Senate Bill sb2346

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 2346

    By Senator Haridopolos





    26-1042A-05                                         See HB 529

  1                      A bill to be entitled

  2         An act relating to funeral and cemetery

  3         industry regulation; amending s. 497.005, F.S.;

  4         revising definitions; amending s. 497.101,

  5         F.S.; clarifying eligibility for Board of

  6         Funeral, Cemetery, and Consumer Services

  7         membership; providing rulemaking authority

  8         regarding application for board membership;

  9         amending s. 497.103, F.S.; revising authority

10         of the Department of Financial Services to take

11         emergency action; limiting the authority of the

12         Chief Financial Officer; amending s. 497.140,

13         F.S.; revising the time period for board

14         reaction to department revenue projections;

15         providing for future termination of certain

16         assessments; amending s. 497.141, F.S.;

17         revising licensure application procedures to

18         provide for persons other than natural persons;

19         clarifying when licenses may be issued to

20         entities and to natural persons; clarifying the

21         types of entities to which licenses may be

22         issued; providing signature requirements;

23         authorizing the licensing authority to adopt

24         rules; restricting assignment or transfer of

25         license; amending s. 497.142, F.S.; revising

26         fingerprinting requirements; eliminating

27         obsolete references; clarifying requirements as

28         to disclosure of previous criminal records;

29         revising which members of an entity applying

30         for licensure are required to disclose their

31         criminal records; providing for waiver of the

                                  1

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         fingerprint requirements in certain

 2         circumstances; amending s. 497.143, F.S.;

 3         prohibiting preneed sales under a limited

 4         license; amending s. 497.144, F.S.; requiring a

 5         challenger to pay the costs for failure to

 6         appear at a challenge hearing; amending s.

 7         497.149, F.S.; revising terminology; amending

 8         s. 497.151, F.S.; revising applicability;

 9         specifying what is deemed to be a complaint;

10         amending s. 497.152, F.S.; revising

11         disciplinary provisions; revising applicability

12         in other jurisdictions; revising certain

13         grounds for disciplinary action; specifying

14         what is deemed to be a complaint; providing

15         exceptions to remittance deficiency

16         disciplinary infractions; amending s. 497.153,

17         F.S.; providing for the use of consent orders

18         in certain circumstances; amending s. 497.158,

19         F.S.; revising fine amounts; amending s.

20         497.159, F.S.; revising criminal provisions

21         relating to prelicensure examinations, willful

22         obstruction, trust funds, and specified

23         violations; providing penalties; revising what

24         constitutes improper discrimination; amending

25         s. 497.161, F.S.; removing a provision allowing

26         board members to serve as experts in

27         investigations; specifying standing of

28         licensees to challenge rules; amending s.

29         497.166, F.S.; specifying who may act as a

30         preneed sales agent; providing responsibility

31         of certain licensees; amending s. 497.169,

                                  2

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         F.S.; revising a provision for award of

 2         attorney's fees and costs in certain actions;

 3         creating s. 497.171, F.S.; providing

 4         requirements for the identification of human

 5         remains; amending s. 497.260, F.S.; revising

 6         what constitutes improper discrimination by

 7         cemeteries; amending s. 497.263, F.S.; revising

 8         the applicability of certain application

 9         procedures for licensure of cemetery companies;

10         amending s. 497.264, F.S.; revising

11         requirements relating to applicants seeking to

12         acquire control of a licensed cemetery;

13         amending s. 497.281, F.S.; revising

14         requirements for licensure of burial rights

15         brokers; amending s. 497.368, F.S.; revising

16         grounds for issuance of licensure as an

17         embalmer by examination; amending s. 497.369,

18         F.S.; revising grounds for issuance of

19         licensure as an embalmer by endorsement;

20         amending s. 497.373, F.S.; revising grounds for

21         issuance of licensure as a funeral director by

22         examination; amending s. 497.374, F.S.;

23         revising grounds for issuance of licensure as a

24         funeral director by endorsement; amending s.

25         497.376, F.S.; revising authority to issue a

26         combination license as a funeral director and

27         embalmer; authorizing the licensing authority

28         to establish certain rules; amending s.

29         497.380, F.S.; revising certain requirements

30         for funeral establishments; providing

31         requirements for reporting a change in location

                                  3

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         of the establishment; amending s. 497.385,

 2         F.S.; revising application requirements for

 3         licensure of a removal service or a

 4         refrigeration service; providing requirements

 5         for change in location of removal services and

 6         refrigeration services; authorizing the

 7         licensing authority to adopt certain rules for

 8         centralized embalming facility operations;

 9         revising application requirements for licensure

10         of a centralized embalming facility; providing

11         for inspection of centralized embalming

12         facilities; providing for change in ownership

13         and change in location of centralized embalming

14         facilities; amending s. 497.453, F.S.; revising

15         net worth requirements for preneed licensure;

16         specifying authority to accept alternative

17         evidence of financial responsibility in lieu of

18         net worth regarding preneed licensure

19         applicants; providing preneed license renewal

20         fees for monument establishments; revising

21         grounds for issuance of a preneed branch

22         license; amending s. 497.456, F.S.; revising

23         use of the Preneed Funeral Contract Consumer

24         Protection Trust Fund by the licensing

25         authority; amending s. 497.458, F.S.; revising

26         requirements to loan or invest trust funds;

27         amending s. 497.466, F.S.; revising application

28         procedures for preneed sales agents; creating

29         s. 497.468, F.S.; providing for disclosure of

30         information to the public; amending s. 497.550,

31         F.S.; revising application procedures for

                                  4

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         licensure as a monument establishment; amending

 2         s. 497.551, F.S.; revising requirements for

 3         renewal of monument establishment licensure;

 4         amending s. 497.552, F.S.; revising facility

 5         requirements for monument establishments;

 6         amending s. 497.553, F.S.; providing

 7         requirements for change of ownership and

 8         location of monument establishments; amending

 9         s. 497.554, F.S.; revising application

10         procedure and renewal requirements for monument

11         establishment sales representatives; deferring

12         application of section; amending s. 497.555,

13         F.S.; revising requirements for rules

14         establishing minimum standards for access to

15         cemeteries; amending s. 497.602, F.S.; revising

16         application procedures for direct disposer

17         licensure; amending s. 497.604, F.S.; revising

18         provisions concerning direct disposal

19         establishment licensure and application for

20         licensure and regulation of direct disposal

21         establishments; amending s. 497.606, F.S.;

22         revising provisions concerning cinerator

23         facility licensure and application for

24         licensure and regulation of cinerator

25         facilities; amending s. 497.607, F.S.;

26         providing for publication of rules regarding

27         cremation by chemical means; amending s. 152,

28         ch. 2004-301, Laws of Florida; specifying

29         applicability of rules; amending s. 626.785,

30         F.S.; revising a policy coverage limit;

31         amending s. 163.3187, F.S.; prohibiting a local

                                  5

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         government from approving an amendment to its

 2         adopted comprehensive plan which allows a

 3         funeral establishment, cremation facility, or

 4         other noncemetery facility to be located on

 5         cemetery lands; repealing s. 497.275, F.S.,

 6         relating to identification of human remains in

 7         licensed cemeteries; repealing s. 497.388,

 8         F.S., relating to identification of human

 9         remains; repealing s. 497.556, F.S., relating

10         to requirements relating to monument

11         establishments; providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 497.005, as amended by chapter

16  2004-301, Laws of Florida, is amended to read:

17         497.005  Definitions.--As used in this chapter:

18         (1)  "Alternative container" means an unfinished wood

19  box or other nonmetal receptacle or enclosure, without

20  ornamentation or a fixed interior lining, which is designed

21  for the encasement of human remains and which is made of

22  fiberboard, pressed wood, composition materials (with or

23  without an outside covering), or like materials a nonmetal

24  receptacle or enclosure which is less expensive than a casket

25  and of sufficient strength to be used to hold and transport a

26  dead human body.

27         (2)  "At-need solicitation" means any uninvited contact

28  by a licensee or her or his agent for the purpose of the sale

29  of burial services or merchandise to the family or next of kin

30  of a person after her or his death has occurred.

31  

                                  6

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (3)  "Bank of belowground crypts" means any

 2  construction unit of belowground crypts which is acceptable to

 3  the department and which a cemetery uses to initiate its

 4  belowground crypt program or to add to existing belowground

 5  crypt structures.

 6         (4)  "Belowground crypts" consist of interment space in

 7  preplaced chambers, either side by side or multiple depth,

 8  covered by earth and sod and known also as "lawn crypts,"

 9  "westminsters," or "turf-top crypts."

10         (5)  "Board" means the Board of Funeral, Cemetery, and

11  Consumer Services.

12         (6)  "Body parts" means:

13         (a)  Limbs or other portions of the anatomy which are

14  removed from a person or human remains for medical purposes

15  during treatment, surgery, biopsy, autopsy, or medical

16  research; or

17         (b)  Human bodies or any portions of human bodies which

18  have been donated to science for medical research purposes.

19         (6)(7)  "Burial merchandise," "funeral merchandise," or

20  "merchandise" means any personal property offered or sold by

21  any person for use in connection with the final disposition,

22  memorialization, interment, entombment, or inurnment of human

23  remains or cremated remains, including, but not limited to,

24  caskets, outer burial containers, alternative containers,

25  cremation containers, cremation interment containers, urns,

26  monuments, private mausoleums, flowers, benches, vases,

27  acknowledgment cards, register books, memory folders, prayer

28  cards, and clothing.

29         (7)(8)  "Burial right" means the right to use a grave

30  space, mausoleum, columbarium, ossuary, or scattering garden

31  

                                  7

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  for the interment, entombment, inurnment, or other disposition

 2  of human remains.

 3         (8)(9)  "Burial service," "funeral service," "funeral,"

 4  or "service" means any service offered or provided by any

 5  person in connection with the final disposition,

 6  memorialization, interment, entombment, or inurnment of human

 7  remains.

 8         (9)(10)  "Care and maintenance" means the perpetual

 9  process of keeping a cemetery and its lots, graves, grounds,

10  landscaping, roads, paths, parking lots, fences, mausoleums,

11  columbaria, vaults, crypts, utilities, and other improvements,

12  structures, and embellishments in a well-cared-for and

13  dignified condition, so that the cemetery does not become a

14  nuisance or place of reproach and desolation in the community.

15  As specified in the rules of the licensing authority, "care

16  and maintenance" may include, but is not limited to, any or

17  all of the following activities: mowing the grass at

18  reasonable intervals; raking and cleaning the grave spaces and

19  adjacent areas; pruning of shrubs and trees; suppression of

20  weeds and exotic flora; and maintenance, upkeep, and repair of

21  drains, water lines, roads, buildings, and other improvements.

22  "Care and maintenance" may include, but is not limited to,

23  reasonable overhead expenses necessary for such purposes,

24  including maintenance of machinery, tools, and equipment used

25  for such purposes. "Care and maintenance" may also include

26  repair or restoration of improvements necessary or desirable

27  as a result of wear, deterioration, accident, damage, or

28  destruction. "Care and maintenance" does not include expenses

29  for the construction and development of new grave spaces or

30  interment structures to be sold to the public.

31  

                                  8

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (10)(11)  "Casket" means a rigid container which is

 2  designed for the encasement of human remains and which is

 3  usually constructed of wood or metal, ornamented, and lined

 4  with fabric.

 5         (11)(12)  "Cemetery" means a place dedicated to and

 6  used or intended to be used for the permanent interment of

 7  human remains. A cemetery may contain land or earth interment;

 8  mausoleum, vault, or crypt interment; a columbarium, ossuary,

 9  scattering garden, or other structure or place used or

10  intended to be used for the interment or disposition of

11  cremated remains; or any combination of one or more of such

12  structures or places.

13         (12)(13)  "Cemetery company" means any legal entity

14  that owns or controls cemetery lands or property.

15         (13)(14)  "Centralized embalming facility" means a

16  facility, not physically connected with a funeral

17  establishment, in which embalming takes place, which operates

18  independently of a funeral establishment licensee, and which

19  offers embalming services to funeral directors for a fee.

20         (14)(15)  "Cinerator" means a facility where dead human

21  bodies are subjected to cremation. reduced to a residue,

22  including bone fragments, by direct flame, also known as

23  "cremation," or by intense heat, also known as "calcination."

24         (15)(16)  "Closed container" means any container in

25  which cremated remains can be placed and closed in a manner so

26  as to prevent leakage or spillage of the remains.

27         (16)(17)  "Columbarium" means a structure or building

28  which is substantially exposed above the ground and which is

29  intended to be used for the inurnment of cremated remains.

30  

31  

                                  9

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (17)(18)  "Common business enterprise" means a group of

 2  two or more business entities that share common ownership in

 3  excess of 50 percent.

 4         (18)(19)  "Control" means the possession, directly or

 5  indirectly, through the ownership of voting shares, by

 6  contract, arrangement, understanding, relationship, or

 7  otherwise, of the power to direct or cause the direction of

 8  the management and policies of a person or entity. However, a

 9  person or entity shall not be deemed to have control if the

10  person or entity holds voting shares, in good faith and not

11  for the purpose of circumventing this definition, as an agent,

12  bank, broker, nominee, custodian, or trustee for one or more

13  beneficial owners who do not individually or as a group have

14  control.

15         (19)(20)  "Cremated remains" means all the remains of

16  the human body recovered after the completion of the cremation

17  process, including processing or pulverization which leaves

18  only bone fragments reduced to unidentifiable dimensions and

19  may include the residue of any foreign matter, including

20  casket material, bridgework, or eyeglasses that were cremated

21  with the human remains.

22         (20)(21)  "Cremation" means any mechanical or thermal

23  process whereby a dead human body is reduced to ashes and bone

24  fragments. Cremation also includes any other mechanical or

25  thermal process whereby human remains are pulverized, burned,

26  recremated, or otherwise further reduced in size or quantity

27  the technical process, using direct flame and heat or chemical

28  means, which reduces human remains to bone fragments through

29  heat and evaporation. Cremation includes the processing and

30  usually includes the pulverization of the bone fragments.

31  

                                  10

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (21)(22)  "Cremation chamber" means the enclosed space

 2  within which the cremation process takes place. Cremation

 3  chambers covered by these procedures must be used exclusively

 4  for the cremation of human remains.

 5         (22)(23)  "Cremation container" means the casket or

 6  alternative container in which the human remains are

 7  transported to and placed in the cremation chamber for a

 8  cremation. A cremation container should meet substantially all

 9  of the following standards:

10         (a)  Be composed of readily combustible materials

11  suitable for cremation.

12         (b)  Be able to be closed in order to provide a

13  complete covering for the human remains.

14         (c)  Be resistant to leakage or spillage.

15         (d)  Be rigid enough to be handled with ease.

16         (e)  Be able to provide protection for the health,

17  safety, and personal integrity of crematory personnel.

18         (23)(24)  "Cremation interment container" means a rigid

19  outer container that, subject to a cemetery's rules and

20  regulations, is composed of concrete, steel, fiberglass, or

21  some similar material in which an urn is placed prior to being

22  interred in the ground and that is designed to support the

23  earth above the urn.

24         (24)(25)  "Department" means the Department of

25  Financial Services.

26         (25)(26)  "Direct disposal establishment" means a

27  facility licensed under this chapter where a direct disposer

28  practices direct disposition.

29         (26)(27)  "Direct disposer" means any person licensed

30  under this chapter to practice direct disposition in this

31  state.

                                  11

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (27)(28)  "Director" means the director of the Division

 2  of Funeral, Cemetery, and Consumer Services.

 3         (28)(29)  "Disinterment" means removal of a dead human

 4  body from earth interment or aboveground interment.

 5         (29)(30)  "Division" means the Division of Funeral,

 6  Cemetery, and Consumer Services within the Department of

 7  Financial Services.

 8         (30)(31)  "Embalmer" means any person licensed under

 9  this chapter to practice embalming in this state.

10         (31)(32)  "Final disposition" means the final disposal

11  of a dead human body by earth interment, aboveground

12  interment, cremation, burial at sea, or delivery to a medical

13  institution for lawful dissection if the medical institution

14  assumes responsibility for disposal. "Final disposition" does

15  not include the disposal or distribution of ashes and residue

16  of cremated remains.

17         (33)  "Funeral" or "funeral service" means the

18  observances, services, or ceremonies held to commemorate the

19  life of a specific deceased human being and at which the human

20  remains are present.

21         (32)(34)  "Funeral director" means any person licensed

22  under this chapter to practice funeral directing in this

23  state.

24         (33)(35)  "Funeral establishment" means a facility

25  licensed under this chapter where a funeral director or

26  embalmer practices funeral directing or embalming.

27         (36)  "Funeral merchandise" or "merchandise" means any

28  merchandise commonly sold in connection with the funeral,

29  final disposition, or memorialization of human remains,

30  including, but not limited to, caskets, outer burial

31  containers, alternative containers, cremation containers,

                                  12

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  cremation interment containers, urns, monuments, private

 2  mausoleums, flowers, benches, vases, acknowledgment cards,

 3  register books, memory folders, prayer cards, and clothing.

 4         (34)(37)  "Grave space" means a space of ground in a

 5  cemetery intended to be used for the interment in the ground

 6  of human remains.

 7         (35)(38)  "Human remains" or "remains," or "dead human

 8  body" or "dead human bodies," means the body of a deceased

 9  human person for which a death certificate or fetal death

10  certificate is required under chapter 382 and includes the

11  body in any stage of decomposition and the residue of cremated

12  human bodies.

