The Florida Senate

470.001  Legislative intent.

470.002  Definitions.

470.003  Board of Funeral Directors and Embalmers; membership; appointment; terms.

470.005  Rulemaking authority of board and department.

470.006  Licensure as an embalmer by examination; provisional license.

470.007  Licensure as an embalmer by endorsement; registration of a temporary embalmer.

470.008  Registration of an embalmer intern.

470.0085  Establishment of embalmer apprentice program.

470.0087  Practice of funeral directing.

470.009  Licensure as a funeral director by examination; provisional license.

470.011  Licensure as a funeral director by endorsement; registration of a temporary funeral director.

470.012  Registration of a funeral director intern.

470.013  License as funeral director and embalmer permitted; display of license.

470.014  Concurrent internships.

470.015  Renewal of funeral director and embalmer licenses.

470.016  Inactive status.

470.0165  Direct disposition; duties.

470.017  Registration as a direct disposer.

470.018  Renewal of registration of direct disposer.

470.019  Disciplinary actions against direct disposers and direct disposal establishments.

470.0201  Health and safety education.

470.021  Direct disposal establishment; standards and location; registration.

470.022  Direct disposition not funeral directing.

470.023  Practice of direct disposition without registration.

470.024  Funeral establishment; licensure.

470.025  Cinerator facility; licensure.

470.0255  Cremation; procedure required.

470.026  Solicitation of goods or services.

470.027  Exemption of certificateholder under chapter 497.

470.028  Preneed sales; registration of agents.

470.029  Reports of cases embalmed and bodies handled.

470.0294  Additional rights of legally authorized persons.

470.0295  Disinterment; transportation; authorization and notification.

470.0301  Removal services; refrigeration facilities; centralized embalming facilities.

470.031  Prohibitions; penalties.

470.0315  Storage, preservation, and transportation of human remains.

470.032  Unlawful to remove or embalm body without consent of proper official when crime is suspected.

470.033  Sale of funeral merchandise.

470.034  Disclosure of information to public.

470.035  Itemized price lists.

470.0355  Identification of human remains.

470.036  Disciplinary proceedings.

470.0375  Cash advance accounts; escrow refund accounts.

470.038  Reciprocity.

470.039  Exceptions.

470.0395  Branch chapels.

¹470.001  Legislative intent.--The Legislature deems it necessary in the interest of public health and safety to establish minimum qualifications for entry into the professions of embalming and funeral directing and to provide for swift and effective discipline for those practitioners who violate the law. The Legislature further deems it necessary to provide for the registration of all direct disposers, to provide against improper conduct by practitioners of direct disposition, and to establish swift and effective discipline for those practitioners who violate the law.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 1, 122, ch. 93-399; s. 3, ch. 2000-332; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.002  Definitions.--As used in this chapter:

(1)  "Department" means the Department of Business and Professional Regulation.

(2)  "Board" means the Board of Funeral Directors and Embalmers.

(3)  "Funeral director" means any person licensed under this chapter to practice funeral directing in this state.

(4)  "Practice of funeral directing" means the performance by a licensed funeral director of any of those functions authorized by s. 470.0087.

(5)  "Embalmer" means any person licensed under this chapter to practice embalming in this state.

(6)  "Practice of embalming" means disinfecting or preserving or attempting to disinfect or preserve dead human bodies by replacing certain body fluids with preserving and disinfecting chemicals.

(7)  "Funeral establishment" means a facility licensed under this chapter where a funeral director or embalmer practices funeral directing or embalming.

(8)  "Direct disposal establishment" means a facility registered under this chapter where a direct disposer practices direct disposition.

(9)  "Direct disposer" means any person registered under this chapter to practice direct disposition in this state.

(10)  "Practice of direct disposition" means the cremation of human remains without preparation of the human remains by embalming and without any attendant services or rites such as funeral or graveside services or the making of arrangements for such final disposition.

(11)  "Final disposition" means the final disposal of a dead human body by earth interment, aboveground interment, cremation, burial at sea, or delivery to a medical institution for lawful dissection if the medical institution assumes responsibility for disposal. "Final disposition" does not include the disposal or distribution of ashes and residue of cremated human remains.

(12)  "Funeral merchandise" or "merchandise" means any merchandise commonly sold in connection with the funeral, final disposition, or memorialization of human remains, including, but not limited to, caskets, outer burial containers, alternative containers, cremation containers, urns, monuments, private mausoleums, flowers, shrubs, benches, vases, acknowledgment cards, register books, memory folders, prayer cards, and clothing.

(13)  "Funeral" or "funeral service" means the observances, services, or ceremonies held to commemorate the life of a specific deceased human being, and at which the human remains are present.

(14)  "Cinerator" means a facility where dead human bodies are reduced to a residue, including bone fragments, by direct flame, also known as "cremation," or by intense heat, also known as "calcination."

(15)  "Alternative container" means a nonmetal receptacle or enclosure which is less expensive than a casket and of sufficient strength to be used to hold and transport a dead human body.

(16)  "Casket" means a rigid container which is designed for the encasement of human remains for burial and which is usually constructed of wood or metal, ornamented, and lined with fabric.

(17)  "Solicitation" means any communication which directly or implicitly requests an immediate oral response from the recipient.

(18)  "Legally authorized person" means, in the priority listed, the decedent, when written inter vivos authorizations and directions are provided by the decedent, the surviving spouse, unless the spouse has been arrested for committing against the deceased an act of domestic violence as defined in s. 741.28, a son or daughter who is 18 years of age or older, a parent, a brother or sister 18 years of age or over, a grandchild who is 18 years of age or older, or a grandparent; or any person in the next degree of kinship. In addition, the term may include, if no family exists or is available, the following: the guardian of the dead person at the time of death; the personal representative of the deceased; the attorney in fact of the dead person at the time of death; the health surrogate of the dead person at the time of death; a public health officer; the medical examiner, county commission or administrator acting under part II of chapter 406, or other public administrator; a representative of a nursing home or other health care institution in charge of final disposition; or a friend or other person not listed in this subsection who is willing to assume the responsibility as authorized person.

(19)  "Outer burial container" means an enclosure into which a casket is placed, including, but not limited to, a vault made of concrete, steel, fiberglass, or copper, a sectional concrete enclosure, a crypt, or a wooden enclosure.

(20)  "Personal residence" means any residential building in which one temporarily or permanently maintains his or her abode, including, but not limited to, an apartment or a hotel, motel, nursing home, convalescent home, home for the aged, or a public or private institution.

(21)  "Preneed sales agent" means any person who is registered under chapter 497 to sell preneed burial or funeral service and merchandise contracts or direct disposition contracts in this state.

(22)  "At-need solicitation" means any uninvited contact by a funeral director or direct disposer for the purpose of the sale of funeral services or merchandise to the family or next of kin of a person after that person has died.

(23)  "Human remains" or "remains," "dead human body" or "dead human bodies," means the body of a deceased human person for which a death certificate or fetal death certificate is required under chapter 382 and includes the body in any stage of decomposition and the residue of cremated human bodies.

(24)  "Cremation" includes any mechanical or thermal process whereby a dead human body is reduced to ashes and bone fragments. Cremation also includes any other mechanical or thermal process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity.

(25)  "Refrigeration facility" means a facility that is not physically connected with a funeral establishment, crematory or direct disposal establishment, that maintains space and equipment for the storage and refrigeration of dead human bodies, and that offers its service to funeral directors and funeral establishments for a fee.

(26)  "Removal service" means any service that operates independently of a funeral establishment, that handles the initial removal of dead human bodies, and that offers its service to funeral establishments and direct disposal establishments for a fee.

(27)  "Centralized embalming facility" means a facility, not physically connected with a funeral establishment, in which embalming takes place.

(28)  "Disinterment" means removal of a dead human body from earth interment or aboveground interment.

History.--ss. 1, 5, ch. 79-231; s. 336, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 11, 43, ch. 82-179; s. 17, ch. 83-316; s. 1, ch. 85-16; s. 1, ch. 89-8; s. 133, ch. 92-149; ss. 2, 122, ch. 93-399; s. 59, ch. 94-119; s. 1, ch. 96-355; s. 1, ch. 98-298; s. 12, ch. 2001-120; s. 6, ch. 2002-55; s. 56, ch. 2003-1; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.003  Board of Funeral Directors and Embalmers; membership; appointment; terms.--

(1)  The Board of Funeral Directors and Embalmers is created within the Department of Business and Professional Regulation and shall consist of seven members appointed by the Governor and confirmed by the Senate.

(2)  Five members of the board must be funeral directors licensed under this chapter, no more than two of whom may be associated with a cemetery company through ownership interests or through employment with a company which has an ownership interest in a cemetery. The remaining two members must be residents of the state who have never been licensed as funeral directors or embalmers and who are in no way connected with a cemetery, the death care industry, or the practice of embalming, funeral directing, or direct disposition. At least one consumer member of the board must be 60 years of age or older. No licensee on the board may be associated by employment or ownership with a funeral establishment or cemetery which is owned partly or wholly by a person, business, corporation, or other entity which is associated with another licensee on the board.

(3)  The Governor shall appoint members for terms of 4 years, and such members shall serve until their successors are appointed.

(4)  All provisions of chapter 455 and s. 20.165 relating to activities of regulatory boards shall apply.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 20, ch. 87-172; s. 1, ch. 89-8; ss. 3, 122, ch. 93-399; s. 107, ch. 98-166; s. 168, ch. 2000-160; s. 157, ch. 2004-301.

¹Note.--

A.  Repealed October 1, 2005, by s. 157, ch. 2004-301.

B.  Section 156, ch. 2004-301, provides that "[e]ffective at 11:59 p.m. on September 30, 2005, the Board of Funeral and Cemetery Services and the Board of Funeral Directors and Embalmers are abolished."

¹470.005  Rulemaking authority of board and department.--

(1)  The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring duties upon it. The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring duties upon it.

(2)  The board may adopt rules not inconsistent with law to define and regulate hazardous materials generated in connection with the practice of embalming, funeral directing, or direct disposition.

(3)  The board shall adopt rules which establish requirements for inspection of direct disposal establishments, funeral establishments, and cinerator facilities and the records directly relating to the regulated activities of the licensee to ensure compliance with the provisions of this chapter and rules adopted hereunder. Such rules shall include, but not be limited to, requirements to inspect for compliance with federal and state laws relating to the receiving, handling, storage, and disposal of biohazardous and hazardous waste.

(4)  The board may prescribe by rule a fee of up to $25 for a duplicate license, registration, or certificate of authority and for a name change on a license, registration, or certificate of authority.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 134, ch. 92-149; ss. 4, 122, ch. 93-399; s. 141, ch. 98-200; s. 23, ch. 2000-356; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.006  Licensure as an embalmer by examination; provisional license.--

(1)  Any person desiring to be licensed as an embalmer shall apply to the department to take the licensure examination. The department shall examine each applicant who has remitted an examination fee set by the board not to exceed $200 plus the actual per applicant cost to the department for portions of the examination and who the board certifies has:

(a)  Completed the application form and remitted a nonrefundable application fee set by the board not to exceed $50.

(b)  Submitted proof satisfactory to the board that the applicant is at least 18 years of age and is a recipient of a high school degree or equivalent.

(c)  Had no conviction or finding of guilt, regardless of adjudication, for a crime which directly relates to the ability to practice embalming or the practice of embalming.

(d)  Completed a course in mortuary science approved by the board, which course embraces, at least, the following subjects: theory and practice of embalming, restorative art, pathology, anatomy, microbiology, chemistry, hygiene, and public health and sanitation.

(e)  Submitted proof of completion of a board-approved course on communicable diseases.

(2)  The department shall license the applicant as an embalmer if the applicant:

(a)  Passes an examination on the subjects of the theory and practice of embalming, restorative art, pathology, anatomy, microbiology, chemistry, hygiene, public health and sanitation, and local, state, and federal laws and rules relating to the disposition of dead human bodies; however, the board by rule may adopt the use of a national examination, such as the embalming examination prepared by the Conference of Funeral Service Examining Boards, in lieu of part of this examination requirement; and

(b)  Completes a 1-year internship under a licensed embalmer.

(3)  Any applicant who has completed the required 1-year internship and has been approved for examination as an embalmer may qualify for a provisional license to work in a licensed funeral establishment, under the direct supervision of a licensed embalmer for a limited period of 6 months as provided by rule of the board. The fee for provisional licensure shall be set by the board, but may not exceed $125, and shall be nonrefundable and in addition to the fee required in subsection (1). This provisional license may be renewed no more than one time.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 19, ch. 88-205; s. 1, ch. 89-8; s. 44, ch. 89-162; s. 17, ch. 91-137; ss. 5, 122, ch. 93-399; s. 60, ch. 94-119; s. 314, ch. 97-103; s. 2, ch. 98-298; s. 73, ch. 2004-301.

¹Note.--Section 73, ch. 2004-301, renumbered s. 470.006 as s. 497.368 and amended the section, effective October 1, 2005, to read:

497.368  Embalmers; licensure as an embalmer by examination; provisional license.--

(1)  Any person desiring to be licensed as an embalmer shall apply to the licensing authority to take the licensure examination. The licensing authority shall examine each applicant who has remitted an examination fee set by rule of the licensing authority not to exceed $200 plus the actual per applicant cost to the licensing authority for portions of the examination and who has:

(a)  Completed the application form and remitted a nonrefundable application fee set by the licensing authority not to exceed $200.

(b)  Submitted proof satisfactory to the licensing authority that the applicant is at least 18 years of age and is a recipient of a high school degree or equivalent.

(c)  Had no conviction or finding of guilt, regardless of adjudication, for a crime which directly relates to the ability to practice embalming or the practice of embalming.

(d)  Completed a course in mortuary science approved by the licensing authority, which course embraces, at least, the following subjects: theory and practice of embalming, restorative art, pathology, anatomy, microbiology, chemistry, hygiene, and public health and sanitation.

(e)  Submitted proof of completion of a course on communicable diseases approved by the licensing authority.

(2)  The licensing authority shall license the applicant as an embalmer if the applicant:

(a)  Passes an examination on the subjects of the theory and practice of embalming, restorative art, pathology, anatomy, microbiology, chemistry, hygiene, public health and sanitation, and local, state, and federal laws and rules relating to the disposition of dead human bodies; however, there may by rule be approved by the licensing authority the use of a national examination, such as the embalming examination prepared by the Conference of Funeral Service Examining Boards, in lieu of part of this examination requirement; and

(b)  Completes a 1-year internship under a licensed embalmer.

(3)  Any applicant who has completed the required 1-year internship and has been approved for examination as an embalmer may qualify for a provisional license to work in a licensed funeral establishment, under the direct supervision of a licensed embalmer for a limited period of 6 months as provided by rule of the licensing authority. The fee for provisional licensure shall be set by rule of the licensing authority, but may not exceed $200, and shall be nonrefundable and in addition to the fee required in subsection (1). This provisional license may be renewed no more than one time.

¹470.007  Licensure as an embalmer by endorsement; registration of a temporary embalmer.--

(1)  The department shall issue a license by endorsement to practice embalming to an applicant who has remitted an examination fee set by the board not to exceed $200 and who the board certifies:

(a)  Has completed the application form and remitted a nonrefundable application fee set by the board not to exceed $50.

(b)1.  Holds a valid license to practice embalming in another state of the United States, provided that, when the applicant secured his or her original license, the requirements for licensure were substantially equivalent to or more stringent than those existing in this state; or

2.  Meets the qualifications for licensure in s. 470.006, except that the internship requirement shall be deemed to have been satisfied by 1 year's practice as a licensed embalmer in another state, and has, within 10 years prior to the date of application, successfully completed a state, regional, or national examination in mortuary science, which, as determined by rule of the board, is substantially equivalent to or more stringent than the examination given by the department.

(c)  Has submitted proof of completion of a board-approved course on communicable diseases.

(2)  State, regional, or national examinations and requirements for licensure in another state shall be presumed to be substantially equivalent to or more stringent than the examination and requirements in this state unless found otherwise by rule of the board.

(3)  The department shall not issue a license by endorsement or a temporary registration to any applicant who is under investigation or prosecution in any jurisdiction for an act which would constitute a violation of this chapter until such time as the investigation or prosecution is complete.

(4)  Each applicant for licensure by endorsement must pass the examination on local, state, and federal laws and rules relating to the disposition of dead human bodies which is required under s. 470.006 and which shall be given by the department.

