HB 529

1	A bill to be entitled
2	An act relating to funeral and cemetery industry
3	regulation; amending s. 316.1974, F.S.; authorizing the
4	use of purple lights on certain funeral escort vehicles
5	and funeral lead vehicles; amending s. 497.005, F.S.;
6	revising definitions; amending s. 497.101, F.S.;
7	clarifying eligibility for Board of Funeral, Cemetery, and
8	Consumer Services membership; requiring the Department of
9	Financial Services to adopt rules regarding application
10	for board membership; amending s. 497.103, F.S.; revising
11	authority of the department to take emergency action;
12	limiting the authority of the Chief Financial Officer;
13	amending s. 497.140, F.S.; revising the time period for
14	board reaction to department revenue projections;
15	providing for future termination of certain assessments;
16	providing for delinquency fees to be charged and collected
17	from certain licensees; providing a default delinquency
18	fee; amending s. 497.141, F.S.; requiring licensure
19	applications to include tax identification numbers of
20	applicants that are not natural persons; authorizing the
21	licensing authority to require certain applicants to
22	provide a photograph; clarifying when licenses may be
23	issued to entities and to natural persons; clarifying the
24	types of entities to which licenses may be issued;
25	providing signature requirements; authorizing the
26	licensing authority to adopt rules; restricting assignment
27	or transfer of licenses; amending s. 497.142, F.S.;
28	revising fingerprinting requirements; clarifying
29	requirements as to disclosure of previous criminal
30	records; revising which members of an entity applying for
31	licensure are required to disclose their criminal records;
32	providing for waiver of the fingerprint requirements in
33	certain circumstances; providing for the cost for
34	fingerprinting processing; amending s. 497.143, F.S.;
35	prohibiting preneed sales under a limited license;
36	amending s. 497.144, F.S.; requiring a challenger to pay
37	the costs for failure to appear at a challenge hearing;
38	amending s. 497.147, F.S.; revising provisions relating to
39	the licensing authority's rules regulating prelicensure
40	training and continuing education providers; amending s.
41	497.149, F.S.; revising terminology; amending s. 497.151,
42	F.S.; revising applicability; specifying what is not
43	deemed to be a complaint; amending s. 497.152, F.S.;
44	revising disciplinary provisions; revising certain grounds
45	for disciplinary action; specifying what is not deemed to
46	be a complaint; authorizing the board to adopt rules
47	providing criteria for identifying minor and nonwillful
48	remittance deficiencies; amending s. 497.153, F.S.;
49	providing for the use of consent orders in certain
50	circumstances; amending s. 497.158, F.S.; revising fine
51	amounts; amending s. 497.159, F.S.; revising provisions
52	relating to criminal penalties for violations involving
53	prelicensure examinations, willful obstruction, and trust
54	funds and other specified violations; revising what
55	constitutes improper discrimination; amending s. 497.161,
56	F.S.; removing a provision allowing board members to serve
57	as experts in investigations; specifying standing of
58	licensees to challenge rules; amending s. 497.165, F.S.;
59	stipulating that intentional or gross negligence renders
60	owners, directors, and officers jointly and severally
61	liable for certain trust fund deficiencies; amending s.
62	497.166, F.S.; specifying who may act as a preneed sales
63	agent; providing responsibility of certain licensees;
64	amending s. 497.169, F.S.; revising provisions for award
65	of attorney's fees and costs in certain actions; creating
66	s. 497.171, F.S.; providing requirements for the
67	identification of human remains; amending s. 497.260,
68	F.S.; revising what constitutes improper discrimination by
69	cemeteries; amending s. 497.263, F.S.; revising the
70	applicability of certain application procedures for
71	licensure of cemetery companies; amending s. 497.264,
72	F.S.; revising requirements relating to applicants seeking
73	to acquire control of a licensed cemetery; amending s.
74	497.281, F.S.; revising requirements for licensure of
75	burial rights brokers; amending s. 497.365, F.S.;
76	requiring the board to adopt rules prescribing application
77	and renewal fees for inactive status, a delinquency fee,
78	and a fee for reactivation of a license; providing a cap
79	on such fees; providing a limitation on the department's
80	ability to reactivate a license; amending s. 497.368,
81	F.S.; revising grounds for issuance of licensure as an
82	embalmer by examination; amending s. 497.369, F.S.;
83	revising grounds for issuance of licensure as an embalmer
84	by endorsement; amending s. 497.373, F.S.; revising
85	grounds for issuance of licensure as a funeral director by
86	examination; amending s. 497.374, F.S.; revising grounds
87	for issuance of licensure as a funeral director by
88	endorsement; amending s. 497.376, F.S.; revising authority
89	to issue a combination license as a funeral director and
90	embalmer; authorizing the licensing authority to establish
91	certain rules; amending s. 497.378, F.S.; raising the cap
92	on funeral director and embalmer license renewal fees;
93	amending s. 497.380, F.S.; specifying requirements for
94	funeral establishment licensure applicants; raising the
95	cap on funeral establishment license renewal fees;
96	providing requirements for reporting a change in location
97	of the establishment; amending s. 497.385, F.S.; revising
98	application requirements for licensure of a removal
99	service or a refrigeration service; providing requirements
100	for change in location of removal services and
101	refrigeration services; deleting a provision exempting
102	centralized embalming facilities from certain funeral
103	establishment requirements; authorizing the licensing
104	authority to adopt certain rules for centralized embalming
105	facility operations; revising application requirements for
106	licensure of a centralized embalming facility; providing
107	for inspection of centralized embalming facilities;
108	providing for change in ownership and change in location
109	of centralized embalming facilities; amending s. 497.453,
110	F.S.; revising net worth requirements for preneed
111	licensure; specifying authority to accept certain
112	alternative evidence of financial responsibility in lieu
113	of net worth regarding preneed licensure applicants;
114	providing preneed license renewal fees for monument
115	establishments; revising grounds for issuance of a preneed
116	branch license; raising the cap on branch license renewal
117	fees; deleting a provision exempting sponsoring preneed
118	licensees from responsibility for certain violations of
119	branch licensees; amending s. 497.456, F.S.; revising use
120	of the Preneed Funeral Contract Consumer Protection Trust
121	Fund by the licensing authority; amending s. 497.458,
122	F.S.; revising requirements to loan or invest trust funds;
123	amending s. 497.466, F.S.; revising general provisions
124	applicable to preneed sales agents; revising requirements
125	and application procedures for preneed sales agent
126	licensure; providing requirements for the issuance of a
127	temporary preneed sales agent license; providing
128	requirements for the conversion of temporary preneed sales
129	agent licenses to permanent preneed sales agent licenses;
130	providing requirements for applicants with a criminal or
131	disciplinary record; providing for termination of a
132	permanent preneed sales agent license due to lack of
133	appointments; providing requirements for the appointment
134	of preneed sales agents; providing for administrative
135	matters regarding preneed sales agent licensure; creating
136	s. 497.468, F.S.; providing for disclosure of certain
137	information to the public; requiring the licensing
138	authority to establish rules relating to the manner in
139	which certain written contracts are provided; amending s.
140	497.550, F.S.; creating two categories of monument
141	establishment licensure and providing certain requirements
142	for such categories; revising application procedures for
143	licensure as a monument establishment; requiring
144	inspection of proposed monument establishment facilities;
145	amending s. 497.551, F.S.; revising requirements for
146	renewal of monument establishment licensure; amending s.
147	497.552, F.S.; revising facility requirements for monument
148	establishments; amending s. 497.553, F.S.; requiring the
149	board to set an annual inspection fee for monument
150	establishment licensees; providing a cap for such fee;
151	providing requirements for change of ownership and
152	location of monument establishments; amending s. 497.554,
153	F.S.; revising application procedure and renewal
154	requirements for monument establishment sales
155	representatives; deferring application of section;
156	amending s. 497.555, F.S.; requiring monument
157	establishments to comply with rules establishing minimum
158	standards for access to cemeteries; amending s. 497.602,
159	F.S.; revising application procedures for direct disposer
160	licensure; amending s. 497.603, F.S.; raising the cap on
161	direct disposer license renewal fees; amending s. 497.604,
162	F.S.; revising provisions relating to direct disposal
163	establishment licensure and application for such
164	licensure; revising provisions relating to the regulation
165	of direct disposal establishments; amending s. 497.606,
166	F.S.; revising provisions relating to cinerator facility
167	licensure and application for such licensure; revising
168	provisions relating to the regulation of cinerator
169	facilities; amending s. 497.607, F.S.; providing that the
170	anatomical board at the University of Florida Health
171	Science Center is not prohibited from causing the final
172	disposition of unclaimed human remains under certain
173	circumstances; amending s. 152, ch. 2004-301, Laws of
174	Florida; specifying applicability of rules; amending s.
175	626.785, F.S.; revising a policy coverage limit; repealing
176	s. 497.275, F.S., relating to identification of human
177	remains in licensed cemeteries; repealing s. 497.388,
178	F.S., relating to identification of human remains;
179	repealing s. 497.556, F.S., relating to requirements
180	relating to monument establishments; providing an
181	effective date.
182
183	Be it enacted by the Legislature of the State of Florida:
184
185	Section 1.  Paragraph (a) of subsection (2) of section
186	316.1974, Florida Statutes, is amended to read:
187	316.1974  Funeral procession right-of-way and liability.--
188	(2)  EQUIPMENT.--
189	(a)  All non-law enforcement funeral escort vehicles and
190	funeral lead vehicles shall be equipped with at least one
191	lighted circulation lamp exhibiting an amber or purple light or
192	lens visible under normal atmospheric conditions for a distance
193	of 500 feet from the front of the vehicle. Flashing amber or
194	purple lights may be used only when such vehicles are used in a
195	funeral procession.
196	Section 2.  Section 497.005, as amended by chapter 2004-
197	301, Laws of Florida, is amended to read:
198	497.005  Definitions.--As used in this chapter:
199	(1)  "Alternative container" means an unfinished wood box
200	or other a nonmetal receptacle or enclosure, without
201	ornamentation or a fixed interior lining, that is designed for
202	the encasement of human remains and that is made of fiberboard,
203	pressed wood, composition materials (with or without an outside
204	covering), or like materials which is less expensive than a
205	casket and of sufficient strength to be used to hold and
206	transport a dead human body.
207	(2)  "At-need solicitation" means any uninvited contact by
208	a licensee or her or his agent for the purpose of the sale of
209	burial services or merchandise to the family or next of kin of a
210	person after her or his death has occurred.
211	(3)  "Bank of belowground crypts" means any construction
212	unit of belowground crypts that which is acceptable to the
213	department and that which a cemetery uses to initiate its
214	belowground crypt program or to add to existing belowground
215	crypt structures.
216	(4)  "Belowground crypts" consist of interment space in
217	preplaced chambers, either side by side or multiple depth,
218	covered by earth and sod and known also as "lawn crypts,"
219	"westminsters," or "turf-top crypts."
220	(5)  "Board" means the Board of Funeral, Cemetery, and
221	Consumer Services.
222	(6)  "Body parts" means:
223	(a)  Limbs or other portions of the anatomy which are
224	removed from a person or human remains for medical purposes
225	during treatment, surgery, biopsy, autopsy, or medical research;
226	or
227	(b)  Human bodies or any portions of human bodies which
228	have been donated to science for medical research purposes.
229	(6)(7)  "Burial merchandise," "funeral merchandise," or
230	"merchandise" means any personal property offered or sold by any
231	person for use in connection with the final disposition,
232	memorialization, interment, entombment, or inurnment of human
233	remains or cremated remains, including, but not limited to,
234	caskets, outer burial containers, alternative containers,
235	cremation containers, cremation interment containers, urns,
236	monuments, private mausoleums, flowers, benches, vases,
237	acknowledgment cards, register books, memory folders, prayer
238	cards, and clothing.
239	(7)(8)  "Burial right" means the right to use a grave
240	space, mausoleum, columbarium, ossuary, or scattering garden for
241	the interment, entombment, inurnment, or other disposition of
242	human remains or cremated remains.
243	(8)(9)  "Burial service," "funeral service," or "service"
244	means any service offered or provided by any person in
245	connection with the final disposition, memorialization,
246	interment, entombment, or inurnment of human remains or cremated
247	remains.
248	(9)(10)  "Care and maintenance" means the perpetual process
249	of keeping a cemetery and its lots, graves, grounds,
250	landscaping, roads, paths, parking lots, fences, mausoleums,
251	columbaria, vaults, crypts, utilities, and other improvements,
252	structures, and embellishments in a well-cared-for and dignified
253	condition, so that the cemetery does not become a nuisance or
254	place of reproach and desolation in the community. As specified
255	in the rules of the licensing authority, "care and maintenance"
256	may include, but is not limited to, any or all of the following
257	activities: mowing the grass at reasonable intervals; raking and
258	cleaning the grave spaces and adjacent areas; pruning of shrubs
259	and trees; suppression of weeds and exotic flora; and
260	maintenance, upkeep, and repair of drains, water lines, roads,
261	buildings, and other improvements. "Care and maintenance" may
262	include, but is not limited to, reasonable overhead expenses
263	necessary for such purposes, including maintenance of machinery,
264	tools, and equipment used for such purposes. "Care and
265	maintenance" may also include repair or restoration of
266	improvements necessary or desirable as a result of wear,
267	deterioration, accident, damage, or destruction. "Care and
268	maintenance" does not include expenses for the construction and
269	development of new grave spaces or interment structures to be
270	sold to the public.
271	(10)(11)  "Casket" means a rigid container that which is
272	designed for the encasement of human remains and that which is
273	usually constructed of wood or metal, ornamented, and lined with
274	fabric.
275	(11)(12)  "Cemetery" means a place dedicated to and used or
276	intended to be used for the permanent interment of human remains
277	or cremated remains. A cemetery may contain land or earth
278	interment; mausoleum, vault, or crypt interment; a columbarium,
279	ossuary, scattering garden, or other structure or place used or
280	intended to be used for the interment or disposition of cremated
281	remains; or any combination of one or more of such structures or
282	places.
283	(12)(13)  "Cemetery company" means any legal entity that
284	owns or controls cemetery lands or property.
285	(13)(14)  "Centralized embalming facility" means a
286	facility, not physically connected with a funeral establishment,
287	in which embalming takes place that operates independently of a
288	funeral establishment licensee and that offers embalming
289	services to funeral directors for a fee.
290	(14)(15)  "Cinerator" means a facility where dead human
291	bodies are subjected to cremation. reduced to a residue,
292	including bone fragments, by direct flame, also known as
293	"cremation," or by intense heat, also known as "calcination."
294	(15)(16)  "Closed container" means any container in which
295	cremated remains can be placed and closed in a manner so as to
296	prevent leakage or spillage of the remains.
297	(16)(17)  "Columbarium" means a structure or building that
298	which is substantially exposed above the ground and that which
299	is intended to be used for the inurnment of cremated remains.
300	(17)(18)  "Common business enterprise" means a group of two
301	or more business entities that share common ownership in excess
302	of 50 percent.
303	(18)(19)  "Control" means the possession, directly or
304	indirectly, through the ownership of voting shares, by contract,
305	arrangement, understanding, relationship, or otherwise, of the
306	power to direct or cause the direction of the management and
307	policies of a person or entity. However, a person or entity
308	shall not be deemed to have control if the person or entity
309	holds voting shares, in good faith and not for the purpose of
310	circumventing this definition, as an agent, bank, broker,
311	nominee, custodian, or trustee for one or more beneficial owners
312	who do not individually or as a group have control.
313	(19)(20)  "Cremated remains" means all the remains of the
314	human body recovered after the completion of the cremation
315	process, including processing or pulverization that which leaves
316	only bone fragments reduced to unidentifiable dimensions and may
317	include the residue of any foreign matter, including casket
318	material, bridgework, or eyeglasses that were cremated with the
319	human remains.
320	(20)(21)  "Cremation" means any mechanical or thermal
321	process whereby a dead human body is reduced to ashes and bone
322	fragments. Cremation also includes any other mechanical or
323	thermal process whereby human remains are pulverized, burned,
324	recremated, or otherwise further reduced in size or quantity the
325	technical process, using direct flame and heat or chemical
326	means, which reduces human remains to bone fragments through
327	heat and evaporation. Cremation includes the processing and
328	usually includes the pulverization of the bone fragments.
329	(21)(22)  "Cremation chamber" means the enclosed space
330	within which the cremation process takes place. Cremation
331	chambers covered by these procedures shall must be used
332	exclusively for the cremation of human remains.
333	(22)(23)  "Cremation container" means the casket or
334	alternative container in which the human remains are transported
335	to and placed in the cremation chamber for a cremation. A
336	cremation container should meet substantially all of the
337	following standards:
338	(a)  Be composed of readily combustible materials suitable
339	for cremation.
340	(b)  Be able to be closed in order to provide a complete
341	covering for the human remains.
342	(c)  Be resistant to leakage or spillage.
343	(d)  Be rigid enough to be handled with ease.
344	(e)  Be able to provide protection for the health, safety,
345	and personal integrity of crematory personnel.
346	(23)(24)  "Cremation interment container" means a rigid
347	outer container that, subject to a cemetery's rules and
348	regulations, is composed of concrete, steel, fiberglass, or some
349	similar material in which an urn is placed prior to being
350	interred in the ground and that is designed to support the earth
351	above the urn.
352	(24)(25)  "Department" means the Department of Financial
353	Services.
354	(25)(26)  "Direct disposal establishment" means a facility
355	licensed under this chapter where a direct disposer practices
356	direct disposition.
357	(26)(27)  "Direct disposer" means any person licensed under
358	this chapter to practice direct disposition in this state.
359	(27)(28)  "Director" means the director of the Division of
360	Funeral, Cemetery, and Consumer Services.
361	(28)(29)  "Disinterment" means removal of a dead human body
362	from earth interment or aboveground interment.
363	(29)(30)  "Division" means the Division of Funeral,
364	Cemetery, and Consumer Services within the Department of
365	Financial Services.
366	(30)(31)  "Embalmer" means any person licensed under this
367	chapter to practice embalming in this state.
368	(31)(32)  "Final disposition" means the final disposal of a
369	dead human body by earth interment, aboveground interment,
370	cremation, burial at sea, or delivery to a medical institution
371	for lawful dissection if the medical institution assumes
372	responsibility for disposal. "Final disposition" does not
373	include the disposal or distribution of cremated remains ashes
374	and residue of cremated remains.
375	(32)(33)  "Funeral" or "funeral service" means the
376	observances, services, or ceremonies held to commemorate the
377	life of a specific deceased human being and at which the human
378	remains are present.
379	(33)(34)  "Funeral director" means any person licensed
380	under this chapter to practice funeral directing in this state.
381	(34)(35)  "Funeral establishment" means a facility licensed
382	under this chapter where a funeral director or embalmer
383	practices funeral directing or embalming.
384	(36)  "Funeral merchandise" or "merchandise" means any
385	merchandise commonly sold in connection with the funeral, final
386	disposition, or memorialization of human remains, including, but
387	not limited to, caskets, outer burial containers, alternative
388	containers, cremation containers, cremation interment
389	containers, urns, monuments, private mausoleums, flowers,
390	benches, vases, acknowledgment cards, register books, memory
391	folders, prayer cards, and clothing.
392	(35)(37)  "Grave space" means a space of ground in a
393	cemetery intended to be used for the interment in the ground of
394	human remains.
395	(36)(38)  "Human remains" or "remains," or "dead human
396	body" or "dead human bodies," means the body of a deceased human
397	person for which a death certificate or fetal death certificate
398	is required under chapter 382 and includes the body in any stage
399	of decomposition and the residue of cremated human bodies.
400	(37)(39)  "Legally authorized person" means, in the
401	priority listed, the decedent, when written inter vivos
402	authorizations and directions are provided by the decedent; the
403	surviving spouse, unless the spouse has been arrested for
404	committing against the deceased an act of domestic violence as
405	defined in s. 741.28 that which resulted in or contributed to
406	the death of the deceased; a son or daughter who is 18 years of
407	age or older; a parent; a brother or sister who is 18 years of
408	age or older; a grandchild who is 18 years of age or older; a
409	grandparent; or any person in the next degree of kinship. In
410	addition, the term may include, if no family member exists or is
411	available, the guardian of the dead person at the time of death;
412	the personal representative of the deceased; the attorney in
413	fact of the dead person at the time of death; the health
414	surrogate of the dead person at the time of death; a public
415	health officer; the medical examiner, county commission, or
416	administrator acting under part II of chapter 406 or other
417	public administrator; a representative of a nursing home or
418	other health care institution in charge of final disposition; or
419	a friend or other person not listed in this subsection who is
420	willing to assume the responsibility as the legally authorized
421	person. Where there is a person in any priority class listed in
422	this subsection, the funeral establishment shall rely upon the
423	authorization of any one legally authorized person of that class
424	if that person individual represents that she or he is not aware
425	of any objection to the cremation of the deceased's human
426	remains by others in the same class of the person making the
427	representation or of any person in a higher priority class.
