HB 1177

1	A bill to be entitled
2	An act relating to funeral and cemetery industry
3	regulation; amending s. 497.101, F.S.; conforming a
4	reference; amending s. 497.141, F.S.; prohibiting certain
5	persons from conducting, maintaining, managing, owning, or
6	operating licensees under ch. 479; providing an exception;
7	amending s. 497.143, F.S.; revising regulation and
8	practice of limited licensees; amending s. 497.162, F.S.;
9	requiring certain employees to periodically complete a
10	course on communicable diseases; amending s. 497.260,
11	F.S.; requiring that a provision relating to the
12	installation of monuments applies to all cemeteries in the
13	state; amending s. 497.271, F.S.; requiring that certain
14	mausoleums contain pressure relief ventilation; amending
15	s. 497.367, F.S.; revising the frequency with which
16	licensed funeral directors and embalmers are required to
17	complete a continuing education course on HIV and AIDS;
18	amending s. 497.374, F.S.; revising qualifications for
19	licensure by endorsement for funeral directors; amending
20	s. 497.550, F.S.; replacing the term "monument dealer"
21	with "monument retailer"; creating s. 497.609, F.S.;
22	providing freedom from liability for direct disposers,
23	direct disposal establishments, funeral directors, funeral
24	establishments, and cinerator facilities performing
25	cremation under certain circumstances; amending s. 553.36,
26	F.S.; providing definitions; amending s. 553.73, F.S.;
27	providing exceptions to the Florida Building Code relating
28	to columbaria and mausoleums; amending ss. 316.515 and
29	627.702, F.S.; conforming cross-references; providing an
30	effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Subsection (3) of section 497.101, Florida
35	Statutes, is amended to read:
36	497.101  Board of Funeral, Cemetery, and Consumer Services;
37	membership; appointment; terms.--
38	(3)  Board members shall be appointed for terms of 4 years,
39	and the State Health Officer shall serve as long as that person
40	holds that office. The designee of the State Health Officer
41	shall serve at the pleasure of the Governor. When the terms of
42	the initial board members expire, the Chief Financial Officer
43	shall stagger the terms of the successor members as follows: one
44	funeral director, one cemetery representative, the monument
45	retailer dealer, and one consumer member shall be appointed for
46	terms of 2 years, and the remaining members shall be appointed
47	for terms of 4 years. All subsequent terms shall be for 4 years.
48	Section 2.  Paragraphs (e), (f), and (g) of subsection (12)
49	of section 497.141, Florida Statutes, are redesignated as
50	paragraphs (f), (g), and (h), respectively, and a new paragraph
51	(e) is added to that subsection, to read:
52	497.141  Licensing; general application procedures.--
53	(12)
54	(e)1.  It is unlawful for any person regulated under
55	chapter 395, chapter 400, or chapter 429, or any officer,
56	administrator, or board member of such entity if the entity is a
57	firm, corporation, partnership, or association, or any person
58	owning 5 percent or more of such entity to conduct, maintain,
59	manage, own, or operate a licensee under this chapter.
60	2.  This paragraph does not apply to a board member of a
61	corporation or organization regulated under chapter 395, chapter
62	400, or chapter 429, if the board member serves solely in a
63	voluntary capacity, does not regularly take part in the day-to-
64	day operational decisions of the corporation or organization,
65	receives no remuneration for his or her services, and has no
66	financial interest and has no family members with a financial
67	interest in the corporation or organization.
68	Section 3.  Section 497.143, Florida Statutes, is amended
69	to read:
70	497.143  Licensing; limited licenses for retired
71	professionals.--
72	(1)  It is the intent of the Legislature that, absent a
73	threat to the health, safety, and welfare of the public, the use
74	of retired professionals in good standing to serve the indigent,
75	underserved, or critical need populations of this state during
76	times of critical need should be encouraged. To that end, rules
77	may be adopted to permit practice by retired professionals as
78	limited licensees under this section.
