ENROLLED
       2010 Legislature                           CS for CS for SB 1152
       
       
       
       
       
       
                                                             20101152er
    1  
    2         An act relating to the Florida Funeral, Cemetery, and
    3         Consumer Services Act; amending s. 497.005, F.S.;
    4         defining the terms “direct supervision” and “general
    5         supervision” as they relate to supervision by funeral
    6         directors and embalmers; expanding the definition of
    7         the term “legally authorized person” to include
    8         certain persons designated by a decedent pursuant to
    9         certain types of authority; amending s. 497.101, F.S.;
   10         revising qualifications for the membership of the
   11         Board of Funeral, Cemetery, and Consumer Services;
   12         amending s. 497.103, F.S.; authorizing the waiver of
   13         certain provisions during a state of emergency;
   14         amending s. 497.140, F.S.; authorizing fees for
   15         certain inspections of licensees; amending s. 497.141,
   16         F.S.; prohibiting the issuance or renewal of a license
   17         to an applicant that has specified criminal records
   18         under certain circumstances; authorizing a licensing
   19         authority of the Department of Financial Services to
   20         adopt rules; authorizing the licensing authority to
   21         require the submission of applications in an online
   22         electronic format; authorizing fees for applications
   23         submitted in a paper format; amending s. 497.142,
   24         F.S.; requiring an applicant for renewal of a license
   25         to disclose certain criminal offenses; requiring an
   26         applicant for issuance or renewal of a license to
   27         disclose certain criminal pleas; requiring the
   28         licensing authority to adopt rules for the disclosure
   29         of criminal records; authorizing an exception from
   30         disclosure requirements for previously disclosed
   31         criminal records; amending s. 497.143, F.S.; revising
   32         legislative intent; authorizing the licensing
   33         authority to adopt rules for the issuance of limited
   34         licenses to certain persons licensed outside the
   35         state; revising eligibility and application
   36         requirements for a limited license; amending s.
   37         497.147, F.S.; deleting limits on the continuing
   38         education credit provided for attendance at board
   39         meetings; amending s. 497.152, F.S.; providing that
   40         certain criminal pleas are a ground for denial of an
   41         application or discipline of a licensee under ch. 497,
   42         F.S.; amending s. 497.161, F.S.; authorizing the
   43         department to adopt rules that temporarily suspend or
   44         modify certain provisions during and following a state
   45         of emergency; amending s. 497.162, F.S.; revising
   46         which nonlicensed personnel are required to complete a
   47         course on communicable diseases; extending the time
   48         for completion of the course; amending s. 497.166,
   49         F.S.; conforming terminology to changes made by the
   50         act; amending s. 497.277, F.S.; authorizing a cemetery
   51         company to charge a fee for performing specified
   52         duties related to certain cemetery sales contracts;
   53         requiring disclosure of the charges; exempting charges
   54         from certain trust deposit requirements; authorizing
   55         the department to adopt rules; amending s. 497.278,
   56         F.S.; authorizing a cemetery company to require
   57         certain persons and firms to show proof of certain
   58         insurance coverage; prohibiting a cemetery company
   59         from setting certain insurance coverage limits;
   60         amending s. 497.365, F.S.; prohibiting the embalming
   61         of human remains except by certain licensees; amending
   62         s. 497.372, F.S.; revising certain functions construed
   63         to be the practice of funeral directing; prohibiting a
   64         funeral director from engaging in the practice of
   65         funeral directing except under certain circumstances;
   66         providing an exception; requiring that the Board of
   67         Funeral, Cemetery, and Consumer Services adopt rules;
   68         providing that certain provisions of state law do not
   69         prohibit a funeral director from being designated the
   70         licensed funeral director in charge of a cineration
   71         facility; revising the acts that are exempt from
   72         regulation as the practice of funeral directing;
   73         amending s. 497.373, F.S.; revising the educational
   74         and examination requirements for licensure of funeral
   75         directors by examination; revising requirements for
   76         the supervision of provisional licensees; amending s.
   77         497.374, F.S.; revising the examination requirements
   78         for licensure of funeral directors by endorsement;
   79         amending s. 497.375, F.S.; establishing educational
   80         requirements for funeral director intern licenses;
   81         revising the application requirements for funeral
   82         director intern licensees; revising requirements for
   83         the supervision of funeral director interns; providing
   84         for the expiration of funeral director intern
   85         licenses; prohibiting the renewal of funeral director
   86         intern licenses except under certain circumstances;
   87         authorizing rules for the renewal of funeral director
   88         intern licenses; providing for license renewal fees;
   89         amending s. 497.376, F.S.; deleting provisions
   90         requiring rules for the display of certain licenses;
   91         amending s. 497.378, F.S.; conforming the continuing
   92         education requirements for funeral directors and
   93         embalmers to the repeal by the act of provisions
   94         requiring a course on HIV and AIDS; authorizing the
   95         licensing authority to adopt rules for the renewal of
   96         funeral director and embalmer licenses; amending s.
   97         497.380, F.S.; providing duties of a funeral director
   98         in charge of a funeral establishment; requiring a
   99         funeral director in charge to have an embalmer license
  100         and providing exceptions; requiring the reporting of a
  101         change in the funeral director in charge of a funeral
  102         establishment; requiring certain licensees to display
  103         their licenses in funeral establishments; creating s.
  104         497.4555, F.S.; authorizing a preneed licensee to
  105         charge a fee for performing certain duties related to
  106         a preneed contract; requiring disclosure of the
  107         charges; exempting charges from certain trust deposit
  108         requirements; authorizing the department to adopt
  109         rules; amending s. 497.456, F.S.; authorizing
  110         requirements that certain claims forms be sworn and
  111         notarized; amending s. 497.464, F.S.; deleting a
  112         requirement that trust payments for preneed contracts
  113         be deposited in this state; requiring that funds
  114         discharging a preneed contract be disbursed from the
  115         trust under certain circumstances; amending s.
  116         497.602, F.S.; revising the course requirements for a
  117         direct disposer license; deleting provisions requiring
  118         rules for the display of certain licenses; amending s.
  119         497.603, F.S.; requiring the licensing authority to
  120         adopt rules for the renewal of direct disposer
  121         licenses; requiring a course on communicable diseases;
  122         conforming the continuing education requirements for
  123         direct disposers to the repeal by the act of
  124         provisions requiring a course on HIV and AIDS;
  125         amending s. 497.604, F.S.; requiring a direct disposal
  126         establishment to have a licensed funeral director act
  127         as the direct disposer in charge and providing
  128         exceptions; requiring certain licensees to display
  129         their licenses in direct disposal establishments;
  130         repealing s. 497.367, F.S., relating to a continuing
  131         education course required for funeral directors and
  132         embalmers on HIV and AIDS; providing an effective
  133         date.
  134  
  135  Be It Enacted by the Legislature of the State of Florida:
  136  
  137         Section 1. Section 497.005, Florida Statutes, is amended to
  138  read:
  139         497.005 Definitions.—As used in this chapter, the term:
  140         (1) “Alternative container” means an unfinished wood box or
  141  other nonmetal receptacle or enclosure, without ornamentation or
  142  a fixed interior lining, that is designed for the encasement of
  143  human remains and that is made of fiberboard, pressed wood,
  144  composition materials (with or without an outside covering), or
  145  like materials.
  146         (2) “At-need solicitation” means any uninvited contact by a
  147  licensee or her or his agent for the purpose of the sale of
  148  burial services or merchandise to the family or next of kin of a
  149  person after her or his death has occurred.
  150         (3) “Bank of belowground crypts” means any construction
  151  unit of belowground crypts that is acceptable to the department
  152  and that a cemetery uses to initiate its belowground crypt
  153  program or to add to existing belowground crypt structures.
  154         (4) “Belowground crypts” consist of interment space in
  155  preplaced chambers, either side by side or multiple depth,
  156  covered by earth and sod and known also as “lawn crypts,”
  157  “westminsters,” or “turf-top crypts.”
