HB 389

1	A bill to be entitled
2	An act relating to the Florida Funeral, Cemetery, and
3	Consumer Services Act; amending s. 497.141, F.S.;
4	prohibiting the issuance or renewal of a license to an
5	applicant that has specified criminal records under
6	certain circumstances and providing exceptions; limiting
7	the issuance of funeral director apprentice licenses to
8	natural persons; amending s. 497.142, F.S.; requiring an
9	applicant for renewal of a license to disclose certain
10	criminal records; requiring an applicant for issuance or
11	renewal of a license to disclose certain criminal pleas;
12	requiring a licensing authority of the Department of
13	Financial Services to adopt rules for the disclosure of
14	criminal records; authorizing an exception from disclosure
15	requirements for previously disclosed criminal records;
16	amending s. 497.143, F.S.; revising legislative intent;
17	authorizing the licensing authority to adopt rules for the
18	issuance of limited licenses to certain persons licensed
19	outside the state; revising eligibility and application
20	requirements for a limited license; amending s. 497.147,
21	F.S.; deleting limits on the continuing education credit
22	provided for attendance at meetings of the Board of
23	Funeral, Cemetery, and Consumer Services; amending s.
24	497.152, F.S.; providing that certain criminal pleas are a
25	ground for denial of an application or discipline of a
26	licensee under chapter 497, F.S.; amending s. 497.162,
27	F.S.; revises which nonlicensed personnel are required to
28	complete a course on communicable diseases; extending time
29	for completion of the course; amending s. 497.166, F.S.;
30	conforming terminology to changes made by the act;
31	amending s. 497.277, F.S.; authorizing a cemetery company
32	to charge a fee for performing certain duties related to a
33	cemetery sales contract; requiring disclosure of the
34	charges; exempting charges from certain trust deposit
35	requirements; amending s. 497.371, F.S.; conforming
36	provisions; amending s. 497.373, F.S.; adding a specified
37	course as an option for satisfying certain educational
38	requirements of a funeral director license; adding
39	completion of an apprenticeship program as an option to
40	satisfy the internship requirement of a funeral director
41	license; revising requirements for supervision of
42	provisional licensees; amending s. 497.374, F.S.;
43	requiring that the general supervision provided for a
44	licensed temporary funeral director comply with the
45	definition provided by the act; amending s. 497.375, F.S.;
46	providing definitions of the terms "direct supervision"
47	and "general supervision"; revising application
48	requirements for licensure as a funeral director intern;
49	revising requirements for supervision of funeral director
50	interns; creating s. 497.3755, F.S.; requiring the
51	licensing authority to establish a funeral director
52	apprenticeship program and adopt procedures and criteria
53	for the approval of funeral director apprentice training
54	agencies and supervisors; authorizing certain funeral
55	establishments to apply for approval as apprentice
56	training agencies; authorizing approved intern training
57	agencies to serve as apprentice training agencies;
58	providing for supervision of the training and reporting of
59	training activities; providing the maximum number of
60	apprentices that may be trained by an apprentice training
61	agency; prohibiting certain fees; providing eligibility
62	and application requirements for a funeral director
63	apprentice license; authorizing fees; providing validity
64	period of license; prohibiting renewal of license except
65	under certain circumstances; providing for supervision of
66	funeral director apprentices; amending s. 497.378, F.S.;
67	conforming the continuing education requirements for
68	funeral directors and embalmers to the repeal by the act
69	of provisions requiring a course on HIV and AIDS;
70	authorizing the licensing authority to adopt rules for the
71	renewal of funeral director and embalmer licenses;
72	amending s. 497.380, F.S.; providing duties of a funeral
73	director in charge of a funeral establishment; requiring a
74	funeral director to have an embalmer license under certain
75	circumstances; creating s. 497.4555, F.S.; authorizing a
76	preneed licensee to charge a fee for performing certain
77	duties related to a preneed contract; requiring disclosure
78	of the charges; exempting charges from certain trust
79	deposit requirements; amending s. 497.464, F.S.; deleting
80	a requirement that trust payments for a preneed contract
81	be deposited in this state; requiring that funds
82	discharging a preneed contract be disbursed from the trust
83	under certain circumstances; amending s. 497.602, F.S.;
84	revising the course requirements for a direct disposer
85	license; adding passage of a college credit ethics course
86	to the course requirements; amending s. 497.603, F.S.;
87	requiring the licensing authority to adopt rules for the
88	renewal of direct disposer licenses; requiring a course on
89	communicable diseases; conforming the continuing education
90	requirements for direct disposers to the repeal by the act
91	of provisions requiring a course on HIV and AIDS; amending
92	s. 497.604, F.S.; requiring a direct disposal
93	establishment to have a licensed funeral director act as
94	the direct disposer in charge and providing exceptions;
95	repealing s. 497.367, F.S., relating to a continuing
96	education course required for funeral directors and
97	embalmers on HIV and AIDS; providing effective dates.