(5)  The board may adopt rules authorizing an applicant who has met the requirements of paragraphs (1)(b) and (c) and who is awaiting an opportunity to take the examination required by subsection (4) to register as a temporary embalmer. A registered temporary embalmer may work as an embalmer in a licensed funeral establishment under the general supervision of a licensed embalmer. Such registration shall expire 60 days after the date of the next available examination required under subsection (4); however, the temporary registration may be renewed one time under the same conditions as initial issuance. The fee for registration or renewal of registration as a temporary embalmer shall be set by the board but may not exceed $125. The fee required in this subsection shall be nonrefundable and in addition to the fee required in subsection (1).

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 135, ch. 92-149; ss. 6, 122, ch. 93-399; s. 61, ch. 94-119; s. 315, ch. 97-103; s. 74, ch. 2004-301.

¹Note.--Section 74, ch. 2004-301, renumbered s. 470.007 as s. 497.369 and amended the section, effective October 1, 2005, to read:

497.369  Embalmers; licensure as an embalmer by endorsement; licensure of a temporary embalmer.--

(1)  The licensing authority shall issue a license by endorsement to practice embalming to an applicant who has remitted an examination fee set by rule of the licensing authority not to exceed $200 and who the licensing authority certifies:

(a)  Has completed the application form and remitted a nonrefundable application fee set by rule of the licensing authority not to exceed $200.

(b)1.  Holds a valid license to practice embalming in another state of the United States, provided that, when the applicant secured her or his original license, the requirements for licensure were substantially equivalent to or more stringent than those existing in this state; or

2.  Meets the qualifications for licensure in s. 497.368, except that the internship requirement shall be deemed to have been satisfied by 1 year's practice as a licensed embalmer in another state, and has, within 10 years prior to the date of application, successfully completed a state, regional, or national examination in mortuary science, which, as determined by rule of the licensing authority, is substantially equivalent to or more stringent than the examination given by the licensing authority.

(c)  Has submitted proof of completion of a licensing authority-approved course on communicable diseases.

(2)  State, regional, or national examinations and requirements for licensure in another state shall be presumed to be substantially equivalent to or more stringent than the examination and requirements in this state unless found otherwise by rule of the licensing authority.

(3)  The licensing authority shall not issue a license by endorsement or a temporary license to any applicant who is under investigation or prosecution in any jurisdiction for an act which would constitute a violation of this chapter until such time as the investigation or prosecution is complete.

(4)  Each applicant for licensure by endorsement must pass the examination on local, state, and federal laws and rules relating to the disposition of dead human bodies which is required under s. 497.368 and which shall be given by the licensing authority.

(5)  There may be adopted by the licensing authority rules authorizing an applicant who has met the requirements of paragraphs (1)(b) and (c) and who is awaiting an opportunity to take the examination required by subsection (4) to be licensed as a temporary licensed embalmer. A temporary licensed ²embalmer may work as an embalmer in a licensed funeral establishment under the general supervision of a licensed embalmer. Such temporary license shall expire 60 days after the date of the next available examination required under subsection (4); however, the temporary license may be renewed one time under the same conditions as initial issuance. The fee for issuance or renewal of an embalmer temporary license shall be set by rule of the licensing authority but may not exceed $200. The fee required in this subsection shall be nonrefundable and in addition to the fee required in subsection (1).

²Note.--The word "temporary" preceding the word "embalmer" was deleted by the editors.

¹470.008  Registration of an embalmer intern.--

(1)  Any person desiring to become an embalmer intern shall make application to the department on forms provided by the department, together with a nonrefundable fee not to exceed $100. The application shall indicate the name and address of the licensed embalmer under whose supervision the intern will receive training and the name of the licensed funeral establishment or centralized embalming facility where such training is to be conducted. The embalmer intern shall intern under the direct supervision of a licensed embalmer who has an active, valid license.

(2)  An applicant for internship under this section shall meet the requirements of s. 470.006(1)(b)-(e) prior to being registered by the board as an embalmer intern.

(3)  The board shall adopt rules establishing an embalmer internship program and criteria for embalmer intern training agencies and supervisors. Any funeral establishment or centralized embalming facility where embalming is conducted must apply to the board for approval as an embalmer intern training agency.

(4)  A funeral establishment or centralized embalming facility designated as an embalmer intern training agency may not exact a fee from any person obtaining intern training at such funeral establishment or centralized embalming facility.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 85-133; s. 1, ch. 89-8; s. 18, ch. 91-137; s. 136, ch. 92-149; ss. 7, 122, ch. 93-399; s. 62, ch. 94-119; s. 75, ch. 2004-301.

¹Note.--Section 75, ch. 2004-301, renumbered s. 470.008 as s. 497.370 and amended the section, effective October 1, 2005, to read:

497.370  Embalmers; licensure of an embalmer intern.--

(1)  Any person desiring to become an embalmer intern shall make application to the licensing authority on forms specified by rule, together with a nonrefundable fee determined by rule of the licensing authority but not to exceed $200. The application shall indicate the name and address of the licensed embalmer under whose supervision the intern will receive training and the name of the licensed funeral establishment or centralized embalming facility where such training is to be conducted. The embalmer intern shall intern under the direct supervision of a licensed embalmer who has an active, valid license under s. 497.368 or s. 497.369.

(2)  An applicant for internship under this section shall meet the requirements of s. 497.368(1)(b)-(e) prior to being licensed as an embalmer intern.

(3)  There shall be adopted rules establishing an embalmer internship program and criteria for embalmer intern training agencies and supervisors. Any funeral establishment or centralized embalming facility where embalming is conducted must apply to the licensing authority for approval as an embalmer intern training agency.

(4)  A funeral establishment or centralized embalming facility designated as an embalmer intern training agency may not exact a fee from any person obtaining intern training at such funeral establishment or centralized embalming facility.

¹470.0085  Establishment of embalmer apprentice program.--The board may adopt rules establishing an embalmer apprentice program. An embalmer apprentice may perform only those tasks, functions, and duties relating to embalming which are performed under the direct supervision of a licensed embalmer. An embalmer apprentice shall be eligible to serve in an apprentice capacity for a period not to exceed 1 year as may be determined by board rule or for a period not to exceed 3 years if the apprentice is enrolled in and attending a course in mortuary science or funeral service education at any mortuary college or funeral service education college or school. An embalmer apprentice shall be registered with the board upon payment of a registration fee not to exceed $50.

History.--ss. 12, 43, ch. 82-179; s. 1, ch. 89-8; s. 122, ch. 93-399; s. 3, ch. 98-298; s. 76, ch. 2004-301.

¹Note.--Section 76, ch. 2004-301, renumbered s. 470.0085 as s. 497.371 and amended the section, effective October 1, 2005, to read:

497.371  Embalmers; establishment of embalmer apprentice program.--The licensing authority adopts rules establishing an embalmer apprentice program. An embalmer apprentice may perform only those tasks, functions, and duties relating to embalming which are performed under the direct supervision of an embalmer who has an active, valid license under s. 497.368 or s. 497.369. An embalmer apprentice shall be eligible to serve in an apprentice capacity for a period not to exceed 3 years as may be determined by licensing authority rule or for a period not to exceed 5 years if the apprentice is enrolled in and attending a course in mortuary science or funeral service education at any mortuary college or funeral service education college or school. An embalmer apprentice shall be licensed upon payment of a licensure fee as determined by licensing authority rule but not to exceed $200.

¹470.0087  Practice of funeral directing.--

(1)  The practice of funeral directing shall be construed to consist of the following functions, which may be performed only by a licensed funeral director:

(a)  Selling or offering to sell funeral services on an at-need basis.

(b)  Planning or arranging, on an at-need basis, the details of a funeral service with the family or friends of the decedent or any other person responsible for such service; setting the time of the service; establishing the type of service to be rendered; acquiring the services of the clergy; and obtaining vital information for the filing of death certificates and obtaining of burial transit permits.

(c)  Making, negotiating, or completing the financial arrangements for a funeral service on an at-need basis, provided that nonlicensed personnel may assist the funeral director in performing such tasks.

(d)  Directing, being in charge or apparent charge of, or supervising, directly or indirectly, a visitation or viewing. Such functions shall not require that a licensed funeral director be physically present throughout the visitation or viewing, provided that the funeral director is readily available by telephone for consultation.

(e)  Directing, being in charge or apparent charge of, or supervising, directly or indirectly, any funeral service held in a funeral establishment, cemetery, or elsewhere.

(f)  Directing, being in charge or apparent charge of, or supervising, directly or indirectly, any memorial service held prior to or within 72 hours of the burial or cremation, if such memorial service is sold or arranged by a certificateholder or registrant.

(g)  Using in connection with one's name or employment the words or terms "funeral director," "funeral establishment," "undertaker," "mortician," or any other word, term, title, or picture, or combination of any of the above, that when considered in the context in which used would imply that such person is engaged in the practice of funeral directing or that such person is holding himself or herself out to the public as being engaged in the practice of funeral directing; provided, however, that nothing in this paragraph shall prevent using the name of any owner, officer, or corporate director of a funeral establishment, who is not a licensee, in connection with the name of the funeral establishment with which such individual is affiliated, so long as such individual's affiliation is properly specified.

(h)  Managing or supervising the operation of a funeral establishment, except for administrative matters such as budgeting, accounting and personnel, maintenance of buildings, equipment and grounds, and routine clerical and recordkeeping functions.

(2)  The practice of funeral directing shall not be construed to consist of the following functions:

(a)  The phoning-in or faxing of obituary notices; ordering of flowers or merchandise; delivery of death certificates to attending physicians; or clerical preparation of death certificates, insurance forms, and any clerical tasks that record the information compiled by the funeral director or that are incidental to any of the functions specified above.

(b)  Furnishing standard printed price lists and other disclosure information to the public by telephone or by providing such lists to persons making inquiry.

(c)  Removing or transporting human remains from the place of death, or removing or transporting human remains from or to a funeral establishment, centralized embalming facility, refrigeration facility, cemetery, crematory, medical examiner's office, common carrier, or other locations as authorized and provided by law.

(d)  Arranging, coordinating, or employing registered removal services, registered refrigeration facilities, or registered centralized embalming facilities.

(e)  Any aspect of making preneed funeral arrangements or entering into preneed contracts.

(f)  Any functions normally performed by cemetery or crematory personnel.

History.--s. 8, ch. 93-399; s. 77, ch. 2004-301.

¹Note.--Section 77, ch. 2004-301, renumbered s. 470.0087 as s. 497.372 and amended the section, effective October 1, 2005, to read:

497.372  Funeral directing; conduct constituting funeral directing.--

(1)  The practice of funeral directing shall be construed to consist of the following functions, which may be performed only by a licensed funeral director:

(a)  Selling or offering to sell funeral services on an at-need basis.

(b)  Planning or arranging, on an at-need basis, the details of a funeral service with the family or friends of the decedent or any other person responsible for such service; setting the time of the service; establishing the type of service to be rendered; acquiring the services of the clergy; and obtaining vital information for the filing of death certificates and obtaining of burial transit permits.

(c)  Making, negotiating, or completing the financial arrangements for a funeral service on an at-need basis, provided that nonlicensed personnel may assist the funeral director in performing such tasks.

(d)  Directing, being in charge or apparent charge of, or supervising, directly or indirectly, a visitation or viewing. Such functions shall not require that a licensed funeral director be physically present throughout the visitation or viewing, provided that the funeral director is readily available by telephone for consultation.

(e)  Directing, being in charge or apparent charge of, or supervising, directly or indirectly, any funeral service held in a funeral establishment, cemetery, or elsewhere.

(f)  Directing, being in charge or apparent charge of, or supervising, directly or indirectly, any memorial service held prior to or within 72 hours of the burial or cremation, if such memorial service is sold or arranged by a licensee.

(g)  Using in connection with one's name or employment the words or terms "funeral director," "funeral establishment," "undertaker," "mortician," or any other word, term, title, or picture, or combination of any of the above, that when considered in the context in which used would imply that such person is engaged in the practice of funeral directing or that such person is holding herself or himself out to the public as being engaged in the practice of funeral directing; provided, however, that nothing in this paragraph shall prevent using the name of any owner, officer, or corporate director of a funeral establishment, who is not a licensee, in connection with the name of the funeral establishment with which such individual is affiliated, so long as such individual's affiliation is properly specified.

(h)  Managing or supervising the operation of a funeral establishment, except for administrative matters such as budgeting, accounting and personnel, maintenance of buildings, equipment and grounds, and routine clerical and recordkeeping functions.

(2)  The practice of funeral directing shall not be construed to consist of the following functions:

(a)  The phoning-in or faxing of obituary notices; ordering of flowers or merchandise; delivery of death certificates to attending physicians; or clerical preparation of death certificates, insurance forms, and any clerical tasks that record the information compiled by the funeral director or that are incidental to any of the functions specified above.

(b)  Furnishing standard printed price lists and other disclosure information to the public by telephone or by providing such lists to persons making inquiry.

(c)  Removing or transporting human remains from the place of death, or removing or transporting human remains from or to a funeral establishment, centralized embalming facility, refrigeration facility, cemetery, crematory, medical examiner's office, common carrier, or other locations as authorized and provided by law.

(d)  Arranging, coordinating, or employing licensed removal services, licensed refrigeration facilities, or licensed centralized embalming facilities.

(e)  Any aspect of making preneed funeral arrangements or entering into preneed contracts.

(f)  Any functions normally performed by cemetery or crematory personnel.

¹470.009  Licensure as a funeral director by examination; provisional license.--

(1)  Any person desiring to be licensed as a funeral director shall apply to the department to take the licensure examination. The department shall examine each applicant who has remitted an examination fee set by the board not to exceed $200 plus the actual per applicant cost to the department for portions of the examination and who the board certifies has:

(a)  Completed the application form and remitted a nonrefundable application fee set by the board not to exceed $50.

(b)  Submitted proof satisfactory to the board that the applicant is at least 18 years of age and is a recipient of a high school degree or equivalent.

(c)  Had no conviction or finding of guilt, regardless of adjudication, for a crime which directly relates to the ability to practice funeral directing or the practice of funeral directing.

(d)1.  Received an associate in arts degree, associate in science degree, or an associate in applied science degree in mortuary science approved by the board; or

2.  Holds an associate degree or higher from a college or university accredited by a regional association of colleges and schools recognized by the United States Department of Education and is a graduate of at least a 1-year course in mortuary science approved by the board.

(e)  Submitted proof of completion of a board-approved course on communicable diseases.

(2)  The department shall license the applicant as a funeral director if he or she:

(a)  Passes an examination on the subjects of the theory and practice of funeral directing, public health and sanitation, and local, state, and federal laws and rules relating to the disposition of dead human bodies; however, the board by rule may adopt the use of a national examination, such as the funeral service arts examination prepared by the Conference of Funeral Service Examining Boards, in lieu of part of this examination requirement.

(b)  Completes a 1-year internship under a licensed funeral director.

(3)  Any applicant who has completed the required 1-year internship and has been approved for examination as a funeral director may qualify for a provisional license to work in a licensed funeral establishment, under the direct supervision of a licensed funeral director for a limited period of 6 months as provided by rule of the board. The fee for provisional licensure shall be set by the board but may not exceed $125. The fee required in this subsection shall be nonrefundable and in addition to the fee required by subsection (1). This provisional license may be renewed no more than one time.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 19, ch. 91-137; ss. 9, 122, ch. 93-399; s. 63, ch. 94-119; s. 316, ch. 97-103; s. 4, ch. 98-298; s. 78, ch. 2004-301.

¹Note.--Section 78, ch. 2004-301, renumbered s. 470.009 as s. 497.373 and amended the section, effective October 1, 2005, to read:

497.373  Funeral directing; licensure as a funeral director by examination; provisional license.--

(1)  Any person desiring to be licensed as a funeral director shall apply to the licensing authority to take the licensure examination. The licensing authority shall examine each applicant who has remitted an examination fee set by rule of the licensing authority not to exceed $200 plus the actual per applicant cost to the licensing authority for portions of the examination and who the licensing authority certifies has:

(a)  Completed the application form and remitted a nonrefundable application fee set by rule of the licensing authority not to exceed $200.

(b)  Submitted proof satisfactory to the licensing authority that the applicant is at least 18 years of age and is a recipient of a high school degree or equivalent.

(c)  Had no conviction or finding of guilt, regardless of adjudication, for a crime which directly relates to the ability to practice funeral directing or the practice of funeral directing.

(d)1.  Received an associate in arts degree, associate in science degree, or an associate in applied science degree in mortuary science approved by the licensing authority; or

2.  Holds an associate degree or higher from a college or university accredited by a regional association of colleges and schools recognized by the United States Department of Education and is a graduate of at least an approved 1-year course in mortuary science approved by the licensing authority.

