Bill Text: FL S1152 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Comm_Sub.html

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Florida Senate - 2010                      CS for CS for SB 1152 
 
By the Committees on Regulated Industries; and Banking and 
Insurance; and Senators Bennett and Negron 
580-04801-10                                          20101152c2 
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; expanding the definition of 
7         the term “legally authorized person” to include 
8         certain persons designated by a decedent pursuant to 
9         certain types of authority; amending s. 497.101, F.S.; 
10         revising qualifications for the membership of the 
11         Board of Funeral, Cemetery, and Consumer Services; 
12         amending s. 497.103, F.S.; authorizing the waiver of 
13         certain provisions during a state of emergency; 
14         amending s. 497.140, F.S.; authorizing fees for 
15         certain inspections of licensees; amending s. 497.141, 
16         F.S.; prohibiting the issuance or renewal of a license 
17         to an applicant that has specified criminal records 
18         under certain circumstances; authorizing a licensing 
19         authority of the Department of Financial Services to 
20         adopt rules; authorizing the licensing authority to 
21         require the submission of applications in an online 
22         electronic format; authorizing fees for applications 
23         submitted in a paper format; amending s. 497.142, 
24         F.S.; requiring an applicant for renewal of a license 
25         to disclose certain criminal offenses; requiring an 
26         applicant for issuance or renewal of a license to 
27         disclose certain criminal pleas; requiring the 
28         licensing authority to adopt rules for the disclosure 
29         of criminal records; authorizing an exception from 
30         disclosure requirements for previously disclosed 
31         criminal records; amending s. 497.143, F.S.; revising 
32         legislative intent; authorizing the licensing 
33         authority to adopt rules for the issuance of limited 
34         licenses to certain persons licensed outside the 
35         state; revising eligibility and application 
36         requirements for a limited license; amending s. 
37         497.147, F.S.; deleting limits on the continuing 
38         education credit provided for attendance at board 
39         meetings; amending s. 497.152, F.S.; providing that 
40         certain criminal pleas are a ground for denial of an 
41         application or discipline of a licensee under ch. 497, 
42         F.S.; amending s. 497.161, F.S.; authorizing the 
43         department to adopt rules that temporarily suspend or 
44         modify certain provisions during and following a state 
45         of emergency; amending s. 497.162, F.S.; revising 
46         which nonlicensed personnel are required to complete a 
47         course on communicable diseases; extending the time 
48         for completion of the course; amending s. 497.166, 
49         F.S.; conforming terminology to changes made by the 
50         act; amending s. 497.277, F.S.; authorizing a cemetery 
51         company to charge a fee for performing specified 
52         duties related to certain cemetery sales contracts; 
53         requiring disclosure of the charges; exempting charges 
54         from certain trust deposit requirements; authorizing 
55         the department to adopt rules; amending s. 497.278, 
56         F.S.; authorizing a cemetery company to require 
57         certain persons and firms to show proof of certain 
58         insurance coverage; prohibiting a cemetery company 
59         from setting certain insurance coverage limits; 
60         amending s. 497.365, F.S.; prohibiting the embalming 
61         of human remains except by certain licensees; amending 
62         s. 497.372, F.S.; revising certain functions construed 
63         to be the practice of funeral directing; prohibiting a 
64         funeral director from engaging in the practice of 
65         funeral directing except under certain circumstances; 
66         providing an exception; requiring that the Board of 
67         Funeral, Cemetery, and Consumer Services adopt rules; 
68         providing that certain provisions of state law do not 
69         prohibit a funeral director from being designated the 
70         licensed funeral director in charge of a cineration 
71         facility; revising the acts that are exempt from 
72         regulation as the practice of funeral directing; 
73         amending s. 497.373, F.S.; revising the educational 
74         and examination requirements for licensure of funeral 
75         directors by examination; revising requirements for 
76         the supervision of provisional licensees; amending s. 
77         497.374, F.S.; revising the examination requirements 
78         for licensure of funeral directors by endorsement; 
79         amending s. 497.375, F.S.; establishing educational 
80         requirements for funeral director intern licenses; 
81         revising the application requirements for funeral 
82         director intern licensees; revising requirements for 
83         the supervision of funeral director interns; providing 
84         for the expiration of funeral director intern 
85         licenses; prohibiting the renewal of funeral director 
86         intern licenses except under certain circumstances; 
87         authorizing rules for the renewal of funeral director 
88         intern licenses; providing for license renewal fees; 
89         amending s. 497.376, F.S.; deleting provisions 
90         requiring rules for the display of certain licenses; 
91         amending s. 497.378, F.S.; conforming the continuing 
92         education requirements for funeral directors and 
93         embalmers to the repeal by the act of provisions 
94         requiring a course on HIV and AIDS; authorizing the 
95         licensing authority to adopt rules for the renewal of 
96         funeral director and embalmer licenses; amending s. 
97         497.380, F.S.; providing duties of a funeral director 
98         in charge of a funeral establishment; requiring a 
99         funeral director in charge to have an embalmer license 
100         and providing exceptions; requiring the reporting of a 
101         change in the funeral director in charge of a funeral 
102         establishment; requiring certain licensees to display 
103         their licenses in funeral establishments; creating s. 
104         497.4555, F.S.; authorizing a preneed licensee to 
105         charge a fee for performing certain duties related to 
106         a preneed contract; requiring disclosure of the 
107         charges; exempting charges from certain trust deposit 
108         requirements; authorizing the department to adopt 
109         rules; amending s. 497.456, F.S.; authorizing 
110         requirements that certain claims forms be sworn and 
111         notarized; amending s. 497.464, F.S.; deleting a 
112         requirement that trust payments for preneed contracts 
113         be deposited in this state; requiring that funds 
114         discharging a preneed contract be disbursed from the 
115         trust under certain circumstances; amending s. 
116         497.602, F.S.; revising the course requirements for a 
117         direct disposer license; deleting provisions requiring 
118         rules for the display of certain licenses; amending s. 
119         497.603, F.S.; requiring the licensing authority to 
120         adopt rules for the renewal of direct disposer 
121         licenses; requiring a course on communicable diseases; 
122         conforming the continuing education requirements for 
123         direct disposers to the repeal by the act of 
124         provisions requiring a course on HIV and AIDS; 
125         amending s. 497.604, F.S.; requiring a direct disposal 
126         establishment to have a licensed funeral director act 
127         as the direct disposer in charge and providing 
128         exceptions; requiring certain licensees to display 
129         their licenses in direct disposal establishments; 
130         repealing s. 497.367, F.S., relating to a continuing 
131         education course required for funeral directors and 
132         embalmers on HIV and AIDS; providing an effective 
133         date. 
134 
135  Be It Enacted by the Legislature of the State of Florida: 
136 
137         Section 1. Section 497.005, Florida Statutes, is amended to 
138  read: 
139         497.005 Definitions.—As used in this chapter, the term: 
140         (1) “Alternative container” means an unfinished wood box or 
141  other nonmetal receptacle or enclosure, without ornamentation or 
142  a fixed interior lining, that is designed for the encasement of 
143  human remains and that is made of fiberboard, pressed wood, 
144  composition materials (with or without an outside covering), or 
145  like materials. 
146         (2) “At-need solicitation” means any uninvited contact by a 
147  licensee or her or his agent for the purpose of the sale of 
148  burial services or merchandise to the family or next of kin of a 
149  person after her or his death has occurred. 
150         (3) “Bank of belowground crypts” means any construction 
151  unit of belowground crypts that is acceptable to the department 
152  and that a cemetery uses to initiate its belowground crypt 
153  program or to add to existing belowground crypt structures. 
154         (4) “Belowground crypts” consist of interment space in 
155  preplaced chambers, either side by side or multiple depth, 
156  covered by earth and sod and known also as “lawn crypts,” 
157  “westminsters,” or “turf-top crypts.” 
