Senate Bill sb2346c1
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Florida Senate - 2005 CS for SB 2346
By the Committee on Regulated Industries; and Senator
Haridopolos
580-1993-05
1 A bill to be entitled
2 An act relating to funeral and cemetery
3 industry regulation; amending s. 316.1974,
4 F.S.; providing for lighting equipment on
5 certain non-law enforcement vehicles in a
6 funeral procession; amending s. 497.005, F.S.;
7 revising definitions; amending s. 497.101,
8 F.S.; providing for eligibility for membership
9 on the Board of Funeral, Cemetery, and Consumer
10 Services; providing rulemaking authority
11 regarding application for board membership;
12 amending s. 497.103, F.S.; revising authority
13 of the Department of Financial Services to take
14 emergency action; limiting the authority of the
15 Chief Financial Officer; amending s. 497.140,
16 F.S.; revising the time period for board
17 reaction to department revenue projections;
18 providing for future termination of certain
19 assessments; providing for a late-renewal fee;
20 amending s. 497.141, F.S.; revising licensure
21 application procedures to provide for persons
22 other than natural persons; clarifying when
23 licenses may be issued to entities and to
24 natural persons; clarifying the types of
25 entities to which licenses may be issued;
26 providing signature requirements; authorizing
27 the licensing authority to adopt rules;
28 restricting assignment or transfer of license;
29 amending s. 497.142, F.S.; revising
30 fingerprinting requirements; eliminating
31 obsolete references; clarifying requirements as
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1 to disclosure of previous criminal records;
2 revising which members of an entity applying
3 for licensure are required to disclose their
4 criminal records; providing for waiver of the
5 fingerprint requirements in certain
6 circumstances; amending s. 497.143, F.S.;
7 prohibiting preneed sales under a limited
8 license; amending s. 497.144, F.S.; requiring a
9 challenger to pay the costs for failure to
10 appear at a challenge hearing; amending s.
11 497.149, F.S.; revising terminology; amending
12 s. 497.151, F.S.; revising applicability;
13 specifying what is deemed to be a complaint;
14 amending s. 497.152, F.S.; revising
15 disciplinary provisions; revising applicability
16 in other jurisdictions; revising certain
17 grounds for disciplinary action; specifying
18 what is deemed to be a complaint; providing
19 exceptions to remittance deficiency
20 disciplinary infractions; amending s. 497.153,
21 F.S.; providing for the use of consent orders
22 in certain circumstances; amending s. 497.158,
23 F.S.; revising fine amounts; amending s.
24 497.159, F.S.; revising criminal provisions
25 relating to prelicensure examinations, willful
26 obstruction, trust funds, and specified
27 violations; providing penalties; revising what
28 constitutes improper discrimination; amending
29 s. 497.161, F.S.; removing a provision allowing
30 board members to serve as experts in
31 investigations; specifying standing of
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1 licensees to challenge rules; amending s.
2 497.165, F.S.; revising a standard for
3 determining liability for a trust fund
4 deficiency; amending s. 497.166, F.S.;
5 specifying who may act as a preneed sales
6 agent; providing responsibility of certain
7 licensees; amending s. 497.169, F.S.; revising
8 a provision for award of attorney's fees and
9 costs in certain actions; creating s. 497.171,
10 F.S.; providing requirements for the
11 identification of human remains; amending s.
12 497.260, F.S.; revising what constitutes
13 improper discrimination by cemeteries; amending
14 s. 497.263, F.S.; revising the applicability of
15 certain application procedures for licensure of
16 cemetery companies; amending s. 497.264, F.S.;
17 revising requirements relating to applicants
18 seeking to acquire control of a licensed
19 cemetery; amending s. 497.281, F.S.; revising
20 requirements for licensure of burial rights
21 brokers; amending s. 497.365, F.S.; requiring
22 that certain fees be paid before an inactive
23 license is renewed; amending s. 497.368, F.S.;
24 revising grounds for issuance of licensure as
25 an embalmer by examination; amending s.
26 497.369, F.S.; revising grounds for issuance of
27 licensure as an embalmer by endorsement;
28 amending s. 497.373, F.S.; revising grounds for
29 issuance of licensure as a funeral director by
30 examination; amending s. 497.374, F.S.;
31 revising grounds for issuance of licensure as a
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1 funeral director by endorsement; amending s.
2 497.376, F.S.; revising authority to issue a
3 combination license as a funeral director and
4 embalmer; authorizes the licensing authority to
5 establish certain rules; amending s. 497.378,
6 F.S.; revising a license renewal fee; amending
7 s. 497.380, F.S.; revising certain requirements
8 for funeral establishments; providing
9 requirements for reporting a change in location
10 of the establishment; revising a license
11 renewal fee; amending s. 497.385, F.S.;
12 revising application requirements for licensure
13 of a removal service or a refrigeration
14 service; providing requirements for change in
15 location of removal services and refrigeration
16 services; authorizing the licensing authority
17 to adopt certain rules for centralized
18 embalming facility operations; revising
19 application requirements for licensure of a
20 centralized embalming facility; providing for
21 inspection of centralized embalming facilities;
22 providing for change in ownership and change in
23 location of centralized embalming facilities;
24 amending s. 497.453, F.S.; revising net worth
25 requirements for preneed licensure; specifying
26 authority to accept alternative evidence of
27 financial responsibility in lieu of net worth
28 regarding preneed licensure applicants;
29 providing preneed license renewal fees for
30 monument establishments; increasing the renewal
31 fee for a branch license which is set by the
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1 Board of Funeral, Cemetery, and Consumer
2 Services; revising grounds for issuance of a
3 preneed branch license; amending s. 497.456,
4 F.S.; revising use of the Preneed Funeral
5 Contract Consumer Protection Trust Fund by the
6 licensing authority; amending s. 497.458, F.S.;
7 revising requirements to loan or invest trust
8 funds; amending s. 497.466, F.S., relating to
9 preneed sales agents; substantially revising
10 provisions relating to licensure requirements;
11 revising application procedures, fees, the
12 issuance of a temporary preneed sales agent
13 license, the conversion of such a license to a
14 permanent preneed sales agent license,
15 restrictions upon an applicant who has a
16 criminal or disciplinary record, termination of
17 a permanent license due to lack of
18 appointments, procedures for appointing preneed
19 sales agents and for renewing such an
20 appointment, termination of appointments, fees,
21 and administrative matters; providing
22 responsibilities of preneed licensees for
23 preneed sales agents; creating s. 497.468,
24 F.S.; providing for disclosure of information
25 to the public; amending s. 497.550, F.S.;
26 revising application requirements and
27 procedures for licensure as a monument
28 establishment; requiring that a monument
29 establishment be licensed as a monument builder
30 or as a monument dealer; exempting a monument
31 dealer from a requirement to maintain certain
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1 facilities and from certain inspection
2 requirements; requiring that a monument
3 establishment obtain licensure as a monument
4 builder in order to be eligible for a preneed
5 sales license; amending s. 497.551, F.S.;
6 revising requirements for renewal of monument
7 establishment licensure; amending s. 497.552,
8 F.S.; revising facility requirements for
9 monument establishments; amending s. 497.553,
10 F.S.; providing requirements for change of
11 ownership and location of monument
12 establishments; providing for an annual
13 inspection fee; amending s. 497.554, F.S.;
14 revising application procedure and renewal
15 requirements for monument establishment sales
16 representatives; deferring application of
17 section; amending s. 497.555, F.S.; revising
18 requirements for rules establishing minimum
19 standards for access to cemeteries; amending s.
20 497.602, F.S.; revising application procedures
21 for direct disposer licensure; amending s.
22 497.603, F.S.; revising the license renewal fee
23 for a direct disposer; amending s. 497.604,
24 F.S.; revising provisions concerning direct
25 disposal establishment licensure and
26 application for licensure and regulation of
27 direct disposal establishments; amending s.
28 497.606, F.S.; revising provisions concerning
29 cinerator facility licensure and application
30 for licensure and regulation of cinerator
31 facilities; amending s. 497.607, F.S.;
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1 providing for publication of rules regarding
2 cremation by chemical means; amending s. 152,
3 ch. 2004-301, Laws of Florida; specifying
4 applicability of rules; amending s. 626.785,
5 F.S.; revising a policy coverage limit;
6 repealing s. 497.275, F.S., relating to
7 identification of human remains in licensed
8 cemeteries; repealing s. 497.388, F.S.,
9 relating to identification of human remains;
10 repealing s. 497.556, F.S., relating to
11 requirements relating to monument
12 establishments; providing an effective date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Paragraph (a) of subsection (2) of section
17 316.1974, Florida Statutes, is amended to read:
18 316.1974 Funeral procession right-of-way and
19 liability.--
20 (2) EQUIPMENT.--
21 (a) All non-law enforcement funeral escort vehicles
22 and funeral lead vehicles shall be equipped with at least one
23 lighted circulation lamp exhibiting an amber or purple light
24 or lens visible under normal atmospheric conditions for a
25 distance of 500 feet from the front of the vehicle. Flashing
26 amber or purple lights may be used only when such vehicles are
27 used in a funeral procession.
28 Section 2. Section 497.005, as amended by chapter
29 2004-301, Laws of Florida, is amended to read:
30 497.005 Definitions.--As used in this chapter, the
31 term:
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1 (1) "Alternative container" means an unfinished wood
2 box or other nonmetal receptacle or enclosure, without
3 ornamentation or a fixed interior lining, which is designed
4 for the encasement of human remains and which is made of
5 fiberboard, pressed wood, composition materials (with or
6 without an outside covering), or like materials a nonmetal
7 receptacle or enclosure which is less expensive than a casket
8 and of sufficient strength to be used to hold and transport a
9 dead human body.
10 (2) "At-need solicitation" means any uninvited contact
11 by a licensee or her or his agent for the purpose of the sale
12 of burial services or merchandise to the family or next of kin
13 of a person after her or his death has occurred.
14 (3) "Bank of belowground crypts" means any
15 construction unit of belowground crypts which is acceptable to
16 the department and which a cemetery uses to initiate its
17 belowground crypt program or to add to existing belowground
18 crypt structures.
19 (4) "Belowground crypts" consist of interment space in
20 preplaced chambers, either side by side or multiple depth,
21 covered by earth and sod and known also as "lawn crypts,"
22 "westminsters," or "turf-top crypts."
23 (5) "Board" means the Board of Funeral, Cemetery, and
24 Consumer Services.
25 (6) "Body parts" means:
26 (a) Limbs or other portions of the anatomy which are
27 removed from a person or human remains for medical purposes
28 during treatment, surgery, biopsy, autopsy, or medical
29 research; or
30 (b) Human bodies or any portions of human bodies which
31 have been donated to science for medical research purposes.
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1 (6)(7) "Burial merchandise," "funeral merchandise," or
2 "merchandise" means any personal property offered or sold by
3 any person for use in connection with the final disposition,
4 memorialization, interment, entombment, or inurnment of human
5 remains or cremated remains, including, but not limited to,
6 caskets, outer burial containers, alternative containers,
7 cremation containers, cremation interment containers, urns,
8 monuments, private mausoleums, flowers, benches, vases,
9 acknowledgment cards, register books, memory folders, prayer
10 cards, and clothing .
11 (7)(8) "Burial right" means the right to use a grave
12 space, mausoleum, columbarium, ossuary, or scattering garden
13 for the interment, entombment, inurnment, or other disposition
14 of human or cremated remains.
15 (8)(9) "Burial service," "funeral service," "funeral,"
16 or "service" means any service offered or provided by any
17 person in connection with the final disposition,
18 memorialization, interment, entombment, or inurnment of human
19 or cremated remains.
20 (9)(10) "Care and maintenance" means the perpetual
21 process of keeping a cemetery and its lots, graves, grounds,
22 landscaping, roads, paths, parking lots, fences, mausoleums,
23 columbaria, vaults, crypts, utilities, and other improvements,
24 structures, and embellishments in a well-cared-for and
25 dignified condition, so that the cemetery does not become a
26 nuisance or place of reproach and desolation in the community.
27 As specified in the rules of the licensing authority, "care
28 and maintenance" may include, but is not limited to, any or
29 all of the following activities: mowing the grass at
30 reasonable intervals; raking and cleaning the grave spaces and
31 adjacent areas; pruning of shrubs and trees; suppression of
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1 weeds and exotic flora; and maintenance, upkeep, and repair of
2 drains, water lines, roads, buildings, and other improvements.
3 "Care and maintenance" may include, but is not limited to,
4 reasonable overhead expenses necessary for such purposes,
5 including maintenance of machinery, tools, and equipment used
6 for such purposes. "Care and maintenance" may also include
7 repair or restoration of improvements necessary or desirable
8 as a result of wear, deterioration, accident, damage, or
9 destruction. "Care and maintenance" does not include expenses
10 for the construction and development of new grave spaces or
11 interment structures to be sold to the public.
12 (10)(11) "Casket" means a rigid container which is
13 designed for the encasement of human remains and which is
14 usually constructed of wood or metal, ornamented, and lined
15 with fabric.
16 (11)(12) "Cemetery" means a place dedicated to and
17 used or intended to be used for the permanent interment of
18 human or cremated remains. A cemetery may contain land or
19 earth interment; mausoleum, vault, or crypt interment; a
20 columbarium, ossuary, scattering garden, or other structure or
21 place used or intended to be used for the interment or
22 disposition of cremated remains; or any combination of one or
23 more of such structures or places.
24 (12)(13) "Cemetery company" means any legal entity
25 that owns or controls cemetery lands or property.
26 (13)(14) "Centralized embalming facility" means a
27 facility, not physically connected with a funeral
28 establishment, in which embalming takes place which operates
29 independently of a funeral establishment licensee and which
30 offers embalming services to funeral directors for a fee.
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1 (14)(15) "Cinerator" means a facility where dead human
2 bodies are subjected to cremation. reduced to a residue,
3 including bone fragments, by direct flame, also known as
4 "cremation," or by intense heat, also known as "calcination."
5 (15)(16) "Closed container" means any container in
6 which cremated remains can be placed and closed in a manner so
7 as to prevent leakage or spillage of the remains.
8 (16)(17) "Columbarium" means a structure or building
9 which is substantially exposed above the ground and which is
10 intended to be used for the inurnment of cremated remains.
11 (17)(18) "Common business enterprise" means a group of
12 two or more business entities that share common ownership in
13 excess of 50 percent.
14 (18)(19) "Control" means the possession, directly or
15 indirectly, through the ownership of voting shares, by
16 contract, arrangement, understanding, relationship, or
17 otherwise, of the power to direct or cause the direction of
18 the management and policies of a person or entity. However, a
19 person or entity shall not be deemed to have control if the
20 person or entity holds voting shares, in good faith and not
21 for the purpose of circumventing this definition, as an agent,
22 bank, broker, nominee, custodian, or trustee for one or more
23 beneficial owners who do not individually or as a group have
24 control.
25 (19)(20) "Cremated remains" means all the remains of
26 the human body recovered after the completion of the cremation
27 process, including processing or pulverization which leaves
28 only bone fragments reduced to unidentifiable dimensions and
29 may include the residue of any foreign matter, including
30 casket material, bridgework, or eyeglasses that were cremated
31 with the human remains.
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1 (20)(21) "Cremation" means any mechanical or thermal
2 process whereby a dead human body is reduced to ashes and bone
3 fragments. Cremation also includes any other mechanical or
4 thermal process whereby human remains are pulverized, burned,
5 recremated, or otherwise further reduced in size or quantity
6 the technical process, using direct flame and heat or chemical
7 means, which reduces human remains to bone fragments through
8 heat and evaporation. Cremation includes the processing and
9 usually includes the pulverization of the bone fragments.
10 (21)(22) "Cremation chamber" means the enclosed space
11 within which the cremation process takes place. Cremation
12 chambers covered by these procedures must be used exclusively
13 for the cremation of human remains.
14 (22)(23) "Cremation container" means the casket or
15 alternative container in which the human remains are
16 transported to and placed in the cremation chamber for a
17 cremation. A cremation container should meet substantially all
18 of the following standards:
19 (a) Be composed of readily combustible materials
20 suitable for cremation.
21 (b) Be able to be closed in order to provide a
22 complete covering for the human remains.
23 (c) Be resistant to leakage or spillage.
24 (d) Be rigid enough to be handled with ease.
25 (e) Be able to provide protection for the health,
26 safety, and personal integrity of crematory personnel.
27 (23)(24) "Cremation interment container" means a rigid
28 outer container that, subject to a cemetery's rules and
29 regulations, is composed of concrete, steel, fiberglass, or
30 some similar material in which an urn is placed prior to being
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1 interred in the ground and that is designed to support the
2 earth above the urn.
3 (24)(25) "Department" means the Department of
4 Financial Services.
5 (25)(26) "Direct disposal establishment" means a
6 facility licensed under this chapter where a direct disposer
7 practices direct disposition.
8 (26)(27) "Direct disposer" means any person licensed
9 under this chapter to practice direct disposition in this
10 state.
11 (27)(28) "Director" means the director of the Division
12 of Funeral, Cemetery, and Consumer Services.
13 (28)(29) "Disinterment" means removal of a dead human
14 body from earth interment or aboveground interment.
15 (29)(30) "Division" means the Division of Funeral,
16 Cemetery, and Consumer Services within the Department of
17 Financial Services.
18 (30)(31) "Embalmer" means any person licensed under
19 this chapter to practice embalming in this state.
20 (31)(32) "Final disposition" means the final disposal
21 of a dead human body by earth interment, aboveground
22 interment, cremation, burial at sea, or delivery to a medical
23 institution for lawful dissection if the medical institution
24 assumes responsibility for disposal. "Final disposition" does
25 not include the disposal or distribution of cremated remains
26 ashes and residue of cremated remains.
27 (33) "Funeral" or "funeral service" means the
28 observances, services, or ceremonies held to commemorate the
29 life of a specific deceased human being and at which the human
30 remains are present.
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1 (32)(34) "Funeral director" means any person licensed
2 under this chapter to practice funeral directing in this
3 state.
4 (33)(35) "Funeral establishment" means a facility
5 licensed under this chapter where a funeral director or
6 embalmer practices funeral directing or embalming.
7 (36) "Funeral merchandise" or "merchandise" means any
8 merchandise commonly sold in connection with the funeral,
9 final disposition, or memorialization of human remains,
10 including, but not limited to, caskets, outer burial
11 containers, alternative containers, cremation containers,
12 cremation interment containers, urns, monuments, private
13 mausoleums, flowers, benches, vases, acknowledgment cards,
14 register books, memory folders, prayer cards, and clothing.
15 (34)(37) "Grave space" means a space of ground in a
16 cemetery intended to be used for the interment in the ground
17 of human remains.
