 497.407, F.S., for present text.)
5635	497.453  Application for preneed license, procedures and
5636	criteria; renewal; reports.--
5637	(1)  PRENEED LICENSE APPLICATION PROCEDURES.--
5638	(a)  A person seeking a license to enter into preneed
5639	contracts shall apply for such licensure using forms prescribed
5640	by rule.
5641	(b)  The application shall require the name, business
5642	address, residence address, date and place of birth or
5643	incorporation, and business phone number, of applicant and all
5644	principals of applicant. The application shall require the
5645	applicant's social security number, or if the applicant is an
5646	entity, its federal tax identification number.
5647	(c)  The application may require information as to the
5648	applicant's financial resources.
5649	(d)  The application may require information as to the
5650	educational and employment history of an individual applicant;
5651	and as to applicants that are not natural persons, the business
5652	and employment history of the applicant and principals of
5653	applicant.
5654	(e)  The application shall require the applicant to
5655	disclose whether the applicant or any of applicant's principals
5656	has ever been convicted or found guilty of, or entered a plea of
5657	nolo contendere to, regardless of adjudication, any crime in any
5658	jurisdiction.
5659	(f)  The application shall require the applicant to
5660	disclose whether the applicant or any of applicant's principals
5661	has ever had a license or the authority to practice a profession
5662	or occupation refused, suspended, fined, denied, or otherwise
5663	acted against or disciplined, by the licensing authority of any
5664	jurisdiction. A licensing authority's acceptance of a
5665	relinquishment of licensure, stipulation, consent order, or
5666	other settlement, offered in response to or in anticipation of
5667	the filing of charges against the license, shall be construed as
5668	action against the license.
5669	(g)  The application shall require the applicant and its
5670	principals to provide fingerprints in accordance with part I of
5671	this chapter.
5672	(h)  The application shall state the name and license
5673	number of the funeral establishment, cemetery company, direct
5674	disposal establishment, or monument establishment, under whose
5675	license the preneed application is made.
5676	(i)  The application shall state the types of preneed
5677	contracts proposed to be written.
5678	(j)  The application shall disclose the existence of all
5679	preneed contracts for service or merchandise entered into by the
5680	applicant, or by any other entity under common control with the
5681	applicant, without or prior to authorization under this section
5682	or predecessors to this section. As to each such contract the
5683	applicant shall disclose the name and address of the contract
5684	purchaser, the status of the contract, and what steps or
5685	measures the applicant has taken to ensure performance of
5686	unfulfilled contracts, setting forth the treatment and status of
5687	funds received from the customer in regard to the contract, and
5688	stating the name and address of any institution where such funds
5689	are deposited and the number used by the institution to identify
5690	the account. With respect to contracts entered into before
5691	January 1, 1983, an application to issue or renew a preneed
5692	license may not be denied solely on the basis of such
5693	disclosure. The purchaser of any such contract may not be
5694	required to liquidate the account if such account was
5695	established before July 1, 1965. Information disclosed may be
5696	used by the licensing authority to notify the contract purchaser
5697	and the institution in which such funds are deposited should the
5698	holder of a preneed be unable to fulfill the requirements of the
5699	contract.
5700	(k)  The application shall require the applicant to
5701	demonstrate that applicant complies and will comply with all
5702	requirements for preneed contract licensure under this chapter.
5703	(l)  The application may require any other information
5704	considered necessary by the department or board to meet its
5705	responsibilities under this chapter.
5706	(m)  The application shall be sworn to and signed by the
5707	applicant if a natural person, or by the president of an
5708	applicant that is not a natural person.
5709	(n)  The application shall be accompanied by a
5710	nonrefundable fee as determined by licensing authority rule but
5711	not to exceed $500.
5712	(2)  ACTION CONCERNING APPLICATIONS.--A duly completed
5713	application for licensure under this section, accompanied by the
5714	required fees, shall be approved and license issued, if the
5715	licensing authority determines that the following conditions are
5716	met:
5717	(a)  The application is made by a funeral establishment,
5718	cemetery company, direct disposal establishment, or monument
5719	establishment, or on behalf of one of the preceding licensees by
5720	its agent in the case of a corporate entity, licensed and in
5721	good standing under this chapter.
5722	(b)  Applicant meets net worth requirements specified by
5723	rule of the licensing authority.
5724	(c)  Applicant has and will have the ability to discharge
5725	her or his liabilities as they become due in the normal course
5726	of business, and has and will have sufficient funds available
5727	during the calendar year to perform her or his obligations under
5728	her or his contracts.
5729	(d)  If the applicant or any entity under common control
5730	with the applicant has entered into preneed contracts prior to
5731	being authorized to do so under the laws of this state:
5732	1.  The licensing authority determines that adequate
5733	provision has been made to ensure the performance of such
5734	contracts.
5735	2.  The licensing authority determines that the improper
5736	sale of such preneed contracts prior to authorization under this
5737	chapter does not indicate, under the facts of the particular
5738	application in issue, that applicant has a disregard of the laws
5739	of this state such as would expose the public to unreasonable
5740	risk if the applicant were issued a preneed license.
5741	3.  Nothing in this section shall imply any authorization
5742	to enter into preneed contracts without authorization under this
5743	chapter.
5744	(e)  Neither applicant nor applicant's principals have a
5745	demonstrated history of conducting their business affairs to the
5746	detriment of the public.
5747	(f)  Applicant and applicant's principals are of good
5748	character and have no demonstrated history of lack of
5749	trustworthiness or integrity in business or professional
5750	matters.
5751	(g)  The applicant does and will comply with all other
5752	requirements of this chapter relating to preneed licensure.
5753	(3)  ISSUANCE OF LICENSES ON PROBATIONARY STATUS.--It is
5754	the policy of this state to encourage competition for the public
5755	benefit in the preneed contract business by, among other means,
5756	the entry of new licensees into that business. To facilitate
5757	issuance of licenses concerning applications judged by the
5758	licensing authority to be borderline as to qualification for
5759	licensure, the licensing authority may issue a new license under
5760	this section on a probationary basis, subject to conditions
5761	specified by the licensing authority on a case-by-case basis,
5762	which conditions may impose special monitoring, reporting, and
5763	restrictions on operations for up to the first 12 months of
5764	licensure, to ensure the licensee's responsibleness, competency,
5765	financial stability, and compliance with this chapter. Provided,
5766	no such probationary license shall be issued unless the
5767	licensing authority determines that issuance would not pose an
5768	unreasonable risk to the public, and the licensing authority
5769	must within 12 months after issuance of the license either
5770	remove the probationary status or determine that the licensee is
5771	not qualified for licensure under this chapter and institute
5772	proceedings for revocation of licensure.
5773	(4)  CHANGE IN CONTROL SUBSEQUENT TO LICENSURE.--
5774	(a)  Each licensee under this section must provide notice
5775	as required by rule prior to any change in control of the
5776	licensee. Any such change is subject to disapproval or to
5777	reasonable conditions imposed by the licensing authority, for
5778	the protection of the public to ensure compliance with this
5779	chapter, based upon criteria established by rule, which criteria
5780	shall promote the purposes of this part in protecting the
5781	consumer.
5782	(b)  The licensing authority may authorize the transfer of
5783	a preneed license and establish by rule a fee for the transfer
5784	in an amount not to exceed $500. Upon receipt of an application
5785	for transfer, the executive director may grant a temporary
5786	preneed license to the proposed transferee, based upon criteria
5787	established by the licensing authority by rule, which criteria
5788	shall promote the purposes of this chapter in protecting the
5789	consumer. Such a temporary preneed license shall expire at the
5790	conclusion of the next regular meeting of the board unless
5791	renewed by the board. The licensing authority may by rule
5792	establish forms and procedures for the implementation of this
5793	paragraph.
5794	(5)  RENEWAL OF LICENSES.--
5795	(a)  A preneed license shall expire annually on June 1,
5796	unless renewed, or at such other time or times as may be
5797	provided by rule. The application for renewal of the license
5798	shall be on forms prescribed by rule and shall be accompanied a
5799	renewal fee as specified in paragraph (c).
5800	(b)  Within 3 months after the end of its fiscal period, or
5801	within an extension of time therefore, as the department for
5802	good cause may grant, the licensee shall file with the
5803	department a full and true statement of her or his financial
5804	condition, transactions, and affairs, prepared on a basis as
5805	adopted by rule, as of the end of the preceding fiscal period or
5806	at such other time or times as may be required by rule, together
5807	with such other information and data which may be required by
5808	rule. To facilitate uniformity in financial statements and to
5809	facilitate department analysis, there may be adopted by rule a
5810	form for financial statements.
5811	(c)  Each annual application for renewal of a preneed
5812	license shall be accompanied by the appropriate fee as follows:
5813	1.  For a preneed licensee with no preneed contract sales
5814	during the immediately preceding year....................$ 300.
5815	2.  For a preneed licensee with at least 1 but fewer than
5816	50 preneed contract sales during the immediately preceding
5817	year......................................................$400.
5818	3.  For a preneed licensee with at least 50 but fewer than
5819	250 preneed contract sales during the immediately preceding
5820	year......................................................$500.
5821	4.  For a preneed licensee with at least 250 but fewer than
5822	1,000 preneed contract sales during the immediately preceding
5823	year......................................................$850.
5824	5.  For a preneed licensee with at least 1,000 but fewer
5825	than 2,500 preneed contract sales during the immediately
5826	preceding year..........................................$1,500.
5827	6.  For a preneed licensee with at least 2,500 but fewer
5828	than 5,000 preneed contract sales during the immediately
5829	preceding year..........................................$2,500.
5830	7.  For a preneed licensee with at least 5,000 but fewer
5831	than 15,000 preneed contract sales during the immediately
5832	preceding year..........................................$6,000.
5833	8.  For a preneed licensee with at least 15,000 but fewer
5834	than 30,000 preneed contract sales during the immediately
5835	preceding year.........................................$12,500.
5836	9.  For a preneed licensee with 30,000 preneed contract
5837	sales or more during the immediately preceding
5838	year...................................................$18,500.
5839	(d)  An application for renewal shall disclose the
5840	existence of all preneed contracts for service or merchandise
5841	funded by any method other than a method permitted by this
5842	chapter, which contracts are known to the applicant and were
5843	entered into by the applicant, or any other entity under common
5844	control with the applicant, during the annual license period
5845	then ending. Such disclosure shall include the name and address
5846	of the contract purchaser, the name and address of the
5847	institution where such funds are deposited, and the number used
5848	by the institution to identify the account.
5849	(e)  In addition to any other penalty that may be provided
5850	for under this chapter, there may be levied a late fee as
5851	determined by licensing authority rule but not to exceed $50 a
5852	day for each day the preneed licensee fails to file its annual
5853	statement, and there may be levied a late fee as determined by
5854	licensing authority rule but not to exceed $50 a day for each
5855	day the preneed licensee fails to file the statement of
5856	activities of the trust. Upon notice to the preneed licensee by
5857	the department that the preneed licensee has failed to file the
5858	annual statement or the statement of activities of the trust,
5859	the preneed licensee's authority to sell preneed contracts shall
5860	cease while such default continues.
5861	(6)  QUARTERLY PAYMENTS.--In addition to other amounts
5862	required to be paid by this section, each preneed licensee shall
5863	pay to the Regulatory Trust Fund an amount established by rule
5864	not to exceed $10 for each preneed contract entered into. This
5865	amount must be paid within 60 days after the end of each
5866	quarter. These funds must be used to defray the cost of in
5867	administering the provisions of this part.
5868	(7)  BRANCH OPERATIONS AND LICENSURE.--
5869	(a)  Any person or entity that is part of a common business
5870	enterprise that has a preneed license issued pursuant to this
5871	section and desires to operate under a name other than that of
5872	the common business enterprise, may submit an application on a
5873	form adopted by rule to become a branch licensee. The
5874	application shall be accompanied by an application fee as
5875	determined by licensing authority rule but not to exceed $300.
5876	(b)  Upon a determination that such applicant qualifies to
5877	sell preneed contracts under this part except for the
5878	requirements of paragraph (2)(c), and if the preneed licensee
5879	meets the requirements of such paragraph and is in compliance
5880	with all requirements of this part regarding its preneed license
5881	and operations thereunder, a branch license shall be issued.
5882	(c)  Branch licenses shall be renewed annually by payment
5883	of a renewal fee set by licensing authority rule and not to
5884	exceed $300. Branch licenses may be renewed only so long as the
5885	preneed license of the sponsoring preneed licensee remains in
5886	good standing.
5887	(d)  Violations of this part by the branch shall be deemed
5888	to be violations of this part by its sponsoring preneed
5889	licensee, unless the licensing authority determines that
5890	extenuating circumstances indicate that it would be unjust to
5891	attribute the branch's misconduct to the sponsoring preneed
5892	licensee. Preneed sales of the branch shall be deemed to be
5893	sales of the sponsoring licensee for purposes of renewal fees
5894	and trust requirements under this chapter.
5895	(e)  The sponsoring preneed licensee shall be responsible
5896	for performance of preneed contracts entered into by its
5897	branches if the branch does not timely fulfill any such
5898	contract.
5899	(8)  ANNUAL TRUST REPORTS.--On or before April 1 of each
5900	year, the preneed licensee shall file in the form prescribed by
5901	rule a full and true statement as to the activities of any trust
5902	established by it pursuant to this part for the preceding
5903	calendar year.
5904	(9)  DEPOSIT OF FUNDS.--All sums collected under this
5905	section shall be deposited to the credit of the Regulatory Trust
5906	Fund.
5907	Section 102.  Section 497.409, Florida Statutes, is
5908	renumbered as section 497.454, Florida Statutes, and amended to
5909	read:
5910	497.454 497.409  Approval of preneed contract and related
5911	forms.--
5912	(1)  Preneed contract forms and related forms shall be
5913	filed with and approved by the licensing authority prior to use,
5914	pursuant to procedures specified by rule board. The licensing
5915	authority board may not approve any preneed contract form that
5916	does not provide for sequential prenumbering thereon.
5917	(2)  A form filed for approval under this section shall be
5918	approved unless it is determined that it:
5919	(a)  Is in any respect in violation of, or does not comply
5920	with, this chapter.
5921	(b)  Contains, or incorporates by reference any
5922	inconsistent, ambiguous, or misleading clauses, or exceptions
5923	and conditions which deceptively affect the benefits purportedly
5924	provided to the customer in the general terms of the contract.
5925	(c)  Has any title, heading, or other indication of its
5926	contents which is misleading.
5927	(d)  Is printed or otherwise reproduced in such manner as
5928	to render any material provision substantially illegible, or
5929	contains variations in print size which de-emphasize provisions
5930	which limit or restrict the customers rights under the contract.
5931	(e)  Contains provisions that are unfair or inequitable or
5932	contrary to the public policy of this state or that encourage
5933	misrepresentation.
5934	(f)  Does not provide for the specification in reasonable
5935	detail of the type, size, and design of merchandise and the
5936	description of service to be delivered or performed.
5937	(3)(2)  Specific disclosure regarding the preneed
5938	licensee's certificateholder's ability to select either trust
5939	funding or the financial responsibility alternative as set forth
5940	in s. 497.461 497.423 or s. 497.425 in connection with the
5941	receipt of preneed contract proceeds is required in the preneed
5942	contract.
5943	Section 103.  Section 497.411, Florida Statutes, is
5944	renumbered as section 497.455, Florida Statutes, and amended to
5945	read:
5946	497.455 497.411  Nonconforming contracts.--Any preneed
5947	contract that requires the moneys paid to the seller or trustee
5948	to be placed in trust and fails to comply with s. 497.458
5949	497.417 shall comply with and be construed under s. 497.464
5950	497.429.
5951	Section 104.  Section 497.413, Florida Statutes, is
5952	renumbered as section 497.456, Florida Statutes, and amended to
5953	read:
5954	497.456 497.413  Preneed Funeral Contract Consumer
5955	Protection Trust Fund.--
5956	(1)  There is hereby created in the department the Preneed
5957	Funeral Contract Consumer Protection Trust Fund to be
5958	administered and regulated by the licensing authority board.
5959	(2)  Within 60 days after the end of each calendar quarter,
5960	for each preneed contract written during the quarter and not
5961	canceled within 30 days after the date of the execution of the
5962	contract, each preneed licensee certificateholder, whether
5963	funding preneed contracts by the sale of insurance or by
5964	establishing a trust pursuant to s. 497.458 or s. 497.464
5965	497.417 or s. 497.429, shall remit the sum of $2.50 for each
5966	preneed contract having a purchase price of $1,500 or less, and
5967	the sum of $5 for each preneed contract having a purchase price
5968	in excess of $1,500; and each preneed licensee certificateholder
5969	utilizing s. 497.461 or s. 497.462 497.423 or s. 497.425 shall
5970	remit the sum of $5 for each preneed contract having a purchase
5971	price of $1,500 or less, and the sum of $10 for each preneed
5972	contract having a purchase price in excess of $1,500.
5973	(3)  In addition to the amounts specified in subsection
5974	(2), each remittance shall contain such other additional
5975	information as needed by the licensing authority board to carry
5976	out its responsibilities under this chapter and as prescribed by
5977	rule of the board.
5978	(4)  All funds received by the licensing authority board or
5979	the department pursuant to this section shall be deposited into
5980	the Preneed Funeral Contract Consumer Protection Trust Fund.
5981	(5)  The amounts remitted for deposit into the Preneed
5982	Funeral Contract Consumer Protection Trust Fund shall not be
5983	deemed proceeds from the sale of a preneed contract within the
5984	meaning of this chapter.
5985	(6)  Upon the commencement of a delinquency proceeding
5986	pursuant to this chapter against a preneed licensee
5987	certificateholder, the licensing authority board may use up to
5988	50 percent of the balance of the trust fund not already
5989	committed to a prior delinquency proceeding solely for the
5990	purpose of providing restitution to preneed contract purchasers
5991	and their estates due to a preneed licensee's
5992	certificateholder's failure to provide the benefits of a preneed
5993	contract or failure to refund the appropriate principal amount
5994	by reason of cancellation thereof. The balance of the trust fund
5995	shall be determined as of the date of the delinquency
5996	proceeding.
5997	(7)  In any situation in which a delinquency proceeding has
5998	not commenced, the licensing authority board may, in its
5999	discretion, use the trust fund for the purpose of providing
6000	restitution to any consumer, owner, or beneficiary of a preneed
6001	contract or similar regulated arrangement under this chapter
6002	entered into after June 30, 1977. If, after investigation, the
6003	licensing authority board determines that a preneed licensee
6004	certificateholder has breached a preneed contract by failing to
6005	provide benefits or an appropriate refund, or that a provider,
6006	who is a former preneed licensee certificateholder or an
6007	establishment which has been regulated under this chapter or
6008	chapter 470, has sold a preneed contract and has failed to
6009	fulfill the arrangement or provide the appropriate refund, and
6010	such preneed licensee certificateholder or provider does not
6011	provide or does not possess adequate funds to provide
6012	appropriate refunds, payments from the trust fund may be
6013	authorized by the licensing authority board. In considering
6014	whether payments shall be made or when considering who will be
6015	responsible for such payments, the licensing authority board
6016	shall consider whether the preneed licensee certificateholder or
6017	previous provider has been acquired by a successor who is or
6018	should be responsible for the liabilities of the defaulting
6019	entity. With respect to preneed contracts funded by life
6020	insurance, payments from the fund shall be made: if the insurer
6021	is insolvent, but only to the extent that funds are not
6022	available through the liquidation proceeding of the insurer; or
6023	if the preneed licensee certificateholder is unable to perform
6024	under the contract and the insurance proceeds are not sufficient
6025	to cover the cost of the merchandise and services contracted
6026	for. In no event shall the licensing authority board approve
6027	payments in excess of the insurance policy limits unless it
6028	determines that at the time of sale of the preneed contract, the
6029	insurance policy would have paid for the services and
6030	merchandise contracted for. Such monetary relief shall be in an
6031	amount as the licensing authority board may determine and shall
6032	be payable in such manner and upon such conditions and terms as
6033	the licensing authority board may prescribe. However, with
6034	respect to preneed contracts to be funded pursuant to s.
