HB 0529

CS

CHAMBER ACTION

1	The Commerce Council 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.; creating two categories of monument
145	establishment licensure and providing certain requirements
146	for such categories; revising application procedures for
147	licensure as a monument establishment; requiring
148	inspection of proposed monument establishment facilities;
149	amending s. 497.551, F.S.; revising requirements for
150	renewal of monument establishment licensure; amending s.
151	497.552, F.S.; revising facility requirements for monument
152	establishments; amending s. 497.553, F.S.; requiring the
153	board to set an annual inspection fee for monument
154	establishment licensees; providing a cap for such fee;
155	providing requirements for change of ownership and
156	location of monument establishments; amending s. 497.554,
157	F.S.; revising application procedure and renewal
158	requirements for monument establishment sales
159	representatives; deferring application of section;
160	amending s. 497.555, F.S.; requiring monument
161	establishments to comply with rules establishing minimum
162	standards for access to cemeteries; amending s. 497.602,
163	F.S.; revising application procedures for direct disposer
164	licensure; amending s. 497.603, F.S.; raising the cap on
165	direct disposer license renewal fees; amending s. 497.604,
166	F.S.; revising provisions relating to direct disposal
167	establishment licensure and application for such
168	licensure; revising provisions relating to the regulation
169	of direct disposal establishments; amending s. 497.606,
170	F.S.; revising provisions relating to cinerator facility
171	licensure and application for such licensure; revising
172	provisions relating to the regulation of cinerator
173	facilities; amending s. 497.607, F.S.; providing that the
174	anatomical board at the University of Florida Health
175	Science Center is not prohibited from causing the final
176	disposition of unclaimed human remains under certain
177	circumstances; amending s. 152, ch. 2004-301, Laws of
178	Florida; specifying applicability of rules; amending s.
179	626.785, F.S.; revising a policy coverage limit; repealing
180	s. 497.275, F.S., relating to identification of human
181	remains in licensed cemeteries; repealing s. 497.388,
182	F.S., relating to identification of human remains;
183	repealing s. 497.556, F.S., relating to requirements
184	relating to monument establishments; providing an
185	effective date.
186
187	Be it enacted by the Legislature of the State of Florida:
188
189	Section 1.  Paragraph (a) of subsection (2) of section
190	316.1974, Florida Statutes, is amended to read:
191	316.1974  Funeral procession right-of-way and liability.--
192	(2)  EQUIPMENT.--
193	(a)  All non-law enforcement funeral escort vehicles and
194	funeral lead vehicles shall be equipped with at least one
195	lighted circulation lamp exhibiting an amber or purple light or
196	lens visible under normal atmospheric conditions for a distance
197	of 500 feet from the front of the vehicle. Flashing amber or
198	purple lights may be used only when such vehicles are used in a
199	funeral procession.
200	Section 2.  Section 497.005, as amended by chapter 2004-
201	301, Laws of Florida, is amended to read:
202	497.005  Definitions.--As used in this chapter:
203	(1)  "Alternative container" means an unfinished wood box
204	or other a nonmetal receptacle or enclosure, without
205	ornamentation or a fixed interior lining, that is designed for
206	the encasement of human remains and that is made of fiberboard,
207	pressed wood, composition materials (with or without an outside
208	covering), or like materials which is less expensive than a
209	casket and of sufficient strength to be used to hold and
210	transport a dead human body.
211	(2)  "At-need solicitation" means any uninvited contact by
212	a licensee or her or his agent for the purpose of the sale of
213	burial services or merchandise to the family or next of kin of a
214	person after her or his death has occurred.
215	(3)  "Bank of belowground crypts" means any construction
216	unit of belowground crypts that which is acceptable to the
217	department and that which a cemetery uses to initiate its
218	belowground crypt program or to add to existing belowground
219	crypt structures.
220	(4)  "Belowground crypts" consist of interment space in
221	preplaced chambers, either side by side or multiple depth,
222	covered by earth and sod and known also as "lawn crypts,"
223	"westminsters," or "turf-top crypts."
224	(5)  "Board" means the Board of Funeral, Cemetery, and
225	Consumer Services.
226	(6)  "Body parts" means:
227	(a)  Limbs or other portions of the anatomy which are
228	removed from a person or human remains for medical purposes
229	during treatment, surgery, biopsy, autopsy, or medical research;
230	or
231	(b)  Human bodies or any portions of human bodies which
232	have been donated to science for medical research purposes.
233	(6)(7)  "Burial merchandise," "funeral merchandise," or
234	"merchandise" means any personal property offered or sold by any
235	person for use in connection with the final disposition,
236	memorialization, interment, entombment, or inurnment of human
237	remains or cremated remains, including, but not limited to,
238	caskets, outer burial containers, alternative containers,
239	cremation containers, cremation interment containers, urns,
240	monuments, private mausoleums, flowers, benches, vases,
241	acknowledgment cards, register books, memory folders, prayer
242	cards, and clothing.
243	(7)(8)  "Burial right" means the right to use a grave
244	space, mausoleum, columbarium, ossuary, or scattering garden for
245	the interment, entombment, inurnment, or other disposition of
246	human remains or cremated remains.
247	(8)(9)  "Burial service," "funeral service," or "service"
248	means any service offered or provided by any person in
249	connection with the final disposition, memorialization,
250	interment, entombment, or inurnment of human remains or cremated
251	remains.
252	(9)(10)  "Care and maintenance" means the perpetual process
253	of keeping a cemetery and its lots, graves, grounds,
254	landscaping, roads, paths, parking lots, fences, mausoleums,
255	columbaria, vaults, crypts, utilities, and other improvements,
256	structures, and embellishments in a well-cared-for and dignified
257	condition, so that the cemetery does not become a nuisance or
258	place of reproach and desolation in the community. As specified
259	in the rules of the licensing authority, "care and maintenance"
260	may include, but is not limited to, any or all of the following
261	activities: mowing the grass at reasonable intervals; raking and
262	cleaning the grave spaces and adjacent areas; pruning of shrubs
263	and trees; suppression of weeds and exotic flora; and
264	maintenance, upkeep, and repair of drains, water lines, roads,
265	buildings, and other improvements. "Care and maintenance" may
266	include, but is not limited to, reasonable overhead expenses
267	necessary for such purposes, including maintenance of machinery,
268	tools, and equipment used for such purposes. "Care and
269	maintenance" may also include repair or restoration of
270	improvements necessary or desirable as a result of wear,
271	deterioration, accident, damage, or destruction. "Care and
272	maintenance" does not include expenses for the construction and
273	development of new grave spaces or interment structures to be
274	sold to the public.
275	(10)(11)  "Casket" means a rigid container that which is
276	designed for the encasement of human remains and that which is
277	usually constructed of wood or metal, ornamented, and lined with
278	fabric.
279	(11)(12)  "Cemetery" means a place dedicated to and used or
280	intended to be used for the permanent interment of human remains
281	or cremated remains. A cemetery may contain land or earth
282	interment; mausoleum, vault, or crypt interment; a columbarium,
283	ossuary, scattering garden, or other structure or place used or
284	intended to be used for the interment or disposition of cremated
285	remains; or any combination of one or more of such structures or
286	places.
287	(12)(13)  "Cemetery company" means any legal entity that
288	owns or controls cemetery lands or property.
289	(13)(14)  "Centralized embalming facility" means a
290	facility, not physically connected with a funeral establishment,
291	in which embalming takes place that operates independently of a
292	funeral establishment licensee and that offers embalming
293	services to funeral directors for a fee.
294	(14)(15)  "Cinerator" means a facility where dead human
295	bodies are subjected to cremation. reduced to a residue,
296	including bone fragments, by direct flame, also known as
297	"cremation," or by intense heat, also known as "calcination."
298	(15)(16)  "Closed container" means any container in which
299	cremated remains can be placed and closed in a manner so as to
300	prevent leakage or spillage of the remains.
301	(16)(17)  "Columbarium" means a structure or building that
302	which is substantially exposed above the ground and that which
303	is intended to be used for the inurnment of cremated remains.
304	(17)(18)  "Common business enterprise" means a group of two
305	or more business entities that share common ownership in excess
306	of 50 percent.
307	(18)(19)  "Control" means the possession, directly or
308	indirectly, through the ownership of voting shares, by contract,
309	arrangement, understanding, relationship, or otherwise, of the
310	power to direct or cause the direction of the management and
311	policies of a person or entity. However, a person or entity
312	shall not be deemed to have control if the person or entity
313	holds voting shares, in good faith and not for the purpose of
314	circumventing this definition, as an agent, bank, broker,
315	nominee, custodian, or trustee for one or more beneficial owners
316	who do not individually or as a group have control.
317	(19)(20)  "Cremated remains" means all the remains of the
318	human body recovered after the completion of the cremation
319	process, including processing or pulverization that which leaves
320	only bone fragments reduced to unidentifiable dimensions and may
321	include the residue of any foreign matter, including casket
322	material, bridgework, or eyeglasses that were cremated with the
323	human remains.
324	(20)(21)  "Cremation" means any mechanical or thermal
325	process whereby a dead human body is reduced to ashes and bone
326	fragments. Cremation also includes any other mechanical or
327	thermal process whereby human remains are pulverized, burned,
328	recremated, or otherwise further reduced in size or quantity the
329	technical process, using direct flame and heat or chemical
330	means, which reduces human remains to bone fragments through
331	heat and evaporation. Cremation includes the processing and
332	usually includes the pulverization of the bone fragments.
333	(21)(22)  "Cremation chamber" means the enclosed space
334	within which the cremation process takes place. Cremation
335	chambers covered by these procedures shall must be used
336	exclusively for the cremation of human remains.
337	(22)(23)  "Cremation container" means the casket or
338	alternative container in which the human remains are transported
339	to and placed in the cremation chamber for a cremation. A
340	cremation container should meet substantially all of the
341	following standards:
342	(a)  Be composed of readily combustible materials suitable
343	for cremation.
344	(b)  Be able to be closed in order to provide a complete
345	covering for the human remains.
346	(c)  Be resistant to leakage or spillage.
347	(d)  Be rigid enough to be handled with ease.
348	(e)  Be able to provide protection for the health, safety,
349	and personal integrity of crematory personnel.
350	(23)(24)  "Cremation interment container" means a rigid
351	outer container that, subject to a cemetery's rules and
352	regulations, is composed of concrete, steel, fiberglass, or some
353	similar material in which an urn is placed prior to being
354	interred in the ground and that is designed to support the earth
355	above the urn.
356	(24)(25)  "Department" means the Department of Financial
357	Services.
358	(25)(26)  "Direct disposal establishment" means a facility
359	licensed under this chapter where a direct disposer practices
360	direct disposition.
361	(26)(27)  "Direct disposer" means any person licensed under
362	this chapter to practice direct disposition in this state.
363	(27)(28)  "Director" means the director of the Division of
364	Funeral, Cemetery, and Consumer Services.
365	(28)(29)  "Disinterment" means removal of a dead human body
366	from earth interment or aboveground interment.
367	(29)(30)  "Division" means the Division of Funeral,
368	Cemetery, and Consumer Services within the Department of
369	Financial Services.
370	(30)(31)  "Embalmer" means any person licensed under this
371	chapter to practice embalming in this state.
372	(31)(32)  "Final disposition" means the final disposal of a
373	dead human body by earth interment, aboveground interment,
374	cremation, burial at sea, or delivery to a medical institution
375	for lawful dissection if the medical institution assumes
376	responsibility for disposal. "Final disposition" does not
377	include the disposal or distribution of cremated remains ashes
378	and residue of cremated remains.
379	(32)(33)  "Funeral" or "funeral service" means the
380	observances, services, or ceremonies held to commemorate the
381	life of a specific deceased human being and at which the human
382	remains are present.
383	(33)(34)  "Funeral director" means any person licensed
384	under this chapter to practice funeral directing in this state.
385	(34)(35)  "Funeral establishment" means a facility licensed
386	under this chapter where a funeral director or embalmer
387	practices funeral directing or embalming.
388	(36)  "Funeral merchandise" or "merchandise" means any
389	merchandise commonly sold in connection with the funeral, final
390	disposition, or memorialization of human remains, including, but
391	not limited to, caskets, outer burial containers, alternative
392	containers, cremation containers, cremation interment
393	containers, urns, monuments, private mausoleums, flowers,
394	benches, vases, acknowledgment cards, register books, memory
395	folders, prayer cards, and clothing.
396	(35)(37)  "Grave space" means a space of ground in a
397	cemetery intended to be used for the interment in the ground of
398	human remains.
399	(36)(38)  "Human remains" or "remains," or "dead human
400	body" or "dead human bodies," means the body of a deceased human
401	person for which a death certificate or fetal death certificate
402	is required under chapter 382 and includes the body in any stage
403	of decomposition and the residue of cremated human bodies.
404	(37)(39)  "Legally authorized person" means, in the
405	priority listed, the decedent, when written inter vivos
406	authorizations and directions are provided by the decedent; the
407	surviving spouse, unless the spouse has been arrested for
408	committing against the deceased an act of domestic violence as
409	defined in s. 741.28 that which resulted in or contributed to
410	the death of the deceased; a son or daughter who is 18 years of
411	age or older; a parent; a brother or sister who is 18 years of
412	age or older; a grandchild who is 18 years of age or older; a
413	grandparent; or any person in the next degree of kinship. In
414	addition, the term may include, if no family member exists or is
415	available, the guardian of the dead person at the time of death;
416	the personal representative of the deceased; the attorney in
417	fact of the dead person at the time of death; the health
418	surrogate of the dead person at the time of death; a public
419	health officer; the medical examiner, county commission, or
420	administrator acting under part II of chapter 406 or other
421	public administrator; a representative of a nursing home or
422	other health care institution in charge of final disposition; or
423	a friend or other person not listed in this subsection who is
424	willing to assume the responsibility as the legally authorized
425	person. Where there is a person in any priority class listed in
426	this subsection, the funeral establishment shall rely upon the
427	authorization of any one legally authorized person of that class
428	if that person individual represents that she or he is not aware
429	of any objection to the cremation of the deceased's human
430	remains by others in the same class of the person making the
431	representation or of any person in a higher priority class.
432	(38)(40)  "License" includes all authorizations required or
433	issued under this chapter, except where expressly indicated
434	otherwise, and shall be understood to include authorizations
435	previously referred to as registrations or certificates of
436	authority in chapters 470 and 497 as those chapters appeared in
437	the 2004 edition of the Florida Statutes.
438	(39)(41)  "Licensee" means the person or entity holding any
439	license or other authorization issued under this chapter, except
440	where expressly indicated otherwise.
441	(40)(42)  "Mausoleum" means a structure or building that
442	which is substantially exposed above the ground and that which
443	is intended to be used for the entombment of human remains.
444	(41)(43)  "Mausoleum section" means any construction unit
445	of a mausoleum that which is acceptable to the department and
446	that which a cemetery uses to initiate its mausoleum program or
447	to add to its existing mausoleum structures.
448	(42)(44)  "Monument" means any product used for identifying
449	a grave site and cemetery memorials of all types, including
450	monuments, markers, and vases.
451	(43)(45)  "Monument establishment" means a facility that
452	operates independently of a cemetery or funeral establishment
453	and that offers to sell monuments or monument services to the
454	public for placement in a cemetery.
455	(44)(46)  "Net assets" means the amount by which the total
456	assets of a licensee, excluding goodwill, franchises, customer
457	lists, patents, trademarks, and receivables from or advances to
458	officers, directors, employees, salespersons, and affiliated
459	companies, exceed total liabilities of the licensee. For
460	purposes of this definition, the term "total liabilities" does
461	not include the capital stock, paid-in capital, or retained
462	earnings of the licensee.
463	(45)(47)  "Net worth" means total assets minus total
464	liabilities pursuant to generally accepted accounting
465	principles.
466	(46)(48)  "Niche" means a compartment or cubicle for the
467	memorialization or permanent placement of a container or urn
468	containing cremated remains.
469	(47)(49)  "Ossuary" means a receptacle used for the
470	communal placement of cremated remains without benefit of an urn
471	or any other container in which cremated remains may be
472	commingled with other cremated remains and are nonrecoverable.
473	It may or may not include memorialization.
474	(48)(50)  "Outer burial container" means an enclosure into
475	which a casket is placed and includes, but is not limited to,
476	vaults made of concrete, steel, fiberglass, or copper; sectional
477	concrete enclosures; crypts; and wooden enclosures.
478	(49)(51)  "Person," when used without qualification such as
479	"natural" or "individual," includes both natural persons and
480	legal entities.
481	(50)(52)  "Personal residence" means any residential
482	building in which one temporarily or permanently maintains her
483	or his abode, including, but not limited to, an apartment or a
484	hotel, motel, nursing home, convalescent home, home for the
485	aged, or a public or private institution.
486	(51)(53)  "Practice of direct disposition" means the
487	cremation of human remains without preparation of the human
488	remains by embalming and without any attendant services or rites
489	such as funeral or graveside services or the making of
490	arrangements for such final disposition.
491	(52)(54)  "Practice of embalming" means disinfecting or
492	preserving or attempting to disinfect or preserve dead human
493	bodies by replacing certain body fluids with preserving and
494	disinfecting chemicals.
495	(53)(55)  "Practice of funeral directing" means the
496	performance by a licensed funeral director of any of those
497	functions authorized by s. 497.372.
498	(54)(56)  "Preneed contract" means any arrangement or
499	method, of which the provider of funeral merchandise or services
500	has actual knowledge, whereby any person agrees to furnish
501	funeral merchandise or service in the future.
502	(55)(57)  "Preneed sales agent" means any person who is
503	licensed under this chapter to sell preneed burial or funeral
504	service and merchandise contracts or direct disposition
505	contracts in this state.
506	(56)(58)  "Principal" means and includes the sole
507	proprietor of a sole proprietorship; all partners of a
508	partnership; all members of a limited liability company;
509	regarding a corporation, all directors and officers, and all
510	stockholders controlling more than 10 percent of the voting
511	stock; and all other persons who can exercise control over the
512	person or entity.
513	(57)(59)  "Processing" means the reduction of identifiable
514	bone fragments after the completion of the cremation process to
515	unidentifiable bone fragments by manual means.
516	(58)(60)  "Profession" and "occupation" are used
517	interchangeably in this chapter. The use of the word
518	"profession" in this chapter with respect to any activities
519	regulated under this chapter shall not be deemed to mean that
520	such activities are not occupations for other purposes in state
521	or federal law.
522	(59)(61)  "Pulverization" means the reduction of
523	identifiable bone fragments after the completion of the
524	cremation and processing to granulated particles by manual or
525	mechanical means.
526	(60)(62)  "Refrigeration facility" means a facility that is
527	operated independently of not physically connected with a
528	funeral establishment, crematory, or direct disposal
529	establishment, that maintains space and equipment for the
530	storage and refrigeration of dead human bodies, and that offers
531	its service to funeral directors, and funeral establishments,
532	direct disposers, direct disposal establishments, or crematories
533	for a fee.
534	(61)(63)  "Religious institution" means an organization
535	formed primarily for religious purposes that which has qualified
536	for exemption from federal income tax as an exempt organization
537	under the provisions of s. 501(c)(3) of the Internal Revenue
538	Code of 1986, as amended.
539	(62)(64)  "Removal service" means any service that operates
540	independently of a funeral establishment or a direct disposal
541	establishment, that handles the initial removal of dead human
542	bodies, and that offers its service to funeral establishments
543	and direct disposal establishments for a fee.
544	(63)(65)  "Rules" refers to rules adopted under this
545	chapter unless expressly indicated to the contrary.
546	(64)(66)  "Scattering garden" means a location set aside,
547	within a cemetery, that which is used for the spreading or
548	broadcasting of cremated remains that have been removed from
549	their container and can be mixed with or placed on top of the
550	soil or ground cover or buried in an underground receptacle on a
551	commingled basis and that are nonrecoverable. It may or may not
552	include memorialization.
553	(65)(67)  "Servicing agent" means any person acting as an
554	independent contractor whose fiduciary responsibility is to
555	assist both the trustee and licensee in administrating their
556	responsibilities pursuant to this chapter.