98
99	Be It Enacted by the Legislature of the State of Florida:
100
101	Section 1.  Subsection (5) and paragraph (a) of subsection
102	(12) of section 497.141, Florida Statutes, are amended to read:
103	497.141  Licensing; general application procedures.--
104	(5)(a)  The department may not issue or renew a license
105	under this chapter to an applicant that has a criminal record
106	required to be disclosed under s. 497.142(10) unless the
107	applicant demonstrates by clear and convincing evidence that the
108	applicant is rehabilitated and, if the license is issued, will
109	not create a threat to the public. This paragraph does not apply
110	to a criminal record disclosed to the department under s.
111	497.142(10) before the issuance or renewal of a license on or
112	before June 30, 2009.
113	(b)  The board may refuse to rule on an initial application
114	for licensure by any applicant who is under investigation or
115	prosecution in any jurisdiction for an action which there is
116	reasonable cause to believe would constitute a violation of this
117	chapter if committed in this state, until such time as such
118	investigation or prosecution is completed and the results of the
119	investigation or prosecution are reviewed by the board.
120	(12)(a)  The following licenses may only be applied for and
121	issued to a natural person:
122	1.  Embalmer apprentice.
123	2.  Embalmer intern.
124	3.  Funeral director intern.
125	4.  Funeral director apprentice.
126	5.4.  Funeral director.
127	6.5.  Funeral director and embalmer.
128	7.6.  Direct disposer.
129	8.7.  Monument establishment sales agent.
130	9.8.  Preneed sales agent.
131	Section 2.  Paragraphs (a), (b), and (g) of subsection (10)
132	of section 497.142, Florida Statutes, are amended to read:
133	497.142  Licensing; fingerprinting and criminal background
134	checks.--
135	(10)(a)  When applying for any license, or renewal of any
136	license, under this chapter, every applicant must shall be
137	required to disclose the applicant's criminal records in
138	accordance with this subsection.
139	(b)  The criminal record required to be disclosed shall be
140	any crime listed in paragraph (c) for of which the person or
141	entity required to make disclosure has been convicted or to
142	which that person or entity entered a plea in the nature of
143	guilty or no contest. Disclosure is shall be required pursuant
144	to this subsection regardless of whether adjudication is was
145	entered or withheld by the court in which the case was
146	prosecuted.
147	(g)  The licensing authority shall may adopt rules
148	specifying forms and procedures to be used utilized by persons
149	required to disclose criminal records under this subsection. The
150	rules may require a licensee to disclose only those criminal
151	records that have not previously been disclosed under this
152	subsection at the renewal of his or her license or, if the
153	license has not been renewed, at the initial issuance of the
154	license. The licensing authority may conduct investigation and
155	further inquiry of any person regarding any criminal record
156	disclosed pursuant to this section.
157	Section 3.  Subsections (1), (2), and (3) of section
158	497.143, Florida Statutes, are amended to read:
159	497.143  Licensing; limited licenses for times of critical
160	need retired professionals.--
161	(1)  It is the intent of the Legislature that, absent a
162	threat to the health, safety, and welfare of the public, the use
163	of retired Florida licensees professionals in good standing and
164	active licensees in good standing from other jurisdictions, be
165	able to serve this state during times of critical need should be
166	encouraged. To that end, rules may be adopted to permit practice
167	by retired professionals as limited licensees under this
168	section.