6035	497.458, s. 497.459, s. 497.461, or s. 497.462 s. 497.417, s.
6036	497.419, s. 497.423, or s. 497.425, any restitution made
6037	pursuant to this subsection shall not exceed, as to any single
6038	contract or arrangement, the lesser of the gross amount paid
6039	under the contract or 4 percent of the uncommitted assets of the
6040	trust fund. With respect to preneed contracts funded by life
6041	insurance policies, any restitution shall not exceed, as to any
6042	single contract or arrangement, the lesser of the face amount of
6043	the policy, the actual cost of the arrangement contracted for,
6044	or 4 percent of the uncommitted assets of the trust fund. The
6045	total of all restitutions made to all applicants under this
6046	subsection in a single fiscal year shall not exceed the greater
6047	of 30 percent of the uncommitted assets of the trust fund as of
6048	the end of the most recent fiscal year or $120,000. The
6049	department may use moneys in the trust fund to contract with
6050	independent vendors pursuant to chapter 287 to administer the
6051	requirements of this subsection.
6052	(8)  All moneys deposited in the Preneed Funeral Contract
6053	Consumer Protection Trust Fund together with all accumulated
6054	income shall be used only for the purposes expressed authorized
6055	by this chapter in this section and shall not be subject to any
6056	liens, charges, judgments, garnishments, or other creditor's
6057	claims against the preneed licensee certificateholder, any
6058	trustee utilized by the preneed licensee certificateholder, any
6059	company providing a surety bond as specified in this chapter, or
6060	any purchaser of a preneed contract. No preneed contract
6061	purchaser shall have any vested rights in the trust fund.
6062	(9)  If restitution is paid to a preneed contract purchaser
6063	or her or his estate in accordance with this section, the amount
6064	of restitution paid shall not exceed the gross amount of the
6065	principal payments made by the purchaser on its contract.
6066	(10)  Whenever the licensing authority board makes payments
6067	from the trust fund to a purchaser or its estate, the licensing
6068	authority board shall be subrogated to the purchaser's rights
6069	under the contract, and any amounts so collected by the
6070	licensing authority board shall be deposited in the Preneed
6071	Funeral Contract Consumer Protection Trust Fund.
6072	(11)  No person shall make, publish, disseminate,
6073	circulate, or place before the public, or cause, directly or
6074	indirectly, to be made, published, disseminated, circulated, or
6075	placed before the public, in a newspaper, magazine, or other
6076	publication, or in the form of a notice, circular, pamphlet,
6077	letter, or poster, or over any radio station or television
6078	station, or in any other way, any advertisement, announcement,
6079	or statement which uses the existence of the Preneed Funeral
6080	Contract Consumer Protection Trust Fund for the purpose of
6081	sales, solicitation, or inducement to purchase any form of
6082	preneed contract covered under this chapter.
6083	(12)  Notwithstanding the fee structure in subsection (2),
6084	the department shall review the status of the trust fund
6085	annually, and if it determines that the uncommitted trust fund
6086	balance exceeds $1 million, the licensing authority board may by
6087	rule lower the required payments to the trust fund to an amount
6088	not less than $1 per preneed contract.
6089	(13)  Regarding the Preneed Funeral Contract Consumer
6090	Protection Trust Fund, the licensing authority shall have
6091	authority to adopt rules for the implementation of this section,
6092	including:
6093	(a)  Forms to be used in filing claims against the trust
6094	fund.
6095	(b)  Procedures to be used for filing claims against the
6096	trust fund.
6097	(c)  Information and supporting documentation that must be
6098	provided by claimants to support claims against the trust fund.
6099	(d)  Procedures for the investigation of claims against the
6100	trust fund.
6101	(e)  Criteria to be used in determining whether a claim is
6102	allowable and in what amount.
6103	(f)  Forms and procedures to be used by preneed licensees
6104	in making remittances to the trust fund required by this
6105	chapter.
6106	Section 105.  Section 497.415, Florida Statutes, is
6107	renumbered as section 497.457, Florida Statutes, and amended to
6108	read:
6109	497.457 497.415  Ownership of proceeds received on
6110	contracts.--
6111	(1)  Subject to the provisions of this chapter, all funds
6112	paid pursuant to a preneed contract by a purchaser to a preneed
6113	licensee certificateholder shall be the sole property of, and
6114	within the full dominion and control of, said preneed licensee
6115	certificateholder.
6116	(2)  Subject to the provisions of this chapter, the
6117	relationship between the purchaser of a preneed contract and a
6118	preneed licensee certificateholder shall be deemed for all
6119	purposes as a debtor-creditor relationship.
6120	Section 106.  Section 497.417, Florida Statutes, is
6121	renumbered as section 497.458, Florida Statutes, and amended to
6122	read:
6123	497.458 497.417  Disposition of proceeds received on
6124	contracts.--
6125	(1)(a)  Any person who is paid, collects, or receives funds
6126	under a preneed contract for funeral services or merchandise or
6127	burial services or merchandise shall deposit an amount at least
6128	equal to the sum of 70 percent of the purchase price collected
6129	for all services sold and facilities rented; 100 percent of the
6130	purchase price collected for all cash advance items sold; and 30
6131	percent of the purchase price collected or 110 percent of the
6132	wholesale cost, whichever is greater, for each item of
6133	merchandise sold.
6134	(b)  The method of determining wholesale cost shall be
6135	established by rule of the licensing authority board and shall
6136	be based upon the preneed licensee's certificateholder's stated
6137	wholesale cost for the 12-month period beginning July 1 during
6138	which the initial deposit to the preneed trust fund for the
6139	preneed contract is made.
6140	(c)  Such deposits shall be made within 30 days after the
6141	end of the calendar month in which payment is received, under
6142	the terms of a revocable trust instrument entered into with a
6143	trust company operating pursuant to chapter 660, with a national
6144	or state bank holding trust powers, or with a federal or state
6145	savings and loan association holding trust powers.
6146	(d)  The trustee shall take title to the property conveyed
6147	to the trust for the purpose of investing, protecting, and
6148	conserving it for the preneed licensee certificateholder;
6149	collecting income; and distributing the principal and income as
6150	prescribed in this chapter. The preneed licensee
6151	certificateholder is prohibited from sharing in the discharge of
6152	these responsibilities, except that the preneed licensee
6153	certificateholder may request the trustee to invest in tax-free
6154	investments and may appoint an adviser to the trustee. The
6155	licensing authority may adopt rules limiting or otherwise
6156	specifying the degree to which the trustee may rely on the
6157	investment advice of an investment adviser appointed by the
6158	preneed licensee. The licensing authority may adopt rules
6159	limiting or prohibiting payment of fees by the trust to
6160	investment advisors that are employees or principals of the
6161	licensee to whom the trust fund relates.
6162	(e)  The trust agreement shall be submitted to the
6163	licensing authority board for approval and filing prior to use.
6164	The licensing authority may adopt rules specifying procedures
6165	and establishing criteria and requirements not inconsistent with
6166	this chapter for approval of trusts submitted under this
6167	paragraph.
6168	(f)  The deposited funds shall be held in trust, both as to
6169	principal and income earned thereon, and shall remain intact,
6170	except that the cost of the operation of the trust or trust
6171	account authorized by this section may be deducted from the
6172	income earned thereon.
6173	(g)  The preneed contract purchaser shall have no interest
6174	whatsoever in, or power whatsoever over, funds deposited in
6175	trust pursuant to this section.
6176	(h)  In no event may said funds be loaned to a preneed
6177	licensee certificateholder, an affiliate of a preneed licensee
6178	certificateholder, or any person directly or indirectly engaged
6179	in the burial, funeral home, or cemetery business.
6180	(i)  Furthermore, The preneed licensee's
6181	certificateholder's interest in said trust shall not be pledged
6182	as collateral for any loans, debts, or liabilities of the
6183	preneed licensee certificateholder and shall not be transferred
6184	to any person without the prior written approval from the
6185	department and the trustee which shall not be unreasonably
6186	withheld.
6187	(j)  Even though the preneed licensee certificateholder
6188	shall be deemed and treated as the settlor and beneficiary of
6189	said trust for all purposes, all of said trust funds are exempt
6190	from all claims of creditors of the preneed licensee
6191	certificateholder except as to the claims of the preneed
6192	contract purchaser, her or his representative, the board, or the
6193	department.
6194	(2)  Except as provided in s. 497.283 497.337, the delivery
6195	of funeral merchandise before the death of the person for whom
6196	it is purchased does not constitute performance or fulfillment,
6197	either wholly or in part, of any preneed contract entered into
6198	after July 1, 1977.
6199	(3)(a)  The trustee shall make regular valuations of assets
6200	it holds in trust and provide a report of such valuations to the
6201	preneed licensee certificateholder at least quarterly.
6202	(b)  Any person who withdraws appreciation in the value of
6203	trust, other than the pro rata portion of such appreciation
6204	which may be withdrawn upon the death of a contract beneficiary
6205	or upon cancellation of a preneed contract, shall be required to
6206	make additional deposits from her or his own funds to restore
6207	the aggregate value of assets to the value of funds deposited in
6208	trust, but excluding from the funds deposited those funds paid
6209	out upon preneed contracts which such person has fully performed
6210	or which have been otherwise withdrawn, as provided for in this
6211	chapter.
6212	(c)  The preneed licensee certificateholder shall be liable
6213	to third parties to the extent that income from the trust is not
6214	sufficient to pay the expenses of the trust.
6215	(4)(a)  Trust funds shall not be invested in or loaned to
6216	or for the benefit of any business venture in which the preneed
6217	licensee, its principals, or persons related by blood or
6218	marriage to the licensee or its principals, have a direct or
6219	indirect interest, without the prior approval of the licensing
6220	authority.
6221	(b)  Trust funds shall not be loaned to or for the benefit
6222	of the preneed licensee, its principals, or persons related by
6223	blood or marriage to the licensee or its principals, without the
6224	prior approval of the licensing authority.
6225	(c)  No approval of such loans or investments shall be
6226	given unless it be shown by clear and convincing evidence that
6227	such loan or investment would be in the interest of the preneed
6228	contract holders whose contracts are secured by the trust funds.
6229	(d)  The licensing authority may adopt rules exempting from
6230	the prohibition of this subsection, pursuant to criteria
6231	established in such rule, the investment of trust funds in
6232	investments, such as widely and publicly traded stocks and
6233	bonds, notwithstanding that the licensee, its principals, or
6234	persons related by blood or marriage to the licensee or its
6235	principals have an interest by investment in the same entity,
6236	where neither the licensee, its principals, or persons related
6237	by blood or marriage to the licensee or its principals, have the
6238	ability to control the entity invested in, and it would be in
6239	the interest of the preneed contract holders whose contracts are
6240	secured by the trust funds, to allow the investment.
6241	(5)(4)  The trustee of the trust established pursuant to
6242	this section shall only have the power to:
6243	(a)  Invest in investments as prescribed in s. 215.47 and
6244	exercise the powers set forth in part IV of chapter 737,
6245	provided that the licensing authority board may by order require
6246	the trustee to liquidate or dispose of any investment within 30
6247	days after such order, or within such other times as the order
6248	may direct. The licensing authority may issue such order if it
6249	determines that the investment violates any provision of this
6250	chapter or is not in the best interests of the preneed contract
6251	holders whose contracts are secured by the trust funds.
6252	(b)  Borrow money up to an aggregate amount of 10 percent
6253	of trust assets, at interest rates then prevailing from any
6254	individual, bank, insurance company, or other source,
6255	irrespective of whether any such person is then acting as
6256	trustee, and to create security interests in no more than 10
6257	percent of trust assets by mortgage, pledge, or otherwise, upon
6258	the terms and conditions and for such purposes as the trustee
6259	may deem advisable.
6260	(c)  Commingle the property of the trust with the property
6261	of any other trust established pursuant to this chapter and make
6262	corresponding allocations and divisions of assets, liabilities,
6263	income, and expenses.
6264	(6)(5)  The preneed licensee certificateholder, at her or
6265	his election, shall have the right and power, at any time, to
6266	revest in it title to the trust assets, or its pro rata share
6267	thereof, provided it has complied with s. 497.461.:
6268	(a)  Section 497.423;
6269	(b)  Contracts written prior to July 1, 2001, under s.
6270	497.425; or
6271	(c)  Contracts written prior to December 31, 2004, under s.
6272	497.425 for any certificateholder authorized to do business in
6273	this state that has total bonded liability exceeding $100
6274	million as of July 1, 2001.
6275	(7)(6)  Notwithstanding anything contained in this chapter
6276	to the contrary, the preneed licensee certificateholder, via its
6277	election to sell or offer for sale preneed contracts subject to
6278	this section, shall represent and warrant, and is hereby deemed
6279	to have done such, to all federal and Florida taxing
6280	authorities, as well as to all potential and actual preneed
6281	contract purchasers, that:
6282	(a)  Section 497.461 497.423 is a viable option available
6283	to it at any and all relevant times;
6284	(b)  Section 497.462 497.425 is a viable option available
6285	to it at any and all relevant times for contracts written prior
6286	to July 1, 2001, for funds not held in trust as of July 1, 2001;
6287	or
6288	(c)  For any preneed licensee certificateholder authorized
6289	to do business in this state that has total bonded liability
6290	exceeding $100 million as of July 1, 2001, s. 497.462 497.425 is
6291	a viable option to it at any and all relevant times for
6292	contracts written prior to December 31, 2004, for funds not held
6293	in trust as of July 1, 2001.
6294	(8)(7)  If in the preneed licensee's certificateholder's
6295	opinion it does not have the ability to select the financial
6296	responsibility alternative of s. 497.461 or s. 497.462 497.423
6297	or s. 497.425, then the preneed license it shall not have the
6298	right to sell or solicit preneed contracts pursuant to this
6299	section.
6300	(9)  The amounts required to be placed in trust by this
6301	section for contracts previously entered into shall be as
6302	follows:
6303	(a)  For contracts entered into before October 1, 1993, the
6304	trust amounts as amended by s. 6, chapter 83-816, Laws of
6305	Florida, shall apply.
6306	(b)  For contracts entered into on or after October 1,
6307	1993, the trust amounts as amended by s. 98, chapter 93-399,
6308	Laws of Florida, shall apply.
6309	(8)  This section, as amended by s. 6, chapter 83-316, Laws
6310	of Florida, applies to preneed contracts entered into before
6311	October 1, 1993, and as amended by s. 98, chapter 93-399, Laws
6312	of Florida, applies to preneed contracts entered into on or
6313	after October 1, 1993.
6314	Section 107.  Section 497.419, Florida Statutes, is
6315	renumbered as section 497.459, Florida Statutes, and amended to
6316	read:
6317	497.459 497.419  Cancellation of, or default on, preneed
6318	contracts.--
6319	(1)  CANCELLATION BY CUSTOMER WITHIN 30 DAYS.--A purchaser,
6320	by providing written notice to the preneed licensee
6321	certificateholder, may cancel a preneed contract within 30 days
6322	after of the date that the contract was executed provided that
6323	the burial rights, merchandise and services have not yet been
6324	used. Upon providing such notice, the purchaser shall be
6325	entitled to a complete refund of the amount paid, except for the
6326	amount allocable to any burial rights, merchandise or services
6327	that have been used, and shall be released from all obligations
6328	under the contract. This subsection shall apply to all items
6329	that are purchased as part of a preneed contract, including
6330	burial rights, regardless of whether such burial rights are
6331	purchased as part of a preneed contract or purchased separately.
6332	(2)  CANCELLATION BY PURCHASER AFTER 30 DAYS.--
6333	(a)  A purchaser, by providing written notice to the
6334	preneed licensee certificateholder, may cancel the services,
6335	facilities, and cash advance items portions of a preneed
6336	contract at any time, and shall be entitled to a full refund of
6337	the purchase price allocable to such items. Any accumulated
6338	earnings allocable to such preneed contract shall be paid to the
6339	preneed licensee certificateholder upon such cancellation.
6340	(b)(3)  Subject to subparagraphs 1. and 2., paragraphs (a)
6341	and (b) a purchaser may cancel the merchandise portion of a
6342	preneed contract by providing written notice to the preneed
6343	licensee certificateholder, and shall be entitled to a full
6344	refund of the purchase price allocable to the specific item or
6345	items of merchandise that the preneed licensee certificateholder
6346	cannot or does not deliver in accordance with this subsection.
6347	1.(a)  Such refund shall be provided only if at the time
6348	that the preneed licensee certificateholder is required to
6349	fulfill its obligations under the preneed contract the preneed
6350	licensee certificateholder does not or cannot comply with the
6351	terms of the contract by actually delivering the merchandise,
6352	within a reasonable time, depending upon the nature of the
6353	merchandise purchased, after having been requested to do so.
6354	2.(b)  In order to fulfill its obligations under the
6355	preneed contract, a preneed licensee certificateholder may elect
6356	either or both of the following options:
6357	a.1.  Subcontract with a person located outside the preneed
6358	licensee's certificateholder's market area to provide the
6359	merchandise; or
6360	b.2.  Provide other items of equal or greater quality.
6361	(3)(4)  REQUIRED DISCLOSURE.--Each preneed licensee
6362	certificateholder shall provide in conspicuous type in its
6363	contract that the contract purchaser may cancel the contract and
6364	receive a full refund within 30 days after of the date of
6365	execution of the contract. The failure to make such provision
6366	shall not impair the contract purchaser's right to cancellation
6367	and refund as provided in this section.
6368	(4)(5)  BREACH OF CONTRACT BY SELLER.--Upon breach of
6369	contract or failure of the preneed licensee certificateholder to
6370	provide funeral merchandise or services under a preneed
6371	contract, the contract purchaser shall be entitled to a refund
6372	of all money paid on the contract. Such refund shall be made
6373	within 30 days after receipt by the preneed licensee
6374	certificateholder of the contract purchaser's written request
6375	for refund.
6376	(5)(6)  DEFAULT BY PURCHASER.--If a purchaser is 90 days
6377	past due in making payments on a preneed contract, the contract
6378	shall be considered to be in default, and the preneed licensee
6379	certificateholder shall be entitled to cancel the contract,
6380	withdraw all funds in trust allocable to merchandise items, and
6381	retain such funds as liquidated damages. Upon making such
6382	withdrawal, the preneed licensee certificateholder shall return
6383	all funds in trust allocable to services, facilities, or cash
6384	advance items to the purchaser, provided that the preneed
6385	licensee certificateholder has provided the purchaser with 30
6386	days' written notice of its intention to exercise any of its
6387	rights under this provision. The board may by rule specify the
6388	required format and content of the notice required under this
6389	subsection and the manner in which the notice shall be sent.
6390	(6)(7)  OTHER PROVISIONS.--
6391	(a)  All preneed contracts are cancelable and revocable as
6392	provided in this section, provided that a preneed contract does
6393	not restrict any contract purchaser who is a qualified applicant
6394	for, or a recipient of, supplemental security income, temporary
6395	cash assistance, or Medicaid from making her or his contract
6396	irrevocable.
