Senate Bill sb2856
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Florida Senate - 2007 SB 2856
By Senator Crist
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1 A bill to be entitled
2 An act relating to funeral, cemetery, and
3 consumer services; amending s. 497.141, F.S.;
4 prohibiting certain specified persons from
5 owning, managing, or operating a business
6 entity regulated or licensed under ch. 497,
7 F.S.; providing exceptions; amending s.
8 497.143, F.S.; defining the term "critical
9 need"; specifying conditions that justify the
10 issuance of a limited practice license to
11 retired professionals; amending s. 497.162,
12 F.S.; requiring the licensing authority to
13 adopt rules that authorize the use of the
14 Internet to fulfill the continuing educational
15 requirements mandated for funeral, cemetery,
16 and other personnel; amending s. 497.260, F.S.;
17 conforming a cross-reference; amending s.
18 497.271, F.S.; requiring pressure-relief
19 ventilation for certain private or family
20 mausoleums; creating s. 497.279, F.S.;
21 requiring the licensing authority to adopt
22 rules establishing minimum standards for newly
23 installed monuments and markers by a specified
24 date; authorizing the licensing authority to
25 define different classes of monuments and
26 markers under certain circumstances; requiring
27 that the rules provide minimum standards
28 relating to foundation and setting techniques
29 of monuments and markers; requiring the
30 licensing authority to prepare the rules in
31 cooperation with the Florida Monument Builders
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1 Association; providing an exception; amending
2 s. 497.367, F.S.; requiring that each licensed
3 funeral director or embalmer complete HIV and
4 AIDS educational courses within a specified
5 time; amending s. 497.374, F.S.; revising
6 conditions for a funeral director to receive a
7 license by endorsement; amending s. 497.550,
8 F.S.; providing for monument retailers;
9 creating s. 497.609, F.S.; providing for
10 exemptions from liability for direct disposers,
11 direct disposal establishments, funeral
12 directors, funeral establishments, and
13 cinerator facilities when cremating a body;
14 amending s. 553.36, F.S.; defining the terms
15 "private mausoleum" and "columbarium"; amending
16 s. 553.73, F.S.; exempting certain columbaria
17 and mausoleums from provisions of the Florida
18 Building Code; amending s. 316.515, F.S.;
19 conforming a cross-reference; providing an
20 effective date.
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Present paragraphs (e), (f), and (g) of
25 subsection (12) of section 497.141, Florida Statutes, are
26 redesignated as paragraphs (f), (g), and (h), respectively,
27 and a new paragraph (e) is added to that subsection, to read:
28 497.141 Licensing; general application procedures.--
29 (12)
30 (e)1. A person or business entity that is licensed
31 under chapter 395, chapter 400, or chapter 429, any person who
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1 serves on the board of such a business entity, or any person
2 who owns 5 percent or more of such a business entity may not
3 own, manage, or operate a business entity whose service or
4 activity is licensed under this chapter.
5 2. This paragraph does not apply to any person who
6 serves on the board of directors of a business entity that is
7 licensed under chapter 395, chapter 400, or chapter 429, if
8 that person:
9 a. Does not regularly participate in making
10 operational decisions for the business entity licensed under
11 this chapter;
12 b. Receives no direct or indirect remuneration for
13 serving on the board of the business entity licensed under
14 this chapter;
15 c. Has no financial interest in the operation licensed
16 under this chapter; or
17 d. Has no member of the person's immediate family with
18 a financial interest in the business entity licensed under
19 this chapter.
20 Section 2. Section 497.143, Florida Statutes, is
21 amended to read:
22 497.143 Licensing; limited licenses for retired
23 professionals.--
24 (1) It is the intent of the Legislature that, absent a
25 threat to the health, safety, and welfare of the public, the
26 use of retired professionals in good standing to serve during
27 times of the indigent, underserved, or critical need within
28 the populations of this state should be encouraged. To that
29 end, rules may be adopted to permit practice by retired
30 professionals as limited licensees under this section.
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1 (2) For the purpose of this section, the term
2 "critical need" means an executive order from the Governor or
3 a federal order declaring a state of emergency.