428	(38)(40)  "License" includes all authorizations required or
429	issued under this chapter, except where expressly indicated
430	otherwise, and shall be understood to include authorizations
431	previously referred to as registrations or certificates of
432	authority in chapters 470 and 497 as those chapters appeared in
433	the 2004 edition of the Florida Statutes.
434	(39)(41)  "Licensee" means the person or entity holding any
435	license or other authorization issued under this chapter, except
436	where expressly indicated otherwise.
437	(40)(42)  "Mausoleum" means a structure or building that
438	which is substantially exposed above the ground and that which
439	is intended to be used for the entombment of human remains.
440	(41)(43)  "Mausoleum section" means any construction unit
441	of a mausoleum that which is acceptable to the department and
442	that which a cemetery uses to initiate its mausoleum program or
443	to add to its existing mausoleum structures.
444	(42)(44)  "Monument" means any product used for identifying
445	a grave site and cemetery memorials of all types, including
446	monuments, markers, and vases.
447	(43)(45)  "Monument establishment" means a facility that
448	operates independently of a cemetery or funeral establishment
449	and that offers to sell monuments or monument services to the
450	public for placement in a cemetery.
451	(44)(46)  "Net assets" means the amount by which the total
452	assets of a licensee, excluding goodwill, franchises, customer
453	lists, patents, trademarks, and receivables from or advances to
454	officers, directors, employees, salespersons, and affiliated
455	companies, exceed total liabilities of the licensee. For
456	purposes of this definition, the term "total liabilities" does
457	not include the capital stock, paid-in capital, or retained
458	earnings of the licensee.
459	(45)(47)  "Net worth" means total assets minus total
460	liabilities pursuant to generally accepted accounting
461	principles.
462	(46)(48)  "Niche" means a compartment or cubicle for the
463	memorialization or permanent placement of a container or urn
464	containing cremated remains.
465	(47)(49)  "Ossuary" means a receptacle used for the
466	communal placement of cremated remains without benefit of an urn
467	or any other container in which cremated remains may be
468	commingled with other cremated remains and are nonrecoverable.
469	It may or may not include memorialization.
470	(48)(50)  "Outer burial container" means an enclosure into
471	which a casket is placed and includes, but is not limited to,
472	vaults made of concrete, steel, fiberglass, or copper; sectional
473	concrete enclosures; crypts; and wooden enclosures.
474	(49)(51)  "Person," when used without qualification such as
475	"natural" or "individual," includes both natural persons and
476	legal entities.
477	(50)(52)  "Personal residence" means any residential
478	building in which one temporarily or permanently maintains her
479	or his abode, including, but not limited to, an apartment or a
480	hotel, motel, nursing home, convalescent home, home for the
481	aged, or a public or private institution.
482	(51)(53)  "Practice of direct disposition" means the
483	cremation of human remains without preparation of the human
484	remains by embalming and without any attendant services or rites
485	such as funeral or graveside services or the making of
486	arrangements for such final disposition.
487	(52)(54)  "Practice of embalming" means disinfecting or
488	preserving or attempting to disinfect or preserve dead human
489	bodies by replacing certain body fluids with preserving and
490	disinfecting chemicals.
491	(53)(55)  "Practice of funeral directing" means the
492	performance by a licensed funeral director of any of those
493	functions authorized by s. 497.372.
494	(54)(56)  "Preneed contract" means any arrangement or
495	method, of which the provider of funeral merchandise or services
496	has actual knowledge, whereby any person agrees to furnish
497	funeral merchandise or service in the future.
498	(55)(57)  "Preneed sales agent" means any person who is
499	licensed under this chapter to sell preneed burial or funeral
500	service and merchandise contracts or direct disposition
501	contracts in this state.
502	(56)(58)  "Principal" means and includes the sole
503	proprietor of a sole proprietorship; all partners of a
504	partnership; all members of a limited liability company;
505	regarding a corporation, all directors and officers, and all
506	stockholders controlling more than 10 percent of the voting
507	stock; and all other persons who can exercise control over the
508	person or entity.
509	(57)(59)  "Processing" means the reduction of identifiable
510	bone fragments after the completion of the cremation process to
511	unidentifiable bone fragments by manual means.
512	(58)(60)  "Profession" and "occupation" are used
513	interchangeably in this chapter. The use of the word
514	"profession" in this chapter with respect to any activities
515	regulated under this chapter shall not be deemed to mean that
516	such activities are not occupations for other purposes in state
517	or federal law.
518	(59)(61)  "Pulverization" means the reduction of
519	identifiable bone fragments after the completion of the
520	cremation and processing to granulated particles by manual or
521	mechanical means.
522	(60)(62)  "Refrigeration facility" means a facility that is
523	operated independently of not physically connected with a
524	funeral establishment, crematory, or direct disposal
525	establishment, that maintains space and equipment for the
526	storage and refrigeration of dead human bodies, and that offers
527	its service to funeral directors, and funeral establishments,
528	direct disposers, direct disposal establishments, or crematories
529	for a fee.
530	(61)(63)  "Religious institution" means an organization
531	formed primarily for religious purposes that which has qualified
532	for exemption from federal income tax as an exempt organization
533	under the provisions of s. 501(c)(3) of the Internal Revenue
534	Code of 1986, as amended.
535	(62)(64)  "Removal service" means any service that operates
536	independently of a funeral establishment or a direct disposal
537	establishment, that handles the initial removal of dead human
538	bodies, and that offers its service to funeral establishments
539	and direct disposal establishments for a fee.
540	(63)(65)  "Rules" refers to rules adopted under this
541	chapter unless expressly indicated to the contrary.
542	(64)(66)  "Scattering garden" means a location set aside,
543	within a cemetery, that which is used for the spreading or
544	broadcasting of cremated remains that have been removed from
545	their container and can be mixed with or placed on top of the
546	soil or ground cover or buried in an underground receptacle on a
547	commingled basis and that are nonrecoverable. It may or may not
548	include memorialization.
549	(65)(67)  "Servicing agent" means any person acting as an
550	independent contractor whose fiduciary responsibility is to
551	assist both the trustee and licensee in administrating their
552	responsibilities pursuant to this chapter.
553	(66)(68)  "Solicitation" means any communication that which
554	directly or implicitly requests an immediate oral response from
555	the recipient.
556	(67)(69)  "Statutory accounting" means generally accepted
557	accounting principles, except as modified by this chapter.
558	(68)(70)  "Temporary container" means a receptacle for
559	cremated remains usually made of cardboard, plastic, or similar
560	material designated to hold the cremated remains until an urn or
561	other permanent container is acquired.
562	(69)(71)  "Urn" means a receptacle designed to permanently
563	encase cremated remains.
564	Section 3.  Subsection (2) of section 497.101, Florida
565	Statutes, as amended by chapter 2004-301, Laws of Florida, is
566	amended, and subsection (8) is added to said section, to read:
567	497.101  Board of Funeral, Cemetery, and Consumer Services;
568	membership; appointment; terms.--
569	(2)  Two members of the board shall must be funeral
570	directors licensed under part III of this chapter who are
571	associated with a funeral establishment. One member of the board
572	shall must be a funeral director licensed under part III of this
573	chapter who is associated with a funeral establishment licensed
574	under part III of this chapter that which has a valid preneed
575	license issued pursuant to this chapter and who owns or operates
576	a cinerator facility approved under chapter 403 and licensed
577	under part VI of this chapter. Two members of the board shall
578	must be persons whose primary occupation is associated with a
579	cemetery company licensed pursuant to this chapter. Three
580	members of the board shall must be consumers who are residents
581	of the state, have never been licensed as funeral directors or
582	embalmers, are not connected with a cemetery or cemetery company
583	licensed pursuant to this chapter, and are not connected with
584	the death care industry or the practice of embalming, funeral
585	directing, or direct disposition. One of the consumer members
586	shall must be at least 60 years of age, and one shall must be
587	licensed as a certified public accountant under chapter 473. One
588	member of the board shall must be a monument establishment
589	dealer licensed under this chapter as a monument builder or, for
590	board appointments made before June 1, 2006, a licensed monument
591	establishment certified by the department to be eligible for
592	licensure as a monument builder. One member shall must be the
593	State Health Officer or her or his designee. There shall not be
594	two or more board members who are principals or directors,
595	employees, partners, shareholders, or members of the same
596	company or partnership or group of companies or partnerships
597	under common control.
598	(8)  The department shall adopt rules establishing forms by
599	which persons may apply for membership on the board and
600	procedures for applying for such membership. Such forms shall
601	require disclosure of the existence and nature of all current
602	and past employments by or contracts with, and direct or
603	indirect affiliations or interests in, any entity or business
604	that at any time was licensed by the board or by the former
605	Board of Funeral and Cemetery Services or the former Board of
606	Funeral Directors and Embalmers or that is or was otherwise
607	involved in the death care industry, as specified by department
608	rule.
609	Section 4.  Paragraph (m) of subsection (2) of section
610	497.103, Florida Statutes, as amended by chapter 2004-301, Laws
611	of Florida, is amended, and paragraph (e) is added to subsection
612	(4) of said section, to read:
613	497.103  Rulemaking authority of board and department.--
614	(2)  DEPARTMENT AUTHORITY.--All authority provided by this
615	chapter and not expressly vested in the board by subsection (1)
616	is vested in the department, and the department shall be deemed
617	to be the licensing authority as to such matters. Without
618	limiting the generality of the foregoing vesting of authority in
619	the department, the authority provided by this chapter that
620	which is vested solely in the department includes:
621	(m)  Authority to take emergency action against any
622	licensee under this chapter, without prior consultation with the
623	board, when the department determines that there is an imminent
624	danger to the health, safety, or welfare of the citizens of the
625	state.
626	(4)  RECOMMENDATIONS BY THE CHIEF FINANCIAL OFFICER.--
627	(e)  The Chief Financial Officer shall have no authority by
628	recommendation or otherwise to set fees, rates, or prices to be
629	used by any licensee under this chapter, and notwithstanding the
630	provision of this subsection, no licensee under this chapter
631	shall in any event be required to set fees, rates, or prices in
632	accordance with any recommendation of the Chief Financial
633	Officer.
634	Section 5.  Paragraphs (b) and (c) of subsection (1) of
635	section 497.140, Florida Statutes, as renumbered and amended by
636	section 10 of chapter 2004-301, Laws of Florida, are amended,
637	and subsection (8) is added to said section, to read:
638	497.140  Fees.--
639	(1)
640	(b)  It is the legislative intent that the costs of
641	regulation under this chapter be provided for by fees collected
642	under this chapter. The board shall ensure that fees are
643	adequate to cover all anticipated costs of implementation of
644	this chapter. The department shall at least every other year
645	provide the board with estimates as to projected costs in
646	implementing this chapter and projected fee collections under
647	this chapter for the following 2 years, information as to
648	balances of regulatory trusts from fees collected, other
649	information that which the department deems material to the
650	setting of fees by the board at proper levels, and a department
651	recommendation as to action, if any, regarding changing fee
652	levels. The board shall review such information provided by the
653	department and increase or decrease make such changes in fees,
654	up or down, as the board determines appropriate. If sufficient
655	action is not taken by the board within 6 months 1 year after
656	notification by the department that fees are projected to be
657	inadequate, the department shall set fees on behalf of the board
658	to cover anticipated costs.
659	(c)  The board may from time to time by rule assess and
660	collect a one-time fee from each active and each voluntary
661	inactive licensee under this chapter in an amount necessary to
662	correct an inadequacy of fees received to implement regulation
663	required by this chapter, provided that no such assessments may
664	be made after October 1, 2007 more than one such assessment may
665	be made in any 4-year period without specific legislative
666	authorization.
667	(8)  A delinquency fee shall be charged and collected from
668	a licensee for the failure to timely renew a license issued
669	under this chapter. Where no specific delinquency fee is
670	specified in this chapter in relation to a particular category
671	of licensure under this chapter, the delinquency fee shall be
672	$50.
673	Section 6.  Subsection (2) of section 497.141, Florida
674	Statutes, as created by chapter 2004-301, Laws of Florida, is
675	amended, and subsection (12) is added to said section, to read:
676	497.141  Licensing; general application procedures.--
677	(2)  Any person desiring to be licensed shall apply to the
678	licensing authority in writing using such forms and procedures
679	as may be prescribed by rule. The application for licensure
680	shall include the applicant's social security number if the
681	applicant is a natural person; otherwise, the applicant's
682	federal tax identification number shall be included.
683	Notwithstanding any other provision of law, the department is
684	the sole authority for determining the forms and form contents
685	to be submitted for initial licensure and licensure renewal
686	application. Such forms and the information and materials
687	required by such forms may include, as appropriate,
688	demographics, education, work history, personal background,
689	criminal history, finances, business information, signature
690	notarization, performance periods, reciprocity, local government
691	approvals, supporting documentation, periodic reporting
692	requirements, fingerprint requirements, continuing education
693	requirements, business plans, character references, and ongoing
694	education monitoring. Such forms and the information and
695	materials required by such forms may also include, to the extent
696	such information or materials are not already in the possession
697	of the department or the board, records or information as to
698	complaints, inspections, investigations, discipline, and
699	bonding, and photographs. The application shall be supplemented
700	as needed to reflect any material change in any circumstance or
701	condition stated in the application that which takes place
702	between the initial filing of the application and the final
703	grant or denial of the license and that which might affect the
704	decision of the department or the board. After an application by
705	a natural person for licensure under this chapter is approved,
706	the licensing authority may require the successful applicant to
707	provide a photograph of himself or herself for permanent
708	lamination onto the license card to be issued to the applicant,
709	pursuant to rules and fees adopted by the licensing authority.
710	(12)(a)  The following licenses may only be applied for and
711	issued to a natural person:
712	1.  Embalmer apprentice.
713	2.  Embalmer intern.
714	3.  Funeral director intern.
715	4.  Funeral director.
716	5.  Funeral director and embalmer.
717	6.  Direct disposer.
718	7.  Monument establishment sales agent.
719	8.  Preneed sales agent.
720	(b)  The following licenses may be applied for and issued
721	to a natural person, a corporation, a limited liability company,
722	or a partnership:
723	1.  Funeral establishment.
724	2.  Centralized embalming facility.
725	3.  Refrigeration facility.
726	4.  Direct disposal establishment.
727	5.  Monument establishment.
728	6.  Cinerator facility.
729	7.  Removal service.
730	8.  Preneed sales business under s. 497.453.
731	(c)  A cemetery license may only be applied for and issued
732	to a corporation, partnership, or limited liability company.
733	(d)  No license shall be issued to any applicant that is a
734	corporation, limited liability company, or partnership unless
735	the applicant is organized and in good standing under the laws
736	of this state or another state of the United States and provides
737	written proof thereof issued by the applicable state office or
738	official in the state concerned. Each applicant that is a
739	corporation, limited liability company, or partnership shall
740	file with its application a written statement, signed by the
741	same person who signs the application, identifying by name and
742	business functional title the following persons, as applicable
743	to the type of entity applying: officers, managers, managing
744	members, partners, general partners, limited partners, managing
745	partners, directors, all stockholders controlling more than 10
746	percent of the voting stock, and all other persons who may
747	exercise control over the applicant. The licensing authority may
748	require the filing of the applicant's articles of incorporation
749	or other organizational documents and a resume concerning any
750	person identified in this paragraph.
751	(e)  All applications shall be signed by the applicant.
752	Signatures of the applicant shall be as follows:
753	1.  Where the applicant is a natural person, the
754	application shall be signed by the applicant.
755	2.  Where the applicant is a corporation, the application
756	shall be signed by the corporation's president.
757	3.  Where the applicant is a partnership, the application
758	shall be signed by a partner, who shall provide proof
759	satisfactory to the licensing authority of that partner's
760	authority to sign on behalf of the partnership.
761	4.  Where the applicant is a limited liability company, the
762	application shall be signed by a member of the company, who
763	shall provide proof satisfactory to the licensing authority of
764	that member's authority to sign on behalf of the company.
765	(f)  The licensing authority may adopt rules for the
766	implementation of this section, including required procedures
767	and forms.
768	(g)  No license regulated under this chapter is assignable
769	or transferable except as provided in this chapter.
770	Section 7.  Section 497.142, Florida Statutes, as created
771	by chapter 2004-301, Laws of Florida, is amended to read:
772	497.142  Licensing; fingerprinting and criminal background
773	checks.--
774	(1)  In any instance that this chapter requires submission
775	of fingerprints in connection with an application for license,
776	the provisions of this section shall apply.
777	(2)  The fingerprints shall must be taken by a law
778	enforcement agency or other agency or entity approved by the
779	department and in such a way as to allow their use to obtain a
780	criminal history check through the Department of Law
781	Enforcement.
782	(3)  The department shall submit the fingerprints to or
783	cause them to be submitted to the Department of Law Enforcement
784	for the purpose of ascertaining whether the person fingerprinted
785	has a criminal history in any state or before the Federal
786	Government and, if so, the nature of the criminal history.
787	(4)  The Department of Law Enforcement may accept
788	fingerprints of any applicant under this chapter, any principal
789	of any such applicant, and any other person who is examined or
790	investigated or who is subject to examination or investigation
791	under the provisions of this chapter.
792	(5)  The Department of Law Enforcement may, to the extent
793	provided for by federal law, exchange state, multistate, and
794	federal criminal history records with the department and the
795	board for the purpose of the issuance, denial, suspension, or
796	revocation of any license or other application under this
797	chapter.
798	(6)  The Department of Law Enforcement may accept
799	fingerprints of any other person required by statute or rule to
800	submit fingerprints to the department or board or any applicant
801	or licensee regulated by the department or board who is required
802	to demonstrate that she or he has not been convicted of or pled
803	guilty or nolo contendere to a felony or a misdemeanor.
804	(6)(7)  The Department of Law Enforcement shall, upon
805	receipt of fingerprints from the department, submit the
806	fingerprints to the Federal Bureau of Investigation to check
807	federal criminal history records.
808	(7)(8)  Statewide criminal records obtained through the
809	Department of Law Enforcement, federal criminal records obtained
810	through the Federal Bureau of Investigation, and local criminal
811	records obtained through local law enforcement agencies shall be
812	used by the department and board for the purpose of issuance,
813	denial, suspension, or revocation of certificates of authority,
814	certifications, or licenses issued to operate in this state.
815	(8)(9)  For the purposes of criminal background checks,
816	applicants and principals of applicants for any approval or
817	license under this chapter may be required to disclose whether
818	they have ever had their name legally changed and any prior name
819	or names they have used.
820	(9)(10)  If any applicant under this chapter has been,
821	within the 10 years preceding the application under this
822	chapter, convicted or found guilty of, or entered a plea of nolo
823	contendere to, regardless of adjudication, any crime in any
824	jurisdiction, the application shall not be deemed complete until
825	such time as the applicant provides such certified true copies
826	of the court records evidencing the conviction, finding, or
827	plea, as the licensing authority may by rule require.
828	(10)(a)  When applying for any license under this chapter,
829	every applicant shall be required to disclose the applicant's
830	criminal records in accordance with this subsection.
831	(b)  The criminal record required to be disclosed shall be
832	any crime listed in paragraph (c) of which the person or entity
833	required to make disclosure has been convicted or to which that
834	person or entity entered a plea in the nature of no contest.
835	Disclosure shall be required pursuant to this subsection
836	regardless of whether adjudication was entered or withheld by
837	the court in which the case was prosecuted.
838	(c)  Crimes to be disclosed are:
839	1.  Any felony or misdemeanor, no matter when committed,
840	that was directly or indirectly related to or involving any
841	aspect of the practice or business of funeral directing,
842	embalming, direct disposition, cremation, funeral or cemetery
843	preneed sales, funeral establishment operations, cemetery
844	operations, or cemetery monument or marker sales or
845	installation.
846	2.  Any other felony not already disclosed under
847	subparagraph 1. that was committed within the 20 years
848	immediately preceding the application under this chapter.
849	3.  Any other misdemeanor not already disclosed under
850	subparagraph 1. that was committed within the 5 years
851	immediately preceding the application under this chapter.
852	(d)  Criminal records subject to paragraphs (b) and (c)
853	shall be disclosed regardless of whether the criminal conduct
854	occurred inside or outside the state and regardless of whether
855	the criminal prosecution occurred in state court or in the court
856	of another state, the United States, or a foreign country. As to
857	crimes prosecuted in courts other than the courts of this state,
858	the designation of the crime as a felony or misdemeanor by the
859	law of the jurisdiction prosecuting the crime shall control. If
860	the prosecuting jurisdiction does not use the term "felony" or
861	"misdemeanor" in classifying the crime, the crime shall be
862	deemed a felony for purposes of this subsection if punishable
863	under the law of the prosecuting jurisdiction by a term of
864	imprisonment in excess of 1 year; otherwise, the crime shall be
865	classified as a misdemeanor for purposes of this subsection.