  158         (5) “Board” means the Board of Funeral, Cemetery, and
  159  Consumer Services.
  160         (6) “Burial merchandise,” “funeral merchandise,” or
  161  “merchandise” means any personal property offered or sold by any
  162  person for use in connection with the final disposition,
  163  memorialization, interment, entombment, or inurnment of human
  164  remains or cremated remains, including, but not limited to,
  165  caskets, outer burial containers, alternative containers,
  166  cremation containers, cremation interment containers, urns,
  167  monuments, private mausoleums, flowers, benches, vases,
  168  acknowledgment cards, register books, memory folders, prayer
  169  cards, and clothing.
  170         (7) “Burial right” means the right to use a grave space,
  171  mausoleum, columbarium, ossuary, or scattering garden for the
  172  interment, entombment, inurnment, or other disposition of human
  173  remains or cremated remains.
  174         (8) “Burial service” or “service” means any service offered
  175  or provided in connection with the final disposition,
  176  memorialization, interment, entombment, or inurnment of human
  177  remains or cremated remains.
  178         (9) “Care and maintenance” means the perpetual process of
  179  keeping a cemetery and its lots, graves, grounds, landscaping,
  180  roads, paths, parking lots, fences, mausoleums, columbaria,
  181  vaults, crypts, utilities, and other improvements, structures,
  182  and embellishments in a well-cared-for and dignified condition,
  183  so that the cemetery does not become a nuisance or place of
  184  reproach and desolation in the community. As specified in the
  185  rules of the licensing authority, “care and maintenance” may
  186  include, but is not limited to, any or all of the following
  187  activities: mowing the grass at reasonable intervals; raking and
  188  cleaning the grave spaces and adjacent areas; pruning of shrubs
  189  and trees; suppression of weeds and exotic flora; and
  190  maintenance, upkeep, and repair of drains, water lines, roads,
  191  buildings, and other improvements. “Care and maintenance” may
  192  include, but is not limited to, reasonable overhead expenses
  193  necessary for such purposes, including maintenance of machinery,
  194  tools, and equipment used for such purposes. “Care and
  195  maintenance” may also include repair or restoration of
  196  improvements necessary or desirable as a result of wear,
  197  deterioration, accident, damage, or destruction. “Care and
  198  maintenance” does not include expenses for the construction and
  199  development of new grave spaces or interment structures to be
  200  sold to the public.
  201         (10) “Casket” means a rigid container that is designed for
  202  the encasement of human remains and that is usually constructed
  203  of wood or metal, ornamented, and lined with fabric.
  204         (11) “Cemetery” means a place dedicated to and used or
  205  intended to be used for the permanent interment of human remains
  206  or cremated remains. A cemetery may contain land or earth
  207  interment; mausoleum, vault, or crypt interment; a columbarium,
  208  ossuary, scattering garden, or other structure or place used or
  209  intended to be used for the interment or disposition of cremated
  210  remains; or any combination of one or more of such structures or
  211  places.
  212         (12) “Cemetery company” means any legal entity that owns or
  213  controls cemetery lands or property.
  214         (13) “Centralized embalming facility” means a facility in
  215  which embalming takes place that operates independently of a
  216  funeral establishment licensee and that offers embalming
  217  services to funeral directors for a fee.
  218         (14) “Cinerator” means a facility where dead human bodies
  219  are subjected to cremation.
  220         (15) “Closed container” means any container in which
  221  cremated remains can be placed and closed in a manner so as to
  222  prevent leakage or spillage of the remains.
  223         (16) “Columbarium” means a structure or building that is
  224  substantially exposed above the ground and that is intended to
  225  be used for the inurnment of cremated remains.
  226         (17) “Common business enterprise” means a group of two or
  227  more business entities that share common ownership in excess of
  228  50 percent.
  229         (18) “Control” means the possession, directly or
  230  indirectly, through the ownership of voting shares, by contract,
  231  arrangement, understanding, relationship, or otherwise, of the
  232  power to direct or cause the direction of the management and
  233  policies of a person or entity. However, a person or entity
  234  shall not be deemed to have control if the person or entity
  235  holds voting shares, in good faith and not for the purpose of
  236  circumventing this definition, as an agent, bank, broker,
  237  nominee, custodian, or trustee for one or more beneficial owners
  238  who do not individually or as a group have control.
  239         (19) “Cremated remains” means all the remains of the human
  240  body recovered after the completion of the cremation process,
  241  including processing or pulverization that leaves only bone
  242  fragments reduced to unidentifiable dimensions and may include
  243  the residue of any foreign matter, including casket material,
  244  bridgework, or eyeglasses that were cremated with the human
  245  remains.
  246         (20) “Cremation” means any mechanical or thermal process
  247  whereby a dead human body is reduced to ashes and bone
  248  fragments. Cremation also includes any other mechanical or
  249  thermal process whereby human remains are pulverized, burned,
  250  recremated, or otherwise further reduced in size or quantity.
  251         (21) “Cremation chamber” means the enclosed space within
  252  which the cremation process takes place. Cremation chambers
  253  covered by these procedures shall be used exclusively for the
  254  cremation of human remains.
  255         (22) “Cremation container” means the casket or alternative
  256  container in which the human remains are transported to and
  257  placed in the cremation chamber for a cremation. A cremation
  258  container should meet substantially all of the following
  259  standards:
  260         (a) Be composed of readily combustible or consumable
  261  materials suitable for cremation.
  262         (b) Be able to be closed in order to provide a complete
  263  covering for the human remains.
  264         (c) Be resistant to leakage or spillage.
  265         (d) Be rigid enough to be handled with ease.
  266         (e) Be able to provide protection for the health, safety,
  267  and personal integrity of crematory personnel.
  268         (23) “Cremation interment container” means a rigid outer
  269  container that, subject to a cemetery’s rules and regulations,
  270  is composed of concrete, steel, fiberglass, or some similar
  271  material in which an urn is placed prior to being interred in
  272  the ground and that is designed to support the earth above the
  273  urn.
  274         (24) “Department” means the Department of Financial
  275  Services.
  276         (25) “Direct disposal establishment” means a facility
  277  licensed under this chapter where a direct disposer practices
  278  direct disposition.
  279         (26) “Direct disposer” means any person licensed under this
  280  chapter to practice direct disposition in this state.
  281         (27) “Direct supervision” means supervision by a licensed:
  282         (a) Funeral director who provides initial direction and
  283  periodic inspection of the arrangements and who is physically
  284  present or on the premises of the funeral establishment at all
  285  times when the tasks, functions, and duties relating to funeral
  286  directing are performed; or
  287         (b) Embalmer who provides initial direction and instruction
  288  regarding the preservation of a dead human body in its entirety
  289  or in part and who is physically present or on the premises of
  290  the funeral establishment or embalming facility at all times
  291  when the tasks, functions, and duties relating to embalming are
  292  performed.
  293         (28)(27) “Director” means the director of the Division of
  294  Funeral, Cemetery, and Consumer Services.
  295         (29)(28) “Disinterment” means removal of a dead human body
  296  from earth interment or aboveground interment.
  297         (30)(29) “Division” means the Division of Funeral,
  298  Cemetery, and Consumer Services within the Department of
  299  Financial Services.
  300         (31)(30) “Embalmer” means any person licensed under this
  301  chapter to practice embalming in this state.
  302         (32)(31) “Final disposition” means the final disposal of a
  303  dead human body by earth interment, aboveground interment,
  304  cremation, burial at sea, or delivery to a medical institution
  305  for lawful dissection if the medical institution assumes
  306  responsibility for disposal. “Final disposition” does not
  307  include the disposal or distribution of cremated remains and
  308  residue of cremated remains.
  309         (33)(32) “Funeral” or “funeral service” means the
  310  observances, services, or ceremonies held to commemorate the
  311  life of a specific deceased human being and at which the human
  312  remains are present.
  313         (34)(33) “Funeral director” means any person licensed under
  314  this chapter to practice funeral directing in this state.
  315         (35)(34) “Funeral establishment” means a facility licensed
  316  under this chapter where a funeral director or embalmer
  317  practices funeral directing or embalming.