158         (5) “Board” means the Board of Funeral, Cemetery, and 
159  Consumer Services. 
160         (6) “Burial merchandise,” “funeral merchandise,” or 
161  “merchandise” means any personal property offered or sold by any 
162  person for use in connection with the final disposition, 
163  memorialization, interment, entombment, or inurnment of human 
164  remains or cremated remains, including, but not limited to, 
165  caskets, outer burial containers, alternative containers, 
166  cremation containers, cremation interment containers, urns, 
167  monuments, private mausoleums, flowers, benches, vases, 
168  acknowledgment cards, register books, memory folders, prayer 
169  cards, and clothing. 
170         (7) “Burial right” means the right to use a grave space, 
171  mausoleum, columbarium, ossuary, or scattering garden for the 
172  interment, entombment, inurnment, or other disposition of human 
173  remains or cremated remains. 
174         (8) “Burial service” or “service” means any service offered 
175  or provided in connection with the final disposition, 
176  memorialization, interment, entombment, or inurnment of human 
177  remains or cremated remains. 
178         (9) “Care and maintenance” means the perpetual process of 
179  keeping a cemetery and its lots, graves, grounds, landscaping, 
180  roads, paths, parking lots, fences, mausoleums, columbaria, 
181  vaults, crypts, utilities, and other improvements, structures, 
182  and embellishments in a well-cared-for and dignified condition, 
183  so that the cemetery does not become a nuisance or place of 
184  reproach and desolation in the community. As specified in the 
185  rules of the licensing authority, “care and maintenance” may 
186  include, but is not limited to, any or all of the following 
187  activities: mowing the grass at reasonable intervals; raking and 
188  cleaning the grave spaces and adjacent areas; pruning of shrubs 
189  and trees; suppression of weeds and exotic flora; and 
190  maintenance, upkeep, and repair of drains, water lines, roads, 
191  buildings, and other improvements. “Care and maintenance” may 
192  include, but is not limited to, reasonable overhead expenses 
193  necessary for such purposes, including maintenance of machinery, 
194  tools, and equipment used for such purposes. “Care and 
195  maintenance” may also include repair or restoration of 
196  improvements necessary or desirable as a result of wear, 
197  deterioration, accident, damage, or destruction. “Care and 
198  maintenance” does not include expenses for the construction and 
199  development of new grave spaces or interment structures to be 
200  sold to the public. 
201         (10) “Casket” means a rigid container that is designed for 
202  the encasement of human remains and that is usually constructed 
203  of wood or metal, ornamented, and lined with fabric. 
204         (11) “Cemetery” means a place dedicated to and used or 
205  intended to be used for the permanent interment of human remains 
206  or cremated remains. A cemetery may contain land or earth 
207  interment; mausoleum, vault, or crypt interment; a columbarium, 
208  ossuary, scattering garden, or other structure or place used or 
209  intended to be used for the interment or disposition of cremated 
210  remains; or any combination of one or more of such structures or 
211  places. 
212         (12) “Cemetery company” means any legal entity that owns or 
213  controls cemetery lands or property. 
214         (13) “Centralized embalming facility” means a facility in 
215  which embalming takes place that operates independently of a 
216  funeral establishment licensee and that offers embalming 
217  services to funeral directors for a fee. 
218         (14) “Cinerator” means a facility where dead human bodies 
219  are subjected to cremation. 
220         (15) “Closed container” means any container in which 
221  cremated remains can be placed and closed in a manner so as to 
222  prevent leakage or spillage of the remains. 
223         (16) “Columbarium” means a structure or building that is 
224  substantially exposed above the ground and that is intended to 
225  be used for the inurnment of cremated remains. 
226         (17) “Common business enterprise” means a group of two or 
227  more business entities that share common ownership in excess of 
228  50 percent. 
229         (18) “Control” means the possession, directly or 
230  indirectly, through the ownership of voting shares, by contract, 
231  arrangement, understanding, relationship, or otherwise, of the 
232  power to direct or cause the direction of the management and 
233  policies of a person or entity. However, a person or entity 
234  shall not be deemed to have control if the person or entity 
235  holds voting shares, in good faith and not for the purpose of 
236  circumventing this definition, as an agent, bank, broker, 
237  nominee, custodian, or trustee for one or more beneficial owners 
238  who do not individually or as a group have control. 
239         (19) “Cremated remains” means all the remains of the human 
240  body recovered after the completion of the cremation process, 
241  including processing or pulverization that leaves only bone 
242  fragments reduced to unidentifiable dimensions and may include 
243  the residue of any foreign matter, including casket material, 
244  bridgework, or eyeglasses that were cremated with the human 
245  remains. 
246         (20) “Cremation” means any mechanical or thermal process 
247  whereby a dead human body is reduced to ashes and bone 
248  fragments. Cremation also includes any other mechanical or 
249  thermal process whereby human remains are pulverized, burned, 
250  recremated, or otherwise further reduced in size or quantity. 
251         (21) “Cremation chamber” means the enclosed space within 
252  which the cremation process takes place. Cremation chambers 
253  covered by these procedures shall be used exclusively for the 
254  cremation of human remains. 
255         (22) “Cremation container” means the casket or alternative 
256  container in which the human remains are transported to and 
257  placed in the cremation chamber for a cremation. A cremation 
258  container should meet substantially all of the following 
259  standards: 
260         (a) Be composed of readily combustible or consumable 
261  materials suitable for cremation. 
262         (b) Be able to be closed in order to provide a complete 
263  covering for the human remains. 
264         (c) Be resistant to leakage or spillage. 
265         (d) Be rigid enough to be handled with ease. 
266         (e) Be able to provide protection for the health, safety, 
267  and personal integrity of crematory personnel. 
268         (23) “Cremation interment container” means a rigid outer 
269  container that, subject to a cemetery’s rules and regulations, 
270  is composed of concrete, steel, fiberglass, or some similar 
271  material in which an urn is placed prior to being interred in 
272  the ground and that is designed to support the earth above the 
273  urn. 
274         (24) “Department” means the Department of Financial 
275  Services. 
276         (25) “Direct disposal establishment” means a facility 
277  licensed under this chapter where a direct disposer practices 
278  direct disposition. 
279         (26) “Direct disposer” means any person licensed under this 
280  chapter to practice direct disposition in this state. 
281         (27) “Direct supervision” means supervision by a licensed: 
282         (a) Funeral director who provides initial direction and 
283  periodic inspection of the arrangements and who is physically 
284  present or on the premises of the funeral establishment at all 
285  times when the tasks, functions, and duties relating to funeral 
286  directing are performed; or 
287         (b) Embalmer who provides initial direction and instruction 
288  regarding the preservation of a dead human body in its entirety 
289  or in part and who is physically present or on the premises of 
290  the funeral establishment or embalming facility at all times 
291  when the tasks, functions, and duties relating to embalming are 
292  performed. 
293         (28)(27) “Director” means the director of the Division of 
294  Funeral, Cemetery, and Consumer Services. 
295         (29)(28) “Disinterment” means removal of a dead human body 
296  from earth interment or aboveground interment. 
297         (30)(29) “Division” means the Division of Funeral, 
298  Cemetery, and Consumer Services within the Department of 
299  Financial Services. 
300         (31)(30) “Embalmer” means any person licensed under this 
301  chapter to practice embalming in this state. 
302         (32)(31) “Final disposition” means the final disposal of a 
303  dead human body by earth interment, aboveground interment, 
304  cremation, burial at sea, or delivery to a medical institution 
305  for lawful dissection if the medical institution assumes 
306  responsibility for disposal. “Final disposition” does not 
307  include the disposal or distribution of cremated remains and 
308  residue of cremated remains. 
309         (33)(32) “Funeral” or “funeral service” means the 
310  observances, services, or ceremonies held to commemorate the 
311  life of a specific deceased human being and at which the human 
312  remains are present. 
313         (34)(33) “Funeral director” means any person licensed under 
314  this chapter to practice funeral directing in this state. 
315         (35)(34) “Funeral establishment” means a facility licensed 
316  under this chapter where a funeral director or embalmer 
317  practices funeral directing or embalming. 