557	(66)(68)  "Solicitation" means any communication that which
558	directly or implicitly requests an immediate oral response from
559	the recipient.
560	(67)(69)  "Statutory accounting" means generally accepted
561	accounting principles, except as modified by this chapter.
562	(68)(70)  "Temporary container" means a receptacle for
563	cremated remains usually made of cardboard, plastic, or similar
564	material designated to hold the cremated remains until an urn or
565	other permanent container is acquired.
566	(69)(71)  "Urn" means a receptacle designed to permanently
567	encase cremated remains.
568	Section 3.  Subsection (2) of section 497.101, Florida
569	Statutes, as amended by chapter 2004-301, Laws of Florida, is
570	amended, and subsection (8) is added to said section, to read:
571	497.101  Board of Funeral, Cemetery, and Consumer Services;
572	membership; appointment; terms.--
573	(2)  Two members of the board shall must be funeral
574	directors licensed under part III of this chapter who are
575	associated with a funeral establishment. One member of the board
576	shall must be a funeral director licensed under part III of this
577	chapter who is associated with a funeral establishment licensed
578	under part III of this chapter that which has a valid preneed
579	license issued pursuant to this chapter and who owns or operates
580	a cinerator facility approved under chapter 403 and licensed
581	under part VI of this chapter. Two members of the board shall
582	must be persons whose primary occupation is associated with a
583	cemetery company licensed pursuant to this chapter. Three
584	members of the board shall must be consumers who are residents
585	of the state, have never been licensed as funeral directors or
586	embalmers, are not connected with a cemetery or cemetery company
587	licensed pursuant to this chapter, and are not connected with
588	the death care industry or the practice of embalming, funeral
589	directing, or direct disposition. One of the consumer members
590	shall must be at least 60 years of age, and one shall must be
591	licensed as a certified public accountant under chapter 473. One
592	member of the board shall must be a monument establishment
593	dealer licensed under this chapter as a monument builder or, for
594	board appointments made before June 1, 2006, a licensed monument
595	establishment certified by the department to be eligible for
596	licensure as a monument builder. One member shall must be the
597	State Health Officer or her or his designee. There shall not be
598	two or more board members who are principals or directors,
599	employees, partners, shareholders, or members of the same
600	company or partnership or group of companies or partnerships
601	under common control.
602	(8)  The department shall adopt rules establishing forms by
603	which persons may apply for membership on the board and
604	procedures for applying for such membership. Such forms shall
605	require disclosure of the existence and nature of all current
606	and past employments by or contracts with, and direct or
607	indirect affiliations or interests in, any entity or business
608	that at any time was licensed by the board or by the former
609	Board of Funeral and Cemetery Services or the former Board of
610	Funeral Directors and Embalmers or that is or was otherwise
611	involved in the death care industry, as specified by department
612	rule.
613	Section 4.  Paragraph (m) of subsection (2) of section
614	497.103, Florida Statutes, as amended by chapter 2004-301, Laws
615	of Florida, is amended, and paragraph (e) is added to subsection
616	(4) of said section, to read:
617	497.103  Rulemaking authority of board and department.--
618	(2)  DEPARTMENT AUTHORITY.--All authority provided by this
619	chapter and not expressly vested in the board by subsection (1)
620	is vested in the department, and the department shall be deemed
621	to be the licensing authority as to such matters. Without
622	limiting the generality of the foregoing vesting of authority in
623	the department, the authority provided by this chapter that
624	which is vested solely in the department includes:
625	(m)  Authority to take emergency action against any
626	licensee under this chapter, without prior consultation with the
627	board, when the department determines that there is an imminent
628	danger to the health, safety, or welfare of the citizens of the
629	state.
630	(4)  RECOMMENDATIONS BY THE CHIEF FINANCIAL OFFICER.--
631	(e)  The Chief Financial Officer shall have no authority by
632	recommendation or otherwise to set fees, rates, or prices to be
633	used by any licensee under this chapter, and notwithstanding the
634	provision of this subsection, no licensee under this chapter
635	shall in any event be required to set fees, rates, or prices in
636	accordance with any recommendation of the Chief Financial
637	Officer.
638	Section 5.  Paragraphs (b) and (c) of subsection (1) of
639	section 497.140, Florida Statutes, as renumbered and amended by
640	section 10 of chapter 2004-301, Laws of Florida, are amended,
641	and subsection (8) is added to said section, to read:
642	497.140  Fees.--
643	(1)
644	(b)  It is the legislative intent that the costs of
645	regulation under this chapter be provided for by fees collected
646	under this chapter. The board shall ensure that fees are
647	adequate to cover all anticipated costs of implementation of
648	this chapter. The department shall at least every other year
649	provide the board with estimates as to projected costs in
650	implementing this chapter and projected fee collections under
651	this chapter for the following 2 years, information as to
652	balances of regulatory trusts from fees collected, other
653	information that which the department deems material to the
654	setting of fees by the board at proper levels, and a department
655	recommendation as to action, if any, regarding changing fee
656	levels. The board shall review such information provided by the
657	department and increase or decrease make such changes in fees,
658	up or down, as the board determines appropriate. If sufficient
659	action is not taken by the board within 6 months 1 year after
660	notification by the department that fees are projected to be
661	inadequate, the department shall set fees on behalf of the board
662	to cover anticipated costs.
663	(c)  The board may from time to time by rule assess and
664	collect a one-time fee from each active and each voluntary
665	inactive licensee under this chapter in an amount necessary to
666	correct an inadequacy of fees received to implement regulation
667	required by this chapter, provided that no such assessments may
668	be made after October 1, 2007 more than one such assessment may
669	be made in any 4-year period without specific legislative
670	authorization.
671	(8)  A delinquency fee shall be charged and collected from
672	a licensee for the failure to timely renew a license issued
673	under this chapter. Where no specific delinquency fee is
674	specified in this chapter in relation to a particular category
675	of licensure under this chapter, the delinquency fee shall be
676	$50.
677	Section 6.  Subsection (2) of section 497.141, Florida
678	Statutes, as created by chapter 2004-301, Laws of Florida, is
679	amended, and subsection (12) is added to said section, to read:
680	497.141  Licensing; general application procedures.--
681	(2)  Any person desiring to be licensed shall apply to the
682	licensing authority in writing using such forms and procedures
683	as may be prescribed by rule. The application for licensure
684	shall include the applicant's social security number if the
685	applicant is a natural person; otherwise, the applicant's
686	federal tax identification number shall be included.
687	Notwithstanding any other provision of law, the department is
688	the sole authority for determining the forms and form contents
689	to be submitted for initial licensure and licensure renewal
690	application. Such forms and the information and materials
691	required by such forms may include, as appropriate,
692	demographics, education, work history, personal background,
693	criminal history, finances, business information, signature
694	notarization, performance periods, reciprocity, local government
695	approvals, supporting documentation, periodic reporting
696	requirements, fingerprint requirements, continuing education
697	requirements, business plans, character references, and ongoing
698	education monitoring. Such forms and the information and
699	materials required by such forms may also include, to the extent
700	such information or materials are not already in the possession
701	of the department or the board, records or information as to
702	complaints, inspections, investigations, discipline, and
703	bonding, and photographs. The application shall be supplemented
704	as needed to reflect any material change in any circumstance or
705	condition stated in the application that which takes place
706	between the initial filing of the application and the final
707	grant or denial of the license and that which might affect the
708	decision of the department or the board. After an application by
709	a natural person for licensure under this chapter is approved,
710	the licensing authority may require the successful applicant to
711	provide a photograph of himself or herself for permanent
712	lamination onto the license card to be issued to the applicant,
713	pursuant to rules and fees adopted by the licensing authority.
714	(12)(a)  The following licenses may only be applied for and
715	issued to a natural person:
716	1.  Embalmer apprentice.
717	2.  Embalmer intern.
718	3.  Funeral director intern.
719	4.  Funeral director.
720	5.  Funeral director and embalmer.
721	6.  Direct disposer.
722	7.  Monument establishment sales agent.
723	8.  Preneed sales agent.
724	(b)  The following licenses may be applied for and issued
725	to a natural person, a corporation, a limited liability company,
726	or a partnership:
727	1.  Funeral establishment.
728	2.  Centralized embalming facility.
729	3.  Refrigeration facility.
730	4.  Direct disposal establishment.
731	5.  Monument establishment.
732	6.  Cinerator facility.
733	7.  Removal service.
734	8.  Preneed sales business under s. 497.453.
735	(c)  A cemetery license may only be applied for and issued
736	to a corporation, partnership, or limited liability company.
737	(d)  No license shall be issued to any applicant that is a
738	corporation, limited liability company, or partnership unless
739	the applicant is organized and in good standing under the laws
740	of this state or another state of the United States and provides
741	written proof thereof issued by the applicable state office or
742	official in the state concerned. Each applicant that is a
743	corporation, limited liability company, or partnership shall
744	file with its application a written statement, signed by the
745	same person who signs the application, identifying by name and
746	business functional title the following persons, as applicable
747	to the type of entity applying: officers, managers, managing
748	members, partners, general partners, limited partners, managing
749	partners, directors, all stockholders controlling more than 10
750	percent of the voting stock, and all other persons who may
751	exercise control over the applicant. The licensing authority may
752	require the filing of the applicant's articles of incorporation
753	or other organizational documents and a resume concerning any
754	person identified in this paragraph.
755	(e)  All applications shall be signed by the applicant.
756	Signatures of the applicant shall be as follows:
757	1.  Where the applicant is a natural person, the
758	application shall be signed by the applicant.
759	2.  Where the applicant is a corporation, the application
760	shall be signed by the corporation's president.
761	3.  Where the applicant is a partnership, the application
762	shall be signed by a partner, who shall provide proof
763	satisfactory to the licensing authority of that partner's
764	authority to sign on behalf of the partnership.
765	4.  Where the applicant is a limited liability company, the
766	application shall be signed by a member of the company, who
767	shall provide proof satisfactory to the licensing authority of
768	that member's authority to sign on behalf of the company.
769	(f)  The licensing authority may adopt rules for the
770	implementation of this section, including required procedures
771	and forms.
772	(g)  No license regulated under this chapter is assignable
773	or transferable except as provided in this chapter.
774	Section 7.  Section 497.142, Florida Statutes, as created
775	by chapter 2004-301, Laws of Florida, is amended to read:
776	497.142  Licensing; fingerprinting and criminal background
777	checks.--
778	(1)  In any instance that this chapter requires submission
779	of fingerprints in connection with an application for license,
780	the provisions of this section shall apply.
781	(2)  The fingerprints shall must be taken by a law
782	enforcement agency or other agency or entity approved by the
783	department and in such a way as to allow their use to obtain a
784	criminal history check through the Department of Law
785	Enforcement.
786	(3)  The department shall submit the fingerprints to or
787	cause them to be submitted to the Department of Law Enforcement
788	for the purpose of ascertaining whether the person fingerprinted
789	has a criminal history in any state or before the Federal
790	Government and, if so, the nature of the criminal history.
791	(4)  The Department of Law Enforcement may accept
792	fingerprints of any applicant under this chapter, any principal
793	of any such applicant, and any other person who is examined or
794	investigated or who is subject to examination or investigation
795	under the provisions of this chapter.
796	(5)  The Department of Law Enforcement may, to the extent
797	provided for by federal law, exchange state, multistate, and
798	federal criminal history records with the department and the
799	board for the purpose of the issuance, denial, suspension, or
800	revocation of any license or other application under this
801	chapter.
802	(6)  The Department of Law Enforcement may accept
803	fingerprints of any other person required by statute or rule to
804	submit fingerprints to the department or board or any applicant
805	or licensee regulated by the department or board who is required
806	to demonstrate that she or he has not been convicted of or pled
807	guilty or nolo contendere to a felony or a misdemeanor.
808	(6)(7)  The Department of Law Enforcement shall, upon
809	receipt of fingerprints from the department, submit the
810	fingerprints to the Federal Bureau of Investigation to check
811	federal criminal history records.
812	(7)(8)  Statewide criminal records obtained through the
813	Department of Law Enforcement, federal criminal records obtained
814	through the Federal Bureau of Investigation, and local criminal
815	records obtained through local law enforcement agencies shall be
816	used by the department and board for the purpose of issuance,
817	denial, suspension, or revocation of certificates of authority,
818	certifications, or licenses issued to operate in this state.
819	(8)(9)  For the purposes of criminal background checks,
820	applicants and principals of applicants for any approval or
821	license under this chapter may be required to disclose whether
822	they have ever had their name legally changed and any prior name
823	or names they have used.
824	(9)(10)  If any applicant under this chapter has been,
825	within the 10 years preceding the application under this
826	chapter, convicted or found guilty of, or entered a plea of nolo
827	contendere to, regardless of adjudication, any crime in any
828	jurisdiction, the application shall not be deemed complete until
829	such time as the applicant provides such certified true copies
830	of the court records evidencing the conviction, finding, or
831	plea, as the licensing authority may by rule require.
832	(10)(a)  When applying for any license under this chapter,
833	every applicant shall be required to disclose the applicant's
834	criminal records in accordance with this subsection.
835	(b)  The criminal record required to be disclosed shall be
836	any crime listed in paragraph (c) of which the person or entity
837	required to make disclosure has been convicted or to which that
838	person or entity entered a plea in the nature of no contest.
839	Disclosure shall be required pursuant to this subsection
840	regardless of whether adjudication was entered or withheld by
841	the court in which the case was prosecuted.
842	(c)  Crimes to be disclosed are:
843	1.  Any felony or misdemeanor, no matter when committed,
844	that was directly or indirectly related to or involving any
845	aspect of the practice or business of funeral directing,
846	embalming, direct disposition, cremation, funeral or cemetery
847	preneed sales, funeral establishment operations, cemetery
848	operations, or cemetery monument or marker sales or
849	installation.
850	2.  Any other felony not already disclosed under
851	subparagraph 1. that was committed within the 20 years
852	immediately preceding the application under this chapter.
853	3.  Any other misdemeanor not already disclosed under
854	subparagraph 1. that was committed within the 5 years
855	immediately preceding the application under this chapter.
856	(d)  Criminal records subject to paragraphs (b) and (c)
857	shall be disclosed regardless of whether the criminal conduct
858	occurred inside or outside the state and regardless of whether
859	the criminal prosecution occurred in state court or in the court
860	of another state, the United States, or a foreign country. As to
861	crimes prosecuted in courts other than the courts of this state,
862	the designation of the crime as a felony or misdemeanor by the
863	law of the jurisdiction prosecuting the crime shall control. If
864	the prosecuting jurisdiction does not use the term "felony" or
865	"misdemeanor" in classifying the crime, the crime shall be
866	deemed a felony for purposes of this subsection if punishable
867	under the law of the prosecuting jurisdiction by a term of
868	imprisonment in excess of 1 year; otherwise, the crime shall be
869	classified as a misdemeanor for purposes of this subsection.
870	Excessive speed in the operation of a motor vehicle and other
871	noncriminal traffic infractions are not required to be reported
872	under this section.
873	(e)  For purposes of this subsection, the persons required
874	to make disclosure of their criminal records in relation to an
875	application shall be as follows:
876	1.  Where the applicant is a natural person, only the
877	natural person making application has the duty to disclose.
878	2.  Where the applicant is a corporation, all officers and
879	directors of that corporation have the duty to disclose.
880	3.  Where the applicant is a limited liability company, all
881	managers and members of the limited liability company have the
882	duty to disclose.
883	4.  Where the applicant is a partnership, all partners have
884	the duty to disclose.
885	5.  Where the applicant is required by this chapter to
886	identify in the application the individual licensee under this
887	chapter who will be in charge of the applicant, the identified
888	individual licensee in charge, in addition to the applicant,
889	shall make disclosure of criminal records as part of the
890	application.
891	(f)  In addition to persons identified in paragraph (e) as
892	being required to provide a criminal history in relation to an
893	application for licensure, the department may, during its
894	prelicensing investigation of the applicant pursuant to
895	subsection (3), on a case-by-case basis, require disclosure of
896	criminal records from any other employee or principal of the
897	applicant if the department has grounds to believe that such
898	employee or principal has committed any crime and that such
899	employee's or principal's relationship to the applicant may
900	render the applicant a danger to the public if the license
901	applied for is issued.
902	(g)  The licensing authority may adopt rules specifying
903	forms and procedures to be utilized by persons required to
904	disclose criminal records under this subsection. The licensing
905	authority may conduct investigation and further inquiry of any
906	person regarding any criminal record disclosed pursuant to this
907	section.
908	(11)(a)  When an applicant is required by this chapter to
909	submit fingerprints in applying for a license, the following
910	persons shall be required to submit such fingerprints:
911	1.  Where the applicant is a natural person, the
912	fingerprints of the natural person making application.
913	2.  Where the applicant is a corporation, the fingerprints
914	of the persons serving in the following capacities: chief
915	executive officer and president, or both persons if the
916	positions are filled by different persons; chief financial
917	officer; chief of operations; general counsel if a corporation
918	employee; and members of the board.
919	3.  Where the applicant is a limited liability company, the
920	fingerprints of all managers and members of the limited
921	liability company.
922	4.  Where the applicant is a partnership, the fingerprints
923	of all partners.
924	(b)  In addition to persons identified in paragraph (a) as
925	being required to provide fingerprints, the department may,
926	during its prelicensing investigation of the applicant pursuant
927	to subsection (3), on a case-by-case basis, require fingerprints
928	from any other employee of the applicant if the department has
929	grounds to believe that any such employee may have committed any
930	crime and that such employee's relationship to the applicant may
931	render the applicant a danger to the public if the license
932	applied for is issued.
933	(12)  The licensing authority may by rule establish forms,
934	procedures, and fees for the submission and processing of
935	fingerprints required to be submitted in accordance with this
936	chapter. The licensing authority may by rule waive the
937	requirement for submission of fingerprints otherwise required by
938	this chapter if the person has within the preceding 24 months
939	submitted fingerprints to the licensing authority and the
940	licensing authority has obtained a criminal history report
941	utilizing those prior fingerprints. The cost for the fingerprint
942	processing shall be paid to the Department of Law Enforcement
943	and may be borne by the Department of Financial Services, the
944	employer, or the person subject to the background check.
945	Section 8.  Subsection (2) of section 497.143, Florida
946	Statutes, as created by chapter 2004-301, Laws of Florida, is
947	amended to read:
948	497.143  Licensing; limited licenses for retired
949	professionals.--
950	(2)  Any person desiring to obtain a limited license, when
951	permitted by rule, shall submit to the department an application
952	and fee, not to exceed $300, and an affidavit stating that the
953	applicant has been licensed to practice in any jurisdiction in
954	the United States for at least 10 years in the profession for
955	which the applicant seeks a limited license. The affidavit shall
956	also state that the applicant has retired or intends to retire
957	from the practice of that profession and intends to practice
958	only pursuant to the restrictions of the limited license granted
959	pursuant to this section. If the applicant for a limited license
960	submits a notarized statement from the employer stating that the
961	applicant will not receive monetary compensation for any service
962	involving the practice of her or his profession, the application
963	and all licensure fees shall be waived. In no event may a person
964	holding a limited license under this section engage in preneed
965	sales under such limited license.
966	Section 9.  Subsection (13) of section 497.144, Florida
967	Statutes, as created by chapter 2004-301, Laws of Florida, is
968	amended to read:
969	497.144  Licensing; examinations, general provisions.--
970	(13)  When any licensed applicant under this chapter
971	requests a hearing to challenge a decision that the applicant's
972	answer to any licensure test question was not a correct answer,
973	or to seek a determination that a challenged question should be
974	stricken, unless the an applicant notifies the department at
975	least 5 days prior to the an examination hearing of the
976	applicant's inability to attend or unless the an applicant can
977	demonstrate an extreme emergency for failing to attend, the
978	department may require the an applicant who fails to attend to
979	pay reasonable attorney's fees, costs, and court costs of the
980	department for the examination hearing.