  318         (36) “General supervision” means supervision by a licensed:
  319         (a) Funeral director who is reasonably available and in a
  320  position to provide direction and guidance by being physically
  321  present, being on the premises of the funeral establishment, or
  322  being in proximity to the funeral establishment and available
  323  telephonically or by electronic communication at all times when
  324  the tasks, functions, and duties relating to funeral directing
  325  are performed; or
  326         (b) Embalmer who is reasonably available and in a position
  327  to provide direction and guidance by being physically present,
  328  being on the premises of the funeral establishment or embalming
  329  facility, or being in proximity to the funeral establishment or
  330  embalming facility and available telephonically or by electronic
  331  communication at all times when the tasks, functions, and duties
  332  relating to embalming are performed.
  333         (37)(35) “Grave space” means a space of ground in a
  334  cemetery intended to be used for the interment in the ground of
  335  human remains.
  336         (38)(36) “Human remains” or “remains,” or “dead human body”
  337  or “dead human bodies,” means the body of a deceased human
  338  person for which a death certificate or fetal death certificate
  339  is required under chapter 382 and includes the body in any stage
  340  of decomposition.
  341         (39)(37) “Legally authorized person” means, in the priority
  342  listed:,
  343         (a) The decedent, when written inter vivos authorizations
  344  and directions are provided by the decedent;
  345         (b) The person designated by the decedent as authorized to
  346  direct disposition pursuant to Pub. L. No. 109-163, s. 564, as
  347  listed on the decedent’s United States Department of Defense
  348  Record of Emergency Data, DD Form 93, or its successor form, if
  349  the decedent died while serving military service as described in
  350  10 U.S.C. s. 1481(a)(1)-(8) in any branch of the United States
  351  Armed Forces, United States Reserve Forces, or National Guard;
  352         (c) The surviving spouse, unless the spouse has been
  353  arrested for committing against the deceased an act of domestic
  354  violence as defined in s. 741.28 that resulted in or contributed
  355  to the death of the deceased;
  356         (d) A son or daughter who is 18 years of age or older;
  357         (e) A parent;
  358         (f) A brother or sister who is 18 years of age or older;
  359         (g) A grandchild who is 18 years of age or older;
  360         (h) A grandparent; or
  361         (i) Any person in the next degree of kinship.
  362  
  363  In addition, the term may include, if no family member exists or
  364  is available, the guardian of the dead person at the time of
  365  death; the personal representative of the deceased; the attorney
  366  in fact of the dead person at the time of death; the health
  367  surrogate of the dead person at the time of death; a public
  368  health officer; the medical examiner, county commission, or
  369  administrator acting under part II of chapter 406 or other
  370  public administrator; a representative of a nursing home or
  371  other health care institution in charge of final disposition; or
  372  a friend or other person not listed in this subsection who is
  373  willing to assume the responsibility as the legally authorized
  374  person. Where there is a person in any priority class listed in
  375  this subsection, the funeral establishment shall rely upon the
  376  authorization of any one legally authorized person of that class
  377  if that person represents that she or he is not aware of any
  378  objection to the cremation of the deceased’s human remains by
  379  others in the same class of the person making the representation
  380  or of any person in a higher priority class.
  381         (40)(38) “License” includes all authorizations required or
  382  issued under this chapter, except where expressly indicated
  383  otherwise, and shall be understood to include authorizations
  384  previously referred to as registrations or certificates of
  385  authority in chapters 470 and 497 as those chapters appeared in
  386  the 2004 edition of the Florida Statutes.
  387         (41)(39) “Licensee” means the person or entity holding any
  388  license or other authorization issued under this chapter, except
  389  where expressly indicated otherwise.
  390         (42)(40) “Mausoleum” means a structure or building that is
  391  substantially exposed above the ground and that is intended to
  392  be used for the entombment of human remains.
  393         (43)(41) “Mausoleum section” means any construction unit of
  394  a mausoleum that is acceptable to the department and that a
  395  cemetery uses to initiate its mausoleum program or to add to its
  396  existing mausoleum structures.
  397         (44)(42) “Monument” means any product used for identifying
  398  a grave site and cemetery memorials of all types, including
  399  monuments, markers, and vases.
  400         (45)(43) “Monument establishment” means a facility that
  401  operates independently of a cemetery or funeral establishment
  402  and that offers to sell monuments or monument services to the
  403  public for placement in a cemetery.
  404         (46)(44) “Net assets” means the amount by which the total
  405  assets of a licensee, excluding goodwill, franchises, customer
  406  lists, patents, trademarks, and receivables from or advances to
  407  officers, directors, employees, salespersons, and affiliated
  408  companies, exceed total liabilities of the licensee. For
  409  purposes of this definition, the term “total liabilities” does
  410  not include the capital stock, paid-in capital, or retained
  411  earnings of the licensee.
  412         (47)(45) “Net worth” means total assets minus total
  413  liabilities pursuant to generally accepted accounting
  414  principles.
  415         (48)(46) “Niche” means a compartment or cubicle for the
  416  memorialization or permanent placement of a container or urn
  417  containing cremated remains.
  418         (49)(47) “Ossuary” means a receptacle used for the communal
  419  placement of cremated remains without benefit of an urn or any
  420  other container in which cremated remains may be commingled with
  421  other cremated remains and are nonrecoverable. It may or may not
  422  include memorialization.
  423         (50)(48) “Outer burial container” means an enclosure into
  424  which a casket is placed and includes, but is not limited to,
  425  vaults made of concrete, steel, fiberglass, or copper; sectional
  426  concrete enclosures; crypts; and wooden enclosures.
  427         (51)(49) “Person,” when used without qualification such as
  428  “natural” or “individual,” includes both natural persons and
  429  legal entities.
  430         (52)(50) “Personal residence” means any residential
  431  building in which one temporarily or permanently maintains her
  432  or his abode, including, but not limited to, an apartment or a
  433  hotel, motel, nursing home, convalescent home, home for the
  434  aged, or a public or private institution.
  435         (53)(51) “Practice of direct disposition” means the
  436  cremation of human remains without preparation of the human
  437  remains by embalming and without any attendant services or rites
  438  such as funeral or graveside services or the making of
  439  arrangements for such final disposition.
  440         (54)(52) “Practice of embalming” means disinfecting or
  441  preserving or attempting to disinfect or preserve dead human
  442  bodies by replacing certain body fluids with preserving and
  443  disinfecting chemicals.
  444         (55)(53) “Practice of funeral directing” means the
  445  performance by a licensed funeral director of any of those
  446  functions authorized by s. 497.372.
  447         (56)(54) “Preneed contract” means any arrangement or
  448  method, of which the provider of funeral merchandise or services
  449  has actual knowledge, whereby any person agrees to furnish
  450  funeral merchandise or service in the future.
  451         (57)(55) “Preneed sales agent” means any person who is
  452  licensed under this chapter to sell preneed burial or funeral
  453  service and merchandise contracts or direct disposition
  454  contracts in this state.
  455         (58)(56) “Principal” means and includes the sole proprietor
  456  of a sole proprietorship; all partners of a partnership; all
  457  members of a limited liability company; regarding a corporation,
  458  all directors and officers, and all stockholders controlling
  459  more than 10 percent of the voting stock; and all other persons
  460  who can exercise control over the person or entity.
  461         (59)(57) “Processing” means the reduction of identifiable
  462  bone fragments after the completion of the cremation process to
  463  unidentifiable bone fragments by manual means.
  464         (60)(58) “Profession” and “occupation” are used
  465  interchangeably in this chapter. The use of the word
  466  “profession” in this chapter with respect to any activities
  467  regulated under this chapter shall not be deemed to mean that
  468  such activities are not occupations for other purposes in state
  469  or federal law.
  470         (61)(59) “Pulverization” means the reduction of
  471  identifiable bone fragments after the completion of the
  472  cremation and processing to granulated particles by manual or
  473  mechanical means.
  474         (62)(60) “Refrigeration facility” means a facility that is
  475  operated independently of a funeral establishment, crematory, or
  476  direct disposal establishment, that maintains space and
  477  equipment for the storage and refrigeration of dead human
  478  bodies, and that offers its service to funeral directors,
  479  funeral establishments, direct disposers, direct disposal
  480  establishments, or crematories for a fee.