13         (36)(39)  "Legally authorized person" means, in the

14  priority listed, the decedent, when written inter vivos

15  authorizations and directions are provided by the decedent in

16  his or her will; the surviving spouse, unless the spouse has

17  been arrested for committing against the deceased an act of

18  domestic violence as defined in s. 741.28 which resulted in or

19  contributed to the death of the deceased; a son or daughter

20  who is 18 years of age or older; a parent; a brother or sister

21  who is 18 years of age or older; a grandchild who is 18 years

22  of age or older; a grandparent; or any person in the next

23  degree of kinship. In addition, the term may include, if no

24  family member exists or is available, the guardian of the dead

25  person at the time of death; the personal representative of

26  the deceased; the attorney in fact of the dead person at the

27  time of death; the health surrogate of the dead person at the

28  time of death; a public health officer; the medical examiner,

29  county commission, or administrator acting under part II of

30  chapter 406 or other public administrator; a representative of

31  a nursing home or other health care institution in charge of

                                  13

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  final disposition; or a friend or other person not listed in

 2  this subsection who is willing to assume the responsibility as

 3  the legally authorized person. Where there is a person in any

 4  priority class listed in this subsection, the funeral

 5  establishment shall rely upon the authorization of any one

 6  legally authorized person of that class if that individual

 7  represents that she or he is not aware of any objection to the

 8  cremation of the deceased's human remains by others in the

 9  same class of the person making the representation or of any

10  person in a higher priority class.

11         (37)(40)  "License" includes all authorizations

12  required or issued under this chapter, except where expressly

13  indicated otherwise, and shall be understood to include

14  authorizations previously referred to as registrations or

15  certificates of authority in chapters 470 and 497 as those

16  chapters appeared in the 2004 edition of the Florida Statutes.

17         (38)(41)  "Licensee" means the person or entity holding

18  any license or other authorization issued under this chapter,

19  except where expressly indicated otherwise.

20         (39)(42)  "Mausoleum" means a structure or building

21  which is substantially exposed above the ground and which is

22  intended to be used for the entombment of human remains.

23         (40)(43)  "Mausoleum section" means any construction

24  unit of a mausoleum which is acceptable to the department and

25  which a cemetery uses to initiate its mausoleum program or to

26  add to its existing mausoleum structures.

27         (41)(44)  "Monument" means any product used for

28  identifying a grave site and cemetery memorials of all types,

29  including monuments, markers, and vases.

30         (42)(45)  "Monument establishment" means a facility

31  that operates independently of a cemetery or funeral

                                  14

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  establishment and that offers to sell monuments or monument

 2  services to the public for placement in a cemetery.

 3         (43)(46)  "Net assets" means the amount by which the

 4  total assets of a licensee, excluding goodwill, franchises,

 5  customer lists, patents, trademarks, and receivables from or

 6  advances to officers, directors, employees, salespersons, and

 7  affiliated companies, exceed total liabilities of the

 8  licensee. For purposes of this definition, the term "total

 9  liabilities" does not include the capital stock, paid-in

10  capital, or retained earnings of the licensee.

11         (44)(47)  "Net worth" means total assets minus total

12  liabilities pursuant to generally accepted accounting

13  principles.

14         (45)(48)  "Niche" means a compartment or cubicle for

15  the memorialization or permanent placement of a container or

16  urn containing cremated remains.

17         (46)(49)  "Ossuary" means a receptacle used for the

18  communal placement of cremated remains without benefit of an

19  urn or any other container in which cremated remains may be

20  commingled with other cremated remains and are nonrecoverable.

21  It may or may not include memorialization.

22         (47)(50)  "Outer burial container" means an enclosure

23  into which a casket is placed and includes, but is not limited

24  to, vaults made of concrete, steel, fiberglass, or copper;

25  sectional concrete enclosures; crypts; and wooden enclosures.

26         (48)(51)  "Person," when used without qualification

27  such as "natural" or "individual," includes both natural

28  persons and legal entities.

29         (49)(52)  "Personal residence" means any residential

30  building in which one temporarily or permanently maintains her

31  or his abode, including, but not limited to, an apartment or a

                                  15

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  hotel, motel, nursing home, convalescent home, home for the

 2  aged, or a public or private institution.

 3         (50)(53)  "Practice of direct disposition" means the

 4  cremation of human remains without preparation of the human

 5  remains by embalming and without any attendant services or

 6  rites such as funeral or graveside services or the making of

 7  arrangements for such final disposition.

 8         (51)(54)  "Practice of embalming" means disinfecting or

 9  temporarily preserving or attempting to disinfect or

10  temporarily preserve dead human bodies by replacing certain

11  body fluids with preserving and disinfecting chemicals.

12         (52)(55)  "Practice of funeral directing" means the

13  performance by a licensed funeral director of any of those

14  functions authorized by s. 497.372.

15         (53)(56)  "Preneed contract" means any arrangement or

16  method, of which the provider of funeral merchandise or

17  services has actual knowledge, whereby any person agrees to

18  furnish funeral merchandise or service in the future.

19         (54)(57)  "Preneed sales agent" means any person who is

20  licensed under this chapter to sell preneed burial or funeral

21  service and merchandise contracts or direct disposition

22  contracts in this state.

23         (55)(58)  "Principal" means and includes the sole

24  proprietor of a sole proprietorship; all partners of a

25  partnership; all members of a limited liability company;

26  regarding a corporation, all directors and officers, and all

27  stockholders controlling more than 10 percent of the voting

28  stock; and all other persons who can exercise control over the

29  person or entity.

30         (56)(59)  "Processing" means the reduction of

31  identifiable bone fragments after the completion of the

                                  16

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  cremation process to unidentifiable bone fragments by manual

 2  means.

 3         (57)(60)  "Profession" and "occupation" are used

 4  interchangeably in this chapter. The use of the word

 5  "profession" in this chapter with respect to any activities

 6  regulated under this chapter shall not be deemed to mean that

 7  such activities are not occupations for other purposes in

 8  state or federal law.

 9         (58)(61)  "Pulverization" means the reduction of

10  identifiable bone fragments after the completion of the

11  cremation and processing to granulated particles by manual or

12  mechanical means.

13         (59)(62)  "Refrigeration facility" means a facility

14  that is operated independently of not physically connected

15  with a funeral establishment, crematory, or direct disposal

16  establishment, that maintains space and equipment for the

17  storage and refrigeration of dead human bodies, and that

18  offers its service to funeral directors, and funeral

19  establishments, direct disposers, direct disposal

20  establishments, or crematories for a fee.

21         (60)(63)  "Religious institution" means an organization

22  formed primarily for religious purposes which has qualified

23  for exemption from federal income tax as an exempt

24  organization under the provisions of s. 501(c)(3) of the

25  Internal Revenue Code of 1986, as amended.

26         (61)(64)  "Removal service" means any service that

27  operates independently of a funeral establishment or a direct

28  disposal establishment, that handles the initial removal of

29  dead human bodies, and that offers its service to funeral

30  establishments and direct disposal establishments for a fee.

31  

                                  17

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (62)(65)  "Rules" refers to rules adopted under this

 2  chapter unless expressly indicated to the contrary.

 3         (63)(66)  "Scattering garden" means a location set

 4  aside, within a cemetery, which is used for the spreading or

 5  broadcasting of cremated remains that have been removed from

 6  their container and can be mixed with or placed on top of the

 7  soil or ground cover or buried in an underground receptacle on

 8  a commingled basis and that are nonrecoverable. It may or may

 9  not include memorialization.

10         (64)(67)  "Servicing agent" means any person acting as

11  an independent contractor whose fiduciary responsibility is to

12  assist both the trustee and licensee in administrating their

13  responsibilities pursuant to this chapter.

14         (65)(68)  "Solicitation" means any communication which

15  directly or implicitly requests an immediate oral response

16  from the recipient.

17         (66)(69)  "Statutory accounting" means generally

18  accepted accounting principles, except as modified by this

19  chapter.

20         (67)(70)  "Temporary container" means a receptacle for

21  cremated remains usually made of cardboard, plastic, or

22  similar material designated to hold the cremated remains until

23  an urn or other permanent container is acquired.

24         (68)(71)  "Urn" means a receptacle designed to

25  permanently encase cremated remains.

26         Section 2.  Subsection (2) of section 497.101, Florida

27  Statutes, as amended by chapter 2004-301, Laws of Florida, is

28  amended, and subsection (8) is added to that section, to read:

29         497.101  Board of Funeral, Cemetery, and Consumer

30  Services; membership; appointment; terms.--

31  

                                  18

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (2)  Two members of the board must be funeral directors

 2  licensed under part III of this chapter who are associated

 3  with a funeral establishment. One member of the board must be

 4  a funeral director licensed under part III of this chapter who

 5  is associated with a funeral establishment licensed under part

 6  III of this chapter which has a valid preneed license issued

 7  pursuant to this chapter and who owns or operates a cinerator

 8  facility approved under chapter 403 and licensed under part VI

 9  of this chapter. Two members of the board must be persons

10  whose primary occupation is associated with a cemetery company

11  licensed pursuant to this chapter. Three members of the board

12  must be consumers who are residents of the state, have never

13  been licensed as funeral directors or embalmers, are not

14  connected with a cemetery or cemetery company licensed

15  pursuant to this chapter, and are not connected with the death

16  care industry or the practice of embalming, funeral directing,

17  or direct disposition. One of the consumer members must be at

18  least 60 years of age, and one must be licensed as a certified

19  public accountant under chapter 473. One member of the board

20  must be a monument dealer licensed under this chapter. One

21  member must be the State Health Officer or her or his

22  designee. There shall not be two or more board members who are

23  principals or directors, employees, partners, shareholders, or

24  members of the same company or partnership or group of

25  companies or partnerships under common control.

26         (8)  The department shall adopt rules establishing

27  forms with which persons may apply for membership on the board

28  and procedures for applying for such membership. Such forms

29  shall require disclosure of the existence and nature of all

30  current and past employments by or contracts with, and direct

31  or indirect affiliations or interests in, any entity or

                                  19

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  business that at any time was licensed by the board or by the

 2  former Board of Funeral and Cemetery Services or the former

 3  Board of Funeral Directors and Embalmers or that is or was

 4  otherwise involved in the death care industry, as specified by

 5  department rule.

 6         Section 3.  Paragraph (m) of subsection (2) of section

 7  497.103, Florida Statutes, as amended by chapter 2004-301,

 8  Laws of Florida, is amended, and paragraph (e) is added to

 9  subsection (4) of that section, to read:

10         497.103  Rulemaking authority of board and

11  department.--

12         (2)  DEPARTMENT AUTHORITY.--All authority provided by

13  this chapter and not expressly vested in the board by

14  subsection (1) is vested in the department, and the department

15  shall be deemed to be the licensing authority as to such

16  matters. Without limiting the generality of the foregoing

17  vesting of authority in the department, the authority provided

18  by this chapter which is vested solely in the department

19  includes:

20         (m)  Authority to take emergency action against any

21  licensee under this chapter, without prior consultation with

22  the board, when the department determines that there is an

23  imminent danger to the health, safety, or welfare of the

24  citizens of the state.

25         (4)  RECOMMENDATIONS BY THE CHIEF FINANCIAL OFFICER.--

26         (e)  The Chief Financial Officer shall have no

27  authority by recommendation or otherwise to set fees, rates,

28  or prices to be used by any licensee under this chapter, and

29  notwithstanding the provision of this subsection, no licensee

30  under this chapter shall in any event be required to set fees,

31  

                                  20

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  rates, or prices in accordance with any recommendation of the

 2  Chief Financial Officer.

 3         Section 4.  Paragraphs (b) and (c) of subsection (1) of

 4  section 497.140, Florida Statutes, as renumbered and amended

 5  by section 10 of chapter 2004-301, Laws of Florida, is amended

 6  to read:

 7         497.140  Fees.--

 8         (1)

 9         (b)  It is the legislative intent that the costs of

10  regulation under this chapter be provided for by fees

11  collected under this chapter. The board shall ensure that fees

12  are adequate to cover all anticipated costs of implementation

13  of this chapter. The department shall at least every other

14  year provide the board with estimates as to projected costs in

15  implementing this chapter and projected fee collections under

16  this chapter for the following 2 years, information as to

17  balances of regulatory trusts from fees collected, other

18  information which the department deems material to the setting

19  of fees by the board at proper levels, and a department

20  recommendation as to action, if any, regarding changing fee

21  levels. The board shall review such information provided by

22  the department and make such changes in fees, up or down, as

23  the board determines appropriate. If sufficient action is not

24  taken by the board within 6 months 1 year after notification

25  by the department that fees are projected to be inadequate,

26  the department shall set fees on behalf of the board to cover

27  anticipated costs.

28         (c)  The board may from time to time by rule assess and

29  collect a one-time fee from each active and each voluntary

30  inactive licensee under this chapter in an amount necessary to

31  correct an inadequacy of fees received to implement regulation

                                  21

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  required by this chapter, provided that no such assessments

 2  may be made after October 1, 2009 more than one such

 3  assessment may be made in any 4-year period without specific

 4  legislative authorization.

 5         Section 5.  Subsection (2) of section 497.141, Florida

 6  Statutes, as created by chapter 2004-301, Laws of Florida, is

 7  amended, and subsection (12) is added to that section, to

 8  read:

 9         497.141  Licensing; general application procedures.--

10         (2)  Any person desiring to be licensed shall apply to

11  the licensing authority in writing using such forms and

12  procedures as may be prescribed by rule. The application for

13  licensure shall include the applicant's social security number

14  if applicant is a natural person, or otherwise the applicant's

15  federal tax identification number. Notwithstanding any other

16  provision of law, the department is the sole authority for

17  determining the forms and form contents to be submitted for

18  initial licensure and licensure renewal application. Such

19  forms and the information and materials required by such forms

20  may include, as appropriate, demographics, education, work

21  history, personal background, criminal history, finances,

22  business information, signature notarization, performance

23  periods, reciprocity, local government approvals, supporting

24  documentation, periodic reporting requirements, fingerprint

25  requirements, continuing education requirements, business

26  plans, character references, and ongoing education monitoring.

27  Such forms and the information and materials required by such

28  forms may also include, to the extent such information or

29  materials are not already in the possession of the department

30  or the board, records or information as to complaints,

31  inspections, investigations, discipline, bonding, and

                                  22

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  photographs. The application shall be supplemented as needed

 2  to reflect any material change in any circumstance or

 3  condition stated in the application which takes place between

 4  the initial filing of the application and the final grant or

 5  denial of the license and which might affect the decision of

 6  the department or the board.

 7         (12)(a)  The following licenses may be applied for and

 8  issued only to a natural person:

 9         1.  Embalmer apprentice.

10         2.  Embalmer intern.

11         3.  Funeral director intern.

12         4.  Funeral director.

13         5.  Funeral director and embalmer.

14         6.  Direct disposer.

15         7.  Monument establishment sales agent.

16         8.  Preneed sales agent.

17         (b)  The following licenses may be applied for and

18  issued to a natural person, a corporation, a limited liability

19  company, or a partnership:

20         1.  Funeral establishment.

21         2.  Centralized embalming facility.

22         3.  Refrigeration facility.

23         4.  Direct disposal establishment.

24         5.  Monument establishment.

25         6.  Cinerator facility.

26         7.  Removal service.

27         8.  Preneed sales business under s. 497.453.

28         (c)  A cemetery license may be applied for and issued

29  only to a corporation, partnership, or limited liability

30  company.

31  

                                  23

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (d)  No license shall be issued to any applicant that

 2  is a corporation, limited liability company, or partnership

 3  unless the applicant is organized and in good standing under

 4  the laws of Florida or another state of the United States and

 5  provides written proof of same issued by the applicable state

 6  office or official in the state concerned. Each applicant that

 7  is a corporation, limited liability company, or partnership

 8  shall file with its application a written statement, signed by

 9  the same person who signs the application, identifying by name

10  and business functional title the following persons, as

11  applicable to the type of entity applying: officers, managers,

12  managing members, partners, general partners, limited

13  partners, managing partners, directors, all stockholders

14  controlling more than 10 percent of the voting stock, and all

15  other persons who can exercise control over the applicant. The

16  licensing authority may require the filing of applicant's

17  articles of incorporation or other organizational documents

18  and a resume concerning any person identified pursuant to this

19  paragraph.

20         (e)  All applications shall be signed by the applicant.

21  Signatures of the applicant shall be as follows:

22         1.  Where the applicant is a natural person, the

23  application shall be signed by applicant.

24         2.  Where the applicant is a corporation, the

25  application shall be signed by the corporation's president.

26         3.  Where the applicant is a partnership, the

27  application shall be signed by a partner, who shall provide

28  proof satisfactory to the licensing authority of that

29  partner's authority to sign on behalf of the partnership.

30         4.  Where the applicant is a limited liability company,

31  the application shall be signed by a member of the company,

                                  24

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  who shall provide proof satisfactory to the licensing

 2  authority of that member's authority to sign on behalf of the

 3  company.

 4         (f)  The licensing authority shall have authority to

 5  adopt rules for the implementation of this section, including

 6  required procedures and forms.

 7         (g)  No license regulated under this chapter is

 8  assignable or transferable except as provided in this chapter.

 9         Section 6.  Section 497.142, Florida Statutes, as

10  created by chapter 2004-301, Laws of Florida, is amended to

11  read:

12         497.142  Licensing; fingerprinting and criminal

13  background checks.--

14         (1)  In any instance that this chapter requires

15  submission of fingerprints in connection with an application

16  for license, the provisions of this section shall apply.

