HB 0529

1	A bill to be entitled
2	An act relating to funeral and cemetery industry
3	regulation; amending s. 497.005, F.S.; revising
4	definitions; amending s. 497.101, F.S.; clarifying
5	eligibility for Board of Funeral, Cemetery, and Consumer
6	Services membership; providing rulemaking authority
7	regarding application for board membership; amending s.
8	497.103, F.S.; revising authority of the Department of
9	Financial Services to take emergency action; limiting the
10	authority of the Chief Financial Officer; amending s.
11	497.140, F.S.; revising the time period for board reaction
12	to department revenue projections; providing for future
13	termination of certain assessments; amending s. 497.141,
14	F.S.; revising licensure application procedures to provide
15	for persons other than natural persons; clarifying when
16	licenses may be issued to entities and to natural persons;
17	clarifying the types of entities to which licenses may be
18	issued; providing signature requirements; authorizing the
19	licensing authority to adopt rules; restricting assignment
20	or transfer of license; amending s. 497.142, F.S.;
21	revising fingerprinting requirements; eliminating obsolete
22	references; clarifying requirements as to disclosure of
23	previous criminal records; revising which members of an
24	entity applying for licensure are required to disclose
25	their criminal records; providing for waiver of the
26	fingerprint requirements in certain circumstances;
27	amending s. 497.143, F.S.; prohibiting preneed sales under
28	a limited license; amending s. 497.144, F.S.; requiring a
29	challenger to pay the costs for failure to appear at a
30	challenge hearing; amending s. 497.149, F.S.; revising
31	terminology; amending s. 497.151, F.S.; revising
32	applicability; specifying what is deemed to be a
33	complaint; amending s. 497.152, F.S.; revising
34	disciplinary provisions; revising applicability in other
35	jurisdictions; revising certain grounds for disciplinary
36	action; specifying what is deemed to be a complaint;
37	providing exceptions to remittance deficiency disciplinary
38	infractions; amending s. 497.153, F.S.; providing for the
39	use of consent orders in certain circumstances; amending
40	s. 497.158, F.S.; revising fine amounts; amending s.
41	497.159, F.S.; revising criminal provisions relating to
42	prelicensure examinations, willful obstruction, trust
43	funds, and specified violations; providing penalties;
44	revising what constitutes improper discrimination;
45	amending s. 497.161, F.S.; removing a provision allowing
46	board members to serve as experts in investigations;
47	specifying standing of licensees to challenge rules;
48	amending s. 497.166, F.S.; specifying who may act as a
49	preneed sales agent; providing responsibility of certain
50	licensees; amending s. 497.169, F.S.; revising a provision
51	for award of attorney's fees and costs in certain actions;
52	creating s. 497.171, F.S.; providing requirements for the
53	identification of human remains; amending s. 497.260,
54	F.S.; revising what constitutes improper discrimination by
55	cemeteries; amending s. 497.263, F.S.; revising the
56	applicability of certain application procedures for
57	licensure of cemetery companies; amending s. 497.264,
58	F.S.; revising requirements relating to applicants seeking
59	to acquire control of a licensed cemetery; amending s.
60	497.281, F.S.; revising requirements for licensure of
61	burial rights brokers; amending s. 497.368, F.S.; revising
62	grounds for issuance of licensure as an embalmer by
63	examination; amending s. 497.369, F.S.; revising grounds
64	for issuance of licensure as an embalmer by endorsement;
65	amending s. 497.373, F.S.; revising grounds for issuance
66	of licensure as a funeral director by examination;
67	amending s. 497.374, F.S.; revising grounds for issuance
68	of licensure as a funeral director by endorsement;
69	amending s. 497.376, F.S.; revising authority to issue a
70	combination license as a funeral director and embalmer;
71	authorizes the licensing authority to establish certain
72	rules; amending s. 497.380, F.S.; revising certain
73	requirements for funeral establishments; providing
74	requirements for reporting a change in location of the
75	establishment; amending s. 497.385, F.S.; revising
76	application requirements for licensure of a removal
77	service or a refrigeration service; providing requirements
78	for change in location of removal services and
79	refrigeration services; authorizing the licensing
80	authority to adopt certain rules for centralized embalming
81	facility operations; revising application requirements for
82	licensure of a centralized embalming facility; providing
83	for inspection of centralized embalming facilities;
84	providing for change in ownership and change in location
85	of centralized embalming facilities; amending s. 497.453,
86	F.S.; revising net worth requirements for preneed
87	licensure; specifying authority to accept alternative
88	evidence of financial responsibility in lieu of net worth
89	regarding preneed licensure applicants; providing preneed
90	license renewal fees for monument establishments; revising
91	grounds for issuance of a preneed branch license; amending
92	s. 497.456, F.S.; revising use of the Preneed Funeral
93	Contract Consumer Protection Trust Fund by the licensing
94	authority; amending s. 497.458, F.S.; revising
95	requirements to loan or invest trust funds; amending s.
96	497.466, F.S.; revising application procedures for preneed
97	sales agents; creating s. 497.468, F.S.; providing for
98	disclosure of information to the public; amending s.
99	497.550, F.S.; revising application procedures for
100	licensure as a monument establishment; amending s.
101	497.551, F.S.; revising requirements for renewal of
102	monument establishment licensure; amending s. 497.552,
103	F.S.; revising facility requirements for monument
104	establishments; amending s. 497.553, F.S.; providing
105	requirements for change of ownership and location of
106	monument establishments; amending s. 497.554, F.S.;
107	revising application procedure and renewal requirements
108	for monument establishment sales representatives;
109	deferring application of section; amending s. 497.555,
110	F.S.; revising requirements for rules establishing minimum
111	standards for access to cemeteries; amending s. 497.602,
112	F.S.; revising application procedures for direct disposer
113	licensure; amending s. 497.604, F.S.; revising provisions
114	concerning direct disposal establishment licensure and
115	application for licensure and regulation of direct
116	disposal establishments; amending s. 497.606, F.S.;
117	revising provisions concerning cinerator facility
118	licensure and application for licensure and regulation of
119	cinerator facilities; amending s. 497.607, F.S.; providing
120	for publication of rules regarding cremation by chemical
121	means; amending s. 152, ch. 2004-301, Laws of Florida;
122	specifying applicability of rules; amending s. 626.785,
123	F.S.; revising a policy coverage limit; repealing s.
124	497.275, F.S., relating to identification of human remains
125	in licensed cemeteries; repealing s. 497.388, F.S.,
126	relating to identification of human remains; repealing s.
127	497.556, F.S., relating to requirements relating to
128	monument establishments; providing an effective date.
129
130	Be It Enacted by the Legislature of the State of Florida:
131
132	Section 1.  Section 497.005, as amended by chapter 2004-
133	301, Laws of Florida, is amended to read:
134	497.005  Definitions.--As used in this chapter:
135	(1)  "Alternative container" means an unfinished wood box
136	or other nonmetal receptacle or enclosure, without ornamentation
137	or a fixed interior lining, which is designed for the encasement
138	of human remains and which is made of fiberboard, pressed wood,
139	composition materials (with or without an outside covering), or
140	like materials a nonmetal receptacle or enclosure which is less
141	expensive than a casket and of sufficient strength to be used to
142	hold and transport a dead human body.
143	(2)  "At-need solicitation" means any uninvited contact by
144	a licensee or her or his agent for the purpose of the sale of
145	burial services or merchandise to the family or next of kin of a
146	person after her or his death has occurred.
147	(3)  "Bank of belowground crypts" means any construction
148	unit of belowground crypts which is acceptable to the department
149	and which a cemetery uses to initiate its belowground crypt
150	program or to add to existing belowground crypt structures.
151	(4)  "Belowground crypts" consist of interment space in
152	preplaced chambers, either side by side or multiple depth,
153	covered by earth and sod and known also as "lawn crypts,"
154	"westminsters," or "turf-top crypts."
155	(5)  "Board" means the Board of Funeral, Cemetery, and
156	Consumer Services.
157	(6)  "Body parts" means:
158	(a)  Limbs or other portions of the anatomy which are
159	removed from a person or human remains for medical purposes
160	during treatment, surgery, biopsy, autopsy, or medical research;
161	or
162	(b)  Human bodies or any portions of human bodies which
163	have been donated to science for medical research purposes.
164	(6)(7)  "Burial merchandise," "funeral merchandise," or
165	"merchandise" means any personal property offered or sold by any
166	person for use in connection with the final disposition,
167	memorialization, interment, entombment, or inurnment of human
168	remains or cremated remains, including, but not limited to,
169	caskets, outer burial containers, alternative containers,
170	cremation containers, cremation interment containers, urns,
171	monuments, private mausoleums, flowers, benches, vases,
172	acknowledgment cards, register books, memory folders, prayer
173	cards, and clothing.
174	(7)(8)  "Burial right" means the right to use a grave
175	space, mausoleum, columbarium, ossuary, or scattering garden for
176	the interment, entombment, inurnment, or other disposition of
177	human remains.
178	(8)(9)  "Burial service," "funeral service," "funeral," or
179	"service" means any service offered or provided by any person in
180	connection with the final disposition, memorialization,
181	interment, entombment, or inurnment of human remains.
182	(9)(10)  "Care and maintenance" means the perpetual process
183	of keeping a cemetery and its lots, graves, grounds,
184	landscaping, roads, paths, parking lots, fences, mausoleums,
185	columbaria, vaults, crypts, utilities, and other improvements,
186	structures, and embellishments in a well-cared-for and dignified
187	condition, so that the cemetery does not become a nuisance or
188	place of reproach and desolation in the community. As specified
189	in the rules of the licensing authority, "care and maintenance"
190	may include, but is not limited to, any or all of the following
191	activities: mowing the grass at reasonable intervals; raking and
192	cleaning the grave spaces and adjacent areas; pruning of shrubs
193	and trees; suppression of weeds and exotic flora; and
194	maintenance, upkeep, and repair of drains, water lines, roads,
195	buildings, and other improvements. "Care and maintenance" may
196	include, but is not limited to, reasonable overhead expenses
197	necessary for such purposes, including maintenance of machinery,
198	tools, and equipment used for such purposes. "Care and
199	maintenance" may also include repair or restoration of
200	improvements necessary or desirable as a result of wear,
201	deterioration, accident, damage, or destruction. "Care and
202	maintenance" does not include expenses for the construction and
203	development of new grave spaces or interment structures to be
204	sold to the public.
205	(10)(11)  "Casket" means a rigid container which is
206	designed for the encasement of human remains and which is
207	usually constructed of wood or metal, ornamented, and lined with
208	fabric.
209	(11)(12)  "Cemetery" means a place dedicated to and used or
210	intended to be used for the permanent interment of human
211	remains. A cemetery may contain land or earth interment;
212	mausoleum, vault, or crypt interment; a columbarium, ossuary,
213	scattering garden, or other structure or place used or intended
214	to be used for the interment or disposition of cremated remains;
215	or any combination of one or more of such structures or places.
216	(12)(13)  "Cemetery company" means any legal entity that
217	owns or controls cemetery lands or property.
218	(13)(14)  "Centralized embalming facility" means a
219	facility, not physically connected with a funeral establishment,
220	in which embalming takes place that operates independently of a
221	funeral establishment licensee and that offers embalming
222	services to funeral directors for a fee.
223	(14)(15)  "Cinerator" means a facility where dead human
224	bodies are subjected to cremation. reduced to a residue,
225	including bone fragments, by direct flame, also known as
226	"cremation," or by intense heat, also known as "calcination."
227	(15)(16)  "Closed container" means any container in which
228	cremated remains can be placed and closed in a manner so as to
229	prevent leakage or spillage of the remains.
230	(16)(17)  "Columbarium" means a structure or building which
231	is substantially exposed above the ground and which is intended
232	to be used for the inurnment of cremated remains.
233	(17)(18)  "Common business enterprise" means a group of two
234	or more business entities that share common ownership in excess
235	of 50 percent.
236	(18)(19)  "Control" means the possession, directly or
237	indirectly, through the ownership of voting shares, by contract,
238	arrangement, understanding, relationship, or otherwise, of the
239	power to direct or cause the direction of the management and
240	policies of a person or entity. However, a person or entity
241	shall not be deemed to have control if the person or entity
242	holds voting shares, in good faith and not for the purpose of
243	circumventing this definition, as an agent, bank, broker,
244	nominee, custodian, or trustee for one or more beneficial owners
245	who do not individually or as a group have control.
246	(19)(20)  "Cremated remains" means all the remains of the
247	human body recovered after the completion of the cremation
248	process, including processing or pulverization which leaves only
249	bone fragments reduced to unidentifiable dimensions and may
250	include the residue of any foreign matter, including casket
251	material, bridgework, or eyeglasses that were cremated with the
252	human remains.
253	(20)(21)  "Cremation" means any mechanical or thermal
254	process whereby a dead human body is reduced to ashes and bone
255	fragments. Cremation also includes any other mechanical or
256	thermal process whereby human remains are pulverized, burned,
257	recremated, or otherwise further reduced in size or quantity the
258	technical process, using direct flame and heat or chemical
259	means, which reduces human remains to bone fragments through
260	heat and evaporation. Cremation includes the processing and
261	usually includes the pulverization of the bone fragments.
262	(21)(22)  "Cremation chamber" means the enclosed space
263	within which the cremation process takes place. Cremation
264	chambers covered by these procedures must be used exclusively
265	for the cremation of human remains.
266	(22)(23)  "Cremation container" means the casket or
267	alternative container in which the human remains are transported
268	to and placed in the cremation chamber for a cremation. A
269	cremation container should meet substantially all of the
270	following standards:
271	(a)  Be composed of readily combustible materials suitable
272	for cremation.
273	(b)  Be able to be closed in order to provide a complete
274	covering for the human remains.
275	(c)  Be resistant to leakage or spillage.
276	(d)  Be rigid enough to be handled with ease.
277	(e)  Be able to provide protection for the health, safety,
278	and personal integrity of crematory personnel.
279	(23)(24)  "Cremation interment container" means a rigid
280	outer container that, subject to a cemetery's rules and
281	regulations, is composed of concrete, steel, fiberglass, or some
282	similar material in which an urn is placed prior to being
283	interred in the ground and that is designed to support the earth
284	above the urn.
285	(24)(25)  "Department" means the Department of Financial
286	Services.
287	(25)(26)  "Direct disposal establishment" means a facility
288	licensed under this chapter where a direct disposer practices
289	direct disposition.
290	(26)(27)  "Direct disposer" means any person licensed under
291	this chapter to practice direct disposition in this state.
292	(27)(28)  "Director" means the director of the Division of
293	Funeral, Cemetery, and Consumer Services.
294	(28)(29)  "Disinterment" means removal of a dead human body
295	from earth interment or aboveground interment.
296	(29)(30)  "Division" means the Division of Funeral,
297	Cemetery, and Consumer Services within the Department of
298	Financial Services.
299	(30)(31)  "Embalmer" means any person licensed under this
300	chapter to practice embalming in this state.
301	(31)(32)  "Final disposition" means the final disposal of a
302	dead human body by earth interment, aboveground interment,
303	cremation, burial at sea, or delivery to a medical institution
304	for lawful dissection if the medical institution assumes
305	responsibility for disposal. "Final disposition" does not
306	include the disposal or distribution of ashes and residue of
307	cremated remains.
308	(33)  "Funeral" or "funeral service" means the observances,
309	services, or ceremonies held to commemorate the life of a
310	specific deceased human being and at which the human remains are
311	present.
312	(32)(34)  "Funeral director" means any person licensed
313	under this chapter to practice funeral directing in this state.
314	(33)(35)  "Funeral establishment" means a facility licensed
315	under this chapter where a funeral director or embalmer
316	practices funeral directing or embalming.
317	(36)  "Funeral merchandise" or "merchandise" means any
318	merchandise commonly sold in connection with the funeral, final
319	disposition, or memorialization of human remains, including, but
320	not limited to, caskets, outer burial containers, alternative
321	containers, cremation containers, cremation interment
322	containers, urns, monuments, private mausoleums, flowers,
323	benches, vases, acknowledgment cards, register books, memory
324	folders, prayer cards, and clothing.
325	(34)(37)  "Grave space" means a space of ground in a
326	cemetery intended to be used for the interment in the ground of
327	human remains.
328	(35)(38)  "Human remains" or "remains," or "dead human
329	body" or "dead human bodies," means the body of a deceased human
330	person for which a death certificate or fetal death certificate
331	is required under chapter 382 and includes the body in any stage
332	of decomposition and the residue of cremated human bodies.
333	(36)(39)  "Legally authorized person" means, in the
334	priority listed, the decedent, when written inter vivos
335	authorizations and directions are provided by the decedent in
336	their will; the surviving spouse, unless the spouse has been
337	arrested for committing against the deceased an act of domestic
338	violence as defined in s. 741.28 which resulted in or
339	contributed to the death of the deceased; a son or daughter who
340	is 18 years of age or older; a parent; a brother or sister who
341	is 18 years of age or older; a grandchild who is 18 years of age
342	or older; a grandparent; or any person in the next degree of
343	kinship. In addition, the term may include, if no family member
344	exists or is available, the guardian of the dead person at the
345	time of death; the personal representative of the deceased; the
346	attorney in fact of the dead person at the time of death; the
347	health surrogate of the dead person at the time of death; a
348	public health officer; the medical examiner, county commission,
349	or administrator acting under part II of chapter 406 or other
350	public administrator; a representative of a nursing home or
351	other health care institution in charge of final disposition; or
352	a friend or other person not listed in this subsection who is
353	willing to assume the responsibility as the legally authorized
354	person. Where there is a person in any priority class listed in
355	this subsection, the funeral establishment shall rely upon the
356	authorization of any one legally authorized person of that class
357	if that individual represents that she or he is not aware of any
358	objection to the cremation of the deceased's human remains by
359	others in the same class of the person making the representation
360	or of any person in a higher priority class.