  481         (63)(61) “Religious institution” means an organization
  482  formed primarily for religious purposes that has qualified for
  483  exemption from federal income tax as an exempt organization
  484  under the provisions of s. 501(c)(3) of the Internal Revenue
  485  Code of 1986, as amended.
  486         (64)(62) “Removal service” means any service that operates
  487  independently of a funeral establishment or a direct disposal
  488  establishment, that handles the initial removal of dead human
  489  bodies, and that offers its service to funeral establishments
  490  and direct disposal establishments for a fee.
  491         (65)(63) “Rules” refers to rules adopted under this chapter
  492  unless expressly indicated to the contrary.
  493         (66)(64) “Scattering garden” means a location set aside,
  494  within a cemetery, that is used for the spreading or
  495  broadcasting of cremated remains that have been removed from
  496  their container and can be mixed with or placed on top of the
  497  soil or ground cover or buried in an underground receptacle on a
  498  commingled basis and that are nonrecoverable. It may or may not
  499  include memorialization.
  500         (67)(65) “Servicing agent” means any person acting as an
  501  independent contractor whose fiduciary responsibility is to
  502  assist both the trustee and licensee in administrating their
  503  responsibilities pursuant to this chapter.
  504         (68)(66) “Solicitation” means any communication that
  505  directly or implicitly requests an immediate oral response from
  506  the recipient.
  507         (69)(67) “Statutory accounting” means generally accepted
  508  accounting principles, except as modified by this chapter.
  509         (70)(68) “Temporary container” means a receptacle for
  510  cremated remains usually made of cardboard, plastic, or similar
  511  material designated to hold the cremated remains until an urn or
  512  other permanent container is acquired.
  513         (71)(69) “Urn” means a receptacle designed to permanently
  514  encase cremated remains.
  515         Section 2. Subsection (2) of section 497.101, Florida
  516  Statutes, is amended to read:
  517         497.101 Board of Funeral, Cemetery, and Consumer Services;
  518  membership; appointment; terms.—
  519         (2) Two members of the board shall be funeral directors
  520  licensed under part III of this chapter who are associated with
  521  a funeral establishment. One member of the board shall be a
  522  funeral director licensed under part III of this chapter who is
  523  associated with a funeral establishment licensed under part III
  524  of this chapter that has a valid preneed license issued pursuant
  525  to this chapter and who owns or operates a cinerator facility
  526  approved under chapter 403 and licensed under part VI of this
  527  chapter. Two members of the board shall be persons whose primary
  528  occupation is associated with a cemetery company licensed
  529  pursuant to this chapter. Three members of the board shall be
  530  consumers who are residents of the state, have never been
  531  licensed as funeral directors or embalmers, are not connected
  532  with a cemetery or cemetery company licensed pursuant to this
  533  chapter, and are not connected with the death care industry or
  534  the practice of embalming, funeral directing, or direct
  535  disposition. One of the consumer members shall be at least 60
  536  years of age, and one shall be licensed as a certified public
  537  accountant under chapter 473. One member of the board shall be a
  538  principal of a monument establishment licensed under this
  539  chapter as a monument builder or, for board appointments made
  540  before June 1, 2006, a licensed monument establishment certified
  541  by the department to be eligible for licensure as a monument
  542  builder. One member shall be the State Health Officer or her or
  543  his designee. There shall not be two or more board members who
  544  are principals or employees of the same company or partnership
  545  or group of companies or partnerships under common control.
  546         Section 3. Subsection (8) is added to section 497.103,
  547  Florida Statutes, to read:
  548         497.103 Authority of board and department; Chief Financial
  549  Officer recommendations.—
  550         (8) STATE-OF-EMERGENCY WAIVER.—The licensing authority may
  551  temporarily waive any provision of this chapter during a state
  552  of emergency declared pursuant to s. 252.36 in any threatened
  553  area or areas specified in the Governor’s executive order or
  554  proclamation.
  555         Section 4. Subsection (9) is added to section 497.140,
  556  Florida Statutes, to read:
  557         497.140 Fees.—
  558         (9) The licensing authority may impose a fee upon a
  559  licensee for conducting an inspection of the licensee’s
  560  facilities if required under this chapter following a change in
  561  ownership or control or a change in location. The fee may not
  562  exceed the amount of the licensee’s annual inspection fee.
  563         Section 5. Subsection (5) of section 497.141, Florida
  564  Statutes, is amended, and subsection (13) is added to that
  565  section, to read:
  566         497.141 Licensing; general application procedures.—
  567         (5)(a) The licensing authority may not issue, and effective
  568  July 1, 2011, may not renew, a license under this chapter to an
  569  applicant that has a criminal record required to be disclosed
  570  under s. 497.142(10) unless the applicant demonstrates that
  571  issuance of the license, according to rules adopted by the
  572  licensing authority, does not create a danger to the public. A
  573  licensee who previously disclosed her or his criminal record
  574  upon initial application or renewal of her or his license must
  575  disclose only a criminal offense for which the licensee was
  576  convicted or entered a plea of guilty or nolo contendere since
  577  the most recent renewal of her or his license or, if the license
  578  has not been renewed, since the licensee’s initial application.
  579         (b) The board may refuse to rule on an initial application
  580  for licensure by any applicant who is under investigation or
  581  prosecution in any jurisdiction for an action which there is
  582  reasonable cause to believe would constitute a violation of this
  583  chapter if committed in this state, until such time as such
  584  investigation or prosecution is completed and the results of the
  585  investigation or prosecution are reviewed by the board.
  586         (13)(a) The licensing authority may adopt rules that
  587  require applicants for any category of licensure under this
  588  chapter to apply for the issuance or renewal of their licenses
  589  in an online electronic format.
  590         (b) The online electronic format for renewal of a license
  591  must not allow submission of an improperly prepared renewal
  592  application. Upon an applicant’s submission of her or his
  593  renewal application, the online electronic format must allow the
  594  applicant to print a receipt of the properly prepared renewal
  595  application.
  596         (c) The rules may allow an applicant to submit a paper form
  597  in lieu of the online electronic format and may impose an
  598  additional fee not to exceed $25 per form for submitting the
  599  paper form.
  600         Section 6. Paragraphs (a), (b), and (g) of subsection (10)
  601  of section 497.142, Florida Statutes, are amended to read:
  602         497.142 Licensing; fingerprinting and criminal background
  603  checks.—
  604         (10)(a) When applying for any license under this chapter,
  605  every applicant must shall be required to disclose the
  606  applicant’s criminal records in accordance with this subsection.
  607  When applying for renewal of any license under this chapter,
  608  every licensee must disclose only those criminal offenses
  609  required to be disclosed under this subsection since the most
  610  recent renewal of her or his license or, if the license has not
  611  been renewed, since the licensee’s initial application.
  612         (b) The criminal record required to be disclosed shall be
  613  any crime listed in paragraph (c) for of which the person or
  614  entity required to make disclosure has been convicted or to
  615  which that person or entity entered a plea in the nature of
  616  guilty or nolo contendere no contest. Disclosure is shall be
  617  required pursuant to this subsection regardless of whether
  618  adjudication is was entered or withheld by the court in which
  619  the case was prosecuted.
  620         (g) The licensing authority shall may adopt rules
  621  specifying forms and procedures to be used utilized by persons
  622  required to disclose criminal records under this subsection. The
  623  rules may require a licensee to disclose only those criminal
  624  records that have not previously been disclosed under this
  625  subsection at the renewal of her or his license or, if the
  626  license has not been renewed, at the initial issuance of the
  627  license. The licensing authority may conduct investigation and
  628  further inquiry of any person regarding any criminal record
  629  disclosed pursuant to this section.
  630         Section 7. Subsections (1), (2), and (3) of section
  631  497.143, Florida Statutes, are amended to read:
  632         497.143 Licensing; limited licenses for times of critical
  633  need retired professionals.—
  634         (1) It is the intent of the Legislature that, absent a
  635  threat to the health, safety, and welfare of the public, the use
  636  of retired Florida licensees professionals in good standing, and
  637  active licensees in good standing from other jurisdictions, be
  638  able to serve this state during times of critical need should be
  639  encouraged. To that end, rules may be adopted to permit practice
  640  by retired professionals as limited licensees under this
  641  section.