169	(2)  As used in For purposes of this section, the term
170	"critical need" means an executive order of from the Governor or
171	a federal order declaring that a state of emergency exists in an
172	area.
173	(3)  The licensing authority may adopt rules for the
174	issuance of limited licenses in accordance with this section. A
175	Any person seeking desiring to obtain a limited license, when
176	permitted by rule, shall submit to the department an application
177	and fee, not to exceed $300, and an affidavit stating that the
178	applicant is a retired Florida licensee or holds an active
179	license has been licensed to practice in another any
180	jurisdiction of in the United States for at least 10 years in
181	the profession for which the applicant seeks the a limited
182	license. The affidavit shall also state that the applicant has
183	retired from the practice of that profession and intends to
184	practice only pursuant to the restrictions of the limited
185	license granted under pursuant to this section. If the applicant
186	for a limited license submits a notarized statement from the
187	employer stating that the applicant will not receive monetary
188	compensation for any service involving the practice of her or
189	his profession, all licensure fees shall be waived. In no event
190	may A person holding a limited license under this section may
191	not engage in preneed sales under the such limited license.
192	Section 4.  Subsection (5) of section 497.147, Florida
193	Statutes, is amended to read:
194	497.147  Continuing education; general provisions.--
195	(5)  The board may by rule provide up to 5 hours of
196	continuing education credit for each per continuing education
197	reporting period for licensees attending board meetings or
198	selected types or portions of board meetings, as specified by
199	such rules. The rules may limit the number of times such credit
200	may be utilized by a licensee. The rules may include provisions
201	that establish as to the minimum amount of time that must be
202	spent in the board meeting room viewing proceedings, which may
203	be more than 5 hours of attendance, requirements for advance
204	notice by licensees to department staff of proposed attendance,
205	requirements to sign in and out of the meeting room on lists
206	maintained at the meeting site by department staff, forms that
207	must be completed by the licensee to obtain such credit, and
208	such other requirements deemed by the board to be advisable or
209	necessary to prevent abuse of such rules and to ensure that
210	useful information is obtained by licensees as a result of
211	attendance. Procedural requirements of such rules requiring
212	action by the department are shall be subject to approval by the
213	department before prior to promulgation.
214	Section 5.  Subsection (2) of section 497.152, Florida
215	Statutes, is amended to read:
216	497.152  Disciplinary grounds.--This section sets forth
217	conduct that is prohibited and that shall constitute grounds for
218	denial of any application, imposition of discipline, or other
219	enforcement action against the licensee or other person
220	committing such conduct. For purposes of this section, the
221	requirements of this chapter include the requirements of rules
222	adopted under authority of this chapter. No subsection heading
223	in this section shall be interpreted as limiting the
224	applicability of any paragraph within the subsection.
225	(2)  CRIMINAL ACTIVITY.--Being convicted or found guilty
226	of, or entering a plea of guilty or nolo contendere to,
227	regardless of adjudication, a crime in any jurisdiction that
228	relates to the practice of, or the ability to practice, a
229	licensee's profession or occupation under this chapter.
230	Section 6.  Section 497.162, Florida Statutes, is amended
231	to read:
232	497.162  Health and safety education.--All individuals not
233	licensed under this chapter who intend to be employed as
234	operational personnel affiliated with a direct disposal
235	establishment, cinerator facility, removal service,
236	refrigeration facility, or centralized embalming facility who
237	have direct contact with, as well as all nonlicensed individuals
238	who intend to be involved in the removal or transportation of
239	human remains on behalf of a funeral establishment, direct
240	disposal establishment, or cinerator facility shall complete one
241	course approved by the licensing authority on communicable
242	diseases, within 30 10 days after the date that they begin
243	functioning as operational personnel on behalf of any entity
244	that is regulated by this chapter. The course shall not exceed 3
245	hours and shall be offered at approved locations throughout the
246	state. Such locations may include establishments that are
247	licensed under this chapter. The licensing authority shall adopt
248	rules to implement and enforce this provision, which rules shall
249	include provisions that provide for the use of approved
250	videocassette courses and other types of audio, video, Internet,
251	or home study courses to fulfill the continuing education
252	requirements of this section.
