HB 0529

CS

CHAMBER ACTION

1	The Criminal Justice Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to funeral and cemetery industry
7	regulation; amending s. 316.1974, F.S.; authorizing the
8	use of purple lights on certain funeral escort vehicles
9	and funeral lead vehicles; amending s. 497.005, F.S.;
10	revising definitions; amending s. 497.101, F.S.;
11	clarifying eligibility for Board of Funeral, Cemetery, and
12	Consumer Services membership; requiring the Department of
13	Financial Services to adopt rules regarding application
14	for board membership; amending s. 497.103, F.S.; revising
15	authority of the department to take emergency action;
16	limiting the authority of the Chief Financial Officer;
17	amending s. 497.140, F.S.; revising the time period for
18	board reaction to department revenue projections;
19	providing for future termination of certain assessments;
20	providing for delinquency fees to be charged and collected
21	from certain licensees; providing a default delinquency
22	fee; amending s. 497.141, F.S.; requiring licensure
23	applications to include tax identification numbers of
24	applicants that are not natural persons; authorizing the
25	licensing authority to require certain applicants to
26	provide a photograph; clarifying when licenses may be
27	issued to entities and to natural persons; clarifying the
28	types of entities to which licenses may be issued;
29	providing signature requirements; authorizing the
30	licensing authority to adopt rules; restricting assignment
31	or transfer of licenses; amending s. 497.142, F.S.;
32	revising fingerprinting requirements; clarifying
33	requirements as to disclosure of previous criminal
34	records; revising which members of an entity applying for
35	licensure are required to disclose their criminal records;
36	providing for waiver of the fingerprint requirements in
37	certain circumstances; providing for the cost for
38	fingerprinting processing; amending s. 497.143, F.S.;
39	prohibiting preneed sales under a limited license;
40	amending s. 497.144, F.S.; requiring a challenger to pay
41	the costs for failure to appear at a challenge hearing;
42	amending s. 497.147, F.S.; revising provisions relating to
43	the licensing authority's rules regulating prelicensure
44	training and continuing education providers; amending s.
45	497.149, F.S.; revising terminology; amending s. 497.151,
46	F.S.; revising applicability; specifying what is not
47	deemed to be a complaint; amending s. 497.152, F.S.;
48	revising disciplinary provisions; revising certain grounds
49	for disciplinary action; specifying what is not deemed to
50	be a complaint; authorizing the board to adopt rules
51	providing criteria for identifying minor and nonwillful
52	remittance deficiencies; amending s. 497.153, F.S.;
53	providing for the use of consent orders in certain
54	circumstances; amending s. 497.158, F.S.; revising fine
55	amounts; amending s. 497.159, F.S.; revising provisions
56	relating to criminal penalties for violations involving
57	prelicensure examinations, willful obstruction, and trust
58	funds and other specified violations; revising what
59	constitutes improper discrimination; amending s. 497.161,
60	F.S.; removing a provision allowing board members to serve
61	as experts in investigations; specifying standing of
62	licensees to challenge rules; amending s. 497.165, F.S.;
63	stipulating that intentional or gross negligence renders
64	owners, directors, and officers jointly and severally
65	liable for certain trust fund deficiencies; amending s.
66	497.166, F.S.; specifying who may act as a preneed sales
67	agent; providing responsibility of certain licensees;
68	amending s. 497.169, F.S.; revising provisions for award
69	of attorney's fees and costs in certain actions; creating
70	s. 497.171, F.S.; providing requirements for the
71	identification of human remains; amending s. 497.260,
72	F.S.; revising what constitutes improper discrimination by
73	cemeteries; amending s. 497.263, F.S.; revising the
74	applicability of certain application procedures for
75	licensure of cemetery companies; amending s. 497.264,
76	F.S.; revising requirements relating to applicants seeking
77	to acquire control of a licensed cemetery; amending s.
78	497.281, F.S.; revising requirements for licensure of
79	burial rights brokers; amending s. 497.365, F.S.;
80	requiring the board to adopt rules prescribing application
81	and renewal fees for inactive status, a delinquency fee,
82	and a fee for reactivation of a license; providing a cap
83	on such fees; providing a limitation on the department's
84	ability to reactivate a license; amending s. 497.368,
85	F.S.; revising grounds for issuance of licensure as an
86	embalmer by examination; amending s. 497.369, F.S.;
87	revising grounds for issuance of licensure as an embalmer
88	by endorsement; amending s. 497.373, F.S.; revising
89	grounds for issuance of licensure as a funeral director by
90	examination; amending s. 497.374, F.S.; revising grounds
91	for issuance of licensure as a funeral director by
92	endorsement; amending s. 497.376, F.S.; revising authority
93	to issue a combination license as a funeral director and
94	embalmer; authorizing the licensing authority to establish
95	certain rules; amending s. 497.378, F.S.; raising the cap
96	on funeral director and embalmer license renewal fees;
97	amending s. 497.380, F.S.; specifying requirements for
98	funeral establishment licensure applicants; raising the
99	cap on funeral establishment license renewal fees;
100	providing requirements for reporting a change in location
101	of the establishment; amending s. 497.385, F.S.; revising
102	application requirements for licensure of a removal
103	service or a refrigeration service; providing requirements
104	for change in location of removal services and
105	refrigeration services; deleting a provision exempting
106	centralized embalming facilities from certain funeral
107	establishment requirements; authorizing the licensing
108	authority to adopt certain rules for centralized embalming
109	facility operations; revising application requirements for
110	licensure of a centralized embalming facility; providing
111	for inspection of centralized embalming facilities;
112	providing for change in ownership and change in location
113	of centralized embalming facilities; amending s. 497.453,
114	F.S.; revising net worth requirements for preneed
115	licensure; specifying authority to accept certain
116	alternative evidence of financial responsibility in lieu
117	of net worth regarding preneed licensure applicants;
118	providing preneed license renewal fees for monument
119	establishments; revising grounds for issuance of a preneed
120	branch license; raising the cap on branch license renewal
121	fees; deleting a provision exempting sponsoring preneed
122	licensees from responsibility for certain violations of
123	branch licensees; amending s. 497.456, F.S.; revising use
124	of the Preneed Funeral Contract Consumer Protection Trust
125	Fund by the licensing authority; amending s. 497.458,
126	F.S.; revising requirements to loan or invest trust funds;
127	amending s. 497.466, F.S.; revising general provisions
128	applicable to preneed sales agents; revising requirements
129	and application procedures for preneed sales agent
130	licensure; providing requirements for the issuance of a
131	temporary preneed sales agent license; providing
132	requirements for the conversion of temporary preneed sales
133	agent licenses to permanent preneed sales agent licenses;
134	providing requirements for applicants with a criminal or
135	disciplinary record; providing for termination of a
136	permanent preneed sales agent license due to lack of
137	appointments; providing requirements for the appointment
138	of preneed sales agents; providing for administrative
139	matters regarding preneed sales agent licensure; creating
140	s. 497.468, F.S.; providing for disclosure of certain
141	information to the public; requiring the licensing
142	authority to establish rules relating to the manner in
143	which certain written contracts are provided; amending s.
144	497.550, F.S.; revising application procedures for
145	licensure as a monument establishment; requiring
146	inspection of proposed monument establishment facilities;
147	amending s. 497.551, F.S.; revising requirements for
148	renewal of monument establishment licensure; amending s.
149	497.552, F.S.; revising facility requirements for monument
150	establishments; amending s. 497.553, F.S.; requiring the
151	board to set an annual inspection fee for monument
152	establishment licensees; providing a cap for such fee;
153	providing requirements for change of ownership and
154	location of monument establishments; amending s. 497.554,
155	F.S.; revising application procedure and renewal
156	requirements for monument establishment sales
157	representatives; deferring application of section;
158	amending s. 497.555, F.S.; requiring monument
159	establishments to comply with rules establishing minimum
160	standards for access to cemeteries; amending s. 497.602,
161	F.S.; revising application procedures for direct disposer
162	licensure; amending s. 497.603, F.S.; raising the cap on
163	direct disposer license renewal fees; amending s. 497.604,
164	F.S.; revising provisions relating to direct disposal
165	establishment licensure and application for such
166	licensure; revising provisions relating to the regulation
167	of direct disposal establishments; amending s. 497.606,
168	F.S.; revising provisions relating to cinerator facility
169	licensure and application for such licensure; revising
170	provisions relating to the regulation of cinerator
171	facilities; amending s. 497.607, F.S.; providing that the
172	anatomical board at the University of Florida Health
173	Science Center is not prohibited from causing the final
174	disposition of unclaimed human remains under certain
175	circumstances; amending s. 152, ch. 2004-301, Laws of
176	Florida; specifying applicability of rules; amending s.
177	626.785, F.S.; revising a policy coverage limit; repealing
178	s. 497.275, F.S., relating to identification of human
179	remains in licensed cemeteries; repealing s. 497.388,
180	F.S., relating to identification of human remains;
181	repealing s. 497.556, F.S., relating to requirements
182	relating to monument establishments; providing an
183	effective date.
184
185	Be it enacted by the Legislature of the State of Florida:
186
187	Section 1.  Paragraph (a) of subsection (2) of section
188	316.1974, Florida Statutes, is amended to read:
189	316.1974  Funeral procession right-of-way and liability.--
190	(2)  EQUIPMENT.--
191	(a)  All non-law enforcement funeral escort vehicles and
192	funeral lead vehicles shall be equipped with at least one
193	lighted circulation lamp exhibiting an amber or purple light or
194	lens visible under normal atmospheric conditions for a distance
195	of 500 feet from the front of the vehicle. Flashing amber or
196	purple lights may be used only when such vehicles are used in a
197	funeral procession.
198	Section 2.  Section 497.005, as amended by chapter 2004-
199	301, Laws of Florida, is amended to read:
200	497.005  Definitions.--As used in this chapter:
201	(1)  "Alternative container" means an unfinished wood box
202	or other a nonmetal receptacle or enclosure, without
203	ornamentation or a fixed interior lining, that is designed for
204	the encasement of human remains and that is made of fiberboard,
205	pressed wood, composition materials (with or without an outside
206	covering), or like materials which is less expensive than a
207	casket and of sufficient strength to be used to hold and
208	transport a dead human body.
209	(2)  "At-need solicitation" means any uninvited contact by
210	a licensee or her or his agent for the purpose of the sale of
211	burial services or merchandise to the family or next of kin of a
212	person after her or his death has occurred.
213	(3)  "Bank of belowground crypts" means any construction
214	unit of belowground crypts that which is acceptable to the
215	department and that which a cemetery uses to initiate its
216	belowground crypt program or to add to existing belowground
217	crypt structures.
218	(4)  "Belowground crypts" consist of interment space in
219	preplaced chambers, either side by side or multiple depth,
220	covered by earth and sod and known also as "lawn crypts,"
221	"westminsters," or "turf-top crypts."
222	(5)  "Board" means the Board of Funeral, Cemetery, and
223	Consumer Services.
224	(6)  "Body parts" means:
225	(a)  Limbs or other portions of the anatomy which are
226	removed from a person or human remains for medical purposes
227	during treatment, surgery, biopsy, autopsy, or medical research;
228	or
229	(b)  Human bodies or any portions of human bodies which
230	have been donated to science for medical research purposes.
231	(6)(7)  "Burial merchandise," "funeral merchandise," or
232	"merchandise" means any personal property offered or sold by any
233	person for use in connection with the final disposition,
234	memorialization, interment, entombment, or inurnment of human
235	remains or cremated remains, including, but not limited to,
236	caskets, outer burial containers, alternative containers,
237	cremation containers, cremation interment containers, urns,
238	monuments, private mausoleums, flowers, benches, vases,
239	acknowledgment cards, register books, memory folders, prayer
240	cards, and clothing.
241	(7)(8)  "Burial right" means the right to use a grave
242	space, mausoleum, columbarium, ossuary, or scattering garden for
243	the interment, entombment, inurnment, or other disposition of
244	human remains or cremated remains.
245	(8)(9)  "Burial service," "funeral service," "funeral," or
246	"service" means any service offered or provided by any person in
247	connection with the final disposition, memorialization,
248	interment, entombment, or inurnment of human remains or cremated
249	remains.
250	(9)(10)  "Care and maintenance" means the perpetual process
251	of keeping a cemetery and its lots, graves, grounds,
252	landscaping, roads, paths, parking lots, fences, mausoleums,
253	columbaria, vaults, crypts, utilities, and other improvements,
254	structures, and embellishments in a well-cared-for and dignified
255	condition, so that the cemetery does not become a nuisance or
256	place of reproach and desolation in the community. As specified
257	in the rules of the licensing authority, "care and maintenance"
258	may include, but is not limited to, any or all of the following
259	activities: mowing the grass at reasonable intervals; raking and
260	cleaning the grave spaces and adjacent areas; pruning of shrubs
261	and trees; suppression of weeds and exotic flora; and
262	maintenance, upkeep, and repair of drains, water lines, roads,
263	buildings, and other improvements. "Care and maintenance" may
264	include, but is not limited to, reasonable overhead expenses
265	necessary for such purposes, including maintenance of machinery,
266	tools, and equipment used for such purposes. "Care and
267	maintenance" may also include repair or restoration of
268	improvements necessary or desirable as a result of wear,
269	deterioration, accident, damage, or destruction. "Care and
270	maintenance" does not include expenses for the construction and
271	development of new grave spaces or interment structures to be
272	sold to the public.
273	(10)(11)  "Casket" means a rigid container that which is
274	designed for the encasement of human remains and that which is
275	usually constructed of wood or metal, ornamented, and lined with
276	fabric.
277	(11)(12)  "Cemetery" means a place dedicated to and used or
278	intended to be used for the permanent interment of human remains
279	or cremated remains. A cemetery may contain land or earth
280	interment; mausoleum, vault, or crypt interment; a columbarium,
281	ossuary, scattering garden, or other structure or place used or
282	intended to be used for the interment or disposition of cremated
283	remains; or any combination of one or more of such structures or
284	places.
285	(12)(13)  "Cemetery company" means any legal entity that
286	owns or controls cemetery lands or property.
287	(13)(14)  "Centralized embalming facility" means a
288	facility, not physically connected with a funeral establishment,
289	in which embalming takes place that operates independently of a
290	funeral establishment licensee and that offers embalming
291	services to funeral directors for a fee.
292	(14)(15)  "Cinerator" means a facility where dead human
293	bodies are subjected to cremation. reduced to a residue,
294	including bone fragments, by direct flame, also known as
295	"cremation," or by intense heat, also known as "calcination."
296	(15)(16)  "Closed container" means any container in which
297	cremated remains can be placed and closed in a manner so as to
298	prevent leakage or spillage of the remains.
299	(16)(17)  "Columbarium" means a structure or building that
300	which is substantially exposed above the ground and that which
301	is intended to be used for the inurnment of cremated remains.
302	(17)(18)  "Common business enterprise" means a group of two
303	or more business entities that share common ownership in excess
304	of 50 percent.
305	(18)(19)  "Control" means the possession, directly or
306	indirectly, through the ownership of voting shares, by contract,
307	arrangement, understanding, relationship, or otherwise, of the
308	power to direct or cause the direction of the management and
309	policies of a person or entity. However, a person or entity
310	shall not be deemed to have control if the person or entity
311	holds voting shares, in good faith and not for the purpose of
312	circumventing this definition, as an agent, bank, broker,
313	nominee, custodian, or trustee for one or more beneficial owners
314	who do not individually or as a group have control.
315	(19)(20)  "Cremated remains" means all the remains of the
316	human body recovered after the completion of the cremation
317	process, including processing or pulverization that which leaves
318	only bone fragments reduced to unidentifiable dimensions and may
319	include the residue of any foreign matter, including casket
320	material, bridgework, or eyeglasses that were cremated with the
321	human remains.
322	(20)(21)  "Cremation" means any mechanical or thermal
323	process whereby a dead human body is reduced to ashes and bone
324	fragments. Cremation also includes any other mechanical or
325	thermal process whereby human remains are pulverized, burned,
326	recremated, or otherwise further reduced in size or quantity the
327	technical process, using direct flame and heat or chemical
328	means, which reduces human remains to bone fragments through
329	heat and evaporation. Cremation includes the processing and
330	usually includes the pulverization of the bone fragments.
331	(21)(22)  "Cremation chamber" means the enclosed space
332	within which the cremation process takes place. Cremation
333	chambers covered by these procedures shall must be used
334	exclusively for the cremation of human remains.
335	(22)(23)  "Cremation container" means the casket or
336	alternative container in which the human remains are transported
337	to and placed in the cremation chamber for a cremation. A
338	cremation container should meet substantially all of the
339	following standards:
340	(a)  Be composed of readily combustible materials suitable
341	for cremation.
342	(b)  Be able to be closed in order to provide a complete
343	covering for the human remains.
344	(c)  Be resistant to leakage or spillage.
345	(d)  Be rigid enough to be handled with ease.
346	(e)  Be able to provide protection for the health, safety,
347	and personal integrity of crematory personnel.
348	(23)(24)  "Cremation interment container" means a rigid
349	outer container that, subject to a cemetery's rules and
350	regulations, is composed of concrete, steel, fiberglass, or some
351	similar material in which an urn is placed prior to being
352	interred in the ground and that is designed to support the earth
353	above the urn.
354	(24)(25)  "Department" means the Department of Financial
355	Services.
356	(25)(26)  "Direct disposal establishment" means a facility
357	licensed under this chapter where a direct disposer practices
358	direct disposition.
359	(26)(27)  "Direct disposer" means any person licensed under
360	this chapter to practice direct disposition in this state.
361	(27)(28)  "Director" means the director of the Division of
362	Funeral, Cemetery, and Consumer Services.
363	(28)(29)  "Disinterment" means removal of a dead human body
364	from earth interment or aboveground interment.
365	(29)(30)  "Division" means the Division of Funeral,
366	Cemetery, and Consumer Services within the Department of
367	Financial Services.
368	(30)(31)  "Embalmer" means any person licensed under this
369	chapter to practice embalming in this state.
370	(31)(32)  "Final disposition" means the final disposal of a
371	dead human body by earth interment, aboveground interment,
372	cremation, burial at sea, or delivery to a medical institution
373	for lawful dissection if the medical institution assumes
374	responsibility for disposal. "Final disposition" does not
375	include the disposal or distribution of cremated remains ashes
376	and residue of cremated remains.
377	(33)  "Funeral" or "funeral service" means the observances,
378	services, or ceremonies held to commemorate the life of a
379	specific deceased human being and at which the human remains are
380	present.
381	(32)(34)  "Funeral director" means any person licensed
382	under this chapter to practice funeral directing in this state.
383	(33)(35)  "Funeral establishment" means a facility licensed
384	under this chapter where a funeral director or embalmer
385	practices funeral directing or embalming.
386	(36)  "Funeral merchandise" or "merchandise" means any
387	merchandise commonly sold in connection with the funeral, final
388	disposition, or memorialization of human remains, including, but
389	not limited to, caskets, outer burial containers, alternative
390	containers, cremation containers, cremation interment
391	containers, urns, monuments, private mausoleums, flowers,
392	benches, vases, acknowledgment cards, register books, memory
393	folders, prayer cards, and clothing.
394	(34)(37)  "Grave space" means a space of ground in a
395	cemetery intended to be used for the interment in the ground of
396	human remains.
397	(35)(38)  "Human remains" or "remains," or "dead human
398	body" or "dead human bodies," means the body of a deceased human
399	person for which a death certificate or fetal death certificate
400	is required under chapter 382 and includes the body in any stage
401	of decomposition and the residue of cremated human bodies.
402	(36)(39)  "Legally authorized person" means, in the
403	priority listed, the decedent, when written inter vivos
404	authorizations and directions are provided by the decedent; the
405	surviving spouse, unless the spouse has been arrested for
406	committing against the deceased an act of domestic violence as
407	defined in s. 741.28 that which resulted in or contributed to
408	the death of the deceased; a son or daughter who is 18 years of
409	age or older; a parent; a brother or sister who is 18 years of
410	age or older; a grandchild who is 18 years of age or older; a
411	grandparent; or any person in the next degree of kinship. In
412	addition, the term may include, if no family member exists or is
413	available, the guardian of the dead person at the time of death;
414	the personal representative of the deceased; the attorney in
415	fact of the dead person at the time of death; the health
416	surrogate of the dead person at the time of death; a public
417	health officer; the medical examiner, county commission, or
418	administrator acting under part II of chapter 406 or other
419	public administrator; a representative of a nursing home or
420	other health care institution in charge of final disposition; or
421	a friend or other person not listed in this subsection who is
422	willing to assume the responsibility as the legally authorized
423	person. Where there is a person in any priority class listed in
424	this subsection, the funeral establishment shall rely upon the
425	authorization of any one legally authorized person of that class
426	if that person individual represents that she or he is not aware
427	of any objection to the cremation of the deceased's human
428	remains by others in the same class of the person making the
429	representation or of any person in a higher priority class.