18 (35)(38) "Human remains" or "remains," or "dead human
19 body" or "dead human bodies," means the body of a deceased
20 human person for which a death certificate or fetal death
21 certificate is required under chapter 382 and includes the
22 body in any stage of decomposition and the residue of cremated
23 human bodies.
24 (36)(39) "Legally authorized person" means, in the
25 priority listed, the decedent, when written inter vivos
26 authorizations and directions are provided by the decedent;
27 the surviving spouse, unless the spouse has been arrested for
28 committing against the deceased an act of domestic violence as
29 defined in s. 741.28 which resulted in or contributed to the
30 death of the deceased; a son or daughter who is 18 years of
31 age or older; a parent; a brother or sister who is 18 years of
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1 age or older; a grandchild who is 18 years of age or older; a
2 grandparent; or any person in the next degree of kinship. In
3 addition, the term may include, if no family member exists or
4 is available, the guardian of the dead person at the time of
5 death; the personal representative of the deceased; the
6 attorney in fact of the dead person at the time of death; the
7 health surrogate of the dead person at the time of death; a
8 public health officer; the medical examiner, county
9 commission, or administrator acting under part II of chapter
10 406 or other public administrator; a representative of a
11 nursing home or other health care institution in charge of
12 final disposition; or a friend or other person not listed in
13 this subsection who is willing to assume the responsibility as
14 the legally authorized person. Where there is a person in any
15 priority class listed in this subsection, the funeral
16 establishment shall rely upon the authorization of any one
17 legally authorized person of that class if that individual
18 represents that she or he is not aware of any objection to the
19 cremation of the deceased's human remains by others in the
20 same class of the person making the representation or of any
21 person in a higher priority class.
22 (37)(40) "License" includes all authorizations
23 required or issued under this chapter, except where expressly
24 indicated otherwise, and shall be understood to include
25 authorizations previously referred to as registrations or
26 certificates of authority in chapters 470 and 497 as those
27 chapters appeared in the 2004 edition of the Florida Statutes.
28 (38)(41) "Licensee" means the person or entity holding
29 any license or other authorization issued under this chapter,
30 except where expressly indicated otherwise.
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1 (39)(42) "Mausoleum" means a structure or building
2 which is substantially exposed above the ground and which is
3 intended to be used for the entombment of human remains.
4 (40)(43) "Mausoleum section" means any construction
5 unit of a mausoleum which is acceptable to the department and
6 which a cemetery uses to initiate its mausoleum program or to
7 add to its existing mausoleum structures.
8 (41)(44) "Monument" means any product used for
9 identifying a grave site and cemetery memorials of all types,
10 including monuments, markers, and vases.
11 (42)(45) "Monument establishment" means a facility
12 that operates independently of a cemetery or funeral
13 establishment and that offers to sell monuments or monument
14 services to the public for placement in a cemetery.
15 (43)(46) "Net assets" means the amount by which the
16 total assets of a licensee, excluding goodwill, franchises,
17 customer lists, patents, trademarks, and receivables from or
18 advances to officers, directors, employees, salespersons, and
19 affiliated companies, exceed total liabilities of the
20 licensee. For purposes of this definition, the term "total
21 liabilities" does not include the capital stock, paid-in
22 capital, or retained earnings of the licensee.
23 (44)(47) "Net worth" means total assets minus total
24 liabilities pursuant to generally accepted accounting
25 principles.
26 (45)(48) "Niche" means a compartment or cubicle for
27 the memorialization or permanent placement of a container or
28 urn containing cremated remains.
29 (46)(49) "Ossuary" means a receptacle used for the
30 communal placement of cremated remains without benefit of an
31 urn or any other container in which cremated remains may be
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1 commingled with other cremated remains and are nonrecoverable.
2 It may or may not include memorialization.
3 (47)(50) "Outer burial container" means an enclosure
4 into which a casket is placed and includes, but is not limited
5 to, vaults made of concrete, steel, fiberglass, or copper;
6 sectional concrete enclosures; crypts; and wooden enclosures.
7 (48)(51) "Person," when used without qualification
8 such as "natural" or "individual," includes both natural
9 persons and legal entities.
10 (49)(52) "Personal residence" means any residential
11 building in which one temporarily or permanently maintains her
12 or his abode, including, but not limited to, an apartment or a
13 hotel, motel, nursing home, convalescent home, home for the
14 aged, or a public or private institution.
15 (50)(53) "Practice of direct disposition" means the
16 cremation of human remains without preparation of the human
17 remains by embalming and without any attendant services or
18 rites such as funeral or graveside services or the making of
19 arrangements for such final disposition.
20 (51)(54) "Practice of embalming" means disinfecting or
21 preserving or attempting to disinfect or preserve dead human
22 bodies by replacing certain body fluids with preserving and
23 disinfecting chemicals.
24 (52)(55) "Practice of funeral directing" means the
25 performance by a licensed funeral director of any of those
26 functions authorized by s. 497.372.
27 (53)(56) "Preneed contract" means any arrangement or
28 method, of which the provider of funeral merchandise or
29 services has actual knowledge, whereby any person agrees to
30 furnish funeral merchandise or service in the future.
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1 (54)(57) "Preneed sales agent" means any person who is
2 licensed under this chapter to sell preneed burial or funeral
3 service and merchandise contracts or direct disposition
4 contracts in this state.
5 (55)(58) "Principal" means and includes the sole
6 proprietor of a sole proprietorship; all partners of a
7 partnership; all members of a limited liability company;
8 regarding a corporation, all directors and officers, and all
9 stockholders controlling more than 10 percent of the voting
10 stock; and all other persons who can exercise control over the
11 person or entity.
12 (56)(59) "Processing" means the reduction of
13 identifiable bone fragments after the completion of the
14 cremation process to unidentifiable bone fragments by manual
15 means.
16 (57)(60) "Profession" and "occupation" are used
17 interchangeably in this chapter. The use of the word
18 "profession" in this chapter with respect to any activities
19 regulated under this chapter shall not be deemed to mean that
20 such activities are not occupations for other purposes in
21 state or federal law.
22 (58)(61) "Pulverization" means the reduction of
23 identifiable bone fragments after the completion of the
24 cremation and processing to granulated particles by manual or
25 mechanical means.
26 (59)(62) "Refrigeration facility" means a facility
27 that is operated independently of not physically connected
28 with a funeral establishment, crematory, or direct disposal
29 establishment, that maintains space and equipment for the
30 storage and refrigeration of dead human bodies, and that
31 offers its service to funeral directors, and funeral
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1 establishments, direct disposers, direct disposal
2 establishments, or crematories for a fee.
3 (60)(63) "Religious institution" means an organization
4 formed primarily for religious purposes which has qualified
5 for exemption from federal income tax as an exempt
6 organization under the provisions of s. 501(c)(3) of the
7 Internal Revenue Code of 1986, as amended.
8 (61)(64) "Removal service" means any service that
9 operates independently of a funeral establishment or a direct
10 disposal establishment, that handles the initial removal of
11 dead human bodies, and that offers its service to funeral
12 establishments and direct disposal establishments for a fee.
13 (62)(65) "Rules" refers to rules adopted under this
14 chapter unless expressly indicated to the contrary.
15 (63)(66) "Scattering garden" means a location set
16 aside, within a cemetery, which is used for the spreading or
17 broadcasting of cremated remains that have been removed from
18 their container and can be mixed with or placed on top of the
19 soil or ground cover or buried in an underground receptacle on
20 a commingled basis and that are nonrecoverable. It may or may
21 not include memorialization.
22 (64)(67) "Servicing agent" means any person acting as
23 an independent contractor whose fiduciary responsibility is to
24 assist both the trustee and licensee in administrating their
25 responsibilities pursuant to this chapter.
26 (65)(68) "Solicitation" means any communication which
27 directly or implicitly requests an immediate oral response
28 from the recipient.
29 (66)(69) "Statutory accounting" means generally
30 accepted accounting principles, except as modified by this
31 chapter.
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1 (67)(70) "Temporary container" means a receptacle for
2 cremated remains usually made of cardboard, plastic, or
3 similar material designated to hold the cremated remains until
4 an urn or other permanent container is acquired.
5 (68)(71) "Urn" means a receptacle designed to
6 permanently encase cremated remains.
7 Section 3. Subsection (2) of section 497.101, Florida
8 Statutes, as amended by chapter 2004-301, Laws of Florida, is
9 amended, and subsection (8) is added to that section, to read:
10 497.101 Board of Funeral, Cemetery, and Consumer
11 Services; membership; appointment; terms.--
12 (2) Two members of the board must be funeral directors
13 licensed under part III of this chapter who are associated
14 with a funeral establishment. One member of the board must be
15 a funeral director licensed under part III of this chapter who
16 is associated with a funeral establishment licensed under part
17 III of this chapter which has a valid preneed license issued
18 pursuant to this chapter and who owns or operates a cinerator
19 facility approved under chapter 403 and licensed under part VI
20 of this chapter. Two members of the board must be persons
21 whose primary occupation is associated with a cemetery company
22 licensed pursuant to this chapter. Three members of the board
23 must be consumers who are residents of the state, have never
24 been licensed as funeral directors or embalmers, are not
25 connected with a cemetery or cemetery company licensed
26 pursuant to this chapter, and are not connected with the death
27 care industry or the practice of embalming, funeral directing,
28 or direct disposition. One of the consumer members must be at
29 least 60 years of age, and one must be licensed as a certified
30 public accountant under chapter 473. One member of the board
31 must be a monument establishment dealer licensed under this
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1 chapter as a monument builder or, for board appointments made
2 before June 1, 2006, a licensed monument establishment
3 certified by the department to be eligible for licensure as a
4 monument builder. One member must be the State Health Officer
5 or her or his designee. There shall not be two or more board
6 members who are principals or directors, employees, partners,
7 shareholders, or members of the same company or partnership or
8 group of companies or partnerships under common control.
9 (8) The department shall adopt rules establishing
10 forms by which persons may apply for membership on the board
11 and procedures for applying for such membership. Such forms
12 must require disclosure of the existence and nature of all
13 current and past employments by or contracts with, and direct
14 or indirect affiliations with or interests in, any entity or
15 business that at any time was licensed by the board or by the
16 former Board of Funeral and Cemetery Services or the former
17 Board of Funeral Directors and Embalmers or that is or was
18 otherwise involved in the death care industry, as specified by
19 department rule.
20 Section 4. Paragraph (m) of subsection (2) of section
21 497.103, Florida Statutes, as amended by chapter 2004-301,
22 Laws of Florida, is amended, and paragraph (e) is added to
23 subsection (4) of that section, to read:
24 497.103 Rulemaking authority of board and
25 department.--
26 (2) DEPARTMENT AUTHORITY.--All authority provided by
27 this chapter and not expressly vested in the board by
28 subsection (1) is vested in the department, and the department
29 shall be deemed to be the licensing authority as to such
30 matters. Without limiting the generality of the foregoing
31 vesting of authority in the department, the authority provided
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1 by this chapter which is vested solely in the department
2 includes:
3 (m) Authority to take emergency action against any
4 licensee under this chapter, without prior consultation with
5 the board, when the department determines that there is an
6 imminent danger to the health, safety, or welfare of the
7 residents of the state.
8 (4) RECOMMENDATIONS BY THE CHIEF FINANCIAL OFFICER.--
9 (e) The Chief Financial Officer shall have no
10 authority by recommendation or otherwise to set fees, rates,
11 or prices to be used by any licensee under this chapter, and
12 notwithstanding this subsection, a licensee under this chapter
13 may not be required to set fees, rates, or prices in
14 accordance with any recommendation of the Chief Financial
15 Officer.
16 Section 5. Paragraphs (b) and (c) of subsection (1) of
17 section 497.140, Florida Statutes, as renumbered and amended
18 by section 10 of chapter 2004-301, Laws of Florida, are
19 amended, and subsection (8) is added to that section, to read:
20 497.140 Fees.--
21 (1)
22 (b) It is the legislative intent that the costs of
23 regulation under this chapter be provided for by fees
24 collected under this chapter. The board shall ensure that fees
25 are adequate to cover all anticipated costs of implementation
26 of this chapter. The department shall at least every other
27 year provide the board with estimates as to projected costs in
28 implementing this chapter and projected fee collections under
29 this chapter for the following 2 years, information as to
30 balances of regulatory trusts from fees collected, other
31 information which the department deems material to the setting
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1 of fees by the board at proper levels, and a department
2 recommendation as to action, if any, regarding changing fee
3 levels. The board shall review such information provided by
4 the department and make such changes in fees, up or down, as
5 the board determines appropriate. If sufficient action is not
6 taken by the board within 6 months 1 year after notification
7 by the department that fees are projected to be inadequate,
8 the department shall set fees on behalf of the board to cover
9 anticipated costs.
10 (c) The board may from time to time by rule assess and
11 collect a one-time fee from each active and each voluntary
12 inactive licensee under this chapter in an amount necessary to
13 correct an inadequacy of fees received to implement regulation
14 required by this chapter, provided that no such assessments
15 may be made after October 1, 2007 more than one such
16 assessment may be made in any 4-year period without specific
17 legislative authorization.
18 (8) A delinquency fee shall be charged and collected
19 from a licensee for the failure to timely renew a license
20 issued under this chapter. The amount of such a delinquency
21 fee shall be $50 unless a different amount is specified for a
22 particular category of licensure under this chapter.
23 Section 6. Subsection (2) of section 497.141, Florida
24 Statutes, as created by chapter 2004-301, Laws of Florida, is
25 amended, and subsection (12) is added to that section, to
26 read:
27 497.141 Licensing; general application procedures.--
28 (2) Any person desiring to be licensed shall apply to
29 the licensing authority in writing using such forms and
30 procedures as may be prescribed by rule. The application for
31 licensure shall include the applicant's social security number
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1 if the applicant is a natural person; otherwise, the
2 applicant's federal tax identification number. Notwithstanding
3 any other provision of law, the department is the sole
4 authority for determining the forms and form contents to be
5 submitted for initial licensure and licensure renewal
6 application. Such forms and the information and materials
7 required by such forms may include, as appropriate,
8 demographics, education, work history, personal background,
9 criminal history, finances, business information, signature
10 notarization, performance periods, reciprocity, local
11 government approvals, supporting documentation, periodic
12 reporting requirements, fingerprint requirements, continuing
13 education requirements, business plans, character references,
14 and ongoing education monitoring. Such forms and the
15 information and materials required by such forms may also
16 include, to the extent such information or materials are not
17 already in the possession of the department or the board,
18 records or information as to complaints, inspections,
19 investigations, discipline, and bonding, and photographs. The
20 application shall be supplemented as needed to reflect any
21 material change in any circumstance or condition stated in the
22 application which takes place between the initial filing of
23 the application and the final grant or denial of the license
24 and which might affect the decision of the department or the
25 board. After an application by an individual for licensure
26 under this chapter is approved, the licensing authority may
27 require the successful applicant to provide a photograph of
28 the applicant for permanent lamination onto the license card
29 to be issued to the applicant, pursuant to rules and fees
30 adopted by the licensing authority.
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1 (12)(a) The following licenses may be applied for and
2 issued only to a natural person:
3 1. Embalmer apprentice.
4 2. Embalmer intern.
5 3. Funeral director intern.
6 4. Funeral director.
7 5. Funeral director and embalmer.
8 6. Direct disposer.
9 7. Monument establishment sales agent.
10 8. Preneed sales agent.
11 (b) The following licenses may be applied for and
12 issued to a natural person, a corporation, a limited liability
13 company, or a partnership:
14 1. Funeral establishment.
15 2. Centralized embalming facility.
16 3. Refrigeration facility.
17 4. Direct disposal establishment.
18 5. Monument establishment.
19 6. Cinerator facility.
20 7. Removal service.
21 8. Preneed sales business under s. 497.453.
22 (c) A cemetery license may be applied for and issued
23 only to a corporation, partnership, or limited liability
24 company.
25 (d) A license may not be issued to any applicant that
26 is a corporation, limited liability company, or partnership
27 unless the applicant is organized and in good standing under
28 the laws of this state or another state of the United States
29 and provides written proof of same issued by the applicable
30 state office or official in the state concerned. Each
31 applicant that is a corporation, limited liability company, or
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1 partnership shall file with its application a written
2 statement, signed by the same person who signs the
3 application, identifying by name and business functional title
4 the following persons, as applicable to the type of entity
5 applying: officers, managers, managing members, partners,
6 general partners, limited partners, managing partners,
7 directors, all stockholders controlling more than 10 percent
8 of the voting stock, and all other persons who can exercise
9 control over the applicant. The licensing authority may
10 require the filing of the applicant's articles of
11 incorporation or other organizational documents and a resume
12 concerning any person identified pursuant to this paragraph.
13 (e) All applications shall be signed by the applicant.
14 Signatures of the applicant shall be as follows:
15 1. If the applicant is a natural person, the
16 application shall be signed by the applicant.
17 2. If the applicant is a corporation, the application
18 shall be signed by the corporation's president.
19 3. If the applicant is a partnership, the application
20 shall be signed by a partner, who shall provide proof
21 satisfactory to the licensing authority of that partner's
22 authority to sign on behalf of the partnership.
23 4. If the applicant is a limited liability company,
24 the application shall be signed by a member of the company,
25 who shall provide proof satisfactory to the licensing
26 authority of that member's authority to sign on behalf of the
27 company.
28 (f) The licensing authority may adopt rules for the
29 administration of this section, including required procedures
30 and forms.
31
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1 (g) A license regulated under this chapter is not
2 assignable or transferable except as provided in this chapter.
3 Section 7. Section 497.142, Florida Statutes, as
4 created by chapter 2004-301, Laws of Florida, is amended to
5 read:
6 497.142 Licensing; fingerprinting and criminal
7 background checks.--
8 (1) In any instance that this chapter requires
9 submission of fingerprints in connection with an application
10 for license, the provisions of this section shall apply.
11 (2) The fingerprints must be taken by a law
12 enforcement agency or other agency or entity approved by the
13 department and in such a way as to allow their use to obtain a
14 criminal history check through the Department of Law
15 Enforcement.
16 (3) The department shall submit the fingerprints to or
17 cause them to be submitted to the Department of Law
18 Enforcement for the purpose of ascertaining whether the person
19 fingerprinted has a criminal history in any state or before
20 the Federal Government and, if so, the nature of the criminal
21 history.
22 (4) The Department of Law Enforcement may accept
23 fingerprints of any applicant under this chapter, any
24 principal of any such applicant, and any other person who is
25 examined or investigated or who is subject to examination or
26 investigation under the provisions of this chapter.