17         (2)  The fingerprints must be taken by a law

18  enforcement agency or other agency or entity approved by the

19  department and in such a way as to allow their use to obtain a

20  criminal history check through the Department of Law

21  Enforcement.

22         (3)  The department shall submit the fingerprints to or

23  cause them to be submitted to the Department of Law

24  Enforcement for the purpose of ascertaining whether the person

25  fingerprinted has a criminal history in any state or before

26  the Federal Government and, if so, the nature of the criminal

27  history.

28         (4)  The Department of Law Enforcement may accept

29  fingerprints of any applicant under this chapter, any

30  principal of any such applicant, and any other person who is

31  

                                  25

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  examined or investigated or who is subject to examination or

 2  investigation under the provisions of this chapter.

 3         (5)  The Department of Law Enforcement may, to the

 4  extent provided for by federal law, exchange state,

 5  multistate, and federal criminal history records with the

 6  department and the board for the purpose of the issuance,

 7  denial, suspension, or revocation of any license or other

 8  application under this chapter.

 9         (6)  The Department of Law Enforcement may accept

10  fingerprints of any other person required by statute or rule

11  to submit fingerprints to the department or board or any

12  applicant or licensee regulated by the department or board who

13  is required to demonstrate that she or he has not been

14  convicted of or pled guilty or nolo contendere to a felony or

15  a misdemeanor.

16         (6)(7)  The Department of Law Enforcement shall, upon

17  receipt of fingerprints from the department, submit the

18  fingerprints to the Federal Bureau of Investigation to check

19  federal criminal history records.

20         (7)(8)  Statewide criminal records obtained through the

21  Department of Law Enforcement, federal criminal records

22  obtained through the Federal Bureau of Investigation, and

23  local criminal records obtained through local law enforcement

24  agencies shall be used by the department and board for the

25  purpose of issuance, denial, suspension, or revocation of

26  certificates of authority, certifications, or licenses issued

27  to operate in this state.

28         (8)(9)  For the purposes of criminal background checks,

29  applicants and principals of applicants for any approval or

30  license under this chapter may be required to disclose whether

31  

                                  26

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  they have ever had their name legally changed and any prior

 2  name or names they have used.

 3         (9)(10)  If any applicant under this chapter has been,

 4  within the 10 years preceding the application under this

 5  chapter, convicted or found guilty of, or entered a plea of

 6  nolo contendere to, regardless of adjudication, any crime in

 7  any jurisdiction, the application shall not be deemed complete

 8  until such time as the applicant provides such certified true

 9  copies of the court records evidencing the conviction,

10  finding, or plea, as the licensing authority may by rule

11  require.

12         (10)(a)  When applying for any license under this

13  chapter, every applicant shall be required to disclose the

14  applicant's criminal records in accordance with this

15  subsection.

16         (b)  The criminal record required to be disclosed shall

17  be any crime listed in paragraph (c) of which the person or

18  entity required to make disclosure has been convicted or to

19  which that person or entity entered a plea in the nature of no

20  contest. Disclosure shall be required pursuant to this

21  subsection regardless of whether adjudication was entered or

22  withheld by the court in which the case was prosecuted.

23         (c)  Crimes to be disclosed are:

24         1.  Any felony or misdemeanor, no matter when

25  committed, which was directly or indirectly related to or

26  involving any aspect of the practice or business of funeral

27  directing, embalming, direct disposition, cremation, funeral

28  or cemetery preneed sales, funeral establishment operations,

29  cemetery operations, or cemetery monument or marker sales or

30  installation.

31  

                                  27

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         2.  Any other felony not already disclosed under

 2  subparagraph 1. which was committed within the 20 years

 3  immediately preceding the application under this chapter.

 4         3.  Any other misdemeanor not already disclosed under

 5  subparagraph 1. which was committed within the 5 years

 6  immediately preceding the application under this chapter.

 7         (d)  Criminal records falling within paragraphs (b) and

 8  (c) shall be disclosed regardless of whether the criminal

 9  conduct occurred inside or outside the state and regardless of

10  whether the criminal prosecution occurred in state court or

11  the court of another state, the United States, or a foreign

12  country. As to crimes prosecuted in courts other than the

13  courts of this state, the designation of the crime as a felony

14  or misdemeanor by the law of the jurisdiction prosecuting the

15  crime shall control. If the prosecuting jurisdiction does not

16  use the term "felony" or "misdemeanor" in classifying the

17  crime, the crime shall be deemed a felony for purposes of this

18  subsection if punishable under the law of the prosecuting

19  jurisdiction by a term of imprisonment in excess of 1 year;

20  otherwise the crime shall be classified as a misdemeanor for

21  purposes of this subsection. Excessive speed in the operation

22  of a motor vehicle and other noncriminal traffic infractions

23  are not required to be reported under this section.

24         (e)  For purposes of this subsection, the persons

25  required to make disclosure of their criminal records in

26  relation to an application shall be as follows:

27         1.  Where the applicant is a natural person, only the

28  natural person making application has the duty to disclose.

29         2.  Where the applicant is a corporation, all officers

30  and directors of that corporation have the duty to disclose.

31  

                                  28

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         3.  Where the applicant is a limited liability company,

 2  all managers and members of the limited liability company have

 3  the duty to disclose.

 4         4.  Where the applicant is a partnership, all partners

 5  have the duty to disclose.

 6         5.  Where the applicant is required by this chapter to

 7  identify in the application the individual licensee under this

 8  chapter who will be in charge of the applicant, the identified

 9  individual licensee in charge must make disclosure of criminal

10  records as part of the application, in addition to the

11  applicant.

12         (f)  In addition to persons identified in paragraph (e)

13  as being required to provide a criminal history in relation to

14  an application for licensure, the department may during its

15  prelicensing investigation of the applicant pursuant to

16  subsection (3), on a case by case basis, require disclosure of

17  criminal records from any other employee or principal of the

18  applicant if the department has grounds to believe that such

19  employee or principal has committed any crime and that the

20  person's relationship to the applicant may render the

21  applicant a danger to the public if the license applied for is

22  issued.

23         (g)  The licensing authority may adopt rules specifying

24  forms and procedures to be used by persons required to

25  disclose criminal records under this subsection. The licensing

26  authority may conduct investigation and further inquiry of any

27  person regarding any criminal record disclosed pursuant to

28  this section.

29         (11)(a)  Whenever in this chapter an applicant is

30  required to submit fingerprints in applying for a license, the

31  

                                  29

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  persons whose fingerprints must be submitted shall be as

 2  follows:

 3         1.  Where the applicant is a natural person, the

 4  fingerprints of the natural person making application.

 5         2.  Where the applicant is a corporation, the

 6  fingerprints of the persons serving in the following

 7  capacities: chief executive officer and president, or both

 8  persons if the positions are filled by different persons;

 9  chief financial officer; chief of operations; general counsel

10  if a corporation employee; and members of the board.

11         3.  Where the applicant is a limited liability company,

12  the fingerprints of all managers and members of the limited

13  liability company.

14         4.  Where the applicant is a partnership, the

15  fingerprints of all partners.

16         (b)  In addition to persons identified in paragraph (a)

17  as being required to provide fingerprints, the department may

18  during its prelicensing investigation of the applicant

19  pursuant to subsection (3), on a case by case basis, require

20  fingerprints from any other employee of the applicant, if the

21  department has grounds to believe that any such person may

22  have committed any crime and that the person's relationship to

23  the applicant may render the applicant a danger to the public

24  if the license applied for is issued.

25         (12)  The licensing authority may by rule establish

26  forms, procedures, and fees for the submission and processing

27  of fingerprints required to be submitted in accordance with

28  this chapter. The licensing authority may by rule waive the

29  requirement for submission of fingerprints otherwise required

30  by this chapter if the person has within the preceding 24

31  months submitted fingerprints to the licensing authority and

                                  30

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  the licensing authority has obtained a criminal history report

 2  using those prior fingerprints.

 3         Section 7.  Subsection (2) of section 497.143, Florida

 4  Statutes, as created by chapter 2004-301, Laws of Florida, is

 5  amended to read:

 6         497.143  Licensing; limited licenses for retired

 7  professionals.--

 8         (2)  Any person desiring to obtain a limited license,

 9  when permitted by rule, shall submit to the department an

10  application and fee, not to exceed $300, and an affidavit

11  stating that the applicant has been licensed to practice in

12  any jurisdiction in the United States for at least 10 years in

13  the profession for which the applicant seeks a limited

14  license. The affidavit shall also state that the applicant has

15  retired or intends to retire from the practice of that

16  profession and intends to practice only pursuant to the

17  restrictions of the limited license granted pursuant to this

18  section. If the applicant for a limited license submits a

19  notarized statement from the employer stating that the

20  applicant will not receive monetary compensation for any

21  service involving the practice of her or his profession, the

22  application and all licensure fees shall be waived. In no

23  event may a person holding a limited license under this

24  section engage in preneed sales under such limited license.

25         Section 8.  Subsection (13) of section 497.144, Florida

26  Statutes, as created by chapter 2004-301, Laws of Florida, is

27  amended to read:

28         497.144  Licensing; examinations, general provisions.--

29         (13)  When any licensed applicant under this chapter

30  requests a hearing to challenge a decision that the

31  applicant's answer to any licensure test question was not a

                                  31

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  correct answer, or to seek a determination that a challenged

 2  question should be struck, unless the an applicant notifies

 3  the department at least 5 days prior to the an examination

 4  hearing of the applicant's inability to attend or unless the

 5  an applicant can demonstrate an extreme emergency for failing

 6  to attend, the department may require the an applicant who

 7  fails to attend to pay reasonable attorney's fees, costs, and

 8  court costs of the department for the examination hearing.

 9         Section 9.  Paragraph (c) of subsection (1) of section

10  497.149, Florida Statutes, as created by chapter 2004-301,

11  Laws of Florida, is amended to read:

12         497.149  Investigations, hearings, and inspections.--

13         (1)  INVESTIGATIONS.--Investigations shall be conducted

14  by the department. The following provisions shall apply

15  concerning investigations:

16         (c)  If the department finds any accounts or records of

17  a licensee required by this chapter to be created and

18  maintained by the licensee to be inadequate or inadequately

19  kept or posted, it may employ experts to reconstruct, rewrite,

20  post, or balance them at the expense of the person being

21  investigated, provided the person has failed to maintain,

22  complete, or correct such records or accounting after the

23  department has given the licensee her or him notice and a

24  reasonable opportunity to do so.

25         Section 10.  Subsection (1) of section 497.151, Florida

26  Statutes, as created by chapter 2004-301, Laws of Florida, is

27  amended, and subsection (4) is added to that section, to read:

28         497.151  Complaints; logs; procedures.--

29         (1)  This section shall be applicable to all licensed

30  entities under this chapter licensees under this chapter

31  except preneed sales agent licensees.

                                  32

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (4)  For purposes of this section, the response of a

 2  customer recorded by the customer on a customer satisfaction

 3  questionnaire or survey form sent to the customer by the

 4  licensee, and returned by the customer to the licensee, shall

 5  not be deemed to be a complaint.

 6         Section 11.  Section 497.152, Florida Statutes, as

 7  created by chapter 2004-301, Laws of Florida, is amended to

 8  read:

 9         497.152  Disciplinary grounds.--This section sets forth

10  conduct which is prohibited and which shall constitute grounds

11  for denial of any application, imposition of discipline, or

12  and other enforcement action against the licensee or other

13  person committing such conduct. For purposes of this section,

14  the requirements of this chapter include the requirements of

15  rules adopted under authority of this chapter. No subsection

16  heading in this section shall be interpreted as limiting the

17  applicability of any paragraph within the subsection.

18         (1)  GENERAL PROVISIONS.--The generality of the

19  provisions of this subsection shall not be deemed to be

20  limited by the provisions of any other subsection.

21         (a)  Violating any provision of this chapter or any

22  lawful order of the board or department or of the statutory

23  predecessors to the board or department.

24         (b)  Committing fraud, deceit, negligence,

25  incompetency, or misconduct in the practice of any of the

26  activities regulated under this chapter.

27         (c)  Failing while holding a license under this chapter

28  to maintain one or more of the qualifications for such

29  license.

30  

31  

                                  33

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (d)  Refusing to sell or issue a contract or provide

 2  services to any person because of the person's race, color,

 3  creed, marital status, sex, or national origin.

 4         (2)  CRIMINAL ACTIVITY.--Being convicted or found

 5  guilty of, or entering a plea of nolo contendere to,

 6  regardless of adjudication, a crime in any jurisdiction which

 7  relates to the practice of, or the ability to practice, a

 8  licensee's profession or occupation under this chapter.

 9         (3)  DISCIPLINARY ACTION BY OTHER AUTHORITIES.--Having

10  a license or the authority to practice a profession or

11  occupation revoked, suspended, fined, denied, or otherwise

12  acted against or disciplined by the licensing authority of

13  another any jurisdiction, including its agencies or

14  subdivisions, for conduct that would constitute a violation of

15  this chapter if committed in this state or upon grounds which

16  directly relate to the ability to practice under this chapter.

17  The licensing authority's acceptance of a relinquishment of

18  licensure, stipulation, consent order, or other settlement

19  offered in response to or in anticipation of the filing of

20  charges against the license shall be construed as action

21  against the license.

22         (4)  OBLIGATIONS TO REGULATORS AND OTHER GOVERNMENT

23  AGENCIES.--

24         (a)  Improperly interfering with an investigation or

25  inspection authorized by statute or with any disciplinary

26  proceeding.

27         (b)  Failure to comply with a lawfully issued subpoena

28  of the department.

29         (c)  Refusal to produce records to the department or

30  board in connection with any activity regulated pursuant to

31  this chapter.

                                  34

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (d)  Failing to report to the department any person who

 2  the licensee knows is in violation of this chapter.

 3         (e)  Knowingly concealing information relative to

 4  violations of this chapter.

 5         (f)  Attempting to obtain, obtaining, or renewing a

 6  license under this chapter by bribery, false or forged

 7  evidence, or misrepresentation, or through an error of the

 8  department or board known to the applicant.

 9         (g)  Making or filing a report or statement to or with

10  any government entity which the licensee knows or has reason

11  to know to be false; or intentionally or negligently failing

12  to file a report or record required to be filed with any

13  government entity, or willfully impeding or obstructing

14  another person to do so, or inducing another person to impede

15  or obstruct such filing.

16         (h)  Failing to perform any statutory or legal

17  obligation placed upon a licensee.

18         (5)  LIMITATIONS ON SCOPE OF PRACTICE; UNLICENSED

19  PRACTICE.--

20         (a)  Practicing or offering to practice beyond the

21  scope permitted by this chapter and rules adopted under this

22  chapter for the type of licensure held or accepting and

23  performing professional responsibilities the licensee knows,

24  or has reason to know, the licensee is not competent to

25  perform.

26         (b)  Practicing or attempting to practice with a

27  revoked, suspended, inactive, or delinquent license.

28         (c)  Representing as her or his own the license of

29  another.

30         (d)  Aiding, assisting, procuring, employing, or

31  advising any person or entity to practice a profession or

                                  35

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  occupation regulated by this chapter without required

 2  licensure under this chapter.

 3         (e)  Aiding, assisting, procuring, employing, or

 4  advising any person or entity to operate or in operating an

 5  establishment regulated by this chapter without the required

 6  licensure under this chapter.

 7         (f)  Delegating to any person the performance of

 8  professional activities, or contracting with any person for

 9  the performance of professional activities by such person,

10  when the licensee knows or has reason to know the person is

11  not qualified by training, experience, and authorization to

12  perform such responsibilities.

13         (g)  Using the name or title "funeral director,"

14  "embalmer," "direct disposer," or other title suggesting

15  licensure which the person using such name or title does not

16  hold.

17         (h)  Engaging by a direct disposer in the practice of

18  direct burial or offering the at-need or preneed service of

19  direct burial.

20         (6)  EDUCATIONAL REQUIREMENTS.--

21         (a)  Failing to comply with applicable educational

22  course requirements pursuant to this chapter or rules adopted

23  under this chapter regarding human immunodeficiency virus and

24  acquired immune deficiency syndrome.

25         (b)  Failing to timely comply with applicable

26  continuing education requirements of this chapter.

27         (7)  RELATIONS WITH OTHER LICENSEES.--

28         (a)  Having been found liable in a civil proceeding for

29  knowingly filing a false report or complaint against another

30  licensee with the department or the board.

31  

                                  36

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (b)  Making any misleading statements or

 2  misrepresentations as to the financial condition of any

 3  person, or which are falsely and maliciously critical of any

 4  person for the purpose of damaging that person's business

 5  regulated under this chapter.

 6         (8)  TRANSPORT, CUSTODY, TREATMENT, OR DISINTERMENT OF

 7  HUMAN REMAINS.--

 8         (a)  Violation of any state law or rule or any

 9  municipal or county ordinance or regulation affecting the

10  handling, custody, care, or transportation of dead human

11  bodies.

12         (b)  Refusing to surrender promptly the custody of a

13  dead human body upon the express order of the person legally

14  authorized to its custody; however, this provision shall be

15  subject to any state or local laws or rules governing custody

16  or transportation of dead human bodies.

17         (c)  Taking possession of a dead human body without

18  first having obtained written or oral permission from a

19  legally authorized person. If oral permission is granted, the

20  licensee must obtain written permission within a reasonable

21  time as established by rule.

