Bill Text: FL S1152 | 2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Funeral, Cemetery, and Consumer Services Act [CPSC]
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-05-27 - Approved by Governor; Chapter No. 2010-125 [S1152 Detail]
Download: Florida-2010-S1152-Introduced.html
Bill Title: Funeral, Cemetery, and Consumer Services Act [CPSC]
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-05-27 - Approved by Governor; Chapter No. 2010-125 [S1152 Detail]
Download: Florida-2010-S1152-Introduced.html
Florida Senate - 2010 SB 1152 By Senator Bennett 21-00468A-10 20101152__ 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.; 4 defining the terms “direct supervision” and “general 5 supervision” as they relate to supervision by funeral 6 directors and embalmers; amending s. 497.101, F.S.; 7 revising qualifications for the membership of the 8 Board of Funeral, Cemetery, and Consumer Services; 9 amending s. 497.103, F.S.; authorizing the waiver of 10 certain provisions during a state of emergency; 11 amending s. 497.140, F.S.; authorizing fees for 12 certain inspections of licensees; amending s. 497.141, 13 F.S.; prohibiting the issuance or renewal of a license 14 to an applicant that has specified criminal records 15 under certain circumstances; authorizing a licensing 16 authority of the Department of Financial Services to 17 adopt rules; authorizing the licensing authority to 18 require the submission of applications in an online 19 electronic format; authorizing fees for applications 20 submitted in a paper format; amending s. 497.142, 21 F.S.; requiring an applicant for renewal of a license 22 to disclose certain criminal records; requiring an 23 applicant for issuance or renewal of a license to 24 disclose certain criminal pleas; requiring the 25 licensing authority to adopt rules for the disclosure 26 of criminal records; authorizing an exception from 27 disclosure requirements for previously disclosed 28 criminal records; amending s. 497.143, F.S.; revising 29 legislative intent; authorizing the licensing 30 authority to adopt rules for the issuance of limited 31 licenses to certain persons licensed outside the 32 state; revising eligibility and application 33 requirements for a limited license; amending s. 34 497.147, F.S.; deleting limits on the continuing 35 education credit provided for attendance at board 36 meetings; amending s. 497.152, F.S.; providing that 37 certain criminal pleas are a ground for denial of an 38 application or discipline of a licensee under chapter 39 497, F.S.; amending s. 497.161, F.S.; authorizing the 40 department to adopt rules that temporarily suspend or 41 modify certain provisions during and following a state 42 of emergency; amending s. 497.162, F.S.; revising 43 which nonlicensed personnel are required to complete a 44 course on communicable diseases; extending time for 45 completion of the course; amending s. 497.166, F.S.; 46 conforming terminology to changes made by the act; 47 amending s. 497.277, F.S.; authorizing a cemetery 48 company to charge a fee for performing specified 49 duties related to certain cemetery sales contracts; 50 requiring disclosure of the charges; exempting charges 51 from certain trust deposit requirements; authorizing 52 the department to adopt rules; amending s. 497.278, 53 F.S.; authorizing a cemetery company to require 54 certain persons and firms to show proof of certain 55 insurance coverage; prohibiting a cemetery company 56 from setting certain insurance coverage limits; 57 amending s. 497.372, F.S.; revising the acts which are 58 exempt from regulation as the practice of funeral 59 directing; amending s. 497.373, F.S.; revising the 60 educational and examination requirements for licensure 61 of funeral directors by examination; revising 62 requirements for supervision of provisional licensees; 63 amending s. 497.374, F.S.; revising the examination 64 requirements for licensure of funeral directors by 65 endorsement; amending s. 497.375, F.S.; establishing 66 educational requirements for funeral director intern 67 licenses; revising the application requirements for 68 funeral director intern licensees; revising 69 requirements for supervision of funeral director 70 interns; providing for the expiration of funeral 71 director intern licenses; prohibiting the renewal of 72 funeral director intern licenses except under certain 73 circumstances; authorizing rules for the renewal of 74 funeral director intern licenses; providing for 75 license renewal fees; amending s. 497.376, F.S.; 76 deleting provisions requiring rules for the display of 77 certain licenses; amending s. 497.378, F.S.; 78 conforming the continuing education requirements for 79 funeral directors and embalmers to the repeal by the 80 act of provisions requiring a course on HIV and AIDS; 81 authorizing the licensing authority to adopt rules for 82 the renewal of funeral director and embalmer licenses; 83 amending s. 497.380, F.S.; providing duties of a 84 funeral director in charge of a funeral establishment; 85 requiring a funeral director in charge to have an 86 embalmer license and providing exceptions; requiring 87 the reporting of a change in the funeral director in 88 charge of a funeral establishment; requiring certain 89 licensees to display their licenses in funeral 90 establishments; creating s. 497.4555, F.S.; 91 authorizing a preneed licensee to charge a fee for 92 performing certain duties related to a preneed 93 contract; requiring disclosure of the charges; 94 exempting charges from certain trust deposit 95 requirements; authorizing the department to adopt 96 rules; amending s. 497.456, F.S.; authorizing 97 requirements that certain claims forms be sworn and 98 notarized; amending s. 497.464, F.S.; deleting a 99 requirement that trust payments for preneed contracts 100 be deposited in this state; requiring that funds 101 discharging a preneed contract be disbursed from the 102 trust under certain circumstances; amending s. 103 497.602, F.S.; revising the course requirements for a 104 direct disposer license; deleting provisions requiring 105 rules for the display of certain licenses; amending s. 106 497.603, F.S.; requiring the licensing authority to 107 adopt rules for the renewal of direct disposer 108 licenses; requiring a course on communicable diseases; 109 conforming the continuing education requirements for 110 direct disposers to the repeal by the act of 111 provisions requiring a course on HIV and AIDS; 112 amending s. 497.604, F.S.; requiring a direct disposal 113 establishment to have a licensed funeral director act 114 as the direct disposer in charge and providing 115 exceptions; requiring certain licensees to display 116 their licenses in direct disposal establishments; 117 repealing s. 497.367, F.S., relating to a continuing 118 education course required for funeral directors and 119 embalmers on HIV and AIDS; providing an effective 120 date. 121 122 Be It Enacted by the Legislature of the State of Florida: 123 124 Section 1. Section 497.005, Florida Statutes, is amended to 125 read: 126 497.005 Definitions.—As used in this chapter, the term: 127 (1) “Alternative container” means an unfinished wood box or 128 other nonmetal receptacle or enclosure, without ornamentation or 129 a fixed interior lining, that is designed for the encasement of 130 human remains and that is made of fiberboard, pressed wood, 131 composition materials (with or without an outside covering), or 132 like materials. 133 (2) “At-need solicitation” means any uninvited contact by a 134 licensee or her or his agent for the purpose of the sale of 135 burial services or merchandise to the family or next of kin of a 136 person after her or his death has occurred. 137 (3) “Bank of belowground crypts” means any construction 138 unit of belowground crypts that is acceptable to the department 139 and that a cemetery uses to initiate its belowground crypt 140 program or to add to existing belowground crypt structures. 141 (4) “Belowground crypts” consist of interment space in 142 preplaced chambers, either side by side or multiple depth, 143 covered by earth and sod and known also as “lawn crypts,” 144 “westminsters,” or “turf-top crypts.” 145 (5) “Board” means the Board of Funeral, Cemetery, and 146 Consumer Services. 147 (6) “Burial merchandise,” “funeral merchandise,” or 148 “merchandise” means any personal property offered or sold by any 149 person for use in connection with the final disposition, 150 memorialization, interment, entombment, or inurnment of human 151 remains or cremated remains, including, but not limited to, 152 caskets, outer burial containers, alternative containers, 153 cremation containers, cremation interment containers, urns, 154 monuments, private mausoleums, flowers, benches, vases, 155 acknowledgment cards, register books, memory folders, prayer 156 cards, and clothing. 