430	(37)(40)  "License" includes all authorizations required or
431	issued under this chapter, except where expressly indicated
432	otherwise, and shall be understood to include authorizations
433	previously referred to as registrations or certificates of
434	authority in chapters 470 and 497 as those chapters appeared in
435	the 2004 edition of the Florida Statutes.
436	(38)(41)  "Licensee" means the person or entity holding any
437	license or other authorization issued under this chapter, except
438	where expressly indicated otherwise.
439	(39)(42)  "Mausoleum" means a structure or building that
440	which is substantially exposed above the ground and that which
441	is intended to be used for the entombment of human remains.
442	(40)(43)  "Mausoleum section" means any construction unit
443	of a mausoleum that which is acceptable to the department and
444	that which a cemetery uses to initiate its mausoleum program or
445	to add to its existing mausoleum structures.
446	(41)(44)  "Monument" means any product used for identifying
447	a grave site and cemetery memorials of all types, including
448	monuments, markers, and vases.
449	(42)(45)  "Monument establishment" means a facility that
450	operates independently of a cemetery or funeral establishment
451	and that offers to sell monuments or monument services to the
452	public for placement in a cemetery.
453	(43)(46)  "Net assets" means the amount by which the total
454	assets of a licensee, excluding goodwill, franchises, customer
455	lists, patents, trademarks, and receivables from or advances to
456	officers, directors, employees, salespersons, and affiliated
457	companies, exceed total liabilities of the licensee. For
458	purposes of this definition, the term "total liabilities" does
459	not include the capital stock, paid-in capital, or retained
460	earnings of the licensee.
461	(44)(47)  "Net worth" means total assets minus total
462	liabilities pursuant to generally accepted accounting
463	principles.
464	(45)(48)  "Niche" means a compartment or cubicle for the
465	memorialization or permanent placement of a container or urn
466	containing cremated remains.
467	(46)(49)  "Ossuary" means a receptacle used for the
468	communal placement of cremated remains without benefit of an urn
469	or any other container in which cremated remains may be
470	commingled with other cremated remains and are nonrecoverable.
471	It may or may not include memorialization.
472	(47)(50)  "Outer burial container" means an enclosure into
473	which a casket is placed and includes, but is not limited to,
474	vaults made of concrete, steel, fiberglass, or copper; sectional
475	concrete enclosures; crypts; and wooden enclosures.
476	(48)(51)  "Person," when used without qualification such as
477	"natural" or "individual," includes both natural persons and
478	legal entities.
479	(49)(52)  "Personal residence" means any residential
480	building in which one temporarily or permanently maintains her
481	or his abode, including, but not limited to, an apartment or a
482	hotel, motel, nursing home, convalescent home, home for the
483	aged, or a public or private institution.
484	(50)(53)  "Practice of direct disposition" means the
485	cremation of human remains without preparation of the human
486	remains by embalming and without any attendant services or rites
487	such as funeral or graveside services or the making of
488	arrangements for such final disposition.
489	(51)(54)  "Practice of embalming" means disinfecting or
490	preserving or attempting to disinfect or preserve dead human
491	bodies by replacing certain body fluids with preserving and
492	disinfecting chemicals.
493	(52)(55)  "Practice of funeral directing" means the
494	performance by a licensed funeral director of any of those
495	functions authorized by s. 497.372.
496	(53)(56)  "Preneed contract" means any arrangement or
497	method, of which the provider of funeral merchandise or services
498	has actual knowledge, whereby any person agrees to furnish
499	funeral merchandise or service in the future.
500	(54)(57)  "Preneed sales agent" means any person who is
501	licensed under this chapter to sell preneed burial or funeral
502	service and merchandise contracts or direct disposition
503	contracts in this state.
504	(55)(58)  "Principal" means and includes the sole
505	proprietor of a sole proprietorship; all partners of a
506	partnership; all members of a limited liability company;
507	regarding a corporation, all directors and officers, and all
508	stockholders controlling more than 10 percent of the voting
509	stock; and all other persons who can exercise control over the
510	person or entity.
511	(56)(59)  "Processing" means the reduction of identifiable
512	bone fragments after the completion of the cremation process to
513	unidentifiable bone fragments by manual means.
514	(57)(60)  "Profession" and "occupation" are used
515	interchangeably in this chapter. The use of the word
516	"profession" in this chapter with respect to any activities
517	regulated under this chapter shall not be deemed to mean that
518	such activities are not occupations for other purposes in state
519	or federal law.
520	(58)(61)  "Pulverization" means the reduction of
521	identifiable bone fragments after the completion of the
522	cremation and processing to granulated particles by manual or
523	mechanical means.
524	(59)(62)  "Refrigeration facility" means a facility that is
525	operated independently of not physically connected with a
526	funeral establishment, crematory, or direct disposal
527	establishment, that maintains space and equipment for the
528	storage and refrigeration of dead human bodies, and that offers
529	its service to funeral directors, and funeral establishments,
530	direct disposers, direct disposal establishments, or crematories
531	for a fee.
532	(60)(63)  "Religious institution" means an organization
533	formed primarily for religious purposes that which has qualified
534	for exemption from federal income tax as an exempt organization
535	under the provisions of s. 501(c)(3) of the Internal Revenue
536	Code of 1986, as amended.
537	(61)(64)  "Removal service" means any service that operates
538	independently of a funeral establishment or a direct disposal
539	establishment, that handles the initial removal of dead human
540	bodies, and that offers its service to funeral establishments
541	and direct disposal establishments for a fee.
542	(62)(65)  "Rules" refers to rules adopted under this
543	chapter unless expressly indicated to the contrary.
544	(63)(66)  "Scattering garden" means a location set aside,
545	within a cemetery, that which is used for the spreading or
546	broadcasting of cremated remains that have been removed from
547	their container and can be mixed with or placed on top of the
548	soil or ground cover or buried in an underground receptacle on a
549	commingled basis and that are nonrecoverable. It may or may not
550	include memorialization.
551	(64)(67)  "Servicing agent" means any person acting as an
552	independent contractor whose fiduciary responsibility is to
553	assist both the trustee and licensee in administrating their
554	responsibilities pursuant to this chapter.
555	(65)(68)  "Solicitation" means any communication that which
556	directly or implicitly requests an immediate oral response from
557	the recipient.
558	(66)(69)  "Statutory accounting" means generally accepted
559	accounting principles, except as modified by this chapter.
560	(67)(70)  "Temporary container" means a receptacle for
561	cremated remains usually made of cardboard, plastic, or similar
562	material designated to hold the cremated remains until an urn or
563	other permanent container is acquired.
564	(68)(71)  "Urn" means a receptacle designed to permanently
565	encase cremated remains.
566	Section 3.  Subsection (2) of section 497.101, Florida
567	Statutes, as amended by chapter 2004-301, Laws of Florida, is
568	amended, and subsection (8) is added to said section, to read:
569	497.101  Board of Funeral, Cemetery, and Consumer Services;
570	membership; appointment; terms.--
571	(2)  Two members of the board shall must be funeral
572	directors licensed under part III of this chapter who are
573	associated with a funeral establishment. One member of the board
574	shall must be a funeral director licensed under part III of this
575	chapter who is associated with a funeral establishment licensed
576	under part III of this chapter that which has a valid preneed
577	license issued pursuant to this chapter and who owns or operates
578	a cinerator facility approved under chapter 403 and licensed
579	under part VI of this chapter. Two members of the board shall
580	must be persons whose primary occupation is associated with a
581	cemetery company licensed pursuant to this chapter. Three
582	members of the board shall must be consumers who are residents
583	of the state, have never been licensed as funeral directors or
584	embalmers, are not connected with a cemetery or cemetery company
585	licensed pursuant to this chapter, and are not connected with
586	the death care industry or the practice of embalming, funeral
587	directing, or direct disposition. One of the consumer members
588	shall must be at least 60 years of age, and one shall must be
589	licensed as a certified public accountant under chapter 473. One
590	member of the board shall must be a monument dealer licensed
591	under this chapter. One member shall must be the State Health
592	Officer or her or his designee. There shall not be two or more
593	board members who are principals or directors, employees,
594	partners, shareholders, or members of the same company or
595	partnership or group of companies or partnerships under common
596	control.
597	(8)  The department shall adopt rules establishing forms by
598	which persons may apply for membership on the board and
599	procedures for applying for such membership. Such forms shall
600	require disclosure of the existence and nature of all current
601	and past employments by or contracts with, and direct or
602	indirect affiliations or interests in, any entity or business
603	that at any time was licensed by the board or by the former
604	Board of Funeral and Cemetery Services or the former Board of
605	Funeral Directors and Embalmers or that is or was otherwise
606	involved in the death care industry, as specified by department
607	rule.
608	Section 4.  Paragraph (m) of subsection (2) of section
609	497.103, Florida Statutes, as amended by chapter 2004-301, Laws
610	of Florida, is amended, and paragraph (e) is added to subsection
611	(4) of said section, to read:
612	497.103  Rulemaking authority of board and department.--
613	(2)  DEPARTMENT AUTHORITY.--All authority provided by this
614	chapter and not expressly vested in the board by subsection (1)
615	is vested in the department, and the department shall be deemed
616	to be the licensing authority as to such matters. Without
617	limiting the generality of the foregoing vesting of authority in
618	the department, the authority provided by this chapter that
619	which is vested solely in the department includes:
620	(m)  Authority to take emergency action against any
621	licensee under this chapter, without prior consultation with the
622	board, when the department determines that there is an imminent
623	danger to the health, safety, or welfare of the citizens of the
624	state.
625	(4)  RECOMMENDATIONS BY THE CHIEF FINANCIAL OFFICER.--
626	(e)  The Chief Financial Officer shall have no authority by
627	recommendation or otherwise to set fees, rates, or prices to be
628	used by any licensee under this chapter, and notwithstanding the
629	provision of this subsection, no licensee under this chapter
630	shall in any event be required to set fees, rates, or prices in
631	accordance with any recommendation of the Chief Financial
632	Officer.
633	Section 5.  Paragraphs (b) and (c) of subsection (1) of
634	section 497.140, Florida Statutes, as renumbered and amended by
635	section 10 of chapter 2004-301, Laws of Florida, are amended,
636	and subsection (8) is added to said section, to read:
637	497.140  Fees.--
638	(1)
639	(b)  It is the legislative intent that the costs of
640	regulation under this chapter be provided for by fees collected
641	under this chapter. The board shall ensure that fees are
642	adequate to cover all anticipated costs of implementation of
643	this chapter. The department shall at least every other year
644	provide the board with estimates as to projected costs in
645	implementing this chapter and projected fee collections under
646	this chapter for the following 2 years, information as to
647	balances of regulatory trusts from fees collected, other
648	information that which the department deems material to the
649	setting of fees by the board at proper levels, and a department
650	recommendation as to action, if any, regarding changing fee
651	levels. The board shall review such information provided by the
652	department and increase or decrease make such changes in fees,
653	up or down, as the board determines appropriate. If sufficient
654	action is not taken by the board within 6 months 1 year after
655	notification by the department that fees are projected to be
656	inadequate, the department shall set fees on behalf of the board
657	to cover anticipated costs.
658	(c)  The board may from time to time by rule assess and
659	collect a one-time fee from each active and each voluntary
660	inactive licensee under this chapter in an amount necessary to
661	correct an inadequacy of fees received to implement regulation
662	required by this chapter, provided that no such assessments may
663	be made after October 1, 2007 more than one such assessment may
664	be made in any 4-year period without specific legislative
665	authorization.
666	(8)  A delinquency fee shall be charged and collected from
667	a licensee for the failure to timely renew a license issued
668	under this chapter. Where no specific delinquency fee is
669	specified in this chapter in relation to a particular category
670	of licensure under this chapter, the delinquency fee shall be
671	$50.
672	Section 6.  Subsection (2) of section 497.141, Florida
673	Statutes, as created by chapter 2004-301, Laws of Florida, is
674	amended, and subsection (12) is added to said section, to read:
675	497.141  Licensing; general application procedures.--
676	(2)  Any person desiring to be licensed shall apply to the
677	licensing authority in writing using such forms and procedures
678	as may be prescribed by rule. The application for licensure
679	shall include the applicant's social security number if the
680	applicant is a natural person; otherwise, the applicant's
681	federal tax identification number shall be included.
682	Notwithstanding any other provision of law, the department is
683	the sole authority for determining the forms and form contents
684	to be submitted for initial licensure and licensure renewal
685	application. Such forms and the information and materials
686	required by such forms may include, as appropriate,
687	demographics, education, work history, personal background,
688	criminal history, finances, business information, signature
689	notarization, performance periods, reciprocity, local government
690	approvals, supporting documentation, periodic reporting
691	requirements, fingerprint requirements, continuing education
692	requirements, business plans, character references, and ongoing
693	education monitoring. Such forms and the information and
694	materials required by such forms may also include, to the extent
695	such information or materials are not already in the possession
696	of the department or the board, records or information as to
697	complaints, inspections, investigations, discipline, and
698	bonding, and photographs. The application shall be supplemented
699	as needed to reflect any material change in any circumstance or
700	condition stated in the application that which takes place
701	between the initial filing of the application and the final
702	grant or denial of the license and that which might affect the
703	decision of the department or the board. After an application by
704	a natural person for licensure under this chapter is approved,
705	the licensing authority may require the successful applicant to
706	provide a photograph of himself or herself for permanent
707	lamination onto the license card to be issued to the applicant,
708	pursuant to rules and fees adopted by the licensing authority.
709	(12)(a)  The following licenses may only be applied for and
710	issued to a natural person:
711	1.  Embalmer apprentice.
712	2.  Embalmer intern.
713	3.  Funeral director intern.
714	4.  Funeral director.
715	5.  Funeral director and embalmer.
716	6.  Direct disposer.
717	7.  Monument establishment sales agent.
718	8.  Preneed sales agent.
719	(b)  The following licenses may be applied for and issued
720	to a natural person, a corporation, a limited liability company,
721	or a partnership:
722	1.  Funeral establishment.
723	2.  Centralized embalming facility.
724	3.  Refrigeration facility.
725	4.  Direct disposal establishment.
726	5.  Monument establishment.
727	6.  Cinerator facility.
728	7.  Removal service.
729	8.  Preneed sales business under s. 497.453.
730	(c)  A cemetery license may only be applied for and issued
731	to a corporation, partnership, or limited liability company.
732	(d)  No license shall be issued to any applicant that is a
733	corporation, limited liability company, or partnership unless
734	the applicant is organized and in good standing under the laws
735	of this state or another state of the United States and provides
736	written proof thereof issued by the applicable state office or
737	official in the state concerned. Each applicant that is a
738	corporation, limited liability company, or partnership shall
739	file with its application a written statement, signed by the
740	same person who signs the application, identifying by name and
741	business functional title the following persons, as applicable
742	to the type of entity applying: officers, managers, managing
743	members, partners, general partners, limited partners, managing
744	partners, directors, all stockholders controlling more than 10
745	percent of the voting stock, and all other persons who may
746	exercise control over the applicant. The licensing authority may
747	require the filing of the applicant's articles of incorporation
748	or other organizational documents and a resume concerning any
749	person identified in this paragraph.
750	(e)  All applications shall be signed by the applicant.
751	Signatures of the applicant shall be as follows:
752	1.  Where the applicant is a natural person, the
753	application shall be signed by the applicant.
754	2.  Where the applicant is a corporation, the application
755	shall be signed by the corporation's president.
756	3.  Where the applicant is a partnership, the application
757	shall be signed by a partner, who shall provide proof
758	satisfactory to the licensing authority of that partner's
759	authority to sign on behalf of the partnership.
760	4.  Where the applicant is a limited liability company, the
761	application shall be signed by a member of the company, who
762	shall provide proof satisfactory to the licensing authority of
763	that member's authority to sign on behalf of the company.
764	(f)  The licensing authority may adopt rules for the
765	implementation of this section, including required procedures
766	and forms.
767	(g)  No license regulated under this chapter is assignable
768	or transferable except as provided in this chapter.
769	Section 7.  Section 497.142, Florida Statutes, as created
770	by chapter 2004-301, Laws of Florida, is amended to read:
771	497.142  Licensing; fingerprinting and criminal background
772	checks.--
773	(1)  In any instance that this chapter requires submission
774	of fingerprints in connection with an application for license,
775	the provisions of this section shall apply.
776	(2)  The fingerprints shall must be taken by a law
777	enforcement agency or other agency or entity approved by the
778	department and in such a way as to allow their use to obtain a
779	criminal history check through the Department of Law
780	Enforcement.
781	(3)  The department shall submit the fingerprints to or
782	cause them to be submitted to the Department of Law Enforcement
783	for the purpose of ascertaining whether the person fingerprinted
784	has a criminal history in any state or before the Federal
785	Government and, if so, the nature of the criminal history.
786	(4)  The Department of Law Enforcement may accept
787	fingerprints of any applicant under this chapter, any principal
788	of any such applicant, and any other person who is examined or
789	investigated or who is subject to examination or investigation
790	under the provisions of this chapter.
791	(5)  The Department of Law Enforcement may, to the extent
792	provided for by federal law, exchange state, multistate, and
793	federal criminal history records with the department and the
794	board for the purpose of the issuance, denial, suspension, or
795	revocation of any license or other application under this
796	chapter.
797	(6)  The Department of Law Enforcement may accept
798	fingerprints of any other person required by statute or rule to
799	submit fingerprints to the department or board or any applicant
800	or licensee regulated by the department or board who is required
801	to demonstrate that she or he has not been convicted of or pled
802	guilty or nolo contendere to a felony or a misdemeanor.
803	(6)(7)  The Department of Law Enforcement shall, upon
804	receipt of fingerprints from the department, submit the
805	fingerprints to the Federal Bureau of Investigation to check
806	federal criminal history records.
807	(7)(8)  Statewide criminal records obtained through the
808	Department of Law Enforcement, federal criminal records obtained
809	through the Federal Bureau of Investigation, and local criminal
810	records obtained through local law enforcement agencies shall be
811	used by the department and board for the purpose of issuance,
812	denial, suspension, or revocation of certificates of authority,
813	certifications, or licenses issued to operate in this state.
814	(8)(9)  For the purposes of criminal background checks,
815	applicants and principals of applicants for any approval or
816	license under this chapter may be required to disclose whether
817	they have ever had their name legally changed and any prior name
818	or names they have used.
819	(9)(10)  If any applicant under this chapter has been,
820	within the 10 years preceding the application under this
821	chapter, convicted or found guilty of, or entered a plea of nolo
822	contendere to, regardless of adjudication, any crime in any
823	jurisdiction, the application shall not be deemed complete until
824	such time as the applicant provides such certified true copies
825	of the court records evidencing the conviction, finding, or
826	plea, as the licensing authority may by rule require.
827	(10)(a)  When applying for any license under this chapter,
828	every applicant shall be required to disclose the applicant's
829	criminal records in accordance with this subsection.
830	(b)  The criminal record required to be disclosed shall be
831	any crime listed in paragraph (c) of which the person or entity
832	required to make disclosure has been convicted or to which that
833	person or entity entered a plea in the nature of no contest.
834	Disclosure shall be required pursuant to this subsection
835	regardless of whether adjudication was entered or withheld by
836	the court in which the case was prosecuted.
837	(c)  Crimes to be disclosed are:
838	1.  Any felony or misdemeanor, no matter when committed,
839	that was directly or indirectly related to or involving any
840	aspect of the practice or business of funeral directing,
841	embalming, direct disposition, cremation, funeral or cemetery
842	preneed sales, funeral establishment operations, cemetery
843	operations, or cemetery monument or marker sales or
844	installation.
845	2.  Any other felony not already disclosed under
846	subparagraph 1. that was committed within the 20 years
847	immediately preceding the application under this chapter.
848	3.  Any other misdemeanor not already disclosed under
849	subparagraph 1. that was committed within the 5 years
850	immediately preceding the application under this chapter.
851	(d)  Criminal records subject to paragraphs (b) and (c)
852	shall be disclosed regardless of whether the criminal conduct
853	occurred inside or outside the state and regardless of whether
854	the criminal prosecution occurred in state court or in the court
855	of another state, the United States, or a foreign country. As to
856	crimes prosecuted in courts other than the courts of this state,
857	the designation of the crime as a felony or misdemeanor by the
858	law of the jurisdiction prosecuting the crime shall control. If
859	the prosecuting jurisdiction does not use the term "felony" or
860	"misdemeanor" in classifying the crime, the crime shall be
861	deemed a felony for purposes of this subsection if punishable
862	under the law of the prosecuting jurisdiction by a term of
863	imprisonment in excess of 1 year; otherwise, the crime shall be
864	classified as a misdemeanor for purposes of this subsection.