79	(2)  For purposes of this section, the term "critical need"
80	means:
81	(a)  An executive order from the Governor declaring a state
82	of emergency in an area;
83	(b)  A request from the director of the Division of
84	Emergency Management, as state coordinating officer for the
85	state's comprehensive emergency management plan;
86	(c)  A request from the Florida Emergency Mortuary
87	Operations Response System sponsored by the University of
88	Florida in collaboration with the Maples Center for Forensic
89	Medicine;
90	(d)  A request from any district medical examiner; or
91	(e)  Activation of a state continuity of operations plan.
92	(3)(2)  Any person desiring to obtain a limited license,
93	when permitted by rule, shall submit to the department an
94	application and fee, not to exceed $300, and an affidavit
95	stating that the applicant has been licensed to practice in any
96	jurisdiction in the United States for at least 10 years in the
97	profession for which the applicant seeks a limited license. The
98	affidavit shall also state that the applicant has retired or
99	intends to retire from the practice of that profession and
100	intends to practice only pursuant to the restrictions of the
101	limited license granted pursuant to this section. If the
102	applicant for a limited license submits a notarized statement
103	from the employer stating that the applicant will not receive
104	monetary compensation for any service involving the practice of
105	her or his profession, the application and all licensure fees
106	shall be waived. In no event may a person holding a limited
107	license under this section engage in preneed sales under such
108	limited license.
109	(4)(3)  Limited licensure may be denied to an applicant who
110	has committed, or is under investigation or prosecution for, any
111	act which would constitute the basis for discipline under this
112	chapter.
113	(5)(4)  The recipient of a limited license may practice
114	only in the employ of public agencies or institutions or
115	nonprofit agencies or institutions which meet the requirements
116	of 26 U.S.C. 501(c)(3) of the Internal Revenue Code and which
117	provide professional liability coverage for acts or omissions of
118	the limited licensee. A limited licensee may provide services
119	only during times of to the indigent, underserved, or critical
120	need populations within the state. The standard for determining
121	indigency shall be that recognized by the Federal Poverty Income
122	Guidelines produced by the United States Department of Health
123	and Human Services. Rules may be adopted to define underserved
124	and critical need areas and to ensure implementation of this
125	section.
126	(6)(5)  The department may provide by rule for supervision
127	of limited licensees to protect the health, safety, and welfare
128	of the public.
129	(7)(6)  Each applicant granted a limited license is subject
130	to all the provisions of this chapter under which the limited
131	license is issued which are not in conflict with this section.
132	(8)  All limited licensees shall work for an entity
133	licensed under this chapter.
134	Section 4.  Section 497.162, Florida Statutes, is amended
135	to read:
136	497.162  Health and safety education.--All individuals not
137	licensed under this chapter who intend to be employed as
138	operational personnel affiliated with a direct disposal
139	establishment, cinerator facility, removal service,
140	refrigeration facility, or centralized embalming facility, as
141	well as all nonlicensed individuals who intend to be involved in
142	the removal or transportation of human remains on behalf of a
143	funeral establishment, direct disposal establishment, or
144	cinerator facility, and once every 6 years each person who is
145	not licensed under this chapter who is employed by an entity
146	licensed under this chapter shall complete one course approved
147	by the licensing authority on communicable diseases, within 10
148	days after the date that they begin functioning as operational
149	personnel on behalf of any entity that is regulated by this
150	chapter. The course shall not exceed 3 hours and shall be
151	offered at approved locations throughout the state. Such
152	locations may include establishments that are licensed under
153	this chapter. The licensing authority shall adopt rules to
154	implement and enforce this provision, which rules shall include
155	provisions that provide for the use of approved videocassette
156	courses and other types of audio, video, or home study courses
157	to fulfill the continuing education requirements of this
158	section.
159	Section 5.  Subsection (2) of section 497.260, Florida
160	Statutes, is amended to read:
161	497.260  Cemeteries; exemption; investigation and
162	mediation.--
163	(2)  Section 497.276(1) as to burial records, and ss.
