CS/CS/HB 323: Funeral & Cemetery Industry
GENERAL BILL by Brown ; (CO-INTRODUCERS) Anderson ; Baxley ; Bean ; Brummer ; Carroll ; Cretul ; Cusack ; Davis ; Gibson ; Hasner ; Homan ; Jennings ; Kilmer ; Mayfield ; McInvale ; Patterson ; Poppell ; Richardson ; Sansom ; Spratt ; Zapata
Funeral & Cemetery Industry; creates in Financial Services Dept. Funeral, Cemetery, & Consumer Services Div.; creates in Financial Services Dept. Funeral, Cemetery, & Consumer Services Board; abolishes Funeral Directors & Embalmers Board; provides for continued validity of rules of Funeral & Cemetery Services Board, Funeral Directors & Embalmers Board, & DBPR, adopted under certain provisions, etc. Amends FS.
Effective Date: 10/01/2005 except as otherwise provided
Last Action: 4/29/2004 House - Referred to Calendar; Placed on Special Order Calendar; Substituted CS/CS/SB 528; Laid on Table, Link/Iden/Sim/Compare passed, refer to CS/CS/SB 528 (Ch. 2004-301) -HJ 01117
Bill Text: Web Page | PDF
Last Action: 4/29/2004 House - Referred to Calendar; Placed on Special Order Calendar; Substituted CS/CS/SB 528; Laid on Table, Link/Iden/Sim/Compare passed, refer to CS/CS/SB 528 (Ch. 2004-301) -HJ 01117
Bill Text: Web Page | PDF
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Bill History
Date Chamber Action 12/11/2003 House • Prefiled
1/22/2004 House • Referred to Insurance; Finance & Tax
3/2/2004 House • Introduced, referred to Insurance; Finance & Tax -HJ 00034; On Committee agenda-- Insurance, 03/04/04, 8:45 am, 212-K
3/4/2004 House • Favorable with CS amendment by Insurance; YEAS 20 NAYS 2 -HJ 00240
3/11/2004 House • Pending review of CS under Rule 6.3(b)
3/23/2004 House • Original reference(s) removed: Finance & Tax -HJ 00308; CS referred to Finance & Tax; Appropriations -HJ 00308
3/26/2004 House • On Committee agenda-- Finance & Tax, 03/30/04, 8:30 am, Reed Hall
3/30/2004 House • Favorable by Finance & Tax; YEAS 20 NAYS 0 -HJ 00355; Now in Appropriations -HJ 00355
4/15/2004 House • Withdrawn from Appropriations; Referred to Insurance; Appropriations -HJ 00510
4/16/2004 House • On Committee agenda-- Insurance, 04/19/04, 3:00 pm, 212-K
4/19/2004 House • Favorable with CS amendment by Insurance; YEAS 14 NAYS 3 -HJ 00853
4/26/2004 House • Pending review of CS under Rule 6.3(b)
4/28/2004 House • Withdrawn from- Appropriations -HJ 00910
4/29/2004 House • Referred to Calendar; Placed on Special Order Calendar; Substituted CS/CS/SB 528; Laid on Table, Link/Iden/Sim/Compare passed, refer to CS/CS/SB 528 (Ch. 2004-301) -HJ 01117
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CS/CS/HB 323, Committee Substitute 2 (Current Bill Version) Posted 4/26/2004 at 8:59 PM
Bill Text: Web Page | PDF Analyses: None Related Bills (2)
Bill Number Subject Filed By Relationship Last Action and Location S 528 (e1) Pruitt Similar Last Action: 6/17/2004 Approved by Governor; Chapter No. 2004-301
Location:H 253 Funeral/Cemetery/Disposition Svcs. Detert Compare Last Action: 4/30/2004 H Died in Committee on Business Regulation, Link/Iden/Sim/Compare passed, refer to CS/CS/SB 528 (Ch. 2004-301)
Location:Citations - Statutes (270)
Citation Catchline Location in Bill Location In Bill Help 20.121 Department of Financial Services. 20.165 Department of Business and Professional Regulation. 316.1974 Funeral procession right-of-way and liability. 381.0098 Biomedical waste. 382.002 Definitions. 403.703 Definitions. 406.02 Medical Examiners Commission; membership; terms; duties; staff. 406.50 Unclaimed dead bodies or human remains; disposition, procedure. 406.52 Retention of bodies before use; unfit or excess number of bodies, disposition procedure. 406.53 Death of indigents; notice; delivery to the anatomical board when unclaimed; exceptions; assessment of fees. 455.2226 Funeral directors and embalmers; instruction on HIV and AIDS. 470.001 Legislative intent. 470.002 Definitions. 470.003 Board of Funeral Directors and Embalmers; membership; appointment; terms. 470.005 Rulemaking authority of board and department. 