  642         (2) As used in For purposes of this section, the term
  643  “critical need” means an executive order of from the Governor or
  644  a federal order declaring that a state of emergency exists in an
  645  area.
  646         (3) The licensing authority may adopt rules for the
  647  issuance of limited licenses in accordance with this section. A
  648  Any person seeking desiring to obtain a limited license, when
  649  permitted by rule, shall submit to the department an application
  650  and fee, not to exceed $300, and an affidavit stating that the
  651  applicant is a retired Florida licensee or holds an active
  652  license has been licensed to practice in another any
  653  jurisdiction of in the United States for at least 10 years in
  654  the profession for which the applicant seeks the a limited
  655  license. The affidavit shall also state that the applicant has
  656  retired from the practice of that profession and intends to
  657  practice only pursuant to the restrictions of the limited
  658  license granted under pursuant to this section. If the applicant
  659  for a limited license submits a notarized statement from the
  660  employer stating that the applicant will not receive monetary
  661  compensation for any service involving the practice of her or
  662  his profession, all licensure fees shall be waived. In no event
  663  may A person holding a limited license under this section may
  664  not engage in preneed sales under the such limited license.
  665         Section 8. Subsection (5) of section 497.147, Florida
  666  Statutes, is amended to read:
  667         497.147 Continuing education; general provisions.—
  668         (5) The board may by rule provide up to 5 hours of
  669  continuing education credit for each per continuing education
  670  reporting period for licensees attending board meetings or
  671  selected types or portions of board meetings, as specified by
  672  such rules. The rules may limit the number of times such credit
  673  may be utilized by a licensee. The rules may include provisions
  674  that establish as to the minimum amount of time that must be
  675  spent in the board meeting room viewing proceedings, which may
  676  be more than 5 hours of attendance, requirements for advance
  677  notice by licensees to department staff of proposed attendance,
  678  requirements to sign in and out of the meeting room on lists
  679  maintained at the meeting site by department staff, forms that
  680  must be completed by the licensee to obtain such credit, and
  681  such other requirements deemed by the board to be advisable or
  682  necessary to prevent abuse of such rules and to ensure that
  683  useful information is obtained by licensees as a result of
  684  attendance. Procedural requirements of such rules requiring
  685  action by the department are shall be subject to approval by the
  686  department before prior to promulgation.
  687         Section 9. Subsection (2) of section 497.152, Florida
  688  Statutes, is amended to read:
  689         497.152 Disciplinary grounds.—This section sets forth
  690  conduct that is prohibited and that shall constitute grounds for
  691  denial of any application, imposition of discipline, or other
  692  enforcement action against the licensee or other person
  693  committing such conduct. For purposes of this section, the
  694  requirements of this chapter include the requirements of rules
  695  adopted under authority of this chapter. No subsection heading
  696  in this section shall be interpreted as limiting the
  697  applicability of any paragraph within the subsection.
  698         (2) CRIMINAL ACTIVITY.—Being convicted or found guilty of,
  699  or entering a plea of guilty or nolo contendere to, regardless
  700  of adjudication, a crime in any jurisdiction that relates to the
  701  practice of, or the ability to practice, a licensee’s profession
  702  or occupation under this chapter.
  703         Section 10. Subsection (4) is added to section 497.161,
  704  Florida Statutes, to read:
  705         497.161 Other rulemaking provisions.—
  706         (4) The department may, subject to approval by the board,
  707  adopt rules that temporarily suspend or modify any provision of
  708  this chapter during a state of emergency declared pursuant to s.
  709  252.36. The rules may allow only the suspension or modification
  710  of a provision that is necessary or advisable to allow licensees
  711  under this chapter to provide essential services to the public
  712  under the emergency conditions. The rules may be adopted before
  713  any emergency exists, but may not take effect until the Governor
  714  issues an executive order or proclamation declaring a state of
  715  emergency. The rules may remain in effect after a state of
  716  emergency is terminated but only for the limited period
  717  necessary to allow for the transition back to normal operations
  718  under the nonemergency requirements of this chapter. However, a
  719  rule suspending or modifying any provision of this chapter may
  720  not remain in effect for more than 12 months after the state of
  721  emergency is terminated.
  722         Section 11. Section 497.162, Florida Statutes, is amended
  723  to read:
  724         497.162 Health and safety education.—All individuals not
  725  licensed under this chapter who intend to be employed as
  726  operational personnel affiliated with a direct disposal
  727  establishment, cinerator facility, removal service,
  728  refrigeration facility, or centralized embalming facility who
  729  have direct contact with, as well as all nonlicensed individuals
  730  who intend to be involved in the removal or transportation of
  731  human remains on behalf of a funeral establishment, direct
  732  disposal establishment, or cinerator facility shall complete one
  733  course approved by the licensing authority on communicable
  734  diseases, within 30 10 days after the date that they begin
  735  functioning as operational personnel on behalf of any entity
  736  that is regulated by this chapter. The course shall not exceed 3
  737  hours and shall be offered at approved locations throughout the
  738  state. Such locations may include establishments that are
  739  licensed under this chapter. The licensing authority shall adopt
  740  rules to implement and enforce this provision, which rules shall
  741  include provisions that provide for the use of approved
  742  videocassette courses and other types of audio, video, Internet,
  743  or home study courses to fulfill the continuing education
  744  requirements of this section.
  745         Section 12. Paragraphs (a) and (b) of subsection (3) of
  746  section 497.166, Florida Statutes, are amended to read:
  747         497.166 Preneed sales.—
  748         (3)(a) The funeral director in charge of a funeral
  749  establishment is shall be responsible for the control and
  750  activities of the establishment’s preneed sales agents.
  751         (b) The direct disposer in charge or a funeral director
  752  acting as the a direct disposer in charge of a direct disposal
  753  establishment is shall be responsible for the control and
  754  activities of the establishment’s preneed sales agents.
  755         Section 13. Subsection (6) is added to section 497.277,
  756  Florida Statutes, to read:
  757         497.277 Other charges.—Other than the fees for the sale of
  758  burial rights, burial merchandise, and burial services, no other
  759  fee may be directly or indirectly charged, contracted for, or
  760  received by a cemetery company as a condition for a customer to
  761  use any burial right, burial merchandise, or burial service,
  762  except for:
  763         (6) Charges paid for processing, filing, and archiving a
  764  cemetery sales contract and for performing other administrative
  765  duties related to the contract. However, these charges may not
  766  be imposed on a cemetery sales contract for the opening and
  767  closing of a grave or other burial right or for the installation
  768  of a vault in a grave for which burial rights were previously
  769  purchased. A cemetery company must disclose these charges to the
  770  customer and include them on its standard printed price lists
  771  and other disclosure information provided to the public under s.
  772  497.282. These charges are not subject to the trust deposit
  773  requirements in s. 497.458. The department may, subject to
  774  approval by the board, adopt rules to administer this
  775  subsection.
  776         Section 14. Subsection (3) of section 497.278, Florida
  777  Statutes, is amended to read:
  778         497.278 Monuments; installation fees.—
  779         (3) A cemetery company may not require any person or firm
  780  that delivers, installs, places, or sets a monument to show
  781  proof of liability obtain any form of insurance coverage and, if
  782  required by law, workers’ compensation insurance coverage.
  783  However, a cemetery company may not set liability insurance
  784  coverage limits or require any person or firm to obtain any form
  785  of bond, or surety, or make any form of pledge, deposit, or
  786  monetary guarantee, as a condition for entry on or access to
  787  cemetery property.
  788         Section 15. Subsection (13) is added to section 497.365,
  789  Florida Statutes, to read:
  790         497.365 Licensure; inactive and delinquent status.—
  791         (13) A person may not embalm human remains unless he or she
  792  is licensed under this chapter as:
  793         (a) An embalmer;
  794         (b) A funeral director and embalmer; or
  795         (c) An embalmer intern or embalmer apprentice, while under
  796  the direct supervision or general supervision of a licensed
  797  embalmer or licensed funeral director and embalmer as required
  798  by this chapter.