22         (d)  Embalming human remains without first having

23  obtained written or oral permission from a legally authorized

24  person; however, washing and other public health procedures,

25  such as closing of the orifices by placing cotton soaked in a

26  disinfectant in such orifices until authorization to embalm is

27  received, shall not be precluded. If oral permission is

28  granted, the licensee must obtain written permission within a

29  reasonable time as established by board rule.

30         (e)  Failing to obtain written authorization from the

31  family or next of kin of the deceased prior to entombment,

                                  37

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  interment, disinterment, disentombment, or disinurnment of the

 2  remains of any human being.

 3         (9)  SALES PRACTICES IN GENERAL.--

 4         (a)  Soliciting by the licensee, or by her or his

 5  agent, assistant, or employee, through the use of fraud, undue

 6  influence, intimidation, overreaching, or other means which

 7  takes advantage of a customer's ignorance or emotional

 8  vulnerability.

 9         (b)  Exercising undue influence on a client for the

10  purpose of financial gain of the licensee or a third party in

11  connection with any transaction regulated by this chapter.

12         (c)  Discouraging a customer's purchase of any funeral

13  merchandise or service which is advertised or offered for

14  sale, with the purpose of encouraging the purchase of

15  additional or more expensive merchandise or service, by

16  disparaging its quality or appearance, except that true

17  factual statements concerning features, design, or

18  construction do not constitute disparagement; by

19  misrepresenting its availability or any delay involved in

20  obtaining it; or by suggesting directly or by implication that

21  a customer's concern for price or expressed interest in

22  inexpensive funeral merchandise or services is improper,

23  inappropriate, or indicative of diminished respect or

24  affection for the deceased.

25         (d)  Misrepresenting the benefits, advantages,

26  conditions, or terms of any contract to provide any services

27  or merchandise regulated under this chapter.

28         (e)  Advertising goods and services in a manner that is

29  fraudulent, deceptive, or misleading in form or content.

30         (f)  Directly or indirectly making any deceptive,

31  misleading, or untrue representations, whether oral or

                                  38

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  written, or employing any trick, scheme, or artifice, in or

 2  related to the practice of a profession or occupation

 3  regulated under this chapter, including in the advertising or

 4  sale of any merchandise or services related to the practice of

 5  the profession or occupation.

 6         (10)  SPECIFIC MISREPRESENTATIONS.--

 7         (a)  Making any false or misleading statement of the

 8  legal requirement as to the necessity of any particular burial

 9  or funeral merchandise or services.

10         (b)  Making any oral, written, or visual

11  representations, directly or indirectly, that any funeral

12  merchandise or service is offered for sale when such is not a

13  bona fide offer to sell such merchandise or service.

14         (c)  Making any misrepresentation for the purpose of

15  inducing, or tending to induce, the lapse, forfeiture,

16  exchange, conversion, or surrender of any preneed contract or

17  any life insurance policy pledged or assigned to secure

18  payment for funeral or burial goods or services.

19         (d)  Misrepresenting pertinent facts or prepaid

20  contract provisions relating to funeral or burial merchandise

21  or services.

22         (e)  Misrepresenting the amount advanced on behalf of a

23  customer for any item of service or merchandise, including,

24  but not limited to, cemetery or crematory services,

25  pallbearers, public transportation, clergy honoraria, flowers,

26  musicians or singers, nurses, obituary notices, gratuities,

27  and death certificates, described as cash advances,

28  accommodations, or words of similar import on the contract,

29  final bill, or other written evidence of agreement or

30  obligation furnished to customers; however, nothing in this

31  paragraph shall require disclosure of a discount or rebate

                                  39

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  which may accrue to a licensee subsequent to making a cash

 2  advance.

 3         (f)  Making any false or misleading statement or claim

 4  that natural decomposition or decay of human remains can be

 5  prevented or substantially delayed by embalming, use of a

 6  gasketed or ungasketed casket, or use of an adhesive or

 7  nonadhesive closure on an outer burial container.

 8         (g)  Making any false or misleading statement, oral or

 9  written, directly or indirectly, regarding any law or rule

10  pertaining to the preparation for disposition, transportation

11  for disposition, or disposition of dead human bodies.

12         (h)  Making any false or misleading statements of the

13  legal requirement as to the conditions under which

14  preservation of a dead human body is required or as to the

15  necessity of a casket or outer burial container.

16         (11)  SPECIFIC SALES PRACTICES.--

17         (a)  Failing to furnish, for retention, to each

18  purchaser of burial rights, burial or funeral merchandise, or

19  burial or funeral services a written agreement, the form of

20  which has been previously approved if and as required by this

21  chapter, which lists in detail the items and services

22  purchased together with the prices for the items and services

23  purchased; the name, address, and telephone number of the

24  licensee; the signatures of the customer and the licensee or

25  her or his representative; and the date signed.

26         (b)  Filling in any contract form for use with a

27  particular customer, using language that Using any name or

28  title in any contract regulated under this chapter which

29  misrepresents the true nature of the contract.

30         (c)  Selling an irrevocable preneed contract to a

31  person who is not an applicant for or recipient of

                                  40

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  Supplemental Security Income or Aid to Families with Dependent

 2  Children or pursuant to s. 497.459(6)(a).

 3         (d)  Except as authorized in part IV of this chapter,

 4  guaranteeing the price of goods and services at a future date.

 5         (e)  Requiring that a casket be purchased for cremation

 6  or claiming directly or by implication that a casket is

 7  required for cremation.

 8         (f)  When displaying any caskets for sale, failing to

 9  display the least expensive casket offered for sale or use in

10  adult funerals in the same general manner as the funeral

11  service industry member's other caskets are displayed.

12         (g)  Assessing fees and costs that have not been

13  disclosed to the customer in connection with any transaction

14  regulated by this chapter.

15         (h)  Failure by a cemetery licensed under this chapter

16  to provide to any person, upon request, a copy of the cemetery

17  bylaws.

18         (i)  Requirements by a cemetery licensee that lot

19  owners or current customers make unnecessary visits to the

20  cemetery company office for the purpose of solicitation.

21         (12)  DISCLOSURE REQUIREMENTS.--

22         (a)  Failure to disclose, when such disclosure is

23  desired, the components of the prices for alternatives offered

24  by the licensee from whom disclosure is requested, such as

25  graveside service, direct disposition, and body donation

26  without any rites or ceremonies prior to the delivery of the

27  body and prices of service if there are to be such after the

28  residue has been removed following the use thereof.

29         (b)  Failing to furnish, for retention, to anyone who

30  inquires in person about burial rights, burial or funeral

31  merchandise, or burial or funeral services, before any

                                  41

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  discussion of selection, a printed or typewritten list

 2  specifying the range of retail prices for such rights,

 3  merchandise, or services. At a minimum, the list shall itemize

 4  the highest and lowest priced product and service regularly

 5  offered and shall include the name, address, and telephone

 6  number of the licensee and statements that the customer may

 7  choose only the items the customer desires, that the customer

 8  will be charged for only those items selected, and that there

 9  may be other charges for other items or other services.

10         (c)  Failing to reasonably provide by telephone, upon

11  request, accurate information regarding the retail prices of

12  funeral merchandise and services offered for sale by that

13  licensee.

14         (d)  Failure by a funeral director to make full

15  disclosure in the case of a funeral or direct disposition with

16  regard to the use of funeral merchandise which is not to be

17  disposed of with the body or failure to obtain written

18  permission from the purchaser regarding disposition of such

19  merchandise.

20         (e)  Failure by any funeral director to fully disclose

21  all of her or his available services and merchandise prior to

22  the selection of a casket offered by a licensee. The full

23  disclosure required shall identify what is included in the

24  funeral or direct disposition and the prices of all services

25  and merchandise provided by the licensee or registrant.

26         (f)  Failing to have the price of any casket offered

27  for sale clearly marked on or in the casket, whether the

28  casket is displayed at a funeral establishment or at any other

29  location, regardless of whether the licensee is in control of

30  such location. If a licensee uses books, catalogs, brochures,

31  

                                  42

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  or other printed display aids, the price of each casket shall

 2  be clearly marked.

 3         (g)  Failing to disclose all fees and costs the

 4  customer may incur to use the burial rights or merchandise

 5  purchased.

 6         (13)  CONTRACT OBLIGATIONS.--

 7         (a)  Failing without reasonable justification to timely

 8  honor contracts entered into by the licensee or under the

 9  licensee's license for funeral or burial merchandise or

10  services.

11         (b)  Failure to honor preneed contract cancellation

12  requests and make refunds as required by the chapter.

13         (14)  OBLIGATIONS REGARDING COMPLAINTS AND CLAIMS BY

14  CUSTOMERS.--

15         (a)  Failing to adopt and implement standards for the

16  proper investigation and resolution of claims and complaints

17  received by a licensee relating to the licensee's activities

18  regulated by this chapter.

19         (b)  Committing or performing with such frequency as to

20  indicate a general business practice any of the following:

21         1.  Failing to acknowledge and act promptly upon

22  communications from a licensee's customers and their

23  representatives with respect to claims or complaints relating

24  to the licensee's activities regulated by this chapter.

25         2.  Denying claims or rejecting complaints received by

26  a licensee from a customer or customer's representative,

27  relating to the licensee's activities regulated by this

28  chapter, without first conducting reasonable investigation

29  based upon available information.

30         3.  Attempting to settle a claim or complaint on the

31  basis of a material document which was altered without notice

                                  43

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  to, or without the knowledge or consent of, the contract

 2  purchaser or her or his representative or legal guardian.

 3         4.  Failing within a reasonable time to affirm or deny

 4  coverage of specified services or merchandise under a contract

 5  entered into by a licensee upon written request of the

 6  contract purchaser or her or his representative or legal

 7  guardian.

 8         5.  Failing to promptly provide, in relation to a

 9  contract for funeral or burial merchandise or services entered

10  into by the licensee or under the licensee's license, a

11  reasonable explanation to the contract purchaser or her or his

12  representative or legal guardian of the licensee's basis for

13  denying or rejecting all or any part of a claim or complaint

14  submitted.

15         (c)  Making a material misrepresentation to a contract

16  purchaser or her or his representative or legal guardian for

17  the purpose and with the intent of effecting settlement of a

18  claim or complaint or loss under a prepaid contract on less

19  favorable terms than those provided in, and contemplated by,

20  the prepaid contract.

21         (d)  Failing to maintain a complete copy of every

22  complaint received by the licensee since the date of the last

23  examination of the licensee by the department. For purposes of

24  this subsection, the term "complaint" means any written

25  communication primarily expressing a grievance and which

26  communication is from:

27         1.  A representative or family member of a deceased

28  person interred at the licensee's facilities or using the

29  licensee's services, or which deceased's remains were the

30  subject of any service provided by the licensee or licensee's

31  business; or

                                  44

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         2.  A person, or such person's family member or

 2  representative, who inquired of the licensee or licensee's

 3  business concerning the purchase of, or who purchased or

 4  contracted to purchase, any funeral or burial merchandise or

 5  services from the licensee or licensee's business.

 6  

 7  For purposes of this subsection, the response of a customer

 8  recorded by the customer on a customer satisfaction

 9  questionnaire or survey form sent to the customer by the

10  licensee, and returned by the customer to the licensee, shall

11  not be deemed to be a complaint.

12         (15)  MISCELLANEOUS FINANCIAL MATTERS.--

13         (a)  Failing to timely pay any fee required by this

14  chapter.

15         (b)  Failing to timely remit as required by this

16  chapter the required amounts to any trust fund required by

17  this chapter, provided a remittance deficiency shall not be a

18  disciplinary infraction if:

19         1.  The remittance deficiency, neither by itself nor in

20  the aggregate with any prior remittance deficiencies, results

21  in or increases a trust fund deficit by 1 percent or more.

22         2.  The failure to remit was not willful.

23         3.  Any related trust fund deficit is corrected within

24  30 days of notice thereof to the licensee by the licensing

25  authority.

26         (c)  Paying to or receiving from any organization,

27  agency, or person, either directly or indirectly, any

28  commission, bonus, kickback, or rebate in any form whatsoever

29  for any business regulated under this chapter, whether such

30  payments are made or received by the licensee, or her or his

31  agent, assistant, or employee; however, this provision shall

                                  45

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  not prohibit the payment of commissions by a funeral director,

 2  funeral establishment, cemetery, or monument establishment to

 3  its preneed agents licensed pursuant to this chapter or to

 4  licensees under this chapter.

 5         Section 12.  Subsection (1), paragraph (b) of

 6  subsection (2), and paragraph (c) of subsection (4) of section

 7  497.153, Florida Statutes, as created by chapter 2004-301,

 8  Laws of Florida, are amended to read:

 9         497.153  Disciplinary procedures and penalties.--

10         (1)  JURISDICTION OF LICENSING AUTHORITY TO INVESTIGATE

11  AND PROSECUTE.--The expiration, nonrenewal, or surrender of

12  licensure under this chapter shall not eliminate jurisdiction

13  in the licensing authority to investigate and prosecute for

14  violations committed by a licensee while licensed under this

15  chapter. The prosecution of any matter may be initiated or

16  continued notwithstanding the withdrawal of any complaint.

17         (2)  DETERMINATION OF PROBABLE CAUSE.--

18         (b)  Prior to submitting a matter to the probable cause

19  panel, the licensee who is the subject of the matter shall be

20  provided by the department with a copy of any written

21  complaint received by the department in the matter and shall

22  be advised that the licensee she or he may, within 20 days

23  after receipt of a copy of such complaint from the department,

24  submit to the department a written response. Any response

25  timely received by the department shall be provided by the

26  department to the probable cause panel. Licensees may not

27  appear in person or through a representative at any probable

28  cause panel proceeding. This paragraph shall not apply to

29  emergency action.

30         (4)  ACTION AFTER PROBABLE CAUSE FOUND.--

31  

                                  46

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (c)  The department may at any time present to the

 2  board a proposed settlement by consent order or otherwise of

 3  any matter as to which probable cause has been found. If the

 4  board accepts the proposed settlement, it may execute and file

 5  the consent order as its final order in the matter or may

 6  otherwise issue its final order in the matter shall issue its

 7  final order adopting the settlement. If the board does not

 8  accept such settlement, the prosecution of the matter shall be

 9  resumed. No settlement of any disciplinary matter as to which

10  probable cause has been found may be entered into by the board

11  prior to receipt of a recommended order of an administrative

12  law judge without the department's concurrence.

13         Section 13.  Subsection (1) of section 497.158, Florida

14  Statutes, as renumbered and amended by section 28 of chapter

15  2004-301, Laws of Florida, is amended to read:

16         497.158  Court enforcement actions; powers; abatement

17  of nuisances.--

18         (1)  In addition to or in lieu of other actions

19  authorized by this chapter, the department may petition the

20  courts of this state for injunctive or other relief against

21  any licensed or unlicensed person for the enforcement of this

22  chapter and orders issued under this chapter. The court shall

23  be authorized to impose a fine of up to $5,000 per violation

24  on any licensee under this chapter and up to $10,000 on any

25  person not licensed under this chapter, payable to the

26  department, upon any person determined by the court to have

27  violated this chapter, and may order payment to the department

28  of the department's attorney's fees and litigation costs, by

29  any person found to have violated this chapter.

30         Section 14.  Subsections (1), (3), and (4) and

31  paragraph (a) of subsection (5) of section 497.159, Florida

                                  47

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  Statutes, as created by chapter 2004-301, Laws of Florida, are

 2  amended to read:

 3         497.159  Crimes.--

 4         (1)  The theft of an examination in whole or in part or

 5  the act of unauthorized reproducing, circulating, or copying

 6  of any questions or answers on, from, or for any prelicensure

 7  examination administered by the department or the board,

 8  whether such examination is reproduced or copied in part or in

 9  whole and by any means, constitutes a felony of the third

10  degree, punishable as provided in s. 775.082, s. 775.083, or

11  s. 775.084.

12         (3)  Any individual who willfully obstructs the

13  department or its examiner in any examination or investigation

14  authorized by this chapter is guilty of a misdemeanor of the

15  second degree and is, in addition to any disciplinary action

16  under this chapter, punishable as provided in s. 775.082 or s.

17  775.083. The initiation of action in any court by or on behalf

18  of any licensee to terminate or limit any examination or

19  investigation under this chapter shall not constitute a

20  violation under this subsection.

21         (4)  Any officer or director, or person occupying

22  similar status or performing similar functions, of a preneed

23  licensee who fails licensee under this chapter who knowingly

24  directs or causes the failure to make required deposits to any

25  trust fund required by this chapter; any director, officer,

26  agent, or employee of a preneed licensee who makes any

27  unlawful withdrawal of funds from any such account or who

28  knowingly discloses to the department or an employee thereof

29  any false report made pursuant to this chapter; or any person

30  who willfully violates any of the provisions of part II, part

31  IV or part V, or with knowledge that such required deposits

                                  48

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  are not being made as required by law fails to report such

 2  failure to the department, or who knowingly directs or causes

 3  the unlawful withdrawal of funds from any trust fund required

 4  by this chapter, commits a felony of the third degree,

 5  punishable as provided in s. 775.082, s. 775.083, or s.

 6  775.084.

 7         (5)(a)  No cemetery company or other legal entity

 8  conducting or maintaining any public or private cemetery may

 9  deny burial space to any person because of race, creed,

10  marital status, sex, national origin, or color. A cemetery

11  company or other entity operating any cemetery may designate

12  parts of cemeteries or burial grounds for the specific use of

13  persons whose religious code requires isolation. Religious

14  institution cemeteries may limit burials to members of the

15  religious institution and their families.