981	Section 10.  Paragraph (b) of subsection (4) of section
982	497.147, Florida Statutes, as created by chapter 2004-301, Laws
983	of Florida, is amended to read:
984	497.147  Continuing education; general provisions.--
985	(4)  The licensing authority is authorized to adopt rules
986	to implement requirements regarding prelicensure training and
987	continuing education requirements under this chapter. Persons
988	providing prelicensure training or continuing education for
989	credit against the requirements of this chapter are hereinafter
990	referred to as "providers."
991	(b)  The rules may establish conditions and requirements
992	applicable to providers, including, but not limited to:
993	1.  Periodic submission by the provider to the licensing
994	authority of information and documentation as to course
995	materials, class locations and schedules, names of scheduled
996	instructors, resumes of instructors, and descriptions of
997	facilities.
998	2.  Requirements for periodic reporting by the provider to
999	the licensing authority of information concerning enrollment,
1000	attendance, and status of persons enrolled for credit under this
1001	chapter.
1002	3.  Requirements for inspection by the licensing authority
1003	of records of the provider related to training or continuing
1004	education of applicants and licensees under this chapter.
1005	4.  Requirements for announced or unannounced attendance by
1006	department staff or board members at scheduled classes or
1007	training, for the purpose of ensuring that the training meets
1008	the requirements of this chapter and rules adopted under this
1009	chapter.
1010	5.  Requirements for written contracts or agreements
1011	required to be entered into by providers with the licensing
1012	authority as a prerequisite to acceptance of training or
1013	continuing education provided by such provider for credit under
1014	this chapter.
1015	5.6.  Requirements regarding retention of records by the
1016	provider regarding training or continuing education for which
1017	credit has been given to any licensee under this chapter.
1018	6.7.  Procedures and criteria for terminating the status of
1019	any provider as an approved source of training or continuing
1020	education for credit under this chapter.
1021	7.8.  Requirements for fees to accompany applications from
1022	providers for approval or renewal of approval as a provider, not
1023	to exceed $250 per year. The rules may exempt nonprofit entities
1024	from such fees.
1025	Section 11.  Paragraph (c) of subsection (1) of section
1026	497.149, Florida Statutes, as created by chapter 2004-301, Laws
1027	of Florida, is amended to read:
1028	497.149  Investigations, hearings, and inspections.--
1029	(1)  INVESTIGATIONS.--Investigations shall be conducted by
1030	the department. The following provisions shall apply concerning
1031	investigations:
1032	(c)  If the department finds any accounts or records of a
1033	licensee required by this chapter to be created and maintained
1034	by the licensee to be inadequate or inadequately kept or posted,
1035	it may employ experts to reconstruct, rewrite, post, or balance
1036	them at the expense of the person being investigated, provided
1037	the person has failed to maintain, complete, or correct such
1038	records or accounting after the department has given the
1039	licensee her or him notice and a reasonable opportunity to do
1040	so.
1041	Section 12.  Subsection (1) of section 497.151, Florida
1042	Statutes, as created by chapter 2004-301, Laws of Florida, is
1043	amended, and subsection (4) is added to said section, to read:
1044	497.151  Complaints; logs; procedures.--
1045	(1)  This section shall be applicable to all entities
1046	licensed under this chapter licensees under this chapter except
1047	preneed sales agent licensees.
1048	(4)  For purposes of this section, the response of a
1049	customer recorded by the customer on a customer satisfaction
1050	questionnaire or survey form sent to the customer by the
1051	licensee, and returned by the customer to the licensee, shall
1052	not be deemed to be a complaint.
1053	Section 13.  Section 497.152, Florida Statutes, as created
1054	by chapter 2004-301, Laws of Florida, is amended to read:
1055	497.152  Disciplinary grounds.--This section sets forth
1056	conduct that which is prohibited and that which shall constitute
1057	grounds for denial of any application, imposition of discipline,
1058	or and other enforcement action against the licensee or other
1059	person committing such conduct. For purposes of this section,
1060	the requirements of this chapter include the requirements of
1061	rules adopted under authority of this chapter. No subsection
1062	heading in this section shall be interpreted as limiting the
1063	applicability of any paragraph within the subsection.
1064	(1)  GENERAL PROVISIONS.--The generality of the provisions
1065	of this subsection shall not be deemed to be limited by the
1066	provisions of any other subsection.
1067	(a)  Violating any provision of this chapter or any lawful
1068	order of the board or department or of the statutory
1069	predecessors to the board or department.
1070	(b)  Committing fraud, deceit, negligence, incompetency, or
1071	misconduct in the practice of any of the activities regulated
1072	under this chapter.
1073	(c)  Failing while holding a license under this chapter to
1074	maintain one or more of the qualifications for such license.
1075	(d)  Refusing to sell or issue a contract or provide
1076	services to any person because of the person's race, color,
1077	creed, marital status, sex, or national origin.
1078	(2)  CRIMINAL ACTIVITY.--Being convicted or found guilty
1079	of, or entering a plea of nolo contendere to, regardless of
1080	adjudication, a crime in any jurisdiction that which relates to
1081	the practice of, or the ability to practice, a licensee's
1082	profession or occupation under this chapter.
1083	(3)  DISCIPLINARY ACTION BY OTHER AUTHORITIES.--Having a
1084	license or the authority to practice a profession or occupation
1085	revoked, suspended, fined, denied, or otherwise acted against or
1086	disciplined by the licensing authority of another any
1087	jurisdiction, including its agencies or subdivisions, for
1088	conduct that would constitute a violation of this chapter if
1089	committed in this state or upon grounds that which directly
1090	relate to the ability to practice under this chapter. The
1091	licensing authority's acceptance of a relinquishment of
1092	licensure, stipulation, consent order, or other settlement
1093	offered in response to or in anticipation of the filing of
1094	charges against the license shall be construed as action against
1095	the license.
1096	(4)  OBLIGATIONS TO REGULATORS AND OTHER GOVERNMENT
1097	AGENCIES.--
1098	(a)  Improperly interfering with an investigation or
1099	inspection authorized by statute or with any disciplinary
1100	proceeding.
1101	(b)  Failure to comply with a lawfully issued subpoena of
1102	the department.
1103	(c)  Refusal to produce records to the department or board
1104	in connection with any activity regulated pursuant to this
1105	chapter.
1106	(d)  Failing to report to the department any violation of
1107	this chapter by another person, which violation is known to the
1108	licensee to have created or be creating a serious and immediate
1109	danger to the public health, safety, or welfare person who the
1110	licensee knows is in violation of this chapter.
1111	(e)  Knowingly concealing information relative to
1112	violations of this chapter.
1113	(f)  Attempting to obtain, obtaining, or renewing a license
1114	under this chapter by bribery, false or forged evidence, or
1115	misrepresentation or through an error of the department or board
1116	known to the applicant.
1117	(g)  Making or filing a report or statement to or with any
1118	government entity that which the licensee knows or has reason to
1119	know to be false; or intentionally or negligently failing to
1120	file a report or record required to be filed with any government
1121	entity, or willfully impeding or obstructing another person to
1122	do so, or inducing another person to impede or obstruct such
1123	filing.
1124	(h)  Failing to perform any statutory or legal obligation
1125	placed upon a licensee.
1126	(5)  LIMITATIONS ON SCOPE OF PRACTICE; UNLICENSED
1127	PRACTICE.--
1128	(a)  Practicing or offering to practice beyond the scope
1129	permitted by this chapter and rules adopted under this chapter
1130	for the type of licensure held or accepting and performing
1131	professional responsibilities the licensee knows, or has reason
1132	to know, the licensee is not competent to perform.
1133	(b)  Practicing or attempting to practice with a revoked,
1134	suspended, inactive, or delinquent license.
1135	(c)  Representing as her or his own the license of another.
1136	(d)  Aiding, assisting, procuring, employing, or advising
1137	any person or entity to practice a profession or occupation
1138	regulated by this chapter without required licensure under this
1139	chapter.
1140	(e)  Aiding, assisting, procuring, employing, or advising
1141	any person or entity to operate or in operating an establishment
1142	regulated by this chapter without the required licensure under
1143	this chapter.
1144	(f)  Delegating to any person the performance of
1145	professional activities, or contracting with any person for the
1146	performance of professional activities by such person, when the
1147	licensee knows or has reason to know the person is not qualified
1148	by training, experience, and authorization to perform such
1149	responsibilities.
1150	(g)  Using the name or title "funeral director,"
1151	"embalmer," "direct disposer," or other title suggesting
1152	licensure that which the person using such name or title does
1153	not hold.
1154	(h)  Engaging by a direct disposer in the practice of
1155	direct burial or offering the at-need or preneed service of
1156	direct burial.
1157	(6)  EDUCATIONAL REQUIREMENTS.--
1158	(a)  Failing to comply with applicable educational course
1159	requirements pursuant to this chapter or rules adopted under
1160	this chapter regarding human immunodeficiency virus and acquired
1161	immune deficiency syndrome.
1162	(b)  Failing to timely comply with applicable continuing
1163	education requirements of this chapter.
1164	(7)  RELATIONS WITH OTHER LICENSEES.--
1165	(a)  Having been found liable in a civil proceeding for
1166	knowingly filing a false report or complaint against another
1167	licensee with the department or the board.
1168	(b)  Making any misleading statements or misrepresentations
1169	as to the financial condition of any person, or making
1170	statements that which are falsely and maliciously critical of
1171	any person for the purpose of damaging that person's business
1172	regulated under this chapter.
1173	(8)  TRANSPORT, CUSTODY, TREATMENT, OR DISINTERMENT OF
1174	HUMAN REMAINS.--
1175	(a)  Violation of any state law or rule or any municipal or
1176	county ordinance or regulation affecting the handling, custody,
1177	care, or transportation of dead human bodies.
1178	(b)  Refusing to surrender promptly the custody of a dead
1179	human body upon the express order of the person legally
1180	authorized to its custody; however, this provision shall be
1181	subject to any state or local laws or rules governing custody or
1182	transportation of dead human bodies.
1183	(c)  Taking possession of a dead human body without first
1184	having obtained written or oral permission from a legally
1185	authorized person. If oral permission is granted, the licensee
1186	shall must obtain written permission within a reasonable time as
1187	established by rule.
1188	(d)  Embalming human remains without first having obtained
1189	written or oral permission from a legally authorized person;
1190	however, washing and other public health procedures, such as
1191	closing of the orifices by placing cotton soaked in a
1192	disinfectant in such orifices until authorization to embalm is
1193	received, shall not be precluded. If oral permission is granted,
1194	the licensee shall must obtain written permission within a
1195	reasonable time as established by board rule.
1196	(e)  Failing to obtain written authorization from the
1197	family or next of kin of the deceased prior to entombment,
1198	interment, disinterment, disentombment, or disinurnment of the
1199	remains of any human being.
1200	(9)  SALES PRACTICES IN GENERAL.--
1201	(a)  Soliciting by the licensee, or by her or his agent,
1202	assistant, or employee, through the use of fraud, undue
1203	influence, intimidation, overreaching, or other means that which
1204	takes advantage of a customer's ignorance or emotional
1205	vulnerability.
1206	(b)  Exercising undue influence on a client for the purpose
1207	of financial gain of the licensee or a third party in connection
1208	with any transaction regulated by this chapter.
1209	(c)  Discouraging a customer's purchase of any funeral
1210	merchandise or service that which is advertised or offered for
1211	sale, with the purpose of encouraging the purchase of additional
1212	or more expensive merchandise or service, by disparaging its
1213	quality or appearance, except that true factual statements
1214	concerning features, design, or construction do not constitute
1215	disparagement; by misrepresenting its availability or any delay
1216	involved in obtaining it; or by suggesting directly or by
1217	implication that a customer's concern for price or expressed
1218	interest in inexpensive funeral merchandise or services is
1219	improper, inappropriate, or indicative of diminished respect or
1220	affection for the deceased.
1221	(d)  Misrepresenting the benefits, advantages, conditions,
1222	or terms of any contract to provide any services or merchandise
1223	regulated under this chapter.
1224	(e)  Advertising goods and services in a manner that is
1225	fraudulent, deceptive, or misleading in form or content.
1226	(f)  Directly or indirectly making any deceptive,
1227	misleading, or untrue representations, whether oral or written,
1228	or employing any trick, scheme, or artifice, in or related to
1229	the practice of a profession or occupation regulated under this
1230	chapter, including in the advertising or sale of any merchandise
1231	or services related to the practice of the profession or
1232	occupation.
1233	(10)  SPECIFIC MISREPRESENTATIONS.--
1234	(a)  Making any false or misleading statement of the legal
1235	requirement as to the necessity of any particular burial or
1236	funeral merchandise or services.
1237	(b)  Making any oral, written, or visual representations,
1238	directly or indirectly, that any funeral merchandise or service
1239	is offered for sale when such is not a bona fide offer to sell
1240	such merchandise or service.
1241	(c)  Making any misrepresentation for the purpose of
1242	inducing, or tending to induce, the lapse, forfeiture, exchange,
1243	conversion, or surrender of any preneed contract or any life
1244	insurance policy pledged or assigned to secure payment for
1245	funeral or burial goods or services.
1246	(d)  Misrepresenting pertinent facts or prepaid contract
1247	provisions relating to funeral or burial merchandise or
1248	services.
1249	(e)  Misrepresenting the amount advanced on behalf of a
1250	customer for any item of service or merchandise, including, but
1251	not limited to, cemetery or crematory services, pallbearers,
1252	public transportation, clergy honoraria, flowers, musicians or
1253	singers, nurses, obituary notices, gratuities, and death
1254	certificates, described as cash advances, accommodations, or
1255	words of similar import on the contract, final bill, or other
1256	written evidence of agreement or obligation furnished to
1257	customers; however, nothing in this paragraph shall require
1258	disclosure of a discount or rebate that which may accrue to a
1259	licensee subsequent to making a cash advance.
1260	(f)  Making any false or misleading statement or claim that
1261	natural decomposition or decay of human remains can be prevented
1262	or substantially delayed by embalming, use of a gasketed or
1263	ungasketed casket, or use of an adhesive or nonadhesive closure
1264	on an outer burial container.
1265	(g)  Making any false or misleading statement, oral or
1266	written, directly or indirectly, regarding any law or rule
1267	pertaining to the preparation for disposition, transportation
1268	for disposition, or disposition of dead human bodies.
1269	(h)  Making any false or misleading statements of the legal
1270	requirement as to the conditions under which preservation of a
1271	dead human body is required or as to the necessity of a casket
1272	or outer burial container.
1273	(11)  SPECIFIC SALES PRACTICES.--
1274	(a)  Failing to furnish, for retention, to each purchaser
1275	of burial rights, burial or funeral merchandise, or burial or
1276	funeral services a written agreement, the form of which has been
1277	previously approved if and as required by this chapter, that
1278	which lists in detail the items and services purchased together
1279	with the prices for the items and services purchased; the name,
1280	address, and telephone number of the licensee; the signatures of
1281	the customer and the licensee or her or his representative; and
1282	the date signed.
1283	(b)  Filling in any contract form for use with a particular
1284	customer using language that Using any name or title in any
1285	contract regulated under this chapter which misrepresents the
1286	true nature of the contract.
1287	(c)  Selling an irrevocable preneed contract to a person
1288	who is not an applicant for or recipient of Supplemental
1289	Security Income or Aid to Families with Dependent Children or
1290	pursuant to s. 497.459(6)(a).
1291	(d)  Except as authorized in part IV of this chapter,
1292	guaranteeing the price of goods and services at a future date.
1293	(e)  Requiring that a casket be purchased for cremation or
1294	claiming directly or by implication that a casket is required
1295	for cremation.
1296	(f)  When displaying any caskets for sale, failing to
1297	display the least expensive casket offered for sale or use in
1298	adult funerals in the same general manner as the funeral service
1299	industry member's other caskets are displayed.
1300	(g)  Assessing fees and costs that have not been disclosed
1301	to the customer in connection with any transaction regulated by
1302	this chapter.
1303	(h)  Failure by a cemetery licensed under this chapter to
1304	provide to any person, upon request, a copy of the cemetery
1305	bylaws.
1306	(i)  Requirements by a cemetery licensee that lot owners or
1307	current customers make unnecessary visits to the cemetery
1308	company office for the purpose of solicitation.
1309	(12)  DISCLOSURE REQUIREMENTS.--
1310	(a)  Failure to disclose, when such disclosure is desired,
1311	the components of the prices for alternatives offered by the
1312	licensee from whom disclosure is requested, such as graveside
1313	service, direct disposition, and body donation without any rites
1314	or ceremonies prior to the delivery of the body and prices of
1315	service if there are to be such after the residue has been
1316	removed following the use thereof.
1317	(b)  Failing to furnish, for retention, to anyone who
1318	inquires in person about burial rights, burial or funeral
1319	merchandise, or burial or funeral services, before any
1320	discussion of selection, a printed or typewritten list
1321	specifying the range of retail prices for such rights,
1322	merchandise, or services. At a minimum, the list shall itemize
1323	the highest and lowest priced product and service regularly
1324	offered and shall include the name, address, and telephone
1325	number of the licensee and statements that the customer may
1326	choose only the items the customer desires, that the customer
1327	will be charged for only those items selected, and that there
1328	may be other charges for other items or other services.
1329	(c)  Failing to reasonably provide by telephone, upon
1330	request, accurate information regarding the retail prices of
1331	funeral merchandise and services offered for sale by that
1332	licensee.
1333	(d)  Failure by a funeral director to make full disclosure
1334	in the case of a funeral or direct disposition with regard to
1335	the use of funeral merchandise that which is not to be disposed
1336	of with the body or failure to obtain written permission from
1337	the purchaser regarding disposition of such merchandise.
1338	(e)  Failure by any funeral director to fully disclose all
1339	of her or his available services and merchandise prior to the
1340	selection of a casket offered by a licensee. The full disclosure
1341	required shall identify what is included in the funeral or
1342	direct disposition and the prices of all services and
1343	merchandise provided by the licensee or registrant.
1344	(f)  Failing to have the price of any casket offered for
1345	sale clearly marked on or in the casket, whether the casket is
1346	displayed at a funeral establishment or at any other location,
1347	regardless of whether the licensee is in control of such
1348	location. If a licensee uses books, catalogs, brochures, or
1349	other printed display aids, the price of each casket shall be
1350	clearly marked.
1351	(g)  Failing to disclose all fees and costs the customer
1352	may incur to use the burial rights or merchandise purchased.
1353	(13)  CONTRACT OBLIGATIONS.--
1354	(a)  Failing without reasonable justification to timely
1355	honor contracts entered into by the licensee or under the
1356	licensee's license for funeral or burial merchandise or
1357	services.
1358	(b)  Failure to honor preneed contract cancellation
1359	requests and make refunds as required by the chapter.
1360	(14)  OBLIGATIONS REGARDING COMPLAINTS AND CLAIMS BY
1361	CUSTOMERS.--
1362	(a)  Failing to adopt and implement standards for the
1363	proper investigation and resolution of claims and complaints
1364	received by a licensee relating to the licensee's activities
1365	regulated by this chapter.
1366	(b)  Committing or performing with such frequency as to
1367	indicate a general business practice any of the following:
1368	1.  Failing to acknowledge and act promptly upon
1369	communications from a licensee's customers and their
1370	representatives with respect to claims or complaints relating to
1371	the licensee's activities regulated by this chapter.
1372	2.  Denying claims or rejecting complaints received by a
1373	licensee from a customer or customer's representative, relating
1374	to the licensee's activities regulated by this chapter, without
1375	first conducting reasonable investigation based upon available
1376	information.
1377	3.  Attempting to settle a claim or complaint on the basis
1378	of a material document that which was altered without notice to,
1379	or without the knowledge or consent of, the contract purchaser
1380	or her or his representative or legal guardian.
1381	4.  Failing within a reasonable time to affirm or deny
1382	coverage of specified services or merchandise under a contract
1383	entered into by a licensee upon written request of the contract
1384	purchaser or her or his representative or legal guardian.
