Senate Bill sb2856c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2856
By the Committee on Regulated Industries; and Senator Crist
580-2333-07
1 A bill to be entitled
2 An act relating to funeral and cemetery
3 industry regulation; amending s. 497.101, F.S.;
4 conforming a reference; amending s. 497.141,
5 F.S.; prohibiting certain persons from
6 conducting, maintaining, managing, owning, or
7 operating licensees under ch. 479; providing an
8 exception; amending s. 497.143, F.S.; revising
9 regulation and practice of limited licensees;
10 amending s. 497.162, F.S.; requiring certain
11 employees to periodically complete a course on
12 communicable diseases; amending s. 497.260,
13 F.S.; requiring that a provision relating to
14 the installation of monuments applies to all
15 cemeteries in the state; amending s. 497.271,
16 F.S.; requiring that certain mausoleums contain
17 pressure relief ventilation; amending s.
18 497.273, F.S.; providing for internment or
19 entombment of a decedent with the remains of
20 the decedent's pet; amending s. 497.367, F.S.;
21 revising the frequency with which licensed
22 funeral directors and embalmers are required to
23 complete a continuing education course on HIV
24 and AIDS; amending s. 497.374, F.S.; revising
25 qualifications for licensure by endorsement for
26 funeral directors; amending s. 497.550, F.S.;
27 replacing the term "monument dealer" with
28 "monument retailer"; creating s. 497.609, F.S.;
29 providing freedom from liability for direct
30 disposers, direct disposal establishments,
31 funeral directors, funeral establishments, and
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2856
580-2333-07
1 cinerator facilities performing cremation under
2 certain circumstances; amending s. 553.36,
3 F.S.; providing definitions; amending s.
4 553.73, F.S.; providing exceptions to the
5 Florida Building Code relating to columbaria
6 and mausoleums; amending ss. 316.515 and
7 627.702, F.S.; conforming cross-references;
8 providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (3) of section 497.101, Florida
13 Statutes, is amended to read:
14 497.101 Board of Funeral, Cemetery, and Consumer
15 Services; membership; appointment; terms.--
16 (3) Board members shall be appointed for terms of 4
17 years, and the State Health Officer shall serve as long as
18 that person holds that office. The designee of the State
19 Health Officer shall serve at the pleasure of the Governor.
20 When the terms of the initial board members expire, the Chief
21 Financial Officer shall stagger the terms of the successor
22 members as follows: one funeral director, one cemetery
23 representative, the monument builder dealer, and one consumer
24 member shall be appointed for terms of 2 years, and the
25 remaining members shall be appointed for terms of 4 years. All
26 subsequent terms shall be for 4 years.
27 Section 2. Paragraphs (e), (f), and (g) of subsection
28 (12) of section 497.141, Florida Statutes, are redesignated as
29 paragraphs (f), (g), and (h), respectively, and a new
30 paragraph (e) is added to that subsection, to read:
31 497.141 Licensing; general application procedures.--
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2856
580-2333-07
1 (12)
2 (e)1. It is unlawful for any person regulated under
3 chapter 395, chapter 400, or chapter 429, or any officer,
4 administrator, or board member of such entity if the entity is
5 a firm, corporation, partnership, or association, or any
6 person owning 5 percent or more of such entity to conduct,
7 maintain, manage, own, or operate a licensee under this
8 chapter.
9 2. This paragraph does not apply to a board member of
10 a corporation or organization regulated under chapter 395,
11 chapter 400, or chapter 429 if the board member serves solely
12 in a voluntary capacity, does not regularly take part in the
13 day-to-day operational decisions of the corporation or
14 organization, receives no remuneration for his or her
15 services, and has no financial interest and has no family
16 members with a financial interest in the corporation or
17 organization.
18 Section 3. Section 497.143, Florida Statutes, is
19 amended to read:
20 497.143 Licensing; limited licenses for retired
21 professionals.--
22 (1) It is the intent of the Legislature that, absent a
23 threat to the health, safety, and welfare of the public, the
24 use of retired professionals in good standing to serve the
25 indigent, underserved, or critical need populations of this
26 state during times of critical need should be encouraged. To
27 that end, rules may be adopted to permit practice by retired
28 professionals as limited licensees under this section.