27 (5) The Department of Law Enforcement may, to the
28 extent provided for by federal law, exchange state,
29 multistate, and federal criminal history records with the
30 department and the board for the purpose of the issuance,
31
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1 denial, suspension, or revocation of any license or other
2 application under this chapter.
3 (6) The Department of Law Enforcement may accept
4 fingerprints of any other person required by statute or rule
5 to submit fingerprints to the department or board or any
6 applicant or licensee regulated by the department or board who
7 is required to demonstrate that she or he has not been
8 convicted of or pled guilty or nolo contendere to a felony or
9 a misdemeanor.
10 (6)(7) The Department of Law Enforcement shall, upon
11 receipt of fingerprints from the department, submit the
12 fingerprints to the Federal Bureau of Investigation to check
13 federal criminal history records.
14 (7)(8) Statewide criminal records obtained through the
15 Department of Law Enforcement, federal criminal records
16 obtained through the Federal Bureau of Investigation, and
17 local criminal records obtained through local law enforcement
18 agencies shall be used by the department and board for the
19 purpose of issuance, denial, suspension, or revocation of
20 certificates of authority, certifications, or licenses issued
21 to operate in this state.
22 (8)(9) For the purposes of criminal background checks,
23 applicants and principals of applicants for any approval or
24 license under this chapter may be required to disclose whether
25 they have ever had their name legally changed and any prior
26 name or names they have used.
27 (9)(10) If any applicant under this chapter has been,
28 within the 10 years preceding the application under this
29 chapter, convicted or found guilty of, or entered a plea of
30 nolo contendere to, regardless of adjudication, any crime in
31 any jurisdiction, the application shall not be deemed complete
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1 until such time as the applicant provides such certified true
2 copies of the court records evidencing the conviction,
3 finding, or plea, as the licensing authority may by rule
4 require.
5 (10)(a) When applying for any license under this
6 chapter, every applicant shall be required to disclose the
7 applicant's criminal records in accordance with this
8 subsection.
9 (b) The criminal record required to be disclosed shall
10 be any crime listed in paragraph (c) of which the person or
11 entity required to make disclosure has been convicted or to
12 which that person or entity entered a plea in the nature of no
13 contest. Disclosure shall be required pursuant to this
14 subsection regardless of whether adjudication was entered or
15 withheld by the court in which the case was prosecuted.
16 (c) Crimes to be disclosed are:
17 1. Any felony or misdemeanor, no matter when
18 committed, which was directly or indirectly related to or
19 involving any aspect of the practice or business of funeral
20 directing, embalming, direct disposition, cremation, funeral
21 or cemetery preneed sales, funeral establishment operations,
22 cemetery operations, or cemetery monument or marker sales or
23 installation.
24 2. Any other felony not already disclosed under
25 subparagraph 1. which was committed within the 20 years
26 immediately preceding the application under this chapter.
27 3. Any other misdemeanor not already disclosed under
28 subparagraph 1. which was committed within the 5 years
29 immediately preceding the application under this chapter.
30 (d) Criminal records falling within paragraphs (b) and
31 (c) shall be disclosed regardless of whether the criminal
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1 conduct occurred inside or outside the state and regardless of
2 whether the criminal prosecution occurred in state court or
3 the court of another state, the United States, or a foreign
4 country. As to crimes prosecuted in courts other than the
5 courts of this state, the designation of the crime as a felony
6 or misdemeanor by the law of the jurisdiction prosecuting the
7 crime shall control. If the prosecuting jurisdiction does not
8 use the term "felony" or "misdemeanor" in classifying the
9 crime, the crime shall be deemed a felony for purposes of this
10 subsection if punishable under the law of the prosecuting
11 jurisdiction by a term of imprisonment in excess of 1 year;
12 otherwise, the crime shall be classified as a misdemeanor for
13 purposes of this subsection. Excessive speed in the operation
14 of a motor vehicle and other noncriminal traffic infractions
15 are not required to be reported under this section.
16 (e) For purposes of this subsection, the persons
17 required to make disclosure of their criminal records in
18 relation to an application shall be as follows:
19 1. If the applicant is a natural person, only the
20 natural person making application has the duty to disclose.
21 2. If the applicant is a corporation, all officers and
22 directors of that corporation have the duty to disclose.
23 3. If the applicant is a limited liability company,
24 all managers and members of the limited liability company have
25 the duty to disclose.
26 4. If the applicant is a partnership, all partners
27 have the duty to disclose.
28 5. If the applicant is required by this chapter to
29 identify in the application the individual licensee under this
30 chapter who will be in charge of the applicant, the identified
31 individual licensee in charge must make disclosure of criminal
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1 records as part of the application, in addition to the
2 applicant.
3 (f) In addition to persons identified in paragraph (e)
4 as being required to provide a criminal history in relation to
5 an application for license, the department may during its
6 prelicensing investigation of the applicant pursuant to
7 subsection (3), on a case-by-case basis, require disclosure of
8 criminal records from any other employee or principal of the
9 applicant, if the department has grounds to believe that the
10 employee or principal has committed any crime and that the
11 person's relationship to the applicant may render the
12 applicant a danger to the public if the license applied for is
13 issued.
14 (g) The licensing authority may adopt rules specifying
15 forms and procedures to be used by persons required to
16 disclose criminal records under this subsection. The licensing
17 authority may conduct investigation and further inquiry of any
18 person regarding any criminal record disclosed pursuant to
19 this section.
20 (11)(a) Whenever in this chapter an applicant is
21 required to submit fingerprints in applying for a license, the
22 persons whose fingerprints must be submitted shall be as
23 follows:
24 1. If the applicant is a natural person, the
25 fingerprints of the natural person making application.
26 2. If the applicant is a corporation, the fingerprints
27 of the persons serving in the following capacities: chief
28 executive officer and president, or both persons if the
29 positions are filled by different persons; chief financial
30 officer; chief of operations; general counsel if a corporation
31 employee; and members of the board.
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1 3. If the applicant is a limited liability company,
2 the fingerprints of all managers and members of the limited
3 liability company.
4 4. If the applicant is a partnership, the fingerprints
5 of all partners.
6 (b) In addition to persons identified in paragraph (a)
7 as being required to provide fingerprints, the department may
8 during its prelicensing investigation of the applicant
9 pursuant to subsection (3), on a case-by-case basis, require
10 fingerprints from any other employee of the applicant, if the
11 department has grounds to believe that any such person may
12 have committed any crime and that the person's relationship to
13 the applicant may render the applicant a danger to the public
14 if the license applied for is issued.
15 (12) The licensing authority may by rule establish
16 forms, procedures, and fees for the submission and processing
17 of fingerprints required to be submitted in accordance with
18 this chapter. The licensing authority may by rule waive the
19 requirement for submission of fingerprints otherwise required
20 by this chapter if the person has within the preceding 24
21 months submitted fingerprints to the licensing authority and
22 the licensing authority has obtained a criminal history report
23 utilizing those prior fingerprints. The cost for the
24 fingerprint processing must be paid to the Department of Law
25 Enforcement and may be borne by the department, the employer,
26 or the person subject to the background check.
27 Section 8. Subsection (2) of section 497.143, Florida
28 Statutes, as created by chapter 2004-301, Laws of Florida, is
29 amended to read:
30 497.143 Licensing; limited licenses for retired
31 professionals.--
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1 (2) Any person desiring to obtain a limited license,
2 when permitted by rule, shall submit to the department an
3 application and fee, not to exceed $300, and an affidavit
4 stating that the applicant has been licensed to practice in
5 any jurisdiction in the United States for at least 10 years in
6 the profession for which the applicant seeks a limited
7 license. The affidavit shall also state that the applicant has
8 retired or intends to retire from the practice of that
9 profession and intends to practice only pursuant to the
10 restrictions of the limited license granted pursuant to this
11 section. If the applicant for a limited license submits a
12 notarized statement from the employer stating that the
13 applicant will not receive monetary compensation for any
14 service involving the practice of her or his profession, the
15 application and all licensure fees shall be waived. A person
16 holding a limited license under this section may not engage in
17 preneed sales under such a limited license.
18 Section 9. Subsection (13) of section 497.144, Florida
19 Statutes, as created by chapter 2004-301, Laws of Florida, is
20 amended to read:
21 497.144 Licensing; examinations, general provisions.--
22 (13) When any licensed applicant under this chapter
23 requests a hearing to challenge a decision that the
24 applicant's answer to any licensure test question was not a
25 correct answer, or to seek a determination that a challenged
26 question should be struck, unless the an applicant notifies
27 the department at least 5 days prior to the an examination
28 hearing of the applicant's inability to attend or unless the
29 an applicant can demonstrate an extreme emergency for failing
30 to attend, the department may require the an applicant who
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1 fails to attend to pay reasonable attorney's fees, costs, and
2 court costs of the department for the examination hearing.
3 Section 10. Paragraph (c) of subsection (1) of section
4 497.149, Florida Statutes, as created by chapter 2004-301,
5 Laws of Florida, is amended to read:
6 497.149 Investigations, hearings, and inspections.--
7 (1) INVESTIGATIONS.--Investigations shall be conducted
8 by the department. The following provisions shall apply
9 concerning investigations:
10 (c) If the department finds any accounts or records of
11 a licensee required by this chapter to be created and
12 maintained by the licensee to be inadequate or inadequately
13 kept or posted, it may employ experts to reconstruct, rewrite,
14 post, or balance them at the expense of the person being
15 investigated, provided the person has failed to maintain,
16 complete, or correct such records or accounting after the
17 department has given the licensee her or him notice and a
18 reasonable opportunity to do so.
19 Section 11. Subsection (1) of section 497.151, Florida
20 Statutes, as created by chapter 2004-301, Laws of Florida, is
21 amended, and subsection (4) is added to that section, to read:
22 497.151 Complaints; logs; procedures.--
23 (1) This section shall be applicable to all licensed
24 entities under this chapter licensees under this chapter
25 except preneed sales agent licensees.
26 (4) For purposes of this section, the response of a
27 customer recorded by the customer on a customer satisfaction
28 questionnaire or survey form sent to the customer by the
29 licensee, and returned by the customer to the licensee, shall
30 not be deemed to be a complaint.
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1 Section 12. Section 497.152, Florida Statutes, as
2 created by chapter 2004-301, Laws of Florida, is amended to
3 read:
4 497.152 Disciplinary grounds.--This section sets forth
5 conduct which is prohibited and which shall constitute grounds
6 for denial of any application, imposition of discipline, or
7 and other enforcement action against the licensee or other
8 person committing such conduct. For purposes of this section,
9 the requirements of this chapter include the requirements of
10 rules adopted under authority of this chapter. No subsection
11 heading in this section shall be interpreted as limiting the
12 applicability of any paragraph within the subsection.
13 (1) GENERAL PROVISIONS.--The generality of the
14 provisions of this subsection shall not be deemed to be
15 limited by the provisions of any other subsection.
16 (a) Violating any provision of this chapter or any
17 lawful order of the board or department or of the statutory
18 predecessors to the board or department.
19 (b) Committing fraud, deceit, negligence,
20 incompetency, or misconduct in the practice of any of the
21 activities regulated under this chapter.
22 (c) Failing while holding a license under this chapter
23 to maintain one or more of the qualifications for such
24 license.
25 (d) Refusing to sell or issue a contract or provide
26 services to any person because of the person's race, color,
27 creed, marital status, sex, or national origin.
28 (2) CRIMINAL ACTIVITY.--Being convicted or found
29 guilty of, or entering a plea of nolo contendere to,
30 regardless of adjudication, a crime in any jurisdiction which
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1 relates to the practice of, or the ability to practice, a
2 licensee's profession or occupation under this chapter.
3 (3) DISCIPLINARY ACTION BY OTHER AUTHORITIES.--Having
4 a license or the authority to practice a profession or
5 occupation revoked, suspended, fined, denied, or otherwise
6 acted against or disciplined by the licensing authority of
7 another any jurisdiction, including its agencies or
8 subdivisions, for conduct that would constitute a violation of
9 this chapter if committed in this state or upon grounds which
10 directly relate to the ability to practice under this chapter.
11 The licensing authority's acceptance of a relinquishment of
12 licensure, stipulation, consent order, or other settlement
13 offered in response to or in anticipation of the filing of
14 charges against the license shall be construed as action
15 against the license.
16 (4) OBLIGATIONS TO REGULATORS AND OTHER GOVERNMENT
17 AGENCIES.--
18 (a) Improperly interfering with an investigation or
19 inspection authorized by statute or with any disciplinary
20 proceeding.
21 (b) Failure to comply with a lawfully issued subpoena
22 of the department.
23 (c) Refusal to produce records to the department or
24 board in connection with any activity regulated pursuant to
25 this chapter.
26 (d) Failing to report to the department any violation
27 of this chapter by another person or entity which violation is
28 known to the licensee to have created or be creating a serious
29 and immediate danger to the public health, safety, or welfare
30 person who the licensee knows is in violation of this chapter.
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1 (e) Knowingly concealing information relative to
2 violations of this chapter.
3 (f) Attempting to obtain, obtaining, or renewing a
4 license under this chapter by bribery, false or forged
5 evidence, or misrepresentation, or through an error of the
6 department or board known to the applicant.
7 (g) Making or filing a report or statement to or with
8 any government entity which the licensee knows or has reason
9 to know to be false; or intentionally or negligently failing
10 to file a report or record required to be filed with any
11 government entity, or willfully impeding or obstructing
12 another person to do so, or inducing another person to impede
13 or obstruct such filing.
14 (h) Failing to perform any statutory or legal
15 obligation placed upon a licensee.
16 (5) LIMITATIONS ON SCOPE OF PRACTICE; UNLICENSED
17 PRACTICE.--
18 (a) Practicing or offering to practice beyond the
19 scope permitted by this chapter and rules adopted under this
20 chapter for the type of licensure held or accepting and
21 performing professional responsibilities the licensee knows,
22 or has reason to know, the licensee is not competent to
23 perform.
24 (b) Practicing or attempting to practice with a
25 revoked, suspended, inactive, or delinquent license.
26 (c) Representing as her or his own the license of
27 another.
28 (d) Aiding, assisting, procuring, employing, or
29 advising any person or entity to practice a profession or
30 occupation regulated by this chapter without required
31 licensure under this chapter.
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1 (e) Aiding, assisting, procuring, employing, or
2 advising any person or entity to operate or in operating an
3 establishment regulated by this chapter without the required
4 licensure under this chapter.
5 (f) Delegating to any person the performance of
6 professional activities, or contracting with any person for
7 the performance of professional activities by such person,
8 when the licensee knows or has reason to know the person is
9 not qualified by training, experience, and authorization to
10 perform such responsibilities.
11 (g) Using the name or title "funeral director,"
12 "embalmer," "direct disposer," or other title suggesting
13 licensure which the person using such name or title does not
14 hold.
15 (h) Engaging by a direct disposer in the practice of
16 direct burial or offering the at-need or preneed service of
17 direct burial.
18 (6) EDUCATIONAL REQUIREMENTS.--
19 (a) Failing to comply with applicable educational
20 course requirements pursuant to this chapter or rules adopted
21 under this chapter regarding human immunodeficiency virus and
22 acquired immune deficiency syndrome.
23 (b) Failing to timely comply with applicable
24 continuing education requirements of this chapter.
25 (7) RELATIONS WITH OTHER LICENSEES.--
26 (a) Having been found liable in a civil proceeding for
27 knowingly filing a false report or complaint against another
28 licensee with the department or the board.
29 (b) Making any misleading statements or
30 misrepresentations as to the financial condition of any
31 person, or which are falsely and maliciously critical of any
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1 person for the purpose of damaging that person's business
2 regulated under this chapter.
3 (8) TRANSPORT, CUSTODY, TREATMENT, OR DISINTERMENT OF
4 HUMAN REMAINS.--
5 (a) Violation of any state law or rule or any
6 municipal or county ordinance or regulation affecting the
7 handling, custody, care, or transportation of dead human
8 bodies.
9 (b) Refusing to surrender promptly the custody of a
10 dead human body upon the express order of the person legally
11 authorized to its custody; however, this provision shall be
12 subject to any state or local laws or rules governing custody
13 or transportation of dead human bodies.
14 (c) Taking possession of a dead human body without
15 first having obtained written or oral permission from a
16 legally authorized person. If oral permission is granted, the
17 licensee must obtain written permission within a reasonable
18 time as established by rule.
19 (d) Embalming human remains without first having
20 obtained written or oral permission from a legally authorized
21 person; however, washing and other public health procedures,
22 such as closing of the orifices by placing cotton soaked in a
23 disinfectant in such orifices until authorization to embalm is
24 received, shall not be precluded. If oral permission is
25 granted, the licensee must obtain written permission within a
26 reasonable time as established by board rule.
27 (e) Failing to obtain written authorization from the
28 family or next of kin of the deceased prior to entombment,
29 interment, disinterment, disentombment, or disinurnment of the
30 remains of any human being.
31 (9) SALES PRACTICES IN GENERAL.--
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1 (a) Soliciting by the licensee, or by her or his
2 agent, assistant, or employee, through the use of fraud, undue
3 influence, intimidation, overreaching, or other means which
4 takes advantage of a customer's ignorance or emotional
5 vulnerability.
6 (b) Exercising undue influence on a client for the
7 purpose of financial gain of the licensee or a third party in
8 connection with any transaction regulated by this chapter.
9 (c) Discouraging a customer's purchase of any funeral
10 merchandise or service which is advertised or offered for
11 sale, with the purpose of encouraging the purchase of
12 additional or more expensive merchandise or service, by
13 disparaging its quality or appearance, except that true
14 factual statements concerning features, design, or
15 construction do not constitute disparagement; by
16 misrepresenting its availability or any delay involved in
17 obtaining it; or by suggesting directly or by implication that
18 a customer's concern for price or expressed interest in
19 inexpensive funeral merchandise or services is improper,
20 inappropriate, or indicative of diminished respect or
21 affection for the deceased.
22 (d) Misrepresenting the benefits, advantages,
23 conditions, or terms of any contract to provide any services
24 or merchandise regulated under this chapter.
25 (e) Advertising goods and services in a manner that is
26 fraudulent, deceptive, or misleading in form or content.
27 (f) Directly or indirectly making any deceptive,
28 misleading, or untrue representations, whether oral or
29 written, or employing any trick, scheme, or artifice, in or
30 related to the practice of a profession or occupation
31 regulated under this chapter, including in the advertising or
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1 sale of any merchandise or services related to the practice of
2 the profession or occupation.
3 (10) SPECIFIC MISREPRESENTATIONS.--
4 (a) Making any false or misleading statement of the
5 legal requirement as to the necessity of any particular burial
6 or funeral merchandise or services.