164	497.152(1)(d), 497.164, 497.2765, 497.278, 497.280, and 497.284
165	apply to all cemeteries in this state.
166	Section 6.  Paragraph (c) of subsection (2) of section
167	497.271, Florida Statutes, is amended to read:
168	497.271  Standards for construction and significant
169	alteration or renovation of mausoleums and columbaria.--
170	(2)  The licensing authority shall adopt, by no later than
171	July 1, 1999, rules establishing minimum standards for all newly
172	constructed and significantly altered or renovated mausoleums
173	and columbaria; however, in the case of significant alterations
174	or renovations to existing structures, the rules shall apply
175	only, when physically feasible, to the newly altered or
176	renovated portion of such structures, except as specified in
177	subsection (4). In developing and adopting such rules, the
178	licensing authority may define different classes of structures
179	or construction standards, and may provide for different rules
180	to apply to each of said classes, if the designation of classes
181	and the application of different rules is in the public interest
182	and is supported by findings by the licensing authority based on
183	evidence of industry practices, economic and physical
184	feasibility, location, or intended uses; provided, that the
185	rules shall provide minimum standards applicable to all
186	construction. For example, and without limiting the generality
187	of the foregoing, the licensing authority may determine that a
188	small single-story ground level mausoleum does not require the
189	same level of construction standards that a large multistory
190	mausoleum might require; or that a mausoleum located in a low-
191	lying area subject to frequent flooding or hurricane threats
192	might require different standards than one located on high
193	ground in an area not subject to frequent severe weather
194	threats. The licensing authority shall develop the rules in
195	cooperation with, and with technical assistance from, the
196	Florida Building Commission of the Department of Community
197	Affairs, to ensure that the rules are in the proper form and
198	content to be included as part of the State Minimum Building
199	Codes under part VII of chapter 553. If the Florida Building
200	Commission advises that some of the standards proposed by the
201	licensing authority are not appropriate for inclusion in such
202	building codes, the licensing authority may choose to include
203	those standards in a distinct chapter of its rules entitled
204	"Non-Building-Code Standards for Mausoleums" or "Additional
205	Standards for Mausoleums," or other terminology to that effect.
206	If the licensing authority elects to divide the standards into
207	two or more chapters, all such rules shall be binding on
208	licensees and others subject to the jurisdiction of the
209	licensing authority, but only the chapter containing provisions
210	appropriate for building codes shall be transmitted to the
211	Florida Building Commission pursuant to subsection (3). Such
212	rules may be in the form of standards for design and
213	construction; methods, materials, and specifications for
214	construction; or other mechanisms. Such rules shall encompass,
215	at a minimum, the following standards:
216	(c)  Such structure must contain adequate provision for
217	drainage and ventilation. Private or family mausoleums with all
218	crypts bordering an exterior wall must contain pressure relief
219	ventilation from the crypts to the outside of the mausoleum
220	through the exterior wall.
221	Section 7.  Subsection (1) of section 497.367, Florida
222	Statutes, is amended to read:
223	497.367  Instruction on HIV and AIDS, funeral directors and
224	embalmers.--
225	(1)  Each person licensed as a funeral director or embalmer
226	under this chapter shall be required to complete an approved
227	continuing educational course on human immunodeficiency virus
228	and acquired immune deficiency syndrome as a prerequisite for
229	every third biennial licensure renewal at least every 2 years.
230	The course shall consist of education on the modes of
231	transmission, infection control procedures, clinical management,
232	and prevention of human immunodeficiency virus and acquired
233	immune deficiency syndrome. Such course shall include
234	information on current Florida law on acquired immune deficiency
235	syndrome and its impact on testing, confidentiality of test
236	results, and treatment of patients.