4 (3)(2) Any person desiring to obtain a limited
5 license, when permitted by rule, shall submit to the
6 department an application and fee, not to exceed $300, and an
7 affidavit stating that the applicant has been licensed to
8 practice in any jurisdiction in the United States for at least
9 10 years in the profession for which the applicant seeks a
10 limited license. The affidavit shall also state that the
11 applicant has retired or intends to retire from the practice
12 of that profession and intends to practice only under pursuant
13 to the restrictions of the limited license granted pursuant to
14 this section. If the applicant for a limited license submits a
15 notarized statement from the employer stating that the
16 applicant will not receive monetary compensation for any
17 service involving the practice of her or his profession, the
18 application and all licensure fees shall be waived. In no
19 event may a person holding a limited license under this
20 section engage in preneed sales under the such limited
21 license.
22 (4)(3) Limited licensure may be denied to an applicant
23 who has committed, or is under investigation or prosecution
24 for, any act which would constitute the basis for discipline
25 under this chapter.
26 (5)(4) The recipient of a limited license may practice
27 only in the employ of public agencies or institutions or
28 nonprofit agencies or institutions which meet the requirements
29 of 26 U.S.C. 501(c)(3) of the Internal Revenue Code and which
30 provide professional liability coverage for acts or omissions
31 of the limited licensee. A limited licensee may provide
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1 services only during times of to the indigent, underserved, or
2 critical need populations within the state. The standard for
3 determining indigency shall be that recognized by the Federal
4 Poverty Income Guidelines produced by the United States
5 Department of Health and Human Services. Rules may be adopted
6 to define underserved and critical need areas and to ensure
7 implementation of this section.
8 (6)(5) The department may provide by rule for
9 supervision of limited licensees to protect the health,
10 safety, and welfare of the public. All limited licensees must
11 be employed by an entity licensed under this chapter.
12 (7)(6) Each applicant granted a limited license is
13 subject to all the provisions of this chapter under which the
14 limited license is issued which are not in conflict with this
15 section.
16 Section 3. Section 497.162, Florida Statutes, is
17 amended to read:
18 497.162 Health and safety education.--All individuals
19 not licensed under this chapter who intend to be employed as
20 operational personnel affiliated with a direct disposal
21 establishment, cinerator facility, removal service,
22 refrigeration facility, or centralized embalming facility, as
23 well as all nonlicensed individuals who intend to be involved
24 in the removal or transportation of human remains on behalf of
25 a funeral establishment, direct disposal establishment, or
26 cinerator facility shall complete one course approved by the
27 licensing authority on communicable diseases, within 10 days
28 after the date that they begin functioning as operational
29 personnel on behalf of any entity that is regulated by this
30 chapter. The course shall not exceed 3 hours and shall be
31 offered at approved locations throughout the state. Such
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1 locations may include establishments that are licensed under
2 this chapter. The licensing authority shall adopt rules to
3 implement and enforce this provision, which rules shall
4 include provisions that provide for the use of approved
5 videocassette courses and other types of audio, video,
6 Internet, or home study courses to fulfill the continuing
7 education requirements of this section.
8 Section 4. Subsection (2) of section 497.260, Florida
9 Statutes, is amended to read:
10 497.260 Cemeteries; exemption; investigation and
11 mediation.--
12 (2) Section 497.276(1) as to burial records, and ss.
13 497.152(1)(d), 497.164, 497.2765, 497.278, 497.280, and
14 497.284 apply to all cemeteries in this state.