7 (b) Making any oral, written, or visual
8 representations, directly or indirectly, that any funeral
9 merchandise or service is offered for sale when such is not a
10 bona fide offer to sell such merchandise or service.
11 (c) Making any misrepresentation for the purpose of
12 inducing, or tending to induce, the lapse, forfeiture,
13 exchange, conversion, or surrender of any preneed contract or
14 any life insurance policy pledged or assigned to secure
15 payment for funeral or burial goods or services.
16 (d) Misrepresenting pertinent facts or prepaid
17 contract provisions relating to funeral or burial merchandise
18 or services.
19 (e) Misrepresenting the amount advanced on behalf of a
20 customer for any item of service or merchandise, including,
21 but not limited to, cemetery or crematory services,
22 pallbearers, public transportation, clergy honoraria, flowers,
23 musicians or singers, nurses, obituary notices, gratuities,
24 and death certificates, described as cash advances,
25 accommodations, or words of similar import on the contract,
26 final bill, or other written evidence of agreement or
27 obligation furnished to customers; however, nothing in this
28 paragraph shall require disclosure of a discount or rebate
29 which may accrue to a licensee subsequent to making a cash
30 advance.
31
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1 (f) Making any false or misleading statement or claim
2 that natural decomposition or decay of human remains can be
3 prevented or substantially delayed by embalming, use of a
4 gasketed or ungasketed casket, or use of an adhesive or
5 nonadhesive closure on an outer burial container.
6 (g) Making any false or misleading statement, oral or
7 written, directly or indirectly, regarding any law or rule
8 pertaining to the preparation for disposition, transportation
9 for disposition, or disposition of dead human bodies.
10 (h) Making any false or misleading statements of the
11 legal requirement as to the conditions under which
12 preservation of a dead human body is required or as to the
13 necessity of a casket or outer burial container.
14 (11) SPECIFIC SALES PRACTICES.--
15 (a) Failing to furnish, for retention, to each
16 purchaser of burial rights, burial or funeral merchandise, or
17 burial or funeral services a written agreement, the form of
18 which has been previously approved if and as required by this
19 chapter, which lists in detail the items and services
20 purchased together with the prices for the items and services
21 purchased; the name, address, and telephone number of the
22 licensee; the signatures of the customer and the licensee or
23 her or his representative; and the date signed.
24 (b) Filling in any contract form for use with a
25 particular customer, using language that Using any name or
26 title in any contract regulated under this chapter which
27 misrepresents the true nature of the contract.
28 (c) Selling an irrevocable preneed contract to a
29 person who is not an applicant for or recipient of
30 Supplemental Security Income or Aid to Families with Dependent
31 Children or pursuant to s. 497.459(6)(a).
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1 (d) Except as authorized in part IV of this chapter,
2 guaranteeing the price of goods and services at a future date.
3 (e) Requiring that a casket be purchased for cremation
4 or claiming directly or by implication that a casket is
5 required for cremation.
6 (f) When displaying any caskets for sale, failing to
7 display the least expensive casket offered for sale or use in
8 adult funerals in the same general manner as the funeral
9 service industry member's other caskets are displayed.
10 (g) Assessing fees and costs that have not been
11 disclosed to the customer in connection with any transaction
12 regulated by this chapter.
13 (h) Failure by a cemetery licensed under this chapter
14 to provide to any person, upon request, a copy of the cemetery
15 bylaws.
16 (i) Requirements by a cemetery licensee that lot
17 owners or current customers make unnecessary visits to the
18 cemetery company office for the purpose of solicitation.
19 (12) DISCLOSURE REQUIREMENTS.--
20 (a) Failure to disclose, when such disclosure is
21 desired, the components of the prices for alternatives offered
22 by the licensee from whom disclosure is requested, such as
23 graveside service, direct disposition, and body donation
24 without any rites or ceremonies prior to the delivery of the
25 body and prices of service if there are to be such after the
26 residue has been removed following the use thereof.
27 (b) Failing to furnish, for retention, to anyone who
28 inquires in person about burial rights, burial or funeral
29 merchandise, or burial or funeral services, before any
30 discussion of selection, a printed or typewritten list
31 specifying the range of retail prices for such rights,
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1 merchandise, or services. At a minimum, the list shall itemize
2 the highest and lowest priced product and service regularly
3 offered and shall include the name, address, and telephone
4 number of the licensee and statements that the customer may
5 choose only the items the customer desires, that the customer
6 will be charged for only those items selected, and that there
7 may be other charges for other items or other services.
8 (c) Failing to reasonably provide by telephone, upon
9 request, accurate information regarding the retail prices of
10 funeral merchandise and services offered for sale by that
11 licensee.
12 (d) Failure by a funeral director to make full
13 disclosure in the case of a funeral or direct disposition with
14 regard to the use of funeral merchandise which is not to be
15 disposed of with the body or failure to obtain written
16 permission from the purchaser regarding disposition of such
17 merchandise.
18 (e) Failure by any funeral director to fully disclose
19 all of her or his available services and merchandise prior to
20 the selection of a casket offered by a licensee. The full
21 disclosure required shall identify what is included in the
22 funeral or direct disposition and the prices of all services
23 and merchandise provided by the licensee or registrant.
24 (f) Failing to have the price of any casket offered
25 for sale clearly marked on or in the casket, whether the
26 casket is displayed at a funeral establishment or at any other
27 location, regardless of whether the licensee is in control of
28 such location. If a licensee uses books, catalogs, brochures,
29 or other printed display aids, the price of each casket shall
30 be clearly marked.
31
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1 (g) Failing to disclose all fees and costs the
2 customer may incur to use the burial rights or merchandise
3 purchased.
4 (13) CONTRACT OBLIGATIONS.--
5 (a) Failing without reasonable justification to timely
6 honor contracts entered into by the licensee or under the
7 licensee's license for funeral or burial merchandise or
8 services.
9 (b) Failure to honor preneed contract cancellation
10 requests and make refunds as required by the chapter.
11 (14) OBLIGATIONS REGARDING COMPLAINTS AND CLAIMS BY
12 CUSTOMERS.--
13 (a) Failing to adopt and implement standards for the
14 proper investigation and resolution of claims and complaints
15 received by a licensee relating to the licensee's activities
16 regulated by this chapter.
17 (b) Committing or performing with such frequency as to
18 indicate a general business practice any of the following:
19 1. Failing to acknowledge and act promptly upon
20 communications from a licensee's customers and their
21 representatives with respect to claims or complaints relating
22 to the licensee's activities regulated by this chapter.
23 2. Denying claims or rejecting complaints received by
24 a licensee from a customer or customer's representative,
25 relating to the licensee's activities regulated by this
26 chapter, without first conducting reasonable investigation
27 based upon available information.
28 3. Attempting to settle a claim or complaint on the
29 basis of a material document which was altered without notice
30 to, or without the knowledge or consent of, the contract
31 purchaser or her or his representative or legal guardian.
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1 4. Failing within a reasonable time to affirm or deny
2 coverage of specified services or merchandise under a contract
3 entered into by a licensee upon written request of the
4 contract purchaser or her or his representative or legal
5 guardian.
6 5. Failing to promptly provide, in relation to a
7 contract for funeral or burial merchandise or services entered
8 into by the licensee or under the licensee's license, a
9 reasonable explanation to the contract purchaser or her or his
10 representative or legal guardian of the licensee's basis for
11 denying or rejecting all or any part of a claim or complaint
12 submitted.
13 (c) Making a material misrepresentation to a contract
14 purchaser or her or his representative or legal guardian for
15 the purpose and with the intent of effecting settlement of a
16 claim or complaint or loss under a prepaid contract on less
17 favorable terms than those provided in, and contemplated by,
18 the prepaid contract.
19 (d) Failing to maintain a complete copy of every
20 complaint received by the licensee since the date of the last
21 examination of the licensee by the department. For purposes of
22 this subsection, the term "complaint" means any written
23 communication primarily expressing a grievance and which
24 communication is from:
25 1. A representative or family member of a deceased
26 person interred at the licensee's facilities or using the
27 licensee's services, or which deceased's remains were the
28 subject of any service provided by the licensee or licensee's
29 business; or
30 2. A person, or such person's family member or
31 representative, who inquired of the licensee or licensee's
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1 business concerning the purchase of, or who purchased or
2 contracted to purchase, any funeral or burial merchandise or
3 services from the licensee or licensee's business.
4
5 For purposes of this subsection, the response of a customer
6 recorded by the customer on a customer satisfaction
7 questionnaire or survey form sent to the customer by the
8 licensee, and returned by the customer to the licensee, shall
9 not be deemed to be a complaint.
10 (15) MISCELLANEOUS FINANCIAL MATTERS.--
11 (a) Failing to timely pay any fee required by this
12 chapter.
13 (b) Failing to timely remit as required by this
14 chapter the required amounts to any trust fund required by
15 this chapter. The board may, by rule, provide criteria for
16 identifying minor, nonwillful trust remittance deficiencies;
17 remittance deficiencies falling within such criteria, if fully
18 corrected within 30 days after notice to the licensee by the
19 department, do not constitute a disciplinary violation.
20 (c) Paying to or receiving from any organization,
21 agency, or person, either directly or indirectly, any
22 commission, bonus, kickback, or rebate in any form whatsoever
23 for any business regulated under this chapter, whether such
24 payments are made or received by the licensee, or her or his
25 agent, assistant, or employee; however, this provision shall
26 not prohibit the payment of commissions by a funeral director,
27 funeral establishment, cemetery, or monument establishment to
28 its preneed agents licensed pursuant to this chapter or to
29 licensees under this chapter.
30 Section 13. Subsection (1), paragraph (b) of
31 subsection (2), and paragraph (c) of subsection (4) of section
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1 497.153, Florida Statutes, as created by chapter 2004-301,
2 Laws of Florida, are amended to read:
3 497.153 Disciplinary procedures and penalties.--
4 (1) JURISDICTION OF LICENSING AUTHORITY TO INVESTIGATE
5 AND PROSECUTE.--The expiration, nonrenewal, or surrender of
6 licensure under this chapter shall not eliminate jurisdiction
7 in the licensing authority to investigate and prosecute for
8 violations committed by a licensee while licensed under this
9 chapter. The prosecution of any matter may be initiated or
10 continued notwithstanding the withdrawal of any complaint.
11 (2) DETERMINATION OF PROBABLE CAUSE.--
12 (b) Prior to submitting a matter to the probable cause
13 panel, the licensee who is the subject of the matter shall be
14 provided by the department with a copy of any written
15 complaint received by the department in the matter and shall
16 be advised that the licensee she or he may, within 20 days
17 after receipt of a copy of such complaint from the department,
18 submit to the department a written response. Any response
19 timely received by the department shall be provided by the
20 department to the probable cause panel. Licensees may not
21 appear in person or through a representative at any probable
22 cause panel proceeding. This paragraph shall not apply to
23 emergency action.
24 (4) ACTION AFTER PROBABLE CAUSE FOUND.--
25 (c) The department may at any time present to the
26 board a proposed settlement by consent order or otherwise of
27 any matter as to which probable cause has been found. If the
28 board accepts the proposed settlement, it may execute and file
29 the consent order as its final order in the matter or may
30 otherwise issue its final order in the matter shall issue its
31 final order adopting the settlement. If the board does not
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1 accept such settlement, the prosecution of the matter shall be
2 resumed. No settlement of any disciplinary matter as to which
3 probable cause has been found may be entered into by the board
4 prior to receipt of a recommended order of an administrative
5 law judge without the department's concurrence.
6 Section 14. Subsection (1) of section 497.158, Florida
7 Statutes, as renumbered and amended by section 28 of chapter
8 2004-301, Laws of Florida, is amended to read:
9 497.158 Court enforcement actions; powers; abatement
10 of nuisances.--
11 (1) In addition to or in lieu of other actions
12 authorized by this chapter, the department may petition the
13 courts of this state for injunctive or other relief against
14 any licensed or unlicensed person for the enforcement of this
15 chapter and orders issued under this chapter. The court shall
16 be authorized to impose a fine of up to $5,000 per violation
17 on any licensee under this chapter and up to $10,000 on any
18 person not licensed under this chapter, payable to the
19 department, upon any person determined by the court to have
20 violated this chapter, and may order payment to the department
21 of the department's attorney's fees and litigation costs, by
22 any person found to have violated this chapter.
23 Section 15. Subsections (1), (3), and (4) and
24 paragraph (a) of subsection (5) of section 497.159, Florida
25 Statutes, as created by chapter 2004-301, Laws of Florida, are
26 amended to read:
27 497.159 Crimes.--
28 (1) The theft of an examination in whole or in part or
29 the act of unauthorized reproducing, circulating, or copying
30 of any questions or answers on, from, or for any prelicensure
31 examination administered by the department or the board,
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1 whether such examination is reproduced or copied in part or in
2 whole and by any means, constitutes a felony of the third
3 degree, punishable as provided in s. 775.082, s. 775.083, or
4 s. 775.084.
5 (3) Any individual who willfully obstructs the
6 department or its examiner in any examination or investigation
7 authorized by this chapter is guilty of a misdemeanor of the
8 second degree and is, in addition to any disciplinary action
9 under this chapter, punishable as provided in s. 775.082 or s.
10 775.083. The initiation of action in any court by or on behalf
11 of any licensee to terminate or limit any examination or
12 investigation under this chapter shall not constitute a
13 violation under this subsection.
14 (4) Any officer or director, or person occupying
15 similar status or performing similar functions, of a preneed
16 licensee who fails licensee under this chapter who knowingly
17 directs or causes the failure to make required deposits to any
18 trust fund required by this chapter; any director, officer,
19 agent, or employee of a preneed licensee who makes any
20 unlawful withdrawal of funds from any such account or who
21 knowingly discloses to the department or an employee thereof
22 any false report made pursuant to this chapter; or any person
23 who willfully violates any of the provisions of part II, part
24 IV or part V, or with knowledge that such required deposits
25 are not being made as required by law fails to report such
26 failure to the department, or who knowingly directs or causes
27 the unlawful withdrawal of funds from any trust fund required
28 by this chapter, commits a felony of the third degree,
29 punishable as provided in s. 775.082, s. 775.083, or s.
30 775.084.
31
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1 (5)(a) A No cemetery company or other legal entity
2 conducting or maintaining any public or private cemetery may
3 not deny burial space to any person because of race, creed,
4 marital status, sex, national origin, or color. A cemetery
5 company or other entity operating any cemetery may designate
6 parts of cemeteries or burial grounds for the specific use of
7 persons whose religious code requires isolation. Religious
8 institution cemeteries may limit burials to members of the
9 religious institution and their families.
10 Section 16. Paragraphs (g) and (h) of subsection (1)
11 and subsection (3) of section 497.161, Florida Statutes, as
12 created by chapter 2004-301, Laws of Florida, are amended to
13 read:
14 497.161 Other rulemaking provisions.--
15 (1) In addition to such other rules as are authorized
16 or required under this chapter, the following additional
17 rules, not inconsistent with this chapter, shall be authorized
18 by the licensing authority.
19 (g) Rules establishing procedures by which the
20 department may use the expert or technical advice of the board
21 or members of the board for the purposes of any investigation,
22 inspection, or financial examination, without thereby
23 disqualifying the board member from voting on final action in
24 the matter.
25 (g)(h) In connection with the statutory revisions by
26 the 2004 2005 Regular Session of the Legislature merging
27 chapters 470 and 497 as those chapters appeared in the 2003
28 2004 edition of the Florida Statutes and the elimination of
29 the former boards under those chapters and the movement of
30 regulation out of the Department of Business and Professional
31 Regulation, the licensing authority shall through July 1,
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1 2006, be deemed to have extraordinary rulemaking authority to
2 adopt any and all rules jointly agreed by the board and the
3 department to be necessary for the protection of the public
4 concerning the regulation of the professions and occupations
5 regulated under this chapter, or for the relief of licensees
6 regulated under this chapter concerning any impacts which the
7 department and the board jointly agree were unintended or not
8 contemplated in the enactment of the 2004 2005 legislative
9 changes. The authority under this paragraph and any rules
10 adopted under authority of this paragraph shall expire July 1,
11 2006.
12 (3) The department and the board shall each have
13 standing under chapter 120 for the purposes of challenging
14 rules or proposed rules under this chapter. This subsection
15 shall not be interpreted to deny standing to a licensee to
16 challenge any rule under this chapter if the licensee would
17 otherwise have standing.
18 Section 17. Section 497.165, Florida Statutes, as
19 renumbered and amended by chapter 2004-30, Florida Statutes,
20 is amended to read:
21 497.165 Liability of owners, directors, and officers
22 regarding trust funds.--The owners, officers, and directors of
23 any licensee under this chapter may be held jointly and
24 severally liable for any deficiency in any trust fund required
25 by this chapter, to the extent the deficiency arose during the
26 period they were owners, officers or directors of the
27 licensee, if they intentionally or through gross their
28 conduct, or their negligence in the performance of their
29 duties, caused the deficiency or substantially contributed to
30 conditions that allowed the deficiency to arise or increase.
31
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1 Section 18. Subsections (1) and (3) of section
2 497.166, Florida Statutes, as created by chapter 2004-301,
3 Laws of Florida, are amended to read:
4 497.166 Preneed sales.--
5 (1) Regulation of preneed sales shall be as set forth
6 in part IV of this chapter. A No person may not act as an
7 agent for a preneed licensee funeral establishment or direct
8 disposal establishment with respect to preneed contracts
9 unless the such person is licensed as a preneed sales agent
10 pursuant to part IV of this chapter or is a licensed funeral
11 director acting as a preneed sales agent.
12 (3)(a) The funeral director in charge of a funeral
13 establishment shall be responsible for the control and
14 activities of the establishment's preneed sales agents.
15 (b) The direct disposer in charge or a funeral
16 director acting as a direct disposer in charge of a direct
17 disposal establishment shall be responsible for the control
18 and activities of the establishment's preneed sales agents.
19 (c) The responsibility imposed by this subsection on
20 the funeral director and direct disposer in charge is a duty
21 of reasonable supervision and not absolute liability. The
22 responsibility of the funeral director or direct disposer in
23 charge shall be in addition to the responsibility of the
24 preneed licensee for the conduct of the preneed sales agents
25 it employs.