157 (7) “Burial right” means the right to use a grave space, 158 mausoleum, columbarium, ossuary, or scattering garden for the 159 interment, entombment, inurnment, or other disposition of human 160 remains or cremated remains. 161 (8) “Burial service” or “service” means any service offered 162 or provided in connection with the final disposition, 163 memorialization, interment, entombment, or inurnment of human 164 remains or cremated remains. 165 (9) “Care and maintenance” means the perpetual process of 166 keeping a cemetery and its lots, graves, grounds, landscaping, 167 roads, paths, parking lots, fences, mausoleums, columbaria, 168 vaults, crypts, utilities, and other improvements, structures, 169 and embellishments in a well-cared-for and dignified condition, 170 so that the cemetery does not become a nuisance or place of 171 reproach and desolation in the community. As specified in the 172 rules of the licensing authority, “care and maintenance” may 173 include, but is not limited to, any or all of the following 174 activities: mowing the grass at reasonable intervals; raking and 175 cleaning the grave spaces and adjacent areas; pruning of shrubs 176 and trees; suppression of weeds and exotic flora; and 177 maintenance, upkeep, and repair of drains, water lines, roads, 178 buildings, and other improvements. “Care and maintenance” may 179 include, but is not limited to, reasonable overhead expenses 180 necessary for such purposes, including maintenance of machinery, 181 tools, and equipment used for such purposes. “Care and 182 maintenance” may also include repair or restoration of 183 improvements necessary or desirable as a result of wear, 184 deterioration, accident, damage, or destruction. “Care and 185 maintenance” does not include expenses for the construction and 186 development of new grave spaces or interment structures to be 187 sold to the public. 188 (10) “Casket” means a rigid container that is designed for 189 the encasement of human remains and that is usually constructed 190 of wood or metal, ornamented, and lined with fabric. 191 (11) “Cemetery” means a place dedicated to and used or 192 intended to be used for the permanent interment of human remains 193 or cremated remains. A cemetery may contain land or earth 194 interment; mausoleum, vault, or crypt interment; a columbarium, 195 ossuary, scattering garden, or other structure or place used or 196 intended to be used for the interment or disposition of cremated 197 remains; or any combination of one or more of such structures or 198 places. 199 (12) “Cemetery company” means any legal entity that owns or 200 controls cemetery lands or property. 201 (13) “Centralized embalming facility” means a facility in 202 which embalming takes place that operates independently of a 203 funeral establishment licensee and that offers embalming 204 services to funeral directors for a fee. 205 (14) “Cinerator” means a facility where dead human bodies 206 are subjected to cremation. 207 (15) “Closed container” means any container in which 208 cremated remains can be placed and closed in a manner so as to 209 prevent leakage or spillage of the remains. 210 (16) “Columbarium” means a structure or building that is 211 substantially exposed above the ground and that is intended to 212 be used for the inurnment of cremated remains. 213 (17) “Common business enterprise” means a group of two or 214 more business entities that share common ownership in excess of 215 50 percent. 216 (18) “Control” means the possession, directly or 217 indirectly, through the ownership of voting shares, by contract, 218 arrangement, understanding, relationship, or otherwise, of the 219 power to direct or cause the direction of the management and 220 policies of a person or entity. However, a person or entity 221 shall not be deemed to have control if the person or entity 222 holds voting shares, in good faith and not for the purpose of 223 circumventing this definition, as an agent, bank, broker, 224 nominee, custodian, or trustee for one or more beneficial owners 225 who do not individually or as a group have control. 226 (19) “Cremated remains” means all the remains of the human 227 body recovered after the completion of the cremation process, 228 including processing or pulverization that leaves only bone 229 fragments reduced to unidentifiable dimensions and may include 230 the residue of any foreign matter, including casket material, 231 bridgework, or eyeglasses that were cremated with the human 232 remains. 233 (20) “Cremation” means any mechanical or thermal process 234 whereby a dead human body is reduced to ashes and bone 235 fragments. Cremation also includes any other mechanical or 236 thermal process whereby human remains are pulverized, burned, 237 recremated, or otherwise further reduced in size or quantity. 238 (21) “Cremation chamber” means the enclosed space within 239 which the cremation process takes place. Cremation chambers 240 covered by these procedures shall be used exclusively for the 241 cremation of human remains. 242 (22) “Cremation container” means the casket or alternative 243 container in which the human remains are transported to and 244 placed in the cremation chamber for a cremation. A cremation 245 container should meet substantially all of the following 246 standards: 247 (a) Be composed of readily combustible or consumable 248 materials suitable for cremation. 249 (b) Be able to be closed in order to provide a complete 250 covering for the human remains. 251 (c) Be resistant to leakage or spillage. 252 (d) Be rigid enough to be handled with ease. 253 (e) Be able to provide protection for the health, safety, 254 and personal integrity of crematory personnel. 255 (23) “Cremation interment container” means a rigid outer 256 container that, subject to a cemetery’s rules and regulations, 257 is composed of concrete, steel, fiberglass, or some similar 258 material in which an urn is placed prior to being interred in 259 the ground and that is designed to support the earth above the 260 urn. 261 (24) “Department” means the Department of Financial 262 Services. 263 (25) “Direct disposal establishment” means a facility 264 licensed under this chapter where a direct disposer practices 265 direct disposition. 266 (26) “Direct disposer” means any person licensed under this 267 chapter to practice direct disposition in this state. 268 (27) “Direct supervision” means supervision by a licensed: 269 (a) Funeral director who provides initial direction and 270 periodic inspection of the arrangements and who is physically 271 present or on the premises of the funeral establishment at all 272 times when the tasks, functions, and duties relating to funeral 273 directing are performed; or 274 (b) Embalmer who provides initial direction and instruction 275 regarding the preservation of a dead human body in its entirety 276 or in part and who is physically present or on the premises of 277 the funeral establishment or embalming facility at all times 278 when the tasks, functions, and duties relating to embalming are 279 performed. 280 (28)(27)“Director” means the director of the Division of 281 Funeral, Cemetery, and Consumer Services. 282 (29)(28)“Disinterment” means removal of a dead human body 283 from earth interment or aboveground interment. 284 (30)(29)“Division” means the Division of Funeral, 285 Cemetery, and Consumer Services within the Department of 286 Financial Services. 287 (31)(30)“Embalmer” means any person licensed under this 288 chapter to practice embalming in this state. 289 (32)(31)“Final disposition” means the final disposal of a 290 dead human body by earth interment, aboveground interment, 291 cremation, burial at sea, or delivery to a medical institution 292 for lawful dissection if the medical institution assumes 293 responsibility for disposal. “Final disposition” does not 294 include the disposal or distribution of cremated remains and 295 residue of cremated remains. 296 (33)(32)“Funeral” or “funeral service” means the 297 observances, services, or ceremonies held to commemorate the 298 life of a specific deceased human being and at which the human 299 remains are present. 300 (34)(33)“Funeral director” means any person licensed under 301 this chapter to practice funeral directing in this state. 