15 Section 5. Paragraph (c) of subsection (2) of section
16 497.271, Florida Statutes, is amended to read:
17 497.271 Standards for construction and significant
18 alteration or renovation of mausoleums and columbaria.--
19 (2) The licensing authority shall adopt, by no later
20 than July 1, 1999, rules establishing minimum standards for
21 all newly constructed and significantly altered or renovated
22 mausoleums and columbaria; however, in the case of significant
23 alterations or renovations to existing structures, the rules
24 shall apply only, when physically feasible, to the newly
25 altered or renovated portion of such structures, except as
26 specified in subsection (4). In developing and adopting such
27 rules, the licensing authority may define different classes of
28 structures or construction standards, and may provide for
29 different rules to apply to each of said classes, if the
30 designation of classes and the application of different rules
31 is in the public interest and is supported by findings by the
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1 licensing authority based on evidence of industry practices,
2 economic and physical feasibility, location, or intended uses;
3 provided, that the rules shall provide minimum standards
4 applicable to all construction. For example, and without
5 limiting the generality of the foregoing, the licensing
6 authority may determine that a small single-story ground level
7 mausoleum does not require the same level of construction
8 standards that a large multistory mausoleum might require; or
9 that a mausoleum located in a low-lying area subject to
10 frequent flooding or hurricane threats might require different
11 standards than one located on high ground in an area not
12 subject to frequent severe weather threats. The licensing
13 authority shall develop the rules in cooperation with, and
14 with technical assistance from, the Florida Building
15 Commission of the Department of Community Affairs, to ensure
16 that the rules are in the proper form and content to be
17 included as part of the State Minimum Building Codes under
18 part VII of chapter 553. If the Florida Building Commission
19 advises that some of the standards proposed by the licensing
20 authority are not appropriate for inclusion in such building
21 codes, the licensing authority may choose to include those
22 standards in a distinct chapter of its rules entitled
23 "Non-Building-Code Standards for Mausoleums" or "Additional
24 Standards for Mausoleums," or other terminology to that
25 effect. If the licensing authority elects to divide the
26 standards into two or more chapters, all such rules shall be
27 binding on licensees and others subject to the jurisdiction of
28 the licensing authority, but only the chapter containing
29 provisions appropriate for building codes shall be transmitted
30 to the Florida Building Commission pursuant to subsection (3).
31 Such rules may be in the form of standards for design and
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1 construction; methods, materials, and specifications for
2 construction; or other mechanisms. Such rules shall encompass,
3 at a minimum, the following standards:
4 (c) Such structure must contain adequate provision for
5 drainage and ventilation. For private or family mausoleums
6 where all crypts are bordering an exterior wall,
7 pressure-relief ventilation must be provided from the crypt to
8 the outside of the mausoleum through the exterior wall.
9 Section 6. Section 497.279, Florida Statutes, is
10 created to read:
11 497.279 Monuments; installation standards.--
12 (1) All newly installed monuments and markers must
13 conform to the standards set forth in this section.
14 (2) By January 1, 2008, the licensing authority shall
15 adopt rules establishing minimum standards for all newly
16 installed monuments and markers. When developing and adopting
17 the rules, the licensing authority may define different
18 classes of monuments and markers and may provide different
19 rules to apply to each of the classes if the designation of
20 classes and the application of different rules is in the
21 public interest and is supported by findings by the licensing
22 authority based on evidence of industry practices, economic
23 and physical feasibility, location, or intended uses; however,
24 the rules shall provide minimum standards relating to
25 foundation and setting techniques.
26 (3) The licensing authority shall develop the rules in
27 cooperation with, and using technical assistance from, the
28 Florida Monument Builders Association to ensure that the rules
29 are consistent with long-established installation practices.
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1 (4) The rules shall exclude any reference to
2 engineering documentation, local building codes, or windstorm
3 damage exceeding 130 miles an hour.
4 Section 7. Subsection (1) of section 497.367, Florida
5 Statutes, is amended to read:
6 497.367 Instruction on HIV and AIDS, funeral directors
7 and embalmers.--
8 (1) Each person licensed as a funeral director or
9 embalmer under this chapter shall be required to complete an
10 approved continuing educational course on human
11 immunodeficiency virus and acquired immune deficiency syndrome
12 as part of every third biennial relicensure at least every 2
13 years. The course shall consist of education on the modes of
14 transmission, infection control procedures, clinical
15 management, and prevention of human immunodeficiency virus and
16 acquired immune deficiency syndrome. Such course shall include
17 information on current Florida law on acquired immune
18 deficiency syndrome and its impact on testing, confidentiality
19 of test results, and treatment of patients.