865	Excessive speed in the operation of a motor vehicle and other
866	noncriminal traffic infractions are not required to be reported
867	under this section.
868	(e)  For purposes of this subsection, the persons required
869	to make disclosure of their criminal records in relation to an
870	application shall be as follows:
871	1.  Where the applicant is a natural person, only the
872	natural person making application has the duty to disclose.
873	2.  Where the applicant is a corporation, all officers and
874	directors of that corporation have the duty to disclose.
875	3.  Where the applicant is a limited liability company, all
876	managers and members of the limited liability company have the
877	duty to disclose.
878	4.  Where the applicant is a partnership, all partners have
879	the duty to disclose.
880	5.  Where the applicant is required by this chapter to
881	identify in the application the individual licensee under this
882	chapter who will be in charge of the applicant, the identified
883	individual licensee in charge, in addition to the applicant,
884	shall make disclosure of criminal records as part of the
885	application.
886	(f)  In addition to persons identified in paragraph (e) as
887	being required to provide a criminal history in relation to an
888	application for licensure, the department may, during its
889	prelicensing investigation of the applicant pursuant to
890	subsection (3), on a case-by-case basis, require disclosure of
891	criminal records from any other employee or principal of the
892	applicant if the department has grounds to believe that such
893	employee or principal has committed any crime and that such
894	employee's or principal's relationship to the applicant may
895	render the applicant a danger to the public if the license
896	applied for is issued.
897	(g)  The licensing authority may adopt rules specifying
898	forms and procedures to be utilized by persons required to
899	disclose criminal records under this subsection. The licensing
900	authority may conduct investigation and further inquiry of any
901	person regarding any criminal record disclosed pursuant to this
902	section.
903	(11)(a)  When an applicant is required by this chapter to
904	submit fingerprints in applying for a license, the following
905	persons shall be required to submit such fingerprints:
906	1.  Where the applicant is a natural person, the
907	fingerprints of the natural person making application.
908	2.  Where the applicant is a corporation, the fingerprints
909	of the persons serving in the following capacities: chief
910	executive officer and president, or both persons if the
911	positions are filled by different persons; chief financial
912	officer; chief of operations; general counsel if a corporation
913	employee; and members of the board.
914	3.  Where the applicant is a limited liability company, the
915	fingerprints of all managers and members of the limited
916	liability company.
917	4.  Where the applicant is a partnership, the fingerprints
918	of all partners.
919	(b)  In addition to persons identified in paragraph (a) as
920	being required to provide fingerprints, the department may,
921	during its prelicensing investigation of the applicant pursuant
922	to subsection (3), on a case-by-case basis, require fingerprints
923	from any other employee of the applicant if the department has
924	grounds to believe that any such employee may have committed any
925	crime and that such employee's relationship to the applicant may
926	render the applicant a danger to the public if the license
927	applied for is issued.
928	(12)  The licensing authority may by rule establish forms,
929	procedures, and fees for the submission and processing of
930	fingerprints required to be submitted in accordance with this
931	chapter. The licensing authority may by rule waive the
932	requirement for submission of fingerprints otherwise required by
933	this chapter if the person has within the preceding 24 months
934	submitted fingerprints to the licensing authority and the
935	licensing authority has obtained a criminal history report
936	utilizing those prior fingerprints. The cost for the fingerprint
937	processing shall be paid to the Department of Law Enforcement
938	and may be borne by the Department of Financial Services, the
939	employer, or the person subject to the background check.
940	Section 8.  Subsection (2) of section 497.143, Florida
941	Statutes, as created by chapter 2004-301, Laws of Florida, is
942	amended to read:
943	497.143  Licensing; limited licenses for retired
944	professionals.--
945	(2)  Any person desiring to obtain a limited license, when
946	permitted by rule, shall submit to the department an application
947	and fee, not to exceed $300, and an affidavit stating that the
948	applicant has been licensed to practice in any jurisdiction in
949	the United States for at least 10 years in the profession for
950	which the applicant seeks a limited license. The affidavit shall
951	also state that the applicant has retired or intends to retire
952	from the practice of that profession and intends to practice
953	only pursuant to the restrictions of the limited license granted
954	pursuant to this section. If the applicant for a limited license
955	submits a notarized statement from the employer stating that the
956	applicant will not receive monetary compensation for any service
957	involving the practice of her or his profession, the application
958	and all licensure fees shall be waived. In no event may a person
959	holding a limited license under this section engage in preneed
960	sales under such limited license.
961	Section 9.  Subsection (13) of section 497.144, Florida
962	Statutes, as created by chapter 2004-301, Laws of Florida, is
963	amended to read:
964	497.144  Licensing; examinations, general provisions.--
965	(13)  When any licensed applicant under this chapter
966	requests a hearing to challenge a decision that the applicant's
967	answer to any licensure test question was not a correct answer,
968	or to seek a determination that a challenged question should be
969	stricken, unless the an applicant notifies the department at
970	least 5 days prior to the an examination hearing of the
971	applicant's inability to attend or unless the an applicant can
972	demonstrate an extreme emergency for failing to attend, the
973	department may require the an applicant who fails to attend to
974	pay reasonable attorney's fees, costs, and court costs of the
975	department for the examination hearing.
976	Section 10.  Paragraph (b) of subsection (4) of section
977	497.147, Florida Statutes, as created by chapter 2004-301, Laws
978	of Florida, is amended to read:
979	497.147  Continuing education; general provisions.--
980	(4)  The licensing authority is authorized to adopt rules
981	to implement requirements regarding prelicensure training and
982	continuing education requirements under this chapter. Persons
983	providing prelicensure training or continuing education for
984	credit against the requirements of this chapter are hereinafter
985	referred to as "providers."
986	(b)  The rules may establish conditions and requirements
987	applicable to providers, including, but not limited to:
988	1.  Periodic submission by the provider to the licensing
989	authority of information and documentation as to course
990	materials, class locations and schedules, names of scheduled
991	instructors, resumes of instructors, and descriptions of
992	facilities.
993	2.  Requirements for periodic reporting by the provider to
994	the licensing authority of information concerning enrollment,
995	attendance, and status of persons enrolled for credit under this
996	chapter.
997	3.  Requirements for inspection by the licensing authority
998	of records of the provider related to training or continuing
999	education of applicants and licensees under this chapter.
1000	4.  Requirements for announced or unannounced attendance by
1001	department staff or board members at scheduled classes or
1002	training, for the purpose of ensuring that the training meets
1003	the requirements of this chapter and rules adopted under this
1004	chapter.
1005	5.  Requirements for written contracts or agreements
1006	required to be entered into by providers with the licensing
1007	authority as a prerequisite to acceptance of training or
1008	continuing education provided by such provider for credit under
1009	this chapter.
1010	5.6.  Requirements regarding retention of records by the
1011	provider regarding training or continuing education for which
1012	credit has been given to any licensee under this chapter.
1013	6.7.  Procedures and criteria for terminating the status of
1014	any provider as an approved source of training or continuing
1015	education for credit under this chapter.
1016	7.8.  Requirements for fees to accompany applications from
1017	providers for approval or renewal of approval as a provider, not
1018	to exceed $250 per year. The rules may exempt nonprofit entities
1019	from such fees.
1020	Section 11.  Paragraph (c) of subsection (1) of section
1021	497.149, Florida Statutes, as created by chapter 2004-301, Laws
1022	of Florida, is amended to read:
1023	497.149  Investigations, hearings, and inspections.--
1024	(1)  INVESTIGATIONS.--Investigations shall be conducted by
1025	the department. The following provisions shall apply concerning
1026	investigations:
1027	(c)  If the department finds any accounts or records of a
1028	licensee required by this chapter to be created and maintained
1029	by the licensee to be inadequate or inadequately kept or posted,
1030	it may employ experts to reconstruct, rewrite, post, or balance
1031	them at the expense of the person being investigated, provided
1032	the person has failed to maintain, complete, or correct such
1033	records or accounting after the department has given the
1034	licensee her or him notice and a reasonable opportunity to do
1035	so.
1036	Section 12.  Subsection (1) of section 497.151, Florida
1037	Statutes, as created by chapter 2004-301, Laws of Florida, is
1038	amended, and subsection (4) is added to said section, to read:
1039	497.151  Complaints; logs; procedures.--
1040	(1)  This section shall be applicable to all entities
1041	licensed under this chapter licensees under this chapter except
1042	preneed sales agent licensees.
1043	(4)  For purposes of this section, the response of a
1044	customer recorded by the customer on a customer satisfaction
1045	questionnaire or survey form sent to the customer by the
1046	licensee, and returned by the customer to the licensee, shall
1047	not be deemed to be a complaint.
1048	Section 13.  Section 497.152, Florida Statutes, as created
1049	by chapter 2004-301, Laws of Florida, is amended to read:
1050	497.152  Disciplinary grounds.--This section sets forth
1051	conduct that which is prohibited and that which shall constitute
1052	grounds for denial of any application, imposition of discipline,
1053	or and other enforcement action against the licensee or other
1054	person committing such conduct. For purposes of this section,
1055	the requirements of this chapter include the requirements of
1056	rules adopted under authority of this chapter. No subsection
1057	heading in this section shall be interpreted as limiting the
1058	applicability of any paragraph within the subsection.
1059	(1)  GENERAL PROVISIONS.--The generality of the provisions
1060	of this subsection shall not be deemed to be limited by the
1061	provisions of any other subsection.
1062	(a)  Violating any provision of this chapter or any lawful
1063	order of the board or department or of the statutory
1064	predecessors to the board or department.
1065	(b)  Committing fraud, deceit, negligence, incompetency, or
1066	misconduct in the practice of any of the activities regulated
1067	under this chapter.
1068	(c)  Failing while holding a license under this chapter to
1069	maintain one or more of the qualifications for such license.
1070	(d)  Refusing to sell or issue a contract or provide
1071	services to any person because of the person's race, color,
1072	creed, marital status, sex, or national origin.
1073	(2)  CRIMINAL ACTIVITY.--Being convicted or found guilty
1074	of, or entering a plea of nolo contendere to, regardless of
1075	adjudication, a crime in any jurisdiction that which relates to
1076	the practice of, or the ability to practice, a licensee's
1077	profession or occupation under this chapter.
1078	(3)  DISCIPLINARY ACTION BY OTHER AUTHORITIES.--Having a
1079	license or the authority to practice a profession or occupation
1080	revoked, suspended, fined, denied, or otherwise acted against or
1081	disciplined by the licensing authority of another any
1082	jurisdiction, including its agencies or subdivisions, for
1083	conduct that would constitute a violation of this chapter if
1084	committed in this state or upon grounds that which directly
1085	relate to the ability to practice under this chapter. The
1086	licensing authority's acceptance of a relinquishment of
1087	licensure, stipulation, consent order, or other settlement
1088	offered in response to or in anticipation of the filing of
1089	charges against the license shall be construed as action against
1090	the license.
1091	(4)  OBLIGATIONS TO REGULATORS AND OTHER GOVERNMENT
1092	AGENCIES.--
1093	(a)  Improperly interfering with an investigation or
1094	inspection authorized by statute or with any disciplinary
1095	proceeding.
1096	(b)  Failure to comply with a lawfully issued subpoena of
1097	the department.
1098	(c)  Refusal to produce records to the department or board
1099	in connection with any activity regulated pursuant to this
1100	chapter.
1101	(d)  Failing to report to the department any violation of
1102	this chapter by another person, which violation is known to the
1103	licensee to have created or be creating a serious and immediate
1104	danger to the public health, safety, or welfare person who the
1105	licensee knows is in violation of this chapter.
1106	(e)  Knowingly concealing information relative to
1107	violations of this chapter.
1108	(f)  Attempting to obtain, obtaining, or renewing a license
1109	under this chapter by bribery, false or forged evidence, or
1110	misrepresentation or through an error of the department or board
1111	known to the applicant.
1112	(g)  Making or filing a report or statement to or with any
1113	government entity that which the licensee knows or has reason to
1114	know to be false; or intentionally or negligently failing to
1115	file a report or record required to be filed with any government
1116	entity, or willfully impeding or obstructing another person to
1117	do so, or inducing another person to impede or obstruct such
1118	filing.
1119	(h)  Failing to perform any statutory or legal obligation
1120	placed upon a licensee.
1121	(5)  LIMITATIONS ON SCOPE OF PRACTICE; UNLICENSED
1122	PRACTICE.--
1123	(a)  Practicing or offering to practice beyond the scope
1124	permitted by this chapter and rules adopted under this chapter
1125	for the type of licensure held or accepting and performing
1126	professional responsibilities the licensee knows, or has reason
1127	to know, the licensee is not competent to perform.
1128	(b)  Practicing or attempting to practice with a revoked,
1129	suspended, inactive, or delinquent license.
1130	(c)  Representing as her or his own the license of another.
1131	(d)  Aiding, assisting, procuring, employing, or advising
1132	any person or entity to practice a profession or occupation
1133	regulated by this chapter without required licensure under this
1134	chapter.
1135	(e)  Aiding, assisting, procuring, employing, or advising
1136	any person or entity to operate or in operating an establishment
1137	regulated by this chapter without the required licensure under
1138	this chapter.
1139	(f)  Delegating to any person the performance of
1140	professional activities, or contracting with any person for the
1141	performance of professional activities by such person, when the
1142	licensee knows or has reason to know the person is not qualified
1143	by training, experience, and authorization to perform such
1144	responsibilities.
1145	(g)  Using the name or title "funeral director,"
1146	"embalmer," "direct disposer," or other title suggesting
1147	licensure that which the person using such name or title does
1148	not hold.
1149	(h)  Engaging by a direct disposer in the practice of
1150	direct burial or offering the at-need or preneed service of
1151	direct burial.
1152	(6)  EDUCATIONAL REQUIREMENTS.--
1153	(a)  Failing to comply with applicable educational course
1154	requirements pursuant to this chapter or rules adopted under
1155	this chapter regarding human immunodeficiency virus and acquired
1156	immune deficiency syndrome.
1157	(b)  Failing to timely comply with applicable continuing
1158	education requirements of this chapter.
1159	(7)  RELATIONS WITH OTHER LICENSEES.--
1160	(a)  Having been found liable in a civil proceeding for
1161	knowingly filing a false report or complaint against another
1162	licensee with the department or the board.
1163	(b)  Making any misleading statements or misrepresentations
1164	as to the financial condition of any person, or making
1165	statements that which are falsely and maliciously critical of
1166	any person for the purpose of damaging that person's business
1167	regulated under this chapter.
1168	(8)  TRANSPORT, CUSTODY, TREATMENT, OR DISINTERMENT OF
1169	HUMAN REMAINS.--
1170	(a)  Violation of any state law or rule or any municipal or
1171	county ordinance or regulation affecting the handling, custody,
1172	care, or transportation of dead human bodies.
1173	(b)  Refusing to surrender promptly the custody of a dead
1174	human body upon the express order of the person legally
1175	authorized to its custody; however, this provision shall be
1176	subject to any state or local laws or rules governing custody or
1177	transportation of dead human bodies.
1178	(c)  Taking possession of a dead human body without first
1179	having obtained written or oral permission from a legally
1180	authorized person. If oral permission is granted, the licensee
1181	shall must obtain written permission within a reasonable time as
1182	established by rule.
1183	(d)  Embalming human remains without first having obtained
1184	written or oral permission from a legally authorized person;
1185	however, washing and other public health procedures, such as
1186	closing of the orifices by placing cotton soaked in a
1187	disinfectant in such orifices until authorization to embalm is
1188	received, shall not be precluded. If oral permission is granted,
1189	the licensee shall must obtain written permission within a
1190	reasonable time as established by board rule.
1191	(e)  Failing to obtain written authorization from the
1192	family or next of kin of the deceased prior to entombment,
1193	interment, disinterment, disentombment, or disinurnment of the
1194	remains of any human being.
1195	(9)  SALES PRACTICES IN GENERAL.--
1196	(a)  Soliciting by the licensee, or by her or his agent,
1197	assistant, or employee, through the use of fraud, undue
1198	influence, intimidation, overreaching, or other means that which
1199	takes advantage of a customer's ignorance or emotional
1200	vulnerability.
1201	(b)  Exercising undue influence on a client for the purpose
1202	of financial gain of the licensee or a third party in connection
1203	with any transaction regulated by this chapter.
1204	(c)  Discouraging a customer's purchase of any funeral
1205	merchandise or service that which is advertised or offered for
1206	sale, with the purpose of encouraging the purchase of additional
1207	or more expensive merchandise or service, by disparaging its
1208	quality or appearance, except that true factual statements
1209	concerning features, design, or construction do not constitute
1210	disparagement; by misrepresenting its availability or any delay
1211	involved in obtaining it; or by suggesting directly or by
1212	implication that a customer's concern for price or expressed
1213	interest in inexpensive funeral merchandise or services is
1214	improper, inappropriate, or indicative of diminished respect or
1215	affection for the deceased.
1216	(d)  Misrepresenting the benefits, advantages, conditions,
1217	or terms of any contract to provide any services or merchandise
1218	regulated under this chapter.
1219	(e)  Advertising goods and services in a manner that is
1220	fraudulent, deceptive, or misleading in form or content.
1221	(f)  Directly or indirectly making any deceptive,
1222	misleading, or untrue representations, whether oral or written,
1223	or employing any trick, scheme, or artifice, in or related to
1224	the practice of a profession or occupation regulated under this
1225	chapter, including in the advertising or sale of any merchandise
1226	or services related to the practice of the profession or
1227	occupation.
1228	(10)  SPECIFIC MISREPRESENTATIONS.--
1229	(a)  Making any false or misleading statement of the legal
1230	requirement as to the necessity of any particular burial or
1231	funeral merchandise or services.
1232	(b)  Making any oral, written, or visual representations,
1233	directly or indirectly, that any funeral merchandise or service
1234	is offered for sale when such is not a bona fide offer to sell
1235	such merchandise or service.
1236	(c)  Making any misrepresentation for the purpose of
1237	inducing, or tending to induce, the lapse, forfeiture, exchange,
1238	conversion, or surrender of any preneed contract or any life
1239	insurance policy pledged or assigned to secure payment for
1240	funeral or burial goods or services.
1241	(d)  Misrepresenting pertinent facts or prepaid contract
1242	provisions relating to funeral or burial merchandise or
1243	services.
1244	(e)  Misrepresenting the amount advanced on behalf of a
1245	customer for any item of service or merchandise, including, but
1246	not limited to, cemetery or crematory services, pallbearers,
1247	public transportation, clergy honoraria, flowers, musicians or
1248	singers, nurses, obituary notices, gratuities, and death
1249	certificates, described as cash advances, accommodations, or
1250	words of similar import on the contract, final bill, or other
1251	written evidence of agreement or obligation furnished to
1252	customers; however, nothing in this paragraph shall require
1253	disclosure of a discount or rebate that which may accrue to a
1254	licensee subsequent to making a cash advance.
1255	(f)  Making any false or misleading statement or claim that
1256	natural decomposition or decay of human remains can be prevented
1257	or substantially delayed by embalming, use of a gasketed or
1258	ungasketed casket, or use of an adhesive or nonadhesive closure
1259	on an outer burial container.
1260	(g)  Making any false or misleading statement, oral or
1261	written, directly or indirectly, regarding any law or rule
1262	pertaining to the preparation for disposition, transportation
1263	for disposition, or disposition of dead human bodies.
1264	(h)  Making any false or misleading statements of the legal
1265	requirement as to the conditions under which preservation of a
1266	dead human body is required or as to the necessity of a casket
1267	or outer burial container.
1268	(11)  SPECIFIC SALES PRACTICES.--
1269	(a)  Failing to furnish, for retention, to each purchaser
1270	of burial rights, burial or funeral merchandise, or burial or
1271	funeral services a written agreement, the form of which has been
1272	previously approved if and as required by this chapter, that
1273	which lists in detail the items and services purchased together
1274	with the prices for the items and services purchased; the name,
1275	address, and telephone number of the licensee; the signatures of
1276	the customer and the licensee or her or his representative; and
1277	the date signed.
1278	(b)  Filling in any contract form for use with a particular
1279	customer using language that Using any name or title in any
1280	contract regulated under this chapter which misrepresents the
1281	true nature of the contract.
1282	(c)  Selling an irrevocable preneed contract to a person
1283	who is not an applicant for or recipient of Supplemental
1284	Security Income or Aid to Families with Dependent Children or
1285	pursuant to s. 497.459(6)(a).
1286	(d)  Except as authorized in part IV of this chapter,
1287	guaranteeing the price of goods and services at a future date.