253	Section 7.  Effective July 1, 2010, paragraphs (a) and (b)
254	of subsection (3) of section 497.166, Florida Statutes, are
255	amended to read:
256	497.166  Preneed sales.--
257	(3)(a)  The funeral director in charge of a funeral
258	establishment is shall be responsible for the control and
259	activities of the establishment's preneed sales agents.
260	(b)  The direct disposer in charge or a funeral director
261	acting as the a direct disposer in charge of a direct disposal
262	establishment is shall be responsible for the control and
263	activities of the establishment's preneed sales agents.
264	Section 8.  Subsection (6) is added to section 497.277,
265	Florida Statutes, to read:
266	497.277  Other charges.--Other than the fees for the sale
267	of burial rights, burial merchandise, and burial services, no
268	other fee may be directly or indirectly charged, contracted for,
269	or received by a cemetery company as a condition for a customer
270	to use any burial right, burial merchandise, or burial service,
271	except for:
272	(6)  Charges paid for processing, filing, and archiving a
273	cemetery sales contract and for performing other administrative
274	duties related to the contract. A cemetery company must disclose
275	the charges to the customer and include the charges on its
276	standard printed price lists and other disclosure information
277	provided to the public under s. 497.282. Charges paid under this
278	subsection are not subject to the trust deposit requirements in
279	s. 497.458.
280	Section 9.  Section 497.371, Florida Statutes, is amended
281	to read:
282	497.371  Embalmers; establishment of embalmer
283	apprenticeship apprentice program.--The licensing authority
284	shall adopt adopts rules establishing an embalmer apprenticeship
285	apprentice program. An embalmer apprentice may perform only
286	those tasks, functions, and duties relating to embalming which
287	are performed under the direct supervision of an embalmer who
288	has an active, valid license under s. 497.368 or s. 497.369. An
289	embalmer apprentice is shall be eligible to serve as in an
290	apprentice capacity for up to a period not to exceed 3 years as
291	may be determined by licensing authority rule or for up to a
292	period not to exceed 5 years if the apprentice is enrolled in
293	and attending a course in mortuary science or funeral service
294	education at any mortuary college or funeral service education
295	college or school. An embalmer apprentice shall be licensed upon
296	payment of a licensure fee as determined by licensing authority
297	rule but not to exceed $200.
298	Section 10.  Paragraph (d) of subsection (1), paragraph (b)
299	of subsection (2), and subsection (3) of section 497.373,
300	Florida Statutes, are amended to read:
301	497.373  Funeral directing; licensure as a funeral director
302	by examination; provisional license.--
303	(1)  Any person desiring to be licensed as a funeral
304	director shall apply to the licensing authority to take the
305	licensure examination. The licensing authority shall examine
306	each applicant who has remitted an examination fee set by rule
307	of the licensing authority not to exceed $200 plus the actual
308	per applicant cost to the licensing authority for portions of
309	the examination and who the licensing authority certifies has:
310	(d)1.  Received an associate in arts degree, associate in
311	science degree, or an associate in applied science degree in
312	mortuary science approved by the licensing authority; or
313	2.  Holds an associate degree or higher from a college or
314	university accredited by a regional association of colleges and
315	schools recognized by the United States Department of Education
316	and is a graduate of at least an approved 1-year course in
317	mortuary science or funeral service arts approved by the
318	licensing authority.
319	(2)  The licensing authority shall license the applicant as
320	a funeral director if she or he:
321	(b)  Completes a 1-year internship, or a 2-year funeral
322	director apprenticeship completed in eight consecutive calendar
323	quarters, under a licensed funeral director.
324	(3)  Any applicant who has completed the required 1-year
325	internship and has been approved for examination as a funeral
326	director may qualify for a provisional license to work in a
327	licensed funeral establishment, under the direct supervision of
328	a licensed funeral director for a limited period of 6 months as
329	provided by rule of the licensing authority. However, a
330	provisional licensee may work under the general supervision as
331	defined in s. 497.375 of a licensed funeral director upon
332	passage of an examination prepared by the department on the
333	local, state, and federal laws and rules relating to the
334	disposition of dead human bodies. The fee for provisional
335	licensure shall be set by rule of the licensing authority but
336	may not exceed $200. The fee required in this subsection shall
337	be nonrefundable and in addition to the fee required by
338	subsection (1). This provisional license may be renewed no more
339	than one time.