237	Section 8.  Paragraph (b) of subsection (1) of section
238	497.374, Florida Statutes, is amended to read:
239	497.374  Funeral directing; licensure as a funeral director
240	by endorsement; licensure of a temporary funeral director.--
241	(1)  The licensing authority shall issue a license by
242	endorsement to practice funeral directing to an applicant who
243	has remitted a fee set by rule of the licensing authority not to
244	exceed $200 and who:
245	(b)1.  Holds a valid license to practice funeral directing
246	in another state of the United States, provided that, when the
247	applicant secured her or his original license, the requirements
248	for licensure were substantially equivalent to or more stringent
249	than those existing in this state; or
250	2.  Meets the qualifications for licensure in s. 497.373
251	and has, within 10 years prior to the date of application,
252	successfully completed a state, regional, or national
253	examination in mortuary science, which, as determined by rule of
254	the licensing authority, is substantially equivalent to or more
255	stringent than the examination given by the licensing authority.
256	Section 9.  Subsection (1) of section 497.550, Florida
257	Statutes, is amended to read:
258	497.550  Licensure of monument establishments required;
259	procedures and criteria.--
260	(1)  LICENSE REQUIRED.--No person shall conduct, maintain,
261	manage, or operate a monument establishment in this state unless
262	the monument establishment is licensed pursuant to this part.
263	(a)  The two categories of monument establishment licensure
264	available in this state are:
265	1.  Monument builder.
266	2.  Monument retailer dealer.
267	(b)  An applicant for licensure as a monument establishment
268	shall designate on the application form the category of monument
269	establishment licensure for which he or she is applying.
270	(c)  Each monument establishment that is licensed under
271	this chapter at 11:59 p.m. on September 30, 2005, is, on and
272	after October 1, 2005, licensed as a monument retailer dealer
273	subject to the requirements of this chapter. A person who
274	becomes licensed as a monument retailer dealer by operation of
275	this paragraph may apply to the board for licensure as a
276	monument builder and, upon payment of applicable application
277	fees and the granting of such application and licensure as a
278	monument builder, such person's licensure as a monument retailer
279	dealer will expire.
280	(d)  The requirements of this chapter apply to both
281	monument retailers dealers and monument builders, except as
282	provided in this paragraph. Each monument establishment shall be
283	a physical structure that is located at a specific street
284	address, in compliance with zoning regulations of the
285	appropriate local government, and not located on property that
286	is exempt from taxation, but a monument retailer dealer may not
287	otherwise be required to comply with s. 497.552 or be subject to
288	inspection under this chapter.
289	(e)  A monument establishment that is not licensed under
290	the monument-builder category is not eligible for a preneed
291	sales license.
292	Section 10.  Section 497.609, Florida Statutes, is created
293	to read:
294	497.609  Liability of direct disposers, direct disposal
295	establishments, funeral directors, funeral establishments, and
296	cinerator facilities regarding cremation.--If a direct disposer,
297	direct disposal establishment, funeral director, funeral
298	establishment, or cinerator facility is given a copy of the
299	deceased's declaration of intent to be cremated that is signed
300	by the deceased and the deceased's human remains are
301	subsequently cremated, or a court order directing the cremation
302	of the deceased's human remains, no person may make a claim
303	objecting to the cremation against that direct disposer, direct
304	disposal establishment, funeral director, funeral establishment,
305	or cinerator facility. If a direct disposer, direct disposal
306	establishment, funeral director, funeral establishment, or
307	cinerator facility performs a cremation pursuant to the
308	authorization of a legally authorized person who represents that
309	she or he is not aware of any objection to the cremation of the
310	deceased's human remains by others in the same class of the
311	person making the representation or of any person in a higher
312	priority class, and the deceased's human remains are
313	subsequently cremated, no person may make a claim objecting to
314	the cremation against that direct disposer, direct disposal
315	establishment, funeral director, funeral establishment, or
316	cinerator facility.