26 Section 19. Subsection (2) of section 497.169, Florida
27 Statutes, as renumbered and amended by section 39 of chapter
28 2004-301, Laws of Florida, is amended to read:
29 497.169 Private actions; actions on behalf of
30 consumers; attorney's fee.--
31
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1 (2) In any civil litigation resulting from a
2 transaction involving a violation of this chapter by a
3 cemetery company or burial rights broker licensed under part
4 II, a monument establishment licensed under part V, or a
5 preneed entity or preneed sales agent licensed under part IV,
6 the court may award to the prevailing party and against the
7 cemetery company, burial rights broker, monument
8 establishment, or preneed entity or sales agent, after
9 judgment in the trial court and exhaustion of any appeal,
10 reasonable attorney's fees and costs from the nonprevailing
11 party in an amount to be determined by the trial court. Any
12 award of attorney's fees or costs shall become a part of the
13 judgment and shall be subject to execution as the law allows.
14 This subsection does not apply to licensees licensed under
15 part III or part VI.
16 Section 20. Section 497.171, Florida Statutes, is
17 created to read:
18 497.171 Identification of human remains.--
19 (1) PRIOR TO FINAL DISPOSITION.--
20 (a) This subsection applies to licensees under parts
21 III and VI.
22 (b) The licensee in charge of the final disposition of
23 dead human remains shall, prior to final disposition of such
24 dead human remains, affix on the ankle or wrist of the
25 deceased, and on the casket or alternative container or
26 cremation container, proper identification of the dead human
27 remains. The identification or tag shall be encased in or
28 consist of durable and long-lasting material containing the
29 name, date of birth, and date of death of the deceased, if
30 available. The board may adopt rules specifying acceptable
31 materials for such identification tags, acceptable locations
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1 for the tags on the casket or alternative container or
2 cremation container, and acceptable methods of affixing the
3 tags.
4 (c) If the dead human remains are cremated, proper
5 identification shall be placed in the container or urn
6 containing the remains.
7 (d) Any licensee responsible for removal of dead human
8 remains to any establishment, facility, or location shall
9 ensure that the remains are identified by a tag or other means
10 of identification that is affixed to the ankle or wrist of the
11 deceased at the time the remains are removed from the place of
12 death or other location.
13 (2) INTERMENT IN UNLICENSED CEMETERIES.--The
14 identification of human remains interred in an unlicensed
15 cemetery shall be the responsibility of the licensed funeral
16 establishment in charge of the funeral arrangements for the
17 deceased person. The licensed funeral establishment in charge
18 of the funeral arrangements for the interment in an unlicensed
19 cemetery of human remains shall place on the outer burial
20 container, cremation interment container, or other container
21 or on the inside of a crypt or niche a tag or permanent
22 identifying mark containing the name of the decedent and the
23 date of death, if available. The materials and locations of
24 the tag or mark shall be more specifically described by rule
25 of the licensing authority.
26 (3) INTERMENT IN LICENSED CEMETERIES.--
27 (a) This subsection applies to cemetery licensees
28 under part II.
29 (b) As to interments in a licensed cemetery, each
30 licensed cemetery shall place on the outer burial container,
31 cremation interment container, or other container or on the
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1 inside of a crypt or niche a tag or permanent identifying
2 marker containing the name of the decedent and the date of
3 death, if available. The materials and the location of the tag
4 or marker shall be more specifically described by rule of the
5 licensing authority.
6 (c) Each licensed cemetery may rely entirely on the
7 identity stated on the burial transit permit or on the
8 identification supplied by a person licensed under this
9 chapter to establish the identity of the dead human remains
10 delivered by such person for burial and shall not be liable
11 for any differences between the identity shown on the burial
12 transit permit or identification and the actual identity of
13 the dead human remains delivered by such person and buried in
14 the cemetery.
15 (4) DIRECT DISPOSAL ESTABLISHMENTS.--Direct disposal
16 establishments shall establish a system of identification of
17 human remains received which shall be designed to track the
18 identity of the remains from the time of receipt until
19 delivery of the remains to the authorized persons. This is in
20 addition to the requirements for identification of human
21 remains set forth in subsection (1). A copy of the
22 identification procedures shall be available, upon request, to
23 the department and legally authorized persons.
24 (5) RELIANCE ON LEGALLY AUTHORIZED PERSON.--Any
25 licensee charged with responsibility under this section may
26 rely on the representation of a legally authorized person to
27 establish the identity of dead human remains.
28 Section 21. Paragraph (b) of subsection (6) of section
29 497.260, Florida Statutes, as renumbered and amended by
30 section 42 of chapter 2004-301, Laws of Florida, is amended to
31 read:
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1 497.260 Cemeteries; exemption; investigation and
2 mediation.--
3 (6)(b) A No cemetery company or other legal entity
4 conducting or maintaining any public or private cemetery may
5 not deny burial space to any person because of race, creed,
6 marital status, sex, national origin, or color. A cemetery
7 company or other entity operating any cemetery may designate
8 parts of cemeteries or burial grounds for the specific use of
9 persons whose religious code requires isolation. Religious
10 institution cemeteries may limit burials to members of the
11 religious institution and their families.
12 Section 22. Paragraphs (b), (m), (o), and (q) of
13 subsection (2) of section 497.263, Florida Statutes, as
14 renumbered and amended by section 45 of chapter 2004-301, Laws
15 of Florida, are amended to read:
16 497.263 Cemetery companies; license required;
17 licensure requirements and procedures.--
18 (2) APPLICATION PROCEDURES.--
19 (b) The applicant shall be a corporation, or a
20 partnership, or a limited liability company formed prior to
21 January 1, 2005, which limited liability company already holds
22 a license under this chapter.
23 (m) The applicant shall be required to make disclosure
24 of the applicant's criminal records, if any, as required by s.
25 497.142. The application shall require the applicant to
26 disclose whether the applicant or any principal of the
27 applicant has ever been convicted or found guilty of, or
28 entered a plea of no contest to, regardless of adjudication,
29 any crime in any jurisdiction. The licensing authority may
30 require by rule additional information to be provided
31 concerning any affirmative answers.
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1 (o) The applicant shall submit fingerprints in
2 accordance with s. 497.142. The application shall require the
3 applicant and applicant's principals to provide fingerprints
4 in accordance with part I of this chapter.
5 (q) The application shall be signed in accordance with
6 s. 497.141(12) by the president of the applicant.
7 Section 23. Paragraphs (h), (j), and (l) of subsection
8 (2) of section 497.264, Florida Statutes, as renumbered and
9 amended by chapter 2004-301, Laws of Florida, are amended to
10 read:
11 497.264 License not assignable or transferable.--
12 (2) Any person or entity that seeks to purchase or
13 otherwise acquire control of any cemetery licensed under this
14 chapter shall first apply to the licensing authority and
15 obtain approval of such purchase or change in control.
16 (h) The applicant shall be required to make disclosure
17 of applicant's criminal records, if any, as required by s.
18 497.142. The application shall require the applicant to
19 disclose whether the applicant or any principal of the
20 applicant has ever been convicted or found guilty of, or
21 entered a plea of no contest to, regardless of adjudication,
22 any crime in any jurisdiction. The licensing authority may
23 require by rule additional information to be provided
24 concerning any affirmative answers.
25 (j) The applicant shall submit fingerprints in
26 accordance with s. 497.142. The application shall require the
27 applicant and the applicant's principals to provide
28 fingerprints in accordance with part I of this chapter.
29 (l) The application shall be signed in accordance with
30 s. 497.141(12) by the applicant if a natural person, otherwise
31 by the president of the applicant.
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1 Section 24. Section 497.281, Florida Statutes, as
2 renumbered and amended by section 62 of chapter 2004-301, Laws
3 of Florida, is amended to read:
4 497.281 Licensure of brokers of burial rights.--
5 (1) No person shall receive compensation to act as a
6 third party to the sale or transfer of three or more burial
7 rights in a 12-month period unless the person pays a license
8 fee as determined by licensing authority rule but not to
9 exceed $250 and is licensed with the department as a burial
10 rights broker in accordance with this section.
11 (2)(a) The applicant shall be required to make
12 disclosure of the applicant's criminal records, if any, as
13 required by s. 497.142.
14 (b) The application must require the applicant to
15 disclose whether the applicant or any principal of the
16 applicant has ever had a license or the authority to practice
17 a profession or occupation refused, suspended, fined, denied,
18 or otherwise acted against or disciplined by the licensing
19 authority of any jurisdiction. The licensing authority may
20 require, by rule, additional information to be provided
21 concerning any affirmative answers. A licensing authority's
22 acceptance of a relinquishment of licensure, stipulation,
23 consent order, or other settlement, offered in response to or
24 in anticipation of the filing of charges against the license,
25 shall be construed as action against the license. The
26 licensing authority may require, by rule, additional
27 information to be provided concerning any affirmative answers.
28 (c) The applicant shall submit fingerprints in
29 accordance with s. 497.142. The application shall be signed in
30 accordance with s. 497.141(12).
31
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1 (d) The applicant shall demonstrate by clear and
2 convincing evidence that the applicant has the ability,
3 experience, and integrity to act as a burial broker and, if
4 the applicant is an entity, that the applicant's principals
5 are of good character.
6 (3) The licensing authority shall by rule establish
7 requirements for minimum records to be maintained by licensees
8 under this section, for the purpose of preventing confusion
9 and error by the licensee or by the cemeteries in which the
10 burial rights are located as to the status as sold or unsold,
11 and the identity of the owner, of the burial rights and
12 related interment spaces in the cemetery.
13 (4) The licensing authority may, by rule, require
14 inspections of the records of licensees under this section.
15 (5)(2) The department, by rule, shall provide for the
16 biennial renewal of licenses under this section and a renewal
17 fee as determined by licensing authority rule but not to
18 exceed $250.
19 (6)(3) The licensure requirements of this section do
20 shall not apply to persons otherwise licensed pursuant to this
21 chapter, but such persons, if they engage in activity as a
22 burial rights broker, are subject to rules relating to
23 required records and inspections.
24 (4) The licensing authority may by rule specify
25 records of brokerage transactions which shall be required to
26 be maintained by burial rights brokers licensed under this
27 subsection, and which shall be subject to inspection by the
28 department.
29 Section 25. Subsection (12) is added to section
30 497.365, Florida Statutes, to read:
31 497.365 Licensure; inactive and delinquent status.--
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1 (12) The board shall prescribe, by rule, an
2 application fee for inactive status, a renewal fee for
3 inactive status, a delinquency fee, and a fee for reactivation
4 of a license. The amount of any such fee may not exceed the
5 amount of the biennial renewal fee established by the board
6 for an active license. The department may not reactivate a
7 license unless the inactive or delinquent licensee has paid
8 any applicable biennial renewal or delinquency fee, or both,
9 and a reactivation fee.
10 Section 26. Paragraph (c) of subsection (1) of section
11 497.368, Florida Statutes, as renumbered and amended by
12 section 73 of chapter 2004-301, Laws of Florida, is amended to
13 read:
14 497.368 Embalmers; licensure as an embalmer by
15 examination; provisional license.--
16 (1) Any person desiring to be licensed as an embalmer
17 shall apply to the licensing authority to take the licensure
18 examination. The licensing authority shall examine each
19 applicant who has remitted an examination fee set by rule of
20 the licensing authority not to exceed $200 plus the actual per
21 applicant cost to the licensing authority for portions of the
22 examination and who has:
23 (c) Made disclosure of applicant's criminal records,
24 if any, as required by s. 497.142. The applicant shall submit
25 fingerprints in accordance with s. 497.142. The applicant may
26 not be licensed under this section unless the licensing
27 authority determines that the applicant is of good character
28 and has no demonstrated history of lack of trustworthiness or
29 integrity in business or professional matters. Had no
30 conviction or finding of guilt, regardless of adjudication,
31
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1 for a crime which directly relates to the ability to practice
2 embalming or the practice of embalming.
3 Section 27. Paragraph (d) is added to subsection (1)
4 of section 497.369, Florida Statutes, as renumbered and
5 amended by section 74 of chapter 2004-301, Laws of Florida, to
6 read:
7 497.369 Embalmers; licensure as an embalmer by
8 endorsement; licensure of a temporary embalmer.--
9 (1) The licensing authority shall issue a license by
10 endorsement to practice embalming to an applicant who has
11 remitted an examination fee set by rule of the licensing
12 authority not to exceed $200 and who the licensing authority
13 certifies:
14 (d) Has 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 that 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.
22 Section 28. Paragraph (c) of subsection (1) of section
23 497.373, Florida Statutes, as renumbered and amended by
24 section 78 of chapter 2004-301, Laws of Florida, is amended to
25 read:
26 497.373 Funeral directing; licensure as a funeral
27 director by examination; provisional license.--
28 (1) Any person desiring to be licensed as a funeral
29 director shall apply to the licensing authority to take the
30 licensure examination. The licensing authority shall examine
31 each applicant who has remitted an examination fee set by rule
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1 of the licensing authority not to exceed $200 plus the actual
2 per applicant cost to the licensing authority for portions of
3 the examination and who the licensing authority certifies has:
4 (c) Made disclosure of the applicant's criminal
5 records, if any, as required by s. 497.142. The applicant
6 shall submit fingerprints in accordance with s. 497.142. The
7 applicant may not be licensed under this section unless the
8 licensing authority determines that the applicant is of good
9 character and has no demonstrated history of lack of
10 trustworthiness or integrity in business or professional
11 matters. Had no conviction or finding of guilt, regardless of
12 adjudication, for a crime which directly relates to the
13 ability to practice funeral directing or the practice of
14 funeral directing.
15 Section 29. Paragraph (d) is added to subsection (1)
16 of section 497.374, Florida Statutes, as renumbered and
17 amended by section 79 of chapter 2004-301, Laws of Florida, to
18 read:
19 497.374 Funeral directing; licensure as a funeral
20 director by endorsement; licensure of a temporary funeral
21 director.--
22 (1) The licensing authority shall issue a license by
23 endorsement to practice funeral directing to an applicant who
24 has remitted a fee set by rule of the licensing authority not
25 to exceed $200 and who:
26 (d) Has made disclosure of the applicant's criminal
27 records, if any, as required by s. 497.142. The applicant
28 shall submit fingerprints in accordance with s. 497.142. The
29 applicant may not be licensed under this section unless the
30 licensing authority determines that the applicant is of good
31 character and has no demonstrated history of lack of
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1 trustworthiness or integrity in business or professional
2 matters.
3 Section 30. Subsection (1) of section 497.376, Florida
4 Statutes, as renumbered and amended by section 81 of chapter
5 2004-301, Laws of Florida, is amended to read:
6 497.376 License as funeral director and embalmer
7 permitted; display of license.--
8 (1) Nothing in this chapter may be construed to
9 prohibit a person from holding a license as an embalmer and a
10 license as a funeral director at the same time. There may be
11 issued and renewed by the licensing authority a combination
12 license as both funeral director and embalmer to persons
13 meeting the separate requirements for both licenses as set
14 forth in this chapter. The licensing authority may adopt rules
15 providing procedures for applying for and renewing such a
16 combination license. The licensing authority may, by rule,
17 establish application, renewal, and other fees for such a
18 combination license, which fees may not exceed the sum of the
19 maximum fees for the separate funeral director and embalmer
20 license categories as provided in this chapter. A person who
21 holds a combination license as a funeral director and embalmer
22 is subject to regulation under this chapter both as a funeral
23 director and an embalmer.
24 Section 31. Subsection (1) of section 497.378, Florida
25 Statutes, as renumbered and amended by chapter 2004-301, Laws
26 of Florida, is amended to read:
27 497.378 Renewal of funeral director and embalmer
28 licenses.--
29 (1) There shall be renewed a funeral director or
30 embalmer license upon receipt of the renewal application and
31 fee set by the licensing authority not to exceed $500 $250.
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1 The licensing authority may prescribe by rule continuing
2 education requirements of up to 12 classroom hours and may by
3 rule establish criteria for accepting alternative nonclassroom
4 continuing education on an hour-for-hour basis, in addition to
5 a licensing authority-approved course on communicable diseases
6 that includes the course on human immunodeficiency virus and
7 acquired immune deficiency syndrome required by s. 497.367,
8 for the renewal of a funeral director or embalmer license. The
9 rule may provide for the waiver of continuing education
10 requirements in circumstances that would justify the waiver,
11 such as hardship, disability, or illness. The continuing
12 education requirement is not required after July 1, 1996, for
13 a licensee who is over the age of 75 years if the licensee
14 does not qualify as the sole person in charge of an
15 establishment or facility.
16 Section 32. Subsections (1), (4), (5), and (12) of
17 section 497.380, Florida Statutes, as renumbered and amended
18 by section 85 of chapter 2004-301, Laws of Florida, are
19 amended to read:
20 497.380 Funeral establishment; licensure.--
21 (1) A funeral establishment shall be a place at a
22 specific street address or location consisting of at least
23 1,250 contiguous interior square feet and must maintain or
24 make arrangements for either capacity for the refrigeration
25 and storage of dead human bodies handled and stored by the
26 establishment and a preparation room equipped with necessary
27 ventilation and drainage and containing necessary instruments
28 for embalming dead human bodies or must make arrangements for
29 a preparation room as established by rule.
30 (4) Application for a funeral establishment license
31 shall be made on forms and pursuant to procedures specified by
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1 rule, shall be accompanied by a nonrefundable fee not to
2 exceed $300 as set by licensing authority rule, and shall
3 include the name of the licensed funeral director who is in
4 charge of that establishment. The applicant shall be required
5 to make disclosure of the applicant's criminal records, if
6 any, as required by s. 497.142. The applicant shall submit
7 fingerprints in accordance with s. 497.142. A duly completed
8 application accompanied by the required fees shall be approved
9 and the license issued if the proposed funeral establishment
10 has passed an inspection pursuant to rule of the licensing
11 authority, the licensing authority determines the applicant is
12 of good character and has no demonstrated history of lack of
13 trustworthiness or integrity in business or professional
14 matters, and the applicant otherwise is in compliance with all
15 applicable requirements of this chapter.
16 (5) A funeral establishment license shall be renewable
17 biennially pursuant to procedures, and upon payment of a
18 nonrefundable fee not to exceed $500 $300, as set by licensing
19 authority rule. The licensing authority may also establish by
20 rule a delinquency fee not to exceed $50 per day.
21 (12)(a) A change in ownership of a funeral
22 establishment shall be promptly reported pursuant to
23 procedures established by rule and shall require the
24 relicensure of the funeral establishment, including
25 reinspection and payment of applicable fees.
26 (b) A change in location of a funeral establishment
27 shall be promptly reported to the licensing authority pursuant
28 to procedures established by rule. Operations by the licensee
29 at a new location may not commence until an inspection by the
30 licensing authority of the facilities, pursuant to rules of
31
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1 the licensing authority, has been conducted and passed at the
2 new location.