1385	5.  Failing to promptly provide, in relation to a contract
1386	for funeral or burial merchandise or services entered into by
1387	the licensee or under the licensee's license, a reasonable
1388	explanation to the contract purchaser or her or his
1389	representative or legal guardian of the licensee's basis for
1390	denying or rejecting all or any part of a claim or complaint
1391	submitted.
1392	(c)  Making a material misrepresentation to a contract
1393	purchaser or her or his representative or legal guardian for the
1394	purpose and with the intent of effecting settlement of a claim
1395	or complaint or loss under a prepaid contract on less favorable
1396	terms than those provided in, and contemplated by, the prepaid
1397	contract.
1398	(d)  Failing to maintain a complete copy of every complaint
1399	received by the licensee since the date of the last examination
1400	of the licensee by the department. For purposes of this
1401	subsection, the term "complaint" means any written communication
1402	primarily expressing a grievance and which communication is
1403	from:
1404	1.  A representative or family member of a deceased person
1405	interred at the licensee's facilities or using the licensee's
1406	services, or which deceased's remains were the subject of any
1407	service provided by the licensee or licensee's business; or
1408	2.  A person, or such person's family member or
1409	representative, who inquired of the licensee or licensee's
1410	business concerning the purchase of, or who purchased or
1411	contracted to purchase, any funeral or burial merchandise or
1412	services from the licensee or licensee's business.
1413
1414	For purposes of this subsection, the response of a customer
1415	recorded by the customer on a customer satisfaction
1416	questionnaire or survey form sent to the customer by the
1417	licensee, and returned by the customer to the licensee, shall
1418	not be deemed to be a complaint.
1419	(15)  MISCELLANEOUS FINANCIAL MATTERS.--
1420	(a)  Failing to timely pay any fee required by this
1421	chapter.
1422	(b)  Failing to timely remit as required by this chapter
1423	the required amounts to any trust fund required by this chapter.
1424	The board may by rule provide criteria for identifying minor,
1425	nonwillful trust remittance deficiencies; and remittance
1426	deficiencies falling within such criteria, if fully corrected
1427	within 30 days after notice to the licensee by the department,
1428	shall not constitute grounds for disciplinary action.
1429	(c)  Paying to or receiving from any organization, agency,
1430	or person, either directly or indirectly, any commission, bonus,
1431	kickback, or rebate in any form whatsoever for any business
1432	regulated under this chapter, whether such payments are made or
1433	received by the licensee, or her or his agent, assistant, or
1434	employee; however, this provision shall not prohibit the payment
1435	of commissions by a funeral director, funeral establishment,
1436	cemetery, or monument establishment to its preneed agents
1437	licensed pursuant to this chapter or to licensees under this
1438	chapter.
1439	Section 14.  Subsection (1), paragraph (b) of subsection
1440	(2), and paragraph (c) of subsection (4) of section 497.153,
1441	Florida Statutes, as created by chapter 2004-301, Laws of
1442	Florida, are amended to read:
1443	497.153  Disciplinary procedures and penalties.--
1444	(1)  JURISDICTION OF LICENSING AUTHORITY TO INVESTIGATE AND
1445	PROSECUTE.--The expiration, nonrenewal, or surrender of
1446	licensure under this chapter shall not eliminate jurisdiction in
1447	the licensing authority to investigate and prosecute for
1448	violations committed by a licensee while licensed under this
1449	chapter. The prosecution of any matter may be initiated or
1450	continued notwithstanding the withdrawal of any complaint.
1451	(2)  DETERMINATION OF PROBABLE CAUSE.--
1452	(b)  Prior to submitting a matter to the probable cause
1453	panel, the licensee who is the subject of the matter shall be
1454	provided by the department with a copy of any written complaint
1455	received by the department in the matter and shall be advised
1456	that the licensee she or he may, within 20 days after receipt of
1457	a copy of such complaint from the department, submit to the
1458	department a written response. Any response timely received by
1459	the department shall be provided by the department to the
1460	probable cause panel. Licensees may not appear in person or
1461	through a representative at any probable cause panel proceeding.
1462	This paragraph shall not apply to emergency action.
1463	(4)  ACTION AFTER PROBABLE CAUSE FOUND.--
1464	(c)  The department may at any time present to the board a
1465	proposed settlement by consent order or otherwise of any matter
1466	as to which probable cause has been found. If the board accepts
1467	the proposed settlement, it may execute and file the consent
1468	order as its final order in the matter or may otherwise issue
1469	its final order in the matter shall issue its final order
1470	adopting the settlement. If the board does not accept such
1471	settlement, the prosecution of the matter shall be resumed. No
1472	settlement of any disciplinary matter as to which probable cause
1473	has been found may be entered into by the board prior to receipt
1474	of a recommended order of an administrative law judge without
1475	the department's concurrence.
1476	Section 15.  Subsection (1) of section 497.158, Florida
1477	Statutes, as renumbered and amended by section 28 of chapter
1478	2004-301, Laws of Florida, is amended to read:
1479	497.158  Court enforcement actions; powers; abatement of
1480	nuisances.--
1481	(1)  In addition to or in lieu of other actions authorized
1482	by this chapter, the department may petition the courts of this
1483	state for injunctive or other relief against any licensed or
1484	unlicensed person for the enforcement of this chapter and orders
1485	issued under this chapter. The court shall be authorized to
1486	impose a fine of up to $5,000 per violation on any licensee
1487	under this chapter and up to $10,000 on any person not licensed
1488	under this chapter, payable to the department, upon any person
1489	determined by the court to have violated this chapter, and may
1490	order payment to the department of the department's attorney's
1491	fees and litigation costs, by any person found to have violated
1492	this chapter.
1493	Section 16.  Subsections (1), (3), and (4) and paragraph
1494	(a) of subsection (5) of section 497.159, Florida Statutes, as
1495	created by chapter 2004-301, Laws of Florida, are amended to
1496	read:
1497	497.159  Crimes.--
1498	(1)  The theft of an examination in whole or in part or the
1499	act of unauthorized reproducing, circulating, or copying of any
1500	questions or answers on, from, or for any prelicensure
1501	examination administered by the department or the board, whether
1502	such examination is reproduced or copied in part or in whole and
1503	by any means, constitutes a felony of the third degree,
1504	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1505	(3)  Any person individual who willfully obstructs the
1506	department or its examiner in any examination or investigation
1507	authorized by this chapter commits is guilty of a misdemeanor of
1508	the second degree and is, in addition to any disciplinary action
1509	under this chapter, punishable as provided in s. 775.082 or s.
1510	775.083. The initiation of action in any court by or on behalf
1511	of any licensee to terminate or limit any examination or
1512	investigation under this chapter shall not constitute a
1513	violation under this subsection.
1514	(4)  Any officer or director, or person occupying similar
1515	status or performing similar functions, of a preneed licensee
1516	who fails under this chapter who knowingly directs or causes the
1517	failure to make required deposits to any trust fund required by
1518	this chapter; any director, officer, agent, or employee of a
1519	preneed licensee who makes any unlawful withdrawal of funds from
1520	any such account or who knowingly discloses to the department or
1521	an employee thereof any false report made pursuant to this
1522	chapter; or any person who willfully violates any of the
1523	provisions of part II, part IV or part V, or with knowledge that
1524	such required deposits are not being made as required by law
1525	fails to report such failure to the department, or who knowingly
1526	directs or causes the unlawful withdrawal of funds from any
1527	trust fund required by this chapter, commits a felony of the
1528	third degree, punishable as provided in s. 775.082, s. 775.083,
1529	or s. 775.084.
1530	(5)(a)  No cemetery company or other legal entity
1531	conducting or maintaining any public or private cemetery may
1532	deny burial space to any person because of race, creed, marital
1533	status, sex, national origin, or color. A cemetery company or
1534	other entity operating any cemetery may designate parts of
1535	cemeteries or burial grounds for the specific use of persons
1536	whose religious code requires isolation. Religious institution
1537	cemeteries may limit burials to members of the religious
1538	institution and their families.
1539	Section 17.  Paragraphs (g) and (h) of subsection (1) and
1540	subsection (3) of section 497.161, Florida Statutes, as created
1541	by chapter 2004-301, Laws of Florida, are amended to read:
1542	497.161  Other rulemaking provisions.--
1543	(1)  In addition to such other rules as are authorized or
1544	required under this chapter, the following additional rules, not
1545	inconsistent with this chapter, shall be authorized by the
1546	licensing authority.
1547	(g)  Rules establishing procedures by which the department
1548	may use the expert or technical advice of the board or members
1549	of the board for the purposes of any investigation, inspection,
1550	or financial examination, without thereby disqualifying the
1551	board member from voting on final action in the matter.
1552	(g)(h)  In connection with the statutory revisions by the
1553	2004 2005 Regular Session of the Legislature merging chapters
1554	470 and 497 as those chapters appeared in the 2003 2004 edition
1555	of the Florida Statutes and the elimination of the former boards
1556	under those chapters and the movement of regulation out of the
1557	Department of Business and Professional Regulation, the
1558	licensing authority shall through July 1, 2006, be deemed to
1559	have extraordinary rulemaking authority to adopt any and all
1560	rules jointly agreed by the board and the department to be
1561	necessary for the protection of the public concerning the
1562	regulation of the professions and occupations regulated under
1563	this chapter, or for the relief of licensees regulated under
1564	this chapter concerning any impacts that which the department
1565	and the board jointly agree were unintended or not contemplated
1566	in the enactment of the 2004 2005 legislative changes. The
1567	authority under this paragraph and any rules adopted under
1568	authority of this paragraph shall expire July 1, 2006.
1569	(3)  The department and the board shall each have standing
1570	under chapter 120 for the purposes of challenging rules or
1571	proposed rules under this chapter. This subsection shall not be
1572	interpreted to deny standing to a licensee to challenge any rule
1573	under this chapter if the licensee would otherwise have
1574	standing.
1575	Section 18.  Section 497.165, Florida Statutes, as
1576	renumbered and amended by section 35 of chapter 2004-301, Laws
1577	of Florida, is amended to read:
1578	497.165  Liability of owners, directors, and officers
1579	regarding trust funds.--The owners, officers, and directors of
1580	any licensee under this chapter may be held jointly and
1581	severally liable for any deficiency in any trust fund required
1582	by this chapter, to the extent the deficiency arose during the
1583	period they were owners, officers, or directors of the licensee,
1584	if they intentionally or through gross their conduct, or their
1585	negligence in the performance of their duties, caused the
1586	deficiency or substantially contributed to conditions that
1587	allowed the deficiency to arise or increase.
1588	Section 19.  Subsections (1) and (3) of section 497.166,
1589	Florida Statutes, as created by chapter 2004-301, Laws of
1590	Florida, are amended to read:
1591	497.166  Preneed sales.--
1592	(1)  Regulation of preneed sales shall be as set forth in
1593	part IV of this chapter. No person may act as an agent for a
1594	preneed licensee funeral establishment or direct disposal
1595	establishment with respect to preneed contracts unless such
1596	person is licensed as a preneed sales agent pursuant to part IV
1597	of this chapter or is a licensed funeral director acting as a
1598	preneed sales agent.
1599	(3)(a)  The funeral director in charge of a funeral
1600	establishment shall be responsible for the control and
1601	activities of the establishment's preneed sales agents.
1602	(b)  The direct disposer in charge or a funeral director
1603	acting as a direct disposer in charge of a direct disposal
1604	establishment shall be responsible for the control and
1605	activities of the establishment's preneed sales agents.
1606	(c)  The responsibility imposed by this subsection on the
1607	funeral director and direct disposer in charge is a duty of
1608	reasonable supervision and not absolute liability. The
1609	responsibility of the funeral director or direct disposer in
1610	charge shall be in addition to the responsibility of the preneed
1611	licensee for the conduct of the preneed sales agents it employs.
1612	Section 20.  Subsection (2) of section 497.169, Florida
1613	Statutes, as renumbered and amended by section 39 of chapter
1614	2004-301, Laws of Florida, is amended to read:
1615	497.169  Private actions; actions on behalf of consumers;
1616	attorney's fee.--
1617	(2)  In any civil litigation resulting from a transaction
1618	involving a violation of this chapter by a cemetery company or
1619	burial rights broker licensed under part II, a monument
1620	establishment licensed under part V, or a preneed entity or
1621	preneed sales agent licensed under part IV, the court may award
1622	to the prevailing party and against such cemetery company,
1623	burial rights broker, monument establishment, or preneed entity
1624	or sales agent, after judgment in the trial court and exhaustion
1625	of any appeal, reasonable attorney's fees and costs from the
1626	nonprevailing party in an amount to be determined by the trial
1627	court. Any award of attorney's fees or costs shall become a part
1628	of the judgment and shall be subject to execution as the law
1629	allows. This subsection does not apply to licensees licensed
1630	under part III or part VI.
1631	Section 21.  Section 497.171, Florida Statutes, is created
1632	to read:
1633	497.171  Identification of human remains.--
1634	(1)  PRIOR TO FINAL DISPOSITION.--
1635	(a)  This subsection shall apply to licensees under parts
1636	III and VI.
1637	(b)  The licensee in charge of the final disposition of
1638	dead human remains shall, prior to final disposition of such
1639	dead human remains, affix to the ankle or wrist of the deceased,
1640	and on the casket, alternative container, or cremation
1641	container, a tag providing proper identification of the dead
1642	human remains. The identification tag shall be encased in or
1643	consist of durable and long-lasting material and shall list the
1644	name, date of birth, and date of death of the deceased, if
1645	available. The board may adopt rules specifying acceptable
1646	materials for such identification tag, acceptable locations for
1647	the tag on the casket, alternative container, or cremation
1648	container, and acceptable methods of affixing the tag.
1649	(c)  If the dead human remains are cremated, proper
1650	identification shall be placed in the container or urn
1651	containing the cremated remains.
1652	(d)  Any licensee responsible for removal of dead human
1653	remains to any establishment, facility, or location shall ensure
1654	that the remains are identified by a tag or other means of
1655	identification that is affixed to the ankle or wrist of the
1656	deceased at the time the remains are removed from the place of
1657	death or other location.
1658	(2)  INTERMENT IN UNLICENSED CEMETERIES.--The
1659	identification of human remains interred in an unlicensed
1660	cemetery shall be the responsibility of the licensed funeral
1661	establishment in charge of the funeral arrangements for the
1662	deceased person. The licensed funeral establishment in charge of
1663	the funeral arrangements for the interment of human remains in
1664	an unlicensed cemetery shall place on the outer burial
1665	container, cremation interment container, or other container or
1666	on the inside of a crypt or niche a tag or permanent identifying
1667	mark listing the name of the decedent and the date of death, if
1668	available. The materials and locations of the tag or mark shall
1669	be more specifically described by rule of the licensing
1670	authority.
1671	(3)  INTERMENT IN LICENSED CEMETERIES.--
1672	(a)  This subsection shall apply to cemetery licensees
1673	under part II.
1674	(b)  As to interments in a licensed cemetery, each licensed
1675	cemetery shall place on the outer burial container, cremation
1676	interment container, or other container or on the inside of a
1677	crypt or niche a tag or permanent identifying marker listing the
1678	name of the decedent and the date of death, if available. The
1679	materials and the location of the tag or marker shall be more
1680	specifically described by rule of the licensing authority.
1681	(c)  Each licensed cemetery may rely entirely on the
1682	identity stated on the burial transit permit or on the
1683	identification supplied by a person licensed under this chapter
1684	to establish the identity of the dead human remains delivered by
1685	such person for burial and shall not be liable for any
1686	differences between the identity shown on the burial transit
1687	permit or identification and the actual identity of the dead
1688	human remains delivered by such person and buried in the
1689	cemetery.
1690	(4)  DIRECT DISPOSAL ESTABLISHMENTS.--Direct disposal
1691	establishments shall establish a system of identification of
1692	human remains received that shall be designed to track the
1693	identity of the remains from the time of receipt until delivery
1694	of the remains to the authorized persons. This is in addition to
1695	the requirements for identification of human remains set forth
1696	in subsection (1). A copy of the identification procedures shall
1697	be available, upon request, to the department and legally
1698	authorized persons.
1699	(5)  RELIANCE ON LEGALLY AUTHORIZED PERSON.--Any licensee
1700	charged with responsibility under this section may rely on the
1701	representation of a legally authorized person to establish the
1702	identity of dead human remains.
1703	Section 22.  Paragraph (b) of subsection (6) of section
1704	497.260, Florida Statutes, as renumbered and amended by section
1705	42 of chapter 2004-301, Laws of Florida, is amended to read:
1706	497.260  Cemeteries; exemption; investigation and
1707	mediation.--
1708	(6)
1709	(b)  No cemetery company or other legal entity conducting
1710	or maintaining any public or private cemetery may deny burial
1711	space to any person because of race, creed, marital status, sex,
1712	national origin, or color. A cemetery company or other entity
1713	operating any cemetery may designate parts of cemeteries or
1714	burial grounds for the specific use of persons whose religious
1715	code requires isolation. Religious institution cemeteries may
1716	limit burials to members of the religious institution and their
1717	families.
1718	Section 23.  Paragraphs (b), (m), (o), and (q) of
1719	subsection (2) of section 497.263, Florida Statutes, as
1720	renumbered and amended by section 45 of chapter 2004-301, Laws
1721	of Florida, are amended to read:
1722	497.263  Cemetery companies; license required; licensure
1723	requirements and procedures.--
1724	(2)  APPLICATION PROCEDURES.--
1725	(b)  The applicant shall be a corporation, or a
1726	partnership, or a limited liability company formed prior to
1727	January 1, 2005, which limited liability company already holds a
1728	license under this chapter.
1729	(m)  The applicant shall be required to make disclosure of
1730	the applicant's criminal records, if any, as required by s.
1731	497.142. The application shall require the applicant to disclose
1732	whether the applicant or any principal of the applicant has ever
1733	been convicted or found guilty of, or entered a plea of no
1734	contest to, regardless of adjudication, any crime in any
1735	jurisdiction. The licensing authority may require by rule
1736	additional information to be provided concerning any affirmative
1737	answers.
1738	(o)  The applicant shall submit fingerprints in accordance
1739	with s. 497.142. The application shall require the applicant and
1740	applicant's principals to provide fingerprints in accordance
1741	with part I of this chapter.
1742	(q)  The application shall be signed in accordance with s.
1743	497.141(12) by the president of the applicant.
1744	Section 24.  Paragraphs (h), (j), and (l) of subsection (2)
1745	of section 497.264, Florida Statutes, as renumbered and amended
1746	by section 46 of chapter 2004-301, Laws of Florida, are amended
1747	to read:
1748	497.264  License not assignable or transferable.--
1749	(2)  Any person or entity that seeks to purchase or
1750	otherwise acquire control of any cemetery licensed under this
1751	chapter shall first apply to the licensing authority and obtain
1752	approval of such purchase or change in control.
1753	(h)  The applicant shall be required to make disclosure of
1754	the applicant's criminal records, if any, as required by s.
1755	497.142. The application shall require the applicant to disclose
1756	whether the applicant or any principal of the applicant has ever
1757	been convicted or found guilty of, or entered a plea of no
1758	contest to, regardless of adjudication, any crime in any
1759	jurisdiction. The licensing authority may require by rule
1760	additional information to be provided concerning any affirmative
1761	answers.
1762	(j)  The applicant shall submit fingerprints in accordance
1763	with s. 497.142. The application shall require the applicant and
1764	the applicant's principals to provide fingerprints in accordance
1765	with part I of this chapter.
1766	(l)  The application shall be signed in accordance with s.
1767	497.141(12) by the applicant if a natural person, otherwise by
1768	the president of the applicant.
1769	Section 25.  Section 497.281, Florida Statutes, as
1770	renumbered and amended by section 62 of chapter 2004-301, Laws
1771	of Florida, is amended to read:
1772	497.281  Licensure of brokers of burial rights.--
1773	(1)  No person shall receive compensation to act as a third
1774	party to the sale or transfer of three or more burial rights in
1775	a 12-month period unless the person pays a license fee as
1776	determined by licensing authority rule but not to exceed $250
1777	and is licensed with the department as a burial rights broker in
1778	accordance with this section.
1779	(2)(a)  The applicant shall be required to make disclosure
1780	of the applicant's criminal records, if any, as required by s.