1288	(e)  Requiring that a casket be purchased for cremation or
1289	claiming directly or by implication that a casket is required
1290	for cremation.
1291	(f)  When displaying any caskets for sale, failing to
1292	display the least expensive casket offered for sale or use in
1293	adult funerals in the same general manner as the funeral service
1294	industry member's other caskets are displayed.
1295	(g)  Assessing fees and costs that have not been disclosed
1296	to the customer in connection with any transaction regulated by
1297	this chapter.
1298	(h)  Failure by a cemetery licensed under this chapter to
1299	provide to any person, upon request, a copy of the cemetery
1300	bylaws.
1301	(i)  Requirements by a cemetery licensee that lot owners or
1302	current customers make unnecessary visits to the cemetery
1303	company office for the purpose of solicitation.
1304	(12)  DISCLOSURE REQUIREMENTS.--
1305	(a)  Failure to disclose, when such disclosure is desired,
1306	the components of the prices for alternatives offered by the
1307	licensee from whom disclosure is requested, such as graveside
1308	service, direct disposition, and body donation without any rites
1309	or ceremonies prior to the delivery of the body and prices of
1310	service if there are to be such after the residue has been
1311	removed following the use thereof.
1312	(b)  Failing to furnish, for retention, to anyone who
1313	inquires in person about burial rights, burial or funeral
1314	merchandise, or burial or funeral services, before any
1315	discussion of selection, a printed or typewritten list
1316	specifying the range of retail prices for such rights,
1317	merchandise, or services. At a minimum, the list shall itemize
1318	the highest and lowest priced product and service regularly
1319	offered and shall include the name, address, and telephone
1320	number of the licensee and statements that the customer may
1321	choose only the items the customer desires, that the customer
1322	will be charged for only those items selected, and that there
1323	may be other charges for other items or other services.
1324	(c)  Failing to reasonably provide by telephone, upon
1325	request, accurate information regarding the retail prices of
1326	funeral merchandise and services offered for sale by that
1327	licensee.
1328	(d)  Failure by a funeral director to make full disclosure
1329	in the case of a funeral or direct disposition with regard to
1330	the use of funeral merchandise that which is not to be disposed
1331	of with the body or failure to obtain written permission from
1332	the purchaser regarding disposition of such merchandise.
1333	(e)  Failure by any funeral director to fully disclose all
1334	of her or his available services and merchandise prior to the
1335	selection of a casket offered by a licensee. The full disclosure
1336	required shall identify what is included in the funeral or
1337	direct disposition and the prices of all services and
1338	merchandise provided by the licensee or registrant.
1339	(f)  Failing to have the price of any casket offered for
1340	sale clearly marked on or in the casket, whether the casket is
1341	displayed at a funeral establishment or at any other location,
1342	regardless of whether the licensee is in control of such
1343	location. If a licensee uses books, catalogs, brochures, or
1344	other printed display aids, the price of each casket shall be
1345	clearly marked.
1346	(g)  Failing to disclose all fees and costs the customer
1347	may incur to use the burial rights or merchandise purchased.
1348	(13)  CONTRACT OBLIGATIONS.--
1349	(a)  Failing without reasonable justification to timely
1350	honor contracts entered into by the licensee or under the
1351	licensee's license for funeral or burial merchandise or
1352	services.
1353	(b)  Failure to honor preneed contract cancellation
1354	requests and make refunds as required by the chapter.
1355	(14)  OBLIGATIONS REGARDING COMPLAINTS AND CLAIMS BY
1356	CUSTOMERS.--
1357	(a)  Failing to adopt and implement standards for the
1358	proper investigation and resolution of claims and complaints
1359	received by a licensee relating to the licensee's activities
1360	regulated by this chapter.
1361	(b)  Committing or performing with such frequency as to
1362	indicate a general business practice any of the following:
1363	1.  Failing to acknowledge and act promptly upon
1364	communications from a licensee's customers and their
1365	representatives with respect to claims or complaints relating to
1366	the licensee's activities regulated by this chapter.
1367	2.  Denying claims or rejecting complaints received by a
1368	licensee from a customer or customer's representative, relating
1369	to the licensee's activities regulated by this chapter, without
1370	first conducting reasonable investigation based upon available
1371	information.
1372	3.  Attempting to settle a claim or complaint on the basis
1373	of a material document that which was altered without notice to,
1374	or without the knowledge or consent of, the contract purchaser
1375	or her or his representative or legal guardian.
1376	4.  Failing within a reasonable time to affirm or deny
1377	coverage of specified services or merchandise under a contract
1378	entered into by a licensee upon written request of the contract
1379	purchaser or her or his representative or legal guardian.
1380	5.  Failing to promptly provide, in relation to a contract
1381	for funeral or burial merchandise or services entered into by
1382	the licensee or under the licensee's license, a reasonable
1383	explanation to the contract purchaser or her or his
1384	representative or legal guardian of the licensee's basis for
1385	denying or rejecting all or any part of a claim or complaint
1386	submitted.
1387	(c)  Making a material misrepresentation to a contract
1388	purchaser or her or his representative or legal guardian for the
1389	purpose and with the intent of effecting settlement of a claim
1390	or complaint or loss under a prepaid contract on less favorable
1391	terms than those provided in, and contemplated by, the prepaid
1392	contract.
1393	(d)  Failing to maintain a complete copy of every complaint
1394	received by the licensee since the date of the last examination
1395	of the licensee by the department. For purposes of this
1396	subsection, the term "complaint" means any written communication
1397	primarily expressing a grievance and which communication is
1398	from:
1399	1.  A representative or family member of a deceased person
1400	interred at the licensee's facilities or using the licensee's
1401	services, or which deceased's remains were the subject of any
1402	service provided by the licensee or licensee's business; or
1403	2.  A person, or such person's family member or
1404	representative, who inquired of the licensee or licensee's
1405	business concerning the purchase of, or who purchased or
1406	contracted to purchase, any funeral or burial merchandise or
1407	services from the licensee or licensee's business.
1408
1409	For purposes of this subsection, the response of a customer
1410	recorded by the customer on a customer satisfaction
1411	questionnaire or survey form sent to the customer by the
1412	licensee, and returned by the customer to the licensee, shall
1413	not be deemed to be a complaint.
1414	(15)  MISCELLANEOUS FINANCIAL MATTERS.--
1415	(a)  Failing to timely pay any fee required by this
1416	chapter.
1417	(b)  Failing to timely remit as required by this chapter
1418	the required amounts to any trust fund required by this chapter.
1419	The board may by rule provide criteria for identifying minor,
1420	nonwillful trust remittance deficiencies; and remittance
1421	deficiencies falling within such criteria, if fully corrected
1422	within 30 days after notice to the licensee by the department,
1423	shall not constitute grounds for disciplinary action.
1424	(c)  Paying to or receiving from any organization, agency,
1425	or person, either directly or indirectly, any commission, bonus,
1426	kickback, or rebate in any form whatsoever for any business
1427	regulated under this chapter, whether such payments are made or
1428	received by the licensee, or her or his agent, assistant, or
1429	employee; however, this provision shall not prohibit the payment
1430	of commissions by a funeral director, funeral establishment,
1431	cemetery, or monument establishment to its preneed agents
1432	licensed pursuant to this chapter or to licensees under this
1433	chapter.
1434	Section 14.  Subsection (1), paragraph (b) of subsection
1435	(2), and paragraph (c) of subsection (4) of section 497.153,
1436	Florida Statutes, as created by chapter 2004-301, Laws of
1437	Florida, are amended to read:
1438	497.153  Disciplinary procedures and penalties.--
1439	(1)  JURISDICTION OF LICENSING AUTHORITY TO INVESTIGATE AND
1440	PROSECUTE.--The expiration, nonrenewal, or surrender of
1441	licensure under this chapter shall not eliminate jurisdiction in
1442	the licensing authority to investigate and prosecute for
1443	violations committed by a licensee while licensed under this
1444	chapter. The prosecution of any matter may be initiated or
1445	continued notwithstanding the withdrawal of any complaint.
1446	(2)  DETERMINATION OF PROBABLE CAUSE.--
1447	(b)  Prior to submitting a matter to the probable cause
1448	panel, the licensee who is the subject of the matter shall be
1449	provided by the department with a copy of any written complaint
1450	received by the department in the matter and shall be advised
1451	that the licensee she or he may, within 20 days after receipt of
1452	a copy of such complaint from the department, submit to the
1453	department a written response. Any response timely received by
1454	the department shall be provided by the department to the
1455	probable cause panel. Licensees may not appear in person or
1456	through a representative at any probable cause panel proceeding.
1457	This paragraph shall not apply to emergency action.
1458	(4)  ACTION AFTER PROBABLE CAUSE FOUND.--
1459	(c)  The department may at any time present to the board a
1460	proposed settlement by consent order or otherwise of any matter
1461	as to which probable cause has been found. If the board accepts
1462	the proposed settlement, it may execute and file the consent
1463	order as its final order in the matter or may otherwise issue
1464	its final order in the matter shall issue its final order
1465	adopting the settlement. If the board does not accept such
1466	settlement, the prosecution of the matter shall be resumed. No
1467	settlement of any disciplinary matter as to which probable cause
1468	has been found may be entered into by the board prior to receipt
1469	of a recommended order of an administrative law judge without
1470	the department's concurrence.
1471	Section 15.  Subsection (1) of section 497.158, Florida
1472	Statutes, as renumbered and amended by section 28 of chapter
1473	2004-301, Laws of Florida, is amended to read:
1474	497.158  Court enforcement actions; powers; abatement of
1475	nuisances.--
1476	(1)  In addition to or in lieu of other actions authorized
1477	by this chapter, the department may petition the courts of this
1478	state for injunctive or other relief against any licensed or
1479	unlicensed person for the enforcement of this chapter and orders
1480	issued under this chapter. The court shall be authorized to
1481	impose a fine of up to $5,000 per violation on any licensee
1482	under this chapter and up to $10,000 on any person not licensed
1483	under this chapter, payable to the department, upon any person
1484	determined by the court to have violated this chapter, and may
1485	order payment to the department of the department's attorney's
1486	fees and litigation costs, by any person found to have violated
1487	this chapter.
1488	Section 16.  Subsections (1), (3), and (4) and paragraph
1489	(a) of subsection (5) of section 497.159, Florida Statutes, as
1490	created by chapter 2004-301, Laws of Florida, are amended to
1491	read:
1492	497.159  Crimes.--
1493	(1)  The theft of an examination in whole or in part or the
1494	act of unauthorized reproducing, circulating, or copying of any
1495	questions or answers on, from, or for any prelicensure
1496	examination administered by the department or the board, whether
1497	such examination is reproduced or copied in part or in whole and
1498	by any means, constitutes a felony of the third degree,
1499	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1500	(3)  Any person individual who willfully obstructs the
1501	department or its examiner in any examination or investigation
1502	authorized by this chapter commits is guilty of a misdemeanor of
1503	the second degree and is, in addition to any disciplinary action
1504	under this chapter, punishable as provided in s. 775.082 or s.
1505	775.083. The initiation of action in any court by or on behalf
1506	of any licensee to terminate or limit any examination or
1507	investigation under this chapter shall not constitute a
1508	violation under this subsection.
1509	(4)  Any officer or director, or person occupying similar
1510	status or performing similar functions, of a preneed licensee
1511	who fails under this chapter who knowingly directs or causes the
1512	failure to make required deposits to any trust fund required by
1513	this chapter; any director, officer, agent, or employee of a
1514	preneed licensee who makes any unlawful withdrawal of funds from
1515	any such account or who knowingly discloses to the department or
1516	an employee thereof any false report made pursuant to this
1517	chapter; or any person who willfully violates any of the
1518	provisions of part II, part IV or part V, or with knowledge that
1519	such required deposits are not being made as required by law
1520	fails to report such failure to the department, or who knowingly
1521	directs or causes the unlawful withdrawal of funds from any
1522	trust fund required by this chapter, commits a felony of the
1523	third degree, punishable as provided in s. 775.082, s. 775.083,
1524	or s. 775.084.
1525	(5)(a)  No cemetery company or other legal entity
1526	conducting or maintaining any public or private cemetery may
1527	deny burial space to any person because of race, creed, marital
1528	status, sex, national origin, or color. A cemetery company or
1529	other entity operating any cemetery may designate parts of
1530	cemeteries or burial grounds for the specific use of persons
1531	whose religious code requires isolation. Religious institution
1532	cemeteries may limit burials to members of the religious
1533	institution and their families.
1534	Section 17.  Paragraphs (g) and (h) of subsection (1) and
1535	subsection (3) of section 497.161, Florida Statutes, as created
1536	by chapter 2004-301, Laws of Florida, are amended to read:
1537	497.161  Other rulemaking provisions.--
1538	(1)  In addition to such other rules as are authorized or
1539	required under this chapter, the following additional rules, not
1540	inconsistent with this chapter, shall be authorized by the
1541	licensing authority.
1542	(g)  Rules establishing procedures by which the department
1543	may use the expert or technical advice of the board or members
1544	of the board for the purposes of any investigation, inspection,
1545	or financial examination, without thereby disqualifying the
1546	board member from voting on final action in the matter.
1547	(g)(h)  In connection with the statutory revisions by the
1548	2004 2005 Regular Session of the Legislature merging chapters
1549	470 and 497 as those chapters appeared in the 2003 2004 edition
1550	of the Florida Statutes and the elimination of the former boards
1551	under those chapters and the movement of regulation out of the
1552	Department of Business and Professional Regulation, the
1553	licensing authority shall through July 1, 2006, be deemed to
1554	have extraordinary rulemaking authority to adopt any and all
1555	rules jointly agreed by the board and the department to be
1556	necessary for the protection of the public concerning the
1557	regulation of the professions and occupations regulated under
1558	this chapter, or for the relief of licensees regulated under
1559	this chapter concerning any impacts that which the department
1560	and the board jointly agree were unintended or not contemplated
1561	in the enactment of the 2004 2005 legislative changes. The
1562	authority under this paragraph and any rules adopted under
1563	authority of this paragraph shall expire July 1, 2006.
1564	(3)  The department and the board shall each have standing
1565	under chapter 120 for the purposes of challenging rules or
1566	proposed rules under this chapter. This subsection shall not be
1567	interpreted to deny standing to a licensee to challenge any rule
1568	under this chapter if the licensee would otherwise have
1569	standing.
1570	Section 18.  Section 497.165, Florida Statutes, as
1571	renumbered and amended by section 35 of chapter 2004-301, Laws
1572	of Florida, is amended to read:
1573	497.165  Liability of owners, directors, and officers
1574	regarding trust funds.--The owners, officers, and directors of
1575	any licensee under this chapter may be held jointly and
1576	severally liable for any deficiency in any trust fund required
1577	by this chapter, to the extent the deficiency arose during the
1578	period they were owners, officers, or directors of the licensee,
1579	if they intentionally or through gross their conduct, or their
1580	negligence in the performance of their duties, caused the
1581	deficiency or substantially contributed to conditions that
1582	allowed the deficiency to arise or increase.
1583	Section 19.  Subsections (1) and (3) of section 497.166,
1584	Florida Statutes, as created by chapter 2004-301, Laws of
1585	Florida, are amended to read:
1586	497.166  Preneed sales.--
1587	(1)  Regulation of preneed sales shall be as set forth in
1588	part IV of this chapter. No person may act as an agent for a
1589	preneed licensee funeral establishment or direct disposal
1590	establishment with respect to preneed contracts unless such
1591	person is licensed as a preneed sales agent pursuant to part IV
1592	of this chapter or is a licensed funeral director acting as a
1593	preneed sales agent.
1594	(3)(a)  The funeral director in charge of a funeral
1595	establishment shall be responsible for the control and
1596	activities of the establishment's preneed sales agents.
1597	(b)  The direct disposer in charge or a funeral director
1598	acting as a direct disposer in charge of a direct disposal
1599	establishment shall be responsible for the control and
1600	activities of the establishment's preneed sales agents.
1601	(c)  The responsibility imposed by this subsection on the
1602	funeral director and direct disposer in charge is a duty of
1603	reasonable supervision and not absolute liability. The
1604	responsibility of the funeral director or direct disposer in
1605	charge shall be in addition to the responsibility of the preneed
1606	licensee for the conduct of the preneed sales agents it employs.
1607	Section 20.  Subsection (2) of section 497.169, Florida
1608	Statutes, as renumbered and amended by section 39 of chapter
1609	2004-301, Laws of Florida, is amended to read:
1610	497.169  Private actions; actions on behalf of consumers;
1611	attorney's fee.--
1612	(2)  In any civil litigation resulting from a transaction
1613	involving a violation of this chapter by a cemetery company or
1614	burial rights broker licensed under part II, a monument
1615	establishment licensed under part V, or a preneed entity or
1616	preneed sales agent licensed under part IV, the court may award
1617	to the prevailing party and against such cemetery company,
1618	burial rights broker, monument establishment, or preneed entity
1619	or sales agent, after judgment in the trial court and exhaustion
1620	of any appeal, reasonable attorney's fees and costs from the
1621	nonprevailing party in an amount to be determined by the trial
1622	court. Any award of attorney's fees or costs shall become a part
1623	of the judgment and shall be subject to execution as the law
1624	allows. This subsection does not apply to licensees licensed
1625	under part III or part VI.
1626	Section 21.  Section 497.171, Florida Statutes, is created
1627	to read:
1628	497.171  Identification of human remains.--
1629	(1)  PRIOR TO FINAL DISPOSITION.--
1630	(a)  This subsection shall apply to licensees under parts
1631	III and VI.
1632	(b)  The licensee in charge of the final disposition of
1633	dead human remains shall, prior to final disposition of such
1634	dead human remains, affix to the ankle or wrist of the deceased,
1635	and on the casket, alternative container, or cremation
1636	container, a tag providing proper identification of the dead
1637	human remains. The identification tag shall be encased in or
1638	consist of durable and long-lasting material and shall list the
1639	name, date of birth, and date of death of the deceased, if
1640	available. The board may adopt rules specifying acceptable
1641	materials for such identification tag, acceptable locations for
1642	the tag on the casket, alternative container, or cremation
1643	container, and acceptable methods of affixing the tag.
1644	(c)  If the dead human remains are cremated, proper
1645	identification shall be placed in the container or urn
1646	containing the cremated remains.
1647	(d)  Any licensee responsible for removal of dead human
1648	remains to any establishment, facility, or location shall ensure
1649	that the remains are identified by a tag or other means of
1650	identification that is affixed to the ankle or wrist of the
1651	deceased at the time the remains are removed from the place of
1652	death or other location.
1653	(2)  INTERMENT IN UNLICENSED CEMETERIES.--The
1654	identification of human remains interred in an unlicensed
1655	cemetery shall be the responsibility of the licensed funeral
1656	establishment in charge of the funeral arrangements for the
1657	deceased person. The licensed funeral establishment in charge of
1658	the funeral arrangements for the interment of human remains in
1659	an unlicensed cemetery shall place on the outer burial
1660	container, cremation interment container, or other container or
1661	on the inside of a crypt or niche a tag or permanent identifying
1662	mark listing the name of the decedent and the date of death, if
1663	available. The materials and locations of the tag or mark shall
1664	be more specifically described by rule of the licensing
1665	authority.
1666	(3)  INTERMENT IN LICENSED CEMETERIES.--
1667	(a)  This subsection shall apply to cemetery licensees
1668	under part II.
1669	(b)  As to interments in a licensed cemetery, each licensed
1670	cemetery shall place on the outer burial container, cremation
1671	interment container, or other container or on the inside of a
1672	crypt or niche a tag or permanent identifying marker listing the
1673	name of the decedent and the date of death, if available. The
1674	materials and the location of the tag or marker shall be more
1675	specifically described by rule of the licensing authority.
1676	(c)  Each licensed cemetery may rely entirely on the
1677	identity stated on the burial transit permit or on the
1678	identification supplied by a person licensed under this chapter
1679	to establish the identity of the dead human remains delivered by
1680	such person for burial and shall not be liable for any
1681	differences between the identity shown on the burial transit
1682	permit or identification and the actual identity of the dead
1683	human remains delivered by such person and buried in the
1684	cemetery.
1685	(4)  DIRECT DISPOSAL ESTABLISHMENTS.--Direct disposal
1686	establishments shall establish a system of identification of
1687	human remains received that shall be designed to track the
1688	identity of the remains from the time of receipt until delivery
1689	of the remains to the authorized persons. This is in addition to
1690	the requirements for identification of human remains set forth
1691	in subsection (1). A copy of the identification procedures shall
1692	be available, upon request, to the department and legally
1693	authorized persons.
