Florida Senate - 2009                                     SB 890
       
       
       
       By Senator Crist
       
       
       
       
       12-00426A-09                                           2009890__
    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;
    7         limiting the issuance of funeral director apprentice
    8         licenses to natural persons; amending s. 497.142,
    9         F.S.; requiring an applicant for renewal of a license
   10         to disclose certain criminal records; requiring an
   11         applicant for issuance or renewal of a license to
   12         disclose certain criminal pleas; requiring a licensing
   13         authority of the Department of Financial Services to
   14         adopt rules for the disclosure of criminal records;
   15         authorizing an exception from disclosure requirements
   16         for previously disclosed criminal records; amending s.
   17         497.143, F.S.; revising legislative intent;
   18         authorizing the licensing authority to adopt rules for
   19         the issuance of limited licenses to certain persons
   20         licensed outside the state; revising eligibility and
   21         application requirements for a limited license;
   22         amending s. 497.147, F.S.; deleting limits on the
   23         continuing education credit provided for attendance at
   24         meetings of the Board of Funeral, Cemetery, and
   25         Consumer Services; amending s. 497.152, F.S.;
   26         providing that certain criminal pleas are a ground for
   27         denial of an application or discipline of a licensee
   28         under ch. 497, F.S.; amending s. 497.162, F.S.;
   29         revises which nonlicensed personnel are required to
   30         complete a course on communicable diseases; extending
   31         time for completion of the course; amending s.
   32         497.166, F.S.; conforming terminology to changes made
   33         by the act; amending s. 497.277, F.S.; authorizing a
   34         cemetery company to charge a fee for performing
   35         certain duties related to a cemetery sales contract;
   36         requiring disclosure of the charges; exempting charges
   37         from certain trust deposit requirements; amending s.
   38         497.371, F.S.; conforming provisions; amending s.
   39         497.373, F.S.; adding a specified course as an option
   40         for satisfying certain educational requirements of a
   41         funeral director license; adding completion of an
   42         apprenticeship program as an option to satisfy the
   43         internship requirement of a funeral director license;
   44         revising requirements for supervision of provisional
   45         licensees; amending s. 497.374, F.S.; requiring that
   46         the general supervision provided for a licensed
   47         temporary funeral director comply with the definition
   48         provided by the act; amending s. 497.375, F.S.;
   49         providing definitions of the terms “direct
   50         supervision” and “general supervision”; revising
   51         application requirements for licensure as a funeral
   52         director intern; revising requirements for supervision
   53         of funeral director interns; creating s. 497.3755,
   54         F.S.; requiring the licensing authority to establish a
   55         funeral director apprenticeship program and adopt
   56         procedures and criteria for the approval of funeral
   57         director apprentice training agencies and supervisors;
   58         authorizing certain funeral establishments to apply
   59         for approval as apprentice training agencies;
   60         authorizing approved intern training agencies to serve
   61         as apprentice training agencies; providing for
   62         supervision of the training and reporting of training
   63         activities; providing the maximum number of
   64         apprentices that may be trained by an apprentice
   65         training agency; prohibiting certain fees; providing
   66         eligibility and application requirements for a funeral
   67         director apprentice license; authorizing fees;
   68         providing validity period of license; prohibiting
   69         renewal of license except under certain circumstances;
   70         providing for supervision of funeral director
   71         apprentices; amending s. 497.378, F.S.; conforming the
   72         continuing education requirements for funeral
   73         directors and embalmers to the repeal by the act of
   74         provisions requiring a course on HIV and AIDS;
   75         authorizing the licensing authority to adopt rules for
   76         the renewal of funeral director and embalmer licenses;
   77         amending s. 497.380, F.S.; providing duties of a
   78         funeral director in charge of a funeral establishment;
   79         requiring a funeral director to have an embalmer
   80         license under certain circumstances; creating s.
   81         497.4555, F.S.; authorizing a preneed licensee to
   82         charge a fee for performing certain duties related to
   83         a preneed contract; requiring disclosure of the
   84         charges; exempting charges from certain trust deposit
   85         requirements; amending s. 497.464, F.S.; deleting a
   86         requirement that trust payments for a preneed contract
   87         be deposited in this state; requiring that funds
   88         discharging a preneed contract be disbursed from the
   89         trust under certain circumstances; amending s.
