HB 1177

1
A bill to be entitled
2An act relating to funeral and cemetery industry
3regulation; amending s. 497.101, F.S.; conforming a
4reference; amending s. 497.141, F.S.; prohibiting certain
5persons from conducting, maintaining, managing, owning, or
6operating licensees under ch. 479; providing an exception;
7amending s. 497.143, F.S.; revising regulation and
8practice of limited licensees; amending s. 497.162, F.S.;
9requiring certain employees to periodically complete a
10course on communicable diseases; amending s. 497.260,
11F.S.; requiring that a provision relating to the
12installation of monuments applies to all cemeteries in the
13state; amending s. 497.271, F.S.; requiring that certain
14mausoleums contain pressure relief ventilation; amending
15s. 497.367, F.S.; revising the frequency with which
16licensed funeral directors and embalmers are required to
17complete a continuing education course on HIV and AIDS;
18amending s. 497.374, F.S.; revising qualifications for
19licensure by endorsement for funeral directors; amending
20s. 497.550, F.S.; replacing the term "monument dealer"
21with "monument retailer"; creating s. 497.609, F.S.;
22providing freedom from liability for direct disposers,
23direct disposal establishments, funeral directors, funeral
24establishments, and cinerator facilities performing
25cremation under certain circumstances; amending s. 553.36,
26F.S.; providing definitions; amending s. 553.73, F.S.;
27providing exceptions to the Florida Building Code relating
28to columbaria and mausoleums; amending ss. 316.515 and
29627.702, F.S.; conforming cross-references; providing an
30effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Subsection (3) of section 497.101, Florida
35Statutes, is amended to read:
36     497.101  Board of Funeral, Cemetery, and Consumer Services;
37membership; appointment; terms.--
38     (3)  Board members shall be appointed for terms of 4 years,
39and the State Health Officer shall serve as long as that person
40holds that office. The designee of the State Health Officer
41shall serve at the pleasure of the Governor. When the terms of
42the initial board members expire, the Chief Financial Officer
43shall stagger the terms of the successor members as follows: one
44funeral director, one cemetery representative, the monument
45retailer dealer, and one consumer member shall be appointed for
46terms of 2 years, and the remaining members shall be appointed
47for terms of 4 years. All subsequent terms shall be for 4 years.
48     Section 2.  Paragraphs (e), (f), and (g) of subsection (12)
49of section 497.141, Florida Statutes, are redesignated as
50paragraphs (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
55chapter 395, chapter 400, or chapter 429, or any officer,
56administrator, or board member of such entity if the entity is a
57firm, corporation, partnership, or association, or any person
58owning 5 percent or more of such entity to conduct, maintain,
59manage, own, or operate a licensee under this chapter.
60     2.  This paragraph does not apply to a board member of a
61corporation or organization regulated under chapter 395, chapter
62400, or chapter 429, if the board member serves solely in a
63voluntary capacity, does not regularly take part in the day-to-
64day operational decisions of the corporation or organization,
65receives no remuneration for his or her services, and has no
66financial interest and has no family members with a financial
67interest in the corporation or organization.
68     Section 3.  Section 497.143, Florida Statutes, is amended
69to read:
70     497.143  Licensing; limited licenses for retired
71professionals.--
72     (1)  It is the intent of the Legislature that, absent a
73threat to the health, safety, and welfare of the public, the use
74of retired professionals in good standing to serve the indigent,
75underserved, or critical need populations of this state during
76times of critical need should be encouraged. To that end, rules
77may be adopted to permit practice by retired professionals as
78limited licensees under this section.
79     (2)  For purposes of this section, the term "critical need"
80means:
81     (a)  An executive order from the Governor declaring a state
82of emergency in an area;
83     (b)  A request from the director of the Division of
84Emergency Management, as state coordinating officer for the
85state's comprehensive emergency management plan;
86     (c)  A request from the Florida Emergency Mortuary
87Operations Response System sponsored by the University of
88Florida in collaboration with the Maples Center for Forensic
89Medicine;
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,
93when permitted by rule, shall submit to the department an
94application and fee, not to exceed $300, and an affidavit
95stating that the applicant has been licensed to practice in any
96jurisdiction in the United States for at least 10 years in the
97profession for which the applicant seeks a limited license. The
98affidavit shall also state that the applicant has retired or
99intends to retire from the practice of that profession and
100intends to practice only pursuant to the restrictions of the
101limited license granted pursuant to this section. If the
102applicant for a limited license submits a notarized statement
103from the employer stating that the applicant will not receive
104monetary compensation for any service involving the practice of
105her or his profession, the application and all licensure fees
106shall be waived. In no event may a person holding a limited
107license under this section engage in preneed sales under such
108limited license.