1694	(5)  RELIANCE ON LEGALLY AUTHORIZED PERSON.--Any licensee
1695	charged with responsibility under this section may rely on the
1696	representation of a legally authorized person to establish the
1697	identity of dead human remains.
1698	Section 22.  Paragraph (b) of subsection (6) of section
1699	497.260, Florida Statutes, as renumbered and amended by section
1700	42 of chapter 2004-301, Laws of Florida, is amended to read:
1701	497.260  Cemeteries; exemption; investigation and
1702	mediation.--
1703	(6)
1704	(b)  No cemetery company or other legal entity conducting
1705	or maintaining any public or private cemetery may deny burial
1706	space to any person because of race, creed, marital status, sex,
1707	national origin, or color. A cemetery company or other entity
1708	operating any cemetery may designate parts of cemeteries or
1709	burial grounds for the specific use of persons whose religious
1710	code requires isolation. Religious institution cemeteries may
1711	limit burials to members of the religious institution and their
1712	families.
1713	Section 23.  Paragraphs (b), (m), (o), and (q) of
1714	subsection (2) of section 497.263, Florida Statutes, as
1715	renumbered and amended by section 45 of chapter 2004-301, Laws
1716	of Florida, are amended to read:
1717	497.263  Cemetery companies; license required; licensure
1718	requirements and procedures.--
1719	(2)  APPLICATION PROCEDURES.--
1720	(b)  The applicant shall be a corporation, or a
1721	partnership, or a limited liability company formed prior to
1722	January 1, 2005, which limited liability company already holds a
1723	license under this chapter.
1724	(m)  The applicant shall be required to make disclosure of
1725	the applicant's criminal records, if any, as required by s.
1726	497.142. The application shall require the applicant to disclose
1727	whether the applicant or any principal of the applicant has ever
1728	been convicted or found guilty of, or entered a plea of no
1729	contest to, regardless of adjudication, any crime in any
1730	jurisdiction. The licensing authority may require by rule
1731	additional information to be provided concerning any affirmative
1732	answers.
1733	(o)  The applicant shall submit fingerprints in accordance
1734	with s. 497.142. The application shall require the applicant and
1735	applicant's principals to provide fingerprints in accordance
1736	with part I of this chapter.
1737	(q)  The application shall be signed in accordance with s.
1738	497.141(12) by the president of the applicant.
1739	Section 24.  Paragraphs (h), (j), and (l) of subsection (2)
1740	of section 497.264, Florida Statutes, as renumbered and amended
1741	by section 46 of chapter 2004-301, Laws of Florida, are amended
1742	to read:
1743	497.264  License not assignable or transferable.--
1744	(2)  Any person or entity that seeks to purchase or
1745	otherwise acquire control of any cemetery licensed under this
1746	chapter shall first apply to the licensing authority and obtain
1747	approval of such purchase or change in control.
1748	(h)  The applicant shall be required to make disclosure of
1749	the applicant's criminal records, if any, as required by s.
1750	497.142. The application shall require the applicant to disclose
1751	whether the applicant or any principal of the applicant has ever
1752	been convicted or found guilty of, or entered a plea of no
1753	contest to, regardless of adjudication, any crime in any
1754	jurisdiction. The licensing authority may require by rule
1755	additional information to be provided concerning any affirmative
1756	answers.
1757	(j)  The applicant shall submit fingerprints in accordance
1758	with s. 497.142. The application shall require the applicant and
1759	the applicant's principals to provide fingerprints in accordance
1760	with part I of this chapter.
1761	(l)  The application shall be signed in accordance with s.
1762	497.141(12) by the applicant if a natural person, otherwise by
1763	the president of the applicant.
1764	Section 25.  Section 497.281, Florida Statutes, as
1765	renumbered and amended by section 62 of chapter 2004-301, Laws
1766	of Florida, is amended to read:
1767	497.281  Licensure of brokers of burial rights.--
1768	(1)  No person shall receive compensation to act as a third
1769	party to the sale or transfer of three or more burial rights in
1770	a 12-month period unless the person pays a license fee as
1771	determined by licensing authority rule but not to exceed $250
1772	and is licensed with the department as a burial rights broker in
1773	accordance with this section.
1774	(2)(a)  The applicant shall be required to make disclosure
1775	of the applicant's criminal records, if any, as required by s.
1776	497.142.
1777	(b)  The application shall require the applicant to
1778	disclose whether the applicant or any principal of the applicant
1779	has ever had a license or the authority to practice a profession
1780	or occupation refused, suspended, fined, denied, or otherwise
1781	acted against or disciplined by the licensing authority of any
1782	jurisdiction. The licensing authority may require by rule
1783	additional information to be provided concerning any affirmative
1784	answers. A licensing authority's acceptance of a relinquishment
1785	of licensure, stipulation, consent order, or other settlement,
1786	offered in response to or in anticipation of the filing of
1787	charges against the license, shall be construed as action
1788	against the license. The licensing authority may require by rule
1789	additional information to be provided concerning any affirmative
1790	answers.
1791	(c)  The applicant shall submit fingerprints in accordance
1792	with s. 497.142. The application shall be signed in accordance
1793	with s. 497.141(12).
1794	(d)  The applicant shall demonstrate by clear and
1795	convincing evidence that the applicant has the ability,
1796	experience, and integrity to act as a burial broker and, if the
1797	applicant is an entity, that the applicant's principals are of
1798	good character.
1799	(3)  For the purpose of preventing confusion and error by
1800	the licensee or by the cemeteries in which the burial rights are
1801	located as to the status as sold or unsold, and as to the
1802	identity of the owner, of the burial rights and related
1803	interment spaces in the cemetery, the licensing authority shall
1804	by rule establish requirements for minimum records to be
1805	maintained by licensees under this section.
1806	(4)  The licensing authority may by rule require
1807	inspections of the records of licensees under this section.
1808	(5)(2)  The department, by rule, shall provide for the
1809	biennial renewal of licenses under this section and a renewal
1810	fee as determined by licensing authority rule but not to exceed
1811	$250.
1812	(6)(3)  The licensure requirements of this section shall
1813	not apply to persons otherwise licensed pursuant to this
1814	chapter, but such persons, if they engage in activity as burial
1815	rights brokers, shall be subject to rules relating to required
1816	records and inspections.
1817	(4)  The licensing authority may by rule specify records of
1818	brokerage transactions which shall be required to be maintained
1819	by burial rights brokers licensed under this subsection, and
1820	which shall be subject to inspection by the department.
1821	Section 26.  Subsection (12) is added to section 497.365,
1822	Florida Statutes, as created by chapter 2004-301, Laws of
1823	Florida, to read:
1824	497.365  Licensure; inactive and delinquent status.--
1825	(12)  The board shall prescribe by rule an application fee
1826	for inactive status, a renewal fee for inactive status, a
1827	delinquency fee, and a fee for reactivation of a license. None
1828	of these fees may exceed the biennial renewal fee established by
1829	the board for an active license. The department may not
1830	reactivate a license unless the inactive or delinquent licensee
1831	has paid any applicable biennial renewal or delinquency fee, or
1832	both, and a reactivation fee.
1833	Section 27.  Paragraph (c) of subsection (1) of section
1834	497.368, Florida Statutes, as renumbered and amended by section
1835	73 of chapter 2004-301, Laws of Florida, is amended to read:
1836	497.368  Embalmers; licensure as an embalmer by
1837	examination; provisional license.--
1838	(1)  Any person desiring to be licensed as an embalmer
1839	shall apply to the licensing authority to take the licensure
1840	examination. The licensing authority shall examine each
1841	applicant who has remitted an examination fee set by rule of the
1842	licensing authority not to exceed $200 plus the actual per
1843	applicant cost to the licensing authority for portions of the
1844	examination and who has:
1845	(c)  Made disclosure of the applicant's criminal records,
1846	if any, as required by s. 497.142. The applicant shall submit
1847	fingerprints in accordance with s. 497.142. The applicant may
1848	not be licensed under this section unless the licensing
1849	authority determines the applicant is of good character and has
1850	no demonstrated history of lack of trustworthiness or integrity
1851	in business or professional matters. Had no conviction or
1852	finding of guilt, regardless of adjudication, for a crime which
1853	directly relates to the ability to practice embalming or the
1854	practice of embalming.
1855	Section 28.  Paragraph (d) is added to subsection (1) of
1856	section 497.369, Florida Statutes, as renumbered and amended by
1857	section 74 of chapter 2004-301, Laws of Florida, to read:
1858	497.369  Embalmers; licensure as an embalmer by
1859	endorsement; licensure of a temporary embalmer.--
1860	(1)  The licensing authority shall issue a license by
1861	endorsement to practice embalming to an applicant who has
1862	remitted an examination fee set by rule of the licensing
1863	authority not to exceed $200 and who the licensing authority
1864	certifies:
1865	(d)  Has made disclosure of the applicant's criminal
1866	records, if any, as required by s. 497.142. The applicant shall
1867	submit fingerprints in accordance with s. 497.142. The applicant
1868	may not be licensed under this section unless the licensing
1869	authority determines the applicant is of good character and has
1870	no demonstrated history of lack of trustworthiness or integrity
1871	in business or professional matters.
1872	Section 29.  Paragraph (c) of subsection (1) of section
1873	497.373, Florida Statutes, as renumbered and amended by section
1874	78 of chapter 2004-301, Laws of Florida, is amended to read:
1875	497.373  Funeral directing; licensure as a funeral director
1876	by examination; provisional license.--
1877	(1)  Any person desiring to be licensed as a funeral
1878	director shall apply to the licensing authority to take the
1879	licensure examination. The licensing authority shall examine
1880	each applicant who has remitted an examination fee set by rule
1881	of the licensing authority not to exceed $200 plus the actual
1882	per applicant cost to the licensing authority for portions of
1883	the examination and who the licensing authority certifies has:
1884	(c)  Made disclosure of the applicant's criminal records,
1885	if any, as required by s. 497.142. The applicant shall submit
1886	fingerprints in accordance with s. 497.142. The applicant may
1887	not be licensed under this section unless the licensing
1888	authority determines the applicant is of good character and has
1889	no demonstrated history of lack of trustworthiness or integrity
1890	in business or professional matters. Had no conviction or
1891	finding of guilt, regardless of adjudication, for a crime which
1892	directly relates to the ability to practice funeral directing or
1893	the practice of funeral directing.
1894	Section 30.  Paragraph (d) is added to subsection (1) of
1895	section 497.374, Florida Statutes, as renumbered and amended by
1896	section 79 of chapter 2004-301, Laws of Florida, to read:
1897	497.374  Funeral directing; licensure as a funeral director
1898	by endorsement; licensure of a temporary funeral director.--
1899	(1)  The licensing authority shall issue a license by
1900	endorsement to practice funeral directing to an applicant who
1901	has remitted a fee set by rule of the licensing authority not to
1902	exceed $200 and who:
1903	(d)  Has made disclosure of the applicant's criminal
1904	records, if any, as required by s. 497.142. The applicant shall
1905	submit fingerprints in accordance with s. 497.142. The applicant
1906	may not be licensed under this section unless the licensing
1907	authority determines the applicant is of good character and has
1908	no demonstrated history of lack of trustworthiness or integrity
1909	in business or professional matters.
1910	Section 31.  Subsection (1) of section 497.376, Florida
1911	Statutes, as renumbered and amended by section 81 of chapter
1912	2004-301, Laws of Florida, is amended to read:
1913	497.376  License as funeral director and embalmer
1914	permitted; display of license.--
1915	(1)  Nothing in this chapter may be construed to prohibit a
1916	person from holding a license as an embalmer and a license as a
1917	funeral director at the same time. There may be issued and
1918	renewed by the licensing authority a combination license as both
1919	funeral director and embalmer to persons meeting the separate
1920	requirements for both licenses as set forth in this chapter. The
1921	licensing authority may adopt rules providing procedures for
1922	applying for and renewing such combination license. The
1923	licensing authority may by rule establish application, renewal,
1924	and other fees for such combination license, which fees shall
1925	not exceed the sum of the maximum fees for the separate funeral
1926	director and embalmer license categories as provided in this
1927	chapter. Persons holding a combination license as a funeral
1928	director and an embalmer shall be subject to regulation under
1929	this chapter both as a funeral director and an embalmer.
1930	Section 32.  Subsection (1) of section 497.378, Florida
1931	Statutes, as amended and renumbered by section 83 of chapter
1932	2004-301, Laws of Florida, is amended to read:
1933	497.378  Renewal of funeral director and embalmer
1934	licenses.--
1935	(1)  There shall be renewed a funeral director or embalmer
1936	license upon receipt of the renewal application and fee set by
1937	the licensing authority not to exceed $500 $250. The licensing
1938	authority may prescribe by rule continuing education
1939	requirements of up to 12 classroom hours and may by rule
1940	establish criteria for accepting alternative nonclassroom
1941	continuing education on an hour-for-hour basis, in addition to a
1942	licensing authority-approved course on communicable diseases
1943	that includes the course on human immunodeficiency virus and
1944	acquired immune deficiency syndrome required by s. 497.367, for
1945	the renewal of a funeral director or embalmer license. The rule
1946	may provide for the waiver of continuing education requirements
1947	in circumstances that would justify the waiver, such as
1948	hardship, disability, or illness. The continuing education
1949	requirement is not required after July 1, 1996, for a licensee
1950	who is over the age of 75 years if the licensee does not qualify
1951	as the sole person in charge of an establishment or facility.
1952	Section 33.  Subsections (1), (4), (5), and (12) of section
1953	497.380, Florida Statutes, as renumbered and amended by section
1954	85 of chapter 2004-301, Laws of Florida, are amended to read:
1955	497.380  Funeral establishment; licensure.--
1956	(1)  A funeral establishment shall be a place at a specific
1957	street address or location consisting of at least 1,250
1958	contiguous interior square feet and shall must maintain or make
1959	arrangements for either capacity for the refrigeration and
1960	storage of dead human bodies handled and stored by the
1961	establishment and a preparation room equipped with necessary
1962	ventilation and drainage and containing necessary instruments
1963	for embalming dead human bodies or shall must make arrangements
1964	for a preparation room as established by rule.
1965	(4)  Application for a funeral establishment license shall
1966	be made on forms and pursuant to procedures specified by rule,
1967	shall be accompanied by a nonrefundable fee not to exceed $300
1968	as set by licensing authority rule, and shall include the name
1969	of the licensed funeral director who is in charge of that
1970	establishment. The applicant shall be required to make
1971	disclosure of the applicant's criminal records, if any, as
1972	required by s. 497.142. The applicant shall submit fingerprints
1973	in accordance with s. 497.142. A duly completed application
1974	accompanied by the required fees shall be approved and the
1975	license issued if the proposed funeral establishment has passed
1976	an inspection pursuant to rule of the licensing authority, the
1977	licensing authority determines the applicant is of good
1978	character and has no demonstrated history of lack of
1979	trustworthiness or integrity in business or professional
1980	matters, and the applicant otherwise is in compliance with all
1981	applicable requirements of this chapter.
1982	(5)  A funeral establishment license shall be renewable
1983	biennially pursuant to procedures, and upon payment of a
1984	nonrefundable fee not to exceed $500 $300, as set by licensing
1985	authority rule. The licensing authority may also establish by
1986	rule a delinquency fee not to exceed $50 per day.
1987	(12)(a)  A change in ownership of a funeral establishment
1988	shall be promptly reported pursuant to procedures established by
1989	rule and shall require the relicensure of the funeral
1990	establishment, including reinspection and payment of applicable
1991	fees.
1992	(b)  A change in location of a funeral establishment shall
1993	be promptly reported to the licensing authority pursuant to
1994	procedures established by rule. Operations by the licensee at a
1995	new location may not commence until an inspection by the
1996	licensing authority of the facilities, pursuant to rules of the
1997	licensing authority, has been conducted and passed at the new
1998	location.
1999	Section 34.  Paragraphs (a) and (g) of subsection (1) and
2000	paragraphs (a), (f), and (g) of subsection (2) of section
2001	497.385, Florida Statutes, as renumbered and amended by section
2002	90 of chapter 2004-301, Laws of Florida, are amended, and
2003	paragraph (i) is added to subsection (2) of said section, to
2004	read:
2005	497.385  Removal services; refrigeration facilities;
2006	centralized embalming facilities.--In order to ensure that the
2007	removal, refrigeration, and embalming of all dead human bodies
2008	is conducted in a manner that properly protects the public's
2009	health and safety, the licensing authority shall adopt rules to
2010	provide for the licensure of removal services, refrigeration
2011	facilities, and centralized embalming facilities operated
2012	independently of funeral establishments, direct disposal
2013	establishments, and cinerator facilities.
2014	(1)  REMOVAL SERVICES AND REFRIGERATION SERVICES.--
2015	(a)  Application for licensure of a removal service or a
2016	refrigeration service shall be made using forms and procedures
2017	as specified by rule, shall be accompanied by a nonrefundable
2018	fee not to exceed $300 as set by licensing authority rule, and
2019	shall include the name of the business owner, manager in charge,
2020	business address, and copies of occupational and other local
2021	permits. The applicant shall be required to make disclosure of
2022	the applicant's criminal records, if any, as required by s.
2023	497.142. The applicant shall submit fingerprints in accordance
2024	with s. 497.142. A duly completed application accompanied by the
2025	required fees shall be approved and the license issued if the
2026	applicant has passed an inspection pursuant to rule of the
2027	licensing authority, the licensing authority determines the
2028	applicant is of good character and has no demonstrated history
2029	of lack of trustworthiness or integrity in business or
2030	professional matters, and the applicant otherwise is in
2031	compliance with all applicable requirements of this chapter.
2032	(g)1.  A change in ownership shall be promptly reported
2033	using forms and procedures specified by rule and may require the
2034	relicensure of the licensee, including reinspection and payment
2035	of applicable fees, as required by rule.
2036	2.  A change in location shall be promptly reported to the
2037	licensing authority pursuant to procedures established by rule.
2038	Operations by the licensee at a new location may not commence
2039	until an inspection by the licensing authority of the
2040	facilities, pursuant to rules of the licensing authority, has
2041	been conducted and passed at the new location.
2042	(2)  CENTRALIZED EMBALMING FACILITIES.--In order to ensure
2043	that all funeral establishments have access to embalming
2044	facilities that comply with all applicable health and safety
2045	requirements, the licensing authority shall adopt rules to
2046	provide for the licensure and operation of centralized embalming
2047	facilities and shall require, at a minimum, the following:
2048	(a)  All centralized embalming facilities shall contain all
2049	of the equipment and meet all of the requirements that a
2050	preparation room located in a funeral establishment is required
2051	to meet, but such facilities shall not be required to comply
2052	with any of the other requirements for funeral establishments,
2053	as set forth in s. 497.380. The licensing authority may adopt
2054	rules establishing the equipment and other requirements for
2055	operation of a centralized embalming facility consistent with
2056	this paragraph.
2057	(f)  Application for licensure of a centralized embalming
2058	facility shall be made utilizing forms and procedures prescribed
2059	by rule and shall be accompanied by a nonrefundable fee not to
2060	exceed $300 as set by licensing authority rule, and licensure
2061	shall be renewed biennially pursuant to procedures and upon
2062	payment of a nonrefundable fee not to exceed $300 as set by
2063	licensing authority rule. The licensing authority may also
2064	establish by rule a late fee not to exceed $50 per day. Any
2065	licensure not renewed within 30 days after the renewal date
2066	shall expire without further action by the department. The
2067	applicant shall be required to make disclosure of the
2068	applicant's criminal records, if any, as required by s. 497.142.
2069	The applicant shall submit fingerprints in accordance with s.
2070	497.142. A duly completed application accompanied by the
2071	required fees shall be approved and the license issued if the
2072	applicant has passed an inspection pursuant to rule of the
2073	licensing authority, the licensing authority determines the
2074	applicant is of good character and has no demonstrated history
2075	of lack of trustworthiness or integrity in business or
2076	professional matters, and the applicant otherwise is in
2077	compliance with all applicable requirements of this chapter.
2078	(g)  The licensing authority shall set by rule an annual
2079	inspection fee not to exceed $300, payable upon application for
2080	licensure and upon renewal of such licensure. Centralized
2081	embalming facilities shall be subject to inspection before
2082	issuance of license and annually thereafter and also upon change
2083	of location and during investigation of any complaint. A
2084	centralized embalming facility shall notify the licensing
2085	authority of any change in location. A change in ownership shall
2086	be promptly reported to the licensing authority using forms and
2087	procedures specified by rule and may require the relicensure of
2088	the licensee, including reinspection and payment of applicable
2089	fees, as required by rule. The licensing authority shall adopt
2090	rules establishing inspection criteria and otherwise
2091	establishing forms and procedures for the implementation of this
2092	paragraph.