(e)  Submitted proof of completion of a course on communicable diseases approved by the licensing authority.

(2)  The licensing authority shall license the applicant as a funeral director if she or he:

(a)  Passes an examination on the subjects of the theory and practice of funeral directing, public health and sanitation, and local, state, and federal laws and rules relating to the disposition of dead human bodies; however, there may be approved by rule the use of a national examination, such as the funeral service arts examination prepared by the Conference of Funeral Service Examining Boards, in lieu of part of this examination requirement.

(b)  Completes a 1-year internship under a licensed funeral director.

(3)  Any applicant who has completed the required 1-year internship and has been approved for examination as a funeral director may qualify for a provisional license to work in a licensed funeral establishment, under the direct supervision of a licensed funeral director for a limited period of 6 months as provided by rule of the licensing authority. The fee for provisional licensure shall be set by rule of the licensing authority but may not exceed $200. The fee required in this subsection shall be nonrefundable and in addition to the fee required by subsection (1). This provisional license may be renewed no more than one time.

¹470.011  Licensure as a funeral director by endorsement; registration of a temporary funeral director.--

(1)  The department shall issue a license by endorsement to practice funeral directing to an applicant who has remitted a fee set by the board not to exceed $200 and who the board certifies:

(a)  Has completed the application form and remitted a nonrefundable application fee set by the board not to exceed $50.

(b)1.  Holds a valid license to practice funeral directing in another state of the United States, provided that, when the applicant secured his or her original license, the requirements for licensure were substantially equivalent to or more stringent than those existing in this state; or

2.  Meets the qualifications for licensure in s. 470.009 and has, within 10 years prior to the date of application, successfully completed a state, regional, or national examination in mortuary science, which, as determined by rule of the board, is substantially equivalent to or more stringent than the examination given by the department.

(c)  Has submitted proof of completion of a board-approved course on communicable diseases.

(2)  The department shall not issue a license by endorsement or a temporary registration to any applicant who is under investigation or prosecution in any jurisdiction for acts which would constitute a violation of this chapter until such time as the investigation or prosecution is complete.

(3)  State, regional, or national examinations and requirements for licensure in another state shall be presumed to be substantially equivalent to or more stringent than the examination and requirements in this state unless found otherwise by rule of the board.

(4)  Each applicant for licensure by endorsement must pass the examination on local, state, and federal laws and rules relating to the disposition of dead human bodies which is required under s. 470.009 and which shall be given by the department.

(5)  The board may adopt rules authorizing an applicant who has met the requirements of paragraphs (1)(b) and (c) and who is awaiting an opportunity to take the examination required by subsection (4) to register as a temporary funeral director. A registered temporary funeral director may work as a funeral director in a licensed funeral establishment under the general supervision of a licensed funeral director. Such registration shall expire 60 days after the date of the next available examination required under subsection (4); however, the temporary registration may be renewed one time under the same conditions as initial issuance. The fee for registration or renewal of registration as a temporary funeral director shall be set by the board but may not exceed $125. The fee required in this subsection shall be nonrefundable and in addition to the fee required in subsection (1).

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 137, ch. 92-149; ss. 10, 122, ch. 93-399; s. 64, ch. 94-119; s. 317, ch. 97-103; s. 79, ch. 2004-301.

¹Note.--Section 79, ch. 2004-301, renumbered s. 470.011 as s. 497.374 and amended the section, effective October 1, 2005, to read:

497.374  Funeral directing; licensure as a funeral director by endorsement; licensure of a temporary funeral director.--

(1)  The licensing authority shall issue a license by endorsement to practice funeral directing to an applicant who has remitted a fee set by rule of the licensing authority not to exceed $200 and who:

(a)  Has completed the application form and remitted a nonrefundable application fee set by rule of the licensing authority not to exceed $200.

(b)1.  Holds a valid license to practice funeral directing in another state of the United States, provided that, when the applicant secured her or his original license, the requirements for licensure were substantially equivalent to or more stringent than those existing in this state; or

2.  Meets the qualifications for licensure in s. 497.373 and has, within 10 years prior to the date of application, successfully completed a state, regional, or national examination in mortuary science, which, as determined by rule of the licensing authority, is substantially equivalent to or more stringent than the examination given by the licensing authority.

(c)  Has submitted proof of completion of a licensing authority-approved course on communicable diseases.

(2)  The licensing authority shall not issue a license by endorsement or a temporary license to any applicant who is under investigation or prosecution in any jurisdiction for acts which would constitute a violation of this chapter until such time as the investigation or prosecution is complete.

(3)  State, regional, or national examinations and requirements for licensure in another state shall be presumed to be substantially equivalent to or more stringent than the examination and requirements in this state unless found otherwise by rule of the licensing authority.

(4)  Each applicant for licensure by endorsement must pass the examination on local, state, and federal laws and rules relating to the disposition of dead human bodies which is required under s. 497.373 and which shall be given by the licensing authority.

(5)  There may be adopted rules authorizing an applicant who has met the requirements of paragraphs (1)(b) and (c) and who is awaiting an opportunity to take the examination required by subsection (4) to obtain a license as a temporary funeral director. A licensed temporary funeral director may work as a funeral director in a licensed funeral establishment under the general supervision of a funeral director licensed under subsection (1) or s. 497.373. Such license shall expire 60 days after the date of the next available examination required under subsection (4); however, the temporary license may be renewed one time under the same conditions as initial issuance. The fee for initial issuance or renewal of a temporary license under this subsection shall be set by rule of the licensing authority but may not exceed $200. The fee required in this subsection shall be nonrefundable and in addition to the fee required in subsection (1).

¹470.012  Registration of a funeral director intern.--

(1)  Any person desiring to become a funeral director intern shall make application to the department on forms provided by the department, together with a nonrefundable fee not to exceed $100. The application shall indicate the name and address of the licensed funeral director under whose supervision the intern will receive training and the name of the licensed funeral establishment where such training is to be conducted. The funeral director intern shall intern under the direct supervision of a licensed funeral director who has an active, valid license.

(2)  The board shall adopt rules establishing a funeral director internship program and criteria for funeral director intern training agencies and supervisors. Any funeral establishment where funeral directing is conducted may apply to the board for approval as a funeral director intern training agency.

(3)  A funeral establishment designated as a funeral director intern training agency may not exact a fee from any person obtaining intern training at such funeral establishment.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 20, ch. 91-137; s. 138, ch. 92-149; ss. 11, 122, ch. 93-399; s. 65, ch. 94-119; s. 80, ch. 2004-301.

¹Note.--Section 80, ch. 2004-301, renumbered s. 470.012 as s. 497.375 and amended the section, effective October 1, 2005, to read:

497.375  Funeral directing; licensure of a funeral director intern.--

(1)  Any person desiring to become a funeral director intern shall make application on forms as required by rule, together with a nonrefundable fee as determined by rule of the licensing authority but not to exceed $200. The application shall indicate the name and address of the licensed funeral director licensed under s. 497.373 or s. 497.374(1) under whose supervision the intern will receive training and the name of the licensed funeral establishment where such training is to be conducted. The funeral director intern shall intern under the direct supervision of a licensed funeral director who has an active, valid license under s. 497.373 or s. 497.374(1).

(2)  Rules shall be adopted establishing a funeral director internship program and criteria for funeral director intern training agencies and supervisors. Any funeral establishment where funeral directing is conducted may apply to the licensing authority for approval as a funeral director intern training agency.

(3)  A funeral establishment designated as a funeral director intern training agency may not exact a fee from any person obtaining intern training at such funeral establishment.

¹470.013  License as funeral director and embalmer permitted; display of license.--

(1)  Nothing in this chapter may be construed to prohibit a person from holding a license as an embalmer and a license as a funeral director at the same time.

(2)  The board shall adopt rules which require each license issued under this chapter to be displayed in such a manner as to make it visible to the public and to facilitate inspection by the department. However, each licensee shall permanently affix a recent photograph of the licensee to each displayed license issued to that licensee as a funeral director or embalmer.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 139, ch. 92-149; ss. 12, 122, ch. 93-399; s. 66, ch. 94-119; s. 81, ch. 2004-301.

¹Note.--Section 81, ch. 2004-301, renumbered s. 470.013 as s. 497.376 and amended the section, effective October 1, 2005, to read:

497.376  License as funeral director and embalmer permitted; display of license.--

(1)  Nothing in this chapter may be construed to prohibit a person from holding a license as an embalmer and a license as a funeral director at the same time.

(2)  There shall be adopted rules which require each license issued under this chapter to be displayed in such a manner as to make it visible to the public and to facilitate inspection by the licensing authority. However, each licensee shall permanently affix a recent photograph of the licensee to each displayed license issued to that licensee as a funeral director or embalmer.

¹470.014  Concurrent internships.--The internship requirement for embalmers and funeral directors may be served concurrently pursuant to rules adopted by the board.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 122, ch. 93-399; s. 82, ch. 2004-301.

¹Note.--Section 82, ch. 2004-301, renumbered s. 470.014 as s. 497.377 and amended the section, effective October 1, 2005, to read:

497.377  Concurrent internships.--The internship requirement for embalmers and funeral directors may be served concurrently pursuant to rules adopted by the licensing authority.

¹470.015  Renewal of funeral director and embalmer licenses.--

(1)  The department shall renew a funeral director or embalmer license upon receipt of the renewal application and fee set by the board not to exceed $250. The board may prescribe by rule continuing education requirements of up to 12 classroom hours and may by rule establish criteria for accepting alternative nonclassroom continuing education on an hour-for-hour basis, in addition to a board-approved course on communicable diseases that includes the course on human immunodeficiency virus and acquired immune deficiency syndrome required by s. 455.2226, for the renewal of a funeral director or embalmer license. The board may provide for the waiver of continuing education requirements in circumstances that would justify the waiver, such as hardship, disability, or illness. The continuing education requirement is not required after July 1, 1996, for a licensee who is over the age of 75 years if the licensee does not qualify as the sole person in charge of an establishment or facility.

(2)  The department shall adopt rules establishing a procedure for the biennial renewal of licenses.

(3)  The board shall adopt rules to establish requirements for the advertising of continuing education courses.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 13, 122, ch. 93-399; s. 209, ch. 94-119; s. 2, ch. 96-355; s. 5, ch. 98-298; s. 24, ch. 2000-356; s. 83, ch. 2004-301.

¹Note.--Section 83, ch. 2004-301, renumbered s. 470.015 as s. 497.378 and amended the section, effective October 1, 2005, to read:

497.378  Renewal of funeral director and embalmer licenses.--

(1)  There shall be renewed a funeral director or embalmer license upon receipt of the renewal application and fee set by the licensing authority not to exceed $250. The licensing authority may prescribe by rule continuing education requirements of up to 12 classroom hours and may by rule establish criteria for accepting alternative nonclassroom continuing education on an hour-for-hour basis, in addition to a licensing authority-approved course on communicable diseases that includes the course on human immunodeficiency virus and acquired immune deficiency syndrome required by s. 497.367, for the renewal of a funeral director or embalmer license. The rule may provide for the waiver of continuing education requirements in circumstances that would justify the waiver, such as hardship, disability, or illness. The continuing education requirement is not required after July 1, 1996, for a licensee who is over the age of 75 years if the licensee does not qualify as the sole person in charge of an establishment or facility.

(2)  The licensing authority shall adopt rules establishing a procedure for the biennial renewal of licenses.

(3)  The licensing authority shall adopt rules to establish requirements for the advertising of continuing education courses.

¹470.016  Inactive status.--

(1)  A funeral director or embalmer license that has become inactive may be reactivated under s. 470.015 upon application to the department. The board shall prescribe by rule continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license may not exceed 12 classroom hours, and the board may by rule establish criteria for accepting alternative nonclassroom continuing education on an hour-for-hour basis, in addition to a board-approved course on communicable diseases, for each year the license was inactive.

(2)  The board shall prescribe by rule an application fee for inactive status, a renewal fee for inactive status, a delinquency fee, and a fee for reactivation of a license. None of these fees may exceed the biennial renewal fee established by the board for an active license.

(3)  The department may not reactivate a license unless the inactive or delinquent licensee has paid any applicable biennial renewal or delinquency fee, or both, and a reactivation fee.

History.--ss. 1, 5, ch. 79-231; s. 337, ch. 81-259; ss. 2, 3, ch. 81-318; s. 103, ch. 83-329; s. 1, ch. 89-8; ss. 14, 122, ch. 93-399; s. 210, ch. 94-119; s. 25, ch. 2000-356; s. 1, ch. 2001-63; s. 84, ch. 2004-301.

¹Note.--Section 84, ch. 2004-301, renumbered s. 470.016 as s. 497.379 and amended the section, effective October 1, 2005, to read:

497.379  Inactive status.--

(1)  A funeral director or embalmer license that has become inactive may be reactivated under s. 497.378 upon application to the licensing authority. The licensing authority shall prescribe by rule continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license may not exceed 12 classroom hours, and the licensing authority may by rule establish criteria for accepting alternative nonclassroom continuing education on an hour-for-hour basis, in addition to a licensing authority-approved course on communicable diseases, for each year the license was inactive.

(2)  The licensing authority shall prescribe by rule an application fee for inactive status, a renewal fee for inactive status, a delinquency fee, and a fee for reactivation of a license. None of these fees may exceed the biennial renewal fee established by the licensing authority for an active license.

(3)  The licensing authority may not reactivate a license unless the inactive or delinquent licensee has paid any applicable biennial renewal or delinquency fee, or both, and a reactivation fee.

¹470.0165  Direct disposition; duties.--

(1)  Those individuals registered as direct disposers may perform only those functions set forth below:

(a)  Remove human remains from the place of death and store human remains in registered direct disposal establishments.

(b)  Secure pertinent information from the decedent's next of kin in order to complete the death certificate and to file for the necessary permits for direct disposition.

(c)  Obtain the necessary permits for direct disposition and arrange for obituaries and death notices to be placed in newspapers; provided, however, that the name of the direct disposal establishment may not appear in any death notice or obituary if any funeral service, memorial service, or graveside service is to take place and such service is mentioned in the death notice or obituary.

(d)  Refrigerate human remains prior to direct disposition and transport human remains to a direct disposal establishment for direct disposition.

(e)  Contract with a removal service or refrigeration facility to provide such services or facilities to a direct disposal establishment.

(2)  Direct disposers or funeral directors functioning as direct disposers may not, in their capacity as direct disposers, sell, conduct, or arrange for burials, funeral services, memorial services, visitations, or viewings; hold themselves out to the public as funeral directors; or use any name, title, or advertisement that may tend to connote that they are funeral directors. These prohibitions shall apply regardless of the fact that such individuals may be licensed as funeral directors.

(3)  Provided that direct disposers limit their activities to those functions set forth in subsection (1), those activities shall not be deemed to constitute funeral directing or embalming or the functions performed by a funeral director or embalmer as otherwise set forth in this chapter.

History.--s. 15, ch. 93-399; s. 67, ch. 94-119; s. 126, ch. 2004-301.

¹Note.--Section 126, ch. 2004-301, renumbered s. 470.0165 as s. 497.601 and amended the section, effective October 1, 2005, to read:

497.601  Direct disposition; duties.--

(1)  Those individuals licensed as direct disposers may perform only those functions set forth below:

(a)  Remove human remains from the place of death and store human remains in registered direct disposal establishments.

(b)  Secure pertinent information from the decedent's next of kin in order to complete the death certificate and to file for the necessary permits for direct disposition.

(c)  Obtain the necessary permits for direct disposition and arrange for obituaries and death notices to be placed in newspapers; provided, however, that the name of the direct disposal establishment may not appear in any death notice or obituary if any funeral service, memorial service, or graveside service is to take place and such service is mentioned in the death notice or obituary.

(d)  Refrigerate human remains prior to direct disposition and transport human remains to a direct disposal establishment for direct disposition.

(e)  Contract with a removal service or refrigeration facility to provide such services or facilities to a direct disposal establishment.

(2)  Direct disposers or funeral directors functioning as direct disposers may not, in their capacity as direct disposers, sell, conduct, or arrange for burials, funeral services, memorial services, visitations, or viewings; hold themselves out to the public as funeral directors; or use any name, title, or advertisement that may tend to connote that they are funeral directors. These prohibitions shall apply regardless of the fact that such individuals may be licensed as funeral directors.

(3)  Provided that direct disposers limit their activities to those functions set forth in subsection (1), those activities shall not be deemed to constitute funeral directing or embalming or the functions performed by a funeral director or embalmer as otherwise set forth in this chapter.