29 (2) For purposes of this section, the term "critical
30 need" means:
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2856
580-2333-07
1 (a) An executive order from the Governor declaring a
2 state of emergency in an area;
3 (b) A request from the director of the Division of
4 Emergency Management, as state coordinating officer for the
5 state's comprehensive emergency management plan;
6 (c) A request from the Florida Emergency Mortuary
7 Operations Response System sponsored by the University of
8 Florida in collaboration with the Maples Center for Forensic
9 Medicine;
10 (d) A request from any district medical examiner; or
11 (e) Activation of a state continuity of operations
12 plan.
13 (3)(2) Any person desiring to obtain a limited
14 license, when permitted by rule, shall submit to the
15 department an application and fee, not to exceed $300, and an
16 affidavit stating that the applicant has been licensed to
17 practice in any jurisdiction in the United States for at least
18 10 years in the profession for which the applicant seeks a
19 limited license. The affidavit shall also state that the
20 applicant has retired or intends to retire from the practice
21 of that profession and intends to practice only pursuant to
22 the restrictions of the limited license granted pursuant to
23 this section. If the applicant for a limited license submits a
24 notarized statement from the employer stating that the
25 applicant will not receive monetary compensation for any
26 service involving the practice of her or his profession, the
27 application and all licensure fees shall be waived. In no
28 event may a person holding a limited license under this
29 section engage in preneed sales under such limited license.
30 (4)(3) Limited licensure may be denied to an applicant
31 who has committed, or is under investigation or prosecution
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2856
580-2333-07
1 for, any act which would constitute the basis for discipline
2 under this chapter.
3 (5)(4) The recipient of a limited license may practice
4 only in the employ of public agencies or institutions or
5 nonprofit agencies or institutions which meet the requirements
6 of 26 U.S.C. 501(c)(3) of the Internal Revenue Code and which
7 provide professional liability coverage for acts or omissions
8 of the limited licensee. A limited licensee may provide
9 services only during times of to the indigent, underserved, or
10 critical need populations within the state. The standard for
11 determining indigency shall be that recognized by the Federal
12 Poverty Income Guidelines produced by the United States
13 Department of Health and Human Services. Rules may be adopted
14 to define underserved and critical need areas and to ensure
15 implementation of this section.
16 (6)(5) The department may provide by rule for
17 supervision of limited licensees to protect the health,
18 safety, and welfare of the public.
19 (7)(6) Each applicant granted a limited license is
20 subject to all the provisions of this chapter under which the
21 limited license is issued which are not in conflict with this
22 section.
23 (8) All limited licensees shall work for an entity
24 licensed under this chapter.
25 Section 4. Section 497.162, Florida Statutes, is
26 amended to read:
27 497.162 Health and safety education.--All individuals
28 not licensed under this chapter who intend to be employed as
29 operational personnel affiliated with a direct disposal
30 establishment, cinerator facility, removal service,
31 refrigeration facility, or centralized embalming facility, as
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2856
580-2333-07
1 well as all nonlicensed individuals who intend to be involved
2 in the removal or transportation of human remains on behalf of
3 a funeral establishment, direct disposal establishment, or
4 cinerator facility, and once every 6 years each person who is
5 not licensed under this chapter who is employed by an entity
6 licensed under this chapter shall complete one course approved
7 by the licensing authority on communicable diseases, within 10
8 days after the date that they begin functioning as operational
9 personnel on behalf of any entity that is regulated by this
10 chapter. The course shall not exceed 3 hours and shall be
11 offered at approved locations throughout the state. Such
12 locations may include establishments that are licensed under
13 this chapter. The licensing authority shall adopt rules to
14 implement and enforce this provision, which rules shall
15 include provisions that provide for the use of approved
16 videocassette courses and other types of audio, video, or home
17 study courses to fulfill the continuing education requirements
18 of this section.
19 Section 5. Subsection (2) of section 497.260, Florida
20 Statutes, is amended to read:
21 497.260 Cemeteries; exemption; investigation and
22 mediation.--
23 (2) Section 497.276(1) as to burial records, and ss.
24 497.152(1)(d), 497.164, 497.2765, 497.278, 497.280, and
25 497.284 apply to all cemeteries in this state.