2093	(i)  A change in location shall be promptly reported to the
2094	licensing authority pursuant to procedures established by rule.
2095	Operations by the licensee at a new location may not commence
2096	until an inspection by the licensing authority of the
2097	facilities, pursuant to rules of the licensing authority, has
2098	been conducted and passed at the new location.
2099	Section 35.  Section 497.453, Florida Statutes, as
2100	renumbered and amended by section 102 of chapter 2004-301, Laws
2101	of Florida, is amended to read:
2102	497.453  Application for preneed license, procedures and
2103	criteria; renewal; reports.--
2104	(1)  PRENEED LICENSE APPLICATION PROCEDURES.--
2105	(a)  A person seeking a license to enter into preneed
2106	contracts shall apply for such licensure using forms prescribed
2107	by rule.
2108	(b)  The application shall require the name, business
2109	address, residence address, date and place of birth or
2110	incorporation, and business phone number of the applicant and
2111	all principals of the applicant. The application shall require
2112	the applicant's social security number, or, if the applicant is
2113	an entity, its federal tax identification number.
2114	(c)  The application may require information as to the
2115	applicant's financial resources.
2116	(d)  The application may require information as to the
2117	educational and employment history of an individual applicant;
2118	and as to applicants that are not natural persons, the business
2119	and employment history of the applicant and principals of the
2120	applicant.
2121	(e)  The applicant shall be required to make disclosure of
2122	the applicant's criminal records, if any, as required by s.
2123	497.142. The application shall require the applicant to disclose
2124	whether the applicant or any of the applicant's principals have
2125	ever been convicted or found guilty of, or entered a plea of no
2126	contest to, regardless of adjudication, any crime in any
2127	jurisdiction.
2128	(f)  The application shall require the applicant to
2129	disclose whether the applicant or any of the applicant's
2130	principals have ever had a license or the authority to practice
2131	a profession or occupation refused, suspended, fined, denied, or
2132	otherwise acted against or disciplined by the licensing
2133	authority of any jurisdiction. A licensing authority's
2134	acceptance of a relinquishment of licensure, stipulation,
2135	consent order, or other settlement, offered in response to or in
2136	anticipation of the filing of charges against the license, shall
2137	be construed as action against the license.
2138	(g)  The applicant shall submit fingerprints in accordance
2139	with s. 497.142. The application shall require the applicant and
2140	its principals to provide fingerprints in accordance with part I
2141	of this chapter.
2142	(h)  The application shall state the name and license
2143	number of the funeral establishment, cemetery company, direct
2144	disposal establishment, or monument establishment, under whose
2145	license the preneed application is made.
2146	(i)  The application shall state the types of preneed
2147	contracts proposed to be written.
2148	(j)  The application shall disclose the existence of all
2149	preneed contracts for service or merchandise entered into by the
2150	applicant, or by any other entity under common control with the
2151	applicant, without or prior to authorization under this section
2152	or predecessors to this section. As to each such contract, the
2153	applicant shall disclose the name and address of the contract
2154	purchaser, the status of the contract, and what steps or
2155	measures the applicant has taken to ensure performance of
2156	unfulfilled contracts, setting forth the treatment and status of
2157	funds received from the customer in regard to the contract, and
2158	stating the name and address of any institution where such funds
2159	are deposited and the number used by the institution to identify
2160	the account. With respect to contracts entered into before
2161	January 1, 1983, an application to issue or renew a preneed
2162	license may not be denied solely on the basis of such
2163	disclosure. The purchaser of any such contract may not be
2164	required to liquidate the account if such account was
2165	established before July 1, 1965. Information disclosed may be
2166	used by the licensing authority to notify the contract purchaser
2167	and the institution in which such funds are deposited should the
2168	holder of a preneed license be unable to fulfill the
2169	requirements of the contract.
2170	(k)  The application shall require the applicant to
2171	demonstrate that the applicant complies and will comply with all
2172	requirements for preneed contract licensure under this chapter.
2173	(l)  The application may require any other information
2174	considered necessary by the department or board to meet its
2175	responsibilities under this chapter.
2176	(m)  The application shall be sworn to and signed in
2177	accordance with s. 497.141(12) by the applicant if a natural
2178	person, or by the president of an applicant that is not a
2179	natural person.
2180	(n)  The application shall be accompanied by a
2181	nonrefundable fee as determined by licensing authority rule but
2182	not to exceed $500.
2183	(2)  ACTION CONCERNING APPLICATIONS.--A duly completed
2184	application for licensure under this section, accompanied by the
2185	required fees, shall be approved and a license issued, if the
2186	licensing authority determines that the following conditions are
2187	met:
2188	(a)  The application is made by a funeral establishment,
2189	cemetery company, direct disposal establishment, or monument
2190	establishment, or on behalf of one of the preceding licensees by
2191	its agent in the case of a corporate entity, licensed and in
2192	good standing under this chapter.
2193	(b)  The applicant meets net worth requirements specified
2194	by rule of the licensing authority.
2195	1.  The net worth required by rule to obtain or renew a
2196	preneed license and write and carry up to $100,000 in total
2197	retail value of outstanding preneed contracts shall not exceed
2198	$20,000. The board may specify higher net worth requirements by
2199	increments, for total retail value of outstanding preneed
2200	contracts carried in excess of $100,000, as the board determines
2201	necessary for the protection of the public.
2202	2.  An applicant to obtain or renew a preneed license who
2203	cannot demonstrate the required initial minimum net worth may
2204	voluntarily submit to the licensing authority, and request
2205	acceptance of, alternative evidence of financial stability and
2206	resources or agree to additional oversight in lieu of the
2207	required net worth. Such additional evidence or oversight may
2208	include, as appropriate, one or more of the following:
2209	a.  An agreement to submit monthly financial statements of
2210	the entity.
2211	b.  An agreement to submit quarterly financial statements
2212	of the entity.
2213	c.  An appraisal of the entity's property or broker's
2214	opinion of the entity's assets.
2215	d.  A credit report of the entity or its principals.
2216	e.  A subordination-of-debt agreement from the entity's
2217	principals.
2218	f.  An indemnification or subrogation agreement binding the
2219	entity and its principals.
2220	g.  A guarantee agreement for the entity from its
2221	principals.
2222	h.  A written explanation of past financial activity.
2223	i.  Submission of a 12-month projected business plan that
2224	includes:
2225	(I)  A statement of cash flows.
2226	(II)  Pro forma income statements, with sources of revenues
2227	identified.
2228	(III)  Marketing initiatives.
2229	j.  Submission of previous department examination reports.
2230	k.  An agreement of 100 percent voluntary trust by the
2231	entity.
2232	3.  The licensing authority may accept such alternative
2233	evidence or arrangements in lieu of the required net worth only
2234	if the licensing authority determines such alternative evidence
2235	or arrangements are an adequate substitute for required net
2236	worth and that acceptance would not substantially increase the
2237	risk to existing or future customers of nonperformance by the
2238	applicant or licensee on its retail sales agreements.
2239	(c)  The applicant has and will have the ability to
2240	discharge her or his liabilities as they become due in the
2241	normal course of business, and has and will have sufficient
2242	funds available during the calendar year to perform her or his
2243	obligations under her or his contracts.
2244	(d)  If the applicant or any entity under common control
2245	with the applicant has entered into preneed contracts prior to
2246	being authorized to do so under the laws of this state:
2247	1.  The licensing authority determines that adequate
2248	provision has been made to ensure the performance of such
2249	contracts.
2250	2.  The licensing authority determines that the improper
2251	sale of such preneed contracts prior to authorization under this
2252	chapter does not indicate, under the facts of the particular
2253	application in issue, that the applicant has a disregard of the
2254	laws of this state such as would expose the public to
2255	unreasonable risk if the applicant were issued a preneed
2256	license.
2257	3.  Nothing in this section shall imply any authorization
2258	to enter into preneed contracts without authorization under this
2259	chapter.
2260	(e)  Neither the applicant nor the applicant's principals
2261	have a demonstrated history of conducting their business affairs
2262	to the detriment of the public.
2263	(f)  The applicant and the applicant's principals are of
2264	good character and have no demonstrated history of lack of
2265	trustworthiness or integrity in business or professional
2266	matters.
2267	(g)  The applicant does and will comply with all other
2268	requirements of this chapter relating to preneed licensure.
2269	(3)  ISSUANCE OF LICENSES ON PROBATIONARY STATUS.--It is
2270	the policy of this state to encourage competition for the public
2271	benefit in the preneed contract business by, among other means,
2272	the entry of new licensees into that business. To facilitate
2273	issuance of licenses concerning applications judged by the
2274	licensing authority to be borderline as to qualification for
2275	licensure, the licensing authority may issue a new license under
2276	this section on a probationary basis, subject to conditions
2277	specified by the licensing authority on a case-by-case basis,
2278	which conditions may impose special monitoring, reporting, and
2279	restrictions on operations for up to the first 12 months of
2280	licensure, to ensure the licensee's responsibleness, competency,
2281	financial stability, and compliance with this chapter. Provided,
2282	no such probationary license shall be issued unless the
2283	licensing authority determines that issuance would not pose an
2284	unreasonable risk to the public, and the licensing authority
2285	shall must within 12 months after issuance of the license either
2286	remove the probationary status or determine that the licensee is
2287	not qualified for licensure under this chapter and institute
2288	proceedings for revocation of licensure.
2289	(4)  CHANGE IN CONTROL SUBSEQUENT TO LICENSURE.--
2290	(a)  Each licensee under this section shall must provide
2291	notice as required by rule prior to any change in control of the
2292	licensee. Any such change is subject to disapproval or to
2293	reasonable conditions imposed by the licensing authority, for
2294	the protection of the public to ensure compliance with this
2295	chapter, based upon criteria established by rule, which criteria
2296	shall promote the purposes of this part in protecting the
2297	consumer.
2298	(b)  The licensing authority may authorize the transfer of
2299	a preneed license and establish by rule a fee for the transfer
2300	in an amount not to exceed $500. Upon receipt of an application
2301	for transfer, the executive director may grant a temporary
2302	preneed license to the proposed transferee, based upon criteria
2303	established by the licensing authority by rule, which criteria
2304	shall promote the purposes of this chapter in protecting the
2305	consumer. Such a temporary preneed license shall expire at the
2306	conclusion of the next regular meeting of the board unless
2307	renewed by the board. The licensing authority may by rule
2308	establish forms and procedures for the implementation of this
2309	paragraph.
2310	(5)  RENEWAL OF LICENSES.--
2311	(a)  A preneed license shall expire annually on June 1,
2312	unless renewed, or at such other time or times as may be
2313	provided by rule. The application for renewal of the license
2314	shall be on forms prescribed by rule and shall be accompanied by
2315	a renewal fee as specified in paragraph (c).
2316	(b)  Within 3 months after the end of its fiscal period, or
2317	within an extension of time therefor, as the department for good
2318	cause may grant, the licensee shall file with the department a
2319	full and true statement of her or his financial condition,
2320	transactions, and affairs, prepared on a basis as adopted by
2321	rule, as of the end of the preceding fiscal period or at such
2322	other time or times as may be required by rule, together with
2323	such other information and data that which may be required by
2324	rule. To facilitate uniformity in financial statements and to
2325	facilitate department analysis, there may be adopted by rule a
2326	form for financial statements. The rules regarding net worth,
2327	authorized by paragraph (2)(b), shall be applicable to the
2328	renewal of preneed licenses.
2329	(c)1.  Each annual application for renewal of a preneed
2330	license that is not held by a monument establishment shall be
2331	accompanied by the appropriate fee as follows:
2332	a.1.  For a preneed licensee with no preneed contract sales
2333	during the immediately preceding year....$300.
2334	b.2.  For a preneed licensee with at least 1 but fewer than
2335	50 preneed contract sales during the immediately preceding
2336	year....$400.
2337	c.3.  For a preneed licensee with at least 50 but fewer
2338	than 250 preneed contract sales during the immediately preceding
2339	year....$500.
2340	d.4.  For a preneed licensee with at least 250 but fewer
2341	than 1,000 preneed contract sales during the immediately
2342	preceding year....$850.
2343	e.5.  For a preneed licensee with at least 1,000 but fewer
2344	than 2,500 preneed contract sales during the immediately
2345	preceding year....$1,500.
2346	f.6.  For a preneed licensee with at least 2,500 but fewer
2347	than 5,000 preneed contract sales during the immediately
2348	preceding year....$2,500.
2349	g.7.  For a preneed licensee with at least 5,000 but fewer
2350	than 15,000 preneed contract sales during the immediately
2351	preceding year....$6,000.
2352	h.8.  For a preneed licensee with at least 15,000 but fewer
2353	than 30,000 preneed contract sales during the immediately
2354	preceding year....$12,500.
2355	i.9.  For a preneed licensee with 30,000 preneed contract
2356	sales or more during the immediately preceding year....$18,500.
2357	2.  Each annual application for renewal of a preneed
2358	license that is held by a monument establishment shall be
2359	accompanied by the appropriate fee determined by its total gross
2360	aggregate at-need and preneed retail sales for the 12-month
2361	period ending 2 full calendar months prior to the month in which
2362	the renewal is required, as follows:
2363	a.  Total sales of $1 to $50,000:  $1,000 renewal fee.
2364	b.  Total sales of $50,001 to $250,000:  $1,500 renewal
2365	fee.
2366	c.  Total sales of $250,001 to $500,000:  $2,000 renewal
2367	fee.
2368	d.  Total sales over $500,000:  $2,500 renewal fee.
2369	(d)  An application for renewal shall disclose the
2370	existence of all preneed contracts for service or merchandise
2371	funded by any method other than a method permitted by this
2372	chapter, which contracts are known to the applicant and were
2373	entered into by the applicant, or any other entity under common
2374	control with the applicant, during the annual license period
2375	then ending. Such disclosure shall include the name and address
2376	of the contract purchaser, the name and address of the
2377	institution where such funds are deposited, and the number used
2378	by the institution to identify the account.
2379	(e)  In addition to any other penalty that may be provided
2380	for under this chapter, there may be levied a late fee as
2381	determined by licensing authority rule but not to exceed $50 a
2382	day for each day the preneed licensee fails to file its annual
2383	statement, and there may be levied a late fee as determined by
2384	licensing authority rule but not to exceed $50 a day for each
2385	day the preneed licensee fails to file the statement of
2386	activities of the trust. Upon notice to the preneed licensee by
2387	the department that the preneed licensee has failed to file the
2388	annual statement or the statement of activities of the trust,
2389	the preneed licensee's authority to sell preneed contracts shall
2390	cease while such default continues.
2391	(6)  QUARTERLY PAYMENTS.--In addition to other amounts
2392	required to be paid by this section, each preneed licensee shall
2393	pay to the Regulatory Trust Fund an amount established by rule
2394	not to exceed $10 for each preneed contract entered into. This
2395	amount shall must be paid within 60 days after the end of each
2396	quarter. These funds shall must be used to defray the cost of
2397	administering the provisions of this chapter part.
2398	(7)  BRANCH OPERATIONS AND LICENSURE.--
2399	(a)  Any person or entity that is part of a common business
2400	enterprise that has a preneed license issued pursuant to this
2401	section and desires to operate under a name other than that of
2402	the common business enterprise, may submit an application on a
2403	form adopted by rule to become a branch licensee. The
2404	application shall be accompanied by an application fee as
2405	determined by licensing authority rule but not to exceed $300.
2406	(b)  Upon a determination that such branch applicant
2407	qualifies to sell preneed contracts under this part except for
2408	the requirements of paragraph (2)(c), and if the sponsoring
2409	preneed licensee under whose preneed license the branch
2410	applicant seeks branch status meets the requirements of such
2411	paragraph and is in compliance with all requirements of this
2412	part regarding its preneed license and operations thereunder, a
2413	branch license shall be issued.
2414	(c)  Branch licenses shall be renewed annually by payment
2415	of a renewal fee set by licensing authority rule and not to
2416	exceed $500 $300. Branch licenses may be renewed only so long as
2417	the preneed license of the sponsoring preneed licensee remains
2418	in good standing.
2419	(d)  Violations of this part by the branch shall be deemed
2420	to be violations of this part by its sponsoring preneed
2421	licensee, unless the licensing authority determines that
2422	extenuating circumstances indicate that it would be unjust to
2423	attribute the branch's misconduct to the sponsoring preneed
2424	licensee. Preneed sales of the branch shall be deemed to be
2425	sales of the sponsoring licensee for purposes of renewal fees
2426	and trust requirements under this chapter.
2427	(e)  The sponsoring preneed licensee shall be responsible
2428	for performance of preneed contracts entered into by its branch
2429	if the branch does not timely fulfill any such contract.
2430	(8)  ANNUAL TRUST REPORTS.--On or before April 1 of each
2431	year, the preneed licensee shall file in the form prescribed by
2432	rule a full and true statement as to the activities of any trust
2433	established by it pursuant to this part for the preceding
2434	calendar year.
2435	(9)  DEPOSIT OF FUNDS.--All sums collected under this
2436	section shall be deposited to the credit of the Regulatory Trust
2437	Fund.
2438	Section 36.  Subsection (6) of section 497.456, Florida
2439	Statutes, as renumbered and amended by section 105 of chapter
2440	2004-301, Laws of Florida, is amended to read:
2441	497.456  Preneed Funeral Contract Consumer Protection Trust
2442	Fund.--
2443	(6)  Upon the commencement of a delinquency proceeding
2444	pursuant to this chapter against a preneed licensee, the
2445	licensing authority may use up to 50 percent of the balance of
2446	the trust fund not already committed to a prior delinquency
2447	proceeding solely for the purpose of establishing a receivership
2448	and providing restitution to preneed contract purchasers and
2449	their estates due to a preneed licensee's failure to provide the
2450	benefits of a preneed contract or failure to refund the
2451	appropriate principal amount by reason of cancellation thereof.
2452	The balance of the trust fund shall be determined as of the date
2453	of the delinquency proceeding.
2454	Section 37.  Paragraph (h) of subsection (1) and subsection
2455	(4) of section 497.458, Florida Statutes, as renumbered and
2456	amended by section 107 of chapter 2004-301, Laws of Florida, are
2457	amended to read:
2458	497.458  Disposition of proceeds received on contracts.--
2459	(1)
2460	(h)  In no event may trust funds be loaned, directly or
2461	indirectly, to any of the following persons: the preneed
2462	licensee; any entity under any degree of common control with the
2463	preneed licensee; any employee, director, full or partial owner,
2464	or principal of the preneed licensee; or any person related by
2465	blood or marriage to any of those persons. In no event may trust
2466	funds, directly or indirectly, be invested in or with, or loaned
2467	to, any business or business venture in which any of the
2468	following persons have an interest: the preneed licensee; any
2469	entity under any degree of common control with the preneed
2470	licensee; any employee, director, full or partial owner, or
2471	principal of the preneed licensee; or any person related by
2472	blood or marriage to any of those persons. In no event may said
2473	funds be loaned to a preneed licensee, an affiliate of a preneed
2474	licensee, or any person directly or indirectly engaged in the
2475	burial, funeral home, or cemetery business.
2476	(4)(a)  Trust funds shall not be invested in or loaned to
2477	or for the benefit of any business venture in which the preneed
2478	licensee, its principals, or persons related by blood or
2479	marriage to the licensee or its principals, have a direct or
2480	indirect interest, without the prior approval of the licensing
2481	authority.
2482	(b)  Trust funds shall not be loaned to or for the benefit
2483	of the preneed licensee, its principals, or persons related by
2484	blood or marriage to the licensee or its principals, without the
2485	prior approval of the licensing authority.
2486	(c)  No approval of such loans or investments shall be
2487	given unless it be shown by clear and convincing evidence that
2488	such loan or investment would be in the interest of the preneed
2489	contract holders whose contracts are secured by the trust funds.
2490	(d)  The licensing authority may adopt rules exempting from
2491	the prohibition of paragraph (1)(h) this subsection, pursuant to
2492	criteria established in such rule, the investment of trust funds
2493	in investments, such as widely and publicly traded stocks and
2494	bonds, notwithstanding that the licensee, its principals, or
2495	persons related by blood or marriage to the licensee or its
2496	principals have an interest by investment in the same entity,
2497	where neither the licensee, its principals, or persons related
2498	by blood or marriage to the licensee or its principals have the
2499	ability to control the entity invested in, and it would be in
2500	the interest of the preneed contract holders whose contracts are
2501	secured by the trust funds to allow the investment.