302 (35)(34)“Funeral establishment” means a facility licensed 303 under this chapter where a funeral director or embalmer 304 practices funeral directing or embalming. 305 (36) “General supervision” means supervision by a licensed: 306 (a) Funeral director who is reasonably available and in a 307 position to provide direction and guidance by being physically 308 present, being on the premises of the funeral establishment, or 309 being in proximity to the funeral establishment and available 310 telephonically or by electronic communication at all times when 311 the tasks, functions, and duties relating to funeral directing 312 are performed; or 313 (b) Embalmer who is reasonably available and in a position 314 to provide direction and guidance by being physically present, 315 being on the premises of the funeral establishment or embalming 316 facility, or being in proximity to the funeral establishment or 317 embalming facility and available telephonically or by electronic 318 communication at all times when the tasks, functions, and duties 319 relating to embalming are performed. 320 (37)(35)“Grave space” means a space of ground in a 321 cemetery intended to be used for the interment in the ground of 322 human remains. 323 (38)(36)“Human remains” or “remains,” or “dead human body” 324 or “dead human bodies,” means the body of a deceased human 325 person for which a death certificate or fetal death certificate 326 is required under chapter 382 and includes the body in any stage 327 of decomposition. 328 (39)(37)“Legally authorized person” means, in the priority 329 listed, the decedent, when written inter vivos authorizations 330 and directions are provided by the decedent; the surviving 331 spouse, unless the spouse has been arrested for committing 332 against the deceased an act of domestic violence as defined in 333 s. 741.28 that resulted in or contributed to the death of the 334 deceased; a son or daughter who is 18 years of age or older; a 335 parent; a brother or sister who is 18 years of age or older; a 336 grandchild who is 18 years of age or older; a grandparent; or 337 any person in the next degree of kinship. In addition, the term 338 may include, if no family member exists or is available, the 339 guardian of the dead person at the time of death; the personal 340 representative of the deceased; the attorney in fact of the dead 341 person at the time of death; the health surrogate of the dead 342 person at the time of death; a public health officer; the 343 medical examiner, county commission, or administrator acting 344 under part II of chapter 406 or other public administrator; a 345 representative of a nursing home or other health care 346 institution in charge of final disposition; or a friend or other 347 person not listed in this subsection who is willing to assume 348 the responsibility as the legally authorized person. Where there 349 is a person in any priority class listed in this subsection, the 350 funeral establishment shall rely upon the authorization of any 351 one legally authorized person of that class if that person 352 represents that she or he is not aware of any objection to the 353 cremation of the deceased’s human remains by others in the same 354 class of the person making the representation or of any person 355 in a higher priority class. 356 (40)(38)“License” includes all authorizations required or 357 issued under this chapter, except where expressly indicated 358 otherwise, and shall be understood to include authorizations 359 previously referred to as registrations or certificates of 360 authority in chapters 470 and 497 as those chapters appeared in 361 the 2004 edition of the Florida Statutes. 362 (41)(39)“Licensee” means the person or entity holding any 363 license or other authorization issued under this chapter, except 364 where expressly indicated otherwise. 365 (42)(40)“Mausoleum” means a structure or building that is 366 substantially exposed above the ground and that is intended to 367 be used for the entombment of human remains. 368 (43)(41)“Mausoleum section” means any construction unit of 369 a mausoleum that is acceptable to the department and that a 370 cemetery uses to initiate its mausoleum program or to add to its 371 existing mausoleum structures. 372 (44)(42)“Monument” means any product used for identifying 373 a grave site and cemetery memorials of all types, including 374 monuments, markers, and vases. 375 (45)(43)“Monument establishment” means a facility that 376 operates independently of a cemetery or funeral establishment 377 and that offers to sell monuments or monument services to the 378 public for placement in a cemetery. 379 (46)(44)“Net assets” means the amount by which the total 380 assets of a licensee, excluding goodwill, franchises, customer 381 lists, patents, trademarks, and receivables from or advances to 382 officers, directors, employees, salespersons, and affiliated 383 companies, exceed total liabilities of the licensee. For 384 purposes of this definition, the term “total liabilities” does 385 not include the capital stock, paid-in capital, or retained 386 earnings of the licensee. 387 (47)(45)“Net worth” means total assets minus total 388 liabilities pursuant to generally accepted accounting 389 principles. 390 (48)(46)“Niche” means a compartment or cubicle for the 391 memorialization or permanent placement of a container or urn 392 containing cremated remains. 393 (49)(47)“Ossuary” means a receptacle used for the communal 394 placement of cremated remains without benefit of an urn or any 395 other container in which cremated remains may be commingled with 396 other cremated remains and are nonrecoverable. It may or may not 397 include memorialization. 398 (50)(48)“Outer burial container” means an enclosure into 399 which a casket is placed and includes, but is not limited to, 400 vaults made of concrete, steel, fiberglass, or copper; sectional 401 concrete enclosures; crypts; and wooden enclosures. 402 (51)(49)“Person,” when used without qualification such as 403 “natural” or “individual,” includes both natural persons and 404 legal entities. 405 (52)(50)“Personal residence” means any residential 406 building in which one temporarily or permanently maintains her 407 or his abode, including, but not limited to, an apartment or a 408 hotel, motel, nursing home, convalescent home, home for the 409 aged, or a public or private institution. 410 (53)(51)“Practice of direct disposition” means the 411 cremation of human remains without preparation of the human 412 remains by embalming and without any attendant services or rites 413 such as funeral or graveside services or the making of 414 arrangements for such final disposition. 415 (54)(52)“Practice of embalming” means disinfecting or 416 preserving or attempting to disinfect or preserve dead human 417 bodies by replacing certain body fluids with preserving and 418 disinfecting chemicals. 419 (55)(53)“Practice of funeral directing” means the 420 performance by a licensed funeral director of any of those 421 functions authorized by s. 497.372. 422 (56)(54)“Preneed contract” means any arrangement or 423 method, of which the provider of funeral merchandise or services 424 has actual knowledge, whereby any person agrees to furnish 425 funeral merchandise or service in the future. 426 (57)(55)“Preneed sales agent” means any person who is 427 licensed under this chapter to sell preneed burial or funeral 428 service and merchandise contracts or direct disposition 429 contracts in this state. 430 (58)(56)“Principal” means and includes the sole proprietor 431 of a sole proprietorship; all partners of a partnership; all 432 members of a limited liability company; regarding a corporation, 433 all directors and officers, and all stockholders controlling 434 more than 10 percent of the voting stock; and all other persons 435 who can exercise control over the person or entity. 436 (59)(57)“Processing” means the reduction of identifiable 437 bone fragments after the completion of the cremation process to 438 unidentifiable bone fragments by manual means. 439 (60)(58)“Profession” and “occupation” are used 440 interchangeably in this chapter. The use of the word 441 “profession” in this chapter with respect to any activities 442 regulated under this chapter shall not be deemed to mean that 443 such activities are not occupations for other purposes in state 444 or federal law. 445 (61)(59)“Pulverization” means the reduction of 446 identifiable bone fragments after the completion of the 447 cremation and processing to granulated particles by manual or 448 mechanical means. 