6397	(b)  The amounts required to be refunded by this section
6398	for contracts previously entered into shall be as follows:
6399	1.  For contracts entered into before October 1, 1993, the
6400	refund amounts as amended by s. 7, chapter 83-816, Laws of
6401	Florida, shall apply.
6402	2.  For contracts entered into on or after October 1, 1993,
6403	the refund amounts as amended by s. 99, chapter 93-399, Laws of
6404	Florida, shall apply.
6405	(8)  This section, as amended by s. 7, chapter 83-316, Laws
6406	of Florida, applies to preneed contracts entered into before
6407	October 1, 1993, and as amended by s. 98, chapter 93-399, Laws
6408	of Florida, applies to preneed contracts entered into on or
6409	after October 1, 1993.
6410	(c)(9)  Persons who purchase merchandise or burial rights
6411	pursuant to this chapter shall have the right to sell, alienate,
6412	or otherwise transfer the merchandise or burial rights subject
6413	to and in accordance with rules adopted by the licensing
6414	authority board.
6415	(d)(10)  All refunds required to be made under this section
6416	to a purchaser who has canceled a contract must be made within
6417	30 days after the date written notice of cancellation is
6418	received by the preneed licensee certificateholder.
6419	Section 108.  Section 497.421, Florida Statutes, is
6420	renumbered as section 497.460, Florida Statutes, and amended to
6421	read:
6422	497.460 497.421  Payment of funds upon death of named
6423	beneficiary.--Disbursements of funds discharging any preneed
6424	contract fulfilled after September 30, 1993, shall be made by
6425	the trustee to the preneed licensee certificateholder upon
6426	receipt of a certified copy of the death certificate of the
6427	contract beneficiary or satisfactory evidence as established by
6428	rule of the licensing authority the board that the preneed
6429	contract has been performed in whole or in part. However, if the
6430	contract is only partially performed, the disbursement shall
6431	only cover that portion of the contract performed. In the event
6432	of any contract default by the contract purchaser, or in the
6433	event that the funeral merchandise or service or burial
6434	merchandise or service contracted for is not provided or is not
6435	desired by the heirs or personal representative of the contract
6436	beneficiary, the trustee shall return, within 30 days after its
6437	receipt of a written request therefor, funds paid on the
6438	contract to the preneed licensee certificateholder or to its
6439	assigns, subject to the provisions of s. 497.459 497.419.
6440	Section 109.  Section 497.423, Florida Statutes, is
6441	renumbered as section 497.461, Florida Statutes, and amended to
6442	read:
6443	497.461 497.423  Surety bonding Evidence of financial
6444	responsibility as alternative to trust deposit.--
6445	(1)  In lieu of depositing funds into a trust as required
6446	by s. 497.548(1) or s. 497.464 497.417(1) or s. 497.429, a
6447	preneed licensee certificateholder may elect annually, at its
6448	discretion, to comply with this section by filing annually a
6449	written request with, and receiving annual approval from, the
6450	licensing authority board.
6451	(2)  No preneed licensee certificateholder shall utilize
6452	this section unless it has filed annually a written request
6453	with, and received approval by, the licensing authority board.
6454	(3)  The preneed licensee certificateholder receiving
6455	approval from the licensing authority board to comply with this
6456	section shall maintain compliance with this section at all times
6457	during the period this election is in effect.
6458	(4)  The preneed licensee's certificateholder's request to
6459	be governed by this section shall be in the form prescribed by
6460	rule by the licensing authority board and shall be accompanied
6461	by, in addition to other information that the licensing
6462	authority board may require by rule, the surety bond, the
6463	audited financial statements, and proof of the other
6464	requirements specified in this section, all as described in this
6465	section.
6466	(5)  For each 12-month period, or any part thereof, in
6467	which this section is applicable, the electing preneed licensee
6468	certificateholder shall maintain a bond, issued by a surety
6469	company admitted to do business in this state, in an amount at
6470	least equal to the sum of:
6471	(a)  All amounts not currently in trust.,
6472	(b)  An amount equal to the total purchase price for all
6473	installed preneed contracts where the total purchase price has
6474	not been collected, excluding those amounts already in trust.,
6475	(c)  All amounts the preneed licensee certificateholder
6476	intends to remove from trust if the licensing authority board
6477	approves the preneed licensee's certificateholder's request to
6478	comply with this section., and
6479	(d)  An amount equal to 70 percent of the total purchase
6480	price for each preneed contract the preneed licensee
6481	certificateholder expects to sell in the year for which the
6482	preneed licensee certificateholder is electing to comply with
6483	this section.
6484	(6)  The surety bond shall be conditioned in such a manner
6485	to secure the faithful performance of all conditions of any
6486	preneed contracts for which the preneed licensee
6487	certificateholder was required to have covered by the amount of
6488	the bond, including refunds requested pursuant to ss. 497.459
6489	and 497.460 497.419 and 497.421. The surety bond shall also
6490	guarantee the financial responsibility of such preneed licensee
6491	certificateholder against its default arising out of any of its
6492	preneed contracts. The terms of the surety bond shall cover
6493	liabilities arising from all moneys received by the electing
6494	preneed licensee certificateholder from preneed contracts for
6495	which the preneed licensee certificateholder was required to
6496	have covered by the amount of the bond during the time the bond
6497	is in effect, and the liability of the surety shall continue
6498	until the contracts thereunder are fulfilled. The bond shall be
6499	in favor of the state for the benefit of any person damaged as a
6500	result of purchasing a preneed contract from the preneed
6501	licensee certificateholder. The aggregate liability of the
6502	surety to all persons for all breaches of the conditions of the
6503	bonds shall in no event exceed the amount of the bond. The per
6504	preneed contract liability shall not exceed the amount of the
6505	funds received by the preneed licensee certificateholder per
6506	preneed contract during the effective period in which the bond
6507	is issued. The bond shall be filed and maintained with the
6508	licensing authority board.
6509	(7)(6)  The amount of the surety bond shall, upon order of
6510	the licensing authority board, be increased if, in the licensing
6511	authority's board's discretion, it finds such increase to be
6512	warranted by the volume of preneed contracts handled, or
6513	expected to be handled, by the preneed licensee
6514	certificateholder.
6515	(8)  The surety bond shall be in a form to be approved by
6516	the licensing authority board, and the licensing authority board
6517	shall have the right to disapprove any bond which does not
6518	provide assurance as provided in, and required by, this section.
6519	(9)(7)  The bond shall be maintained unimpaired for as long
6520	as the preneed licensee certificateholder continues in business
6521	in this state and continues to utilize this section. Whenever
6522	the preneed licensee certificateholder notifies the licensing
6523	authority board that it no longer desires to be governed by this
6524	section and furnishes to the licensing authority board
6525	satisfactory proof that it has discharged or otherwise
6526	adequately provided for all of its obligations to its preneed
6527	contract purchasers covered by the bond, such as by evidence
6528	satisfactory to the licensing authority board demonstrating that
6529	s. 497.458  or s. 497.464 497.417 or s. 497.429 has been
6530	complied with, the licensing authority board shall release the
6531	bond to the entitled parties, provided said parties acknowledge
6532	receipt of same.
6533	(10)(8)  No surety bond used to comply with this section
6534	shall be canceled or subject to cancellation unless at least 60
6535	days' advance notice thereof, in writing, is filed with the
6536	licensing authority board, by the surety company. The
6537	cancellation of the bond shall not relieve the obligation of the
6538	surety company for claims arising out of contracts issued or
6539	otherwise covered before cancellation of the bond.
6540	(11)  In the event that notice of cancellation termination
6541	of the bond is filed with the licensing authority board, the
6542	preneed licensee certificateholder insured thereunder shall,
6543	within 30 days after of the filing of the notice of termination
6544	with the licensing authority board, provide the licensing
6545	authority board with a replacement bond or with evidence which
6546	is satisfactory to the licensing authority board demonstrating
6547	that s. 497.458 or s. 497.464 497.417 or s. 497.429 has been
6548	fully complied with. If within 30 days after of filing of the
6549	notice of termination with the licensing authority board no
6550	replacement bond acceptable to the licensing authority board or
6551	no evidence satisfactory to the licensing authority board
6552	demonstrating that s. 497.458 or s. 497.464 497.417 or s.
6553	497.429 has been complied with is filed with the licensing
6554	authority board, the licensing authority board shall suspend the
6555	license of the preneed licensee certificateholder until the
6556	preneed licensee certificateholder files a replacement bond
6557	acceptable to the board or demonstrates to the satisfaction of
6558	the licensing authority board that it has complied with s.
6559	497.458 or s. 497.464 497.417 or s. 497.429.
6560	(12)(9)  In lieu of the surety bond, the licensing
6561	authority board may provide by rule for other forms of security
6562	or insurance.
6563	(13)(10)  Every preneed licensee certificateholder electing
6564	to be governed by this section shall have its financial
6565	statements, submitted to the department pursuant to s. 497.453
6566	497.407, audited by an independent public accountant certified
6567	pursuant to chapter 473. The financial statements shall contain,
6568	in accordance with generally accepted accounting principles, for
6569	two or more consecutive annual periods, the following:
6570	(a)  The certified public accountant's unqualified opinion
6571	or, in the case of a qualified opinion, a qualified opinion
6572	acceptable to the licensing authority board, and:
6573	1.  A balance sheet;
6574	2.  A statement of income and expenses; and
6575	3.  A statement of changes in financial position.
6576	(b)  Notes to the financial statements considered customary
6577	or necessary for full disclosure and adequate understanding of
6578	the financial statements, financial condition, and operation of
6579	the preneed licensee certificateholder. The notes shall include
6580	a schedule, based upon statutory accounting principles,
6581	indicating that the preneed licensee certificateholder which has
6582	held a license certificate pursuant to this chapter for less
6583	than 10 years has a current ratio of no less than 3 to 1 of
6584	current assets to current liabilities and net assets of at least
6585	$600,000 or that the preneed licensee certificateholder which
6586	has held a license certificate pursuant to this chapter for 10
6587	years or more has a current ratio of no less than 2 to 1 of
6588	current assets to current liabilities and net assets of at least
6589	$400,000.
6590	(c)  An indication that the preneed licensee
6591	certificateholder has sufficient funds available to perform the
6592	obligations under all its preneed contracts.
6593	(14)(11)  The licensing authority board may require that
6594	the audited financial statements be prepared on a calendar-year
6595	basis.
6596	(15)(12)  The electing preneed licensee certificateholder
6597	shall provide the licensing authority board interim unaudited
6598	financial statements on a quarterly basis demonstrating
6599	financial compliance with this section.
6600	(16)(13)  In lieu of subsections (4)-(14) (4)-(11), a
6601	preneed licensee certificateholder with net assets of at least
6602	$25,000 may request to comply with this section by providing a
6603	written guarantee from a qualified guaranteeing organization. If
6604	the preneed licensee certificateholder so elects, the preneed
6605	licensee's certificateholder's requests to be governed by this
6606	section shall be in the form prescribed by rule the board and
6607	shall be accompanied by, in addition to other information the
6608	licensing authority board may require by rule, a written
6609	guarantee approved by the licensing authority board as meeting
6610	the requirements of this section from a qualified guaranteeing
6611	organization, acceptable to the licensing authority board,
6612	which:
6613	(a)  Is either a preneed licensee certificateholder or
6614	servicing agent.
6615	(b)  Is a corporation formed under the laws of this state
6616	or of another state, district, territory, or possession of the
6617	United States.
6618	(c)  Has been in operation for 10 or more years.
6619	(d)  Submits to the licensing authority board its annual
6620	financial statements audited by an independent public accountant
6621	certified pursuant to chapter 473. The financial statements
6622	shall contain, in accordance with generally accepted accounting
6623	principles, for two or more consecutive annual periods, the
6624	following:
6625	1.  The certified public accountant's unqualified opinion
6626	or, in the case of a qualified opinion, a qualified opinion
6627	acceptable to the licensing authority board, and:
6628	a.  A balance sheet;
6629	b.  A statement of income and expenses; and
6630	c.  A statement of changes in financial position.
6631	2.  Notes to the financial statements considered customary
6632	or necessary for full disclosure and adequate understanding of
6633	the financial statements, financial condition, and operation of
6634	the preneed licensee certificateholder. The notes shall include
6635	a schedule, based upon statutory accounting principles,
6636	indicating that the guaranteeing organization has a current
6637	ratio of no less than 2 to 1 of current assets to current
6638	liabilities and net assets of at least $250,000.
6639	(e)  Has sufficient funds available to perform the
6640	obligations under its guarantees.
6641	(f)  Has complied with subsections (5)-(11) (5), (6), (7),
6642	and (8), except that the bond shall be maintained by the
6643	guaranteeing organization in the minimum aggregate principal
6644	amount of $1 million.
6645	(g)  Has principals, including directors, officers,
6646	stockholders, employees, and agents that are of good moral
6647	character and have reputations for fair dealing in business
6648	matters, both as determined by the licensing authority board.
6649	Section 110.  Section 497.425, Florida Statutes, is
6650	renumbered as section 497.462, Florida Statutes, and amended to
6651	read:
6652	497.462 497.425  Other alternatives to deposits under s.
6653	497.458 497.417.--
6654	(1)(a)  As an alternative to the requirements of s. 497.458
6655	497.417 that relate to trust funds for contracts written prior
6656	to July 1, 2001, or that relate to trust funds for contracts
6657	written prior to December 31, 2004, by any preneed licensee
6658	certificateholder authorized to do business in this state that
6659	has total bonded liability exceeding $100 million as of July 1,
6660	2001, and subject to the other restrictions of this section, a
6661	preneed licensee certificateholder may purchase a surety bond
6662	for funds not held in trust as of July 1, 2001, in an amount not
6663	less than the aggregate value of outstanding liabilities on
6664	undelivered preneed contracts for merchandise and services. For
6665	the purpose of this section, the term "outstanding liabilities"
6666	means the gross replacement or wholesale value of the preneed
6667	merchandise and services. The bond shall be made payable to the
6668	State of Florida for the benefit of the licensing authority
6669	board and all purchasers of preneed cemetery merchandise or
6670	services. The bond must be approved by the licensing authority
6671	board.
6672	(b)  The amount of the bond shall be based on a report
6673	documenting the outstanding liabilities of the preneed licensee
6674	certificateholder and shall be prepared by the preneed licensee
6675	certificateholder using generally accepted accounting principles
6676	and signed by the preneed licensee's certificateholder's chief
6677	financial officer.
6678	(c)  The report shall be compiled as of the end of the
6679	preneed licensee's certificateholder's fiscal year and updated
6680	annually. The amount of the bond shall be increased or decreased
6681	as necessary to correlate with changes in the outstanding
6682	liabilities.
6683	(d)  If a preneed licensee certificateholder fails to
6684	maintain a bond pursuant to this section, the preneed licensee
6685	certificateholder shall cease the sale of preneed merchandise
6686	and services.
6687	(2)  Upon prior approval by the licensing authority board,
6688	the preneed licensee certificateholder may file a letter of
6689	credit with the licensing authority board in lieu of a surety
6690	bond. Such letter of credit must be in a form, and is subject to
6691	terms and conditions, prescribed by the board. It may be revoked
6692	only with the express approval of the licensing authority board.
6693	(3)(a)  A buyer of preneed merchandise or services who does
6694	not receive such services or merchandise due to the economic
6695	failure, closing, or bankruptcy of the preneed licensee
6696	certificateholder must file a claim with the surety as a
6697	prerequisite to payment of the claim and, if the claim is not
6698	paid, may bring an action based on the bond and recover against
6699	the surety. In the case of a letter of credit or cash deposit
6700	that has been filed with the licensing authority board, the
6701	buyer may file a claim with the licensing authority board.
6702	(b)  In order to qualify for recovery on any claim under
6703	paragraph (a), the buyer must file the claim no later than 1
6704	year after the date on which the preneed licensee
6705	certificateholder closed or bankruptcy was filed.
6706	(c)  The licensing authority board may file a claim with
6707	the surety on behalf of any buyer under paragraph (a). The
6708	surety shall pay the amount of the claims to the licensing
6709	authority board for distribution to claimants entitled to
6710	restitution and shall be relieved of liability to that extent.
6711	(d)  The liability of the surety under any bond may not
6712	exceed the aggregate amount of the bond, regardless of the
6713	number or amount of claims filed.
6714	(e)  If the total value of the claims filed exceeds the
6715	amount of the bond, the surety shall pay the amount of the bond
6716	to the licensing authority board for distribution to claimants
6717	entitled to restitution and shall be relieved of all liability
6718	under the bond.
6719	(4)  The preneed licensee certificateholder shall maintain
6720	accurate records of the bond and premium payments on it, which
6721	records shall be open to inspection by the licensing authority
6722	board.
6723	(5)  For purposes of this section, a preneed contract is a
6724	contract calling for the delivery of merchandise and services in
6725	the future and entered into before the death of the prospective
6726	recipient.
6727	(5)(6)  This act does not relieve the preneed licensee
6728	certificateholder or other entity from liability for
6729	nonperformance of contractual terms unless the preneed licensee
6730	certificateholder cannot deliver the merchandise or services
6731	because of a national emergency, strike, or act of God.
6732	(6)(7)  The licensing authority board may require the
6733	holder of any assets of the preneed licensee certificateholder
6734	to furnish written verification of the financial report required
6735	to be submitted by the preneed licensee certificateholder or
6736	other entity.
6737	(7)(8)  Any preneed contract which promises future delivery
6738	of merchandise at no cost constitutes a paid-up contract.
6739	Merchandise which has been delivered is not covered by the
6740	required performance bond or letter of credit even though the
6741	contract is not completely paid. The preneed licensee
6742	certificateholder may not cancel a contract unless the purchaser
6743	is in default according to the terms of the contract and subject
6744	to the requirements of s. 497.459. A contract sold, discounted,
6745	and transferred to a third party constitutes a paid-up contract
6746	for the purposes of the performance bond or letter of credit.
6747	(8)(9)  Each contract must state the type, size, and design
6748	of merchandise and the description of service to be delivered or
6749	performed.
6750	(9)(10)  A purchaser and a preneed licensee
6751	certificateholder who are parties to a preneed contract executed
6752	prior to July 2, 1988, may enter into an amended preneed
6753	contract which is made subject to this section. On and after
6754	January 1, 2006, this subsection may no longer be used to make
6755	any additional contracts subject to a bond under this section,
6756	provided that contracts already amended and made subject to a
6757	bond as of December 31, 2005, may remain under such bond.
6758	(10)(11)  The licensing authority board may adopt forms and
6759	rules necessary to implement this section, including, but not
6760	limited to, rules which ensure that the surety bond and line of
6761	credit provide liability coverage for preneed merchandise and
6762	services.
6763	(11)(12)  Preneed licensees Certificateholders may utilize
6764	the bonding alternatives to s. 497.458 497.417 provided in this
6765	section only for contracts written prior to July 1, 2001, for
6766	funds not held in trust as of July 1, 2001, or for contracts
6767	written prior to December 31, 2004, by any preneed licensee
6768	certificateholder authorized to do business in this state that
6769	has total bonded liability exceeding $100 million as of July 1,
6770	2001, for funds not held in trust as of July 1, 2001.
6771	Section 111.  Section 497.427, Florida Statutes, is
6772	renumbered as section 497.463, Florida Statutes, and amended to
6773	read:
6774	497.463 497.427  Existing merchandise trust funds; proof of
6775	compliance with law.--The preneed licensee certificateholder
6776	shall present to the licensing authority board prior to the
6777	implementation of the alternatives provided in s. 497.462
6778	497.425 documentation which demonstrates that the existing
6779	merchandise trust fund complies with the law and that the
6780	elected alternative plan conforms to the requirements of this
6781	chapter.