¹470.017  Registration as a direct disposer.--

(1)  Any person who is not a licensed funeral director and who engages in the practice of direct disposition shall be registered pursuant to this section as a direct disposer.

(2)  Any person who desires to be registered as a direct disposer shall file an application with the department on a form furnished by the department. The department shall register each applicant who has remitted a registration fee set by the department, not to exceed $200; has completed the application form and remitted a nonrefundable application fee set by the department, not to exceed $50; and meets the following requirements:

(a)  Is at least 18 years of age.

(b)  Is a high school graduate or equivalent.

(c)  Has no conviction or finding of guilt, and has never entered a plea of nolo contendere, regardless of adjudication, for a crime which directly relates to the functions and duties of a direct disposer or the practice of direct disposition.

(d)  Has received a passing grade in a college credit course in Florida mortuary law.

(e)  Has completed a board-approved course on communicable diseases.

(f)  Has passed an examination prepared by the department on the local, state, and federal laws and rules relating to the disposition of dead human bodies.

(3)  The board shall adopt rules which require each registration issued under this section to be displayed in such a manner as to make it visible to the public and to facilitate inspection by the department. However, each registrant shall permanently affix a recent photograph of the registrant to each displayed registration issued to that registrant as a direct disposer.

(4)  Notwithstanding the provisions of paragraph (2)(b), any person may be registered as a direct disposer who has attained at least 5 years of continuous experience as a cinerator facility operator, applied to the board by October 1, 1994, and has otherwise met the requirements of subsection (2). Proof of the necessary experience may be required by the board by rule.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 16, 122, ch. 93-399; s. 68, ch. 94-119; s. 127, ch. 2004-301.

¹Note.--Section 127, ch. 2004-301, renumbered s. 470.017 as s. 497.602 and amended the section, effective October 1, 2005, to read:

497.602  Direct disposers, license required; licensing procedures and criteria; regulation.--

(1)  LICENSE REQUIRED.--Any person who is not a licensed funeral director and who engages in the practice of direct disposition must be licensed pursuant to this section as a direct disposer.

(2)  APPLICATION PROCEDURES.--

(a)  A person seeking licensure as a direct disposer shall apply for such licensure using forms prescribed by rule.

(b)  The application shall require the name, residence address, date and place of birth, and social security number of the applicant.

(c)  The application may require information as to the educational and employment history of the applicant.

(d)  The application shall require the applicant to disclose whether the applicant has ever been convicted or found guilty of, or entered a plea of no contest to, regardless of adjudication, any crime in any jurisdiction.

(e)  The application shall require the applicant to disclose whether the applicant has ever had a license or the authority to practice a profession or occupation refused, suspended, fined, denied, or otherwise acted against or disciplined by the licensing authority of any jurisdiction. A licensing authority's acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license.

(f)  The application shall require the applicant to provide fingerprints in accordance with part I of this chapter.

(g)  The application shall require the applicant to demonstrate that the applicant does, or will before commencing operations under the license, comply with all requirements of this chapter relating to the licensure applied for.

(h)  The application shall be signed by the applicant.

(i)  The application shall be accompanied by a nonrefundable fee of $300. The licensing authority may from time to time increase the fee by rule but not to exceed more than $500.

(3)  ACTION CONCERNING APPLICATIONS.--A duly completed application for licensure under this section, accompanied by the required fees, shall be approved if the licensing authority determines that the following conditions are met:

(a)  The applicant is a natural person at least 18 years of age and a high school graduate or equivalent.

(b)  The applicant has taken and received a passing grade in a college credit course in Florida mortuary law.

(c)  The applicant has completed a course on communicable diseases approved by the licensing authority.

(d)  The applicant has passed an examination prepared by the department on the local, state, and federal laws and rules relating to the disposition of dead human bodies.

(e)  The applicant does or will prior to commencing operations under the license comply with all requirements of this chapter relating to the license applied for.

(f)  The applicant is of good character and has no demonstrated history of lack of trustworthiness or integrity in business or professional matters.

(4)  ISSUANCE OF LICENSE.--Upon approval of the application by the licensing authority, the license shall be issued.

(5)  DISPLAY OF LICENSE.--There shall be adopted rules which require each license issued under this section to be displayed in such a manner as to make it visible to the public and to facilitate inspection by the department. Each licensee shall permanently affix a recent photograph of the licensee to each displayed license issued to that licensee as a direct disposer.

¹470.018  Renewal of registration of direct disposer.--

(1)  The department shall renew a registration upon receipt of the renewal application and fee set by the department not to exceed $250.

(2)  The department shall adopt rules establishing a procedure for the biennial renewal of registrations. The board shall prescribe by rule continuing education requirements of up to 3 classroom hours and may by rule establish criteria for accepting alternative nonclassroom continuing education on an hour-for-hour basis, in addition to a board-approved course on communicable diseases that includes the course on human immunodeficiency virus and acquired immune deficiency syndrome required by s. 455.2226, for the renewal of a registration.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 17, 122, ch. 93-399; s. 211, ch. 94-119; s. 6, ch. 98-298; s. 27, ch. 2000-356; s. 128, ch. 2004-301.

¹Note.--Section 128, ch. 2004-301, renumbered s. 470.018 as s. 497.603 and amended the section, effective October 1, 2005, to read:

497.603  Direct disposers, renewal of license.--

(1)  ²A direct disposer's license shall be renewed upon receipt of the renewal application and fee set by rule of the licensing authority but not to exceed $250.

(2)  There shall be adopted rules establishing a schedule and forms and procedure for the biennial renewal of licenses as direct disposers. There shall be adopted by rule continuing education requirements of up to 6 classroom hours and there may by rule be established criteria for accepting alternative nonclassroom continuing education on an hour-for-hour basis, in addition to an approved course on communicable diseases that includes the course on human immunodeficiency virus and acquired immune deficiency syndrome required by s. 497.367, for the renewal of a license as a direct disposer.

²Note.--This sentence was edited for clarity. As amended by s. 128, ch. 2004-301, it reads: "A direct disposer's renewal of license upon receipt of the renewal application and fee set by rule of the licensing authority but not to exceed $250."

¹470.019  Disciplinary actions against direct disposers and direct disposal establishments.--

(1)  When the board finds any person guilty of any of the grounds set forth in subsection (2), it may enter an order imposing one or more of the following penalties:

(a)  Deny an application for registration as a direct disposer or direct disposal establishment.

(b)  Permanently revoke the registration of a direct disposer or direct disposal establishment.

(c)  Suspend the registration of a direct disposer or direct disposal establishment.

(d)  Impose an administrative fine, not to exceed $5,000, for each count or separate offense.

(e)  Issue a public reprimand.

(f)  Place the registrant on probation, subject to such conditions as the department may specify, including requiring the registrant to attend continuing education courses or work under the supervision of another registrant.

(g)  Assess the costs associated with investigation and prosecution.

(2)  The following shall be sufficient grounds for the penalties imposed under subsection (1):

(a)  Procuring or attempting to procure a registration by bribery, by fraudulent misrepresentations, or through an error of the department or board.

(b)  Having been convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the practice of direct disposition or the ability to practice direct disposition.

(c)  Having been disciplined by a regulatory agency in any jurisdiction for any offense that would constitute a violation of this chapter, chapter 382, chapter 406, chapter 497, or chapter 872 or that directly relates to the practice of direct disposition.

(d)  Misrepresentation or fraud in the conduct of the business of a direct disposer or direct disposal establishment.

(e)  Making any false or misleading statement, oral or written, directly or indirectly, regarding any law or rule pertaining to the preparation for disposition, transportation for disposition, or disposition of dead human bodies.

(f)  Paying to or receiving from any organization, agency, or person, either directly or indirectly, any commission, bonus, kickback, or rebate in any form whatsoever for direct disposing business, by the registrant or her or his agent, assistant, or employee; however, this provision shall not prohibit the payment of commissions by a direct disposer to her or his agents registered pursuant to s. 497.439 or to registrants under this section.

(g)  Aiding or abetting an unregistered person to engage in the disposition of dead human bodies or remains as provided under this chapter or to engage in conduct or activities for which a license to engage in the profession of funeral directing or embalming is required.

(h)  Violation of any state law or rule or any municipal or county ordinance or regulation affecting the handling, custody, care, or transportation of dead human bodies.

(i)  Refusing to surrender promptly the custody of a dead human body upon the expressed order of the person legally authorized to its custody; however, this provision shall be subject to any state or local laws or rules governing custody or transportation of dead human bodies.

(j)  Taking possession of a dead human body without first having obtained written or oral permission from a legally authorized person. If oral permission is granted, the registrant must obtain written permission within a reasonable time as established by board rule.

(k)  Requiring that a casket be purchased for cremation or claiming directly or by implication that a casket is required for cremation.

(l)  Advertising goods and services in a manner which is fraudulent, deceptive, or misleading in form or content.

(m)  Violating a statute or administrative rule regulating practice under this chapter or a lawful disciplinary order of the board or the department.

(n)  Practicing with a revoked, suspended, inactive, or delinquent registration.

(o)  Soliciting by the registrant, or by her or his agent, assistant, or employee, through the use of fraud, undue influence, intimidation, overreaching, or other form of vexatious conduct.

(p)  Fraud or deceit in the practice of direct disposition.

(q)  Making or filing a report or record which the registrant knows to be false, intentionally or negligently failing to file a report or record required by state, local, or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those which are signed in the capacity of a registered direct disposer.

(r)  Engaging in the practice of direct burial or offering at-need or preneed service of direct burial.

(3)  The department shall reissue the suspended registration of a disciplined registrant upon certification by the board or its agent that the disciplined registrant has complied with all of the terms and conditions set forth in the final order; however, revocation of a registration is permanent.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 18, ch. 83-316; s. 1, ch. 87-228; s. 1, ch. 89-8; ss. 18, 122, ch. 93-399; s. 69, ch. 94-119; s. 318, ch. 97-103; s. 57, ch. 2003-1; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.0201  Health and safety education.--All individuals not licensed by the department who intend to be employed as operational personnel affiliated with a direct disposal establishment, cinerator facility, removal service, refrigeration facility, or centralized embalming facility, as well as all nonlicensed individuals who intend to be involved in the removal or transportation of human remains on behalf of a funeral establishment, direct disposal establishment, or cinerator facility shall complete one course approved by the board on communicable diseases, within 10 days after the date that they begin functioning as operational personnel on behalf of any entity that is regulated by this chapter. The course shall not exceed 3 hours and shall be offered at approved locations throughout the state. Such locations may include establishments that are licensed or registered under this chapter. The board shall adopt rules to implement and enforce this provision, which rules shall include provisions that provide for the use of approved videocassette courses and other types of audio, video, or home study courses to fulfill the continuing education requirements of this section.

History.--s. 19, ch. 93-399; s. 70, ch. 94-119; s. 3, ch. 96-355; s. 32, ch. 2004-301.

¹Note.--Section 32, ch. 2004-301, renumbered s. 470.0201 as s. 497.162 and amended the section, effective October 1, 2005, to read:

497.162  Health and safety education.--All individuals not licensed under this chapter who intend to be employed as operational personnel affiliated with a direct disposal establishment, cinerator facility, removal service, refrigeration facility, or centralized embalming facility, as well as all nonlicensed individuals who intend to be involved in the removal or transportation of human remains on behalf of a funeral establishment, direct disposal establishment, or cinerator facility shall complete one course approved by the licensing authority on communicable diseases, within 10 days after the date that they begin functioning as operational personnel on behalf of any entity that is regulated by this chapter. The course shall not exceed 3 hours and shall be offered at approved locations throughout the state. Such locations may include establishments that are licensed under this chapter. The licensing authority shall adopt rules to implement and enforce this provision, which rules shall include provisions that provide for the use of approved videocassette courses and other types of audio, video, or home study courses to fulfill the continuing education requirements of this section.

¹470.021  Direct disposal establishment; standards and location; registration.--

(1)  A direct disposer shall practice at a direct disposal establishment which has been registered with the department and which may be a cinerator facility licensed under s. 470.025. The board shall establish by rule standards for direct disposal establishments, including, but not limited to, requirements for refrigeration and storage of dead human bodies.

(2)  The practice of direct disposition must be engaged in at a fixed location. No person may open or maintain an establishment at which to engage in or hold himself or herself out as engaging in the practice of direct disposition unless such establishment is registered with the board. Any change in location of such establishment shall be reported promptly to the board as prescribed by rule of the board.

(3)  An application for a direct disposal establishment registration shall be made on a form furnished by the department, shall include the name of the registered direct disposer or licensed funeral director acting as a direct disposer who is in charge of that establishment, and shall be accompanied by a nonrefundable fee not to exceed $300 as set by the department.

(4)  A direct disposal establishment registration shall be renewed biennially pursuant to procedures and upon payment of a fee not to exceed $300 as set by the board. The board may also establish by rule a delinquency fee not to exceed $50. Any direct disposal establishment registration not renewed within 30 days shall expire without further action by the department or the board.

(5)(a)  Each direct disposal establishment shall at all times be subject to the inspection of all its buildings, grounds, and vehicles used in the conduct of its business, by the department, the Department of Health, and local government inspectors and by their agents. The board shall adopt rules which establish such inspection requirements.

(b)  The board shall set by rule an annual inspection fee not to exceed $100, payable upon application for registration and upon each renewal of such registration.

(6)  Each application for a direct disposal establishment registration must identify every person with the ability to direct the management or policies of the establishment and must identify every person having more than a 10-percent ownership interest in the establishment or the business or corporation which owns the establishment. The board may deny, suspend, or revoke the registration if any person identified in the application has ever been disciplined by a regulatory agency in any jurisdiction for any offense that would constitute a violation of this chapter. The board may deny, suspend, or revoke the registration if any person identified in the application has ever been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the ability to operate a direct disposal establishment.

(7)  Each direct disposal establishment must display at the public entrance the name of the establishment and the name of the direct disposer or licensed funeral director acting as a direct disposer responsible for that establishment. A direct disposal establishment must transact its business under the name by which it is registered.

(8)  Each direct disposal establishment must notify the board in writing prior to any change in ownership, name, or registered person in charge.

(9)  Each registered direct disposal establishment shall have one full-time registered direct disposer or licensed funeral director acting as a direct disposer in charge and reasonably available to the public during normal business hours for that establishment. Such person may be in charge of only one facility.

(10)  A direct disposal establishment may not be operated at the same location as any other direct disposal establishment or funeral establishment unless such establishments were licensed as colocated establishments on July 1, 2000.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; ss. 13, 43, ch. 82-179; s. 1, ch. 89-8; s. 45, ch. 89-162; s. 23, ch. 89-374; ss. 20, 122, ch. 93-399; s. 71, ch. 94-119; s. 319, ch. 97-103; s. 229, ch. 99-8; s. 28, ch. 2000-356; s. 129, ch. 2004-301.

¹Note.--Section 129, ch. 2004-301, renumbered s. 470.021 as s. 497.604 and amended the section, effective October 1, 2005, to read:

497.604  Direct disposal establishments, license required; licensing procedures and criteria; license renewal; regulation.--

(1)  LICENSE REQUIRED.--A direct disposer shall practice at a direct disposal establishment which has been licensed under this section and which may be a cinerator facility licensed under s. 497.606. No person may open or maintain an establishment at which to engage in or hold herself or himself out as engaging in the practice of direct disposition unless such establishment is licensed pursuant to this section.

(2)  APPLICATION PROCEDURES.--

(a)  A person seeking licensure as a direct disposal establishment shall apply for such licensure using forms prescribed by rule.

(b)  The application shall require the name, business address, residence address, date and place of birth or incorporation, and business phone number, of the applicant and all principals of the applicant. The application shall require the applicant's social security number or, if the applicant is an entity, its federal tax identification number.

(c)  The application shall name the licensed direct disposer or licensed funeral director who will ²be acting as a direct disposer in charge of the direct disposal establishment.

(d)  The application may require information as to the applicant's financial resources.

(e)  The application may require information as to the educational and employment history of an individual applicant; and as to applicants that are not natural persons, the business and employment history of the applicant and principals of the applicant.

(f)  The application shall require the applicant to disclose whether the applicant or any of the applicant's principals including its proposed supervising licensee has ever been convicted or found guilty of, or entered a plea of no contest to, regardless of adjudication, any crime in any jurisdiction.