  799         Section 16. Section 497.372, Florida Statutes, is amended
  800  to read:
  801         497.372 Funeral directing; conduct constituting practice of
  802  funeral directing.—
  803         (1) The practice of funeral directing shall be construed to
  804  consist of the following functions, which may be performed only
  805  by a licensed funeral director:
  806         (a) Selling or offering to sell funeral services,
  807  embalming, cremation, or other services relating to the final
  808  disposition of human remains, including the removal of such
  809  remains from the state, on an at-need basis.
  810         (b) Planning or arranging, on an at-need basis, the details
  811  of a funeral services, embalming, cremation, or other services
  812  relating to the final disposition of human remains, including
  813  the removal of such remains from the state, service with the
  814  family or friends of the decedent or any other person
  815  responsible for such services service; setting the time of the
  816  services service; establishing the type of services service to
  817  be rendered; acquiring the services of the clergy; and obtaining
  818  vital information for the filing of death certificates and
  819  obtaining of burial transit permits.
  820         (c) Making, negotiating, or completing the financial
  821  arrangements for a funeral services, embalming, cremation, or
  822  other services relating to the final disposition of human
  823  remains, including the removal of such remains from the state,
  824  service on an at-need basis, except provided that nonlicensed
  825  personnel may assist the funeral director in performing such
  826  tasks.
  827         (2) A funeral director may not engage in the practice of
  828  funeral directing except through affiliation with a funeral
  829  establishment licensed under this chapter. The board shall adopt
  830  by rule criteria for determining whether such an affiliation
  831  exists through the funeral director’s ownership of, employment
  832  by, or contractual relationship with, a funeral establishment.
  833  This subsection does not prohibit a funeral director from being
  834  designated the licensed funeral director in charge of a
  835  cineration facility.
  836         (3)(2) The practice of funeral directing shall not be
  837  construed to consist of the following functions:
  838         (a) The phoning-in, or faxing, or electronic transmission
  839  of obituary notices; ordering of flowers or merchandise;
  840  delivery of death certificates to attending physicians; or
  841  clerical preparation and processing of death certificates,
  842  insurance forms, and any clerical tasks that record the
  843  information compiled by the funeral director or that are
  844  incidental to any of the functions specified above.
  845         (b) Furnishing standard printed price lists and other
  846  disclosure information to the public by telephone or by
  847  providing such lists to persons making inquiry.
  848         (c) Removing or transporting human remains from the place
  849  of death, or removing or transporting human remains from or to a
  850  funeral establishment, centralized embalming facility,
  851  refrigeration facility, cemetery, crematory, medical examiner’s
  852  office, common carrier, or other locations as authorized and
  853  provided by law.
  854         (d) Arranging, coordinating, or employing licensed removal
  855  services, licensed refrigeration facilities, or licensed
  856  centralized embalming facilities.
  857         (e) Any aspect of making preneed funeral arrangements or
  858  entering into preneed contracts.
  859         (f) Any functions normally performed by cemetery or
  860  crematory personnel.
  861         Section 17. Paragraph (d) of subsection (1) and subsections
  862  (2) and (3) of section 497.373, Florida Statutes, are amended to
  863  read:
  864         497.373 Funeral directing; licensure as a funeral director
  865  by examination; provisional license.—
  866         (1) Any person desiring to be licensed as a funeral
  867  director shall apply to the licensing authority to take the
  868  licensure examination. The licensing authority shall examine
  869  each applicant who has remitted an examination fee set by rule
  870  of the licensing authority not to exceed $200 plus the actual
  871  per applicant cost to the licensing authority for portions of
  872  the examination and who the licensing authority certifies has:
  873         (d)1. Received an associate in arts degree, associate in
  874  science degree, or an associate in applied science degree in
  875  mortuary science approved by the licensing authority; or
  876         2. Holds an associate degree or higher from a college or
  877  university accredited by a regional accrediting agency
  878  association of colleges and schools recognized by the United
  879  States Department of Education and is a graduate of a at least
  880  an approved 1-year course of study in mortuary science or
  881  funeral service arts approved by the licensing authority from a
  882  college or university accredited by the American Board of
  883  Funeral Service Education.
  884         (2) The licensing authority shall license the applicant as
  885  a funeral director if she or he:
  886         (a) Passes an examination on the subjects of the theory and
  887  practice of funeral directing and funeral service arts, public
  888  health and sanitation, and local, state, and federal laws and
  889  rules relating to the disposition of dead human bodies; however,
  890  the licensing authority may approve there may be approved by
  891  rule the use of a national examination, such as the funeral
  892  service arts examination prepared by the Conference of Funeral
  893  Service Examining Boards, in lieu of part of this examination
  894  requirement.
  895         (b) Passes an examination approved by the department on the
  896  local, state, and federal laws and rules relating to the
  897  disposition of dead human bodies.
  898         (c)(b) Completes a 1-year internship under a licensed
  899  funeral director.
  900         (3) Any applicant who has completed the required 1-year
  901  internship and has been approved for examination as a funeral
  902  director may qualify for a provisional license to work in a
  903  licensed funeral establishment, under the direct supervision of
  904  a licensed funeral director for a limited period of 6 months as
  905  provided by rule of the licensing authority. However, a
  906  provisional licensee may work under the general supervision of a
  907  licensed funeral director upon passage of the laws-and-rules
  908  examination required under paragraph (2)(b). The fee for
  909  provisional licensure shall be set by rule of the licensing
  910  authority but may not exceed $200. The fee required in this
  911  subsection shall be nonrefundable and in addition to the fee
  912  required by subsection (1). This provisional license may be
  913  renewed no more than one time.
  914         Section 18. Paragraph (b) of subsection (1) of section
  915  497.374, Florida Statutes, is amended to read:
  916         497.374 Funeral directing; licensure as a funeral director
  917  by endorsement; licensure of a temporary funeral director.—
  918         (1) The licensing authority shall issue a license by
  919  endorsement to practice funeral directing to an applicant who
  920  has remitted a fee set by rule of the licensing authority not to
  921  exceed $200 and who:
  922         (b)1. Holds a valid license to practice funeral directing
  923  in another state of the United States, provided that, when the
  924  applicant secured her or his original license, the requirements
  925  for licensure were substantially equivalent to or more stringent
  926  than those existing in this state; or
  927         2. Meets the qualifications for licensure in s. 497.373 and
  928  has successfully completed a state, regional, or national
  929  examination in mortuary science or funeral service arts, which,
  930  as determined by rule of the licensing authority, is
  931  substantially equivalent to or more stringent than the
  932  examination given by the licensing authority.
  933         Section 19. Section 497.375, Florida Statutes, is amended
  934  to read:
  935         497.375 Funeral directing; licensure of a funeral director
  936  intern.—
  937         (1)(a) Any person desiring to become a funeral director
  938  intern must apply to the licensing authority shall make
  939  application on forms prescribed as required by rule of the
  940  licensing authority, together with a nonrefundable fee set as
  941  determined by rule of the licensing authority but not to exceed
  942  $200.
  943         (b)1. Except as provided in subparagraph 2., an applicant
  944  must hold the educational credentials required for licensure of
  945  a funeral director under s. 497.373(1)(d).
  946         2. An applicant who has not completed the educational
  947  credentials required for a funeral director license is eligible
  948  for licensure as a funeral director intern if the applicant:
  949         a. Holds an associate degree or higher in any field from a
  950  college or university accredited by a regional accrediting
  951  agency recognized by the United States Department of Education.
  952         b. Is currently enrolled in and attending a licensing
  953  authority-approved course of study in mortuary science or
  954  funeral service arts required for licensure of a funeral
  955  director under s. 497.373(1)(d)2.
  956         c. Has taken and received a passing grade in a college
  957  credit course in mortuary law or funeral service law and has
  958  taken and received a passing grade in a college credit course in
  959  ethics.
  960         (c) An The application must include shall indicate the name
  961  and address of the licensed funeral director licensed under s.
  962  497.373 or s. 497.374(1) under whose supervision the intern will
  963  receive training and the name of the licensed funeral
  964  establishment where the such training will is to be conducted.