6782	Section 112.  Section 497.429, Florida Statutes, is
6783	renumbered as section 497.464, Florida Statutes, and amended to
6784	read:
6785	497.464 497.429  Alternative preneed contracts.--
6786	(1)  Nothing in this chapter shall prevent the purchaser
6787	and the preneed licensee certificateholder from executing a
6788	preneed contract upon the terms stated in this section. Such
6789	contracts shall be subject to all provisions of this chapter
6790	except:
6791	(a)  Section 497.454(3) 497.409(2).
6792	(b)  Section 497.457 497.415.
6793	(c)  Section 497.458(1), (3), and (6) 497.417(1), (3), and
6794	(5).
6795	(d)  Section 497.459(1), (2), and (4) 497.419(1), (2), and
6796	(5).
6797	(e)  Section 497.460 497.421.
6798	(f)  Section 497.461 497.423.
6799	(g)  Section 497.462 497.425.
6800	(2)  The contract must require that a trust be established
6801	by the preneed licensee certificateholder on behalf of, and for
6802	the use, benefit, and protection of, the purchaser and that the
6803	trustee must be a trust company operating pursuant to chapter
6804	660, a national or state bank holding trust powers, or a federal
6805	or state savings and loan association holding trust powers.
6806	(3)  The contract must require that the purchaser make all
6807	payments required by the contract directly to the trustee or its
6808	qualified servicing agent and that the funds shall be deposited
6809	in this state, subject to the terms of a trust instrument
6810	approved by the licensing authority board. The licensing
6811	authority may adopt rules establishing procedures and forms for
6812	the submission of trust instruments for approval by the
6813	licensing authority, establishing criteria for the approval of
6814	such trust instruments, and specifying information required to
6815	be provided by the applicant in connection with submission of a
6816	trust instrument for approval. A copy of the trust instrument
6817	shall be made available to the purchaser, at any reasonable
6818	time, upon request.
6819	(4)  The contract or trust instrument shall expressly state
6820	that the preneed licensee certificateholder does not have any
6821	dominion or control over the trust or its assets, except to the
6822	extent that subsection (6) applies, until such time as the
6823	preneed contract is entirely completed or performed.
6824	(5)  The trust instrument shall prohibit the trustee from
6825	distributing any appreciation on the trust to any person and
6826	shall require that the trustee accumulate the entire net income
6827	of the trust, or its pro rata share thereof. The accumulated net
6828	income shall be distributed to the preneed licensee
6829	certificateholder upon cancellation or performance of the
6830	contract.
6831	(6)  The contract and trust instrument may provide that the
6832	preneed licensee certificateholder may receive a current
6833	distribution of not more than 10 percent of all funds paid or
6834	collected by the trustee and may further provide for liquidated
6835	damages during the first 3 years after the execution of the
6836	contract of not more than 10 percent of all the funds paid on
6837	the preneed contract, except that no liquidated damages shall
6838	apply for cancellation within 30 days after of the date of
6839	execution of the contract.
6840	(7)  Disbursement of funds discharging any preneed contract
6841	shall be made by the trustee to the person issuing or writing
6842	such contract upon receipt of a certified copy of the death
6843	certificate of the contract beneficiary and evidence
6844	satisfactory to the trustee that the preneed contract has been
6845	fully performed. In the event of any contract default by the
6846	contract purchaser, or in the event that the funeral merchandise
6847	or service contracted for is not provided or is not desired by
6848	the purchaser or the heirs or personal representative of the
6849	contract beneficiary, the trustee shall return, within 30 days
6850	after its receipt of a written request therefor, funds paid on
6851	the contract to the contract purchaser or to her or his assigns,
6852	heirs, or personal representative, subject to the lawful
6853	liquidation damage provision in the contract.
6854	(8)  The contract shall provide, in conspicuous type, that
6855	the purchaser may receive a federal income tax informational
6856	statement, pursuant to the grantor trust rules of ss. 671 et
6857	seq. of the Internal Revenue Code of 1986, as amended, from the
6858	trustee reflecting all of the income earned by the trust; and,
6859	accordingly, the purchaser should seek the advice of an
6860	independent tax professional for the tax impact upon the
6861	purchaser as a result of executing the preneed contract.
6862	(9)  The contract may provide that the preneed licensee
6863	certificateholder may cancel the contract, but only in the event
6864	that the purchaser is more than 90 days in default of the terms
6865	of the contract; and, unless subject to the provisions of s.
6866	497.459(5) 497.419(6), must provide that the purchaser, or her
6867	or his representative, has the right, at any time prior to the
6868	performance of the contract, to cancel the preneed contract and
6869	revest title to all the funds paid on the preneed contract,
6870	except for applicable liquidated damages, and the preneed
6871	licensee's certificateholder's rights in the net income of the
6872	trust.
6873	(10)  The contract or trust agreement may require the
6874	trustee to invest in solely tax-free investments.
6875	(11)  In the event the parties execute a contract pursuant
6876	to this section, the purchaser shall be deemed, and treated for
6877	all purposes, as the settlor of the trust established
6878	thereunder.
6879	Section 113.  Section 497.436, Florida Statutes, is
6880	renumbered as section 497.465, Florida Statutes, and amended to
6881	read:
6882	497.465 497.436  Inactive, surrendered, and revoked preneed
6883	licensees certificateholders.--
6884	(1)  A preneed licensee certificateholder shall be
6885	considered inactive upon the acceptance of the surrender of its
6886	license by the licensing authority board or upon the nonreceipt
6887	by the licensing authority board of the preneed license
6888	certificate of authority renewal application and fees required
6889	by s. 497.265 497.213(2).
6890	(2)  A preneed licensee certificateholder shall cease all
6891	preneed sales to the public upon becoming inactive. The preneed
6892	licensee certificateholder shall collect and deposit into trust
6893	all of the funds paid toward preneed contracts sold prior to
6894	becoming inactive.
6895	(3)  Any preneed licensee certificateholder desiring to
6896	surrender its license to the licensing authority board shall
6897	first:
6898	(a)  File notice with the licensing authority board.
6899	(b)  Submit copies of its existing trust agreements.
6900	(c)  Submit a sample copy of each type of preneed contract
6901	sold.
6902	(d)  Resolve to the licensing authority's board's
6903	satisfaction all unresolved findings and violations resulting
6904	from prior examinations the last examination conducted.
6905	(e)  Pay all outstanding fines and invoices due the
6906	licensing authority board.
6907	(f)  Submit its current preneed license certificate of
6908	authority.
6909	(4)  Upon receipt of the notice, the licensing authority
6910	board shall review the preneed licensee's certificateholder's:
6911	(a)  Trust funds.
6912	(b)  Trust agreements.
6913	(c)  Evidence of all outstanding preneed contracts.
6914	(5)  After a review to the licensing authority's board's
6915	satisfaction, the licensing authority board shall terminate the
6916	preneed license certificate of authority by an order which shall
6917	set forth the conditions of termination established by the
6918	licensing authority board to ensure that the preneed funds will
6919	be available for their intended purpose.
6920	(6)  The trust fund of the preneed licensee
6921	certificateholder shall be held intact and in trust after the
6922	preneed licensee certificateholder has become inactive, and the
6923	funds in that trust shall be disbursed in accordance with the
6924	requirements of the written contracts and this chapter until the
6925	funds have been exhausted.
6926	(7)  The licensing authority board shall continue to have
6927	jurisdiction over the inactive preneed licensee and the trust
6928	funds certificateholder as if the preneed license certificate
6929	were active and to require such reports and inspect such records
6930	as the licensing authority board deems appropriate so long as
6931	there are funds in trust or preneed contracts that are not
6932	fulfilled.
6933	(8)  In addition to any other terms of revocation or
6934	suspension ordered pursuant to this chapter s. 497.233, the
6935	provisions of this section shall also apply in the event of
6936	revocation or suspension of a preneed license, unless the
6937	provisions of the suspension or revocation order specifically
6938	provide otherwise.
6939	(9)  The licensing authority may adopt rules for the
6940	implementation of this section, for the purpose of ensuring a
6941	thorough review and investigation of the status and condition of
6942	the preneed licensee's business affairs for the protection of
6943	the licensee's preneed customers. Such rules may include:
6944	(a)  The form of notice required by paragraph (3)(a) and
6945	the information or materials to be contained in or accompany the
6946	notice or otherwise to be provided, which may include any
6947	information or materials the licensing authority deems needed
6948	for the discharge of its responsibilities under this section.
6949	(b)  Requirements for the submission of sworn affidavits by
6950	or the taking of sworn testimony from the preneed licensee and
6951	its principals, employees, and sales agents.
6952	(c)  Requirements for submission of unaudited or audited
6953	financial statements, as the licensing authority deems
6954	advisable.
6955	Section 114.  Section 497.439, Florida Statutes, is
6956	renumbered as section 497.466, Florida Statutes, and amended to
6957	read:
6958	497.466 497.439  Preneed sales agents, license required;
6959	application procedures and criteria; responsibility of preneed
6960	licensee.--
6961	(1)  GENERAL PROVISIONS APPLICABLE TO PRENEED SALES
6962	AGENTS.--
6963	(a)  All individuals who offer preneed contracts to the
6964	public, or who execute preneed contracts on behalf of a preneed
6965	licensee certificateholder, including all individuals who offer,
6966	sell, or sign contracts for the preneed sale of burial rights,
6967	shall be licensed registered with the board as preneed sales
6968	agents, pursuant to this section, unless such individuals are
6969	licensed as funeral directors pursuant to this chapter.
6970	(b)(2)  All preneed sales agents and funeral directors
6971	acting as preneed sales agents must be employed by or under
6972	written contract affiliated with the preneed licensee
6973	certificateholder that they are representing.
6974	(c)(3)  A preneed licensee certificateholder shall be
6975	responsible for the activities of all preneed sales agents and
6976	all funeral directors acting as preneed sales agents, who are
6977	affiliated with the preneed licensee certificateholder and who
6978	perform any type of preneed-related activity on behalf of the
6979	preneed licensee certificateholder. In addition to the preneed
6980	sales agents and funeral directors acting as preneed sales
6981	agents, each preneed licensee certificateholder shall also be
6982	subject to discipline if its preneed sales agents or funeral
6983	directors acting as preneed sales agents violate any provision
6984	of this chapter.
6985	(d)(4)  A preneed sales agent and a funeral director acting
6986	as a preneed sales agent shall be authorized to sell, offer, and
6987	execute preneed contracts on behalf of all entities owned or
6988	operated by its sponsoring preneed licensee certificateholder.
6989	(e)  An individual may be licensed as a preneed sales agent
6990	on behalf of more than one preneed licensee, provided that the
6991	individual has received the written consent of all such preneed
6992	licensees and makes separate application under this section for
6993	each such preneed licensee.
6994	(f)  A sponsoring preneed licensee shall notify the
6995	department in writing within 30 days after the sponsored preneed
6996	sales agent's authority to represent that preneed licensee has
6997	terminated.
6998	(2)  APPLICATION PROCEDURES.--
6999	(a)  A person seeking licensure as a preneed sales agent
7000	shall apply for such licensure using forms prescribed by rule of
7001	the licensing authority.
7002	(b)  The application shall require the name, residence
7003	address, residence phone number, if any, and date and place of
7004	birth of the preneed sales agent applicant. Applicants shall be
7005	at least 18 years of age. The application shall require
7006	identification of the name, address, and license number of the
7007	sponsoring preneed licensee. The application shall require the
7008	preneed sales agent applicant's social security number and the
7009	federal tax identification number of the sponsoring preneed
7010	licensee.
7011	(c)  The application shall require information as to the
7012	educational and employment history of the preneed sales agent
7013	applicant.
7014	(d)  The application shall require the preneed sales agent
7015	applicant to disclose whether the preneed sales agent applicant
7016	has ever been convicted or found guilty of, or entered a plea of
7017	nolo contendere to, regardless of adjudication, any crime in any
7018	jurisdiction.
7019	(e)  The application shall require the preneed sales agent
7020	applicant to disclose whether the preneed sales agent applicant
7021	has ever had a license or the authority to practice a profession
7022	or occupation refused, suspended, fined, denied, or otherwise
7023	acted against or disciplined by the licensing authority of any
7024	jurisdiction. A licensing authority's acceptance of a
7025	relinquishment of licensure, stipulation, consent order, or
7026	other settlement, offered in response to or in anticipation of
7027	the filing of charges against the license, shall be construed as
7028	action against the license.
7029	(f)  The application shall require a representation by the
7030	sponsoring preneed licensee that:
7031	1.  The sponsoring preneed licensee's license is in good
7032	standing.
7033	2.  Upon licensure as a preneed sales agent, the sponsored
7034	preneed sales agent applicant will be authorized to offer, sell,
7035	and sign preneed contracts on behalf of the preneed licensee.
7036	3.  The preneed licensee has trained the applicant in the
7037	provisions of this chapter relating to preneed sales, the
7038	provisions of the preneed licensee's preneed contracts, and the
7039	nature of the merchandise, services, or burial rights sold by
7040	the preneed licensee.
7041	(g)  The application shall require the preneed sales agent
7042	applicant to indicate whether the applicant has any type of
7043	working relationship with any other preneed licensee or
7044	insurance company and, if so, to identify such other preneed
7045	licensee or insurance company, as the case may be.
7046	(h)  The applicant shall be required to submit her or his
7047	fingerprints in accordance with part I of this chapter.
7048	(i)  The application shall be signed by the applicant and
7049	by an officer or manager of the sponsoring preneed licensee.
7050	(j)  The application shall be accompanied by a
7051	nonrefundable fee of $100. The licensing authority may from time
7052	to time increase such fee but not to exceed $200.
7053	(3)  ACTION CONCERNING APPLICATIONS; TEMPORARY AND REGULAR
7054	LICENSURE.--
7055	(a)  An applicant shall be deemed to have been issued a
7056	temporary preneed sales agent license and may begin functioning
7057	as a preneed sales agent immediately upon receipt by the
7058	department of a duly completed application for licensure under
7059	this section if the application shows an applicant of at least
7060	18 years of age who has no prior criminal and disciplinary
7061	actions to disclose under paragraphs (2)(d) and (e) and the
7062	application is accompanied by the required application fee. The
7063	temporary preneed sales agent license shall be valid for 90 days
7064	unless earlier suspended by the licensing authority for cause.
7065	If the application is approved by the board within the 90-day
7066	period, the temporary license shall be deemed converted to a
7067	regular biennial license which shall expire in accordance with
7068	the schedule established by the licensing authority by rule.
7069	(b)1.  A person who has any prior criminal or disciplinary
7070	action required to be disclosed under paragraph (2)(d) or
7071	paragraph (2)(e) may apply to the licensing authority for
7072	issuance of a preneed sales agent license notwithstanding such
7073	criminal or disciplinary record. The licensing authority may by
7074	rule specify forms and procedures for use by such persons in
7075	applying for preneed sales agent licensure, to be used by such
7076	persons in lieu of the forms and procedures specified under
7077	paragraph (a). Licensure shall be granted unless the licensing
7078	authority reasonably determines that the prior criminal or
7079	disciplinary record indicates that the granting of licensure
7080	would pose unreasonable risk to the public.
7081	2.  To facilitate issuance of licenses concerning
7082	applicants with criminal or disciplinary records which the
7083	licensing authority determines make the applicant borderline as
7084	to qualification for licensure, the licensing authority may
7085	issue a new license under this section on a probationary basis,
7086	subject to conditions specified by the licensing authority on a
7087	case-by-case basis, which conditions may impose special
7088	monitoring, reporting, and restrictions on operations for up to
7089	the first 24 months after licensure, to ensure the preneed sales
7090	agent licensee's integrity, trustworthiness, and compliance with
7091	this chapter. Provided, no such probationary license shall be
7092	issued unless the licensing authority determines that issuance
7093	would not pose an unreasonable risk to the public, and the
7094	licensing authority must, within 24 months after issuance of the
7095	license, either remove the probationary status or determine that
7096	the licensee is not qualified for licensure under this chapter
7097	and institute proceedings for revocation of licensure. The
7098	licensing authority may adopt rules prescribing criteria and
7099	procedures for issuance of such probationary licenses.
7100	(4)  RENEWAL OF LICENSES.--Nontemporary preneed sales agent
7101	licenses under this section shall be renewed biennially in
7102	accordance with a schedule, forms, and procedures established by
7103	rule. The nonrefundable biennial renewal fee shall be as
7104	determined by licensing authority rule but not to exceed $200.
7105	(5)  SIMPLIFIED PROCEDURES FOR SUBSEQUENT CHANGE OF
7106	SPONSORING LICENSEE.--The board may by rule establish simplified
7107	requirements and procedures under which any preneed sales agent
7108	who, within the 12 months preceding application under this
7109	subsection held in good standing a preneed sales agent license
7110	under this section, may obtain a preneed sales agent's license
7111	under this section to represent a different sponsoring preneed
7112	licensee. The simplified requirements shall dispense with the
7113	requirement for submission of fingerprints. The licensing
7114	authority may by rule prescribe forms to be used by applicants
7115	under this subsection, which forms may dispense with the
7116	requirement for any information not deemed by the licensing
7117	authority to be necessary to tracking the identity of the
7118	preneed licensee responsible for the activities of the preneed
7119	sales agent. No preneed sales agent licensee whose sales agent
7120	license issued by the board was revoked or suspended or
7121	otherwise terminated while in other than good standing shall be
7122	eligible to use the simplified requirements and procedures. The
7123	issuance of a preneed sales agent license under this subsection
7124	shall not operate as a bar to any subsequent disciplinary action
7125	relating to grounds arising prior to obtaining the license under
7126	this subsection. There shall be a fee payable to the department
7127	under such simplified procedures, which fee shall be the same as
7128	the fee paid upon initial application for preneed sales agent
7129	licensure, except that no fingerprint fee shall be required if
7130	such fingerprint fee is required for initial applications.
7131	(5)  An individual may begin functioning as a preneed sales
7132	agent as soon as a completed application for registration, as
7133	set forth in subsection (7), is sent to the department.
7134	(6)  The qualifications for a preneed sales agent are as
7135	follows:
7136	(a)  The applicant must be at least 18 years of age.
7137	(b)  The applicant must be in good standing with the board.
7138	(c)  The applicant must not have any felony or misdemeanor
7139	convictions that relate to any activity regulated by this
7140	chapter.
7141	(7)  An application for registration as a preneed sales
7142	agent shall be submitted to the department with an application
7143	fee of $100 by the certificateholder in a form that has been
7144	prescribed by department rule and approved by the board. Such
7145	application shall contain, at a minimum, the following:
7146	(a)  The name, address, social security number, and date of
7147	birth of the applicant and such other information as the board
7148	may reasonably require of the applicant.
7149	(b)  The name, address, and license number of the
7150	sponsoring certificateholder.
7151	(c)  A representation, signed by the applicant, that the
7152	applicant meets the requirements set forth in subsection (6).
7153	(d)  A representation, signed by the certificateholder,
7154	that the applicant is authorized to offer, sell, and sign
7155	preneed contracts on behalf of the certificateholder, and that
7156	the certificateholder has trained the applicant in the
7157	provisions of this chapter relating to preneed sales as
7158	determined by the board, the provisions of the
7159	certificateholder's preneed contract, and the nature of the
7160	merchandise, services, or burial rights sold by the
7161	certificateholder.
7162	(e)  A statement indicating whether the applicant has any
7163	type of working relationship with any other certificateholder or
7164	insurance company.
7165	(8)  An individual may be registered as a preneed sales
7166	agent on behalf of more than one certificateholder, provided
7167	that the individual has received the written consent of all such
7168	certificateholders.
7169	(9)  A certificateholder who has registered a preneed sales
7170	agent shall notify the department within 30 days after such
7171	individual's status as a preneed sales agent has been
7172	terminated.