3 Section 33. Paragraphs (a) and (g) of subsection (1)
4 and paragraphs (a), (f), and (g) of subsection (2) of section
5 497.385, Florida Statutes, as renumbered and amended by
6 section 90 of chapter 2004-301, Laws of Florida, are amended,
7 and paragraph (i) is added to subsection (2) of that section,
8 to read:
9 497.385 Removal services; refrigeration facilities;
10 centralized embalming facilities.--In order to ensure that the
11 removal, refrigeration, and embalming of all dead human bodies
12 is conducted in a manner that properly protects the public's
13 health and safety, the licensing authority shall adopt rules
14 to provide for the licensure of removal services,
15 refrigeration facilities, and centralized embalming facilities
16 operated independently of funeral establishments, direct
17 disposal establishments, and cinerator facilities.
18 (1) REMOVAL SERVICES AND REFRIGERATION SERVICES.--
19 (a) Application for licensure of a removal service or
20 a refrigeration service shall be made using forms and
21 procedures as specified by rule, shall be accompanied by a
22 nonrefundable fee not to exceed $300 as set by licensing
23 authority rule, and shall include the name of the business
24 owner, manager in charge, business address, and copies of
25 occupational and other local permits. The applicant shall be
26 required to make disclosure of the applicant's criminal
27 records, if any, as required by s. 497.142. The applicant
28 shall submit fingerprints in accordance with s. 497.142. A
29 duly completed application accompanied by the required fees
30 shall be approved and the license issued if the applicant has
31 passed an inspection pursuant to rule of the licensing
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1 authority, the licensing authority determines that the
2 applicant is of good character and has no demonstrated history
3 of lack of trustworthiness or integrity in business or
4 professional matters, and the applicant otherwise is in
5 compliance with all applicable requirements of this chapter.
6 (g)1. A change in ownership shall be promptly reported
7 using forms and procedures specified by rule and may require
8 the relicensure of the licensee, including reinspection and
9 payment of applicable fees, as required by rule.
10 2. A change in location shall be promptly reported to
11 the licensing authority pursuant to procedures established by
12 rule. Operations by the licensee at a new location may not
13 commence until an inspection by the licensing authority of the
14 facilities, pursuant to rules of the licensing authority, has
15 been conducted and passed at the new location.
16 (2) CENTRALIZED EMBALMING FACILITIES.--In order to
17 ensure that all funeral establishments have access to
18 embalming facilities that comply with all applicable health
19 and safety requirements, the licensing authority shall adopt
20 rules to provide for the licensure and operation of
21 centralized embalming facilities and shall require, at a
22 minimum, the following:
23 (a) All centralized embalming facilities shall contain
24 all of the equipment and meet all of the requirements that a
25 preparation room located in a funeral establishment is
26 required to meet, but such facilities shall not be required to
27 comply with any of the other requirements for funeral
28 establishments, as set forth in s. 497.380. The licensing
29 authority may adopt rules establishing the equipment and other
30 requirements for operation of a centralized embalming facility
31 consistent with this paragraph.
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1 (f) Application for licensure of a centralized
2 embalming facility shall be made utilizing forms and
3 procedures prescribed by rule and shall be accompanied by a
4 nonrefundable fee not to exceed $300 as set by licensing
5 authority rule, and licensure shall be renewed biennially
6 pursuant to procedures and upon payment of a nonrefundable fee
7 not to exceed $300 as set by licensing authority rule. The
8 licensing authority may also establish by rule a late fee not
9 to exceed $50 per day. Any licensure not renewed within 30
10 days after the renewal date shall expire without further
11 action by the department. The applicant shall be required to
12 make disclosure of the applicant's criminal records, if any,
13 as required by s. 497.142. The applicant shall submit
14 fingerprints in accordance with s. 497.142. A duly completed
15 application accompanied by the required fees shall be approved
16 and the license issued if the applicant has passed an
17 inspection pursuant to rule of the licensing authority, the
18 licensing authority determines that 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, and the applicant otherwise is in compliance with all
22 applicable requirements of this chapter.
23 (g) The licensing authority shall set by rule an
24 annual inspection fee not to exceed $300, payable upon
25 application for licensure and upon renewal of such licensure.
26 Centralized embalming facilities shall be subject to
27 inspection before issuance of a license and annually
28 thereafter.
29 (i)1. A change in ownership shall be promptly reported
30 using forms and procedures specified by rule and may require
31
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1 the relicensure of the licensee, including reinspection and
2 payment of applicable fees, as required by rule.
3 2. A change in location shall be promptly reported to
4 the licensing authority pursuant to procedures established by
5 rule. Operations by the licensee at a new location may not
6 commence until an inspection by the licensing authority of the
7 facilities, pursuant to rules of the licensing authority, has
8 been conducted and passed at the new location.
9 Section 34. Section 497.453, Florida Statutes, as
10 renumbered and amended by section 102 of chapter 2004-301,
11 Laws of Florida, is amended to read:
12 497.453 Application for preneed license, procedures
13 and criteria; renewal; reports.--
14 (1) PRENEED LICENSE APPLICATION PROCEDURES.--
15 (a) A person seeking a license to enter into preneed
16 contracts shall apply for such licensure using forms
17 prescribed by rule.
18 (b) The application shall require the name, business
19 address, residence address, date and place of birth or
20 incorporation, and business phone number of the applicant and
21 all principals of the applicant. The application shall require
22 the applicant's social security number, or, if the applicant
23 is an entity, its federal tax identification number.
24 (c) The application may require information as to the
25 applicant's financial resources.
26 (d) The application may require information as to the
27 educational and employment history of an individual applicant;
28 and as to applicants that are not natural persons, the
29 business and employment history of the applicant and
30 principals of the applicant.
31
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1 (e) The applicant shall be required to make disclosure
2 of the applicant's criminal records, if any, as required by s.
3 497.142. The application shall require the applicant to
4 disclose whether the applicant or any of the applicant's
5 principals have ever been convicted or found guilty of, or
6 entered a plea of no contest to, regardless of adjudication,
7 any crime in any jurisdiction.
8 (f) The application shall require the applicant to
9 disclose whether the applicant or any of the applicant's
10 principals have ever had a license or the authority to
11 practice a profession or occupation refused, suspended, fined,
12 denied, or otherwise acted against or disciplined by the
13 licensing authority of any jurisdiction. A licensing
14 authority's acceptance of a relinquishment of licensure,
15 stipulation, consent order, or other settlement, offered in
16 response to or in anticipation of the filing of charges
17 against the license, shall be construed as action against the
18 license.
19 (g) The applicant shall submit fingerprints in
20 accordance with s. 497.142. The application shall require the
21 applicant and its principals to provide fingerprints in
22 accordance with part I of this chapter.
23 (h) The application shall state the name and license
24 number of the funeral establishment, cemetery company, direct
25 disposal establishment, or monument establishment, under whose
26 license the preneed application is made.
27 (i) The application shall state the types of preneed
28 contracts proposed to be written.
29 (j) The application shall disclose the existence of
30 all preneed contracts for service or merchandise entered into
31 by the applicant, or by any other entity under common control
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1 with the applicant, without or prior to authorization under
2 this section or predecessors to this section. As to each such
3 contract, the applicant shall disclose the name and address of
4 the contract purchaser, the status of the contract, and what
5 steps or measures the applicant has taken to ensure
6 performance of unfulfilled contracts, setting forth the
7 treatment and status of funds received from the customer in
8 regard to the contract, and stating the name and address of
9 any institution where such funds are deposited and the number
10 used by the institution to identify the account. With respect
11 to contracts entered into before January 1, 1983, an
12 application to issue or renew a preneed license may not be
13 denied solely on the basis of such disclosure. The purchaser
14 of any such contract may not be required to liquidate the
15 account if such account was established before July 1, 1965.
16 Information disclosed may be used by the licensing authority
17 to notify the contract purchaser and the institution in which
18 such funds are deposited should the holder of a preneed
19 license be unable to fulfill the requirements of the contract.
20 (k) The application shall require the applicant to
21 demonstrate that the applicant complies and will comply with
22 all requirements for preneed contract licensure under this
23 chapter.
24 (l) The application may require any other information
25 considered necessary by the department or board to meet its
26 responsibilities under this chapter.
27 (m) The application shall be sworn to and signed in
28 accordance with s. 497.141(12) by the applicant if a natural
29 person, or by the president of an applicant that is not a
30 natural person.
31
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1 (n) The application shall be accompanied by a
2 nonrefundable fee as determined by licensing authority rule
3 but not to exceed $500.
4 (2) ACTION CONCERNING APPLICATIONS.--A duly completed
5 application for licensure under this section, accompanied by
6 the required fees, shall be approved and a license issued, if
7 the licensing authority determines that the following
8 conditions are met:
9 (a) The application is made by a funeral
10 establishment, cemetery company, direct disposal
11 establishment, or monument establishment, or on behalf of one
12 of the preceding licensees by its agent in the case of a
13 corporate entity, licensed and in good standing under this
14 chapter.
15 (b) The applicant meets net worth requirements
16 specified by rule of the licensing authority.
17 1. The net worth required by rule to obtain or renew a
18 preneed license and write and carry up to $100,000 in total
19 retail value of outstanding preneed contracts shall not exceed
20 $20,000. The board may specify higher net worth requirements
21 by increments, for total retail value of outstanding preneed
22 contracts carried in excess of $100,000, as the board
23 determines necessary for the protection of the public.
24 2. An applicant to obtain or renew a preneed licensee
25 that cannot demonstrate the required initial minimum net worth
26 may voluntarily submit to the licensing authority and request
27 acceptance of alternative evidence of financial stability and
28 resources or agree to additional oversight in lieu of the
29 required net worth. Such additional evidence or oversight may
30 include, as appropriate, one or more of the following:
31
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1 a. An agreement to submit monthly financial statements
2 of the entity.
3 b. An agreement to submit quarterly financial
4 statements of the entity.
5 c. An appraisal of the entity's property or broker's
6 opinion of the entity's assets.
7 d. A credit report of the entity or its principals.
8 e. A subordination-of-debt agreement from the entity's
9 principals.
10 f. An indemnification or subrogation agreement binding
11 the entity and its principals.
12 g. A guarantee agreement for the entity from its
13 principals.
14 h. A written explanation of past financial activity.
15 i. Submission of a 12-month projected business plan
16 that includes:
17 (I) A statement of cash flows.
18 (II) Pro forma income statements, with sources of
19 revenues identified.
20 (III) Marketing initiatives.
21 j. Submission of previous department examination
22 reports.
23 k. An agreement of 100 percent voluntary trust by the
24 entity.
25 3. The licensing authority may accept such alternative
26 evidence or arrangements in lieu of the required net worth
27 only if the licensing authority determines that such
28 alternative evidence or arrangements are an adequate
29 substitute for required net worth and that acceptance would
30 not substantially increase the risk to existing or future
31
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1 customers of nonperformance by the applicant or licensee on
2 its retail sales agreements.
3 (c) The applicant has and will have the ability to
4 discharge her or his liabilities as they become due in the
5 normal course of business, and has and will have sufficient
6 funds available during the calendar year to perform her or his
7 obligations under her or his contracts.
8 (d) If the applicant or any entity under common
9 control with the applicant has entered into preneed contracts
10 prior to being authorized to do so under the laws of this
11 state:
12 1. The licensing authority determines that adequate
13 provision has been made to ensure the performance of such
14 contracts.
15 2. The licensing authority determines that the
16 improper sale of such preneed contracts prior to authorization
17 under this chapter does not indicate, under the facts of the
18 particular application in issue, that the applicant has a
19 disregard of the laws of this state such as would expose the
20 public to unreasonable risk if the applicant were issued a
21 preneed license.
22 3. Nothing in this section shall imply any
23 authorization to enter into preneed contracts without
24 authorization under this chapter.
25 (e) Neither the applicant nor the applicant's
26 principals have a demonstrated history of conducting their
27 business affairs to the detriment of the public.
28 (f) The applicant and the applicant's principals are
29 of good character and have no demonstrated history of lack of
30 trustworthiness or integrity in business or professional
31 matters.
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1 (g) The applicant does and will comply with all other
2 requirements of this chapter relating to preneed licensure.
3 (3) ISSUANCE OF LICENSES ON PROBATIONARY STATUS.--It
4 is the policy of this state to encourage competition for the
5 public benefit in the preneed contract business by, among
6 other means, the entry of new licensees into that business. To
7 facilitate issuance of licenses concerning applications judged
8 by the licensing authority to be borderline as to
9 qualification for licensure, the licensing authority may issue
10 a new license under this section on a probationary basis,
11 subject to conditions specified by the licensing authority on
12 a case-by-case basis, which conditions may impose special
13 monitoring, reporting, and restrictions on operations for up
14 to the first 12 months of licensure, to ensure the licensee's
15 responsibleness, competency, financial stability, and
16 compliance with this chapter. Provided, no such probationary
17 license shall be issued unless the licensing authority
18 determines that issuance would not pose an unreasonable risk
19 to the public, and the licensing authority must within 12
20 months after issuance of the license either remove the
21 probationary status or determine that the licensee is not
22 qualified for licensure under this chapter and institute
23 proceedings for revocation of licensure.
24 (4) CHANGE IN CONTROL SUBSEQUENT TO LICENSURE.--
25 (a) Each licensee under this section must provide
26 notice as required by rule prior to any change in control of
27 the licensee. Any such change is subject to disapproval or to
28 reasonable conditions imposed by the licensing authority, for
29 the protection of the public to ensure compliance with this
30 chapter, based upon criteria established by rule, which
31
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1 criteria shall promote the purposes of this part in protecting
2 the consumer.
3 (b) The licensing authority may authorize the transfer
4 of a preneed license and establish by rule a fee for the
5 transfer in an amount not to exceed $500. Upon receipt of an
6 application for transfer, the executive director may grant a
7 temporary preneed license to the proposed transferee, based
8 upon criteria established by the licensing authority by rule,
9 which criteria shall promote the purposes of this chapter in
10 protecting the consumer. Such a temporary preneed license
11 shall expire at the conclusion of the next regular meeting of
12 the board unless renewed by the board. The licensing authority
13 may by rule establish forms and procedures for the
14 implementation of this paragraph.
15 (5) RENEWAL OF LICENSES.--
16 (a) A preneed license shall expire annually on June 1,
17 unless renewed, or at such other time or times as may be
18 provided by rule. The application for renewal of the license
19 shall be on forms prescribed by rule and shall be accompanied
20 by a renewal fee as specified in paragraph (c).
21 (b) Within 3 months after the end of its fiscal
22 period, or within an extension of time therefor, as the
23 department for good cause may grant, the licensee shall file
24 with the department a full and true statement of her or his
25 financial condition, transactions, and affairs, prepared on a
26 basis as adopted by rule, as of the end of the preceding
27 fiscal period or at such other time or times as may be
28 required by rule, together with such other information and
29 data which may be required by rule. To facilitate uniformity
30 in financial statements and to facilitate department analysis,
31 there may be adopted by rule a form for financial statements.
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1 The rules regarding net worth, authorized by paragraph (2)(b),
2 shall be applicable to the renewal of preneed licenses.
3 (c)1. Each annual application for renewal of a preneed
4 license that is not held by a monument establishment shall be
5 accompanied by the appropriate fee as follows:
6 a.1. For a preneed licensee with no preneed contract
7 sales during the immediately preceding year..............$300.
8 b.2. For a preneed licensee with at least 1 but fewer
9 than 50 preneed contract sales during the immediately
10 preceding year...........................................$400.
11 c.3. For a preneed licensee with at least 50 but fewer
12 than 250 preneed contract sales during the immediately
13 preceding year...........................................$500.
14 d.4. For a preneed licensee with at least 250 but
15 fewer than 1,000 preneed contract sales during the immediately
16 preceding year...........................................$850.
17 e.5. For a preneed licensee with at least 1,000 but
18 fewer than 2,500 preneed contract sales during the immediately
19 preceding year.........................................$1,500.
20 f.6. For a preneed licensee with at least 2,500 but
21 fewer than 5,000 preneed contract sales during the immediately
22 preceding year.........................................$2,500.
23 g.7. For a preneed licensee with at least 5,000 but
24 fewer than 15,000 preneed contract sales during the
25 immediately preceding year.............................$6,000.
26 h.8. For a preneed licensee with at least 15,000 but
27 fewer than 30,000 preneed contract sales during the
28 immediately preceding year............................$12,500.
29 i.9. For a preneed licensee with 30,000 preneed
30 contract sales or more during the immediately preceding year
31 ......................................................$18,500.
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1 2. Each annual application for renewal of a preneed
2 license that is held by a monument establishment shall be
3 accompanied by the appropriate fee determined by its total
4 gross aggregate at-need and preneed retail sales for the
5 12-month period ending 2 full calendar months prior to the
6 month in which the renewal is required, as follows:
7 a. Total sales of $1 to $50,000, renewal fee $1,000.
8 b. Total sales of $50,001 to $250,000, renewal fee
9 $1,500.
10 c. Total sales of $250,001 to $500,000, renewal fee
11 $2,000.
12 d. Total sales over $500,000, renewal fee $2,500.
13 (d) An application for renewal shall disclose the
14 existence of all preneed contracts for service or merchandise
15 funded by any method other than a method permitted by this
16 chapter, which contracts are known to the applicant and were
17 entered into by the applicant, or any other entity under
18 common control with the applicant, during the annual license
19 period then ending. Such disclosure shall include the name and
20 address of the contract purchaser, the name and address of the
21 institution where such funds are deposited, and the number
22 used by the institution to identify the account.
23 (e) In addition to any other penalty that may be
24 provided for under this chapter, there may be levied a late
25 fee as determined by licensing authority rule but not to
26 exceed $50 a day for each day the preneed licensee fails to
27 file its annual statement, and there may be levied a late fee
28 as determined by licensing authority rule but not to exceed
29 $50 a day for each day the preneed licensee fails to file the
30 statement of activities of the trust. Upon notice to the
31 preneed licensee by the department that the preneed licensee
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1 has failed to file the annual statement or the statement of
2 activities of the trust, the preneed licensee's authority to
3 sell preneed contracts shall cease while such default
4 continues.
5 (6) QUARTERLY PAYMENTS.--In addition to other amounts
6 required to be paid by this section, each preneed licensee
7 shall pay to the Regulatory Trust Fund an amount established
8 by rule not to exceed $10 for each preneed contract entered
9 into. This amount must be paid within 60 days after the end of
10 each quarter. These funds must be used to defray the cost of
11 administering the provisions of this chapter part.
12 (7) BRANCH OPERATIONS AND LICENSURE.--
13 (a) Any person or entity that is part of a common
14 business enterprise that has a preneed license issued pursuant
15 to this section and desires to operate under a name other than
16 that of the common business enterprise, may submit an
17 application on a form adopted by rule to become a branch
18 licensee. The application shall be accompanied by an
19 application fee as determined by licensing authority rule but
20 not to exceed $300.