318         (36) “General supervision” means supervision by a licensed: 
319         (a) Funeral director who is reasonably available and in a 
320  position to provide direction and guidance by being physically 
321  present, being on the premises of the funeral establishment, or 
322  being in proximity to the funeral establishment and available 
323  telephonically or by electronic communication at all times when 
324  the tasks, functions, and duties relating to funeral directing 
325  are performed; or 
326         (b) Embalmer who is reasonably available and in a position 
327  to provide direction and guidance by being physically present, 
328  being on the premises of the funeral establishment or embalming 
329  facility, or being in proximity to the funeral establishment or 
330  embalming facility and available telephonically or by electronic 
331  communication at all times when the tasks, functions, and duties 
332  relating to embalming are performed. 
333         (37)(35) “Grave space” means a space of ground in a 
334  cemetery intended to be used for the interment in the ground of 
335  human remains. 
336         (38)(36) “Human remains” or “remains,” or “dead human body” 
337  or “dead human bodies,” means the body of a deceased human 
338  person for which a death certificate or fetal death certificate 
339  is required under chapter 382 and includes the body in any stage 
340  of decomposition. 
341         (39)(37) “Legally authorized person” means, in the priority 
342  listed:, 
343         (a) The decedent, when written inter vivos authorizations 
344  and directions are provided by the decedent; 
345         (b) The person designated by the decedent as authorized to 
346  direct disposition pursuant to Pub. L. No. 109-163, s. 564, as 
347  listed on the decedent’s United States Department of Defense 
348  Record of Emergency Data, DD Form 93, or its successor form, if 
349  the decedent died while serving military service as described in 
350  10 U.S.C. s. 1481(a)(1)-(8) in any branch of the United States 
351  Armed Forces, United States Reserve Forces, or National Guard; 
352         (c) The surviving spouse, unless the spouse has been 
353  arrested for committing against the deceased an act of domestic 
354  violence as defined in s. 741.28 that resulted in or contributed 
355  to the death of the deceased; 
356         (d) A son or daughter who is 18 years of age or older; 
357         (e) A parent; 
358         (f) A brother or sister who is 18 years of age or older; 
359         (g) A grandchild who is 18 years of age or older; 
360         (h) A grandparent; or 
361         (i) Any person in the next degree of kinship. 
362 
363  In addition, the term may include, if no family member exists or 
364  is available, the guardian of the dead person at the time of 
365  death; the personal representative of the deceased; the attorney 
366  in fact of the dead person at the time of death; the health 
367  surrogate of the dead person at the time of death; a public 
368  health officer; the medical examiner, county commission, or 
369  administrator acting under part II of chapter 406 or other 
370  public administrator; a representative of a nursing home or 
371  other health care institution in charge of final disposition; or 
372  a friend or other person not listed in this subsection who is 
373  willing to assume the responsibility as the legally authorized 
374  person. Where there is a person in any priority class listed in 
375  this subsection, the funeral establishment shall rely upon the 
376  authorization of any one legally authorized person of that class 
377  if that person represents that she or he is not aware of any 
378  objection to the cremation of the deceased’s human remains by 
379  others in the same class of the person making the representation 
380  or of any person in a higher priority class. 
381         (40)(38) “License” includes all authorizations required or 
382  issued under this chapter, except where expressly indicated 
383  otherwise, and shall be understood to include authorizations 
384  previously referred to as registrations or certificates of 
385  authority in chapters 470 and 497 as those chapters appeared in 
386  the 2004 edition of the Florida Statutes. 
387         (41)(39) “Licensee” means the person or entity holding any 
388  license or other authorization issued under this chapter, except 
389  where expressly indicated otherwise. 
390         (42)(40) “Mausoleum” means a structure or building that is 
391  substantially exposed above the ground and that is intended to 
392  be used for the entombment of human remains. 
393         (43)(41) “Mausoleum section” means any construction unit of 
394  a mausoleum that is acceptable to the department and that a 
395  cemetery uses to initiate its mausoleum program or to add to its 
396  existing mausoleum structures. 
397         (44)(42) “Monument” means any product used for identifying 
398  a grave site and cemetery memorials of all types, including 
399  monuments, markers, and vases. 
400         (45)(43) “Monument establishment” means a facility that 
401  operates independently of a cemetery or funeral establishment 
402  and that offers to sell monuments or monument services to the 
403  public for placement in a cemetery. 
404         (46)(44) “Net assets” means the amount by which the total 
405  assets of a licensee, excluding goodwill, franchises, customer 
406  lists, patents, trademarks, and receivables from or advances to 
407  officers, directors, employees, salespersons, and affiliated 
408  companies, exceed total liabilities of the licensee. For 
409  purposes of this definition, the term “total liabilities” does 
410  not include the capital stock, paid-in capital, or retained 
411  earnings of the licensee. 
412         (47)(45) “Net worth” means total assets minus total 
413  liabilities pursuant to generally accepted accounting 
414  principles. 
415         (48)(46) “Niche” means a compartment or cubicle for the 
416  memorialization or permanent placement of a container or urn 
417  containing cremated remains. 
418         (49)(47) “Ossuary” means a receptacle used for the communal 
419  placement of cremated remains without benefit of an urn or any 
420  other container in which cremated remains may be commingled with 
421  other cremated remains and are nonrecoverable. It may or may not 
422  include memorialization. 
423         (50)(48) “Outer burial container” means an enclosure into 
424  which a casket is placed and includes, but is not limited to, 
425  vaults made of concrete, steel, fiberglass, or copper; sectional 
426  concrete enclosures; crypts; and wooden enclosures. 
427         (51)(49) “Person,” when used without qualification such as 
428  “natural” or “individual,” includes both natural persons and 
429  legal entities. 
430         (52)(50) “Personal residence” means any residential 
431  building in which one temporarily or permanently maintains her 
432  or his abode, including, but not limited to, an apartment or a 
433  hotel, motel, nursing home, convalescent home, home for the 
434  aged, or a public or private institution. 
435         (53)(51) “Practice of direct disposition” means the 
436  cremation of human remains without preparation of the human 
437  remains by embalming and without any attendant services or rites 
438  such as funeral or graveside services or the making of 
439  arrangements for such final disposition. 
440         (54)(52) “Practice of embalming” means disinfecting or 
441  preserving or attempting to disinfect or preserve dead human 
442  bodies by replacing certain body fluids with preserving and 
443  disinfecting chemicals. 
444         (55)(53) “Practice of funeral directing” means the 
445  performance by a licensed funeral director of any of those 
446  functions authorized by s. 497.372. 
447         (56)(54) “Preneed contract” means any arrangement or 
448  method, of which the provider of funeral merchandise or services 
449  has actual knowledge, whereby any person agrees to furnish 
450  funeral merchandise or service in the future. 
451         (57)(55) “Preneed sales agent” means any person who is 
452  licensed under this chapter to sell preneed burial or funeral 
453  service and merchandise contracts or direct disposition 
454  contracts in this state. 
455         (58)(56) “Principal” means and includes the sole proprietor 
456  of a sole proprietorship; all partners of a partnership; all 
457  members of a limited liability company; regarding a corporation, 
458  all directors and officers, and all stockholders controlling 
459  more than 10 percent of the voting stock; and all other persons 
460  who can exercise control over the person or entity. 
461         (59)(57) “Processing” means the reduction of identifiable 
462  bone fragments after the completion of the cremation process to 
463  unidentifiable bone fragments by manual means. 
464         (60)(58) “Profession” and “occupation” are used 
465  interchangeably in this chapter. The use of the word 
466  “profession” in this chapter with respect to any activities 
467  regulated under this chapter shall not be deemed to mean that 
468  such activities are not occupations for other purposes in state 
469  or federal law. 
470         (61)(59) “Pulverization” means the reduction of 
471  identifiable bone fragments after the completion of the 
472  cremation and processing to granulated particles by manual or 
473  mechanical means. 
474         (62)(60) “Refrigeration facility” means a facility that is 
475  operated independently of a funeral establishment, crematory, or 
476  direct disposal establishment, that maintains space and 
477  equipment for the storage and refrigeration of dead human 
478  bodies, and that offers its service to funeral directors, 
479  funeral establishments, direct disposers, direct disposal 
480  establishments, or crematories for a fee. 