449 (62)(60)“Refrigeration facility” means a facility that is 450 operated independently of a funeral establishment, crematory, or 451 direct disposal establishment, that maintains space and 452 equipment for the storage and refrigeration of dead human 453 bodies, and that offers its service to funeral directors, 454 funeral establishments, direct disposers, direct disposal 455 establishments, or crematories for a fee. 456 (63)(61)“Religious institution” means an organization 457 formed primarily for religious purposes that has qualified for 458 exemption from federal income tax as an exempt organization 459 under the provisions of s. 501(c)(3) of the Internal Revenue 460 Code of 1986, as amended. 461 (64)(62)“Removal service” means any service that operates 462 independently of a funeral establishment or a direct disposal 463 establishment, that handles the initial removal of dead human 464 bodies, and that offers its service to funeral establishments 465 and direct disposal establishments for a fee. 466 (65)(63)“Rules” refers to rules adopted under this chapter 467 unless expressly indicated to the contrary. 468 (66)(64)“Scattering garden” means a location set aside, 469 within a cemetery, that is used for the spreading or 470 broadcasting of cremated remains that have been removed from 471 their container and can be mixed with or placed on top of the 472 soil or ground cover or buried in an underground receptacle on a 473 commingled basis and that are nonrecoverable. It may or may not 474 include memorialization. 475 (67)(65)“Servicing agent” means any person acting as an 476 independent contractor whose fiduciary responsibility is to 477 assist both the trustee and licensee in administrating their 478 responsibilities pursuant to this chapter. 479 (68)(66)“Solicitation” means any communication that 480 directly or implicitly requests an immediate oral response from 481 the recipient. 482 (69)(67)“Statutory accounting” means generally accepted 483 accounting principles, except as modified by this chapter. 484 (70)(68)“Temporary container” means a receptacle for 485 cremated remains usually made of cardboard, plastic, or similar 486 material designated to hold the cremated remains until an urn or 487 other permanent container is acquired. 488 (71)(69)“Urn” means a receptacle designed to permanently 489 encase cremated remains. 490 Section 2. Subsection (2) of section 497.101, Florida 491 Statutes, is amended to read: 492 497.101 Board of Funeral, Cemetery, and Consumer Services; 493 membership; appointment; terms.— 494 (2) Two members of the board shall be funeral directors 495 licensed under part III of this chapter who are associated with 496 a funeral establishment. One member of the board shall be a 497 funeral director licensed under part III of this chapter who is 498 associated with a funeral establishment licensed under part III 499 of this chapter that has a valid preneed license issued pursuant 500 to this chapter and who owns or operates a cinerator facility 501 approved under chapter 403 and licensed under part VI of this 502 chapter. Two members of the board shall be persons whose primary 503 occupation is associated with a cemetery company licensed 504 pursuant to this chapter. Three members of the board shall be 505 consumers who are residents of the state, have never been 506 licensed as funeral directors or embalmers, are not connected 507 with a cemetery or cemetery company licensed pursuant to this 508 chapter, and are not connected with the death care industry or 509 the practice of embalming, funeral directing, or direct 510 disposition. One of the consumer members shall be at least 60 511 years of age, and one shall be licensed as a certified public 512 accountant under chapter 473. One member of the board shall be a 513 principal of a monument establishment licensed under this 514 chapter as a monument builderor, for board appointments made515before June 1, 2006, a licensed monument establishment certified516by the department to be eligible for licensure as a monument517builder. One member shall be the State Health Officer or her or 518 his designee. There shall not be two or more board members who 519 are principals or employees of the same company or partnership 520 or group of companies or partnerships under common control. 521 Section 3. Subsection (8) is added to section 497.103, 522 Florida Statutes, to read: 523 497.103 Authority of board and department; Chief Financial 524 Officer recommendations.— 525 (8) STATE-OF-EMERGENCY WAIVER.—The licensing authority may 526 temporarily waive any provision of this chapter during a state 527 of emergency declared pursuant to s. 252.36 in any threatened 528 area or areas specified in the Governor’s executive order or 529 proclamation. 530 Section 4. Subsection (9) is added to section 497.140, 531 Florida Statutes, to read: 532 497.140 Fees.— 533 (9) The licensing authority may impose a fee upon a 534 licensee for conducting an inspection of the licensee’s 535 facilities if required under this chapter following a change in 536 ownership or control or a change in location. The fee may not 537 exceed the amount of the licensee’s annual inspection fee. 538 Section 5. Subsection (5) of section 497.141, Florida 539 Statutes, is amended, and subsection (13) is added to that 540 section, to read: 541 497.141 Licensing; general application procedures.— 542 (5)(a) The licensing authority may not issue, and effective 543 July 1, 2011, may not renew, a license under this chapter to an 544 applicant that has a criminal record required to be disclosed 545 under s. 497.142(10) unless the applicant demonstrates that 546 issuance of the license, according to rules adopted by the 547 licensing authority, does not create a threat to the public. 548 This paragraph does not require a licensee who previously 549 disclosed a criminal record upon initial application or renewal 550 of a license to redisclose the criminal record. 551 (b) The board may refuse to rule on an initial application 552 for licensure by any applicant who is under investigation or 553 prosecution in any jurisdiction for an action which there is 554 reasonable cause to believe would constitute a violation of this 555 chapter if committed in this state, until such time as such 556 investigation or prosecution is completed and the results of the 557 investigation or prosecution are reviewed by the board. 558 (13)(a) The licensing authority may adopt rules that 559 require applicants for any category of licensure under this 560 chapter to apply for the issuance or renewal of their licenses 561 in an online electronic format. 562 (b) The online electronic format for renewal of a license 563 must not allow submission of an improperly prepared renewal 564 application. Upon an applicant’s submission of his or her 565 renewal application, the online electronic format must allow the 566 applicant to print a receipt of the properly prepared renewal 567 application. 568 (c) The rules may allow an applicant to submit a paper form 569 in lieu of the online electronic format and may impose an 570 additional fee not to exceed $25 per form for submitting the 571 paper form. 572 Section 6. Paragraphs (a), (b), and (g) of subsection (10) 573 of section 497.142, Florida Statutes, are amended to read: 574 497.142 Licensing; fingerprinting and criminal background 575 checks.— 576 (10)(a) When applying for any license, or renewal of any 577 license, under this chapter, every applicant mustshall be578required todisclose the applicant’s criminal records in 579 accordance with this subsection. 580 (b) The criminal record required to be disclosed shall be 581 any crime listed in paragraph (c) forofwhich the person or 582 entity required to make disclosure has been convicted or to 583 which that person or entity entered a pleain the natureof 584 guilty or no contest. Disclosure isshall berequiredpursuant585to this subsection regardless ofwhether adjudication iswas586 entered or withheld by the courtin which the case was587prosecuted. 588 (g) The licensing authority shallmayadopt rules 589 specifying forms and procedures to be usedutilizedby persons 590 required to disclose criminal records under this subsection. The 591 rules may require a licensee to disclose only those criminal 592 records that have not previously been disclosed under this 593 subsection at the renewal of his or her license or, if the 594 license has not been renewed, at the initial issuance of the 595 license. The licensing authority may conduct investigation and 596 further inquiry of any person regarding any criminal record 597 disclosed pursuant to this section. 