7173	(10)  Upon receipt of an application that complies with all
7174	of the requirements of subsection (7), the department shall
7175	register the applicant. The department shall by rule provide for
7176	biennial renewal of registration and a renewal fee of $150.
7177	Section 115.  Section 497.441, Florida Statutes, is
7178	renumbered as section 497.467, Florida Statutes, and amended to
7179	read:
7180	497.467 497.441  Acceptability of funeral and burial
7181	merchandise.--Each person who engages in preneed sales of
7182	funeral or burial merchandise shall determine, and notify the
7183	purchaser in writing prior to the completion of the contract,
7184	that the merchandise being considered for purchase will be
7185	accepted in the cemetery of the purchaser's choice. The failure
7186	to comply with this chapter shall nullify the agreement, and all
7187	moneys paid in shall be returned, notwithstanding the existence
7188	of any liquidated damages provision otherwise applicable by
7189	contract or statute pursuant to s. 497.419(2).
7190	Section 116.  Part V of chapter 497, Florida Statutes,
7191	consisting of sections 497.550, 497.551, 497.552, 497.553,
7192	497.554, 497.555, and 497.556, is created to read:
7193	PART V
7194	MONUMENT ESTABLISHMENTS
7195	Section 117.  Section 497.361, Florida Statutes, is
7196	renumbered as section 497.550, Florida Statutes, and
7197	amended to read:
7198	(Substantial rewording of section. See
7199	s. 497.361, F.S., for present text.)
7200	497.550  Licensure of monument establishments required;
7201	procedures and criteria.--
7202	(1)  LICENSE REQUIRED.--No person shall conduct, maintain,
7203	manage, or operate a monument establishment in this state unless
7204	the monument establishment is licensed pursuant to this part.
7205	(2)  APPLICATION PROCEDURES.--A person seeking licensure as
7206	a monument establishment shall apply for such licensure using
7207	forms prescribed by rule.
7208	(a)  The application shall require the applicant's name and
7209	address and the name and address of all principals of the
7210	applicant. The application shall require the applicant's social
7211	security number or, if the applicant is an entity, its federal
7212	tax identification number.
7213	(b)  The application may require information as to the
7214	applicant's financial resources and the experience of the
7215	applicant and its principals in the monument establishment
7216	business or death care industry.
7217	(c)  The application shall require the applicant to
7218	disclose whether the applicant or any of its principals has ever
7219	been convicted or found guilty of, or entered a plea of nolo
7220	contendere to, regardless of adjudication, any crime in any
7221	jurisdiction.
7222	(d)  The application shall require the applicant to
7223	disclose whether the applicant or any of its principals has ever
7224	had a license or the authority to practice a profession or
7225	occupation revoked, suspended, fined, denied, or otherwise acted
7226	against or disciplined by the licensing authority of any
7227	jurisdiction.
7228	(e)  The application shall require the applicant's
7229	principals to provide fingerprints in accordance with part I of
7230	this chapter.
7231	(f)  The applicant shall be a natural person at least 18
7232	years of age, a corporation, a partnership, or a limited
7233	liability company formed prior to January 1, 2005, which limited
7234	liability company already holds a license under this chapter.
7235	(g)  The application shall require the applicant to
7236	demonstrate that the applicant has, or will have before
7237	commencing operations, the facilities required under this part.
7238	(h)  The application shall be signed by the applicant if a
7239	natural person or by the president of an applicant that is a
7240	corporation.
7241	(i)  The application shall be accompanied by an application
7242	fee as determined by licensing authority rule but not to exceed
7243	$500.
7244	(3)  ACTION CONCERNING APPLICATIONS.--A duly completed
7245	application for licensure as a monument establishment,
7246	accompanied by the required application fee, shall be approved
7247	unless there is shown by clear and convincing evidence that the
7248	applicant will not, before commencing operations, have the
7249	facilities required by this part or that issuance of the license
7250	would pose an unreasonable risk to the public because one or
7251	more of the following factors:
7252	(a)  The applicant's lack of experience.
7253	(b)  The applicant's lack of financial resources.
7254	(c)  The criminal or disciplinary record of the applicant
7255	or its principals.
7256	(d)  A demonstrated history of violations of the laws of
7257	this state by the applicant or its principals regarding the
7258	funeral or cemetery business or other business activities.
7259	(e)  A demonstrated history of lack of trustworthiness or
7260	integrity on the part of the applicant or its principals.
7261	(4)  PROBATIONARY STATUS.--It is the policy of this state
7262	to encourage competition for the public benefit in the monument
7263	establishment business by, among other means, the entry of new
7264	licensees into the monument establishment business. To
7265	facilitate issuance of licenses concerning applications judged
7266	by the licensing authority to be borderline as to qualification
7267	for licensure, the licensing authority may issue new monument
7268	establishment licenses on a probationary basis, subject to
7269	conditions specified by the licensing authority on a case-by-
7270	case basis, which conditions may impose special monitoring,
7271	reporting, and restrictions on operations for up to the first 24
7272	months after licensure, to ensure the licensee's
7273	responsibleness, competency, and financial stability. However,
7274	no such probationary license shall be issued unless the
7275	licensing authority determines that issuance would not pose an
7276	unreasonable risk to the public, and the licensing authority
7277	must, within 24 months after issuance of the license, either
7278	remove the probationary status or determine that the licensee is
7279	not qualified for licensure and institute proceedings for
7280	revocation of licensure.
7281	(5)  LICENSE NOT TRANSFERABLE OR ASSIGNABLE.--A monument
7282	establishment license shall not be transferable or assignable.
7283	Section 118.  Section 497.551, Florida Statutes, is created
7284	to read:
7285	497.551  Renewal of monument establishment licensure.--
7286	(1)  A monument establishment license must be renewed
7287	biennially by the licensee.
7288	(2)  A monument establishment licensee that does not hold a
7289	preneed license as of 90 days prior to the date its monument
7290	establishment license renewal is due shall renew its monument
7291	establishment license by payment of a renewal fee established by
7292	rule not to exceed $250.
7293	(3)  A monument establishment licensee that as of 90 days
7294	prior to its monument establishment license renewal date also
7295	holds a preneed license issued under this chapter shall renew
7296	its monument establishment license by payment of a renewal fee
7297	determined by its total gross aggregate at-need and preneed
7298	retail sales for the 12-month period ending 2 full calendar
7299	months prior to the month in which the renewal is required, as
7300	follows:
7301	(a)  For total sales of $1 to $50,000, a renewal fee of
7302	$1,000.
7303	(b)  For total sales of $50,001 to $250,000, a renewal fee
7304	of $1,500.
7305	(c)  For total sales of $250,001 to $500,000, a renewal fee
7306	of $2,000.
7307	(d)  For total sales over $500,000, a renewal fee of
7308	$2,500.
7309	(4)  Rules may be adopted providing procedures, forms, and
7310	uniform timeframes for monument establishment license renewals.
7311	Section 119.  Section 497.552, Florida Statutes, is created
7312	to read:
7313	497.552  Required facilities.--Effective January 1, 2006, a
7314	monument establishment shall at all times have and maintain a
7315	full-service place of business at a specific street address or
7316	location in this state which complies with the following
7317	requirements:
7318	(1)  It shall include an office for the conduct of its
7319	business, including the reception of customers.
7320	(2)  It shall include a display area in which there is
7321	displayed a selection of monuments, markers, and related
7322	products for inspection by customers prior to sale.
7323	(3)  Its office and display area shall normally be open to
7324	the public weekdays during normal business hours.
7325	(4)  It shall have facilities for inscribing monuments and
7326	equipment to deliver and install markers and monuments.
7327	(5)  It shall comply with any local government zoning
7328	regulations, and it may not be located on tax-exempt property.
7329	Section 120.  Section 497.553, Florida Statutes, is created
7330	to read:
7331	497.553  Regulation of monument establishments.--
7332	(1)  The Department of Financial Services shall establish
7333	and implement an inspection program for all monument
7334	establishments in accordance with the requirements of this act.
7335	(2)  Commencing January 1, 2006, all retail sales by
7336	monument establishments shall be on a sales agreement form filed
7337	by the monument establishment with and approved by the licensing
7338	authority. Sales agreement forms must provide a complete
7339	description of any monument, marker, or related product to be
7340	delivered, and shall prominently and clearly specify the agreed
7341	date for delivery and installation. Procedures for submission
7342	and approval of such forms shall be established by rule.
7343	(3)  Commencing January 1, 2006, all monument
7344	establishments shall have written procedures for the receipt,
7345	investigation, and disposition of customer complaints, and shall
7346	ensure that their staff who receive or process such complaints
7347	are familiar with and follow such procedures.
7348	(4)  Commencing January 1, 2006, all monument
7349	establishments shall maintain for inspection by the department
7350	records of written complaints received by the monument
7351	establishment. Such complaint records shall include a
7352	chronological log of written complaints received, in which the
7353	name and address of each complainant and the date of the
7354	complaint is entered consecutively within 10 business days after
7355	receipt of each complaint. The licensing authority may by rule
7356	establish requirements regarding the format of complaint logs,
7357	including whether they may be maintained electronically or shall
7358	be maintained by pen and ink on paper. The licensing authority
7359	may by order direct a licensee to maintain complaint logs by pen
7360	and ink in writing. The original or complete copy of each
7361	written complaint received by a monument establishment, and all
7362	subsequent correspondence related to such complaint, shall be
7363	maintained by the monument establishment, for inspection by the
7364	department, for the longer of 24 months or 12 months after the
7365	most recent department inspection during which the complaint was
7366	in the monument establishment's complaint records and available
7367	for the department's review.
7368	(5)  Commencing January 1, 2006, the failure of a monument
7369	establishment to deliver and install a purchased monument or
7370	marker by the date agreed to in the sales agreement shall
7371	entitle the customer to a full refund of all amounts paid by the
7372	customer for the monument and its delivery and installation,
7373	unless the monument establishment has obtained a written
7374	agreement from the customer extending the delivery date. Such
7375	refund shall be made within 30 days after receipt by the
7376	monument establishment of the customer's written request for a
7377	refund. This subsection does not preclude the purchase and
7378	installation of a new monument from any other registered
7379	monument establishment or preneed licensee.
7380	Section 121.  Section 497.554, Florida Statutes, is created
7381	to read:
7382	497.554  Monument establishment sales representatives.--
7383	(1)  LICENSE REQUIRED.--Each person selling monuments,
7384	markers, or related products for a monument establishment must
7385	be licensed as a monument establishment sales agent. This
7386	requirement shall apply notwithstanding the fact that such
7387	person is already registered or licensed in another capacity
7388	pursuant to this chapter.
7389	(2)  APPLICATION PROCEDURES.--Licensure as an monument
7390	establishment sales agent shall be by submission of an
7391	application for licensure to the department on a form prescribed
7392	by rule.
7393	(a)  The application shall require the applicant to state
7394	her or his name, residence and business address, business phone
7395	number, social security number, and the name and address of the
7396	monument establishment for which the applicant will be selling.
7397	(b)  The application shall require the applicant to
7398	disclose whether the applicant has ever been convicted or found
7399	guilty of, or entered a plea of nolo contendere to, regardless
7400	of adjudication, any crime in any jurisdiction.
7401	(c)  The application shall require the applicant to
7402	disclose whether the applicant has ever had a license or the
7403	authority to practice a profession or occupation revoked,
7404	suspended, fined, denied, or otherwise acted against or
7405	disciplined by the licensing authority of any jurisdiction.
7406	(d)  The application shall be signed by the applicant and
7407	the owner or an officer of the sponsoring monument
7408	establishment.
7409	(e)  The monument establishment sales agent application
7410	shall be accompanied by a fee of $50. The licensing authority
7411	may from time to time increase the application fee by rule but
7412	not to exceed $200.
7413	(3)  APPROVAL OR DENIAL OF APPLICATION.--
7414	(a)  If a properly completed application accompanied by the
7415	required application fee indicates the applicant has no criminal
7416	or disciplinary record, the requested licensure shall be deemed
7417	granted upon receipt of the duly completed application by the
7418	department.
7419	(b)  If the application indicates the applicant has any
7420	criminal or disciplinary history, licensure shall be granted
7421	unless the licensing authority determines that the licensure of
7422	the applicant would pose a substantial threat to the welfare of
7423	the public with whom the applicant might be dealing as a
7424	monument establishment sales agent. Rules may be adopted
7425	providing criteria for evaluating criminal and disciplinary
7426	records as they may affect applications for licensure under this
7427	section.
7428	(4)  TERMINATION OF AUTHORITY.--
7429	(a)  Once issued, a monument establishment sales agent
7430	license of an agent not licensed to make preneed sales shall
7431	remain in effect without renewal until surrendered, or the
7432	sponsoring monument establishment terminates the agent's
7433	authority to sell on behalf of that monument establishment, or
7434	the license is revoked or suspended by the licensing authority
7435	for cause.
7436	(b)  The monument establishment whose officer signed the
7437	sales agent application shall terminate that agent's authority
7438	to sell on behalf of that monument establishment, and the
7439	monument establishment shall advise the licensing authority of
7440	such termination in writing within 30 days after the
7441	termination.
7442	(5)  RESPONSIBILITY FOR AGENTS.--The sponsoring monument
7443	establishment shall be responsible for the activities of its
7444	sales agents concerning their sales activities and shall
7445	reasonably supervise such activities.
7446	(6)  AGENT LICENSE REQUIRED.--A person selling monuments,
7447	markers, and related products on a preneed basis for a monument
7448	establishment that has been issued a preneed sales license must
7449	also obtain authorization as a preneed sales agent under part IV
7450	of this chapter.
7451	Section 122.  Section 497.555, Florida Statutes, is created
7452	to read:
7453	497.555  Required rules.--Rules shall be adopted
7454	establishing minimum standards for access to all cemeteries by
7455	licensed monument establishments for the purpose of delivering
7456	and installing markers and monuments. In all cases, cemeteries
7457	must comply with these minimum standards.
7458	Section 123.  Section 497.556, Florida Statutes, is created
7459	to read:
7460	497.556  Requirements relating to monument
7461	establishments.--
7462	(1)  INITIAL LICENSURE.--No monument establishment shall be
7463	issued a license to engage in preneed sales under this chapter
7464	unless the monument establishment shall, in addition to the
7465	other requirements of this part for issuance of a preneed
7466	license, meet the following requirements:
7467	(a)  The monument establishment or its principals shall
7468	demonstrate at least 3 years of experience in the operation of a
7469	monument establishment.
7470	(b)  The monument establishment shall demonstrate that it
7471	has a net worth of at least $10,000 pursuant to generally
7472	accepted accounting principles. If the monument establishment
7473	applying for preneed licensure cannot demonstrate a net worth of
7474	at least $10,000, the licensing authority may in accordance with
7475	subsection (3) accept alternative factors or arrangements as
7476	substituting for the $10,000 net worth requirement and issue the
7477	license on that basis. A monument establishment that is issued a
7478	preneed sales license based upon subsection (3) shall be subject
7479	to subsection (2) regarding subsequent renewals of its preneed
7480	sales license.
7481	(2)  RENEWAL LICENSURE.--Each monument establishment
7482	seeking to renew its preneed sales license shall demonstrate, in
7483	addition to the other requirements of part IV of this chapter
7484	relating to renewal of preneed licenses, a net worth of $10,000
7485	as of the year end for its fiscal year most recently concluded
7486	prior to the renewal date. Such net worth shall be demonstrated
7487	in financial statements prepared in accordance with generally
7488	accepted accounting principles and filed with the licensing
7489	authority. If the monument establishment seeking renewal of its
7490	preneed licensure cannot demonstrate the required net worth, the
7491	licensing authority may in accordance with subsection (3) accept
7492	alternative factors or arrangements as substituting for the
7493	$10,000 net worth requirement and renew the license for that
7494	renewal cycle on that basis.
7495	(3)  ALTERNATIVES TO $10,000 NET WORTH REQUIREMENT.--
7496	(a)  A monument establishment that cannot demonstrate the
7497	required $10,000 net worth may voluntarily submit to the
7498	licensing authority and request acceptance of alternative
7499	evidence of financial stability and resources or agree to
7500	additional oversight in lieu of the required net worth. Such
7501	additional evidence or oversight may include, as appropriate,
7502	one or more of the following:
7503	1.  An agreement to submit monthly financial statements of
7504	the entity.
7505	2.  An agreement to submit quarterly financial statements
7506	of the entity.
7507	3.  An appraisal of the entity's property or broker's
7508	opinion of the entity's assets.
7509	4.  A credit report of the entity or its principals.
7510	5.  A subordination-of-debt agreement from the entity's
7511	principals.
7512	6.  An indemnification or subrogation agreement binding the
7513	entity and its principals.
7514	7.  A guarantee agreement for the entity from its
7515	principals.
7516	8.  A written explanation of past financial activity of the
7517	entity.
7518	9.  Submission of a 12-month projected business plan of the
7519	entity that includes:
7520	a.  A statement of cash flows.
7521	b.  Pro forma income statements, with sources of revenues
7522	identified.
7523	c.  Marketing initiatives.
7524	10.  Submission of previous department examination reports
7525	of the entity.
7526	11.  An agreement of 100 percent voluntary trust by the
7527	entity.
7528	(b)  The licensing authority may accept such alternative
7529	evidence or arrangements in lieu of the required net worth only
7530	if the licensing authority determines such alternative evidence
7531	or arrangements are an adequate substitute for $10,000 of net
7532	worth and that acceptance would not substantially increase the
7533	risk to existing or future customers of nonperformance by the
7534	monument establishment on its retail sales agreements.
7535	(4)  BRANCH OPERATIONS.--A licensed monument establishment
7536	under common control with another monument establishment,
7537	funeral establishment, or licensed cemetery, which other
7538	monument establishment, funeral establishment, or licensed
7539	cemetery holds a preneed sales license in good standing, may
7540	engage in preneed sales under and as a branch of that other
7541	entity's preneed sales license, if there is compliance with the
7542	usual requirements of this part for branch operation, and the
7543	entity holding the preneed sales license executes and files with
7544	the licensing authority a written agreement in a form acceptable
7545	to the licensing authority guaranteeing performance of the
7546	preneed sales of the branch.
7547	Section 124.  Part VI of chapter 497, Florida Statutes,
7548	consisting of sections 497.601, 497.602, 497.603, 497.604,
7549	497.605, 497.606, 497.607, and 497.608, is created to read:
7550	PART VI
7551	CREMATION, CREMATORIES, AND DIRECT DISPOSITION
7552	Section 125.  Section 470.0165, Florida Statutes, is
7553	renumbered as section 497.601, Florida Statutes, and amended to
7554	read:
7555	497.601 470.0165  Direct disposition; duties.--
7556	(1)  Those individuals licensed registered as direct
7557	disposers may perform only those functions set forth below:
7558	(a)  Remove human remains from the place of death and store
7559	human remains in registered direct disposal establishments.
7560	(b)  Secure pertinent information from the decedent's next
7561	of kin in order to complete the death certificate and to file
7562	for the necessary permits for direct disposition.
7563	(c)  Obtain the necessary permits for direct disposition
7564	and arrange for obituaries and death notices to be placed in
7565	newspapers; provided, however, that the name of the direct
7566	disposal establishment may not appear in any death notice or
7567	obituary if any funeral service, memorial service, or graveside
7568	service is to take place and such service is mentioned in the
7569	death notice or obituary.
7570	(d)  Refrigerate human remains prior to direct disposition
7571	and transport human remains to a direct disposal establishment
7572	for direct disposition.
7573	(e)  Contract with a removal service or refrigeration
7574	facility to provide such services or facilities to a direct
7575	disposal establishment.