361	(37)(40)  "License" includes all authorizations required or
362	issued under this chapter, except where expressly indicated
363	otherwise, and shall be understood to include authorizations
364	previously referred to as registrations or certificates of
365	authority in chapters 470 and 497 as those chapters appeared in
366	the 2004 edition of the Florida Statutes.
367	(38)(41)  "Licensee" means the person or entity holding any
368	license or other authorization issued under this chapter, except
369	where expressly indicated otherwise.
370	(39)(42)  "Mausoleum" means a structure or building which
371	is substantially exposed above the ground and which is intended
372	to be used for the entombment of human remains.
373	(40)(43)  "Mausoleum section" means any construction unit
374	of a mausoleum which is acceptable to the department and which a
375	cemetery uses to initiate its mausoleum program or to add to its
376	existing mausoleum structures.
377	(41)(44)  "Monument" means any product used for identifying
378	a grave site and cemetery memorials of all types, including
379	monuments, markers, and vases.
380	(42)(45)  "Monument establishment" means a facility that
381	operates independently of a cemetery or funeral establishment
382	and that offers to sell monuments or monument services to the
383	public for placement in a cemetery.
384	(43)(46)  "Net assets" means the amount by which the total
385	assets of a licensee, excluding goodwill, franchises, customer
386	lists, patents, trademarks, and receivables from or advances to
387	officers, directors, employees, salespersons, and affiliated
388	companies, exceed total liabilities of the licensee. For
389	purposes of this definition, the term "total liabilities" does
390	not include the capital stock, paid-in capital, or retained
391	earnings of the licensee.
392	(44)(47)  "Net worth" means total assets minus total
393	liabilities pursuant to generally accepted accounting
394	principles.
395	(45)(48)  "Niche" means a compartment or cubicle for the
396	memorialization or permanent placement of a container or urn
397	containing cremated remains.
398	(46)(49)  "Ossuary" means a receptacle used for the
399	communal placement of cremated remains without benefit of an urn
400	or any other container in which cremated remains may be
401	commingled with other cremated remains and are nonrecoverable.
402	It may or may not include memorialization.
403	(47)(50)  "Outer burial container" means an enclosure into
404	which a casket is placed and includes, but is not limited to,
405	vaults made of concrete, steel, fiberglass, or copper; sectional
406	concrete enclosures; crypts; and wooden enclosures.
407	(48)(51)  "Person," when used without qualification such as
408	"natural" or "individual," includes both natural persons and
409	legal entities.
410	(49)(52)  "Personal residence" means any residential
411	building in which one temporarily or permanently maintains her
412	or his abode, including, but not limited to, an apartment or a
413	hotel, motel, nursing home, convalescent home, home for the
414	aged, or a public or private institution.
415	(50)(53)  "Practice of direct disposition" means the
416	cremation of human remains without preparation of the human
417	remains by embalming and without any attendant services or rites
418	such as funeral or graveside services or the making of
419	arrangements for such final disposition.
420	(51)(54)  "Practice of embalming" means disinfecting or
421	temporarily preserving or attempting to disinfect or temporarily
422	preserve dead human bodies by replacing certain body fluids with
423	preserving and disinfecting chemicals.
424	(52)(55)  "Practice of funeral directing" means the
425	performance by a licensed funeral director of any of those
426	functions authorized by s. 497.372.
427	(53)(56)  "Preneed contract" means any arrangement or
428	method, of which the provider of funeral merchandise or services
429	has actual knowledge, whereby any person agrees to furnish
430	funeral merchandise or service in the future.
431	(54)(57)  "Preneed sales agent" means any person who is
432	licensed under this chapter to sell preneed burial or funeral
433	service and merchandise contracts or direct disposition
434	contracts in this state.
435	(55)(58)  "Principal" means and includes the sole
436	proprietor of a sole proprietorship; all partners of a
437	partnership; all members of a limited liability company;
438	regarding a corporation, all directors and officers, and all
439	stockholders controlling more than 10 percent of the voting
440	stock; and all other persons who can exercise control over the
441	person or entity.
442	(56)(59)  "Processing" means the reduction of identifiable
443	bone fragments after the completion of the cremation process to
444	unidentifiable bone fragments by manual means.
445	(57)(60)  "Profession" and "occupation" are used
446	interchangeably in this chapter. The use of the word
447	"profession" in this chapter with respect to any activities
448	regulated under this chapter shall not be deemed to mean that
449	such activities are not occupations for other purposes in state
450	or federal law.
451	(58)(61)  "Pulverization" means the reduction of
452	identifiable bone fragments after the completion of the
453	cremation and processing to granulated particles by manual or
454	mechanical means.
455	(59)(62)  "Refrigeration facility" means a facility that is
456	operated independently of not physically connected with a
457	funeral establishment, crematory, or direct disposal
458	establishment, that maintains space and equipment for the
459	storage and refrigeration of dead human bodies, and that offers
460	its service to funeral directors, and funeral establishments,
461	direct disposers, direct disposal establishments, or crematories
462	for a fee.
463	(60)(63)  "Religious institution" means an organization
464	formed primarily for religious purposes which has qualified for
465	exemption from federal income tax as an exempt organization
466	under the provisions of s. 501(c)(3) of the Internal Revenue
467	Code of 1986, as amended.
468	(61)(64)  "Removal service" means any service that operates
469	independently of a funeral establishment or a direct disposal
470	establishment, that handles the initial removal of dead human
471	bodies, and that offers its service to funeral establishments
472	and direct disposal establishments for a fee.
473	(62)(65)  "Rules" refers to rules adopted under this
474	chapter unless expressly indicated to the contrary.
475	(63)(66)  "Scattering garden" means a location set aside,
476	within a cemetery, which is used for the spreading or
477	broadcasting of cremated remains that have been removed from
478	their container and can be mixed with or placed on top of the
479	soil or ground cover or buried in an underground receptacle on a
480	commingled basis and that are nonrecoverable. It may or may not
481	include memorialization.
482	(64)(67)  "Servicing agent" means any person acting as an
483	independent contractor whose fiduciary responsibility is to
484	assist both the trustee and licensee in administrating their
485	responsibilities pursuant to this chapter.
486	(65)(68)  "Solicitation" means any communication which
487	directly or implicitly requests an immediate oral response from
488	the recipient.
489	(66)(69)  "Statutory accounting" means generally accepted
490	accounting principles, except as modified by this chapter.
491	(67)(70)  "Temporary container" means a receptacle for
492	cremated remains usually made of cardboard, plastic, or similar
493	material designated to hold the cremated remains until an urn or
494	other permanent container is acquired.
495	(68)(71)  "Urn" means a receptacle designed to permanently
496	encase cremated remains.
497	Section 2.  Subsection (2) of section 497.101, Florida
498	Statutes, as amended by chapter 2004-301, Laws of Florida, is
499	amended, and subsection (8) is added to said section, to read:
500	497.101  Board of Funeral, Cemetery, and Consumer Services;
501	membership; appointment; terms.--
502	(2)  Two members of the board must be funeral directors
503	licensed under part III of this chapter who are associated with
504	a funeral establishment. One member of the board must be a
505	funeral director licensed under part III of this chapter who is
506	associated with a funeral establishment licensed under part III
507	of this chapter which has a valid preneed license issued
508	pursuant to this chapter and who owns or operates a cinerator
509	facility approved under chapter 403 and licensed under part VI
510	of this chapter. Two members of the board must be persons whose
511	primary occupation is associated with a cemetery company
512	licensed pursuant to this chapter. Three members of the board
513	must be consumers who are residents of the state, have never
514	been licensed as funeral directors or embalmers, are not
515	connected with a cemetery or cemetery company licensed pursuant
516	to this chapter, and are not connected with the death care
517	industry or the practice of embalming, funeral directing, or
518	direct disposition. One of the consumer members must be at least
519	60 years of age, and one must be licensed as a certified public
520	accountant under chapter 473. One member of the board must be a
521	monument dealer licensed under this chapter. One member must be
522	the State Health Officer or her or his designee. There shall not
523	be two or more board members who are principals or directors,
524	employees, partners, shareholders, or members of the same
525	company or partnership or group of companies or partnerships
526	under common control.
527	(8)  The department shall adopt rules establishing forms by
528	which persons may apply for membership on the board and
529	procedures for applying for such membership. Such forms shall
530	require disclosure of the existence and nature of all current
531	and past employments by or contracts with, and direct or
532	indirect affiliations or interests in, any entity or business
533	which at any time was licensed by the board or by the former
534	Board of Funeral and Cemetery Services or the former Board of
535	Funeral Directors and Embalmers or which is or was otherwise
536	involved in the death care industry, as specified by department
537	rule.
538	Section 3.  Paragraph (m) of subsection (2) of section
539	497.103, Florida Statutes, as amended by chapter 2004-301, Laws
540	of Florida, is amended, and paragraph (e) is added to subsection
541	(4) of said section, to read:
542	497.103  Rulemaking authority of board and department.--
543	(2)  DEPARTMENT AUTHORITY.--All authority provided by this
544	chapter and not expressly vested in the board by subsection (1)
545	is vested in the department, and the department shall be deemed
546	to be the licensing authority as to such matters. Without
547	limiting the generality of the foregoing vesting of authority in
548	the department, the authority provided by this chapter which is
549	vested solely in the department includes:
550	(m)  Authority to take emergency action against any
551	licensee under this chapter, without prior consultation with the
552	board, when the department determines that there is an imminent
553	danger to the health, safety, or welfare of the citizens of the
554	state.
555	(4)  RECOMMENDATIONS BY THE CHIEF FINANCIAL OFFICER.--
556	(e)  The Chief Financial Officer shall have no authority by
557	recommendation or otherwise to set fees, rates, or prices to be
558	used by any licensee under this chapter, and notwithstanding the
559	provision of this subsection, no licensee under this chapter
560	shall in any event be required to set fees, rates, or prices in
561	accordance with any recommendation of the Chief Financial
562	Officer.
563	Section 4.  Paragraphs (b) and (c) of subsection (1) of
564	section 497.140, Florida Statutes, as renumbered and amended by
565	section 10 of chapter 2004-301, Laws of Florida, is amended to
566	read:
567	497.140  Fees.--
568	(1)
569	(b)  It is the legislative intent that the costs of
570	regulation under this chapter be provided for by fees collected
571	under this chapter. The board shall ensure that fees are
572	adequate to cover all anticipated costs of implementation of
573	this chapter. The department shall at least every other year
574	provide the board with estimates as to projected costs in
575	implementing this chapter and projected fee collections under
576	this chapter for the following 2 years, information as to
577	balances of regulatory trusts from fees collected, other
578	information which the department deems material to the setting
579	of fees by the board at proper levels, and a department
580	recommendation as to action, if any, regarding changing fee
581	levels. The board shall review such information provided by the
582	department and make such changes in fees, up or down, as the
583	board determines appropriate. If sufficient action is not taken
584	by the board within 6 months 1 year after notification by the
585	department that fees are projected to be inadequate, the
586	department shall set fees on behalf of the board to cover
587	anticipated costs.
588	(c)  The board may from time to time by rule assess and
589	collect a one-time fee from each active and each voluntary
590	inactive licensee under this chapter in an amount necessary to
591	correct an inadequacy of fees received to implement regulation
592	required by this chapter, provided that no such assessments may
593	be made after October 1, 2009 more than one such assessment may
594	be made in any 4-year period without specific legislative
595	authorization.
596	Section 5.  Subsection (2) of section 497.141, Florida
597	Statutes, as created by chapter 2004-301, Laws of Florida, is
598	amended, and subsection (12) is added to said section, to read:
599	497.141  Licensing; general application procedures.--
600	(2)  Any person desiring to be licensed shall apply to the
601	licensing authority in writing using such forms and procedures
602	as may be prescribed by rule. The application for licensure
603	shall include the applicant's social security number if
604	applicant is a natural person, otherwise the applicant's federal
605	tax identification number. Notwithstanding any other provision
606	of law, the department is the sole authority for determining the
607	forms and form contents to be submitted for initial licensure
608	and licensure renewal application. Such forms and the
609	information and materials required by such forms may include, as
610	appropriate, demographics, education, work history, personal
611	background, criminal history, finances, business information,
612	signature notarization, performance periods, reciprocity, local
613	government approvals, supporting documentation, periodic
614	reporting requirements, fingerprint requirements, continuing
615	education requirements, business plans, character references,
616	and ongoing education monitoring. Such forms and the information
617	and materials required by such forms may also include, to the
618	extent such information or materials are not already in the
619	possession of the department or the board, records or
620	information as to complaints, inspections, investigations,
621	discipline, bonding, and photographs. The application shall be
622	supplemented as needed to reflect any material change in any
623	circumstance or condition stated in the application which takes
624	place between the initial filing of the application and the
625	final grant or denial of the license and which might affect the
626	decision of the department or the board.
627	(12)(a)  The following licenses may only be applied for and
628	issued to a natural person:
629	1.  Embalmer apprentice.
630	2.  Embalmer intern.
631	3.  Funeral director intern.
632	4.  Funeral director.
633	5.  Funeral director and embalmer.
634	6.  Direct disposer.
635	7.  Monument establishment sales agent.
636	8.  Preneed sales agent.
637	(b)  The following licenses may be applied for and issued
638	to a natural person, a corporation, a limited liability company,
639	or a partnership:
640	1.  Funeral establishment.
641	2.  Centralized embalming facility.
642	3.  Refrigeration facility.
643	4.  Direct disposal establishment.
644	5.  Monument establishment.
645	6.  Cinerator facility.
646	7.  Removal service.
647	8.  Preneed sales business under s. 497.453.
648	(c)  A cemetery license may only be applied for and issued
649	to a corporation, partnership, or limited liability company.
650	(d)  No license shall be issued to any applicant that is a
651	corporation, limited liability company, or partnership unless
652	the applicant is organized and in good standing under the laws
653	of Florida or another state of the United States and provides
654	written proof of same issued by the applicable state office or
655	official in the state concerned. Each applicant that is a
656	corporation, limited liability company, or partnership shall
657	file with its application a written statement, signed by the
658	same person who signs the application, identifying by name and
659	business functional title the following persons, as applicable
660	to the type of entity applying: officers, managers, managing
661	members, partners, general partners, limited partners, managing
662	partners, directors, all stockholders controlling more than 10
663	percent of the voting stock, and all other persons who can
664	exercise control over the applicant. The licensing authority may
665	require the filing of applicant's articles of incorporation or
666	other organizational documents, and a resume concerning any
667	person identified pursuant to this paragraph.
668	(e)  All applications shall be signed by the applicant.
669	Signatures of the applicant shall be as follows:
670	1.  Where the applicant is a natural person, the
671	application shall be signed by applicant.
672	2.  Where the applicant is a corporation, the application
673	shall be signed by the corporation's president.
674	3.  Where the applicant is a partnership, the application
675	shall be signed by a partner, who shall provide proof
676	satisfactory to the licensing authority of that partner's
677	authority to sign on behalf of the partnership.
678	4.  Where the applicant is a limited liability company, the
679	application shall be signed by a member of the company, who
680	shall provide proof satisfactory to the licensing authority of
681	that member's authority to sign on behalf of the company.
682	(f)  The licensing authority shall have authority to adopt
683	rules for the implementation of this section, including required
684	procedures and forms.
685	(g)  No license regulated under this chapter is assignable
686	or transferable except as provided in this chapter.
687	Section 6.  Section 497.142, Florida Statutes, as created
688	by chapter 2004-301, Laws of Florida, is amended to read:
689	497.142  Licensing; fingerprinting and criminal background
690	checks.--
691	(1)  In any instance that this chapter requires submission
692	of fingerprints in connection with an application for license,
693	the provisions of this section shall apply.
694	(2)  The fingerprints must be taken by a law enforcement
695	agency or other agency or entity approved by the department and
696	in such a way as to allow their use to obtain a criminal history
697	check through the Department of Law Enforcement.
698	(3)  The department shall submit the fingerprints to or
699	cause them to be submitted to the Department of Law Enforcement
700	for the purpose of ascertaining whether the person fingerprinted
701	has a criminal history in any state or before the Federal
702	Government and, if so, the nature of the criminal history.
703	(4)  The Department of Law Enforcement may accept
704	fingerprints of any applicant under this chapter, any principal
705	of any such applicant, and any other person who is examined or
706	investigated or who is subject to examination or investigation
707	under the provisions of this chapter.
708	(5)  The Department of Law Enforcement may, to the extent
709	provided for by federal law, exchange state, multistate, and
710	federal criminal history records with the department and the
711	board for the purpose of the issuance, denial, suspension, or
712	revocation of any license or other application under this
713	chapter.
714	(6)  The Department of Law Enforcement may accept
715	fingerprints of any other person required by statute or rule to
716	submit fingerprints to the department or board or any applicant
717	or licensee regulated by the department or board who is required
718	to demonstrate that she or he has not been convicted of or pled
719	guilty or nolo contendere to a felony or a misdemeanor.