(g)  The application shall require the applicant to disclose whether the applicant or any of the applicant's principals including its proposed supervising licensee has ever had a license or the authority to practice a profession or occupation refused, suspended, fined, denied, or otherwise acted against or disciplined by the licensing authority of any jurisdiction. A licensing authority's acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license.

(h)  The application shall require the applicant and its principals to provide fingerprints in accordance with part I of this chapter.

(i)  The application shall require the applicant to demonstrate that the applicant does, or will before commencing operations under the license, comply with all requirements of this chapter relating to the licensure applied for.

(j)  The application shall be signed by the applicant if a natural person or by the president of an applicant that is not a natural person.

(k)  The application shall be accompanied by a nonrefundable fee of $300. The licensing authority may from time to time by rule increase the fee but not to exceed $500.

(3)  ACTION CONCERNING APPLICATIONS.--A duly completed application for licensure under this section, accompanied by the required fee, shall be approved if the licensing authority determines that the following conditions are met:

(a)  The applicant is a natural person at least 18 years of age, a corporation, a partnership, or a limited liability company formed prior to January 1, 2006, which limited liability company already holds a license under this chapter.

(b)  The applicant does or will prior to commencing operations under the license comply with all requirements of this chapter relating to the license applied for.

(c)  The applicant and the applicant's principals are of good character and have no demonstrated history of lack of trustworthiness or integrity in business or professional matters.

(4)  ISSUANCE OF LICENSE.--Upon approval of the application by the licensing authority, the license shall be issued.

(5)  PROBATIONARY STATUS.--It is the policy of this state to encourage competition for the public benefit in the direct disposal establishment business by, among other means, the entry of new licensees into that business. To facilitate issuance of licenses concerning applications judged by the licensing authority to be borderline as to qualification for licensure, the licensing authority may issue a new license under this section on a probationary basis, subject to conditions specified by the licensing authority on a case-by-case basis, which conditions may impose special monitoring, reporting, and restrictions on operations for up to the first 24 months of licensure, to ensure the licensee's responsibleness, competency, financial stability, and compliance with this chapter. However, no such probationary license shall be issued unless the licensing authority determines that issuance would not pose an unreasonable risk to the public, and the licensing authority must within 24 months after issuance of the license either remove the probationary status or determine that the licensee is not qualified for licensure under this chapter and institute proceedings for revocation of licensure.

(6)  RENEWAL OF LICENSE.--A direct disposal establishment license shall be renewed biennially pursuant to schedule, forms, ³and procedures and upon payment of a fee of $200. The licensing authority may from time to time increase the fee by rule but not to exceed $400.

(7)  CHANGES SUBSEQUENT TO LICENSURE.--Each licensee under this section must provide notice as required by rule prior to any change in location or control of the licensee or licensed person in charge of the licensee's operations. Any such change is subject to disapproval or to reasonable conditions imposed by the licensing authority, for the protection of the public to ensure compliance with this chapter.

(8)  SUPERVISION OF FACILITIES.--Each direct disposal establishment shall have one full-time licensed direct disposer or licensed funeral director acting as a direct disposer in charge and reasonably available to the public during normal business hours for that establishment. Such person may be in charge of only one facility. Such licensed funeral director or licensed direct disposer shall be responsible for making sure the facility, its operations, and all persons employed in the facility comply with all applicable state and federal laws and rules.

(9)  REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS.--

(a)  There shall be established by rule standards for direct disposal establishments, including, but not limited to, requirements for refrigeration and storage of dead human bodies.

(b)  The practice of direct disposition must be engaged in at a fixed location of at least 625 interior contiguous square feet and must maintain or make arrangements for suitable capacity for the refrigeration and storage of dead human bodies handled and stored by the establishment.

(c)  Each direct disposal establishment shall at all times be subject to the inspection of all its buildings, grounds, and vehicles used in the conduct of its business, by the department, the Department of Health, and local government inspectors and by their agents. There shall be adopted rules which establish such inspection requirements. There shall be adopted by rule of the licensing authority an annual inspection fee not to exceed $300, payable upon issuance of license and upon each renewal of such license.

(d)  Each direct disposal establishment must display at the public entrance the name of the establishment and the name of the direct disposer or licensed funeral director acting as a direct disposer responsible for that establishment. A direct disposal establishment must transact its business under the name by which it is licensed.

(e)  A direct disposal establishment may not be operated at the same location as any other direct disposal establishment or funeral establishment unless such establishments were licensed as colocated establishments on July 1, 2000.

²Note.--The word "be" was inserted by the editors.

³Note.--The word "and" was inserted by the editors.

¹470.022  Direct disposition not funeral directing.--The duties, functions, and services performed by a direct disposer registrant, as provided by this chapter, shall not be deemed to constitute funeral directing or embalming or the duties, functions, or services performed by a funeral director or embalmer as otherwise defined and provided by this chapter.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 122, ch. 93-399; s. 130, ch. 2004-301.

¹Note.--Section 130, ch. 2004-301, renumbered s. 470.022 as s. 497.605 and amended the section, effective October 1, 2005, to read:

497.605  Direct disposition not funeral directing.--The duties, functions, and services performed by a direct disposer licensee, as provided by this chapter, shall not be deemed to constitute funeral directing or embalming or the duties, functions, or services performed by a funeral director or embalmer as otherwise defined and provided by this chapter.

¹470.023  Practice of direct disposition without registration.--Any person, except for a licensed funeral director, who, without registration, holds herself or himself out as a direct disposer or engages in direct disposition commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 101, ch. 91-224; ss. 22, 122, ch. 93-399; s. 320, ch. 97-103; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.024  Funeral establishment; licensure.--

(1)  A funeral establishment shall be a place at a specific street address or location consisting of at least 1,250 contiguous interior square feet and must maintain or make arrangements for either suitable capacity for the refrigeration and storage of dead human bodies handled and stored by the establishment or a preparation room equipped with necessary ventilation and drainage and containing necessary instruments for embalming dead human bodies.

(2)  Each licensed funeral establishment may operate a visitation chapel at a separate location within the county in which the funeral establishment is located. A visitation chapel must be a facility of not less than 500 square feet and not more than 700 square feet and may be operated only when a licensed funeral director is present at the facility. A visitation chapel may be used only for visitation of a deceased human body and may not be used for any other activity permitted by this chapter.

(3)  No person may conduct, maintain, manage, or operate a funeral establishment unless an establishment operating license has been issued by the department for that funeral establishment.

(4)  Application for a funeral establishment license shall be made on forms furnished by the department, shall be accompanied by a nonrefundable fee not to exceed $300 as set by board rule, and shall include the name of the licensed funeral director who is in charge of that establishment.

(5)  A funeral establishment license shall be renewable biennially pursuant to procedures, and upon payment of a nonrefundable fee not to exceed $300, as set by board rule. The board may also establish by rule a delinquency fee not to exceed $50.

(6)  The practice of embalming done at a funeral establishment shall only be practiced by an embalmer licensed under this chapter.

(7)  Each licensed funeral establishment shall have one full-time funeral director in charge and shall have a licensed funeral director reasonably available to the public during normal business hours for that establishment. The full-time funeral director in charge must have an active license and may not be the full-time funeral director in charge of any other funeral establishment or of any other direct disposal establishment.

(8)  The issuance of a license to operate a funeral establishment to a person or entity who is not individually licensed as a funeral director does not entitle the person to practice funeral directing.

(9)  Each funeral establishment located at a specific address shall be deemed to be a separate entity and shall require separate licensing and compliance with the requirements of this chapter. A funeral establishment may not be operated at the same location as any other funeral establishment or direct disposal establishment unless such establishments were licensed as colocated establishments on October 1, 1993.

(10)  Every funeral establishment licensed under this chapter shall at all times be subject to the inspection of all its buildings, grounds, and vehicles used in the conduct of its business, by the department or any of its designated representatives or agents, or local or Department of Health inspectors. The board shall by rule establish requirements for inspection of funeral establishments.

(11)  The board shall set by rule an annual inspection fee not to exceed $100, payable upon application for licensure and upon each renewal of such license.

(12)  A change in ownership of a funeral establishment shall be promptly reported to the department and shall require the relicensure of the funeral establishment, including reinspection and payment of applicable fees.

(13)  Each application for a funeral establishment license shall identify every person with the ability to direct the management or policies of the establishment and must identify every person having more than a 10-percent ownership interest in the establishment or the business or corporation which owns the establishment. The board may deny, suspend, or revoke the license if any person identified in the application has ever been disciplined by a regulatory agency in any jurisdiction for any offense that would constitute a violation of this chapter. The board may deny, suspend, or revoke the license if any person identified in the application has ever been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the ability to operate a funeral establishment.

(14)  Each funeral establishment must display at the public entrance the name of the establishment and the name of the full-time funeral director in charge. A funeral establishment must transact its business under the name by which it is licensed.

History.--ss. 1, 5, ch. 79-231; s. 338, ch. 81-259; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 46, ch. 89-162; s. 24, ch. 89-374; s. 21, ch. 91-137; ss. 23, 122, ch. 93-399; s. 72, ch. 94-119; s. 4, ch. 96-355; s. 7, ch. 98-298; s. 85, ch. 2004-301.

¹Note.--Section 85, ch. 2004-301, renumbered s. 470.024 as s. 497.380 and amended the section, effective October 1, 2005, to read:

497.380  Funeral establishment; licensure.--

(1)  A funeral establishment shall be a place at a specific street address or location consisting of at least 1,250 contiguous interior square feet and must maintain or make arrangements for either capacity for the refrigeration and storage of dead human bodies handled and stored by the establishment and a preparation room equipped with necessary ventilation and drainage and containing necessary instruments for embalming dead human bodies or must make arrangements for a preparation room as established by rule.

(2)  Each licensed funeral establishment may operate a visitation chapel at a separate location within the county in which the funeral establishment is located. A visitation chapel must be a facility of not less than 500 square feet and not more than 700 square feet and may be operated only when a licensed funeral director is present at the facility. A visitation chapel may be used only for visitation of a deceased human body and may not be used for any other activity permitted by this chapter.

(3)  No person may conduct, maintain, manage, or operate a funeral establishment unless a funeral establishment operating license has been issued under this chapter for that funeral establishment.

(4)  Application for a funeral establishment license shall be made on forms and pursuant to procedures specified by rule, shall be accompanied by a nonrefundable fee not to exceed $300 as set by licensing authority rule, and shall include the name of the licensed funeral director who is in charge of that establishment.

(5)  A funeral establishment license shall be renewable biennially pursuant to procedures, and upon payment of a nonrefundable fee not to exceed $300, as set by licensing authority rule. The licensing authority may also establish by rule a delinquency fee not to exceed $50 per day.

(6)  The practice of embalming done at a funeral establishment shall only be practiced by an embalmer licensed under this chapter.

(7)  Each licensed funeral establishment shall have one full-time funeral director in charge and shall have a licensed funeral director reasonably available to the public during normal business hours for that establishment. The full-time funeral director in charge must have an active license and may not be the full-time funeral director in charge of any other funeral establishment or of any other direct disposal establishment.

(8)  The issuance of a license to operate a funeral establishment to a person or entity who is not individually licensed as a funeral director does not entitle the person to practice funeral directing.

(9)  Each funeral establishment located at a specific address shall be deemed to be a separate entity and shall require separate licensing and compliance with the requirements of this chapter. A funeral establishment may not be operated at the same location as any other funeral establishment or direct disposal establishment unless such establishments were licensed as colocated establishments on October 1, 1993.

(10)  Every funeral establishment licensed under this chapter shall at all times be subject to the inspection of all its buildings, grounds, and vehicles used in the conduct of its business, by the department or any of its designated representatives or agents, or local or Department of Health inspectors. The licensing authority shall by rule establish requirements for inspection of funeral establishments.

(11)  The licensing authority shall set by rule an annual inspection fee not to exceed $300, payable upon application for licensure and upon each renewal of such license.

(12)  A change in ownership of a funeral establishment shall be promptly reported pursuant to procedures established by rule and shall require the relicensure of the funeral establishment, including reinspection and payment of applicable fees.

(13)  Each application for a funeral establishment license shall identify every person with the ability to direct the management or policies of the establishment and must identify every person having more than a 10-percent ownership interest in the establishment or the business or corporation which owns the establishment. The licensing authority may deny, suspend, or revoke the license if any person identified in the application has been or thereafter is disciplined by a regulatory agency in any jurisdiction for any offense that would constitute a violation of this chapter. The licensing authority may deny, suspend, or revoke the license if any person identified in the application has ever been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the ability to operate a funeral establishment.

(14)  Each funeral establishment must display at the public entrance the name of the establishment and the name of the full-time funeral director in charge. A funeral establishment must transact its business under the name by which it is licensed.

¹470.025  Cinerator facility; licensure.--

(1)  No person may conduct, maintain, manage, or operate a cinerator facility unless a license for such facility has been issued by the department.

(2)  Application for licensure of cinerator facilities shall be on a form furnished and prescribed by the department and shall be accompanied by a nonrefundable license fee of up to $300 as set by board rule. No license may be issued unless the cinerator facility has been inspected and approved as meeting all requirements as set forth by the department, the Department of Health, the Department of Environmental Protection, or any local ordinance regulating the same. The board shall establish by rule standards for cinerator facilities, including, but not limited to, requirements for refrigeration and storage of dead human bodies, use of forms and contracts, and record retention.

(3)  Licenses shall be renewed biennially in accordance with a schedule established by the department. The nonrefundable biennial renewal fee shall be up to $300 as set by board rule. The board may also establish by rule a delinquency fee not to exceed $50. Any cinerator facility license not renewed within 30 days shall expire without further action by the department or the board.

(4)  A change in ownership of a cinerator facility shall be promptly reported to the department and may require the relicensure of the cinerator facility, including reinspection and payment of applicable fees.

(5)  The board shall adopt rules requiring each facility to submit periodic reports to the department which include the names of persons cremated, the date and county of death, the name of each person supervising each cremation, the name and license number of the establishment requesting cremation, and the types of containers used to hold the body during cremation.

(6)  No more than one dead human body may be placed in a retort at one time, unless written permission has been received from a legally authorized person for each body.

(7)(a)  Each cinerator facility shall at all times be subject to the inspection of all its buildings, grounds, and vehicles used in the conduct of its business, by the department, the Department of Environmental Protection, the Department of Health, and local government inspectors and by their agents. The board shall adopt rules which establish such inspection requirements.

(b)  The board shall set by rule an annual inspection fee not to exceed $100, payable upon application for licensure and upon each renewal of such license.

(8)  A cinerator facility licensed under this section shall only receive dead human bodies for cremation. A cinerator facility may not receive other materials, such as medical, hazardous, and biohazardous waste, for the purpose of disposal in a retort.

(9)  Each cinerator facility shall be under the general supervision of a licensed funeral director or registered direct disposer who shall be responsible for making sure the facility, its operations, and all persons employed in the facility comply with all applicable state and federal laws and rules.

(10)  Each application for a cinerator facility license must identify every person with the ability to direct the management or policies of the facility and must identify every person having more than a 10-percent ownership interest in the facility or the business or corporation which owns the facility. The board may deny, suspend, or revoke the license if any person identified in the application has ever been disciplined by a regulatory agency in any jurisdiction for any offense that would constitute a violation of this chapter. The board may deny, suspend, or revoke the license if any person identified in the application has ever been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the ability to operate a cinerator facility.

(11)  Each cinerator facility must display at the public entrance the name of the facility and the name of the funeral director or direct disposer responsible for that facility. A cinerator facility must transact its business under the name by which it is licensed.

(12)  A cinerator facility located at the same address as a funeral establishment may not have a direct disposer as its individual in charge.

(13)  A cinerator facility shall not place human remains in a retort unless the human remains are in an alternative container or casket. Human remains may be transported or stored if they are completely covered, and at all times treated with dignity and respect. None of the provisions contained in this subsection require the purchase of a casket for cremation. This subsection applies to at-need contracts and preneed contracts entered into pursuant to chapter 497 after June 1, 1996.

(14)  Each cinerator facility shall ensure that all alternative containers or caskets used for cremation contain no amount of chlorinated plastics not authorized by the Department of Environmental Protection, that they also are composed of readily combustible materials suitable for cremation, able to be closed to provide a complete covering for the human remains, resistant to leakage or spillage, rigid enough for handling with ease, and able to provide for the health, safety, and personal integrity of the public and crematory personnel.

(15)  The board shall adopt, by rule, criteria for acceptable alternative containers.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 47, ch. 89-162; s. 25, ch. 89-374; s. 22, ch. 91-137; s. 140, ch. 92-149; ss. 24, 122, ch. 93-399; s. 73, ch. 94-119; s. 456, ch. 94-356; s. 5, ch. 96-355; s. 230, ch. 99-8; s. 131, ch. 2004-301.

