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

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