   90         497.602, F.S.; revising the course requirements for a
   91         direct disposer license; adding passage of a college
   92         credit ethics course to the course requirements;
   93         amending s. 497.603, F.S.; requiring the licensing
   94         authority to adopt rules for the renewal of direct
   95         disposer licenses; requiring a course on communicable
   96         diseases; conforming the continuing education
   97         requirements for direct disposers to the repeal by the
   98         act of provisions requiring a course on HIV and AIDS;
   99         amending s. 497.604, F.S.; requiring a direct disposal
  100         establishment to have a licensed funeral director act
  101         as the direct disposer in charge and providing
  102         exceptions; repealing s. 497.367, F.S., relating to a
  103         continuing education course required for funeral
  104         directors and embalmers on HIV and AIDS; providing
  105         effective dates.
  106         
  107  Be It Enacted by the Legislature of the State of Florida:
  108         
  109         Section 1. Subsection (5) and paragraph (a) of subsection
  110  (12) of section 497.141, Florida Statutes, are amended to read:
  111         497.141 Licensing; general application procedures.—
  112         (5)(a) The department may not issue or renew a license
  113  under this chapter to an applicant that has a criminal record
  114  required to be disclosed under s. 497.142(10) unless the
  115  applicant demonstrates by clear and convincing evidence that the
  116  applicant is rehabilitated and, if the license is issued, will
  117  not create a threat to the public. This paragraph does not apply
  118  to a criminal record disclosed to the department under s.
  119  497.142(10) before the issuance or renewal of a license on or
  120  before June 30, 2009.
  121         (b) The board may refuse to rule on an initial application
  122  for licensure by any applicant who is under investigation or
  123  prosecution in any jurisdiction for an action which there is
  124  reasonable cause to believe would constitute a violation of this
  125  chapter if committed in this state, until such time as such
  126  investigation or prosecution is completed and the results of the
  127  investigation or prosecution are reviewed by the board.
  128         (12)(a) The following licenses may only be applied for and
  129  issued to a natural person:
  130         1. Embalmer apprentice.
  131         2. Embalmer intern.
  132         3. Funeral director intern.
  133         4. Funeral director apprentice.
  134         5.4. Funeral director.
  135         6.5. Funeral director and embalmer.
  136         7.6. Direct disposer.
  137         8.7. Monument establishment sales agent.
  138         9.8. Preneed sales agent.
  139         Section 2. Paragraphs (a), (b), and (g) of subsection (10)
  140  of section 497.142, Florida Statutes, are amended to read:
  141         497.142 Licensing; fingerprinting and criminal background
  142  checks.—
  143         (10)(a) When applying for any license, or renewal of any
  144  license, under this chapter, every applicant must shall be
  145  required to disclose the applicant's criminal records in
  146  accordance with this subsection.
  147         (b) The criminal record required to be disclosed shall be
  148  any crime listed in paragraph (c) for of which the person or
  149  entity required to make disclosure has been convicted or to
  150  which that person or entity entered a plea in the nature of
  151  guilty or no contest. Disclosure is shall be required pursuant
  152  to this subsection regardless of whether adjudication is was
  153  entered or withheld by the court in which the case was
  154  prosecuted.
  155         (g) The licensing authority shall may adopt rules
  156  specifying forms and procedures to be used utilized by persons
  157  required to disclose criminal records under this subsection. The
  158  rules may require a licensee to disclose only those criminal
  159  records that have not previously been disclosed under this
  160  subsection at the renewal of his or her license or, if the
  161  license has not been renewed, at the initial issuance of the
  162  license. The licensing authority may conduct investigation and
  163  further inquiry of any person regarding any criminal record
  164  disclosed pursuant to this section.
  165         Section 3. Subsections (1), (2), and (3) of section
  166  497.143, Florida Statutes, are amended to read:
  167         497.143 Licensing; limited licenses for times of critical
  168  need retired professionals.—
  169         (1) It is the intent of the Legislature that, absent a
  170  threat to the health, safety, and welfare of the public, the use
  171  of retired Florida licensees professionals in good standing and
  172  active licensees in good standing from other jurisdictions, be
  173  able to serve this state during times of critical need should be
  174  encouraged. To that end, rules may be adopted to permit practice
  175  by retired professionals as limited licensees under this
  176  section.