470.006 Licensure as an embalmer by examination; provisional license. 470.007 Licensure as an embalmer by endorsement; registration of a temporary embalmer. 470.008 Registration of an embalmer intern. 470.0085 Establishment of embalmer apprentice program. 470.0087 Practice of funeral directing. 470.009 Licensure as a funeral director by examination; provisional license. 470.011 Licensure as a funeral director by endorsement; registration of a temporary funeral director. 470.012 Registration of a funeral director intern. 470.013 License as funeral director and embalmer permitted; display of license. 470.014 Concurrent internships. 470.015 Renewal of funeral director and embalmer licenses. 470.016 Inactive status. 470.0165 Direct disposition; duties. 470.017 Registration as a direct disposer. 470.018 Renewal of registration of direct disposer. 470.019 Disciplinary actions against direct disposers and direct disposal establishments. 470.0201 Health and safety education. 470.021 Direct disposal establishment; standards and location; registration. 470.022 Direct disposition not funeral directing. 470.023 Practice of direct disposition without registration. 470.024 Funeral establishment; licensure. 470.025 Cinerator facility; licensure. 470.0255 Cremation; procedure required. 470.026 Solicitation of goods or services. 470.027 Exemption of certificateholder under chapter 497. 470.028 Preneed sales; registration of agents. 470.029 Reports of cases embalmed and bodies handled. 470.0294 Additional rights of legally authorized persons. 470.0295 Disinterment; transportation; authorization and notification. 470.0301 Removal services; refrigeration facilities; centralized embalming facilities. 470.031 Prohibitions; penalties. 470.0315 Storage, preservation, and transportation of human remains. 470.032 Unlawful to remove or embalm body without consent of proper official when crime is suspected. 470.033 Sale of funeral merchandise. 470.034 Disclosure of information to public. 470.035 Itemized price lists. 470.0355 Identification of human remains. 470.036 Disciplinary proceedings. 470.0375 Cash advance accounts; escrow refund accounts. 470.038 Reciprocity. 470.039 Exceptions. 470.0395 Branch chapels. 497.001 Short title. 497.002 Purpose and intent. 497.0021 497.003 Cemeteries; exemption; investigation and mediation. 497.004 Existing companies, effect of this chapter. 497.005 Definitions. 497.025 Liability. 497.0255 Duty of care and maintenance of licensed cemetery. 497.101 Board of Funeral and Cemetery Services; membership; appointment; terms. 497.103 Rulemaking authority of board and department. 497.105 Department; powers and duties. 497.107 Headquarters. 497.109 Board of Funeral and Cemetery Services; membership. 497.111 Publication of information. 497.113 Accountability and liability of board members. 497.115 Board rules; final agency action; challenges. 497.117 Legal and investigative services. 497.119 Mediation. 497.121 Authority to issue citations. 497.123 Powers to administer oaths and issue subpoenas. 497.125 Evidence; examiner's worksheets, investigative reports, other related documents. 497.127 Injunction to restrain violations. 497.129 Cease and desist order; civil penalty; enforcement. 497.131 Disciplinary proceedings. 497.133 Disciplinary guidelines. 497.135 Penalty for giving false information. 497.137 Unlicensed activity; emergency cease and desist order; administrative penalty; civil penalty; enforcement; attorney's fees and costs. 497.140 497.141 497.142 497.143 497.144 497.145 497.146 497.147 497.148 497.149 497.150 497.151 497.152 497.153 497.154 497.155 497.156 497.157 497.158 497.159 497.160 497.161 497.162 497.163 497.164 497.165 497.166 497.167 497.168 497.169 497.170 497.201 Cemetery companies; license; application; fee. 497.205 License not assignable or transferable. 497.209 Application for change of control among existing stockholders or partners; investigation fee. 497.213 Annual license fees. 497.217 Department rules; challenges. 