340	Section 11.  Subsection (5) of section 497.374, Florida
341	Statutes, is amended to read:
342	497.374  Funeral directing; licensure as a funeral director
343	by endorsement; licensure of a temporary funeral director.--
344	(5)  The licensing authority may adopt There may be adopted
345	rules authorizing an applicant who has met the requirements of
346	paragraphs (1)(b) and (c) and who is awaiting an opportunity to
347	take the examination required by subsection (4) to obtain a
348	license as a temporary funeral director. A licensed temporary
349	funeral director may work as a funeral director in a licensed
350	funeral establishment under the general supervision as defined
351	in s. 497.375 of a funeral director licensed under subsection
352	(1) or s. 497.373. The Such license shall expire 60 days after
353	the date of the next available examination required under
354	subsection (4); however, the temporary license may be renewed
355	one time under the same conditions as initial issuance. The fee
356	for initial issuance or renewal of a temporary license under
357	this subsection shall be set by rule of the licensing authority
358	but may not exceed $200. The fee required in this subsection
359	shall be nonrefundable and in addition to the fee required in
360	subsection (1).
361	Section 12.  Section 497.375, Florida Statutes, is amended
362	to read:
363	497.375  Funeral directing; licensure of a funeral director
364	intern.--
365	(1)  As used in this section, the term:
366	(a)  "Direct supervision" means supervision by a licensed
367	funeral director who provides both initial direction and
368	periodic inspection of the arrangements and who is physically
369	present or on the premises of the funeral establishment at all
370	times when the tasks, functions, and duties relating to funeral
371	directing are performed.
372	(b)  "General supervision" means supervision by a licensed
373	funeral director who is reasonably available and in a position
374	to provide direction and guidance by being physically present,
375	being on the premises of the funeral establishment, or being
376	available telephonically or by electronic communication at all
377	times when the tasks, functions, and duties relating to funeral
378	directing are performed.
379	(2)(1)  Any person desiring to become a funeral director
380	intern must apply to the licensing authority shall make
381	application on forms prescribed as required by rule of the
382	licensing authority, together with a nonrefundable fee set as
383	determined by rule of the licensing authority but not to exceed
384	$200. The application shall include indicate the name and
385	address of the licensed funeral director licensed under s.
386	497.373 or s. 497.374(1) under whose supervision the intern will
387	receive training and the name of the licensed funeral
388	establishment where the such training will is to be conducted. A
389	The funeral director intern may perform only the tasks,
390	functions, and duties relating to funeral directing that are
391	performed shall intern under the direct supervision of a
392	licensed funeral director who has an active, valid license under
393	s. 497.373 or s. 497.374(1). However, a funeral director intern
394	may perform those tasks, functions, and duties under the general
395	supervision of a licensed funeral director if the intern passes
396	an examination prepared by the department on the local, state,
397	and federal laws and rules relating to the disposition of dead
398	human bodies and the funeral director in charge of the funeral
399	director internship training agency, after 6 months of direct
400	supervision, certifies to the licensing agency that the intern
401	is competent to complete the internship under general
402	supervision.
403	(3)(2)  Rules shall be adopted establishing a funeral
404	director internship program and criteria for funeral director
405	intern training agencies and supervisors. Any funeral
406	establishment where funeral directing is conducted may apply to
407	the licensing authority for approval as a funeral director
408	intern training agency.
409	(4)(3)  A funeral establishment designated as a funeral
410	director intern training agency may not exact a fee from any
411	person obtaining intern training at such funeral establishment.
