Florida Senate - 2026 CS for SB 598
By the Committee on Banking and Insurance; and Senator Truenow
597-02757-26 2026598c1
1 A bill to be entitled
2 An act relating to funeral, cemetery, and consumer
3 services; amending s. 497.164, F.S.; prohibiting a
4 licensee of funeral or cemetery services from entering
5 into certain contracts, agreements, or arrangements;
6 amending s. 497.263, F.S.; revising the procedures for
7 applicants seeking a cemetery license; amending s.
8 497.270, F.S.; conforming a provision to changes made
9 by the act; amending s. 497.369, F.S.; revising the
10 requirements for an applicant seeking licensure by
11 endorsement to be an embalmer; amending s. 497.374,
12 F.S.; revising the requirements for an applicant
13 seeking licensure by endorsement to be a funeral
14 director; amending s. 497.375, F.S.; deleting an
15 exception to the educational requirements for an
16 applicant seeking licensure to be a funeral director;
17 amending s. 497.376, F.S.; revising the requirements
18 for an applicant seeking a license by endorsement as a
19 combination funeral director and embalmer; amending s.
20 497.377, F.S.; revising the educational requirements
21 for licensure to be a combination funeral director and
22 embalmer intern; amending s. 497.386, F.S.;
23 authorizing a licensee or a licensed facility to
24 dispose of human remains in a specified manner if the
25 legally authorized person of the decedent fails,
26 neglects, or refuses to direct the disposition;
27 providing that the licensee or licensed facility is
28 not liable for any action arising out of such
29 disposal; amending s. 497.459, F.S.; revising the
30 method in which a preneed licensee must send written
31 notice to cancel a preneed contract; authorizing the
32 Board of Funeral, Cemetery, and Consumer Services to
33 adopt rules; amending s. 497.607, F.S.; revising the
34 timeframe after which a funeral or direct disposal
35 establishment may dispose of cremated remains if the
36 remains have not been claimed; amending s. 627.404,
37 F.S.; revising the exceptions to the prohibition
38 relating to personal insurance; reenacting s.
39 497.260(5), F.S., relating to cemeteries, exemptions,
40 investigations, and mediation, to incorporate the
41 amendment made to s. 497.263, F.S., in a reference
42 thereto; providing an effective date.
43
44 Be It Enacted by the Legislature of the State of Florida:
45
46 Section 1. Subsection (6) is added to section 497.164,
47 Florida Statutes, to read:
48 497.164 Solicitation of goods or services.—
49 (6) A licensee under this chapter may not enter into a
50 contract, agreement, or other arrangement in which such licensee
51 or any affiliated licensee becomes the exclusive or sole
52 provider of funeral, cremation, refrigeration, or removal
53 services for any entity that provides medical, palliative, or
54 other end-of-life care and services to the general public.
55 Section 2. Paragraph (g) of subsection (2) of section
56 497.263, Florida Statutes, is amended to read:
57 497.263 Cemetery companies; license required; licensure
58 requirements and procedures.—
59 (2) APPLICATION PROCEDURES.—
60 (g) The proposed cemetery must contain at least 30
61 contiguous acres. Such acreage must be contiguous, except that
62 parcels of land divided solely by a public right-of-way or
63 public road may be considered contiguous, provided the parcels
64 are in close geographic proximity and form a unified cemetery
65 property. The application must state the exact number of acres
66 in the proposed cemetery and must identify any public rights-of
67 way or roads dividing the parcels. Parcels located in separate
68 or distant geographic areas, even if along the same roadway or
69 corridor, do not satisfy the contiguity requirement of this
70 paragraph The application shall state the exact number of acres
71 in the proposed cemetery.
72 Section 3. Subsection (2) of section 497.270, Florida
73 Statutes, is amended to read:
74 497.270 Minimum acreage; sale or disposition of cemetery
75 lands.—
76 (2) Any lands owned by a licensee and dedicated for use by
77 it as a cemetery, which meet the criteria set forth in s.