720	(6)(7)  The Department of Law Enforcement shall, upon
721	receipt of fingerprints from the department, submit the
722	fingerprints to the Federal Bureau of Investigation to check
723	federal criminal history records.
724	(7)(8)  Statewide criminal records obtained through the
725	Department of Law Enforcement, federal criminal records obtained
726	through the Federal Bureau of Investigation, and local criminal
727	records obtained through local law enforcement agencies shall be
728	used by the department and board for the purpose of issuance,
729	denial, suspension, or revocation of certificates of authority,
730	certifications, or licenses issued to operate in this state.
731	(8)(9)  For the purposes of criminal background checks,
732	applicants and principals of applicants for any approval or
733	license under this chapter may be required to disclose whether
734	they have ever had their name legally changed and any prior name
735	or names they have used.
736	(9)(10)  If any applicant under this chapter has been,
737	within the 10 years preceding the application under this
738	chapter, convicted or found guilty of, or entered a plea of nolo
739	contendere to, regardless of adjudication, any crime in any
740	jurisdiction, the application shall not be deemed complete until
741	such time as the applicant provides such certified true copies
742	of the court records evidencing the conviction, finding, or
743	plea, as the licensing authority may by rule require.
744	(10)(a)  When applying for any license under this chapter,
745	every applicant shall be required to disclose the applicant's
746	criminal records in accordance with this subsection.
747	(b)  The criminal record required to be disclosed shall be
748	any crime listed in paragraph (c) of which the person or entity
749	required to make disclosure has been convicted or to which that
750	person or entity entered a plea in the nature of no contest.
751	Disclosure shall be required pursuant to this subsection
752	regardless of whether adjudication was entered or withheld by
753	the court in which the case was prosecuted.
754	(c)  Crimes to be disclosed are:
755	1.  Any felony or misdemeanor, no matter when committed,
756	which was directly or indirectly related to or involving any
757	aspect of the practice or business of funeral directing,
758	embalming, direct disposition, cremation, funeral or cemetery
759	preneed sales, funeral establishment operations, cemetery
760	operations, or cemetery monument or marker sales or
761	installation.
762	2.  Any other felony not already disclosed under
763	subparagraph 1. which was committed within the 20 years
764	immediately preceding the application under this chapter.
765	3.  Any other misdemeanor not already disclosed under
766	subparagraph 1. which was committed within the 5 years
767	immediately preceding the application under this chapter.
768	(d)  Criminal records falling within paragraphs (b) and (c)
769	shall be disclosed regardless of whether the criminal conduct
770	occurred inside or outside the state and regardless of whether
771	the criminal prosecution occurred in state court or the court of
772	another state, the United States, or a foreign country. As to
773	crimes prosecuted in courts other than the courts of this state,
774	the designation of the crime as a felony or misdemeanor by the
775	law of the jurisdiction prosecuting the crime shall control. If
776	the prosecuting jurisdiction does not use the term "felony" or
777	"misdemeanor" in classifying the crime, the crime shall be
778	deemed a felony for purposes of this subsection if punishable
779	under the law of the prosecuting jurisdiction by a term of
780	imprisonment in excess of 1 year, otherwise the crime shall be
781	classified as a misdemeanor for purposes of this subsection.
782	Excessive speed in the operation of a motor vehicle and other
783	noncriminal traffic infractions are not required to be reported
784	under this section.
785	(e)  For purposes of this subsection, the persons required
786	to make disclosure of their criminal records in relation to an
787	application shall be as follows:
788	1.  Where the applicant is a natural person, only the
789	natural person making application has the duty to disclose.
790	2.  Where the applicant is a corporation, all officers and
791	directors of that corporation have the duty to disclose.
792	3.  Where the applicant is a limited liability company, all
793	managers and members of the limited liability company have the
794	duty to disclose.
795	4.  Where the applicant is a partnership, all partners have
796	the duty to disclose.
797	5.  Where the applicant is required by this chapter to
798	identify in the application the individual licensee under this
799	chapter who will be in charge of the applicant, the identified
800	individual licensee in charge must make disclosure of criminal
801	records as part of the application, in addition to applicant.
802	(f)  In addition to persons identified in paragraph (e) as
803	being required to provide a criminal history in relation to an
804	application for license, the department may during its
805	prelicensing investigation of the applicant pursuant to
806	subsection (3), on a case by case basis, require disclosure of
807	criminal records from any other employee or principal of the
808	applicant, if the department has grounds to believe that such
809	employee or principal has committed any crime and that the
810	person's relationship to the applicant may render the applicant
811	a danger to the public if the license applied for is issued.
812	(g)  The licensing authority may adopt rules specifying
813	forms and procedures to be utilized by persons required to
814	disclose criminal records under this subsection. The licensing
815	authority may conduct investigation and further inquiry of any
816	person regarding any criminal record disclosed pursuant to this
817	section.
818	(11)(a)  Whenever in this chapter an applicant is required
819	to submit fingerprints in applying for a license, the persons
820	whose fingerprints must be submitted shall be as follows:
821	1.  Where the applicant is a natural person, the
822	fingerprints of the natural person making application.
823	2.  Where the applicant is a corporation, the fingerprints
824	of the persons serving in the following capacities: chief
825	executive officer and president, or both persons if the
826	positions are filled by different persons; chief financial
827	officer; chief of operations; general counsel if a corporation
828	employee; and members of the board.
829	3.  Where the applicant is a limited liability company, the
830	fingerprints of all managers and members of the limited
831	liability company.
832	4.  Where the applicant is a partnership, the fingerprints
833	of all partners.
834	(b)  In addition to persons identified in paragraph (a) as
835	being required to provide fingerprints, the department may
836	during its prelicensing investigation of the applicant pursuant
837	to subsection (3), on a case by case basis, require fingerprints
838	from any other employee of the applicant, if the department has
839	grounds to believe that any such person may have committed any
840	crime and that the person's relationship to the applicant may
841	render the applicant a danger to the public if the license
842	applied for is issued.
843	(12)  The licensing authority may by rule establish forms,
844	procedures, and fees for the submission and processing of
845	fingerprints required to be submitted in accordance with this
846	chapter. The licensing authority may by rule waive the
847	requirement for submission of fingerprints otherwise required by
848	this chapter if the person has within the preceding 24 months
849	submitted fingerprints to the licensing authority and the
850	licensing authority has obtained a criminal history report
851	utilizing those prior fingerprints.
852	Section 7.  Subsection (2) of section 497.143, Florida
853	Statutes, as created by chapter 2004-301, Laws of Florida, is
854	amended to read:
855	497.143  Licensing; limited licenses for retired
856	professionals.--
857	(2)  Any person desiring to obtain a limited license, when
858	permitted by rule, shall submit to the department an application
859	and fee, not to exceed $300, and an affidavit stating that the
860	applicant has been licensed to practice in any jurisdiction in
861	the United States for at least 10 years in the profession for
862	which the applicant seeks a limited license. The affidavit shall
863	also state that the applicant has retired or intends to retire
864	from the practice of that profession and intends to practice
865	only pursuant to the restrictions of the limited license granted
866	pursuant to this section. If the applicant for a limited license
867	submits a notarized statement from the employer stating that the
868	applicant will not receive monetary compensation for any service
869	involving the practice of her or his profession, the application
870	and all licensure fees shall be waived. In no event may a person
871	holding a limited license under this section engage in preneed
872	sales under such limited license.
873	Section 8.  Subsection (13) of section 497.144, Florida
874	Statutes, as created by chapter 2004-301, Laws of Florida, is
875	amended to read:
876	497.144  Licensing; examinations, general provisions.--
877	(13)  When any licensed applicant under this chapter
878	requests a hearing to challenge a decision that the applicant's
879	answer to any licensure test question was not a correct answer,
880	or to seek a determination that a challenged question should be
881	struck, unless the an applicant notifies the department at least
882	5 days prior to the an examination hearing of the applicant's
883	inability to attend or unless the an applicant can demonstrate
884	an extreme emergency for failing to attend, the department may
885	require the an applicant who fails to attend to pay reasonable
886	attorney's fees, costs, and court costs of the department for
887	the examination hearing.
888	Section 9.  Paragraph (c) of subsection (1) of section
889	497.149, Florida Statutes, as created by chapter 2004-301, Laws
890	of Florida, is amended to read:
891	497.149  Investigations, hearings, and inspections.--
892	(1)  INVESTIGATIONS.--Investigations shall be conducted by
893	the department. The following provisions shall apply concerning
894	investigations:
895	(c)  If the department finds any accounts or records of a
896	licensee required by this chapter to be created and maintained
897	by the licensee to be inadequate or inadequately kept or posted,
898	it may employ experts to reconstruct, rewrite, post, or balance
899	them at the expense of the person being investigated, provided
900	the person has failed to maintain, complete, or correct such
901	records or accounting after the department has given the
902	licensee her or him notice and a reasonable opportunity to do
903	so.
904	Section 10.  Subsection (1) of section 497.151, Florida
905	Statutes, as created by chapter 2004-301, Laws of Florida, is
906	amended, and subsection (4) is added to said section, to read:
907	497.151  Complaints; logs; procedures.--
908	(1)  This section shall be applicable to all licensed
909	entities under this chapter licensees under this chapter except
910	preneed sales agent licensees.
911	(4)  For purposes of this section, the response of a
912	customer recorded by the customer on a customer satisfaction
913	questionnaire or survey form sent to the customer by the
914	licensee, and returned by the customer to the licensee, shall
915	not be deemed to be a complaint.
916	Section 11.  Section 497.152, Florida Statutes, as created
917	by chapter 2004-301, Laws of Florida, is amended to read:
918	497.152  Disciplinary grounds.--This section sets forth
919	conduct which is prohibited and which shall constitute grounds
920	for denial of any application, imposition of discipline, or and
921	other enforcement action against the licensee or other person
922	committing such conduct. For purposes of this section, the
923	requirements of this chapter include the requirements of rules
924	adopted under authority of this chapter. No subsection heading
925	in this section shall be interpreted as limiting the
926	applicability of any paragraph within the subsection.
927	(1)  GENERAL PROVISIONS.--The generality of the provisions
928	of this subsection shall not be deemed to be limited by the
929	provisions of any other subsection.
930	(a)  Violating any provision of this chapter or any lawful
931	order of the board or department or of the statutory
932	predecessors to the board or department.
933	(b)  Committing fraud, deceit, negligence, incompetency, or
934	misconduct in the practice of any of the activities regulated
935	under this chapter.
936	(c)  Failing while holding a license under this chapter to
937	maintain one or more of the qualifications for such license.
938	(d)  Refusing to sell or issue a contract or provide
939	services to any person because of the person's race, color,
940	creed, marital status, sex, or national origin.
941	(2)  CRIMINAL ACTIVITY.--Being convicted or found guilty
942	of, or entering a plea of nolo contendere to, regardless of
943	adjudication, a crime in any jurisdiction which relates to the
944	practice of, or the ability to practice, a licensee's profession
945	or occupation under this chapter.
946	(3)  DISCIPLINARY ACTION BY OTHER AUTHORITIES.--Having a
947	license or the authority to practice a profession or occupation
948	revoked, suspended, fined, denied, or otherwise acted against or
949	disciplined by the licensing authority of another any
950	jurisdiction, including its agencies or subdivisions, for
951	conduct that would constitute a violation of this chapter if
952	committed in this state or upon grounds which directly relate to
953	the ability to practice under this chapter. The licensing
954	authority's acceptance of a relinquishment of licensure,
955	stipulation, consent order, or other settlement offered in
956	response to or in anticipation of the filing of charges against
957	the license shall be construed as action against the license.
958	(4)  OBLIGATIONS TO REGULATORS AND OTHER GOVERNMENT
959	AGENCIES.--
960	(a)  Improperly interfering with an investigation or
961	inspection authorized by statute or with any disciplinary
962	proceeding.
963	(b)  Failure to comply with a lawfully issued subpoena of
964	the department.
965	(c)  Refusal to produce records to the department or board
966	in connection with any activity regulated pursuant to this
967	chapter.
968	(d)  Failing to report to the department any person who the
969	licensee knows is in violation of this chapter.
970	(e)  Knowingly concealing information relative to
971	violations of this chapter.
972	(f)  Attempting to obtain, obtaining, or renewing a license
973	under this chapter by bribery, false or forged evidence, or
974	misrepresentation, or through an error of the department or
975	board known to the applicant.
976	(g)  Making or filing a report or statement to or with any
977	government entity which the licensee knows or has reason to know
978	to be false; or intentionally or negligently failing to file a
979	report or record required to be filed with any government
980	entity, or willfully impeding or obstructing another person to
981	do so, or inducing another person to impede or obstruct such
982	filing.
983	(h)  Failing to perform any statutory or legal obligation
984	placed upon a licensee.
985	(5)  LIMITATIONS ON SCOPE OF PRACTICE; UNLICENSED
986	PRACTICE.--
987	(a)  Practicing or offering to practice beyond the scope
988	permitted by this chapter and rules adopted under this chapter
989	for the type of licensure held or accepting and performing
990	professional responsibilities the licensee knows, or has reason
991	to know, the licensee is not competent to perform.
992	(b)  Practicing or attempting to practice with a revoked,
993	suspended, inactive, or delinquent license.
994	(c)  Representing as her or his own the license of another.
995	(d)  Aiding, assisting, procuring, employing, or advising
996	any person or entity to practice a profession or occupation
997	regulated by this chapter without required licensure under this
998	chapter.
999	(e)  Aiding, assisting, procuring, employing, or advising
1000	any person or entity to operate or in operating an establishment
1001	regulated by this chapter without the required licensure under
1002	this chapter.
1003	(f)  Delegating to any person the performance of
1004	professional activities, or contracting with any person for the
1005	performance of professional activities by such person, when the
1006	licensee knows or has reason to know the person is not qualified
1007	by training, experience, and authorization to perform such
1008	responsibilities.
1009	(g)  Using the name or title "funeral director,"
1010	"embalmer," "direct disposer," or other title suggesting
1011	licensure which the person using such name or title does not
1012	hold.
1013	(h)  Engaging by a direct disposer in the practice of
1014	direct burial or offering the at-need or preneed service of
1015	direct burial.
1016	(6)  EDUCATIONAL REQUIREMENTS.--
1017	(a)  Failing to comply with applicable educational course
1018	requirements pursuant to this chapter or rules adopted under
1019	this chapter regarding human immunodeficiency virus and acquired
1020	immune deficiency syndrome.
1021	(b)  Failing to timely comply with applicable continuing
1022	education requirements of this chapter.
1023	(7)  RELATIONS WITH OTHER LICENSEES.--
1024	(a)  Having been found liable in a civil proceeding for
1025	knowingly filing a false report or complaint against another
1026	licensee with the department or the board.
1027	(b)  Making any misleading statements or misrepresentations
1028	as to the financial condition of any person, or which are
1029	falsely and maliciously critical of any person for the purpose
1030	of damaging that person's business regulated under this chapter.
1031	(8)  TRANSPORT, CUSTODY, TREATMENT, OR DISINTERMENT OF
1032	HUMAN REMAINS.--
1033	(a)  Violation of any state law or rule or any municipal or
1034	county ordinance or regulation affecting the handling, custody,
1035	care, or transportation of dead human bodies.
1036	(b)  Refusing to surrender promptly the custody of a dead
1037	human body upon the express order of the person legally
1038	authorized to its custody; however, this provision shall be
1039	subject to any state or local laws or rules governing custody or
1040	transportation of dead human bodies.
1041	(c)  Taking possession of a dead human body without first
1042	having obtained written or oral permission from a legally
1043	authorized person. If oral permission is granted, the licensee
1044	must obtain written permission within a reasonable time as
1045	established by rule.
1046	(d)  Embalming human remains without first having obtained
1047	written or oral permission from a legally authorized person;
1048	however, washing and other public health procedures, such as
1049	closing of the orifices by placing cotton soaked in a
1050	disinfectant in such orifices until authorization to embalm is
1051	received, shall not be precluded. If oral permission is granted,
1052	the licensee must obtain written permission within a reasonable
1053	time as established by board rule.
1054	(e)  Failing to obtain written authorization from the
1055	family or next of kin of the deceased prior to entombment,
1056	interment, disinterment, disentombment, or disinurnment of the
1057	remains of any human being.
1058	(9)  SALES PRACTICES IN GENERAL.--
1059	(a)  Soliciting by the licensee, or by her or his agent,
1060	assistant, or employee, through the use of fraud, undue
1061	influence, intimidation, overreaching, or other means which
1062	takes advantage of a customer's ignorance or emotional
1063	vulnerability.
1064	(b)  Exercising undue influence on a client for the purpose
1065	of financial gain of the licensee or a third party in connection
1066	with any transaction regulated by this chapter.
1067	(c)  Discouraging a customer's purchase of any funeral
1068	merchandise or service which is advertised or offered for sale,
1069	with the purpose of encouraging the purchase of additional or
1070	more expensive merchandise or service, by disparaging its
1071	quality or appearance, except that true factual statements
1072	concerning features, design, or construction do not constitute
1073	disparagement; by misrepresenting its availability or any delay
1074	involved in obtaining it; or by suggesting directly or by
1075	implication that a customer's concern for price or expressed
1076	interest in inexpensive funeral merchandise or services is
1077	improper, inappropriate, or indicative of diminished respect or
1078	affection for the deceased.