481         (63)(61) “Religious institution” means an organization 
482  formed primarily for religious purposes that has qualified for 
483  exemption from federal income tax as an exempt organization 
484  under the provisions of s. 501(c)(3) of the Internal Revenue 
485  Code of 1986, as amended. 
486         (64)(62) “Removal service” means any service that operates 
487  independently of a funeral establishment or a direct disposal 
488  establishment, that handles the initial removal of dead human 
489  bodies, and that offers its service to funeral establishments 
490  and direct disposal establishments for a fee. 
491         (65)(63) “Rules” refers to rules adopted under this chapter 
492  unless expressly indicated to the contrary. 
493         (66)(64) “Scattering garden” means a location set aside, 
494  within a cemetery, that is used for the spreading or 
495  broadcasting of cremated remains that have been removed from 
496  their container and can be mixed with or placed on top of the 
497  soil or ground cover or buried in an underground receptacle on a 
498  commingled basis and that are nonrecoverable. It may or may not 
499  include memorialization. 
500         (67)(65) “Servicing agent” means any person acting as an 
501  independent contractor whose fiduciary responsibility is to 
502  assist both the trustee and licensee in administrating their 
503  responsibilities pursuant to this chapter. 
504         (68)(66) “Solicitation” means any communication that 
505  directly or implicitly requests an immediate oral response from 
506  the recipient. 
507         (69)(67) “Statutory accounting” means generally accepted 
508  accounting principles, except as modified by this chapter. 
509         (70)(68) “Temporary container” means a receptacle for 
510  cremated remains usually made of cardboard, plastic, or similar 
511  material designated to hold the cremated remains until an urn or 
512  other permanent container is acquired. 
513         (71)(69) “Urn” means a receptacle designed to permanently 
514  encase cremated remains. 
515         Section 2. Subsection (2) of section 497.101, Florida 
516  Statutes, is amended to read: 
517         497.101 Board of Funeral, Cemetery, and Consumer Services; 
518  membership; appointment; terms.— 
519         (2) Two members of the board shall be funeral directors 
520  licensed under part III of this chapter who are associated with 
521  a funeral establishment. One member of the board shall be a 
522  funeral director licensed under part III of this chapter who is 
523  associated with a funeral establishment licensed under part III 
524  of this chapter that has a valid preneed license issued pursuant 
525  to this chapter and who owns or operates a cinerator facility 
526  approved under chapter 403 and licensed under part VI of this 
527  chapter. Two members of the board shall be persons whose primary 
528  occupation is associated with a cemetery company licensed 
529  pursuant to this chapter. Three members of the board shall be 
530  consumers who are residents of the state, have never been 
531  licensed as funeral directors or embalmers, are not connected 
532  with a cemetery or cemetery company licensed pursuant to this 
533  chapter, and are not connected with the death care industry or 
534  the practice of embalming, funeral directing, or direct 
535  disposition. One of the consumer members shall be at least 60 
536  years of age, and one shall be licensed as a certified public 
537  accountant under chapter 473. One member of the board shall be a 
538  principal of a monument establishment licensed under this 
539  chapter as a monument builder or, for board appointments made 
540  before June 1, 2006, a licensed monument establishment certified 
541  by the department to be eligible for licensure as a monument 
542  builder. One member shall be the State Health Officer or her or 
543  his designee. There shall not be two or more board members who 
544  are principals or employees of the same company or partnership 
545  or group of companies or partnerships under common control. 
546         Section 3. Subsection (8) is added to section 497.103, 
547  Florida Statutes, to read: 
548         497.103 Authority of board and department; Chief Financial 
549  Officer recommendations.— 
550         (8) STATE-OF-EMERGENCY WAIVER.—The licensing authority may 
551  temporarily waive any provision of this chapter during a state 
552  of emergency declared pursuant to s. 252.36 in any threatened 
553  area or areas specified in the Governor’s executive order or 
554  proclamation. 
555         Section 4. Subsection (9) is added to section 497.140, 
556  Florida Statutes, to read: 
557         497.140 Fees.— 
558         (9) The licensing authority may impose a fee upon a 
559  licensee for conducting an inspection of the licensee’s 
560  facilities if required under this chapter following a change in 
561  ownership or control or a change in location. The fee may not 
562  exceed the amount of the licensee’s annual inspection fee. 
563         Section 5. Subsection (5) of section 497.141, Florida 
564  Statutes, is amended, and subsection (13) is added to that 
565  section, to read: 
566         497.141 Licensing; general application procedures.— 
567         (5)(a) The licensing authority may not issue, and effective 
568  July 1, 2011, may not renew, a license under this chapter to an 
569  applicant that has a criminal record required to be disclosed 
570  under s. 497.142(10) unless the applicant demonstrates that 
571  issuance of the license, according to rules adopted by the 
572  licensing authority, does not create a danger to the public. A 
573  licensee who previously disclosed her or his criminal record 
574  upon initial application or renewal of her or his license must 
575  disclose only a criminal offense for which the licensee was 
576  convicted or entered a plea of guilty or nolo contendere since 
577  the most recent renewal of her or his license or, if the license 
578  has not been renewed, since the licensee’s initial application. 
579         (b) The board may refuse to rule on an initial application 
580  for licensure by any applicant who is under investigation or 
581  prosecution in any jurisdiction for an action which there is 
582  reasonable cause to believe would constitute a violation of this 
583  chapter if committed in this state, until such time as such 
584  investigation or prosecution is completed and the results of the 
585  investigation or prosecution are reviewed by the board. 
586         (13)(a) The licensing authority may adopt rules that 
587  require applicants for any category of licensure under this 
588  chapter to apply for the issuance or renewal of their licenses 
589  in an online electronic format. 
590         (b) The online electronic format for renewal of a license 
591  must not allow submission of an improperly prepared renewal 
592  application. Upon an applicant’s submission of her or his 
593  renewal application, the online electronic format must allow the 
594  applicant to print a receipt of the properly prepared renewal 
595  application. 
596         (c) The rules may allow an applicant to submit a paper form 
597  in lieu of the online electronic format and may impose an 
598  additional fee not to exceed $25 per form for submitting the 
599  paper form. 
600         Section 6. Paragraphs (a), (b), and (g) of subsection (10) 
601  of section 497.142, Florida Statutes, are amended to read: 
602         497.142 Licensing; fingerprinting and criminal background 
603  checks.— 
604         (10)(a) When applying for any license under this chapter, 
605  every applicant must shall be required to disclose the 
606  applicant’s criminal records in accordance with this subsection. 
607  When applying for renewal of any license under this chapter, 
608  every licensee must disclose only those criminal offenses 
609  required to be disclosed under this subsection since the most 
610  recent renewal of her or his license or, if the license has not 
611  been renewed, since the licensee’s initial application. 
612         (b) The criminal record required to be disclosed shall be 
613  any crime listed in paragraph (c) for of which the person or 
614  entity required to make disclosure has been convicted or to 
615  which that person or entity entered a plea in the nature of 
616  guilty or nolo contendere no contest. Disclosure is shall be 
617  required pursuant to this subsection regardless of whether 
618  adjudication is was entered or withheld by the court in which 
619  the case was prosecuted. 
620         (g) The licensing authority shall may adopt rules 
621  specifying forms and procedures to be used utilized by persons 
622  required to disclose criminal records under this subsection. The 
623  rules may require a licensee to disclose only those criminal 
624  records that have not previously been disclosed under this 
625  subsection at the renewal of her or his license or, if the 
626  license has not been renewed, at the initial issuance of the 
627  license. The licensing authority may conduct investigation and 
628  further inquiry of any person regarding any criminal record 
629  disclosed pursuant to this section. 
630         Section 7. Subsections (1), (2), and (3) of section 
631  497.143, Florida Statutes, are amended to read: 
632         497.143 Licensing; limited licenses for times of critical 
633  need retired professionals.— 
634         (1) It is the intent of the Legislature that, absent a 
635  threat to the health, safety, and welfare of the public, the use 
636  of retired Florida licensees professionals in good standing, and 
637  active licensees in good standing from other jurisdictions, be 
638  able to serve this state during times of critical need should be 
639  encouraged. To that end, rules may be adopted to permit practice 
640  by retired professionals as limited licensees under this 
641  section. 