  965         (d) A The funeral director intern may perform only the
  966  tasks, functions, and duties relating to funeral directing which
  967  are performed shall intern under the direct supervision of a
  968  licensed funeral director who has an active, valid license under
  969  s. 497.373 or s. 497.374(1). However, a funeral director intern
  970  may perform those tasks, functions, and duties under the general
  971  supervision of a licensed funeral director upon graduation from
  972  a licensing authority-approved course of study in mortuary
  973  science or funeral service arts required under s.
  974  497.373(1)(d)2. and passage of the laws-and-rules examination
  975  required under s. 497.373(2)(b), if the funeral director in
  976  charge of the funeral director internship training agency, after
  977  6 months of direct supervision, certifies to the licensing
  978  agency that the intern is competent to complete the internship
  979  under general supervision.
  980         (2) Rules shall be adopted establishing a funeral director
  981  internship program and criteria for funeral director intern
  982  training agencies and supervisors. Any funeral establishment
  983  where funeral directing is conducted may apply to the licensing
  984  authority for approval as a funeral director intern training
  985  agency.
  986         (3) A funeral establishment designated as a funeral
  987  director intern training agency may not exact a fee from any
  988  person obtaining intern training at such funeral establishment.
  989         (4)(a) A funeral director intern license expires 1 year
  990  after issuance and, except as provided in paragraph (b) or
  991  paragraph (c), may not be renewed.
  992         (b) A funeral director intern who is eligible for licensure
  993  under subparagraph (1)(b)2. may renew her or his funeral
  994  director intern license for an additional 1-year period if the
  995  funeral director in charge of the funeral director intern
  996  training agency certifies to the licensing authority that the
  997  intern has completed at least one-half of the course of study in
  998  mortuary science or funeral service arts.
  999         (c) The licensing authority may adopt rules that allow a
 1000  funeral director intern to renew her or his funeral director
 1001  intern license for an additional 1-year period if the funeral
 1002  director intern demonstrates her or his failure to complete the
 1003  internship before expiration of the license due to illness,
 1004  personal injury, or other substantial hardship beyond her or his
 1005  reasonable control or demonstrates that she or he has completed
 1006  the requirements for licensure as a funeral director but is
 1007  awaiting the results of a licensure examination. However, a
 1008  funeral director intern who renews her or his license under
 1009  paragraph (b) is not eligible to renew the license under this
 1010  paragraph.
 1011         (d) The licensing authority may require payment of a
 1012  nonrefundable fee for the renewal of any funeral director intern
 1013  license. The fee shall be set by rule of the licensing authority
 1014  but may not exceed the fee set pursuant to paragraph (1)(a) for
 1015  an initial funeral director intern license.
 1016         Section 20. Section 497.376, Florida Statutes, is amended
 1017  to read:
 1018         497.376 License as funeral director and embalmer permitted;
 1019  display of license.—
 1020         (1) Nothing in This chapter does not may be construed to
 1021  prohibit a person from holding a license as an embalmer and a
 1022  license as a funeral director at the same time. There may be
 1023  issued and renewed by the licensing authority a combination
 1024  license as both funeral director and embalmer to persons meeting
 1025  the separate requirements for both licenses as set forth in this
 1026  chapter. The licensing authority may adopt rules providing
 1027  procedures for applying for and renewing such combination
 1028  license. The licensing authority may by rule establish
 1029  application, renewal, and other fees for such combination
 1030  license, which fees shall not exceed the sum of the maximum fees
 1031  for the separate funeral director and embalmer license
 1032  categories as provided in this chapter. Persons holding a
 1033  combination license as a funeral director and an embalmer shall
 1034  be subject to regulation under this chapter both as a funeral
 1035  director and an embalmer.
 1036         (2) There shall be adopted rules which require each license
 1037  issued under this chapter to be displayed in such a manner as to
 1038  make it visible to the public and to facilitate inspection by
 1039  the licensing authority. However, each licensee shall
 1040  permanently affix a recent photograph of the licensee to each
 1041  displayed license issued to that licensee as a funeral director
 1042  or embalmer.
 1043         Section 21. Subsection (1) of section 497.378, Florida
 1044  Statutes, is amended to read:
 1045         497.378 Renewal of funeral director and embalmer licenses.—
 1046         (1) The licensing authority There shall renew be renewed a
 1047  funeral director or embalmer license upon receipt of the renewal
 1048  application and fee set by the licensing authority, not to
 1049  exceed $500. The licensing authority may adopt rules for the
 1050  renewal of a funeral director or embalmer license. The rules may
 1051  require prescribe by rule continuing education requirements of
 1052  up to 12 classroom hours and may by rule establish criteria for
 1053  accepting alternative nonclassroom continuing education on an
 1054  hour-for-hour basis, in addition to a licensing authority
 1055  approved course on communicable diseases that includes the
 1056  course on human immunodeficiency virus and acquired immune
 1057  deficiency syndrome required by s. 497.367, for the renewal of a
 1058  funeral director or embalmer license. The rules rule may also
 1059  provide for the waiver of continuing education requirements in
 1060  circumstances that would justify the waiver, such as hardship,
 1061  disability, or illness. The continuing education requirement is
 1062  not required for a licensee who is over the age of 75 years if
 1063  the licensee does not qualify as the sole person in charge of an
 1064  establishment or facility.
 1065         Section 22. Subsections (7) and (12) of section 497.380,
 1066  Florida Statutes, are amended, and subsection (15) is added to
 1067  that section, to read:
 1068         497.380 Funeral establishment; licensure; display of
 1069  license.—
 1070         (7) Each licensed funeral establishment shall have one
 1071  full-time funeral director in charge and shall have a licensed
 1072  funeral director reasonably available to the public during
 1073  normal business hours for the that establishment. The full-time
 1074  funeral director in charge is responsible for ensuring that the
 1075  facility, its operation, and all persons employed in the
 1076  facility comply with all applicable state and federal laws and
 1077  rules. The full-time funeral director in charge must have an
 1078  active license and may not be the full-time funeral director in
 1079  charge of any other funeral establishment or of any other direct
 1080  disposal establishment. Effective October 1, 2010, the full-time
 1081  funeral director in charge must hold an active, valid embalmer
 1082  license or combination license as a funeral director and an
 1083  embalmer. However, a funeral director may continue as the full
 1084  time funeral director in charge without an embalmer or
 1085  combination license if, as of September 30, 2010:
 1086         (a) The funeral establishment and the funeral director both
 1087  have active, valid licenses.
 1088         (b) The funeral director is currently the full-time funeral
 1089  director in charge of the funeral establishment.
 1090         (c) The name of the funeral director was included, as
 1091  required in subsection (4), in the funeral establishment’s most
 1092  recent application for issuance or renewal of its license or was
 1093  included in the establishment’s report of change provided under
 1094  paragraph (12)(c).
 1095         (12)(a) A change in ownership of a funeral establishment
 1096  shall be promptly reported pursuant to procedures established by
 1097  rule and shall require the relicensure of the funeral
 1098  establishment, including reinspection and payment of applicable
 1099  fees.
 1100         (b) A change in location of a funeral establishment shall
 1101  be promptly reported to the licensing authority pursuant to
 1102  procedures established by rule. Operations by the licensee at a
 1103  new location may not commence until an inspection by the
 1104  licensing authority of the facilities, pursuant to rules of the
 1105  licensing authority, has been conducted and passed at the new
 1106  location.
 1107         (c) A change in the funeral director in charge of a funeral
 1108  establishment shall be promptly reported pursuant to procedures
 1109  established by rule.
 1110         (15)(a) A funeral establishment and each funeral director
 1111  and, if applicable, embalmer employed at the establishment must
 1112  display their current licenses in a conspicuous place within the
 1113  establishment in such a manner as to make the licenses visible
 1114  to the public and to facilitate inspection by the licensing
 1115  authority. If a licensee is simultaneously employed at more than
 1116  one location, the licensee may display a copy of the license in
 1117  lieu of the original.
 1118         (b) Each licensee shall permanently affix a photograph
 1119  taken of the licensee within the previous 6 years to each
 1120  displayed license issued to that licensee as a funeral director
 1121  or embalmer.