26 Section 6. Paragraph (c) of subsection (2) of section
27 497.271, Florida Statutes, is amended to read:
28 497.271 Standards for construction and significant
29 alteration or renovation of mausoleums and columbaria.--
30 (2) The licensing authority shall adopt, by no later
31 than July 1, 1999, rules establishing minimum standards for
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2856
580-2333-07
1 all newly constructed and significantly altered or renovated
2 mausoleums and columbaria; however, in the case of significant
3 alterations or renovations to existing structures, the rules
4 shall apply only, when physically feasible, to the newly
5 altered or renovated portion of such structures, except as
6 specified in subsection (4). In developing and adopting such
7 rules, the licensing authority may define different classes of
8 structures or construction standards, and may provide for
9 different rules to apply to each of said classes, if the
10 designation of classes and the application of different rules
11 is in the public interest and is supported by findings by the
12 licensing authority based on evidence of industry practices,
13 economic and physical feasibility, location, or intended uses;
14 provided, that the rules shall provide minimum standards
15 applicable to all construction. For example, and without
16 limiting the generality of the foregoing, the licensing
17 authority may determine that a small single-story ground level
18 mausoleum does not require the same level of construction
19 standards that a large multistory mausoleum might require; or
20 that a mausoleum located in a low-lying area subject to
21 frequent flooding or hurricane threats might require different
22 standards than one located on high ground in an area not
23 subject to frequent severe weather threats. The licensing
24 authority shall develop the rules in cooperation with, and
25 with technical assistance from, the Florida Building
26 Commission of the Department of Community Affairs, to ensure
27 that the rules are in the proper form and content to be
28 included as part of the State Minimum Building Codes under
29 part VII of chapter 553. If the Florida Building Commission
30 advises that some of the standards proposed by the licensing
31 authority are not appropriate for inclusion in such building
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2856
580-2333-07
1 codes, the licensing authority may choose to include those
2 standards in a distinct chapter of its rules entitled
3 "Non-Building-Code Standards for Mausoleums" or "Additional
4 Standards for Mausoleums," or other terminology to that
5 effect. If the licensing authority elects to divide the
6 standards into two or more chapters, all such rules shall be
7 binding on licensees and others subject to the jurisdiction of
8 the licensing authority, but only the chapter containing
9 provisions appropriate for building codes shall be transmitted
10 to the Florida Building Commission pursuant to subsection (3).
11 Such rules may be in the form of standards for design and
12 construction; methods, materials, and specifications for
13 construction; or other mechanisms. Such rules shall encompass,
14 at a minimum, the following standards:
15 (c) Such structure must contain adequate provision for
16 drainage and ventilation. Private or family mausoleums with
17 all crypts bordering an exterior wall must contain pressure
18 relief ventilation from the crypts to the outside of the
19 mausoleum through the exterior wall.
20 Section 7. Subsection (4) is added to section 497.273,
21 Florida Statutes, to read:
22 497.273 Cemetery companies; authorized functions.--
23 (4) This chapter does not prohibit the interment or
24 entombment of the inurned cremated animal remains of the
25 decedent's pet or pets with the decedent's human remains or
26 cremated human remains if:
27 (a) The human remains or cremated human remains are
28 not commingled with the inurned cremated animal remains; and
29 (b) The interment or entombment with the inurned
30 cremated animal remains is with the authorization of the
31 decedent or other legally authorized person.
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2856
580-2333-07
1 Section 8. Subsection (1) of section 497.367, Florida
2 Statutes, is amended to read:
3 497.367 Instruction on HIV and AIDS, funeral directors
4 and embalmers.--
5 (1) Each person licensed as a funeral director or
6 embalmer under this chapter shall be required to complete an
7 approved continuing educational course on human
8 immunodeficiency virus and acquired immune deficiency syndrome
9 as a prerequisite for every third biennial licensure renewal
10 at least every 2 years. The course shall consist of education
11 on the modes of transmission, infection control procedures,
12 clinical management, and prevention of human immunodeficiency
13 virus and acquired immune deficiency syndrome. Such course
14 shall include information on current Florida law on acquired
15 immune deficiency syndrome and its impact on testing,
16 confidentiality of test results, and treatment of patients.
17 Section 9. Paragraph (b) of subsection (1) of section
18 497.374, Florida Statutes, is amended to read:
19 497.374 Funeral directing; licensure as a funeral
20 director by endorsement; licensure of a temporary funeral
21 director.--
22 (1) The licensing authority shall issue a license by
23 endorsement to practice funeral directing to an applicant who
24 has remitted a fee set by rule of the licensing authority not
25 to exceed $200 and who:
26 (b)1. Holds a valid license to practice funeral
27 directing in another state of the United States, provided
28 that, when the applicant secured her or his original license,
29 the requirements for licensure were substantially equivalent
30 to or more stringent than those existing in this state; or
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2856
580-2333-07
1 2. Meets the qualifications for licensure in s.
2 497.373 and has, within 10 years prior to the date of
3 application, successfully completed a state, regional, or
4 national examination in mortuary science, which, as determined
5 by rule of the licensing authority, is substantially
6 equivalent to or more stringent than the examination given by
7 the licensing authority.
