Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 370
       
       
       
       
       
       
                                Barcode 194918                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/14/2013           .                                
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       The Committee on Health Policy (Flores) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 584 - 609
    4  and insert:
    5         Section 18. Paragraph (j) is added to subsection (1) of
    6  section 497.260, Florida Statutes, to read:
    7         497.260 Cemeteries; exemption; investigation and
    8  mediation.—
    9         (1) The provisions of this chapter relating to cemeteries
   10  and all rules adopted pursuant thereto shall apply to all
   11  cemeteries except for:
   12         (j) A religious-institution-owned cemetery, including all
   13  associated columbaria and mausoleums, which are 50 acres or
   14  less, if the religious institution:
   15         1. Limits burial rights within the cemetery to members of
   16  the religious institution and their families; and
   17         2. Maintains escrowed funds sufficient to cover maintenance
   18  costs and preneed agreements.
   19         Section 19. Section 497.382, Florida Statutes, is amended
   20  to read:
   21         497.382 Reports of cases embalmed and bodies handled.—
   22         (1) Each funeral establishment, direct disposal
   23  establishment, cinerator facility, and centralized embalming
   24  facility shall record monthly report on a form prescribed and
   25  furnished by the licensing authority the name of the deceased
   26  and such other information as may be required by rule with
   27  respect to each dead human body embalmed or otherwise handled by
   28  the establishment or facility. Such forms shall be signed
   29  monthly by the embalmer who performs the embalming, if the body
   30  is embalmed, and the funeral director in charge of the
   31  establishment or facility or by the direct disposer who disposes
   32  of the body and shall be maintained at the business premises of
   33  the establishment or facility for inspection by division staff.
   34  The licensing authority shall prescribe by rule the procedures
   35  for preparing and retaining in submitting such forms
   36  documentation. Reports required by this subsection shall be
   37  filed by the 20th day of each month for final dispositions
   38  handled the preceding month.
   39         (2) Funeral directors performing disinterments shall record
   40  monthly on the form specified in subsection (1) and pursuant to
   41  report, using a form and procedures prescribed specified by
   42  rule, the name of the deceased and such other information as may
   43  be required by rule with respect to each dead human body
   44  disinterred.
   45         Section 20. Subsection (4) of section 497.452, Florida
   46  Statutes, is amended to read:
   47         497.452 Preneed license required.—
   48         (4) The provisions of this section do not apply to
   49  religious-institution-owned cemeteries exempt under s.
   50  497.260(1)(d) or (j), in counties with a population of at least
   51  960,000 persons on July 1, 1996, with respect to the sale to the
   52  religious institution’s members and their families of interment
   53  rights, mausoleums, crypts, cremation niches, cremation
   54  interment containers, vaults, liners, urns, memorials, vases,
   55  foundations, memorial bases, floral arrangements, monuments,
   56  markers, engraving, and the opening and closing of interment
   57  rights, mausoleums, crypts, cremation niches, and cremation
   58  interment containers, if such cemeteries have engaged in the
   59  sale of preneed contracts prior to October 1, 1993, and maintain
   60  a positive net worth at the end of each fiscal year of the
   61  cemetery.
   62  
   63  ================= T I T L E  A M E N D M E N T ================
   64         And the title is amended as follows:
   65         Delete lines 65 - 68
   66  and insert:
   67         amending s. 497.260, F.S.; revising the exemptions to
   68         ch. 497, F.S., relating to cemeteries, to include
   69         certain religious-institution-owned cemeteries;
   70         amending s. 497.382, F.S.; revising certain reporting
   71         requirements for funeral establishments, direct
   72         disposal establishments, cinerator facilities, and
   73         centralized embalming facilities; amending s. 497.452,
   74         F.S.; deleting obsolete provisions; conforming a
   75         provision to changes made by the act; amending s.
   76         497.607,