598 Section 7. Subsections (1), (2), and (3) of section 599 497.143, Florida Statutes, are amended to read: 600 497.143 Licensing; limited licenses for times of critical 601 needretired professionals.— 602 (1) It is the intent of the Legislature that, absent a 603 threat to the health, safety, and welfare of the public,the use604ofretired Florida licenseesprofessionalsin good standing and 605 active licensees in good standing from other jurisdictions, be 606 able to serve this state during times of critical needshould be607encouraged.To that end, rules may be adopted to permit practice608by retired professionals as limited licensees under this609section.610 (2) As used inFor purposes ofthis section, the term 611 “critical need” means an executive order offromthe Governor or 612afederal order declaring that a state of emergency exists in an 613 area. 614 (3) The licensing authority may adopt rules for the 615 issuance of limited licenses in accordance with this section. A 616Anyperson seekingdesiring to obtaina limited license, when 617 permitted by rule, shall submit to the department an application 618and fee, not to exceed $300,and an affidavit stating that the 619 applicant is a retired Florida licensee or holds an active 620 licensehas been licensedto practice in anotherany621 jurisdiction ofinthe United Statesfor at least 10 yearsin 622 the profession for which the applicant seeks thealimited 623 license. The affidavit shall also state that the applicanthas624retired from the practice of that profession andintends to 625 practice only pursuant to the restrictions of the limited 626 license granted underpursuant tothis section.If the applicant627for a limited license submits a notarized statement from the628employer stating that the applicant will not receive monetary629compensation for any service involving the practice of her or630his profession, all licensure fees shall be waived. In no event631mayA person holding a limited license under this section may 632 not engage in preneed sales under thesuchlimited license. 633 Section 8. Subsection (5) of section 497.147, Florida 634 Statutes, is amended to read: 635 497.147 Continuing education; general provisions.— 636 (5) The board may by rule provideup to 5 hours of637 continuing education credit for eachpercontinuing education 638 reporting period for licensees attending board meetings or 639 selected types or portions of board meetings, as specified by 640 such rules.The rules may limit the number of times such credit641may be utilized by a licensee.The rules may include provisions 642 that establishas tothe minimum amount of time that must be 643 spent in the board meeting room viewing proceedings,which may644be more than 5 hours of attendance,requirements for advance 645 notice by licensees to department staff of proposed attendance, 646 requirements to sign in and out of the meeting room on lists 647 maintained at the meeting site by department staff, forms that 648 must be completed by the licensee to obtain such credit, and 649 such other requirements deemed by the board to be advisable or 650 necessary to prevent abuse of such rules and to ensure that 651 useful information is obtained by licensees as a result of 652 attendance. Procedural requirements of such rules requiring 653 action by the department areshall besubject to approval by the 654 department beforeprior topromulgation. 655 Section 9. Subsection (2) of section 497.152, Florida 656 Statutes, is amended to read: 657 497.152 Disciplinary grounds.—This section sets forth 658 conduct that is prohibited and that shall constitute grounds for 659 denial of any application, imposition of discipline, or other 660 enforcement action against the licensee or other person 661 committing such conduct. For purposes of this section, the 662 requirements of this chapter include the requirements of rules 663 adopted under authority of this chapter. No subsection heading 664 in this section shall be interpreted as limiting the 665 applicability of any paragraph within the subsection. 666 (2) CRIMINAL ACTIVITY.—Being convicted or found guilty of, 667 or entering a plea of guilty or nolo contendere to, regardless 668 of adjudication, a crime in any jurisdiction that relates to the 669 practice of, or the ability to practice, a licensee’s profession 670 or occupation under this chapter. 671 Section 10. Subsection (4) is added to section 497.161, 672 Florida Statutes, to read: 673 497.161 Other rulemaking provisions.— 674 (4) The department may, subject to approval by the board, 675 adopt rules that temporarily suspend or modify any provision of 676 this chapter during a state of emergency declared pursuant to s. 677 252.36. The rules may only allow the suspension or modification 678 of a provision which is necessary or advisable to allow 679 licensees under this chapter to provide essential services to 680 the public under the emergency conditions. The rules may be 681 adopted before any emergency exists but may not take effect 682 until the Governor issues an executive order or proclamation 683 declaring a state of emergency. The rules may remain in effect 684 after a state of emergency is terminated but only for the 685 limited period necessary to allow transition back to normal 686 operations under the nonemergency requirements of this chapter. 687 However, a rule suspending or modifying any provision of this 688 chapter may not remain in effect for more than 12 months after 689 the state of emergency is terminated. 690 Section 11. Section 497.162, Florida Statutes, is amended 691 to read: 692 497.162 Health and safety education.—All individuals not 693 licensed under this chapter who intend to be employed as 694 operational personnel affiliated with a direct disposal 695 establishment, cinerator facility, removal service, 696 refrigeration facility, or centralized embalming facility who 697 have direct contact with, as well as all nonlicensed individuals698who intend to be involved in the removal or transportation of699 human remains on behalf of a funeral establishment, direct 700 disposal establishment, or cinerator facility shall complete one 701 course approved by the licensing authority on communicable 702 diseases, within 3010days after the date that they begin 703 functioning as operational personnel on behalf of any entity 704 that is regulated by this chapter. The course shall not exceed 3 705 hours and shall be offered at approved locations throughout the 706 state. Such locations may include establishments that are 707 licensed under this chapter. The licensing authority shall adopt 708 rules to implement and enforce this provision, which rules shall 709 include provisions that provide for the use of approved 710 videocassette courses and other types of audio, video, Internet, 711 or home study courses to fulfill the continuing education 712 requirements of this section. 713 Section 12. Paragraphs (a) and (b) of subsection (3) of 714 section 497.166, Florida Statutes, are amended to read: 715 497.166 Preneed sales.— 716 (3)(a) The funeral director in charge of a funeral 717 establishment isshall beresponsible for the control and 718 activities of the establishment’s preneed sales agents. 719 (b) The direct disposer in charge or a funeral director 720 acting as theadirect disposer in charge of a direct disposal 721 establishment isshall beresponsible for the control and 722 activities of the establishment’s preneed sales agents. 723 Section 13. Subsection (6) is added to section 497.277, 724 Florida Statutes, to read: 725 497.277 Other charges.—Other than the fees for the sale of 726 burial rights, burial merchandise, and burial services, no other 727 fee may be directly or indirectly charged, contracted for, or 728 received by a cemetery company as a condition for a customer to 729 use any burial right, burial merchandise, or burial service, 730 except for: 731 (6) Charges paid for processing, filing, and archiving a 732 cemetery sales contract and for performing other administrative 733 duties related to the contract. However, these charges may not 734 be imposed on a cemetery sales contract for the opening and 735 closing of a grave or other burial right or for the installation 736 of a vault in a grave for which burial rights were previously 737 purchased. A cemetery company must disclose these charges to the 738 customer and include them on its standard printed price lists 739 and other disclosure information provided to the public under s. 740 497.282. These charges are not subject to the trust deposit 741 requirements in s. 497.458. The department may, subject to 742 approval by the board, adopt rules to administer this 743 subsection. 