8 Section 10. Subsection (1) of section 497.550, Florida
9 Statutes, is amended to read:
10 497.550 Licensure of monument establishments required;
11 procedures and criteria.--
12 (1) LICENSE REQUIRED.--No person shall conduct,
13 maintain, manage, or operate a monument establishment in this
14 state unless the monument establishment is licensed pursuant
15 to this part.
16 (a) The two categories of monument establishment
17 licensure available in this state are:
18 1. Monument builder.
19 2. Monument retailer dealer.
20 (b) An applicant for licensure as a monument
21 establishment shall designate on the application form the
22 category of monument establishment licensure for which he or
23 she is applying.
24 (c) Each monument establishment that is licensed under
25 this chapter at 11:59 p.m. on September 30, 2005, is, on and
26 after October 1, 2005, licensed as a monument retailer dealer
27 subject to the requirements of this chapter. A person who
28 becomes licensed as a monument retailer dealer by operation of
29 this paragraph may apply to the board for licensure as a
30 monument builder and, upon payment of applicable application
31 fees and the granting of such application and licensure as a
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2856
580-2333-07
1 monument builder, such person's licensure as a monument
2 retailer dealer will expire.
3 (d) The requirements of this chapter apply to both
4 monument retailers dealers and monument builders, except as
5 provided in this paragraph. Each monument establishment shall
6 be a physical structure that is located at a specific street
7 address, in compliance with zoning regulations of the
8 appropriate local government, and not located on property that
9 is exempt from taxation, but a monument retailer dealer may
10 not otherwise be required to comply with s. 497.552 or be
11 subject to inspection under this chapter.
12 (e) A monument establishment that is not licensed
13 under the monument-builder category is not eligible for a
14 preneed sales license.
15 Section 11. Section 497.609, Florida Statutes, is
16 created to read:
17 497.609 Liability of direct disposers, direct disposal
18 establishments, funeral directors, funeral establishments, and
19 cinerator facilities regarding cremation.--If a direct
20 disposer, direct disposal establishment, funeral director,
21 funeral establishment, or cinerator facility is given a copy
22 of the deceased's declaration of intent to be cremated that is
23 signed by the deceased and the deceased's human remains are
24 subsequently cremated, or a court order directing the
25 cremation of the deceased's human remains, no person may make
26 a claim objecting to the cremation against that direct
27 disposer, direct disposal establishment, funeral director,
28 funeral establishment, or cinerator facility. If a direct
29 disposer, direct disposal establishment, funeral director,
30 funeral establishment, or cinerator facility performs a
31 cremation pursuant to the authorization of a legally
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2856
580-2333-07
1 authorized person who represents that she or he is not aware
2 of any objection to the cremation of the deceased's human
3 remains by others in the same class of the person making the
4 representation or of any person in a higher priority class,
5 and the deceased's human remains are subsequently cremated, no
6 person may make a claim objecting to the cremation against
7 that direct disposer, direct disposal establishment, funeral
8 director, funeral establishment, or cinerator facility.
9 Section 12. Subsections (5) through (14) of section
10 553.36, Florida Statutes, are renumbered as subsections (6)
11 through (15), respectively, present subsections (15) and (16)
12 are renumbered as subsections (17) and (18), respectively, and
13 new subsections (5) and (16) are added to that section, to
14 read:
15 553.36 Definitions.--The definitions contained in this
16 section govern the construction of this part unless the
17 context otherwise requires.
18 (5) "Columbarium" means a structure or building that
19 is substantially exposed above the ground and that is intended
20 to be used for the inurnment of cremated remains.
21 (16) "Private mausoleum" means a mausoleum as defined
22 in s. 497.005(40) for the private use of a family or group of
23 family members.
24 Section 13. Paragraphs (j) and (k) are added to
25 subsection (9) of section 553.73, Florida Statutes, to read:
26 553.73 Florida Building Code.--
27 (9) The following buildings, structures, and
28 facilities are exempt from the Florida Building Code as
29 provided by law, and any further exemptions shall be as
30 determined by the Legislature and provided by law:
31 (j) Prefabricated or pre-assembled columbaria.
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2856
580-2333-07
1 (k) Prefabricated or pre-assembled private mausoleums
2 that are not walk-in.