1079	(d)  Misrepresenting the benefits, advantages, conditions,
1080	or terms of any contract to provide any services or merchandise
1081	regulated under this chapter.
1082	(e)  Advertising goods and services in a manner that is
1083	fraudulent, deceptive, or misleading in form or content.
1084	(f)  Directly or indirectly making any deceptive,
1085	misleading, or untrue representations, whether oral or written,
1086	or employing any trick, scheme, or artifice, in or related to
1087	the practice of a profession or occupation regulated under this
1088	chapter, including in the advertising or sale of any merchandise
1089	or services related to the practice of the profession or
1090	occupation.
1091	(10)  SPECIFIC MISREPRESENTATIONS.--
1092	(a)  Making any false or misleading statement of the legal
1093	requirement as to the necessity of any particular burial or
1094	funeral merchandise or services.
1095	(b)  Making any oral, written, or visual representations,
1096	directly or indirectly, that any funeral merchandise or service
1097	is offered for sale when such is not a bona fide offer to sell
1098	such merchandise or service.
1099	(c)  Making any misrepresentation for the purpose of
1100	inducing, or tending to induce, the lapse, forfeiture, exchange,
1101	conversion, or surrender of any preneed contract or any life
1102	insurance policy pledged or assigned to secure payment for
1103	funeral or burial goods or services.
1104	(d)  Misrepresenting pertinent facts or prepaid contract
1105	provisions relating to funeral or burial merchandise or
1106	services.
1107	(e)  Misrepresenting the amount advanced on behalf of a
1108	customer for any item of service or merchandise, including, but
1109	not limited to, cemetery or crematory services, pallbearers,
1110	public transportation, clergy honoraria, flowers, musicians or
1111	singers, nurses, obituary notices, gratuities, and death
1112	certificates, described as cash advances, accommodations, or
1113	words of similar import on the contract, final bill, or other
1114	written evidence of agreement or obligation furnished to
1115	customers; however, nothing in this paragraph shall require
1116	disclosure of a discount or rebate which may accrue to a
1117	licensee subsequent to making a cash advance.
1118	(f)  Making any false or misleading statement or claim that
1119	natural decomposition or decay of human remains can be prevented
1120	or substantially delayed by embalming, use of a gasketed or
1121	ungasketed casket, or use of an adhesive or nonadhesive closure
1122	on an outer burial container.
1123	(g)  Making any false or misleading statement, oral or
1124	written, directly or indirectly, regarding any law or rule
1125	pertaining to the preparation for disposition, transportation
1126	for disposition, or disposition of dead human bodies.
1127	(h)  Making any false or misleading statements of the legal
1128	requirement as to the conditions under which preservation of a
1129	dead human body is required or as to the necessity of a casket
1130	or outer burial container.
1131	(11)  SPECIFIC SALES PRACTICES.--
1132	(a)  Failing to furnish, for retention, to each purchaser
1133	of burial rights, burial or funeral merchandise, or burial or
1134	funeral services a written agreement, the form of which has been
1135	previously approved if and as required by this chapter, which
1136	lists in detail the items and services purchased together with
1137	the prices for the items and services purchased; the name,
1138	address, and telephone number of the licensee; the signatures of
1139	the customer and the licensee or her or his representative; and
1140	the date signed.
1141	(b)  Filling in any contract form for use with a particular
1142	customer, using language Using any name or title in any contract
1143	regulated under this chapter which misrepresents the true nature
1144	of the contract.
1145	(c)  Selling an irrevocable preneed contract to a person
1146	who is not an applicant for or recipient of Supplemental
1147	Security Income or Aid to Families with Dependent Children or
1148	pursuant to s. 497.459(6)(a).
1149	(d)  Except as authorized in part IV of this chapter,
1150	guaranteeing the price of goods and services at a future date.
1151	(e)  Requiring that a casket be purchased for cremation or
1152	claiming directly or by implication that a casket is required
1153	for cremation.
1154	(f)  When displaying any caskets for sale, failing to
1155	display the least expensive casket offered for sale or use in
1156	adult funerals in the same general manner as the funeral service
1157	industry member's other caskets are displayed.
1158	(g)  Assessing fees and costs that have not been disclosed
1159	to the customer in connection with any transaction regulated by
1160	this chapter.
1161	(h)  Failure by a cemetery licensed under this chapter to
1162	provide to any person, upon request, a copy of the cemetery
1163	bylaws.
1164	(i)  Requirements by a cemetery licensee that lot owners or
1165	current customers make unnecessary visits to the cemetery
1166	company office for the purpose of solicitation.
1167	(12)  DISCLOSURE REQUIREMENTS.--
1168	(a)  Failure to disclose, when such disclosure is desired,
1169	the components of the prices for alternatives offered by the
1170	licensee from whom disclosure is requested, such as graveside
1171	service, direct disposition, and body donation without any rites
1172	or ceremonies prior to the delivery of the body and prices of
1173	service if there are to be such after the residue has been
1174	removed following the use thereof.
1175	(b)  Failing to furnish, for retention, to anyone who
1176	inquires in person about burial rights, burial or funeral
1177	merchandise, or burial or funeral services, before any
1178	discussion of selection, a printed or typewritten list
1179	specifying the range of retail prices for such rights,
1180	merchandise, or services. At a minimum, the list shall itemize
1181	the highest and lowest priced product and service regularly
1182	offered and shall include the name, address, and telephone
1183	number of the licensee and statements that the customer may
1184	choose only the items the customer desires, that the customer
1185	will be charged for only those items selected, and that there
1186	may be other charges for other items or other services.
1187	(c)  Failing to reasonably provide by telephone, upon
1188	request, accurate information regarding the retail prices of
1189	funeral merchandise and services offered for sale by that
1190	licensee.
1191	(d)  Failure by a funeral director to make full disclosure
1192	in the case of a funeral or direct disposition with regard to
1193	the use of funeral merchandise which is not to be disposed of
1194	with the body or failure to obtain written permission from the
1195	purchaser regarding disposition of such merchandise.
1196	(e)  Failure by any funeral director to fully disclose all
1197	of her or his available services and merchandise prior to the
1198	selection of a casket offered by a licensee. The full disclosure
1199	required shall identify what is included in the funeral or
1200	direct disposition and the prices of all services and
1201	merchandise provided by the licensee or registrant.
1202	(f)  Failing to have the price of any casket offered for
1203	sale clearly marked on or in the casket, whether the casket is
1204	displayed at a funeral establishment or at any other location,
1205	regardless of whether the licensee is in control of such
1206	location. If a licensee uses books, catalogs, brochures, or
1207	other printed display aids, the price of each casket shall be
1208	clearly marked.
1209	(g)  Failing to disclose all fees and costs the customer
1210	may incur to use the burial rights or merchandise purchased.
1211	(13)  CONTRACT OBLIGATIONS.--
1212	(a)  Failing without reasonable justification to timely
1213	honor contracts entered into by the licensee or under the
1214	licensee's license for funeral or burial merchandise or
1215	services.
1216	(b)  Failure to honor preneed contract cancellation
1217	requests and make refunds as required by the chapter.
1218	(14)  OBLIGATIONS REGARDING COMPLAINTS AND CLAIMS BY
1219	CUSTOMERS.--
1220	(a)  Failing to adopt and implement standards for the
1221	proper investigation and resolution of claims and complaints
1222	received by a licensee relating to the licensee's activities
1223	regulated by this chapter.
1224	(b)  Committing or performing with such frequency as to
1225	indicate a general business practice any of the following:
1226	1.  Failing to acknowledge and act promptly upon
1227	communications from a licensee's customers and their
1228	representatives with respect to claims or complaints relating to
1229	the licensee's activities regulated by this chapter.
1230	2.  Denying claims or rejecting complaints received by a
1231	licensee from a customer or customer's representative, relating
1232	to the licensee's activities regulated by this chapter, without
1233	first conducting reasonable investigation based upon available
1234	information.
1235	3.  Attempting to settle a claim or complaint on the basis
1236	of a material document which was altered without notice to, or
1237	without the knowledge or consent of, the contract purchaser or
1238	her or his representative or legal guardian.
1239	4.  Failing within a reasonable time to affirm or deny
1240	coverage of specified services or merchandise under a contract
1241	entered into by a licensee upon written request of the contract
1242	purchaser or her or his representative or legal guardian.
1243	5.  Failing to promptly provide, in relation to a contract
1244	for funeral or burial merchandise or services entered into by
1245	the licensee or under the licensee's license, a reasonable
1246	explanation to the contract purchaser or her or his
1247	representative or legal guardian of the licensee's basis for
1248	denying or rejecting all or any part of a claim or complaint
1249	submitted.
1250	(c)  Making a material misrepresentation to a contract
1251	purchaser or her or his representative or legal guardian for the
1252	purpose and with the intent of effecting settlement of a claim
1253	or complaint or loss under a prepaid contract on less favorable
1254	terms than those provided in, and contemplated by, the prepaid
1255	contract.
1256	(d)  Failing to maintain a complete copy of every complaint
1257	received by the licensee since the date of the last examination
1258	of the licensee by the department. For purposes of this
1259	subsection, the term "complaint" means any written communication
1260	primarily expressing a grievance and which communication is
1261	from:
1262	1.  A representative or family member of a deceased person
1263	interred at the licensee's facilities or using the licensee's
1264	services, or which deceased's remains were the subject of any
1265	service provided by the licensee or licensee's business; or
1266	2.  A person, or such person's family member or
1267	representative, who inquired of the licensee or licensee's
1268	business concerning the purchase of, or who purchased or
1269	contracted to purchase, any funeral or burial merchandise or
1270	services from the licensee or licensee's business.
1271
1272	For purposes of this subsection, the response of a customer
1273	recorded by the customer on a customer satisfaction
1274	questionnaire or survey form sent to the customer by the
1275	licensee, and returned by the customer to the licensee, shall
1276	not be deemed to be a complaint.
1277	(15)  MISCELLANEOUS FINANCIAL MATTERS.--
1278	(a)  Failing to timely pay any fee required by this
1279	chapter.
1280	(b)  Failing to timely remit as required by this chapter
1281	the required amounts to any trust fund required by this chapter,
1282	provided a remittance deficiency shall not be a disciplinary
1283	infraction if:
1284	1.  The remittance deficiency, neither by itself nor in the
1285	aggregate with any prior remittance deficiencies, results in or
1286	increases a trust fund deficit by 1 percent or more.
1287	2.  The failure to remit was not willful.
1288	3.  Any related trust fund deficit is corrected within 30
1289	days of notice thereof to the licensee by the licensing
1290	authority.
1291	(c)  Paying to or receiving from any organization, agency,
1292	or person, either directly or indirectly, any commission, bonus,
1293	kickback, or rebate in any form whatsoever for any business
1294	regulated under this chapter, whether such payments are made or
1295	received by the licensee, or her or his agent, assistant, or
1296	employee; however, this provision shall not prohibit the payment
1297	of commissions by a funeral director, funeral establishment,
1298	cemetery, or monument establishment to its preneed agents
1299	licensed pursuant to this chapter or to licensees under this
1300	chapter.
1301	Section 12.  Subsection (1), paragraph (b) of subsection
1302	(2), and paragraph (c) of subsection (4) of section 497.153,
1303	Florida Statutes, as created by chapter 2004-301, Laws of
1304	Florida, are amended to read:
1305	497.153  Disciplinary procedures and penalties.--
1306	(1)  JURISDICTION OF LICENSING AUTHORITY TO INVESTIGATE AND
1307	PROSECUTE.--The expiration, nonrenewal, or surrender of
1308	licensure under this chapter shall not eliminate jurisdiction in
1309	the licensing authority to investigate and prosecute for
1310	violations committed by a licensee while licensed under this
1311	chapter. The prosecution of any matter may be initiated or
1312	continued notwithstanding the withdrawal of any complaint.
1313	(2)  DETERMINATION OF PROBABLE CAUSE.--
1314	(b)  Prior to submitting a matter to the probable cause
1315	panel, the licensee who is the subject of the matter shall be
1316	provided by the department with a copy of any written complaint
1317	received by the department in the matter and shall be advised
1318	that the licensee she or he may, within 20 days after receipt of
1319	a copy of such complaint from the department, submit to the
1320	department a written response. Any response timely received by
1321	the department shall be provided by the department to the
1322	probable cause panel. Licensees may not appear in person or
1323	through a representative at any probable cause panel proceeding.
1324	This paragraph shall not apply to emergency action.
1325	(4)  ACTION AFTER PROBABLE CAUSE FOUND.--
1326	(c)  The department may at any time present to the board a
1327	proposed settlement by consent order or otherwise of any matter
1328	as to which probable cause has been found. If the board accepts
1329	the proposed settlement, it may execute and file the consent
1330	order as its final order in the matter or may otherwise issue
1331	its final order in the matter shall issue its final order
1332	adopting the settlement. If the board does not accept such
1333	settlement, the prosecution of the matter shall be resumed. No
1334	settlement of any disciplinary matter as to which probable cause
1335	has been found may be entered into by the board prior to receipt
1336	of a recommended order of an administrative law judge without
1337	the department's concurrence.
1338	Section 13.  Subsection (1) of section 497.158, Florida
1339	Statutes, as renumbered and amended by section 28 of chapter
1340	2004-301, Laws of Florida, is amended to read:
1341	497.158  Court enforcement actions; powers; abatement of
1342	nuisances.--
1343	(1)  In addition to or in lieu of other actions authorized
1344	by this chapter, the department may petition the courts of this
1345	state for injunctive or other relief against any licensed or
1346	unlicensed person for the enforcement of this chapter and orders
1347	issued under this chapter. The court shall be authorized to
1348	impose a fine of up to $5,000 per violation on any licensee
1349	under this chapter and up to $10,000 on any person not licensed
1350	under this chapter, payable to the department, upon any person
1351	determined by the court to have violated this chapter, and may
1352	order payment to the department of the department's attorney's
1353	fees and litigation costs, by any person found to have violated
1354	this chapter.
1355	Section 14.  Subsections (1), (3), and (4) and paragraph
1356	(a) of subsection (5) of section 497.159, Florida Statutes, as
1357	created by chapter 2004-301, Laws of Florida, are amended to
1358	read:
1359	497.159  Crimes.--
1360	(1)  The theft of an examination in whole or in part or the
1361	act of unauthorized reproducing, circulating, or copying of any
1362	questions or answers on, from, or for any prelicensure
1363	examination administered by the department or the board, whether
1364	such examination is reproduced or copied in part or in whole and
1365	by any means, constitutes a felony of the third degree,
1366	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1367	(3)  Any individual who willfully obstructs the department
1368	or its examiner in any examination or investigation authorized
1369	by this chapter is guilty of a misdemeanor of the second degree
1370	and is, in addition to any disciplinary action under this
1371	chapter, punishable as provided in s. 775.082 or s. 775.083. The
1372	initiation of action in any court by or on behalf of any licensee
1373	to terminate or limit any examination or investigation under this
1374	chapter shall not constitute a violation under this subsection.
1375	(4)  Any officer or director, or person occupying similar
1376	status or performing similar functions, of a preneed licensee
1377	who fails licensee under this chapter who knowingly directs or
1378	causes the failure to make required deposits to any trust fund
1379	required by this chapter; any director, officer, agent, or
1380	employee of a preneed licensee who makes any unlawful withdrawal
1381	of funds from any such account or who knowingly discloses to the
1382	department or an employee thereof any false report made pursuant
1383	to this chapter; or any person who willfully violates any of the
1384	provisions of parts II, IV or V, or with knowledge that such
1385	required deposits are not being made as required by law fails to
1386	report such failure to the department, or who knowingly directs
1387	or causes the unlawful withdrawal of funds from any trust fund
1388	required by this chapter, commits a felony of the third degree,
1389	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1390	(5)(a)  No cemetery company or other legal entity
1391	conducting or maintaining any public or private cemetery may
1392	deny burial space to any person because of race, creed, marital
1393	status, sex, national origin, or color. A cemetery company or
1394	other entity operating any cemetery may designate parts of
1395	cemeteries or burial grounds for the specific use of persons
1396	whose religious code requires isolation. Religious institution
1397	cemeteries may limit burials to members of the religious
1398	institution and their families.
1399	Section 15.  Paragraphs (g) and (h) of subsection (1) and
1400	subsection (3) of section 497.161, Florida Statutes, as created
1401	by chapter 2004-301, Laws of Florida, are amended to read:
1402	497.161  Other rulemaking provisions.--
1403	(1)  In addition to such other rules as are authorized or
1404	required under this chapter, the following additional rules, not
1405	inconsistent with this chapter, shall be authorized by the
1406	licensing authority.
1407	(g)  Rules establishing procedures by which the department
1408	may use the expert or technical advice of the board or members
1409	of the board for the purposes of any investigation, inspection,
1410	or financial examination, without thereby disqualifying the
1411	board member from voting on final action in the matter.
1412	(g)(h)  In connection with the statutory revisions by the
1413	2004 2005 Regular Session of the Legislature merging chapters
1414	470 and 497 as those chapters appeared in the 2003 2004 edition
1415	of the Florida Statutes and the elimination of the former boards
1416	under those chapters and the movement of regulation out of the
1417	Department of Business and Professional Regulation, the
1418	licensing authority shall through July 1, 2006, be deemed to
1419	have extraordinary rulemaking authority to adopt any and all
1420	rules jointly agreed by the board and the department to be
1421	necessary for the protection of the public concerning the
1422	regulation of the professions and occupations regulated under
1423	this chapter, or for the relief of licensees regulated under
1424	this chapter concerning any impacts which the department and the
1425	board jointly agree were unintended or not contemplated in the
1426	enactment of the 2004 2005 legislative changes. The authority
1427	under this paragraph and any rules adopted under authority of
1428	this paragraph shall expire July 1, 2006.