866	Excessive speed in the operation of a motor vehicle and other
867	noncriminal traffic infractions are not required to be reported
868	under this section.
869	(e)  For purposes of this subsection, the persons required
870	to make disclosure of their criminal records in relation to an
871	application shall be as follows:
872	1.  Where the applicant is a natural person, only the
873	natural person making application has the duty to disclose.
874	2.  Where the applicant is a corporation, all officers and
875	directors of that corporation have the duty to disclose.
876	3.  Where the applicant is a limited liability company, all
877	managers and members of the limited liability company have the
878	duty to disclose.
879	4.  Where the applicant is a partnership, all partners have
880	the duty to disclose.
881	5.  Where the applicant is required by this chapter to
882	identify in the application the individual licensee under this
883	chapter who will be in charge of the applicant, the identified
884	individual licensee in charge, in addition to the applicant,
885	shall make disclosure of criminal records as part of the
886	application.
887	(f)  In addition to persons identified in paragraph (e) as
888	being required to provide a criminal history in relation to an
889	application for licensure, the department may, during its
890	prelicensing investigation of the applicant pursuant to
891	subsection (3), on a case-by-case basis, require disclosure of
892	criminal records from any other employee or principal of the
893	applicant if the department has grounds to believe that such
894	employee or principal has committed any crime and that such
895	employee's or principal's relationship to the applicant may
896	render the applicant a danger to the public if the license
897	applied for is issued.
898	(g)  The licensing authority may adopt rules specifying
899	forms and procedures to be utilized by persons required to
900	disclose criminal records under this subsection. The licensing
901	authority may conduct investigation and further inquiry of any
902	person regarding any criminal record disclosed pursuant to this
903	section.
904	(11)(a)  When an applicant is required by this chapter to
905	submit fingerprints in applying for a license, the following
906	persons shall be required to submit such fingerprints:
907	1.  Where the applicant is a natural person, the
908	fingerprints of the natural person making application.
909	2.  Where the applicant is a corporation, the fingerprints
910	of the persons serving in the following capacities: chief
911	executive officer and president, or both persons if the
912	positions are filled by different persons; chief financial
913	officer; chief of operations; general counsel if a corporation
914	employee; and members of the board.
915	3.  Where the applicant is a limited liability company, the
916	fingerprints of all managers and members of the limited
917	liability company.
918	4.  Where the applicant is a partnership, the fingerprints
919	of all partners.
920	(b)  In addition to persons identified in paragraph (a) as
921	being required to provide fingerprints, the department may,
922	during its prelicensing investigation of the applicant pursuant
923	to subsection (3), on a case-by-case basis, require fingerprints
924	from any other employee of the applicant if the department has
925	grounds to believe that any such employee may have committed any
926	crime and that such employee's relationship to the applicant may
927	render the applicant a danger to the public if the license
928	applied for is issued.
929	(12)  The licensing authority may by rule establish forms,
930	procedures, and fees for the submission and processing of
931	fingerprints required to be submitted in accordance with this
932	chapter. The licensing authority may by rule waive the
933	requirement for submission of fingerprints otherwise required by
934	this chapter if the person has within the preceding 24 months
935	submitted fingerprints to the licensing authority and the
936	licensing authority has obtained a criminal history report
937	utilizing those prior fingerprints. The cost for the fingerprint
938	processing shall be paid to the Department of Law Enforcement
939	and may be borne by the Department of Financial Services, the
940	employer, or the person subject to the background check.
941	Section 8.  Subsection (2) of section 497.143, Florida
942	Statutes, as created by chapter 2004-301, Laws of Florida, is
943	amended to read:
944	497.143  Licensing; limited licenses for retired
945	professionals.--
946	(2)  Any person desiring to obtain a limited license, when
947	permitted by rule, shall submit to the department an application
948	and fee, not to exceed $300, and an affidavit stating that the
949	applicant has been licensed to practice in any jurisdiction in
950	the United States for at least 10 years in the profession for
951	which the applicant seeks a limited license. The affidavit shall
952	also state that the applicant has retired or intends to retire
953	from the practice of that profession and intends to practice
954	only pursuant to the restrictions of the limited license granted
955	pursuant to this section. If the applicant for a limited license
956	submits a notarized statement from the employer stating that the
957	applicant will not receive monetary compensation for any service
958	involving the practice of her or his profession, the application
959	and all licensure fees shall be waived. In no event may a person
960	holding a limited license under this section engage in preneed
961	sales under such limited license.
962	Section 9.  Subsection (13) of section 497.144, Florida
963	Statutes, as created by chapter 2004-301, Laws of Florida, is
964	amended to read:
965	497.144  Licensing; examinations, general provisions.--
966	(13)  When any licensed applicant under this chapter
967	requests a hearing to challenge a decision that the applicant's
968	answer to any licensure test question was not a correct answer,
969	or to seek a determination that a challenged question should be
970	stricken, unless the an applicant notifies the department at
971	least 5 days prior to the an examination hearing of the
972	applicant's inability to attend or unless the an applicant can
973	demonstrate an extreme emergency for failing to attend, the
974	department may require the an applicant who fails to attend to
975	pay reasonable attorney's fees, costs, and court costs of the
976	department for the examination hearing.
977	Section 10.  Paragraph (b) of subsection (4) of section
978	497.147, Florida Statutes, as created by chapter 2004-301, Laws
979	of Florida, is amended to read:
980	497.147  Continuing education; general provisions.--
981	(4)  The licensing authority is authorized to adopt rules
982	to implement requirements regarding prelicensure training and
983	continuing education requirements under this chapter. Persons
984	providing prelicensure training or continuing education for
985	credit against the requirements of this chapter are hereinafter
986	referred to as "providers."
987	(b)  The rules may establish conditions and requirements
988	applicable to providers, including, but not limited to:
989	1.  Periodic submission by the provider to the licensing
990	authority of information and documentation as to course
991	materials, class locations and schedules, names of scheduled
992	instructors, resumes of instructors, and descriptions of
993	facilities.
994	2.  Requirements for periodic reporting by the provider to
995	the licensing authority of information concerning enrollment,
996	attendance, and status of persons enrolled for credit under this
997	chapter.
998	3.  Requirements for inspection by the licensing authority
999	of records of the provider related to training or continuing
1000	education of applicants and licensees under this chapter.
1001	4.  Requirements for announced or unannounced attendance by
1002	department staff or board members at scheduled classes or
1003	training, for the purpose of ensuring that the training meets
1004	the requirements of this chapter and rules adopted under this
1005	chapter.
1006	5.  Requirements for written contracts or agreements
1007	required to be entered into by providers with the licensing
1008	authority as a prerequisite to acceptance of training or
1009	continuing education provided by such provider for credit under
1010	this chapter.
1011	5.6.  Requirements regarding retention of records by the
1012	provider regarding training or continuing education for which
1013	credit has been given to any licensee under this chapter.
1014	6.7.  Procedures and criteria for terminating the status of
1015	any provider as an approved source of training or continuing
1016	education for credit under this chapter.
1017	7.8.  Requirements for fees to accompany applications from
1018	providers for approval or renewal of approval as a provider, not
1019	to exceed $250 per year. The rules may exempt nonprofit entities
1020	from such fees.
1021	Section 11.  Paragraph (c) of subsection (1) of section
1022	497.149, Florida Statutes, as created by chapter 2004-301, Laws
1023	of Florida, is amended to read:
1024	497.149  Investigations, hearings, and inspections.--
1025	(1)  INVESTIGATIONS.--Investigations shall be conducted by
1026	the department. The following provisions shall apply concerning
1027	investigations:
1028	(c)  If the department finds any accounts or records of a
1029	licensee required by this chapter to be created and maintained
1030	by the licensee to be inadequate or inadequately kept or posted,
1031	it may employ experts to reconstruct, rewrite, post, or balance
1032	them at the expense of the person being investigated, provided
1033	the person has failed to maintain, complete, or correct such
1034	records or accounting after the department has given the
1035	licensee her or him notice and a reasonable opportunity to do
1036	so.
1037	Section 12.  Subsection (1) of section 497.151, Florida
1038	Statutes, as created by chapter 2004-301, Laws of Florida, is
1039	amended, and subsection (4) is added to said section, to read:
1040	497.151  Complaints; logs; procedures.--
1041	(1)  This section shall be applicable to all entities
1042	licensed under this chapter licensees under this chapter except
1043	preneed sales agent licensees.
1044	(4)  For purposes of this section, the response of a
1045	customer recorded by the customer on a customer satisfaction
1046	questionnaire or survey form sent to the customer by the
1047	licensee, and returned by the customer to the licensee, shall
1048	not be deemed to be a complaint.
1049	Section 13.  Section 497.152, Florida Statutes, as created
1050	by chapter 2004-301, Laws of Florida, is amended to read:
1051	497.152  Disciplinary grounds.--This section sets forth
1052	conduct that which is prohibited and that which shall constitute
1053	grounds for denial of any application, imposition of discipline,
1054	or and other enforcement action against the licensee or other
1055	person committing such conduct. For purposes of this section,
1056	the requirements of this chapter include the requirements of
1057	rules adopted under authority of this chapter. No subsection
1058	heading in this section shall be interpreted as limiting the
1059	applicability of any paragraph within the subsection.
1060	(1)  GENERAL PROVISIONS.--The generality of the provisions
1061	of this subsection shall not be deemed to be limited by the
1062	provisions of any other subsection.
1063	(a)  Violating any provision of this chapter or any lawful
1064	order of the board or department or of the statutory
1065	predecessors to the board or department.
1066	(b)  Committing fraud, deceit, negligence, incompetency, or
1067	misconduct in the practice of any of the activities regulated
1068	under this chapter.
1069	(c)  Failing while holding a license under this chapter to
1070	maintain one or more of the qualifications for such license.
1071	(d)  Refusing to sell or issue a contract or provide
1072	services to any person because of the person's race, color,
1073	creed, marital status, sex, or national origin.
1074	(2)  CRIMINAL ACTIVITY.--Being convicted or found guilty
1075	of, or entering a plea of nolo contendere to, regardless of
1076	adjudication, a crime in any jurisdiction that which relates to
1077	the practice of, or the ability to practice, a licensee's
1078	profession or occupation under this chapter.
1079	(3)  DISCIPLINARY ACTION BY OTHER AUTHORITIES.--Having a
1080	license or the authority to practice a profession or occupation
1081	revoked, suspended, fined, denied, or otherwise acted against or
1082	disciplined by the licensing authority of another any
1083	jurisdiction, including its agencies or subdivisions, for
1084	conduct that would constitute a violation of this chapter if
1085	committed in this state or upon grounds that which directly
1086	relate to the ability to practice under this chapter. The
1087	licensing authority's acceptance of a relinquishment of
1088	licensure, stipulation, consent order, or other settlement
1089	offered in response to or in anticipation of the filing of
1090	charges against the license shall be construed as action against
1091	the license.
1092	(4)  OBLIGATIONS TO REGULATORS AND OTHER GOVERNMENT
1093	AGENCIES.--
1094	(a)  Improperly interfering with an investigation or
1095	inspection authorized by statute or with any disciplinary
1096	proceeding.
1097	(b)  Failure to comply with a lawfully issued subpoena of
1098	the department.
1099	(c)  Refusal to produce records to the department or board
1100	in connection with any activity regulated pursuant to this
1101	chapter.
1102	(d)  Failing to report to the department any violation of
1103	this chapter by another person, which violation is known to the
1104	licensee to have created or be creating a serious and immediate
1105	danger to the public health, safety, or welfare person who the
1106	licensee knows is in violation of this chapter.
1107	(e)  Knowingly concealing information relative to
1108	violations of this chapter.
1109	(f)  Attempting to obtain, obtaining, or renewing a license
1110	under this chapter by bribery, false or forged evidence, or
1111	misrepresentation or through an error of the department or board
1112	known to the applicant.
1113	(g)  Making or filing a report or statement to or with any
1114	government entity that which the licensee knows or has reason to
1115	know to be false; or intentionally or negligently failing to
1116	file a report or record required to be filed with any government
1117	entity, or willfully impeding or obstructing another person to
1118	do so, or inducing another person to impede or obstruct such
1119	filing.
1120	(h)  Failing to perform any statutory or legal obligation
1121	placed upon a licensee.
1122	(5)  LIMITATIONS ON SCOPE OF PRACTICE; UNLICENSED
1123	PRACTICE.--
1124	(a)  Practicing or offering to practice beyond the scope
1125	permitted by this chapter and rules adopted under this chapter
1126	for the type of licensure held or accepting and performing
1127	professional responsibilities the licensee knows, or has reason
1128	to know, the licensee is not competent to perform.
1129	(b)  Practicing or attempting to practice with a revoked,
1130	suspended, inactive, or delinquent license.
1131	(c)  Representing as her or his own the license of another.
1132	(d)  Aiding, assisting, procuring, employing, or advising
1133	any person or entity to practice a profession or occupation
1134	regulated by this chapter without required licensure under this
1135	chapter.
1136	(e)  Aiding, assisting, procuring, employing, or advising
1137	any person or entity to operate or in operating an establishment
1138	regulated by this chapter without the required licensure under
1139	this chapter.
1140	(f)  Delegating to any person the performance of
1141	professional activities, or contracting with any person for the
1142	performance of professional activities by such person, when the
1143	licensee knows or has reason to know the person is not qualified
1144	by training, experience, and authorization to perform such
1145	responsibilities.
1146	(g)  Using the name or title "funeral director,"
1147	"embalmer," "direct disposer," or other title suggesting
1148	licensure that which the person using such name or title does
1149	not hold.
1150	(h)  Engaging by a direct disposer in the practice of
1151	direct burial or offering the at-need or preneed service of
1152	direct burial.
1153	(6)  EDUCATIONAL REQUIREMENTS.--
1154	(a)  Failing to comply with applicable educational course
1155	requirements pursuant to this chapter or rules adopted under
1156	this chapter regarding human immunodeficiency virus and acquired
1157	immune deficiency syndrome.
1158	(b)  Failing to timely comply with applicable continuing
1159	education requirements of this chapter.
1160	(7)  RELATIONS WITH OTHER LICENSEES.--
1161	(a)  Having been found liable in a civil proceeding for
1162	knowingly filing a false report or complaint against another
1163	licensee with the department or the board.
1164	(b)  Making any misleading statements or misrepresentations
1165	as to the financial condition of any person, or making
1166	statements that which are falsely and maliciously critical of
1167	any person for the purpose of damaging that person's business
1168	regulated under this chapter.
1169	(8)  TRANSPORT, CUSTODY, TREATMENT, OR DISINTERMENT OF
1170	HUMAN REMAINS.--
1171	(a)  Violation of any state law or rule or any municipal or
1172	county ordinance or regulation affecting the handling, custody,
1173	care, or transportation of dead human bodies.
1174	(b)  Refusing to surrender promptly the custody of a dead
1175	human body upon the express order of the person legally
1176	authorized to its custody; however, this provision shall be
1177	subject to any state or local laws or rules governing custody or
1178	transportation of dead human bodies.
1179	(c)  Taking possession of a dead human body without first
1180	having obtained written or oral permission from a legally
1181	authorized person. If oral permission is granted, the licensee
1182	shall must obtain written permission within a reasonable time as
1183	established by rule.
1184	(d)  Embalming human remains without first having obtained
1185	written or oral permission from a legally authorized person;
1186	however, washing and other public health procedures, such as
1187	closing of the orifices by placing cotton soaked in a
1188	disinfectant in such orifices until authorization to embalm is
1189	received, shall not be precluded. If oral permission is granted,
1190	the licensee shall must obtain written permission within a
1191	reasonable time as established by board rule.
1192	(e)  Failing to obtain written authorization from the
1193	family or next of kin of the deceased prior to entombment,
1194	interment, disinterment, disentombment, or disinurnment of the
1195	remains of any human being.
1196	(9)  SALES PRACTICES IN GENERAL.--
1197	(a)  Soliciting by the licensee, or by her or his agent,
1198	assistant, or employee, through the use of fraud, undue
1199	influence, intimidation, overreaching, or other means that which
1200	takes advantage of a customer's ignorance or emotional
1201	vulnerability.
1202	(b)  Exercising undue influence on a client for the purpose
1203	of financial gain of the licensee or a third party in connection
1204	with any transaction regulated by this chapter.
1205	(c)  Discouraging a customer's purchase of any funeral
1206	merchandise or service that which is advertised or offered for
1207	sale, with the purpose of encouraging the purchase of additional
1208	or more expensive merchandise or service, by disparaging its
1209	quality or appearance, except that true factual statements
1210	concerning features, design, or construction do not constitute
1211	disparagement; by misrepresenting its availability or any delay
1212	involved in obtaining it; or by suggesting directly or by
1213	implication that a customer's concern for price or expressed
1214	interest in inexpensive funeral merchandise or services is
1215	improper, inappropriate, or indicative of diminished respect or
1216	affection for the deceased.
1217	(d)  Misrepresenting the benefits, advantages, conditions,
1218	or terms of any contract to provide any services or merchandise
1219	regulated under this chapter.
1220	(e)  Advertising goods and services in a manner that is
1221	fraudulent, deceptive, or misleading in form or content.
1222	(f)  Directly or indirectly making any deceptive,
1223	misleading, or untrue representations, whether oral or written,
1224	or employing any trick, scheme, or artifice, in or related to
1225	the practice of a profession or occupation regulated under this
1226	chapter, including in the advertising or sale of any merchandise
1227	or services related to the practice of the profession or
1228	occupation.
1229	(10)  SPECIFIC MISREPRESENTATIONS.--
1230	(a)  Making any false or misleading statement of the legal
1231	requirement as to the necessity of any particular burial or
1232	funeral merchandise or services.
1233	(b)  Making any oral, written, or visual representations,
1234	directly or indirectly, that any funeral merchandise or service
1235	is offered for sale when such is not a bona fide offer to sell
1236	such merchandise or service.
1237	(c)  Making any misrepresentation for the purpose of
1238	inducing, or tending to induce, the lapse, forfeiture, exchange,
1239	conversion, or surrender of any preneed contract or any life
1240	insurance policy pledged or assigned to secure payment for
1241	funeral or burial goods or services.
1242	(d)  Misrepresenting pertinent facts or prepaid contract
1243	provisions relating to funeral or burial merchandise or
1244	services.
1245	(e)  Misrepresenting the amount advanced on behalf of a
1246	customer for any item of service or merchandise, including, but
1247	not limited to, cemetery or crematory services, pallbearers,
1248	public transportation, clergy honoraria, flowers, musicians or
1249	singers, nurses, obituary notices, gratuities, and death
1250	certificates, described as cash advances, accommodations, or
1251	words of similar import on the contract, final bill, or other
1252	written evidence of agreement or obligation furnished to
1253	customers; however, nothing in this paragraph shall require
1254	disclosure of a discount or rebate that which may accrue to a
1255	licensee subsequent to making a cash advance.
1256	(f)  Making any false or misleading statement or claim that
1257	natural decomposition or decay of human remains can be prevented
1258	or substantially delayed by embalming, use of a gasketed or
1259	ungasketed casket, or use of an adhesive or nonadhesive closure
1260	on an outer burial container.
1261	(g)  Making any false or misleading statement, oral or
1262	written, directly or indirectly, regarding any law or rule
1263	pertaining to the preparation for disposition, transportation
1264	for disposition, or disposition of dead human bodies.
1265	(h)  Making any false or misleading statements of the legal
1266	requirement as to the conditions under which preservation of a
1267	dead human body is required or as to the necessity of a casket
1268	or outer burial container.
1269	(11)  SPECIFIC SALES PRACTICES.--
1270	(a)  Failing to furnish, for retention, to each purchaser
1271	of burial rights, burial or funeral merchandise, or burial or
1272	funeral services a written agreement, the form of which has been
1273	previously approved if and as required by this chapter, that
1274	which lists in detail the items and services purchased together
1275	with the prices for the items and services purchased; the name,
1276	address, and telephone number of the licensee; the signatures of
1277	the customer and the licensee or her or his representative; and
1278	the date signed.
1279	(b)  Filling in any contract form for use with a particular
1280	customer using language that Using any name or title in any
1281	contract regulated under this chapter which misrepresents the
1282	true nature of the contract.
1283	(c)  Selling an irrevocable preneed contract to a person
1284	who is not an applicant for or recipient of Supplemental
1285	Security Income or Aid to Families with Dependent Children or
1286	pursuant to s. 497.459(6)(a).
1287	(d)  Except as authorized in part IV of this chapter,
1288	guaranteeing the price of goods and services at a future date.
1289	(e)  Requiring that a casket be purchased for cremation or
1290	claiming directly or by implication that a casket is required
1291	for cremation.
1292	(f)  When displaying any caskets for sale, failing to
1293	display the least expensive casket offered for sale or use in
1294	adult funerals in the same general manner as the funeral service
1295	industry member's other caskets are displayed.
1296	(g)  Assessing fees and costs that have not been disclosed
1297	to the customer in connection with any transaction regulated by
1298	this chapter.