1781	497.142.
1782	(b)  The application shall require the applicant to
1783	disclose whether the applicant or any principal of the applicant
1784	has ever had a license or the authority to practice a profession
1785	or occupation refused, suspended, fined, denied, or otherwise
1786	acted against or disciplined by the licensing authority of any
1787	jurisdiction. The licensing authority may require by rule
1788	additional information to be provided concerning any affirmative
1789	answers. A licensing authority's acceptance of a relinquishment
1790	of licensure, stipulation, consent order, or other settlement,
1791	offered in response to or in anticipation of the filing of
1792	charges against the license, shall be construed as action
1793	against the license. The licensing authority may require by rule
1794	additional information to be provided concerning any affirmative
1795	answers.
1796	(c)  The applicant shall submit fingerprints in accordance
1797	with s. 497.142. The application shall be signed in accordance
1798	with s. 497.141(12).
1799	(d)  The applicant shall demonstrate by clear and
1800	convincing evidence that the applicant has the ability,
1801	experience, and integrity to act as a burial broker and, if the
1802	applicant is an entity, that the applicant's principals are of
1803	good character.
1804	(3)  For the purpose of preventing confusion and error by
1805	the licensee or by the cemeteries in which the burial rights are
1806	located as to the status as sold or unsold, and as to the
1807	identity of the owner, of the burial rights and related
1808	interment spaces in the cemetery, the licensing authority shall
1809	by rule establish requirements for minimum records to be
1810	maintained by licensees under this section.
1811	(4)  The licensing authority may by rule require
1812	inspections of the records of licensees under this section.
1813	(5)(2)  The department, by rule, shall provide for the
1814	biennial renewal of licenses under this section and a renewal
1815	fee as determined by licensing authority rule but not to exceed
1816	$250.
1817	(6)(3)  The licensure requirements of this section shall
1818	not apply to persons otherwise licensed pursuant to this
1819	chapter, but such persons, if they engage in activity as burial
1820	rights brokers, shall be subject to rules relating to required
1821	records and inspections.
1822	(4)  The licensing authority may by rule specify records of
1823	brokerage transactions which shall be required to be maintained
1824	by burial rights brokers licensed under this subsection, and
1825	which shall be subject to inspection by the department.
1826	Section 26.  Subsection (12) is added to section 497.365,
1827	Florida Statutes, as created by chapter 2004-301, Laws of
1828	Florida, to read:
1829	497.365  Licensure; inactive and delinquent status.--
1830	(12)  The board shall prescribe by rule an application fee
1831	for inactive status, a renewal fee for inactive status, a
1832	delinquency fee, and a fee for reactivation of a license. None
1833	of these fees may exceed the biennial renewal fee established by
1834	the board for an active license. The department may not
1835	reactivate a license unless the inactive or delinquent licensee
1836	has paid any applicable biennial renewal or delinquency fee, or
1837	both, and a reactivation fee.
1838	Section 27.  Paragraph (c) of subsection (1) of section
1839	497.368, Florida Statutes, as renumbered and amended by section
1840	73 of chapter 2004-301, Laws of Florida, is amended to read:
1841	497.368  Embalmers; licensure as an embalmer by
1842	examination; provisional license.--
1843	(1)  Any person desiring to be licensed as an embalmer
1844	shall apply to the licensing authority to take the licensure
1845	examination. The licensing authority shall examine each
1846	applicant who has remitted an examination fee set by rule of the
1847	licensing authority not to exceed $200 plus the actual per
1848	applicant cost to the licensing authority for portions of the
1849	examination and who has:
1850	(c)  Made disclosure of the applicant's criminal records,
1851	if any, as required by s. 497.142. The applicant shall submit
1852	fingerprints in accordance with s. 497.142. The applicant may
1853	not be licensed under this section unless the licensing
1854	authority determines the applicant is of good character and has
1855	no demonstrated history of lack of trustworthiness or integrity
1856	in business or professional matters. Had no conviction or
1857	finding of guilt, regardless of adjudication, for a crime which
1858	directly relates to the ability to practice embalming or the
1859	practice of embalming.
1860	Section 28.  Paragraph (d) is added to subsection (1) of
1861	section 497.369, Florida Statutes, as renumbered and amended by
1862	section 74 of chapter 2004-301, Laws of Florida, to read:
1863	497.369  Embalmers; licensure as an embalmer by
1864	endorsement; licensure of a temporary embalmer.--
1865	(1)  The licensing authority shall issue a license by
1866	endorsement to practice embalming to an applicant who has
1867	remitted an examination fee set by rule of the licensing
1868	authority not to exceed $200 and who the licensing authority
1869	certifies:
1870	(d)  Has made disclosure of the applicant's criminal
1871	records, if any, as required by s. 497.142. The applicant shall
1872	submit fingerprints in accordance with s. 497.142. The applicant
1873	may not be licensed under this section unless the licensing
1874	authority determines the applicant is of good character and has
1875	no demonstrated history of lack of trustworthiness or integrity
1876	in business or professional matters.
1877	Section 29.  Paragraph (c) of subsection (1) of section
1878	497.373, Florida Statutes, as renumbered and amended by section
1879	78 of chapter 2004-301, Laws of Florida, is amended to read:
1880	497.373  Funeral directing; licensure as a funeral director
1881	by examination; provisional license.--
1882	(1)  Any person desiring to be licensed as a funeral
1883	director shall apply to the licensing authority to take the
1884	licensure examination. The licensing authority shall examine
1885	each applicant who has remitted an examination fee set by rule
1886	of the licensing authority not to exceed $200 plus the actual
1887	per applicant cost to the licensing authority for portions of
1888	the examination and who the licensing authority certifies has:
1889	(c)  Made disclosure of the applicant's criminal records,
1890	if any, as required by s. 497.142. The applicant shall submit
1891	fingerprints in accordance with s. 497.142. The applicant may
1892	not be licensed under this section unless the licensing
1893	authority determines the applicant is of good character and has
1894	no demonstrated history of lack of trustworthiness or integrity
1895	in business or professional matters. Had no conviction or
1896	finding of guilt, regardless of adjudication, for a crime which
1897	directly relates to the ability to practice funeral directing or
1898	the practice of funeral directing.
1899	Section 30.  Paragraph (d) is added to subsection (1) of
1900	section 497.374, Florida Statutes, as renumbered and amended by
1901	section 79 of chapter 2004-301, Laws of Florida, to read:
1902	497.374  Funeral directing; licensure as a funeral director
1903	by endorsement; licensure of a temporary funeral director.--
1904	(1)  The licensing authority shall issue a license by
1905	endorsement to practice funeral directing to an applicant who
1906	has remitted a fee set by rule of the licensing authority not to
1907	exceed $200 and who:
1908	(d)  Has made disclosure of the applicant's criminal
1909	records, if any, as required by s. 497.142. The applicant shall
1910	submit fingerprints in accordance with s. 497.142. The applicant
1911	may not be licensed under this section unless the licensing
1912	authority determines the applicant is of good character and has
1913	no demonstrated history of lack of trustworthiness or integrity
1914	in business or professional matters.
1915	Section 31.  Subsection (1) of section 497.376, Florida
1916	Statutes, as renumbered and amended by section 81 of chapter
1917	2004-301, Laws of Florida, is amended to read:
1918	497.376  License as funeral director and embalmer
1919	permitted; display of license.--
1920	(1)  Nothing in this chapter may be construed to prohibit a
1921	person from holding a license as an embalmer and a license as a
1922	funeral director at the same time. There may be issued and
1923	renewed by the licensing authority a combination license as both
1924	funeral director and embalmer to persons meeting the separate
1925	requirements for both licenses as set forth in this chapter. The
1926	licensing authority may adopt rules providing procedures for
1927	applying for and renewing such combination license. The
1928	licensing authority may by rule establish application, renewal,
1929	and other fees for such combination license, which fees shall
1930	not exceed the sum of the maximum fees for the separate funeral
1931	director and embalmer license categories as provided in this
1932	chapter. Persons holding a combination license as a funeral
1933	director and an embalmer shall be subject to regulation under
1934	this chapter both as a funeral director and an embalmer.
1935	Section 32.  Subsection (1) of section 497.378, Florida
1936	Statutes, as amended and renumbered by section 83 of chapter
1937	2004-301, Laws of Florida, is amended to read:
1938	497.378  Renewal of funeral director and embalmer
1939	licenses.--
1940	(1)  There shall be renewed a funeral director or embalmer
1941	license upon receipt of the renewal application and fee set by
1942	the licensing authority not to exceed $500 $250. The licensing
1943	authority may prescribe by rule continuing education
1944	requirements of up to 12 classroom hours and may by rule
1945	establish criteria for accepting alternative nonclassroom
1946	continuing education on an hour-for-hour basis, in addition to a
1947	licensing authority-approved course on communicable diseases
1948	that includes the course on human immunodeficiency virus and
1949	acquired immune deficiency syndrome required by s. 497.367, for
1950	the renewal of a funeral director or embalmer license. The rule
1951	may provide for the waiver of continuing education requirements
1952	in circumstances that would justify the waiver, such as
1953	hardship, disability, or illness. The continuing education
1954	requirement is not required after July 1, 1996, for a licensee
1955	who is over the age of 75 years if the licensee does not qualify
1956	as the sole person in charge of an establishment or facility.
1957	Section 33.  Subsections (1), (4), (5), and (12) of section
1958	497.380, Florida Statutes, as renumbered and amended by section
1959	85 of chapter 2004-301, Laws of Florida, are amended to read:
1960	497.380  Funeral establishment; licensure.--
1961	(1)  A funeral establishment shall be a place at a specific
1962	street address or location consisting of at least 1,250
1963	contiguous interior square feet and shall must maintain or make
1964	arrangements for either capacity for the refrigeration and
1965	storage of dead human bodies handled and stored by the
1966	establishment and a preparation room equipped with necessary
1967	ventilation and drainage and containing necessary instruments
1968	for embalming dead human bodies or shall must make arrangements
1969	for a preparation room as established by rule.
1970	(4)  Application for a funeral establishment license shall
1971	be made on forms and pursuant to procedures specified by rule,
1972	shall be accompanied by a nonrefundable fee not to exceed $300
1973	as set by licensing authority rule, and shall include the name
1974	of the licensed funeral director who is in charge of that
1975	establishment. The applicant shall be required to make
1976	disclosure of the applicant's criminal records, if any, as
1977	required by s. 497.142. The applicant shall submit fingerprints
1978	in accordance with s. 497.142. A duly completed application
1979	accompanied by the required fees shall be approved and the
1980	license issued if the proposed funeral establishment has passed
1981	an inspection pursuant to rule of the licensing authority, the
1982	licensing authority determines the applicant is of good
1983	character and has no demonstrated history of lack of
1984	trustworthiness or integrity in business or professional
1985	matters, and the applicant otherwise is in compliance with all
1986	applicable requirements of this chapter.
1987	(5)  A funeral establishment license shall be renewable
1988	biennially pursuant to procedures, and upon payment of a
1989	nonrefundable fee not to exceed $500 $300, as set by licensing
1990	authority rule. The licensing authority may also establish by
1991	rule a delinquency fee not to exceed $50 per day.
1992	(12)(a)  A change in ownership of a funeral establishment
1993	shall be promptly reported pursuant to procedures established by
1994	rule and shall require the relicensure of the funeral
1995	establishment, including reinspection and payment of applicable
1996	fees.
1997	(b)  A change in location of a funeral establishment shall
1998	be promptly reported to the licensing authority pursuant to
1999	procedures established by rule. Operations by the licensee at a
2000	new location may not commence until an inspection by the
2001	licensing authority of the facilities, pursuant to rules of the
2002	licensing authority, has been conducted and passed at the new
2003	location.
2004	Section 34.  Paragraphs (a) and (g) of subsection (1) and
2005	paragraphs (a), (f), and (g) of subsection (2) of section
2006	497.385, Florida Statutes, as renumbered and amended by section
2007	90 of chapter 2004-301, Laws of Florida, are amended, and
2008	paragraph (i) is added to subsection (2) of said section, to
2009	read:
2010	497.385  Removal services; refrigeration facilities;
2011	centralized embalming facilities.--In order to ensure that the
2012	removal, refrigeration, and embalming of all dead human bodies
2013	is conducted in a manner that properly protects the public's
2014	health and safety, the licensing authority shall adopt rules to
2015	provide for the licensure of removal services, refrigeration
2016	facilities, and centralized embalming facilities operated
2017	independently of funeral establishments, direct disposal
2018	establishments, and cinerator facilities.
2019	(1)  REMOVAL SERVICES AND REFRIGERATION SERVICES.--
2020	(a)  Application for licensure of a removal service or a
2021	refrigeration service shall be made using forms and procedures
2022	as specified by rule, shall be accompanied by a nonrefundable
2023	fee not to exceed $300 as set by licensing authority rule, and
2024	shall include the name of the business owner, manager in charge,
2025	business address, and copies of occupational and other local
2026	permits. The applicant shall be required to make disclosure of
2027	the applicant's criminal records, if any, as required by s.
2028	497.142. The applicant shall submit fingerprints in accordance
2029	with s. 497.142. A duly completed application accompanied by the
2030	required fees shall be approved and the license issued if the
2031	applicant has passed an inspection pursuant to rule of the
2032	licensing authority, the licensing authority determines the
2033	applicant is of good character and has no demonstrated history
2034	of lack of trustworthiness or integrity in business or
2035	professional matters, and the applicant otherwise is in
2036	compliance with all applicable requirements of this chapter.
2037	(g)1.  A change in ownership shall be promptly reported
2038	using forms and procedures specified by rule and may require the
2039	relicensure of the licensee, including reinspection and payment
2040	of applicable fees, as required by rule.
2041	2.  A change in location shall be promptly reported to the
2042	licensing authority pursuant to procedures established by rule.
2043	Operations by the licensee at a new location may not commence
2044	until an inspection by the licensing authority of the
2045	facilities, pursuant to rules of the licensing authority, has
2046	been conducted and passed at the new location.
2047	(2)  CENTRALIZED EMBALMING FACILITIES.--In order to ensure
2048	that all funeral establishments have access to embalming
2049	facilities that comply with all applicable health and safety
2050	requirements, the licensing authority shall adopt rules to
2051	provide for the licensure and operation of centralized embalming
2052	facilities and shall require, at a minimum, the following:
2053	(a)  All centralized embalming facilities shall contain all
2054	of the equipment and meet all of the requirements that a
2055	preparation room located in a funeral establishment is required
2056	to meet, but such facilities shall not be required to comply
2057	with any of the other requirements for funeral establishments,
2058	as set forth in s. 497.380. The licensing authority may adopt
2059	rules establishing the equipment and other requirements for
2060	operation of a centralized embalming facility consistent with
2061	this paragraph.
2062	(f)  Application for licensure of a centralized embalming
2063	facility shall be made utilizing forms and procedures prescribed
2064	by rule and shall be accompanied by a nonrefundable fee not to
2065	exceed $300 as set by licensing authority rule, and licensure
2066	shall be renewed biennially pursuant to procedures and upon
2067	payment of a nonrefundable fee not to exceed $300 as set by
2068	licensing authority rule. The licensing authority may also
2069	establish by rule a late fee not to exceed $50 per day. Any
2070	licensure not renewed within 30 days after the renewal date
2071	shall expire without further action by the department. The
2072	applicant shall be required to make disclosure of the
2073	applicant's criminal records, if any, as required by s. 497.142.
2074	The applicant shall submit fingerprints in accordance with s.
2075	497.142. A duly completed application accompanied by the
2076	required fees shall be approved and the license issued if the
2077	applicant has passed an inspection pursuant to rule of the
2078	licensing authority, the licensing authority determines the
2079	applicant is of good character and has no demonstrated history
2080	of lack of trustworthiness or integrity in business or
2081	professional matters, and the applicant otherwise is in
2082	compliance with all applicable requirements of this chapter.
2083	(g)  The licensing authority shall set by rule an annual
2084	inspection fee not to exceed $300, payable upon application for
2085	licensure and upon renewal of such licensure. Centralized
2086	embalming facilities shall be subject to inspection before
2087	issuance of license and annually thereafter and also upon change
2088	of location and during investigation of any complaint. A
2089	centralized embalming facility shall notify the licensing
2090	authority of any change in location. A change in ownership shall
2091	be promptly reported to the licensing authority using forms and
2092	procedures specified by rule and may require the relicensure of
2093	the licensee, including reinspection and payment of applicable
2094	fees, as required by rule. The licensing authority shall adopt
2095	rules establishing inspection criteria and otherwise
2096	establishing forms and procedures for the implementation of this
2097	paragraph.
2098	(i)  A change in location shall be promptly reported to the
2099	licensing authority pursuant to procedures established by rule.
2100	Operations by the licensee at a new location may not commence
2101	until an inspection by the licensing authority of the
2102	facilities, pursuant to rules of the licensing authority, has
2103	been conducted and passed at the new location.
2104	Section 35.  Section 497.453, Florida Statutes, as
2105	renumbered and amended by section 102 of chapter 2004-301, Laws
2106	of Florida, is amended to read:
2107	497.453  Application for preneed license, procedures and
2108	criteria; renewal; reports.--
2109	(1)  PRENEED LICENSE APPLICATION PROCEDURES.--
2110	(a)  A person seeking a license to enter into preneed
2111	contracts shall apply for such licensure using forms prescribed
2112	by rule.
2113	(b)  The application shall require the name, business
2114	address, residence address, date and place of birth or
2115	incorporation, and business phone number of the applicant and
2116	all principals of the applicant. The application shall require
2117	the applicant's social security number, or, if the applicant is
2118	an entity, its federal tax identification number.
2119	(c)  The application may require information as to the
2120	applicant's financial resources.
2121	(d)  The application may require information as to the
2122	educational and employment history of an individual applicant;
2123	and as to applicants that are not natural persons, the business
2124	and employment history of the applicant and principals of the
2125	applicant.
2126	(e)  The applicant shall be required to make disclosure of
2127	the applicant's criminal records, if any, as required by s.
2128	497.142. The application shall require the applicant to disclose
2129	whether the applicant or any of the applicant's principals have
2130	ever been convicted or found guilty of, or entered a plea of no
2131	contest to, regardless of adjudication, any crime in any
2132	jurisdiction.
2133	(f)  The application shall require the applicant to
2134	disclose whether the applicant or any of the applicant's
2135	principals have ever had a license or the authority to practice
2136	a profession or occupation refused, suspended, fined, denied, or
2137	otherwise acted against or disciplined by the licensing
2138	authority of any jurisdiction. A licensing authority's
2139	acceptance of a relinquishment of licensure, stipulation,
2140	consent order, or other settlement, offered in response to or in
2141	anticipation of the filing of charges against the license, shall
2142	be construed as action against the license.
2143	(g)  The applicant shall submit fingerprints in accordance
2144	with s. 497.142. The application shall require the applicant and
2145	its principals to provide fingerprints in accordance with part I
2146	of this chapter.
2147	(h)  The application shall state the name and license
2148	number of the funeral establishment, cemetery company, direct
2149	disposal establishment, or monument establishment, under whose
2150	license the preneed application is made.
2151	(i)  The application shall state the types of preneed
2152	contracts proposed to be written.
2153	(j)  The application shall disclose the existence of all
2154	preneed contracts for service or merchandise entered into by the
2155	applicant, or by any other entity under common control with the
2156	applicant, without or prior to authorization under this section
2157	or predecessors to this section. As to each such contract, the
2158	applicant shall disclose the name and address of the contract
2159	purchaser, the status of the contract, and what steps or
2160	measures the applicant has taken to ensure performance of
2161	unfulfilled contracts, setting forth the treatment and status of
2162	funds received from the customer in regard to the contract, and
2163	stating the name and address of any institution where such funds
2164	are deposited and the number used by the institution to identify
2165	the account. With respect to contracts entered into before
2166	January 1, 1983, an application to issue or renew a preneed
2167	license may not be denied solely on the basis of such
2168	disclosure. The purchaser of any such contract may not be
2169	required to liquidate the account if such account was
2170	established before July 1, 1965. Information disclosed may be
2171	used by the licensing authority to notify the contract purchaser
2172	and the institution in which such funds are deposited should the
2173	holder of a preneed license be unable to fulfill the
2174	requirements of the contract.