78 497.263(2)(g) are in excess of a minimum of 30 contiguous acres,
79 may be sold, conveyed, or disposed of by the licensee, after
80 obtaining written approval pursuant to procedures and using
81 utilizing forms specified by rule and consistent with subsection
82 (3), for use by the new owner for other purposes than as a
83 cemetery. All of the human remains which have been previously
84 interred therein must shall first be have been removed from the
85 lands proposed to be sold, conveyed, or disposed of; however,
86 the provisions of ss. 497.152(8)(e) and 497.384 must be complied
87 with before prior to any disinterment of human remains. Any and
88 All titles, interests, or burial rights which may have been sold
89 or contracted to be sold in lands which are the subject of the
90 sale must shall be conveyed to and revested in the licensee
91 before prior to consummation of any such sale, conveyance, or
92 disposition.
93 Section 4. Subsection (4) of section 497.369, Florida
94 Statutes, is amended to read:
95 497.369 Embalmers; licensure as an embalmer by endorsement;
96 licensure of a temporary embalmer.—
97 (4) Each applicant for licensure by endorsement shall must
98 pass the examination on local, state, and federal laws and rules
99 relating to the disposition of dead human bodies which is
100 required under s. 497.368 and which shall be given by the
101 licensing authority. Licensure by endorsement under subparagraph
102 (1)(b)1. does not require any educational or testing
103 requirements other than those required in this subsection.
104 Section 5. Subsection (4) of section 497.374, Florida
105 Statutes, is amended to read:
106 497.374 Funeral directing; licensure as a funeral director
107 by endorsement; licensure of a temporary funeral director.—
108 (4) Each applicant for licensure by endorsement shall must
109 pass the examination on local, state, and federal laws and rules
110 relating to the disposition of dead human bodies which is
111 required under s. 497.373 and which shall be given by the
112 licensing authority. Licensure by endorsement under subparagraph
113 (1)(b)1. does not require education or testing requirements
114 other than those required in s. 497.373(2)(b).
115 Section 6. Paragraph (b) of subsection (1) of section
116 497.375, Florida Statutes, is amended to read:
117 497.375 Funeral directing; licensure of a funeral director
118 intern.—
119 (1)
120 (b)1. Except as provided in subparagraph 2., an applicant
121 must hold the educational credentials required for licensure of
122 a funeral director under s. 497.373(1)(d).
123 2. An applicant who has not completed the educational
124 credentials required for a funeral director license is eligible
125 for licensure as a funeral director intern if the applicant:
126 a. Holds an associate degree or higher in any field from a
127 college or university accredited by a regional accrediting
128 agency recognized by the United States Department of Education.
129 b. Is currently enrolled in and attending a licensing
130 authority-approved course of study in mortuary science or
131 funeral service arts required for licensure of a funeral
132 director under s. 497.373(1)(d)2.
133 c. Has taken and received a passing grade in a college
134 credit course in mortuary law or funeral service law and has
135 taken and received a passing grade in a college credit course in
136 ethics.
137 Section 7. Subsection (3) is added to section 497.376,
138 Florida Statutes, to read:
139 497.376 License as funeral director and embalmer
140 permitted.—
141 (3) An applicant for a combination license by endorsement
142 as a funeral director and embalmer under s. 497.373 and s.
143 497.369, respectively, is not required to meet any educational
144 or testing requirements other than those in ss. 497.373(2)(b)
145 and 497.369(4).
146 Section 8. Paragraph (a) of subsection (2) of section
147 497.377, Florida Statutes, is amended to read:
148 497.377 Combination funeral director and embalmer
149 internships.—
150 (2)(a) An applicant who has not completed the educational
151 credentials required for a combination license as both funeral
152 director and embalmer is eligible for licensure as a combination
153 funeral director and embalmer intern if the applicant:
154 1. Holds an associate degree or higher in any field from a
155 college or university accredited by a regional accrediting
156 agency recognized by the United States Department of Education;
157 or
158 2. Is currently enrolled in and attending a college
159 accredited by the American Board of Funeral Service Education
160 (ABFSE) in a course of study in mortuary science accredited by
161 ABFSE.
162 2. Has completed at least 75 percent of the course of study
163 in mortuary science as certified by the college in which the
164 applicant is currently enrolled.
165 3. Has taken and received a passing grade in a college
166 credit course in mortuary law or funeral service law and has
167 taken and received a passing grade in a college credit course in
168 ethics.