1299	(h)  Failure by a cemetery licensed under this chapter to
1300	provide to any person, upon request, a copy of the cemetery
1301	bylaws.
1302	(i)  Requirements by a cemetery licensee that lot owners or
1303	current customers make unnecessary visits to the cemetery
1304	company office for the purpose of solicitation.
1305	(12)  DISCLOSURE REQUIREMENTS.--
1306	(a)  Failure to disclose, when such disclosure is desired,
1307	the components of the prices for alternatives offered by the
1308	licensee from whom disclosure is requested, such as graveside
1309	service, direct disposition, and body donation without any rites
1310	or ceremonies prior to the delivery of the body and prices of
1311	service if there are to be such after the residue has been
1312	removed following the use thereof.
1313	(b)  Failing to furnish, for retention, to anyone who
1314	inquires in person about burial rights, burial or funeral
1315	merchandise, or burial or funeral services, before any
1316	discussion of selection, a printed or typewritten list
1317	specifying the range of retail prices for such rights,
1318	merchandise, or services. At a minimum, the list shall itemize
1319	the highest and lowest priced product and service regularly
1320	offered and shall include the name, address, and telephone
1321	number of the licensee and statements that the customer may
1322	choose only the items the customer desires, that the customer
1323	will be charged for only those items selected, and that there
1324	may be other charges for other items or other services.
1325	(c)  Failing to reasonably provide by telephone, upon
1326	request, accurate information regarding the retail prices of
1327	funeral merchandise and services offered for sale by that
1328	licensee.
1329	(d)  Failure by a funeral director to make full disclosure
1330	in the case of a funeral or direct disposition with regard to
1331	the use of funeral merchandise that which is not to be disposed
1332	of with the body or failure to obtain written permission from
1333	the purchaser regarding disposition of such merchandise.
1334	(e)  Failure by any funeral director to fully disclose all
1335	of her or his available services and merchandise prior to the
1336	selection of a casket offered by a licensee. The full disclosure
1337	required shall identify what is included in the funeral or
1338	direct disposition and the prices of all services and
1339	merchandise provided by the licensee or registrant.
1340	(f)  Failing to have the price of any casket offered for
1341	sale clearly marked on or in the casket, whether the casket is
1342	displayed at a funeral establishment or at any other location,
1343	regardless of whether the licensee is in control of such
1344	location. If a licensee uses books, catalogs, brochures, or
1345	other printed display aids, the price of each casket shall be
1346	clearly marked.
1347	(g)  Failing to disclose all fees and costs the customer
1348	may incur to use the burial rights or merchandise purchased.
1349	(13)  CONTRACT OBLIGATIONS.--
1350	(a)  Failing without reasonable justification to timely
1351	honor contracts entered into by the licensee or under the
1352	licensee's license for funeral or burial merchandise or
1353	services.
1354	(b)  Failure to honor preneed contract cancellation
1355	requests and make refunds as required by the chapter.
1356	(14)  OBLIGATIONS REGARDING COMPLAINTS AND CLAIMS BY
1357	CUSTOMERS.--
1358	(a)  Failing to adopt and implement standards for the
1359	proper investigation and resolution of claims and complaints
1360	received by a licensee relating to the licensee's activities
1361	regulated by this chapter.
1362	(b)  Committing or performing with such frequency as to
1363	indicate a general business practice any of the following:
1364	1.  Failing to acknowledge and act promptly upon
1365	communications from a licensee's customers and their
1366	representatives with respect to claims or complaints relating to
1367	the licensee's activities regulated by this chapter.
1368	2.  Denying claims or rejecting complaints received by a
1369	licensee from a customer or customer's representative, relating
1370	to the licensee's activities regulated by this chapter, without
1371	first conducting reasonable investigation based upon available
1372	information.
1373	3.  Attempting to settle a claim or complaint on the basis
1374	of a material document that which was altered without notice to,
1375	or without the knowledge or consent of, the contract purchaser
1376	or her or his representative or legal guardian.
1377	4.  Failing within a reasonable time to affirm or deny
1378	coverage of specified services or merchandise under a contract
1379	entered into by a licensee upon written request of the contract
1380	purchaser or her or his representative or legal guardian.
1381	5.  Failing to promptly provide, in relation to a contract
1382	for funeral or burial merchandise or services entered into by
1383	the licensee or under the licensee's license, a reasonable
1384	explanation to the contract purchaser or her or his
1385	representative or legal guardian of the licensee's basis for
1386	denying or rejecting all or any part of a claim or complaint
1387	submitted.
1388	(c)  Making a material misrepresentation to a contract
1389	purchaser or her or his representative or legal guardian for the
1390	purpose and with the intent of effecting settlement of a claim
1391	or complaint or loss under a prepaid contract on less favorable
1392	terms than those provided in, and contemplated by, the prepaid
1393	contract.
1394	(d)  Failing to maintain a complete copy of every complaint
1395	received by the licensee since the date of the last examination
1396	of the licensee by the department. For purposes of this
1397	subsection, the term "complaint" means any written communication
1398	primarily expressing a grievance and which communication is
1399	from:
1400	1.  A representative or family member of a deceased person
1401	interred at the licensee's facilities or using the licensee's
1402	services, or which deceased's remains were the subject of any
1403	service provided by the licensee or licensee's business; or
1404	2.  A person, or such person's family member or
1405	representative, who inquired of the licensee or licensee's
1406	business concerning the purchase of, or who purchased or
1407	contracted to purchase, any funeral or burial merchandise or
1408	services from the licensee or licensee's business.
1409
1410	For purposes of this subsection, the response of a customer
1411	recorded by the customer on a customer satisfaction
1412	questionnaire or survey form sent to the customer by the
1413	licensee, and returned by the customer to the licensee, shall
1414	not be deemed to be a complaint.
1415	(15)  MISCELLANEOUS FINANCIAL MATTERS.--
1416	(a)  Failing to timely pay any fee required by this
1417	chapter.
1418	(b)  Failing to timely remit as required by this chapter
1419	the required amounts to any trust fund required by this chapter.
1420	The board may by rule provide criteria for identifying minor,
1421	nonwillful trust remittance deficiencies; and remittance
1422	deficiencies falling within such criteria, if fully corrected
1423	within 30 days after notice to the licensee by the department,
1424	shall not constitute grounds for disciplinary action.
1425	(c)  Paying to or receiving from any organization, agency,
1426	or person, either directly or indirectly, any commission, bonus,
1427	kickback, or rebate in any form whatsoever for any business
1428	regulated under this chapter, whether such payments are made or
1429	received by the licensee, or her or his agent, assistant, or
1430	employee; however, this provision shall not prohibit the payment
1431	of commissions by a funeral director, funeral establishment,
1432	cemetery, or monument establishment to its preneed agents
1433	licensed pursuant to this chapter or to licensees under this
1434	chapter.
1435	Section 14.  Subsection (1), paragraph (b) of subsection
1436	(2), and paragraph (c) of subsection (4) of section 497.153,
1437	Florida Statutes, as created by chapter 2004-301, Laws of
1438	Florida, are amended to read:
1439	497.153  Disciplinary procedures and penalties.--
1440	(1)  JURISDICTION OF LICENSING AUTHORITY TO INVESTIGATE AND
1441	PROSECUTE.--The expiration, nonrenewal, or surrender of
1442	licensure under this chapter shall not eliminate jurisdiction in
1443	the licensing authority to investigate and prosecute for
1444	violations committed by a licensee while licensed under this
1445	chapter. The prosecution of any matter may be initiated or
1446	continued notwithstanding the withdrawal of any complaint.
1447	(2)  DETERMINATION OF PROBABLE CAUSE.--
1448	(b)  Prior to submitting a matter to the probable cause
1449	panel, the licensee who is the subject of the matter shall be
1450	provided by the department with a copy of any written complaint
1451	received by the department in the matter and shall be advised
1452	that the licensee she or he may, within 20 days after receipt of
1453	a copy of such complaint from the department, submit to the
1454	department a written response. Any response timely received by
1455	the department shall be provided by the department to the
1456	probable cause panel. Licensees may not appear in person or
1457	through a representative at any probable cause panel proceeding.
1458	This paragraph shall not apply to emergency action.
1459	(4)  ACTION AFTER PROBABLE CAUSE FOUND.--
1460	(c)  The department may at any time present to the board a
1461	proposed settlement by consent order or otherwise of any matter
1462	as to which probable cause has been found. If the board accepts
1463	the proposed settlement, it may execute and file the consent
1464	order as its final order in the matter or may otherwise issue
1465	its final order in the matter shall issue its final order
1466	adopting the settlement. If the board does not accept such
1467	settlement, the prosecution of the matter shall be resumed. No
1468	settlement of any disciplinary matter as to which probable cause
1469	has been found may be entered into by the board prior to receipt
1470	of a recommended order of an administrative law judge without
1471	the department's concurrence.
1472	Section 15.  Subsection (1) of section 497.158, Florida
1473	Statutes, as renumbered and amended by section 28 of chapter
1474	2004-301, Laws of Florida, is amended to read:
1475	497.158  Court enforcement actions; powers; abatement of
1476	nuisances.--
1477	(1)  In addition to or in lieu of other actions authorized
1478	by this chapter, the department may petition the courts of this
1479	state for injunctive or other relief against any licensed or
1480	unlicensed person for the enforcement of this chapter and orders
1481	issued under this chapter. The court shall be authorized to
1482	impose a fine of up to $5,000 per violation on any licensee
1483	under this chapter and up to $10,000 on any person not licensed
1484	under this chapter, payable to the department, upon any person
1485	determined by the court to have violated this chapter, and may
1486	order payment to the department of the department's attorney's
1487	fees and litigation costs, by any person found to have violated
1488	this chapter.
1489	Section 16.  Subsections (1), (3), and (4) and paragraph
1490	(a) of subsection (5) of section 497.159, Florida Statutes, as
1491	created by chapter 2004-301, Laws of Florida, are amended to
1492	read:
1493	497.159  Crimes.--
1494	(1)  The theft of an examination in whole or in part or the
1495	act of unauthorized reproducing, circulating, or copying of any
1496	questions or answers on, from, or for any prelicensure
1497	examination administered by the department or the board, whether
1498	such examination is reproduced or copied in part or in whole and
1499	by any means, constitutes a felony of the third degree,
1500	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1501	(3)  Any person individual who willfully obstructs the
1502	department or its examiner in any examination or investigation
1503	authorized by this chapter commits is guilty of a misdemeanor of
1504	the second degree and is, in addition to any disciplinary action
1505	under this chapter, punishable as provided in s. 775.082 or s.
1506	775.083. The initiation of action in any court by or on behalf
1507	of any licensee to terminate or limit any examination or
1508	investigation under this chapter shall not constitute a
1509	violation under this subsection.
1510	(4)  Any officer or director, or person occupying similar
1511	status or performing similar functions, of a preneed licensee
1512	who fails under this chapter who knowingly directs or causes the
1513	failure to make required deposits to any trust fund required by
1514	this chapter; any director, officer, agent, or employee of a
1515	preneed licensee who makes any unlawful withdrawal of funds from
1516	any such account or who knowingly discloses to the department or
1517	an employee thereof any false report made pursuant to this
1518	chapter; or any person who willfully violates any of the
1519	provisions of part II, part IV or part V, or with knowledge that
1520	such required deposits are not being made as required by law
1521	fails to report such failure to the department, or who knowingly
1522	directs or causes the unlawful withdrawal of funds from any
1523	trust fund required by this chapter, commits a felony of the
1524	third degree, punishable as provided in s. 775.082, s. 775.083,
1525	or s. 775.084.
1526	(5)(a)  No cemetery company or other legal entity
1527	conducting or maintaining any public or private cemetery may
1528	deny burial space to any person because of race, creed, marital
1529	status, sex, national origin, or color. A cemetery company or
1530	other entity operating any cemetery may designate parts of
1531	cemeteries or burial grounds for the specific use of persons
1532	whose religious code requires isolation. Religious institution
1533	cemeteries may limit burials to members of the religious
1534	institution and their families.
1535	Section 17.  Paragraphs (g) and (h) of subsection (1) and
1536	subsection (3) of section 497.161, Florida Statutes, as created
1537	by chapter 2004-301, Laws of Florida, are amended to read:
1538	497.161  Other rulemaking provisions.--
1539	(1)  In addition to such other rules as are authorized or
1540	required under this chapter, the following additional rules, not
1541	inconsistent with this chapter, shall be authorized by the
1542	licensing authority.
1543	(g)  Rules establishing procedures by which the department
1544	may use the expert or technical advice of the board or members
1545	of the board for the purposes of any investigation, inspection,
1546	or financial examination, without thereby disqualifying the
1547	board member from voting on final action in the matter.
1548	(g)(h)  In connection with the statutory revisions by the
1549	2004 2005 Regular Session of the Legislature merging chapters
1550	470 and 497 as those chapters appeared in the 2003 2004 edition
1551	of the Florida Statutes and the elimination of the former boards
1552	under those chapters and the movement of regulation out of the
1553	Department of Business and Professional Regulation, the
1554	licensing authority shall through July 1, 2006, be deemed to
1555	have extraordinary rulemaking authority to adopt any and all
1556	rules jointly agreed by the board and the department to be
1557	necessary for the protection of the public concerning the
1558	regulation of the professions and occupations regulated under
1559	this chapter, or for the relief of licensees regulated under
1560	this chapter concerning any impacts that which the department
1561	and the board jointly agree were unintended or not contemplated
1562	in the enactment of the 2004 2005 legislative changes. The
1563	authority under this paragraph and any rules adopted under
1564	authority of this paragraph shall expire July 1, 2006.
1565	(3)  The department and the board shall each have standing
1566	under chapter 120 for the purposes of challenging rules or
1567	proposed rules under this chapter. This subsection shall not be
1568	interpreted to deny standing to a licensee to challenge any rule
1569	under this chapter if the licensee would otherwise have
1570	standing.
1571	Section 18.  Section 497.165, Florida Statutes, as
1572	renumbered and amended by section 35 of chapter 2004-301, Laws
1573	of Florida, is amended to read:
1574	497.165  Liability of owners, directors, and officers
1575	regarding trust funds.--The owners, officers, and directors of
1576	any licensee under this chapter may be held jointly and
1577	severally liable for any deficiency in any trust fund required
1578	by this chapter, to the extent the deficiency arose during the
1579	period they were owners, officers, or directors of the licensee,
1580	if they intentionally or through gross their conduct, or their
1581	negligence in the performance of their duties, caused the
1582	deficiency or substantially contributed to conditions that
1583	allowed the deficiency to arise or increase.
1584	Section 19.  Subsections (1) and (3) of section 497.166,
1585	Florida Statutes, as created by chapter 2004-301, Laws of
1586	Florida, are amended to read:
1587	497.166  Preneed sales.--
1588	(1)  Regulation of preneed sales shall be as set forth in
1589	part IV of this chapter. No person may act as an agent for a
1590	preneed licensee funeral establishment or direct disposal
1591	establishment with respect to preneed contracts unless such
1592	person is licensed as a preneed sales agent pursuant to part IV
1593	of this chapter or is a licensed funeral director acting as a
1594	preneed sales agent.
1595	(3)(a)  The funeral director in charge of a funeral
1596	establishment shall be responsible for the control and
1597	activities of the establishment's preneed sales agents.
1598	(b)  The direct disposer in charge or a funeral director
1599	acting as a direct disposer in charge of a direct disposal
1600	establishment shall be responsible for the control and
1601	activities of the establishment's preneed sales agents.
1602	(c)  The responsibility imposed by this subsection on the
1603	funeral director and direct disposer in charge is a duty of
1604	reasonable supervision and not absolute liability. The
1605	responsibility of the funeral director or direct disposer in
1606	charge shall be in addition to the responsibility of the preneed
1607	licensee for the conduct of the preneed sales agents it employs.
1608	Section 20.  Subsection (2) of section 497.169, Florida
1609	Statutes, as renumbered and amended by section 39 of chapter
1610	2004-301, Laws of Florida, is amended to read:
1611	497.169  Private actions; actions on behalf of consumers;
1612	attorney's fee.--
1613	(2)  In any civil litigation resulting from a transaction
1614	involving a violation of this chapter by a cemetery company or
1615	burial rights broker licensed under part II, a monument
1616	establishment licensed under part V, or a preneed entity or
1617	preneed sales agent licensed under part IV, the court may award
1618	to the prevailing party and against such cemetery company,
1619	burial rights broker, monument establishment, or preneed entity
1620	or sales agent, after judgment in the trial court and exhaustion
1621	of any appeal, reasonable attorney's fees and costs from the
1622	nonprevailing party in an amount to be determined by the trial
1623	court. Any award of attorney's fees or costs shall become a part
1624	of the judgment and shall be subject to execution as the law
1625	allows. This subsection does not apply to licensees licensed
1626	under part III or part VI.
1627	Section 21.  Section 497.171, Florida Statutes, is created
1628	to read:
1629	497.171  Identification of human remains.--
1630	(1)  PRIOR TO FINAL DISPOSITION.--
1631	(a)  This subsection shall apply to licensees under parts
1632	III and VI.
1633	(b)  The licensee in charge of the final disposition of
1634	dead human remains shall, prior to final disposition of such
1635	dead human remains, affix to the ankle or wrist of the deceased,
1636	and on the casket, alternative container, or cremation
1637	container, a tag providing proper identification of the dead
1638	human remains. The identification tag shall be encased in or
1639	consist of durable and long-lasting material and shall list the
1640	name, date of birth, and date of death of the deceased, if
1641	available. The board may adopt rules specifying acceptable
1642	materials for such identification tag, acceptable locations for
1643	the tag on the casket, alternative container, or cremation
1644	container, and acceptable methods of affixing the tag.
1645	(c)  If the dead human remains are cremated, proper
1646	identification shall be placed in the container or urn
1647	containing the cremated remains.
1648	(d)  Any licensee responsible for removal of dead human
1649	remains to any establishment, facility, or location shall ensure
1650	that the remains are identified by a tag or other means of
1651	identification that is affixed to the ankle or wrist of the
1652	deceased at the time the remains are removed from the place of
1653	death or other location.
1654	(2)  INTERMENT IN UNLICENSED CEMETERIES.--The
1655	identification of human remains interred in an unlicensed
1656	cemetery shall be the responsibility of the licensed funeral
1657	establishment in charge of the funeral arrangements for the
1658	deceased person. The licensed funeral establishment in charge of
1659	the funeral arrangements for the interment of human remains in
1660	an unlicensed cemetery shall place on the outer burial
1661	container, cremation interment container, or other container or
1662	on the inside of a crypt or niche a tag or permanent identifying
1663	mark listing the name of the decedent and the date of death, if
1664	available. The materials and locations of the tag or mark shall
1665	be more specifically described by rule of the licensing
1666	authority.
1667	(3)  INTERMENT IN LICENSED CEMETERIES.--
1668	(a)  This subsection shall apply to cemetery licensees
1669	under part II.
1670	(b)  As to interments in a licensed cemetery, each licensed
1671	cemetery shall place on the outer burial container, cremation
1672	interment container, or other container or on the inside of a
1673	crypt or niche a tag or permanent identifying marker listing the
1674	name of the decedent and the date of death, if available. The
1675	materials and the location of the tag or marker shall be more
1676	specifically described by rule of the licensing authority.
1677	(c)  Each licensed cemetery may rely entirely on the
1678	identity stated on the burial transit permit or on the
1679	identification supplied by a person licensed under this chapter
1680	to establish the identity of the dead human remains delivered by
1681	such person for burial and shall not be liable for any
1682	differences between the identity shown on the burial transit
1683	permit or identification and the actual identity of the dead
1684	human remains delivered by such person and buried in the
1685	cemetery.
1686	(4)  DIRECT DISPOSAL ESTABLISHMENTS.--Direct disposal
1687	establishments shall establish a system of identification of
1688	human remains received that shall be designed to track the
1689	identity of the remains from the time of receipt until delivery
1690	of the remains to the authorized persons. This is in addition to
1691	the requirements for identification of human remains set forth
1692	in subsection (1). A copy of the identification procedures shall
1693	be available, upon request, to the department and legally
1694	authorized persons.
1695	(5)  RELIANCE ON LEGALLY AUTHORIZED PERSON.--Any licensee
1696	charged with responsibility under this section may rely on the
1697	representation of a legally authorized person to establish the
1698	identity of dead human remains.
1699	Section 22.  Paragraph (b) of subsection (6) of section
1700	497.260, Florida Statutes, as renumbered and amended by section
1701	42 of chapter 2004-301, Laws of Florida, is amended to read:
1702	497.260  Cemeteries; exemption; investigation and
1703	mediation.--
1704	(6)
1705	(b)  No cemetery company or other legal entity conducting
1706	or maintaining any public or private cemetery may deny burial
1707	space to any person because of race, creed, marital status, sex,
1708	national origin, or color. A cemetery company or other entity
1709	operating any cemetery may designate parts of cemeteries or
1710	burial grounds for the specific use of persons whose religious
1711	code requires isolation. Religious institution cemeteries may
1712	limit burials to members of the religious institution and their
1713	families.