2502	Section 38.  Section 497.466, Florida Statutes, as
2503	renumbered and amended by section 115 of chapter 2004-301, Laws
2504	of Florida, is amended to read:
2505	497.466  Preneed sales agents, license required;
2506	application procedures and criteria; appointment of agents;
2507	responsibility of preneed licensee.--
2508	(1)  GENERAL PROVISIONS APPLICABLE TO PRENEED SALES
2509	AGENTS.--
2510	(a)  All persons individuals who offer preneed contracts to
2511	the public, or who execute preneed contracts on behalf of a
2512	preneed licensee, including all persons individuals who offer,
2513	sell, or sign contracts for the preneed sale of burial rights,
2514	shall be licensed as preneed sales agents, pursuant to this
2515	section. Persons, unless such individuals are licensed as
2516	funeral directors pursuant to this chapter may engage in preneed
2517	sales for the preneed licensee with whom they are affiliated
2518	without preneed sales agent licensure or appointment under this
2519	section.
2520	(b)  All preneed sales agents and funeral directors acting
2521	as preneed sales agents must be employed by or under written
2522	contract with the preneed licensee that they are representing.
2523	(c)  A preneed licensee shall be responsible for the
2524	activities of all preneed sales agents and all funeral directors
2525	acting as preneed sales agents, who are affiliated with the
2526	preneed licensee and who perform any type of preneed-related
2527	activity on behalf of the preneed licensee. In addition to the
2528	preneed sales agents and funeral directors acting as preneed
2529	sales agents, each preneed licensee shall also be subject to
2530	discipline if its preneed sales agents or funeral directors
2531	acting as preneed sales agents violate any provision of this
2532	chapter.
2533	(d)  A preneed sales agent and a funeral director acting as
2534	a preneed sales agent shall be authorized to sell, offer, and
2535	execute preneed contracts on behalf of all entities owned or
2536	operated by its sponsoring preneed licensee.
2537	(e)  An individual may be licensed as a preneed sales agent
2538	on behalf of more than one preneed licensee, provided that the
2539	individual has received the written consent of all such preneed
2540	licensees and makes separate application under this section for
2541	each such agency.
2542	(f)  A sponsoring preneed licensee shall notify the
2543	department in writing within 30 days after the sponsored preneed
2544	sales agent's authority to represent that preneed licensee has
2545	terminated.
2546	(2)  PRENEED SALES AGENT LICENSE; APPLICATION PROCEDURES.--
2547	(a)  A person may hold only one preneed sales agent license
2548	at a time seeking licensure as a preneed sales agent shall apply
2549	for such licensure using forms prescribed by rule of the
2550	licensing authority.
2551	(b)  No preneed sales agent license shall be issued to a
2552	person under age 18.
2553	(c)  Persons desiring a preneed sales agent license shall
2554	apply to the department for such license. The application shall
2555	require the name, residence address, residence phone number if
2556	any, and date and place of birth of the preneed sales agent
2557	applicant. Applicants shall be at least 18 years of age. The
2558	application shall require identification of the name, address,
2559	and license number of the sponsoring preneed licensee. The
2560	application shall require the preneed sales agent applicant's
2561	social security number and the federal tax identification number
2562	of the sponsoring preneed licensee.
2563	(c)  The application shall require information as to the
2564	educational and employment history of the preneed sales agent
2565	applicant.
2566	(d)  The application shall require the preneed sales agent
2567	applicant to disclose any criminal record, as required by s.
2568	497.142 whether the preneed sales agent applicant has ever been
2569	convicted or found guilty of, or entered a plea of no contest
2570	to, regardless of adjudication, any crime in any jurisdiction.
2571	(e)  The application shall require the preneed sales agent
2572	applicant to disclose whether the preneed sales agent applicant
2573	has ever had a license or the authority to practice a profession
2574	or occupation refused, suspended, fined, denied, or otherwise
2575	acted against or disciplined by the licensing authority of any
2576	jurisdiction. A licensing authority's acceptance of a
2577	relinquishment of licensure, stipulation, consent order, or
2578	other settlement, offered in response to or in anticipation of
2579	the filing of charges against the license, shall be construed as
2580	action against the license.
2581	(f)  The application shall require identification by the
2582	preneed sales agent applicant of the preneed licensee whom the
2583	preneed sales agent applicant believes will initially appoint
2584	the preneed sales agent applicant if a preneed sales agent
2585	license is issued. The application shall require a
2586	representation by the sponsoring preneed licensee, that:
2587	1.  The sponsoring preneed licensee's license is in good
2588	standing.
2589	2.  Upon licensure as a preneed sales agent the sponsored
2590	preneed sales agent applicant will be authorized to offer, sell,
2591	and sign preneed contracts on behalf of the preneed licensee.
2592	3.  The preneed licensee has trained the applicant in the
2593	provisions of this chapter relating to preneed sales, the
2594	provisions of the preneed licensee's preneed contracts, and the
2595	nature of the merchandise, services, or burial rights sold by
2596	the preneed licensee.
2597	(g)  The application shall require the preneed sales agent
2598	applicant to indicate whether the applicant has any type of
2599	working relationship with any other preneed licensee or
2600	insurance company, and if yes, to identify such other preneed
2601	licensee or insurance company, as the case may be.
2602	(h)  The applicant shall be required to submit her or his
2603	fingerprints in accordance with part I of this chapter.
2604	(g)(i)  The application shall be signed by the applicant
2605	and by an officer or manager of the sponsoring preneed licensee.
2606	The licensing authority may accept electronic signatures.
2607	(h)(j)  The application shall be accompanied by a
2608	nonrefundable fee of $150 if made through the department's on-
2609	line licensing system or $175 if made using paper forms. Payment
2610	of either fee shall entitle the applicant to one initial
2611	appointment without payment of further fees by the preneed sales
2612	agent or the appointing preneed licensee if a preneed sales
2613	agent license is issued $100. The licensing authority may from
2614	time to time increase such fees fee but not to exceed $300 $200.
2615	(3)  ISSUANCE OF A TEMPORARY PRENEED SALES AGENT LICENSE
2616	ACTION CONCERNING APPLICATIONS; TEMPORARY AND REGULAR
2617	LICENSURE.--
2618	(a)  Upon receipt of a duly completed application and the
2619	required fee, a temporary preneed sales agent license shall be
2620	issued to the applicant if:
2621	1.  The applicant is at least 18 years of age.
2622	2.  The application indicates that the applicant has no
2623	disciplinary or criminal record and the department has no record
2624	indicating the applicant has any disciplinary or criminal
2625	record.
2626	3.  The applicant has never previously held a temporary
2627	preneed sales agent license that lapsed for failure to submit
2628	fingerprints as required by this section.
2629	(b)  A temporary preneed sales agent license shall be valid
2630	for only 120 days from the date issued and may not be renewed.
2631	(c)  An applicant for a preneed sales agent license who has
2632	previously been issued a temporary preneed sales agent license
2633	that for any reason expired without becoming permanent shall not
2634	thereafter be eligible for another temporary preneed sales agent
2635	license. Such person may apply again for a preneed sales agent
2636	license, but no license shall be issued until fingerprints are
2637	provided as required by s. 497.142, a report is received from
2638	the Department of Law Enforcement advising that the applicant
2639	has no criminal record, and the applicant is otherwise
2640	determined by the department and board to qualify for preneed
2641	sales agent licensure.
2642	(4)  CONVERSION OF TEMPORARY PRENEED SALES AGENT LICENSE TO
2643	PERMANENT PRENEED SALES AGENT LICENSE.--
2644	(a)  A temporary preneed sales agent licensee who desires
2645	to obtain a permanent preneed sales agent license shall, within
2646	90 days after issuance of the temporary preneed sales agent
2647	license, submit his or her fingerprints to the licensing
2648	authority for a criminal background check, in accordance with s.
2649	497.142. Unless the department determines prior to the
2650	expiration of the temporary preneed sales agent license that the
2651	temporary licensee has a criminal or disciplinary record, the
2652	temporary preneed sales agent license shall automatically be
2653	converted to a permanent preneed sales agent license.
2654	(b)  The department shall promptly give written notice to
2655	the temporary preneed sales agent licensee, and to all preneed
2656	licensees who have the temporary preneed sales agent under
2657	appointment, that such preneed sales agent's temporary license
2658	has been converted to a permanent license, or has lapsed, as the
2659	case may be.
2660	(5)  APPLICANTS WITH A CRIMINAL OR DISCIPLINARY RECORD.--
2661	(a)  A preneed sales agent applicant having a criminal or
2662	disciplinary record shall not be eligible for a temporary
2663	preneed sales agent license. No permanent preneed sales agent
2664	license shall be issued to any person with a criminal or
2665	disciplinary record, except upon approval of the board.
2666	(b)  If, while a temporary preneed sales agent license is
2667	in force, the department determines that the temporary licensee
2668	has a criminal or disciplinary record, the temporary license
2669	shall be immediately suspended and shall not automatically
2670	convert to a permanent preneed sales agent license. The
2671	department shall promptly give written notice of the suspension
2672	to the suspended licensee and to all preneed licensees who have
2673	the suspended preneed sales agent licensee under appointment.
2674	The suspended preneed sales agent licensee may, within 21 days
2675	after the date of suspension, petition the board under paragraph
2676	(c) for issuance of a permanent preneed sales agent license
2677	notwithstanding the criminal or disciplinary record. If no
2678	petition for board review is timely received by the department
2679	or board, the temporary preneed sales agent license shall be
2680	revoked.
2681	(c)  An applicant with a criminal or disciplinary record
2682	who desires a permanent preneed sales agent license shall
2683	petition the board for issuance of such license using forms and
2684	procedures as specified by rule. The board shall issue a
2685	permanent preneed sales agent license to an applicant with a
2686	criminal or disciplinary record if the board determines:
2687	1.  That there was no inaccuracy in the application for
2688	license such as indicates the applicant is untrustworthy.
2689	2.  That the applicant, if issued a preneed sales agent
2690	license, would not pose an unreasonable risk to members of the
2691	public who might deal with the applicant in preneed
2692	transactions.
2693	(d)  The board may issue a preneed sales agent license to
2694	an applicant with a criminal or disciplinary record on a
2695	probationary basis and subject to reasonable terms of probation
2696	not to exceed 24 months in duration.
2697	(6)  TERMINATION OF A PERMANENT PRENEED SALES AGENT LICENSE
2698	DUE TO LACK OF APPOINTMENTS.--A permanent preneed sales agent
2699	license shall remain in force without a requirement for renewal
2700	until such time as there have been no appointments of the
2701	preneed sales agent under the license for 48 consecutive months,
2702	at which time the permanent preneed sales agent license will
2703	terminate. The former preneed sales agent licensee may
2704	thereafter apply for issuance of a new preneed sales agent
2705	license under this section.
2706	(7)  APPOINTMENT OF PRENEED SALES AGENTS.--
2707	(a)  A preneed sales agent licensee may be appointed by as
2708	many preneed licensees as desire to appoint the preneed sales
2709	agent licensee. When a preneed sales agent licensee is appointed
2710	by a preneed licensee, the department shall promptly give
2711	written notice to all other preneed licensees then having that
2712	same preneed sales agent under appointment.
2713	(b)  A preneed licensee may appoint a preneed sales agent
2714	licensee by identifying to the department the preneed sales
2715	agent licensee to be appointed, requesting appointment, and
2716	paying the required appointment fee. The appointment request
2717	shall be signed by the preneed licensee. The department may
2718	accept electronic signatures.
2719	(c)  Appointments shall be effective when made and shall
2720	expire 24 months from the last day of the month in which the
2721	appointment was made unless earlier terminated by the preneed
2722	licensee or the preneed sales agent. No initial appointment of a
2723	preneed sales agent licensee may be made until 24 hours after a
2724	temporary preneed sales agent license is issued to that preneed
2725	sales agent. Appointments are effective only so long as the
2726	preneed sales agent licensee's license is in good standing.
2727	(d)  A preneed licensee is responsible for taking
2728	reasonable steps to ensure that the preneed sales agent
2729	licensees it appoints have adequate training regarding preneed
2730	sales.
2731	(e)  Appointments may be renewed for additional 24-month
2732	periods by notification by the preneed licensee to the
2733	department that the preneed licensee desires to renew the
2734	appointment, accompanied by payment by the preneed licensee of
2735	the appointment renewal fee.
2736	(f)  Initial and renewal appointment fees shall be
2737	nonrefundable and shall be $150 if made through the department's
2738	on-line licensing system and $175 if made using paper forms
2739	requiring manual processing by the department. The board may
2740	from time to time by rule increase said appointment fees but not
2741	to exceed $300.
2742	(g)1.  Appointments may be terminated at any time by the
2743	appointing preneed licensee or by the appointed preneed sales
2744	agent licensee.
2745	2.  Termination of appointment shall be accomplished by
2746	notice of termination conveyed to the department and signed by
2747	the person or entity requesting the termination. The department
2748	may accept electronic signatures. There shall be no fee for
2749	termination of appointment accomplished through the department's
2750	on-line licensing system; however, there shall be a fee of $25
2751	for terminations made using paper forms requiring manual
2752	processing by the department.
2753	3.  When an appointment is terminated, whether by the
2754	preneed licensee or the preneed sales agent licensee, the
2755	department shall promptly provide written confirmation of the
2756	termination to both the preneed sales agent licensee and the
2757	preneed licensee at their respective addresses of record with
2758	the department.
2759	4.  If a preneed licensee terminates the authority of a
2760	preneed sales agent license to sell for the preneed licensee,
2761	the preneed licensee shall, within 30 days after such
2762	termination, terminate the appointment as indicated in
2763	subparagraph 2.
2764	5.  If a preneed sales agent licensee terminates the
2765	preneed sales relationship with a preneed licensee, the preneed
2766	sales agent licensee shall, within 30 days after such
2767	termination, terminate the appointment as indicated in
2768	subparagraph 2.
2769	6.  If the license of a preneed sales agent is suspended or
2770	revoked pursuant to disciplinary action by the licensing
2771	authority against the preneed sales agent, the department shall
2772	promptly give written notice of such action to all preneed
2773	licensees then having that preneed sales agent under
2774	appointment.
2775	(8)  ADMINISTRATIVE MATTERS.--
2776	(a)  The licensing authority shall have rulemaking
2777	authority to prescribe forms and procedures for implementation
2778	of this section.
2779	(b)1.  All persons holding one or more preneed sales agent
2780	licenses in good standing under s. 497.439, as of 11:59 p.m. on
2781	September 30, 2005, shall be deemed as of October 1, 2005, to
2782	hold a permanent preneed sales agent license under this statute
2783	as effective on October 1, 2005.
2784	2.  All persons holding one or more preneed sales agent
2785	licenses in good standing under s. 497.439, as of 11:59 p.m. on
2786	September 30, 2005, shall be deemed as of October 1, 2005, to be
2787	appointed by each preneed licensee in regard to whom they hold a
2788	preneed sales agent license as of 11:59 p.m. on September 30,
2789	2005. Such appointments shall expire on the same date as the
2790	preneed sales agent license would have expired under the law in
2791	effect at 11:59 p.m. on September 30, 2005.
2792	(c)  As used in this section, "criminal record" means and
2793	includes only crimes required to be disclosed under s. 497.142.
2794	(d)  As used in this section, "disciplinary record" means
2795	and includes any instance wherein the applicant has ever had a
2796	license or the authority to practice a profession or occupation
2797	refused, suspended, fined, denied, or otherwise acted against or
2798	disciplined by the licensing authority of any jurisdiction. A
2799	licensing authority's acceptance of a relinquishment of
2800	licensure, stipulation, consent order, or other settlement,
2801	offered in response to or in anticipation of the filing of
2802	charges against the license, shall be construed as action
2803	against the license.
2804	(e)  A preneed licensee shall be responsible for the
2805	activities of all preneed sales agents, and all funeral
2806	directors acting as preneed sales agents, who are affiliated
2807	with the preneed licensee and who perform any type of preneed-
2808	related activity on behalf of the preneed licensee. In addition
2809	to the preneed sales agents and funeral directors acting as
2810	preneed sales agents, each preneed licensee shall also be
2811	subject to discipline if its preneed sales agents or funeral
2812	directors acting as preneed sales agents violate any provision
2813	of this chapter.
2814	(a)  An applicant shall be deemed to have been issued a
2815	temporary preneed sales agent license and may begin functioning
2816	as a preneed sales agent, immediately upon receipt by the
2817	department of a duly completed application for licensure under
2818	this section, if the application shows an applicant of at least
2819	18 years of age who has answered in the negative regarding
2820	paragraphs (2)(d) and (e) relating to prior criminal and
2821	disciplinary actions, and which application is accompanied by
2822	the required application fee. The temporary preneed sales agent
2823	license shall be valid for 90 days unless earlier suspended by
2824	the licensing authority for cause. If the application is
2825	approved by the board within the 90-day period, the temporary
2826	license shall be deemed converted to a regular biennial license
2827	which shall expire in accordance with the schedule established
2828	by the licensing authority by rule.
2829	(b)1.  A person who cannot truthfully answer in the
2830	negative regarding paragraphs (2)(d) and (e) relating to prior
2831	criminal and disciplinary actions, may apply to the licensing
2832	authority for issuance of a preneed sales agent license
2833	notwithstanding such criminal or disciplinary record. The
2834	licensing authority may by rule specify forms and procedures for
2835	use by such persons in applying for preneed sales agent
2836	licensure, to be used by such persons in lieu of the forms and
2837	procedures specified under paragraph (a). Licensure shall be
2838	granted unless the licensing authority reasonably determines
2839	that the prior criminal or disciplinary record indicates that
2840	the granting of licensure would pose unreasonable risk to the
2841	public.
2842	2.  To facilitate issuance of licenses concerning
2843	applicants with criminal or disciplinary records which the
2844	licensing authority judges to make the applicant borderline as
2845	to qualification for licensure, the licensing authority may
2846	issue a new license under this section on a probationary basis,
2847	subject to conditions specified by the licensing authority on a
2848	case-by-case basis, which conditions may impose special
2849	monitoring, reporting, and restrictions on operations for up to
2850	the first 24 months of licensure, to ensure the preneed sales
2851	agent licensee's integrity, trustworthiness, and compliance with
2852	this chapter. Provided, no such probationary license shall be
2853	issued unless the licensing authority determines that issuance
2854	would not pose an unreasonable risk to the public, and the
2855	licensing authority must within 24 months after issuance of the
2856	license either remove the probationary status or determine that
2857	the licensee is not qualified for licensure under this chapter
2858	and institute proceedings for revocation of licensure. The
2859	licensing authority may adopt rules prescribing criteria and
2860	procedures for issuance of such probationary licenses.
2861	(4)  RENEWAL OF LICENSES.--Nontemporary preneed sales agent
2862	licenses under this section shall be renewed biennially in
2863	accordance with a schedule, forms, and procedures established by
2864	rule. The nonrefundable biennial renewal fee shall be as
2865	determined by licensing authority rule but not to exceed $200.
2866	(5)  SIMPLIFIED PROCEDURES FOR SUBSEQUENT CHANGE OF
2867	SPONSORING LICENSEE.--The board may by rule establish simplified
2868	requirements and procedures under which any preneed sales agent,
2869	who within the 12 months preceding application under this
2870	subsection held in good standing a preneed sales agent license
2871	under this section, may obtain a preneed sales agent's license
2872	under this section to represent a different sponsoring preneed
2873	licensee. The simplified requirements shall dispense with the
2874	requirement for submission of fingerprints. The licensing
2875	authority may by rule prescribe forms to be used by applicants
2876	under this subsection, which forms may dispense with the
2877	requirement for any information not deemed by the licensing
2878	authority to be necessary to tracking the identity of the
2879	preneed licensee responsible for the activities of the preneed
2880	sales agent. No preneed sales agent licensee whose sales agent
2881	license issued by the board was revoked or suspended or
2882	otherwise terminated while in other than good standing, shall be
2883	eligible to use the simplified requirements and procedures. The
2884	issuance of a preneed sales agent license under this subsection
2885	shall not operate as a bar to any subsequent disciplinary action
2886	relating to grounds arising prior to obtaining the license under
2887	this subsection. There shall be a fee payable to the department
2888	under such simplified procedures, which fee shall be the same as
2889	the fee paid upon initial application for a preneed sales agent
2890	license, except that no fingerprint fee shall be required if
2891	such fingerprint fee is required for initial applications.
2892	Section 39.  Section 497.468, Florida Statutes, is created
2893	to read:
2894	497.468  Disclosure of information to the public.--A
2895	preneed licensee offering to provide burial rights, merchandise,
2896	or services to the public shall:
2897	(1)  Provide by telephone, upon request, accurate
2898	information regarding the retail prices of burial merchandise
2899	and services offered for sale by the licensee.
2900	(2)  Fully disclose all regularly offered services and
2901	merchandise prior to the customer's selection of burial services
2902	or merchandise. The full disclosure required shall identify the
2903	prices of all burial rights, services, and merchandise provided
2904	by the licensee.