 1122         Section 23. Section 497.4555, Florida Statutes, is created
 1123  to read:
 1124         497.4555 Charges for preneed contract.—A preneed licensee
 1125  may charge the purchaser of a preneed contract for processing,
 1126  filing, and archiving the contract and for performing other
 1127  administrative duties related to the contract. A preneed
 1128  licensee must disclose these charges to the purchaser and
 1129  include them on its standard printed price lists and other
 1130  disclosure information provided to the public under s. 497.468.
 1131  These charges are not subject to the trust deposit requirements
 1132  in s. 497.458. The department may, subject to approval by the
 1133  board, adopt rules to administer this section.
 1134         Section 24. Paragraph (a) of subsection (13) of section
 1135  497.456, Florida Statutes, is amended to read:
 1136         497.456 Preneed Funeral Contract Consumer Protection Trust
 1137  Fund.—
 1138         (13) Regarding the Preneed Funeral Contract Consumer
 1139  Protection Trust Fund, the licensing authority shall have
 1140  authority to adopt rules for the implementation of this section,
 1141  including:
 1142         (a) Forms to be used in filing claims against the trust
 1143  fund, which may require that the claims be sworn to or affirmed,
 1144  and that the forms be signed, before a notary public.
 1145         Section 25. Subsections (3) and (7) of section 497.464,
 1146  Florida Statutes, are amended to read:
 1147         497.464 Alternative preneed contracts.—
 1148         (3) The contract must require that the purchaser make all
 1149  payments required by the contract directly to the trustee or its
 1150  qualified servicing agent and that the funds shall be deposited
 1151  in this state, subject to the terms of a trust instrument
 1152  approved by the licensing authority. The licensing authority may
 1153  adopt rules establishing procedures and forms for the submission
 1154  of trust instruments for approval by the licensing authority,
 1155  establishing criteria for the approval of such trust
 1156  instruments, and specifying information required to be provided
 1157  by the applicant in connection with submission of a trust
 1158  instrument for approval. A copy of the trust instrument shall be
 1159  made available to the purchaser, at any reasonable time, upon
 1160  request.
 1161         (7) The trustee shall disburse Disbursement of funds
 1162  discharging a any preneed contract shall be made by the trustee
 1163  to the person issuing or writing the such contract upon the
 1164  trustee’s receipt of a certified copy of the contract
 1165  beneficiary’s death certificate or satisfactory of the contract
 1166  beneficiary and evidence, as the licensing authority shall
 1167  define by rule, satisfactory to the trustee that the preneed
 1168  contract has been fully performed in whole or in part. However,
 1169  if the contract is only partially performed, the disbursement
 1170  shall cover only that portion of the contract performed. In the
 1171  event of any contract default by the contract purchaser, or in
 1172  the event that the funeral merchandise or service contracted for
 1173  is not provided or is not desired by the purchaser or the heirs
 1174  or personal representative of the contract beneficiary, the
 1175  trustee shall return, within 30 days after its receipt of a
 1176  written request therefor, funds paid on the contract to the
 1177  contract purchaser or to her or his assigns, heirs, or personal
 1178  representative, subject to the lawful liquidation damage
 1179  provision in the contract.
 1180         Section 26. Paragraph (b) of subsection (3) and subsection
 1181  (5) of section 497.602, Florida Statutes, are amended to read:
 1182         497.602 Direct disposers, license required; licensing
 1183  procedures and criteria; regulation.—
 1184         (3) ACTION CONCERNING APPLICATIONS.—A duly completed
 1185  application for licensure under this section, accompanied by the
 1186  required fees, shall be approved if the licensing authority
 1187  determines that the following conditions are met:
 1188         (b) The applicant has taken and received a passing grade in
 1189  a college credit course in Florida mortuary law and has taken
 1190  and received a passing grade in a college credit course in
 1191  ethics.
 1192         (5) DISPLAY OF LICENSE.—There shall be adopted rules which
 1193  require each license issued under this section to be displayed
 1194  in such a manner as to make it visible to the public and to
 1195  facilitate inspection by the department. Each licensee shall
 1196  permanently affix a recent photograph of the licensee to each
 1197  displayed license issued to that licensee as a direct disposer.
 1198         Section 27. Subsection (2) of section 497.603, Florida
 1199  Statutes, is amended to read:
 1200         497.603 Direct disposers, renewal of license.—
 1201         (2) The licensing authority There shall adopt be adopted
 1202  rules establishing procedures, forms, and a schedule and forms
 1203  and procedure for the biennial renewal of direct disposer
 1204  licenses as direct disposers. The rules There shall require be
 1205  adopted by rule continuing education requirements of up to 6
 1206  classroom hours, including, but not limited to, a course on
 1207  communicable diseases approved by the licensing authority, and
 1208  there may establish by rule be established criteria for
 1209  accepting alternative nonclassroom continuing education on an
 1210  hour-for-hour basis, in addition to an approved course on
 1211  communicable diseases that includes the course on human
 1212  immunodeficiency virus and acquired immune deficiency syndrome
 1213  required by s. 497.367, for the renewal of a license as a direct
 1214  disposer.
 1215         Section 28. Paragraph (c) of subsection (2), subsection
 1216  (8), and paragraph (d) of subsection (9) of section 497.604,
 1217  Florida Statutes, are amended, and subsection (10) is added to
 1218  that section, to read:
 1219         497.604 Direct disposal establishments, license required;
 1220  licensing procedures and criteria; license renewal; regulation;
 1221  display of license.—
 1222         (2) APPLICATION PROCEDURES.—
 1223         (c) The application shall name the licensed direct disposer
 1224  or licensed funeral director who will be acting as the a direct
 1225  disposer in charge of the direct disposal establishment.
 1226         (8) SUPERVISION OF FACILITIES.—
 1227         (a) Effective October 1, 2010, each direct disposal
 1228  establishment shall have one full-time licensed direct disposer
 1229  or licensed funeral director acting as the a direct disposer in
 1230  charge. However, a licensed direct disposer may continue acting
 1231  as the direct disposer in charge, if, as of September 30, 2010:
 1232         1. The direct disposal establishment and the licensed
 1233  direct disposer both have active, valid licenses.
 1234         2. The licensed direct disposer is currently acting as the
 1235  direct disposer in charge of the direct disposal establishment.
 1236         3. The name of the licensed direct disposer was included,
 1237  as required in paragraph (2)(c), in the direct disposal
 1238  establishment’s most recent application for issuance or renewal
 1239  of its license or was included in the establishment’s notice of
 1240  change provided under subsection (7).
 1241         (b) The licensed funeral director or licensed direct
 1242  disposer in charge of a direct disposal establishment must be
 1243  and reasonably available to the public during normal business
 1244  hours for the that establishment and. Such person may be in
 1245  charge of only one direct disposal establishment facility. The
 1246  Such licensed funeral director or licensed direct disposer in
 1247  charge of the establishment is shall be responsible for making
 1248  sure the facility, its operations, and all persons employed in
 1249  the facility comply with all applicable state and federal laws
 1250  and rules.
 1251         (9) REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.—
 1252         (d) Each direct disposal establishment must display at the
 1253  public entrance the name of the establishment and the name of
 1254  the licensed direct disposer or licensed funeral director acting
 1255  as the a direct disposer in charge of the responsible for that
 1256  establishment. A direct disposal establishment must transact its
 1257  business under the name by which it is licensed.
 1258         (10) DISPLAY OF LICENSE.—
 1259         (a) A direct disposer establishment and each direct
 1260  disposer, or funeral director acting as a direct disposer,
 1261  employed at the establishment must display their current
 1262  licenses in a conspicuous place within the establishment in such
 1263  a manner as to make the licenses visible to the public and to
 1264  facilitate inspection by the licensing authority. If a licensee
 1265  is simultaneously employed at more than one location, the
 1266  licensee may display a copy of the license in lieu of the
 1267  original.
 1268         (b) Each licensee shall permanently affix a photograph
 1269  taken of the licensee within the previous 6 years to each
 1270  displayed license issued to that licensee as a direct disposer
 1271  or funeral director acting as a direct disposer.
 1272         Section 29. Section 497.367, Florida Statutes, is repealed.
 1273         Section 30. This act shall take effect July 1, 2010.