  177         (2) As used in For purposes of this section, the term
  178  “critical need” means an executive order of from the Governor or
  179  a federal order declaring that a state of emergency exists in an
  180  area.
  181         (3) The licensing authority may adopt rules for the
  182  issuance of limited licenses in accordance with this section. A
  183  Any person seeking desiring to obtain a limited license, when
  184  permitted by rule, shall submit to the department an application
  185  and fee, not to exceed $300, and an affidavit stating that the
  186  applicant is a retired Florida licensee or holds an active
  187  license has been licensed to practice in another any
  188  jurisdiction of in the United States for at least 10 years in
  189  the profession for which the applicant seeks the a limited
  190  license. The affidavit shall also state that the applicant has
  191  retired from the practice of that profession and intends to
  192  practice only pursuant to the restrictions of the limited
  193  license granted under pursuant to this section. If the applicant
  194  for a limited license submits a notarized statement from the
  195  employer stating that the applicant will not receive monetary
  196  compensation for any service involving the practice of her or
  197  his profession, all licensure fees shall be waived. In no event
  198  may A person holding a limited license under this section may
  199  not engage in preneed sales under the such limited license.
  200         Section 4. Subsection (5) of section 497.147, Florida
  201  Statutes, is amended to read:
  202         497.147 Continuing education; general provisions.—
  203         (5) The board may by rule provide up to 5 hours of
  204  continuing education credit for each per continuing education
  205  reporting period for licensees attending board meetings or
  206  selected types or portions of board meetings, as specified by
  207  such rules. The rules may limit the number of times such credit
  208  may be utilized by a licensee. The rules may include provisions
  209  that establish as to the minimum amount of time that must be
  210  spent in the board meeting room viewing proceedings, which may
  211  be more than 5 hours of attendance, requirements for advance
  212  notice by licensees to department staff of proposed attendance,
  213  requirements to sign in and out of the meeting room on lists
  214  maintained at the meeting site by department staff, forms that
  215  must be completed by the licensee to obtain such credit, and
  216  such other requirements deemed by the board to be advisable or
  217  necessary to prevent abuse of such rules and to ensure that
  218  useful information is obtained by licensees as a result of
  219  attendance. Procedural requirements of such rules requiring
  220  action by the department are shall be subject to approval by the
  221  department before prior to promulgation.
  222         Section 5. Subsection (2) of section 497.152, Florida
  223  Statutes, is amended to read:
  224         497.152 Disciplinary grounds.—This section sets forth
  225  conduct that is prohibited and that shall constitute grounds for
  226  denial of any application, imposition of discipline, or other
  227  enforcement action against the licensee or other person
  228  committing such conduct. For purposes of this section, the
  229  requirements of this chapter include the requirements of rules
  230  adopted under authority of this chapter. No subsection heading
  231  in this section shall be interpreted as limiting the
  232  applicability of any paragraph within the subsection.
  233         (2) CRIMINAL ACTIVITY.—Being convicted or found guilty of,
  234  or entering a plea of guilty or nolo contendere to, regardless
  235  of adjudication, a crime in any jurisdiction that relates to the
  236  practice of, or the ability to practice, a licensee's profession
  237  or occupation under this chapter.
  238         Section 6. Section 497.162, Florida Statutes, is amended to
  239  read:
  240         497.162 Health and safety education.—All individuals not
  241  licensed under this chapter who intend to be employed as
  242  operational personnel affiliated with a direct disposal
  243  establishment, cinerator facility, removal service,
  244  refrigeration facility, or centralized embalming facility who
  245  have direct contact with, as well as all nonlicensed individuals
  246  who intend to be involved in the removal or transportation of
  247  human remains on behalf of a funeral establishment, direct
  248  disposal establishment, or cinerator facility shall complete one
  249  course approved by the licensing authority on communicable
  250  diseases, within 30 10 days after the date that they begin
  251  functioning as operational personnel on behalf of any entity
  252  that is regulated by this chapter. The course shall not exceed 3
  253  hours and shall be offered at approved locations throughout the
  254  state. Such locations may include establishments that are
  255  licensed under this chapter. The licensing authority shall adopt
  256  rules to implement and enforce this provision, which rules shall
  257  include provisions that provide for the use of approved
  258  videocassette courses and other types of audio, video, Internet,
  259  or home study courses to fulfill the continuing education
  260  requirements of this section.