21 (b) Upon a determination that such branch applicant
22 qualifies to sell preneed contracts under this part except for
23 the requirements of paragraph (2)(c), and if the sponsoring
24 preneed licensee under whose preneed license the branch
25 applicant seeks branch status meets the requirements of such
26 paragraph and is in compliance with all requirements of this
27 part regarding its preneed license and operations thereunder,
28 a branch license shall be issued.
29 (c) Branch licenses shall be renewed annually by
30 payment of a renewal fee set by licensing authority rule and
31 not to exceed $500 $300. Branch licenses may be renewed only
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1 so long as the preneed license of the sponsoring preneed
2 licensee remains in good standing.
3 (d) Violations of this part by the branch shall be
4 deemed to be violations of this part by its sponsoring preneed
5 licensee, unless the licensing authority determines that
6 extenuating circumstances indicate that it would be unjust to
7 attribute the branch's misconduct to the sponsoring preneed
8 licensee. Preneed sales of the branch shall be deemed to be
9 sales of the sponsoring licensee for purposes of renewal fees
10 and trust requirements under this chapter.
11 (e) The sponsoring preneed licensee shall be
12 responsible for performance of preneed contracts entered into
13 by its branch if the branch does not timely fulfill any such
14 contract.
15 (8) ANNUAL TRUST REPORTS.--On or before April 1 of
16 each year, the preneed licensee shall file in the form
17 prescribed by rule a full and true statement as to the
18 activities of any trust established by it pursuant to this
19 part for the preceding calendar year.
20 (9) DEPOSIT OF FUNDS.--All sums collected under this
21 section shall be deposited to the credit of the Regulatory
22 Trust Fund.
23 Section 35. Subsection (6) of section 497.456, Florida
24 Statutes, as renumbered and amended by section 105 of chapter
25 2004-301, Laws of Florida, is amended to read:
26 497.456 Preneed Funeral Contract Consumer Protection
27 Trust Fund.--
28 (6) Upon the commencement of a delinquency proceeding
29 pursuant to this chapter against a preneed licensee, the
30 licensing authority may use up to 50 percent of the balance of
31 the trust fund not already committed to a prior delinquency
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1 proceeding solely for the purpose of establishing a
2 receivership and providing restitution to preneed contract
3 purchasers and their estates due to a preneed licensee's
4 failure to provide the benefits of a preneed contract or
5 failure to refund the appropriate principal amount by reason
6 of cancellation thereof. The balance of the trust fund shall
7 be determined as of the date of the delinquency proceeding.
8 Section 36. Paragraph (h) of subsection (1) and
9 subsection (4) of section 497.458, Florida Statutes, as
10 renumbered and amended by section 107 of chapter 2004-301,
11 Laws of Florida, are amended to read:
12 497.458 Disposition of proceeds received on
13 contracts.--
14 (1)
15 (h) In no event may trust funds be loaned, directly or
16 indirectly, to any of the following persons: the preneed
17 licensee; any entity under any degree of common control with
18 the preneed licensee; any employee, director, full or partial
19 owner, or principal of the preneed licensee; or any person
20 related by blood or marriage to any of those persons. In no
21 event may trust funds, directly or indirectly, be invested in
22 or with, or loaned to, any business or business venture in
23 which any of the following persons have an interest: the
24 preneed licensee, any entity under any degree of common
25 control with the preneed licensee, any employee, director,
26 full or partial owner, or principal of the preneed licensee,
27 or any person related by blood or marriage to any of those
28 persons. In no event may said funds be loaned to a preneed
29 licensee, an affiliate of a preneed licensee, or any person
30 directly or indirectly engaged in the burial, funeral home, or
31 cemetery business.
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1 (4)(a) Trust funds shall not be invested in or loaned
2 to or for the benefit of any business venture in which the
3 preneed licensee, its principals, or persons related by blood
4 or marriage to the licensee or its principals, have a direct
5 or indirect interest, without the prior approval of the
6 licensing authority.
7 (b) Trust funds shall not be loaned to or for the
8 benefit of the preneed licensee, its principals, or persons
9 related by blood or marriage to the licensee or its
10 principals, without the prior approval of the licensing
11 authority.
12 (c) No approval of such loans or investments shall be
13 given unless it be shown by clear and convincing evidence that
14 such loan or investment would be in the interest of the
15 preneed contract holders whose contracts are secured by the
16 trust funds.
17 (d) The licensing authority may adopt rules exempting
18 from the prohibition of paragraph (1)(h) this subsection,
19 pursuant to criteria established in such rule, the investment
20 of trust funds in investments, such as widely and publicly
21 traded stocks and bonds, notwithstanding that the licensee,
22 its principals, or persons related by blood or marriage to the
23 licensee or its principals have an interest by investment in
24 the same entity, where neither the licensee, its principals,
25 or persons related by blood or marriage to the licensee or its
26 principals have the ability to control the entity invested in,
27 and it would be in the interest of the preneed contract
28 holders whose contracts are secured by the trust funds to
29 allow the investment.
30
31
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1 Section 37. Section 497.466, Florida Statutes, as
2 renumbered and amended by section 115 of chapter 2004-301,
3 Florida Statutes, is amended to read:
4 (Substantial rewording of section. See
5 s. 497.466, F.S., for present text.)
6 497.466 Preneed sales agents, license required;
7 application procedures and criteria; appointment of agents;
8 responsibility of preneed licensee.--
9 (1) GENERAL PROVISIONS.--Each individual who offers
10 preneed contracts to the public, or who executes preneed
11 contracts on behalf of a preneed licensee, including any
12 individual who offers, sells, or signs contracts for the
13 preneed sale of burial rights, shall be licensed as a preneed
14 sales agent and shall be appointed by each preneed licensee
15 whom he or she represents regarding preneed sales, pursuant to
16 this section; however, an individual licensed in good standing
17 under this chapter as a funeral director may engage in preneed
18 sales for the preneed licensee with whom the funeral director
19 is affiliated, without preneed sales agent licensure or
20 appointment under this section.
21 (2) PRENEED SALES AGENT LICENSE; APPLICATION
22 PROCEDURES.--
23 (a) An individual may hold only one preneed sales
24 agent license at a time.
25 (b) A preneed sales agent license may not be issued to
26 a person under the age of 18 years.
27 (c) A person desiring a preneed sales agent license
28 shall apply to the department for such a license. The
29 application must require the name, social security number,
30 residence address, residence phone number if any, and date and
31 place of birth of the applicant.
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1 (d) The application must require the preneed sales
2 agent applicant to disclose any criminal record, as required
3 by s. 497.142.
4 (e) The application must require the preneed sales
5 agent applicant to disclose whether the applicant has ever had
6 a license or the authority to practice a profession or
7 occupation refused, suspended, fined, denied, or otherwise
8 acted against or disciplined by the licensing authority of any
9 jurisdiction. A licensing authority's acceptance of a
10 relinquishment of licensure, stipulation, consent order, or
11 other settlement, offered in response to or in anticipation of
12 the filing of charges against the license, constitutes action
13 against the license.
14 (f) The application must require identification by the
15 preneed sales agent applicant of the preneed licensee whom the
16 preneed sales agent applicant believes will initially appoint
17 the preneed sales agent if a preneed sales agent license is
18 issued.
19 (g) The application must be signed by the applicant.
20 The licensing authority may accept electronic signatures.
21 (h) The application must be accompanied by a
22 nonrefundable fee of $150 if made through the department's
23 online licensing system, or $175 if made using paper forms.
24 Payment of either fee as specified in this paragraph entitles
25 the applicant to one initial appointment without payment of
26 further fees by the preneed sales agent or the appointing
27 preneed licensee if a preneed sales agent license is issued.
28 The licensing authority may from time to time increase the
29 fees specified in this paragraph, but not to exceed $300.
30 (3) ISSUANCE OF A TEMPORARY PRENEED SALES AGENT
31 LICENSE.--
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1 (a) Upon receipt of a duly completed application and
2 the required fee, a temporary preneed sales agent license
3 shall be issued to the applicant if:
4 1. The applicant is at least 18 years of age;
5 2. The application indicates that the applicant has no
6 disciplinary or criminal record, and the department has no
7 record indicating that the applicant has a disciplinary or
8 criminal record; and
9 3. The applicant has never previously held a temporary
10 preneed sales agent license that lapsed for failure to submit
11 fingerprints as required by this section.
12 (b) A temporary preneed sales agent license is valid
13 for only 120 days after the date issued and may not be
14 renewed.
15 (c) An applicant for a preneed sales agent license who
16 has previously been issued a preneed sales agent temporary
17 license that for any reason expired without becoming permanent
18 is thereafter ineligible for another temporary preneed sales
19 agent license. Such a person may apply again for a preneed
20 sales agent license, but the license may not be issued until
21 fingerprints are provided as required by s. 497.142, a report
22 is received from the Department of Law Enforcement advising
23 that the applicant has no criminal record, and the applicant
24 is otherwise determined by the department and board to qualify
25 for preneed sales agent licensure.
26 (4) CONVERSION OF TEMPORARY PRENEED SALES AGENT
27 LICENSE TO PERMANENT PRENEED SALES AGENT LICENSE.--
28 (a) A temporary preneed sales agent licensee who
29 desires to obtain a permanent preneed sales agent license
30 shall, within 90 days after the issuance of the temporary
31 preneed sales agent license, submit his or her fingerprints to
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1 the licensing authority for a criminal background check, in
2 accordance with s. 497.142. Unless the department determines
3 before the expiration of the temporary preneed sales agent
4 license that the temporary licensee has a criminal or
5 disciplinary record, the preneed sales agent temporary license
6 shall automatically be converted to a permanent preneed sales
7 agent license.
8 (b) The department shall promptly give written notice
9 to the temporary preneed sales agent licensee, and to all
10 preneed licensees who have the temporary preneed sales agent
11 under appointment, that the preneed sales agent's temporary
12 license has been converted to a permanent license, or has
13 lapsed, as the case may be.
14 (5) APPLICANTS HAVING A CRIMINAL OR DISCIPLINARY
15 RECORD.--
16 (a) A preneed sales agent applicant having a criminal
17 or disciplinary record is ineligible for a temporary preneed
18 sales agent license. A permanent preneed sales agent license
19 may not be issued to any person who has a criminal or
20 disciplinary record, except upon approval of the board.
21 (b) If, while a temporary preneed sales agent license
22 is in force, the department determines that the temporary
23 licensee has a criminal or disciplinary record, the temporary
24 license shall be immediately suspended and shall not
25 automatically convert to a permanent preneed sales agent
26 license. The department shall promptly give written notice of
27 the suspension to the suspended licensee and to all preneed
28 licensees who have the suspended preneed sales agent under
29 appointment. The suspended preneed sales agent licensee may
30 thereafter, within 21 days after the date of suspension,
31 petition the board under paragraph (c) for issuance of a
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1 permanent preneed sales agent notwithstanding the criminal or
2 disciplinary record. If a petition for board review is not
3 timely received by the department or board, the temporary
4 preneed sales agent license shall be revoked.
5 (c) An applicant having a criminal or disciplinary
6 record who desires a permanent preneed sales agent license
7 shall petition the board for issuance of such a license, using
8 forms and procedures as specified by rule. The board shall
9 issue a permanent preneed sales agent license to an applicant
10 having a criminal or disciplinary record if the board
11 determines that:
12 1. There was no inaccuracy in the application for
13 license which indicates that the applicant is untrustworthy;
14 and
15 2. The applicant, if issued a preneed sales agent
16 license, would not pose an unreasonable risk to members of the
17 public who deal with the applicant in preneed transactions.
18 (d) The board may issue a preneed sales agent license
19 to an applicant who has a criminal or disciplinary record, on
20 a probationary status and subject to reasonable terms of
21 probation not to exceed 24 months in duration.
22 (6) TERMINATION OF A PERMANENT PRENEED SALES AGENT
23 LICENSE DUE TO LACK OF APPOINTMENTS.--A permanent preneed
24 sales agent license shall remain in force without a
25 requirement for renewal until there have been no appointments
26 of the preneed sales agent under the license for 48
27 consecutive months, at which time the permanent preneed sales
28 agent license will terminate. The former preneed sales agent
29 licensee may thereafter apply for issuance of a new preneed
30 sales agent license under this section.
31 (7) APPOINTMENT OF PRENEED SALES AGENTS.--
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1 (a) A preneed sales agent licensee may be appointed by
2 as many preneed licensees as desire to appoint the preneed
3 sales agent licensee. When a preneed sales agent licensee is
4 appointed by a preneed licensee, the department shall promptly
5 give written notice to all other preneed licensees who then
6 have that same preneed sales agent under appointment.
7 (b) A preneed licensee may appoint a preneed sales
8 agent licensee by identifying to the department the preneed
9 sales agent licensee to be appointed, requesting appointment,
10 and paying the required appointment fee. The appointment
11 request shall be signed by the preneed licensee. The
12 department may accept electronic signatures.
13 (c) Appointments shall be effective when made and
14 shall expire 24 months after the last day of the month in
15 which the appointment was made, unless earlier terminated by
16 the preneed licensee or the preneed sales agent. However, the
17 initial appointment of a preneed sales agent licensee may not
18 be made until 24 hours after a temporary preneed sales agent
19 license is issued to that preneed sales agent. Furthermore, an
20 appointment is effective only as long as the preneed sales
21 agent licensee's license is in good standing.
22 (d) A preneed licensee shall take reasonable steps to
23 assure that the preneed sales agent licensees whom it appoints
24 have adequate training regarding preneed sales.
25 (e) An appointment may be renewed for additional
26 24-month periods by notification by the preneed licensee to
27 the department that the preneed licensee desires to renew the
28 appointment, accompanied by payment by the preneed licensee of
29 the appointment renewal fee.
30 (f) Initial and renewal appointment fees shall be
31 nonrefundable and shall be in the amount of $150 if made
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1 through the department's online licensing system, and $175 if
2 made using paper forms requiring manual processing by the
3 department. The board may, by rule, increase the appointment
4 fees but not to exceed $300.
5 (g)1. An appointment may be terminated at any time by
6 the appointing preneed licensee or by the appointed preneed
7 sales agent licensee.
8 2. Termination of appointment shall be accomplished by
9 notice of termination conveyed to the department and signed by
10 the person or entity requesting the termination. The
11 department may accept electronic signatures. There shall be
12 no fee for termination of appointment accomplished through the
13 department's online licensing system. There shall be a fee of
14 $25 for terminations made using paper forms requiring manual
15 processing by the department.
16 3. When an appointment is terminated, whether by the
17 preneed licensee or the preneed sales agent licensee, the
18 department shall promptly provide written confirmation of the
19 termination to both the preneed sales agent licensee and the
20 preneed licensee at their respective addresses of record with
21 the department.
22 4. If a preneed licensee terminates the authority of a
23 preneed sales agent license to sell for the preneed licensee,
24 the preneed licensee shall, within 30 days after the
25 termination, terminate the appointment as provided under
26 subparagraph 2.
27 5. If a preneed sales agent licensee terminates his or
28 her preneed sales relationship with a preneed licensee, the
29 preneed sales agent licensee shall, within 30 days after the
30 termination, terminate the appointment as provided under
31 subparagraph 2.
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1 6. If the license of a preneed sales agent is
2 suspended or revoked pursuant to disciplinary action by the
3 licensing authority against the preneed sales agent, the
4 department shall promptly give written notice of such action
5 to all preneed licensees who then have that preneed sales
6 agent under appointment.
7 (8) ADMINISTRATIVE MATTERS.--
8 (a) The licensing authority may, by rule, prescribe
9 forms and procedures for administering this section.
10 (b)1. Each person who holds one or more preneed sales
11 agent licenses in good standing under s. 497.439 as of 11:59
12 p.m. on September 30, 2005, shall be deemed as of October 1,
13 2005, to hold a permanent preneed sales agent license under
14 this section, effective October 1, 2005.
15 2. Each person who holds one or more preneed sales
16 agent licenses in good standing under s. 497.439 as of 11:59
17 p.m. on September 30, 2005, shall be deemed as of October 1,
18 2005, to be appointed by each preneed licensee in regard to
19 whom he or she holds a preneed sales agent license as of 11:59
20 p.m. on September 30, 2005. Such appointments shall expire on
21 the same date as the preneed sales agent license would have
22 expired under the law in effect at 11:59 p.m. on September 30,
23 2005.
24 (c) The reference to a criminal record in this section
25 refers to and includes only crimes required to be disclosed
26 under s. 497.142.
27 (d) The reference to a disciplinary record as used in
28 this section refers to and includes any instance in which the
29 applicant has ever had a license or the authority to practice
30 a profession or occupation refused, suspended, fined, denied,
31 or otherwise acted against or disciplined by the licensing
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1 authority of any jurisdiction. A licensing authority's
2 acceptance of a relinquishment of licensure, stipulation,
3 consent order, or other settlement, offered in response to or
4 in anticipation of the filing of charges against the license,
5 constitutes action against the license.
6 (e) A preneed licensee shall be responsible for the
7 activities of all preneed sales agents, and all funeral
8 directors acting as preneed sales agents, who are affiliated
9 with the preneed licensee and who perform any type of
10 preneed-related activity on behalf of the preneed licensee. In
11 addition to the preneed sales agents and funeral directors
12 acting as preneed sales agents, each preneed licensee is also
13 subject to discipline if its preneed sales agents or funeral
14 directors acting as preneed sales agents violate any provision
15 of this chapter.
16 Section 38. Section 497.468, Florida Statutes, is
17 created to read:
18 497.468 Disclosure of information to the public.--A
19 preneed licensee offering to provide burial rights,
20 merchandise, or services to the public shall:
21 (1) Provide by telephone, upon request, accurate
22 information regarding the retail prices of burial merchandise
23 and services offered for sale by the licensee.
24 (2) Fully disclose all regularly offered services and
25 merchandise prior to the selection of burial services or
26 merchandise. The full disclosure required shall identify the
27 prices of all burial rights, services, and merchandise
28 provided by the licensee.
29 (3) Not make any false or misleading statements of the
30 legal requirement as to the necessity of a casket or outer
31 burial container.
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1 (4) Provide a good-faith estimate of all fees and
2 costs the customer will incur to use any burial rights,
3 merchandise, or services purchased.
4 (5) Provide to the customer, upon the purchase of any
5 burial right, merchandise, or service, a written contract, the
6 form of which has been approved by the licensing authority
7 pursuant to procedures specified by rule.
8 (a) The written contract shall be completed as to all
9 essential provisions prior to the signing of the contract by
10 the customer.