1714	Section 23.  Paragraphs (b), (m), (o), and (q) of
1715	subsection (2) of section 497.263, Florida Statutes, as
1716	renumbered and amended by section 45 of chapter 2004-301, Laws
1717	of Florida, are amended to read:
1718	497.263  Cemetery companies; license required; licensure
1719	requirements and procedures.--
1720	(2)  APPLICATION PROCEDURES.--
1721	(b)  The applicant shall be a corporation, or a
1722	partnership, or a limited liability company formed prior to
1723	January 1, 2005, which limited liability company already holds a
1724	license under this chapter.
1725	(m)  The applicant shall be required to make disclosure of
1726	the applicant's criminal records, if any, as required by s.
1727	497.142. The application shall require the applicant to disclose
1728	whether the applicant or any principal of the applicant has ever
1729	been convicted or found guilty of, or entered a plea of no
1730	contest to, regardless of adjudication, any crime in any
1731	jurisdiction. The licensing authority may require by rule
1732	additional information to be provided concerning any affirmative
1733	answers.
1734	(o)  The applicant shall submit fingerprints in accordance
1735	with s. 497.142. The application shall require the applicant and
1736	applicant's principals to provide fingerprints in accordance
1737	with part I of this chapter.
1738	(q)  The application shall be signed in accordance with s.
1739	497.141(12) by the president of the applicant.
1740	Section 24.  Paragraphs (h), (j), and (l) of subsection (2)
1741	of section 497.264, Florida Statutes, as renumbered and amended
1742	by section 46 of chapter 2004-301, Laws of Florida, are amended
1743	to read:
1744	497.264  License not assignable or transferable.--
1745	(2)  Any person or entity that seeks to purchase or
1746	otherwise acquire control of any cemetery licensed under this
1747	chapter shall first apply to the licensing authority and obtain
1748	approval of such purchase or change in control.
1749	(h)  The applicant shall be required to make disclosure of
1750	the applicant's criminal records, if any, as required by s.
1751	497.142. The application shall require the applicant to disclose
1752	whether the applicant or any principal of the applicant has ever
1753	been convicted or found guilty of, or entered a plea of no
1754	contest to, regardless of adjudication, any crime in any
1755	jurisdiction. The licensing authority may require by rule
1756	additional information to be provided concerning any affirmative
1757	answers.
1758	(j)  The applicant shall submit fingerprints in accordance
1759	with s. 497.142. The application shall require the applicant and
1760	the applicant's principals to provide fingerprints in accordance
1761	with part I of this chapter.
1762	(l)  The application shall be signed in accordance with s.
1763	497.141(12) by the applicant if a natural person, otherwise by
1764	the president of the applicant.
1765	Section 25.  Section 497.281, Florida Statutes, as
1766	renumbered and amended by section 62 of chapter 2004-301, Laws
1767	of Florida, is amended to read:
1768	497.281  Licensure of brokers of burial rights.--
1769	(1)  No person shall receive compensation to act as a third
1770	party to the sale or transfer of three or more burial rights in
1771	a 12-month period unless the person pays a license fee as
1772	determined by licensing authority rule but not to exceed $250
1773	and is licensed with the department as a burial rights broker in
1774	accordance with this section.
1775	(2)(a)  The applicant shall be required to make disclosure
1776	of the applicant's criminal records, if any, as required by s.
1777	497.142.
1778	(b)  The application shall require the applicant to
1779	disclose whether the applicant or any principal of the applicant
1780	has ever had a license or the authority to practice a profession
1781	or occupation refused, suspended, fined, denied, or otherwise
1782	acted against or disciplined by the licensing authority of any
1783	jurisdiction. The licensing authority may require by rule
1784	additional information to be provided concerning any affirmative
1785	answers. A licensing authority's acceptance of a relinquishment
1786	of licensure, stipulation, consent order, or other settlement,
1787	offered in response to or in anticipation of the filing of
1788	charges against the license, shall be construed as action
1789	against the license. The licensing authority may require by rule
1790	additional information to be provided concerning any affirmative
1791	answers.
1792	(c)  The applicant shall submit fingerprints in accordance
1793	with s. 497.142. The application shall be signed in accordance
1794	with s. 497.141(12).
1795	(d)  The applicant shall demonstrate by clear and
1796	convincing evidence that the applicant has the ability,
1797	experience, and integrity to act as a burial broker and, if the
1798	applicant is an entity, that the applicant's principals are of
1799	good character.
1800	(3)  For the purpose of preventing confusion and error by
1801	the licensee or by the cemeteries in which the burial rights are
1802	located as to the status as sold or unsold, and as to the
1803	identity of the owner, of the burial rights and related
1804	interment spaces in the cemetery, the licensing authority shall
1805	by rule establish requirements for minimum records to be
1806	maintained by licensees under this section.
1807	(4)  The licensing authority may by rule require
1808	inspections of the records of licensees under this section.
1809	(5)(2)  The department, by rule, shall provide for the
1810	biennial renewal of licenses under this section and a renewal
1811	fee as determined by licensing authority rule but not to exceed
1812	$250.
1813	(6)(3)  The licensure requirements of this section shall
1814	not apply to persons otherwise licensed pursuant to this
1815	chapter, but such persons, if they engage in activity as burial
1816	rights brokers, shall be subject to rules relating to required
1817	records and inspections.
1818	(4)  The licensing authority may by rule specify records of
1819	brokerage transactions which shall be required to be maintained
1820	by burial rights brokers licensed under this subsection, and
1821	which shall be subject to inspection by the department.
1822	Section 26.  Subsection (12) is added to section 497.365,
1823	Florida Statutes, as created by chapter 2004-301, Laws of
1824	Florida, to read:
1825	497.365  Licensure; inactive and delinquent status.--
1826	(12)  The board shall prescribe by rule an application fee
1827	for inactive status, a renewal fee for inactive status, a
1828	delinquency fee, and a fee for reactivation of a license. None
1829	of these fees may exceed the biennial renewal fee established by
1830	the board for an active license. The department may not
1831	reactivate a license unless the inactive or delinquent licensee
1832	has paid any applicable biennial renewal or delinquency fee, or
1833	both, and a reactivation fee.
1834	Section 27.  Paragraph (c) of subsection (1) of section
1835	497.368, Florida Statutes, as renumbered and amended by section
1836	73 of chapter 2004-301, Laws of Florida, is amended to read:
1837	497.368  Embalmers; licensure as an embalmer by
1838	examination; provisional license.--
1839	(1)  Any person desiring to be licensed as an embalmer
1840	shall apply to the licensing authority to take the licensure
1841	examination. The licensing authority shall examine each
1842	applicant who has remitted an examination fee set by rule of the
1843	licensing authority not to exceed $200 plus the actual per
1844	applicant cost to the licensing authority for portions of the
1845	examination and who has:
1846	(c)  Made disclosure of the applicant's criminal records,
1847	if any, as required by s. 497.142. The applicant shall submit
1848	fingerprints in accordance with s. 497.142. The applicant may
1849	not be licensed under this section unless the licensing
1850	authority determines the applicant is of good character and has
1851	no demonstrated history of lack of trustworthiness or integrity
1852	in business or professional matters. Had no conviction or
1853	finding of guilt, regardless of adjudication, for a crime which
1854	directly relates to the ability to practice embalming or the
1855	practice of embalming.
1856	Section 28.  Paragraph (d) is added to subsection (1) of
1857	section 497.369, Florida Statutes, as renumbered and amended by
1858	section 74 of chapter 2004-301, Laws of Florida, to read:
1859	497.369  Embalmers; licensure as an embalmer by
1860	endorsement; licensure of a temporary embalmer.--
1861	(1)  The licensing authority shall issue a license by
1862	endorsement to practice embalming to an applicant who has
1863	remitted an examination fee set by rule of the licensing
1864	authority not to exceed $200 and who the licensing authority
1865	certifies:
1866	(d)  Has made disclosure of the applicant's criminal
1867	records, if any, as required by s. 497.142. The applicant shall
1868	submit fingerprints in accordance with s. 497.142. The applicant
1869	may not be licensed under this section unless the licensing
1870	authority determines the applicant is of good character and has
1871	no demonstrated history of lack of trustworthiness or integrity
1872	in business or professional matters.
1873	Section 29.  Paragraph (c) of subsection (1) of section
1874	497.373, Florida Statutes, as renumbered and amended by section
1875	78 of chapter 2004-301, Laws of Florida, is amended to read:
1876	497.373  Funeral directing; licensure as a funeral director
1877	by examination; provisional license.--
1878	(1)  Any person desiring to be licensed as a funeral
1879	director shall apply to the licensing authority to take the
1880	licensure examination. The licensing authority shall examine
1881	each applicant who has remitted an examination fee set by rule
1882	of the licensing authority not to exceed $200 plus the actual
1883	per applicant cost to the licensing authority for portions of
1884	the examination and who the licensing authority certifies has:
1885	(c)  Made disclosure of the applicant's criminal records,
1886	if any, as required by s. 497.142. The applicant shall submit
1887	fingerprints in accordance with s. 497.142. The applicant may
1888	not be licensed under this section unless the licensing
1889	authority determines the applicant is of good character and has
1890	no demonstrated history of lack of trustworthiness or integrity
1891	in business or professional matters. Had no conviction or
1892	finding of guilt, regardless of adjudication, for a crime which
1893	directly relates to the ability to practice funeral directing or
1894	the practice of funeral directing.
1895	Section 30.  Paragraph (d) is added to subsection (1) of
1896	section 497.374, Florida Statutes, as renumbered and amended by
1897	section 79 of chapter 2004-301, Laws of Florida, to read:
1898	497.374  Funeral directing; licensure as a funeral director
1899	by endorsement; licensure of a temporary funeral director.--
1900	(1)  The licensing authority shall issue a license by
1901	endorsement to practice funeral directing to an applicant who
1902	has remitted a fee set by rule of the licensing authority not to
1903	exceed $200 and who:
1904	(d)  Has made disclosure of the applicant's criminal
1905	records, if any, as required by s. 497.142. The applicant shall
1906	submit fingerprints in accordance with s. 497.142. The applicant
1907	may not be licensed under this section unless the licensing
1908	authority determines the applicant is of good character and has
1909	no demonstrated history of lack of trustworthiness or integrity
1910	in business or professional matters.
1911	Section 31.  Subsection (1) of section 497.376, Florida
1912	Statutes, as renumbered and amended by section 81 of chapter
1913	2004-301, Laws of Florida, is amended to read:
1914	497.376  License as funeral director and embalmer
1915	permitted; display of license.--
1916	(1)  Nothing in this chapter may be construed to prohibit a
1917	person from holding a license as an embalmer and a license as a
1918	funeral director at the same time. There may be issued and
1919	renewed by the licensing authority a combination license as both
1920	funeral director and embalmer to persons meeting the separate
1921	requirements for both licenses as set forth in this chapter. The
1922	licensing authority may adopt rules providing procedures for
1923	applying for and renewing such combination license. The
1924	licensing authority may by rule establish application, renewal,
1925	and other fees for such combination license, which fees shall
1926	not exceed the sum of the maximum fees for the separate funeral
1927	director and embalmer license categories as provided in this
1928	chapter. Persons holding a combination license as a funeral
1929	director and an embalmer shall be subject to regulation under
1930	this chapter both as a funeral director and an embalmer.
1931	Section 32.  Subsection (1) of section 497.378, Florida
1932	Statutes, as amended and renumbered by section 83 of chapter
1933	2004-301, Laws of Florida, is amended to read:
1934	497.378  Renewal of funeral director and embalmer
1935	licenses.--
1936	(1)  There shall be renewed a funeral director or embalmer
1937	license upon receipt of the renewal application and fee set by
1938	the licensing authority not to exceed $500 $250. The licensing
1939	authority may prescribe by rule continuing education
1940	requirements of up to 12 classroom hours and may by rule
1941	establish criteria for accepting alternative nonclassroom
1942	continuing education on an hour-for-hour basis, in addition to a
1943	licensing authority-approved course on communicable diseases
1944	that includes the course on human immunodeficiency virus and
1945	acquired immune deficiency syndrome required by s. 497.367, for
1946	the renewal of a funeral director or embalmer license. The rule
1947	may provide for the waiver of continuing education requirements
1948	in circumstances that would justify the waiver, such as
1949	hardship, disability, or illness. The continuing education
1950	requirement is not required after July 1, 1996, for a licensee
1951	who is over the age of 75 years if the licensee does not qualify
1952	as the sole person in charge of an establishment or facility.
1953	Section 33.  Subsections (1), (4), (5), and (12) of section
1954	497.380, Florida Statutes, as renumbered and amended by section
1955	85 of chapter 2004-301, Laws of Florida, are amended to read:
1956	497.380  Funeral establishment; licensure.--
1957	(1)  A funeral establishment shall be a place at a specific
1958	street address or location consisting of at least 1,250
1959	contiguous interior square feet and shall must maintain or make
1960	arrangements for either capacity for the refrigeration and
1961	storage of dead human bodies handled and stored by the
1962	establishment and a preparation room equipped with necessary
1963	ventilation and drainage and containing necessary instruments
1964	for embalming dead human bodies or shall must make arrangements
1965	for a preparation room as established by rule.
1966	(4)  Application for a funeral establishment license shall
1967	be made on forms and pursuant to procedures specified by rule,
1968	shall be accompanied by a nonrefundable fee not to exceed $300
1969	as set by licensing authority rule, and shall include the name
1970	of the licensed funeral director who is in charge of that
1971	establishment. The applicant shall be required to make
1972	disclosure of the applicant's criminal records, if any, as
1973	required by s. 497.142. The applicant shall submit fingerprints
1974	in accordance with s. 497.142. A duly completed application
1975	accompanied by the required fees shall be approved and the
1976	license issued if the proposed funeral establishment has passed
1977	an inspection pursuant to rule of the licensing authority, the
1978	licensing authority determines the applicant is of good
1979	character and has no demonstrated history of lack of
1980	trustworthiness or integrity in business or professional
1981	matters, and the applicant otherwise is in compliance with all
1982	applicable requirements of this chapter.
1983	(5)  A funeral establishment license shall be renewable
1984	biennially pursuant to procedures, and upon payment of a
1985	nonrefundable fee not to exceed $500 $300, as set by licensing
1986	authority rule. The licensing authority may also establish by
1987	rule a delinquency fee not to exceed $50 per day.
1988	(12)(a)  A change in ownership of a funeral establishment
1989	shall be promptly reported pursuant to procedures established by
1990	rule and shall require the relicensure of the funeral
1991	establishment, including reinspection and payment of applicable
1992	fees.
1993	(b)  A change in location of a funeral establishment shall
1994	be promptly reported to the licensing authority pursuant to
1995	procedures established by rule. Operations by the licensee at a
1996	new location may not commence until an inspection by the
1997	licensing authority of the facilities, pursuant to rules of the
1998	licensing authority, has been conducted and passed at the new
1999	location.
2000	Section 34.  Paragraphs (a) and (g) of subsection (1) and
2001	paragraphs (a), (f), and (g) of subsection (2) of section
2002	497.385, Florida Statutes, as renumbered and amended by section
2003	90 of chapter 2004-301, Laws of Florida, are amended, and
2004	paragraph (i) is added to subsection (2) of said section, to
2005	read:
2006	497.385  Removal services; refrigeration facilities;
2007	centralized embalming facilities.--In order to ensure that the
2008	removal, refrigeration, and embalming of all dead human bodies
2009	is conducted in a manner that properly protects the public's
2010	health and safety, the licensing authority shall adopt rules to
2011	provide for the licensure of removal services, refrigeration
2012	facilities, and centralized embalming facilities operated
2013	independently of funeral establishments, direct disposal
2014	establishments, and cinerator facilities.
2015	(1)  REMOVAL SERVICES AND REFRIGERATION SERVICES.--
2016	(a)  Application for licensure of a removal service or a
2017	refrigeration service shall be made using forms and procedures
2018	as specified by rule, shall be accompanied by a nonrefundable
2019	fee not to exceed $300 as set by licensing authority rule, and
2020	shall include the name of the business owner, manager in charge,
2021	business address, and copies of occupational and other local
2022	permits. The applicant shall be required to make disclosure of
2023	the applicant's criminal records, if any, as required by s.
2024	497.142. The applicant shall submit fingerprints in accordance
2025	with s. 497.142. A duly completed application accompanied by the
2026	required fees shall be approved and the license issued if the
2027	applicant has passed an inspection pursuant to rule of the
2028	licensing authority, the licensing authority determines the
2029	applicant is of good character and has no demonstrated history
2030	of lack of trustworthiness or integrity in business or
2031	professional matters, and the applicant otherwise is in
2032	compliance with all applicable requirements of this chapter.
2033	(g)1.  A change in ownership shall be promptly reported
2034	using forms and procedures specified by rule and may require the
2035	relicensure of the licensee, including reinspection and payment
2036	of applicable fees, as required by rule.
2037	2.  A change in location shall be promptly reported to the
2038	licensing authority pursuant to procedures established by rule.
2039	Operations by the licensee at a new location may not commence
2040	until an inspection by the licensing authority of the
2041	facilities, pursuant to rules of the licensing authority, has
2042	been conducted and passed at the new location.
2043	(2)  CENTRALIZED EMBALMING FACILITIES.--In order to ensure
2044	that all funeral establishments have access to embalming
2045	facilities that comply with all applicable health and safety
2046	requirements, the licensing authority shall adopt rules to
2047	provide for the licensure and operation of centralized embalming
2048	facilities and shall require, at a minimum, the following:
2049	(a)  All centralized embalming facilities shall contain all
2050	of the equipment and meet all of the requirements that a
2051	preparation room located in a funeral establishment is required
2052	to meet, but such facilities shall not be required to comply
2053	with any of the other requirements for funeral establishments,
2054	as set forth in s. 497.380. The licensing authority may adopt
2055	rules establishing the equipment and other requirements for
2056	operation of a centralized embalming facility consistent with
2057	this paragraph.
2058	(f)  Application for licensure of a centralized embalming
2059	facility shall be made utilizing forms and procedures prescribed
2060	by rule and shall be accompanied by a nonrefundable fee not to
2061	exceed $300 as set by licensing authority rule, and licensure
2062	shall be renewed biennially pursuant to procedures and upon
2063	payment of a nonrefundable fee not to exceed $300 as set by
2064	licensing authority rule. The licensing authority may also
2065	establish by rule a late fee not to exceed $50 per day. Any
2066	licensure not renewed within 30 days after the renewal date
2067	shall expire without further action by the department. The
2068	applicant shall be required to make disclosure of the
2069	applicant's criminal records, if any, as required by s. 497.142.
2070	The applicant shall submit fingerprints in accordance with s.
2071	497.142. A duly completed application accompanied by the
2072	required fees shall be approved and the license issued if the
2073	applicant has passed an inspection pursuant to rule of the
2074	licensing authority, the licensing authority determines the
2075	applicant is of good character and has no demonstrated history
2076	of lack of trustworthiness or integrity in business or
2077	professional matters, and the applicant otherwise is in
2078	compliance with all applicable requirements of this chapter.
2079	(g)  The licensing authority shall set by rule an annual
2080	inspection fee not to exceed $300, payable upon application for
2081	licensure and upon renewal of such licensure. Centralized
2082	embalming facilities shall be subject to inspection before
2083	issuance of license and annually thereafter and also upon change
2084	of location and during investigation of any complaint. A
2085	centralized embalming facility shall notify the licensing
2086	authority of any change in location. A change in ownership shall
2087	be promptly reported to the licensing authority using forms and
2088	procedures specified by rule and may require the relicensure of
2089	the licensee, including reinspection and payment of applicable
2090	fees, as required by rule. The licensing authority shall adopt
2091	rules establishing inspection criteria and otherwise
2092	establishing forms and procedures for the implementation of this
2093	paragraph.
2094	(i)  A change in location shall be promptly reported to the
2095	licensing authority pursuant to procedures established by rule.
2096	Operations by the licensee at a new location may not commence
2097	until an inspection by the licensing authority of the
2098	facilities, pursuant to rules of the licensing authority, has
2099	been conducted and passed at the new location.
2100	Section 35.  Section 497.453, Florida Statutes, as
2101	renumbered and amended by section 102 of chapter 2004-301, Laws
2102	of Florida, is amended to read:
2103	497.453  Application for preneed license, procedures and
2104	criteria; renewal; reports.--
2105	(1)  PRENEED LICENSE APPLICATION PROCEDURES.--
2106	(a)  A person seeking a license to enter into preneed
2107	contracts shall apply for such licensure using forms prescribed
2108	by rule.
2109	(b)  The application shall require the name, business
2110	address, residence address, date and place of birth or
2111	incorporation, and business phone number of the applicant and
2112	all principals of the applicant. The application shall require
2113	the applicant's social security number, or, if the applicant is
2114	an entity, its federal tax identification number.