744 Section 14. Subsection (3) of section 497.278, Florida 745 Statutes, is amended to read: 746 497.278 Monuments; installation fees.— 747 (3) A cemetery company maynotrequire any person or firm 748 that delivers, installs, places, or sets a monument to show 749 proof of liabilityobtain any form ofinsurance coverage and, if 750 required by law, workers’ compensation insurance coverage. 751 However, a cemetery company may not set liability insurance 752 coverage limits or require any person or firm to obtain any form 753 of bond,or surety, or make any form of pledge, deposit, or 754 monetary guarantee, as a condition for entry on or access to 755 cemetery property. 756 Section 15. Paragraph (a) of subsection (2) of section 757 497.372, Florida Statutes, is amended to read: 758 497.372 Funeral directing; conduct constituting funeral 759 directing.— 760 (2) The practice of funeral directing shall not be 761 construed to consist of the following functions: 762 (a) The phoning-in,orfaxing, or electronic transmission 763 of obituary notices; ordering of flowers or merchandise; 764 delivery of death certificates to attending physicians; or 765 clerical preparation and processing of death certificates, 766 insurance forms, and any clerical tasks that record the 767 information compiled by the funeral director or that are 768 incidental to any of the functions specified above. 769 Section 16. Paragraph (d) of subsection (1) and subsections 770 (2) and (3) of section 497.373, Florida Statutes, are amended to 771 read: 772 497.373 Funeral directing; licensure as a funeral director 773 by examination; provisional license.— 774 (1) Any person desiring to be licensed as a funeral 775 director shall apply to the licensing authority to take the 776 licensure examination. The licensing authority shall examine 777 each applicant who has remitted an examination fee set by rule 778 of the licensing authority not to exceed $200 plus the actual 779 per applicant cost to the licensing authority for portions of 780 the examination and who the licensing authority certifies has: 781 (d)1. Received an associate in arts degree, associate in 782 science degree, or an associate in applied science degree in 783 mortuary science approved by the licensing authority; or 784 2. Holds an associate degree or higher from a college or 785 university accredited by a regional accrediting agency 786association of colleges and schoolsrecognized by the United 787 States Department of Education and is a graduate of aat least788an approved 1-yearcourse of study in mortuary science or 789 funeral service arts approved by the licensing authority from a 790 college or university accredited by the American Board of 791 Funeral Service Education. 792 (2) The licensing authority shall license the applicant as 793 a funeral director if she or he: 794 (a) Passes an examination onthe subjects ofthe theory and 795 practice of funeral directing and funeral service arts, public796health and sanitation, and local, state, and federal laws and797rules relating to the disposition of dead human bodies; however, 798 the licensing authority may approvethere may be approvedby 799 rule the use of a national examination, such as the funeral 800 service arts examination prepared by the Conference of Funeral 801 Service Examining Boards, in lieu ofpart ofthis examination 802 requirement. 803 (b) Passes an examination approved by the department on the 804 local, state, and federal laws and rules relating to the 805 disposition of dead human bodies. 806 (c)(b)Completes a 1-year internship under a licensed 807 funeral director. 808 (3) Any applicant who has completed the required 1-year 809 internship and has been approved for examination as a funeral 810 director may qualify for a provisional license to work in a 811 licensed funeral establishment, under the direct supervision of 812 a licensed funeral director fora limited period of6 months as 813 provided by rule of the licensing authority. However, a 814 provisional licensee may work under the general supervision of a 815 licensed funeral director upon passage of the laws-and-rules 816 examination required under paragraph (2)(b). The fee for 817 provisional licensure shall be set by rule of the licensing 818 authority but may not exceed $200. The fee required in this 819 subsection shall be nonrefundable and in addition to the fee 820 required by subsection (1). This provisional license may be 821 renewed no more than one time. 822 Section 17. Paragraph (b) of subsection (1) of section 823 497.374, Florida Statutes, is amended to read: 824 497.374 Funeral directing; licensure as a funeral director 825 by endorsement; licensure of a temporary funeral director.— 826 (1) The licensing authority shall issue a license by 827 endorsement to practice funeral directing to an applicant who 828 has remitted a fee set by rule of the licensing authority not to 829 exceed $200 and who: 830 (b)1. Holds a valid license to practice funeral directing 831 in another state of the United States, provided that, when the 832 applicant secured her or his original license, the requirements 833 for licensure were substantially equivalent to or more stringent 834 than those existing in this state; or 835 2. Meets the qualifications for licensure in s. 497.373 and 836 has successfully completed a state, regional, or national 837 examination in mortuary science or funeral service arts, which, 838 as determined by rule of the licensing authority, is 839 substantially equivalent to or more stringent than the 840 examination given by the licensing authority. 841 Section 18. Section 497.375, Florida Statutes, is amended 842 to read: 843 497.375 Funeral directing; licensure of a funeral director 844 intern.— 845 (1)(a) Any person desiring to become a funeral director 846 intern must apply to the licensing authorityshall make847applicationon forms prescribedas requiredby rule of the 848 licensing authority, together with a nonrefundable fee setas849determinedby rule of the licensing authoritybutnot to exceed 850 $200. 851 (b)1. Except as provided in subparagraph 2., an applicant 852 must hold the educational credentials required for licensure of 853 a funeral director under s. 497.373(1)(d). 854 2. An applicant who has not completed the educational 855 credentials required for a funeral director license is eligible 856 for licensure as a funeral director intern if the applicant: 857 a. Holds an associate degree or higher in any field from a 858 college or university accredited by a regional accrediting 859 agency recognized by the United States Department of Education. 860 b. Is currently enrolled in and attending a licensing 861 authority-approved course of study in mortuary science or 862 funeral service arts required for licensure of a funeral 863 director under s. 497.373(1)(d)2. 864 c. Has taken and received a passing grade in a college 865 credit course in mortuary law or funeral service law and has 866 taken and received a passing grade in a college credit course in 867 ethics. 868 (c) AnTheapplication must includeshall indicatethe name 869 and address of thelicensedfuneral director licensed under s. 870 497.373 or s. 497.374(1) under whose supervision the intern will 871 receive training and the name of the licensed funeral 872 establishment where thesuchtraining willis tobe conducted. 873 (d) AThefuneral director intern may perform only the 874 tasks, functions, and duties relating to funeral directing that 875 are performedshall internunder the direct supervision of a 876 licensed funeral director who has an active, valid license under 877 s. 497.373 or s. 497.374(1). However, a funeral director intern 878 may perform those tasks, functions, and duties under the general 879 supervision of a licensed funeral director upon graduation from 880 a licensing authority-approved course of study in mortuary 881 science or funeral service arts required under s. 882 497.373(1)(d)2. and passage of the laws-and-rules examination 883 required under s. 497.373(2)(b), if the funeral director in 884 charge of the funeral director internship training agency, after 885 6 months of direct supervision, certifies to the licensing 886 agency that the intern is competent to complete the internship 887 under general supervision. 