497.221 Cease and desist orders. 497.225 Civil penalty. 497.229 Courts; powers; abatement of nuisances. 497.233 Disciplinary proceedings. 497.237 Care and maintenance trust fund; remedy of department for noncompliance. 497.241 Disposition of income of care and maintenance trust fund; notice to purchasers and depositors. 497.245 Care and maintenance trust fund, percentage of payments for burial rights to be deposited. 497.249 Care and maintenance trust fund; financial reports. 497.253 Minimum acreage; sale or disposition of cemetery lands. 497.255 Standards for construction and significant alteration or renovation of mausoleums and columbaria. 497.257 Construction of mausoleums, columbaria, and belowground crypts; preconstruction trust fund; compliance requirement. 497.260 497.261 497.262 497.263 497.264 497.265 497.266 497.267 497.268 497.269 497.270 497.271 497.272 497.273 497.274 497.275 497.276 497.277 497.278 497.280 497.281 497.282 497.283 497.284 497.285 497.286 497.287 497.301 Toll-free telephone number for complaints. 497.305 Cemetery companies; authorized functions. 497.309 Records. 497.313 Other charges. 497.317 Monuments; installation fees. 497.321 Solicitation of goods or services. 497.325 Illegal tying arrangements. 497.329 Registration of brokers of burial rights. 497.333 Disclosure of information to public. 497.337 Prohibition on sale of personal property or services. 497.341 Burial without regard to race or color. 497.345 Abandoned cemeteries; immunity; actions. 497.349 Inactive cemeteries. 497.353 Owners to provide addresses; presumption of abandonment; abandonment procedures; sale of abandoned unused burial rights. 497.357 Report of identification of exempt cemeteries. 497.361 Registration of monument establishments. 497.365 497.366 497.367 497.368 497.369 497.370 497.371 497.372 497.373 497.374 497.375 497.376 497.377 497.378 497.379 497.380 497.381 497.382 497.383 497.384 497.385 497.386 497.387 497.388 497.389 497.390 497.391 497.392 497.401 Preneed sales; chapter exclusive; applicability of other laws. 497.403 Insurance business not authorized. 497.405 Certificate of authority required. 497.407 Certificate of authority; annual statement; renewal; transfer. 497.409 Approval of forms. 497.411 Nonconforming contracts. 497.413 Preneed Funeral Contract Consumer Protection Trust Fund. 497.415 Ownership of proceeds received on contracts. 497.417 Disposition of proceeds received on contracts. 497.419 Cancellation of, or default on, preneed contracts. 497.421 Payment of funds upon death of named beneficiary. 497.423 Evidence of financial responsibility as alternative to trust deposit. 497.425 Alternatives to deposits under s. 497.417. 497.427 Existing merchandise trust funds; proof of compliance with law. 497.429 Alternative preneed contracts. 497.431 Examinations and investigations. 497.435 Administrative fine in lieu of revocation or suspension of certificate of authority. 497.436 Inactive and revoked certificateholders. 497.437 Dissolution or liquidation. 497.439 Preneed sales agents. 497.441 Acceptability of funeral and burial merchandise. 497.443 Unfair methods of competition and unfair or deceptive acts or practices prohibited. 497.445 Unfair methods of competition and unfair or deceptive acts or practices defined. 497.447 Prohibited practices; hearings, witnesses, appearances, production of books, and service of process. 497.450 497.451 497.452 497.453 497.454 497.455 497.456 497.457 497.458 497.459 497.460 497.461 497.462 497.463 497.464 497.465 497.466 497.467 497.515 Additional prohibited acts. 497.517 Attorney's fees. 497.519 Penalties. 497.525 Disposition of fees and penalties. 497.527 Civil remedies. 497.529 Civil liability. 497.531 Unauthorized arrangements. 497.550 497.551 497.552 497.553 497.554 497.555 497.556 497.601 497.602 497.603 497.604 497.605 497.606 497.607 497.608 501.022 Home solicitation sale; permit required. 501.604 Exemptions. 626.785 Qualifications for license. 765.519 Enucleation of eyes by licensed funeral directors. -