2175	(k)  The application shall require the applicant to
2176	demonstrate that the applicant complies and will comply with all
2177	requirements for preneed contract licensure under this chapter.
2178	(l)  The application may require any other information
2179	considered necessary by the department or board to meet its
2180	responsibilities under this chapter.
2181	(m)  The application shall be sworn to and signed in
2182	accordance with s. 497.141(12) by the applicant if a natural
2183	person, or by the president of an applicant that is not a
2184	natural person.
2185	(n)  The application shall be accompanied by a
2186	nonrefundable fee as determined by licensing authority rule but
2187	not to exceed $500.
2188	(2)  ACTION CONCERNING APPLICATIONS.--A duly completed
2189	application for licensure under this section, accompanied by the
2190	required fees, shall be approved and a license issued, if the
2191	licensing authority determines that the following conditions are
2192	met:
2193	(a)  The application is made by a funeral establishment,
2194	cemetery company, direct disposal establishment, or monument
2195	establishment, or on behalf of one of the preceding licensees by
2196	its agent in the case of a corporate entity, licensed and in
2197	good standing under this chapter.
2198	(b)  The applicant meets net worth requirements specified
2199	by rule of the licensing authority.
2200	1.  The net worth required by rule to obtain or renew a
2201	preneed license and write and carry up to $100,000 in total
2202	retail value of outstanding preneed contracts shall not exceed
2203	$20,000. The board may specify higher net worth requirements by
2204	increments, for total retail value of outstanding preneed
2205	contracts carried in excess of $100,000, as the board determines
2206	necessary for the protection of the public.
2207	2.  An applicant to obtain or renew a preneed license who
2208	cannot demonstrate the required initial minimum net worth may
2209	voluntarily submit to the licensing authority, and request
2210	acceptance of, alternative evidence of financial stability and
2211	resources or agree to additional oversight in lieu of the
2212	required net worth. Such additional evidence or oversight may
2213	include, as appropriate, one or more of the following:
2214	a.  An agreement to submit monthly financial statements of
2215	the entity.
2216	b.  An agreement to submit quarterly financial statements
2217	of the entity.
2218	c.  An appraisal of the entity's property or broker's
2219	opinion of the entity's assets.
2220	d.  A credit report of the entity or its principals.
2221	e.  A subordination-of-debt agreement from the entity's
2222	principals.
2223	f.  An indemnification or subrogation agreement binding the
2224	entity and its principals.
2225	g.  A guarantee agreement for the entity from its
2226	principals.
2227	h.  A written explanation of past financial activity.
2228	i.  Submission of a 12-month projected business plan that
2229	includes:
2230	(I)  A statement of cash flows.
2231	(II)  Pro forma income statements, with sources of revenues
2232	identified.
2233	(III)  Marketing initiatives.
2234	j.  Submission of previous department examination reports.
2235	k.  An agreement of 100 percent voluntary trust by the
2236	entity.
2237	3.  The licensing authority may accept such alternative
2238	evidence or arrangements in lieu of the required net worth only
2239	if the licensing authority determines such alternative evidence
2240	or arrangements are an adequate substitute for required net
2241	worth and that acceptance would not substantially increase the
2242	risk to existing or future customers of nonperformance by the
2243	applicant or licensee on its retail sales agreements.
2244	(c)  The applicant has and will have the ability to
2245	discharge her or his liabilities as they become due in the
2246	normal course of business, and has and will have sufficient
2247	funds available during the calendar year to perform her or his
2248	obligations under her or his contracts.
2249	(d)  If the applicant or any entity under common control
2250	with the applicant has entered into preneed contracts prior to
2251	being authorized to do so under the laws of this state:
2252	1.  The licensing authority determines that adequate
2253	provision has been made to ensure the performance of such
2254	contracts.
2255	2.  The licensing authority determines that the improper
2256	sale of such preneed contracts prior to authorization under this
2257	chapter does not indicate, under the facts of the particular
2258	application in issue, that the applicant has a disregard of the
2259	laws of this state such as would expose the public to
2260	unreasonable risk if the applicant were issued a preneed
2261	license.
2262	3.  Nothing in this section shall imply any authorization
2263	to enter into preneed contracts without authorization under this
2264	chapter.
2265	(e)  Neither the applicant nor the applicant's principals
2266	have a demonstrated history of conducting their business affairs
2267	to the detriment of the public.
2268	(f)  The applicant and the applicant's principals are of
2269	good character and have no demonstrated history of lack of
2270	trustworthiness or integrity in business or professional
2271	matters.
2272	(g)  The applicant does and will comply with all other
2273	requirements of this chapter relating to preneed licensure.
2274	(3)  ISSUANCE OF LICENSES ON PROBATIONARY STATUS.--It is
2275	the policy of this state to encourage competition for the public
2276	benefit in the preneed contract business by, among other means,
2277	the entry of new licensees into that business. To facilitate
2278	issuance of licenses concerning applications judged by the
2279	licensing authority to be borderline as to qualification for
2280	licensure, the licensing authority may issue a new license under
2281	this section on a probationary basis, subject to conditions
2282	specified by the licensing authority on a case-by-case basis,
2283	which conditions may impose special monitoring, reporting, and
2284	restrictions on operations for up to the first 12 months of
2285	licensure, to ensure the licensee's responsibleness, competency,
2286	financial stability, and compliance with this chapter. Provided,
2287	no such probationary license shall be issued unless the
2288	licensing authority determines that issuance would not pose an
2289	unreasonable risk to the public, and the licensing authority
2290	shall must within 12 months after issuance of the license either
2291	remove the probationary status or determine that the licensee is
2292	not qualified for licensure under this chapter and institute
2293	proceedings for revocation of licensure.
2294	(4)  CHANGE IN CONTROL SUBSEQUENT TO LICENSURE.--
2295	(a)  Each licensee under this section shall must provide
2296	notice as required by rule prior to any change in control of the
2297	licensee. Any such change is subject to disapproval or to
2298	reasonable conditions imposed by the licensing authority, for
2299	the protection of the public to ensure compliance with this
2300	chapter, based upon criteria established by rule, which criteria
2301	shall promote the purposes of this part in protecting the
2302	consumer.
2303	(b)  The licensing authority may authorize the transfer of
2304	a preneed license and establish by rule a fee for the transfer
2305	in an amount not to exceed $500. Upon receipt of an application
2306	for transfer, the executive director may grant a temporary
2307	preneed license to the proposed transferee, based upon criteria
2308	established by the licensing authority by rule, which criteria
2309	shall promote the purposes of this chapter in protecting the
2310	consumer. Such a temporary preneed license shall expire at the
2311	conclusion of the next regular meeting of the board unless
2312	renewed by the board. The licensing authority may by rule
2313	establish forms and procedures for the implementation of this
2314	paragraph.
2315	(5)  RENEWAL OF LICENSES.--
2316	(a)  A preneed license shall expire annually on June 1,
2317	unless renewed, or at such other time or times as may be
2318	provided by rule. The application for renewal of the license
2319	shall be on forms prescribed by rule and shall be accompanied by
2320	a renewal fee as specified in paragraph (c).
2321	(b)  Within 3 months after the end of its fiscal period, or
2322	within an extension of time therefor, as the department for good
2323	cause may grant, the licensee shall file with the department a
2324	full and true statement of her or his financial condition,
2325	transactions, and affairs, prepared on a basis as adopted by
2326	rule, as of the end of the preceding fiscal period or at such
2327	other time or times as may be required by rule, together with
2328	such other information and data that which may be required by
2329	rule. To facilitate uniformity in financial statements and to
2330	facilitate department analysis, there may be adopted by rule a
2331	form for financial statements. The rules regarding net worth,
2332	authorized by paragraph (2)(b), shall be applicable to the
2333	renewal of preneed licenses.
2334	(c)1.  Each annual application for renewal of a preneed
2335	license that is not held by a monument establishment shall be
2336	accompanied by the appropriate fee as follows:
2337	a.1.  For a preneed licensee with no preneed contract sales
2338	during the immediately preceding year....$300.
2339	b.2.  For a preneed licensee with at least 1 but fewer than
2340	50 preneed contract sales during the immediately preceding
2341	year....$400.
2342	c.3.  For a preneed licensee with at least 50 but fewer
2343	than 250 preneed contract sales during the immediately preceding
2344	year....$500.
2345	d.4.  For a preneed licensee with at least 250 but fewer
2346	than 1,000 preneed contract sales during the immediately
2347	preceding year....$850.
2348	e.5.  For a preneed licensee with at least 1,000 but fewer
2349	than 2,500 preneed contract sales during the immediately
2350	preceding year....$1,500.
2351	f.6.  For a preneed licensee with at least 2,500 but fewer
2352	than 5,000 preneed contract sales during the immediately
2353	preceding year....$2,500.
2354	g.7.  For a preneed licensee with at least 5,000 but fewer
2355	than 15,000 preneed contract sales during the immediately
2356	preceding year....$6,000.
2357	h.8.  For a preneed licensee with at least 15,000 but fewer
2358	than 30,000 preneed contract sales during the immediately
2359	preceding year....$12,500.
2360	i.9.  For a preneed licensee with 30,000 preneed contract
2361	sales or more during the immediately preceding year....$18,500.
2362	2.  Each annual application for renewal of a preneed
2363	license that is held by a monument establishment shall be
2364	accompanied by the appropriate fee determined by its total gross
2365	aggregate at-need and preneed retail sales for the 12-month
2366	period ending 2 full calendar months prior to the month in which
2367	the renewal is required, as follows:
2368	a.  Total sales of $1 to $50,000:  $1,000 renewal fee.
2369	b.  Total sales of $50,001 to $250,000:  $1,500 renewal
2370	fee.
2371	c.  Total sales of $250,001 to $500,000:  $2,000 renewal
2372	fee.
2373	d.  Total sales over $500,000:  $2,500 renewal fee.
2374	(d)  An application for renewal shall disclose the
2375	existence of all preneed contracts for service or merchandise
2376	funded by any method other than a method permitted by this
2377	chapter, which contracts are known to the applicant and were
2378	entered into by the applicant, or any other entity under common
2379	control with the applicant, during the annual license period
2380	then ending. Such disclosure shall include the name and address
2381	of the contract purchaser, the name and address of the
2382	institution where such funds are deposited, and the number used
2383	by the institution to identify the account.
2384	(e)  In addition to any other penalty that may be provided
2385	for under this chapter, there may be levied a late fee as
2386	determined by licensing authority rule but not to exceed $50 a
2387	day for each day the preneed licensee fails to file its annual
2388	statement, and there may be levied a late fee as determined by
2389	licensing authority rule but not to exceed $50 a day for each
2390	day the preneed licensee fails to file the statement of
2391	activities of the trust. Upon notice to the preneed licensee by
2392	the department that the preneed licensee has failed to file the
2393	annual statement or the statement of activities of the trust,
2394	the preneed licensee's authority to sell preneed contracts shall
2395	cease while such default continues.
2396	(6)  QUARTERLY PAYMENTS.--In addition to other amounts
2397	required to be paid by this section, each preneed licensee shall
2398	pay to the Regulatory Trust Fund an amount established by rule
2399	not to exceed $10 for each preneed contract entered into. This
2400	amount shall must be paid within 60 days after the end of each
2401	quarter. These funds shall must be used to defray the cost of
2402	administering the provisions of this chapter part.
2403	(7)  BRANCH OPERATIONS AND LICENSURE.--
2404	(a)  Any person or entity that is part of a common business
2405	enterprise that has a preneed license issued pursuant to this
2406	section and desires to operate under a name other than that of
2407	the common business enterprise, may submit an application on a
2408	form adopted by rule to become a branch licensee. The
2409	application shall be accompanied by an application fee as
2410	determined by licensing authority rule but not to exceed $300.
2411	(b)  Upon a determination that such branch applicant
2412	qualifies to sell preneed contracts under this part except for
2413	the requirements of paragraph (2)(c), and if the sponsoring
2414	preneed licensee under whose preneed license the branch
2415	applicant seeks branch status meets the requirements of such
2416	paragraph and is in compliance with all requirements of this
2417	part regarding its preneed license and operations thereunder, a
2418	branch license shall be issued.
2419	(c)  Branch licenses shall be renewed annually by payment
2420	of a renewal fee set by licensing authority rule and not to
2421	exceed $500 $300. Branch licenses may be renewed only so long as
2422	the preneed license of the sponsoring preneed licensee remains
2423	in good standing.
2424	(d)  Violations of this part by the branch shall be deemed
2425	to be violations of this part by its sponsoring preneed
2426	licensee, unless the licensing authority determines that
2427	extenuating circumstances indicate that it would be unjust to
2428	attribute the branch's misconduct to the sponsoring preneed
2429	licensee. Preneed sales of the branch shall be deemed to be
2430	sales of the sponsoring licensee for purposes of renewal fees
2431	and trust requirements under this chapter.
2432	(e)  The sponsoring preneed licensee shall be responsible
2433	for performance of preneed contracts entered into by its branch
2434	if the branch does not timely fulfill any such contract.
2435	(8)  ANNUAL TRUST REPORTS.--On or before April 1 of each
2436	year, the preneed licensee shall file in the form prescribed by
2437	rule a full and true statement as to the activities of any trust
2438	established by it pursuant to this part for the preceding
2439	calendar year.
2440	(9)  DEPOSIT OF FUNDS.--All sums collected under this
2441	section shall be deposited to the credit of the Regulatory Trust
2442	Fund.
2443	Section 36.  Subsection (6) of section 497.456, Florida
2444	Statutes, as renumbered and amended by section 105 of chapter
2445	2004-301, Laws of Florida, is amended to read:
2446	497.456  Preneed Funeral Contract Consumer Protection Trust
2447	Fund.--
2448	(6)  Upon the commencement of a delinquency proceeding
2449	pursuant to this chapter against a preneed licensee, the
2450	licensing authority may use up to 50 percent of the balance of
2451	the trust fund not already committed to a prior delinquency
2452	proceeding solely for the purpose of establishing a receivership
2453	and providing restitution to preneed contract purchasers and
2454	their estates due to a preneed licensee's failure to provide the
2455	benefits of a preneed contract or failure to refund the
2456	appropriate principal amount by reason of cancellation thereof.
2457	The balance of the trust fund shall be determined as of the date
2458	of the delinquency proceeding.
2459	Section 37.  Paragraph (h) of subsection (1) and subsection
2460	(4) of section 497.458, Florida Statutes, as renumbered and
2461	amended by section 107 of chapter 2004-301, Laws of Florida, are
2462	amended to read:
2463	497.458  Disposition of proceeds received on contracts.--
2464	(1)
2465	(h)  In no event may trust funds be loaned, directly or
2466	indirectly, to any of the following persons: the preneed
2467	licensee; any entity under any degree of common control with the
2468	preneed licensee; any employee, director, full or partial owner,
2469	or principal of the preneed licensee; or any person related by
2470	blood or marriage to any of those persons. In no event may trust
2471	funds, directly or indirectly, be invested in or with, or loaned
2472	to, any business or business venture in which any of the
2473	following persons have an interest: the preneed licensee; any
2474	entity under any degree of common control with the preneed
2475	licensee; any employee, director, full or partial owner, or
2476	principal of the preneed licensee; or any person related by
2477	blood or marriage to any of those persons. In no event may said
2478	funds be loaned to a preneed licensee, an affiliate of a preneed
2479	licensee, or any person directly or indirectly engaged in the
2480	burial, funeral home, or cemetery business.
2481	(4)(a)  Trust funds shall not be invested in or loaned to
2482	or for the benefit of any business venture in which the preneed
2483	licensee, its principals, or persons related by blood or
2484	marriage to the licensee or its principals, have a direct or
2485	indirect interest, without the prior approval of the licensing
2486	authority.
2487	(b)  Trust funds shall not be loaned to or for the benefit
2488	of the preneed licensee, its principals, or persons related by
2489	blood or marriage to the licensee or its principals, without the
2490	prior approval of the licensing authority.
2491	(c)  No approval of such loans or investments shall be
2492	given unless it be shown by clear and convincing evidence that
2493	such loan or investment would be in the interest of the preneed
2494	contract holders whose contracts are secured by the trust funds.
2495	(d)  The licensing authority may adopt rules exempting from
2496	the prohibition of paragraph (1)(h) this subsection, pursuant to
2497	criteria established in such rule, the investment of trust funds
2498	in investments, such as widely and publicly traded stocks and
2499	bonds, notwithstanding that the licensee, its principals, or
2500	persons related by blood or marriage to the licensee or its
2501	principals have an interest by investment in the same entity,
2502	where neither the licensee, its principals, or persons related
2503	by blood or marriage to the licensee or its principals have the
2504	ability to control the entity invested in, and it would be in
2505	the interest of the preneed contract holders whose contracts are
2506	secured by the trust funds to allow the investment.
2507	Section 38.  Section 497.466, Florida Statutes, as
2508	renumbered and amended by section 115 of chapter 2004-301, Laws
2509	of Florida, is amended to read:
2510	497.466  Preneed sales agents, license required;
2511	application procedures and criteria; appointment of agents;
2512	responsibility of preneed licensee.--
2513	(1)  GENERAL PROVISIONS APPLICABLE TO PRENEED SALES
2514	AGENTS.--
2515	(a)  All persons individuals who offer preneed contracts to
2516	the public, or who execute preneed contracts on behalf of a
2517	preneed licensee, including all persons individuals who offer,
2518	sell, or sign contracts for the preneed sale of burial rights,
2519	shall be licensed as preneed sales agents, pursuant to this
2520	section. Persons, unless such individuals are licensed as
2521	funeral directors pursuant to this chapter may engage in preneed
2522	sales for the preneed licensee with whom they are affiliated
2523	without preneed sales agent licensure or appointment under this
2524	section.
2525	(b)  All preneed sales agents and funeral directors acting
2526	as preneed sales agents must be employed by or under written
2527	contract with the preneed licensee that they are representing.
2528	(c)  A preneed licensee shall be responsible for the
2529	activities of all preneed sales agents and all funeral directors
2530	acting as preneed sales agents, who are affiliated with the
2531	preneed licensee and who perform any type of preneed-related
2532	activity on behalf of the preneed licensee. In addition to the
2533	preneed sales agents and funeral directors acting as preneed
2534	sales agents, each preneed licensee shall also be subject to
2535	discipline if its preneed sales agents or funeral directors
2536	acting as preneed sales agents violate any provision of this
2537	chapter.
2538	(d)  A preneed sales agent and a funeral director acting as
2539	a preneed sales agent shall be authorized to sell, offer, and
2540	execute preneed contracts on behalf of all entities owned or
2541	operated by its sponsoring preneed licensee.
2542	(e)  An individual may be licensed as a preneed sales agent
2543	on behalf of more than one preneed licensee, provided that the
2544	individual has received the written consent of all such preneed
2545	licensees and makes separate application under this section for
2546	each such agency.
2547	(f)  A sponsoring preneed licensee shall notify the
2548	department in writing within 30 days after the sponsored preneed
2549	sales agent's authority to represent that preneed licensee has
2550	terminated.
2551	(2)  PRENEED SALES AGENT LICENSE; APPLICATION PROCEDURES.--
2552	(a)  A person may hold only one preneed sales agent license
2553	at a time seeking licensure as a preneed sales agent shall apply
2554	for such licensure using forms prescribed by rule of the
2555	licensing authority.
2556	(b)  No preneed sales agent license shall be issued to a
2557	person under age 18.
2558	(c)  Persons desiring a preneed sales agent license shall
2559	apply to the department for such license. The application shall
2560	require the name, residence address, residence phone number if
2561	any, and date and place of birth of the preneed sales agent
2562	applicant. Applicants shall be at least 18 years of age. The
2563	application shall require identification of the name, address,
2564	and license number of the sponsoring preneed licensee. The
2565	application shall require the preneed sales agent applicant's
2566	social security number and the federal tax identification number
2567	of the sponsoring preneed licensee.