642         (2) As used in For purposes of this section, the term 
643  “critical need” means an executive order of from the Governor or 
644  a federal order declaring that a state of emergency exists in an 
645  area. 
646         (3) The licensing authority may adopt rules for the 
647  issuance of limited licenses in accordance with this section. A 
648  Any person seeking desiring to obtain a limited license, when 
649  permitted by rule, shall submit to the department an application 
650  and fee, not to exceed $300, and an affidavit stating that the 
651  applicant is a retired Florida licensee or holds an active 
652  license has been licensed to practice in another any 
653  jurisdiction of in the United States for at least 10 years in 
654  the profession for which the applicant seeks the a limited 
655  license. The affidavit shall also state that the applicant has 
656  retired from the practice of that profession and intends to 
657  practice only pursuant to the restrictions of the limited 
658  license granted under pursuant to this section. If the applicant 
659  for a limited license submits a notarized statement from the 
660  employer stating that the applicant will not receive monetary 
661  compensation for any service involving the practice of her or 
662  his profession, all licensure fees shall be waived. In no event 
663  may A person holding a limited license under this section may 
664  not engage in preneed sales under the such limited license. 
665         Section 8. Subsection (5) of section 497.147, Florida 
666  Statutes, is amended to read: 
667         497.147 Continuing education; general provisions.— 
668         (5) The board may by rule provide up to 5 hours of 
669  continuing education credit for each per continuing education 
670  reporting period for licensees attending board meetings or 
671  selected types or portions of board meetings, as specified by 
672  such rules. The rules may limit the number of times such credit 
673  may be utilized by a licensee. The rules may include provisions 
674  that establish as to the minimum amount of time that must be 
675  spent in the board meeting room viewing proceedings, which may 
676  be more than 5 hours of attendance, requirements for advance 
677  notice by licensees to department staff of proposed attendance, 
678  requirements to sign in and out of the meeting room on lists 
679  maintained at the meeting site by department staff, forms that 
680  must be completed by the licensee to obtain such credit, and 
681  such other requirements deemed by the board to be advisable or 
682  necessary to prevent abuse of such rules and to ensure that 
683  useful information is obtained by licensees as a result of 
684  attendance. Procedural requirements of such rules requiring 
685  action by the department are shall be subject to approval by the 
686  department before prior to promulgation. 
687         Section 9. Subsection (2) of section 497.152, Florida 
688  Statutes, is amended to read: 
689         497.152 Disciplinary grounds.—This section sets forth 
690  conduct that is prohibited and that shall constitute grounds for 
691  denial of any application, imposition of discipline, or other 
692  enforcement action against the licensee or other person 
693  committing such conduct. For purposes of this section, the 
694  requirements of this chapter include the requirements of rules 
695  adopted under authority of this chapter. No subsection heading 
696  in this section shall be interpreted as limiting the 
697  applicability of any paragraph within the subsection. 
698         (2) CRIMINAL ACTIVITY.—Being convicted or found guilty of, 
699  or entering a plea of guilty or nolo contendere to, regardless 
700  of adjudication, a crime in any jurisdiction that relates to the 
701  practice of, or the ability to practice, a licensee’s profession 
702  or occupation under this chapter. 
703         Section 10. Subsection (4) is added to section 497.161, 
704  Florida Statutes, to read: 
705         497.161 Other rulemaking provisions.— 
706         (4) The department may, subject to approval by the board, 
707  adopt rules that temporarily suspend or modify any provision of 
708  this chapter during a state of emergency declared pursuant to s. 
709  252.36. The rules may allow only the suspension or modification 
710  of a provision that is necessary or advisable to allow licensees 
711  under this chapter to provide essential services to the public 
712  under the emergency conditions. The rules may be adopted before 
713  any emergency exists, but may not take effect until the Governor 
714  issues an executive order or proclamation declaring a state of 
715  emergency. The rules may remain in effect after a state of 
716  emergency is terminated but only for the limited period 
717  necessary to allow for the transition back to normal operations 
718  under the nonemergency requirements of this chapter. However, a 
719  rule suspending or modifying any provision of this chapter may 
720  not remain in effect for more than 12 months after the state of 
721  emergency is terminated. 
722         Section 11. Section 497.162, Florida Statutes, is amended 
723  to read: 
724         497.162 Health and safety education.—All individuals not 
725  licensed under this chapter who intend to be employed as 
726  operational personnel affiliated with a direct disposal 
727  establishment, cinerator facility, removal service, 
728  refrigeration facility, or centralized embalming facility who 
729  have direct contact with, as well as all nonlicensed individuals 
730  who intend to be involved in the removal or transportation of 
731  human remains on behalf of a funeral establishment, direct 
732  disposal establishment, or cinerator facility shall complete one 
733  course approved by the licensing authority on communicable 
734  diseases, within 30 10 days after the date that they begin 
735  functioning as operational personnel on behalf of any entity 
736  that is regulated by this chapter. The course shall not exceed 3 
737  hours and shall be offered at approved locations throughout the 
738  state. Such locations may include establishments that are 
739  licensed under this chapter. The licensing authority shall adopt 
740  rules to implement and enforce this provision, which rules shall 
741  include provisions that provide for the use of approved 
742  videocassette courses and other types of audio, video, Internet, 
743  or home study courses to fulfill the continuing education 
744  requirements of this section. 
745         Section 12. Paragraphs (a) and (b) of subsection (3) of 
746  section 497.166, Florida Statutes, are amended to read: 
747         497.166 Preneed sales.— 
748         (3)(a) The funeral director in charge of a funeral 
749  establishment is shall be responsible for the control and 
750  activities of the establishment’s preneed sales agents. 
751         (b) The direct disposer in charge or a funeral director 
752  acting as the a direct disposer in charge of a direct disposal 
753  establishment is shall be responsible for the control and 
754  activities of the establishment’s preneed sales agents. 
755         Section 13. Subsection (6) is added to section 497.277, 
756  Florida Statutes, to read: 
757         497.277 Other charges.—Other than the fees for the sale of 
758  burial rights, burial merchandise, and burial services, no other 
759  fee may be directly or indirectly charged, contracted for, or 
760  received by a cemetery company as a condition for a customer to 
761  use any burial right, burial merchandise, or burial service, 
762  except for: 
763         (6) Charges paid for processing, filing, and archiving a 
764  cemetery sales contract and for performing other administrative 
765  duties related to the contract. However, these charges may not 
766  be imposed on a cemetery sales contract for the opening and 
767  closing of a grave or other burial right or for the installation 
768  of a vault in a grave for which burial rights were previously 
769  purchased. A cemetery company must disclose these charges to the 
770  customer and include them on its standard printed price lists 
771  and other disclosure information provided to the public under s. 
772  497.282. These charges are not subject to the trust deposit 
773  requirements in s. 497.458. The department may, subject to 
774  approval by the board, adopt rules to administer this 
775  subsection. 
776         Section 14. Subsection (3) of section 497.278, Florida 
777  Statutes, is amended to read: 
778         497.278 Monuments; installation fees.— 
779         (3) A cemetery company may not require any person or firm 
780  that delivers, installs, places, or sets a monument to show 
781  proof of liability obtain any form of insurance coverage and, if 
782  required by law, workers’ compensation insurance coverage. 
783  However, a cemetery company may not set liability insurance 
784  coverage limits or require any person or firm to obtain any form 
785  of bond, or surety, or make any form of pledge, deposit, or 
786  monetary guarantee, as a condition for entry on or access to 
787  cemetery property. 
788         Section 15. Subsection (13) is added to section 497.365, 
789  Florida Statutes, to read: 
790         497.365 Licensure; inactive and delinquent status.— 
791         (13) A person may not embalm human remains unless he or she 
792  is licensed under this chapter as: 
793         (a) An embalmer; 
794         (b) A funeral director and embalmer; or 
795         (c) An embalmer intern or embalmer apprentice, while under 
796  the direct supervision or general supervision of a licensed 
797  embalmer or licensed funeral director and embalmer as required 
798  by this chapter. 
