Florida Senate - 2026 CS for CS for SB 598
By the Appropriations Committee on Agriculture, Environment, and
General Government; the Committee on Banking and Insurance; and
Senator Truenow
601-03232-26 2026598c2
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 amending s. 497.459, F.S.; revising the method in
28 which a preneed licensee must send written notice to
29 cancel a preneed contract; authorizing the Board of
30 Funeral, Cemetery, and Consumer Services to adopt
31 rules; amending s. 497.607, F.S.; revising the
32 timeframe after which a funeral or direct disposal
33 establishment may dispose of cremated remains if the
34 remains have not been claimed; amending s. 627.404,
35 F.S.; revising the exceptions to the prohibition
36 relating to personal insurance; reenacting s.
37 497.260(5), F.S., relating to cemeteries, exemptions,
38 investigations, and mediation, to incorporate the
39 amendment made to s. 497.263, F.S., in a reference
40 thereto; providing an effective date.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Subsection (6) is added to section 497.164,
45 Florida Statutes, to read:
46 497.164 Solicitation of goods or services.—
47 (6) A licensee under this chapter may not enter into a
48 contract, agreement, or other arrangement in which such licensee
49 or any affiliated licensee becomes the exclusive or sole
50 provider of funeral, cremation, refrigeration, or removal
51 services for any entity that provides medical, palliative, or
52 other end-of-life care and services to the general public.
53 Section 2. Paragraph (g) of subsection (2) of section
54 497.263, Florida Statutes, is amended to read:
55 497.263 Cemetery companies; license required; licensure
56 requirements and procedures.—
57 (2) APPLICATION PROCEDURES.—
58 (g) The proposed cemetery must contain at least 30
59 contiguous acres. Such acreage must be contiguous, except that
60 parcels of land divided solely by a public right-of-way or
61 public road may be considered contiguous, provided the parcels
62 are in close geographic proximity and form a unified cemetery
63 property. The application must state the exact number of acres
64 in the proposed cemetery and must identify any public rights-of
65 way or roads dividing the parcels. Parcels located in separate
66 or distant geographic areas, even if along the same roadway or
67 corridor, do not satisfy the contiguity requirement of this
68 paragraph The application shall state the exact number of acres
69 in the proposed cemetery.
70 Section 3. Subsection (2) of section 497.270, Florida
71 Statutes, is amended to read:
72 497.270 Minimum acreage; sale or disposition of cemetery
73 lands.—
74 (2) Any lands owned by a licensee and dedicated for use by
75 it as a cemetery, which meet the criteria set forth in s.
76 497.263(2)(g) are in excess of a minimum of 30 contiguous acres,
77 may be sold, conveyed, or disposed of by the licensee, after
78 obtaining written approval pursuant to procedures and using
79 utilizing forms specified by rule and consistent with subsection
80 (3), for use by the new owner for other purposes than as a
81 cemetery. All of the human remains which have been previously
82 interred therein must shall first be have been removed from the
83 lands proposed to be sold, conveyed, or disposed of; however,
84 the provisions of ss. 497.152(8)(e) and 497.384 must be complied
85 with before prior to any disinterment of human remains. Any and
86 All titles, interests, or burial rights which may have been sold
87 or contracted to be sold in lands which are the subject of the
88 sale must shall be conveyed to and revested in the licensee
89 before prior to consummation of any such sale, conveyance, or
90 disposition.
91 Section 4. Subsection (4) of section 497.369, Florida
92 Statutes, is amended to read:
93 497.369 Embalmers; licensure as an embalmer by endorsement;
94 licensure of a temporary embalmer.—
95 (4) Each applicant for licensure by endorsement shall must
96 pass the examination on local, state, and federal laws and rules
97 relating to the disposition of dead human bodies which is
98 required under s. 497.368 and which shall be given by the
99 licensing authority. Licensure by endorsement under subparagraph
100 (1)(b)1. does not require any educational or testing
101 requirements other than those required in this subsection.
102 Section 5. Subsection (4) of section 497.374, Florida
103 Statutes, is amended to read:
104 497.374 Funeral directing; licensure as a funeral director
105 by endorsement; licensure of a temporary funeral director.—
106 (4) Each applicant for licensure by endorsement shall must
107 pass the examination on local, state, and federal laws and rules
108 relating to the disposition of dead human bodies which is
109 required under s. 497.373 and which shall be given by the
110 licensing authority. Licensure by endorsement under subparagraph
111 (1)(b)1. does not require education or testing requirements
112 other than those required in s. 497.373(2)(b).
113 Section 6. Paragraph (b) of subsection (1) of section
114 497.375, Florida Statutes, is amended to read:
115 497.375 Funeral directing; licensure of a funeral director
116 intern.—
117 (1)
118 (b)1. Except as provided in subparagraph 2., an applicant
119 must hold the educational credentials required for licensure of
120 a funeral director under s. 497.373(1)(d).
121 2. An applicant who has not completed the educational
122 credentials required for a funeral director license is eligible
123 for licensure as a funeral director intern if the applicant:
124 a. Holds an associate degree or higher in any field from a
125 college or university accredited by a regional accrediting
126 agency recognized by the United States Department of Education.
127 b. Is currently enrolled in and attending a licensing
128 authority-approved course of study in mortuary science or
129 funeral service arts required for licensure of a funeral
130 director under s. 497.373(1)(d)2.
131 c. Has taken and received a passing grade in a college
132 credit course in mortuary law or funeral service law and has
133 taken and received a passing grade in a college credit course in
134 ethics.
135 Section 7. Subsection (3) is added to section 497.376,
136 Florida Statutes, to read:
137 497.376 License as funeral director and embalmer
138 permitted.—
139 (3) An applicant for a combination license by endorsement
140 as a funeral director and embalmer under s. 497.373 and s.