20 Section 8. Paragraph (b) of subsection (1) of section
21 497.374, Florida Statutes, is amended to read:
22 497.374 Funeral directing; licensure as a funeral
23 director by endorsement; licensure of a temporary funeral
24 director.--
25 (1) The licensing authority shall issue a license by
26 endorsement to practice funeral directing to an applicant who
27 has remitted a fee set by rule of the licensing authority not
28 to exceed $200 and who:
29 (b)1. Holds a valid license to practice funeral
30 directing in another state of the United States, provided
31 that, when the applicant secured her or his original license,
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1 the requirements for licensure were substantially equivalent
2 to or more stringent than those existing in this state; or
3 2. Meets the qualifications for licensure in s.
4 497.373 and has, within 10 years prior to the date of
5 application, successfully completed a state, regional, or
6 national examination in mortuary science, which, as determined
7 by rule of the licensing authority, is substantially
8 equivalent to or more stringent than the examination given by
9 the licensing authority.
10 Section 9. Subsection (1) of section 497.550, Florida
11 Statutes, is amended to read:
12 497.550 Licensure of monument establishments required;
13 procedures and criteria.--
14 (1) LICENSE REQUIRED.--A No person may not shall
15 conduct, maintain, manage, or operate a monument establishment
16 in this state unless the monument establishment is licensed
17 under pursuant to this part.
18 (a) The two categories of monument establishment
19 licensure available in this state are:
20 1. Monument builder.
21 2. Monument retailer dealer.
22 (b) An applicant for licensure as a monument
23 establishment shall designate on the application form the
24 category of monument establishment licensure for which he or
25 she is applying.
26 (c) Each monument establishment that is licensed under
27 this chapter at 11:59 p.m. on September 30, 2005, is, on and
28 after October 1, 2005, licensed as a monument retailer dealer
29 subject to the requirements of this chapter. A person who
30 becomes licensed as a monument retailer dealer by operation of
31 this paragraph may apply to the board for licensure as a
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1 monument builder and, upon payment of applicable application
2 fees and the granting of such application and licensure as a
3 monument builder, such person's licensure as a monument
4 retailer dealer will expire.
5 (d) The requirements of this chapter apply to both
6 monument retailers dealers and monument builders, except as
7 provided in this paragraph. Each monument establishment shall
8 be a physical structure that is located at a specific street
9 address, in compliance with zoning regulations of the
10 appropriate local government, and not located on property that
11 is exempt from taxation, but a monument retailer is dealer may
12 not otherwise be required to comply with s. 497.552 or be
13 subject to inspection under this chapter.
14 (e) A monument establishment that is not licensed
15 under the monument-builder category is not eligible for a
16 preneed sales license.
17 Section 10. Section 497.609, Florida Statutes, is
18 created to read:
19 497.609 Liability of direct disposers, direct disposal
20 establishments, funeral directors, funeral establishments, and
21 cinerator facilities regarding cremation.--
22 (1) A person may not make a claim objecting to the
23 cremation of a deceased person against a direct disposer,
24 direct disposal establishment, funeral director, funeral
25 establishment, or cinerator facility if the direct disposer,
26 direct disposal establishment, funeral director, funeral
27 establishment, or cinerator facility is given:
28 (a) A copy of a deceased's declaration of intent to be
29 cremated which is signed by the deceased and notarized or
30 witnessed by two nonrelated individuals;
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1 (b) A copy of the deceased's prearranged cremation
2 contract or cremation authorization form signed by the
3 deceased; or
4 (c) A court order directing the cremation of the
5 deceased.
6 (2) A person may not make a claim objecting to the
7 cremation of a deceased person against a direct disposer,
8 direct disposal establishment, funeral director, funeral
9 establishment, or cinerator facility if a direct disposer,
10 direct disposal establishment, funeral director, funeral
11 establishment, or cinerator facility performs a cremation
12 pursuant to permission given by a legally authorized person
13 who represents that he or she is not aware of any objection to
14 the cremation of the deceased by others in the same class of
15 persons making the representation or of any person in a higher
16 priority class.
17 Section 11. Section 553.36, Florida Statutes, is
18 amended to read:
19 553.36 Definitions.--The definitions contained in this
20 section govern the construction of this part unless the
21 context otherwise requires.