2905	(3)  Not make any false or misleading statements of the
2906	legal requirement as to the necessity of a casket or outer
2907	burial container.
2908	(4)  Provide a good faith estimate of all fees and costs
2909	the customer will incur to use any burial rights, merchandise,
2910	or services purchased.
2911	(5)  Provide to the customer, upon the purchase of any
2912	burial right, merchandise, or service, a written contract the
2913	form of which has been approved by the licensing authority
2914	pursuant to procedures specified by rule. The written contract
2915	shall:
2916	(a)  Be completed as to all essential provisions prior to
2917	the signing of the contract by the customer.
2918	(b)  Provide an itemization of the amounts charged for all
2919	services, merchandise, and fees, which itemization shall be
2920	clearly and conspicuously segregated from everything else on the
2921	written contract.
2922	(c)  Provide a description of the merchandise covered by
2923	the contract to include, when applicable, model, manufacturer,
2924	and other relevant specifications.
2925	(6)  Provide the licensee's policy on cancellation and
2926	refunds to each customer.
2927	(7)  In a manner established by rule of the licensing
2928	authority, provide on the signature page of the written
2929	contract, clearly and conspicuously in boldfaced 10-point type
2930	or larger, the following:
2931	(a)  The words "purchase price."
2932	(b)  The amount to be trusted.
2933	(c)  The amount to be refunded upon contract cancellation.
2934	(d)  The amounts allocated to merchandise, services, and
2935	cash advances.
2936	(e)  The toll-free number of the department which is
2937	available for questions or complaints.
2938	(f)  A statement that the customer shall have 30 days from
2939	the date of execution of contract to cancel the contract and
2940	receive a total refund of all moneys paid for items not used.
2941	(8)  Effective October 1, 2006, display in its offices for
2942	free distribution to all potential customers, and provide to all
2943	customers at the time of sale, a brochure explaining how and by
2944	whom preneed sales are regulated, summarizing consumer rights
2945	under the law, and providing the name, address, and phone number
2946	of the department's consumer affairs division. The format and
2947	content of the brochure shall be as prescribed by rule. The
2948	licensing authority may cause the publication of such brochures
2949	and by rule require that preneed licensees purchase and make
2950	available such brochures as so published, in the licensee's
2951	offices, to all potential customers.
2952	(9)  Provide to each customer a complete description of any
2953	monument, marker, or memorialization to be placed at the
2954	gravesite pursuant to the preneed contract.
2955	Section 40.  Paragraphs (c), (e), (f), and (h) of
2956	subsection (2) of section 497.550, Florida Statutes, as
2957	renumbered and amended by section 118 of chapter 2004-301, Laws
2958	of Florida, are amended, and paragraph (j) is added to said
2959	subsection, to read:
2960	497.550  Licensure of monument establishments required;
2961	procedures and criteria.--
2962	(2)  APPLICATION PROCEDURES.--A person seeking licensure as
2963	a monument establishment shall apply for such licensure using
2964	forms prescribed by rule.
2965	(c)  The applicant shall be required to make disclosure of
2966	the applicant's criminal records, if any, as required by s.
2967	497.142. The application shall require the applicant to disclose
2968	whether the applicant or any of its principals have ever been
2969	convicted or found guilty of, or entered a plea of no contest
2970	to, regardless of adjudication, any crime in any jurisdiction.
2971	(e)  The applicant shall submit fingerprints in accordance
2972	with s. 497.142. The application shall require the applicant's
2973	principals to provide fingerprints in accordance with part I of
2974	this chapter.
2975	(f)  The applicant shall be a natural person at least 18
2976	years of age, a corporation, a partnership, or a limited
2977	liability company formed prior to January 1, 2005, which limited
2978	liability company already holds a license under this chapter.
2979	(h)  The application shall be signed in accordance with s.
2980	497.141(12) by the applicant if a natural person, or by the
2981	president of an applicant that is a corporation.
2982	(j)  Upon receipt of the application and application fee,
2983	the licensing authority shall inspect the proposed monument
2984	establishment facilities in accordance with rules of the
2985	licensing authority.
2986	Section 41.  Section 497.551, Florida Statutes, as created
2987	by chapter 2004-301, Laws of Florida, is amended to read:
2988	497.551  Renewal of monument establishment licensure.--
2989	(1)  A monument establishment license shall must be renewed
2990	biennially by the licensee.
2991	(2)  A monument establishment licensee that does not hold a
2992	preneed sales license as of 90 days prior to the date its
2993	monument establishment license renewal is due, shall renew its
2994	monument establishment license by payment of a renewal fee
2995	established by rule not to exceed $250.
2996	(3)  A monument establishment licensee which as of 90 days
2997	prior to its monument establishment license renewal date also
2998	holds a preneed sales license issued under this chapter, shall
2999	renew its monument establishment license by payment of a renewal
3000	fee determined by its total gross aggregate at-need and preneed
3001	retail sales for the 12-month period ending 2 full calendar
3002	months prior to the month in which the renewal is required, as
3003	follows:
3004	(a)  Total sales of $1 to $50,000, renewal fee $1,000.
3005	(b)  Total sales of $50,001 to $250,000, renewal fee
3006	$1,500.
3007	(c)  Total sales of $250,001 to $500,000, renewal fee
3008	$2,000.
3009	(d)  Total sales over $500,000, renewal fee $2,500.
3010	(3)(4)  Rules may be adopted providing procedures, forms,
3011	and uniform timeframes for monument establishment license
3012	renewals.
3013	Section 42.  Subsection (4) of section 497.552, Florida
3014	Statutes, as created by chapter 2004-301, Laws of Florida, is
3015	amended to read:
3016	497.552  Required facilities.--Effective January 1, 2006, a
3017	monument establishment shall at all times have and maintain a
3018	full-service place of business at a specific street address or
3019	location in Florida complying with the following requirements:
3020	(4)  It shall have facilities on site for inscribing
3021	monuments and equipment to deliver and install markers and
3022	monuments.
3023	Section 43.  Subsections (1) and (5) of section 497.553,
3024	Florida Statutes, as created by chapter 2004-301, Laws of
3025	Florida, are amended, and subsection (6) is added to said
3026	section, to read:
3027	497.553  Regulation of monument establishments.--
3028	(1)  The Department of Financial Services shall establish
3029	and implement an inspection program for all monument
3030	establishments in accordance with the requirements of this act.
3031	The board shall set by rule an annual inspection fee not to
3032	exceed $300, payable upon application for licensure and upon
3033	each renewal of such license.
3034	(5)  Commencing January 1, 2006, the failure of a monument
3035	establishment to deliver and install a purchased monument or
3036	marker by the date agreed in the sales agreement shall entitle
3037	the customer to a full refund of all amounts paid by the
3038	customer for the monument and its delivery and installation,
3039	unless the monument establishment has obtained a written
3040	agreement from the customer extending the delivery date. Such
3041	refund shall be made within 30 days after receipt by the
3042	monument establishment of the customer's written request for a
3043	refund. This subsection does not preclude the purchase and
3044	installation of a new monument from any other registered
3045	monument establishment or preneed sales licensee.
3046	(6)(a)  A change in ownership shall be promptly reported
3047	using forms and procedures specified by rule and may require the
3048	relicensure of the licensee, including reinspection and payment
3049	of applicable fees, as required by rule.
3050	(b)  A change in location shall be promptly reported to the
3051	licensing authority pursuant to procedures established by rule.
3052	Operations by the licensee at a new location may not commence
3053	until an inspection by the licensing authority of the
3054	facilities, pursuant to rules of the licensing authority, has
3055	been conducted and passed at the new location.
3056	Section 44.  Paragraph (b) of subsection (2) and subsection
3057	(4) of section 497.554, Florida Statutes, as created by chapter
3058	2004-301, Laws of Florida, are amended, and subsection (7) is
3059	added to said section, to read:
3060	497.554  Monument establishment sales representatives.--
3061	(2)  APPLICATION PROCEDURES.--Licensure as a monument
3062	establishment sales agent shall be by submission of an
3063	application for licensure to the department on a form prescribed
3064	by rule.
3065	(b)  The applicant shall be required to make disclosure of
3066	the applicant's criminal records, if any, as required by s.
3067	497.142. The applicant shall submit fingerprints in accordance
3068	with s. 497.142. The application shall require the applicant to
3069	disclose whether the applicant has ever been convicted or found
3070	guilty of, or entered a plea of no contest to, regardless of
3071	adjudication, any crime in any jurisdiction.
3072	(4)  RENEWAL; TERMINATION OF AUTHORITY.--
3073	(a)  A monument establishment sales agent license under
3074	this section shall be renewed upon payment of a fee determined
3075	by rule of the licensing authority but not to exceed $250. Once
3076	issued, a monument establishment sales agent license of an agent
3077	not licensed to make preneed sales shall remain in effect
3078	without renewal until surrendered, or the sponsoring monument
3079	establishment terminates the agent's authority to sell on behalf
3080	of that monument establishment, or the license is revoked or
3081	suspended by the licensing authority for cause.
3082	(b)  The monument establishment whose officer signed the
3083	sales agent application shall terminate that agent's authority
3084	to sell on behalf of that monument establishment, and the
3085	monument establishment in writing shall advise the licensing
3086	authority of such termination within 30 days after the
3087	termination.
3088	(7)  EFFECTIVE DATE.--The provisions of this section shall
3089	take effect October 1, 2006.
3090	Section 45.  Section 497.555, Florida Statutes, as created
3091	by chapter 2004-301, Laws of Florida, is amended to read:
3092	497.555  Required rules.--Rules shall be adopted
3093	establishing minimum standards for access to all cemeteries by
3094	licensed monument establishments for the purpose of delivering
3095	and installing markers and monuments. In all cases, cemeteries
3096	and monument establishments shall must comply with these minimum
3097	standards.
3098	Section 46.  Paragraphs (d) and (f) of subsection (2) of
3099	section 497.602, Florida Statutes, as renumbered and amended by
3100	section 127 of chapter 2004-301, Laws of Florida, are amended to
3101	read:
3102	497.602  Direct disposers, license required; licensing
3103	procedures and criteria; regulation.--
3104	(2)  APPLICATION PROCEDURES.--
3105	(d)  The applicant shall be required to make disclosure of
3106	the applicant's criminal records, if any, as required by s.
3107	497.142. The application shall require the applicant to disclose
3108	whether the applicant has ever been convicted or found guilty
3109	of, or entered a plea of no contest to, regardless of
3110	adjudication, any crime in any jurisdiction.
3111	(f)  The applicant shall submit fingerprints in accordance
3112	with s. 497.142. The application shall require the applicant to
3113	provide fingerprints in accordance with part I of this chapter.
3114	Section 47.  Subsection (1) of section 497.603, Florida
3115	Statutes, as renumbered and amended by section 128 of chapter
3116	2004-301, Laws of Florida, is amended to read:
3117	497.603  Direct disposers, renewal of license.--
3118	(1)  A direct disposer's license shall be renewed upon
3119	receipt of the renewal application and fee set by rule of the
3120	licensing authority but not to exceed $500 $250.
3121	Section 48.  Paragraphs (f), (h), and (j) of subsection
3122	(2), paragraphs (a) and (b) of subsection (3), and subsection
3123	(7) of section 497.604, Florida Statutes, as renumbered and
3124	amended by section 129 of chapter 2004-301, Laws of Florida, are
3125	amended, and paragraph (f) is added to subsection (9) of said
3126	section, to read:
3127	497.604  Direct disposal establishments, license required;
3128	licensing procedures and criteria; license renewal;
3129	regulation.--
3130	(2)  APPLICATION PROCEDURES.--
3131	(f)  The applicant shall be required to make disclosure of
3132	the applicant's criminal records, if any, as required by s.
3133	497.142. The application shall require the applicant to disclose
3134	whether the applicant or any of the applicant's principals
3135	including its proposed supervising licensee has ever been
3136	convicted or found guilty of, or entered a plea of no contest
3137	to, regardless of adjudication, any crime in any jurisdiction.
3138	(h)  The applicant shall submit fingerprints in accordance
3139	with s. 497.142. The application shall require the applicant and
3140	its principals to provide fingerprints in accordance with part I
3141	of this chapter.
3142	(j)  The application shall be signed in accordance with s.
3143	497.141(12) by the applicant if a natural person or by the
3144	president of an applicant that is not a natural person.
3145	(3)  ACTION CONCERNING APPLICATIONS.--A duly completed
3146	application for licensure under this section, accompanied by the
3147	required fee, shall be approved if the licensing authority
3148	determines that the following conditions are met:
3149	(a)  The applicant is a natural person at least 18 years of
3150	age, a corporation, a partnership, or a limited liability
3151	company formed prior to January 1, 2006, which limited liability
3152	company already holds a license under this chapter.
3153	(b)  The applicant does or will prior to commencing
3154	operations under the license comply with all requirements of
3155	this chapter relating to the license applied for. The applicant
3156	shall have passed an inspection prior to issuance of a license
3157	under this section, in accordance with rules of the licensing
3158	authority.
3159	(7)  CHANGES SUBSEQUENT TO LICENSURE.--Each licensee under
3160	this section shall must provide notice as required by rule prior
3161	to any change in location or control of the licensee or licensed
3162	person in charge of the licensee's operations. A Any such change
3163	in control is subject to approval by the licensing authority and
3164	disapproval or to reasonable conditions imposed by the licensing
3165	authority, for the protection of the public to ensure compliance
3166	with this chapter. Operations by the licensee at a new location
3167	may not commence until an inspection by the licensing authority
3168	of the facilities at the new location, pursuant to rules of the
3169	licensing authority, has been conducted and passed.
3170	(9)  REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.--
3171	(f)  A direct disposal establishment shall retain all
3172	signed contracts for a period of at least 2 years.
3173	Section 49.  Paragraphs (f), (h), and (j) of subsection
3174	(2), paragraph (b) of subsection (3), subsection (7), and
3175	paragraphs (i), (j), and (k) of subsection (9) of section
3176	497.606, Florida Statutes, as renumbered and amended by section
3177	131 of chapter 2004-301, Laws of Florida, are amended to read:
3178	497.606  Cinerator facility, licensure required; licensing
3179	procedures and criteria; license renewal; regulation.--
3180	(2)  APPLICATION PROCEDURES.--
3181	(f)  The applicant shall be required to make disclosure of
3182	the applicant's criminal records, if any, as required by s.
3183	497.142. The application shall require the applicant to disclose
3184	whether the applicant or any of the applicant's principals
3185	including its proposed supervising licensee has ever been
3186	convicted or found guilty of, or entered a plea of no contest
3187	to, regardless of adjudication, any crime in any jurisdiction.
3188	(h)  The applicant shall submit fingerprints in accordance
3189	with s. 497.142. The application shall require the applicant and
3190	its principals to provide fingerprints in accordance with part I
3191	of this chapter.
3192	(j)  The application shall be signed in accordance with s.
3193	497.141(12) by the applicant if a natural person or by the
3194	president of an applicant that is not a natural person.
3195	(3)  ACTION CONCERNING APPLICATIONS.--A duly completed
3196	application for licensure under this section, accompanied by the
3197	required fee, shall be approved if the licensing authority
3198	determines that the following conditions are met:
3199	(b)  The applicant is a natural person at least 18 years of
3200	age, a corporation, a partnership, or a limited liability
3201	company formed prior to January 1, 2006, which limited liability
3202	company already holds a license under this chapter.
3203	(7)  CHANGES SUBSEQUENT TO LICENSURE.--Each licensee under
3204	this section shall must provide notice as required by rule prior
3205	to any change in location or, control of the licensee, or
3206	licensed person in charge of the licensee's operations. A Any
3207	such change in control is subject to approval by the licensing
3208	authority and disapproval or to reasonable conditions imposed by
3209	the licensing authority, for the protection of the public to
3210	ensure compliance with this chapter. Operations by the licensee
3211	at a new location may not commence until an inspection by the
3212	licensing authority of the facilities, pursuant to rules of the
3213	licensing authority, has been conducted and passed at the new
3214	location.
3215	(9)  REGULATION OF CINERATOR FACILITIES.--
3216	(i)  There shall be adopted by rule criteria for acceptable
3217	cremation and alternative containers.
3218	(i)(j)  There shall be rules adopted requiring each
3219	facility to submit periodic reports to the department that which
3220	include the names of persons cremated, the date and county of
3221	death, the name of each person supervising each cremation, the
3222	name and license number of the establishment requesting
3223	cremation, and the types of containers used to hold the body
3224	during cremation.
3225	(j)(k)  Each cinerator facility shall must be inspected
3226	prior to the initial issuance and renewal of its license and
3227	annually thereafter and shall:
3228	1.  Maintain one or more retorts for the reduction of dead
3229	human bodies.
3230	2.  Maintain refrigeration that satisfies the standards set
3231	by the Department of Health and contains a sufficient
3232	refrigerated space number of shelves for the average daily
3233	number of bodies stored, if unembalmed bodies are kept at the
3234	site.
3235	3.  Maintain sufficient pollution control equipment to
3236	comply with requirements of the Department of Environmental
3237	Protection in order to secure annual approved certification.
3238	4.  Either have on site or immediately available sufficient
3239	gasketed sealed containers of a type required for the
3240	transportation of bodies as specified in applicable state rules.
3241	5.  Maintain the premises in a clean and sanitary
3242	condition.
3243	6.  Have appropriate Department of Environmental Protection
3244	permits.
3245	7.  Retain all signed contracts for a period of at least 2
3246	years.
3247	Section 50.  Subsection (3) of section 497.607, Florida
3248	Statutes, as renumbered and amended by section 132 of chapter
3249	2004-301, Laws of Florida, is amended, and subsection (4) is
3250	added to said section, to read:
3251	497.607  Cremation; procedure required.--
3252	(3)  Pursuant to the request of a legally authorized person
3253	and incidental to final disposition, cremation may be performed
3254	on parts of human remains. This subsection does not authorize
3255	the cremation of body parts as defined in s. 497.005.
3256	(4)  In regard to unclaimed human remains delivered
3257	pursuant to s. 406.50 to the control of the anatomical board of
3258	this state headquartered at the University of Florida Health
3259	Science Center, the provisions of this section and chapter shall
3260	not be construed to prohibit said anatomical board from causing
3261	the final disposition of such unclaimed human remains through
3262	cremation by chemical means or otherwise when performed in
3263	facilities owned and operated by such anatomical board or the
3264	University of Florida Health Science Center pursuant to and
3265	using such processes, equipment, and procedures as said
3266	anatomical board determines to be proper and adequate.
3267	Section 51.  Section 152 of chapter 2004-301, Laws of
3268	Florida, is amended to read:
3269	Section 152.  (1)  The rules of the Board of Funeral
3270	Directors and Embalmers and of the Department of Business and
3271	Professional Regulation relating to the Board of Funeral
3272	Directors and Embalmers or implementation of chapter 470,
3273	Florida Statutes, that which were in effect at 11:59 p.m. on the
3274	day prior to this act taking effect shall become, on the
3275	subjects they address, the rules of the Department of Financial
3276	Services and the Board of Funeral, Cemetery, and Consumer
3277	Services and shall remain in effect until amended or repealed in
3278	the manner provided by law.
3279	(2)  The rules of the Board of Funeral and Cemetery
3280	Services that which were in effect at 11:59 p.m. on the day
3281	prior to this act taking effect shall become, on the subjects
3282	they address, the rules of the Department of Financial Services
3283	and the Board of Funeral, Cemetery, and Consumer Services and
3284	shall remain in effect until specifically amended or repealed in
3285	the manner provided by law.
3286	(3)  The rules of the Department of Financial Services
3287	relating to chapter 497, Florida Statutes, that which were in
3288	effect at 11:59 p.m. on the day prior to this act taking effect
3289	shall continue in force until thereafter repealed or amended
3290	pursuant to chapter 120, Florida Statutes, and this act.
3291	Section 52.  Subsection (3) of section 626.785, Florida
3292	Statutes, is amended to read:
3293	626.785  Qualifications for license.--
3294	(3)  Notwithstanding any other provisions of this chapter,
3295	a funeral director, a direct disposer, or an employee of a
3296	funeral establishment that which holds a certificate of
3297	authority pursuant to s. 497.405 may obtain an agent's license
3298	to sell only policies of life insurance covering the expense of
3299	a prearrangement for funeral services or merchandise so as to
3300	provide funds at the time the services and merchandise are
3301	needed. The face amount of insurance covered by any such policy
3302	shall not exceed $12,500 $7,500.
3303	Section 53.  Sections 497.275, 497.388, and 497.556,
3304	Florida Statutes, are repealed.
3305	Section 54.  This act shall take effect October 1, 2005.

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