7576	(2)  Direct disposers or funeral directors functioning as
7577	direct disposers may not, in their capacity as direct disposers,
7578	sell, conduct, or arrange for burials, funeral services,
7579	memorial services, visitations, or viewings; hold themselves out
7580	to the public as funeral directors; or use any name, title, or
7581	advertisement that may tend to connote that they are funeral
7582	directors. These prohibitions shall apply regardless of the fact
7583	that such individuals may be licensed as funeral directors.
7584	(3)  Provided that direct disposers limit their activities
7585	to those functions set forth in subsection (1), those activities
7586	shall not be deemed to constitute funeral directing or embalming
7587	or the functions performed by a funeral director or embalmer as
7588	otherwise set forth in this chapter.
7589	Section 126.  Section 470.017, Florida Statutes, is
7590	renumbered as section 497.602, Florida Statutes, and amended to
7591	read:
7592	(Substantial rewording of section. See
7593	s. 470.017, F.S., for present text.)
7594	497.602  Direct disposers, license required; licensing
7595	procedures and criteria; regulation.--
7596	(1)  LICENSE REQUIRED.--Any person who is not a licensed
7597	funeral director and who engages in the practice of direct
7598	disposition must be licensed pursuant to this section as a
7599	direct disposer.
7600	(2)  APPLICATION PROCEDURES.--
7601	(a)  A person seeking licensure as a direct disposer shall
7602	apply for such licensure using forms prescribed by rule.
7603	(b)  The application shall require the name, residence
7604	address, date and place of birth, and social security number of
7605	the applicant.
7606	(c)  The application may require information as to the
7607	educational and employment history of the applicant.
7608	(d)  The application shall require the applicant to
7609	disclose whether the applicant has ever been convicted or found
7610	guilty of, or entered a plea of nolo contendere to, regardless
7611	of adjudication, any crime in any jurisdiction.
7612	(e)  The application shall require the applicant to
7613	disclose whether the applicant has ever had a license or the
7614	authority to practice a profession or occupation refused,
7615	suspended, fined, denied, or otherwise acted against or
7616	disciplined by the licensing authority of any jurisdiction. A
7617	licensing authority's acceptance of a relinquishment of
7618	licensure, stipulation, consent order, or other settlement,
7619	offered in response to or in anticipation of the filing of
7620	charges against the license, shall be construed as action
7621	against the license.
7622	(f)  The application shall require the applicant to provide
7623	fingerprints in accordance with part I of this chapter.
7624	(g)  The application shall require the applicant to
7625	demonstrate that the applicant does, or will before commencing
7626	operations under the license, comply with all requirements of
7627	this chapter relating to the licensure for which the applicant
7628	applied.
7629	(h)  The application shall be signed by the applicant.
7630	(i)  The application shall be accompanied by a
7631	nonrefundable fee of $300. The licensing authority may from time
7632	to time increase the fee by rule but not to exceed $500.
7633	(3)  ACTION CONCERNING APPLICATIONS.--A duly completed
7634	application for licensure under this section, accompanied by the
7635	required fees, shall be approved if the licensing authority
7636	determines that the following conditions are met:
7637	(a)  The applicant is a natural person at least 18 years of
7638	age and a high school graduate or equivalent.
7639	(b)  The applicant has taken and received a passing grade
7640	in a college credit course in Florida mortuary law.
7641	(c)  The applicant has completed a course on communicable
7642	diseases approved by the licensing authority.
7643	(d)  The applicant has passed an examination prepared by
7644	the department on the local, state, and federal laws and rules
7645	relating to the disposition of dead human bodies.
7646	(e)  The applicant does, or will prior to commencing
7647	operations under the license, comply with all requirements of
7648	this chapter relating to the license for which the applicant
7649	applied.
7650	(f)  The applicant is of good character and has no
7651	demonstrated history of lack of trustworthiness or integrity in
7652	business or professional matters.
7653	(4)  ISSUANCE OF LICENSE.--Upon approval of the application
7654	by the licensing authority, the license shall be issued.
7655	(5)  DISPLAY OF LICENSE.--There shall be adopted rules that
7656	require each license issued under this section to be displayed
7657	in such a manner as to make it visible to the public and to
7658	facilitate inspection by the department. Each licensee shall
7659	permanently affix a recent photograph of the licensee to each
7660	displayed license issued to that licensee as a direct disposer.
7661	Section 127.  Section 470.018, Florida Statutes, is
7662	renumbered as section 497.603, Florida Statutes, and amended to
7663	read:
7664	497.603 470.018  Direct disposers, renewal of license
7665	Renewal of registration of direct disposer.--
7666	(1)  A direct disposer's license shall be renewed The
7667	department shall renew a registration upon receipt of the
7668	renewal application and fee set by rule of the licensing
7669	authority but the department not to exceed $250.
7670	(2)  There shall be adopted The department shall adopt
7671	rules establishing a schedule, forms, and procedures procedure
7672	for the biennial renewal of licenses as direct disposers
7673	registrations. There shall be adopted The board shall prescribe
7674	by rule continuing education requirements of up to 6 3 classroom
7675	hours and there may by rule be established establish criteria
7676	for accepting alternative nonclassroom continuing education on
7677	an hour-for-hour basis, in addition to an approved a board-
7678	approved course on communicable diseases that includes the
7679	course on human immunodeficiency virus and acquired immune
7680	deficiency syndrome required by s. 497.367 455.2226, for the
7681	renewal of a license as a direct disposer registration.
7682	Section 128.  Section 470.021, Florida Statutes, is
7683	renumbered as section 497.604, Florida Statutes, and amended to
7684	read:
7685	(Substantial rewording of section. See
7686	s. 470.021, F.S., for present text.)
7687	497.604  Direct disposal establishments, license required;
7688	licensing procedures and criteria; license renewal;
7689	regulation.--
7690	(1)  LICENSE REQUIRED.--A direct disposer shall practice at
7691	a direct disposal establishment that has been licensed under
7692	this section and that may be a cinerator facility licensed under
7693	s. 497.606. No person may open or maintain an establishment at
7694	which to engage in or hold herself or himself out as engaging in
7695	the practice of direct disposition unless such establishment is
7696	licensed pursuant to this section.
7697	(2)  APPLICATION PROCEDURES.--
7698	(a)  A person seeking licensure as a direct disposal
7699	establishment shall apply for such licensure using forms
7700	prescribed by rule.
7701	(b)  The application shall require the name, business
7702	address, residence address, date and place of birth or
7703	incorporation, and business phone number of the applicant and
7704	all principals of the applicant. The application shall require
7705	the applicant's social security number or, if the applicant is
7706	an entity, its federal tax identification number.
7707	(c)  The application shall name the licensed direct
7708	disposer or licensed funeral director who will acting as a
7709	direct disposer in charge of the direct disposal establishment.
7710	(d)  The application may require information as to the
7711	applicant's financial resources.
7712	(e)  The application may require information as to the
7713	educational and employment history of an individual applicant,
7714	and, with respect to applicants that are not natural persons,
7715	the business and employment history of the applicant and
7716	principals of the applicant.
7717	(f)  The application shall require the applicant to
7718	disclose whether the applicant or any of the applicant's
7719	principals, including its proposed supervising licensee, have
7720	ever been convicted or found guilty of, or entered a plea of
7721	nolo contendere to, regardless of adjudication, any crime in any
7722	jurisdiction.
7723	(g)  The application shall require the applicant to
7724	disclose whether the applicant or any of the applicant's
7725	principals, including its proposed supervising licensee, have
7726	ever had a license or the authority to practice a profession or
7727	occupation refused, suspended, fined, denied, or otherwise acted
7728	against or disciplined by the licensing authority of any
7729	jurisdiction. A licensing authority's acceptance of a
7730	relinquishment of licensure, stipulation, consent order, or
7731	other settlement, offered in response to or in anticipation of
7732	the filing of charges against the license, shall be construed as
7733	action against the license.
7734	(h)  The application shall require the applicant and its
7735	principals to provide fingerprints in accordance with part I of
7736	this chapter.
7737	(i)  The application shall require the applicant to
7738	demonstrate that the applicant does, or will before commencing
7739	operations under the license, comply with all requirements of
7740	this chapter relating to the licensure for which the applicant
7741	applied.
7742	(j)  The application shall be signed by the applicant if a
7743	natural person or by the president of an applicant that is not a
7744	natural person.
7745	(k)  The application shall be accompanied by a
7746	nonrefundable fee of $300. The licensing authority may from time
7747	to time by rule increase the fee but not to exceed $500.
7748	(3)  ACTION CONCERNING APPLICATIONS.--A duly completed
7749	application for licensure under this section, accompanied by the
7750	required fee, shall be approved if the licensing authority
7751	determines that the following conditions are met:
7752	(a)  The applicant is a natural person at least 18 years of
7753	age, a corporation, a partnership, or a limited liability
7754	company formed prior to January 1, 2006, which limited liability
7755	company already holds a license under this chapter.
7756	(b)  The applicant does, or will prior to commencing
7757	operations under the license, comply with all requirements of
7758	this chapter relating to the license for which the applicant
7759	applied.
7760	(c)  The applicant and the applicant's principals are of
7761	good character and have no demonstrated history of lack of
7762	trustworthiness or integrity in business or professional
7763	matters.
7764	(4)  ISSUANCE OF LICENSE.--Upon approval of the application
7765	by the licensing authority, the license shall be issued.
7766	(5)  PROBATIONARY STATUS.--It is the policy of this state
7767	to encourage competition for the public benefit in the direct
7768	disposal establishment business by, among other means, the entry
7769	of new licensees into that business. To facilitate issuance of
7770	licenses concerning applications judged by the licensing
7771	authority to be borderline as to qualification for licensure,
7772	the licensing authority may issue a new license under this
7773	section on a probationary basis, subject to conditions specified
7774	by the licensing authority on a case-by-case basis, which
7775	conditions may impose special monitoring, reporting, and
7776	restrictions on operations for up to the first 24 months after
7777	licensure to ensure the licensee's responsibleness, competency,
7778	financial stability, and compliance with this chapter. However,
7779	no such probationary license shall be issued unless the
7780	licensing authority determines that issuance would not pose an
7781	unreasonable risk to the public, and the licensing authority
7782	must, within 24 months after issuance of the license, either
7783	remove the probationary status or determine that the licensee is
7784	not qualified for licensure under this chapter and institute
7785	proceedings for revocation of licensure.
7786	(6)  RENEWAL OF LICENSE.--A direct disposal establishment
7787	license shall be renewed biennially pursuant to a schedule,
7788	forms, and procedures and upon payment of a fee of $200. The
7789	licensing authority may from time to time increase the fee by
7790	rule but not to exceed $400.
7791	(7)  CHANGES SUBSEQUENT TO LICENSURE.--Each licensee under
7792	this section must provide notice as required by rule prior to
7793	any change in location or control of the licensee or licensed
7794	person in charge of the licensee's operations. Any such change
7795	is subject to disapproval or to reasonable conditions imposed by
7796	the licensing authority for the protection of the public to
7797	ensure compliance with this chapter.
7798	(8)  SUPERVISION OF FACILITIES.--Each direct disposal
7799	establishment shall have one full-time licensed direct disposer
7800	or licensed funeral director acting as a direct disposer in
7801	charge and reasonably available to the public during normal
7802	business hours for that establishment. Such person may be in
7803	charge of only one facility. Such licensed funeral director or
7804	licensed direct disposer shall be responsible for making sure
7805	the facility, its operations, and all persons employed in the
7806	facility comply with all applicable state and federal laws and
7807	rules.
7808	(9)  REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.--
7809	(a)  There shall be established by rule standards for
7810	direct disposal establishments, including, but not limited to,
7811	requirements for refrigeration and storage of dead human bodies.
7812	(b)  The practice of direct disposition must be engaged in
7813	at a fixed location of at least 625 interior contiguous square
7814	feet and must maintain or make arrangements for suitable
7815	capacity for the refrigeration and storage of dead human bodies
7816	handled and stored by the establishment.
7817	(c)  Each direct disposal establishment shall at all times
7818	be subject to the inspection of all its buildings, grounds, and
7819	vehicles used in the conduct of its business by the department,
7820	the Department of Health, and local government inspectors and by
7821	their agents. There shall be adopted rules that establish such
7822	inspection requirements. There shall be adopted by rule of the
7823	licensing authority an annual inspection fee not to exceed $300,
7824	payable upon issuance of the license and upon each renewal of
7825	such license.
7826	(d)  Each direct disposal establishment must display at the
7827	public entrance the name of the establishment and the name of
7828	the direct disposer or licensed funeral director acting as a
7829	direct disposer responsible for that establishment. A direct
7830	disposal establishment must transact its business under the name
7831	by which it is licensed.
7832	(e)  A direct disposal establishment may not be operated at
7833	the same location as any other direct disposal establishment or
7834	funeral establishment unless such establishments were licensed
7835	as colocated establishments on July 1, 2000.
7836	Section 129.  Section 470.022, Florida Statutes, is
7837	renumbered as section 497.605, Florida Statutes, and amended to
7838	read:
7839	497.605 470.022  Direct disposition not funeral
7840	directing.--The duties, functions, and services performed by a
7841	-The duties, functions, and services performed by a direct
7842	disposer licensee registrant, as provided by this chapter, shall
7843	not be deemed to constitute funeral directing or embalming or
7844	the duties, functions, or services performed by a funeral
7845	director or embalmer as otherwise defined and provided by this
7846	chapter.
7847	Section 130.  Section 470.025, Florida Statutes, is
7848	renumbered as section 497.606, Florida Statutes, and amended to
7849	read:
7850	(Substantial rewording of section. See
7851	s. 470.025, F.S., for present text.)
7852	497.606  Cinerator facility, licensure required; licensing
7853	procedures and criteria; license renewal; regulation.--
7854	(1)  LICENSE REQUIRED.--No person may conduct, maintain,
7855	manage, or operate a cinerator facility unless a license for
7856	such facility has been issued and is in good standing under this
7857	section.
7858	(2)  APPLICATION PROCEDURES.--
7859	(a)  A person seeking licensure as a cinerator facility
7860	shall apply for such licensure using forms prescribed by rule.
7861	(b)  The application shall require the name, business
7862	address, residence address, date and place of birth or
7863	incorporation, and business phone number of the applicant and
7864	all principals of the applicant. The application shall require
7865	the applicant's social security number or, if the applicant is
7866	an entity, its federal tax identification number.
7867	(c)  The application shall name the licensed funeral
7868	director or licensed direct disposer who will be in charge of
7869	the cinerator facility.
7870	(d)  The application may require information as to the
7871	applicant's financial resources.
7872	(e)  The application may require information as to the
7873	educational and employment history of an individual applicant,
7874	and, with respect to applicants that are not natural persons,
7875	the business and employment history of the applicant and
7876	principals of the applicant.
7877	(f)  The application shall require the applicant to
7878	disclose whether the applicant or any of the applicant's
7879	principals, including its proposed supervising licensee, have
7880	ever been convicted or found guilty of, or entered a plea of
7881	nolo contendere to, regardless of adjudication, any crime in any
7882	jurisdiction.
7883	(g)  The application shall require the applicant to
7884	disclose whether the applicant or any of the applicant's
7885	principals, including its proposed supervising licensee, have
7886	ever had a license or the authority to practice a profession or
7887	occupation refused, suspended, fined, denied, or otherwise acted
7888	against or disciplined by the licensing authority of any
7889	jurisdiction. A licensing authority's acceptance of a
7890	relinquishment of licensure, stipulation, consent order, or
7891	other settlement, offered in response to or in anticipation of
7892	the filing of charges against the license, shall be construed as
7893	action against the license.
7894	(h)  The application shall require the applicant and its
7895	principals to provide fingerprints in accordance with part I of
7896	this chapter.
7897	(i)  The application shall require the applicant to
7898	demonstrate that the applicant does, or will before commencing
7899	operations under the license, comply with all requirements of
7900	this chapter relating to the licensure for which the applicant
7901	applied.
7902	(j)  The application shall be signed by the applicant if a
7903	natural person or by the president of an applicant that is not a
7904	natural person.
7905	(k)  The application shall be accompanied by a
7906	nonrefundable fee of $300. The licensing authority may from time
7907	to time increase the fee by rule but not to exceed $500.
7908	(3)  ACTION CONCERNING APPLICATIONS.--A duly completed
7909	application for licensure under this section, accompanied by the
7910	required fee, shall be approved if the licensing authority
7911	determines that the following conditions are met:
7912	(a)  No license may be issued unless the cinerator facility
7913	has been inspected and approved as meeting all requirements as
7914	set forth by the department, the Department of Health, the
7915	Department of Environmental Protection, or any local ordinance
7916	regulating the facility.
7917	(b)  The applicant is a natural person at least 18 years of
7918	age, a corporation, a partnership, or a limited liability
7919	company formed prior to January 1, 2006, which limited liability
7920	company already holds a license under this chapter.
7921	(c)  The applicant does, or will prior to commencing
7922	operations under the license, comply with all requirements of
7923	this chapter relating to the license for which the applicant
7924	applied.
7925	(d)  The applicant and the applicant's principals are of
7926	good character and have no demonstrated history of lack of
7927	trustworthiness or integrity in business or professional
7928	matters.
7929	(4)  PROBATIONARY STATUS.--It is the policy of this state
7930	to encourage competition for the public benefit in the cinerator
7931	facility business by, among other means, the entry of new
7932	licensees into that business. To facilitate issuance of licenses
7933	concerning applications judged by the licensing authority to be
7934	borderline as to qualification for licensure, the licensing
7935	authority may issue a new license under this section on a
7936	probationary basis, subject to conditions specified by the
7937	licensing authority on a case-by-case basis, which conditions
7938	may impose special monitoring, reporting, and restrictions on
7939	operations for up to the first 24 months after licensure, to
7940	ensure the licensee's responsibleness, competency, financial
7941	stability, and compliance with this chapter. Provided, no such
7942	probationary license shall be issued unless the licensing
7943	authority determines that issuance would not pose an
7944	unreasonable risk to the public, and the licensing authority
7945	must, within 24 months after issuance of the license, either
7946	remove the probationary status or determine that the licensee is
7947	not qualified for licensure under this chapter and institute
7948	proceedings for revocation of licensure.
7949	(5)  ISSUANCE OF LICENSE.--Upon approval of the application
7950	by the licensing authority, the license shall be issued.
7951	(6)  RENEWAL OF LICENSE.--Licenses under this section shall
7952	be renewed biennially in accordance with a schedule, forms, and
7953	procedures established by rule. The nonrefundable and
7954	nonproratable biennial renewal fee shall be as determined by
7955	licensing authority rule but not to exceed $500.
7956	(7)  CHANGES SUBSEQUENT TO LICENSURE.--Each licensee under
7957	this section must provide notice as required by rule prior to
7958	any change in location, control, or licensed person in charge.
7959	Any such change is subject to disapproval or to reasonable
7960	conditions imposed by the licensing authority for the protection
7961	of the public to ensure compliance with this chapter.
7962	(8)  SUPERVISION OF FACILITIES.--Each cinerator facility
7963	shall have one full-time licensed direct disposer or licensed
7964	funeral director in charge of that facility. Such person may be
7965	in charge of only one facility. Such licensed funeral director
7966	or licensed direct disposer shall be responsible for making sure
7967	the facility, its operations, and all persons employed in the
7968	facility comply with all applicable state and federal laws and
7969	rules.
7970	(9)  REGULATION OF CINERATOR FACILITIES.--
7971	(a)  There shall be established by rule standards for
7972	cinerator facilities, including, but not limited to,
7973	requirements for refrigeration and storage of dead human bodies,
7974	use of forms and contracts, and record retention.