22 (1) "Approved" means conforming to the requirements of
23 the Florida Building Code.
24 (2) "Approved inspection agency" means an organization
25 determined by the department to be especially qualified by
26 reason of facilities, personnel, experience, and demonstrated
27 reliability to investigate, test, and evaluate manufactured
28 building units or systems or the component parts thereof,
29 together with the plans, specifications, and quality control
30 procedures to ensure that such units, systems, or component
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1 parts are in full compliance with the Florida Building Code
2 and to label such units complying with those standards.
3 (3) "Closed construction" means that condition when
4 any building, component, assembly, subassembly, or system is
5 manufactured in such a manner that all portions cannot be
6 readily inspected at the installation site without disassembly
7 or destruction thereof.
8 (4) "Open construction" means any building, building
9 component, assembly, or system manufactured in such a manner
10 that all portions can be readily inspected at the building
11 site without disassembly thereof, damage thereto, or
12 destruction thereof.
13 (5) "Columbarium" means a permanent structure
14 consisting of niches.
15 (6)(5) "Component" means any assembly, subassembly, or
16 combination of parts for use as a part of a building, which
17 may include structural, electrical, mechanical, and fire
18 protection systems and other systems affecting health and
19 safety. Components that incorporate elements of a building
20 subject to the product approval system adopted under s.
21 553.842 are subject to approval in accordance with the product
22 approval system upon implementation thereof and are not
23 subject to the rules adopted under this part. Components to
24 which the rules adopted under this part apply are limited to
25 three-dimensional systems for use as part of a building.
26 (7)(6) "Department" means the Department of Community
27 Affairs.
28 (8)(7) "Factory-built school shelter" means any
29 site-assembled or factory-built school building that is
30 designed to be portable, relocatable, demountable, or
31 reconstructible and that complies with the provisions for
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1 enhanced hurricane protection areas, as required by the
2 applicable code.
3 (9)(8) "Insignia" means an approved device or seal
4 issued by the department to indicate compliance with the
5 standards and rules established pursuant to this part.
6 (10)(9) "Install" means the assembly of a manufactured
7 building component or system on site and the process of
8 affixing a manufactured building component or system to land,
9 a foundation, or an existing building, and service connections
10 which are a part thereof.
11 (11)(10) "Local government" means any municipality,
12 county, district, or combination thereof comprising a
13 governmental unit.
14 (12)(11) "Manufacture" means the process of making,
15 fabricating, constructing, forming, or assembling a product
16 from raw, unfinished, semifinished, or finished materials.
17 (13)(12) "Manufactured building" means a closed
18 structure, building assembly, or system of subassemblies,
19 which may include structural, electrical, plumbing, heating,
20 ventilating, or other service systems manufactured in
21 manufacturing facilities for installation or erection as a
22 finished building or as part of a finished building, which
23 shall include, but not be limited to, residential, commercial,
24 institutional, storage, and industrial structures. The term
25 includes buildings not intended for human habitation such as
26 lawn storage buildings and storage sheds manufactured and
27 assembled offsite by a manufacturer certified in conformance
28 with this part. This part does not apply to mobile homes.
29 (14)(13) "Mobile home" means any residential unit
30 constructed to standards promulgated by the United States
31 Department of Housing and Urban Development.
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1 (15)(14) "Module" means a separately transported
2 three-dimensional component of a manufactured building which
3 contains all or a portion of structural systems, electrical
4 systems, plumbing systems, mechanical systems, fire systems,
5 and thermal systems.
6 (16) "Private mausoleum" means a structure intended
7 for the private use of a family or group of family members
8 which is prefabricated or preassembled.
9 (17)(15) "Site" is the location on which a
10 manufactured building is installed or is to be installed.
11 (18)(16) "System" means structural, plumbing,
12 mechanical, heating, electrical, or ventilating elements,
13 materials, or components combined for use in a building.
14 Section 12. Subsection (8) of section 553.73, Florida
15 Statutes, is amended to read:
16 553.73 Florida Building Code.--
17 (8) The following buildings, structures, and
18 facilities are exempt from the Florida Building Code as
19 provided by law, and any further exemptions shall be as
20 determined by the Legislature and provided by law:
21 (a) Buildings and structures specifically regulated
22 and preempted by the Federal Government.