16         Section 15.  Paragraphs (g) and (h) of subsection (1)

17  and subsection (3) of section 497.161, Florida Statutes, as

18  created by chapter 2004-301, Laws of Florida, are amended to

19  read:

20         497.161  Other rulemaking provisions.--

21         (1)  In addition to such other rules as are authorized

22  or required under this chapter, the following additional

23  rules, not inconsistent with this chapter, shall be authorized

24  by the licensing authority.

25         (g)  Rules establishing procedures by which the

26  department may use the expert or technical advice of the board

27  or members of the board for the purposes of any investigation,

28  inspection, or financial examination, without thereby

29  disqualifying the board member from voting on final action in

30  the matter.

31  

                                  49

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (g)(h)  In connection with the statutory revisions by

 2  the 2004 2005 Regular Session of the Legislature merging

 3  chapters 470 and 497 as those chapters appeared in the 2003

 4  2004 edition of the Florida Statutes and the elimination of

 5  the former boards under those chapters and the movement of

 6  regulation out of the Department of Business and Professional

 7  Regulation, the licensing authority shall through July 1,

 8  2006, be deemed to have extraordinary rulemaking authority to

 9  adopt any and all rules jointly agreed by the board and the

10  department to be necessary for the protection of the public

11  concerning the regulation of the professions and occupations

12  regulated under this chapter, or for the relief of licensees

13  regulated under this chapter concerning any impacts which the

14  department and the board jointly agree were unintended or not

15  contemplated in the enactment of the 2004 2005 legislative

16  changes. The authority under this paragraph and any rules

17  adopted under authority of this paragraph shall expire July 1,

18  2006.

19         (3)  The department and the board shall each have

20  standing under chapter 120 for the purposes of challenging

21  rules or proposed rules under this chapter. This subsection

22  shall not be interpreted to deny standing to a licensee to

23  challenge any rule under this chapter if the licensee would

24  otherwise have standing.

25         Section 16.  Subsections (1) and (3) of section

26  497.166, Florida Statutes, as created by chapter 2004-301,

27  Laws of Florida, are amended to read:

28         497.166  Preneed sales.--

29         (1)  Regulation of preneed sales shall be as set forth

30  in part IV of this chapter. No person may act as an agent for

31  a preneed licensee funeral establishment or direct disposal

                                  50

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  establishment with respect to preneed contracts unless such

 2  person is licensed as a preneed sales agent pursuant to part

 3  IV of this chapter or is a licensed funeral director acting as

 4  a preneed sales agent.

 5         (3)(a)  The funeral director in charge of a funeral

 6  establishment shall be responsible for the control and

 7  activities of the establishment's preneed sales agents.

 8         (b)  The direct disposer in charge or a funeral

 9  director acting as a direct disposer in charge of a direct

10  disposal establishment shall be responsible for the control

11  and activities of the establishment's preneed sales agents.

12         (c)  The responsibility imposed by this subsection on

13  the funeral director and direct disposer in charge is a duty

14  of reasonable supervision and not absolute liability. The

15  responsibility of the funeral director or direct disposer in

16  charge shall be in addition to the responsibility of the

17  preneed licensee for the conduct of the preneed sales agents

18  it employs.

19         Section 17.  Subsection (2) of section 497.169, Florida

20  Statutes, as renumbered and amended by section 39 of chapter

21  2004-301, Laws of Florida, is amended to read:

22         497.169  Private actions; actions on behalf of

23  consumers; attorney's fee.--

24         (2)  In any civil litigation resulting from a

25  transaction involving a violation of this chapter by a

26  cemetery company or burial rights broker licensed under part

27  II, a monument establishment licensed under part V, or a

28  preneed entity or preneed sales agent licensed under part IV,

29  the court may award to the prevailing party and against such

30  cemetery company, burial rights broker, monument

31  establishment, or preneed entity or sales agent, after

                                  51

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  judgment in the trial court and exhaustion of any appeal,

 2  reasonable attorney's fees and costs from the nonprevailing

 3  party in an amount to be determined by the trial court. Any

 4  award of attorney's fees or costs shall become a part of the

 5  judgment and shall be subject to execution as the law allows.

 6  This subsection shall not be applicable as against licenses

 7  licensed under part III or part VI.

 8         Section 18.  Section 497.171, Florida Statutes, is

 9  created to read:

10         497.171  Identification of human remains.--

11         (1)  PRIOR TO FINAL DISPOSITION.--

12         (a)  This subsection shall apply to licensees under

13  parts III and VI.

14         (b)  The licensee in charge of the final disposition of

15  dead human remains shall, prior to final disposition of such

16  dead human remains, affix on the ankle or wrist of the

17  deceased, and on the casket or alternative container or

18  cremation container, proper identification of the dead human

19  remains. The identification or tag shall be encased in or

20  consist of durable and long-lasting material containing the

21  name, date of birth, and date of death of the deceased, if

22  available. The board may adopt rules specifying acceptable

23  materials for such identification tags, and acceptable

24  locations for the tags on the casket or alternative container

25  or cremation container, and acceptable methods of affixing the

26  tags.

27         (c)  If the dead human remains are cremated, proper

28  identification shall be placed in the container or urn

29  containing the remains.

30         (d)  Any licensee responsible for removal of dead human

31  remains to any establishment, facility, or location shall

                                  52

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  ensure that the remains are identified by a tag or other means

 2  of identification that is affixed to the ankle or wrist of the

 3  deceased at the time the remains are removed from the place of

 4  death or other location.

 5         (2)  INTERMENT IN UNLICENSED CEMETERIES.--The

 6  identification of human remains interred in an unlicensed

 7  cemetery shall be the responsibility of the licensed funeral

 8  establishment in charge of the funeral arrangements for the

 9  deceased person. The licensed funeral establishment in charge

10  of the funeral arrangements for the interment in an unlicensed

11  cemetery of human remains shall place on the outer burial

12  container, cremation interment container, or other container

13  or on the inside of a crypt or niche a tag or permanent

14  identifying mark containing the name of the decedent and the

15  date of death, if available. The materials and locations of

16  the tag or mark shall be more specifically described by rule

17  of the licensing authority.

18         (3)  INTERMENT IN LICENSED CEMETERIES.--

19         (a)  This subsection shall apply to cemetery licensees

20  under part II.

21         (b)  As to interments in a licensed cemetery, each

22  licensed cemetery shall place on the outer burial container,

23  cremation interment container, or other container or on the

24  inside of a crypt or niche a tag or permanent identifying

25  marker containing the name of the decedent and the date of

26  death, if available. The materials and the location of the tag

27  or marker shall be more specifically described by rule of the

28  licensing authority.

29         (c)  Each licensed cemetery may rely entirely on the

30  identity stated on the burial transit permit or on the

31  identification supplied by a person licensed under this

                                  53

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  chapter to establish the identity of the dead human remains

 2  delivered by such person for burial and shall not be liable

 3  for any differences between the identity shown on the burial

 4  transit permit or identification and the actual identity of

 5  the dead human remains delivered by such person and buried in

 6  the cemetery.

 7         (4)  DIRECT DISPOSAL ESTABLISHMENTS.--Direct disposal

 8  establishments shall establish a system of identification of

 9  human remains received which shall be designed to track the

10  identity of the remains from the time of receipt until

11  delivery of the remains to the authorized persons. This is in

12  addition to the requirements for identification of human

13  remains set forth in subsection (1). A copy of the

14  identification procedures shall be available, upon request, to

15  the department and legally authorized persons.

16         (5)  RELIANCE ON LEGALLY AUTHORIZED PERSON.--Any

17  licensee charged with responsibility under this section may

18  rely on the representation of a legally authorized person to

19  establish the identity of dead human remains.

20         Section 19.  Paragraph (b) of subsection (6) of section

21  497.260, Florida Statutes, as renumbered and amended by

22  section 42 of chapter 2004-301, Laws of Florida, is amended to

23  read:

24         497.260  Cemeteries; exemption; investigation and

25  mediation.--

26         (6)(b)  No cemetery company or other legal entity

27  conducting or maintaining any public or private cemetery may

28  deny burial space to any person because of race, creed,

29  marital status, sex, national origin, or color. A cemetery

30  company or other entity operating any cemetery may designate

31  parts of cemeteries or burial grounds for the specific use of

                                  54

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  persons whose religious code requires isolation. Religious

 2  institution cemeteries may limit burials to members of the

 3  religious institution and their families.

 4         Section 20.  Paragraphs (b), (m), (o), and (q) of

 5  subsection (2) of section 497.263, Florida Statutes, as

 6  renumbered and amended by section 45 of chapter 2004-301, Laws

 7  of Florida, are amended to read:

 8         497.263  Cemetery companies; license required;

 9  licensure requirements and procedures.--

10         (2)  APPLICATION PROCEDURES.--

11         (b)  The applicant shall be a corporation, or a

12  partnership, or a limited liability company formed prior to

13  January 1, 2005, which limited liability company already holds

14  a license under this chapter.

15         (m)  The applicant shall be required to make disclosure

16  of the applicant's criminal records, if any, as required by s.

17  497.142. The application shall require the applicant to

18  disclose whether the applicant or any principal of the

19  applicant has ever been convicted or found guilty of, or

20  entered a plea of no contest to, regardless of adjudication,

21  any crime in any jurisdiction. The licensing authority may

22  require by rule additional information to be provided

23  concerning any affirmative answers.

24         (o)  The applicant shall submit fingerprints in

25  accordance with s. 497.142. The application shall require the

26  applicant and applicant's principals to provide fingerprints

27  in accordance with part I of this chapter.

28         (q)  The application shall be signed in accordance with

29  s. 497.141(12) by the president of the applicant.

30         Section 21.  Paragraphs (h), (j), and (l) of subsection

31  (2) of section 497.264, Florida Statutes, as renumbered and

                                  55

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  amended by chapter 2004-301, Laws of Florida, are amended to

 2  read:

 3         497.264  License not assignable or transferable.--

 4         (2)  Any person or entity that seeks to purchase or

 5  otherwise acquire control of any cemetery licensed under this

 6  chapter shall first apply to the licensing authority and

 7  obtain approval of such purchase or change in control.

 8         (h)  The applicant shall be required to make disclosure

 9  of applicant's criminal records, if any, as required by s.

10  497.142. The application shall require the applicant to

11  disclose whether the applicant or any principal of the

12  applicant has ever been convicted or found guilty of, or

13  entered a plea of no contest to, regardless of adjudication,

14  any crime in any jurisdiction. The licensing authority may

15  require by rule additional information to be provided

16  concerning any affirmative answers.

17         (j)  The applicant shall submit fingerprints in

18  accordance with s. 497.142. The application shall require the

19  applicant and the applicant's principals to provide

20  fingerprints in accordance with part I of this chapter.

21         (l)  The application shall be signed in accordance with

22  s. 497.141(12) by the applicant if a natural person, otherwise

23  by the president of the applicant.

24         Section 22.  Section 497.281, Florida Statutes, as

25  renumbered and amended by section 62 of chapter 2004-301, Laws

26  of Florida, is amended to read:

27         497.281  Licensure of brokers of burial rights.--

28         (1)  No person shall receive compensation to act as a

29  third party to the sale or transfer of three or more burial

30  rights in a 12-month period unless the person pays a license

31  fee as determined by licensing authority rule but not to

                                  56

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  exceed $250 and is licensed with the department as a burial

 2  rights broker in accordance with this section.

 3         (2)(a)  The applicant shall be required to make

 4  disclosure of the applicant's criminal records, if any, as

 5  required by s. 497.142.

 6         (b)  The application shall require the applicant to

 7  disclose whether the applicant or any principal of the

 8  applicant has ever had a license or the authority to practice

 9  a profession or occupation refused, suspended, fined, denied,

10  or otherwise acted against or disciplined by the licensing

11  authority of any jurisdiction. The licensing authority may

12  require by rule additional information to be provided

13  concerning any affirmative answers. A licensing authority's

14  acceptance of a relinquishment of licensure, stipulation,

15  consent order, or other settlement, offered in response to or

16  in anticipation of the filing of charges against the licensee,

17  shall be construed as action against the licensee. The

18  licensing authority may require by rule additional information

19  to be provided concerning any affirmative answers.

20         (c)  The applicant shall submit fingerprints in

21  accordance with s. 497.142. The application shall be signed in

22  accordance with s. 497.141(12).

23         (d)  The applicant shall demonstrate by clear and

24  convincing evidence that the applicant has the ability,

25  experience, and integrity to act as a burial broker and, if

26  the applicant is an entity, that the applicant's principals

27  are of good character.

28         (3)  The licensing authority shall by rule establish

29  requirements for minimum records to be maintained by licensees

30  under this section, for the purpose of preventing confusion

31  and error by the licensee or by the cemeteries in which the

                                  57

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  burial rights are located as to the status as sold or unsold,

 2  and the identity of the owner, of the burial rights and

 3  related interment spaces in the cemetery.

 4         (4)  The licensing authority may by rule require

 5  inspections of the records of licensees under this section.

 6         (5)(2)  The department, by rule, shall provide for the

 7  biennial renewal of licenses under this section and a renewal

 8  fee as determined by licensing authority rule but not to

 9  exceed $250.

10         (6)(3)  The licensure requirements of this section

11  shall not apply to persons otherwise licensed pursuant to this

12  chapter, but such persons, if they engage in activity as a

13  burial rights broker, shall be subject to rules relating to

14  required records and inspections.

15         (4)  The licensing authority may by rule specify

16  records of brokerage transactions which shall be required to

17  be maintained by burial rights brokers licensed under this

18  subsection, and which shall be subject to inspection by the

19  department.

20         Section 23.  Paragraph (c) of subsection (1) of section

21  497.368, Florida Statutes, as renumbered and amended by

22  section 73 of chapter 2004-301, Laws of Florida, is amended to

23  read:

24         497.368  Embalmers; licensure as an embalmer by

25  examination; provisional license.--

26         (1)  Any person desiring to be licensed as an embalmer

27  shall apply to the licensing authority to take the licensure

28  examination. The licensing authority shall examine each

29  applicant who has remitted an examination fee set by rule of

30  the licensing authority not to exceed $200 plus the actual per

31  

                                  58

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  applicant cost to the licensing authority for portions of the

 2  examination and who has:

 3         (c)  Made disclosure of applicant's criminal records,

 4  if any, as required by s. 497.142. The applicant shall submit

 5  fingerprints in accordance with s. 497.142. The applicant may

 6  not be licensed under this section unless the licensing

 7  authority determines the applicant is of good character and

 8  has no demonstrated history of lack of trustworthiness or

 9  integrity in business or professional matters. Had no

10  conviction or finding of guilt, regardless of adjudication,

11  for a crime which directly relates to the ability to practice

12  embalming or the practice of embalming.

13         Section 24.  Paragraph (d) is added to subsection (1)

14  of section 497.369, Florida Statutes, as renumbered and

15  amended by section 74 of chapter 2004-301, Laws of Florida, to

16  read:

17         497.369  Embalmers; licensure as an embalmer by

18  endorsement; licensure of a temporary embalmer.--

19         (1)  The licensing authority shall issue a license by

20  endorsement to practice embalming to an applicant who has

21  remitted an examination fee set by rule of the licensing

22  authority not to exceed $200 and who the licensing authority

23  certifies:

24         (d)  Has made disclosure of the applicant's criminal

25  records, if any, as required by s. 497.142. The applicant

26  shall submit fingerprints in accordance with s. 497.142. The

27  applicant may not be licensed under this section unless the

28  licensing authority determines the applicant is of good

29  character and has no demonstrated history of lack of

30  trustworthiness or integrity in business or professional

31  matters.

                                  59

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         Section 25.  Paragraph (c) of subsection (1) of section

 2  497.373, Florida Statutes, as renumbered and amended by

 3  section 78 of chapter 2004-301, Laws of Florida, is amended to

 4  read:

 5         497.373  Funeral directing; licensure as a funeral

 6  director by examination; provisional license.--

 7         (1)  Any person desiring to be licensed as a funeral

 8  director shall apply to the licensing authority to take the

 9  licensure examination. The licensing authority shall examine

10  each applicant who has remitted an examination fee set by rule

11  of the licensing authority not to exceed $200 plus the actual

12  per applicant cost to the licensing authority for portions of

13  the examination and who the licensing authority certifies has:

14         (c)  Made disclosure of the applicant's criminal

15  records, if any, as required by s. 497.142. The applicant

16  shall submit fingerprints in accordance with s. 497.142. The

17  applicant may not be licensed under this section unless the

18  licensing authority determines the applicant is of good

19  character and has no demonstrated history of lack of

20  trustworthiness or integrity in business or professional

21  matters. Had no conviction or finding of guilt, regardless of

22  adjudication, for a crime which directly relates to the

23  ability to practice funeral directing or the practice of

24  funeral directing.

25         Section 26.  Paragraph (d) is added to subsection (1)

26  of section 497.374, Florida Statutes, as renumbered and

27  amended by section 79 of chapter 2004-301, Laws of Florida, to

28  read:

29         497.374  Funeral directing; licensure as a funeral

30  director by endorsement; licensure of a temporary funeral

31  director.--

                                  60

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (1)  The licensing authority shall issue a license by

 2  endorsement to practice funeral directing to an applicant who

 3  has remitted a fee set by rule of the licensing authority not

 4  to exceed $200 and who:

 5         (d)  Has made disclosure of the applicant's criminal

 6  records, if any, as required by s. 497.142. The applicant

 7  shall submit fingerprints in accordance with s. 497.142. The

 8  applicant may not be licensed under this section unless the

 9  licensing authority determines the applicant is of good

10  character and has no demonstrated history of lack of

11  trustworthiness or integrity in business or professional

12  matters.