109     (4)(3)  Limited licensure may be denied to an applicant who
110has committed, or is under investigation or prosecution for, any
111act which would constitute the basis for discipline under this
112chapter.
113     (5)(4)  The recipient of a limited license may practice
114only in the employ of public agencies or institutions or
115nonprofit agencies or institutions which meet the requirements
116of 26 U.S.C. 501(c)(3) of the Internal Revenue Code and which
117provide professional liability coverage for acts or omissions of
118the limited licensee. A limited licensee may provide services
119only during times of to the indigent, underserved, or critical
120need populations within the state. The standard for determining
121indigency shall be that recognized by the Federal Poverty Income
122Guidelines produced by the United States Department of Health
123and Human Services. Rules may be adopted to define underserved
124and critical need areas and to ensure implementation of this
125section.
126     (6)(5)  The department may provide by rule for supervision
127of limited licensees to protect the health, safety, and welfare
128of the public.
129     (7)(6)  Each applicant granted a limited license is subject
130to all the provisions of this chapter under which the limited
131license is issued which are not in conflict with this section.
132     (8)  All limited licensees shall work for an entity
133licensed under this chapter.
134     Section 4.  Section 497.162, Florida Statutes, is amended
135to read:
136     497.162  Health and safety education.--All individuals not
137licensed under this chapter who intend to be employed as
138operational personnel affiliated with a direct disposal
139establishment, cinerator facility, removal service,
140refrigeration facility, or centralized embalming facility, as
141well as all nonlicensed individuals who intend to be involved in
142the removal or transportation of human remains on behalf of a
143funeral establishment, direct disposal establishment, or
144cinerator facility, and once every 6 years each person who is
145not licensed under this chapter who is employed by an entity
146licensed under this chapter shall complete one course approved
147by the licensing authority on communicable diseases, within 10
148days after the date that they begin functioning as operational
149personnel on behalf of any entity that is regulated by this
150chapter. The course shall not exceed 3 hours and shall be
151offered at approved locations throughout the state. Such
152locations may include establishments that are licensed under
153this chapter. The licensing authority shall adopt rules to
154implement and enforce this provision, which rules shall include
155provisions that provide for the use of approved videocassette
156courses and other types of audio, video, or home study courses
157to fulfill the continuing education requirements of this
158section.
159     Section 5.  Subsection (2) of section 497.260, Florida
160Statutes, is amended to read:
161     497.260  Cemeteries; exemption; investigation and
162mediation.--
163     (2)  Section 497.276(1) as to burial records, and ss.
164497.152(1)(d), 497.164, 497.2765, 497.278, 497.280, and 497.284
165apply to all cemeteries in this state.
166     Section 6.  Paragraph (c) of subsection (2) of section
167497.271, Florida Statutes, is amended to read:
168     497.271  Standards for construction and significant
169alteration or renovation of mausoleums and columbaria.--
170     (2)  The licensing authority shall adopt, by no later than
171July 1, 1999, rules establishing minimum standards for all newly
172constructed and significantly altered or renovated mausoleums
173and columbaria; however, in the case of significant alterations
174or renovations to existing structures, the rules shall apply
175only, when physically feasible, to the newly altered or
176renovated portion of such structures, except as specified in
177subsection (4). In developing and adopting such rules, the
178licensing authority may define different classes of structures
179or construction standards, and may provide for different rules
180to apply to each of said classes, if the designation of classes
181and the application of different rules is in the public interest
182and is supported by findings by the licensing authority based on
183evidence of industry practices, economic and physical
184feasibility, location, or intended uses; provided, that the
185rules shall provide minimum standards applicable to all
186construction. For example, and without limiting the generality
187of the foregoing, the licensing authority may determine that a
188small single-story ground level mausoleum does not require the
189same level of construction standards that a large multistory
190mausoleum might require; or that a mausoleum located in a low-
191lying area subject to frequent flooding or hurricane threats
192might require different standards than one located on high
193ground in an area not subject to frequent severe weather
194threats. The licensing authority shall develop the rules in
195cooperation with, and with technical assistance from, the
196Florida Building Commission of the Department of Community
197Affairs, to ensure that the rules are in the proper form and
198content to be included as part of the State Minimum Building
199Codes under part VII of chapter 553. If the Florida Building
200Commission advises that some of the standards proposed by the
201licensing authority are not appropriate for inclusion in such
202building codes, the licensing authority may choose to include
203those standards in a distinct chapter of its rules entitled
204"Non-Building-Code Standards for Mausoleums" or "Additional
205Standards for Mausoleums," or other terminology to that effect.