7975	(b)  No more than one dead human body may be placed in a
7976	retort at one time, unless written permission has been received
7977	from a legally authorized person for each body. The operator of
7978	a cinerator facility shall be entitled to rely on the permission
7979	of a legally authorized person to cremate more than one human
7980	body at a time.
7981	(c)  Each cinerator facility shall at all times be subject
7982	to the inspection of all its buildings, grounds, records,
7983	equipment, and vehicles used in the conduct of its business by
7984	the department, the Department of Environmental Protection, the
7985	Department of Health, and local government inspectors and by
7986	their agents. Rules shall be adopted that establish such
7987	inspection requirements. There shall by rule of the licensing
7988	authority be adopted an annual inspection fee not to exceed
7989	$300, payable prior to issuance of license and upon each renewal
7990	of such license.
7991	(d)  A cinerator facility licensed under this section shall
7992	only receive dead human bodies for cremation. A cinerator
7993	facility may not receive other materials, or medical, hazardous,
7994	and biohazardous waste, for the purpose of disposal in a retort.
7995	(e)  Each cinerator facility must display at its public
7996	entrance the name of the facility and the name of the funeral
7997	director or direct disposer responsible for that facility. A
7998	cinerator facility must transact its business under the name by
7999	which it is licensed.
8000	(f)  A cinerator facility located at the same address as a
8001	funeral establishment may not have a direct disposer as its
8002	individual in charge.
8003	(g)  A cinerator facility shall not place human remains or
8004	body parts in a retort or cremation chamber unless the human
8005	remains are in an alternative container, cremation container, or
8006	casket. Human remains may be transported in a cremation
8007	container or stored if they are completely covered and at all
8008	times treated with dignity and respect. Cremation may include
8009	the processing and pulverization of bone fragments. Cremated
8010	remains may be placed in a temporary container following
8011	cremation. None of the provisions contained in this paragraph
8012	require the purchase of a casket for cremation. This paragraph
8013	applies to at-need contracts and preneed contracts entered into
8014	pursuant to this chapter after June 1, 1996.
8015	(h)  Each cinerator facility shall ensure that all
8016	alternative containers, cremation containers, or caskets used
8017	for cremation contain no amount of chlorinated plastics not
8018	authorized by the Department of Environmental Protection and
8019	that they are also composed of readily combustible materials
8020	suitable for cremation, able to be closed to provide a complete
8021	covering for the human remains, resistant to leakage or
8022	spillage, rigid enough for handling with ease, and able to
8023	provide for the health, safety, and personal integrity of the
8024	public and crematory personnel.
8025	(i)  There shall be adopted by rule criteria for acceptable
8026	cremation and alternative containers.
8027	(j)  There shall be rules adopted requiring each facility
8028	to submit periodic reports to the department that include the
8029	names of persons cremated, the date and county of death, the
8030	name of each person supervising each cremation, the name and
8031	license number of the establishment requesting cremation, and
8032	the types of containers used to hold the body during cremation.
8033	(k)  Each cinerator facility must be inspected prior to the
8034	issuance and renewal of its license and shall:
8035	1.  Maintain one or more retorts for the reduction of dead
8036	human bodies.
8037	2.  Maintain refrigeration that satisfies the standards set
8038	by the Department of Health and contains a sufficient number of
8039	shelves for the average daily number of bodies stored, if
8040	unembalmed bodies are kept at the site.
8041	3.  Maintain sufficient pollution control equipment to
8042	comply with requirements of the Department of Environmental
8043	Protection in order to secure annual approved certification.
8044	4.  Either have on site or immediately available sufficient
8045	sealed containers of a type required for the transportation of
8046	bodies as specified in applicable state rules.
8047	5.  Maintain the premises in a clean and sanitary
8048	condition.
8049	6.  Have appropriate Department of Environmental Protection
8050	permits.
8051	7.  Retain all signed contracts for a period of at least 2
8052	years.
8053	Section 131.  Section 470.0255, Florida Statutes, is
8054	renumbered as section 497.607, Florida Statutes, and amended to
8055	read:
8056	497.607 470.0255  Cremation; procedure required.--
8057	(1)  At the time of the arrangement for a cremation
8058	performed by any person licensed pursuant to this chapter, the
8059	person contracting for cremation services shall be required to
8060	designate his or her or his intentions with respect to the
8061	disposition of the cremated remains of the deceased in a signed
8062	declaration of intent which shall be provided by and retained by
8063	the funeral or direct disposal establishment. A cremation may
8064	not be performed until a legally authorized person gives written
8065	authorization for such cremation. The cremation must be
8066	performed within 48 hours after a specified time which has been
8067	agreed to in writing by the person authorizing the cremation.
8068	(2)  With respect to any person who intends to provide for
8069	the cremation of the deceased, if, after a period of 120 days
8070	from the time of cremation the cremated remains have not been
8071	claimed, the funeral or direct disposal establishment may
8072	dispose of the cremated remains. Such disposal shall include
8073	scattering them at sea or placing them in a licensed cemetery
8074	scatter garden or pond or in a church columbarium or otherwise
8075	disposing of the remains as provided by rule of the department
8076	or board.
8077	(3)  Pursuant to the request of a legally authorized person
8078	and incidental to final disposition, cremation may be performed
8079	on parts of human remains. This subsection does not authorize
8080	the cremation of body parts as defined in s. 497.005.
8081	Section 132.  Section 497.608, Florida Statutes, is created
8082	to read:
8083	497.608  Liability for unintentional commingling of the
8084	residue of the cremation process.--
8085	(1)  The Legislature recognizes that the unintentional or
8086	incidental commingling of the residue of the cremation of human
8087	remains is an inevitable byproduct of the cremation process in a
8088	cinerator retort or cremation chamber.
8089	(2)  The operator of a cinerator facility shall establish
8090	written procedures for the removal of cremated remains, to the
8091	extent possible, resulting from the cremation of a human body
8092	and the postcremation processing, shipping, packing or
8093	identifying of those remains. The operator of a cinerator
8094	facility shall file its written procedures, and any revisions to
8095	those written procedures, with the licensing authority for its
8096	approval, and effective January 1, 2006, the cremation facility
8097	shall not be operated unless it has and follows such written
8098	procedures approved by the licensing authority. However, the
8099	licensing authority may adopt by rule standard uniform
8100	procedures for the removal of such cremated remains, which may
8101	be adopted by any cinerator facility in lieu of promulgating,
8102	filing, and obtaining approval of procedures. A cinerator
8103	facility choosing to the utilize standard uniform procedures
8104	specified by rule shall file notice of its choice with the
8105	licensing authority pursuant to procedures and forms specified
8106	by rule.
8107	(3)  If an operator follows the procedures set forth in
8108	written procedures filed and approved by the licensing
8109	authority, or adopts and follows the standard uniform procedures
8110	adopted by the licensing authority, the operator shall not be
8111	liable for the unintentional or the incidental commingling of
8112	cremated remains resulting from more than one cremation cycle or
8113	from postcremation processing, shipping, packing, or identifying
8114	those remains.
8115	(4)  A copy of the procedures being utilized by a cinerator
8116	facility shall be provided by the cinerator facility upon
8117	request to customers and their representatives, the department,
8118	and other legally authorized persons.
8119	Section 133.  Section 20.121, Florida Statutes, is amended
8120	to read:
8121	20.121  Department of Financial Services.--There is created
8122	a Department of Financial Services.
8123	(1)  DEPARTMENT HEAD.--The head of the Department of
8124	Financial Services is the Chief Financial Officer.
8125	(2)  DIVISIONS.--The Department of Financial Services shall
8126	consist of the following divisions:
8127	(a)  The Division of Accounting and Auditing, which shall
8128	include the following bureau and office:
8129	1.  The Bureau of Unclaimed Property.
8130	2.  The Office of Fiscal Integrity which shall function as
8131	a criminal justice agency for purposes of ss. 943.045-943.08 and
8132	shall have a separate budget. The office may conduct
8133	investigations within or outside this state as the bureau deems
8134	necessary to aid in the enforcement of this section. If during
8135	an investigation the office has reason to believe that any
8136	criminal law of this state has or may have been violated, the
8137	office shall refer any records tending to show such violation to
8138	state or federal law enforcement or prosecutorial agencies and
8139	shall provide investigative assistance to those agencies as
8140	required.
8141	(b)  The Division of State Fire Marshal.
8142	(c)  The Division of Risk Management.
8143	(d)  The Division of Treasury, which shall include a Bureau
8144	of Deferred Compensation responsible for administering the
8145	Government Employees Deferred Compensation Plan established
8146	under s. 112.215 for state employees.
8147	(e)  The Division of Insurance Fraud.
8148	(f)  The Division of Rehabilitation and Liquidation.
8149	(g)  The Division of Insurance Agents and Agency Services.
8150	(h)  The Division of Consumer Services, which shall include
8151	a Bureau of Funeral and Cemetery Services.
8152	1.  The Division of Consumer Services shall perform the
8153	following functions concerning products or services regulated by
8154	the Department of Financial Services or by either office of the
8155	Financial Services Commission:
8156	a.  Receive inquiries and complaints from consumers.;
8157	b.  Prepare and disseminate such information as the
8158	department deems appropriate to inform or assist consumers.;
8159	c.  Provide direct assistance and advocacy for consumers
8160	who request such assistance or advocacy.;
8161	d.  With respect to apparent or potential violations of law
8162	or applicable rules by a person or entity licensed by the
8163	department or by either office of the commission, report such
8164	apparent or potential violation to the appropriate division of
8165	the department or office of the commission, which may take such
8166	further action as it deems appropriate.
8167	2.  Any person licensed or issued a certificate of
8168	authority by the department or by the Office of Insurance
8169	Regulation shall respond, in writing, to the Division of
8170	Consumer Services within 20 days after receipt of a written
8171	request for information from the division concerning a consumer
8172	complaint. The response must address the issues and allegations
8173	raised in this complaint. The division may, in its discretion,
8174	impose an administrative penalty for failure to comply with this
8175	subparagraph in an amount up to $2,500 per violation upon any
8176	entity licensed by the department or the Office of Insurance
8177	Regulation and $250 for the first violation, $500 for the second
8178	violation and up to $1,000 per violation thereafter upon any
8179	individual licensed by the department or the Office of Insurance
8180	Regulation.
8181	3.  The department may adopt rules to implement the
8182	provisions of this paragraph.
8183	4.  The powers, duties, and responsibilities expressed or
8184	granted in this paragraph shall not limit the powers, duties,
8185	and responsibilities of the Department of Financial Services,
8186	the Financial Services Commission, the Office of Insurance
8187	Regulation, or the Office of Financial Regulation set forth
8188	elsewhere in the Florida Statutes.
8189	(i)  The Division of Workers' Compensation.
8190	(j)  The Division of Administration.
8191	(k)  The Division of Legal Services.
8192	(l)  The Division of Information Systems.
8193	(m)  The Office of Insurance Consumer Advocate.
8194	(n)  The Division of Funeral, Cemetery, and Consumer
8195	Services.
8196	(3)  FINANCIAL SERVICES COMMISSION.--Effective January 7,
8197	2003, there is created within the Department of Financial
8198	Services the Financial Services Commission, composed of the
8199	Governor, the Attorney General, the Chief Financial Officer, and
8200	the Commissioner of Agriculture, which shall for purposes of
8201	this section be referred to as the commission. Commission
8202	members shall serve as agency head of the Financial Services
8203	Commission. The commission shall be a separate budget entity and
8204	shall be exempt from the provisions of s. 20.052. Commission
8205	action shall be by majority vote consisting of at least three
8206	affirmative votes. The commission shall not be subject to
8207	control, supervision, or direction by the Department of
8208	Financial Services in any manner, including purchasing,
8209	transactions involving real or personal property, personnel, or
8210	budgetary matters.
8211	(a)  Structure.--The major structural unit of the
8212	commission is the office. Each office shall be headed by a
8213	director. The following offices are established:
8214	1.  The Office of Insurance Regulation, which shall be
8215	responsible for all activities concerning insurers and other
8216	risk bearing entities, including licensing, rates, policy forms,
8217	market conduct, claims, adjusters, issuance of certificates of
8218	authority, solvency, viatical settlements, premium financing,
8219	and administrative supervision, as provided under the insurance
8220	code or chapter 636. The head of the Office of Insurance
8221	Regulation is the Director of the Office of Insurance
8222	Regulation.
8223	2.  The Office of Financial Regulation, which shall be
8224	responsible for all activities of the Financial Services
8225	Commission relating to the regulation of banks, credit unions,
8226	other financial institutions, finance companies, and the
8227	securities industry. The head of the office is the Director of
8228	the Office of Financial Regulation. The Office of Financial
8229	Regulation shall include a Bureau of Financial Investigations,
8230	which shall function as a criminal justice agency for purposes
8231	of ss. 943.045-943.08 and shall have a separate budget. The
8232	bureau may conduct investigations within or outside this state
8233	as the bureau deems necessary to aid in the enforcement of this
8234	section. If, during an investigation, the office has reason to
8235	believe that any criminal law of this state has or may have been
8236	violated, the office shall refer any records tending to show
8237	such violation to state or federal law enforcement or
8238	prosecutorial agencies and shall provide investigative
8239	assistance to those agencies as required.
8240	(b)  Organization.--The commission shall establish by rule
8241	any additional organizational structure of the offices. It is
8242	the intent of the Legislature to provide the commission with the
8243	flexibility to organize the offices in any manner they determine
8244	appropriate to promote both efficiency and accountability.
8245	(c)  Powers.--Commission members shall serve as the agency
8246	head for purposes of rulemaking under ss. 120.536-120.565 by the
8247	commission and all subunits of the commission. Each director is
8248	agency head for purposes of final agency action under chapter
8249	120 for all areas within the regulatory authority delegated to
8250	the director's office.
8251	(d)  Appointment and qualifications of directors.--The
8252	commission shall appoint or remove each director by a majority
8253	vote consisting of at least three affirmative votes, with both
8254	the Governor and the Chief Financial Officer on the prevailing
8255	side. The minimum qualifications of the directors are as
8256	follows:
8257	1.  Prior to appointment as director, the Director of the
8258	Office of Insurance Regulation must have had, within the
8259	previous 10 years, at least 5 years of responsible private
8260	sector experience working full time in areas within the scope of
8261	the subject matter jurisdiction of the Office of Insurance
8262	Regulation or at least 5 years of experience as a senior
8263	examiner or other senior employee of a state or federal agency
8264	having regulatory responsibility over insurers or insurance
8265	agencies.
8266	2.  Prior to appointment as director, the Director of the
8267	Office of Financial Regulation must have had, within the
8268	previous 10 years, at least 5 years of responsible private
8269	sector experience working full time in areas within the subject
8270	matter jurisdiction of the Office of Financial Regulation or at
8271	least 5 years of experience as a senior examiner or other senior
8272	employee of a state or federal agency having regulatory
8273	responsibility over financial institutions, finance companies,
8274	or securities companies.
8275
8276	(e)  Administrative support.--The offices shall have a
8277	sufficient number of attorneys, examiners, investigators, other
8278	professional personnel to carry out their responsibilities and
8279	administrative personnel as determined annually in the
8280	appropriations process. The Department of Financial Services
8281	shall provide administrative and information systems support to
8282	the offices.
8283	(f)  Records retention schedules.--The commission and the
8284	offices may destroy general correspondence files and also any
8285	other records that they deem no longer necessary to preserve in
8286	accordance with retention schedules and destruction notices
8287	established under rules of the Division of Library and
8288	Information Services, records and information management
8289	program, of the Department of State. Such schedules and notices
8290	relating to financial records of the commission and offices
8291	shall be subject to the approval of the Auditor General.
8292	(g)  Records storage.--The commission and offices may
8293	photograph, microphotograph, or reproduce on film such documents
8294	and records as they may select, in such manner that each page
8295	will be exposed in exact conformity with the original. After
8296	reproduction and filing, original documents and records may be
8297	destroyed in accordance with the provisions of paragraph (f).
8298	(4)  BOARD OF FUNERAL, CEMETERY, AND CONSUMER SERVICES.--
8299	The Board of Funeral, Cemetery, and Consumer Services is created
8300	within the Division of Funeral, Cemetery, and Consumer Services
8301	of the Department of Financial Services.
8302	(5)(4)  TRANSITIONAL RULES.--Effective January 7, 2003, the
8303	rules of the Department of Banking and Finance and of the
8304	Department of Insurance that were in effect on January 6, 2003,
8305	shall become rules of the Department of Financial Services or
8306	the Financial Services Commission as is appropriate to the
8307	corresponding regulatory or constitutional function and shall
8308	remain in effect until specifically amended or repealed in the
8309	manner provided by law.
8310	Section 134.  Paragraph (a) of subsection (4) of section
8311	20.165, Florida Statutes, is amended to read:
8312	20.165  Department of Business and Professional
8313	Regulation.--There is created a Department of Business and
8314	Professional Regulation.
8315	(4)(a)  The following boards are established within the
8316	Division of Professions:
8317	1.  Board of Architecture and Interior Design, created
8318	under part I of chapter 481.
8319	2.  Florida Board of Auctioneers, created under part VI of
8320	chapter 468.
8321	3.  Barbers' Board, created under chapter 476.
8322	4.  Florida Building Code Administrators and Inspectors
8323	Board, created under part XII of chapter 468.
8324	5.  Construction Industry Licensing Board, created under
8325	part I of chapter 489.
8326	6.  Board of Cosmetology, created under chapter 477.
8327	7.  Electrical Contractors' Licensing Board, created under
8328	part II of chapter 489.
8329	8.  Board of Employee Leasing Companies, created under part
8330	XI of chapter 468.
8331	9.  Board of Funeral Directors and Embalmers, created under
8332	chapter 470.
8333	9.10.  Board of Landscape Architecture, created under part
8334	II of chapter 481.
8335	10.11.  Board of Pilot Commissioners, created under chapter
8336	310.
8337	11.12.  Board of Professional Engineers, created under
8338	chapter 471.
8339	12.13.  Board of Professional Geologists, created under
8340	chapter 492.
8341	13.14.  Board of Professional Surveyors and Mappers,
8342	created under chapter 472.
8343	14.15.  Board of Veterinary Medicine, created under chapter
8344	474.
8345	Section 135.  Paragraph (a) of subsection (1) of section
8346	316.1974, Florida Statutes, is amended to read:
8347	316.1974  Funeral procession right-of-way and liability.--
8348	(1)  DEFINITIONS.--
8349	(a)  "Funeral director" and "funeral establishment" shall
8350	have the same meaning as set forth in s. 497.005 470.002.
8351	Section 136.  Paragraph (a) of subsection (2) of section
8352	381.0098, Florida Statutes, is amended to read:
8353	381.0098  Biomedical waste.--
8354	(2)  DEFINITIONS.--As used in this section, the term:
8355	(a)  "Biomedical waste" means any solid or liquid waste
8356	which may present a threat of infection to humans. The term
8357	includes, but is not limited to, nonliquid human tissue and body
8358	parts; laboratory and veterinary waste which contains human-
8359	disease-causing agents; discarded disposable sharps; human
8360	blood, blood products, and body fluids; and other materials
8361	which in the opinion of the department represent a significant
8362	risk of infection to persons outside the generating facility.
8363	The term does not include human remains that are disposed of by
8364	persons licensed under chapter 497 470.
8365	Section 137.  Subsection (7) of section 382.002, Florida
8366	Statutes, is amended to read:
8367	382.002  Definitions.--As used in this chapter, the term:
8368	(7)  "Funeral director" means a licensed funeral director
8369	or direct disposer licensed pursuant to chapter 497 470 or other
8370	person who first assumes custody of or effects the final
8371	disposition of a dead body or a fetus as described in subsection
8372	(5).