¹Note.--Section 131, ch. 2004-301, renumbered s. 470.025 as s. 497.606 and amended the section, effective October 1, 2005, to read:

497.606  Cinerator facility, licensure required; licensing procedures and criteria; license renewal; regulation.--

(1)  LICENSE REQUIRED.--No person may conduct, maintain, manage, or operate a cinerator facility unless a license for such facility has been issued and is in good standing under this section.

(2)  APPLICATION PROCEDURES.--

(a)  A person seeking licensure as a cinerator facility shall apply for such licensure using forms prescribed by rule.

(b)  The application shall require the name, business address, residence address, date and place of birth or incorporation, and business phone number, of the applicant and all principals of the applicant. The application shall require the applicant's social security number or, if the applicant is an entity, its federal tax identification number.

(c)  The application shall name the licensed funeral director or licensed direct disposer who will be in charge of the cinerator facility.

(d)  The application may require information as to the applicant's financial resources.

(e)  The application may require information as to the educational and employment history of an individual applicant, and as to applicants that are not natural persons, the business and employment history of the applicant and principals of the applicant.

(f)  The application shall require the applicant to disclose whether the applicant or any of the applicant's principals including its proposed supervising licensee has ever been convicted or found guilty of, or entered a plea of no contest to, regardless of adjudication, any crime in any jurisdiction.

(g)  The application shall require the applicant to disclose whether the applicant or any of the applicant's principals including its proposed supervising licensee has ever had a license or the authority to practice a profession or occupation refused, suspended, fined, denied, or otherwise acted against or disciplined by the licensing authority of any jurisdiction. A licensing authority's acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license.

(h)  The application shall require the applicant and its principals to provide fingerprints in accordance with part I of this chapter.

(i)  The application shall require the applicant to demonstrate that the applicant does, or will before commencing operations under the license, comply with all requirements of this chapter relating to the licensure applied for.

(j)  The application shall be signed by the applicant if a natural person or by the president of an applicant that is not a natural person.

(k)  The application shall be accompanied by a nonrefundable fee of $300. The licensing authority may from time to time increase the fee by rule but not to exceed $500.

(3)  ACTION CONCERNING APPLICATIONS.--A duly completed application for licensure under this section, accompanied by the required fee, shall be approved if the licensing authority determines that the following conditions are met:

(a)  No license may be issued unless the cinerator facility has been inspected and approved as meeting all requirements as set forth by the department, the Department of Health, the Department of Environmental Protection, or any local ordinance regulating the facility.

(b)  The applicant is a natural person at least 18 years of age, a corporation, a partnership, or a limited liability company formed prior to January 1, 2006, which limited liability company already holds a license under this chapter.

(c)  The applicant does or will prior to commencing operations under the license comply with all requirements of this chapter relating to the license applied for.

(d)  The applicant and the applicant's principals are of good character and have no demonstrated history of lack of trustworthiness or integrity in business or professional matters.

(4)  PROBATIONARY STATUS.--It is the policy of this state to encourage competition for the public benefit in the cinerator facility business by, among other means, the entry of new licensees into that business. To facilitate issuance of licenses concerning applications judged by the licensing authority to be borderline as to qualification for licensure, the licensing authority may issue a new license under this section on a probationary basis, subject to conditions specified by the licensing authority on a case-by-case basis, which conditions may impose special monitoring, reporting, and restrictions on operations for up to the first 24 months of licensure, to ensure the licensee's responsibleness, competency, financial stability, and compliance with this chapter. Provided, no such probationary license shall be issued unless the licensing authority determines that issuance would not pose an unreasonable risk to the public, and the licensing authority must within 24 months after issuance of the license either remove the probationary status or determine that the licensee is not qualified for licensure under this chapter and institute proceedings for revocation of licensure.

(5)  ISSUANCE OF LICENSE.--Upon approval of the application by the licensing authority, the license shall be issued.

(6)  RENEWAL OF LICENSE.--Licenses under this section shall be renewed biennially in accordance with a schedule, forms, and procedures established by rule. The nonrefundable and nonproratable biennial renewal fee shall be as determined by licensing authority rule but not to exceed $500.

(7)  CHANGES SUBSEQUENT TO LICENSURE.--Each licensee under this section must provide notice as required by rule prior to any change in location, control, or licensed person in charge. Any such change is subject to disapproval or to reasonable conditions imposed by the licensing authority, for the protection of the public to ensure compliance with this chapter.

(8)  SUPERVISION OF FACILITIES.--Each cinerator facility shall have one full-time licensed direct disposer or licensed funeral director in charge for that facility. Such person may be in charge of only one facility. Such licensed funeral director or licensed direct disposer shall be responsible for making sure the facility, its operations, and all persons employed in the facility comply with all applicable state and federal laws and rules.

(9)  REGULATION OF CINERATOR FACILITIES.--

(a)  There shall be established by rule standards for cinerator facilities, including, but not limited to, requirements for refrigeration and storage of dead human bodies, use of forms and contracts, and record retention.

(b)  No more than one dead human body may be placed in a retort at one time, unless written permission has been received from a legally authorized person for each body. The operator of a cinerator facility shall be entitled to rely on the permission of a legally authorized person to cremate more than one human body at a time.

(c)  Each cinerator facility shall at all times be subject to the inspection of all its buildings, grounds, records, equipment, and vehicles used in the conduct of its business, by the department, the Department of Environmental Protection, the Department of Health, and local government inspectors and by their agents. Rules shall be adopted which establish such inspection requirements. There shall by rule of the licensing authority be adopted an annual inspection fee not to exceed $300, payable prior to issuance of license and upon each renewal of such license.

(d)  A cinerator facility licensed under this section shall only receive dead human bodies for cremation. A cinerator facility may not receive other materials, or medical, hazardous, and biohazardous waste, for the purpose of disposal in a retort.

(e)  Each cinerator facility must display at its public entrance the name of the facility and the name of the funeral director or direct disposer responsible for that facility. A cinerator facility must transact its business under the name by which it is licensed.

(f)  A cinerator facility located at the same address as a funeral establishment may not have a direct disposer as its individual in charge.

(g)  A cinerator facility shall not place human remains or body parts in a retort or cremation chamber unless the human remains are in an alternative container, cremation container, or casket. Human remains may be transported in a cremation container or stored if they are completely covered, and at all times treated with dignity and respect. Cremation may include the processing and pulverization of bone fragments. Cremated remains may be placed in a temporary container following cremation. None of the provisions contained in this subsection require the purchase of a casket for cremation. This subsection applies to at-need contracts and preneed contracts entered into pursuant to this chapter after June 1, 1996.

(h)  Each cinerator facility shall ensure that all alternative containers, cremation containers, or caskets used for cremation contain no amount of chlorinated plastics not authorized by the Department of Environmental Protection, that they also are composed of readily combustible materials suitable for cremation, able to be closed to provide a complete covering for the human remains, resistant to leakage or spillage, rigid enough for handling with ease, and able to provide for the health, safety, and personal integrity of the public and crematory personnel.

(i)  There shall be adopted by rule criteria for acceptable cremation and alternative containers.

(j)  There shall be rules adopted requiring each facility to submit periodic reports to the department which include the names of persons cremated, the date and county of death, the name of each person supervising each cremation, the name and license number of the establishment requesting cremation, and the types of containers used to hold the body during cremation.

(k)  Each cinerator facility must be inspected prior to the issuance and renewal of its license and shall:

1.  Maintain one or more retorts for the reduction of dead human bodies.

2.  Maintain refrigeration that satisfies the standards set by the Department of Health and contains a sufficient number of shelves for the average daily number of bodies stored, if unembalmed bodies are kept at the site.

3.  Maintain sufficient pollution control equipment to comply with requirements of the Department of Environmental Protection in order to secure annual approved certification.

4.  Either have on site or immediately available sufficient sealed containers of a type required for the transportation of bodies as specified in applicable state rules.

5.  Maintain the premises in a clean and sanitary condition.

6.  Have appropriate Department of Environmental Protection permits.

7.  Retain all signed contracts for a period of at least 2 years.

¹470.0255  Cremation; procedure required.--

(1)  At the time of the arrangement for a cremation performed by any person licensed pursuant to this chapter, the person contracting for cremation services shall be required to designate his or her intentions with respect to the disposition of the cremated remains of the deceased in a signed declaration of intent which shall be provided by and retained by the funeral or direct disposal establishment. A cremation may not be performed until a legally authorized person gives written authorization for such cremation. The cremation must be performed within 48 hours after a specified time which has been agreed to in writing by the person authorizing the cremation.

(2)  With respect to any person who intends to provide for the cremation of the deceased, if, after a period of 120 days from the time of cremation the cremated remains have not been claimed, the funeral or direct disposal establishment may dispose of the cremated remains. Such disposal shall include scattering them at sea or placing them in a licensed cemetery scattering garden or pond or in a church columbarium or otherwise disposing of the remains as provided by rule of the department or board.

History.--ss. 1, 2, ch. 86-92; s. 1, ch. 87-70; s. 1, ch. 89-8; s. 26, ch. 89-374; ss. 25, 122, ch. 93-399; s. 321, ch. 97-103; s. 132, ch. 2004-301.

¹Note.--Section 132, ch. 2004-301, renumbered s. 470.0255 as s. 497.607 and amended the section, effective October 1, 2005, to read:

497.607  Cremation; procedure required.--

(1)  At the time of the arrangement for a cremation performed by any person licensed pursuant to this chapter, the person contracting for cremation services shall be required to designate her or his intentions with respect to the disposition of the cremated remains of the deceased in a signed declaration of intent which shall be provided by and retained by the funeral or direct disposal establishment. A cremation may not be performed until a legally authorized person gives written authorization for such cremation. The cremation must be performed within 48 hours after a specified time which has been agreed to in writing by the person authorizing the cremation.

(2)  With respect to any person who intends to provide for the cremation of the deceased, if, after a period of 120 days from the time of cremation the cremated remains have not been claimed, the funeral or direct disposal establishment may dispose of the cremated remains. Such disposal shall include scattering them at sea or placing them in a licensed cemetery scattering garden or pond or in a church columbarium or otherwise disposing of the remains as provided by rule.

(3)  Pursuant to the request of a legally authorized person and incidental to final disposition, cremation may be performed on parts of human remains. This subsection does not authorize the cremation of body parts as defined in s. 497.005.

¹470.026  Solicitation of goods or services.--

(1)  The board shall adopt rules regulating the solicitation of goods or services by licensees or registrants.

(2)  The board shall regulate such solicitation to protect the public from solicitation which is intimidating, overreaching, vexatious, fraudulent, or misleading; which utilizes undue influence; or which takes undue advantage of a person's ignorance or emotional vulnerability.

(3)  The board shall regulate such solicitation which comprises an uninvited invasion of personal privacy. It is the express finding of the Legislature that the public has a high expectation of privacy in one's personal residence, and the board by rule may restrict the hours or otherwise regulate such solicitation in the personal residence of a person unless the solicitation has been previously and expressly requested by the person solicited.

(4)  Nothing in this chapter may be construed to restrict the right of a person to lawfully advertise, direct mail, or otherwise communicate in a manner not within the definition of solicitation or to solicit the business of anyone responding to such communication or otherwise initiating discussion of the goods or services being offered.

(5)  At-need solicitation of funeral merchandise or services is prohibited. No funeral director or direct disposer or her or his agent or representative may contact the family or next of kin of a deceased person to sell services or merchandise unless the funeral director or direct disposer or her or his agent or representative has been initially called or contacted by the family or next of kin of such person and requested to provide her or his services or merchandise.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 2, ch. 85-16; s. 1, ch. 89-8; ss. 26, 122, ch. 93-399; s. 322, ch. 97-103; s. 86, ch. 2004-301.

¹Note.--Section 86, ch. 2004-301, renumbered s. 470.026 as s. 497.381 and amended the section, effective October 1, 2005, to read:

497.381  Solicitation of goods or services.--

(1)  The licensing authority shall adopt rules regulating the solicitation of goods or services by licensees.

(2)  The licensing authority shall regulate such solicitation to protect the public from solicitation which is intimidating, overreaching, fraudulent, or misleading; which utilizes undue influence; or which takes undue advantage of a person's ignorance or emotional vulnerability.

(3)  The licensing authority shall regulate such solicitation which comprises an uninvited invasion of personal privacy. It is the express finding of the Legislature that the public has a high expectation of privacy in one's personal residence, and the licensing authority by rule may restrict the hours or otherwise regulate such solicitation in the personal residence of a person unless the solicitation has been previously and expressly requested by the person solicited.

(4)  Nothing in this chapter may be construed to restrict the right of a person to lawfully advertise, direct mail, or otherwise communicate in a manner not within the definition of solicitation or to solicit the business of anyone responding to such communication or otherwise initiating discussion of the goods or services being offered.

(5)  At-need solicitation of funeral merchandise or services is prohibited. No funeral director or direct disposer or her or his agent or representative may contact the family or next of kin of a deceased person to sell services or merchandise unless the funeral director or direct disposer or her or his agent or representative has been initially called or contacted by the family or next of kin of such person and requested to provide her or his services or merchandise.

¹470.027  Exemption of certificateholder under chapter 497.--Nothing in this chapter shall prevent a certificateholder under chapter 497 from selling preneed funerals and funeral merchandise through its agents and employees.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 27, 122, ch. 93-399; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.028  Preneed sales; registration of agents.--

(1)  All sales of preneed funeral service contracts or direct disposition contracts shall be made pursuant to chapter 497.

(2)  No person may act as an agent for a funeral establishment or direct disposal establishment with respect to the sale of preneed contracts unless such person is registered pursuant to chapter 497.

(3)  Each licensee or registrant shall be subject to discipline if his or her agent violates any provision of this chapter applicable to such licensee or registrant as established by board rule.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; ss. 14, 43, ch. 82-179; s. 16, ch. 83-316; s. 1, ch. 89-8; ss. 28, 122, ch. 93-399; s. 323, ch. 97-103; s. 29, ch. 2000-356; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.029  Reports of cases embalmed and bodies handled.--

(1)  Each funeral establishment, direct disposal establishment, cinerator facility, and centralized embalming facility shall report on a form prescribed and furnished by the department the name of the deceased and such other information as may be required with respect to each dead human body embalmed or otherwise handled by the establishment or facility. Such forms shall be signed by the embalmer who performs the embalming, if the body is embalmed, and the funeral director in charge of the establishment or facility or by the direct disposer who disposes of the body. The board shall prescribe by rule the procedures in submitting such documentation. Reports required by this subsection shall be filed by the 10th day of each month for final dispositions handled the preceding month.

(2)  Funeral directors performing disinterments shall report, on a form prescribed and furnished by the department, the name of the deceased and such other information as may be required with respect to each dead human body disinterred.

History.--ss. 1, 5, ch. 79-231; s. 339, ch. 81-259; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 29, 122, ch. 93-399; s. 74, ch. 94-119; s. 8, ch. 98-298; s. 87, ch. 2004-301.

¹Note.--Section 87, ch. 2004-301, renumbered s. 470.029 as s. 497.382 and amended the section, effective October 1, 2005, to read:

497.382  Reports of cases embalmed and bodies handled.--

(1)  Each funeral establishment, direct disposal establishment, cinerator facility, and centralized embalming facility shall report on a form prescribed and furnished by the licensing authority the name of the deceased and such other information as may be required with respect to each dead human body embalmed or otherwise handled by the establishment or facility. Such forms shall be signed by the embalmer who performs the embalming, if the body is embalmed, and the funeral director in charge of the establishment or facility or by the direct disposer who disposes of the body. The licensing authority shall prescribe by rule the procedures in submitting such documentation. Reports required by this subsection shall be filed by the 20th day of each month for final dispositions handled the preceding month.

(2)  Funeral directors performing disinterments shall report, using a form and procedures specified by rule, the name of the deceased and such other information as may be required by rule with respect to each dead human body disinterred.

¹470.0294  Additional rights of legally authorized persons.--

(1)  In addition to any other common law or statutory rights a legally authorized person may otherwise have, that person may authorize a funeral director or direct disposer licensed under this chapter to lawfully dispose of fetal remains in circumstances when a fetal death certificate is not issued under chapter 382. A person licensed under chapter 470 is not liable for damages as a result of following the instructions of the legally authorized person in connection with the final disposition of fetal remains in circumstances in which a fetal death certificate is not issued under chapter 382 or in connection with the final disposition of a dead human body.