2568	(c)  The application shall require information as to the
2569	educational and employment history of the preneed sales agent
2570	applicant.
2571	(d)  The application shall require the preneed sales agent
2572	applicant to disclose any criminal record, as required by s.
2573	497.142 whether the preneed sales agent applicant has ever been
2574	convicted or found guilty of, or entered a plea of no contest
2575	to, regardless of adjudication, any crime in any jurisdiction.
2576	(e)  The application shall require the preneed sales agent
2577	applicant to disclose whether the preneed sales agent applicant
2578	has ever had a license or the authority to practice a profession
2579	or occupation refused, suspended, fined, denied, or otherwise
2580	acted against or disciplined by the licensing authority of any
2581	jurisdiction. A licensing authority's acceptance of a
2582	relinquishment of licensure, stipulation, consent order, or
2583	other settlement, offered in response to or in anticipation of
2584	the filing of charges against the license, shall be construed as
2585	action against the license.
2586	(f)  The application shall require identification by the
2587	preneed sales agent applicant of the preneed licensee whom the
2588	preneed sales agent applicant believes will initially appoint
2589	the preneed sales agent applicant if a preneed sales agent
2590	license is issued. The application shall require a
2591	representation by the sponsoring preneed licensee, that:
2592	1.  The sponsoring preneed licensee's license is in good
2593	standing.
2594	2.  Upon licensure as a preneed sales agent the sponsored
2595	preneed sales agent applicant will be authorized to offer, sell,
2596	and sign preneed contracts on behalf of the preneed licensee.
2597	3.  The preneed licensee has trained the applicant in the
2598	provisions of this chapter relating to preneed sales, the
2599	provisions of the preneed licensee's preneed contracts, and the
2600	nature of the merchandise, services, or burial rights sold by
2601	the preneed licensee.
2602	(g)  The application shall require the preneed sales agent
2603	applicant to indicate whether the applicant has any type of
2604	working relationship with any other preneed licensee or
2605	insurance company, and if yes, to identify such other preneed
2606	licensee or insurance company, as the case may be.
2607	(h)  The applicant shall be required to submit her or his
2608	fingerprints in accordance with part I of this chapter.
2609	(g)(i)  The application shall be signed by the applicant
2610	and by an officer or manager of the sponsoring preneed licensee.
2611	The licensing authority may accept electronic signatures.
2612	(h)(j)  The application shall be accompanied by a
2613	nonrefundable fee of $150 if made through the department's on-
2614	line licensing system or $175 if made using paper forms. Payment
2615	of either fee shall entitle the applicant to one initial
2616	appointment without payment of further fees by the preneed sales
2617	agent or the appointing preneed licensee if a preneed sales
2618	agent license is issued $100. The licensing authority may from
2619	time to time increase such fees fee but not to exceed $300 $200.
2620	(3)  ISSUANCE OF A TEMPORARY PRENEED SALES AGENT LICENSE
2621	ACTION CONCERNING APPLICATIONS; TEMPORARY AND REGULAR
2622	LICENSURE.--
2623	(a)  Upon receipt of a duly completed application and the
2624	required fee, a temporary preneed sales agent license shall be
2625	issued to the applicant if:
2626	1.  The applicant is at least 18 years of age.
2627	2.  The application indicates that the applicant has no
2628	disciplinary or criminal record and the department has no record
2629	indicating the applicant has any disciplinary or criminal
2630	record.
2631	3.  The applicant has never previously held a temporary
2632	preneed sales agent license that lapsed for failure to submit
2633	fingerprints as required by this section.
2634	(b)  A temporary preneed sales agent license shall be valid
2635	for only 120 days from the date issued and may not be renewed.
2636	(c)  An applicant for a preneed sales agent license who has
2637	previously been issued a temporary preneed sales agent license
2638	that for any reason expired without becoming permanent shall not
2639	thereafter be eligible for another temporary preneed sales agent
2640	license. Such person may apply again for a preneed sales agent
2641	license, but no license shall be issued until fingerprints are
2642	provided as required by s. 497.142, a report is received from
2643	the Department of Law Enforcement advising that the applicant
2644	has no criminal record, and the applicant is otherwise
2645	determined by the department and board to qualify for preneed
2646	sales agent licensure.
2647	(4)  CONVERSION OF TEMPORARY PRENEED SALES AGENT LICENSE TO
2648	PERMANENT PRENEED SALES AGENT LICENSE.--
2649	(a)  A temporary preneed sales agent licensee who desires
2650	to obtain a permanent preneed sales agent license shall, within
2651	90 days after issuance of the temporary preneed sales agent
2652	license, submit his or her fingerprints to the licensing
2653	authority for a criminal background check, in accordance with s.
2654	497.142. Unless the department determines prior to the
2655	expiration of the temporary preneed sales agent license that the
2656	temporary licensee has a criminal or disciplinary record, the
2657	temporary preneed sales agent license shall automatically be
2658	converted to a permanent preneed sales agent license.
2659	(b)  The department shall promptly give written notice to
2660	the temporary preneed sales agent licensee, and to all preneed
2661	licensees who have the temporary preneed sales agent under
2662	appointment, that such preneed sales agent's temporary license
2663	has been converted to a permanent license, or has lapsed, as the
2664	case may be.
2665	(5)  APPLICANTS WITH A CRIMINAL OR DISCIPLINARY RECORD.--
2666	(a)  A preneed sales agent applicant having a criminal or
2667	disciplinary record shall not be eligible for a temporary
2668	preneed sales agent license. No permanent preneed sales agent
2669	license shall be issued to any person with a criminal or
2670	disciplinary record, except upon approval of the board.
2671	(b)  If, while a temporary preneed sales agent license is
2672	in force, the department determines that the temporary licensee
2673	has a criminal or disciplinary record, the temporary license
2674	shall be immediately suspended and shall not automatically
2675	convert to a permanent preneed sales agent license. The
2676	department shall promptly give written notice of the suspension
2677	to the suspended licensee and to all preneed licensees who have
2678	the suspended preneed sales agent licensee under appointment.
2679	The suspended preneed sales agent licensee may, within 21 days
2680	after the date of suspension, petition the board under paragraph
2681	(c) for issuance of a permanent preneed sales agent license
2682	notwithstanding the criminal or disciplinary record. If no
2683	petition for board review is timely received by the department
2684	or board, the temporary preneed sales agent license shall be
2685	revoked.
2686	(c)  An applicant with a criminal or disciplinary record
2687	who desires a permanent preneed sales agent license shall
2688	petition the board for issuance of such license using forms and
2689	procedures as specified by rule. The board shall issue a
2690	permanent preneed sales agent license to an applicant with a
2691	criminal or disciplinary record if the board determines:
2692	1.  That there was no inaccuracy in the application for
2693	license such as indicates the applicant is untrustworthy.
2694	2.  That the applicant, if issued a preneed sales agent
2695	license, would not pose an unreasonable risk to members of the
2696	public who might deal with the applicant in preneed
2697	transactions.
2698	(d)  The board may issue a preneed sales agent license to
2699	an applicant with a criminal or disciplinary record on a
2700	probationary basis and subject to reasonable terms of probation
2701	not to exceed 24 months in duration.
2702	(6)  TERMINATION OF A PERMANENT PRENEED SALES AGENT LICENSE
2703	DUE TO LACK OF APPOINTMENTS.--A permanent preneed sales agent
2704	license shall remain in force without a requirement for renewal
2705	until such time as there have been no appointments of the
2706	preneed sales agent under the license for 48 consecutive months,
2707	at which time the permanent preneed sales agent license will
2708	terminate. The former preneed sales agent licensee may
2709	thereafter apply for issuance of a new preneed sales agent
2710	license under this section.
2711	(7)  APPOINTMENT OF PRENEED SALES AGENTS.--
2712	(a)  A preneed sales agent licensee may be appointed by as
2713	many preneed licensees as desire to appoint the preneed sales
2714	agent licensee. When a preneed sales agent licensee is appointed
2715	by a preneed licensee, the department shall promptly give
2716	written notice to all other preneed licensees then having that
2717	same preneed sales agent under appointment.
2718	(b)  A preneed licensee may appoint a preneed sales agent
2719	licensee by identifying to the department the preneed sales
2720	agent licensee to be appointed, requesting appointment, and
2721	paying the required appointment fee. The appointment request
2722	shall be signed by the preneed licensee. The department may
2723	accept electronic signatures.
2724	(c)  Appointments shall be effective when made and shall
2725	expire 24 months from the last day of the month in which the
2726	appointment was made unless earlier terminated by the preneed
2727	licensee or the preneed sales agent. No initial appointment of a
2728	preneed sales agent licensee may be made until 24 hours after a
2729	temporary preneed sales agent license is issued to that preneed
2730	sales agent. Appointments are effective only so long as the
2731	preneed sales agent licensee's license is in good standing.
2732	(d)  A preneed licensee is responsible for taking
2733	reasonable steps to ensure that the preneed sales agent
2734	licensees it appoints have adequate training regarding preneed
2735	sales.
2736	(e)  Appointments may be renewed for additional 24-month
2737	periods by notification by the preneed licensee to the
2738	department that the preneed licensee desires to renew the
2739	appointment, accompanied by payment by the preneed licensee of
2740	the appointment renewal fee.
2741	(f)  Initial and renewal appointment fees shall be
2742	nonrefundable and shall be $150 if made through the department's
2743	on-line licensing system and $175 if made using paper forms
2744	requiring manual processing by the department. The board may
2745	from time to time by rule increase said appointment fees but not
2746	to exceed $300.
2747	(g)1.  Appointments may be terminated at any time by the
2748	appointing preneed licensee or by the appointed preneed sales
2749	agent licensee.
2750	2.  Termination of appointment shall be accomplished by
2751	notice of termination conveyed to the department and signed by
2752	the person or entity requesting the termination. The department
2753	may accept electronic signatures. There shall be no fee for
2754	termination of appointment accomplished through the department's
2755	on-line licensing system; however, there shall be a fee of $25
2756	for terminations made using paper forms requiring manual
2757	processing by the department.
2758	3.  When an appointment is terminated, whether by the
2759	preneed licensee or the preneed sales agent licensee, the
2760	department shall promptly provide written confirmation of the
2761	termination to both the preneed sales agent licensee and the
2762	preneed licensee at their respective addresses of record with
2763	the department.
2764	4.  If a preneed licensee terminates the authority of a
2765	preneed sales agent license to sell for the preneed licensee,
2766	the preneed licensee shall, within 30 days after such
2767	termination, terminate the appointment as indicated in
2768	subparagraph 2.
2769	5.  If a preneed sales agent licensee terminates the
2770	preneed sales relationship with a preneed licensee, the preneed
2771	sales agent licensee shall, within 30 days after such
2772	termination, terminate the appointment as indicated in
2773	subparagraph 2.
2774	6.  If the license of a preneed sales agent is suspended or
2775	revoked pursuant to disciplinary action by the licensing
2776	authority against the preneed sales agent, the department shall
2777	promptly give written notice of such action to all preneed
2778	licensees then having that preneed sales agent under
2779	appointment.
2780	(8)  ADMINISTRATIVE MATTERS.--
2781	(a)  The licensing authority shall have rulemaking
2782	authority to prescribe forms and procedures for implementation
2783	of this section.
2784	(b)1.  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
2787	hold a permanent preneed sales agent license under this statute
2788	as effective on October 1, 2005.
2789	2.  All persons holding one or more preneed sales agent
2790	licenses in good standing under s. 497.439, as of 11:59 p.m. on
2791	September 30, 2005, shall be deemed as of October 1, 2005, to be
2792	appointed by each preneed licensee in regard to whom they hold a
2793	preneed sales agent license as of 11:59 p.m. on September 30,
2794	2005. Such appointments shall expire on the same date as the
2795	preneed sales agent license would have expired under the law in
2796	effect at 11:59 p.m. on September 30, 2005.
2797	(c)  As used in this section, "criminal record" means and
2798	includes only crimes required to be disclosed under s. 497.142.
2799	(d)  As used in this section, "disciplinary record" means
2800	and includes any instance wherein the applicant has ever had a
2801	license or the authority to practice a profession or occupation
2802	refused, suspended, fined, denied, or otherwise acted against or
2803	disciplined by the licensing authority of any jurisdiction. A
2804	licensing authority's acceptance of a relinquishment of
2805	licensure, stipulation, consent order, or other settlement,
2806	offered in response to or in anticipation of the filing of
2807	charges against the license, shall be construed as action
2808	against the license.
2809	(e)  A preneed licensee shall be responsible for the
2810	activities of all preneed sales agents, and all funeral
2811	directors acting as preneed sales agents, who are affiliated
2812	with the preneed licensee and who perform any type of preneed-
2813	related activity on behalf of the preneed licensee. In addition
2814	to the preneed sales agents and funeral directors acting as
2815	preneed sales agents, each preneed licensee shall also be
2816	subject to discipline if its preneed sales agents or funeral
2817	directors acting as preneed sales agents violate any provision
2818	of this chapter.
2819	(a)  An applicant shall be deemed to have been issued a
2820	temporary preneed sales agent license and may begin functioning
2821	as a preneed sales agent, immediately upon receipt by the
2822	department of a duly completed application for licensure under
2823	this section, if the application shows an applicant of at least
2824	18 years of age who has answered in the negative regarding
2825	paragraphs (2)(d) and (e) relating to prior criminal and
2826	disciplinary actions, and which application is accompanied by
2827	the required application fee. The temporary preneed sales agent
2828	license shall be valid for 90 days unless earlier suspended by
2829	the licensing authority for cause. If the application is
2830	approved by the board within the 90-day period, the temporary
2831	license shall be deemed converted to a regular biennial license
2832	which shall expire in accordance with the schedule established
2833	by the licensing authority by rule.
2834	(b)1.  A person who cannot truthfully answer in the
2835	negative regarding paragraphs (2)(d) and (e) relating to prior
2836	criminal and disciplinary actions, may apply to the licensing
2837	authority for issuance of a preneed sales agent license
2838	notwithstanding such criminal or disciplinary record. The
2839	licensing authority may by rule specify forms and procedures for
2840	use by such persons in applying for preneed sales agent
2841	licensure, to be used by such persons in lieu of the forms and
2842	procedures specified under paragraph (a). Licensure shall be
2843	granted unless the licensing authority reasonably determines
2844	that the prior criminal or disciplinary record indicates that
2845	the granting of licensure would pose unreasonable risk to the
2846	public.
2847	2.  To facilitate issuance of licenses concerning
2848	applicants with criminal or disciplinary records which the
2849	licensing authority judges to make the applicant borderline as
2850	to qualification for licensure, the licensing authority may
2851	issue a new license under this section on a probationary basis,
2852	subject to conditions specified by the licensing authority on a
2853	case-by-case basis, which conditions may impose special
2854	monitoring, reporting, and restrictions on operations for up to
2855	the first 24 months of licensure, to ensure the preneed sales
2856	agent licensee's integrity, trustworthiness, and compliance with
2857	this chapter. Provided, no such probationary license shall be
2858	issued unless the licensing authority determines that issuance
2859	would not pose an unreasonable risk to the public, and the
2860	licensing authority must within 24 months after issuance of the
2861	license either remove the probationary status or determine that
2862	the licensee is not qualified for licensure under this chapter
2863	and institute proceedings for revocation of licensure. The
2864	licensing authority may adopt rules prescribing criteria and
2865	procedures for issuance of such probationary licenses.
2866	(4)  RENEWAL OF LICENSES.--Nontemporary preneed sales agent
2867	licenses under this section shall be renewed biennially in
2868	accordance with a schedule, forms, and procedures established by
2869	rule. The nonrefundable biennial renewal fee shall be as
2870	determined by licensing authority rule but not to exceed $200.
2871	(5)  SIMPLIFIED PROCEDURES FOR SUBSEQUENT CHANGE OF
2872	SPONSORING LICENSEE.--The board may by rule establish simplified
2873	requirements and procedures under which any preneed sales agent,
2874	who within the 12 months preceding application under this
2875	subsection held in good standing a preneed sales agent license
2876	under this section, may obtain a preneed sales agent's license
2877	under this section to represent a different sponsoring preneed
2878	licensee. The simplified requirements shall dispense with the
2879	requirement for submission of fingerprints. The licensing
2880	authority may by rule prescribe forms to be used by applicants
2881	under this subsection, which forms may dispense with the
2882	requirement for any information not deemed by the licensing
2883	authority to be necessary to tracking the identity of the
2884	preneed licensee responsible for the activities of the preneed
2885	sales agent. No preneed sales agent licensee whose sales agent
2886	license issued by the board was revoked or suspended or
2887	otherwise terminated while in other than good standing, shall be
2888	eligible to use the simplified requirements and procedures. The
2889	issuance of a preneed sales agent license under this subsection
2890	shall not operate as a bar to any subsequent disciplinary action
2891	relating to grounds arising prior to obtaining the license under
2892	this subsection. There shall be a fee payable to the department
2893	under such simplified procedures, which fee shall be the same as
2894	the fee paid upon initial application for a preneed sales agent
2895	license, except that no fingerprint fee shall be required if
2896	such fingerprint fee is required for initial applications.
2897	Section 39.  Section 497.468, Florida Statutes, is created
2898	to read:
2899	497.468  Disclosure of information to the public.--A
2900	preneed licensee offering to provide burial rights, merchandise,
2901	or services to the public shall:
2902	(1)  Provide by telephone, upon request, accurate
2903	information regarding the retail prices of burial merchandise
2904	and services offered for sale by the licensee.
2905	(2)  Fully disclose all regularly offered services and
2906	merchandise prior to the customer's selection of burial services
2907	or merchandise. The full disclosure required shall identify the
2908	prices of all burial rights, services, and merchandise provided
2909	by the licensee.
2910	(3)  Not make any false or misleading statements of the
2911	legal requirement as to the necessity of a casket or outer
2912	burial container.
2913	(4)  Provide a good faith estimate of all fees and costs
2914	the customer will incur to use any burial rights, merchandise,
2915	or services purchased.
2916	(5)  Provide to the customer, upon the purchase of any
2917	burial right, merchandise, or service, a written contract the
2918	form of which has been approved by the licensing authority
2919	pursuant to procedures specified by rule. The written contract
2920	shall:
2921	(a)  Be completed as to all essential provisions prior to
2922	the signing of the contract by the customer.
2923	(b)  Provide an itemization of the amounts charged for all
2924	services, merchandise, and fees, which itemization shall be
2925	clearly and conspicuously segregated from everything else on the
2926	written contract.
2927	(c)  Provide a description of the merchandise covered by
2928	the contract to include, when applicable, model, manufacturer,
2929	and other relevant specifications.
2930	(6)  Provide the licensee's policy on cancellation and
2931	refunds to each customer.
2932	(7)  In a manner established by rule of the licensing
2933	authority, provide on the signature page of the written
2934	contract, clearly and conspicuously in boldfaced 10-point type
2935	or larger, the following:
2936	(a)  The words "purchase price."
2937	(b)  The amount to be trusted.
2938	(c)  The amount to be refunded upon contract cancellation.
2939	(d)  The amounts allocated to merchandise, services, and
2940	cash advances.
2941	(e)  The toll-free number of the department which is
2942	available for questions or complaints.
2943	(f)  A statement that the customer shall have 30 days from
2944	the date of execution of contract to cancel the contract and
2945	receive a total refund of all moneys paid for items not used.
2946	(8)  Effective October 1, 2006, display in its offices for
2947	free distribution to all potential customers, and provide to all
2948	customers at the time of sale, a brochure explaining how and by
2949	whom preneed sales are regulated, summarizing consumer rights
2950	under the law, and providing the name, address, and phone number
2951	of the department's consumer affairs division. The format and
2952	content of the brochure shall be as prescribed by rule. The
2953	licensing authority may cause the publication of such brochures
2954	and by rule require that preneed licensees purchase and make
2955	available such brochures as so published, in the licensee's
2956	offices, to all potential customers.