  261         Section 7. Effective July 1, 2010, paragraphs (a) and (b)
  262  of subsection (3) of section 497.166, Florida Statutes, are
  263  amended to read:
  264         497.166 Preneed sales.—
  265         (3)(a) The funeral director in charge of a funeral
  266  establishment is shall be responsible for the control and
  267  activities of the establishment's preneed sales agents.
  268         (b) The direct disposer in charge or a funeral director
  269  acting as the a direct disposer in charge of a direct disposal
  270  establishment is shall be responsible for the control and
  271  activities of the establishment's preneed sales agents.
  272         Section 8. Subsection (6) is added to section 497.277,
  273  Florida Statutes, to read:
  274         497.277 Other charges.—Other than the fees for the sale of
  275  burial rights, burial merchandise, and burial services, no other
  276  fee may be directly or indirectly charged, contracted for, or
  277  received by a cemetery company as a condition for a customer to
  278  use any burial right, burial merchandise, or burial service,
  279  except for:
  280         (6) Charges paid for processing, filing, and archiving a
  281  cemetery sales contract and for performing other administrative
  282  duties related to the contract. A cemetery company must disclose
  283  the charges to the customer and include the charges on its
  284  standard printed price lists and other disclosure information
  285  provided to the public under s. 497.282. Charges paid under this
  286  subsection are not subject to the trust deposit requirements in
  287  s. 497.458.
  288         Section 9. Section 497.371, Florida Statutes, is amended to
  289  read:
  290         497.371 Embalmers; establishment of embalmer apprenticeship
  291  apprentice program.—The licensing authority shall adopt adopts
  292  rules establishing an embalmer apprenticeship apprentice
  293  program. An embalmer apprentice may perform only those tasks,
  294  functions, and duties relating to embalming which are performed
  295  under the direct supervision of an embalmer who has an active,
  296  valid license under s. 497.368 or s. 497.369. An embalmer
  297  apprentice is shall be eligible to serve as in an apprentice
  298  capacity for up to a period not to exceed 3 years as may be
  299  determined by licensing authority rule or for up to a period not
  300  to exceed 5 years if the apprentice is enrolled in and attending
  301  a course in mortuary science or funeral service education at any
  302  mortuary college or funeral service education college or school.
  303  An embalmer apprentice shall be licensed upon payment of a
  304  licensure fee as determined by licensing authority rule but not
  305  to exceed $200.
  306         Section 10. Paragraph (d) of subsection (1), paragraph (b)
  307  of subsection (2), and subsection (3) of section 497.373,
  308  Florida Statutes, are amended to read:
  309         497.373 Funeral directing; licensure as a funeral director
  310  by examination; provisional license.—
  311         (1) Any person desiring to be licensed as a funeral
  312  director shall apply to the licensing authority to take the
  313  licensure examination. The licensing authority shall examine
  314  each applicant who has remitted an examination fee set by rule
  315  of the licensing authority not to exceed $200 plus the actual
  316  per applicant cost to the licensing authority for portions of
  317  the examination and who the licensing authority certifies has:
  318         (d)1. Received an associate in arts degree, associate in
  319  science degree, or an associate in applied science degree in
  320  mortuary science approved by the licensing authority; or
  321         2. Holds an associate degree or higher from a college or
  322  university accredited by a regional association of colleges and
  323  schools recognized by the United States Department of Education
  324  and is a graduate of at least an approved 1-year course in
  325  mortuary science or funeral service arts approved by the
  326  licensing authority.
  327         (2) The licensing authority shall license the applicant as
  328  a funeral director if she or he:
  329         (b) Completes a 1-year internship, or a 2-year funeral
  330  director apprenticeship completed in eight consecutive calendar
  331  quarters, under a licensed funeral director.
  332         (3) Any applicant who has completed the required 1-year
  333  internship and has been approved for examination as a funeral
  334  director may qualify for a provisional license to work in a
  335  licensed funeral establishment, under the direct supervision of
  336  a licensed funeral director for a limited period of 6 months as
  337  provided by rule of the licensing authority. However, a
  338  provisional licensee may work under the general supervision as
  339  defined in s. 497.375 of a licensed funeral director upon
  340  passage of an examination prepared by the department on the
  341  local, state, and federal laws and rules relating to the
  342  disposition of dead human bodies. The fee for provisional
  343  licensure shall be set by rule of the licensing authority but
  344  may not exceed $200. The fee required in this subsection shall
  345  be nonrefundable and in addition to the fee required by
  346  subsection (1). This provisional license may be renewed no more
  347  than one time.
