HB 527

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

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