Bill Text: FL S1152 | 2010 | Regular Session | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
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 builderor, for board appointments made540before June 1, 2006, a licensed monument establishment certified541by the department to be eligible for licensure as a monument542builder. 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 mustshall be required todisclose 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) forofwhich the person or 614 entity required to make disclosure has been convicted or to 615 which that person or entity entered a pleain the natureof 616 guilty or nolo contendereno contest. Disclosure isshall be617 requiredpursuant to this subsectionregardless of whether 618 adjudication iswasentered or withheld by the courtin which619the case was prosecuted. 620 (g) The licensing authority shallmayadopt rules 621 specifying forms and procedures to be usedutilizedby 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 needretired 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 use636ofretired Florida licenseesprofessionalsin good standing, and 637 active licensees in good standing from other jurisdictions, be 638 able to serve this state during times of critical needshould be639encouraged.To that end, rules may be adopted to permit practice640by retired professionals as limited licensees under this641section.642 (2) As used inFor purposes ofthis section, the term 643 “critical need” means an executive order offromthe Governor or 644afederal 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 648Anyperson seekingdesiring to obtaina limited license, when 649 permitted by rule, shall submit to the department an application 650and fee, not to exceed $300,and an affidavit stating that the 651 applicant is a retired Florida licensee or holds an active 652 licensehas been licensedto practice in anotherany653 jurisdiction ofinthe United Statesfor at least 10 yearsin 654 the profession for which the applicant seeks thealimited 655 license. The affidavit shall also state that the applicanthas656retired from the practice of that profession andintends to 657 practice only pursuant to the restrictions of the limited 658 license granted underpursuant tothis section.If the applicant659for a limited license submits a notarized statement from the660employer stating that the applicant will not receive monetary661compensation for any service involving the practice of her or662his profession, all licensure fees shall be waived. In no event663mayA person holding a limited license under this section may 664 not engage in preneed sales under thesuchlimited 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 provideup to 5 hours of669 continuing education credit for eachpercontinuing 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 credit673may be utilized by a licensee.The rules may include provisions 674 that establishas tothe minimum amount of time that must be 675 spent in the board meeting room viewing proceedings,which may676be 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 areshall besubject to approval by the 686 department beforeprior topromulgation. 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 individuals730who intend to be involved in the removal or transportation of731 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 3010days 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 isshall beresponsible 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 theadirect disposer in charge of a direct disposal 753 establishment isshall beresponsible 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 maynotrequire any person or firm 780 that delivers, installs, places, or sets a monument to show 781 proof of liabilityobtain any form ofinsurance 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 ofafuneral 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,servicewith the 814 family or friends of the decedent or any other person 815 responsible for such servicesservice; setting the time of the 816 servicesservice; establishing the type of servicesserviceto 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 forafuneral 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, 824serviceon an at-need basis, exceptprovidedthat 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,orfaxing, 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 878association of colleges and schoolsrecognized by the United 879 States Department of Education and is a graduate of aat least880an approved 1-yearcourse 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 onthe subjects ofthe theory and 887 practice of funeral directing and funeral service arts, public888health and sanitation, and local, state, and federal laws and889rules relating to the disposition of dead human bodies; however, 890 the licensing authority may approvethere may be approvedby 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 ofpart ofthis 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 fora limited period of6 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 authorityshall make939applicationon forms prescribedas requiredby rule of the 940 licensing authority, together with a nonrefundable fee setas941determinedby rule of the licensing authoritybutnot 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) AnTheapplication must includeshall indicatethe name 961 and address of thelicensedfuneral 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 thesuchtraining willis tobe conducted. 965 (d) AThefuneral director intern may perform only the 966 tasks, functions, and duties relating to funeral directing which 967 are performedshall internunder 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;1019display of license.— 1020(1) Nothing inThis chapter does notmay be construed to1021 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 license1037issued under this chapter to be displayed in such a manner as to1038make it visible to the public and to facilitate inspection by1039the licensing authority. However, each licensee shall1040permanently affix a recent photograph of the licensee to each1041displayed license issued to that licensee as a funeral director1042or 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 authorityThereshall renewbe reneweda 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 requireprescribe by rulecontinuing educationrequirementsof 1052 up to 12 classroom hours and mayby ruleestablish 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 diseasesthat includes the1056course on human immunodeficiency virus and acquired immune1057deficiency syndrome required by s.497.367, for the renewal of a 1058 funeral director or embalmer license. The rulesrulemay 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 thethatestablishment. 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 agentand that the funds shall be deposited1151in 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 disburseDisbursement offunds 1162 discharging aanypreneed contractshall be made by the trustee1163 to the person issuing or writing thesuchcontract upon the 1164 trustee’s receipt of a certified copy of the contract 1165 beneficiary’s death certificate or satisfactoryof the contract1166beneficiary andevidence, as the licensing authority shall 1167 define by rule,satisfactory to the trusteethat the preneed 1168 contract has beenfullyperformed 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 inFloridamortuary 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 which1193require each license issued under this section to be displayed1194in such a manner as to make it visible to the public and to1195facilitate inspection by the department. Each licensee shall1196permanently affix a recent photograph of the licensee to each1197displayed 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 authorityThereshall adoptbe adopted1202 rules establishing procedures, forms, and a scheduleand forms1203and procedurefor the biennial renewal of direct disposer 1204 licensesas direct disposers. The rulesThereshall requirebe1205adopted by rulecontinuing educationrequirementsof up to 6 1206 classroom hours, including, but not limited to, a course on 1207 communicable diseases approved by the licensing authority, and 1208theremay establishby rule be establishedcriteria for 1209 accepting alternative nonclassroom continuing education on an 1210 hour-for-hour basis, in addition to an approved course on1211communicable diseases that includes the course on human1212immunodeficiency virus and acquired immune deficiency syndrome1213required by s.497.367, for the renewal of a license as a direct1214disposer. 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 directorwho will beacting as theadirect 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-timelicensed direct disposer1229orlicensed funeral director acting as theadirect 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 1243andreasonably available to the public during normal business 1244 hours for thethatestablishment and. Such personmay be in 1245 charge of only one direct disposal establishmentfacility. The 1246Suchlicensed funeral director or licensed direct disposer in 1247 charge of the establishment isshall beresponsible 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 theadirect disposer in charge of theresponsible for that1256 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.