169 Section 9. Present subsections (6) and (7) of section
170 497.386, Florida Statutes, are redesignated as subsections (7)
171 and (8), respectively, and a new subsection (6) is added to that
172 section, to read:
173 497.386 Storage, preservation, and transportation of human
174 remains.—
175 (6) If any human remains have been in the lawful possession
176 of any licensee or licensed facility for 90 days or more, and
177 the legally authorized person of the decedent fails, neglects,
178 or refuses to direct the disposition, the licensee or licensed
179 facility may dispose of the human remains. Any licensee or
180 licensed facility that disposes of human remains pursuant to
181 this subsection may not be held liable for any action arising
182 out of such disposal.
183 Section 10. Paragraph (b) of subsection (7) of section
184 497.459, Florida Statutes, is amended to read:
185 497.459 Cancellation of, or default on, preneed contracts;
186 required notice.—
187 (7) NOTICE TO PURCHASER OR LEGALLY AUTHORIZED PERSON.—
188 (b)1. The notice in paragraph (a) must be provided by
189 certified mail, registered mail, or permitted delivery service,
190 return receipt requested, to the last known e-mail or mailing
191 address of the purchaser or the beneficiary’s legally authorized
192 person, whichever is applicable, as provided to the preneed
193 licensee. If the notice is returned as undeliverable within 30
194 calendar days after the preneed licensee sent the notice, the
195 trustee must shall perform a diligent search and inquiry to
196 obtain a different e-mail or mailing address for the purchaser
197 or the beneficiary’s legally authorized person, whichever is
198 applicable. The board may adopt rules to implement this
199 subparagraph For purposes of this subparagraph, any address
200 known and used by the purchaser or the beneficiary’s legally
201 authorized person, whichever is applicable, for sending regular
202 mailings or other communications from the purchaser or the
203 beneficiary’s legally authorized person, whichever is
204 applicable, to the preneed licensee or any address produced
205 through a current address service or searchable database shall
206 be included with other addresses produced from the diligent
207 search and inquiry, if any. If the trustee’s diligent search and
208 inquiry produces an address different from the notice address,
209 the trustee shall mail a copy of the notice by certified mail,
210 registered mail, or permitted delivery service, return receipt
211 requested, to any and all addresses produced as a result of the
212 diligent search and inquiry.
213 2. If the purchaser or the beneficiary’s legally authorized
214 person, whichever is applicable, fails to respond to such notice
215 within 120 days after delivery of the last mailed notice under
216 subparagraph 1., the funds held in trust must be distributed in
217 accordance with the terms of the preneed contract, the trust
218 agreement, and any applicable provisions of chapter 717.
219 Section 11. Paragraph (a) of subsection (3) of section
220 497.607, Florida Statutes, is amended to read:
221 497.607 Cremation; procedure required.—
222 (3)(a) With respect to any person who intends to provide
223 for the cremation of the deceased, if, after 90 a period of 120
224 days from the time of cremation the cremated remains have not
225 been claimed, the funeral or direct disposal establishment may
226 dispose of the cremated remains. Such disposal includes shall
227 include scattering them at sea or placing them in a licensed
228 cemetery scattering garden or pond or in a church columbarium or
229 otherwise disposing of the remains as provided by rule.
230 Section 12. Subsection (5) of section 627.404, Florida
231 Statutes, is amended to read:
232 627.404 Insurable interest; personal insurance.—
233 (5) A contract of insurance upon a person, other than a
234 policy of prepaid funeral contract, group life insurance or
235 group or blanket accident, health, or disability insurance, may
236 not be carried out effectuated unless, on or before the time of
237 entering into such contract, the person insured, having legal
238 capacity to contract, applies for or consents in writing to the
239 contract and its terms, except that any person having an
240 insurable interest in the life of a minor younger than 15 years
241 of age or any person upon whom a minor younger than 15 years of
242 age is dependent for support and maintenance may obtain
243 effectuate a policy of insurance on the minor.
244 Section 13. For the purpose of incorporating the amendment
245 made by this act to section 497.263, Florida Statutes, in a
246 reference thereto, subsection (5) of section 497.260, Florida
247 Statutes, is reenacted to read:
248 497.260 Cemeteries; exemption; investigation and
249 mediation.—
250 (5) Any religious-institution-owned cemetery exempt under
251 subsection (1), except those cemeteries qualifying under
252 paragraph (1)(d), which becomes affiliated with a commercial
253 enterprise must meet the requirements of s. 497.263.
254 Section 14. This act shall take effect July 1, 2026.