888 (2) Rules shall be adopted establishing a funeral director 889 internship program and criteria for funeral director intern 890 training agencies and supervisors. Any funeral establishment 891 where funeral directing is conducted may apply to the licensing 892 authority for approval as a funeral director intern training 893 agency. 894 (3) A funeral establishment designated as a funeral 895 director intern training agency may not exact a fee from any 896 person obtaining intern training at such funeral establishment. 897 (4)(a) A funeral director intern license expires 1 year 898 after issuance and, except as provided in paragraph (b) or 899 paragraph (c), may not be renewed. 900 (b) A funeral director intern who is eligible for licensure 901 under subparagraph (1)(b)2. may renew his or her funeral 902 director intern license for an additional 1-year period if the 903 funeral director in charge of the funeral director intern 904 training agency certifies to the licensing authority that the 905 intern has completed at least one-half of the course of study in 906 mortuary science or funeral service arts. 907 (c) The licensing authority may adopt rules that allow a 908 funeral director intern to renew his or her funeral director 909 intern license for an additional 1-year period if the funeral 910 director intern demonstrates his or her failure to complete the 911 internship before expiration of the license due to illness, 912 personal injury, or other substantial hardship beyond his or her 913 reasonable control or demonstrates that he or she has completed 914 the requirements for licensure as a funeral director but is 915 awaiting the results of a licensure examination. However, a 916 funeral director intern who renews his or her license under 917 paragraph (b) is not eligible to renew the license under this 918 paragraph. 919 (d) The licensing authority may require payment of a 920 nonrefundable fee for the renewal of any funeral director intern 921 license. The fee shall be set by rule of the licensing authority 922 but may not exceed the fee set pursuant to paragraph (1)(a) for 923 an initial funeral director intern license. 924 Section 19. Section 497.376, Florida Statutes, is amended 925 to read: 926 497.376 License as funeral director and embalmer permitted;927display of license.— 928(1) Nothing inThis chapter does notmay be construed to929 prohibit a person from holding a license as an embalmer and a 930 license as a funeral director at the same time. There may be 931 issued and renewed by the licensing authority a combination 932 license as both funeral director and embalmer to persons meeting 933 the separate requirements for both licenses as set forth in this 934 chapter. The licensing authority may adopt rules providing 935 procedures for applying for and renewing such combination 936 license. The licensing authority may by rule establish 937 application, renewal, and other fees for such combination 938 license, which fees shall not exceed the sum of the maximum fees 939 for the separate funeral director and embalmer license 940 categories as provided in this chapter. Persons holding a 941 combination license as a funeral director and an embalmer shall 942 be subject to regulation under this chapter both as a funeral 943 director and an embalmer. 944(2) There shall be adopted rules which require each license945issued under this chapter to be displayed in such a manner as to946make it visible to the public and to facilitate inspection by947the licensing authority. However, each licensee shall948permanently affix a recent photograph of the licensee to each949displayed license issued to that licensee as a funeral director950or embalmer.951 Section 20. Subsection (1) of section 497.378, Florida 952 Statutes, is amended to read: 953 497.378 Renewal of funeral director and embalmer licenses.— 954 (1) The licensing authorityThereshall renewbe reneweda 955 funeral director or embalmer license upon receipt of the renewal 956 application and fee set by the licensing authority, not to 957 exceed $500. The licensing authority may adopt rules for the 958 renewal of a funeral director or embalmer license. The rules may 959 requireprescribe by rulecontinuing educationrequirementsof 960 up to 12 classroom hours and mayby ruleestablish criteria for 961 accepting alternative nonclassroom continuing education on an 962 hour-for-hour basis, in addition to a licensing authority 963 approved course on communicable diseasesthat includes the964course on human immunodeficiency virus and acquired immune965deficiency syndrome required by s.497.367,for the renewal of a 966 funeral director or embalmer license. The rulesrulemay also 967 provide for the waiver of continuing education requirements in 968 circumstances that would justify the waiver, such as hardship, 969 disability, or illness. The continuing education requirement is 970 not required for a licensee who is over the age of 75 years if 971 the licensee does not qualify as the sole person in charge of an 972 establishment or facility. 973 Section 21. Subsections (7) and (12) of section 497.380, 974 Florida Statutes, are amended, and subsection (15) is added to 975 that section, to read: 976 497.380 Funeral establishment; licensure; display of 977 license.— 978 (7) Each licensed funeral establishment shall have one 979 full-time funeral director in charge and shall have a licensed 980 funeral director reasonably available to the public during 981 normal business hours for thethatestablishment. The full-time 982 funeral director in charge is responsible for ensuring that the 983 facility, its operation, and all persons employed in the 984 facility comply with all applicable state and federal laws and 985 rules. The full-time funeral director in charge must have an 986 active license and may not be the full-time funeral director in 987 charge of any other funeral establishment or of any other direct 988 disposal establishment. Effective October 1, 2010, the full-time 989 funeral director in charge must hold an active, valid embalmer 990 license or combination license as a funeral director and an 991 embalmer. However, a funeral director may continue as the full 992 time funeral director in charge without an embalmer or 993 combination license if, as of September 30, 2010: 994 (a) The funeral establishment and the funeral director both 995 have active, valid licenses. 996 (b) The funeral director is currently the full-time funeral 997 director in charge of the funeral establishment. 998 (c) The name of the funeral director was included, as 999 required in subsection (4), in the funeral establishment’s most 1000 recent application for issuance or renewal of its license or was 1001 included in the establishment’s report of change provided under 1002 paragraph (12)(c). 1003 (12)(a) A change in ownership of a funeral establishment 1004 shall be promptly reported pursuant to procedures established by 1005 rule and shall require the relicensure of the funeral 1006 establishment, including reinspection and payment of applicable 1007 fees. 1008 (b) A change in location of a funeral establishment shall 1009 be promptly reported to the licensing authority pursuant to 1010 procedures established by rule. Operations by the licensee at a 1011 new location may not commence until an inspection by the 1012 licensing authority of the facilities, pursuant to rules of the 1013 licensing authority, has been conducted and passed at the new 1014 location. 1015 (c) A change in the funeral director in charge of a funeral 1016 establishment shall be promptly reported pursuant to procedures 1017 established by rule. 1018 (15)(a) A funeral establishment and each funeral director 1019 and, if applicable, embalmer employed at the establishment must 1020 display their current licenses in a conspicuous place within the 1021 establishment in such a manner as to make the licenses visible 1022 to the public and to facilitate inspection by the licensing 1023 authority. If a licensee is simultaneously employed at more than 1024 one location, the licensee may display a copy of the license in 1025 lieu of the original. 1026 (b) Each licensee shall permanently affix a photograph 1027 taken of the licensee within the previous 6 years to each 1028 displayed license issued to that licensee as a funeral director 1029 or embalmer. 1030 Section 22. Section 497.4555, Florida Statutes, is created 1031 to read: 1032 497.4555 Charges for preneed contract.—A preneed licensee 1033 may charge the purchaser of a preneed contract for processing, 1034 filing, and archiving the contract and for performing other 1035 administrative duties related to the contract. A preneed 1036 licensee must disclose these charges to the purchaser and 1037 include them on its standard printed price lists and other 1038 disclosure information provided to the public under s. 497.468. 