  348         Section 11. Subsection (5) of section 497.374, Florida
  349  Statutes, is amended to read:
  350         497.374 Funeral directing; licensure as a funeral director
  351  by endorsement; licensure of a temporary funeral director.—
  352         (5) The licensing authority may adopt There may be adopted
  353  rules authorizing an applicant who has met the requirements of
  354  paragraphs (1)(b) and (c) and who is awaiting an opportunity to
  355  take the examination required by subsection (4) to obtain a
  356  license as a temporary funeral director. A licensed temporary
  357  funeral director may work as a funeral director in a licensed
  358  funeral establishment under the general supervision as defined
  359  in s. 497.375 of a funeral director licensed under subsection
  360  (1) or s. 497.373. The Such license shall expire 60 days after
  361  the date of the next available examination required under
  362  subsection (4); however, the temporary license may be renewed
  363  one time under the same conditions as initial issuance. The fee
  364  for initial issuance or renewal of a temporary license under
  365  this subsection shall be set by rule of the licensing authority
  366  but may not exceed $200. The fee required in this subsection
  367  shall be nonrefundable and in addition to the fee required in
  368  subsection (1).
  369         Section 12. Section 497.375, Florida Statutes, is amended
  370  to read:
  371         497.375 Funeral directing; licensure of a funeral director
  372  intern.—
  373         (1)As used in this section, the term:
  374         (a) “Direct supervision” means supervision by a licensed
  375  funeral director who provides both initial direction and
  376  periodic inspection of the arrangements and who is physically
  377  present or on the premises of the funeral establishment at all
  378  times when the tasks, functions, and duties relating to funeral
  379  directing are performed.
  380         (b) “General supervision” means supervision by a licensed
  381  funeral director who is reasonably available and in a position
  382  to provide direction and guidance by being physically present,
  383  being on the premises of the funeral establishment, or being
  384  available telephonically or by electronic communication at all
  385  times when the tasks, functions, and duties relating to funeral
  386  directing are performed.
  387         (2)(1) Any person desiring to become a funeral director
  388  intern must apply to the licensing authority shall make
  389  application on forms prescribed as required by rule of the
  390  licensing authority, together with a nonrefundable fee set as
  391  determined by rule of the licensing authority but not to exceed
  392  $200. The application shall include indicate the name and
  393  address of the licensed funeral director licensed under s.
  394  497.373 or s. 497.374(1) under whose supervision the intern will
  395  receive training and the name of the licensed funeral
  396  establishment where the such training will is to be conducted. A
  397  The funeral director intern may perform only the tasks,
  398  functions, and duties relating to funeral directing that are
  399  performed shall intern under the direct supervision of a
  400  licensed funeral director who has an active, valid license under
  401  s. 497.373 or s. 497.374(1). However, a funeral director intern
  402  may perform those tasks, functions, and duties under the general
  403  supervision of a licensed funeral director if the intern passes
  404  an examination prepared by the department on the local, state,
  405  and federal laws and rules relating to the disposition of dead
  406  human bodies and the funeral director in charge of the funeral
  407  director internship training agency, after 6 months of direct
  408  supervision, certifies to the licensing agency that the intern
  409  is competent to complete the internship under general
  410  supervision.
  411         (3)(2) Rules shall be adopted establishing a funeral
  412  director internship program and criteria for funeral director
  413  intern training agencies and supervisors. Any funeral
  414  establishment where funeral directing is conducted may apply to
  415  the licensing authority for approval as a funeral director
  416  intern training agency.
  417         (4)(3) A funeral establishment designated as a funeral
  418  director intern training agency may not exact a fee from any
  419  person obtaining intern training at such funeral establishment.