3
4 With the exception of paragraphs (a), (b), (c), and (f), in
5 order to preserve the health, safety, and welfare of the
6 public, the Florida Building Commission may, by rule adopted
7 pursuant to chapter 120, provide for exceptions to the broad
8 categories of buildings exempted in this section, including
9 exceptions for application of specific sections of the code or
10 standards adopted therein. The Department of Agriculture and
11 Consumer Services shall have exclusive authority to adopt by
12 rule, pursuant to chapter 120, exceptions to nonresidential
13 farm buildings exempted in paragraph (c) when reasonably
14 necessary to preserve public health, safety, and welfare. The
15 exceptions must be based upon specific criteria, such as
16 under-roof floor area, aggregate electrical service capacity,
17 HVAC system capacity, or other building requirements. Further,
18 the commission may recommend to the Legislature additional
19 categories of buildings, structures, or facilities which
20 should be exempted from the Florida Building Code, to be
21 provided by law.
22 Section 14. Subsection (14) of section 316.515,
23 Florida Statutes, is amended to read:
24 316.515 Maximum width, height, length.--
25 (14) MANUFACTURED BUILDINGS.--The Department of
26 Transportation may, in its discretion and upon application and
27 good cause shown therefor that the same is not contrary to the
28 public interest, issue a special permit for truck
29 tractor-semitrailer combinations where the total number of
30 overwidth deliveries of manufactured buildings, as defined in
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2856
580-2333-07
1 s. 553.36(13) s. 553.36(12), may be reduced by permitting the
2 use of an overlength trailer of no more than 54 feet.
3 Section 15. Paragraph (a) of subsection (1) and
4 subsection (5) of section 627.702, Florida Statutes, are
5 amended to read:
6 627.702 Valued policy law.--
7 (1)(a) In the event of the total loss of any building,
8 structure, mobile home as defined in s. 320.01(2), or
9 manufactured building as defined in s. 553.36(13) s.
10 553.36(12), located in this state and insured by any insurer
11 as to a covered peril, in the absence of any change increasing
12 the risk without the insurer's consent and in the absence of
13 fraudulent or criminal fault on the part of the insured or one
14 acting in her or his behalf, the insurer's liability under the
15 policy for such total loss, if caused by a covered peril,
16 shall be in the amount of money for which such property was so
17 insured as specified in the policy and for which a premium has
18 been charged and paid.
19 (5) This section does not apply as to personal
20 property or any interest therein, except with respect to
21 mobile homes as defined in s. 320.01(2) or manufactured
22 buildings as defined in s. 553.36(13) s. 553.36(12). Nor does
23 this section apply to coverage of an appurtenant structure or
24 other structure or any coverage or claim in which the dollar
25 amount of coverage available as to the structure involved is
26 not directly stated in the policy as a dollar amount
27 specifically applicable to that particular structure.
28 Section 16. This act shall take effect July 1, 2007.
29
30
31
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2856
580-2333-07
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2856
3
4 The committee substitute (CS) amends s. 497.101(3), F.S., to
reference "monument builder" instead of "monument dealer."
5
The CS amends s. 497.101, F.S., to prohibit any officer,
6 administrator, or board member, firm, corporation,
partnership, or association that is regulated under chs. 395,
7 400, or 429, F.S., from operating or owning an entity licensed
under ch. 497, F.S. It also changes the condition for the
8 exemption that the board member must serve in a voluntary
capacity, receive no remuneration and have no financial
9 interest and have no family member with a financial interest
in the regulated corporation or organization.
10
The CS amends s. 497.143, F.S., to include within the meaning
11 of the term "critical need" a request from the director of the
Division of Emergency Management; a request from the Florida
12 Emergency Mortuary Operations Response System; a request from
any district medical examiner; or activation of the state
13 continuity of operations plan. It requires all limited
licensees to work for an entity licensed under ch. 497, F.S.
14
The CS amends s. 497.162, F.S., to remove the provision
15 authorizing that the communicable disease course for
non-licensed operational personnel may be on the Internet. It
16 provides that non-licensed operational personnel must complete
the required course once every six years.
17
The CS removes the provision creating s. 497.279, F.S.,
18 relating to minimum standards for all newly installed
monuments and markers.
19
The CS amends s. 497.273, F.S. to permit deceased persons to
20 be interned or entombed with the cremated inurned remains of
their pets.
21
The CS revises the provisions relating to limiting claims
22 against certain licensees for cremating bodies and it provides
a definition of private mausoleum.
23
The CS amends s. 627.702, F.S., to correct a cross reference
24 to s. 553.36(13), F.S.
25
26
27
28
29
30
31
15
CODING: Words stricken are deletions; words underlined are additions.