799         Section 16. Section 497.372, Florida Statutes, is amended 
800  to read: 
801         497.372 Funeral directing; conduct constituting practice of 
802  funeral directing.— 
803         (1) The practice of funeral directing shall be construed to 
804  consist of the following functions, which may be performed only 
805  by a licensed funeral director: 
806         (a) Selling or offering to sell funeral services, 
807  embalming, cremation, or other services relating to the final 
808  disposition of human remains, including the removal of such 
809  remains from the state, on an at-need basis. 
810         (b) Planning or arranging, on an at-need basis, the details 
811  of a funeral services, embalming, cremation, or other services 
812  relating to the final disposition of human remains, including 
813  the removal of such remains from the state, service with the 
814  family or friends of the decedent or any other person 
815  responsible for such services service; setting the time of the 
816  services service; establishing the type of services service to 
817  be rendered; acquiring the services of the clergy; and obtaining 
818  vital information for the filing of death certificates and 
819  obtaining of burial transit permits. 
820         (c) Making, negotiating, or completing the financial 
821  arrangements for a funeral services, embalming, cremation, or 
822  other services relating to the final disposition of human 
823  remains, including the removal of such remains from the state, 
824  service on an at-need basis, except provided that nonlicensed 
825  personnel may assist the funeral director in performing such 
826  tasks. 
827         (2) A funeral director may not engage in the practice of 
828  funeral directing except through affiliation with a funeral 
829  establishment licensed under this chapter. The board shall adopt 
830  by rule criteria for determining whether such an affiliation 
831  exists through the funeral director’s ownership of, employment 
832  by, or contractual relationship with, a funeral establishment. 
833  This subsection does not prohibit a funeral director from being 
834  designated the licensed funeral director in charge of a 
835  cineration facility. 
836         (3)(2) The practice of funeral directing shall not be 
837  construed to consist of the following functions: 
838         (a) The phoning-in, or faxing, or electronic transmission 
839  of obituary notices; ordering of flowers or merchandise; 
840  delivery of death certificates to attending physicians; or 
841  clerical preparation and processing of death certificates, 
842  insurance forms, and any clerical tasks that record the 
843  information compiled by the funeral director or that are 
844  incidental to any of the functions specified above. 
845         (b) Furnishing standard printed price lists and other 
846  disclosure information to the public by telephone or by 
847  providing such lists to persons making inquiry. 
848         (c) Removing or transporting human remains from the place 
849  of death, or removing or transporting human remains from or to a 
850  funeral establishment, centralized embalming facility, 
851  refrigeration facility, cemetery, crematory, medical examiner’s 
852  office, common carrier, or other locations as authorized and 
853  provided by law. 
854         (d) Arranging, coordinating, or employing licensed removal 
855  services, licensed refrigeration facilities, or licensed 
856  centralized embalming facilities. 
857         (e) Any aspect of making preneed funeral arrangements or 
858  entering into preneed contracts. 
859         (f) Any functions normally performed by cemetery or 
860  crematory personnel. 
861         Section 17. Paragraph (d) of subsection (1) and subsections 
862  (2) and (3) of section 497.373, Florida Statutes, are amended to 
863  read: 
864         497.373 Funeral directing; licensure as a funeral director 
865  by examination; provisional license.— 
866         (1) Any person desiring to be licensed as a funeral 
867  director shall apply to the licensing authority to take the 
868  licensure examination. The licensing authority shall examine 
869  each applicant who has remitted an examination fee set by rule 
870  of the licensing authority not to exceed $200 plus the actual 
871  per applicant cost to the licensing authority for portions of 
872  the examination and who the licensing authority certifies has: 
873         (d)1. Received an associate in arts degree, associate in 
874  science degree, or an associate in applied science degree in 
875  mortuary science approved by the licensing authority; or 
876         2. Holds an associate degree or higher from a college or 
877  university accredited by a regional accrediting agency 
878  association of colleges and schools recognized by the United 
879  States Department of Education and is a graduate of a at least 
880  an approved 1-year course of study in mortuary science or 
881  funeral service arts approved by the licensing authority from a 
882  college or university accredited by the American Board of 
883  Funeral Service Education. 
884         (2) The licensing authority shall license the applicant as 
885  a funeral director if she or he: 
886         (a) Passes an examination on the subjects of the theory and 
887  practice of funeral directing and funeral service arts, public 
888  health and sanitation, and local, state, and federal laws and 
889  rules relating to the disposition of dead human bodies; however, 
890  the licensing authority may approve there may be approved by 
891  rule the use of a national examination, such as the funeral 
892  service arts examination prepared by the Conference of Funeral 
893  Service Examining Boards, in lieu of part of this examination 
894  requirement. 
895         (b) Passes an examination approved by the department on the 
896  local, state, and federal laws and rules relating to the 
897  disposition of dead human bodies. 
898         (c)(b) Completes a 1-year internship under a licensed 
899  funeral director. 
900         (3) Any applicant who has completed the required 1-year 
901  internship and has been approved for examination as a funeral 
902  director may qualify for a provisional license to work in a 
903  licensed funeral establishment, under the direct supervision of 
904  a licensed funeral director for a limited period of 6 months as 
905  provided by rule of the licensing authority. However, a 
906  provisional licensee may work under the general supervision of a 
907  licensed funeral director upon passage of the laws-and-rules 
908  examination required under paragraph (2)(b). The fee for 
909  provisional licensure shall be set by rule of the licensing 
910  authority but may not exceed $200. The fee required in this 
911  subsection shall be nonrefundable and in addition to the fee 
912  required by subsection (1). This provisional license may be 
913  renewed no more than one time. 
914         Section 18. Paragraph (b) of subsection (1) of section 
915  497.374, Florida Statutes, is amended to read: 
916         497.374 Funeral directing; licensure as a funeral director 
917  by endorsement; licensure of a temporary funeral director.— 
918         (1) The licensing authority shall issue a license by 
919  endorsement to practice funeral directing to an applicant who 
920  has remitted a fee set by rule of the licensing authority not to 
921  exceed $200 and who: 
922         (b)1. Holds a valid license to practice funeral directing 
923  in another state of the United States, provided that, when the 
924  applicant secured her or his original license, the requirements 
925  for licensure were substantially equivalent to or more stringent 
926  than those existing in this state; or 
927         2. Meets the qualifications for licensure in s. 497.373 and 
928  has successfully completed a state, regional, or national 
929  examination in mortuary science or funeral service arts, which, 
930  as determined by rule of the licensing authority, is 
931  substantially equivalent to or more stringent than the 
932  examination given by the licensing authority. 
933         Section 19. Section 497.375, Florida Statutes, is amended 
934  to read: 
935         497.375 Funeral directing; licensure of a funeral director 
936  intern.— 
937         (1)(a) Any person desiring to become a funeral director 
938  intern must apply to the licensing authority shall make 
939  application on forms prescribed as required by rule of the 
940  licensing authority, together with a nonrefundable fee set as 
941  determined by rule of the licensing authority but not to exceed 
942  $200. 
943         (b)1. Except as provided in subparagraph 2., an applicant 
944  must hold the educational credentials required for licensure of 
945  a funeral director under s. 497.373(1)(d). 
946         2. An applicant who has not completed the educational 
947  credentials required for a funeral director license is eligible 
948  for licensure as a funeral director intern if the applicant: 
949         a. Holds an associate degree or higher in any field from a 
950  college or university accredited by a regional accrediting 
951  agency recognized by the United States Department of Education. 
952         b. Is currently enrolled in and attending a licensing 
953  authority-approved course of study in mortuary science or 
954  funeral service arts required for licensure of a funeral 
955  director under s. 497.373(1)(d)2. 
956         c. Has taken and received a passing grade in a college 
957  credit course in mortuary law or funeral service law and has 
958  taken and received a passing grade in a college credit course in 
959  ethics. 
960         (c) An The application must include shall indicate the name 
961  and address of the licensed funeral director licensed under s. 
962  497.373 or s. 497.374(1) under whose supervision the intern will 
963  receive training and the name of the licensed funeral 
964  establishment where the such training will is to be conducted. 