2957	(9)  Provide to each customer a complete description of any
2958	monument, marker, or memorialization to be placed at the
2959	gravesite pursuant to the preneed contract.
2960	Section 40.  Subsection (1) and paragraphs (c), (e), (f),
2961	and (h) of subsection (2) of section 497.550, Florida Statutes,
2962	as renumbered and amended by section 118 of chapter 2004-301,
2963	Laws of Florida, are amended, and paragraph (j) is added to said
2964	subsection, to read:
2965	497.550  Licensure of monument establishments required;
2966	procedures and criteria.--
2967	(1)  LICENSE REQUIRED.--No person shall conduct, maintain,
2968	manage, or operate a monument establishment in this state unless
2969	the monument establishment is licensed pursuant to this part.
2970	(a)  The two categories of monument establishment licensure
2971	available in this state are:
2972	1.  Monument builder.
2973	2.  Monument dealer.
2974	(b)  An applicant for licensure as a monument establishment
2975	shall designate on the application form the category of monument
2976	establishment licensure for which he or she is applying.
2977	(c)  Each monument establishment that is licensed under
2978	this chapter at 11:59 p.m. on September 30, 2005, is, on and
2979	after October 1, 2005, licensed as a monument dealer subject to
2980	the requirements of this chapter. A person who becomes licensed
2981	as a monument dealer by operation of this paragraph may apply to
2982	the board for licensure as a monument builder and, upon payment
2983	of applicable application fees and the granting of such
2984	application and licensure as a monument builder, such person's
2985	licensure as a monument dealer will expire.
2986	(d)  The requirements of this chapter apply to both
2987	monument dealers and monument builders, except as provided in
2988	this paragraph. Each monument establishment shall be a physical
2989	structure that is located at a specific street address, in
2990	compliance with zoning regulations of the appropriate local
2991	government, and not located on property that is exempt from
2992	taxation, but a monument dealer may not otherwise be required to
2993	comply with s. 497.552 or be subject to inspection under this
2994	chapter.
2995	(e)  A monument establishment that is not licensed under
2996	the monument-builder category is not eligible for a preneed
2997	sales license.
2998	(2)  APPLICATION PROCEDURES.--A person seeking licensure as
2999	a monument establishment shall apply for such licensure using
3000	forms prescribed by rule.
3001	(c)  The applicant shall be required to make disclosure of
3002	the applicant's criminal records, if any, as required by s.
3003	497.142. The application shall require the applicant to disclose
3004	whether the applicant or any of its principals have ever been
3005	convicted or found guilty of, or entered a plea of no contest
3006	to, regardless of adjudication, any crime in any jurisdiction.
3007	(e)  The applicant shall submit fingerprints in accordance
3008	with s. 497.142. The application shall require the applicant's
3009	principals to provide fingerprints in accordance with part I of
3010	this chapter.
3011	(f)  The applicant shall be a natural person at least 18
3012	years of age, a corporation, a partnership, or a limited
3013	liability company formed prior to January 1, 2005, which limited
3014	liability company already holds a license under this chapter.
3015	(h)  The application shall be signed in accordance with s.
3016	497.141(12) by the applicant if a natural person, or by the
3017	president of an applicant that is a corporation.
3018	(j)  Upon receipt of the application and application fee,
3019	the licensing authority shall inspect the proposed monument
3020	establishment facilities in accordance with rules of the
3021	licensing authority.
3022	Section 41.  Section 497.551, Florida Statutes, as created
3023	by chapter 2004-301, Laws of Florida, is amended to read:
3024	497.551  Renewal of monument establishment licensure.--
3025	(1)  A monument establishment license shall must be renewed
3026	biennially by the licensee.
3027	(2)  A monument establishment licensee that does not hold a
3028	preneed sales license as of 90 days prior to the date its
3029	monument establishment license renewal is due, shall renew its
3030	monument establishment license by payment of a renewal fee
3031	established by rule not to exceed $250.
3032	(3)  A monument establishment licensee which as of 90 days
3033	prior to its monument establishment license renewal date also
3034	holds a preneed sales license issued under this chapter, shall
3035	renew its monument establishment license by payment of a renewal
3036	fee determined by its total gross aggregate at-need and preneed
3037	retail sales for the 12-month period ending 2 full calendar
3038	months prior to the month in which the renewal is required, as
3039	follows:
3040	(a)  Total sales of $1 to $50,000, renewal fee $1,000.
3041	(b)  Total sales of $50,001 to $250,000, renewal fee
3042	$1,500.
3043	(c)  Total sales of $250,001 to $500,000, renewal fee
3044	$2,000.
3045	(d)  Total sales over $500,000, renewal fee $2,500.
3046	(3)(4)  Rules may be adopted providing procedures, forms,
3047	and uniform timeframes for monument establishment license
3048	renewals.
3049	Section 42.  Subsection (4) of section 497.552, Florida
3050	Statutes, as created by chapter 2004-301, Laws of Florida, is
3051	amended to read:
3052	497.552  Required facilities.--Effective January 1, 2006, a
3053	monument establishment shall at all times have and maintain a
3054	full-service place of business at a specific street address or
3055	location in Florida complying with the following requirements:
3056	(4)  It shall have facilities on site for inscribing
3057	monuments and equipment to deliver and install markers and
3058	monuments.
3059	Section 43.  Subsections (1) and (5) of section 497.553,
3060	Florida Statutes, as created by chapter 2004-301, Laws of
3061	Florida, are amended, and subsection (6) is added to said
3062	section, to read:
3063	497.553  Regulation of monument establishments.--
3064	(1)  The Department of Financial Services shall establish
3065	and implement an inspection program for all monument
3066	establishments in accordance with the requirements of this act.
3067	The board shall set by rule an annual inspection fee not to
3068	exceed $300, payable upon application for licensure and upon
3069	each renewal of such license.
3070	(5)  Commencing January 1, 2006, the failure of a monument
3071	establishment to deliver and install a purchased monument or
3072	marker by the date agreed in the sales agreement shall entitle
3073	the customer to a full refund of all amounts paid by the
3074	customer for the monument and its delivery and installation,
3075	unless the monument establishment has obtained a written
3076	agreement from the customer extending the delivery date. Such
3077	refund shall be made within 30 days after receipt by the
3078	monument establishment of the customer's written request for a
3079	refund. This subsection does not preclude the purchase and
3080	installation of a new monument from any other registered
3081	monument establishment or preneed sales licensee.
3082	(6)(a)  A change in ownership shall be promptly reported
3083	using forms and procedures specified by rule and may require the
3084	relicensure of the licensee, including reinspection and payment
3085	of applicable fees, as required by rule.
3086	(b)  A change in location shall be promptly reported to the
3087	licensing authority pursuant to procedures established by rule.
3088	Operations by the licensee at a new location may not commence
3089	until an inspection by the licensing authority of the
3090	facilities, pursuant to rules of the licensing authority, has
3091	been conducted and passed at the new location.
3092	Section 44.  Paragraph (b) of subsection (2) and subsection
3093	(4) of section 497.554, Florida Statutes, as created by chapter
3094	2004-301, Laws of Florida, are amended, and subsection (7) is
3095	added to said section, to read:
3096	497.554  Monument establishment sales representatives.--
3097	(2)  APPLICATION PROCEDURES.--Licensure as a monument
3098	establishment sales agent shall be by submission of an
3099	application for licensure to the department on a form prescribed
3100	by rule.
3101	(b)  The applicant shall be required to make disclosure of
3102	the applicant's criminal records, if any, as required by s.
3103	497.142. The applicant shall submit fingerprints in accordance
3104	with s. 497.142. The application shall require the applicant to
3105	disclose whether the applicant has ever been convicted or found
3106	guilty of, or entered a plea of no contest to, regardless of
3107	adjudication, any crime in any jurisdiction.
3108	(4)  RENEWAL; TERMINATION OF AUTHORITY.--
3109	(a)  A monument establishment sales agent license under
3110	this section shall be renewed upon payment of a fee determined
3111	by rule of the licensing authority but not to exceed $250. Once
3112	issued, a monument establishment sales agent license of an agent
3113	not licensed to make preneed sales shall remain in effect
3114	without renewal until surrendered, or the sponsoring monument
3115	establishment terminates the agent's authority to sell on behalf
3116	of that monument establishment, or the license is revoked or
3117	suspended by the licensing authority for cause.
3118	(b)  The monument establishment whose officer signed the
3119	sales agent application shall terminate that agent's authority
3120	to sell on behalf of that monument establishment, and the
3121	monument establishment in writing shall advise the licensing
3122	authority of such termination within 30 days after the
3123	termination.
3124	(7)  EFFECTIVE DATE.--The provisions of this section shall
3125	take effect October 1, 2006.
3126	Section 45.  Section 497.555, Florida Statutes, as created
3127	by chapter 2004-301, Laws of Florida, is amended to read:
3128	497.555  Required rules.--Rules shall be adopted
3129	establishing minimum standards for access to all cemeteries by
3130	licensed monument establishments for the purpose of delivering
3131	and installing markers and monuments. In all cases, cemeteries
3132	and monument establishments shall must comply with these minimum
3133	standards.
3134	Section 46.  Paragraphs (d) and (f) of subsection (2) of
3135	section 497.602, Florida Statutes, as renumbered and amended by
3136	section 127 of chapter 2004-301, Laws of Florida, are amended to
3137	read:
3138	497.602  Direct disposers, license required; licensing
3139	procedures and criteria; regulation.--
3140	(2)  APPLICATION PROCEDURES.--
3141	(d)  The applicant shall be required to make disclosure of
3142	the applicant's criminal records, if any, as required by s.
3143	497.142. The application shall require the applicant to disclose
3144	whether the applicant has ever been convicted or found guilty
3145	of, or entered a plea of no contest to, regardless of
3146	adjudication, any crime in any jurisdiction.
3147	(f)  The applicant shall submit fingerprints in accordance
3148	with s. 497.142. The application shall require the applicant to
3149	provide fingerprints in accordance with part I of this chapter.
3150	Section 47.  Subsection (1) of section 497.603, Florida
3151	Statutes, as renumbered and amended by section 128 of chapter
3152	2004-301, Laws of Florida, is amended to read:
3153	497.603  Direct disposers, renewal of license.--
3154	(1)  A direct disposer's license shall be renewed upon
3155	receipt of the renewal application and fee set by rule of the
3156	licensing authority but not to exceed $500 $250.
3157	Section 48.  Paragraphs (f), (h), and (j) of subsection
3158	(2), paragraphs (a) and (b) of subsection (3), and subsection
3159	(7) of section 497.604, Florida Statutes, as renumbered and
3160	amended by section 129 of chapter 2004-301, Laws of Florida, are
3161	amended, and paragraph (f) is added to subsection (9) of said
3162	section, to read:
3163	497.604  Direct disposal establishments, license required;
3164	licensing procedures and criteria; license renewal;
3165	regulation.--
3166	(2)  APPLICATION PROCEDURES.--
3167	(f)  The applicant shall be required to make disclosure of
3168	the applicant's criminal records, if any, as required by s.
3169	497.142. The application shall require the applicant to disclose
3170	whether the applicant or any of the applicant's principals
3171	including its proposed supervising licensee has ever been
3172	convicted or found guilty of, or entered a plea of no contest
3173	to, regardless of adjudication, any crime in any jurisdiction.
3174	(h)  The applicant shall submit fingerprints in accordance
3175	with s. 497.142. The application shall require the applicant and
3176	its principals to provide fingerprints in accordance with part I
3177	of this chapter.
3178	(j)  The application shall be signed in accordance with s.
3179	497.141(12) by the applicant if a natural person or by the
3180	president of an applicant that is not a natural person.
3181	(3)  ACTION CONCERNING APPLICATIONS.--A duly completed
3182	application for licensure under this section, accompanied by the
3183	required fee, shall be approved if the licensing authority
3184	determines that the following conditions are met:
3185	(a)  The applicant is a natural person at least 18 years of
3186	age, a corporation, a partnership, or a limited liability
3187	company formed prior to January 1, 2006, which limited liability
3188	company already holds a license under this chapter.
3189	(b)  The applicant does or will prior to commencing
3190	operations under the license comply with all requirements of
3191	this chapter relating to the license applied for. The applicant
3192	shall have passed an inspection prior to issuance of a license
3193	under this section, in accordance with rules of the licensing
3194	authority.
3195	(7)  CHANGES SUBSEQUENT TO LICENSURE.--Each licensee under
3196	this section shall must provide notice as required by rule prior
3197	to any change in location or control of the licensee or licensed
3198	person in charge of the licensee's operations. A Any such change
3199	in control is subject to approval by the licensing authority and
3200	disapproval or to reasonable conditions imposed by the licensing
3201	authority, for the protection of the public to ensure compliance
3202	with this chapter. Operations by the licensee at a new location
3203	may not commence until an inspection by the licensing authority
3204	of the facilities at the new location, pursuant to rules of the
3205	licensing authority, has been conducted and passed.
3206	(9)  REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.--
3207	(f)  A direct disposal establishment shall retain all
3208	signed contracts for a period of at least 2 years.
3209	Section 49.  Paragraphs (f), (h), and (j) of subsection
3210	(2), paragraph (b) of subsection (3), subsection (7), and
3211	paragraphs (i), (j), and (k) of subsection (9) of section
3212	497.606, Florida Statutes, as renumbered and amended by section
3213	131 of chapter 2004-301, Laws of Florida, are amended to read:
3214	497.606  Cinerator facility, licensure required; licensing
3215	procedures and criteria; license renewal; regulation.--
3216	(2)  APPLICATION PROCEDURES.--
3217	(f)  The applicant shall be required to make disclosure of
3218	the applicant's criminal records, if any, as required by s.
3219	497.142. The application shall require the applicant to disclose
3220	whether the applicant or any of the applicant's principals
3221	including its proposed supervising licensee has ever been
3222	convicted or found guilty of, or entered a plea of no contest
3223	to, regardless of adjudication, any crime in any jurisdiction.
3224	(h)  The applicant shall submit fingerprints in accordance
3225	with s. 497.142. The application shall require the applicant and
3226	its principals to provide fingerprints in accordance with part I
3227	of this chapter.
3228	(j)  The application shall be signed in accordance with s.
3229	497.141(12) by the applicant if a natural person or by the
3230	president of an applicant that is not a natural person.
3231	(3)  ACTION CONCERNING APPLICATIONS.--A duly completed
3232	application for licensure under this section, accompanied by the
3233	required fee, shall be approved if the licensing authority
3234	determines that the following conditions are met:
3235	(b)  The applicant is a natural person at least 18 years of
3236	age, a corporation, a partnership, or a limited liability
3237	company formed prior to January 1, 2006, which limited liability
3238	company already holds a license under this chapter.
3239	(7)  CHANGES SUBSEQUENT TO LICENSURE.--Each licensee under
3240	this section shall must provide notice as required by rule prior
3241	to any change in location or, control of the licensee, or
3242	licensed person in charge of the licensee's operations. A Any
3243	such change in control is subject to approval by the licensing
3244	authority and disapproval or to reasonable conditions imposed by
3245	the licensing authority, for the protection of the public to
3246	ensure compliance with this chapter. Operations by the licensee
3247	at a new location may not commence until an inspection by the
3248	licensing authority of the facilities, pursuant to rules of the
3249	licensing authority, has been conducted and passed at the new
3250	location.
3251	(9)  REGULATION OF CINERATOR FACILITIES.--
3252	(i)  There shall be adopted by rule criteria for acceptable
3253	cremation and alternative containers.
3254	(i)(j)  There shall be rules adopted requiring each
3255	facility to submit periodic reports to the department that which
3256	include the names of persons cremated, the date and county of
3257	death, the name of each person supervising each cremation, the
3258	name and license number of the establishment requesting
3259	cremation, and the types of containers used to hold the body
3260	during cremation.
3261	(j)(k)  Each cinerator facility shall must be inspected
3262	prior to the initial issuance and renewal of its license and
3263	annually thereafter and shall:
3264	1.  Maintain one or more retorts for the reduction of dead
3265	human bodies.
3266	2.  Maintain refrigeration that satisfies the standards set
3267	by the Department of Health and contains a sufficient
3268	refrigerated space number of shelves for the average daily
3269	number of bodies stored, if unembalmed bodies are kept at the
3270	site.
3271	3.  Maintain sufficient pollution control equipment to
3272	comply with requirements of the Department of Environmental
3273	Protection in order to secure annual approved certification.
3274	4.  Either have on site or immediately available sufficient
3275	gasketed sealed containers of a type required for the
3276	transportation of bodies as specified in applicable state rules.
3277	5.  Maintain the premises in a clean and sanitary
3278	condition.
3279	6.  Have appropriate Department of Environmental Protection
3280	permits.
3281	7.  Retain all signed contracts for a period of at least 2
3282	years.
3283	Section 50.  Subsection (3) of section 497.607, Florida
3284	Statutes, as renumbered and amended by section 132 of chapter
3285	2004-301, Laws of Florida, is amended, and subsection (4) is
3286	added to said section, to read:
3287	497.607  Cremation; procedure required.--
3288	(3)  Pursuant to the request of a legally authorized person
3289	and incidental to final disposition, cremation may be performed
3290	on parts of human remains. This subsection does not authorize
3291	the cremation of body parts as defined in s. 497.005.
3292	(4)  In regard to human remains delivered to the control of
3293	the anatomical board of this state headquartered at the
3294	University of Florida Health Science Center, the provisions of
3295	this subsection and chapter shall not be construed to prohibit
3296	the anatomical board from causing the final disposition of such
3297	human remains through cremation or otherwise when performed in
3298	facilities owned and operated by such anatomical board or the
3299	University of Florida Health Science Center pursuant to and
3300	using such processes, equipment, and procedures as said
3301	anatomical board determines to be proper and adequate.
3302	Section 51.  Section 152 of chapter 2004-301, Laws of
3303	Florida, is amended to read:
3304	Section 152.  (1)  The rules of the Board of Funeral
3305	Directors and Embalmers and of the Department of Business and
3306	Professional Regulation relating to the Board of Funeral
3307	Directors and Embalmers or implementation of chapter 470,
3308	Florida Statutes, that which were in effect at 11:59 p.m. on the
3309	day prior to this act taking effect shall become, on the
3310	subjects they address, the rules of the Department of Financial
3311	Services and the Board of Funeral, Cemetery, and Consumer
3312	Services and shall remain in effect until amended or repealed in
3313	the manner provided by law.
3314	(2)  The rules of the Board of Funeral and Cemetery
3315	Services that which were in effect at 11:59 p.m. on the day
3316	prior to this act taking effect shall become, on the subjects
3317	they address, the rules of the Department of Financial Services
3318	and the Board of Funeral, Cemetery, and Consumer Services and
3319	shall remain in effect until specifically amended or repealed in
3320	the manner provided by law.
3321	(3)  The rules of the Department of Financial Services
3322	relating to chapter 497, Florida Statutes, that which were in
3323	effect at 11:59 p.m. on the day prior to this act taking effect
3324	shall continue in force until thereafter repealed or amended
3325	pursuant to chapter 120, Florida Statutes, and this act.
3326	Section 52.  Subsection (3) of section 626.785, Florida
3327	Statutes, is amended to read:
3328	626.785  Qualifications for license.--
3329	(3)  Notwithstanding any other provisions of this chapter,
3330	a funeral director, a direct disposer, or an employee of a
3331	funeral establishment that which holds a certificate of
3332	authority pursuant to s. 497.452 497.405 may obtain an agent's
3333	license to sell only policies of life insurance covering the
3334	expense of a prearrangement for funeral services or merchandise
3335	so as to provide funds at the time the services and merchandise
3336	are needed. The face amount of insurance covered by any such
3337	policy shall not exceed $12,500, plus an annual percentage
3338	increase based on the Annual Consumer Price Index compiled by
3339	the United States Department of Labor, beginning with the Annual
3340	Consumer Price Index announced by the United States Department
3341	of Labor for 2003 $7,500.
3342	Section 53.  Sections 497.275, 497.388, and 497.556,
3343	Florida Statutes, are repealed.
3344	Section 54.  This act shall take effect October 1, 2005.

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