CS/HB 323, Committee Substitute 1 Posted 3/11/2004 at 6:22 PM
Bill Text: Web Page | PDF Analyses: None Citations - Statutes (39)
Citation Catchline Location in Bill Location In Bill Help 20.121 Department of Financial Services. 20.165 Department of Business and Professional Regulation. 455.2226 Funeral directors and embalmers; instruction on HIV and AIDS. 470.002 Definitions. 470.003 Board of Funeral Directors and Embalmers; membership; appointment; terms. 470.0085 Establishment of embalmer apprentice program. 470.0087 Practice of funeral directing. 470.015 Renewal of funeral director and embalmer licenses. 470.018 Renewal of registration of direct disposer. 470.021 Direct disposal establishment; standards and location; registration. 470.024 Funeral establishment; licensure. 470.025 Cinerator facility; licensure. 470.0255 Cremation; procedure required. 470.028 Preneed sales; registration of agents. 470.029 Reports of cases embalmed and bodies handled. 470.031 Prohibitions; penalties. 470.0355 Identification of human remains. 470.036 Disciplinary proceedings. 497.003 Cemeteries; exemption; investigation and mediation. 497.005 Definitions. 497.101 Board of Funeral and Cemetery Services; membership; appointment; terms. 497.105 Department; powers and duties. 497.107 Headquarters. 497.109 Board of Funeral and Cemetery Services; membership. 497.305 Cemetery companies; authorized functions. 497.325 Illegal tying arrangements. 497.333 Disclosure of information to public. 497.361 Registration of monument establishments. 497.365 497.371 497.379 497.385 497.391 497.405 Certificate of authority required. 497.407 Certificate of authority; annual statement; renewal; transfer. 497.413 Preneed Funeral Contract Consumer Protection Trust Fund. 497.417 Disposition of proceeds received on contracts. 497.419 Cancellation of, or default on, preneed contracts. 497.436 Inactive and revoked certificateholders. -
HB 323, Original Filed Version Posted 12/11/2003 at 11:34 AM
Bill Text: Web Page | PDF Analyses: Finance & Tax (Post-Meeting) (pdf)
Finance & Tax (Post-Meeting) (pdf)
Insurance (Post-Meeting) (pdf)
Insurance (Post-Meeting) (pdf)
Insurance (Post-Meeting) (pdf)
Insurance (Post-Meeting) (pdf)
Citations - Statutes (39)
Citation Catchline Location in Bill Location In Bill Help 20.121 Department of Financial Services. 20.165 Department of Business and Professional Regulation. 455.2226 Funeral directors and embalmers; instruction on HIV and AIDS. 470.002 Definitions. 470.003 Board of Funeral Directors and Embalmers; membership; appointment; terms. 470.0085 Establishment of embalmer apprentice program. 470.0087 Practice of funeral directing. 470.015 Renewal of funeral director and embalmer licenses. 470.018 Renewal of registration of direct disposer. 470.021 Direct disposal establishment; standards and location; registration. 470.024 Funeral establishment; licensure. 470.025 Cinerator facility; licensure. 470.0255 Cremation; procedure required. 470.028 Preneed sales; registration of agents. 470.029 Reports of cases embalmed and bodies handled. 470.031 Prohibitions; penalties. 470.0355 Identification of human remains. 470.036 Disciplinary proceedings. 497.003 Cemeteries; exemption; investigation and mediation. 497.005 Definitions. 497.101 Board of Funeral and Cemetery Services; membership; appointment; terms. 497.105 Department; powers and duties. 497.107 Headquarters. 497.109 Board of Funeral and Cemetery Services; membership. 497.305 Cemetery companies; authorized functions. 497.325 Illegal tying arrangements. 497.333 Disclosure of information to public. 497.361 Registration of monument establishments. 497.365 497.371 497.379 497.385 497.391 497.405 Certificate of authority required. 497.407 Certificate of authority; annual statement; renewal; transfer. 497.413 Preneed Funeral Contract Consumer Protection Trust Fund. 497.417 Disposition of proceeds received on contracts. 497.419 Cancellation of, or default on, preneed contracts. 497.436 Inactive and revoked certificateholders.