965         (d) A The funeral director intern may perform only the 
966  tasks, functions, and duties relating to funeral directing which 
967  are performed shall intern under the direct supervision of a 
968  licensed funeral director who has an active, valid license under 
969  s. 497.373 or s. 497.374(1). However, a funeral director intern 
970  may perform those tasks, functions, and duties under the general 
971  supervision of a licensed funeral director upon graduation from 
972  a licensing authority-approved course of study in mortuary 
973  science or funeral service arts required under s. 
974  497.373(1)(d)2. and passage of the laws-and-rules examination 
975  required under s. 497.373(2)(b), if the funeral director in 
976  charge of the funeral director internship training agency, after 
977  6 months of direct supervision, certifies to the licensing 
978  agency that the intern is competent to complete the internship 
979  under general supervision. 
980         (2) Rules shall be adopted establishing a funeral director 
981  internship program and criteria for funeral director intern 
982  training agencies and supervisors. Any funeral establishment 
983  where funeral directing is conducted may apply to the licensing 
984  authority for approval as a funeral director intern training 
985  agency. 
986         (3) A funeral establishment designated as a funeral 
987  director intern training agency may not exact a fee from any 
988  person obtaining intern training at such funeral establishment. 
989         (4)(a) A funeral director intern license expires 1 year 
990  after issuance and, except as provided in paragraph (b) or 
991  paragraph (c), may not be renewed. 
992         (b) A funeral director intern who is eligible for licensure 
993  under subparagraph (1)(b)2. may renew her or his funeral 
994  director intern license for an additional 1-year period if the 
995  funeral director in charge of the funeral director intern 
996  training agency certifies to the licensing authority that the 
997  intern has completed at least one-half of the course of study in 
998  mortuary science or funeral service arts. 
999         (c) The licensing authority may adopt rules that allow a 
1000  funeral director intern to renew her or his funeral director 
1001  intern license for an additional 1-year period if the funeral 
1002  director intern demonstrates her or his failure to complete the 
1003  internship before expiration of the license due to illness, 
1004  personal injury, or other substantial hardship beyond her or his 
1005  reasonable control or demonstrates that she or he has completed 
1006  the requirements for licensure as a funeral director but is 
1007  awaiting the results of a licensure examination. However, a 
1008  funeral director intern who renews her or his license under 
1009  paragraph (b) is not eligible to renew the license under this 
1010  paragraph. 
1011         (d) The licensing authority may require payment of a 
1012  nonrefundable fee for the renewal of any funeral director intern 
1013  license. The fee shall be set by rule of the licensing authority 
1014  but may not exceed the fee set pursuant to paragraph (1)(a) for 
1015  an initial funeral director intern license. 
1016         Section 20. Section 497.376, Florida Statutes, is amended 
1017  to read: 
1018         497.376 License as funeral director and embalmer permitted; 
1019  display of license.— 
1020         (1) Nothing in This chapter does not may be construed to 
1021  prohibit a person from holding a license as an embalmer and a 
1022  license as a funeral director at the same time. There may be 
1023  issued and renewed by the licensing authority a combination 
1024  license as both funeral director and embalmer to persons meeting 
1025  the separate requirements for both licenses as set forth in this 
1026  chapter. The licensing authority may adopt rules providing 
1027  procedures for applying for and renewing such combination 
1028  license. The licensing authority may by rule establish 
1029  application, renewal, and other fees for such combination 
1030  license, which fees shall not exceed the sum of the maximum fees 
1031  for the separate funeral director and embalmer license 
1032  categories as provided in this chapter. Persons holding a 
1033  combination license as a funeral director and an embalmer shall 
1034  be subject to regulation under this chapter both as a funeral 
1035  director and an embalmer. 
1036         (2) There shall be adopted rules which require each license 
1037  issued under this chapter to be displayed in such a manner as to 
1038  make it visible to the public and to facilitate inspection by 
1039  the licensing authority. However, each licensee shall 
1040  permanently affix a recent photograph of the licensee to each 
1041  displayed license issued to that licensee as a funeral director 
1042  or embalmer. 
1043         Section 21. Subsection (1) of section 497.378, Florida 
1044  Statutes, is amended to read: 
1045         497.378 Renewal of funeral director and embalmer licenses.— 
1046         (1) The licensing authority There shall renew be renewed a 
1047  funeral director or embalmer license upon receipt of the renewal 
1048  application and fee set by the licensing authority, not to 
1049  exceed $500. The licensing authority may adopt rules for the 
1050  renewal of a funeral director or embalmer license. The rules may 
1051  require prescribe by rule continuing education requirements of 
1052  up to 12 classroom hours and may by rule establish criteria for 
1053  accepting alternative nonclassroom continuing education on an 
1054  hour-for-hour basis, in addition to a licensing authority 
1055  approved course on communicable diseases that includes the 
1056  course on human immunodeficiency virus and acquired immune 
1057  deficiency syndrome required by s. 497.367, for the renewal of a 
1058  funeral director or embalmer license. The rules rule may also 
1059  provide for the waiver of continuing education requirements in 
1060  circumstances that would justify the waiver, such as hardship, 
1061  disability, or illness. The continuing education requirement is 
1062  not required for a licensee who is over the age of 75 years if 
1063  the licensee does not qualify as the sole person in charge of an 
1064  establishment or facility. 
1065         Section 22. Subsections (7) and (12) of section 497.380, 
1066  Florida Statutes, are amended, and subsection (15) is added to 
1067  that section, to read: 
1068         497.380 Funeral establishment; licensure; display of 
1069  license.— 
1070         (7) Each licensed funeral establishment shall have one 
1071  full-time funeral director in charge and shall have a licensed 
1072  funeral director reasonably available to the public during 
1073  normal business hours for the that establishment. The full-time 
1074  funeral director in charge is responsible for ensuring that the 
1075  facility, its operation, and all persons employed in the 
1076  facility comply with all applicable state and federal laws and 
1077  rules. The full-time funeral director in charge must have an 
1078  active license and may not be the full-time funeral director in 
1079  charge of any other funeral establishment or of any other direct 
1080  disposal establishment. Effective October 1, 2010, the full-time 
1081  funeral director in charge must hold an active, valid embalmer 
1082  license or combination license as a funeral director and an 
1083  embalmer. However, a funeral director may continue as the full 
1084  time funeral director in charge without an embalmer or 
1085  combination license if, as of September 30, 2010: 
1086         (a) The funeral establishment and the funeral director both 
1087  have active, valid licenses. 
1088         (b) The funeral director is currently the full-time funeral 
1089  director in charge of the funeral establishment. 
1090         (c) The name of the funeral director was included, as 
1091  required in subsection (4), in the funeral establishment’s most 
1092  recent application for issuance or renewal of its license or was 
1093  included in the establishment’s report of change provided under 
1094  paragraph (12)(c). 
1095         (12)(a) A change in ownership of a funeral establishment 
1096  shall be promptly reported pursuant to procedures established by 
1097  rule and shall require the relicensure of the funeral 
1098  establishment, including reinspection and payment of applicable 
1099  fees. 
1100         (b) A change in location of a funeral establishment shall 
1101  be promptly reported to the licensing authority pursuant to 
1102  procedures established by rule. Operations by the licensee at a 
1103  new location may not commence until an inspection by the 
1104  licensing authority of the facilities, pursuant to rules of the 
1105  licensing authority, has been conducted and passed at the new 
1106  location. 
1107         (c) A change in the funeral director in charge of a funeral 
1108  establishment shall be promptly reported pursuant to procedures 
1109  established by rule. 
1110         (15)(a) A funeral establishment and each funeral director 
1111  and, if applicable, embalmer employed at the establishment must 
1112  display their current licenses in a conspicuous place within the 
1113  establishment in such a manner as to make the licenses visible 
1114  to the public and to facilitate inspection by the licensing 
1115  authority. If a licensee is simultaneously employed at more than 
1116  one location, the licensee may display a copy of the license in 
1117  lieu of the original. 
1118         (b) Each licensee shall permanently affix a photograph 
1119  taken of the licensee within the previous 6 years to each 
1120  displayed license issued to that licensee as a funeral director 
1121  or embalmer. 