141 497.369, respectively, is not required to meet any educational
142 or testing requirements other than those in ss. 497.373(2)(b)
143 and 497.369(4).
144 Section 8. Paragraph (a) of subsection (2) of section
145 497.377, Florida Statutes, is amended to read:
146 497.377 Combination funeral director and embalmer
147 internships.—
148 (2)(a) An applicant who has not completed the educational
149 credentials required for a combination license as both funeral
150 director and embalmer is eligible for licensure as a combination
151 funeral director and embalmer intern if the applicant:
152 1. Holds an associate degree or higher in any field from a
153 college or university accredited by a regional accrediting
154 agency recognized by the United States Department of Education;
155 or
156 2. Is currently enrolled in and attending a college
157 accredited by the American Board of Funeral Service Education
158 (ABFSE) in a course of study in mortuary science accredited by
159 ABFSE.
160 2. Has completed at least 75 percent of the course of study
161 in mortuary science as certified by the college in which the
162 applicant is currently enrolled.
163 3. Has taken and received a passing grade in a college
164 credit course in mortuary law or funeral service law and has
165 taken and received a passing grade in a college credit course in
166 ethics.
167 Section 9. Present subsections (6) and (7) of section
168 497.386, Florida Statutes, are redesignated as subsections (7)
169 and (8), respectively, and a new subsection (6) is added to that
170 section, to read:
171 497.386 Storage, preservation, and transportation of human
172 remains.—
173 (6) If any human remains have been in the lawful possession
174 of any licensee or licensed facility for 90 days or more, and
175 the legally authorized person of the decedent fails, neglects,
176 or refuses to direct the disposition, the licensee or licensed
177 facility may dispose of the human remains.
178 Section 10. Paragraph (b) of subsection (7) of section
179 497.459, Florida Statutes, is amended to read:
180 497.459 Cancellation of, or default on, preneed contracts;
181 required notice.—
182 (7) NOTICE TO PURCHASER OR LEGALLY AUTHORIZED PERSON.—
183 (b)1. The notice in paragraph (a) must be provided by
184 certified mail, registered mail, or permitted delivery service,
185 return receipt requested, to the last known e-mail or mailing
186 address of the purchaser or the beneficiary’s legally authorized
187 person, whichever is applicable, as provided to the preneed
188 licensee. If the notice is returned as undeliverable within 30
189 calendar days after the preneed licensee sent the notice, the
190 trustee must shall perform a diligent search and inquiry to
191 obtain a different e-mail or mailing address for the purchaser
192 or the beneficiary’s legally authorized person, whichever is
193 applicable. The board may adopt rules to implement this
194 subparagraph For purposes of this subparagraph, any address
195 known and used by the purchaser or the beneficiary’s legally
196 authorized person, whichever is applicable, for sending regular
197 mailings or other communications from the purchaser or the
198 beneficiary’s legally authorized person, whichever is
199 applicable, to the preneed licensee or any address produced
200 through a current address service or searchable database shall
201 be included with other addresses produced from the diligent
202 search and inquiry, if any. If the trustee’s diligent search and
203 inquiry produces an address different from the notice address,
204 the trustee shall mail a copy of the notice by certified mail,
205 registered mail, or permitted delivery service, return receipt
206 requested, to any and all addresses produced as a result of the
207 diligent search and inquiry.
208 2. If the purchaser or the beneficiary’s legally authorized
209 person, whichever is applicable, fails to respond to such notice
210 within 120 days after delivery of the last mailed notice under
211 subparagraph 1., the funds held in trust must be distributed in
212 accordance with the terms of the preneed contract, the trust
213 agreement, and any applicable provisions of chapter 717.
214 Section 11. Paragraph (a) of subsection (3) of section
215 497.607, Florida Statutes, is amended to read:
216 497.607 Cremation; procedure required.—
217 (3)(a) With respect to any person who intends to provide
218 for the cremation of the deceased, if, after 90 a period of 120
219 days from the time of cremation the cremated remains have not
220 been claimed, the funeral or direct disposal establishment may
221 dispose of the cremated remains. Such disposal includes shall
222 include scattering them at sea or placing them in a licensed
223 cemetery scattering garden or pond or in a church columbarium or
224 otherwise disposing of the remains as provided by rule.
225 Section 12. Subsection (5) of section 627.404, Florida
226 Statutes, is amended to read:
227 627.404 Insurable interest; personal insurance.—
228 (5) A contract of insurance upon a person, other than a
229 policy of prepaid funeral contract, group life insurance or
230 group or blanket accident, health, or disability insurance, may
231 not be carried out effectuated unless, on or before the time of
232 entering into such contract, the person insured, having legal
233 capacity to contract, applies for or consents in writing to the
234 contract and its terms, except that any person having an
235 insurable interest in the life of a minor younger than 15 years
236 of age or any person upon whom a minor younger than 15 years of
237 age is dependent for support and maintenance may obtain
238 effectuate a policy of insurance on the minor.
239 Section 13. For the purpose of incorporating the amendment
240 made by this act to section 497.263, Florida Statutes, in a
241 reference thereto, subsection (5) of section 497.260, Florida
242 Statutes, is reenacted to read:
243 497.260 Cemeteries; exemption; investigation and
244 mediation.—
245 (5) Any religious-institution-owned cemetery exempt under
246 subsection (1), except those cemeteries qualifying under
247 paragraph (1)(d), which becomes affiliated with a commercial
248 enterprise must meet the requirements of s. 497.263.
249 Section 14. This act shall take effect July 1, 2026.