2115	(c)  The application may require information as to the
2116	applicant's financial resources.
2117	(d)  The application may require information as to the
2118	educational and employment history of an individual applicant;
2119	and as to applicants that are not natural persons, the business
2120	and employment history of the applicant and principals of the
2121	applicant.
2122	(e)  The applicant shall be required to make disclosure of
2123	the applicant's criminal records, if any, as required by s.
2124	497.142. The application shall require the applicant to disclose
2125	whether the applicant or any of the applicant's principals have
2126	ever been convicted or found guilty of, or entered a plea of no
2127	contest to, regardless of adjudication, any crime in any
2128	jurisdiction.
2129	(f)  The application shall require the applicant to
2130	disclose whether the applicant or any of the applicant's
2131	principals have ever had a license or the authority to practice
2132	a profession or occupation refused, suspended, fined, denied, or
2133	otherwise acted against or disciplined by the licensing
2134	authority of any jurisdiction. A licensing authority's
2135	acceptance of a relinquishment of licensure, stipulation,
2136	consent order, or other settlement, offered in response to or in
2137	anticipation of the filing of charges against the license, shall
2138	be construed as action against the license.
2139	(g)  The applicant shall submit fingerprints in accordance
2140	with s. 497.142. The application shall require the applicant and
2141	its principals to provide fingerprints in accordance with part I
2142	of this chapter.
2143	(h)  The application shall state the name and license
2144	number of the funeral establishment, cemetery company, direct
2145	disposal establishment, or monument establishment, under whose
2146	license the preneed application is made.
2147	(i)  The application shall state the types of preneed
2148	contracts proposed to be written.
2149	(j)  The application shall disclose the existence of all
2150	preneed contracts for service or merchandise entered into by the
2151	applicant, or by any other entity under common control with the
2152	applicant, without or prior to authorization under this section
2153	or predecessors to this section. As to each such contract, the
2154	applicant shall disclose the name and address of the contract
2155	purchaser, the status of the contract, and what steps or
2156	measures the applicant has taken to ensure performance of
2157	unfulfilled contracts, setting forth the treatment and status of
2158	funds received from the customer in regard to the contract, and
2159	stating the name and address of any institution where such funds
2160	are deposited and the number used by the institution to identify
2161	the account. With respect to contracts entered into before
2162	January 1, 1983, an application to issue or renew a preneed
2163	license may not be denied solely on the basis of such
2164	disclosure. The purchaser of any such contract may not be
2165	required to liquidate the account if such account was
2166	established before July 1, 1965. Information disclosed may be
2167	used by the licensing authority to notify the contract purchaser
2168	and the institution in which such funds are deposited should the
2169	holder of a preneed license be unable to fulfill the
2170	requirements of the contract.
2171	(k)  The application shall require the applicant to
2172	demonstrate that the applicant complies and will comply with all
2173	requirements for preneed contract licensure under this chapter.
2174	(l)  The application may require any other information
2175	considered necessary by the department or board to meet its
2176	responsibilities under this chapter.
2177	(m)  The application shall be sworn to and signed in
2178	accordance with s. 497.141(12) by the applicant if a natural
2179	person, or by the president of an applicant that is not a
2180	natural person.
2181	(n)  The application shall be accompanied by a
2182	nonrefundable fee as determined by licensing authority rule but
2183	not to exceed $500.
2184	(2)  ACTION CONCERNING APPLICATIONS.--A duly completed
2185	application for licensure under this section, accompanied by the
2186	required fees, shall be approved and a license issued, if the
2187	licensing authority determines that the following conditions are
2188	met:
2189	(a)  The application is made by a funeral establishment,
2190	cemetery company, direct disposal establishment, or monument
2191	establishment, or on behalf of one of the preceding licensees by
2192	its agent in the case of a corporate entity, licensed and in
2193	good standing under this chapter.
2194	(b)  The applicant meets net worth requirements specified
2195	by rule of the licensing authority.
2196	1.  The net worth required by rule to obtain or renew a
2197	preneed license and write and carry up to $100,000 in total
2198	retail value of outstanding preneed contracts shall not exceed
2199	$20,000. The board may specify higher net worth requirements by
2200	increments, for total retail value of outstanding preneed
2201	contracts carried in excess of $100,000, as the board determines
2202	necessary for the protection of the public.
2203	2.  An applicant to obtain or renew a preneed license who
2204	cannot demonstrate the required initial minimum net worth may
2205	voluntarily submit to the licensing authority, and request
2206	acceptance of, alternative evidence of financial stability and
2207	resources or agree to additional oversight in lieu of the
2208	required net worth. Such additional evidence or oversight may
2209	include, as appropriate, one or more of the following:
2210	a.  An agreement to submit monthly financial statements of
2211	the entity.
2212	b.  An agreement to submit quarterly financial statements
2213	of the entity.
2214	c.  An appraisal of the entity's property or broker's
2215	opinion of the entity's assets.
2216	d.  A credit report of the entity or its principals.
2217	e.  A subordination-of-debt agreement from the entity's
2218	principals.
2219	f.  An indemnification or subrogation agreement binding the
2220	entity and its principals.
2221	g.  A guarantee agreement for the entity from its
2222	principals.
2223	h.  A written explanation of past financial activity.
2224	i.  Submission of a 12-month projected business plan that
2225	includes:
2226	(I)  A statement of cash flows.
2227	(II)  Pro forma income statements, with sources of revenues
2228	identified.
2229	(III)  Marketing initiatives.
2230	j.  Submission of previous department examination reports.
2231	k.  An agreement of 100 percent voluntary trust by the
2232	entity.
2233	3.  The licensing authority may accept such alternative
2234	evidence or arrangements in lieu of the required net worth only
2235	if the licensing authority determines such alternative evidence
2236	or arrangements are an adequate substitute for required net
2237	worth and that acceptance would not substantially increase the
2238	risk to existing or future customers of nonperformance by the
2239	applicant or licensee on its retail sales agreements.
2240	(c)  The applicant has and will have the ability to
2241	discharge her or his liabilities as they become due in the
2242	normal course of business, and has and will have sufficient
2243	funds available during the calendar year to perform her or his
2244	obligations under her or his contracts.
2245	(d)  If the applicant or any entity under common control
2246	with the applicant has entered into preneed contracts prior to
2247	being authorized to do so under the laws of this state:
2248	1.  The licensing authority determines that adequate
2249	provision has been made to ensure the performance of such
2250	contracts.
2251	2.  The licensing authority determines that the improper
2252	sale of such preneed contracts prior to authorization under this
2253	chapter does not indicate, under the facts of the particular
2254	application in issue, that the applicant has a disregard of the
2255	laws of this state such as would expose the public to
2256	unreasonable risk if the applicant were issued a preneed
2257	license.
2258	3.  Nothing in this section shall imply any authorization
2259	to enter into preneed contracts without authorization under this
2260	chapter.
2261	(e)  Neither the applicant nor the applicant's principals
2262	have a demonstrated history of conducting their business affairs
2263	to the detriment of the public.
2264	(f)  The applicant and the applicant's principals are of
2265	good character and have no demonstrated history of lack of
2266	trustworthiness or integrity in business or professional
2267	matters.
2268	(g)  The applicant does and will comply with all other
2269	requirements of this chapter relating to preneed licensure.
2270	(3)  ISSUANCE OF LICENSES ON PROBATIONARY STATUS.--It is
2271	the policy of this state to encourage competition for the public
2272	benefit in the preneed contract business by, among other means,
2273	the entry of new licensees into that business. To facilitate
2274	issuance of licenses concerning applications judged by the
2275	licensing authority to be borderline as to qualification for
2276	licensure, the licensing authority may issue a new license under
2277	this section on a probationary basis, subject to conditions
2278	specified by the licensing authority on a case-by-case basis,
2279	which conditions may impose special monitoring, reporting, and
2280	restrictions on operations for up to the first 12 months of
2281	licensure, to ensure the licensee's responsibleness, competency,
2282	financial stability, and compliance with this chapter. Provided,
2283	no such probationary license shall be issued unless the
2284	licensing authority determines that issuance would not pose an
2285	unreasonable risk to the public, and the licensing authority
2286	shall must within 12 months after issuance of the license either
2287	remove the probationary status or determine that the licensee is
2288	not qualified for licensure under this chapter and institute
2289	proceedings for revocation of licensure.
2290	(4)  CHANGE IN CONTROL SUBSEQUENT TO LICENSURE.--
2291	(a)  Each licensee under this section shall must provide
2292	notice as required by rule prior to any change in control of the
2293	licensee. Any such change is subject to disapproval or to
2294	reasonable conditions imposed by the licensing authority, for
2295	the protection of the public to ensure compliance with this
2296	chapter, based upon criteria established by rule, which criteria
2297	shall promote the purposes of this part in protecting the
2298	consumer.
2299	(b)  The licensing authority may authorize the transfer of
2300	a preneed license and establish by rule a fee for the transfer
2301	in an amount not to exceed $500. Upon receipt of an application
2302	for transfer, the executive director may grant a temporary
2303	preneed license to the proposed transferee, based upon criteria
2304	established by the licensing authority by rule, which criteria
2305	shall promote the purposes of this chapter in protecting the
2306	consumer. Such a temporary preneed license shall expire at the
2307	conclusion of the next regular meeting of the board unless
2308	renewed by the board. The licensing authority may by rule
2309	establish forms and procedures for the implementation of this
2310	paragraph.
2311	(5)  RENEWAL OF LICENSES.--
2312	(a)  A preneed license shall expire annually on June 1,
2313	unless renewed, or at such other time or times as may be
2314	provided by rule. The application for renewal of the license
2315	shall be on forms prescribed by rule and shall be accompanied by
2316	a renewal fee as specified in paragraph (c).
2317	(b)  Within 3 months after the end of its fiscal period, or
2318	within an extension of time therefor, as the department for good
2319	cause may grant, the licensee shall file with the department a
2320	full and true statement of her or his financial condition,
2321	transactions, and affairs, prepared on a basis as adopted by
2322	rule, as of the end of the preceding fiscal period or at such
2323	other time or times as may be required by rule, together with
2324	such other information and data that which may be required by
2325	rule. To facilitate uniformity in financial statements and to
2326	facilitate department analysis, there may be adopted by rule a
2327	form for financial statements. The rules regarding net worth,
2328	authorized by paragraph (2)(b), shall be applicable to the
2329	renewal of preneed licenses.
2330	(c)1.  Each annual application for renewal of a preneed
2331	license that is not held by a monument establishment shall be
2332	accompanied by the appropriate fee as follows:
2333	a.1.  For a preneed licensee with no preneed contract sales
2334	during the immediately preceding year....$300.
2335	b.2.  For a preneed licensee with at least 1 but fewer than
2336	50 preneed contract sales during the immediately preceding
2337	year....$400.
2338	c.3.  For a preneed licensee with at least 50 but fewer
2339	than 250 preneed contract sales during the immediately preceding
2340	year....$500.
2341	d.4.  For a preneed licensee with at least 250 but fewer
2342	than 1,000 preneed contract sales during the immediately
2343	preceding year....$850.
2344	e.5.  For a preneed licensee with at least 1,000 but fewer
2345	than 2,500 preneed contract sales during the immediately
2346	preceding year....$1,500.
2347	f.6.  For a preneed licensee with at least 2,500 but fewer
2348	than 5,000 preneed contract sales during the immediately
2349	preceding year....$2,500.
2350	g.7.  For a preneed licensee with at least 5,000 but fewer
2351	than 15,000 preneed contract sales during the immediately
2352	preceding year....$6,000.
2353	h.8.  For a preneed licensee with at least 15,000 but fewer
2354	than 30,000 preneed contract sales during the immediately
2355	preceding year....$12,500.
2356	i.9.  For a preneed licensee with 30,000 preneed contract
2357	sales or more during the immediately preceding year....$18,500.
2358	2.  Each annual application for renewal of a preneed
2359	license that is held by a monument establishment shall be
2360	accompanied by the appropriate fee determined by its total gross
2361	aggregate at-need and preneed retail sales for the 12-month
2362	period ending 2 full calendar months prior to the month in which
2363	the renewal is required, as follows:
2364	a.  Total sales of $1 to $50,000:  $1,000 renewal fee.
2365	b.  Total sales of $50,001 to $250,000:  $1,500 renewal
2366	fee.
2367	c.  Total sales of $250,001 to $500,000:  $2,000 renewal
2368	fee.
2369	d.  Total sales over $500,000:  $2,500 renewal fee.
2370	(d)  An application for renewal shall disclose the
2371	existence of all preneed contracts for service or merchandise
2372	funded by any method other than a method permitted by this
2373	chapter, which contracts are known to the applicant and were
2374	entered into by the applicant, or any other entity under common
2375	control with the applicant, during the annual license period
2376	then ending. Such disclosure shall include the name and address
2377	of the contract purchaser, the name and address of the
2378	institution where such funds are deposited, and the number used
2379	by the institution to identify the account.
2380	(e)  In addition to any other penalty that may be provided
2381	for under this chapter, there may be levied a late fee as
2382	determined by licensing authority rule but not to exceed $50 a
2383	day for each day the preneed licensee fails to file its annual
2384	statement, and there may be levied a late fee as determined by
2385	licensing authority rule but not to exceed $50 a day for each
2386	day the preneed licensee fails to file the statement of
2387	activities of the trust. Upon notice to the preneed licensee by
2388	the department that the preneed licensee has failed to file the
2389	annual statement or the statement of activities of the trust,
2390	the preneed licensee's authority to sell preneed contracts shall
2391	cease while such default continues.
2392	(6)  QUARTERLY PAYMENTS.--In addition to other amounts
2393	required to be paid by this section, each preneed licensee shall
2394	pay to the Regulatory Trust Fund an amount established by rule
2395	not to exceed $10 for each preneed contract entered into. This
2396	amount shall must be paid within 60 days after the end of each
2397	quarter. These funds shall must be used to defray the cost of
2398	administering the provisions of this chapter part.
2399	(7)  BRANCH OPERATIONS AND LICENSURE.--
2400	(a)  Any person or entity that is part of a common business
2401	enterprise that has a preneed license issued pursuant to this
2402	section and desires to operate under a name other than that of
2403	the common business enterprise, may submit an application on a
2404	form adopted by rule to become a branch licensee. The
2405	application shall be accompanied by an application fee as
2406	determined by licensing authority rule but not to exceed $300.
2407	(b)  Upon a determination that such branch applicant
2408	qualifies to sell preneed contracts under this part except for
2409	the requirements of paragraph (2)(c), and if the sponsoring
2410	preneed licensee under whose preneed license the branch
2411	applicant seeks branch status meets the requirements of such
2412	paragraph and is in compliance with all requirements of this
2413	part regarding its preneed license and operations thereunder, a
2414	branch license shall be issued.
2415	(c)  Branch licenses shall be renewed annually by payment
2416	of a renewal fee set by licensing authority rule and not to
2417	exceed $500 $300. Branch licenses may be renewed only so long as
2418	the preneed license of the sponsoring preneed licensee remains
2419	in good standing.
2420	(d)  Violations of this part by the branch shall be deemed
2421	to be violations of this part by its sponsoring preneed
2422	licensee, unless the licensing authority determines that
2423	extenuating circumstances indicate that it would be unjust to
2424	attribute the branch's misconduct to the sponsoring preneed
2425	licensee. Preneed sales of the branch shall be deemed to be
2426	sales of the sponsoring licensee for purposes of renewal fees
2427	and trust requirements under this chapter.
2428	(e)  The sponsoring preneed licensee shall be responsible
2429	for performance of preneed contracts entered into by its branch
2430	if the branch does not timely fulfill any such contract.
2431	(8)  ANNUAL TRUST REPORTS.--On or before April 1 of each
2432	year, the preneed licensee shall file in the form prescribed by
2433	rule a full and true statement as to the activities of any trust
2434	established by it pursuant to this part for the preceding
2435	calendar year.
2436	(9)  DEPOSIT OF FUNDS.--All sums collected under this
2437	section shall be deposited to the credit of the Regulatory Trust
2438	Fund.
2439	Section 36.  Subsection (6) of section 497.456, Florida
2440	Statutes, as renumbered and amended by section 105 of chapter
2441	2004-301, Laws of Florida, is amended to read:
2442	497.456  Preneed Funeral Contract Consumer Protection Trust
2443	Fund.--
2444	(6)  Upon the commencement of a delinquency proceeding
2445	pursuant to this chapter against a preneed licensee, the
2446	licensing authority may use up to 50 percent of the balance of
2447	the trust fund not already committed to a prior delinquency
2448	proceeding solely for the purpose of establishing a receivership
2449	and providing restitution to preneed contract purchasers and
2450	their estates due to a preneed licensee's failure to provide the
2451	benefits of a preneed contract or failure to refund the
2452	appropriate principal amount by reason of cancellation thereof.
2453	The balance of the trust fund shall be determined as of the date
2454	of the delinquency proceeding.
2455	Section 37.  Paragraph (h) of subsection (1) and subsection
2456	(4) of section 497.458, Florida Statutes, as renumbered and
2457	amended by section 107 of chapter 2004-301, Laws of Florida, are
2458	amended to read:
2459	497.458  Disposition of proceeds received on contracts.--
2460	(1)
2461	(h)  In no event may trust funds be loaned, directly or
2462	indirectly, to any of the following persons: the preneed
2463	licensee; any entity under any degree of common control with the
2464	preneed licensee; any employee, director, full or partial owner,
2465	or principal of the preneed licensee; or any person related by
2466	blood or marriage to any of those persons. In no event may trust
2467	funds, directly or indirectly, be invested in or with, or loaned
2468	to, any business or business venture in which any of the
2469	following persons have an interest: the preneed licensee; any
2470	entity under any degree of common control with the preneed
2471	licensee; any employee, director, full or partial owner, or
2472	principal of the preneed licensee; or any person related by
2473	blood or marriage to any of those persons. In no event may said
2474	funds be loaned to a preneed licensee, an affiliate of a preneed
2475	licensee, or any person directly or indirectly engaged in the
2476	burial, funeral home, or cemetery business.
2477	(4)(a)  Trust funds shall not be invested in or loaned to
2478	or for the benefit of any business venture in which the preneed
2479	licensee, its principals, or persons related by blood or
2480	marriage to the licensee or its principals, have a direct or
2481	indirect interest, without the prior approval of the licensing
2482	authority.
2483	(b)  Trust funds shall not be loaned to or for the benefit
2484	of the preneed licensee, its principals, or persons related by
2485	blood or marriage to the licensee or its principals, without the
2486	prior approval of the licensing authority.
2487	(c)  No approval of such loans or investments shall be
2488	given unless it be shown by clear and convincing evidence that
2489	such loan or investment would be in the interest of the preneed
2490	contract holders whose contracts are secured by the trust funds.
2491	(d)  The licensing authority may adopt rules exempting from
2492	the prohibition of paragraph (1)(h) this subsection, pursuant to
2493	criteria established in such rule, the investment of trust funds
2494	in investments, such as widely and publicly traded stocks and
2495	bonds, notwithstanding that the licensee, its principals, or
2496	persons related by blood or marriage to the licensee or its
2497	principals have an interest by investment in the same entity,
2498	where neither the licensee, its principals, or persons related
2499	by blood or marriage to the licensee or its principals have the
2500	ability to control the entity invested in, and it would be in
2501	the interest of the preneed contract holders whose contracts are
2502	secured by the trust funds to allow the investment.
2503	Section 38.  Section 497.466, Florida Statutes, as
2504	renumbered and amended by section 115 of chapter 2004-301, Laws
2505	of Florida, is amended to read:
2506	497.466  Preneed sales agents, license required;
2507	application procedures and criteria; appointment of agents;
2508	responsibility of preneed licensee.--
2509	(1)  GENERAL PROVISIONS APPLICABLE TO PRENEED SALES
2510	AGENTS.--
2511	(a)  All persons individuals who offer preneed contracts to
2512	the public, or who execute preneed contracts on behalf of a
2513	preneed licensee, including all persons individuals who offer,
2514	sell, or sign contracts for the preneed sale of burial rights,
2515	shall be licensed as preneed sales agents, pursuant to this
2516	section. Persons, unless such individuals are licensed as
2517	funeral directors pursuant to this chapter may engage in preneed
2518	sales for the preneed licensee with whom they are affiliated
2519	without preneed sales agent licensure or appointment under this
2520	section.
2521	(b)  All preneed sales agents and funeral directors acting
2522	as preneed sales agents must be employed by or under written
2523	contract with the preneed licensee that they are representing.
2524	(c)  A preneed licensee shall be responsible for the
2525	activities of all preneed sales agents and all funeral directors
2526	acting as preneed sales agents, who are affiliated with the
2527	preneed licensee and who perform any type of preneed-related
2528	activity on behalf of the preneed licensee. In addition to the
2529	preneed sales agents and funeral directors acting as preneed
2530	sales agents, each preneed licensee shall also be subject to
2531	discipline if its preneed sales agents or funeral directors
2532	acting as preneed sales agents violate any provision of this
2533	chapter.