412	Section 13.  Section 497.3755, Florida Statutes, is created
413	to read:
414	497.3755  Funeral directing; establishment of funeral
415	director apprenticeship program; licensure of a funeral director
416	apprentice.--
417	(1)(a)  The licensing authority shall adopt rules
418	establishing a funeral director apprenticeship program. The
419	rules shall include procedures and criteria for the licensing
420	authority's approval of funeral director apprentice training
421	agencies and supervisors. The procedures shall allow a funeral
422	establishment at which funeral directing is practiced to apply
423	for approval as an apprentice training agency. A funeral
424	director intern training agency approved by the licensing
425	authority under s. 497.375 is authorized to serve as an
426	apprentice training agency.
427	(b)  Training provided under the funeral director
428	apprenticeship program must be provided by a funeral director
429	apprentice training agency and must be supervised by a funeral
430	director in good standing who is licensed in this state. The
431	licensing authority shall adopt rules prescribing procedures for
432	funeral director apprentice training agencies to document the
433	training of funeral director apprentices. The rules shall
434	require the funeral director who supervises the training of a
435	funeral director apprentice to submit a written report to the
436	licensing authority that certifies the apprentice's training
437	activities supervised during the preceding calendar quarter. If
438	a funeral director apprentice is supervised by more than one
439	funeral director, each funeral director supervising the
440	apprentice must submit the report and certify the dates and
441	training activities supervised during the preceding calendar
442	quarter. The licensed funeral director in charge of the training
443	agency and the funeral director apprentice must also certify the
444	reports. The rules shall also require that the quarterly reports
445	be filed with the licensing authority by the 20th day of the
446	month following the preceding calendar quarter.
447	(c)  A funeral director apprentice training agency may not
448	employ more than one funeral director apprentice for each
449	licensed full-time funeral director employed by the training
450	agency.
451	(d)  A funeral establishment designated as a funeral
452	director apprenticeship training agency may not charge a fee
453	from any person obtaining apprentice training at the funeral
454	establishment.
455	(2)  Any person desiring to become a funeral director
456	apprentice must apply to the licensing authority on forms
457	prescribed by rule of the licensing authority, together with a
458	nonrefundable fee set by rule of the licensing authority not to
459	exceed $300. The application shall include the name and address
460	of the funeral director licensed under s. 497.373 or s.
461	497.374(1) under whose supervision the funeral director
462	apprentice will receive training and the name of the licensed
463	funeral establishment where the training will be conducted. The
464	licensing authority shall issue a funeral director apprentice
465	license to a person that the licensing authority certifies:
466	(a)  Has completed the application form, remitted the fee
467	required under this subsection, and complied with s. 497.141.
468	(b)  Has met the requirements in s. 497.373(1)(b), (c), and
469	(e) for licensure as a funeral director.
470	(c)  Holds an associate or higher degree from a college or
471	university accredited by a regional accrediting agency
472	recognized by the United States Department of Education.
473	(d)  Has taken and received a passing grade in a college
474	credit course in mortuary law, has taken and received a passing
475	grade in a college credit course in ethics, and is enrolled in
476	and attending a course in mortuary science or funeral service
477	education at a college or school that is approved by the
478	licensing authority and accredited by the American Board of
479	Funeral Service Education.
480	(e)  The applicant complies or, before practicing under the
481	license, will comply with all requirements of this chapter
482	relating to the license.
483
484	The licensing authority may not issue a license under this
485	subsection to an applicant who is under investigation or
486	prosecution in any jurisdiction for acts that would constitute a
487	violation of this chapter until the investigation or prosecution
488	is complete.
489	(3)  A funeral director apprentice license is valid for 2
490	years and may not be renewed. However, if a funeral director
491	apprentice does not complete the apprenticeship training due to
492	personal injury or illness, the licensing authority may allow
493	the apprentice to reregister upon payment of a nonrefundable fee
494	set by rule of the licensing authority not to exceed $150, if
495	the apprentice reregisters within 1 year after the apprentice
496	was injured or became ill.
497	(4)  A funeral director apprentice may perform only the
498	tasks, functions, and duties relating to funeral directing that
499	are performed under the direct supervision as defined in s.