(2)  Any ambiguity or dispute concerning the right of any legally authorized person to provide authorization under this chapter or the validity of any documentation purporting to grant that authorization shall be resolved by a court of competent jurisdiction.

History.--s. 6, ch. 96-355; s. 88, ch. 2004-301.

¹Note.--Section 88, ch. 2004-301, renumbered s. 470.0294 as s. 497.383 and amended the section, effective October 1, 2005, to read:

497.383  Additional rights of legally authorized persons.--

(1)  In addition to any other common law or statutory rights a legally authorized person may otherwise have, that person may authorize a funeral director or direct disposer licensed under this chapter to lawfully dispose of fetal remains in circumstances when a fetal death certificate is not issued under chapter 382. A person licensed under this chapter or former chapter 470 is not liable for damages as a result of following the instructions of the legally authorized person in connection with the final disposition of fetal remains in circumstances in which a fetal death certificate is not issued under chapter 382 or in connection with the final disposition of a dead human body.

(2)  Any ambiguity or dispute concerning the right of any legally authorized person to provide authorization under this chapter or the validity of any documentation purporting to grant that authorization shall be resolved by a court of competent jurisdiction.

¹470.0295  Disinterment; transportation; authorization and notification.--

(1)  The disinterment and reinterment of human remains shall require the physical presence of a licensed funeral director, unless the reinterment is to be made in the same cemetery.

(2)  In order to ensure that any disinterment or transportation of a dead human body is conducted in a manner that properly protects the public health, safety, and welfare, the board may adopt rules to regulate the disinterment and transportation of human remains.

(3)  The funeral director shall obtain written authorization from a legally authorized person or a court of competent jurisdiction prior to the disinterment and reinterment of a dead human body.

(4)  Notification must be provided to the board and department as provided in s. 470.029.

(5)  The removal of human remains from a designated temporary storage area to a place of permanent burial within a cemetery shall not be considered a disinterment or reinterment.

History.--s. 75, ch. 94-119; s. 89, ch. 2004-301.

¹Note.--Section 89, ch. 2004-301, renumbered s. 470.0295 as s. 497.384 and amended the section, effective October 1, 2005, to read:

497.384  Disinterment; transportation; authorization and notification.--

(1)  The disinterment and reinterment of human remains shall require the physical presence of a licensed funeral director, unless the reinterment is to be made in the same cemetery.

(2)  In order to ensure that any disinterment or transportation of a dead human body is conducted in a manner that properly protects the public health, safety, and welfare, the licensing authority may adopt rules to regulate the disinterment and transportation of human remains.

(3)  The funeral director shall obtain written authorization from a legally authorized person or a court of competent jurisdiction prior to the disinterment and reinterment of a dead human body.

(4)  Notification must be provided licensing authority as provided in s. 497.382.

(5)  The removal of human remains from a designated temporary storage area to a place of permanent burial within a cemetery shall not be considered a disinterment or reinterment.

¹470.0301  Removal services; refrigeration facilities; centralized embalming facilities.--In order to ensure that the removal, refrigeration, and embalming of all dead human bodies is conducted in a manner that properly protects the public's health and safety, the board shall adopt rules to provide for the registration of removal services, refrigeration facilities, and centralized embalming facilities operated independently of funeral establishments, direct disposal establishments, and cinerator facilities.

(1)  REMOVAL SERVICES AND REFRIGERATION SERVICES.--

(a)  Application for registration of a removal service or a refrigeration service shall be made on forms furnished by the department, shall be accompanied by a nonrefundable fee not to exceed $300 as set by board rule, and shall include the name of the business owner, manager in charge, business address, and copies of occupational and other local permits.

(b)  The board shall set by rule requirements for registration of removal services and refrigeration services.

(c)  Registration shall be renewed biennially pursuant to procedures and upon payment of a nonrefundable fee not to exceed $300 as set by board rule. The board may also establish by rule a renewal penalty fee not to exceed $50. Any registration not renewed within 30 days after its renewal date shall expire without further action by the department.

(d)  Each business located at a specific address shall be deemed to be a separate entity and shall require separate registration and compliance with the requirements of this chapter.

(e)  Every registrant under this section shall at all times be subject to the inspection of all its buildings, grounds, and vehicles used in the conduct of its business, by the department or any of its designated representatives or agents, or local or Department of Health inspectors. The board shall by rule establish requirements for inspection of removal services and refrigeration services.

(f)  The board shall set by rule an annual inspection fee not to exceed $100, payable upon application for registration and upon each renewal of such registration.

(g)  A change in ownership shall be promptly reported to the department and may require the relicensure of the registrant, including reinspection and payment of applicable fees.

(h)  The board may deny, suspend, or revoke the registration if any person identified in the application has ever been disciplined by a regulatory agency in any jurisdiction for any offense that would constitute a violation of this chapter. The board may deny, suspend, or revoke the registration if any person identified in the application has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the ability to operate a removal service or refrigeration service.

(i)  Each business must display at the public entrance the name of the establishment and the name of the full-time manager in charge. Each registrant must transact its business under the name by which it is registered with the department.

(j)  No person may conduct, maintain, manage, or operate a removal service or refrigeration service unless registration for such service has been issued by the department.

(k)  Such removal services and refrigeration services may not enter into removal or refrigeration contracts with the general public.

(2)  CENTRALIZED EMBALMING FACILITIES.--In order to ensure that all funeral establishments have access to embalming facilities that comply with all applicable health and safety requirements, the board shall adopt rules to provide for the registration and operation of centralized embalming facilities and shall require, at a minimum, the following:

(a)  All centralized embalming facilities shall contain all of the equipment and meet all of the requirements that a preparation room located in a funeral establishment is required to meet, but such facilities shall not be required to comply with any of the other requirements for funeral establishments, as set forth in s. 470.024.

(b)  Each licensed centralized embalming facility shall have at least one full-time embalmer in charge. The full-time embalmer in charge must have an active license and may not be the full-time embalmer in charge, full-time funeral director in charge, or full-time direct disposer in charge of any other establishment licensed under this chapter.

(c)  Any person, regardless of whether such person is otherwise regulated by this chapter, may own such a facility, provided that such facility is operated in accordance with the rules established by the board.

(d)  A centralized embalming facility may only provide services to funeral establishments.

(e)  The practice of embalming done at a centralized embalming facility shall only be practiced by an embalmer licensed under this chapter and shall be provided only to licensed funeral establishments.

(f)  Application for registration of a centralized embalming facility shall be made on forms furnished by the department and shall be accompanied by a nonrefundable fee not to exceed $300 as set by board rule, and registration shall be renewed biennially pursuant to procedures and upon payment of a nonrefundable fee not to exceed $300 as set by board rule. The board may also establish by rule a late fee not to exceed $50. Any registration not renewed within 30 days after the renewal date shall expire without further action by the department.

(g)  The board shall set by rule an annual inspection fee not to exceed $100, payable upon application for registration and upon renewal of such registration.

(h)  The board shall, by rule, establish operating procedures which shall require, at a minimum, that centralized embalming facilities maintain a system of identification of human remains received for embalming.

History.--s. 21, ch. 93-399; s. 76, ch. 94-119; s. 7, ch. 96-355; s. 9, ch. 98-298; s. 231, ch. 99-8; s. 30, ch. 2000-356; s. 90, ch. 2004-301.

¹Note.--Section 90, ch. 2004-301, renumbered s. 470.0301 as s. 497.385 and amended the section, effective October 1, 2005, to read:

497.385  Removal services; refrigeration facilities; centralized embalming facilities.--In order to ensure that the removal, refrigeration, and embalming of all dead human bodies is conducted in a manner that properly protects the public's health and safety, the licensing authority shall adopt rules to provide for the licensure of removal services, refrigeration facilities, and centralized embalming facilities operated independently of funeral establishments, direct disposal establishments, and cinerator facilities.

(1)  REMOVAL SERVICES AND REFRIGERATION SERVICES.--

(a)  Application for licensure of a removal service or a refrigeration service shall be made using forms and procedures as specified by rule, shall be accompanied by a nonrefundable fee not to exceed $300 as set by licensing authority rule, and shall include the name of the business owner, manager in charge, business address, and copies of occupational and other local permits.

(b)  The licensing authority shall set by rule requirements for licensure of removal services and refrigeration services.

(c)  The licensure shall be renewed biennially pursuant to procedures and upon payment of a nonrefundable fee not to exceed $300 as set by licensing authority rule. The licensing authority may also establish by rule a late renewal penalty fee not to exceed $50 per day. Any licensure not renewed within 30 days after its renewal date shall expire without further action.

(d)  Each business located at a specific address shall be deemed to be a separate entity and shall require separate licensure and compliance with the requirements of this chapter.

(e)  Every licensee under this section shall at all times be subject to the inspection of all its buildings, grounds, and vehicles used in the conduct of its business, by the department or any of its designated representatives or agents, or local or Department of Health inspectors. The licensing authority shall by rule establish requirements for inspection of removal services and refrigeration services.

(f)  The licensing authority shall set by rule an annual inspection fee not to exceed $300, payable upon application for licensure and upon each renewal of such licensure.

(g)  A change in ownership shall be promptly reported using forms and procedures specified by rule and may require the relicensure of the licensee, including reinspection and payment of applicable fees, as required by rule.

(h)  The licensing authority may deny, suspend, or revoke the licensure if any person identified in the application has ever been disciplined by a regulatory agency in any jurisdiction for any offense that would constitute a violation of this chapter. The licensing authority may deny, suspend, or revoke the license of any person identified in the application who has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the ability to operate a removal service or refrigeration service.

(i)  Each business must display at the public entrance the name of the establishment and the name of the full-time manager in charge. Each licensee must transact its business under the name by which it is licensed with the licensing authority.

(j)  No person may conduct, maintain, manage, or operate a removal service or refrigeration service unless licensed for such service under this chapter.

(k)  Such removal services and refrigeration services may not enter into removal or refrigeration contracts with the general public.

(2)  CENTRALIZED EMBALMING FACILITIES.--In order to ensure that all funeral establishments have access to embalming facilities that comply with all applicable health and safety requirements, the licensing authority shall adopt rules to provide for the licensure and operation of centralized embalming facilities and shall require, at a minimum, the following:

(a)  All centralized embalming facilities shall contain all of the equipment and meet all of the requirements that a preparation room located in a funeral establishment is required to meet, but such facilities shall not be required to comply with any of the other requirements for funeral establishments, as set forth in s. 497.380.

(b)  Each licensed centralized embalming facility shall have at least one full-time embalmer in charge. The full-time embalmer in charge must have an active license and may not be the full-time embalmer in charge, full-time funeral director in charge, or full-time direct disposer in charge of any other establishment licensed under this chapter.

(c)  Any person, regardless of whether such person is otherwise regulated by this chapter, may own such a facility, provided that such facility is operated in accordance with the rules established by the licensing authority.

(d)  A centralized embalming facility may only provide services to funeral establishments.

(e)  The practice of embalming done at a centralized embalming facility shall only be practiced by an embalmer licensed under this chapter and shall be provided only to licensed funeral establishments.

(f)  Application for licensure of a centralized embalming facility shall be made utilizing forms and procedures prescribed by rule and shall be accompanied by a nonrefundable fee not to exceed $300 as set by licensing authority rule, and licensure shall be renewed biennially pursuant to procedures and upon payment of a nonrefundable fee not to exceed $300 as set by licensing authority rule. The licensing authority may also establish by rule a late fee not to exceed $50 per day. Any licensure not renewed within 30 days after the renewal date shall expire without further action by the department.

(g)  The licensing authority shall set by rule an annual inspection fee not to exceed $300, payable upon application for licensure and upon renewal of such licensure.

(h)  The licensing authority shall, by rule, establish operating procedures which shall require, at a minimum, that centralized embalming facilities maintain a system of identification of human remains received for embalming.

¹470.031  Prohibitions; penalties.--

(1)  No person may:

(a)  Practice funeral directing, embalming, or direct disposition unless the person holds an active license or registration under this chapter.

(b)  Use the name or title "funeral director," "embalmer," or "direct disposer" when the person has not been licensed or registered pursuant to this chapter.

(c)  Represent as his or her own the license or registration of another.

(d)  Give false or forged evidence to the board, a member thereof, or the department for the purpose of obtaining a license or registration.

(e)  Use or attempt to use a license or registration which has been suspended or revoked.

(f)  Knowingly employ unlicensed persons in the practice of funeral directing, embalming, or direct disposing.

(g)  Knowingly conceal information relative to violations of this chapter.

(h)  Operate an unlicensed cinerator facility.

(2)  Any person who violates the provisions of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 27, ch. 89-374; s. 102, ch. 91-224; ss. 30, 122, ch. 93-399; s. 324, ch. 97-103; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.0315  Storage, preservation, and transportation of human remains.--

(1)  A person may not store or maintain human remains at any establishment or facility except an establishment or facility licensed or registered under this chapter or a health care facility, medical examiner's facility, morgue, or cemetery holding facility.

(2)  A dead human body may not be held in any place or in transit over 24 hours after death or pending final disposition unless the body is maintained under refrigeration at a temperature of 40 degrees Fahrenheit or below or is embalmed or otherwise preserved in a manner approved by the board in accordance with the provisions of this chapter.

(3)  A dead human body transported by common carrier or any agency or individual authorized to carry dead human bodies must be placed in a carrying container adequate to prevent the seepage of fluids and escape of offensive odors. A dead human body may be transported only when accompanied by a properly completed burial-transit permit issued in accordance with the provisions of chapter 382.

(4)  The board shall establish by rule the minimal standards of acceptable and prevailing practices for the handling and storing of dead human bodies, provided that all human remains transported or stored must be completely covered and at all times treated with dignity and respect.

(5)  A person who violates any provision of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 10, ch. 98-298; s. 91, ch. 2004-301.

¹Note.--Section 91, ch. 2004-301, renumbered s. 470.0315 as s. 497.386 and amended the section, effective October 1, 2005, to read:

497.386  Storage, preservation, and transportation of human remains.--

(1)  A person may not store or maintain human remains at any establishment or facility except an establishment or facility licensed under this chapter or a health care facility, medical examiner's facility, morgue, or cemetery holding facility.

(2)  A dead human body may not be held in any place or in transit over 24 hours after death or pending final disposition unless the body is maintained under refrigeration at a temperature of 40 degrees Fahrenheit or below or is embalmed or otherwise preserved in a manner approved by the licensing authority in accordance with the provisions of this chapter.

(3)  A dead human body transported by common carrier or any agency or individual authorized to carry dead human bodies must be placed in a carrying container adequate to prevent the seepage of fluids and escape of offensive odors. A dead human body may be transported only when accompanied by a properly completed burial-transit permit issued in accordance with the provisions of chapter 382.

(4)  The licensing authority shall establish by rule the minimal standards of acceptable and prevailing practices for the handling and storing of dead human bodies, provided that all human remains transported or stored must be completely covered and at all times treated with dignity and respect.

(5)  A person who violates any provision of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

¹470.032  Unlawful to remove or embalm body without consent of proper official when crime is suspected.--It is unlawful for a licensee or registrant to remove or embalm a dead human body when she or he has information indicating crime or violence of any sort in connection with the cause of death until permission of the medical examiner or other lawfully authorized official has first been obtained.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 122, ch. 93-399; s. 325, ch. 97-103; s. 92, ch. 2004-301.

¹Note.--Section 92, ch. 2004-301, renumbered s. 470.032 as s. 497.387 and amended the section, effective October 1, 2005, to read:

497.387  Unlawful to remove or embalm body without consent of proper official when crime is suspected.--It is unlawful for a licensee under this chapter to remove or embalm a dead human body when she or he has information indicating crime or violence of any sort in connection with the cause of death until permission of the medical examiner or other lawfully authorized official has first been obtained.

¹470.033  Sale of funeral merchandise.--If a licensee or registrant offers funeral merchandise for sale as part of his or her services to a consumer, the licensee or registrant shall be subject to disciplinary action as provided in this chapter if he or she:

(1)  When displaying any caskets, fails to display the least expensive casket offered for sale or use in adult funerals in the same general manner as the funeral service industry member's other caskets are displayed.

(2)  Makes oral, written, or visual representations, directly or indirectly, that any funeral merchandise or service is offered for sale when such is not a bona fide offer to sell said merchandise or service.