  420         Section 13. Section 497.3755, Florida Statutes, is created
  421  to read:
  422         497.3755 Funeral directing; establishment of funeral
  423  director apprenticeship program; licensure of a funeral director
  424  apprentice.—
  425         (1)(a) The licensing authority shall adopt rules
  426  establishing a funeral director apprenticeship program. The
  427  rules shall include procedures and criteria for the licensing
  428  authority's approval of funeral director apprentice training
  429  agencies and supervisors. The procedures shall allow a funeral
  430  establishment at which funeral directing is practiced to apply
  431  for approval as an apprentice training agency. A funeral
  432  director intern training agency approved by the licensing
  433  authority under s. 497.375 is authorized to serve as an
  434  apprentice training agency.
  435         (b) Training provided under the funeral director
  436  apprenticeship program must be provided by a funeral director
  437  apprentice training agency and must be supervised by a funeral
  438  director in good standing who is licensed in this state. The
  439  licensing authority shall adopt rules prescribing procedures for
  440  funeral director apprentice training agencies to document the
  441  training of funeral director apprentices. The rules shall
  442  require the funeral director who supervises the training of a
  443  funeral director apprentice to submit a written report to the
  444  licensing authority that certifies the apprentice's training
  445  activities supervised during the preceding calendar quarter. If
  446  a funeral director apprentice is supervised by more than one
  447  funeral director, each funeral director supervising the
  448  apprentice must submit the report and certify the dates and
  449  training activities supervised during the preceding calendar
  450  quarter. The licensed funeral director in charge of the training
  451  agency and the funeral director apprentice must also certify the
  452  reports. The rules shall also require that the quarterly reports
  453  be filed with the licensing authority by the 20th day of the
  454  month following the preceding calendar quarter.
  455         (c) A funeral director apprentice training agency may not
  456  employ more than one funeral director apprentice for each
  457  licensed full-time funeral director employed by the training
  458  agency.
  459         (d) A funeral establishment designated as a funeral
  460  director apprenticeship training agency may not charge a fee
  461  from any person obtaining apprentice training at the funeral
  462  establishment.
  463         (2) Any person desiring to become a funeral director
  464  apprentice must apply to the licensing authority on forms
  465  prescribed by rule of the licensing authority, together with a
  466  nonrefundable fee set by rule of the licensing authority not to
  467  exceed $300. The application shall include the name and address
  468  of the funeral director licensed under s. 497.373 or s.
  469  497.374(1) under whose supervision the funeral director
  470  apprentice will receive training and the name of the licensed
  471  funeral establishment where the training will be conducted. The
  472  licensing authority shall issue a funeral director apprentice
  473  license to a person that the licensing authority certifies:
  474         (a) Has completed the application form, remitted the fee
  475  required under this subsection, and complied with s. 497.141.
  476         (b) Has met the requirements in s. 497.373(1)(b), (c), and
  477  (e) for licensure as a funeral director.
  478         (c) Holds an associate or higher degree from a college or
  479  university accredited by a regional accrediting agency
  480  recognized by the United States Department of Education.
  481         (d)Has taken and received a passing grade in a college
  482  credit course in mortuary law, has taken and received a passing
  483  grade in a college credit course in ethics, and is enrolled in
  484  and attending a course in mortuary science or funeral service
  485  education at a college or school that is approved by the
  486  licensing authority and accredited by the American Board of
  487  Funeral Service Education.
  488         (e) The applicant complies or, before practicing under the
  489  license, will comply with all requirements of this chapter
  490  relating to the license.
  491  The licensing authority may not issue a license under this
  492  subsection to an applicant who is under investigation or
  493  prosecution in any jurisdiction for acts that would constitute a
  494  violation of this chapter until the investigation or prosecution
  495  is complete.
  496         (3)A funeral director apprentice license is valid for 2
  497  years and may not be renewed. However, if a funeral director
  498  apprentice does not complete the apprenticeship training due to
  499  personal injury or illness, the licensing authority may allow
  500  the apprentice to reregister upon payment of a nonrefundable fee
  501  set by rule of the licensing authority not to exceed $150, if
  502  the apprentice reregisters within 1 year after the apprentice
  503  was injured or became ill.
  504         (4) A funeral director apprentice may perform only the
  505  tasks, functions, and duties relating to funeral directing that
  506  are performed under the direct supervision as defined in s.