1429	(3)  The department and the board shall each have standing
1430	under chapter 120 for the purposes of challenging rules or
1431	proposed rules under this chapter. This subsection shall not be
1432	interpreted to deny standing to a licensee to challenge any rule
1433	under this chapter if the licensee would otherwise have
1434	standing.
1435	Section 16.  Subsections (1) and (3) of section 497.166,
1436	Florida Statutes, as created by chapter 2004-301, Laws of
1437	Florida, are amended to read:
1438	497.166  Preneed sales.--
1439	(1)  Regulation of preneed sales shall be as set forth in
1440	part IV of this chapter. No person may act as an agent for a
1441	preneed licensee funeral establishment or direct disposal
1442	establishment with respect to preneed contracts unless such
1443	person is licensed as a preneed sales agent pursuant to part IV
1444	of this chapter or is a licensed funeral director acting as a
1445	preneed sales agent.
1446	(3)(a)  The funeral director in charge of a funeral
1447	establishment shall be responsible for the control and
1448	activities of the establishment's preneed sales agents.
1449	(b)  The direct disposer in charge or a funeral director
1450	acting as a direct disposer in charge of a direct disposal
1451	establishment shall be responsible for the control and
1452	activities of the establishment's preneed sales agents.
1453	(c)  The responsibility imposed by this subsection on the
1454	funeral director and direct disposer in charge is a duty of
1455	reasonable supervision and not absolute liability. The
1456	responsibility of the funeral director or direct disposer in
1457	charge shall be in addition to the responsibility of the preneed
1458	licensee for the conduct of the preneed sales agents it employs.
1459	Section 17.  Subsection (2) of section 497.169, Florida
1460	Statutes, as renumbered and amended by section 39 of chapter
1461	2004-301, Laws of Florida, is amended to read:
1462	497.169  Private actions; actions on behalf of consumers;
1463	attorney's fee.--
1464	(2)  In any civil litigation resulting from a transaction
1465	involving a violation of this chapter by a cemetery company or
1466	burial rights broker licensed under part II, a monument
1467	establishment licensed under part V, or a preneed entity or
1468	preneed sales agent licensed under part IV, the court may award
1469	to the prevailing party and against such cemetery company,
1470	burial rights broker, monument establishment, or preneed entity
1471	or sales agent, after judgment in the trial court and exhaustion
1472	of any appeal, reasonable attorney's fees and costs from the
1473	nonprevailing party in an amount to be determined by the trial
1474	court. Any award of attorney's fees or costs shall become a part
1475	of the judgment and shall be subject to execution as the law
1476	allows. This subsection shall not be applicable as against
1477	licenses licensed under part III or part VI.
1478	Section 18.  Section 497.171, Florida Statutes, is created
1479	to read:
1480	497.171  Identification of human remains.--
1481	(1)  PRIOR TO FINAL DISPOSITION.--
1482	(a)  This subsection shall apply to licensees under parts
1483	III and VI.
1484	(b)  The licensee in charge of the final disposition of
1485	dead human remains shall, prior to final disposition of such
1486	dead human remains, affix on the ankle or wrist of the deceased,
1487	and on the casket or alternative container or cremation
1488	container, proper identification of the dead human remains. The
1489	identification or tag shall be encased in or consist of durable
1490	and long-lasting material containing the name, date of birth,
1491	and date of death of the deceased, if available. The board may
1492	adopt rules specifying acceptable materials for such
1493	identification tags, and acceptable locations for the tags on
1494	the casket or alternative container or cremation container, and
1495	acceptable methods of affixing the tags.
1496	(c)  If the dead human remains are cremated, proper
1497	identification shall be placed in the container or urn
1498	containing the remains.
1499	(d)  Any licensee responsible for removal of dead human
1500	remains to any establishment, facility, or location shall ensure
1501	that the remains are identified by a tag or other means of
1502	identification that is affixed to the ankle or wrist of the
1503	deceased at the time the remains are removed from the place of
1504	death or other location.
1505	(2)  INTERMENT IN UNLICENSED CEMETERIES.--The
1506	identification of human remains interred in an unlicensed
1507	cemetery shall be the responsibility of the licensed funeral
1508	establishment in charge of the funeral arrangements for the
1509	deceased person. The licensed funeral establishment in charge of
1510	the funeral arrangements for the interment in an unlicensed
1511	cemetery of human remains shall place on the outer burial
1512	container, cremation interment container, or other container or
1513	on the inside of a crypt or niche a tag or permanent identifying
1514	mark containing the name of the decedent and the date of death,
1515	if available. The materials and locations of the tag or mark
1516	shall be more specifically described by rule of the licensing
1517	authority.
1518	(3)  INTERMENT IN LICENSED CEMETERIES.--
1519	(a)  This subsection shall apply to cemetery licensees
1520	under part II.
1521	(b)  As to interments in a licensed cemetery, each licensed
1522	cemetery shall place on the outer burial container, cremation
1523	interment container, or other container or on the inside of a
1524	crypt or niche a tag or permanent identifying marker containing
1525	the name of the decedent and the date of death, if available.
1526	The materials and the location of the tag or marker shall be
1527	more specifically described by rule of the licensing authority.
1528	(c)  Each licensed cemetery may rely entirely on the
1529	identity stated on the burial transit permit or on the
1530	identification supplied by a person licensed under this chapter
1531	to establish the identity of the dead human remains delivered by
1532	such person for burial and shall not be liable for any
1533	differences between the identity shown on the burial transit
1534	permit or identification and the actual identity of the dead
1535	human remains delivered by such person and buried in the
1536	cemetery.
1537	(4)  DIRECT DISPOSAL ESTABLISHMENTS.--Direct disposal
1538	establishments shall establish a system of identification of
1539	human remains received which shall be designed to track the
1540	identity of the remains from the time of receipt until delivery
1541	of the remains to the authorized persons. This is in addition to
1542	the requirements for identification of human remains set forth
1543	in subsection (1). A copy of the identification procedures shall
1544	be available, upon request, to the department and legally
1545	authorized persons.
1546	(5)  RELIANCE ON LEGALLY AUTHORIZED PERSON.--Any licensee
1547	charged with responsibility under this section may rely on the
1548	representation of a legally authorized person to establish the
1549	identity of dead human remains.
1550	Section 19.  Paragraph (b) of subsection (6) of section
1551	497.260, Florida Statutes, as renumbered and amended by section
1552	42 of chapter 2004-301, Laws of Florida, is amended to read:
1553	497.260  Cemeteries; exemption; investigation and
1554	mediation.--
1555	(6)(b)  No cemetery company or other legal entity
1556	conducting or maintaining any public or private cemetery may
1557	deny burial space to any person because of race, creed, marital
1558	status, sex, national origin, or color. A cemetery company or
1559	other entity operating any cemetery may designate parts of
1560	cemeteries or burial grounds for the specific use of persons
1561	whose religious code requires isolation. Religious institution
1562	cemeteries may limit burials to members of the religious
1563	institution and their families.
1564	Section 20.  Paragraphs (b), (m), (o), and (q) of
1565	subsection (2) of section 497.263, Florida Statutes, as
1566	renumbered and amended by section 45 of chapter 2004-301, Laws
1567	of Florida, are amended to read:
1568	497.263  Cemetery companies; license required; licensure
1569	requirements and procedures.--
1570	(2)  APPLICATION PROCEDURES.--
1571	(b)  The applicant shall be a corporation, or a
1572	partnership, or a limited liability company formed prior to
1573	January 1, 2005, which limited liability company already holds a
1574	license under this chapter.
1575	(m)  The applicant shall be required to make disclosure of
1576	the applicant's criminal records, if any, as required by s.
1577	497.142. The application shall require the applicant to disclose
1578	whether the applicant or any principal of the applicant has ever
1579	been convicted or found guilty of, or entered a plea of no
1580	contest to, regardless of adjudication, any crime in any
1581	jurisdiction. The licensing authority may require by rule
1582	additional information to be provided concerning any affirmative
1583	answers.
1584	(o)  The applicant shall submit fingerprints in accordance
1585	with s. 497.142. The application shall require the applicant and
1586	applicant's principals to provide fingerprints in accordance
1587	with part I of this chapter.
1588	(q)  The application shall be signed in accordance with s.
1589	497.141(12) by the president of the applicant.
1590	Section 21.  Paragraphs (h), (j), and (l) of subsection (2)
1591	of section 497.264, Florida Statutes, as renumbered and amended
1592	by chapter 2004-301, Laws of Florida, are amended to read:
1593	497.264  License not assignable or transferable.--
1594	(2)  Any person or entity that seeks to purchase or
1595	otherwise acquire control of any cemetery licensed under this
1596	chapter shall first apply to the licensing authority and obtain
1597	approval of such purchase or change in control.
1598	(h)  The applicant shall be required to make disclosure of
1599	applicant's criminal records, if any, as required by s. 497.142.
1600	The application shall require the applicant to disclose whether
1601	the applicant or any principal of the applicant has ever been
1602	convicted or found guilty of, or entered a plea of no contest
1603	to, regardless of adjudication, any crime in any jurisdiction.
1604	The licensing authority may require by rule additional
1605	information to be provided concerning any affirmative answers.
1606	(j)  The applicant shall submit fingerprints in accordance
1607	with s. 497.142. The application shall require the applicant and
1608	the applicant's principals to provide fingerprints in accordance
1609	with part I of this chapter.
1610	(l)  The application shall be signed in accordance with s.
1611	497.141(12) by the applicant if a natural person, otherwise by
1612	the president of the applicant.
1613	Section 22.  Section 497.281, Florida Statutes, as
1614	renumbered and amended by section 62 of chapter 2004-301, Laws
1615	of Florida, is amended to read:
1616	497.281  Licensure of brokers of burial rights.--
1617	(1)  No person shall receive compensation to act as a third
1618	party to the sale or transfer of three or more burial rights in
1619	a 12-month period unless the person pays a license fee as
1620	determined by licensing authority rule but not to exceed $250
1621	and is licensed with the department as a burial rights broker in
1622	accordance with this section.
1623	(2)(a)  The applicant shall be required to make disclosure
1624	of the applicant's criminal records, if any, as required by s.
1625	497.142.
1626	(b)  The application shall require the applicant to
1627	disclose whether the applicant or any principal of the applicant
1628	has ever had a license or the authority to practice a profession
1629	or occupation refused, suspended, fined, denied, or otherwise
1630	acted against or disciplined by the licensing authority of any
1631	jurisdiction. The licensing authority may require by rule
1632	additional information to be provided concerning any affirmative
1633	answers. A licensing authority's acceptance of a relinquishment
1634	of licensure, stipulation, consent order, or other settlement,
1635	offered in response to or in anticipation of the filing of
1636	charges against the license, shall be construed as action
1637	against the license. The licensing authority may require by rule
1638	additional information to be provided concerning any affirmative
1639	answers.
1640	(c)  The applicant shall submit fingerprints in accordance
1641	with s. 497.142. The application shall be signed in accordance
1642	with s. 497.141(12).
1643	(d)  The applicant shall demonstrate by clear and
1644	convincing evidence that the applicant has the ability,
1645	experience, and integrity to act as a burial broker and, if the
1646	applicant is an entity, that the applicant's principals are of
1647	good character.
1648	(3)  The licensing authority shall by rule establish
1649	requirements for minimum records to be maintained by licensees
1650	under this section, for the purpose of preventing confusion and
1651	error by the licensee or by the cemeteries in which the burial
1652	rights are located as to the status as sold or unsold, and the
1653	identity of the owner, of the burial rights and related
1654	interment spaces in the cemetery.
1655	(4)  The licensing authority may by rule require
1656	inspections of the records of licensees under this section.
1657	(5)(2)  The department, by rule, shall provide for the
1658	biennial renewal of licenses under this section and a renewal
1659	fee as determined by licensing authority rule but not to exceed
1660	$250.
1661	(6)(3)  The licensure requirements of this section shall
1662	not apply to persons otherwise licensed pursuant to this
1663	chapter, but such persons, if they engage in activity as a
1664	burial rights broker, shall be subject to rules relating to
1665	required records and inspections.
1666	(4)  The licensing authority may by rule specify records of
1667	brokerage transactions which shall be required to be maintained
1668	by burial rights brokers licensed under this subsection, and
1669	which shall be subject to inspection by the department.
1670	Section 23.  Paragraph (c) of subsection (1) of section
1671	497.368, Florida Statutes, as renumbered and amended by section
1672	73 of chapter 2004-301, Laws of Florida, is amended to read:
1673	497.368  Embalmers; licensure as an embalmer by
1674	examination; provisional license.--
1675	(1)  Any person desiring to be licensed as an embalmer
1676	shall apply to the licensing authority to take the licensure
1677	examination. The licensing authority shall examine each
1678	applicant who has remitted an examination fee set by rule of the
1679	licensing authority not to exceed $200 plus the actual per
1680	applicant cost to the licensing authority for portions of the
1681	examination and who has:
1682	(c)  Has made disclosure of applicant's criminal records,
1683	if any, as required by s. 497.142. The applicant shall submit
1684	fingerprints in accordance with s. 497.142. The applicant may
1685	not be licensed under this section unless the licensing
1686	authority determines the applicant is of good character and has
1687	no demonstrated history of lack of trustworthiness or integrity
1688	in business or professional matters. Had no conviction or
1689	finding of guilt, regardless of adjudication, for a crime which
1690	directly relates to the ability to practice embalming or the
1691	practice of embalming.
1692	Section 24.  Paragraph (d) is added to subsection (1) of
1693	section 497.369, Florida Statutes, as renumbered and amended by
1694	section 74 of chapter 2004-301, Laws of Florida, to read:
1695	497.369  Embalmers; licensure as an embalmer by
1696	endorsement; licensure of a temporary embalmer.--
1697	(1)  The licensing authority shall issue a license by
1698	endorsement to practice embalming to an applicant who has
1699	remitted an examination fee set by rule of the licensing
1700	authority not to exceed $200 and who the licensing authority
1701	certifies:
1702	(d)  Has made disclosure of the applicant's criminal
1703	records, if any, as required by s. 497.142. The applicant shall
1704	submit fingerprints in accordance with s. 497.142. The applicant
1705	may not be licensed under this section unless the licensing
1706	authority determines the applicant is of good character and has
1707	no demonstrated history of lack of trustworthiness or integrity
1708	in business or professional matters.
1709	Section 25.  Paragraph (c) of subsection (1) of section
1710	497.373, Florida Statutes, as renumbered and amended by section
1711	78 of chapter 2004-301, Laws of Florida, is amended to read:
1712	497.373  Funeral directing; licensure as a funeral director
1713	by examination; provisional license.--
1714	(1)  Any person desiring to be licensed as a funeral
1715	director shall apply to the licensing authority to take the
1716	licensure examination. The licensing authority shall examine
1717	each applicant who has remitted an examination fee set by rule
1718	of the licensing authority not to exceed $200 plus the actual
1719	per applicant cost to the licensing authority for portions of
1720	the examination and who the licensing authority certifies has:
1721	(c)  Has made disclosure of the applicant's criminal
1722	records, if any, as required by s. 497.142. The applicant shall
1723	submit fingerprints in accordance with s. 497.142. The applicant
1724	may not be licensed under this section unless the licensing
1725	authority determines the applicant is of good character and has
1726	no demonstrated history of lack of trustworthiness or integrity
1727	in business or professional matters. Had no conviction or
1728	finding of guilt, regardless of adjudication, for a crime which
1729	directly relates to the ability to practice funeral directing or
1730	the practice of funeral directing.
1731	Section 26.  Paragraph (d) is added to subsection (1) of
1732	section 497.374, Florida Statutes, as renumbered and amended by
1733	section 79 of chapter 2004-301, Laws of Florida, to read:
1734	497.374  Funeral directing; licensure as a funeral director
1735	by endorsement; licensure of a temporary funeral director.--
1736	(1)  The licensing authority shall issue a license by
1737	endorsement to practice funeral directing to an applicant who
1738	has remitted a fee set by rule of the licensing authority not to
1739	exceed $200 and who:
1740	(d)  Has made disclosure of the applicant's criminal
1741	records, if any, as required by s. 497.142. The applicant shall
1742	submit fingerprints in accordance with s. 497.142. The applicant
1743	may not be licensed under this section unless the licensing
1744	authority determines the applicant is of good character and has
1745	no demonstrated history of lack of trustworthiness or integrity
1746	in business or professional matters.
1747	Section 27.  Subsection (1) of section 497.376, Florida
1748	Statutes, as renumbered and amended by section 81 of chapter
1749	2004-301, Laws of Florida, is amended to read:
1750	497.376  License as funeral director and embalmer
1751	permitted; display of license.--
1752	(1)  Nothing in this chapter may be construed to prohibit a
1753	person from holding a license as an embalmer and a license as a
1754	funeral director at the same time. There may be issued and
1755	renewed by the licensing authority a combination license as both
1756	funeral director and embalmer to persons meeting the separate
1757	requirements for both licenses as set forth in this chapter. The
1758	licensing authority may adopt rules providing procedures for
1759	applying for and renewing such combination license. The
1760	licensing authority may by rule establish application, renewal,
1761	and other fees for such combination license, which fees shall
1762	not exceed the sum of the maximum fees for the separate funeral
1763	director and embalmer license categories as provided in this
1764	chapter. Persons holding a combination license as a funeral
1765	director and embalmer shall be subject to regulation under this
1766	chapter both as a funeral director and an embalmer.