500	497.375 of a funeral director who has an active, valid license
501	under s. 497.373 or s. 497.374(1). However, a funeral director
502	apprentice may perform those tasks, functions, and duties under
503	the general supervision as defined in s. 497.375 of a licensed
504	funeral director if the apprentice passes an examination
505	prepared by the department on the local, state, and federal laws
506	and rules relating to the disposition of dead human bodies and
507	the funeral director in charge of the funeral director
508	apprenticeship training agency, after 6 months of direct
509	supervision, certifies to the licensing agency that the
510	apprentice is competent to complete the apprenticeship under
511	general supervision.
512	Section 14.  Subsection (1) of section 497.378, Florida
513	Statutes, is amended to read:
514	497.378  Renewal of funeral director and embalmer
515	licenses.--
516	(1)  The licensing authority There shall renew be renewed a
517	funeral director or embalmer license upon receipt of the renewal
518	application and fee set by the licensing authority, not to
519	exceed $500. The licensing authority may adopt rules for the
520	renewal of a funeral director or embalmer license. The rules may
521	require prescribe by rule continuing education requirements of
522	up to 12 classroom hours and may by rule establish criteria for
523	accepting alternative nonclassroom continuing education on an
524	hour-for-hour basis, in addition to a licensing authority-
525	approved course on communicable diseases that includes the
526	course on human immunodeficiency virus and acquired immune
527	deficiency syndrome required by s. 497.367, for the renewal of a
528	funeral director or embalmer license. The rules rule may also
529	provide for the waiver of continuing education requirements in
530	circumstances that would justify the waiver, such as hardship,
531	disability, or illness. The continuing education requirement is
532	not required for a licensee who is over the age of 75 years if
533	the licensee does not qualify as the sole person in charge of an
534	establishment or facility.
535	Section 15.  Subsection (7) of section 497.380, Florida
536	Statutes, is amended to read:
537	497.380  Funeral establishment; licensure.--
538	(7)  Each licensed funeral establishment shall have one
539	full-time funeral director in charge and shall have a licensed
540	funeral director reasonably available to the public during
541	normal business hours for the that establishment. The full-time
542	funeral director in charge is responsible for ensuring that the
543	facility, its operation, and all persons employed in the
544	facility comply with all applicable state and federal laws. The
545	full-time funeral director in charge must have an active license
546	and may not be the full-time funeral director in charge of any
547	other funeral establishment or of any other direct disposal
548	establishment. The full-time funeral director in charge of a
549	licensed funeral establishment that maintains a preparation room
550	and performs embalming must hold an active, valid embalmer
551	license.
552	Section 16.  Section 497.4555, Florida Statutes, is created
553	to read:
554	497.4555  Charges for preneed contract.--A preneed licensee
555	may charge the purchaser of a preneed contract for processing,
556	filing, and archiving the contract and for performing other
557	administrative duties related to the contract. A preneed
558	licensee must disclose the charges to the purchaser and include
559	the charges on its standard printed price lists and other
560	disclosure information provided to the public under s. 497.468.
561	Charges paid under this section are not subject to the trust
562	deposit requirements in s. 497.458.
563	Section 17.  Subsections (3) and (7) of section 497.464,
564	Florida Statutes, are amended to read:
565	497.464  Alternative preneed contracts.--
566	(3)  The contract must require that the purchaser make all
567	payments required by the contract directly to the trustee or its
568	qualified servicing agent and that the funds shall be deposited
569	in this state, subject to the terms of a trust instrument
570	approved by the licensing authority. The licensing authority may
571	adopt rules establishing procedures and forms for the submission
572	of trust instruments for approval by the licensing authority,
573	establishing criteria for the approval of such trust
574	instruments, and specifying information required to be provided
575	by the applicant in connection with submission of a trust
576	instrument for approval. A copy of the trust instrument shall be
577	made available to the purchaser, at any reasonable time, upon
578	request.
579	(7)  The trustee shall disburse Disbursement of funds
580	discharging a any preneed contract shall be made by the trustee
581	to the person issuing or writing the such contract upon the
582	trustee's receipt of a certified copy of the contract
583	beneficiary's death certificate or satisfactory of the contract
584	beneficiary and evidence, as the licensing authority shall
585	define by rule, satisfactory to the trustee that the preneed
586	contract has been fully performed at least in part. In the event
587	of any contract default by the contract purchaser, or in the
588	event that the funeral merchandise or service contracted for is
589	not provided or is not desired by the purchaser or the heirs or
590	personal representative of the contract beneficiary, the trustee
591	shall return, within 30 days after its receipt of a written
592	request therefor, funds paid on the contract to the contract
593	purchaser or to her or his assigns, heirs, or personal
594	representative, subject to the lawful liquidation damage
595	provision in the contract.