11 (b) The written contract shall provide an itemization
12 of the amounts charged for all services, merchandise, and
13 fees, which itemization shall be clearly and conspicuously
14 segregated from everything else on the written contract.
15 (c) A description of the merchandise covered by the
16 contract to include, when applicable, model, manufacturer, and
17 other relevant specifications.
18 (6) Provide the licensee's policy on cancellation and
19 refunds to each customer.
20 (7) In a manner established by rule of the licensing
21 authority, provide on the signature page, clearly and
22 conspicuously in boldfaced 10-point type or larger, the
23 following:
24 (a) The words "purchase price."
25 (b) The amount to be trusted.
26 (c) The amount to be refunded upon contract
27 cancellation.
28 (d) The amounts allocated to merchandise, services,
29 and cash advances.
30 (e) The toll-free number of the department which is
31 available for questions or complaints.
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1 (f) A statement that the purchaser shall have 30 days
2 from the date of execution of contract to cancel the contract
3 and receive a total refund of all moneys paid for items not
4 used.
5 (8) Effective October 1, 2006, display in its offices
6 for free distribution to all potential customers, and provide
7 to all customers at the time of sale, a brochure explaining
8 how and by whom preneed sales are regulated, summarizing
9 consumer rights under the law, and providing the name,
10 address, and phone number of the department's consumer affairs
11 division. The format and content of the brochure shall be as
12 prescribed by rule. The licensing authority may cause the
13 publication of such brochures and, by rule, establish
14 requirements that preneed licensees purchase and make
15 available such brochures as so published, in the licensee's
16 offices, to all potential customers.
17 (9) Provide to each customer a complete description of
18 any monument, marker, or memorialization to be placed at the
19 gravesite pursuant to the preneed contract.
20 Section 39. Paragraphs (a), (b), (c), (d), and (e) are
21 added to subsection (1) of section 947.550, Florida Statutes,
22 as renumbered and amended by section 118 of chapter 2004-301,
23 Laws of Florida, paragraphs (c), (e), (f), and (h) of
24 subsection (2) of that section are amended, and paragraph (j)
25 is added to subsection (2) of that section, to read:
26 497.550 Licensure of monument establishments required;
27 procedures and criteria.--
28 (1) LICENSE REQUIRED.--No person shall conduct,
29 maintain, manage, or operate a monument establishment in this
30 state unless the monument establishment is licensed pursuant
31 to this part.
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1 (a) The two categories of monument establishment
2 licensure available in this state are:
3 1. Monument builder; and
4 2. Monument dealer.
5 (b) An applicant for licensure as a monument
6 establishment shall designate, on the application form, the
7 category of monument establishment licensure for which he or
8 she is applying.
9 (c) Each monument establishment that is licensed under
10 this chapter at 11:59 p.m. on September 30, 2005, is, on and
11 after October 1, 2005, licensed as a monument dealer subject
12 to the requirements of this chapter. A person who becomes
13 licensed as a monument dealer by operation of this paragraph
14 may apply to the board for licensure as a monument builder
15 and, upon payment of applicable application fees and the
16 granting of such application and licensure as a monument
17 builder, such person's licensure as a monument dealer will
18 expire.
19 (d) The requirements of this part apply to both
20 monument dealers and monument builders, except as provided in
21 this paragraph. Each monument establishment must be a
22 physical structure that is located at a specific street
23 address, in compliance with zoning regulations of the
24 appropriate local government, and not located on property that
25 is exempt from taxation, but a monument dealer may not
26 otherwise be required to comply with s. 497.552 or be subject
27 to inspection under this part.
28 (e) A monument establishment that is not licensed
29 under the monument-builder category is not eligible for a
30 preneed sales license.
31
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1 (2) APPLICATION PROCEDURES.--A person seeking
2 licensure as a monument establishment shall apply for such
3 licensure using forms prescribed by rule.
4 (c) The applicant shall be required to make disclosure
5 of the applicant's criminal records, if any, as required by s.
6 497.142. The application shall require the applicant to
7 disclose whether the applicant or any of its principals have
8 ever been convicted or found guilty of, or entered a plea of
9 no contest to, regardless of adjudication, any crime in any
10 jurisdiction.
11 (e) The applicant shall submit fingerprints in
12 accordance with s. 497.142. The application shall require the
13 applicant's principals to provide fingerprints in accordance
14 with part I of this chapter.
15 (f) The applicant shall be a natural person at least
16 18 years of age, a corporation, a partnership, or a limited
17 liability company formed prior to January 1, 2005, which
18 limited liability company already holds a license under this
19 chapter.
20 (h) The application shall be signed in accordance with
21 s. 497.141(12) by the applicant if a natural person, or by the
22 president of an applicant that is a corporation.
23 (j) Upon receipt of the application and application
24 fee, the licensing authority shall inspect the proposed
25 monument establishment facilities in accordance with rules of
26 the licensing authority.
27 Section 40. Section 497.551, Florida Statutes, as
28 created by chapter 2004-301, Laws of Florida, is amended to
29 read:
30 497.551 Renewal of monument establishment licensure.--
31
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1 (1) A monument establishment license must be renewed
2 biennially by the licensee.
3 (2) A monument establishment licensee that does not
4 hold a preneed sales license as of 90 days prior to the date
5 its monument establishment license renewal is due, shall renew
6 its monument establishment license by payment of a renewal fee
7 established by rule not to exceed $250.
8 (3) A monument establishment licensee which as of 90
9 days prior to its monument establishment license renewal date
10 also holds a preneed sales license issued under this chapter,
11 shall renew its monument establishment license by payment of a
12 renewal fee determined by its total gross aggregate at-need
13 and preneed retail sales for the 12-month period ending 2 full
14 calendar months prior to the month in which the renewal is
15 required, as follows:
16 (a) Total sales of $1 to $50,000, renewal fee $1,000.
17 (b) Total sales of $50,001 to $250,000, renewal fee
18 $1,500.
19 (c) Total sales of $250,001 to $500,000, renewal fee
20 $2,000.
21 (d) Total sales over $500,000, renewal fee $2,500.
22 (3)(4) Rules may be adopted providing procedures,
23 forms, and uniform timeframes for monument establishment
24 license renewals.
25 Section 41. Subsection (4) of section 497.552, Florida
26 Statutes, as created by chapter 2004-301, Laws of Florida, is
27 amended to read:
28 497.552 Required facilities.--Effective January 1,
29 2006, a monument establishment shall at all times have and
30 maintain a full-service place of business at a specific street
31
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1 address or location in Florida complying with the following
2 requirements:
3 (4) It shall have facilities on site for inscribing
4 monuments and equipment to deliver and install markers and
5 monuments.
6 Section 42. Subsections (1) and (5) of section
7 497.553, Florida Statutes, as created by chapter 2004-301,
8 Laws of Florida, are amended, and subsection (6) is added to
9 that section, to read:
10 497.553 Regulation of monument establishments.--
11 (1) The Department of Financial Services shall
12 establish and implement an inspection program for all monument
13 establishments in accordance with the requirements of this
14 act. The board shall set by rule an annual inspection fee not
15 to exceed $300, payable upon application for licensure and
16 upon each renewal of such a license.
17 (5) Commencing January 1, 2006, the failure of a
18 monument establishment to deliver and install a purchased
19 monument or marker by the date agreed in the sales agreement
20 shall entitle the customer to a full refund of all amounts
21 paid by the customer for the monument and its delivery and
22 installation, unless the monument establishment has obtained a
23 written agreement from the customer extending the delivery
24 date. Such refund shall be made within 30 days after receipt
25 by the monument establishment of the customer's written
26 request for a refund. This subsection does not preclude the
27 purchase and installation of a new monument from any other
28 registered monument establishment or preneed sales licensee.
29 (6)(a) A change in ownership shall be promptly
30 reported using forms and procedures specified by rule and may
31 require the relicensure of the licensee, including
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1 reinspection and payment of applicable fees, as required by
2 rule.
3 (b) A change in location shall be promptly reported to
4 the licensing authority pursuant to procedures established by
5 rule. Operations by the licensee at a new location may not
6 commence until an inspection by the licensing authority of the
7 facilities, pursuant to rules of the licensing authority, has
8 been conducted and passed at the new location.
9 Section 43. Paragraph (b) of subsection (2) and
10 subsection (4) of section 497.554, Florida Statutes, as
11 created by chapter 2004-301, Laws of Florida, are amended, and
12 subsection (7) is added to that section, to read:
13 497.554 Monument establishment sales
14 representatives.--
15 (2) APPLICATION PROCEDURES.--Licensure as a monument
16 establishment sales agent shall be by submission of an
17 application for licensure to the department on a form
18 prescribed by rule.
19 (b) The applicant shall be required to make disclosure
20 of the applicant's criminal records, if any, as required by s.
21 497.142. The applicant shall submit fingerprints in accordance
22 with s. 497.142. The application shall require the applicant
23 to disclose whether the applicant has ever been convicted or
24 found guilty of, or entered a plea of no contest to,
25 regardless of adjudication, any crime in any jurisdiction.
26 (4) RENEWAL; TERMINATION OF AUTHORITY.--
27 (a) A monument establishment sales agent license under
28 this section shall be renewed upon payment of a fee determined
29 by rule of the licensing authority but not to exceed $250.
30 Once issued, a monument establishment sales agent license of
31 an agent not licensed to make preneed sales shall remain in
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1 effect without renewal until surrendered, or the sponsoring
2 monument establishment terminates the agent's authority to
3 sell on behalf of that monument establishment, or the license
4 is revoked or suspended by the licensing authority for cause.
5 (b) The monument establishment whose officer signed
6 the sales agent application shall terminate that agent's
7 authority to sell on behalf of that monument establishment,
8 and the monument establishment in writing shall advise the
9 licensing authority of such termination within 30 days after
10 the termination.
11 (7) EFFECTIVE DATE.--The provisions of this section
12 shall be effective October 1, 2006.
13 Section 44. Section 497.555, Florida Statutes, as
14 created by chapter 2004-301, Laws of Florida, is amended to
15 read:
16 497.555 Required rules.--Rules shall be adopted
17 establishing minimum standards for access to all cemeteries by
18 licensed monument establishments for the purpose of delivering
19 and installing markers and monuments. In all cases, cemeteries
20 and monument establishments must comply with these minimum
21 standards.
22 Section 45. Paragraphs (d) and (f) of subsection (2)
23 of section 497.602, Florida Statutes, as renumbered and
24 amended by section 127 of chapter 2004-301, Laws of Florida,
25 are amended to read:
26 497.602 Direct disposers, license required; licensing
27 procedures and criteria; regulation.--
28 (2) APPLICATION PROCEDURES.--
29 (d) The applicant shall be required to make disclosure
30 of the applicant's criminal records, if any, as required by s.
31 497.142. The application shall require the applicant to
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1 disclose whether the applicant has ever been convicted or
2 found guilty of, or entered a plea of no contest to,
3 regardless of adjudication, any crime in any jurisdiction.
4 (f) The applicant shall submit fingerprints in
5 accordance with s. 497.142. The application shall require the
6 applicant to provide fingerprints in accordance with part I of
7 this chapter.
8 Section 46. Subsection (1) of section 497.603, Florida
9 Statutes, as renumbered and amended by chapter 2004-301, Laws
10 of Florida, is amended to read:
11 497.603 Direct disposers, renewal of license.--
12 (1) A direct disposer's renewal of license upon
13 receipt of the renewal application and fee set by rule of the
14 licensing authority but not to exceed $500 $250.
15 Section 47. Paragraphs (f), (h), and (j) of subsection
16 (2), paragraphs (a) and (b) of subsection (3), and subsection
17 (7) of section 497.604, Florida Statutes, as renumbered and
18 amended by section 129 of chapter 2004-301, Laws of Florida,
19 are amended, and paragraph (f) is added to subsection (9) of
20 that section, to read:
21 497.604 Direct disposal establishments, license
22 required; 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
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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
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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 48. 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
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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.
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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.
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1 7. Retain all signed contracts for a period of at
2 least 2 years.
3 Section 49. 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) In regard to unclaimed human remains delivered
14 pursuant to s. 406.50 to the control of the anatomical board
15 of this state headquartered at the University of Florida
16 Health Science Center, the provisions of this subsection and
17 chapter shall not be construed to prohibit the anatomical
18 board from causing the final disposition of such unclaimed
19 human remains through cremation by chemical means or
20 otherwise, when performed in facilities owned and operated by
21 the anatomical board or the University of Florida Health
22 Science Center pursuant to and using such processes,
23 equipment, and procedures as the anatomical board determines
24 to be proper and adequate.
25 Section 50. Section 152 of chapter 2004-301, Laws of
26 Florida, is amended to read:
27 Section 152. (1) The rules of the Board of Funeral
28 Directors and Embalmers and of the Department of Business and
29 Professional Regulation relating to the Board of Funeral
30 Directors and Embalmers or implementation of chapter 470,
31 Florida Statutes, which were in effect at 11:59 p.m. on the
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1 day prior to this act taking effect shall become on the
2 subjects that they address the rules of the Department of
3 Financial Services and the Board of Funeral, Cemetery, and
4 Consumer Services and shall remain in effect until amended or
5 repealed in the manner provided by law.
6 (2) The rules of the Board of Funeral and Cemetery
7 Services which were in effect at 11:59 p.m. on the day prior
8 to this act taking effect shall become on the subjects that
9 they address the rules of the Department of Financial Services
10 and the Board of Funeral, Cemetery, and Consumer Services and
11 shall remain in effect until specifically amended or repealed
12 in the manner provided by law.
13 (3) The rules of the Department of Financial Services
14 relating to chapter 497, Florida Statutes, which were in
15 effect at 11:59 p.m. P.M. on the day prior to this act taking
16 effect shall continue in force until thereafter repealed or
17 amended pursuant to chapter 120, Florida Statutes, and this
18 act.
19 Section 51. Subsection (3) of section 626.785, Florida
20 Statutes, is amended to read:
21 626.785 Qualifications for license.--
22 (3) Notwithstanding any other provisions of this
23 chapter, a funeral director, a direct disposer, or an employee
24 of a funeral establishment which holds a certificate of
25 authority pursuant to s. 497.452 s. 497.405 may obtain an
26 agent's license to sell only policies of life insurance
27 covering the expense of a prearrangement for funeral services
28 or merchandise so as to provide funds at the time the services
29 and merchandise are needed. The face amount of insurance
30 covered by any such policy shall not exceed $12,500 $7,500.
31
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1 Section 52. Sections 497.275, 497.388, and 497.556,
2 Florida Statutes, are repealed.
3 Section 53. This act shall take effect October 1,
4 2005.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2346
3
4 The committee substitute (CS) amends s. 316.1974, F.S., to
allow an opinion for a purple light on certain non-law
5 enforcement funeral procession vehicles.
6 The CS amends s. 497.005(7),(8),(11), and (31), F.S., to
reference cremated remains. It does not amend the definition
7 of "legally authorized person" in s. 497.005(36), F.S. It
also does not amend the definition of the term "practice of
8 embalming" in s. 497.005(51), F.S.
9 The CS amends s. 497.101, F.S., to provide for membership on
the Board of Funeral, Cemetery, and Consumer Services (board)
10 by a licensed monument builder and to delete the board
membership for a licensed monument dealer.
11
The CS amends s. 497.140, F.S., to change from October 1, 2009
12 to October 1, 2007 the date after which the board may not
assess and collect a one-time fee to correct any regulatory
13 fee inadequacy. It also provides for the charging and
collection of a $50 delinquency fee for failure to timely
14 renew a license.
15 The CS amends s. 497.141, F.S. to provide a photograph
submission requirement for approved applicants.
16
The CS amends s. 497.152(4)(d), F.S., to provide for licensee
17 discipline for failure to report any violation by a person or
entity which violation is known to the licensee to have
18 created or be creating a serious and immediate danger to the
public health, safety or welfare.
19
The CS amends s. 497.152(15)(b), F.S., to provide the board
20 rulemaking authority to establish criteria for identifying
minor, nonwillful trust remittance deficiencies. It also
21 provides an exception for deficiencies corrected within 30
days after notice to the licensee by the department.
22
The CS amends s. 497.165, F.S., to provide that owners,
23 officers, and directors of any licensee may be held jointly
and severally liable for any deficiency in any trust fund, if
24 intentionally or grossly negligent.
25 The CS amends s. 497.365, F.S., to grant rulemaking authority
for the board to prescribe an application fee for inactive
26 status, a renewal fee for inactive status, a delinquency fee,
and a fee for reactivation of a license. It also requires
27 payment of such fees before reactivation of an inactive
license.
28
The CS amends s. 497.378, F.S., to increase the maximum amount
29 of the renewal fee for a funeral director or embalmer license
from $250 to $500.
30
The CS deletes the exemption for centralized embalming
31 facilities from s. 497.380, F.S.
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Florida Senate - 2005 CS for SB 2346
580-1993-05
1 The CS amends s. 497.380, F.S., to increase the maximum amount
of the renewal fee for a funeral establishment license from
2 $300 to $500.
3 The CS also amends s. 497.453(7), F.S., to increase the
maximum amount of the annual renewal fee for each branch
4 licensee from $300 to $500. It also deletes the provision
that violations by a branch licensee are deemed violations by
5 the sponsoring preneed licensee, unless considered unjust
because of extenuating circumstances.
6
The CS amends s. 497.466, F.S., to provide for licensure and
7 initial temporary licensure and appointments of preneed
licensees and sales agents, including qualifications,
8 application requirements, and the amount of applicable fees.
It also provides for the termination of appointments, and the
9 responsibility of preneed licensees for preneed sales agents.
10 The CS amends s. 497.550, F.S., to create the monument builder
and the monument dealer licensure categories, and to provide
11 that a monument builder is not eligible for a preneed sales
license.
12
The CS amends s. 497.553(1), F.S., to require that the board
13 set by rule an annual inspection fee not to exceed $300 that
is payable upon application for licensure and upon each
14 renewal.
15 The CS amends s. 497.603, F.S., to increase the maximum amount
of the renewal fee for a direct disposer from $250 to $500.
16
The CS amends s. 497.607(4), F.S., to provide that the
17 provisions of ch. 497, F.S., shall not be construed to
prohibit the state's anatomical board to cremate by chemical
18 means, or otherwise, unclaimed human remains by procedures it
determines are proper and adequate.
19
The CS does not amend s. 163.3187, F.S., pertaining to
20 cemetery lands and amendments to adopt comprehensive plans.
21 The CS amends s. 626.785, F.S., to correct a cross-reference.
22
23
24
25
26
27
28
29
30
31
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CODING: Words stricken are deletions; words underlined are additions.