1767	Section 28.  Subsections (1), (4), and (12) of section
1768	497.380, Florida Statutes, as renumbered and amended by section
1769	85 of chapter 2004-301, Laws of Florida, is amended to read:
1770	497.380  Funeral establishment; licensure.--
1771	(1)  A funeral establishment shall be a place at a specific
1772	street address or location consisting of at least 1,250
1773	contiguous interior square feet and must maintain or make
1774	arrangements for either capacity for the refrigeration and
1775	storage of dead human bodies handled and stored by the
1776	establishment and a preparation room equipped with necessary
1777	ventilation and drainage and containing necessary instruments
1778	for embalming dead human bodies or must make arrangements for a
1779	preparation room as established by rule.
1780	(4)  Application for a funeral establishment license shall
1781	be made on forms and pursuant to procedures specified by rule,
1782	shall be accompanied by a nonrefundable fee not to exceed $300
1783	as set by licensing authority rule, and shall include the name
1784	of the licensed funeral director who is in charge of that
1785	establishment. The applicant shall be required to make
1786	disclosure of the applicant's criminal records, if any, as
1787	required by s. 497.142. The applicant shall submit fingerprints
1788	in accordance with s. 497.142. A duly completed application
1789	accompanied by the required fees shall be approved and the
1790	license issued if the proposed funeral establishment has passed
1791	an inspection pursuant to rule of the licensing authority, the
1792	licensing authority determines the applicant is of good
1793	character and has no demonstrated history of lack of
1794	trustworthiness or integrity in business or professional
1795	matters, and the applicant otherwise is in compliance with all
1796	applicable requirements of this chapter.
1797	(12)(a)  A change in ownership of a funeral establishment
1798	shall be promptly reported pursuant to procedures established by
1799	rule and shall require the relicensure of the funeral
1800	establishment, including reinspection and payment of applicable
1801	fees.
1802	(b)  A change in location of a funeral establishment shall
1803	be promptly reported to the licensing authority pursuant to
1804	procedures established by rule. Operations by the licensee at a
1805	new location may not commence until an inspection by the
1806	licensing authority of the facilities, pursuant to rules of the
1807	licensing authority, has been conducted and passed at the new
1808	location.
1809	Section 29.  Paragraphs (a) and (g) of subsection (1) and
1810	paragraphs (a), (f), and (g) of subsection (2) of section
1811	497.385, Florida Statutes, as renumbered and amended by section
1812	90 of chapter 2004-301, Laws of Florida, are amended, and
1813	paragraph (i) is added to subsection (2) of said section, to
1814	read:
1815	497.385  Removal services; refrigeration facilities;
1816	centralized embalming facilities.--In order to ensure that the
1817	removal, refrigeration, and embalming of all dead human bodies
1818	is conducted in a manner that properly protects the public's
1819	health and safety, the licensing authority shall adopt rules to
1820	provide for the licensure of removal services, refrigeration
1821	facilities, and centralized embalming facilities operated
1822	independently of funeral establishments, direct disposal
1823	establishments, and cinerator facilities.
1824	(1)  REMOVAL SERVICES AND REFRIGERATION SERVICES.--
1825	(a)  Application for licensure of a removal service or a
1826	refrigeration service shall be made using forms and procedures
1827	as specified by rule, shall be accompanied by a nonrefundable
1828	fee not to exceed $300 as set by licensing authority rule, and
1829	shall include the name of the business owner, manager in charge,
1830	business address, and copies of occupational and other local
1831	permits. The applicant shall be required to make disclosure of
1832	the applicant's criminal records, if any, as required by s.
1833	497.142. The applicant shall submit fingerprints in accordance
1834	with s. 497.142. A duly completed application accompanied by the
1835	required fees shall be approved and the license issued if the
1836	applicant has passed an inspection pursuant to rule of the
1837	licensing authority, the licensing authority determines the
1838	applicant is of good character and has no demonstrated history
1839	of lack of trustworthiness or integrity in business or
1840	professional matters, and the applicant otherwise is in
1841	compliance with all applicable requirements of this chapter.
1842	(g)1.  A change in ownership shall be promptly reported
1843	using forms and procedures specified by rule and may require the
1844	relicensure of the licensee, including reinspection and payment
1845	of applicable fees, as required by rule.
1846	2.  A change in location shall be promptly reported to the
1847	licensing authority pursuant to procedures established by rule.
1848	Operations by the licensee at a new location may not commence
1849	until an inspection by the licensing authority of the
1850	facilities, pursuant to rules of the licensing authority, has
1851	been conducted and passed at the new location.
1852	(2)  CENTRALIZED EMBALMING FACILITIES.--In order to ensure
1853	that all funeral establishments have access to embalming
1854	facilities that comply with all applicable health and safety
1855	requirements, the licensing authority shall adopt rules to
1856	provide for the licensure and operation of centralized embalming
1857	facilities and shall require, at a minimum, the following:
1858	(a)  All centralized embalming facilities shall contain all
1859	of the equipment and meet all of the requirements that a
1860	preparation room located in a funeral establishment is required
1861	to meet, but such facilities shall not be required to comply
1862	with any of the other requirements for funeral establishments,
1863	as set forth in s. 497.380. The licensing authority may adopt
1864	rules establishing the equipment and other requirements for
1865	operation of a centralized embalming facility consistent with
1866	this paragraph.
1867	(f)  Application for licensure of a centralized embalming
1868	facility shall be made utilizing forms and procedures prescribed
1869	by rule and shall be accompanied by a nonrefundable fee not to
1870	exceed $300 as set by licensing authority rule, and licensure
1871	shall be renewed biennially pursuant to procedures and upon
1872	payment of a nonrefundable fee not to exceed $300 as set by
1873	licensing authority rule. The licensing authority may also
1874	establish by rule a late fee not to exceed $50 per day. Any
1875	licensure not renewed within 30 days after the renewal date
1876	shall expire without further action by the department. The
1877	applicant shall be required to make disclosure of the
1878	applicant's criminal records, if any, as required by s. 497.142.
1879	The applicant shall submit fingerprints in accordance with s.
1880	497.142. A duly completed application accompanied by the
1881	required fees shall be approved and the license issued if the
1882	applicant has passed an inspection pursuant to rule of the
1883	licensing authority, the licensing authority determines the
1884	applicant is of good character and has no demonstrated history
1885	of lack of trustworthiness or integrity in business or
1886	professional matters, and the applicant otherwise is in
1887	compliance with all applicable requirements of this chapter.
1888	(g)  The licensing authority shall set by rule an annual
1889	inspection fee not to exceed $300, payable upon application for
1890	licensure and upon renewal of such licensure. Centralized
1891	embalming facilities shall be subject to inspection before
1892	issuance of license and annually thereafter and also upon change
1893	of location and during investigation of any complaint. A
1894	centralized embalming facility shall notify the licensing
1895	authority of any change in location. A change in ownership shall
1896	be promptly reported to the licensing authority and may require
1897	the relicensure of the licensee, including reinspection and
1898	payment of applicable fees, as required by rule. The licensing
1899	authority shall adopt rules establishing inspection criteria and
1900	otherwise establishing forms and procedures for the
1901	implementation of this paragraph.
1902	(i)1.  A change in ownership shall be promptly reported
1903	using forms and procedures specified by rule and may require the
1904	relicensure of the licensee, including reinspection and payment
1905	of applicable fees, as required by rule.
1906	2.  A change in location shall be promptly reported to the
1907	licensing authority pursuant to procedures established by rule.
1908	Operations by the licensee at a new location may not commence
1909	until an inspection by the licensing authority of the
1910	facilities, pursuant to rules of the licensing authority, has
1911	been conducted and passed at the new location.
1912	Section 30.  Section 497.453, Florida Statutes, as
1913	renumbered and amended by section 102 of chapter 2004-301, Laws
1914	of Florida, is amended to read:
1915	497.453  Application for preneed license, procedures and
1916	criteria; renewal; reports.--
1917	(1)  PRENEED LICENSE APPLICATION PROCEDURES.--
1918	(a)  A person seeking a license to enter into preneed
1919	contracts shall apply for such licensure using forms prescribed
1920	by rule.
1921	(b)  The application shall require the name, business
1922	address, residence address, date and place of birth or
1923	incorporation, and business phone number of the applicant and
1924	all principals of the applicant. The application shall require
1925	the applicant's social security number, or, if the applicant is
1926	an entity, its federal tax identification number.
1927	(c)  The application may require information as to the
1928	applicant's financial resources.
1929	(d)  The application may require information as to the
1930	educational and employment history of an individual applicant;
1931	and as to applicants that are not natural persons, the business
1932	and employment history of the applicant and principals of the
1933	applicant.
1934	(e)  The applicant shall be required to make disclosure of
1935	the applicant's criminal records, if any, as required by s.
1936	497.142. The application shall require the applicant to disclose
1937	whether the applicant or any of the applicant's principals have
1938	ever been convicted or found guilty of, or entered a plea of no
1939	contest to, regardless of adjudication, any crime in any
1940	jurisdiction.
1941	(f)  The application shall require the applicant to
1942	disclose whether the applicant or any of the applicant's
1943	principals have ever had a license or the authority to practice
1944	a profession or occupation refused, suspended, fined, denied, or
1945	otherwise acted against or disciplined by the licensing
1946	authority of any jurisdiction. A licensing authority's
1947	acceptance of a relinquishment of licensure, stipulation,
1948	consent order, or other settlement, offered in response to or in
1949	anticipation of the filing of charges against the license, shall
1950	be construed as action against the license.
1951	(g)  The applicant shall submit fingerprints in accordance
1952	with s. 497.142. The application shall require the applicant and
1953	its principals to provide fingerprints in accordance with part I
1954	of this chapter.
1955	(h)  The application shall state the name and license
1956	number of the funeral establishment, cemetery company, direct
1957	disposal establishment, or monument establishment, under whose
1958	license the preneed application is made.
1959	(i)  The application shall state the types of preneed
1960	contracts proposed to be written.
1961	(j)  The application shall disclose the existence of all
1962	preneed contracts for service or merchandise entered into by the
1963	applicant, or by any other entity under common control with the
1964	applicant, without or prior to authorization under this section
1965	or predecessors to this section. As to each such contract, the
1966	applicant shall disclose the name and address of the contract
1967	purchaser, the status of the contract, and what steps or
1968	measures the applicant has taken to ensure performance of
1969	unfulfilled contracts, setting forth the treatment and status of
1970	funds received from the customer in regard to the contract, and
1971	stating the name and address of any institution where such funds
1972	are deposited and the number used by the institution to identify
1973	the account. With respect to contracts entered into before
1974	January 1, 1983, an application to issue or renew a preneed
1975	license may not be denied solely on the basis of such
1976	disclosure. The purchaser of any such contract may not be
1977	required to liquidate the account if such account was
1978	established before July 1, 1965. Information disclosed may be
1979	used by the licensing authority to notify the contract purchaser
1980	and the institution in which such funds are deposited should the
1981	holder of a preneed license be unable to fulfill the
1982	requirements of the contract.
1983	(k)  The application shall require the applicant to
1984	demonstrate that the applicant complies and will comply with all
1985	requirements for preneed contract licensure under this chapter.
1986	(l)  The application may require any other information
1987	considered necessary by the department or board to meet its
1988	responsibilities under this chapter.
1989	(m)  The application shall be sworn to and signed in
1990	accordance with s. 497.141(12) by the applicant if a natural
1991	person, or by the president of an applicant that is not a
1992	natural person.
1993	(n)  The application shall be accompanied by a
1994	nonrefundable fee as determined by licensing authority rule but
1995	not to exceed $500.
1996	(2)  ACTION CONCERNING APPLICATIONS.--A duly completed
1997	application for licensure under this section, accompanied by the
1998	required fees, shall be approved and a license issued, if the
1999	licensing authority determines that the following conditions are
2000	met:
2001	(a)  The application is made by a funeral establishment,
2002	cemetery company, direct disposal establishment, or monument
2003	establishment, or on behalf of one of the preceding licensees by
2004	its agent in the case of a corporate entity, licensed and in
2005	good standing under this chapter.
2006	(b)  The applicant meets net worth requirements specified
2007	by rule of the licensing authority.
2008	1.  The net worth required by rule to obtain or renew a
2009	preneed license and write and carry up to $100,000 in total
2010	retail value of outstanding preneed contracts shall not exceed
2011	$20,000. The board may specify higher net worth requirements by
2012	increments, for total retail value of outstanding preneed
2013	contracts carried in excess of $100,000, as the board determines
2014	necessary for the protection of the public.
2015	2.  An applicant to obtain or renew a preneed licensee that
2016	cannot demonstrate the required initial minimum net worth may
2017	voluntarily submit to the licensing authority and request
2018	acceptance of alternative evidence of financial stability and
2019	resources or agree to additional oversight in lieu of the
2020	required net worth. Such additional evidence or oversight may
2021	include, as appropriate, one or more of the following:
2022	a.  An agreement to submit monthly financial statements of
2023	the entity.
2024	b.  An agreement to submit quarterly financial statements
2025	of the entity.
2026	c.  An appraisal of the entity's property or broker's
2027	opinion of the entity's assets.
2028	d.  A credit report of the entity or its principals.
2029	e.  A subordination-of-debt agreement from the entity's
2030	principals.
2031	f.  An indemnification or subrogation agreement binding the
2032	entity and its principals.
2033	g.  A guarantee agreement for the entity from its
2034	principals.
2035	h.  A written explanation of past financial activity.
2036	i.  Submission of a 12-month projected business plan that
2037	includes:
2038	(I)  A statement of cash flows.
2039	(II)  Pro forma income statements, with sources of revenues
2040	identified.
2041	(III)  Marketing initiatives.
2042	j.  Submission of previous department examination reports.
2043	k.  An agreement of 100 percent voluntary trust by the
2044	entity.
2045	3.  The licensing authority may accept such alternative
2046	evidence or arrangements in lieu of the required net worth only
2047	if the licensing authority determines such alternative evidence
2048	or arrangements are an adequate substitute for required net
2049	worth and that acceptance would not substantially increase the
2050	risk to existing or future customers of nonperformance by the
2051	applicant or licensee on its retail sales agreements.
2052	(c)  The applicant has and will have the ability to
2053	discharge her or his liabilities as they become due in the
2054	normal course of business, and has and will have sufficient
2055	funds available during the calendar year to perform her or his
2056	obligations under her or his contracts.
2057	(d)  If the applicant or any entity under common control
2058	with the applicant has entered into preneed contracts prior to
2059	being authorized to do so under the laws of this state:
2060	1.  The licensing authority determines that adequate
2061	provision has been made to ensure the performance of such
2062	contracts.
2063	2.  The licensing authority determines that the improper
2064	sale of such preneed contracts prior to authorization under this
2065	chapter does not indicate, under the facts of the particular
2066	application in issue, that the applicant has a disregard of the
2067	laws of this state such as would expose the public to
2068	unreasonable risk if the applicant were issued a preneed
2069	license.
2070	3.  Nothing in this section shall imply any authorization
2071	to enter into preneed contracts without authorization under this
2072	chapter.
2073	(e)  Neither the applicant nor the applicant's principals
2074	have a demonstrated history of conducting their business affairs
2075	to the detriment of the public.
2076	(f)  The applicant and the applicant's principals are of
2077	good character and have no demonstrated history of lack of
2078	trustworthiness or integrity in business or professional
2079	matters.
2080	(g)  The applicant does and will comply with all other
2081	requirements of this chapter relating to preneed licensure.
2082	(3)  ISSUANCE OF LICENSES ON PROBATIONARY STATUS.--It is
2083	the policy of this state to encourage competition for the public
2084	benefit in the preneed contract business by, among other means,
2085	the entry of new licensees into that business. To facilitate
2086	issuance of licenses concerning applications judged by the
2087	licensing authority to be borderline as to qualification for
2088	licensure, the licensing authority may issue a new license under
2089	this section on a probationary basis, subject to conditions
2090	specified by the licensing authority on a case-by-case basis,
2091	which conditions may impose special monitoring, reporting, and
2092	restrictions on operations for up to the first 12 months of
2093	licensure, to ensure the licensee's responsibleness, competency,
2094	financial stability, and compliance with this chapter. Provided,
2095	no such probationary license shall be issued unless the
2096	licensing authority determines that issuance would not pose an
2097	unreasonable risk to the public, and the licensing authority
2098	must within 12 months after issuance of the license either
2099	remove the probationary status or determine that the licensee is
2100	not qualified for licensure under this chapter and institute
2101	proceedings for revocation of licensure.
2102	(4)  CHANGE IN CONTROL SUBSEQUENT TO LICENSURE.--
2103	(a)  Each licensee under this section must provide notice
2104	as required by rule prior to any change in control of the
2105	licensee. Any such change is subject to disapproval or to
2106	reasonable conditions imposed by the licensing authority, for
2107	the protection of the public to ensure compliance with this
2108	chapter, based upon criteria established by rule, which criteria
2109	shall promote the purposes of this part in protecting the
2110	consumer.