596	Section 18.  Paragraph (b) of subsection (3) of section
597	497.602, Florida Statutes, is amended to read:
598	497.602  Direct disposers, license required; licensing
599	procedures and criteria; regulation.--
600	(3)  ACTION CONCERNING APPLICATIONS.--A duly completed
601	application for licensure under this section, accompanied by the
602	required fees, shall be approved if the licensing authority
603	determines that the following conditions are met:
604	(b)  The applicant has taken and received a passing grade
605	in a college credit course in Florida mortuary law and has taken
606	and received a passing grade in a college credit course in
607	ethics.
608	Section 19.  Subsection (2) of section 497.603, Florida
609	Statutes, is amended to read:
610	497.603  Direct disposers, renewal of license.--
611	(2)  The licensing authority There shall adopt be adopted
612	rules establishing procedures, forms, and a schedule and forms
613	and procedure for the biennial renewal of direct disposer
614	licenses as direct disposers. The rules There shall require be
615	adopted by rule continuing education requirements of up to 6
616	classroom hours, including, but not limited to, a course on
617	communicable diseases approved by the licensing authority, and
618	there may establish by rule be established criteria for
619	accepting alternative nonclassroom continuing education on an
620	hour-for-hour basis, in addition to an approved course on
621	communicable diseases that includes the course on human
622	immunodeficiency virus and acquired immune deficiency syndrome
623	required by s. 497.367, for the renewal of a license as a direct
624	disposer.
625	Section 20.  Paragraph (c) of subsection (2), subsection
626	(8), and paragraph (d) of subsection (9) of section 497.604,
627	Florida Statutes, are amended to read:
628	497.604  Direct disposal establishments, license required;
629	licensing procedures and criteria; license renewal;
630	regulation.--
631	(2)  APPLICATION PROCEDURES.--
632	(c)  The application shall name the licensed direct
633	disposer or licensed funeral director who will be acting as the
634	a direct disposer in charge of the direct disposal
635	establishment.
636	(8)  SUPERVISION OF FACILITIES.--
637	(a)  Effective October 1, 2009, each direct disposal
638	establishment shall have one full-time licensed direct disposer
639	or licensed funeral director acting as the a direct disposer in
640	charge. However, a licensed direct disposer may continue acting
641	as the direct disposer in charge, if, as of September 30, 2009:
642	1.  The direct disposal establishment and the licensed
643	direct disposer both have active, valid licenses.
644	2.  The licensed direct disposer is currently acting as the
645	direct disposer in charge of the direct disposal establishment.
646	3.  The name of the licensed direct disposer is included,
647	as required in paragraph (2)(c), in the direct disposal
648	establishment's most recent application for issuance or renewal
649	of its license or is included in the establishment's notice of
650	change approved by the licensing authority under subsection (7).
651	(b)  The licensed funeral director or licensed direct
652	disposer in charge of a direct disposal establishment must be
653	and reasonably available to the public during normal business
654	hours for the that establishment and. Such person may be in
655	charge of only one direct disposal establishment facility. The
656	Such licensed funeral director or licensed direct disposer in
657	charge of the establishment is shall be responsible for making
658	sure the facility, its operations, and all persons employed in
659	the facility comply with all applicable state and federal laws
660	and rules.
661	(9)  REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.--
662	(d)  Each direct disposal establishment must display at the
663	public entrance the name of the establishment and the name of
664	the licensed direct disposer or licensed funeral director acting
665	as the a direct disposer in charge of the responsible for that
666	establishment. A direct disposal establishment must transact its
667	business under the name by which it is licensed.
668	Section 21.  Section 497.367, Florida Statutes, is
669	repealed.
670	Section 22.  Except as otherwise expressly provided in this
671	act, this act shall take effect July 1, 2009.

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