2534	(d)  A preneed sales agent and a funeral director acting as
2535	a preneed sales agent shall be authorized to sell, offer, and
2536	execute preneed contracts on behalf of all entities owned or
2537	operated by its sponsoring preneed licensee.
2538	(e)  An individual may be licensed as a preneed sales agent
2539	on behalf of more than one preneed licensee, provided that the
2540	individual has received the written consent of all such preneed
2541	licensees and makes separate application under this section for
2542	each such agency.
2543	(f)  A sponsoring preneed licensee shall notify the
2544	department in writing within 30 days after the sponsored preneed
2545	sales agent's authority to represent that preneed licensee has
2546	terminated.
2547	(2)  PRENEED SALES AGENT LICENSE; APPLICATION PROCEDURES.--
2548	(a)  A person may hold only one preneed sales agent license
2549	at a time seeking licensure as a preneed sales agent shall apply
2550	for such licensure using forms prescribed by rule of the
2551	licensing authority.
2552	(b)  No preneed sales agent license shall be issued to a
2553	person under age 18.
2554	(c)  Persons desiring a preneed sales agent license shall
2555	apply to the department for such license. The application shall
2556	require the name, residence address, residence phone number if
2557	any, and date and place of birth of the preneed sales agent
2558	applicant. Applicants shall be at least 18 years of age. The
2559	application shall require identification of the name, address,
2560	and license number of the sponsoring preneed licensee. The
2561	application shall require the preneed sales agent applicant's
2562	social security number and the federal tax identification number
2563	of the sponsoring preneed licensee.
2564	(c)  The application shall require information as to the
2565	educational and employment history of the preneed sales agent
2566	applicant.
2567	(d)  The application shall require the preneed sales agent
2568	applicant to disclose any criminal record, as required by s.
2569	497.142 whether the preneed sales agent applicant has ever been
2570	convicted or found guilty of, or entered a plea of no contest
2571	to, regardless of adjudication, any crime in any jurisdiction.
2572	(e)  The application shall require the preneed sales agent
2573	applicant to disclose whether the preneed sales agent applicant
2574	has ever had a license or the authority to practice a profession
2575	or occupation refused, suspended, fined, denied, or otherwise
2576	acted against or disciplined by the licensing authority of any
2577	jurisdiction. A licensing authority's acceptance of a
2578	relinquishment of licensure, stipulation, consent order, or
2579	other settlement, offered in response to or in anticipation of
2580	the filing of charges against the license, shall be construed as
2581	action against the license.
2582	(f)  The application shall require identification by the
2583	preneed sales agent applicant of the preneed licensee whom the
2584	preneed sales agent applicant believes will initially appoint
2585	the preneed sales agent applicant if a preneed sales agent
2586	license is issued. The application shall require a
2587	representation by the sponsoring preneed licensee, that:
2588	1.  The sponsoring preneed licensee's license is in good
2589	standing.
2590	2.  Upon licensure as a preneed sales agent the sponsored
2591	preneed sales agent applicant will be authorized to offer, sell,
2592	and sign preneed contracts on behalf of the preneed licensee.
2593	3.  The preneed licensee has trained the applicant in the
2594	provisions of this chapter relating to preneed sales, the
2595	provisions of the preneed licensee's preneed contracts, and the
2596	nature of the merchandise, services, or burial rights sold by
2597	the preneed licensee.
2598	(g)  The application shall require the preneed sales agent
2599	applicant to indicate whether the applicant has any type of
2600	working relationship with any other preneed licensee or
2601	insurance company, and if yes, to identify such other preneed
2602	licensee or insurance company, as the case may be.
2603	(h)  The applicant shall be required to submit her or his
2604	fingerprints in accordance with part I of this chapter.
2605	(g)(i)  The application shall be signed by the applicant
2606	and by an officer or manager of the sponsoring preneed licensee.
2607	The licensing authority may accept electronic signatures.
2608	(h)(j)  The application shall be accompanied by a
2609	nonrefundable fee of $150 if made through the department's on-
2610	line licensing system or $175 if made using paper forms. Payment
2611	of either fee shall entitle the applicant to one initial
2612	appointment without payment of further fees by the preneed sales
2613	agent or the appointing preneed licensee if a preneed sales
2614	agent license is issued $100. The licensing authority may from
2615	time to time increase such fees fee but not to exceed $300 $200.
2616	(3)  ISSUANCE OF A TEMPORARY PRENEED SALES AGENT LICENSE
2617	ACTION CONCERNING APPLICATIONS; TEMPORARY AND REGULAR
2618	LICENSURE.--
2619	(a)  Upon receipt of a duly completed application and the
2620	required fee, a temporary preneed sales agent license shall be
2621	issued to the applicant if:
2622	1.  The applicant is at least 18 years of age.
2623	2.  The application indicates that the applicant has no
2624	disciplinary or criminal record and the department has no record
2625	indicating the applicant has any disciplinary or criminal
2626	record.
2627	3.  The applicant has never previously held a temporary
2628	preneed sales agent license that lapsed for failure to submit
2629	fingerprints as required by this section.
2630	(b)  A temporary preneed sales agent license shall be valid
2631	for only 120 days from the date issued and may not be renewed.
2632	(c)  An applicant for a preneed sales agent license who has
2633	previously been issued a temporary preneed sales agent license
2634	that for any reason expired without becoming permanent shall not
2635	thereafter be eligible for another temporary preneed sales agent
2636	license. Such person may apply again for a preneed sales agent
2637	license, but no license shall be issued until fingerprints are
2638	provided as required by s. 497.142, a report is received from
2639	the Department of Law Enforcement advising that the applicant
2640	has no criminal record, and the applicant is otherwise
2641	determined by the department and board to qualify for preneed
2642	sales agent licensure.
2643	(4)  CONVERSION OF TEMPORARY PRENEED SALES AGENT LICENSE TO
2644	PERMANENT PRENEED SALES AGENT LICENSE.--
2645	(a)  A temporary preneed sales agent licensee who desires
2646	to obtain a permanent preneed sales agent license shall, within
2647	90 days after issuance of the temporary preneed sales agent
2648	license, submit his or her fingerprints to the licensing
2649	authority for a criminal background check, in accordance with s.
2650	497.142. Unless the department determines prior to the
2651	expiration of the temporary preneed sales agent license that the
2652	temporary licensee has a criminal or disciplinary record, the
2653	temporary preneed sales agent license shall automatically be
2654	converted to a permanent preneed sales agent license.
2655	(b)  The department shall promptly give written notice to
2656	the temporary preneed sales agent licensee, and to all preneed
2657	licensees who have the temporary preneed sales agent under
2658	appointment, that such preneed sales agent's temporary license
2659	has been converted to a permanent license, or has lapsed, as the
2660	case may be.
2661	(5)  APPLICANTS WITH A CRIMINAL OR DISCIPLINARY RECORD.--
2662	(a)  A preneed sales agent applicant having a criminal or
2663	disciplinary record shall not be eligible for a temporary
2664	preneed sales agent license. No permanent preneed sales agent
2665	license shall be issued to any person with a criminal or
2666	disciplinary record, except upon approval of the board.
2667	(b)  If, while a temporary preneed sales agent license is
2668	in force, the department determines that the temporary licensee
2669	has a criminal or disciplinary record, the temporary license
2670	shall be immediately suspended and shall not automatically
2671	convert to a permanent preneed sales agent license. The
2672	department shall promptly give written notice of the suspension
2673	to the suspended licensee and to all preneed licensees who have
2674	the suspended preneed sales agent licensee under appointment.
2675	The suspended preneed sales agent licensee may, within 21 days
2676	after the date of suspension, petition the board under paragraph
2677	(c) for issuance of a permanent preneed sales agent license
2678	notwithstanding the criminal or disciplinary record. If no
2679	petition for board review is timely received by the department
2680	or board, the temporary preneed sales agent license shall be
2681	revoked.
2682	(c)  An applicant with a criminal or disciplinary record
2683	who desires a permanent preneed sales agent license shall
2684	petition the board for issuance of such license using forms and
2685	procedures as specified by rule. The board shall issue a
2686	permanent preneed sales agent license to an applicant with a
2687	criminal or disciplinary record if the board determines:
2688	1.  That there was no inaccuracy in the application for
2689	license such as indicates the applicant is untrustworthy.
2690	2.  That the applicant, if issued a preneed sales agent
2691	license, would not pose an unreasonable risk to members of the
2692	public who might deal with the applicant in preneed
2693	transactions.
2694	(d)  The board may issue a preneed sales agent license to
2695	an applicant with a criminal or disciplinary record on a
2696	probationary basis and subject to reasonable terms of probation
2697	not to exceed 24 months in duration.
2698	(6)  TERMINATION OF A PERMANENT PRENEED SALES AGENT LICENSE
2699	DUE TO LACK OF APPOINTMENTS.--A permanent preneed sales agent
2700	license shall remain in force without a requirement for renewal
2701	until such time as there have been no appointments of the
2702	preneed sales agent under the license for 48 consecutive months,
2703	at which time the permanent preneed sales agent license will
2704	terminate. The former preneed sales agent licensee may
2705	thereafter apply for issuance of a new preneed sales agent
2706	license under this section.
2707	(7)  APPOINTMENT OF PRENEED SALES AGENTS.--
2708	(a)  A preneed sales agent licensee may be appointed by as
2709	many preneed licensees as desire to appoint the preneed sales
2710	agent licensee. When a preneed sales agent licensee is appointed
2711	by a preneed licensee, the department shall promptly give
2712	written notice to all other preneed licensees then having that
2713	same preneed sales agent under appointment.
2714	(b)  A preneed licensee may appoint a preneed sales agent
2715	licensee by identifying to the department the preneed sales
2716	agent licensee to be appointed, requesting appointment, and
2717	paying the required appointment fee. The appointment request
2718	shall be signed by the preneed licensee. The department may
2719	accept electronic signatures.
2720	(c)  Appointments shall be effective when made and shall
2721	expire 24 months from the last day of the month in which the
2722	appointment was made unless earlier terminated by the preneed
2723	licensee or the preneed sales agent. No initial appointment of a
2724	preneed sales agent licensee may be made until 24 hours after a
2725	temporary preneed sales agent license is issued to that preneed
2726	sales agent. Appointments are effective only so long as the
2727	preneed sales agent licensee's license is in good standing.
2728	(d)  A preneed licensee is responsible for taking
2729	reasonable steps to ensure that the preneed sales agent
2730	licensees it appoints have adequate training regarding preneed
2731	sales.
2732	(e)  Appointments may be renewed for additional 24-month
2733	periods by notification by the preneed licensee to the
2734	department that the preneed licensee desires to renew the
2735	appointment, accompanied by payment by the preneed licensee of
2736	the appointment renewal fee.
2737	(f)  Initial and renewal appointment fees shall be
2738	nonrefundable and shall be $150 if made through the department's
2739	on-line licensing system and $175 if made using paper forms
2740	requiring manual processing by the department. The board may
2741	from time to time by rule increase said appointment fees but not
2742	to exceed $300.
2743	(g)1.  Appointments may be terminated at any time by the
2744	appointing preneed licensee or by the appointed preneed sales
2745	agent licensee.
2746	2.  Termination of appointment shall be accomplished by
2747	notice of termination conveyed to the department and signed by
2748	the person or entity requesting the termination. The department
2749	may accept electronic signatures. There shall be no fee for
2750	termination of appointment accomplished through the department's
2751	on-line licensing system; however, there shall be a fee of $25
2752	for terminations made using paper forms requiring manual
2753	processing by the department.
2754	3.  When an appointment is terminated, whether by the
2755	preneed licensee or the preneed sales agent licensee, the
2756	department shall promptly provide written confirmation of the
2757	termination to both the preneed sales agent licensee and the
2758	preneed licensee at their respective addresses of record with
2759	the department.
2760	4.  If a preneed licensee terminates the authority of a
2761	preneed sales agent license to sell for the preneed licensee,
2762	the preneed licensee shall, within 30 days after such
2763	termination, terminate the appointment as indicated in
2764	subparagraph 2.
2765	5.  If a preneed sales agent licensee terminates the
2766	preneed sales relationship with a preneed licensee, the preneed
2767	sales agent licensee shall, within 30 days after such
2768	termination, terminate the appointment as indicated in
2769	subparagraph 2.
2770	6.  If the license of a preneed sales agent is suspended or
2771	revoked pursuant to disciplinary action by the licensing
2772	authority against the preneed sales agent, the department shall
2773	promptly give written notice of such action to all preneed
2774	licensees then having that preneed sales agent under
2775	appointment.
2776	(8)  ADMINISTRATIVE MATTERS.--
2777	(a)  The licensing authority shall have rulemaking
2778	authority to prescribe forms and procedures for implementation
2779	of this section.
2780	(b)1.  All persons holding one or more preneed sales agent
2781	licenses in good standing under s. 497.439, as of 11:59 p.m. on
2782	September 30, 2005, shall be deemed as of October 1, 2005, to
2783	hold a permanent preneed sales agent license under this statute
2784	as effective on October 1, 2005.
2785	2.  All persons holding one or more preneed sales agent
2786	licenses in good standing under s. 497.439, as of 11:59 p.m. on
2787	September 30, 2005, shall be deemed as of October 1, 2005, to be
2788	appointed by each preneed licensee in regard to whom they hold a
2789	preneed sales agent license as of 11:59 p.m. on September 30,
2790	2005. Such appointments shall expire on the same date as the
2791	preneed sales agent license would have expired under the law in
2792	effect at 11:59 p.m. on September 30, 2005.
2793	(c)  As used in this section, "criminal record" means and
2794	includes only crimes required to be disclosed under s. 497.142.
2795	(d)  As used in this section, "disciplinary record" means
2796	and includes any instance wherein the applicant has ever had a
2797	license or the authority to practice a profession or occupation
2798	refused, suspended, fined, denied, or otherwise acted against or
2799	disciplined by the licensing authority of any jurisdiction. A
2800	licensing authority's acceptance of a relinquishment of
2801	licensure, stipulation, consent order, or other settlement,
2802	offered in response to or in anticipation of the filing of
2803	charges against the license, shall be construed as action
2804	against the license.
2805	(e)  A preneed licensee shall be responsible for the
2806	activities of all preneed sales agents, and all funeral
2807	directors acting as preneed sales agents, who are affiliated
2808	with the preneed licensee and who perform any type of preneed-
2809	related activity on behalf of the preneed licensee. In addition
2810	to the preneed sales agents and funeral directors acting as
2811	preneed sales agents, each preneed licensee shall also be
2812	subject to discipline if its preneed sales agents or funeral
2813	directors acting as preneed sales agents violate any provision
2814	of this chapter.
2815	(a)  An applicant shall be deemed to have been issued a
2816	temporary preneed sales agent license and may begin functioning
2817	as a preneed sales agent, immediately upon receipt by the
2818	department of a duly completed application for licensure under
2819	this section, if the application shows an applicant of at least
2820	18 years of age who has answered in the negative regarding
2821	paragraphs (2)(d) and (e) relating to prior criminal and
2822	disciplinary actions, and which application is accompanied by
2823	the required application fee. The temporary preneed sales agent
2824	license shall be valid for 90 days unless earlier suspended by
2825	the licensing authority for cause. If the application is
2826	approved by the board within the 90-day period, the temporary
2827	license shall be deemed converted to a regular biennial license
2828	which shall expire in accordance with the schedule established
2829	by the licensing authority by rule.
2830	(b)1.  A person who cannot truthfully answer in the
2831	negative regarding paragraphs (2)(d) and (e) relating to prior
2832	criminal and disciplinary actions, may apply to the licensing
2833	authority for issuance of a preneed sales agent license
2834	notwithstanding such criminal or disciplinary record. The
2835	licensing authority may by rule specify forms and procedures for
2836	use by such persons in applying for preneed sales agent
2837	licensure, to be used by such persons in lieu of the forms and
2838	procedures specified under paragraph (a). Licensure shall be
2839	granted unless the licensing authority reasonably determines
2840	that the prior criminal or disciplinary record indicates that
2841	the granting of licensure would pose unreasonable risk to the
2842	public.
2843	2.  To facilitate issuance of licenses concerning
2844	applicants with criminal or disciplinary records which the
2845	licensing authority judges to make the applicant borderline as
2846	to qualification for licensure, the licensing authority may
2847	issue a new license under this section on a probationary basis,
2848	subject to conditions specified by the licensing authority on a
2849	case-by-case basis, which conditions may impose special
2850	monitoring, reporting, and restrictions on operations for up to
2851	the first 24 months of licensure, to ensure the preneed sales
2852	agent licensee's integrity, trustworthiness, and compliance with
2853	this chapter. Provided, no such probationary license shall be
2854	issued unless the licensing authority determines that issuance
2855	would not pose an unreasonable risk to the public, and the
2856	licensing authority must within 24 months after issuance of the
2857	license either remove the probationary status or determine that
2858	the licensee is not qualified for licensure under this chapter
2859	and institute proceedings for revocation of licensure. The
2860	licensing authority may adopt rules prescribing criteria and
2861	procedures for issuance of such probationary licenses.
2862	(4)  RENEWAL OF LICENSES.--Nontemporary preneed sales agent
2863	licenses under this section shall be renewed biennially in
2864	accordance with a schedule, forms, and procedures established by
2865	rule. The nonrefundable biennial renewal fee shall be as
2866	determined by licensing authority rule but not to exceed $200.
2867	(5)  SIMPLIFIED PROCEDURES FOR SUBSEQUENT CHANGE OF
2868	SPONSORING LICENSEE.--The board may by rule establish simplified
2869	requirements and procedures under which any preneed sales agent,
2870	who within the 12 months preceding application under this
2871	subsection held in good standing a preneed sales agent license
2872	under this section, may obtain a preneed sales agent's license
2873	under this section to represent a different sponsoring preneed
2874	licensee. The simplified requirements shall dispense with the
2875	requirement for submission of fingerprints. The licensing
2876	authority may by rule prescribe forms to be used by applicants
2877	under this subsection, which forms may dispense with the
2878	requirement for any information not deemed by the licensing
2879	authority to be necessary to tracking the identity of the
2880	preneed licensee responsible for the activities of the preneed
2881	sales agent. No preneed sales agent licensee whose sales agent
2882	license issued by the board was revoked or suspended or
2883	otherwise terminated while in other than good standing, shall be
2884	eligible to use the simplified requirements and procedures. The
2885	issuance of a preneed sales agent license under this subsection
2886	shall not operate as a bar to any subsequent disciplinary action
2887	relating to grounds arising prior to obtaining the license under
2888	this subsection. There shall be a fee payable to the department
2889	under such simplified procedures, which fee shall be the same as
2890	the fee paid upon initial application for a preneed sales agent
2891	license, except that no fingerprint fee shall be required if
2892	such fingerprint fee is required for initial applications.
2893	Section 39.  Section 497.468, Florida Statutes, is created
2894	to read:
2895	497.468  Disclosure of information to the public.--A
2896	preneed licensee offering to provide burial rights, merchandise,
2897	or services to the public shall:
2898	(1)  Provide by telephone, upon request, accurate
2899	information regarding the retail prices of burial merchandise
2900	and services offered for sale by the licensee.
2901	(2)  Fully disclose all regularly offered services and
2902	merchandise prior to the customer's selection of burial services
2903	or merchandise. The full disclosure required shall identify the
2904	prices of all burial rights, services, and merchandise provided
2905	by the licensee.
2906	(3)  Not make any false or misleading statements of the
2907	legal requirement as to the necessity of a casket or outer
2908	burial container.
2909	(4)  Provide a good faith estimate of all fees and costs
2910	the customer will incur to use any burial rights, merchandise,
2911	or services purchased.
2912	(5)  Provide to the customer, upon the purchase of any
2913	burial right, merchandise, or service, a written contract the
2914	form of which has been approved by the licensing authority
2915	pursuant to procedures specified by rule. The written contract
2916	shall:
2917	(a)  Be completed as to all essential provisions prior to
2918	the signing of the contract by the customer.
2919	(b)  Provide an itemization of the amounts charged for all
2920	services, merchandise, and fees, which itemization shall be
2921	clearly and conspicuously segregated from everything else on the
2922	written contract.
2923	(c)  Provide a description of the merchandise covered by
2924	the contract to include, when applicable, model, manufacturer,
2925	and other relevant specifications.
2926	(6)  Provide the licensee's policy on cancellation and
2927	refunds to each customer.
2928	(7)  In a manner established by rule of the licensing
2929	authority, provide on the signature page of the written
2930	contract, clearly and conspicuously in boldfaced 10-point type
2931	or larger, the following:
2932	(a)  The words "purchase price."
2933	(b)  The amount to be trusted.
2934	(c)  The amount to be refunded upon contract cancellation.
2935	(d)  The amounts allocated to merchandise, services, and
2936	cash advances.