8373	Section 138.  Subsections (21), (37), and (39) of section
8374	403.703, Florida Statutes, are amended to read:
8375	403.703  Definitions.--As used in this act, unless the
8376	context clearly indicates otherwise, the term:
8377	(21)  "Hazardous waste" means solid waste, or a combination
8378	of solid wastes, which, because of its quantity, concentration,
8379	or physical, chemical, or infectious characteristics, may cause,
8380	or significantly contribute to, an increase in mortality or an
8381	increase in serious irreversible or incapacitating reversible
8382	illness or may pose a substantial present or potential hazard to
8383	human health or the environment when improperly transported,
8384	disposed of, stored, treated, or otherwise managed. The term
8385	does not include human remains that are disposed of by persons
8386	licensed under chapter 497 470.
8387	(37)  "Biomedical waste" means any solid waste or liquid
8388	waste which may present a threat of infection to humans. The
8389	term includes, but is not limited to, nonliquid human tissue and
8390	body parts; laboratory and veterinary waste which contain human-
8391	disease-causing agents; discarded disposable sharps; human
8392	blood, and human blood products and body fluids; and other
8393	materials which in the opinion of the Department of Health
8394	represent a significant risk of infection to persons outside the
8395	generating facility. The term does not include human remains
8396	that are disposed of by persons licensed under chapter 497 470.
8397	(39)  "Biological waste" means solid waste that causes or
8398	has the capability of causing disease or infection and includes,
8399	but is not limited to, biomedical waste, diseased or dead
8400	animals, and other wastes capable of transmitting pathogens to
8401	humans or animals. The term does not include human remains that
8402	are disposed of by persons licensed under chapter 497 470.
8403	Section 139.  Paragraph (a) of subsection (1) of section
8404	406.02, Florida Statutes, is amended to read:
8405	406.02  Medical Examiners Commission; membership; terms;
8406	duties; staff.--
8407	(1)  There is created the Medical Examiners Commission
8408	within the Department of Law Enforcement. The commission shall
8409	consist of nine persons appointed or selected as follows:
8410	(a)  The Governor shall appoint:
8411	1.  Two members who are physicians licensed pursuant to
8412	chapter 458 or chapter 459 and who are active district medical
8413	examiners;
8414	2.  One member who is a funeral director licensed pursuant
8415	to chapter 497 470;
8416	3.  One member who is a state attorney;
8417	4.  One member who is a public defender;
8418	5.  One member who is a sheriff; and
8419	6.  One member who is a county commissioner.
8420	Section 140.  Section 406.50, Florida Statutes, is amended
8421	to read:
8422	406.50  Unclaimed dead bodies or human remains;
8423	disposition, procedure.--All public officers, agents, or
8424	employees of every county, city, village, town, or municipality
8425	and every person in charge of any prison, morgue, hospital,
8426	funeral parlor, or mortuary and all other persons coming into
8427	possession, charge, or control of any dead human body or remains
8428	which are unclaimed or which are required to be buried or
8429	cremated at public expense are hereby required to notify,
8430	immediately, the anatomical board, whenever any such body,
8431	bodies, or remains come into its possession, charge, or control.
8432	Notification of the anatomical board is not required if the
8433	death was caused by crushing injury, the deceased had a
8434	contagious disease, an autopsy was required to determine cause
8435	of death, the body was in a state of severe decomposition, or a
8436	family member objects to use of the body for medical education
8437	and research.
8438	(1)  The person or entity in charge or control of the dead
8439	body or human remains shall make a reasonable effort to
8440	determine:
8441	(a)  The identity of the deceased person and shall further
8442	make a reasonable effort to contact any relatives of such
8443	deceased person.
8444	(b)  Whether or not the deceased person is entitled to
8445	burial in a national cemetery as a veteran of the armed forces
8446	and, if so, shall make arrangements for such burial services in
8447	accordance with the provisions of 38 C.F.R. For purposes of this
8448	subsection, "a reasonable effort" includes contacting the county
8449	veterans service office or regional office of the United States
8450	Department of Veterans Affairs.
8451	(2)  Such dead human bodies as described in this chapter
8452	shall be delivered to the anatomical board as soon as possible
8453	after death.
8454	(3)  Nothing herein shall affect the right of a medical
8455	examiner to hold such dead body or remains for the purpose of
8456	investigating the cause of death, nor shall this chapter affect
8457	the right of any court of competent jurisdiction to enter an
8458	order affecting the disposition of such body or remains.
8459	(4)  In the event more than one legally authorized person
8460	claims a body for interment, the requests shall be prioritized
8461	in accordance with s. 732.103.
8462
8463	For purposes of this chapter, the term "anatomical board" means
8464	the anatomical board of this state located at the University of
8465	Florida Health Science Center, and the term "unclaimed" means a
8466	dead body or human remains that are not claimed by a legally
8467	authorized person, as defined in s. 497.005, for interment at
8468	that person's expense.
8469	Section 141.  Section 406.52, Florida Statutes, is amended
8470	to read:
8471	406.52  Retention of bodies before use; unfit or excess
8472	number of bodies, disposition procedure.--All bodies received by
8473	the anatomical board shall be retained in receiving vaults for a
8474	period of not less than 48 hours before allowing their use for
8475	medical science; if at any time more bodies are made available
8476	to the anatomical board than can be used for medical science
8477	under its jurisdiction, or if a body shall be deemed by the
8478	anatomical board to be unfit for anatomical purposes, the
8479	anatomical board may notify, in writing, the county
8480	commissioners or other legally authorized person, as defined in
8481	s. 497.005 470.002, in the county where such person died, to
8482	cause it to be buried or cremated in accordance with the rules,
8483	laws and practices for disposing of such unclaimed bodies.
8484	However, prior to having any body buried or cremated, the county
8485	shall make a reasonable effort to determine the identity of the
8486	body and shall further make a reasonable effort to contact any
8487	relatives of the deceased person. If a relative of the deceased
8488	person is contacted and expresses a preference for either burial
8489	or cremation, the county shall make a reasonable effort to
8490	accommodate the request of the relative. For purposes of this
8491	section, the county commissioners of the county where such
8492	person died shall be considered a legally authorized person as
8493	defined in s. 497.005 470.002. A person licensed under chapter
8494	470 or chapter 497 shall not be liable for any damages resulting
8495	from cremating or burying such body at the direction of the
8496	county's legally authorized person.
8497	Section 142.  Section 406.53, Florida Statutes, is amended
8498	to read:
8499	406.53  Death of indigents; notice; delivery to the
8500	anatomical board when unclaimed; exceptions; assessment of
8501	fees.--
8502	(1)  Notice of death to the anatomical board in cases of
8503	indigent persons is not required if:
8504	(a)  Death was caused by crushing injury.
8505	(b)  The deceased had a contagious disease.
8506	(c)  An autopsy was required to determine cause of death.
8507	(d)  The body was in a state of severe decomposition.
8508	(e)  Any relative, by blood or marriage, claims the body
8509	for burial at the expense of such relative, but the body shall
8510	be surrendered to the claimant for interment, unless the
8511	claimant is indigent, in which case the body shall be
8512	surrendered in a manner consistent with the policy of the agency
8513	in possession or control of the body.
8514	(f)  Any friend or any representative of a fraternal
8515	society of which the deceased was a member, or a representative
8516	of any charitable or religious organization, or a governmental
8517	agency which was providing residential care to the indigent
8518	person at the time of his or her or his death claims the body
8519	for burial at his or her or his, its, or their expense.
8520	(g)  The deceased person was an honorably discharged member
8521	of the Armed Forces of the United States or the state who served
8522	during a period of wartime service as defined in s. 1.01(14);
8523	but such body shall be buried in accordance with the provisions
8524	of the existing laws.
8525	(2)  When the Department of Health claims the body of a
8526	client according to this section, the department shall assess
8527	fees for burial pursuant to s. 402.33.
8528	(3)  For purposes of this chapter, the term indigent shall
8529	be 100 percent of the federal poverty level recognized by the
8530	Federal Poverty Income Guidelines produced by the United States
8531	Department of Health and Human Services.
8532	Section 143.  Subsection (1) of section 455.2226, Florida
8533	Statutes, is amended to read:
8534	455.2226  Funeral directors and embalmers; instruction on
8535	HIV and AIDS.--
8536	(1)  The Board of Funeral Directors and Embalmers shall
8537	require each person licensed or certified under chapter 497 470
8538	to complete a continuing educational course, approved by the
8539	board, on human immunodeficiency virus and acquired immune
8540	deficiency syndrome as part of biennial relicensure or
8541	recertification. The course shall consist of education on the
8542	modes of transmission, infection control procedures, clinical
8543	management, and prevention of human immunodeficiency virus and
8544	acquired immune deficiency syndrome. Such course shall include
8545	information on current Florida law on acquired immune deficiency
8546	syndrome and its impact on testing, confidentiality of test
8547	results, and treatment of patients.
8548	Section 144.  Paragraph (b) of subsection (1) of section
8549	501.022, Florida Statutes, is amended to read:
8550	501.022  Home solicitation sale; permit required.--
8551	(1)
8552	(b)  The following are excluded from the operation of this
8553	section:
8554	1.  Bona fide agents, business representatives, or
8555	salespersons making calls or soliciting orders at the usual
8556	place of business of a customer regarding products or services
8557	for use in connection with the customer's business.
8558	2.  Solicitors, salespersons, or agents making a call or
8559	business visit upon the express invitation, oral or written, of
8560	an inhabitant of the premises or her or his agent.
8561	3.  Telephone solicitors, salespersons, or agents making
8562	calls which involve transactions that are unsolicited by the
8563	consumer and consummated by telephone and without any other
8564	contact between the buyer and the seller or its representative
8565	prior to delivery of the goods or performance of the services.
8566	4.  Solicitors, salespersons, or agents conducting a sale,
8567	lease, or rental of consumer goods or services by sample,
8568	catalog, or brochure for future delivery.
8569	5.  Minors, as defined in s. 1.01(13), conducting home
8570	solicitation sales under the supervision of an adult supervisor
8571	who holds a valid home solicitation sale permit. Minors excluded
8572	from operation of this section must, however, carry personal
8573	identification which includes their full name, date of birth,
8574	residence address, and employer and the name and permit number
8575	of their adult supervisor.
8576	6.  Those sellers or their representatives that are
8577	currently regulated as to the sale of goods and services by
8578	chapter 470, chapter 475, or chapter 497.
8579	7.  Solicitors, salespersons, or agents making calls or
8580	soliciting orders on behalf of a religious, charitable,
8581	scientific, educational, or veterans' institution or
8582	organization holding a sales tax exemption certificate under s.
8583	212.08(7)(a).
8584	Section 145.  Subsection (15) of section 501.604, Florida
8585	Statutes, is amended to read:
8586	501.604  Exemptions.--The provisions of this part, except
8587	ss. 501.608 and 501.616(6) and (7), do not apply to:
8588	(15)  A person who is licensed pursuant to chapter 470 or
8589	chapter 497 and who is soliciting within the scope of the
8590	license.
8591	Section 146.  Paragraph (d) of subsection (1) of section
8592	626.785, Florida Statutes, is amended to read:
8593	626.785  Qualifications for license.--
8594	(1)  The department shall not grant or issue a license as
8595	life agent to any individual found by it to be untrustworthy or
8596	incompetent, or who does not meet the following qualifications:
8597	(d)  Must not be a funeral director or direct disposer, or
8598	an employee or representative thereof, or have an office in, or
8599	in connection with, a funeral establishment, except that a
8600	funeral establishment may contract with a life insurance agent
8601	to sell a preneed contract as defined in s. 497.005 chapter 497.
8602	Notwithstanding other provisions of this chapter, such insurance
8603	agent may sell limited policies of insurance covering the
8604	expense of final disposition or burial of an insured in the
8605	amount of $12,500, plus an annual percentage increase based on
8606	the Annual Consumer Price Index compiled by the United States
8607	Department of Labor, beginning with the Annual Consumer Price
8608	Index announced by the United States Department of Labor for the
8609	year 2003.
8610	Section 147.  Section 765.519, Florida Statutes, is amended
8611	to read:
8612	765.519  Enucleation of eyes by licensed funeral
8613	directors.--With respect to a gift of an eye as provided for in
8614	this part, a licensed funeral director as defined in chapter 497
8615	470 who has completed a course in eye enucleation and has
8616	received a certificate of competence from the Department of
8617	Ophthalmology of the University of Florida School of Medicine,
8618	the University of South Florida School of Medicine, or the
8619	University of Miami School of Medicine may enucleate eyes for
8620	gift after proper certification of death by a physician and in
8621	compliance with the intent of the gift as defined in this
8622	chapter. No properly certified funeral director acting in
8623	accordance with the terms of this part shall have any civil or
8624	criminal liability for eye enucleation.
8625	Section 148.  (1)  All of the statutory powers, duties and
8626	functions, records, personnel, property, and unexpended balances
8627	of appropriations, allocations, or other funds for the
8628	administration of chapter 470, Florida Statutes, related to the
8629	Board of Funeral Directors and Embalmers, shall be transferred
8630	by a type two transfer, as defined in s. 20.06(2), Florida
8631	Statutes, from the Department of Business and Professional
8632	Regulation to the Department of Financial Services.
8633	(2)  All of the statutory powers, duties and functions,
8634	records, personnel, property, and unexpended balances of
8635	appropriations, allocations, or other funds for the
8636	administration of chapter 497, Florida Statutes, related to the
8637	Board of Funeral and Cemetery Services, shall be transferred by
8638	a type two transfer, as defined in s. 20.06(2), Florida
8639	Statutes, to the Board of Funeral, Cemetery, and Consumer
8640	Services and the Department of Financial Services, as
8641	appropriate.
8642	Section 149.  (1)  The transfer of regulatory authority
8643	under chapter 470, Florida Statutes, provided by this act shall
8644	not affect the validity of any judicial or administrative action
8645	pending as of 11:59 p.m. on the day before the effective date of
8646	this act, to which action the Board of Funeral Directors and
8647	Embalmers, or the Department of Business and Professional
8648	Regulation in relation to the Board of Funeral Directors and
8649	Embalmers, are at that time parties, and the Board of Funeral,
8650	Cemetery, and Consumer Services or the Department of Financial
8651	Services, as appropriate, shall be substituted as a party in
8652	interest in any such action.
8653	(2)  The transfer of regulatory authority under chapter
8654	497, Florida Statutes, provided by this act shall not affect the
8655	validity of any judicial or administrative action pending as of
8656	11:59 p.m. on the day prior to this act taking effect, to which
8657	action the Board of Funeral and Cemetery Services, or the
8658	Department of Financial Services in relation to the Board of
8659	Funeral and Cemetery Services, is at that time a party, and the
8660	Board of Funeral, Cemetery, and Consumer Services, or the
8661	Department of Financial Services, as appropriate, shall be
8662	substituted as a party in interest in any such action.
8663	Section 150.  (1)  All lawful orders issued by the Board of
8664	Funeral Directors and Embalmers, or by the Department of
8665	Business and Professional Regulation, implementing or enforcing
8666	or otherwise in regard to any provision of chapter 470, Florida
8667	Statutes, issued prior to the effective date of this act, shall
8668	remain in effect and be enforceable after the effective date of
8669	this act, unless thereafter modified in accordance with law.
8670	(2)  All lawful orders issued by the Board of Funeral and
8671	Cemetery Services, or the Department of Financial Services in
8672	regard to the Board of Funeral and Cemetery Services,
8673	implementing or enforcing or otherwise in regard to any
8674	provision of chapter 497, Florida Statutes, issued prior to the
8675	effective date of this act, shall remain in effect and be
8676	enforceable after the effective date of this act.
8677	Section 151.  (1)  The rules of the Board of Funeral
8678	Directors and Embalmers and of the Department of Business and
8679	Professional Regulation relating to the Board of Funeral
8680	Directors and Embalmers or implementation of chapter 470,
8681	Florida Statutes, that were in effect at 11:59 p.m. on the day
8682	prior to this act taking effect shall become the rules of the
8683	Department of Financial Services and the Board of Funeral,
8684	Cemetery, and Consumer Services and shall remain in effect until
8685	amended or repealed in the manner provided by law.
8686	(2)  The rules of the Board of Funeral and Cemetery
8687	Services that were in effect at 11:59 p.m. on the day prior to
8688	this act taking effect shall become the rules of the Department
8689	of Financial Services and the Board of Funeral, Cemetery, and
8690	Consumer Services and shall remain in effect until specifically
8691	amended or repealed in the manner provided by law.
8692	(3)  The rules of the Department of Financial Services
8693	relating to chapter 497, Florida Statutes, that were in effect
8694	at 11:59 P.M. on the day prior to this act taking effect shall
8695	continue in force until thereafter repealed or amended pursuant
8696	to chapter 120, Florida Statutes, and this act.
8697	Section 152.  (1)  Notwithstanding the transfer of
8698	regulatory authority over chapters 470 and 497, Florida
8699	Statutes, provided by this act, persons and entities holding in
8700	good standing any license under chapter 470 or chapter 497,
8701	Florida Statutes, as of 11:59 p.m. on the day prior to the
8702	effective date of this act, shall be deemed to hold in good
8703	standing a license in the same capacity under chapter 497,
8704	Florida Statutes, as of the effective date of this act.
8705	(2)  Notwithstanding the transfer of regulatory authority
8706	over chapters 470 and 497, Florida Statutes, provided by this
8707	act, persons and entities holding in good standing a preneed
8708	certificate of authority under chapter 497, Florida Statutes, as
8709	of 11:59 p.m. on the day prior to the effective date of this
8710	act, shall be deemed to hold in good standing a preneed license
8711	under part IV of chapter 497, Florida Statutes, as of the
8712	effective date of this act, and their certificate of authority
8713	shall be deemed a preneed license for purposes of chapter 497,
8714	Florida Statutes.
8715	(3)  Notwithstanding the transfer of regulatory authority
8716	over chapters 470 and 497, Florida Statutes, provided by this
8717	act, persons and entities holding in good standing any
8718	registration under chapter 470 or chapter 497, Florida Statutes,
8719	as of 11:59 p.m. on the day prior to the effective date of this
8720	act, shall as of the effective date of this act be deemed to be
8721	licensed in the same capacity in which they were formerly
8722	registered, and their registration shall thereafter be deemed a
8723	license for purposes of chapter 497, Florida Statutes.
8724	Section 153.  The Legislature recognizes that there is a
8725	need to conform the Florida Statutes to the policy decisions
8726	reflected in the provisions of this act. The Division of
8727	Statutory Revision is directed to provide the relevant
8728	substantive committees of the Senate and the House of
8729	Representatives with assistance, upon request, to enable such
8730	committees to prepare draft legislation to conform the Florida
8731	Statutes to the provisions of this act.
8732	Section 154.  Effective at 11:59 p.m. on September 30,
8733	2005, the Board of Funeral and Cemetery Services and the Board
8734	of Funeral Directors and Embalmers are abolished.
8735	Section 155.  Sections 470.001, 470.002, 470.003, 470.005,
8736	470.019, 470.023, 470.027, 470.028, 470.031, 470.033, 470.034,
8737	470.035, 470.036, 497.105, 497.109, 497.111, 497.113, 497.115,
8738	497.117, 497.119, 497.123, 497.125, 497.127, 497.129, 497.131,
8739	497.135, 497.137, 497.209, 497.217, 497.221, 497.225, 497.233,
8740	497.301, 497.341, 497.431, 497.435, 497.443, 497.445, 497.447,
8741	497.515, 497.517, 497.519, and 497.529, Florida Statutes, are
8742	repealed.
8743	Section 156.  Except as otherwise provided herein, this act
8744	shall take effect October 1, 2005.

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