2111	(b)  The licensing authority may authorize the transfer of
2112	a preneed license and establish by rule a fee for the transfer
2113	in an amount not to exceed $500. Upon receipt of an application
2114	for transfer, the executive director may grant a temporary
2115	preneed license to the proposed transferee, based upon criteria
2116	established by the licensing authority by rule, which criteria
2117	shall promote the purposes of this chapter in protecting the
2118	consumer. Such a temporary preneed license shall expire at the
2119	conclusion of the next regular meeting of the board unless
2120	renewed by the board. The licensing authority may by rule
2121	establish forms and procedures for the implementation of this
2122	paragraph.
2123	(5)  RENEWAL OF LICENSES.--
2124	(a)  A preneed license shall expire annually on June 1,
2125	unless renewed, or at such other time or times as may be
2126	provided by rule. The application for renewal of the license
2127	shall be on forms prescribed by rule and shall be accompanied by
2128	a renewal fee as specified in paragraph (c).
2129	(b)  Within 3 months after the end of its fiscal period, or
2130	within an extension of time therefor, as the department for good
2131	cause may grant, the licensee shall file with the department a
2132	full and true statement of her or his financial condition,
2133	transactions, and affairs, prepared on a basis as adopted by
2134	rule, as of the end of the preceding fiscal period or at such
2135	other time or times as may be required by rule, together with
2136	such other information and data which may be required by rule.
2137	To facilitate uniformity in financial statements and to
2138	facilitate department analysis, there may be adopted by rule a
2139	form for financial statements. The rules regarding net worth,
2140	authorized by paragraph (2)(b), shall be applicable to the
2141	renewal of preneed licenses.
2142	(c)1.  Each annual application for renewal of a preneed
2143	license that is not held by a monument establishment shall be
2144	accompanied by the appropriate fee as follows:
2145	a.1.  For a preneed licensee with no preneed contract sales
2146	during the immediately preceding year....$300.
2147	b.2.  For a preneed licensee with at least 1 but fewer than
2148	50 preneed contract sales during the immediately preceding
2149	year....$400.
2150	c.3.  For a preneed licensee with at least 50 but fewer
2151	than 250 preneed contract sales during the immediately preceding
2152	year....$500.
2153	d.4.  For a preneed licensee with at least 250 but fewer
2154	than 1,000 preneed contract sales during the immediately
2155	preceding year....$850.
2156	e.5.  For a preneed licensee with at least 1,000 but fewer
2157	than 2,500 preneed contract sales during the immediately
2158	preceding year....$1,500.
2159	f.6.  For a preneed licensee with at least 2,500 but fewer
2160	than 5,000 preneed contract sales during the immediately
2161	preceding year....$2,500.
2162	g.7.  For a preneed licensee with at least 5,000 but fewer
2163	than 15,000 preneed contract sales during the immediately
2164	preceding year....$6,000.
2165	h.8.  For a preneed licensee with at least 15,000 but fewer
2166	than 30,000 preneed contract sales during the immediately
2167	preceding year....$12,500.
2168	i.9.  For a preneed licensee with 30,000 preneed contract
2169	sales or more during the immediately preceding year....$18,500.
2170	2.  Each annual application for renewal of a preneed
2171	license that is held by a monument establishment shall be
2172	accompanied by the appropriate fee determined by its total gross
2173	aggregate at-need and preneed retail sales for the 12-month
2174	period ending 2 full calendar months prior to the month in which
2175	the renewal is required, as follows:
2176	a.  Total sales of $1 to $50,000, renewal fee $1,000.
2177	b.  Total sales of $50,001 to $250,000, renewal fee $1,500.
2178	c.  Total sales of $250,001 to $500,000, renewal fee
2179	$2,000.
2180	d.  Total sales over $500,000, renewal fee $2,500.
2181	(d)  An application for renewal shall disclose the
2182	existence of all preneed contracts for service or merchandise
2183	funded by any method other than a method permitted by this
2184	chapter, which contracts are known to the applicant and were
2185	entered into by the applicant, or any other entity under common
2186	control with the applicant, during the annual license period
2187	then ending. Such disclosure shall include the name and address
2188	of the contract purchaser, the name and address of the
2189	institution where such funds are deposited, and the number used
2190	by the institution to identify the account.
2191	(e)  In addition to any other penalty that may be provided
2192	for under this chapter, there may be levied a late fee as
2193	determined by licensing authority rule but not to exceed $50 a
2194	day for each day the preneed licensee fails to file its annual
2195	statement, and there may be levied a late fee as determined by
2196	licensing authority rule but not to exceed $50 a day for each
2197	day the preneed licensee fails to file the statement of
2198	activities of the trust. Upon notice to the preneed licensee by
2199	the department that the preneed licensee has failed to file the
2200	annual statement or the statement of activities of the trust,
2201	the preneed licensee's authority to sell preneed contracts shall
2202	cease while such default continues.
2203	(6)  QUARTERLY PAYMENTS.--In addition to other amounts
2204	required to be paid by this section, each preneed licensee shall
2205	pay to the Regulatory Trust Fund an amount established by rule
2206	not to exceed $10 for each preneed contract entered into. This
2207	amount must be paid within 60 days after the end of each
2208	quarter. These funds must be used to defray the cost of
2209	administering the provisions of this part.
2210	(7)  BRANCH OPERATIONS AND LICENSURE.--
2211	(a)  Any person or entity that is part of a common business
2212	enterprise that has a preneed license issued pursuant to this
2213	section and desires to operate under a name other than that of
2214	the common business enterprise, may submit an application on a
2215	form adopted by rule to become a branch licensee. The
2216	application shall be accompanied by an application fee as
2217	determined by licensing authority rule but not to exceed $300.
2218	(b)  Upon a determination that such branch applicant
2219	qualifies to sell preneed contracts under this part except for
2220	the requirements of paragraph (2)(c), and if the sponsoring
2221	preneed licensee under whose preneed license the branch
2222	applicant seeks branch status meets the requirements of such
2223	paragraph and is in compliance with all requirements of this
2224	part regarding its preneed license and operations thereunder, a
2225	branch license shall be issued.
2226	(c)  Branch licenses shall be renewed annually by payment
2227	of a renewal fee set by licensing authority rule and not to
2228	exceed $300. Branch licenses may be renewed only so long as the
2229	preneed license of the sponsoring preneed licensee remains in
2230	good standing.
2231	(d)  Violations of this part by the branch shall be deemed
2232	to be violations of this part by its sponsoring preneed
2233	licensee, unless the licensing authority determines that
2234	extenuating circumstances indicate that it would be unjust to
2235	attribute the branch's misconduct to the sponsoring preneed
2236	licensee. Preneed sales of the branch shall be deemed to be
2237	sales of the sponsoring licensee for purposes of renewal fees
2238	and trust requirements under this chapter.
2239	(e)  The sponsoring preneed licensee shall be responsible
2240	for performance of preneed contracts entered into by its branch
2241	if the branch does not timely fulfill any such contract.
2242	(8)  ANNUAL TRUST REPORTS.--On or before April 1 of each
2243	year, the preneed licensee shall file in the form prescribed by
2244	rule a full and true statement as to the activities of any trust
2245	established by it pursuant to this part for the preceding
2246	calendar year.
2247	(9)  DEPOSIT OF FUNDS.--All sums collected under this
2248	section shall be deposited to the credit of the Regulatory Trust
2249	Fund.
2250	Section 31.  Subsection (6) of section 497.456, Florida
2251	Statutes, as renumbered and amended by section 105 of chapter
2252	2004-301, Laws of Florida, is amended to read:
2253	497.456  Preneed Funeral Contract Consumer Protection Trust
2254	Fund.--
2255	(6)  Upon the commencement of a delinquency proceeding
2256	pursuant to this chapter against a preneed licensee, the
2257	licensing authority may use up to 50 percent of the balance of
2258	the trust fund not already committed to a prior delinquency
2259	proceeding solely for the purpose of establishing a receivership
2260	and providing restitution to preneed contract purchasers and
2261	their estates due to a preneed licensee's failure to provide the
2262	benefits of a preneed contract or failure to refund the
2263	appropriate principal amount by reason of cancellation thereof.
2264	The balance of the trust fund shall be determined as of the date
2265	of the delinquency proceeding.
2266	Section 32.  Paragraph (h) of subsection (1) and subsection
2267	(4) of section 497.458, Florida Statutes, as renumbered and
2268	amended by section 107 of chapter 2004-301, Laws of Florida, are
2269	amended to read:
2270	497.458  Disposition of proceeds received on contracts.--
2271	(1)
2272	(h)  In no event may trust funds be loaned, directly or
2273	indirectly, to any of the following persons: the preneed
2274	licensee; any entity under any degree of common control with the
2275	preneed licensee; any employee, director, full or partial owner,
2276	or principal of the preneed licensee; or any person related by
2277	blood or marriage to any of those persons. In no event may trust
2278	funds, directly or indirectly, be invested in or with, or loaned
2279	to, any business or business venture in which any of the
2280	following persons have an interest: the preneed licensee, any
2281	entity under any degree of common control with the preneed
2282	licensee, any employee, director, full or partial owner, or
2283	principal of the preneed licensee, or any person related by
2284	blood or marriage to any of those persons. In no event may said
2285	funds be loaned to a preneed licensee, an affiliate of a preneed
2286	licensee, or any person directly or indirectly engaged in the
2287	burial, funeral home, or cemetery business.
2288	(4)(a)  Trust funds shall not be invested in or loaned to
2289	or for the benefit of any business venture in which the preneed
2290	licensee, its principals, or persons related by blood or
2291	marriage to the licensee or its principals, have a direct or
2292	indirect interest, without the prior approval of the licensing
2293	authority.
2294	(b)  Trust funds shall not be loaned to or for the benefit
2295	of the preneed licensee, its principals, or persons related by
2296	blood or marriage to the licensee or its principals, without the
2297	prior approval of the licensing authority.
2298	(c)  No approval of such loans or investments shall be
2299	given unless it be shown by clear and convincing evidence that
2300	such loan or investment would be in the interest of the preneed
2301	contract holders whose contracts are secured by the trust funds.
2302	(d)  The licensing authority may adopt rules exempting from
2303	the prohibition of paragraph (1)(h) this subsection, pursuant to
2304	criteria established in such rule, the investment of trust funds
2305	in investments, such as widely and publicly traded stocks and
2306	bonds, notwithstanding that the licensee, its principals, or
2307	persons related by blood or marriage to the licensee or its
2308	principals have an interest by investment in the same entity,
2309	where neither the licensee, its principals, or persons related
2310	by blood or marriage to the licensee or its principals have the
2311	ability to control the entity invested in, and it would be in
2312	the interest of the preneed contract holders whose contracts are
2313	secured by the trust funds to allow the investment.
2314	Section 33.  Paragraphs (d) and (h) of subsection (2) and
2315	subsection (5) of section 497.466, Florida Statutes, as
2316	renumbered and amended by section 115 of chapter 2004-301, Laws
2317	of Florida, are amended to read:
2318	497.466  Preneed sales agents, license required;
2319	application procedures and criteria; responsibility of preneed
2320	licensee.--
2321	(2)  APPLICATION PROCEDURES.--
2322	(d)  The applicant shall be required to make disclosure of
2323	the applicant's criminal records, if any, as required by s.
2324	497.142. The application shall require the preneed sales agent
2325	applicant to disclose whether the preneed sales agent applicant
2326	has ever been convicted or found guilty of, or entered a plea of
2327	no contest to, regardless of adjudication, any crime in any
2328	jurisdiction.
2329	(h)  The applicant shall submit fingerprints in accordance
2330	with s. 497.142. The applicant shall be required to submit her
2331	or his fingerprints in accordance with part I of this chapter.
2332	(5)  SIMPLIFIED PROCEDURES FOR SUBSEQUENT CHANGE OF
2333	SPONSORING LICENSEE.--The board may by rule establish simplified
2334	requirements and procedures under which any preneed sales agent,
2335	who within the 12 months preceding application under this
2336	subsection held in good standing a preneed sales agent license
2337	under this section, may obtain a preneed sales agent's license
2338	under this section to represent a different sponsoring preneed
2339	licensee. If the applicant has previously submitted fingerprints
2340	to the department pursuant to s. 497.142, the simplified
2341	requirements shall dispense with the requirement for another
2342	submission of fingerprints by the applicant. The licensing
2343	authority may by rule prescribe forms to be used by applicants
2344	under this subsection, which forms may dispense with the
2345	requirement for any information not deemed by the licensing
2346	authority to be necessary to tracking the identity of the
2347	preneed licensee responsible for the activities of the preneed
2348	sales agent. No preneed sales agent licensee whose sales agent
2349	license issued by the board was revoked or suspended or
2350	otherwise terminated while in other than good standing, shall be
2351	eligible to use the simplified requirements and procedures. The
2352	issuance of a preneed sales agent license under this subsection
2353	shall not operate as a bar to any subsequent disciplinary action
2354	relating to grounds arising prior to obtaining the license under
2355	this subsection. There shall be a fee payable to the department
2356	under such simplified procedures, which fee shall be the same as
2357	the fee paid upon initial application for a preneed sales agent
2358	license, except that no fingerprint fee shall be required if
2359	such fingerprint fee is required for initial applications.
2360	Section 34.  Section 497.468, Florida Statutes, is created
2361	to read:
2362	497.468  Disclosure of information to the public.--A
2363	preneed licensee offering to provide burial rights, merchandise,
2364	or services to the public shall:
2365	(1)  Provide by telephone, upon request, accurate
2366	information regarding the retail prices of burial merchandise
2367	and services offered for sale by the licensee.
2368	(2)  Fully disclose all regularly offered services and
2369	merchandise prior to the selection of burial services or
2370	merchandise. The full disclosure required shall identify the
2371	prices of all burial rights, services, and merchandise provided
2372	by the licensee.
2373	(3)  Not make any false or misleading statements of the
2374	legal requirement as to the necessity of a casket or outer
2375	burial container.
2376	(4)  Provide a good faith estimate of all fees and costs
2377	the customer will incur to use any burial rights, merchandise,
2378	or services purchased.
2379	(5)  Provide to the customer, upon the purchase of any
2380	burial right, merchandise, or service, a written contract, the
2381	form of which has been approved by the licensing authority
2382	pursuant to procedures specified by rule.
2383	(a)  The written contract shall be completed as to all
2384	essential provisions prior to the signing of the contract by the
2385	customer.
2386	(b)  The written contract shall provide an itemization of
2387	the amounts charged for all services, merchandise, and fees,
2388	which itemization shall be clearly and conspicuously segregated
2389	from everything else on the written contract.
2390	(c)  A description of the merchandise covered by the
2391	contract to include, when applicable, model, manufacturer, and
2392	other relevant specifications.
2393	(6)  Provide the licensee's policy on cancellation and
2394	refunds to each customer.
2395	(7)  In a manner established by rule of the licensing
2396	authority, provide on the signature page, clearly and
2397	conspicuously in boldfaced 10-point type or larger, the
2398	following:
2399	(a)  The words "purchase price."
2400	(b)  The amount to be trusted.
2401	(c)  The amount to be refunded upon contract cancellation.
2402	(d)  The amounts allocated to merchandise, services, and
2403	cash advances.
2404	(e)  The toll-free number of the department which is
2405	available for questions or complaints.
2406	(f)  A statement that the purchaser shall have 30 days from
2407	the date of execution of contract to cancel the contract and
2408	receive a total refund of all moneys paid for items not used.
2409	(8)  Effective October 1, 2006, display in its offices for
2410	free distribution to all potential customers, and provide to all
2411	customers at the time of sale, a brochure explaining how and by
2412	whom preneed sales are regulated, summarizing consumer rights
2413	under the law, and providing the name, address, and phone number
2414	of the department's consumer affairs division. The format and
2415	content of the brochure shall be as prescribed by rule. The
2416	licensing authority may cause the publication of such brochures
2417	and by rule establish requirements that preneed licensees
2418	purchase and make available such brochures as so published, in
2419	the licensee's offices, to all potential customers.
2420	(9)  Provide to each customer a complete description of any
2421	monument, marker, or memorialization to be placed at the
2422	gravesite pursuant to the preneed contract.
2423	Section 35.  Paragraphs (c), (e), (f), and (h) of
2424	subsection (2) of section 497.550, Florida Statutes, as
2425	renumbered and amended by section 118 of chapter 2004-301, Laws
2426	of Florida, are amended, and paragraph (j) is added to
2427	subsection (2) of said section, to read:
2428	497.550  Licensure of monument establishments required;
2429	procedures and criteria.--
2430	(2)  APPLICATION PROCEDURES.--A person seeking licensure as
2431	a monument establishment shall apply for such licensure using
2432	forms prescribed by rule.
2433	(c)  The applicant shall be required to make disclosure of
2434	the applicant's criminal records, if any, as required by s.
2435	497.142. The application shall require the applicant to disclose
2436	whether the applicant or any of its principals have ever been
2437	convicted or found guilty of, or entered a plea of no contest
2438	to, regardless of adjudication, any crime in any jurisdiction.
2439	(e)  The applicant shall submit fingerprints in accordance
2440	with s. 497.142. The application shall require the applicant's
2441	principals to provide fingerprints in accordance with part I of
2442	this chapter.