317	Section 11.  Subsections (5) through (14) of section
318	553.36, Florida Statutes, are renumbered as subsections (6)
319	through (15), respectively, present subsections (15) and (16)
320	are renumbered as subsections (17) and (18), respectively, and
321	new subsections (5) and (16) are added to that section, to read:
322	553.36  Definitions.--The definitions contained in this
323	section govern the construction of this part unless the context
324	otherwise requires.
325	(5)  "Columbarium" means a structure or building that is
326	substantially exposed above the ground and that is intended to
327	be used for the inurnment of cremated remains.
328	(16)  "Private mausoleum" means a mausoleum as defined in
329	s. 497.005(40) for the private use of a family or group of
330	family members.
331	Section 12.  Paragraphs (j) and (k) are added to subsection
332	(9) of section 553.73, Florida Statutes, to read:
333	553.73  Florida Building Code.--
334	(9)  The following buildings, structures, and facilities
335	are exempt from the Florida Building Code as provided by law,
336	and any further exemptions shall be as determined by the
337	Legislature and provided by law:
338	(j)  Prefabricated or pre-assembled columbaria.
339	(k)  Prefabricated or pre-assembled private mausoleums that
340	are not walk-in.
341
342	With the exception of paragraphs (a), (b), (c), and (f), in
343	order to preserve the health, safety, and welfare of the public,
344	the Florida Building Commission may, by rule adopted pursuant to
345	chapter 120, provide for exceptions to the broad categories of
346	buildings exempted in this section, including exceptions for
347	application of specific sections of the code or standards
348	adopted therein. The Department of Agriculture and Consumer
349	Services shall have exclusive authority to adopt by rule,
350	pursuant to chapter 120, exceptions to nonresidential farm
351	buildings exempted in paragraph (c) when reasonably necessary to
352	preserve public health, safety, and welfare. The exceptions must
353	be based upon specific criteria, such as under-roof floor area,
354	aggregate electrical service capacity, HVAC system capacity, or
355	other building requirements. Further, the commission may
356	recommend to the Legislature additional categories of buildings,
357	structures, or facilities which should be exempted from the
358	Florida Building Code, to be provided by law.
359	Section 13.  Subsection (14) of section 316.515, Florida
360	Statutes, is amended to read:
361	316.515  Maximum width, height, length.--
362	(14)  MANUFACTURED BUILDINGS.--The Department of
363	Transportation may, in its discretion and upon application and
364	good cause shown therefor that the same is not contrary to the
365	public interest, issue a special permit for truck tractor-
366	semitrailer combinations where the total number of overwidth
367	deliveries of manufactured buildings, as defined in s.
368	553.36(13)(12), may be reduced by permitting the use of an
369	overlength trailer of no more than 54 feet.
370	Section 14.  Paragraph (a) of subsection (1) and subsection
371	(5) of section 627.702, Florida Statutes, are amended to read:
372	627.702  Valued policy law.--
373	(1)(a)  In the event of the total loss of any building,
374	structure, mobile home as defined in s. 320.01(2), or
375	manufactured building as defined in s. 553.36(13)(12), located
376	in this state and insured by any insurer as to a covered peril,
377	in the absence of any change increasing the risk without the
378	insurer's consent and in the absence of fraudulent or criminal
379	fault on the part of the insured or one acting in her or his
380	behalf, the insurer's liability under the policy for such total
381	loss, if caused by a covered peril, shall be in the amount of
382	money for which such property was so insured as specified in the
383	policy and for which a premium has been charged and paid.
384	(5)  This section does not apply as to personal property or
385	any interest therein, except with respect to mobile homes as
386	defined in s. 320.01(2) or manufactured buildings as defined in
387	s. 553.36(13)(12). Nor does this section apply to coverage of an
388	appurtenant structure or other structure or any coverage or
389	claim in which the dollar amount of coverage available as to the
390	structure involved is not directly stated in the policy as a
391	dollar amount specifically applicable to that particular
392	structure.
393	Section 15.  This act shall take effect July 1, 2007.

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