206If the licensing authority elects to divide the standards into
207two or more chapters, all such rules shall be binding on
208licensees and others subject to the jurisdiction of the
209licensing authority, but only the chapter containing provisions
210appropriate for building codes shall be transmitted to the
211Florida Building Commission pursuant to subsection (3). Such
212rules may be in the form of standards for design and
213construction; methods, materials, and specifications for
214construction; or other mechanisms. Such rules shall encompass,
215at a minimum, the following standards:
216     (c)  Such structure must contain adequate provision for
217drainage and ventilation. Private or family mausoleums with all
218crypts bordering an exterior wall must contain pressure relief
219ventilation from the crypts to the outside of the mausoleum
220through the exterior wall.
221     Section 7.  Subsection (1) of section 497.367, Florida
222Statutes, is amended to read:
223     497.367  Instruction on HIV and AIDS, funeral directors and
224embalmers.--
225     (1)  Each person licensed as a funeral director or embalmer
226under this chapter shall be required to complete an approved
227continuing educational course on human immunodeficiency virus
228and acquired immune deficiency syndrome as a prerequisite for
229every third biennial licensure renewal at least every 2 years.
230The course shall consist of education on the modes of
231transmission, infection control procedures, clinical management,
232and prevention of human immunodeficiency virus and acquired
233immune deficiency syndrome. Such course shall include
234information on current Florida law on acquired immune deficiency
235syndrome and its impact on testing, confidentiality of test
236results, and treatment of patients.
237     Section 8.  Paragraph (b) of subsection (1) of section
238497.374, Florida Statutes, is amended to read:
239     497.374  Funeral directing; licensure as a funeral director
240by endorsement; licensure of a temporary funeral director.--
241     (1)  The licensing authority shall issue a license by
242endorsement to practice funeral directing to an applicant who
243has remitted a fee set by rule of the licensing authority not to
244exceed $200 and who:
245     (b)1.  Holds a valid license to practice funeral directing
246in another state of the United States, provided that, when the
247applicant secured her or his original license, the requirements
248for licensure were substantially equivalent to or more stringent
249than those existing in this state; or
250     2.  Meets the qualifications for licensure in s. 497.373
251and has, within 10 years prior to the date of application,
252successfully completed a state, regional, or national
253examination in mortuary science, which, as determined by rule of
254the licensing authority, is substantially equivalent to or more
255stringent than the examination given by the licensing authority.
256     Section 9.  Subsection (1) of section 497.550, Florida
257Statutes, is amended to read:
258     497.550  Licensure of monument establishments required;
259procedures and criteria.--
260     (1)  LICENSE REQUIRED.--No person shall conduct, maintain,
261manage, or operate a monument establishment in this state unless
262the monument establishment is licensed pursuant to this part.
263     (a)  The two categories of monument establishment licensure
264available in this state are:
265     1.  Monument builder.
266     2.  Monument retailer dealer.
267     (b)  An applicant for licensure as a monument establishment
268shall designate on the application form the category of monument
269establishment licensure for which he or she is applying.
270     (c)  Each monument establishment that is licensed under
271this chapter at 11:59 p.m. on September 30, 2005, is, on and
272after October 1, 2005, licensed as a monument retailer dealer
273subject to the requirements of this chapter. A person who
274becomes licensed as a monument retailer dealer by operation of
275this paragraph may apply to the board for licensure as a
276monument builder and, upon payment of applicable application
277fees and the granting of such application and licensure as a
278monument builder, such person's licensure as a monument retailer
279dealer will expire.
280     (d)  The requirements of this chapter apply to both
281monument retailers dealers and monument builders, except as
282provided in this paragraph. Each monument establishment shall be
283a physical structure that is located at a specific street
284address, in compliance with zoning regulations of the
285appropriate local government, and not located on property that
286is exempt from taxation, but a monument retailer dealer may not
287otherwise be required to comply with s. 497.552 or be subject to
288inspection under this chapter.
289     (e)  A monument establishment that is not licensed under
290the monument-builder category is not eligible for a preneed
291sales license.