2443	(f)  The applicant shall be a natural person at least 18
2444	years of age, a corporation, a partnership, or a limited
2445	liability company formed prior to January 1, 2005, which limited
2446	liability company already holds a license under this chapter.
2447	(h)  The application shall be signed in accordance with s.
2448	497.141(12) by the applicant if a natural person, or by the
2449	president of an applicant that is a corporation.
2450	(j)  Upon receipt of the application and application fee,
2451	the licensing authority shall inspect the proposed monument
2452	establishment facilities in accordance with rules of the
2453	licensing authority.
2454	Section 36.  Section 497.551, Florida Statutes, as created
2455	by chapter 2004-301, Laws of Florida, is amended to read:
2456	497.551  Renewal of monument establishment licensure.--
2457	(1)  A monument establishment license must be renewed
2458	biennially by the licensee.
2459	(2)  A monument establishment licensee that does not hold a
2460	preneed sales license as of 90 days prior to the date its
2461	monument establishment license renewal is due, shall renew its
2462	monument establishment license by payment of a renewal fee
2463	established by rule not to exceed $250.
2464	(3)  A monument establishment licensee which as of 90 days
2465	prior to its monument establishment license renewal date also
2466	holds a preneed sales license issued under this chapter, shall
2467	renew its monument establishment license by payment of a renewal
2468	fee determined by its total gross aggregate at-need and preneed
2469	retail sales for the 12-month period ending 2 full calendar
2470	months prior to the month in which the renewal is required, as
2471	follows:
2472	(a)  Total sales of $1 to $50,000, renewal fee $1,000.
2473	(b)  Total sales of $50,001 to $250,000, renewal fee
2474	$1,500.
2475	(c)  Total sales of $250,001 to $500,000, renewal fee
2476	$2,000.
2477	(d)  Total sales over $500,000, renewal fee $2,500.
2478	(3)(4)  Rules may be adopted providing procedures, forms,
2479	and uniform timeframes for monument establishment license
2480	renewals.
2481	Section 37.  Subsection (4) of section 497.552, Florida
2482	Statutes, as created by chapter 2004-301, Laws of Florida, is
2483	amended to read:
2484	497.552  Required facilities.--Effective January 1, 2006, a
2485	monument establishment shall at all times have and maintain a
2486	full-service place of business at a specific street address or
2487	location in Florida complying with the following requirements:
2488	(4)  It shall have facilities on site for inscribing
2489	monuments and equipment to deliver and install markers and
2490	monuments.
2491	Section 38.  Subsection (5) of section 497.553, Florida
2492	Statutes, as created by chapter 2004-301, Laws of Florida, is
2493	amended, and subsection (6) is added to said section, to read:
2494	497.553  Regulation of monument establishments.--
2495	(5)  Commencing January 1, 2006, the failure of a monument
2496	establishment to deliver and install a purchased monument or
2497	marker by the date agreed in the sales agreement shall entitle
2498	the customer to a full refund of all amounts paid by the
2499	customer for the monument and its delivery and installation,
2500	unless the monument establishment has obtained a written
2501	agreement from the customer extending the delivery date. Such
2502	refund shall be made within 30 days after receipt by the
2503	monument establishment of the customer's written request for a
2504	refund. This subsection does not preclude the purchase and
2505	installation of a new monument from any other registered
2506	monument establishment or preneed sales licensee.
2507	(6)(a)  A change in ownership shall be promptly reported
2508	using forms and procedures specified by rule and may require the
2509	relicensure of the licensee, including reinspection and payment
2510	of applicable fees, as required by rule.
2511	(b)  A change in location shall be promptly reported to the
2512	licensing authority pursuant to procedures established by rule.
2513	Operations by the licensee at a new location may not commence
2514	until an inspection by the licensing authority of the
2515	facilities, pursuant to rules of the licensing authority, has
2516	been conducted and passed at the new location.
2517	Section 39.  Paragraph (b) of subsection (2) and subsection
2518	(4) of section 497.554, Florida Statutes, as created by chapter
2519	2004-301, Laws of Florida, are amended, and subsection (7) is
2520	added to said section, to read:
2521	497.554  Monument establishment sales representatives.--
2522	(2)  APPLICATION PROCEDURES.--Licensure as a monument
2523	establishment sales agent shall be by submission of an
2524	application for licensure to the department on a form prescribed
2525	by rule.
2526	(b)  The applicant shall be required to make disclosure of
2527	the applicant's criminal records, if any, as required by s.
2528	497.142. The applicant shall submit fingerprints in accordance
2529	with s. 497.142. The application shall require the applicant to
2530	disclose whether the applicant has ever been convicted or found
2531	guilty of, or entered a plea of no contest to, regardless of
2532	adjudication, any crime in any jurisdiction.
2533	(4)  RENEWAL; TERMINATION OF AUTHORITY.--
2534	(a)  A monument establishment sales agent license under
2535	this section shall be renewed upon payment of a fee determined
2536	by rule of the licensing authority but not to exceed $250. Once
2537	issued, a monument establishment sales agent license of an agent
2538	not licensed to make preneed sales shall remain in effect
2539	without renewal until surrendered, or the sponsoring monument
2540	establishment terminates the agent's authority to sell on behalf
2541	of that monument establishment, or the license is revoked or
2542	suspended by the licensing authority for cause.
2543	(b)  The monument establishment whose officer signed the
2544	sales agent application shall terminate that agent's authority
2545	to sell on behalf of that monument establishment, and the
2546	monument establishment in writing shall advise the licensing
2547	authority of such termination within 30 days after the
2548	termination.
2549	(7)  EFFECTIVE DATE.--The provisions of this section shall
2550	be effective October 1, 2006.
2551	Section 40.  Section 497.555, Florida Statutes, as created
2552	by chapter 2004-301, Laws of Florida, is amended to read:
2553	497.555  Required rules.--Rules shall be adopted
2554	establishing minimum standards for access to all cemeteries by
2555	licensed monument establishments for the purpose of delivering
2556	and installing markers and monuments. In all cases, cemeteries
2557	and monument establishments must comply with these minimum
2558	standards.
2559	Section 41.  Paragraphs (d) and (f) of subsection (2) of
2560	section 497.602, Florida Statutes, as renumbered and amended by
2561	section 127 of chapter 2004-301, Laws of Florida, are amended to
2562	read:
2563	497.602  Direct disposers, license required; licensing
2564	procedures and criteria; regulation.--
2565	(2)  APPLICATION PROCEDURES.--
2566	(d)  The applicant shall be required to make disclosure of
2567	the applicant's criminal records, if any, as required by s.
2568	497.142. The application shall require the applicant to disclose
2569	whether the applicant has ever been convicted or found guilty
2570	of, or entered a plea of no contest to, regardless of
2571	adjudication, any crime in any jurisdiction.
2572	(f)  The applicant shall submit fingerprints in accordance
2573	with s. 497.142. The application shall require the applicant to
2574	provide fingerprints in accordance with part I of this chapter.
2575	Section 42.  Paragraphs (f), (h), and (j) of subsection
2576	(2), paragraphs (a) and (b) of subsection (3), and subsection
2577	(7) of section 497.604, Florida Statutes, as renumbered and
2578	amended by section 129 of chapter 2004-301, Laws of Florida, are
2579	amended, and paragraph (f) is added to subsection (9) of said
2580	section, to read:
2581	497.604  Direct disposal establishments, license required;
2582	licensing procedures and criteria; license renewal;
2583	regulation.--
2584	(2)  APPLICATION PROCEDURES.--
2585	(f)  The applicant shall be required to make disclosure of
2586	the applicant's criminal records, if any, as required by s.
2587	497.142. The application shall require the applicant to disclose
2588	whether the applicant or any of the applicant's principals
2589	including its proposed supervising licensee has ever been
2590	convicted or found guilty of, or entered a plea of no contest
2591	to, regardless of adjudication, any crime in any jurisdiction.
2592	(h)  The applicant shall submit fingerprints in accordance
2593	with s. 497.142. The application shall require the applicant and
2594	its principals to provide fingerprints in accordance with part I
2595	of this chapter.
2596	(j)  The application shall be signed in accordance with s.
2597	497.141(12) by the applicant if a natural person or by the
2598	president of an applicant that is not a natural person.
2599	(3)  ACTION CONCERNING APPLICATIONS.--A duly completed
2600	application for licensure under this section, accompanied by the
2601	required fee, shall be approved if the licensing authority
2602	determines that the following conditions are met:
2603	(a)  The applicant is a natural person at least 18 years of
2604	age, a corporation, a partnership, or a limited liability
2605	company formed prior to January 1, 2006, which limited liability
2606	company already holds a license under this chapter.
2607	(b)  The applicant does or will prior to commencing
2608	operations under the license comply with all requirements of
2609	this chapter relating to the license applied for. The applicant
2610	shall have passed an inspection prior to issuance of a license
2611	under this section, in accordance with rules of the licensing
2612	authority.
2613	(7)  CHANGES SUBSEQUENT TO LICENSURE.--Each licensee under
2614	this section must provide notice as required by rule prior to
2615	any change in location or control of the licensee or licensed
2616	person in charge of the licensee's operations. A change in
2617	control is subject to approval by the licensing authority and to
2618	reasonable conditions imposed by the licensing authority, for
2619	the protection of the public to ensure compliance with this
2620	chapter. Operations by the licensee at a new location may not
2621	commence until an inspection by the licensing authority of the
2622	facilities at the new location, pursuant to rules of the
2623	licensing authority, has been conducted and passed. Each
2624	licensee under this section must provide notice as required by
2625	rule prior to any change in location or control of the licensee
2626	or licensed person in charge of the licensee's operations. Any
2627	such change is subject to disapproval or to reasonable
2628	conditions imposed by the licensing authority, for the
2629	protection of the public to ensure compliance with this chapter.
2630	(9)  REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.--
2631	(f)  A direct disposal establishment shall retain all
2632	signed contracts for a period of at least 2 years.
2633	Section 43.  Paragraphs (f), (h), and (j) of subsection
2634	(2), paragraph (b) of subsection (3), subsection (7), and
2635	paragraphs (i), (j), and (k) of subsection (9) of section
2636	497.606, Florida Statutes, as renumbered and amended by section
2637	131 of chapter 2004-301, Laws of Florida, are amended to read:
2638	497.606  Cinerator facility, licensure required; licensing
2639	procedures and criteria; license renewal; regulation.--
2640	(2)  APPLICATION PROCEDURES.--
2641	(f)  The applicant shall be required to make disclosure of
2642	the applicant's criminal records, if any, as required by s.
2643	497.142. The application shall require the applicant to disclose
2644	whether the applicant or any of the applicant's principals
2645	including its proposed supervising licensee has ever been
2646	convicted or found guilty of, or entered a plea of no contest
2647	to, regardless of adjudication, any crime in any jurisdiction.
2648	(h)  The applicant shall submit fingerprints in accordance
2649	with s. 497.142. The application shall require the applicant and
2650	its principals to provide fingerprints in accordance with part I
2651	of this chapter.
2652	(j)  The application shall be signed in accordance with s.
2653	497.141(12) by the applicant if a natural person or by the
2654	president of an applicant that is not a natural person.
2655	(3)  ACTION CONCERNING APPLICATIONS.--A duly completed
2656	application for licensure under this section, accompanied by the
2657	required fee, shall be approved if the licensing authority
2658	determines that the following conditions are met:
2659	(b)  The applicant is a natural person at least 18 years of
2660	age, a corporation, a partnership, or a limited liability
2661	company formed prior to January 1, 2006, which limited liability
2662	company already holds a license under this chapter.
2663	(7)  CHANGES SUBSEQUENT TO LICENSURE.--Each licensee under
2664	this section must provide notice as required by rule prior to
2665	any change in location or, control of the licensee, or licensed
2666	person in charge of the licensee's operations. A change in
2667	control is subject to approval by the licensing authority and to
2668	reasonable conditions Any such change is subject to disapproval
2669	or to reasonable conditions imposed by the licensing authority,
2670	for the protection of the public to ensure compliance with this
2671	chapter. Operations by the licensee at a new location may not
2672	commence until an inspection by the licensing authority of the
2673	facilities, pursuant to rules of the licensing authority, has
2674	been conducted and passed at the new location.
2675	(9)  REGULATION OF CINERATOR FACILITIES.--
2676	(i)  There shall be adopted by rule criteria for acceptable
2677	cremation and alternative containers.
2678	(i)(j)  There shall be rules adopted requiring each
2679	facility to submit periodic reports to the department which
2680	include the names of persons cremated, the date and county of
2681	death, the name of each person supervising each cremation, the
2682	name and license number of the establishment requesting
2683	cremation, and the types of containers used to hold the body
2684	during cremation.
2685	(j)(k)  Each cinerator facility must be inspected prior to
2686	the initial issuance of its license and annually thereafter
2687	issuance and renewal of its license and shall:
2688	1.  Maintain one or more retorts for the reduction of dead
2689	human bodies.
2690	2.  Maintain refrigeration that satisfies the standards set
2691	by the Department of Health and contains a sufficient
2692	refrigerated space number of shelves for the average daily
2693	number of bodies stored, if unembalmed bodies are kept at the
2694	site.
2695	3.  Maintain sufficient pollution control equipment to
2696	comply with requirements of the Department of Environmental
2697	Protection in order to secure annual approved certification.
2698	4.  Either have on site or immediately available sufficient
2699	gasketed sealed containers of a type required for the
2700	transportation of bodies as specified in applicable state rules.
2701	5.  Maintain the premises in a clean and sanitary
2702	condition.
2703	6.  Have appropriate Department of Environmental Protection
2704	permits.
2705	7.  Retain all signed contracts for a period of at least 2
2706	years.
2707	Section 44.  Subsection (3) of section 497.607, Florida
2708	Statutes, as renumbered and amended by section 132 of chapter
2709	2004-301, Laws of Florida, is amended, and subsection (4) is
2710	added to said section, to read:
2711	497.607  Cremation; procedure required.--
2712	(3)  Pursuant to the request of a legally authorized person
2713	and incidental to final disposition, cremation may be performed
2714	on parts of human remains. This subsection does not authorize
2715	the cremation of body parts as defined in s. 497.005.
2716	(4)  The licensing authority shall by no later than October
2717	1, 2008, adopt rules regarding the cremation of human remains by
2718	chemical means. Such rules shall define cremation by chemical
2719	means, and shall specify such acceptable or required processes,
2720	equipment, and procedures for cremation by chemical means as are
2721	reasonably necessary for the protection of the public health,
2722	safety, and welfare. Cremation by chemical means shall not be
2723	authorized in this state except when done in accordance with
2724	such rules and by a cinerator facility licensed under this
2725	chapter. In regard to unclaimed human remains delivered pursuant
2726	to s. 406.50 to the control of the anatomical board of this
2727	state headquartered at the University of Florida Health Science
2728	Center, the provisions of this subsection and chapter shall not
2729	be construed to prohibit the anatomical board from causing at
2730	any time before or after October 1, 2008, the final disposition
2731	of such unclaimed human remains through cremation by chemical
2732	means or otherwise, when performed in facilities owned and
2733	operated by the anatomical board or the University of Florida
2734	Health Science Center pursuant to and using such processes,
2735	equipment, and procedures as the anatomical board determines to
2736	be proper and adequate.
2737	Section 45.  Section 152 of chapter 2004-301, Laws of
2738	Florida, is amended to read:
2739	Section 152.  (1)  The rules of the Board of Funeral
2740	Directors and Embalmers and of the Department of Business and
2741	Professional Regulation relating to the Board of Funeral
2742	Directors and Embalmers or implementation of chapter 470,
2743	Florida Statutes, which were in effect at 11:59 p.m. on the day
2744	prior to this act taking effect shall become on the subjects
2745	which they address the rules of the Department of Financial
2746	Services and the Board of Funeral, Cemetery, and Consumer
2747	Services and shall remain in effect until amended or repealed in
2748	the manner provided by law.
2749	(2)  The rules of the Board of Funeral and Cemetery
2750	Services which were in effect at 11:59 p.m. on the day prior to
2751	this act taking effect shall become on the subjects which they
2752	address the rules of the Department of Financial Services and
2753	the Board of Funeral, Cemetery, and Consumer Services and shall
2754	remain in effect until specifically amended or repealed in the
2755	manner provided by law.
2756	(3)  The rules of the Department of Financial Services
2757	relating to chapter 497, Florida Statutes, which were in effect
2758	at 11:59 p.m. P.M. on the day prior to this act taking effect
2759	shall continue in force until thereafter repealed or amended
2760	pursuant to chapter 120, Florida Statutes, and this act.
2761	Section 46.  Subsection (3) of section 626.785, Florida
2762	Statutes, is amended to read:
2763	626.785  Qualifications for license.--
2764	(3)  Notwithstanding any other provisions of this chapter,
2765	a funeral director, a direct disposer, or an employee of a
2766	funeral establishment which holds a certificate of authority
2767	pursuant to s. 497.405 may obtain an agent's license to sell
2768	only policies of life insurance covering the expense of a
2769	prearrangement for funeral services or merchandise so as to
2770	provide funds at the time the services and merchandise are
2771	needed. The face amount of insurance covered by any such policy
2772	shall not exceed $12,500 $7,500.
2773	Section 47.  Sections 497.275, 497.388, and 497.556,
2774	Florida Statutes, are repealed.
2775	Section 48.  This act shall take effect October 1, 2005.

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