  507  497.375 of a funeral director who has an active, valid license
  508  under s. 497.373 or s. 497.374(1). However, a funeral director
  509  apprentice may perform those tasks, functions, and duties under
  510  the general supervision as defined in s. 497.375 of a licensed
  511  funeral director if the apprentice passes an examination
  512  prepared by the department on the local, state, and federal laws
  513  and rules relating to the disposition of dead human bodies and
  514  the funeral director in charge of the funeral director
  515  apprenticeship training agency, after 6 months of direct
  516  supervision, certifies to the licensing agency that the
  517  apprentice is competent to complete the apprenticeship under
  518  general supervision.
  519         Section 14. Subsection (1) of section 497.378, Florida
  520  Statutes, is amended to read:
  521         497.378 Renewal of funeral director and embalmer licenses.—
  522         (1) The licensing authority There shall renew be renewed a
  523  funeral director or embalmer license upon receipt of the renewal
  524  application and fee set by the licensing authority, not to
  525  exceed $500. The licensing authority may adopt rules for the
  526  renewal of a funeral director or embalmer license. The rules may
  527  require prescribe by rule continuing education requirements of
  528  up to 12 classroom hours and may by rule establish criteria for
  529  accepting alternative nonclassroom continuing education on an
  530  hour-for-hour basis, in addition to a licensing authority
  531  approved course on communicable diseases that includes the
  532  course on human immunodeficiency virus and acquired immune
  533  deficiency syndrome required by s. 497.367, for the renewal of a
  534  funeral director or embalmer license. The rules rule may also
  535  provide for the waiver of continuing education requirements in
  536  circumstances that would justify the waiver, such as hardship,
  537  disability, or illness. The continuing education requirement is
  538  not required for a licensee who is over the age of 75 years if
  539  the licensee does not qualify as the sole person in charge of an
  540  establishment or facility.
  541         Section 15. Subsection (7) of section 497.380, Florida
  542  Statutes, is amended to read:
  543         497.380 Funeral establishment; licensure.—
  544         (7) Each licensed funeral establishment shall have one
  545  full-time funeral director in charge and shall have a licensed
  546  funeral director reasonably available to the public during
  547  normal business hours for the that establishment. The full-time
  548  funeral director in charge is responsible for ensuring that the
  549  facility, its operation, and all persons employed in the
  550  facility comply with all applicable state and federal laws. The
  551  full-time funeral director in charge must have an active license
  552  and may not be the full-time funeral director in charge of any
  553  other funeral establishment or of any other direct disposal
  554  establishment. The full-time funeral director in charge of a
  555  licensed funeral establishment that maintains a preparation room
  556  and performs embalming must hold an active, valid embalmer
  557  license.
  558         Section 16. Section 497.4555, Florida Statutes, is created
  559  to read:
  560         497.4555Charges for preneed contract.—A preneed licensee
  561  may charge the purchaser of a preneed contract for processing,
  562  filing, and archiving the contract and for performing other
  563  administrative duties related to the contract. A preneed
  564  licensee must disclose the charges to the purchaser and include
  565  the charges on its standard printed price lists and other
  566  disclosure information provided to the public under s. 497.468.
  567  Charges paid under this section are not subject to the trust
  568  deposit requirements in s. 497.458.
  569         Section 17. Subsections (3) and (7) of section 497.464,
  570  Florida Statutes, are amended to read:
  571         497.464 Alternative preneed contracts.—
  572         (3) The contract must require that the purchaser make all
  573  payments required by the contract directly to the trustee or its
  574  qualified servicing agent and that the funds shall be deposited
  575  in this state, subject to the terms of a trust instrument
  576  approved by the licensing authority. The licensing authority may
  577  adopt rules establishing procedures and forms for the submission
  578  of trust instruments for approval by the licensing authority,
  579  establishing criteria for the approval of such trust
  580  instruments, and specifying information required to be provided
  581  by the applicant in connection with submission of a trust
  582  instrument for approval. A copy of the trust instrument shall be
  583  made available to the purchaser, at any reasonable time, upon
  584  request.
  585         (7) The trustee shall disburse Disbursement of funds
  586  discharging a any preneed contract shall be made by the trustee
  587  to the person issuing or writing the such contract upon the
  588  trustee's receipt of a certified copy of the contract
  589  beneficiary's death certificate or satisfactory of the contract
  590  beneficiary and evidence, as the licensing authority shall
  591  define by rule, satisfactory to the trustee that the preneed
  592  contract has been fully performed at least in part. In the event
  593  of any contract default by the contract purchaser, or in the
  594  event that the funeral merchandise or service contracted for is
  595  not provided or is not desired by the purchaser or the heirs or
  596  personal representative of the contract beneficiary, the trustee
  597  shall return, within 30 days after its receipt of a written
  598  request therefor, funds paid on the contract to the contract
  599  purchaser or to her or his assigns, heirs, or personal
  600  representative, subject to the lawful liquidation damage
  601  provision in the contract.