13         Section 27.  Subsection (1) of section 497.376, Florida

14  Statutes, as renumbered and amended by section 81 of chapter

15  2004-301, Laws of Florida, is amended to read:

16         497.376  License as funeral director and embalmer

17  permitted; display of license.--

18         (1)  Nothing in this chapter may be construed to

19  prohibit a person from holding a license as an embalmer and a

20  license as a funeral director at the same time. There may be

21  issued and renewed by the licensing authority a combination

22  license as both funeral director and embalmer to persons

23  meeting the separate requirements for both licenses as set

24  forth in this chapter. The licensing authority may adopt rules

25  providing procedures for applying for and renewing such

26  combination license. The licensing authority may by rule

27  establish application, renewal, and other fees for such

28  combination license, which fees shall not exceed the sum of

29  the maximum fees for the separate funeral director and

30  embalmer license categories as provided in this chapter.

31  Persons holding a combination license as a funeral director

                                  61

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  and embalmer shall be subject to regulation under this chapter

 2  both as a funeral director and an embalmer.

 3         Section 28.  Subsections (1), (4), and (12) of section

 4  497.380, Florida Statutes, as renumbered and amended by

 5  section 85 of chapter 2004-301, Laws of Florida, is amended to

 6  read:

 7         497.380  Funeral establishment; licensure.--

 8         (1)  A funeral establishment shall be a place at a

 9  specific street address or location consisting of at least

10  1,250 contiguous interior square feet and must maintain or

11  make arrangements for either capacity for the refrigeration

12  and storage of dead human bodies handled and stored by the

13  establishment and a preparation room equipped with necessary

14  ventilation and drainage and containing necessary instruments

15  for embalming dead human bodies or must make arrangements for

16  a preparation room as established by rule.

17         (4)  Application for a funeral establishment license

18  shall be made on forms and pursuant to procedures specified by

19  rule, shall be accompanied by a nonrefundable fee not to

20  exceed $300 as set by licensing authority rule, and shall

21  include the name of the licensed funeral director who is in

22  charge of that establishment. The applicant shall be required

23  to make disclosure of the applicant's criminal records, if

24  any, as required by s. 497.142. The applicant shall submit

25  fingerprints in accordance with s. 497.142. A duly completed

26  application accompanied by the required fees shall be approved

27  and the license issued if the proposed funeral establishment

28  has passed an inspection pursuant to rule of the licensing

29  authority, the licensing authority determines the applicant is

30  of good character and has no demonstrated history of lack of

31  trustworthiness or integrity in business or professional

                                  62

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  matters, and the applicant otherwise is in compliance with all

 2  applicable requirements of this chapter.

 3         (12)(a)  A change in ownership of a funeral

 4  establishment shall be promptly reported pursuant to

 5  procedures established by rule and shall require the

 6  relicensure of the funeral establishment, including

 7  reinspection and payment of applicable fees.

 8         (b)  A change in location of a funeral establishment

 9  shall be promptly reported to the licensing authority pursuant

10  to procedures established by rule. Operations by the licensee

11  at a new location may not commence until an inspection by the

12  licensing authority of the facilities, pursuant to rules of

13  the licensing authority, has been conducted and passed at the

14  new location.

15         Section 29.  Paragraphs (a) and (g) of subsection (1)

16  and paragraphs (a), (f), and (g) of subsection (2) of section

17  497.385, Florida Statutes, as renumbered and amended by

18  section 90 of chapter 2004-301, Laws of Florida, are amended,

19  and paragraph (i) is added to subsection (2) of that section,

20  to read:

21         497.385  Removal services; refrigeration facilities;

22  centralized embalming facilities.--In order to ensure that the

23  removal, refrigeration, and embalming of all dead human bodies

24  is conducted in a manner that properly protects the public's

25  health and safety, the licensing authority shall adopt rules

26  to provide for the licensure of removal services,

27  refrigeration facilities, and centralized embalming facilities

28  operated independently of funeral establishments, direct

29  disposal establishments, and cinerator facilities.

30         (1)  REMOVAL SERVICES AND REFRIGERATION SERVICES.--

31  

                                  63

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (a)  Application for licensure of a removal service or

 2  a refrigeration service shall be made using forms and

 3  procedures as specified by rule, shall be accompanied by a

 4  nonrefundable fee not to exceed $300 as set by licensing

 5  authority rule, and shall include the name of the business

 6  owner, manager in charge, business address, and copies of

 7  occupational and other local permits. The applicant shall be

 8  required to make disclosure of the applicant's criminal

 9  records, if any, as required by s. 497.142. The applicant

10  shall submit fingerprints in accordance with s. 497.142. A

11  duly completed application accompanied by the required fees

12  shall be approved and the license issued if the applicant has

13  passed an inspection pursuant to rule of the licensing

14  authority, the licensing authority determines the applicant is

15  of good character and has no demonstrated history of lack of

16  trustworthiness or integrity in business or professional

17  matters, and the applicant otherwise is in compliance with all

18  applicable requirements of this chapter.

19         (g)1.  A change in ownership shall be promptly reported

20  using forms and procedures specified by rule and may require

21  the relicensure of the licensee, including reinspection and

22  payment of applicable fees, as required by rule.

23         2.  A change in location shall be promptly reported to

24  the licensing authority pursuant to procedures established by

25  rule. Operations by the licensee at a new location may not

26  commence until an inspection by the licensing authority of the

27  facilities, pursuant to rules of the licensing authority, has

28  been conducted and passed at the new location.

29         (2)  CENTRALIZED EMBALMING FACILITIES.--In order to

30  ensure that all funeral establishments have access to

31  embalming facilities that comply with all applicable health

                                  64

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  and safety requirements, the licensing authority shall adopt

 2  rules to provide for the licensure and operation of

 3  centralized embalming facilities and shall require, at a

 4  minimum, the following:

 5         (a)  All centralized embalming facilities shall contain

 6  all of the equipment and meet all of the requirements that a

 7  preparation room located in a funeral establishment is

 8  required to meet, but such facilities shall not be required to

 9  comply with any of the other requirements for funeral

10  establishments, as set forth in s. 497.380. The licensing

11  authority may adopt rules establishing the equipment and other

12  requirements for operation of a centralized embalming facility

13  consistent with this paragraph.

14         (f)  Application for licensure of a centralized

15  embalming facility shall be made utilizing forms and

16  procedures prescribed by rule and shall be accompanied by a

17  nonrefundable fee not to exceed $300 as set by licensing

18  authority rule, and licensure shall be renewed biennially

19  pursuant to procedures and upon payment of a nonrefundable fee

20  not to exceed $300 as set by licensing authority rule. The

21  licensing authority may also establish by rule a late fee not

22  to exceed $50 per day. Any licensure not renewed within 30

23  days after the renewal date shall expire without further

24  action by the department. The applicant shall be required to

25  make disclosure of the applicant's criminal records, if any,

26  as required by s. 497.142. The applicant shall submit

27  fingerprints in accordance with s. 497.142. A duly completed

28  application accompanied by the required fees shall be approved

29  and the license issued if the applicant has passed an

30  inspection pursuant to rule of the licensing authority, the

31  licensing authority determines the applicant is of good

                                  65

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  character and has no demonstrated history of lack of

 2  trustworthiness or integrity in business or professional

 3  matters, and the applicant otherwise is in compliance with all

 4  applicable requirements of this chapter.

 5         (g)  The licensing authority shall set by rule an

 6  annual inspection fee not to exceed $300, payable upon

 7  application for licensure and upon renewal of such licensure.

 8  Centralized embalming facilities shall be subject to

 9  inspection before issuance of license and annually thereafter

10  and also upon change of location and during investigation of

11  any complaint. A centralized embalming facility shall notify

12  the licensing authority of any change in location. A change in

13  ownership shall be promptly reported to the licensing

14  authority and may require the relicensure of the licensee,

15  including reinspection and payment of applicable fees, as

16  required by rule. The licensing authority shall adopt rules

17  establishing inspection criteria and otherwise establishing

18  forms and procedures for the implementation of this paragraph.

19         (i)1.  A change in ownership shall be promptly reported

20  using forms and procedures specified by rule and may require

21  the relicensure of the licensee, including reinspection and

22  payment of applicable fees, as required by rule.

23         2.  A change in location shall be promptly reported to

24  the licensing authority pursuant to procedures established by

25  rule. Operations by the licensee at a new location may not

26  commence until an inspection by the licensing authority of the

27  facilities, pursuant to rules of the licensing authority, has

28  been conducted and passed at the new location.

29         Section 30.  Section 497.453, Florida Statutes, as

30  renumbered and amended by section 102 of chapter 2004-301,

31  Laws of Florida, is amended to read:

                                  66

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         497.453  Application for preneed license, procedures

 2  and criteria; renewal; reports.--

 3         (1)  PRENEED LICENSE APPLICATION PROCEDURES.--

 4         (a)  A person seeking a license to enter into preneed

 5  contracts shall apply for such licensure using forms

 6  prescribed by rule.

 7         (b)  The application shall require the name, business

 8  address, residence address, date and place of birth or

 9  incorporation, and business phone number of the applicant and

10  all principals of the applicant. The application shall require

11  the applicant's social security number, or, if the applicant

12  is an entity, its federal tax identification number.

13         (c)  The application may require information as to the

14  applicant's financial resources.

15         (d)  The application may require information as to the

16  educational and employment history of an individual applicant;

17  and as to applicants that are not natural persons, the

18  business and employment history of the applicant and

19  principals of the applicant.

20         (e)  The applicant shall be required to make disclosure

21  of the applicant's criminal records, if any, as required by s.

22  497.142. The application shall require the applicant to

23  disclose whether the applicant or any of the applicant's

24  principals have ever been convicted or found guilty of, or

25  entered a plea of no contest to, regardless of adjudication,

26  any crime in any jurisdiction.

27         (f)  The application shall require the applicant to

28  disclose whether the applicant or any of the applicant's

29  principals have ever had a license or the authority to

30  practice a profession or occupation refused, suspended, fined,

31  denied, or otherwise acted against or disciplined by the

                                  67

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  licensing authority of any jurisdiction. A licensing

 2  authority's acceptance of a relinquishment of licensure,

 3  stipulation, consent order, or other settlement, offered in

 4  response to or in anticipation of the filing of charges

 5  against the license, shall be construed as action against the

 6  license.

 7         (g)  The applicant shall submit fingerprints in

 8  accordance with s. 497.142. The application shall require the

 9  applicant and its principals to provide fingerprints in

10  accordance with part I of this chapter.

11         (h)  The application shall state the name and license

12  number of the funeral establishment, cemetery company, direct

13  disposal establishment, or monument establishment, under whose

14  license the preneed application is made.

15         (i)  The application shall state the types of preneed

16  contracts proposed to be written.

17         (j)  The application shall disclose the existence of

18  all preneed contracts for service or merchandise entered into

19  by the applicant, or by any other entity under common control

20  with the applicant, without or prior to authorization under

21  this section or predecessors to this section. As to each such

22  contract, the applicant shall disclose the name and address of

23  the contract purchaser, the status of the contract, and what

24  steps or measures the applicant has taken to ensure

25  performance of unfulfilled contracts, setting forth the

26  treatment and status of funds received from the customer in

27  regard to the contract, and stating the name and address of

28  any institution where such funds are deposited and the number

29  used by the institution to identify the account. With respect

30  to contracts entered into before January 1, 1983, an

31  application to issue or renew a preneed license may not be

                                  68

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  denied solely on the basis of such disclosure. The purchaser

 2  of any such contract may not be required to liquidate the

 3  account if such account was established before July 1, 1965.

 4  Information disclosed may be used by the licensing authority

 5  to notify the contract purchaser and the institution in which

 6  such funds are deposited should the holder of a preneed

 7  license be unable to fulfill the requirements of the contract.

 8         (k)  The application shall require the applicant to

 9  demonstrate that the applicant complies and will comply with

10  all requirements for preneed contract licensure under this

11  chapter.

12         (l)  The application may require any other information

13  considered necessary by the department or board to meet its

14  responsibilities under this chapter.

15         (m)  The application shall be sworn to and signed in

16  accordance with s. 497.141(12) by the applicant if a natural

17  person, or by the president of an applicant that is not a

18  natural person.

19         (n)  The application shall be accompanied by a

20  nonrefundable fee as determined by licensing authority rule

21  but not to exceed $500.

22         (2)  ACTION CONCERNING APPLICATIONS.--A duly completed

23  application for licensure under this section, accompanied by

24  the required fees, shall be approved and a license issued, if

25  the licensing authority determines that the following

26  conditions are met:

27         (a)  The application is made by a funeral

28  establishment, cemetery company, direct disposal

29  establishment, or monument establishment, or on behalf of one

30  of the preceding licensees by its agent in the case of a

31  

                                  69

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  corporate entity, licensed and in good standing under this

 2  chapter.

 3         (b)  The applicant meets net worth requirements

 4  specified by rule of the licensing authority.

 5         1.  The net worth required by rule to obtain or renew a

 6  preneed license and write and carry up to $100,000 in total

 7  retail value of outstanding preneed contracts shall not exceed

 8  $20,000. The board may specify higher net worth requirements

 9  by increments, for total retail value of outstanding preneed

10  contracts carried in excess of $100,000, as the board

11  determines necessary for the protection of the public.

12         2.  An applicant to obtain or renew a preneed licensee

13  that cannot demonstrate the required initial minimum net worth

14  may voluntarily submit to the licensing authority and request

15  acceptance of alternative evidence of financial stability and

16  resources or agree to additional oversight in lieu of the

17  required net worth. Such additional evidence or oversight may

18  include, as appropriate, one or more of the following:

19         a.  An agreement to submit monthly financial statements

20  of the entity.

21         b.  An agreement to submit quarterly financial

22  statements of the entity.

23         c.  An appraisal of the entity's property or broker's

24  opinion of the entity's assets.

25         d.  A credit report of the entity or its principals.

26         e.  A subordination-of-debt agreement from the entity's

27  principals.

28         f.  An indemnification or subrogation agreement binding

29  the entity and its principals.

30         g.  A guarantee agreement for the entity from its

31  principals.

                                  70

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         h.  A written explanation of past financial activity.

 2         i.  Submission of a 12-month projected business plan

 3  that includes:

 4         (I)  A statement of cash flows.

 5         (II)  Pro forma income statements, with sources of

 6  revenues identified.

 7         (III)  Marketing initiatives.

 8         j.  Submission of previous department examination

 9  reports.

10         k.  An agreement of 100 percent voluntary trust by the

11  entity.

12         3.  The licensing authority may accept such alternative

13  evidence or arrangements in lieu of the required net worth

14  only if the licensing authority determines such alternative

15  evidence or arrangements are an adequate substitute for

16  required net worth and that acceptance would not substantially

17  increase the risk to existing or future customers of

18  nonperformance by the applicant or licensee on its retail

19  sales agreements.

20         (c)  The applicant has and will have the ability to

21  discharge her or his liabilities as they become due in the

22  normal course of business, and has and will have sufficient

23  funds available during the calendar year to perform her or his

24  obligations under her or his contracts.

25         (d)  If the applicant or any entity under common

26  control with the applicant has entered into preneed contracts

27  prior to being authorized to do so under the laws of this

28  state:

29         1.  The licensing authority determines that adequate

30  provision has been made to ensure the performance of such

31  contracts.

                                  71

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         2.  The licensing authority determines that the

 2  improper sale of such preneed contracts prior to authorization

 3  under this chapter does not indicate, under the facts of the

 4  particular application in issue, that the applicant has a

 5  disregard of the laws of this state such as would expose the

 6  public to unreasonable risk if the applicant were issued a

 7  preneed license.

 8         3.  Nothing in this section shall imply any

 9  authorization to enter into preneed contracts without

10  authorization under this chapter.

11         (e)  Neither the applicant nor the applicant's

12  principals have a demonstrated history of conducting their

13  business affairs to the detriment of the public.

14         (f)  The applicant and the applicant's principals are

15  of good character and have no demonstrated history of lack of

16  trustworthiness or integrity in business or professional

17  matters.

18         (g)  The applicant does and will comply with all other

19  requirements of this chapter relating to preneed licensure.

20         (3)  ISSUANCE OF LICENSES ON PROBATIONARY STATUS.--It

21  is the policy of this state to encourage competition for the

22  public benefit in the preneed contract business by, among

23  other means, the entry of new licensees into that business. To

24  facilitate issuance of licenses concerning applications judged

25  by the licensing authority to be borderline as to

26  qualification for licensure, the licensing authority may issue

27  a new license under this section on a probationary basis,

28  subject to conditions specified by the licensing authority on

29  a case-by-case basis, which conditions may impose special

30  monitoring, reporting, and restrictions on operations for up

31  to the first 12 months of licensure, to ensure the licensee's

                                  72

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  responsibleness, competency, financial stability, and

 2  compliance with this chapter. Provided, no such probationary

 3  license shall be issued unless the licensing authority

 4  determines that issuance would not pose an unreasonable risk

 5  to the public, and the licensing authority must within 12

 6  months after issuance of the license either remove the

 7  probationary status or determine that the licensee is not

 8  qualified for licensure under this chapter and institute

 9  proceedings for revocation of licensure.