1039 These charges are not subject to the trust deposit requirements 1040 in s. 497.458. The department may, subject to approval by the 1041 board, adopt rules to administer this section. 1042 Section 23. Paragraph (a) of subsection (13) of section 1043 497.456, Florida Statutes, is amended to read: 1044 497.456 Preneed Funeral Contract Consumer Protection Trust 1045 Fund.— 1046 (13) Regarding the Preneed Funeral Contract Consumer 1047 Protection Trust Fund, the licensing authority shall have 1048 authority to adopt rules for the implementation of this section, 1049 including: 1050 (a) Forms to be used in filing claims against the trust 1051 fund, which may require that the claims be sworn to or affirmed, 1052 and that the forms be signed, before a notary public. 1053 Section 24. Subsections (3) and (7) of section 497.464, 1054 Florida Statutes, are amended to read: 1055 497.464 Alternative preneed contracts.— 1056 (3) The contract must require that the purchaser make all 1057 payments required by the contract directly to the trustee or its 1058 qualified servicing agentand that the funds shall be deposited1059in this state, subject to the terms of a trust instrument 1060 approved by the licensing authority. The licensing authority may 1061 adopt rules establishing procedures and forms for the submission 1062 of trust instruments for approval by the licensing authority, 1063 establishing criteria for the approval of such trust 1064 instruments, and specifying information required to be provided 1065 by the applicant in connection with submission of a trust 1066 instrument for approval. A copy of the trust instrument shall be 1067 made available to the purchaser, at any reasonable time, upon 1068 request. 1069 (7) The trustee shall disburseDisbursement offunds 1070 discharging aanypreneed contractshall be made by the trustee1071 to the person issuing or writing thesuchcontract upon the 1072 trustee’s receipt of a certified copy of the contract 1073 beneficiary’s death certificate or satisfactoryof the contract1074beneficiary andevidence, as the licensing authority shall 1075 define by rule,satisfactory to the trusteethat the preneed 1076 contract has beenfullyperformed in whole or in part. However, 1077 if the contract is only partially performed, the disbursement 1078 shall only cover that portion of the contract performed. In the 1079 event of any contract default by the contract purchaser, or in 1080 the event that the funeral merchandise or service contracted for 1081 is not provided or is not desired by the purchaser or the heirs 1082 or personal representative of the contract beneficiary, the 1083 trustee shall return, within 30 days after its receipt of a 1084 written request therefor, funds paid on the contract to the 1085 contract purchaser or to her or his assigns, heirs, or personal 1086 representative, subject to the lawful liquidation damage 1087 provision in the contract. 1088 Section 25. Paragraph (b) of subsection (3) and subsection 1089 (5) of section 497.602, Florida Statutes, are amended to read: 1090 497.602 Direct disposers, license required; licensing 1091 procedures and criteria; regulation.— 1092 (3) ACTION CONCERNING APPLICATIONS.—A duly completed 1093 application for licensure under this section, accompanied by the 1094 required fees, shall be approved if the licensing authority 1095 determines that the following conditions are met: 1096 (b) The applicant has taken and received a passing grade in 1097 a college credit course inFloridamortuary law and has taken 1098 and received a passing grade in a college credit course in 1099 ethics. 1100(5) DISPLAY OF LICENSE.—There shall be adopted rules which1101require each license issued under this section to be displayed1102in such a manner as to make it visible to the public and to1103facilitate inspection by the department. Each licensee shall1104permanently affix a recent photograph of the licensee to each1105displayed license issued to that licensee as a direct disposer.1106 Section 26. Subsection (2) of section 497.603, Florida 1107 Statutes, is amended to read: 1108 497.603 Direct disposers, renewal of license.— 1109 (2) The licensing authorityThereshall adoptbe adopted1110 rules establishing procedures, forms, and a scheduleand forms1111and procedurefor the biennial renewal of direct disposer 1112 licensesas direct disposers. The rulesThereshall requirebe1113adopted by rulecontinuing educationrequirementsof up to 6 1114 classroom hours, including, but not limited to, a course on 1115 communicable diseases approved by the licensing authority, and 1116theremay establishby rule be establishedcriteria for 1117 accepting alternative nonclassroom continuing education on an 1118 hour-for-hour basis, in addition to an approved course on1119communicable diseases that includes the course on human1120immunodeficiency virus and acquired immune deficiency syndrome1121required by s.497.367, for the renewal of a license as a direct1122disposer. 1123 Section 27. Paragraph (c) of subsection (2), subsection 1124 (8), and paragraph (d) of subsection (9) of section 497.604, 1125 Florida Statutes, are amended, and subsection (10) is added to 1126 that section, to read: 1127 497.604 Direct disposal establishments, license required; 1128 licensing procedures and criteria; license renewal; regulation; 1129 display of license.— 1130 (2) APPLICATION PROCEDURES.— 1131 (c) The application shall name the licensed direct disposer 1132 or licensed funeral directorwho will beacting as theadirect 1133 disposer in charge of the direct disposal establishment. 1134 (8) SUPERVISION OF FACILITIES.— 1135 (a) Effective October 1, 2010, each direct disposal 1136 establishment shall have one full-timelicensed direct disposer1137orlicensed funeral director acting as theadirect disposer in 1138 charge. However, a licensed direct disposer may continue acting 1139 as the direct disposer in charge, if, as of September 30, 2010: 1140 1. The direct disposal establishment and the licensed 1141 direct disposer both have active, valid licenses. 1142 2. The licensed direct disposer is currently acting as the 1143 direct disposer in charge of the direct disposal establishment. 1144 3. The name of the licensed direct disposer was included, 1145 as required in paragraph (2)(c), in the direct disposal 1146 establishment’s most recent application for issuance or renewal 1147 of its license or was included in the establishment’s notice of 1148 change provided under subsection (7). 1149 (b) The licensed funeral director or licensed direct 1150 disposer in charge of a direct disposal establishment must be 1151andreasonably available to the public during normal business 1152 hours for thethatestablishment and. Such personmay be in 1153 charge of only one direct disposal establishmentfacility. The 1154Suchlicensed funeral director or licensed direct disposer in 1155 charge of the establishment isshall beresponsible for making 1156 sure the facility, its operations, and all persons employed in 1157 the facility comply with all applicable state and federal laws 1158 and rules. 1159 (9) REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.— 1160 (d) Each direct disposal establishment must display at the 1161 public entrance the name of the establishment and the name of 1162 the licensed direct disposer or licensed funeral director acting 1163 as theadirect disposer in charge of theresponsible for that1164 establishment. A direct disposal establishment must transact its 1165 business under the name by which it is licensed. 1166 (10) DISPLAY OF LICENSE.— 1167 (a) A direct disposer establishment and each direct 1168 disposer, or funeral director acting as a direct disposer, 1169 employed at the establishment must display their current 1170 licenses in a conspicuous place within the establishment in such 1171 a manner as to make the licenses visible to the public and to 1172 facilitate inspection by the licensing authority. If a licensee 1173 is simultaneously employed at more than one location, the 1174 licensee may display a copy of the license in lieu of the 1175 original. 1176 (b) Each licensee shall permanently affix a photograph 1177 taken of the licensee within the previous 6 years to each 1178 displayed license issued to that licensee as a direct disposer 1179 or funeral director acting as a direct disposer. 1180 Section 28. Section 497.367, Florida Statutes, is repealed. 1181 Section 29. This act shall take effect July 1, 2010.