  602         Section 18. Paragraph (b) of subsection (3) of section
  603  497.602, Florida Statutes, is amended to read:
  604         497.602 Direct disposers, license required; licensing
  605  procedures and criteria; regulation.—
  606         (3) ACTION CONCERNING APPLICATIONS.—A duly completed
  607  application for licensure under this section, accompanied by the
  608  required fees, shall be approved if the licensing authority
  609  determines that the following conditions are met:
  610         (b) The applicant has taken and received a passing grade in
  611  a college credit course in Florida mortuary law and has taken
  612  and received a passing grade in a college credit course in
  613  ethics.
  614         Section 19. Subsection (2) of section 497.603, Florida
  615  Statutes, is amended to read:
  616         497.603 Direct disposers, renewal of license.—
  617         (2) The licensing authority There shall adopt be adopted
  618  rules establishing procedures, forms, and a schedule and forms
  619  and procedure for the biennial renewal of direct disposer
  620  licenses as direct disposers. The rules There shall require be
  621  adopted by rule continuing education requirements of up to 6
  622  classroom hours, including, but not limited to, a course on
  623  communicable diseases approved by the licensing authority, and
  624  there may establish by rule be established criteria for
  625  accepting alternative nonclassroom continuing education on an
  626  hour-for-hour basis, in addition to an approved course on
  627  communicable diseases that includes the course on human
  628  immunodeficiency virus and acquired immune deficiency syndrome
  629  required by s. 497.367, for the renewal of a license as a direct
  630  disposer.
  631         Section 20. Paragraph (c) of subsection (2), subsection
  632  (8), and paragraph (d) of subsection (9) of section 497.604,
  633  Florida Statutes, are amended to read:
  634         497.604 Direct disposal establishments, license required;
  635  licensing procedures and criteria; license renewal; regulation.—
  636         (2) APPLICATION PROCEDURES.—
  637         (c) The application shall name the licensed direct disposer
  638  or licensed funeral director who will be acting as the a direct
  639  disposer in charge of the direct disposal establishment.
  640         (8) SUPERVISION OF FACILITIES.—
  641         (a)Effective October 1, 2009, each direct disposal
  642  establishment shall have one full-time licensed direct disposer
  643  or licensed funeral director acting as the a direct disposer in
  644  charge. However, a licensed direct disposer may continue acting
  645  as the direct disposer in charge, if, as of September 30, 2009:
  646         1. The direct disposal establishment and the licensed
  647  direct disposer both have active, valid licenses.
  648         2.The licensed direct disposer is currently acting as the
  649  direct disposer in charge of the direct disposal establishment.
  650         3. The name of the licensed direct disposer is included, as
  651  required in paragraph (2)(c), in the direct disposal
  652  establishment's most recent application for issuance or renewal
  653  of its license or is included in the establishment's notice of
  654  change approved by the licensing authority under subsection (7).
  655         (b) The licensed funeral director or licensed direct
  656  disposer in charge of a direct disposal establishment must be
  657  and reasonably available to the public during normal business
  658  hours for the that establishment and. Such person may be in
  659  charge of only one direct disposal establishment facility. The
  660  Such licensed funeral director or licensed direct disposer in
  661  charge of the establishment is shall be responsible for making
  662  sure the facility, its operations, and all persons employed in
  663  the facility comply with all applicable state and federal laws
  664  and rules.
  665         (9) REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.—
  666         (d) Each direct disposal establishment must display at the
  667  public entrance the name of the establishment and the name of
  668  the licensed direct disposer or licensed funeral director acting
  669  as the a direct disposer in charge of the responsible for that
  670  establishment. A direct disposal establishment must transact its
  671  business under the name by which it is licensed.
  672         Section 21. Section 497.367, Florida Statutes, is repealed.
  673         Section 22. Except as otherwise expressly provided in this
  674  act, this act shall take effect July 1, 2009.