10         (4)  CHANGE IN CONTROL SUBSEQUENT TO LICENSURE.--

11         (a)  Each licensee under this section must provide

12  notice as required by rule prior to any change in control of

13  the licensee. Any such change is subject to disapproval or to

14  reasonable conditions imposed by the licensing authority, for

15  the protection of the public to ensure compliance with this

16  chapter, based upon criteria established by rule, which

17  criteria shall promote the purposes of this part in protecting

18  the consumer.

19         (b)  The licensing authority may authorize the transfer

20  of a preneed license and establish by rule a fee for the

21  transfer in an amount not to exceed $500. Upon receipt of an

22  application for transfer, the executive director may grant a

23  temporary preneed license to the proposed transferee, based

24  upon criteria established by the licensing authority by rule,

25  which criteria shall promote the purposes of this chapter in

26  protecting the consumer. Such a temporary preneed license

27  shall expire at the conclusion of the next regular meeting of

28  the board unless renewed by the board. The licensing authority

29  may by rule establish forms and procedures for the

30  implementation of this paragraph.

31         (5)  RENEWAL OF LICENSES.--

                                  73

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (a)  A preneed license shall expire annually on June 1,

 2  unless renewed, or at such other time or times as may be

 3  provided by rule. The application for renewal of the license

 4  shall be on forms prescribed by rule and shall be accompanied

 5  by a renewal fee as specified in paragraph (c).

 6         (b)  Within 3 months after the end of its fiscal

 7  period, or within an extension of time therefor, as the

 8  department for good cause may grant, the licensee shall file

 9  with the department a full and true statement of her or his

10  financial condition, transactions, and affairs, prepared on a

11  basis as adopted by rule, as of the end of the preceding

12  fiscal period or at such other time or times as may be

13  required by rule, together with such other information and

14  data which may be required by rule. To facilitate uniformity

15  in financial statements and to facilitate department analysis,

16  there may be adopted by rule a form for financial statements.

17  The rules regarding net worth, authorized by paragraph (2)(b),

18  shall be applicable to the renewal of preneed licenses.

19         (c)1.  Each annual application for renewal of a preneed

20  license that is not held by a monument establishment shall be

21  accompanied by the appropriate fee as follows:

22         a.1.  For a preneed licensee with no preneed contract

23  sales during the immediately preceding year..............$300.

24         b.2.  For a preneed licensee with at least 1 but fewer

25  than 50 preneed contract sales during the immediately

26  preceding year...........................................$400.

27         c.3.  For a preneed licensee with at least 50 but fewer

28  than 250 preneed contract sales during the immediately

29  preceding year...........................................$500.

30  

31  

                                  74

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         d.4.  For a preneed licensee with at least 250 but

 2  fewer than 1,000 preneed contract sales during the immediately

 3  preceding year...........................................$850.

 4         e.5.  For a preneed licensee with at least 1,000 but

 5  fewer than 2,500 preneed contract sales during the immediately

 6  preceding year.........................................$1,500.

 7         f.6.  For a preneed licensee with at least 2,500 but

 8  fewer than 5,000 preneed contract sales during the immediately

 9  preceding year.........................................$2,500.

10         g.7.  For a preneed licensee with at least 5,000 but

11  fewer than 15,000 preneed contract sales during the

12  immediately preceding year.............................$6,000.

13         h.8.  For a preneed licensee with at least 15,000 but

14  fewer than 30,000 preneed contract sales during the

15  immediately preceding year............................$12,500.

16         i.9.  For a preneed licensee with 30,000 preneed

17  contract sales or more during the immediately preceding year

18  ......................................................$18,500.

19         2.  Each annual application for renewal of a preneed

20  license that is held by a monument establishment shall be

21  accompanied by the appropriate fee determined by its total

22  gross aggregate at-need and preneed retail sales for the

23  12-month period ending 2 full calendar months prior to the

24  month in which the renewal is required, as follows:

25         a.  Total sales of $1 to $50,000, renewal fee $1,000.

26         b.  Total sales of $50,001 to $250,000, renewal fee

27  $1,500.

28         c.  Total sales of $250,001 to $500,000, renewal fee

29  $2,000.

30         d.  Total sales over $500,000, renewal fee $2,500.

31  

                                  75

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (d)  An application for renewal shall disclose the

 2  existence of all preneed contracts for service or merchandise

 3  funded by any method other than a method permitted by this

 4  chapter, which contracts are known to the applicant and were

 5  entered into by the applicant, or any other entity under

 6  common control with the applicant, during the annual license

 7  period then ending. Such disclosure shall include the name and

 8  address of the contract purchaser, the name and address of the

 9  institution where such funds are deposited, and the number

10  used by the institution to identify the account.

11         (e)  In addition to any other penalty that may be

12  provided for under this chapter, there may be levied a late

13  fee as determined by licensing authority rule but not to

14  exceed $50 a day for each day the preneed licensee fails to

15  file its annual statement, and there may be levied a late fee

16  as determined by licensing authority rule but not to exceed

17  $50 a day for each day the preneed licensee fails to file the

18  statement of activities of the trust. Upon notice to the

19  preneed licensee by the department that the preneed licensee

20  has failed to file the annual statement or the statement of

21  activities of the trust, the preneed licensee's authority to

22  sell preneed contracts shall cease while such default

23  continues.

24         (6)  QUARTERLY PAYMENTS.--In addition to other amounts

25  required to be paid by this section, each preneed licensee

26  shall pay to the Regulatory Trust Fund an amount established

27  by rule not to exceed $10 for each preneed contract entered

28  into. This amount must be paid within 60 days after the end of

29  each quarter. These funds must be used to defray the cost of

30  administering the provisions of this part.

31         (7)  BRANCH OPERATIONS AND LICENSURE.--

                                  76

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (a)  Any person or entity that is part of a common

 2  business enterprise that has a preneed license issued pursuant

 3  to this section and desires to operate under a name other than

 4  that of the common business enterprise, may submit an

 5  application on a form adopted by rule to become a branch

 6  licensee. The application shall be accompanied by an

 7  application fee as determined by licensing authority rule but

 8  not to exceed $300.

 9         (b)  Upon a determination that such branch applicant

10  qualifies to sell preneed contracts under this part except for

11  the requirements of paragraph (2)(c), and if the sponsoring

12  preneed licensee under whose preneed license the branch

13  applicant seeks branch status meets the requirements of such

14  paragraph and is in compliance with all requirements of this

15  part regarding its preneed license and operations thereunder,

16  a branch license shall be issued.

17         (c)  Branch licenses shall be renewed annually by

18  payment of a renewal fee set by licensing authority rule and

19  not to exceed $300. Branch licenses may be renewed only so

20  long as the preneed license of the sponsoring preneed licensee

21  remains in good standing.

22         (d)  Violations of this part by the branch shall be

23  deemed to be violations of this part by its sponsoring preneed

24  licensee, unless the licensing authority determines that

25  extenuating circumstances indicate that it would be unjust to

26  attribute the branch's misconduct to the sponsoring preneed

27  licensee. Preneed sales of the branch shall be deemed to be

28  sales of the sponsoring licensee for purposes of renewal fees

29  and trust requirements under this chapter.

30         (e)  The sponsoring preneed licensee shall be

31  responsible for performance of preneed contracts entered into

                                  77

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  by its branch if the branch does not timely fulfill any such

 2  contract.

 3         (8)  ANNUAL TRUST REPORTS.--On or before April 1 of

 4  each year, the preneed licensee shall file in the form

 5  prescribed by rule a full and true statement as to the

 6  activities of any trust established by it pursuant to this

 7  part for the preceding calendar year.

 8         (9)  DEPOSIT OF FUNDS.--All sums collected under this

 9  section shall be deposited to the credit of the Regulatory

10  Trust Fund.

11         Section 31.  Subsection (6) of section 497.456, Florida

12  Statutes, as renumbered and amended by section 105 of chapter

13  2004-301, Laws of Florida, is amended to read:

14         497.456  Preneed Funeral Contract Consumer Protection

15  Trust Fund.--

16         (6)  Upon the commencement of a delinquency proceeding

17  pursuant to this chapter against a preneed licensee, the

18  licensing authority may use up to 50 percent of the balance of

19  the trust fund not already committed to a prior delinquency

20  proceeding solely for the purpose of establishing a

21  receivership and providing restitution to preneed contract

22  purchasers and their estates due to a preneed licensee's

23  failure to provide the benefits of a preneed contract or

24  failure to refund the appropriate principal amount by reason

25  of cancellation thereof. The balance of the trust fund shall

26  be determined as of the date of the delinquency proceeding.

27         Section 32.  Paragraph (h) of subsection (1) and

28  subsection (4) of section 497.458, Florida Statutes, as

29  renumbered and amended by section 107 of chapter 2004-301,

30  Laws of Florida, are amended to read:

31  

                                  78

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         497.458  Disposition of proceeds received on

 2  contracts.--

 3         (1)

 4         (h)  In no event may trust funds be loaned, directly or

 5  indirectly, to any of the following persons: the preneed

 6  licensee; any entity under any degree of common control with

 7  the preneed licensee; any employee, director, full or partial

 8  owner, or principal of the preneed licensee; or any person

 9  related by blood or marriage to any of those persons. In no

10  event may trust funds, directly or indirectly, be invested in

11  or with, or loaned to, any business or business venture in

12  which any of the following persons have an interest: the

13  preneed licensee, any entity under any degree of common

14  control with the preneed licensee, any employee, director,

15  full or partial owner, or principal of the preneed licensee,

16  or any person related by blood or marriage to any of those

17  persons. In no event may said funds be loaned to a preneed

18  licensee, an affiliate of a preneed licensee, or any person

19  directly or indirectly engaged in the burial, funeral home, or

20  cemetery business.

21         (4)(a)  Trust funds shall not be invested in or loaned

22  to or for the benefit of any business venture in which the

23  preneed licensee, its principals, or persons related by blood

24  or marriage to the licensee or its principals, have a direct

25  or indirect interest, without the prior approval of the

26  licensing authority.

27         (b)  Trust funds shall not be loaned to or for the

28  benefit of the preneed licensee, its principals, or persons

29  related by blood or marriage to the licensee or its

30  principals, without the prior approval of the licensing

31  authority.

                                  79

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (c)  No approval of such loans or investments shall be

 2  given unless it be shown by clear and convincing evidence that

 3  such loan or investment would be in the interest of the

 4  preneed contract holders whose contracts are secured by the

 5  trust funds.

 6         (d)  The licensing authority may adopt rules exempting

 7  from the prohibition of paragraph (1)(h) this subsection,

 8  pursuant to criteria established in such rule, the investment

 9  of trust funds in investments, such as widely and publicly

10  traded stocks and bonds, notwithstanding that the licensee,

11  its principals, or persons related by blood or marriage to the

12  licensee or its principals have an interest by investment in

13  the same entity, where neither the licensee, its principals,

14  or persons related by blood or marriage to the licensee or its

15  principals have the ability to control the entity invested in,

16  and it would be in the interest of the preneed contract

17  holders whose contracts are secured by the trust funds to

18  allow the investment.

19         Section 33.  Paragraphs (d) and (h) of subsection (2)

20  and subsection (5) of section 497.466, Florida Statutes, as

21  renumbered and amended by section 115 of chapter 2004-301,

22  Laws of Florida, are amended to read:

23         497.466  Preneed sales agents, license required;

24  application procedures and criteria; responsibility of preneed

25  licensee.--

26         (2)  APPLICATION PROCEDURES.--

27         (d)  The applicant shall be required to make disclosure

28  of the applicant's criminal records, if any, as required by s.

29  497.142. The application shall require the preneed sales agent

30  applicant to disclose whether the preneed sales agent

31  applicant has ever been convicted or found guilty of, or

                                  80

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  entered a plea of no contest to, regardless of adjudication,

 2  any crime in any jurisdiction.

 3         (h)  The applicant shall submit fingerprints in

 4  accordance with s. 497.142. The applicant shall be required to

 5  submit her or his fingerprints in accordance with part I of

 6  this chapter.

 7         (5)  SIMPLIFIED PROCEDURES FOR SUBSEQUENT CHANGE OF

 8  SPONSORING LICENSEE.--The board may by rule establish

 9  simplified requirements and procedures under which any preneed

10  sales agent, who within the 12 months preceding application

11  under this subsection held in good standing a preneed sales

12  agent license under this section, may obtain a preneed sales

13  agent's license under this section to represent a different

14  sponsoring preneed licensee. If the applicant has previously

15  submitted fingerprints to the department pursuant to s.

16  497.142, the simplified requirements shall dispense with the

17  requirement for another submission of fingerprints by the

18  applicant. The licensing authority may by rule prescribe forms

19  to be used by applicants under this subsection, which forms

20  may dispense with the requirement for any information not

21  deemed by the licensing authority to be necessary to tracking

22  the identity of the preneed licensee responsible for the

23  activities of the preneed sales agent. No preneed sales agent

24  licensee whose sales agent license issued by the board was

25  revoked or suspended or otherwise terminated while in other

26  than good standing, shall be eligible to use the simplified

27  requirements and procedures. The issuance of a preneed sales

28  agent license under this subsection shall not operate as a bar

29  to any subsequent disciplinary action relating to grounds

30  arising prior to obtaining the license under this subsection.

31  There shall be a fee payable to the department under such

                                  81

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  simplified procedures, which fee shall be the same as the fee

 2  paid upon initial application for a preneed sales agent

 3  license, except that no fingerprint fee shall be required if

 4  such fingerprint fee is required for initial applications.

 5         Section 34.  Section 497.468, Florida Statutes, is

 6  created to read:

 7         497.468  Disclosure of information to the public.--A

 8  preneed licensee offering to provide burial rights,

 9  merchandise, or services to the public shall:

10         (1)  Provide by telephone, upon request, accurate

11  information regarding the retail prices of burial merchandise

12  and services offered for sale by the licensee.

13         (2)  Fully disclose all regularly offered services and

14  merchandise prior to the selection of burial services or

15  merchandise. The full disclosure required shall identify the

16  prices of all burial rights, services, and merchandise

17  provided by the licensee.

18         (3)  Not make any false or misleading statements of the

19  legal requirement as to the necessity of a casket or outer

20  burial container.

21         (4)  Provide a good faith estimate of all fees and

22  costs the customer will incur to use any burial rights,

23  merchandise, or services purchased.

24         (5)  Provide to the customer, upon the purchase of any

25  burial right, merchandise, or service, a written contract, the

26  form of which has been approved by the licensing authority

27  pursuant to procedures specified by rule.

28         (a)  The written contract shall be completed as to all

29  essential provisions prior to the signing of the contract by

30  the customer.

31  

                                  82

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (b)  The written contract shall provide an itemization

 2  of the amounts charged for all services, merchandise, and

 3  fees, which itemization shall be clearly and conspicuously

 4  segregated from everything else on the written contract.

 5         (c)  A description of the merchandise covered by the

 6  contract to include, when applicable, model, manufacturer, and

 7  other relevant specifications.

 8         (6)  Provide the licensee's policy on cancellation and

 9  refunds to each customer.

10         (7)  In a manner established by rule of the licensing

11  authority, provide on the signature page, clearly and

12  conspicuously in boldfaced 10-point type or larger, the

13  following:

14         (a)  The words "purchase price."

15         (b)  The amount to be trusted.

16         (c)  The amount to be refunded upon contract

17  cancellation.

18         (d)  The amounts allocated to merchandise, services,

19  and cash advances.

20         (e)  The toll-free number of the department which is

21  available for questions or complaints.

22         (f)  A statement that the purchaser shall have 30 days

23  from the date of execution of contract to cancel the contract

24  and receive a total refund of all moneys paid for items not

25  used.

26         (8)  Effective October 1, 2006, display in its offices

27  for free distribution to all potential customers, and provide

28  to all customers at the time of sale, a brochure explaining

29  how and by whom preneed sales are regulated, summarizing

30  consumer rights under the law, and providing the name,

31  address, and phone number of the department's consumer affairs

                                  83

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  division. The format and content of the brochure shall be as

 2  prescribed by rule. The licensing authority may cause the

 3  publication of such brochures and by rule establish

 4  requirements that preneed licensees purchase and make

 5  available such brochures as so published, in the licensee's

 6  offices, to all potential customers.

 7         (9)  Provide to each customer a complete description of

 8  any monument, marker, or memorialization to be placed at the

 9  gravesite pursuant to the preneed contract.

10         Section 35.  Paragraphs (c), (e), (f), and (h) of

11  subsection (2) of section 497.550, Florida Statutes, as

12  renumbered and amended by section 118 of chapter 2004-301,

13  Laws of Florida, are amended, and paragraph (j) is added to

14  subsection (2) of that section, to read:

15         497.550  Licensure of monument establishments required;

16  procedures and criteria.--

17         (2)  APPLICATION PROCEDURES.--A person seeking

18  licensure as a monument establishment shall apply for such

19  licensure using forms prescribed by rule.

20         (c)  The applicant shall be required to make disclosure

21  of the applicant's criminal records, if any, as required by s.

22  497.142. The application shall require the applicant to

23  disclose whether the applicant or any of its principals have

24  ever been convicted or found guilty of, or entered a plea of

25  no contest to, regardless of adjudication, any crime in any

26  jurisdiction.

27         (e)  The applicant shall submit fingerprints in

28  accordance with s. 497.142. The application shall require the

29  applicant's principals to provide fingerprints in accordance

30  with part I of this chapter.

31  

                                  84

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (f)  The applicant shall be a natural person at least

 2  18 years of age, a corporation, a partnership, or a limited

 3  liability company formed prior to January 1, 2005, which

 4  limited liability company already holds a license under this

 5  chapter.