(3)  Discourages a customer's purchase of any funeral merchandise or service which is advertised or offered for sale, with the purpose of encouraging the purchase of additional or more expensive merchandise or service, by disparaging its quality or appearance, except that true factual statements concerning features, design, or construction do not constitute disparagement; by misrepresenting its availability or any delay involved in obtaining it; or by suggesting directly or by implication that a customer's concern for price or expressed interest in inexpensive funeral merchandise or services is improper, inappropriate, or indicative of diminished respect or affection for the deceased.

(4)  Fails to have the price of any casket offered for sale clearly marked on or in the casket, whether the casket is displayed at the funeral establishment or at any other location, regardless of whether the licensee or registrant is in control of such location. If a licensee uses books, catalogs, brochures, or other printed display aids, the price of each casket shall be clearly marked.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 122, ch. 93-399; s. 326, ch. 97-103; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.034  Disclosure of information to public.--If a licensee or registrant offers to provide services to the public, she or he shall be subject to disciplinary action as provided in this chapter if she or he:

(1)  Fails to reasonably provide by telephone, upon request, accurate information regarding the retail prices of funeral merchandise and services offered for sale by that licensee or registrant.

(2)  Fails to fully disclose all of her or his available services and merchandise prior to the selection of a casket. The full disclosure required shall identify what is included in the funeral or direct disposition and the prices of all services and merchandise provided by the licensee or registrant. Full disclosure shall also be made in the case of a funeral or direct disposition with regard to the use of funeral merchandise which is not to be disposed of with the body, and written permission shall be obtained from the purchaser.

(3)  Makes any false or misleading statements of the legal requirement as to the conditions under which preservation of a dead human body is required or as to the necessity of a casket or outer burial container.

(4)  Fails to disclose, when such disclosure is desired, the components of the prices for alternatives such as:

(a)  Graveside service.

(b)  Direct disposition.

(c)  Body donation without any rites or ceremonies prior to the delivery of the body and prices of service if there are to be such after the residue has been removed following the use thereof.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 122, ch. 93-399; s. 77, ch. 94-119; s. 327, ch. 97-103; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.035  Itemized price lists.--A licensee shall be subject to disciplinary action as provided in this chapter if he or she:

(1)  Fails to furnish for retention to anyone who inquires in person about the arrangement of funeral merchandise and services, before any discussion of selection, a printed or typewritten list concerning the retail prices for at least each of the following items, if regularly offered for sale:

(a)  Transfer of the body to the funeral home.

(b)  Embalming, together with the statement that embalming is not required by state law.

(c)  Use of facilities for viewing.

(d)  Use of facilities for funeral service.

(e)  Use of hearse.

(f)  Use of limousine.

(g)  Other transportation.

(h)  Casket price range with a statement that a complete price list is available.

(i)  Alternative container price range.

(j)  Outer burial container price range with a statement that a complete price list is available.

(k)  Other professional services.

(2)  Fails to include on the list provided in subsection (1) the name, address, and telephone number of the funeral establishment and the statement that the consumer may choose only the items he or she desires, that the consumer will be charged for only those items he or she selects, and that there may be extra charges for other items such as a cemetery fee and flowers.

(3)  Fails to furnish for retention to each customer making arrangements a written agreement listing at least the following categories of services and merchandise, if selected by the customer, together with the price for each item:

(a)  Embalming.

(b)  Other preparation of the body.

(c)  Use of facilities for viewing.

(d)  Use of facilities for funeral ceremony.

(e)  Services of funeral director and staff.

(f)  Casket or alternative container as selected.

(g)  Other specifically itemized charges for merchandise, services, facilities, or transportation.

(h)  Specifically itemized cash advances, to the extent then known. If estimates are given, a written statement of the actual charges must be provided before the final bill is paid; provided that the charge for the item provided in paragraph (e) is to reflect only those services actually provided. The principal services actually provided for this charge must be specified in writing.

(4)  Fails to include on the written agreement required by subsection (3) the name, address, and telephone number of the funeral home and the statement that charges are only for those items that are used and that, if the type of funeral selected requires extra items, an explanation will be given.

(5)  Fails to include immediately below the items required by subsection (3) the signatures of the customer and the funeral director and the date signed.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; s. 122, ch. 93-399; s. 8, ch. 96-355; s. 1115, ch. 97-103; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.0355  Identification of human remains.--

(1)  The licensee or registrant in charge of the final disposition of dead human remains shall, prior to final disposition of such dead human remains, affix on the ankle or wrist of the deceased, or in the casket or alternative container or cremation container, proper identification of the dead human remains. The identification or tag shall be encased in or consist of durable and long-lasting material containing the name, date of birth, date of death, and social security number of the deceased, if available. If the dead human remains are cremated, proper identification shall be placed in the container or urn containing the remains.

(2)  Any licensee or registrant responsible for removal of dead human remains to any establishment, facility, or location shall ensure that the remains are identified by a tag or other means of identification that is affixed to the ankle or wrist of the deceased at the time the remains are removed from the place of death or other location.

(3)  Any licensee or registrant may rely on the representation of a legally authorized person to establish the identity of dead human remains.

History.--s. 11, ch. 98-298; s. 93, ch. 2004-301.

¹Note.--Section 93, ch. 2004-301, renumbered s. 470.0355 as s. 497.388 and amended the section, effective October 1, 2005, to read:

497.388  Identification of human remains.--

(1)  PRIOR TO FINAL DISPOSITION.--

(a)  The licensee in charge of the final disposition of dead human remains shall, prior to final disposition of such dead human remains, affix on the ankle or wrist of the deceased, and in the casket or alternative container or cremation container, proper identification of the dead human remains. The identification or tag shall be encased in or consist of durable and long-lasting material containing the name, date of birth, and date of death of the deceased, if available. If the dead human remains are cremated, proper identification shall be placed in the container or urn containing the remains.

(b)  Any licensee responsible for removal of dead human remains to any establishment, facility, or location shall ensure that the remains are identified by a tag or other means of identification that is affixed to the ankle or wrist of the deceased at the time the remains are removed from the place of death or other location.

(c)  Any licensee may rely on the representation of a legally authorized person to establish the identity of dead human remains.

(2)  IN UNLICENSED CEMETERIES.--The identification of human remains interred in an unlicensed cemetery shall be the responsibility of the licensed funeral establishment in charge of the funeral arrangements for the deceased person. The licensed funeral establishment in charge of the funeral arrangements for the interment in an unlicensed cemetery of human remains shall place on the outer burial container, cremation interment container, or other container or on the inside of a crypt or niche a tag or permanent identifying mark containing the name of the decedent and the date of death, if available. The materials and locations of the tag or mark shall be more specifically described by rule of the licensing authority.

(3)  IN LICENSED CEMETERIES.--Human remains at licensed cemeteries shall be identified as follows:

(a)  Each licensed cemetery shall place on the outer burial container, cremation interment container, or other container or on the inside of a crypt or niche a tag or permanent identifying marker containing the name of the decedent and the date of death, if available. The materials and the location of the tag or marker shall be more specifically described by rule of the board.

(b)  Each licensed cemetery may rely entirely on the identity stated on the burial transit permit or on the identification supplied by a person licensed under this chapter to establish the identity of the dead human remains delivered by such person for burial and shall not be liable for any differences between the identity shown on the burial transit permit or identification and the actual identity of the dead human remains delivered by such person and buried in the cemetery.

(4)  DIRECT DISPOSAL ESTABLISHMENTS.--Direct disposal establishments shall establish a system of identification of human remains received which shall be designed to track the identity of the remains from the time of receipt until delivery of the remains to the authorized persons. This is in addition to the requirements for identification of human remains set forth in subsection (1). A copy of the identification procedures shall be available, upon request, to the department and legally authorized persons.

¹470.036  Disciplinary proceedings.--

(1)  The following acts constitute grounds for which the disciplinary actions in subsection (2) may be taken:

(a)  Violation of any provision of s. 455.227(1) or s. 470.031.

(b)  Attempting to procure, or procuring, a license or registration pursuant to this chapter by bribery or by fraudulent misrepresentations.

(c)  Having a license or registration to practice any of the activities regulated under this chapter revoked, suspended, or otherwise acted against, including the denial of licensure or registration, by the licensing or registering authority of another jurisdiction.

(d)  Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of, or the ability to practice, any of the activities regulated under this chapter.

(e)  Making or filing a report or record which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state, local, or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those which are signed in the capacity of a licensee or registrant under this chapter.

(f)  Advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content.

(g)  Committing fraud, deceit, negligence, incompetency, or misconduct, in the practice of any of the activities regulated under this chapter.

(h)  A violation or repeated violation of this chapter or of chapter 455 and any rules promulgated pursuant thereto.

(i)  Violation of a lawful order of the board or department previously entered in a disciplinary hearing or failure to comply with a lawfully issued subpoena of the board or department.

(j)  Practicing with a revoked, suspended, inactive, or delinquent license.

(k)  Misrepresentation or fraud in the conduct of the business of or profession of the licensee.

(l)  Making any false or misleading statement, oral or written, directly or indirectly, regarding any law or rule pertaining to the disposition of dead human bodies.

(m)  Making any false or misleading statement, oral or written, directly or indirectly, regarding the sale of services or merchandise in connection with any of the activities regulated under this chapter.

(n)  Aiding or abetting an unlicensed person to practice any licensed activity.

(o)  Violation of any state law or rule or municipal or county ordinance or regulation affecting the handling, custody, care, or transportation of dead human bodies.

(p)  Refusing to surrender promptly the custody of a dead human body upon the express order of the legally authorized person; however, this provision shall be subject to any state laws or rules governing custody or transportation of deceased human bodies.

(q)  Paying to or receiving from any organization, agency, or person, either directly or indirectly, any commission, bonus, kickback, or rebate in any form whatsoever for any of the activities regulated under this chapter, by the licensee or registrant, or her or his agent, assistant, or employee; however, this provision shall not prohibit the payment of commissions by a funeral director, funeral establishment, or cinerator facility to its preneed agents registered pursuant to chapter 497 or to licensees under this chapter.

(r)  Taking possession of a dead human body without first having obtained written or oral permission from a legally authorized person. If oral permission is granted, the licensee must obtain written permission within a reasonable time as established by board rule.

(s)  Requiring that a casket be purchased for cremation or claiming directly or by implication that a casket is required for cremation.

(t)  Embalming a deceased human body without first having obtained written or oral permission from a legally authorized person; however, washing and other public health procedures, such as closing of the orifices by placing cotton soaked in a disinfectant in such orifices until authorization to embalm is received, shall not be precluded. If oral permission is granted, the licensee must obtain written permission within a reasonable time as established by board rule.

(u)  Misrepresenting the amount advanced on behalf of a customer for any item of service or merchandise, including, but not limited to, cemetery or crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians or singers, nurses, obituary notices, gratuities, and death certificates, described as cash advances, accommodations, or words of similar import on the contract, final bill, or other written evidence of agreement or obligation furnished to customers; however, nothing herein shall require disclosure of a discount or rebate which may accrue to a licensee subsequent to making a cash advance.

(v)  Making any false or misleading statement or claim that natural decomposition or decay of human remains can be prevented or substantially delayed by embalming, use of a sealed or unsealed casket, or use of a sealed or unsealed outer burial container.

(w)  Solicitation by the licensee, or her or his agent, employee, or assistant, through the use of fraud, undue influence, intimidation, overreaching, or other form of vexatious conduct.

(x)  Having been disciplined by a regulatory agency in any jurisdiction for any offense that would constitute a violation of this chapter, chapter 382, chapter 406, chapter 497, or chapter 872 or that directly relates to the ability to practice under this chapter.

(2)  When the board finds any licensee or registrant guilty of any of the grounds set forth in subsection (1), it may enter an order imposing one or more of the following penalties:

(a)  Denial of an application for licensure or registration.

(b)  Permanent revocation or suspension of a license or registration.

(c)  Imposition of an administrative fine not to exceed $5,000 for each count or separate offense.

(d)  Issuance of a reprimand.

(e)  Placement of the licensee or registrant on probation for a period of time and subject to such conditions as the board may specify, including requiring the licensee or registrant to attend continuing education courses or to work under the supervision of another licensee.

(f)  Restriction of the authorized scope of practice.

(g)  Assessment of costs associated with investigation and prosecution.

(3)  The department shall reissue a suspended license of a disciplined licensee upon certification by the board that the disciplined licensee has complied with all of the terms and conditions set forth in the final order; however, revocation of a license is permanent.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 19, ch. 83-316; s. 2, ch. 87-228; s. 1, ch. 89-8; s. 28, ch. 89-374; ss. 31, 122, ch. 93-399; s. 78, ch. 94-119; s. 328, ch. 97-103; s. 108, ch. 98-166; s. 12, ch. 98-298; s. 169, ch. 2000-160; s. 58, ch. 2003-1; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

¹470.0375  Cash advance accounts; escrow refund accounts.--

(1)  Funeral establishments may elect to maintain special, segregated bank accounts to be used in conjunction with making cash advances to vendors. The money in such accounts may be used by the funeral establishments to pay third-party vendors when such amounts must be paid before the funeral establishment has been paid by the purchaser.

(2)  Funeral establishments may elect to maintain special, segregated escrow accounts to be used in conjunction with making cash refunds to their purchasers. A funeral establishment may deposit in such accounts any amounts paid by its purchasers that were in excess of the actual funeral costs incurred and cash advances made by the funeral establishment.

History.--s. 32, ch. 93-399; s. 94, ch. 2004-301.

¹Note.--Section 94, ch. 2004-301, renumbered s. 470.0375 as s. 497.389 and amended the section, effective October 1, 2005, to read:

497.389  Funeral establishments; cash advance accounts; escrow refund accounts.--

(1)  Funeral establishments may elect to maintain special, segregated bank accounts to be used in conjunction with making cash advances to vendors. The money in such accounts may be used by the funeral establishments to pay third-party vendors when such amounts must be paid before the funeral establishment has been paid by the purchaser.

(2)  Funeral establishments may elect to maintain special, segregated escrow accounts to be used in conjunction with making cash refunds to their purchasers. A funeral establishment may deposit in such accounts any amounts paid by its purchasers that were in excess of the actual funeral costs incurred and cash advances made by the funeral establishment.

¹470.038  Reciprocity.--In order to ensure that funeral directors, embalmers, and direct disposers who are licensed or registered in this state may be considered for licensure or registration in other jurisdictions, the board may enter into reciprocity agreements with other jurisdictions.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 33, 122, ch. 93-399; s. 95, ch. 2004-301.

¹Note.--Section 95, ch. 2004-301, renumbered s. 470.038 as s. 497.390 and amended the section, effective October 1, 2005, to read:

497.390  Reciprocity.--In order to ensure that funeral directors, embalmers, and direct disposers who are licensed in this state may be considered for licensure or registration in other jurisdictions, the licensing authority may enter into reciprocity agreements with other jurisdictions.

¹470.039  Exceptions.--

(1)  Nothing in this chapter may be construed to limit the sale of caskets, alternative containers, outer burial containers, or funeral merchandise by any person.

(2)  Nothing in this chapter may be construed to override the written instructions or wishes of the deceased as to how his or her body is to be disposed of, if such instructions are reasonably available at the time of death.

History.--ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 34, 122, ch. 93-399; s. 329, ch. 97-103; s. 96, ch. 2004-301.

¹Note.--Section 96, ch. 2004-301, renumbered s. 470.039 as s. 497.391 and amended the section, effective October 1, 2005, to read:

497.391  Exceptions.--

(1)  Nothing in this chapter may be construed to limit the sale of caskets, alternative containers, outer burial containers, or funeral merchandise by any person on an at-need basis.

(2)  Nothing in this chapter may be construed to override the written instructions or wishes of the deceased as to how her or his body is to be disposed of, if such instructions are reasonably available at the time of death.

¹470.0395  Branch chapels.--Notwithstanding the provisions of s. 470.024, any licensed establishment operating a branch chapel on June 30, 1979, in accordance with the law then in effect, as determined by the board, may continue to operate such branch chapel for the sole and exclusive purpose of providing and holding funeral services.

History.--ss. 3, 4, ch. 79-231; s. 1, ch. 81-303; s. 2, ch. 81-318; s. 1, ch. 89-8; ss. 35, 122, ch. 93-399; s. 4, ch. 2000-332; s. 97, ch. 2004-301.

¹Note.--Section 97, ch. 2004-301, renumbered s. 470.0395 as s. 497.392 and amended the section, effective October 1, 2005, to read:

497.392  Branch chapels.--Notwithstanding the provisions of s. 497.380, any licensed establishment operating a branch chapel on June 30, 1979, in accordance with the law then in effect, as determined by the licensing authority, may continue to operate such branch chapel for the sole and exclusive purpose of providing and holding funeral services.