2937	(e)  The toll-free number of the department which is
2938	available for questions or complaints.
2939	(f)  A statement that the customer shall have 30 days from
2940	the date of execution of contract to cancel the contract and
2941	receive a total refund of all moneys paid for items not used.
2942	(8)  Effective October 1, 2006, display in its offices for
2943	free distribution to all potential customers, and provide to all
2944	customers at the time of sale, a brochure explaining how and by
2945	whom preneed sales are regulated, summarizing consumer rights
2946	under the law, and providing the name, address, and phone number
2947	of the department's consumer affairs division. The format and
2948	content of the brochure shall be as prescribed by rule. The
2949	licensing authority may cause the publication of such brochures
2950	and by rule require that preneed licensees purchase and make
2951	available such brochures as so published, in the licensee's
2952	offices, to all potential customers.
2953	(9)  Provide to each customer a complete description of any
2954	monument, marker, or memorialization to be placed at the
2955	gravesite pursuant to the preneed contract.
2956	Section 40.  Subsection (1) and paragraphs (c), (e), (f),
2957	and (h) of subsection (2) of section 497.550, Florida Statutes,
2958	as renumbered and amended by section 118 of chapter 2004-301,
2959	Laws of Florida, are amended, and paragraph (j) is added to said
2960	subsection, to read:
2961	497.550  Licensure of monument establishments required;
2962	procedures and criteria.--
2963	(1)  LICENSE REQUIRED.--No person shall conduct, maintain,
2964	manage, or operate a monument establishment in this state unless
2965	the monument establishment is licensed pursuant to this part.
2966	(a)  The two categories of monument establishment licensure
2967	available in this state are:
2968	1.  Monument builder.
2969	2.  Monument dealer.
2970	(b)  An applicant for licensure as a monument establishment
2971	shall designate on the application form the category of monument
2972	establishment licensure for which he or she is applying.
2973	(c)  Each monument establishment that is licensed under
2974	this chapter at 11:59 p.m. on September 30, 2005, is, on and
2975	after October 1, 2005, licensed as a monument dealer subject to
2976	the requirements of this chapter. A person who becomes licensed
2977	as a monument dealer by operation of this paragraph may apply to
2978	the board for licensure as a monument builder and, upon payment
2979	of applicable application fees and the granting of such
2980	application and licensure as a monument builder, such person's
2981	licensure as a monument dealer will expire.
2982	(d)  The requirements of this chapter apply to both
2983	monument dealers and monument builders, except as provided in
2984	this paragraph. Each monument establishment shall be a physical
2985	structure that is located at a specific street address, in
2986	compliance with zoning regulations of the appropriate local
2987	government, and not located on property that is exempt from
2988	taxation, but a monument dealer may not otherwise be required to
2989	comply with s. 497.552 or be subject to inspection under this
2990	chapter.
2991	(e)  A monument establishment that is not licensed under
2992	the monument-builder category is not eligible for a preneed
2993	sales license.
2994	(2)  APPLICATION PROCEDURES.--A person seeking licensure as
2995	a monument establishment shall apply for such licensure using
2996	forms prescribed by rule.
2997	(c)  The applicant shall be required to make disclosure of
2998	the applicant's criminal records, if any, as required by s.
2999	497.142. The application shall require the applicant to disclose
3000	whether the applicant or any of its principals have ever been
3001	convicted or found guilty of, or entered a plea of no contest
3002	to, regardless of adjudication, any crime in any jurisdiction.
3003	(e)  The applicant shall submit fingerprints in accordance
3004	with s. 497.142. The application shall require the applicant's
3005	principals to provide fingerprints in accordance with part I of
3006	this chapter.
3007	(f)  The applicant shall be a natural person at least 18
3008	years of age, a corporation, a partnership, or a limited
3009	liability company formed prior to January 1, 2005, which limited
3010	liability company already holds a license under this chapter.
3011	(h)  The application shall be signed in accordance with s.
3012	497.141(12) by the applicant if a natural person, or by the
3013	president of an applicant that is a corporation.
3014	(j)  Upon receipt of the application and application fee,
3015	the licensing authority shall inspect the proposed monument
3016	establishment facilities in accordance with rules of the
3017	licensing authority.
3018	Section 41.  Section 497.551, Florida Statutes, as created
3019	by chapter 2004-301, Laws of Florida, is amended to read:
3020	497.551  Renewal of monument establishment licensure.--
3021	(1)  A monument establishment license shall must be renewed
3022	biennially by the licensee.
3023	(2)  A monument establishment licensee that does not hold a
3024	preneed sales license as of 90 days prior to the date its
3025	monument establishment license renewal is due, shall renew its
3026	monument establishment license by payment of a renewal fee
3027	established by rule not to exceed $250.
3028	(3)  A monument establishment licensee which as of 90 days
3029	prior to its monument establishment license renewal date also
3030	holds a preneed sales license issued under this chapter, shall
3031	renew its monument establishment license by payment of a renewal
3032	fee determined by its total gross aggregate at-need and preneed
3033	retail sales for the 12-month period ending 2 full calendar
3034	months prior to the month in which the renewal is required, as
3035	follows:
3036	(a)  Total sales of $1 to $50,000, renewal fee $1,000.
3037	(b)  Total sales of $50,001 to $250,000, renewal fee
3038	$1,500.
3039	(c)  Total sales of $250,001 to $500,000, renewal fee
3040	$2,000.
3041	(d)  Total sales over $500,000, renewal fee $2,500.
3042	(3)(4)  Rules may be adopted providing procedures, forms,
3043	and uniform timeframes for monument establishment license
3044	renewals.
3045	Section 42.  Subsection (4) of section 497.552, Florida
3046	Statutes, as created by chapter 2004-301, Laws of Florida, is
3047	amended to read:
3048	497.552  Required facilities.--Effective January 1, 2006, a
3049	monument establishment shall at all times have and maintain a
3050	full-service place of business at a specific street address or
3051	location in Florida complying with the following requirements:
3052	(4)  It shall have facilities on site for inscribing
3053	monuments and equipment to deliver and install markers and
3054	monuments.
3055	Section 43.  Subsections (1) and (5) of section 497.553,
3056	Florida Statutes, as created by chapter 2004-301, Laws of
3057	Florida, are amended, and subsection (6) is added to said
3058	section, to read:
3059	497.553  Regulation of monument establishments.--
3060	(1)  The Department of Financial Services shall establish
3061	and implement an inspection program for all monument
3062	establishments in accordance with the requirements of this act.
3063	The board shall set by rule an annual inspection fee not to
3064	exceed $300, payable upon application for licensure and upon
3065	each renewal of such license.
3066	(5)  Commencing January 1, 2006, the failure of a monument
3067	establishment to deliver and install a purchased monument or
3068	marker by the date agreed in the sales agreement shall entitle
3069	the customer to a full refund of all amounts paid by the
3070	customer for the monument and its delivery and installation,
3071	unless the monument establishment has obtained a written
3072	agreement from the customer extending the delivery date. Such
3073	refund shall be made within 30 days after receipt by the
3074	monument establishment of the customer's written request for a
3075	refund. This subsection does not preclude the purchase and
3076	installation of a new monument from any other registered
3077	monument establishment or preneed sales licensee.
3078	(6)(a)  A change in ownership shall be promptly reported
3079	using forms and procedures specified by rule and may require the
3080	relicensure of the licensee, including reinspection and payment
3081	of applicable fees, as required by rule.
3082	(b)  A change in location shall be promptly reported to the
3083	licensing authority pursuant to procedures established by rule.
3084	Operations by the licensee at a new location may not commence
3085	until an inspection by the licensing authority of the
3086	facilities, pursuant to rules of the licensing authority, has
3087	been conducted and passed at the new location.
3088	Section 44.  Paragraph (b) of subsection (2) and subsection
3089	(4) of section 497.554, Florida Statutes, as created by chapter
3090	2004-301, Laws of Florida, are amended, and subsection (7) is
3091	added to said section, to read:
3092	497.554  Monument establishment sales representatives.--
3093	(2)  APPLICATION PROCEDURES.--Licensure as a monument
3094	establishment sales agent shall be by submission of an
3095	application for licensure to the department on a form prescribed
3096	by rule.
3097	(b)  The applicant shall be required to make disclosure of
3098	the applicant's criminal records, if any, as required by s.
3099	497.142. The applicant shall submit fingerprints in accordance
3100	with s. 497.142. The application shall require the applicant to
3101	disclose whether the applicant has ever been convicted or found
3102	guilty of, or entered a plea of no contest to, regardless of
3103	adjudication, any crime in any jurisdiction.
3104	(4)  RENEWAL; TERMINATION OF AUTHORITY.--
3105	(a)  A monument establishment sales agent license under
3106	this section shall be renewed upon payment of a fee determined
3107	by rule of the licensing authority but not to exceed $250. Once
3108	issued, a monument establishment sales agent license of an agent
3109	not licensed to make preneed sales shall remain in effect
3110	without renewal until surrendered, or the sponsoring monument
3111	establishment terminates the agent's authority to sell on behalf
3112	of that monument establishment, or the license is revoked or
3113	suspended by the licensing authority for cause.
3114	(b)  The monument establishment whose officer signed the
3115	sales agent application shall terminate that agent's authority
3116	to sell on behalf of that monument establishment, and the
3117	monument establishment in writing shall advise the licensing
3118	authority of such termination within 30 days after the
3119	termination.
3120	(7)  EFFECTIVE DATE.--The provisions of this section shall
3121	take effect October 1, 2006.
3122	Section 45.  Section 497.555, Florida Statutes, as created
3123	by chapter 2004-301, Laws of Florida, is amended to read:
3124	497.555  Required rules.--Rules shall be adopted
3125	establishing minimum standards for access to all cemeteries by
3126	licensed monument establishments for the purpose of delivering
3127	and installing markers and monuments. In all cases, cemeteries
3128	and monument establishments shall must comply with these minimum
3129	standards.
3130	Section 46.  Paragraphs (d) and (f) of subsection (2) of
3131	section 497.602, Florida Statutes, as renumbered and amended by
3132	section 127 of chapter 2004-301, Laws of Florida, are amended to
3133	read:
3134	497.602  Direct disposers, license required; licensing
3135	procedures and criteria; regulation.--
3136	(2)  APPLICATION PROCEDURES.--
3137	(d)  The applicant shall be required to make disclosure of
3138	the applicant's criminal records, if any, as required by s.
3139	497.142. The application shall require the applicant to disclose
3140	whether the applicant has ever been convicted or found guilty
3141	of, or entered a plea of no contest to, regardless of
3142	adjudication, any crime in any jurisdiction.
3143	(f)  The applicant shall submit fingerprints in accordance
3144	with s. 497.142. The application shall require the applicant to
3145	provide fingerprints in accordance with part I of this chapter.
3146	Section 47.  Subsection (1) of section 497.603, Florida
3147	Statutes, as renumbered and amended by section 128 of chapter
3148	2004-301, Laws of Florida, is amended to read:
3149	497.603  Direct disposers, renewal of license.--
3150	(1)  A direct disposer's license shall be renewed upon
3151	receipt of the renewal application and fee set by rule of the
3152	licensing authority but not to exceed $500 $250.
3153	Section 48.  Paragraphs (f), (h), and (j) of subsection
3154	(2), paragraphs (a) and (b) of subsection (3), and subsection
3155	(7) of section 497.604, Florida Statutes, as renumbered and
3156	amended by section 129 of chapter 2004-301, Laws of Florida, are
3157	amended, and paragraph (f) is added to subsection (9) of said
3158	section, to read:
3159	497.604  Direct disposal establishments, license required;
3160	licensing procedures and criteria; license renewal;
3161	regulation.--
3162	(2)  APPLICATION PROCEDURES.--
3163	(f)  The applicant shall be required to make disclosure of
3164	the applicant's criminal records, if any, as required by s.
3165	497.142. The application shall require the applicant to disclose
3166	whether the applicant or any of the applicant's principals
3167	including its proposed supervising licensee has ever been
3168	convicted or found guilty of, or entered a plea of no contest
3169	to, regardless of adjudication, any crime in any jurisdiction.
3170	(h)  The applicant shall submit fingerprints in accordance
3171	with s. 497.142. The application shall require the applicant and
3172	its principals to provide fingerprints in accordance with part I
3173	of this chapter.
3174	(j)  The application shall be signed in accordance with s.
3175	497.141(12) by the applicant if a natural person or by the
3176	president of an applicant that is not a natural person.
3177	(3)  ACTION CONCERNING APPLICATIONS.--A duly completed
3178	application for licensure under this section, accompanied by the
3179	required fee, shall be approved if the licensing authority
3180	determines that the following conditions are met:
3181	(a)  The applicant is a natural person at least 18 years of
3182	age, a corporation, a partnership, or a limited liability
3183	company formed prior to January 1, 2006, which limited liability
3184	company already holds a license under this chapter.
3185	(b)  The applicant does or will prior to commencing
3186	operations under the license comply with all requirements of
3187	this chapter relating to the license applied for. The applicant
3188	shall have passed an inspection prior to issuance of a license
3189	under this section, in accordance with rules of the licensing
3190	authority.
3191	(7)  CHANGES SUBSEQUENT TO LICENSURE.--Each licensee under
3192	this section shall must provide notice as required by rule prior
3193	to any change in location or control of the licensee or licensed
3194	person in charge of the licensee's operations. A Any such change
3195	in control is subject to approval by the licensing authority and
3196	disapproval or to reasonable conditions imposed by the licensing
3197	authority, for the protection of the public to ensure compliance
3198	with this chapter. Operations by the licensee at a new location
3199	may not commence until an inspection by the licensing authority
3200	of the facilities at the new location, pursuant to rules of the
3201	licensing authority, has been conducted and passed.
3202	(9)  REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.--
3203	(f)  A direct disposal establishment shall retain all
3204	signed contracts for a period of at least 2 years.
3205	Section 49.  Paragraphs (f), (h), and (j) of subsection
3206	(2), paragraph (b) of subsection (3), subsection (7), and
3207	paragraphs (i), (j), and (k) of subsection (9) of section
3208	497.606, Florida Statutes, as renumbered and amended by section
3209	131 of chapter 2004-301, Laws of Florida, are amended to read:
3210	497.606  Cinerator facility, licensure required; licensing
3211	procedures and criteria; license renewal; regulation.--
3212	(2)  APPLICATION PROCEDURES.--
3213	(f)  The applicant shall be required to make disclosure of
3214	the applicant's criminal records, if any, as required by s.
3215	497.142. The application shall require the applicant to disclose
3216	whether the applicant or any of the applicant's principals
3217	including its proposed supervising licensee has ever been
3218	convicted or found guilty of, or entered a plea of no contest
3219	to, regardless of adjudication, any crime in any jurisdiction.
3220	(h)  The applicant shall submit fingerprints in accordance
3221	with s. 497.142. The application shall require the applicant and
3222	its principals to provide fingerprints in accordance with part I
3223	of this chapter.
3224	(j)  The application shall be signed in accordance with s.
3225	497.141(12) by the applicant if a natural person or by the
3226	president of an applicant that is not a natural person.
3227	(3)  ACTION CONCERNING APPLICATIONS.--A duly completed
3228	application for licensure under this section, accompanied by the
3229	required fee, shall be approved if the licensing authority
3230	determines that the following conditions are met:
3231	(b)  The applicant is a natural person at least 18 years of
3232	age, a corporation, a partnership, or a limited liability
3233	company formed prior to January 1, 2006, which limited liability
3234	company already holds a license under this chapter.
3235	(7)  CHANGES SUBSEQUENT TO LICENSURE.--Each licensee under
3236	this section shall must provide notice as required by rule prior
3237	to any change in location or, control of the licensee, or
3238	licensed person in charge of the licensee's operations. A Any
3239	such change in control is subject to approval by the licensing
3240	authority and disapproval or to reasonable conditions imposed by
3241	the licensing authority, for the protection of the public to
3242	ensure compliance with this chapter. Operations by the licensee
3243	at a new location may not commence until an inspection by the
3244	licensing authority of the facilities, pursuant to rules of the
3245	licensing authority, has been conducted and passed at the new
3246	location.
3247	(9)  REGULATION OF CINERATOR FACILITIES.--
3248	(i)  There shall be adopted by rule criteria for acceptable
3249	cremation and alternative containers.
3250	(i)(j)  There shall be rules adopted requiring each
3251	facility to submit periodic reports to the department that which
3252	include the names of persons cremated, the date and county of
3253	death, the name of each person supervising each cremation, the
3254	name and license number of the establishment requesting
3255	cremation, and the types of containers used to hold the body
3256	during cremation.
3257	(j)(k)  Each cinerator facility shall must be inspected
3258	prior to the initial issuance and renewal of its license and
3259	annually thereafter and shall:
3260	1.  Maintain one or more retorts for the reduction of dead
3261	human bodies.
3262	2.  Maintain refrigeration that satisfies the standards set
3263	by the Department of Health and contains a sufficient
3264	refrigerated space number of shelves for the average daily
3265	number of bodies stored, if unembalmed bodies are kept at the
3266	site.
3267	3.  Maintain sufficient pollution control equipment to
3268	comply with requirements of the Department of Environmental
3269	Protection in order to secure annual approved certification.
3270	4.  Either have on site or immediately available sufficient
3271	gasketed sealed containers of a type required for the
3272	transportation of bodies as specified in applicable state rules.
3273	5.  Maintain the premises in a clean and sanitary
3274	condition.
3275	6.  Have appropriate Department of Environmental Protection
3276	permits.
3277	7.  Retain all signed contracts for a period of at least 2
3278	years.
3279	Section 50.  Subsection (3) of section 497.607, Florida
3280	Statutes, as renumbered and amended by section 132 of chapter
3281	2004-301, Laws of Florida, is amended, and subsection (4) is
3282	added to said section, to read:
3283	497.607  Cremation; procedure required.--
3284	(3)  Pursuant to the request of a legally authorized person
3285	and incidental to final disposition, cremation may be performed
3286	on parts of human remains. This subsection does not authorize
3287	the cremation of body parts as defined in s. 497.005.
3288	(4)  In regard to human remains delivered to the control of
3289	the anatomical board of this state headquartered at the
3290	University of Florida Health Science Center, the provisions of
3291	this subsection and chapter shall not be construed to prohibit
3292	the anatomical board from causing the final disposition of such
3293	human remains through cremation or otherwise when performed in
3294	facilities owned and operated by such anatomical board or the
3295	University of Florida Health Science Center pursuant to and
3296	using such processes, equipment, and procedures as said
3297	anatomical board determines to be proper and adequate.
3298	Section 51.  Section 152 of chapter 2004-301, Laws of
3299	Florida, is amended to read:
3300	Section 152.  (1)  The rules of the Board of Funeral
3301	Directors and Embalmers and of the Department of Business and
3302	Professional Regulation relating to the Board of Funeral
3303	Directors and Embalmers or implementation of chapter 470,
3304	Florida Statutes, that which were in effect at 11:59 p.m. on the
3305	day prior to this act taking effect shall become, on the
3306	subjects they address, the rules of the Department of Financial
3307	Services and the Board of Funeral, Cemetery, and Consumer
3308	Services and shall remain in effect until amended or repealed in
3309	the manner provided by law.
3310	(2)  The rules of the Board of Funeral and Cemetery
3311	Services that which were in effect at 11:59 p.m. on the day
3312	prior to this act taking effect shall become, on the subjects
3313	they address, the rules of the Department of Financial Services
3314	and the Board of Funeral, Cemetery, and Consumer Services and
3315	shall remain in effect until specifically amended or repealed in
3316	the manner provided by law.
3317	(3)  The rules of the Department of Financial Services
3318	relating to chapter 497, Florida Statutes, that which were in
3319	effect at 11:59 p.m. on the day prior to this act taking effect
3320	shall continue in force until thereafter repealed or amended
3321	pursuant to chapter 120, Florida Statutes, and this act.
3322	Section 52.  Subsection (3) of section 626.785, Florida
3323	Statutes, is amended to read:
3324	626.785  Qualifications for license.--
3325	(3)  Notwithstanding any other provisions of this chapter,
3326	a funeral director, a direct disposer, or an employee of a
3327	funeral establishment that which holds a certificate of
3328	authority pursuant to s. 497.452 497.405 may obtain an agent's
3329	license to sell only policies of life insurance covering the
3330	expense of a prearrangement for funeral services or merchandise
3331	so as to provide funds at the time the services and merchandise
3332	are needed. The face amount of insurance covered by any such
3333	policy shall not exceed $12,500, plus an annual percentage
3334	increase based on the Annual Consumer Price Index compiled by
3335	the United States Department of Labor, beginning with the Annual
3336	Consumer Price Index announced by the United States Department
3337	of Labor for 2003 $7,500.
3338	Section 53.  Sections 497.275, 497.388, and 497.556,
3339	Florida Statutes, are repealed.
3340	Section 54.  This act shall take effect October 1, 2005.

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