1122         Section 23. Section 497.4555, Florida Statutes, is created 
1123  to read: 
1124         497.4555 Charges for preneed contract.—A preneed licensee 
1125  may charge the purchaser of a preneed contract for processing, 
1126  filing, and archiving the contract and for performing other 
1127  administrative duties related to the contract. A preneed 
1128  licensee must disclose these charges to the purchaser and 
1129  include them on its standard printed price lists and other 
1130  disclosure information provided to the public under s. 497.468. 
1131  These charges are not subject to the trust deposit requirements 
1132  in s. 497.458. The department may, subject to approval by the 
1133  board, adopt rules to administer this section. 
1134         Section 24. Paragraph (a) of subsection (13) of section 
1135  497.456, Florida Statutes, is amended to read: 
1136         497.456 Preneed Funeral Contract Consumer Protection Trust 
1137  Fund.— 
1138         (13) Regarding the Preneed Funeral Contract Consumer 
1139  Protection Trust Fund, the licensing authority shall have 
1140  authority to adopt rules for the implementation of this section, 
1141  including: 
1142         (a) Forms to be used in filing claims against the trust 
1143  fund, which may require that the claims be sworn to or affirmed, 
1144  and that the forms be signed, before a notary public. 
1145         Section 25. Subsections (3) and (7) of section 497.464, 
1146  Florida Statutes, are amended to read: 
1147         497.464 Alternative preneed contracts.— 
1148         (3) The contract must require that the purchaser make all 
1149  payments required by the contract directly to the trustee or its 
1150  qualified servicing agent and that the funds shall be deposited 
1151  in this state, subject to the terms of a trust instrument 
1152  approved by the licensing authority. The licensing authority may 
1153  adopt rules establishing procedures and forms for the submission 
1154  of trust instruments for approval by the licensing authority, 
1155  establishing criteria for the approval of such trust 
1156  instruments, and specifying information required to be provided 
1157  by the applicant in connection with submission of a trust 
1158  instrument for approval. A copy of the trust instrument shall be 
1159  made available to the purchaser, at any reasonable time, upon 
1160  request. 
1161         (7) The trustee shall disburse Disbursement of funds 
1162  discharging a any preneed contract shall be made by the trustee 
1163  to the person issuing or writing the such contract upon the 
1164  trustee’s receipt of a certified copy of the contract 
1165  beneficiary’s death certificate or satisfactory of the contract 
1166  beneficiary and evidence, as the licensing authority shall 
1167  define by rule, satisfactory to the trustee that the preneed 
1168  contract has been fully performed in whole or in part. However, 
1169  if the contract is only partially performed, the disbursement 
1170  shall cover only that portion of the contract performed. In the 
1171  event of any contract default by the contract purchaser, or in 
1172  the event that the funeral merchandise or service contracted for 
1173  is not provided or is not desired by the purchaser or the heirs 
1174  or personal representative of the contract beneficiary, the 
1175  trustee shall return, within 30 days after its receipt of a 
1176  written request therefor, funds paid on the contract to the 
1177  contract purchaser or to her or his assigns, heirs, or personal 
1178  representative, subject to the lawful liquidation damage 
1179  provision in the contract. 
1180         Section 26. Paragraph (b) of subsection (3) and subsection 
1181  (5) of section 497.602, Florida Statutes, are amended to read: 
1182         497.602 Direct disposers, license required; licensing 
1183  procedures and criteria; regulation.— 
1184         (3) ACTION CONCERNING APPLICATIONS.—A duly completed 
1185  application for licensure under this section, accompanied by the 
1186  required fees, shall be approved if the licensing authority 
1187  determines that the following conditions are met: 
1188         (b) The applicant has taken and received a passing grade in 
1189  a college credit course in Florida mortuary law and has taken 
1190  and received a passing grade in a college credit course in 
1191  ethics. 
1192         (5) DISPLAY OF LICENSE.—There shall be adopted rules which 
1193  require each license issued under this section to be displayed 
1194  in such a manner as to make it visible to the public and to 
1195  facilitate inspection by the department. Each licensee shall 
1196  permanently affix a recent photograph of the licensee to each 
1197  displayed license issued to that licensee as a direct disposer. 
1198         Section 27. Subsection (2) of section 497.603, Florida 
1199  Statutes, is amended to read: 
1200         497.603 Direct disposers, renewal of license.— 
1201         (2) The licensing authority There shall adopt be adopted 
1202  rules establishing procedures, forms, and a schedule and forms 
1203  and procedure for the biennial renewal of direct disposer 
1204  licenses as direct disposers. The rules There shall require be 
1205  adopted by rule continuing education requirements of up to 6 
1206  classroom hours, including, but not limited to, a course on 
1207  communicable diseases approved by the licensing authority, and 
1208  there may establish by rule be established criteria for 
1209  accepting alternative nonclassroom continuing education on an 
1210  hour-for-hour basis, in addition to an approved course on 
1211  communicable diseases that includes the course on human 
1212  immunodeficiency virus and acquired immune deficiency syndrome 
1213  required by s. 497.367, for the renewal of a license as a direct 
1214  disposer. 
1215         Section 28. Paragraph (c) of subsection (2), subsection 
1216  (8), and paragraph (d) of subsection (9) of section 497.604, 
1217  Florida Statutes, are amended, and subsection (10) is added to 
1218  that section, to read: 
1219         497.604 Direct disposal establishments, license required; 
1220  licensing procedures and criteria; license renewal; regulation; 
1221  display of license.— 
1222         (2) APPLICATION PROCEDURES.— 
1223         (c) The application shall name the licensed direct disposer 
1224  or licensed funeral director who will be acting as the a direct 
1225  disposer in charge of the direct disposal establishment. 
1226         (8) SUPERVISION OF FACILITIES.— 
1227         (a) Effective October 1, 2010, each direct disposal 
1228  establishment shall have one full-time licensed direct disposer 
1229  or licensed funeral director acting as the a direct disposer in 
1230  charge. However, a licensed direct disposer may continue acting 
1231  as the direct disposer in charge, if, as of September 30, 2010: 
1232         1. The direct disposal establishment and the licensed 
1233  direct disposer both have active, valid licenses. 
1234         2. The licensed direct disposer is currently acting as the 
1235  direct disposer in charge of the direct disposal establishment. 
1236         3. The name of the licensed direct disposer was included, 
1237  as required in paragraph (2)(c), in the direct disposal 
1238  establishment’s most recent application for issuance or renewal 
1239  of its license or was included in the establishment’s notice of 
1240  change provided under subsection (7). 
1241         (b) The licensed funeral director or licensed direct 
1242  disposer in charge of a direct disposal establishment must be 
1243  and reasonably available to the public during normal business 
1244  hours for the that establishment and. Such person may be in 
1245  charge of only one direct disposal establishment facility. The 
1246  Such licensed funeral director or licensed direct disposer in 
1247  charge of the establishment is shall be responsible for making 
1248  sure the facility, its operations, and all persons employed in 
1249  the facility comply with all applicable state and federal laws 
1250  and rules. 
1251         (9) REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.— 
1252         (d) Each direct disposal establishment must display at the 
1253  public entrance the name of the establishment and the name of 
1254  the licensed direct disposer or licensed funeral director acting 
1255  as the a direct disposer in charge of the responsible for that 
1256  establishment. A direct disposal establishment must transact its 
1257  business under the name by which it is licensed. 
1258         (10) DISPLAY OF LICENSE.— 
1259         (a) A direct disposer establishment and each direct 
1260  disposer, or funeral director acting as a direct disposer, 
1261  employed at the establishment must display their current 
1262  licenses in a conspicuous place within the establishment in such 
1263  a manner as to make the licenses visible to the public and to 
1264  facilitate inspection by the licensing authority. If a licensee 
1265  is simultaneously employed at more than one location, the 
1266  licensee may display a copy of the license in lieu of the 
1267  original. 
1268         (b) Each licensee shall permanently affix a photograph 
1269  taken of the licensee within the previous 6 years to each 
1270  displayed license issued to that licensee as a direct disposer 
1271  or funeral director acting as a direct disposer. 
1272         Section 29. Section 497.367, Florida Statutes, is repealed. 
1273         Section 30. This act shall take effect July 1, 2010.