292     Section 10.  Section 497.609, Florida Statutes, is created
293to read:
294     497.609  Liability of direct disposers, direct disposal
295establishments, funeral directors, funeral establishments, and
296cinerator facilities regarding cremation.--If a direct disposer,
297direct disposal establishment, funeral director, funeral
298establishment, or cinerator facility is given a copy of the
299deceased's declaration of intent to be cremated that is signed
300by the deceased and the deceased's human remains are
301subsequently cremated, or a court order directing the cremation
302of the deceased's human remains, no person may make a claim
303objecting to the cremation against that direct disposer, direct
304disposal establishment, funeral director, funeral establishment,
305or cinerator facility. If a direct disposer, direct disposal
306establishment, funeral director, funeral establishment, or
307cinerator facility performs a cremation pursuant to the
308authorization of a legally authorized person who represents that
309she or he is not aware of any objection to the cremation of the
310deceased's human remains by others in the same class of the
311person making the representation or of any person in a higher
312priority class, and the deceased's human remains are
313subsequently cremated, no person may make a claim objecting to
314the cremation against that direct disposer, direct disposal
315establishment, funeral director, funeral establishment, or
316cinerator facility.
317     Section 11.  Subsections (5) through (14) of section
318553.36, Florida Statutes, are renumbered as subsections (6)
319through (15), respectively, present subsections (15) and (16)
320are renumbered as subsections (17) and (18), respectively, and
321new subsections (5) and (16) are added to that section, to read:
322     553.36  Definitions.--The definitions contained in this
323section govern the construction of this part unless the context
324otherwise requires.
325     (5)  "Columbarium" means a structure or building that is
326substantially exposed above the ground and that is intended to
327be used for the inurnment of cremated remains.
328     (16)  "Private mausoleum" means a mausoleum as defined in
329s. 497.005(40) for the private use of a family or group of
330family 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
335are exempt from the Florida Building Code as provided by law,
336and any further exemptions shall be as determined by the
337Legislature and provided by law:
338     (j)  Prefabricated or pre-assembled columbaria.
339     (k)  Prefabricated or pre-assembled private mausoleums that
340are not walk-in.
341
342With the exception of paragraphs (a), (b), (c), and (f), in
343order to preserve the health, safety, and welfare of the public,
344the Florida Building Commission may, by rule adopted pursuant to
345chapter 120, provide for exceptions to the broad categories of
346buildings exempted in this section, including exceptions for
347application of specific sections of the code or standards
348adopted therein. The Department of Agriculture and Consumer
349Services shall have exclusive authority to adopt by rule,
350pursuant to chapter 120, exceptions to nonresidential farm
351buildings exempted in paragraph (c) when reasonably necessary to
352preserve public health, safety, and welfare. The exceptions must
353be based upon specific criteria, such as under-roof floor area,
354aggregate electrical service capacity, HVAC system capacity, or
355other building requirements. Further, the commission may
356recommend to the Legislature additional categories of buildings,
357structures, or facilities which should be exempted from the
358Florida Building Code, to be provided by law.
359     Section 13.  Subsection (14) of section 316.515, Florida
360Statutes, is amended to read:
361     316.515  Maximum width, height, length.--
362     (14)  MANUFACTURED BUILDINGS.--The Department of
363Transportation may, in its discretion and upon application and
364good cause shown therefor that the same is not contrary to the
365public interest, issue a special permit for truck tractor-
366semitrailer combinations where the total number of overwidth
367deliveries of manufactured buildings, as defined in s.
368553.36(13)(12), may be reduced by permitting the use of an
369overlength 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,
374structure, mobile home as defined in s. 320.01(2), or
375manufactured building as defined in s. 553.36(13)(12), located
376in this state and insured by any insurer as to a covered peril,
377in the absence of any change increasing the risk without the
378insurer's consent and in the absence of fraudulent or criminal
379fault on the part of the insured or one acting in her or his
380behalf, the insurer's liability under the policy for such total
381loss, if caused by a covered peril, shall be in the amount of
382money for which such property was so insured as specified in the
383policy and for which a premium has been charged and paid.
384     (5)  This section does not apply as to personal property or
385any interest therein, except with respect to mobile homes as
386defined in s. 320.01(2) or manufactured buildings as defined in
387s. 553.36(13)(12). Nor does this section apply to coverage of an
388appurtenant structure or other structure or any coverage or
389claim in which the dollar amount of coverage available as to the
390structure involved is not directly stated in the policy as a
391dollar amount specifically applicable to that particular
392structure.
393     Section 15.  This act shall take effect July 1, 2007.


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