 6         (h)  The application shall be signed in accordance with

 7  s. 497.141(12) by the applicant if a natural person, or by the

 8  president of an applicant that is a corporation.

 9         (j)  Upon receipt of the application and application

10  fee, the licensing authority shall inspect the proposed

11  monument establishment facilities in accordance with rules of

12  the licensing authority.

13         Section 36.  Section 497.551, Florida Statutes, as

14  created by chapter 2004-301, Laws of Florida, is amended to

15  read:

16         497.551  Renewal of monument establishment licensure.--

17         (1)  A monument establishment license must be renewed

18  biennially by the licensee.

19         (2)  A monument establishment licensee that does not

20  hold a preneed sales license as of 90 days prior to the date

21  its monument establishment license renewal is due, shall renew

22  its monument establishment license by payment of a renewal fee

23  established by rule not to exceed $250.

24         (3)  A monument establishment licensee which as of 90

25  days prior to its monument establishment license renewal date

26  also holds a preneed sales license issued under this chapter,

27  shall renew its monument establishment license by payment of a

28  renewal fee determined by its total gross aggregate at-need

29  and preneed retail sales for the 12-month period ending 2 full

30  calendar months prior to the month in which the renewal is

31  required, as follows:

                                  85

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (a)  Total sales of $1 to $50,000, renewal fee $1,000.

 2         (b)  Total sales of $50,001 to $250,000, renewal fee

 3  $1,500.

 4         (c)  Total sales of $250,001 to $500,000, renewal fee

 5  $2,000.

 6         (d)  Total sales over $500,000, renewal fee $2,500.

 7         (3)(4)  Rules may be adopted providing procedures,

 8  forms, and uniform timeframes for monument establishment

 9  license renewals.

10         Section 37.  Subsection (4) of section 497.552, Florida

11  Statutes, as created by chapter 2004-301, Laws of Florida, is

12  amended to read:

13         497.552  Required facilities.--Effective January 1,

14  2006, a monument establishment shall at all times have and

15  maintain a full-service place of business at a specific street

16  address or location in Florida complying with the following

17  requirements:

18         (4)  It shall have facilities on site for inscribing

19  monuments and equipment to deliver and install markers and

20  monuments.

21         Section 38.  Subsection (5) of section 497.553, Florida

22  Statutes, as created by chapter 2004-301, Laws of Florida, is

23  amended, and subsection (6) is added to that section, to read:

24         497.553  Regulation of monument establishments.--

25         (5)  Commencing January 1, 2006, the failure of a

26  monument establishment to deliver and install a purchased

27  monument or marker by the date agreed in the sales agreement

28  shall entitle the customer to a full refund of all amounts

29  paid by the customer for the monument and its delivery and

30  installation, unless the monument establishment has obtained a

31  written agreement from the customer extending the delivery

                                  86

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  date. Such refund shall be made within 30 days after receipt

 2  by the monument establishment of the customer's written

 3  request for a refund. This subsection does not preclude the

 4  purchase and installation of a new monument from any other

 5  registered monument establishment or preneed sales licensee.

 6         (6)(a)  A change in ownership shall be promptly

 7  reported using forms and procedures specified by rule and may

 8  require the relicensure of the licensee, including

 9  reinspection and payment of applicable fees, as required by

10  rule.

11         (b)  A change in location shall be promptly reported to

12  the licensing authority pursuant to procedures established by

13  rule. Operations by the licensee at a new location may not

14  commence until an inspection by the licensing authority of the

15  facilities, pursuant to rules of the licensing authority, has

16  been conducted and passed at the new location.

17         Section 39.  Paragraph (b) of subsection (2) and

18  subsection (4) of section 497.554, Florida Statutes, as

19  created by chapter 2004-301, Laws of Florida, are amended, and

20  subsection (7) is added to that section, to read:

21         497.554  Monument establishment sales

22  representatives.--

23         (2)  APPLICATION PROCEDURES.--Licensure as a monument

24  establishment sales agent shall be by submission of an

25  application for licensure to the department on a form

26  prescribed by rule.

27         (b)  The applicant shall be required to make disclosure

28  of the applicant's criminal records, if any, as required by s.

29  497.142. The applicant shall submit fingerprints in accordance

30  with s. 497.142. The application shall require the applicant

31  to disclose whether the applicant has ever been convicted or

                                  87

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  found guilty of, or entered a plea of no contest to,

 2  regardless of adjudication, any crime in any jurisdiction.

 3         (4)  RENEWAL; TERMINATION OF AUTHORITY.--

 4         (a)  A monument establishment sales agent license under

 5  this section shall be renewed upon payment of a fee determined

 6  by rule of the licensing authority but not to exceed $250.

 7  Once issued, a monument establishment sales agent license of

 8  an agent not licensed to make preneed sales shall remain in

 9  effect without renewal until surrendered, or the sponsoring

10  monument establishment terminates the agent's authority to

11  sell on behalf of that monument establishment, or the license

12  is revoked or suspended by the licensing authority for cause.

13         (b)  The monument establishment whose officer signed

14  the sales agent application shall terminate that agent's

15  authority to sell on behalf of that monument establishment,

16  and the monument establishment in writing shall advise the

17  licensing authority of such termination within 30 days after

18  the termination.

19         (7)  EFFECTIVE DATE.--The provisions of this section

20  shall be effective October 1, 2006.

21         Section 40.  Section 497.555, Florida Statutes, as

22  created by chapter 2004-301, Laws of Florida, is amended to

23  read:

24         497.555  Required rules.--Rules shall be adopted

25  establishing minimum standards for access to all cemeteries by

26  licensed monument establishments for the purpose of delivering

27  and installing markers and monuments. In all cases, cemeteries

28  and monument establishments must comply with these minimum

29  standards.

30         Section 41.  Paragraphs (d) and (f) of subsection (2)

31  of section 497.602, Florida Statutes, as renumbered and

                                  88

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  amended by section 127 of chapter 2004-301, Laws of Florida,

 2  are amended to read:

 3         497.602  Direct disposers, license required; licensing

 4  procedures and criteria; regulation.--

 5         (2)  APPLICATION PROCEDURES.--

 6         (d)  The applicant shall be required to make disclosure

 7  of the applicant's criminal records, if any, as required by s.

 8  497.142. The application shall require the applicant to

 9  disclose whether the applicant has ever been convicted or

10  found guilty of, or entered a plea of no contest to,

11  regardless of adjudication, any crime in any jurisdiction.

12         (f)  The applicant shall submit fingerprints in

13  accordance with s. 497.142. The application shall require the

14  applicant to provide fingerprints in accordance with part I of

15  this chapter.

16         Section 42.  Paragraphs (f), (h), and (j) of subsection

17  (2), paragraphs (a) and (b) of subsection (3), and subsection

18  (7) of section 497.604, Florida Statutes, as renumbered and

19  amended by section 129 of chapter 2004-301, Laws of Florida,

20  are amended, and paragraph (f) is added to subsection (9) of

21  that section, to read:

22         497.604  Direct disposal establishments, license

23  required; licensing procedures and criteria; license renewal;

24  regulation.--

25         (2)  APPLICATION PROCEDURES.--

26         (f)  The applicant shall be required to make disclosure

27  of the applicant's criminal records, if any, as required by s.

28  497.142. The application shall require the applicant to

29  disclose whether the applicant or any of the applicant's

30  principals including its proposed supervising licensee has

31  ever been convicted or found guilty of, or entered a plea of

                                  89

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  no contest to, regardless of adjudication, any crime in any

 2  jurisdiction.

 3         (h)  The applicant shall submit fingerprints in

 4  accordance with s. 497.142. The application shall require the

 5  applicant and its principals to provide fingerprints in

 6  accordance with part I of this chapter.

 7         (j)  The application shall be signed in accordance with

 8  s. 497.141(12) by the applicant if a natural person or by the

 9  president of an applicant that is not a natural person.

10         (3)  ACTION CONCERNING APPLICATIONS.--A duly completed

11  application for licensure under this section, accompanied by

12  the required fee, shall be approved if the licensing authority

13  determines that the following conditions are met:

14         (a)  The applicant is a natural person at least 18

15  years of age, a corporation, a partnership, or a limited

16  liability company formed prior to January 1, 2006, which

17  limited liability company already holds a license under this

18  chapter.

19         (b)  The applicant does or will prior to commencing

20  operations under the license comply with all requirements of

21  this chapter relating to the license applied for. The

22  applicant shall have passed an inspection prior to issuance of

23  a license under this section, in accordance with rules of the

24  licensing authority.

25         (7)  CHANGES SUBSEQUENT TO LICENSURE.--Each licensee

26  under this section must provide notice as required by rule

27  prior to any change in location or control of the licensee or

28  licensed person in charge of the licensee's operations. A

29  change in control is subject to approval by the licensing

30  authority, and to reasonable conditions imposed by the

31  licensing authority, for the protection of the public to

                                  90

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  ensure compliance with this chapter. Operations by the

 2  licensee at a new location may not commence until an

 3  inspection by the licensing authority of the facilities at the

 4  new location, pursuant to rules of the licensing authority,

 5  has been conducted and passed. Each licensee under this

 6  section must provide notice as required by rule prior to any

 7  change in location or control of the licensee or licensed

 8  person in charge of the licensee's operations. Any such change

 9  is subject to disapproval or to reasonable conditions imposed

10  by the licensing authority, for the protection of the public

11  to ensure compliance with this chapter.

12         (9)  REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.--

13         (f)  A direct disposal establishment shall retain all

14  signed contracts for a period of at least 2 years.

15         Section 43.  Paragraphs (f), (h), and (j) of subsection

16  (2), paragraph (b) of subsection (3), subsection (7), and

17  paragraphs (i), (j), and (k) of subsection (9) of section

18  497.606, Florida Statutes, as renumbered and amended by

19  section 131 of chapter 2004-301, Laws of Florida, are amended

20  to read:

21         497.606  Cinerator facility, licensure required;

22  licensing procedures and criteria; license renewal;

23  regulation.--

24         (2)  APPLICATION PROCEDURES.--

25         (f)  The applicant shall be required to make disclosure

26  of the applicant's criminal records, if any, as required by s.

27  497.142. The application shall require the applicant to

28  disclose whether the applicant or any of the applicant's

29  principals including its proposed supervising licensee has

30  ever been convicted or found guilty of, or entered a plea of

31  

                                  91

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  no contest to, regardless of adjudication, any crime in any

 2  jurisdiction.

 3         (h)  The applicant shall submit fingerprints in

 4  accordance with s. 497.142. The application shall require the

 5  applicant and its principals to provide fingerprints in

 6  accordance with part I of this chapter.

 7         (j)  The application shall be signed in accordance with

 8  s. 497.141(12) by the applicant if a natural person or by the

 9  president of an applicant that is not a natural person.

10         (3)  ACTION CONCERNING APPLICATIONS.--A duly completed

11  application for licensure under this section, accompanied by

12  the required fee, shall be approved if the licensing authority

13  determines that the following conditions are met:

14         (b)  The applicant is a natural person at least 18

15  years of age, a corporation, a partnership, or a limited

16  liability company formed prior to January 1, 2006, which

17  limited liability company already holds a license under this

18  chapter.

19         (7)  CHANGES SUBSEQUENT TO LICENSURE.--Each licensee

20  under this section must provide notice as required by rule

21  prior to any change in location or, control of the licensee,

22  or licensed person in charge of the licensee's operations. A

23  change in control is subject to approval by the licensing

24  authority, and to reasonable conditions Any such change is

25  subject to disapproval or to reasonable conditions imposed by

26  the licensing authority, for the protection of the public to

27  ensure compliance with this chapter. Operations by the

28  licensee at a new location may not commence until an

29  inspection by the licensing authority of the facilities,

30  pursuant to rules of the licensing authority, has been

31  conducted and passed at the new location.

                                  92

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (9)  REGULATION OF CINERATOR FACILITIES.--

 2         (i)  There shall be adopted by rule criteria for

 3  acceptable cremation and alternative containers.

 4         (i)(j)  There shall be rules adopted requiring each

 5  facility to submit periodic reports to the department which

 6  include the names of persons cremated, the date and county of

 7  death, the name of each person supervising each cremation, the

 8  name and license number of the establishment requesting

 9  cremation, and the types of containers used to hold the body

10  during cremation.

11         (j)(k)  Each cinerator facility must be inspected prior

12  to the initial issuance of its license and annually thereafter

13  issuance and renewal of its license and shall:

14         1.  Maintain one or more retorts for the reduction of

15  dead human bodies.

16         2.  Maintain refrigeration that satisfies the standards

17  set by the Department of Health and contains a sufficient

18  refrigerated space number of shelves for the average daily

19  number of bodies stored, if unembalmed bodies are kept at the

20  site.

21         3.  Maintain sufficient pollution control equipment to

22  comply with requirements of the Department of Environmental

23  Protection in order to secure annual approved certification.

24         4.  Either have on site or immediately available

25  sufficient gasketed sealed containers of a type required for

26  the transportation of bodies as specified in applicable state

27  rules.

28         5.  Maintain the premises in a clean and sanitary

29  condition.

30         6.  Have appropriate Department of Environmental

31  Protection permits.

                                  93

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         7.  Retain all signed contracts for a period of at

 2  least 2 years.

 3         Section 44.  Subsection (3) of section 497.607, Florida

 4  Statutes, as renumbered and amended by section 132 of chapter

 5  2004-301, Laws of Florida, is amended, and subsection (4) is

 6  added to that section, to read:

 7         497.607  Cremation; procedure required.--

 8         (3)  Pursuant to the request of a legally authorized

 9  person and incidental to final disposition, cremation may be

10  performed on parts of human remains. This subsection does not

11  authorize the cremation of body parts as defined in s.

12  497.005.

13         (4)  The licensing authority shall by no later than

14  October 1, 2008, adopt rules regarding the cremation of human

15  remains by chemical means. Such rules shall define cremation

16  by chemical means, and shall specify such acceptable or

17  required processes, equipment, and procedures for cremation by

18  chemical means as are reasonably necessary for the protection

19  of the public health, safety, and welfare. Cremation by

20  chemical means shall not be authorized in this state except

21  when done in accordance with such rules and by a cinerator

22  facility licensed under this chapter. In regard to unclaimed

23  human remains delivered pursuant to s. 406.50 to the control

24  of the anatomical board of this state headquartered at the

25  University of Florida Health Science Center, the provisions of

26  this subsection and chapter shall not be construed to prohibit

27  the anatomical board from causing at any time before or after

28  October 1, 2008, the final disposition of such unclaimed human

29  remains through cremation by chemical means or otherwise, when

30  performed in facilities owned and operated by the anatomical

31  board or the University of Florida Health Science Center

                                  94

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1  pursuant to and using such processes, equipment, and

 2  procedures as the anatomical board determines to be proper and

 3  adequate.

 4         Section 45.  Section 152 of chapter 2004-301, Laws of

 5  Florida, is amended to read:

 6         Section 152.  (1)  The rules of the Board of Funeral

 7  Directors and Embalmers and of the Department of Business and

 8  Professional Regulation relating to the Board of Funeral

 9  Directors and Embalmers or implementation of chapter 470,

10  Florida Statutes, which were in effect at 11:59 p.m. on the

11  day prior to this act taking effect shall become on the

12  subjects which they address the rules of the Department of

13  Financial Services and the Board of Funeral, Cemetery, and

14  Consumer Services and shall remain in effect until amended or

15  repealed in the manner provided by law.

16         (2)  The rules of the Board of Funeral and Cemetery

17  Services which were in effect at 11:59 p.m. on the day prior

18  to this act taking effect shall become on the subjects which

19  they address the rules of the Department of Financial Services

20  and the Board of Funeral, Cemetery, and Consumer Services and

21  shall remain in effect until specifically amended or repealed

22  in the manner provided by law.

23         (3)  The rules of the Department of Financial Services

24  relating to chapter 497, Florida Statutes, which were in

25  effect at 11:59 p.m. P.M. on the day prior to this act taking

26  effect shall continue in force until thereafter repealed or

27  amended pursuant to chapter 120, Florida Statutes, and this

28  act.

29         Section 46.  Subsection (3) of section 626.785, Florida

30  Statutes, is amended to read:

31         626.785  Qualifications for license.--

                                  95

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






    Florida Senate - 2005                                  SB 2346
    26-1042A-05                                         See HB 529




 1         (3)  Notwithstanding any other provisions of this

 2  chapter, a funeral director, a direct disposer, or an employee

 3  of a funeral establishment which holds a certificate of

 4  authority pursuant to s. 497.405 may obtain an agent's license

 5  to sell only policies of life insurance covering the expense

 6  of a prearrangement for funeral services or merchandise so as

 7  to provide funds at the time the services and merchandise are

 8  needed. The face amount of insurance covered by any such

 9  policy shall not exceed $12,500 $7,500.

10         Section 47.  Subsection (7) is added to section

11  163.3187, Florida Statutes, to read:

12         163.3187  Amendment of adopted comprehensive plan.--

13         (7)  Notwithstanding any other provision of law, a

14  local government may not approve a plan amendment or change in

15  zoning designation which allows a funeral establishment,

16  cremation facility, or other noncemetery facility to be

17  located on cemetery lands.

18         Section 48.  Sections 497.275, 497.388, and 497.556,

19  Florida Statutes, are repealed.

20         Section 49.  This act shall take effect October 1,

21  2005.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  96

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