23 (b) Railroads and ancillary facilities associated with
24 the railroad.
25 (c) Nonresidential farm buildings on farms.
26 (d) Temporary buildings or sheds used exclusively for
27 construction purposes.
28 (e) Mobile or modular structures used as temporary
29 offices, except that the provisions of part II relating to
30 accessibility by persons with disabilities shall apply to such
31 mobile or modular structures.
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1 (f) Those structures or facilities of electric
2 utilities, as defined in s. 366.02, which are directly
3 involved in the generation, transmission, or distribution of
4 electricity.
5 (g) Temporary sets, assemblies, or structures used in
6 commercial motion picture or television production, or any
7 sound-recording equipment used in such production, on or off
8 the premises.
9 (h) Storage sheds that are not designed for human
10 habitation and that have a floor area of 720 square feet or
11 less are not required to comply with the mandatory
12 wind-borne-debris-impact standards of the Florida Building
13 Code.
14 (i) Chickees constructed by the Miccosukee Tribe of
15 Indians of Florida or the Seminole Tribe of Florida. As used
16 in this paragraph, the term "chickee" means an open-sided
17 wooden hut that has a thatched roof of palm or palmetto or
18 other traditional materials, and that does not incorporate any
19 electrical, plumbing, or other nonwood features.
20 (j) Prefabricated or preassembled columbaria.
21 (k) Prefabricated or preassembled non-walk-in private
22 or family mausoleums.
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24 With the exception of paragraphs (a), (b), (c), and (f), in
25 order to preserve the health, safety, and welfare of the
26 public, the Florida Building Commission may, by rule adopted
27 pursuant to chapter 120, provide for exceptions to the broad
28 categories of buildings exempted in this section, including
29 exceptions for application of specific sections of the code or
30 standards adopted therein. The Department of Agriculture and
31 Consumer Services shall have exclusive authority to adopt by
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1 rule, pursuant to chapter 120, exceptions to nonresidential
2 farm buildings exempted in paragraph (c) when reasonably
3 necessary to preserve public health, safety, and welfare. The
4 exceptions must be based upon specific criteria, such as
5 under-roof floor area, aggregate electrical service capacity,
6 HVAC system capacity, or other building requirements. Further,
7 the commission may recommend to the Legislature additional
8 categories of buildings, structures, or facilities which
9 should be exempted from the Florida Building Code, to be
10 provided by law.
11 Section 13. Subsection (14) of section 316.515,
12 Florida Statutes, is amended to read:
13 316.515 Maximum width, height, length.--
14 (14) MANUFACTURED BUILDINGS.--The Department of
15 Transportation may, in its discretion and upon application and
16 good cause shown therefor that the same is not contrary to the
17 public interest, issue a special permit for truck
18 tractor-semitrailer combinations where the total number of
19 overwidth deliveries of manufactured buildings, as defined in
20 s. 553.36(13) s. 553.36(12), may be reduced by permitting the
21 use of an overlength trailer of no more than 54 feet.
22 Section 14. This act shall take effect July 1, 2007.
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2 SENATE SUMMARY
3 Provides that certain specified persons may not own,
manage, or operate a business entity regulated or
4 licensed under ch. 497, F.S. Provides exceptions.
Specifies the conditions that justify the issuance of a
5 limited practice license to retired professionals.
Requires pressure-relief ventilation for certain private
6 or family mausoleums. Requires the licensing authority to
adopt rules establishing minimum standards for newly
7 installed monuments and markers by a specified date.
Authorizes the licensing authority to define different
8 classes of monuments and markers under certain
circumstances. Requires that the rules provide minimum
9 standards relating to foundation and setting techniques
of monuments and markers. Requires that each licensed
10 funeral director or embalmer complete an HIV and AIDS
educational course within a specified time period.
11 Provides conditions for a funeral director to receive a
license by endorsement. Provides for exemptions from
12 liability for direct disposers, direct disposal
establishments, funeral directors, funeral
13 establishments, and cinerator facilities when cremating a
body.
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